[Ord. No. 2012-06 § 13-1]
This chapter shall be known and may be referred to by the short
title of "The Zoning Ordinance of Lafayette Township."
[Ord. No. 2012-06 § 13-2]
a.
In the interpretation and application, the provisions of this chapter
shall be held to be minimum requirements adopted to lessen congestion
in the streets, secure safety from fire, panic and other dangers,
promote health, morals and the public welfare, provide adequate light
and air, prevent the overcrowding of land or buildings and avoid undue
concentration of population, all with reasonable consideration, among
other things, to the location of future municipal services and protections,
the character of the district and its peculiar suitability for particular
uses, with a view to conserving the value of property, the economic
stability and soundness of the community, and the most appropriate
use of land throughout the Township, and to further all of the purposes
of land use regulation as set forth in N.J.S.A. 40:55D-2.
b.
It is also the purpose of this chapter to state as clearly and simply
as possible the intended requirements, to encourage wide understanding
of its meaning, to avoid costly technical or legal problems.
c.
For the purpose hereinabove mentioned, this chapter designates, regulates
and restricts the location and use of buildings and structures and
land for residence, commerce-trade, industry or other purposes, the
height, number of stories, and size of buildings and other structures
hereafter erected or altered, regulates and determines the size of
yards and other open spaces; and regulates and limits the density
of population. In order to effect its purposes, this chapter divides
the Township into zoning districts of such number, shape and area
as may be deemed best to carry out the provisions of this chapter.
[Ord. No. 2012-06 § 13-3.1; Ord. No. 2018-05]
The Township shall be divided into the following types of zones
which shall be differentiated according to use and which shall be
known and designated as:
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R-5.0
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Residential
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R-4.0
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Residential
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R-2.5
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Residential
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VC
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Village Commercial
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HC
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Highway Commercial
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LI
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Light Industry
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EI
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Extractive Industry
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P
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Public
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AH-1
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Residential Affordable Housing
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VR
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Village Residential
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GOZ
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Gateway Overlay Zone
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GCD
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Gateway Commercial Districts
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Ridgeline and Hillside Viewshed Protection Area Overlay Zone
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a.
The Zone District boundaries described in Subsection 13-3.3 of the Township's Zoning Ordinance are hereby established as shown on the currently adopted map entitled "Zoning Map of the Township of Lafayette," including all amendments which is hereby made a part of this chapter and supplemented by the "Gateway Area" and Gateway Overlay Zone" maps attached as Exhibits "A" and "B." (The Zoning Map and Exhibits are on file in the Borough offices.)
[Ord. No. 2012-06 § 13-3.2]
b.
Zoning Map Amendments.
1.
Ordinance No. 2015-09, adopted September 1, 2015: The existing Lafayette
Township Official Zoning Map is hereby revised by including Block
14.01, Lots 15, 16, 17, 18 and 19 in the R-4 Residential Zone instead
of the LI Zone, and the Township Official Zoning Map shall be so revised.
[Ord. No. 2015-09]
2.
Ordinance No. 2016-16, adopted October 4, 2016: Exhibit 1: the existing
Lafayette Township Official Zoning Map is hereby revised by including
Block 9, Lot 21.01 in the AH-2/LC Residential Affordable Housing/Limited
Commercial District, and the Township Official Zoning Map shall be
so revised.
[Ord. No. 2016-16]
3.
Pursuant to Ordinance No. 2018-05, GC-Golf Course District, is hereby
deleted in its entirety and any such area previously zoned GC is hereby
rezoned as R-5.0. A revised Township Zoning Map shall be created to
confirm this change.
[Ord. No. 2018-05]
4.
Ordinance
No. 2020-06 revised the Zoning Map to include Block 15, Lot 26 and
Block 7, Lot 16 in the VC Commercial District.
[Added 3-17-2020 by Ord. No. 2020-06]
5.
Ordinance
No. 2021-16 revised the Zoning Map by designating Block 8, Lots 17.01,
17.02, 26.01, 26.02, 26.04 and 26.05 Inclusionary Multi-Family (IMF)
Overlay Zone, as shown on the exhibit attached hereto entitled “The
Shoppes at Lafayette - IMF Overlay Zone” and dated June 2021.
Editor's Note: The exhibit entitled The Shoppes at Lafayette
- IMF Overlay Zone may be found in the Township offices.
[Added 7-6-2021 by Ord. No. 2021-16]
[Ord. No. 2012-06 § 13-3.3]
Zoning boundary lines are intended to follow lot or property
lines or the center-lines of streets, water courses, or existing or
abandoned railroad rights-of-way unless otherwise indicated by dimensions
or notations on the current Zoning Map of Lafayette Township. The
exact location of any district boundary line shall be determined by
the Land Use Board in accordance with rules and regulations which
may be adopted by it.
[Ord. No. 2012-06 § 13-3.4]
It is not intended, by this chapter, to repeal, abrogate, annul
or in any way to impair or interfere with existing provisions of other
chapters, ordinances, except those specifically repealed by this chapter,
or with private restrictions placed upon property by deed, covenant
or other agreements. However, where this chapter imposes a greater
restriction upon the land, buildings or structures than that imposed
by existing provisions of chapters, contract or deed, the provisions
of this chapter shall control. Where the provisions of this chapter
are, or become, in conflict with State or Federal law and such differences
cannot be reconciled therewith, the provisions of such law shall govern.
[Ord. No. 2012-06 § 13-4]
For the purpose of this chapter certain terms 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 "shall" is mandatory and not discretionary.
Any word or term not defined herein shall be used with a meaning or
standard usage or as defined in N.J.S.A. 40:55D-1 et seq. or any amendments
or supplements thereto.
[Ord. No. 2012-06 § 13-5; Ord. No. 2014-10 § 3; Ord. No. 2015-17 § 1; Ord. No. 2016-16 § 2; Ord. No. 2017-14 § 1; Ord. No. 2018-02; Ord.
No. 2018-17 § 1]
NOTE: Where a conflict arises between the definition of a term contained herein and the definition as found in a State statute or regulation that applies to the application under consideration, the definition contained in the State statute or regulation shall control unless the State law specifically defers to the municipal ordinance or regulation or the State law allows a municipality to deviate from the State statute or regulation. The use of bold type in the Lafayette Township Ordinance is for the purpose of alerting a reader that the term is defined in § 13-5. However, failure to use bold type when using a term in these chapters is an oversight and the use of a term without bold type is still governed by this definitions section.
Shall mean a subordinate structure on the same lot as a related
principal structure. When an accessory structure abuts or is attached
to a principal structure in a substantial manner, by a wall or roof,
such accessory structure shall be considered part of the principal
structure.
See Use, accessory.
Shall mean any construction that increases the size of a
building or structure in terms of lot coverage, height, length, width
or gross floor area.
Shall mean a unit with a sales price or rent within the means
of a low- or moderate- income household as defined in the Fair Housing
Act.
Shall mean the cultivation of the soil and the raising and
harvesting of the products of the soil, including, but not limited
to, nursery, horticulture, forestry and animal husbandry, whether
for profit, private or personal use.
Shall mean farming, including plowing, tillage, cropping,
seeding, cultivating, or harvesting for the production of food and
fiber products (except commercial logging and timber harvesting operations);
the grazing or raising of livestock (except in feed yards); aquiculture;
sod production, orchards, Christmas tree plantations and nurseries.
Shall mean the use of land for agricultural purposes, including
farming, dairying, pasturage, agriculture, horticulture, floriculture,
silviculture, and animal/poultry husbandry and the necessary accessory
uses for packing, treating, or storing the produce; provided, however,
that the operation of any such accessory uses shall be secondary to
that of normal agricultural activities.
Shall mean a facility where aircraft or airborne vehicles,
of all types, land and take off and which may provide storage, maintenance
and fuel services for such aircraft and which, as to design, surface,
maintenance, repair and management thereof meets the minimum requirements
of, and is licensed pursuant to N.J.S.A. 6:1-1 et seq., whether such
facility be public or private. The term "airport" shall include airstrip,
airfield, landing field, landing strip, heliport, helistop and all
other like facilities.
Shall mean a right-of-way, dedicated to public uses, which
gives a primary or secondary means of vehicular access to the rear
or side of properties otherwise abutting a street, and which may be
used for public vehicular or utility access.
Shall mean any enlargement; addition; relocation; repair;
remodeling; change in number of living units; development of or change
in an open area; development of or change in a sign, by painting or
otherwise; or other change in a facility, but excluding painting except
as provided above for signs; ordinary maintenance for which no building
permit is required; and demolition or removal.
Shall mean any animal customarily kept by humans for companionship,
including but not limited to dogs, cats, hamsters, birds, rabbits
and the like.
Shall mean a place where animals or pets are given medical
or surgical treatment. The keeping or boarding of animals shall be
necessary to and incidental to such hospital use.
Shall mean cattle, horses, mules, sheep, goats, pigs, llamas,
beasts of burden, or any other animal not considered a domestic animal.
Shall mean any premises used for the sale or trading of articles
of which 80% or more are over 50 years old and have collectible value.
Antique shop does not include "secondhand store."
See Dwelling unit, types.
Shall mean the party applying for permits or other approval
required by this chapter.
Shall mean the completed form or forms and all accompanying
documents, exhibits, and fees required of an applicant by the Land
Use Board of the Township for development review, approval, or permitting
purposes.
Shall mean the official action of the Land Use Board taken
on a preliminarily approved major subdivision or site plan after all
conditions, engineering plans and other requirements have been completed
or fulfilled and the required improvements have been installed or
guarantees properly posted for their completion, or approval conditioned
upon the posting of such guarantees.
Shall mean the conferral of certain rights pursuant to N.J.S.A.
40:55D-46, 48 and 49, prior to final approval after specific elements
of a development have been agreed upon by the Land Use Board and the
applicant.
Shall mean the Land Use Board of Lafayette Township as designated
by ordinance unless a different agency is designated by ordinance
when acting pursuant to the authority of N.J.S.A. 40:55D-1 et seq.
Shall mean a saturated geologic formation that will yield
a sufficient quantity of water to serve as a private or public water
supply.
Shall mean a continuous passageway parallel to and open to
a street, open space or building, usually covered by a canopy or permanent
roofing, and accessible and open to the public.
Shall mean a curved structure in a vertical plane capable
of spanning a space or opening while supporting significant weight.
See Gross area.
Shall mean a vegetated area consisting of existing or planted
trees and shrubs, located or established between existing or proposed
development within the Ridgeline and Hillside Viewshed Protection
Area and public areas. The purpose of the Area of Protection is to
totally obscure the view of development within the Ridgeline and Hillside
Viewshed Protection Area and public areas as viewed from the view
line. See Figure 1 in § 13-13E3.
Shall mean American Society of Civil Engineers.
Shall mean American Society for Testing Materials.
Shall mean any sale where tangible personal property is sold
by an auctioneer who is either the agent for the owner of such property
or is in fact the owner thereof.
Shall mean a building, area, or areas within a building used
for the public sale of goods, wares, merchandise, or equipment to
the highest bidder.
Shall mean every vehicle, except motorcycles, designed for
carrying 10 passengers or less and used for the transportation of
people.
Shall mean a facility which provides collision repair services,
including frame straightening, replacement of damaged parts, and painting.
Body and frame repair does not include mechanical engine or power
train repair.
See Motor vehicle fueling station.
See Motor vehicle service station.
Shall mean American Water Works Association.
See Financial institutions.
Shall mean a space having 1/2 or more of its floor-to-ceiling
height above the average level of the adjoining ground and with a
floor-to-ceiling height of not less than 6 1/2 feet.
Shall mean overnight accommodations and a morning meal in
a dwelling unit provided to transients for compensation.
Shall mean a room intended for sleeping. Any room designated
on the building plan submittals as a den, library, study, loft or
other extra room will be considered to be a bedroom for the purposes
of this chapter.
Shall mean a man-made mound of earth in excess of two feet
in vertical height used to shield or buffer properties from adjoining
uses, highways, or noise, or to control the direction of surface water
flow.
Shall mean the Lafayette Township Land Use Board.
Shall mean a person who resides in a dwelling who is not
a member of the family unit that is the primary occupant of the dwelling,
and who pays for or performs services in exchange for such occupancy.
A boarder does not include a person who has separate cooking facilities
made available to him.
Shall mean a single-family dwelling where more than two but
fewer than six bedrooms are provided for lodging for definite periods
of times. Meals may or may not be provided, but there is one common
kitchen facility. No meals are provided to outside guests.
See Automobile body shop.
Shall mean an area of land, including landscaping, berms,
fences, and building setbacks, that is located between land uses of
different character.
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Shall mean the space remaining on a lot after the minimum
open space and offsets are considered and after compliance with setback
requirements; excepting any environmentally sensitive areas and environmentally
critical areas or similarly designated unbuildable lands.
Shall mean a combination of materials to form a construction
adapted to permanent, temporary, or continuous occupancy and having
a roof.
Shall mean a percentage of a lot including all buildings,
but does not include eave overhangs, second story balconies and decks
that allow for the drainage of water through the deck surface and
are a minimum of 10 feet above the finished grade at all points.
Shall mean the three-dimensional space within which a structure
is permitted to be built on a lot.
Shall mean the vertical distance from grade plane to the
average height of the highest roof surface.
Shall mean the building line is the inner edge of any required
yard or required setback, and the corresponding outer edge of the
buildable area.
Shall mean a building in which is conducted the main or principal
use of the lot on which the building is located.
Shall mean a permit issued by the duly designated construction
official authorizing the erection, construction, reconstruction, alteration,
repair, conversion, or maintenance of any building, structure, or
portion thereof. Such a permit shall not be issued without the signature
of the Zoning Official or designee, certifying compliance with this
chapter.
See Office, business.
Shall mean a parcel of land devoted to primarily outdoor
recreation uses not including overnight accommodations for the users.
Shall mean a permanent roofed structure permanently open
on at least two sides, designed for or occupied by automobiles.
Shall mean the actual road surface area from curbline to
curbline which may include travel lanes, parking lanes, and deceleration
and acceleration lanes. Where there are no curbs, the cartway is that
portion between the edges of the paved, or hard surface, width.
Shall mean a space with less than 1/2 of its floor-to-ceiling
height above the average finished grade of the adjoining ground or
with a floor-to-ceiling height of less than 6 1/2 feet. (Comment:
Cellars should be used only for mechanical equipment accessory to
the principal structure or for uninhabitable space. As such they are
not counted as a story or in the computation of the intensity of land
use, such as floor area ratio.)
Shall mean land used or intended to be used for the burial
of the dead and dedicated for cemetery purposes including columbariums,
crematoriums, and mausoleums, when operated in conjunction with and
within the boundary of such cemetery.
Shall mean a document issued by the proper authority allowing
the occupancy or use of a building and certifying that the structure
or use has been constructed or will be used in compliance with all
applicable Federal, State and municipal codes and ordinances.
Shall mean an establishment providing for the care, supervision,
and protection of children, but not a preschool.
See House of Worship.
Shall mean systems, structures and physical improvements
for the movement of people, goods, water, air, sewage or power by
such means as streets, highways, railways, waterways, towers, airways,
pipes and conduits, and the handling of people and goods by such means
as terminals, stations, warehouses, and other storage buildings or
trans-shipment points.
Shall mean a facility operated by one or more physicians,
dentists, chiropractors or other licensed practitioners of the healing
arts for the examination and treatment of persons solely on an outpatient
basis.
Shall mean a development design technique that concentrates
buildings in specific areas on the site to allow the remaining land
to be used for recreation, common open space, and preservation of
environmentally sensitive areas.
Shall mean a form of development for single-family residential
subdivisions that permits a reduction in lot area and bulk requirements,
provided there is no increase in the number of lots permitted under
a conventional subdivision and the resultant land area is devoted
to open space.
Shall mean any use involving in part or in whole the sale
of merchandise, materials or services for profit.
Shall mean trucks, buses, sedan delivery vehicles, station
wagons, minivans or sport utility vehicles or any other commercially
used vehicles subject to that licensing designation under N.J.S.A.
39:1-1 et seq.
Shall mean an open space area within or related to a site
designated as a development, and designed and intended for the use
and enjoyment of residents and owners of the development. Common open
space may contain such complementary structures or improvements as
are necessary and appropriate for the benefit and enjoyment of residents
and owners of the development, as permitted.
Shall mean a vertical wall and/or horizontal separation forming
a structural part of two buildings or of two separately owned and/or
rented units in the same building. Such a wall contains no openings
and extends from its footings below finish grade to the height of
the exterior surface of the roof.
Shall mean ownership of two or more contiguous parcels of
real property by the same person or persons.
Shall mean a preliminary, nonbinding presentation and attendant
documentation of a proposed subdivision or site plan of sufficient
accuracy to be used for the purpose of discussion and classification.
See Use, conditional.
Shall mean a parcel, plot or area of land abutting a public
street complying with the minimum requirements of N.J.S.A. 40:55D-35,
exclusive of any area within such public street, whose area is sufficient
to provide the yard, space and setback requirements and the minimum
area requirements for the zone district in which it is located and
complying with all other minimum requirements for said district, as
required by this chapter.
Shall mean land that includes environmentally sensitive areas
or environmentally critical areas or any land restricted by the regulation
of any County, State or Federal Code.
Shall mean the minimum contiguous area within the setbacks
of a lot consisting of land suitable for construction of principal
and accessory buildings and structures, excluding environmentally
sensitive areas and environmentally critical areas as defined by this
chapter.
See Rest home and convalescent home.
Shall mean land development which does not utilize the techniques
of lot averaging, clustering or planned development.
See Impervious surface coverage or ratio.
Shall mean a closed or open conduit designed for the purpose
of conveying an open channel under a road, highway, pedestrian walk,
railroad embankment, or other type of overhead structure.
See Camp, day or youth.
See Child care center.
Shall mean diameter of a tree trunk at breast height (typically
three feet, six inches above ground level).
Shall mean any razing or destruction, whether entirely or
in significant part 25% or more, of the exterior of a building structure
or site, including the removal of a building or structure from its
site or the removal, stripping, concealing, or destruction of the
facade or any significant exterior architectural features which are
integral to the historic character of the resource, for whatever purpose,
including new construction or reconstruction.
Shall mean the permitted number of dwelling units per gross
area of land to be developed.
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
enforceable proprietary interest in such land.
Shall mean a legal agreement between a developer and a municipality
in which the terms and conditions required for successful completion
of the development are enumerated.
Shall mean the division of a parcel of land into two or more
parcels, the construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any building or structure,
any mining excavation or landfill, and any use or change in the use
of any building or other structure, or land or extension of use of
land, by any person, for which permission is required under the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development
of agricultural lands, development means: any activity that requires
a State permit; any activity reviewed by the County Agricultural Board
(CAB) and the State Agricultural Development Committee (SADC), and
municipal review of any activity not exempted by the Right to Farm
Act, N.J.S.A. 4:1C-1 et seq.
Shall mean a construction schedule and plan showing the time
frame in which each portion of a development will be constructed or
improvements will be installed. Also referred to as a phasing plan.
Shall mean part of the municipality to which certain uniform
regulations of this chapter apply as a separate zone district.
Shall mean a nonpublic well that is used primarily to provide
drinking and sanitary water supply for an individual dwelling unit.
Shall mean the removal of surface water or groundwater from
land by drains, grading or other means and includes control of runoff
during and after construction or development to minimize erosion and
sedimentation, to assure the adequacy of existing and proposed culverts
and bridges, to induce water recharge into the ground where practical,
to lessen non-point pollution, to maintain the integrity of stream
channels for their biological functions as well as for drainage, and
the means necessary for water supply preservation or prevention or
alleviation of flooding.
Shall mean a geographic area within which stormwater runoff,
sediments, or dissolved materials drain to a particular receiving
water body or to a particular point along a receiving water body.
Shall mean the configuration of a drainage system including
man-made and natural features within a drainage basin.
Shall mean the lands required for the installation of stormwater
sewers or drainage ditches, or required along a natural stream or
watercourse for preserving the channel and providing for the flow
of water therein to safeguard the public against flood damage, in
accordance with the Water Supply Management Act, N.J.S.A. 58:1A-1
to 26.
Shall mean a system of man-made structures, which includes
grading or other appropriate means, designed to collect, convey, hold,
divert, or discharge stormwater.
Shall mean in addition to its regularly accepted common meaning, any lane, way, field entrance or privately owned road, except as hereinafter exempted in Lafayette General Ordinance Subsection 9-5.4.
Shall mean a driveway is altered within the meaning of this
chapter when it is widened, relocated or when its grade is changed
or when it is modified in any way that alters the prior existing drainage
from said driveway onto a public right-of-way or adjoining property.
Normal maintenance, such as paving an existing stone driveway, replacing
stone or patching asphalt shall not be considered as "altering a driveway."
Shall mean one providing access to an office, retail or institutional
building or to an apartment building having more than five dwelling
units or any other use classified as commercial or institutional in
the Lafayette Township Land Use Ordinance, but not by way of limitation
thereof. Industrial plant driveways whose principal function is to
serve administrative or employee parking lots are considered "commercial
driveways."
Shall mean a driveway providing access to a single-family
residence.
Shall mean a building or portion thereof designated or used
primarily as living quarters for one or more persons, but not including
hotels, motor lodges, bed and breakfasts, boarding houses or other
accommodations for the transient public.
Shall mean one or more rooms, designed, occupied or intended
for occupancy as separate living quarters, with sleeping and sanitary
facilities and only one cooking facility provided within the dwelling
unit for the exclusive use of a single family maintaining a household.
SINGLE-FAMILY DETACHED or ONE-FAMILY DETACHEDShall mean a freestanding residential building which contains one dwelling unit and which has no common walls with other dwelling units.
DUPLEXShall mean a freestanding residential building containing two dwelling units each of which has direct access to the outside and is totally separated from the other by an unpierced wall extending from basement to roof.
TRIPLEXShall mean a freestanding residential building containing three dwelling units each of which has direct access to the outside and is totally separated from the other units by an unpierced common wall extending from the basement to the roof.
EFFICIENCYShall mean a residential dwelling unit without a separate bedroom and not exceeding 600 square feet of gross floor area.
APARTMENT or APARTMENT UNITShall mean a suite of rooms, with a full private bath and cooking accommodations, used or designed for use as a residence by a person or persons.
FLAT"Flat apartment," "stacked flat" or "stacked flat apartment" shall mean a self-contained dwelling unit that occupies only part of a building on a single level without a stair within the dwelling unit.
[Ord. No. 2016-16 § 2]
TOWNHOUSEShall mean a one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. (Note: Townhouses usually have separate utilities, such as individual hot water and heating systems, separate electric meters, and so forth. However, in some condominium developments, the condominium association may arrange for bulk purchase of certain utilities and distribute them to individual dwelling units.)
[Ord. No. 2016-16 § 2]
Shall mean the right to use real property belonging to another
person or entity for certain limited purposes.
Shall mean public, parochial and private elementary and secondary
schools duly licensed by the State of New Jersey, attendance at which
is a sufficient compliance with the compulsory education requirements
of the State. Educational uses shall also include pre-schools and
institutions of higher education duly licensed by the State Department
of Education. Day or youth camps shall not be considered as educational
uses or accessories to such uses.
Shall mean a small, removable residential unit designed to
provide temporary housing for immediate relatives who are 55 years
of age or older or disabled in a movable accessory residential structure
on a lot containing a principal residential structure.
[Ord. No. 2018-17 § 1]
Shall mean an area or feature that poses a physical or chemical
hazard or concern, including predevelopment slopes of 15%, or greater,
seasonable high water table within two feet of the surface, shallow
depth to bedrock of 0 to 3.5 feet, rock outcrop, floodplains, streams,
brooks, rivers, and their corridors, ponds, lakes, and open waters,
land overlying known or suspected faults, slides, sinkholes, subsidence
locations, lands underlain by carbonate bedrock or expansive soil,
lands underlain by groundwater that has had its use restricted by
the State due to the presence of contaminants, or land impacted by
contaminants above unrestricted use standards or criteria adopted
by or otherwise applied by the State.
Shall mean an area or feature of significant environmental
value, including surface waters, any water resource which is utilized
as a public water or nonpublic water supply, groundwater recharge
areas, wellhead protection areas, wetlands and wetland transition
areas, submerged vegetation habitats, prime forest land or unique
forest land, natural heritage priority sites, or habitats of endangered
or threatened plant and animal species.
Shall mean the erection, construction, alteration or maintenance,
by public utilities, municipal or other governmental agencies, of
underground, surface or overhead gas, electrical, steam or water transmission
or distribution systems, including electrical substations, telephone
dial centers, poles, towers, wires, mains, drains, sewers, pipes,
conduits, cables, fire alarm and police call boxes, traffic signals,
light stanchions, telephone lines, hydrants and other similar equipment
and accessories, in connection therewith, reasonably necessary for
the furnishing of adequate service by public utilities, municipal
or other governmental agencies for the public health, safety or general
welfare. "Essential services" shall include firehouses, first aid
and emergency aid squad, whether provided by a municipal or nonprofit
agency, pumping stations, sewage treatment facilities, stand poles
and water storage tanks.
Shall mean the quarrying, handling and processing of stone,
sand and gravel which are extracted from the premises.
Shall mean those portions of the facade which face and are
most closely parallel to the front lot line.
Shall mean the total wall surface, including door and window
areas, of a building's facade front. In the case of corner buildings
which front on more than one street, only one face shall be used to
calculate facade area.
Shall mean a structure which is built, installed, or established
to serve a particular purpose.
Shall mean any number of persons related by blood, marriage
or adoption or unrelated individuals maintaining a household. A "family"
shall, also, include foster children but shall not include roomers
or members of a fraternity or sorority.
Shall mean a parcel of land containing at least five acres
for the primary purpose of agricultural use.
See Roadside stand.
Shall mean an artificially constructed barrier of any material
or combination of materials erected to enclose or screen areas of
land, but not to include berms.
See Plat, final.
See Approval, final.
Shall mean an establishment that provides financial and banking
services to consumers or clients. Walk-in and drive-in services to
consumers are generally provided on site. Typical uses include banks,
savings and loan associations, savings banks, credit unions, and lending
establishments. Not included are freestanding automatic teller machines.
Shall mean any fabric or other flexible material attached
to or designed to be flown from a flagpole or similar device.
See Lot, flag.
Shall mean a freestanding structure or a structure attached
to a building or to the roof of a building and used for the sole purpose
of displaying flags.
Shall mean the flood resulting from the 100-year flood discharge
increased by 25%.
Shall mean the 100-year flood along non-delineated watercourses
or the flood hazard area design flood along delineated watercourses
as per current N.J.A.C. 7:13.
Shall mean the area inundated by a regulatory flood including
the water course that creates it as per current N.J.A.C. 7:13.
Shall mean top surface of an enclosed area in a building
(including basement), i.e., top of slab in concrete slab construction
or top of wood flooring in a wood frame construction. The term does
not include the floor of a garage used solely for parking vehicles.
Shall mean the floor area within the inside perimeter of
the exterior walls of the building under consideration exclusive of
vent shafts and courts, without deduction for corridors, stairways,
closets, the thickness of interior walls, columns or other features.
The floor area of a building, or portion thereof, not provided with
surrounding exterior walls shall be the usable area under the horizontal
projection of the roof or floor above. The gross floor area shall
not include shafts with no openings or interior courts as defined
by the International Building Code, New Jersey Edition.
Shall mean the sum of the area of all floors of buildings
or structures compared to the total area of the site.
Shall mean a local or national organization of college or
university students, including sorority, organized for the purpose
of sharing cultural, scholarly or religious interests, where involvement
requires regular meetings and formal written membership requirements.
See Lot line, front.
Shall mean a detached building or portion of the principal
building, including a carport, which is used primarily for storing
automobiles or other motor vehicles of a rated capacity of not more
than one and one-half tons.
Shall mean a structure, or portion thereof, other than a
private garage, used for the parking and/or storage of motor vehicles
and available to the general public.
Shall mean a reference plane representing the average of
the finished ground level adjoining the building at all exterior walls.
Where the finished ground level slopes away from the exterior walls,
the reference plane shall be established by the lowest points within
the area between the building and the lot line or, where the lot line
is more than six feet from the building between the structure and
a point six feet from the building.
Shall mean a retail establishment which primarily sells food,
but also may sell other convenience and household goods, and which
occupies at least 5,000 square feet, but not more than 25,000 square
feet of gross floor area.
Shall mean the total horizontal area within a lot or parcel
of land before public streets, easements or other areas to be dedicated
or reserved for public use are deducted from such lot or parcel.
Shall mean a nonprofit or for-profit home for the sheltered
care of persons with special needs, which, in addition to providing
food and shelter may also provide some combination of personal care,
social or counseling services, and transportation.
Shall mean the affordable housing obligation generated in
each municipality by the methodology detailed by the appropriate agency
charged with the responsibility of implementing affordable housing
in the State of New Jersey.
See Floor area.
Shall mean a room occupied or designed to be occupied by
one or more persons for living, sleeping, eating, or cooking, including
kitchens serving a dwelling unit, but not including bathrooms, toilet
compartments, laundries, pantries, cellars, attics for storage, and
other similarly approved spaces that are not used frequently or for
extended periods.
Shall mean any employment or occupation conducted within a dwelling which shall constitute either entirely or partly a source of income of a person living in such dwelling in accordance with Subsection 13-8.3d.
Shall mean a duly incorporated organization composed of all
owners of property in a development.
Shall mean the use of land for the growing or production
for income of fruits, vegetables, flowers, nursery stock, including
ornamental plants and trees, and cultured sod.
Shall mean an institution, licensed by the State Department
of Health providing primary health services and medical or surgical
care to persons, primarily inpatients, suffering from illness, disease,
injury, deformity, and other abnormal physical or mental conditions,
and including as an integral part of the institution, related facilities
such as laboratories, outpatient facilities, or training facilities.
Shall mean a building containing more than five rooms used,
rented or hired out, to be occupied for sleeping purposes by guests,
where general kitchen, dining room and/or banquet rooms are provided
within the building.
Shall mean a building or structure, or groups of buildings
or structures, that by design and construction are primarily intended
for conducting organized religious services and associated accessory
uses and entitled to exception from taxation pursuant to provisions
of N.J.S.A. 54:4-3.6.
Shall mean Illuminating Engineering Society.
Shall mean a surface that has been covered with a layer of
material so that it is highly resistant to infiltration by water.
Shall mean a measure of the intensity of land use determined
by dividing the total of all impervious surfaces on a site by the
gross site area.
Shall mean any man-made, immovable item which becomes part
of, is placed upon, or is affixed to land or an existing structure
or building.
Shall mean improvements required to be made off site as a
result of an application for development including but not limited
to streets, water, drainage, or sewer line improvements.
Shall mean a housing development containing both affordable
units and market-rate units. This term includes, but is not necessarily
limited to, new construction, the conversion of a nonresidential structure
to residential and the creation of new affordable units through the
reconstruction of a vacant residential structure.
Shall mean a use by a public or nonprofit, quasi-public,
or private institution for educational, religious, charitable, medical
or civic purposes.
Shall mean:
In criminal or quasi-criminal proceedings, any citizen of the
State of New Jersey; and
In the case of a civil proceeding in any court or in an administrative
hearing or proceeding before a State, County or 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 chapter, or whose rights to use, acquire
or enjoy property under this chapter or under any other law of Sussex
County, the State of New Jersey or of the United States have been
denied, violated or infringed by an action or failure to act under
this chapter.
Shall mean a point where two or more streets meet and/or
cross.
Shall mean Institute of Transportation Engineers.
Shall mean any scrap, waste, reclaimable material and debris,
whether or not stored or used in conjunction with the dismantling,
processing, salvage, storage, baling, disposal or other use or disposition.
Junk may include, for purposes of illustration, vehicles, tires, vehicle
parts, equipment, paper, rags, metal, glass, plaster, household appliances,
wood, lumber, brush and building materials.
Shall mean any area, lot, parcel, building or structure used
for the storage, sale, processing, or abandonment of junk.
Shall mean the earth, water, and air above, below, or on
the surface, including any improvements or structures customarily
regarded as the land.
Shall mean the following:
The manufacture, compounding, assembly or treatment of articles
of merchandise from the following previously prepared materials: bones,
cellophane, canvas, cork, cloth, rope, cord, twine, plastics, natural
and synthetic rubber, feathers, felt, fiber, fur, glass, hair, horn,
leather, paper, plaster, metals, precious or semi-precious stone,
shell, tobacco, textile, wood and yarns.
The manufacture, compounding, processing, packaging or treatment
of such products as candy, drugs, pharmaceutical and food products.
The manufacture of ceramic products, using only previously pulverized
clay.
Manufacture of musical instruments, toys, novelties, and metal
stamping.
Manufacture and assembly of electrical or electronic devices,
home, commercial and industrial appliances and instruments, including
the manufacture of accessory parts or assemblies.
Shall mean the upward emitting of stray light which may illuminate
clouds, dust and other airborne matters and may obscure the night
sky.
Shall mean any artificial light greater than 0.10 foot candles
falling outside the boundaries of the property upon which the outdoor
lighting unit is installed. Light trespass occurs when neighbors of
an illuminated space are affected by the lighting systems inability
to contain its light within the area intended.
Shall mean a space designed and located on a lot for the
temporary parking of commercial vehicles while loading or unloading
merchandise or materials.
See Loading, off-street.
See Boarding house.
Shall mean a parcel of land occupied or intended for occupancy
by one principal use permitted in this chapter, including one principal
building and its accessory buildings or as otherwise provided in this
chapter, and having its principal frontage upon a dedicated street.
The boundaries of the lot shall be determined by its lot lines.
 |
Shall mean the total area within the lot lines exclusive
of any area within an abutting street right-of-way and exclusive of
any area within any proposed street right-of-way as shown on the Master
Plan, subdivision map or official map of the State, County or Township.
Shall mean a technique whereby one or more lots in a subdivision
are reduced from the conventional minimum sizes and one or more lots
are oversized, but the overall average lot size is not less than the
minimum lot size permitted in the zone for conventional development.
In no case are lots permitted which are below the minimum standard
for the lot averaging technique. The purpose of lot averaging is to
produce a more logical development pattern which preserves environmentally
critical land, environmentally sensitive land, preserves historic
structures, or accomplishes other public purposes.
Shall mean a lot abutting two or more streets at their intersection
or abutting two parts of the same street forming an interior angle
of less than 135 degrees.
Shall mean a measure of intensity of land use that represents
the portion of a site that is impervious. This portion includes but
is not limited to all areas covered by buildings, accessory structures,
parking structures, driveways, roads, sidewalks, and any area of concrete
or asphalt. Also including patio covers, storage sheds, trash dumpster
enclosures etc. and architectural features e.g. (chimneys, balconies,
decks, porches, stairs, etc.).
Shall mean the horizontal distance between the front and
rear lot lines measured along the median between the two side lot
lines. On corner lots, the depth shall be measured from the street
or portion of the street upon which the lot has the least frontage.
Shall mean a parcel or plot of land abutting a public street,
complying with the minimum requirements of N.J.S.A. 40:55D-35, whose
width at the street line and/or at the building setback line is less
than that required by the zone district in which it is located and
whose principal portion shall be to the rear of a conforming lot.
Such lots are not permitted in the Township.
Shall mean the uninterrupted linear or curvilinear extent
of a lot measured along the street right-of-way from the intersection
of one side lot line to the intersection of the other side lot line.
The measurement of lot frontage shall not include irregularities in
the street line and, in the case of a corner lot, shall extend to
the point of intersection of the side line right-of-way. If a lot
has frontage on more than one street, the minimum lot frontage requirements
shall apply to each street on which the lot has frontage.
Shall mean the recorded boundary of a lot.
Shall mean that boundary of a lot which abuts an existing
or dedicated public street, and in the case of a corner lot, it shall
be the shortest dimension on a public street. If the dimensions of
a corner lot are equal, the front lot line shall be designated by
the applicant.
Shall mean a lot line which is opposite and most distant
from the front lot line, and in the case of an irregular or triangle-shaped
lot, a line 10 feet in length within the lot parallel to and at the
maximum distance from the front lot line.
Shall mean any lot line other than a front or rear lot line.
 |
Shall mean the horizontal distance between the side lot lines
measured along the required building setback line. On corner lots,
the width shall be measured between the side lot line and the side
street at a setback from the street upon which lot has the least frontage.
Shall mean income of 50% or less of the median gross household
income for households of the same size within the housing region in
which the household is located, based upon the U.S. Department of
Housing and Urban Development's (HUD) Section 8 Income Limits (uncapped)
averaged across counties for the housing region of the appropriate
agency charged with the responsibility of implementing affordable
housing in the State of New Jersey.
Shall mean housing affordable according to Federal Department
of Housing and Urban Development or other recognized standards for
home ownership and rental costs and occupied or reserved for occupancy
by households with a gross household income equal to 50% or less of
the median gross household income for households of the same size
within the housing region in which the housing is located.
Shall mean a recorded legal agreement setting forth the maintenance
obligations of the various parties to the agreement.
Shall mean any security which may be accepted by a municipality
for the maintenance of any improvements required by the Municipal
Land Use Law, including but not limited to surety bonds, letters of
credit under the circumstances specified in N.J.S.A. 40:55D-53.5,
and cash.
Shall mean any site plan not classified as a minor site plan.
[Ord. No. 2018-02]
Shall mean subdivisions not classified as minor subdivisions.
See Retail sales establishment.
Shall mean housing not restricted to low- and moderate-income
households that may sell at any price determined by a willing seller
and a willing buyer.
Shall mean a composite of one or more written or graphic
proposals for the development of the municipality as set forth in
and adopted pursuant to N.J.S.A. 40:55D-28.
Shall mean the maximum percentage of a lot which is permitted
to be disturbed by development activities such as grading, removal
of existing vegetation, paving, building, landscaping and excavation
of subsurface waste disposal and other facilities, but shall not include
disturbance related to agricultural activities.
See Office, medical.
Shall mean a development plan of a single lot which does
not involve any planned development or new street or extension of
any off tract improvements, and is within the scope of development
specifically permitted by this chapter as a minor site plan as follows:
A change in use involving no building construction other than
interior modification or interior structural alteration and no additional
off street parking;
Minor exterior structural changes to a non-residential building
such as entry enclosures and other structural appurtenances including
roof appurtenances;
Alterations to the existing facade of existing non-residential
buildings not involving expansions of the square footage of the existing
buildings;
Additions to existing non-residential structures between 500
and 2,000 square feet in size;
Removal of vegetation or disturbance of soil in an area between
500 and 4,999 square feet; or
Addition or alteration of parking facilities requiring the addition
of between two and five more parking spaces.
[Ord. No. 2018-02]
Shall mean the division of a parcel of land meeting one or
more of the following conditions:
The division of a parcel of land for the purpose of enlarging
an adjoining parcel wherein the remaining parcel is not in conflict
with the Zoning Ordinance nor is its future use or development adversely
affected.
The division of a parcel of land into not more than two lots
in any five-year period plus the remainder of the parcel being subdivided
wherein all such lots or parcels meet all of the following requirements:
Said lots are not in conflict with the Zoning Ordinance, Master
Plan or official map.
All lots front on an existing street that provides direct access to the lot as defined in this chapter and which is of the width shown on the Master Plan and which is improved to meet all requirements of N.J.S.A. 40:55D-35 so that a building permit could be issued to construct a building on each lot. Each lot shall be served by a residential driveway (in accordance with Lafayette General Ordinances Subsection 9-5.1 et seq.) that provides direct access from an existing street to the lot.
No new streets or roads are involved.
The resulting lots are suitable for their intended purpose without
the necessity of making unusual changes in grades of the lots.
The creation of the lots will not produce a drainage problem
or result in the necessity for drainage improvements or any other
types of off-site improvement.
The creation of the lots will not adversely affect the uniform
and comprehensive development of any remaining parcel or adjoining
land.
Notwithstanding the foregoing, not more than two lots and a
remainder shall be created by minor subdivision if complete development
of the remaining lot or parcel, as permitted by the Zoning Ordinance,
would require a new road or roads. Subsequent subdivision of the remaining
lot or parcel shall be accepted only as a major subdivision.
The lot to be subdivided is not part of a lot that has previously
been created by virtue of a subdivision within five years of the date
of the application.
See Plat, final.
Shall mean low- and moderate-income housing apartments located in the same structure with a commercial use as permitted under Lafayette General Ordinances Subsection 13-11.2.
Shall mean the Municipal Land Use Law as found at N.J.S.A.
40:55D-1 et seq.
Shall mean a transportable structure suitable for year-round
single-family occupancy and having water, electrical, sewage connections
similar to those of conventional dwellings.
Shall mean any parcel of land or portion thereof which is
used or offered for use as a location for one or more mobile homes.
Shall mean 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, based upon the U.S.
Department of Housing and Urban Development's (HUD's) Section 8 Income
Limits (uncapped) averaged across counties for the appropriate agency
charged with the responsibility of implementing affordable housing
in the State of New Jersey housing regions.
Shall mean housing affordable according to Federal Department
of Housing and Urban Development or other recognized standards for
home ownership and rental costs and occupied or reserved for occupancy
by households with a gross household income equal to 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 housing is
located.
Shall mean a building or series of buildings in which lodging
is offered for compensation and which is distinguished from a hotel
primarily by reason of providing direct independent access to, and
adjoining parking for, each lodging unit.
Shall mean any self-propelled vehicle designed primarily
for transportation of persons or goods along public streets or alleys
or other public ways.
Shall mean the entire lot on which there is a land area,
building or other premises used for the retail dispensing or sales
of motor fuels.
Shall mean the entire lot on which there is a land area,
building or other premises used for the servicing and repair of motor
vehicles.
Shall mean components and processes present or produced by
nature, including soil types, geology, slopes, vegetation, surface
water, drainage patterns, aquifers, recharge areas, climate, floodplains,
aquatic life, and wildlife.
Shall mean the elevation of the ground surface in its natural
state, before man-made alterations.
Shall mean materials found to exist naturally and/or have
undergone minor modification, reduction or alloying by man; which
can be reused (recycled) or are biodegradable. Such materials would
include wood, stone, brick, rapid oxidizing metals such as iron, recyclable
metals and minerals such as copper and glass and some alloys such
as tin, bronze and brass. Plastics, polyvinyl chlorides, special polymers,
aluminum, chromium, special steels and other exotic man-made or highly
refined materials are specifically and generally excluded.
See Sky glow.
Shall mean a mathematical model used to estimate the average
area required per disposal system to generate enough groundwater recharge
to dilute the nitrate in the systems effluent to acceptable levels.
Shall mean a lot, the area, dimension or location of which
was lawful prior to the adoption, revision or amendment of a zoning
ordinance, but fails to conform to the requirements of the zoning
district in which it is located by reason of such adoption, revision
or amendment.
Shall mean a structure the size, dimension or location of
which was lawful prior to the adoption, revision or amendment of a
zoning ordinance, but which fails to conform to the requirements of
the zoning district in which it is located by reasons of such adoption,
revision or amendment.
Shall mean a use or activity which was lawful prior to the
adoption, revision or amendment of a zoning ordinance, but which fails
to conform to the requirements of the zoning district in which it
is located by reasons of such adoption, revision or amendment.
Shall include but not be limited to a not-for-profit organization,
corporation, community fund or foundation organized and operated exclusively
for religious, cultural, charitable, scientific, recreational, literary,
agricultural or educational purposes.
Shall mean an offensive, annoying, unpleasant or obnoxious
thing or practice, a cause or source of annoyance, especially a continuing
or repeating invasion or disturbance of another's rights; including
the actual or potential emanation of any physical characteristics,
activity or use across a property line, which can be perceived by
or affect a human being of ordinary sensibility or the generation
of an excessive or concentrated movement of people or things such
as, but not limited to:
Dust.
Smoke.
Fumes.
Odor.
Glare.
Flashes.
Vibration.
Shock waves.
Heat.
Electronic or atomic radiation.
Objectionable effluent.
Noise or congregation of people, especially at night.
Passenger traffic.
Transportation of things by truck, rail or other means.
Invasion of non-abutting street frontage by parking.
Noise.
Accumulation of trash, refuse, litter or garbage.
Graffiti.
Shall mean any land used to raise trees, shrubs, flowers,
and other plants for sale or transplanting.
See Pre-school.
See Rest home and convalescent homes.
Shall mean a room or group of rooms used for conducting the
affairs of a business, professional service, service establishment,
or government.
Shall mean a building used primarily for offices that may
include ancillary services for office workers, such as a restaurant,
coffee shop or newspaper stand.
Shall mean an office for such activities as real estate agencies,
insurance agencies, travel agencies, credit bureaus (but not financial
institutions), abstract and title agencies or insurance companies,
stockbrokers and the like. It is a characteristic of a business office
that retail or wholesale goods are not stored, shown to or sold to
a customer. Barber shops, tanning salons, spas or beauty salons are
not business offices.
Shall mean an office used exclusively by physicians, dentists,
therapists, chiropractors and similar personnel for treatment and
examination solely on an out-patient basis.
Shall mean a map adopted in accordance with the provisions
of N.J.S.A. 40:55D-32 et seq. Such a map shall be deemed to be conclusive
with respect to the location and width of the street, public parks
and playgrounds, and drainage right-of-way shown thereon.
See Sign, off-premises.
Shall mean located outside the lot lines of the lot in question,
but within the property of which the lot is a part, which is the subject
of a development application or the closest half of the street or
right-of-way abutting the property of which the lot is a part.
See Improvements, off-site.
Shall mean not located on a property which is the subject
of a development application or on the closest half of the abutting
street or right-of-way.
Shall mean located on the lot in question and excluding any
abutting street or right-of-way.
Shall mean located on the property which is the subject of
a development application or on the closest half of an abutting street
or right-of-way.
Shall mean any parcel or area of land or water essentially
unimproved and set aside, dedicated, designated or reserved for public
or private use or enjoyment or for the use and enjoyment of owners
and occupants of land adjoining or neighboring such open space; provided
that such areas may be improved with only those buildings, structures,
streets and off-street parking and other improvements that are designed
to be incidental to the natural openness of the lands.
Shall mean an area created for recreational purposes such
as playgrounds, tennis courts, outdoor swimming pools, ball fields
and picnic areas.
Shall mean a designated area on the premises of a restaurant,
but outside the principal building, and where patrons may sit at tables
while consuming food and beverages.
Shall mean any individual, firm, association, syndicate,
copartnership, corporation or other legal entity having sufficient
proprietary interest in the land to commence and maintain proceedings
under this chapter.
Shall mean a pre-manufactured on-site waste treatment facility
designed to handle the specific needs of a specialized, small, or
remotely located waste generator.
Shall mean the extension of the main walls of a building
above the roof level often used to shield mechanical equipment and
vents.
See Lot.
Shall mean an off-street facility including parking spaces
and aisles for maneuvering developed in a way to accommodate the parking
of motor vehicles.
Shall mean an off-street space for the parking of one motor
vehicle exclusive of maneuvering areas.
Shall mean a parking space for the physically handicapped
which shall be compliant with the existing standards of the Americans
with Disabilities Act and the New Jersey Barrier Free Subcode.
Shall mean a structure or portion thereof composed of one
or more levels or floors used exclusively for the parking of motor
vehicles. A parking structure may be totally below grade (as in an
underground parking garage) or either partially or totally above grade
with those levels being either open or enclosed.
Shall mean a right-of-way or easement dedicated for public
pedestrian access.
Shall mean any security which may be accepted by the Township
as a guarantee that improvements required as part of an application
for development are satisfactorily completed.
Shall mean a written document issued by the appropriate municipal
authority empowering the permitted party or entity to perform some
act not allowable without such authority.
Shall mean services primarily involving the care of a person
or his/her personal goods or apparel such as, but not limited to,
laundry, dry cleaning, beauty and barber shops, shoe repair, funeral
services, salons, spas, health clubs, and domestic services excluding
professional services.
Shall mean vegetation that is to be planted on a site in
accordance with an approved landscape plan.
Shall mean (1) A map representing a parcel of land, showing
the boundaries and location of individual properties and streets.
(2) A map of a subdivision or a site plan.
Shall mean the final map of all or a portion of a subdivision
or site plan that is presented to the proper review authority for
final approval.
Shall mean a proposed plat, including supporting data, indicating
a proposed subdivision design or site plan, prepared by an authorized
person under N.J. State Statute in accordance with the ordinances
and regulations of the Township of Lafayette and the statutes and
regulations of New Jersey.
See Lot.
Shall mean an open sided structure attached to a building
and sheltering an entrance or serving as a semi-enclosed space.
Shall mean land and the improvements thereon.
Shall mean a facility designed to provide day-time care and
or instruction for five or more children from two to five years of
age inclusive, and operated on a regular basis and meeting minimum
State requirements.
See Structure, principal.
See Use, principal.
See Home occupation.
Shall mean a business that offers any type of service such
as, but not limited to, services which may be lawfully rendered by
certified public accountants, engineers, chiropractors, dentists,
osteopaths, physicians and surgeons, podiatrists, architects, veterinarians,
attorneys-at-law, physical or occupational therapists and insurance
agents and all other professionals licensed, registered, certified
or otherwise authorized to practice independently by New Jersey Law.
See Premises.
Shall mean:
See Public facilities.
Shall mean the land reserved or dedicated for the installation
of stormwater sewers or drainage ditches, or required along a natural
stream or watercourse for preserving the biological as well as drainage
function of the channel and providing for the flow of water to safeguard
the public against flood damage, sedimentation and erosion and to
assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, and to lessen
non-point source pollution.
Shall mean any facility, including but not limited to buildings,
property, recreation areas, and roads, which are owned, leased or
otherwise operated or funded by a governmental body or public entity.
Shall mean an open space conveyed or otherwise dedicated
to a municipality, municipal agency, Board of Education, State or
County agency, or other public body for recreational or conservation
uses.
See Institutional use.
Shall mean any public utility regulated by the Board of Regulatory
Commissioners and defined pursuant to N.J.S.A. 48:2-13.
Shall mean a building or structure used or intended to be
used by any public utility, including but not limited to any gas treatment
plant, reservoir, tank or other storage facility, water treatment
plant, well, reservoir, tank, or other storage facility; electric
generating plant, distribution, or transmission substation; telephone
switching or other communications plant, earth station, or other receiving
or transmission facility; any storage yard for public utility equipment
or vehicles, and any parking lot for parking vehicles or automobiles
to serve a public utility.
Shall mean telephone or telegraph systems, plant or equipment;
electric power plants, substations or equipment; cable television,
plant antenna and transmission facilities; water company wells, storage
facilities and pumping equipment; and gas transmission pumping stations,
for public use or to provide services to the public, excluding actual
transmission lines.
Shall mean any street, alley, pedestrian walkway, pathway,
channel, viaduct, bridge, easement, right-of-way, or other way in
which the public has a right of use.
Shall mean a portable structure, or a wheel-based structure
built on a chassis, which is self-propelled or designed to be transported
by traction or carried on a self-propelled vehicle, and which is designed
and intended to be used as a temporary dwelling for travel, recreation
or vacation purposes. The term "recreational vehicle" shall include
the following:
TRAVEL TRAILERA wheel-based vehicle built on a chassis designed to be hauled by traction which has a body width not exceeding eight feet and a body length not exceeding 24 feet.
PICKUP COACHA structure designed primarily to be mounted on a pickup or truck chassis and for use as a temporary dwelling for travel, recreational, and vacation uses.
MOTORIZED HOMEA temporary dwelling designed and constructed as an integral part of a self-propelled vehicle. (See also Trailer.)
TENT CAMPERA trailer with a built-in or attached tent designed and equipped to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
Shall mean the removal and replacement, rehabilitation or
adaptive reuse of an existing structure or structures, or of land
from which previous improvements have been removed and which may include
construction of residential, commercial, industrial, public, or other
uses as well as provisions for streets, parks, open space and other
public facilities.
Shall mean a system that engages in the production of electric
energy from solar technologies, photovoltaic technologies, or wind
energy.
[Ord. No. 2015-17 § 1]
Shall mean an establishment where food and beverages are
prepared primarily for table service. No food shall be served at a
drive-through window.
Shall mean restaurants where customers order and are served
their food at a counter in packages prepared to leave the premises
or to be taken to a table for consumption. No food shall be served
from a drive-through window.
Shall mean a home for the aged or infirm in which three or
more persons not of the immediate family are received, kept, or provided
food and shelter for compensation; but not including hospitals. The
home must have all necessary licenses and approvals from the State
and have no greater than semi-private room occupancy.
Shall mean (a) the further division or relocation of lot
lines of any lot or lots within a subdivision previously made and
approved or recorded according to law, or (b) the alteration of any
streets or the establishment of any new streets within any subdivision
previously made and approved or recorded according to law, but does
not include conveyances so as to combine existing lots by deed or
other instrument.
Shall mean establishments engaged in selling goods in small
quantities to the ultimate consumer or customer.
Shall mean a use devoted exclusively to the retail sale of
goods. The total enclosed area for such a use shall not exceed 4,000
square feet.
Shall mean establishments providing services or entertainment,
as opposed to the sale of products, to the general public for personal
or household use, including restaurants, fast food, hotels and motels,
financial institutions, real estate and insurance offices, personal
services, theaters, amusement and recreation services, health, education
and social services, museum and galleries.
Shall mean a retail establishment with up to 5,000 square
feet selling primarily food products, household items, newspapers
and magazines, candy and beverages, and a limited amount of freshly
prepared food such as sandwiches and salads for off-premises consumption.
Shall mean the line of maximum elevation that connects the
crests along the range of hills within the Ridgeline and Hillside
Viewshed Protection Area, as indicated on the current Lafayette Township
Zoning Map. For the purpose of this section, the ridgeline is also
defined as a line along a hillside, which when viewed from any public
way or public areas or public open space appears to be the highest
elevation of the hill or chain or line of hills above 640 feet elevation
and represents a line marking or following that ridge top as it appears
when viewed from these public areas.
Shall mean the area within the Ridgeline and Hillside Viewshed
Protection Overlay Zone located between elevation 640 feet and the
Ridgeline, or between elevation 640 feet and an edge of the side of
a hill or hilltop plateau, where there is one, or between elevation
640 feet and that point of the hill chain or line of hills which appears
to be the highest elevation when viewed from the public way and/or
public areas or public open space. The ridgeline and hillside viewshed
protection area shall also include all lands within 100 feet of the
mapped ridgeline and hillside viewshed protection area.
Shall mean a strip of land acquired by reservation, dedication,
prescription or condemnation and intended to be occupied by a street,
crosswalk, railroad, electric transmission lines, oil or gas pipeline,
waterline, sanitary storm sewer, or other similar uses.
Shall mean a temporary structure not permanently affixed
to the ground and is readily removable in its entirety. No roadside
stand will be more than 300 square feet in ground area and there shall
not be more than one roadside stand on any one premises.
Shall mean a portion of a public road right-of-way on which
travel is conducted.
See Habitable room.
See Boarder.
See Boarding house.
Shall mean any building or part thereof that is designed,
constructed or used for nonprofit educational instruction in any branch
of knowledge, but not a child care center.
Shall mean any store selling previously used merchandise
such as clothing, household furnishings or appliances and sports or
recreational equipment but does not include antique shops.
Shall mean a building or group of buildings containing separate,
individual and private storage spaces of varying sizes available for
lease or rent for varying periods of time with no outdoor storage.
Shall mean a room designed for and occupied by no more than
two persons in a rest home or convalescent home.
Shall mean a subsurface wastewater system consisting of a
settling tank and a subsurface disposal field and subject to the requirements
of N.J.A.C. 7:9A.
Shall mean any establishment whose primary activity is the
provision of assistance, as opposed to products, to individuals, business,
industry, government, and other enterprises.
See Motor vehicle service station.
See Building line.
Shall mean a joint utilization of a parking area for more
than one use in a zone or district in which more than one use per
lot is permitted.
Shall mean a group of permitted retail sales and permitted
retail service establishments, planned, constructed and managed as
a total entity, with (a) customer and employee parking provided on
site, (b) provision for goods delivery separated from customer access,
(c) aesthetic considerations, (d) landscaping and signage in accordance
with an approved plan, and (e) safe pedestrian walkways.
Shall mean the distance of clear sight required in the alignment
of streets, roads and driveways.
Shall mean an area of land at the intersection of streets,
or street and a driveway, within which nothing may be erected, planted,
placed, or allowed to grow in a manner which will obstruct the vision
of a motorist entering or leaving the intersection or driveway.
Shall mean any device (including but not limited to letters,
words, numerals, figures, emblems, pictures, or any part or combination
thereof) used for visual communication intended to attract the attention
of the public and visible to the public right-of-way or other properties.
The term "sign" shall include flags or sign banners used for promotional
purposes.
Shall mean a sign typically mounted on an A-frame with copy
on both sides, directing attention to products sold or services supplied.
Shall mean a sign illuminated with an internal source of
light that shines through a translucent surface.
Shall mean a sign of lightweight fabric or similar nonrigid
material that is mounted with no enclosing framework.
Shall mean any sign not affixed to a building and that is
not a portable sign.
Shall mean the vertical distance measured from the lowest
adjacent grade to the highest point of the sign or sign structure.
Shall mean digital signage that uses Light Emitting Diode
(LED) screens as the digital display where content is displayed as
an image.
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
and is designed to conform to the applicable design standards.
Shall mean any sign that uses neon, argon, or any similar
gas to illuminate transparent or translucent tubing or other materials,
or any use of neon, argon, or similar gas lighting which is readily
visible from the outside of a building.
Shall mean a sign advertising a use, facility, service, or
product that is not located, sold, or manufactured on the same premises
as the sign.
Shall mean a freestanding sign that is fixed, attached or
erected on a pole that is not itself an integral part of, or attached
to, a building or structure.
Shall mean a temporary sign presenting information expressing
support for or opposition to a candidate or candidates for public
office, a political party, or ballot measure, presenting an issue
to be voted upon, or pertaining to protected speech or an upcoming
election.
Shall mean a sign other than a wall sign that is attached
to or projects more than eight inches from a building face or wall
or from a structure whose primary purpose is other than the support
of a sign.
Shall mean a sign erected, constructed, maintained, and/or
mounted on or over the roof of any building, principally supported
by the roof of the building.
Shall mean a temporary sign acknowledging that a business
was the recipient of a formal award or noteworthy achievement.
[Ord. No. 2017-14 § 1]
Shall mean the supports, uprights, bracing, or framework
of any structure exhibiting a sign, be it single-faced, double-faced,
or V-type or otherwise.
Shall mean a sign that is temporary in nature, is not permanently
attached to the ground or a structure or other sign surface, and is
used for special events such as, but not limited to, grand openings,
seasonal sales, liquidations, going out of business sales, and promotions.
Shall mean a sign that is any manner affixed to any exterior
wall of a building or structure and that projects no more than eight
inches from the building or structure wall, including signs affixed
to architectural projections from a building provided the copy area
of such signs remains on a parallel plane to the face of the building
facade or to the face or faces of the architectural projection to
which it is affixed.
Shall mean a sign that is applied to or attached to the exterior
or interior of a window or placed within three feet of an exterior
window, but excludes merchandise in a window display.
Shall mean a tall cylindrical structure utilized for storage,
related to agricultural uses only.
Shall mean the development and/or maintenance of a forest
or wooded preserve.
Shall mean ownership by one person or ownership by two or
more persons jointly as joint tenants, as tenants by the entirety
or as tenants in common of a separate lot not adjacent to land in
the same ownership.
Shall mean a development plan of one or more lots on which
is shown: (1) the existing and proposed conditions of the lot, including
but not necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways, (2) the location of all existing and proposed
buildings, drives, parking spaces, walkways, means of ingress and
egress, drainage facilities, utility services, landscaping, structures
and signs, lighting, screening devices, and (3) any other information
that may be reasonably required in order to make an informed determination
pursuant to an ordinance requiring review and approval of site plans
by the County Planning Board adopted pursuant to N.J.S.A. 40:55D-37
et seq.
Shall mean a wind energy conversion system consisting of
a wind generator, a tower, and associated control or conversion electronics,
which has a rated capacity consistent with applicable provisions of
the State Uniform Construction Code Act, N.J.S.A. 52:27D-119, et seq.
and technical bulletins issued pursuant to N.J.S.A. 40:55D-66.13,
and which will be used primarily for on-site consumption.
[Ord. No. 2015-17 § 1]
Shall mean the brightening of the night sky attributable
to man-made sources of light resulting in light pollution that reduces
the ability to view the nighttime sky, interferes with the viewing
of astrological events and causes an adverse impact on wildlife and
nocturnal ecosystems.
A solar energy system, whose solar production is shared by
off-site members of the system and who currently obtain their electricity
from the utility in which the community solar system is located, as
intended by N.J.S.A. 48:3-87.11 and the NJ Community Solar Energy
Pilot Program, N.J.A.C. 14:8-9.1 et seq., either roof- or ground-mounted,
which occupies a maximum area of one acre, and which system shall
be no larger than 50kW in size, and shall be permitted as an accessory
use on the same lot as a principal use or as a principal use in all
districts, subject to the requirements of this chapter.
[Added 7-2-2019 by Ord.
No. 2019-09]
Shall mean all unconsolidated mineral and organic material
of any origin.
Shall mean radiant energy (direct, diffuse, and reflected)
received from the sun.
[Ord. No. 2015-17 § 1]
Shall mean any system or device which converts solar energy
into a usable electrical energy, heats water or produces hot air or
other similar function through the use of solar panels or collectors.
It shall include panels, generators and all associated equipment,
including any base, foundation, structural support, wire(s), batteries
or other components necessary to fully utilize the solar energy.
[Ord. No. 2015-17 § 1]
Shall mean one or more receptive cells, the purpose of which
is to convert solar energy into usable electrical energy, heat water,
or produce hot air or perform any other similar function by way of
a solar energy system.
[Ord. No. 2015-17 § 1]
Shall mean a combination of solar panels, including those
which are ground and/or roof mounted.
[Ord. No. 2015-17 § 1]
Shall mean the needs of people with physical or mental disabilities.
Shall mean a retail store specializing in a specific range
of merchandise and related items and catering to a specific market.
See Floor area.
See Roadside stand.
See Retail sales establishment.
Shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted to
the subsurface, or is captured by separate storm sewers or other sewage
or drainage facilities, or conveyed by snow removal equipment.
Shall mean that portion of a building included between the
upper surface of a floor and the upper surface of the floor or roof
next above.
Shall mean any story having its finished floor surface entirely
above grade plane, except that a basement shall be considered as a
story above grade plane where the finished surface of the floor above
the basement meets any one of the following:
Shall mean a space under a sloping roof which has the line
of intersection of roof decking and wall face not more than three
feet above the top floor level, and in which space the possible floor
area with a head room of five feet or less occupies at least 40% of
the total area of the story directly beneath.
Shall mean the vertical distance from top to top of two successive
tiers of beams or finished floor surfaces; and, for the topmost story,
from the top of the floor finish to the top of the ceiling joists
or, where there is not a ceiling, to the top of the roof rafters.
Shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive or other way (a) which is an existing State, County
or municipal roadway, or (b) which is shown upon a plat heretofore
approved pursuant to law, or (c) which is approved by official action
as provided in the Lafayette Township Code, or (d) which is shown
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
compromise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines.
Shall mean the dividing line between the street and the lot.
The street line shall be the same as the legal right-of-way.
Shall mean trees planted along any public and/or private
street.
Shall mean a combination of materials to form a construction
for occupancy, use or ornamentation whether installed on, above, or
below the surface of a parcel of land.
Shall mean a structure in which is conducted the principal
use of the lot on which it is located.
Shall mean any individual, firm, partnership, association,
corporation, estate, trust, or any other group or combination, acting
as a unit, dividing or proposing to divide land so as to constitute
a subdivision, as defined herein and including any agent of the subdivider.
Shall mean the division of a lot or parcel of land into two
or more lots, parcels or other subdivisions of land for sale or development.
The following shall not be considered subdivisions within the meaning
of this Act if no new streets are created:
Divisions of land found by the Land Use Board or subdivision
committee thereof 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 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 or parcels on the Tax Map of the municipality.
|
The term "subdivision" shall also include the term resubdivision.
|
See Plat, final or Plat, preliminary.
See Septic system.
Shall mean permanent housing for homeless persons or person
at risk of homelessness who may be men, women, youth or families who
earn less than 20% of median income as determined by the sponsoring
agency and have chronic mental and/or physical illnesses that require
linked support services.
Shall mean water at or above the land's surface which is
neither groundwater nor contained within the unsaturated zone, including,
but not limited to, the ocean and its tributaries, all springs, streams,
rivers, lakes, ponds, wetlands, and artificial water bodies.
Shall mean a low lying or depressed land area, which can
function as an intermittent drainage way.
Shall mean the height above grade of the renewable energy
system.
[Ord. No. 2015-17 § 1]
Shall mean a committee consisting of one or more persons
organized to review applications for development.
Shall mean a large rectangular block made from cast concrete,
such as Portland cement and aggregate, usually sand and fine gravel
in the case of blocks.
Shall mean concrete slabs created by assembling forms and
pouring large slabs of concrete directly on site. The panels are raised
into position around the building's perimeter forming the exterior
walls.
Shall mean a motor vehicle specifically designed or equipped
to haul or pull any wheeled vehicle licensed to go upon public roads
or highways.
Shall mean a wheel-based vehicle that is designed to be transported
by traction.
See Mobile home park.
Shall mean a premises which is used for the temporary parking
of motor freight or cargo vehicles between trips and for the transfer
of freight or cargo between trucks or between trucks and rail facilities
for shipment elsewhere and where the storage of freight or cargo is
only temporary, and which also may contain facilities for dispensing
motor fuels.
Shall mean land that does not include environmentally sensitive
areas or environmentally critical areas.
Shall mean the specific purpose for which land or building
is designed, arranged, intended, or for which it is or may be occupied
or maintained. If a use is not provided for in the Zoning Ordinance,
it is prohibited.
Shall mean a use naturally and normally incident and subordinate
to the principal use of the structure or lot and located on the same
lot as the principal use to which it relates.
Shall mean a use permitted in a particular zoning district
only upon a showing that such use in a specific location will comply
with the conditions and standards for the location or operation of
such use as contained in the Zoning Ordinance and upon the issuance
of an authorization therefor by the Land Use Board.
Shall mean the primary use of the premises of which there
can only be one.
Shall mean permission to depart from the actual or literal
requirements of this chapter as provided for in the Municipal Land
Use Law (N.J.S.A. 40:55D §§ 40, 60 and 70).
Shall mean a straight line measuring the line of sight between
any public view, public road, public area, and or the public way and
the ridgeline and hillside viewshed protection area.
Shall mean permission to depart from the requirements of
an ordinance with respect to the submission of required documents.
Shall mean a building used for the storage of goods, materials
or merchandise for later or subsequent distribution or delivery elsewhere
for purposes of processing or sale.
Shall mean the physical infrastructure on an individual lot,
including but not limited to a domestic well, pumps, and water lines,
that is operated and maintained to deliver water to any structure
or for any use upon the lot, subject to the approval of health and
sanitation offices having jurisdiction.
Shall mean an area that is inundated or saturated by surface
water or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances does support, a prevalence of
vegetation typically adopted for life in saturated soil conditions,
commonly known as hydrophytic vegetation as classified pursuant to
N.J.D.E.P regulation.
Shall mean an establishment or place of business primarily
engaged in selling and/or distributing merchandise to retailers; to
industrial commercial, institutional, or professional business users,
or other wholesalers; or acting as agents or brokers and buying merchandise
for, or selling merchandise to, such individuals or companies.
Shall mean animals or plants existing in their natural habitats.
Shall mean retaining walls located adjacent to the foundation
of a building, either as an independent wall or an integral component
of the foundation wall.
Shall mean an open space at grade between a building and
the adjoining lot lines, unoccupied and unobstructed by any portion
of a structure from the ground upward, except as otherwise provided
herein. In measuring a yard for the purpose of determining the width
of a side yard, the depth of a front yard, or the rear yard, the minimum
horizontal distance between the lot line and any buildings shall be
used.
FRONT YARDA yard, unoccupied, except by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the abutting street line and the nearest part of the principal structure on the lot. On corner lots, a front yard shall abut each of the street frontages.
SIDE YARDA yard, unoccupied, except by a use as hereinafter specifically permitted, extending from the front yard to the rear yard of a lot and lying between the side lot line and the nearest part of the principal structure on the lot.
REAR YARDA yard, unoccupied except by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the rear lot line and the nearest part of the existing or proposed principal structure on the lot. If there is no rear lot line, as in the case of a triangular shaped lot, or if there is doubt as to determination of rear yard measurement, the rear yard requirement of this chapter shall be construed as conforming provided there can be drawn entirely within the property a rectangle formed by the rear line of the existing or proposed principal building, the extension of the sidelines of the principal building toward the rear of the principal building and a line connecting said extended building side lines, which rectangle shall have an average depth measured from the rear of the building equal to at least the required minimum rear yard. In no event shall the principal building be located closer to the property line at any point other than the minimum side yard requirement.
Shall mean a document signed by the administrative officer
(1) which is required by ordinance as a condition precedent to the
commencement of the use or the erection, construction, reconstruction,
alteration, conversion or installation of a structure or building,
and (2) which acknowledges that such use, structure or building complies
with the provisions of the municipal zoning ordinance or variance
therefrom duly authorized by a municipal agency pursuant to N.J.S.A.
40:55D-60 and 70.
[Ord. No. 2012-06 § 13-6.1]
No building shall hereafter be erected and no existing building
shall be moved, structurally altered, added to or enlarged, rebuilt
nor shall any land be used for any purpose other than those included
among the uses listed as permitted uses in each zone by this chapter
and meeting the requirements as herein set forth. Nor shall any open
space contiguous to any building be encroached upon or reduced in
any manner, except in conformity to the yard, lot area, building location,
percentage of lot coverage, parking space, and such other regulations
of this chapter for the zone in which such building or space is located.
In the event of any such unlawful encroachment or reduction, such
building shall be deemed to be in violation of the provisions of this
chapter.
[Ord. No. 2012-06 § 13-6.2]
Every principal building shall be built upon a lot with frontage
upon a street improved to meet the Township's standards. A lot used
for a dwelling unit may contain only one principal structure and every
principal structure shall be built upon a lot with frontage upon a
street approved and maintained by the Township, County or State.
[Ord. No. 2012-06 § 13-6.3]
See Subsection 12-7.2b.
[Ord. No. 2012-06 § 13-6.4; Ord. No. 2014-10 § 4]
a.
An accessory structure attached to or abutting the main structure
shall not be erected, nor shall an accessory use be permitted, prior
to the construction of the main structure, or the establishment of
the principal use, upon the lot.
b.
Location. An accessory structure may be erected in rear and side
yards only and shall be set back from side and rear lot lines as prescribed
in each zone, except that if erected on a corner lot, the accessory
structure shall be set back from the street to comply with the setback
line applying to the principal structure for that side street and
except further that no poultry or livestock shelter (excluding dog
runs or other shelters for household pets) shall be erected closer
than 50 feet to any other property line.
c.
Residence Prohibited. No accessory structure shall be used or occupied
for residence purposes.
d.
Except as otherwise provided in this chapter, a display of products
or services rendered, signboard or advertising sign of any nature
shall in no case be permitted as an accessory use, or part thereof.
Any such signs, advertising, etc., which are permitted, shall conform
with all requirements and regulations of any present and/or subsequent
ordinances of the Township regulating the use of signs.
e.
Height Restriction. A detached accessory structure shall not exceed
20 feet in height, except structures connected with agricultural use.
[Ord. No. 2012-06 § 13-6.5]
Corner lots shall meet the minimum front yard requirements for
the respective zone for both intersecting streets.
[Ord. No. 2012-06 § 13-6.6]
No yard or other space provided about any buildings for the
purpose of complying with the provisions of the chapter shall be considered
as providing a yard or open space for any other building, and no yard
or other open space on another lot shall be considered as providing
a yard or open space for a building on any other lot.
[Ord. No. 2012-06 § 13-6.7]
At the intersection or interception of two or more streets,
no hedge, fence or wall higher than two feet above curb level, nor
any obstruction to vision, between the height of two to 10 feet above
the curb level other than a post or a tree, shall be permitted within
the triangular area formed by the intersecting street lines and straight
line joining the street lines at points which are 25 feet distant
from the point of intersection measured along the street line or such
distance as recommended by the Township Engineer to insure traffic
safety.
[Ord. No. 2012-06 § 13-6.8]
The height limitations of this chapter shall not apply to chimneys,
silos, church spires, cupolas, standpipes, flagpoles, residential
television and radio antennas which are not mounted on or connected
to a private radio tower, or water tanks and similar structures and
necessary mechanical appurtenances for the zone in which the building
is located provided that no such exceptions, when connected to and
a part of a principal building, shall cover at any level more than
10% of the area of the roof on which it is located. All such items
in excess of height regulations shall be set back from the property
line at least a distance equal to their height.
[Ord. No. 2012-06 § 13-6.9]
When planning the development of land within the Township, conservation
of existing resources on the tract, e.g., trees and water, as well
as maximizing solar access and passive solar construction as provided
for in the Township's Renewable Energy Ordinance is highly encouraged.
[Ord. No. 2012-06 § 13-6.10]
Commercial and industrial uses in the VC, HC and LI Zones may
display goods for sales purposes provided that such outdoor selling
shall not encroach upon any of the required parking areas or required
yard areas for the zone in which located. In the calculation of the
percentage of the lot occupied by buildings and required parking areas,
the outdoor selling area shall be included in the same manner as the
area for the principal building.
[Ord. No. 2012-06 § 13-6.11]
Any use not specifically permitted in a zoning district established
by this chapter is hereby specifically prohibited from that district,
and the following uses and activities are specifically prohibited
in the Township.
a.
Carousel, roller coaster, ferris wheel, or train rides, outdoor concerts,
exhibitions, midways, sideshows and similar outdoor commercial recreation
facilities other than on a temporary basis granted by permit from
the Township Committee.
b.
Junkyards, automobile wrecking or disassembly yards, the sorting
or baling of scrap metal, paper, rags or other scrap of waste material
except under the Township's Recycling Ordinance.
c.
Outdoor drive-in theaters.
d.
Sanitary landfills, resource recovery facilities and site used to
dispose of sewage collected from septic systems.
e.
Wholesale establishments, warehouses, warehouse sites including disposal
sites which wholesale, warehouse, sell or store any of the following
substances:
1.
Oil sludge, oil refuse, oil mixed with other wastes and crude oils.
2.
All pesticides designated as "prohibited," "restricted" or "specially
restricted" pursuant to the New Jersey Pesticide Control Act of 1971
(N.J.S.A. 13:1F1 et seq., as amended) and N.J.A.C. 7:30-1.5 through
1.7.
3.
Substances identified as hazardous by the Federal Environmental Protection
Agency at 40FRS9961, December 30, 1975 pursuant to section 311 Ib
(2) (a) of the Federal Water Pollution Control Act Amendments of 1972
53USC 1251 et seq. as amended.
4.
Explosives, acids, plastics which generate toxic fumes when ignited,
halogenated hydrocarbons and their derivatives, fireworks, radioactive
materials and other dangerous, hazardous or toxic materials.
f.
Sales from motor vehicles or wheeled vehicles of food items, beverages, or any other merchandise either within the right-of-way of any public road or any private property, unless a permit is obtained for vehicle sales of food items and beverages, on private property only, in accordance with Township Code § 4-1.1 et seq., related to public gatherings.
[Amended 3-5-2019 by Ord. No. 2019-04]
g.
Mobile home parks.
h.
All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in section 3 of P.L. 2021, c. 16, with the exception of: Class 1, Class 2, Class 3, and Class 4 licensed establishments shall be permitted in the LI zone per Section 13-13.1j; Class 1 and Class 2 licenses previously authorized in the R5 zone as a conditional use pursuant to Section 13-8.2h subject to the requirements of Ordinance 13-14b9; and Class 6 licenses within all zones in line with New Jersey state statutes or administrative code regulations to be adopted by the Cannabis Regulatory Commission governing that license class.
[Added 5-18-2021 by Ord.
No. 2021-12]
[Ord. No. 2012-06 § 13-6.12]
Any vehicle containing advertising matter intended to promote
an interest of any business or any commercial vehicle used in connection
with any business or commercial activity, shall not be parked, stored
or maintained in any residential zone except in compliance with the
following conditions:
a.
Not more than one commercial vehicle per dwelling unit shall be kept
on a lot.
b.
The vehicle shall not exceed a curb weight of 12,000 pounds. No box
trucks, semis, tractor trailers or buses shall be permitted.
c.
The vehicle is parked in the driveway.
d.
The vehicle is used by a resident of the dwelling unit.
e.
The vehicle is not parked on the street.
f.
This subsection shall apply to all vehicles which are customarily
considered commercial vehicles, whether or not such vehicles shall
carry a commercial registration.
[Ord. No. 2012-06 § 13-6.13]
Recreational vehicles, boats, snowmobiles and trailers may be
parked in any residential zone subject, however, to the following
restrictions and regulations:
a.
All parking or storage shall be in the side or rear yard areas only
and shall meet the requirements applicable to accessory structures
for the zone in which they are located, with respect to setback requirements.
b.
The area, exclusive of garage area, that may be used for storage
of such recreational vehicles shall not exceed 7% of the total lot
area or 320 square feet, whichever is less.
c.
Parking provided for and utilized by recreational vehicles shall
be in addition to any other parking provisions required by this section.
d.
Such vehicles must be owned by the resident of the single-family
dwelling unit and occupancy of such parked vehicle shall be prohibited.
[Ord. No. 2012-06 § 13-6.14]
There shall be no more than one principal structure on each
lot in any residence district, except that any farm structures shall
not be considered a second principal structure.
[Ord. No. 2012-06 § 13-6.14A]
There shall be no more than one principal use per lot in all
zones except where expressly permitted by ordinance.
[Ord. No. 2012-06 § 13-6.15]
No dwelling unit shall hereafter be erected, constructed, placed,
altered or enlarged which shall be like or substantially like any
neighboring building then in existence or for which a building permit
has been issued if said neighboring building is within 600 feet of
the building to be erected, constructed, placed, altered or enlarged
and faces on the same street. End-to-end reversal of house plans or
roofline changes alone shall not render a dwelling unit substantially
unlike a neighboring building to allow its construction, placement,
alteration or enlargement within the prohibited distance above set
forth.
[Ord. No. 2012-06]
The installation, or construction of a private radio tower or
the modification of an existing private radio tower shall be subject
to the following conditions:
a.
The tower height of a private radio tower shall not exceed 65 feet,
unless the tower is mounted on the roof of a building or structure
within the residential zone, in which case the tower shall not exceed
10 feet beyond the highest portion of the building or structure it
is attached to.
b.
A private radio tower shall have attached to it no more than five
antennas.
c.
A building permit shall be required prior to the installation or
construction of a private radio tower, as well as increasing the height
of an existing private radio tower.
d.
Applications for a building permit for a private radio tower shall
be made upon such forms as prepared by the Township of Lafayette and
shall have attached thereto the items listed below. This application
shall be submitted to the Construction Official. The plan need not
be prepared and sealed by a licensed engineer. However, upon review
by the Township of Lafayette, the Township may require resubmission
of a plan prepared and sealed by a licensed engineer. The items to
be included on the form are:
e.
All private radio towers must be constructed from one of the following
materials: Aluminum, galvanized steel, or equally weather resistant
steel. All ground mounted private radio towers exceeding 35 feet in
height shall be mounted in concrete, or erected in such a manner so
as to be able to withstand a minimum wind velocity of 80 m.p.h. (impact
pressure of 25 pounds per square foot). A private radio tower may
be bracketed to the principal structure, so long as the requirements
of this subsection are satisfied.
f.
All private radio towers shall satisfy the electrical requirements
as set out by the National Electric Code.
g.
A private radio tower shall not be erected in the front yard of any
lot.
h.
A private radio tower shall not be erected in the side yard or rear
yard of any lot unless the setback from any lot boundary line shall
be equal to or greater than the actual height of the tower.
i.
A private radio tower shall only be erected on a lot that contains
the principal structure.
j.
A private radio tower shall only be designed for use by the residents
of the principal structure. However, this requirement shall not prohibit
another licensed operator from using the radio equipment in the principal
structure with the consent of the owner.
k.
No lot may contain more than one private radio tower.
l.
To the extent possible, every private radio tower shall be placed
so it is screened by natural growth on the lot in order to minimize,
to the greatest extent possible, visibility from any adjacent property
or street.
m.
Power control and coaxial cables to and from the private radio tower
shall be underground conduit complying with the applicable codes requirements.
Any feed line for a wire antenna requiring an open wire feed line
may be connected to and from the tower above ground. All such above
ground connections shall comply with applicable code requirements.
[Ord. No. 2015-17 § 2; Ord. No. 2017-12 §§ 1—3]
a.
Purpose.
[Amended 7-2-2019 by Ord. No. 2019-09]
1.
The primary purpose of a renewable energy system shall be to provide
power for the principal use of the property whereon said system is
to be located and shall not be for the generation of power for commercial
purposes, although this provision shall not be interpreted to prohibit
the sale of excess power generated from time to time from a renewable
energy system designed to meet the energy needs of the principal use.
For the purposes of this chapter, the sale of excess power shall be
limited, so that in no event is a renewable energy system generating
more energy for sale than what is otherwise necessary to power the
principal use on the property.
2.
A small community solar system shall also be a permitted purpose
of a renewable energy system.
b.
Applicability. Small wind energy and solar energy systems shall be
permitted as an accessory use on the same lot as the principal use
in all districts, and small community solar systems shall be permitted
as a principal or accessory use in all districts, subject to the requirements
of this section. Renewable energy systems shall be a permitted use
on any lots comprising 20 or more contiguous acres owned by the same
person or entity within the LI Light Industry and EI Extractive Industry
Districts. This subsection shall not apply to roof-mounted solar energy
systems which systems and equipment extend 12 inches or less beyond
the roofline or highest point of the roof structure on which the system
is located. This subsection shall also not apply to ground-mounted
solar energy systems that consist of 10 or fewer panels, and are situated
more than 50 feet from the nearest property boundary line.
[Amended 7-2-2019 by Ord. No. 2019-09]
c.
Design and Installation. Renewable energy systems shall comply with
the accessory structure restrictions contained in the zoning district
where the system is located, unless otherwise set forth below:
1.
The systems shall conform to all current industry standards, including
the National Electric Code as adopted by the NJ Department of Community
Affairs.
2.
All exterior electrical, utility and/or plumbing lines must be buried
below the surface of the ground and be placed in a conduit. All electrical,
utility and/or plumbing lines leading down the side of a structure
from rooftop installations shall be installed and maintained as aesthetically
as possible.
3.
Renewable energy systems that connect to the electric utility shall
comply with the applicable interconnection standards for Class I Renewable
Energy Systems, as may be amended.
4.
The systems shall not be used for displaying any advertising except
for reasonable identification of the manufacturer or operator of the
system. In no case shall any identification be visible from a lot
line.
5.
The design of renewable energy systems shall, to the extent reasonably
possible, use materials, colors, textures, screening and landscaping
that will blend the system into the natural setting and existing environment.
6.
The installation of a wind or solar energy system shall conform to
the extent applicable to the Uniform Construction Code, as amended,
and is subject to all local utility company requirements for interconnection.
d.
Setbacks and Height Restrictions.
1.
A renewable energy system must comply with all requirements for accessory buildings for the zoning district where the system is to be installed, unless otherwise set forth in Subsection 13-6.17.
[Ord. No. 2017-12 § 1]
2.
When a building or cabinet is necessary for storage cells or related
mechanical equipment, it must be documented as to the necessity. The
building may not exceed 120 square feet in area nor 15 feet in height
and must be located at least the number of feet equal to the accessory
building setback requirements of the zoning district from any lot
line. Any mechanical equipment associated with and necessary for operation,
including any building or cabinet for batteries and storage cells,
shall be equipped with a functioning lock and posted with a small
sign notifying the existence of renewable energy system equipment
on the outside of the building or cabinet, in order to notify emergency
personnel.
e.
Abandonment. A renewable energy system that is out of service for
a continuous 12-month period shall be deemed abandoned. The Municipal
Zoning Officer may issue a notice of abandonment to the owner of an
abandoned renewable energy system. The owner shall have the right
to respond to the notice of abandonment within 30 days from the receipt
date. The Municipal Zoning Officer shall withdraw the notice of abandonment
and notify the owner that the notice has been withdrawn if the owner
provides the Municipal Zoning Officer with information demonstrating
the renewable energy system has not been abandoned. If the renewable
energy system is determined to be abandoned, the owner of the renewable
energy system shall remove the system at the owner's sole expense
within three months of receipt of notice of abandonment. If the owner
fails to remove the renewable energy system, the Township may pursue
a legal action to have the system removed at the owner's expense.
f.
Solar Energy Systems. Solar energy systems shall not be permitted in a front yard, and shall be located so that any glare is directed away from an adjoining property. Solar panels shall not add, contribute to or be calculated to cause an increase in impervious surface coverage or ratio of any lot. All solar energy systems shall comply with the accessory structure setbacks and the requirements of Subsection 13-6.4.
[Ord. No. 2017-12 § 2]
1.
Rooftop Solar Panels. Solar panels shall be permitted as a rooftop
installation in any zoning district. The solar panels shall not exceed
a height of 12 inches above the highest point of the roof structure.
In no event shall the placement of solar panels result in a total
height, including building and panels, greater than one foot in excess
of what is permitted for the principal structure in the zoning district
in which they are located. Panels installed in a rooftop configuration
must be installed within the actual boundaries or edges of the roof
area and cannot overhang any portion of the edge of roof. Solar panels
installed in a rooftop configuration should be installed on the rear
roof area to the extent possible.
2.
Ground-Mounted Solar Panels. Ground-mounted solar panels shall be
considered accessory structures. Ground-mounted solar panels are to
provide buffering sufficient to protect Township interests and the
interests of adjoining neighbors and the neighborhood in general.
The accessory setbacks as required by the applicable zone shall
be required between any ground-mounted solar panel and any lot line.
Ground-mounted solar panels shall not exceed a height of 15 feet.
Ground-mounted solar panels, to the extent possible, shall not
be visible from the public traveled way (public roads, trails, navigable
waterways, scenic highways and byways), publicly owned properties,
open space, preserved farmland and historic resources, including sites
and buildings listed or eligible for listing on the State and National
Registers of Historic Places. To the extent achievable, solar panels
shall be sited using the natural topography to screen the various
components of the energy system from public view and the view of any
adjoining residences.
(a)
Development Review Requirements and Procedures for Ground-Mounted
Solar Panels.
Applicants for zoning permits and/or building permits of ground-mounted
solar panels where no approvals from the Land Use Board are required
shall initially apply for a Ground-Mounted Solar Panel Certificate
of Compliance of Buffering to determine whether sufficient buffering
is provided. The applicant shall utilize a plan or sketch to identify
the type of ground-mounted solar panels proposed, and detail the proposed
buffer treatments as required below. All determinations concerning
buffering of ground-mounted solar panels shall be made by the Township
Zoning Officer.
A certificate of compliance shall be issued by the Zoning Officer
to document that the proposed ground-mounted solar panels meet the
requirements of this section for buffering. The Certificate of Compliance
shall be required as a condition for the issuance of a building permit
for all renewable energy systems.
Where it is clearly demonstrated to the satisfaction of the Township Zoning Officer, on a sketch or plan as required in this section, that the proposed ground-mounted solar panels: 1) will not negatively impair the visual character of the area; 2) the proposed development does not involve subdivision, site plan, conditional use, variance or other Land Use Board approval; and 3) the proposed development complies with the general requirements and design requirements, standards and limitations set for in Subsection 13-6.17, a Ground-Mounted Solar Panel Certificate of Compliance may be administratively issued by the Zoning Officer.
If an application for ground-mounted solar panels does not comport
with the requirements of this section, an application shall be made
to the Lafayette Township Land Use Board.
The fees for an application for a Ground-Mounted Solar Panel Certificate of Compliance from the Township Zoning Officer, and the fees for an application to the Lafayette Township Land Use Board for determination regarding the renewable energy system buffering shall be as set forth in §§ 14-5 and 14-6, and Schedules H and I.
[Ord. No. 2017-12 §§ 1—3]
3.
No Additional Rights. Any approval of a solar energy system does
not create any actual or inferred solar energy system easement against
adjacent property and/or structures. The owner and/or property owner
of a solar energy system shall not infer or claim any rights to protective
writs to any caused shadows or operating ineffectiveness against future
development adjacent to or higher than the property location of the
solar energy system. The approval of any solar energy system granted
by the Township under this subsection shall not create any future
liability or infer any vested rights to the owner and/or property
owner of the solar energy system on the part of the Township or by
any other officer or employee thereof for any future claims against
said issuance of approval of the solar energy system that result from
reliance on this subsection or any administrative decision lawfully
made thereunder.
g.
Small Wind Energy Systems.
1.
Design Criteria.
(a)
Wind generators shall be designed with an automatic brake or
other similar device to prevent over-speeding and excessive pressure
on the tower structure.
(b)
Small wind energy systems shall not be artificially lighted,
except to the extent required by the FAA or other applicable authority.
(c)
All ground-mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access.
(d)
The tower shall be designed and installed so as not to provide
step bolts, a ladder, or other publicly accessible means of climbing
the tower, for a minimum height of eight feet above the ground.
(e)
All moving parts of the small wind energy system shall be a
minimum of 10 feet above ground level.
(f)
The blades on the small wind energy system shall be constructed
of a corrosive resistant material.
(g)
All guy wires or any part of the wind energy system shall be
located on the same lot as the energy system.
(h)
All equipment, sheds and tower bases shall be enclosed with
a security chain link or wood fence of at least seven feet in height,
but no higher than eight feet unless otherwise approved by the Zoning
Officer. All fences shall include a functioning locking security gate.
(i)
The connection between the small wind energy system and the
building, electrical grid or street shall be underground.
2.
Bulk Requirements:
(a)
Minimum lot size 10 acres.
(b)
Minimum setbacks: All wind generators shall be setback from
all setback lines a distance equal to 100% of the height of the structure
plus 10 feet, including the blades.
(c)
Wind generators shall not be permitted in any front yards, unless
application is made to and granted by the Land Use Board, based upon
topographic conditions.
(d)
Maximum Height. Freestanding wind generators shall not exceed
a height of 120 feet, plus blades but in no event higher than 145
feet. The maximum height shall include the height of the blades at
its highest point. If a height variance is granted, any approved tower
must be monopole construction.
(e)
No more than one wind generator shall be permitted on any parcel
of property.
(f)
Wind generators shall not be allowed as rooftop installations.
(g)
Wind generators on properties shall have a nameplate capacity
(maximum ability to generate energy) of 20 kilowatts or less. If a
kilowatt variance is granted, then the approved tower must be of monopole
construction.
(h)
Towers for the wind generators shall have footprints no larger
than 13 feet x 13 feet in size.
(i)
The highest elevation (mean sea level) of small wind energy
systems shall be limited to 640 feet in accordance with the Township's
Ridgeline and Hillside Viewshed Protection Overlay Zone Ordinance.
3.
Noise. All small wind energy systems shall comply with the following:
(a)
Between a residential use or zone, sound levels of the wind
energy system shall not exceed a 55 dBA at a common property line
and 50 dBA to the closest occupied structure.
(b)
In all other cases at a common property line sound levels of
the wind energy system shall not exceed 65 dBA.
(c)
These levels may be exceeded during short-term events such as
utility outages and/or severe windstorms, for a maximum of four hours.
4.
Site Location. It is important to preserve the scenic beauty of the
Township's ridgeline and hillside viewshed protection area, with the
understanding that the ridgeline may be optimum site location. With
that understanding, the location of the wind generators should take
into consideration ridgelines, scenic vistas, the size of the generator
proposed, the location of the residence on the property, nearby residences
and other pertinent factors.
[Added 2-19-2019 by Ord. No. 2019-03]
Fences shall be permitted in the front, side and rear yards,
within the Township of Lafayette, subject to the following regulations:
a.
The height of any fence in a rear or side yard shall be no greater
than six feet;
b.
The height of any fence in a front yard shall be no greater than
four feet;
c.
All fences shall be constructed with the "good side"/uniform fencing
facing out. Fence posts shall be located on the inside of the fence;
d.
All fencing shall be set back a minimum of six inches from the property
line.
e.
At least 50% of the fence shall remain open for all fences located
in the front yard.
f.
Fencing utilized for generally accepted agricultural purposes shall
be exempt from this chapter, provided such fencing is in compliance
with generally accepted agricultural standards, as determined by the
Township Zoning Officer; and such agricultural fencing shall only
be permitted so long as active agricultural use is on-going, and once
agricultural uses cease, fencing shall be required to be in compliance
with Township ordinances.
g.
A fence permit shall be required for any fence installed in the Township within 10 feet of a property line. The Land Use Board Administrator shall create and maintain an application form that requires submission of a survey with the proposed fencing depicted on it and a picture or drawing of the proposed fencing sufficient for the Township Zoning Officer to determine compliance with this § 13-6.18. The Township Zoning Officer shall issue a fence permit after reviewing a completed application and determining that the proposed fencing will not encroach upon any neighboring lot line, easement or right of way and that the proposed fencing will be in compliance with this § 13-6.18. An application fee of $35 for residential and $75 for nonresidential shall accompany the fence permit application.
[Added 12-7-2021 by Ord. No. 2021-27]
[Ord. No. 2012-06 § 13-7; Ord. No. 2016-19 § 1]
a.
Continuation of Use. A use, building or structure, lawfully in existence
at the effective day of this chapter, which shall be made nonconforming
at the passage of this chapter may be continued except as otherwise
provided by law.
b.
Regulation of Nonconforming Structures and Nonconforming Uses.
1.
No existing building or premises devoted to a nonconforming use shall
be enlarged, extended, reconstructed, substituted or structurally
altered except when changed to a conforming use, or as follows:
(a)
Restoration. Any nonconforming use or nonconforming structure partially
destroyed by fire, casualty or Act of God may be repaired, restored,
reconstructed or used as before, provided that the area of such use
or structure shall not exceed the area which existed prior to such
damage. All repairs shall be commenced within one year after damage
occurs and shall be completed within two years of such date or such
use shall not be rebuilt except as a conforming use.
(b)
Repairs. Normal maintenance and repair of a structure containing
a nonconforming use is permitted, provided it does not extend the
area or volume of space occupied by the nonconforming use and does
not increase the number of dwelling units.
2.
Nothing in this chapter shall prevent the strengthening or restoring
to a safe condition any part of any building or structure declared
unsafe by the Construction Official or other authorized State or Township
Official.
c.
Accessory Building Setbacks of Nonconforming Lots. Any existing lot as of December 6, 2016 which lot does not meet the minimum lot size may construct an accessory building without an appeal to the Land Use Board, provided that the total permitted building coverage is not exceeded and/or the accessory building and/or any addition does not violate any other requirements of the Township Ordinances, such as but not limited to height, setback and parking. For lots smaller than the minimum lot area as required by Code Subsection 13-8.5, accessory buildings may be constructed in accordance with the following schedule:
|
Side Yard (feet)
|
10 feet
|
|
Rear Yard (feet)
|
20 feet
|
[Ord. No. 2012-06 § 13-8.1; Ord. No. 2016-13 § 1]
The following principal uses and buildings shall be permitted:
a.
Dwelling unit, single-family detached.
b.
Agricultural Uses Containing a Minimum Lot Area of Five Acres. Agriculture
uses shall not include the keeping of domestic animals for boarding,
training, sale and resale, where such activities are not in connection
with the pursuit of agriculture and are themselves the principal use.
Nurseries, greenhouses under 500 square feet and the boarding of horses
shall be permitted on a farm.
It is intended that a dwelling unit, single-family detached
may be constructed on the same lot utilized for agricultural uses
as set forth above. In that event, the lot shall then have a minimum
lot area of one acre for the dwelling unit, single-family detached
use in addition to the required minimum of five acres set forth above.
[Ord. No. 2012-06 § 13-8.2; Ord. No. 2018-17 § 2; Ord. No. 2018-18 § 1; amended 2-21-2023 by Ord. No. 2023-05]
The following conditional uses shall be permitted:
a.
Public facilities.
c.
Schools provided that all such schools meet the highest, current published standards of lot size and building construction of the New Jersey Department of Education and comply with the requirements of § 13-14b2 of this chapter.
e.
Community residences for developmentally disabled, victims of domestic
violence, terminally ill, persons with head injuries and adult family
care homes for elderly persons and physically disabled adults as provided
for in N.J.S.A. 40:55D-66.1 et seq.
f.
Family day care homes as provided in N.J.S.A. 40:55D-66.5b et seq.
[Ord. No. 2012-06 § 13-8.3; Ord. No. 2016-20 § 2; Ord. No. 2017-12 § 5]
The following accessory uses shall be permitted:
a.
Garage, private.
b.
Swimming pool, tennis courts, and similar family recreational facilities.
c.
The housing of large animals provided that:
1.
One large animal shall be permitted on the 1 1/2 acres encompassing
the principal structure.
2.
One-half-acre additional shall be required for each additional large
animal.
3.
Large animals shall be sheltered in a structure located at least
50 feet from the principal structure and 50 feet from any lot line.
4.
An adequate supply of feed and non-stagnant drinking water shall
be maintained.
5.
Proper disposition shall be made of animal waste, garbage, refuse
or vegetable matter in such manner as to prevent unhealthy or unsanitary
conditions.
6.
This shall not include the keeping of domestic animals for boarding,
training, sale and resale, where such activities are not in connection
with the pursuit of agricultural uses and are themselves the principal
use.
d.
Home occupations, provided that:
1.
Not more than one person living outside of such dwelling is employed
on the premises.
2.
Not more than two customers will visit the dwelling during a day.
3.
Not more than 25% of the total floor area or 500 square feet of such
dwelling, whichever is smaller, can be devoted to such employment
or occupation.
4.
There shall be no display of goods offered for sale in connection
with such employment or occupation which is visible from the street
or any adjoining lot, and there shall be no motor vehicle or equipment
or other items used in connection with or upon which any service is
performed in connection with such employment or occupation stored
or kept in any location on the lot except in an enclosed building.
5.
No equipment or process shall be used in such employment or occupation
which creates noise, vibration, glare, fumes, odors, hazardous waste,
electrical, radio or television interference or other condition detectable
to the normal senses off the premises of which constitutes a nuisance.
All noise created by the home occupation shall be in accordance with
the provisions of the "Noise Ordinance" of the Lafayette Township
Ordinances.
6.
The residential character of the building or buildings shall not
be changed.
7.
The use does not increase the parking or yard requirements of the
principal residential use.
e.
All buildings, structures, motor vehicles and large animals incident
to agricultural uses, including roadside stands.
f.
Affordable accessory apartments.
[Ord. No. 2016-20 § 2]
[Ord. No. 2012-06 § 13-8.4]
[Ord. No. 2012-06 § 13-8.7]
a.
Provided there is sufficient unconstrained land in accordance with Subsection d of this section, the minimum lot area requirements for conventional development shall be as follows:
|
Conventional Development
| |
|---|---|
|
Zone
|
Minimum Lot Area
|
|
R-5.0
|
5.0 acres
|
|
R-4.0
|
4.0 acres
|
|
R-2.5
|
2.5 acres
|
b.
Lot Averaging Development. Provided there is sufficient unconstrained land in accordance with Subsection d of this subsection, the Land Use Board may approve a development employing the use of lot averaging provided the following requirements are met:
|
Lot Averaging Development
| ||
|---|---|---|
|
Zone
|
Minimum Lot Area
|
Minimum Average Lot Area
|
|
R-5.0
|
3.0 acres
|
5.0 acres
|
|
R-4.0
|
2.0 acres
|
4.0 acres
|
|
R-2.5
|
1.5 acres
|
2.5 acres
|
Where an applicant elects to utilize the technique of
lot averaging, the following requirements shall apply:
1.
The land
being developed shall have a minimum lot area of 50 acres.
2.
The arithmetic average lot area of all the lots created by the development plus any open space created under Subsection 13-8.5b shall not be less than the required minimum average lot area in the above table.
3.
In no
case shall a lot be created for development which has less than the
required minimum lot area in the above table.
4.
No more
than 40% of the lots created shall be less than the required minimum
average lot area in the above table.
5.
No lot
created as a result of utilizing the technique of lot averaging shall
be further subdivided and the deed for such lot shall contain a restriction
against its further subdivision for the purposes of creating any additional
lots.
6.
Final
approval shall not be given for more lots than would be permitted
by the requirements of the chapter in a conventional lot application.
A density plan showing those attainable conforming lots without lot
averaging shall be submitted with the lot averaging application.
7.
The approval
of a lot averaging application is discretionary with the Land Use
Board and must be predicated upon the uniqueness and the topographic
characteristics of the land and the ability of the proposed development
to ensure the preservation of open space.
c.
Cluster Subdivision. Provided there is sufficient unconstrained land in accordance with Subsection d of this subsection, the Land Use Board may approve a cluster subdivision provided the following requirements are met:
|
Cluster Subdivision
| ||
|---|---|---|
|
Zone
|
Minimum Lot Area
|
Maximum Density
|
|
R-5.0
|
3.0 acres
|
1 Dwelling, Single-Family Detached /5.0 acres
|
|
R-4.0
|
2.0 acres
|
1 Dwelling, Single-Family Detached /4.0 acres
|
|
R-2.5
|
1.5 acres
|
1 Dwelling, Single-Family Detached /2.5 acres
|
Where an applicant elects to use the development technique
of cluster subdivision, the following requirements shall apply:
1.
The land
being developed shall have a minimum lot area of 100 acres.
2.
The total
number of lots created for single-family detached dwelling development
shall not exceed the required maximum density in the above table.
3.
In no
case shall a lot be created for development which has less than the
required minimum lot area in the above table.
4.
Land
area equal to a minimum of 30% of the tract of land proposed for development
shall not be included in lots or streets and shall be set aside for
conservation, open space, recreation or other public purposes. Land
proposed for such public purposes shall be offered to the Township
of Lafayette. All lands not accepted by the Township shall either
be owned and maintained by a homeowners' association or any other
entity determined by the Land Use Board to adequately safeguard the
preservation of such lands. In any case, all streets within the development
shall be deeded to the Township.
5.
Forty
percent of the open space lands shall be unconstrained land.
6.
The developer
shall submit to the Township Committee, upon final Planning Board
approval, an open space easement for the land not to be developed
to insure the public's interest that the remaining open space shall
not be developed, with the exception of land needed for facilities
in the development such as recreational facilities.
7.
The lands
offered to the Township shall meet the following requirements:
(a)
Lands offered for recreational purposes shall be improved by the
developer including equipment, walkways and landscaping in order to
qualify the lands for acceptance by the Township.
(b)
Any land offered to the Township or a homeowners' association shall
be optimally related to the overall plan and design of the development
and improved to best suit the purpose(s) for which it is intended.
(c)
(Reserved)
(d)
The lands offered to the Township or a homeowners' association shall
be subject to review by the Land Use 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 Land Use 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.
(e)
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 Land Use Board. Should the subdivision
consist of a number of development stages, the Land Use 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.
8.
The developer
is required to create a homeowners' association approved by the Township
Committee upon the review and approval of the Land Use Board.
9.
An association,
established for the purpose of owning and maintaining common lands
and facilities including conservation, open space, floodplain, recreation
and park areas and other lands, which would otherwise be dedicated
to the Township.
10.
Final
approval shall not be given for more lots than would be permitted
by the requirements of this chapter in a conventional development.
A density plan showing those attainable conforming lots without cluster
subdivision shall be submitted with the cluster subdivision application.
11.
Should
a tract be located in more than one zone, the maximum density calculations
shall be applied to each zoned portion of the tract which is in a
separate zone.
12.
The
approval of a cluster subdivision is discretionary with the Land Use
Board and must be predicated upon the uniqueness and topographic characteristics
of the land and the ability of the proposed development to ensure
the preservation of open space.
13.
The
developer shall comply with all applicable provisions of the Land
Subdivision Regulations in obtaining preliminary and final approval,
respectively.
d.
Unconstrained Lands. On any lot proposed for development there shall
be a minimum three-fourths acre of contiguous unconstrained land which
has a shape and characteristics that can reasonably accommodate principal
and accessory structures, domestic well, and septic system. No surface
or stormwater management facility shall be included within the minimum
contiguous unconstrained land.
e.
Maximum Permitted Disturbed Land Area. For conventional residential
development, the maximum permitted land disturbance area for each
lot shall be 45% of the lot area.
For residential developments utilizing lot averaging or clustering, the maximum permitted land disturbance area shall be 50% of the lot area. However, land disturbed to create active recreation facilities which are approved by the Land Use Board in accordance with Subsection 12-8.3c of the Lafayette Land Use Ordinance concerning "Recreational Open Space Requirements for Residential Developments" shall be excluded from the calculation of the maximum permitted land disturbance area.
[Ord. No. 2012-06 § 13-8.6; Ord. No. 2015-16 § 1; Ord. No. 2016-19 §§ 2, 3]
a.
Single-family detached dwelling unit conventional development shall
comply with the following yard and dimensional requirements for principal
structures and buildings.
[Ord. No. 2016-19 § 2]
|
Single-Family Detached Dwelling Conventional
Development Zone Classification
| |||
|---|---|---|---|
|
Requirement
|
R-5.0
|
R-4.0
|
R-2.5
|
|
Minimum lot width
|
250 ft.
|
200 ft.
|
150 ft.
|
|
Minimum lot frontage
|
300 ft.*
|
250 ft.*
|
200 ft.*
|
|
Minimum lot depth
|
300 ft.
|
250 ft.
|
200 ft.
|
|
Minimum front yard
|
75 ft.**
|
75 ft.**
|
50 ft.
|
|
Minimum side yard
|
60 ft.
|
50 ft.
|
40 ft.
|
|
Minimum rear yard
|
125 ft.
|
125 ft.
|
100 ft.
|
|
Maximum lot coverage
|
10%
|
12%
|
20%
|
|
Maximum permitted disturbed land area
|
35,000 sf.
|
30,000 sf.
|
25,000 sf.
|
|
*The minimum required lot frontage may be reduced by 50% where
a lot fronts on a cul-de-sac turnaround.
| |||
|
**On existing streets, the minimum required front yard may be
reduced to the average of the front yards of the principal structures
on the same side of the street as the subject lot by calculating the
front yard of the principal structures on lots on both sides of the
subject lot and within 400 feet of the subject lot, but in no case
shall the minimum required front yard be reduced to less than 50 feet.
| |||
b.
Single-family detached development which utilizes lot averaging or
cluster subdivision techniques shall comply with the following yard
and dimensional requirements for principal and accessory structures
and buildings:
|
Lot Averaging or Cluster Subdivision
Development Zone Classification
| |||
|---|---|---|---|
|
Requirement
|
R-5.0
|
R-4.0
|
R-2.5
|
|
Minimum lot width
|
250 ft.
|
200 ft.
|
150 ft.
|
|
Minimum lot frontage
|
300 ft.*
|
250 ft.*
|
200 ft.*
|
|
Minimum front yard
|
75 ft.**
|
75 ft.**
|
50 ft.
|
|
Minimum side yard
|
50 ft.
|
40 ft.
|
30 ft.
|
|
Minimum rear yard
|
100 ft.
|
100 ft.
|
75 ft.
|
|
Maximum lot coverage
|
15%
|
18%
|
25%
|
|
Maximum permitted disturbed land area
|
35,000 sf.
|
30,000 sf.
|
25,000 sf.
|
|
Minimum lot depth
|
300 ft.
|
250 ft.
|
200 ft.
|
|
*The minimum required lot frontage may be reduced by 50% where
a lot fronts on a cul-de-sac turnaround.
| |||
|
**The minimum required front yard may be reduced to the average
of the front yards of the principal structure on the same side of
the street as the subject lot by calculating the front yard of the
principal structures on lots on both sides and within 400 feet of
the subject lot, but in no case shall the front yard be reduced to
less than 50 feet.
| |||
c.
Accessory structures and buildings shall not be located in the required
front yard; shall be at least 10 feet from the principal structure;
and shall comply with side and rear yard setbacks set forth in the
tables below.
|
Setbacks for Accessory Structures* (other than Swimming
Pools)
| |
|
Side
|
15 Feet
|
|
Rear
|
30 Feet
|
|
Setbacks for Swimming Pools
| |
|
Side
|
25 Feet
|
|
Rear
|
30 Feet
|
|
* Nonconforming lots may construct accessory structures in accordance
with 13-7c.
| |
d.
All development other than single-family development shall comply
with the minimum yards and dimensions in the above table. Such development
shall have a minimum lot size of 5.0 acres in the R-5.0, R-4.0 and
R-2.5 Zones where it can be demonstrated that 5.0 acres are sufficient
to accommodate the potable water and septic system needs of the use.
Larger lot sizes may be required for certain uses in order to assure
that the carrying capacity of the lot complies with the standards
established in the Lafayette Township Master Plan and Wastewater Management
Plan.
[Ord. No. 2012-06 § 13-8.7]
The following requirements shall apply:
[Ord. No. 2012-06 § 13-8.8]
Refer to § 13-17.
[Ord. No. 2012-06 § 13-8A.1]
The purpose of the Affordable Housing (AH-1) District is to
provide a realistic opportunity for the construction of affordable
housing as part of a comprehensively planned housing development,
in conformance with the Township's approved Housing Element and Fair
Share Plan and the regulations of this chapter governing affordable
housing.
[Ord. No. 2012-06 § 13-8A.2]
In the AH-1 Zone there shall be permitted:
a.
Single-family detached dwelling units, duplex, triplex, efficiency or apartment in accordance with Subsections a1 through 4 below and the development standards enumerated in Subsection 13-8A.4 of this section.
1.
Special needs housing.
2.
Dwelling units may be age restricted in accordance with the Fair
Housing Act, 42 USC 3601 et seq. and the Rules and Regulations promulgated
by the appropriate agency charged with the responsibility of implementing
affordable housing in the State of New Jersey as the Rules and Regulations
may be amended from time to time.
3.
The dwelling units shall be constructed as low- or moderate-income
housing and for individuals with special needs, which units shall
be governed by deed restrictions insuring long term affordability
controls in accordance with the Rules and Regulations promulgated
by the appropriate agency charged with the responsibility of implementing
affordable housing in the State of New Jersey as the Rules and Regulations
may be amended from time to time. Each affordable housing unit shall
be deed-restricted using COAH approved deed restrictions in accordance
with N.J.A.C. 5:93-9.2 et seq.
4.
The development, phasing and marketing of the dwelling units constructed
for low- and moderate-income households shall be undertaken in accordance
with the Rules and Regulations promulgated by the appropriate agency
charged with the responsibility of implementing affordable housing
in the State of New Jersey as the Rules and Regulations may be amended
from time to time.
b.
Public facilities.
[Ord. No. 2012-06 § 13-8A.3]
The accessory uses as provided in Subsection 13-8.3, entitled, Permitted Accessory Uses of this chapter with the caveat that all accessory structures shall be designed to serve or be developed in relation to the affordable housing development and shall be subject to site plan approval.
[Ord. No. 2012-06 § 13-8A.4]
|
Type
|
Requirement
| |
|---|---|---|
|
a. Minimum lot area
|
2 acres
| |
|
b. Minimum lot frontage
|
150 feet
| |
|
c. Minimum setback lines (Principal structure)
| ||
|
From front lot line
|
50 feet
| |
|
From side or rear lot lines
|
25 feet
| |
|
d. Minimum setback lines (Accessory structures)
| ||
|
From front lot line
|
50 feet
| |
|
From side or rear lot lines
|
25 feet
| |
|
e. Maximum principal building height
|
35 feet
| |
|
f. Parking area
|
See N.J.A.C. 5:21-1.1 et seq. (Statewide Residential Improvement
Standards) for total number of spaces to be provided with the exception
that there may not be a parking requirement for all or some of the
special needs housing which, if so, shall be considered a de minimis
exception to the RSIS Standards.
| |
|
g. On-site rights-of-way (ROW) and roadway widths
|
See N.J.A.C. 5:21-1.1 et seq.
| |
|
h. Maximum density
|
Six dwelling units per acre
| |
|
i. Maximum impervious surface coverage
|
40%
| |
|
j. Setbacks between buildings
|
Setbacks to interior streets and parking areas. In reviewing
a site plan for any development in the AH-1 Zone, the Land Use Board
shall have authority to review and approve all setbacks between buildings
and between buildings and interior streets, parking areas and other
structures in order to ensure the preservation of adequate light,
air and open space.
| |
|
k. Homeowners' Association
|
If a homeowners' association is formed, it shall be approved
by the Township Committee after review by the Land Use Board.
| |
|
l. Architectural Design Considerations. To the maximum extent
feasible, the design of buildings and other improvements to the zone
shall incorporate the rural, historic, and environmental priorities
of Lafayette Township. These include:
| ||
|
1. Preservation of the site's rural character through
adaptive reuse of the existing barns, including the silo, and the
design of any new buildings to reflect the rural and historic characteristics
of Lafayette Township.
| ||
|
2. Incorporation of common open space for passive/active
recreation and community space.
| ||
|
3. Incorporation of landscaping, building materials
and design to minimize nuisances to adjoining properties and sky glow.
| ||
|
4. Incorporation of "green" technologies that promote
energy conservation and the use of environmentally-friendly building
materials.
| ||
[Ord. No. 2016-16 § 1]
a.
The purpose of the AH-2/LC Residential Affordable Housing/Commercial District (the AH-2/LC District) is to provide a realistic opportunity for the construction of affordable housing as part of a comprehensively planned housing development with a mixed use development option in response to Lafayette Township's affordable third round housing obligation. In addition, the AH-2/LC District recognizes previously approved commercial development within a portion of the District, the development of which is dependent upon sufficient water and wastewater infrastructure that must be provided. The AH-2/LC District is a component of LafayetteTownship's Housing Element and Fair Share Plan for the third round. Residential development in the AH-2/LC shall comply with the regulations of this chapter governing affordable housing, § 12-20, the Uniform Housing Affordability Controls [N.J.A.C. 5:80-26.1 et seq. (U.H.A.C.)], the NJ Fair Housing Act, and applicable regulations of the State of New Jersey governing affordable housing.
b.
The AH-2/LC District provides two separate and distinct development
areas including (1) the AH-2 portion of the AH-2/LC District within
which inclusionary residential development of a maximum 150 townhouses
shall be permitted which shall include a 15% set aside of 23 affordable
units, which may be provided in the form of stacked flat apartments;
and (2) the LC portion of the AH-2/LC District within which up to
65,000 sq. ft. of commercial development shall be permitted. The two
development areas are intended to be separate and distinct but may
share infrastructure, such as sidewalks, wastewater disposal and potable
water, but specifically not including access roads connecting the
AH-2 and LC Zones such that there shall be no means for cut-through
traffic between Sunset Inn Road and State Highway 15 and 94. These
two development areas are delineated on the attached map entitled
"AH-2/LC — Residential Affordable Housing/Limited Commercial
District, Township of Lafayette," dated July 2016.
1.
AH-2 Portion of District. The AH-2 portion of the AH-2/LC District
includes two separate upland areas that may accommodate residential
townhouse and affordable housing development, including one primary
upland area proximate and adjacent to NJ Route 94 on the northerly
side of the District; and a secondary upland area located to the south
and west of the primary upland. These two areas are separated by wetland
and transition area environmental constraints. This condition results
in the need for a separate future residential access road to extend
from the vicinity of Sunset Inn Road into the secondary upland area
for access to residential townhouses that may be constructed within
this area.
2.
LC Portion of District. The LC portion of the AH-2/LC District is
reserved for commercial development for a wide variety of retail commercial
uses. This area shall be effectively separated from all dwelling units
by design and through the use of buffering to effectively screen the
view of the commercial development from residential uses. There shall
be no commercial traffic circulation or roadway interconnection with
roadways serving the residential units.
c.
All development in the AH-2/LC District shall either be served by:
1.
A centralized sewer collection system to be extended to the site;
or
2.
An on-site wastewater collection and treatment system within the
AH-2/LC District.
|
The Township of Lafayette assumes no responsibility for an approval
to extend wastewater collection facilities to the District except
to cooperate with the developer's efforts for approval of same, such
as by providing a resolution of support for the developer's application
to the NJDEP that may be required as part of an amendment to the Lafayette
Township Chapter of the Sussex County Wastewater Management Plan to
extend sewer collection lines to the District.
|
|
The capacity of an on-site wastewater collection and treatment
system is subject to negotiation with the Township Committee. Only
upon execution of a development agreement with the Township Committee
shall the Land Use Board approve development within the AH-2/LC District,
provided that (1) the on-site collection and treatment system complies
with all applicable NJDEP regulations, and (2) the Land Use Board
finds that the proposed development complies with the development
requirements and standards in Lafayette Township's ordinances for
subdivision and or site plan approval. The Land Use Board's approval
shall be conditioned upon the posting of a sufficient performance
guarantee for the construction and maintenance of an on-site wastewater
treatment system.
|
d.
Prior to any development approval within the AH-2/LC District, an
applicant shall demonstrate that an adequate water supply is provided
for which sufficient performance guarantees shall be required for
the construction and maintenance of water supply to the development.
[Ord. No. 2012-06 § 13-8A.2; Ord. No. 2016-16 § 1]
In the AH-2 portion of the AH-2/LC District there shall be permitted:
a.
Townhouse dwelling units, which shall not exceed five market rate
units per market rate building. The affordable unit buildings shall
not exceed six affordable units per building, which may be provided
as stacked flats in buildings designed to look like and blend in with
the surrounding townhouses. A maximum of 150 townhouse and stacked
flat dwelling units shall be permitted including a 15% affordable
housing set aside of not less than 23 affordable housing units.
1.
The affordable housing units shall be constructed as low- or moderate-income
housing of which at least 50% shall be low-income units; not less
than 13% of the total affordable units shall be affordable to very-low-income
households. Affordable units shall be governed by deed restrictions
insuring long term affordability controls of not less than 30 years
in accordance with the Rules and Regulations promulgated by the appropriate
agency charged with the responsibility of implementing affordable
housing in the State of New Jersey as the Rules and Regulations may
be amended from time to time. Each affordable housing unit shall be
deed-restricted in accordance with applicable regulations including,
but not limited to N.J.A.C. 5:80-26.1 et seq. (U.H.A.C.), as may be
supplemented and amended, and any other affordable housing regulations
that may be applicable.
2.
The development, phasing and marketing of the dwelling units constructed
for low- and moderate-income households shall be undertaken in accordance
with the Rules and Regulations promulgated by the appropriate agency
charged with the responsibility of implementing affordable housing
in the State of New Jersey as the Rules and Regulations may be amended
from time to time.
b.
Public facilities.
[Ord. No. 2016-16 § 1]
In the LC portion of the AH-2/LC District there shall be permitted:
a.
Office, business.
b.
Office, medical.
c.
Financial institutions.
d.
Retail sales establishments.
e.
Retail sales establishment neighborhood.
f.
Retail services establishments.
g.
Specialty stores.
h.
Restaurants.
i.
Agricultural uses.
j.
A mixed-use development comprised of residential dwelling units above
first-floor retail stores or other permitted non-residential development,
which shall be permitted as a development option that may include
a portion of the maximum of 150 dwelling units and may include market-rate
townhouses and affordable units otherwise permitted in the in the
AH-2 portion of the AH-2/LC Zone.
k.
Public utility uses.
l.
Public facility.
m.
Child care centers.
n.
Open space.
[Ord. No. 2016-16 § 1]
The accessory uses as provided in Subsection 13-8.3, entitled Permitted Accessory Uses, of this chapter with the caveat that all accessory structures shall be designed to serve or be developed in relation to the affordable housing development and shall be subject to site plan approval.
a.
Each unit of residential development shall contain not less than
512 cubic ft. (8' x 8' x 8') of fully-enclosed storage which shall
be used for no other purpose than occupant's storage.
b.
Trash and recycling facilities shall be provided within enclosed
structures throughout residential neighborhoods, which shall be conveniently
located to residents and which shall provide for ample storage of
trash, recycling and disposal of household generated refuse. Such
structures may be used for storage of such materials as snow salt
to supplement snow removal. Such facilities shall be designed, constructed
and maintained in such a manner as to prevent nuisance animal disturbance
and pest infestation.
[Ord. No. 2012-06 § 13-8A.4; Ord. No. 2016-16 § 1]
To the maximum extent feasible, the design of buildings and
other improvements to the zone shall incorporate the rural, historic,
and environmental priorities of Lafayette Township. These include:
a.
Preservation of the site's rural character through the design of
any new buildings to reflect the rural and historic characteristics
of Lafayette Township.
1.
Incorporation of common open space for passive/active recreation
and community space for the use of the residents of the development.
A minimum of four acres of passive and active recreation shall be
provided, which shall include not less than two acres of active recreation
areas and shall include:
(a)
Active recreation play fields, such as for soccer, baseball,
volleyball, field hockey and facilities for court games, such as tennis
and basketball.
(b)
Tot lot and playground equipment.
(c)
Pavilion and picnic area including picnic tables and grills.
(d)
Walking paths shall be provided throughout the entire site in
addition to sidewalks along roads. Pedestrian paths establishing convenient
walking access among residential neighborhoods and nonresidential
development in the AH-2 /LC District shall be provided, which paths
shall be a minimum width of five feet.
Passive and active recreation areas shall be devoted solely
to this use and shall not be used for any other purpose above or below
ground such as drainage facilities, leach fields and overhead power
line rights-of-way.
2.
Incorporation of landscaping, building materials and design to minimize
nuisances to adjoining properties and sky glow.
(a)
Provide landscaping in public areas, on recreation sites and
adjacent to buildings, to screen parking areas, mitigate adverse impacts,
and provide windbreaks for winter winds and summer cooling for buildings,
streets and parking.
(b)
Select the plant or other landscaping material that will best
serve the intended function, and use landscaping materials appropriate
for local soil conditions, water availability, and environment.
(c)
Vary the type and amount of landscaping with type of development
and accent site entrances with special landscaping treatment.
(d)
Consider massing trees at critical points rather than in a straight
line at predetermined intervals along streets.
(e)
Consider the impact of any proposed landscaping plan at various
time intervals, i.e. shrubs may grow and eventually block sight distances.
(f)
Design landscaping to maximize preservation of existing vegetation.
3.
Incorporation of "green" technologies where practical and feasible
that promote energy conservation and the use of environmentally-friendly
building materials.
[Ord. No. 2016-16 § 1]
No building shall hereafter be erected, constructed, placed,
altered or enlarged which shall be like or substantially like any
existing or proposed neighboring building or for which a building
permit has been issued if said neighboring building is adjacent to,
across the street from or within 300 feet of the building to be erected,
constructed, placed, altered or enlarged and faces on the same street.
End-to-end reversal of house plans or roofline changes alone shall
not render a dwelling unit substantially unlike a neighboring building
to allow its construction, placement, alteration or enlargement within
the prohibited distance above set forth. Nothing in this section shall
prohibit the townhouse buildings from having the same footprint and/or
same interior floor plan.
a.
Topography, privacy, building height, orientation, drainage, and
aesthetics shall be considered in placement of units. Provide units
with private outdoor space where appropriate and practical.
b.
Space shall be provided between and among buildings so that adequate
privacy is provided for units. A minimum of 40 feet between buildings
shall be provided.
c.
Space shall be provided between and among buildings so that emergency
apparatus is provided between all buildings. Suitable surface treatment
shall be provided to accommodate emergency apparatus access.
d.
The facades of all townhouse buildings shall vary such that the front
exterior wall of each townhouse is offset from the adjoining front
exterior wall with a minimum offset of four feet to be provided.
e.
Each townhouse building within the development shall vary in exterior
architectural detail and color such that no two adjoining units shall
be the same color or same architectural style; however each townhouse
facade shall be thematically coordinated for a unified architectural
appearance. Varying exterior treatments shall be used on the exterior
of townhouse units, which shall include materials such as brick, stone,
stucco, and clapboard.
f.
Exterior architectural design shall be subject to Land Use Board
approval. The Land Use Board may establish an architectural review
subcommittee to assist in architectural review and approval.
Residential development design shall incorporate the rural,
historic, and environmental priorities of Lafayette Township consistent
with those priorities and objectives as required in this chapter and
the Lafayette Township Master Plan.
[Ord. No. 2016-16 § 1]
Commercial developments shall be designed according to the same principles governing design of residential developments, including but not limited to, locating buildings based on topography; avoiding to the maximum extent practical environmentally critical areas or environmentally sensitive areas; considering factors such as drainage, noise, odor and surrounding land uses in siting buildings; buffering where adverse impacts exist. Notwithstanding the foregoing language, all commercial development shall be governed where feasible by the design standards specific to that zone set forth at Subsection 12-8.3f.
a.
All nonresidential uses shall be separated from residential uses
by a distance of not less than 100 feet, except in a mixed use configuration
where residential units are attached to nonresidential uses.
b.
A minimum landscaped buffer of 50 feet shall be provided between
all nonresidential uses and residential uses which shall be used for
no other purpose except buffering.
c.
Nonresidential to residential buffers shall establish an effective
year-round screen which shall be established through the use of a
berm, fence, landscaping or a combination of the three.
d.
Noise attenuation shall be established to buffer noise generated
by non-residential uses from residential development. Such noise attenuation
shall include measures and structures designed to reduce noise generated
by HVAC, trash, recycling and other nonresidential development equipment,
functions and appurtenances.
e.
Exterior architectural design of all nonresidential buildings shall
be subject to Land Use Board approval. The Land Use Board may establish
an architectural review subcommittee to assist in architectural review
and approval.
f.
Nonresidential development design shall incorporate the rural, historic,
and environmental priorities of Lafayette Township consistent with
those priorities and objectives as required in this chapter and the
Lafayette Township Master Plan.
g.
Affordable low- and moderate-income housing units shall be provided
in accordance with the following schedule whether some or all of the
affordable units are incorporated into the LC Zone in a mixed use
configuration (i.e. above the non-residential uses), or the affordable
units are provided in the AH-2 Zone:
|
Minimum Percentage of Low- and Moderate-Income Units Completed
|
Percentage of Market Housing Units Completed
|
|---|---|
|
0
|
25
|
|
10
|
25 + 1
|
|
50
|
50
|
|
75
|
75
|
|
100
|
90
|
|
100
|
1.
No certificates of occupancy shall be issued for market-rate units
above the maximum percentage of market housing units completed until
and unless the minimum percentage of low- and moderate-income affordable
housing units required have been completed and received certificates
of occupancy.
[Ord. No. 2016-16 § 1]
The AH-2/LC District is situated within Lafayette Township's
GOZ, Gateway Overlay Zone and the Township's GCD, Gateway Commercial
District.
[Ord. No. 2016-16 § 1]
All residential development and common areas in the AH-2/LC
District shall be incorporated into a Homeowners' and/or Condominium
Association, which shall be approved by the Township Committee after
review by the Land Use Board to ensure that:
[Ord. No. 2016-16 § 1]
a.
All roads and parking for residential development shall conform to
the requirement of N.J.A.C. 5:21-1.1 et seq., the NJ Statewide Residential
Improvement Standards (RSIS).
There may be, subject to Land Use Board approval and the approval
of the State Department of Transportation and the County of Sussex,
a roadway connection between residential and nonresidential development
in the AH-2/LC District. The roadways shall be designed to prevent
the general public from using the development's residential roads
as a cut through to avoid the signalized intersection of Sunset Inn
Road and Route 15. Such design features may include a gate (with a
fob or other similar equivalent) to restrict access to residences
at one access point, but permitting the general public to access the
residential development at the other access point.
[Ord. No. 2016-16 § 1]
a.
Minimum Tract Area. The minimum tract area for the AH-2/LC District
shall be 160 acres. All development in the AH-2 portion of the AH-2/LC
District shall be under the control of a Homeowners' and/or Condominium
Association.
b.
Maximum number of residential units: 150.
c.
Tract Frontage and Width. The minimum tract frontage and width shall
be 200 feet.
d.
Setback from Rights-of-Way. The minimum building setback from existing
public rights-of-way shall be 100 feet.
e.
Setback from Property Boundaries. The minimum building setbacks shall
be:
1.
Fifty feet from all tract boundaries.
f.
Setback from Internal Roadways.
1.
The minimum building setback from internal roadways shall be 30 feet
from the right-of-way.
2.
Where there is no right-of-way, the minimum building setback shall
be thirty 30 feet from the edge of pavement.
3.
There shall be a minimum four feet planting strip between the sidewalk
and any curb. The sidewalk shall be a minimum of width of four feet.
g.
Setback from Sidewalk.
1.
There shall be a minimum two feet building (garage) setback from
the edge of the sidewalk.
h.
Dwelling Configuration.
1.
Market-rate dwellings shall be provided as townhouses with a garage.
2.
Low- and moderate-income housing may be provided as townhouses or
stacked flats and may include a garage. If the affordable units are
provided as stacked flat apartments, the buildings shall be designed
to look like and blend in with the surrounding townhouses.
3.
Townhouses may not be constructed in buildings of not more than five
market rate townhouses per building.
4.
Affordable housing units may be constructed as stacked flats of not
more than six units per affordable building.
j.
Building Coverage. The maximum building coverage for the total development
(residential and non-residential) shall be not more than 20% of the
overall tract area.
k.
Impervious Lot Coverage. The maximum impervious lot coverage shall
be not more than 30% of the overall tract area.
l.
Building Height. The maximum building height shall be no greater
than 35 feet.
[Ord. No. 2016-16 § 1]
As a condition of any approval that may be granted for development
in the AH-2/LC District, the applicant/developer shall post a performance
and restoration bond to ensure that all improvements approved are
constructed and/or to provide sufficient funding for site restoration
if approved development is commenced and not completed. The performance
and restoration bond amount shall be subject to approval by the Township
Engineer. Notwithstanding the foregoing, the development may be phased
in accordance with a phasing plan to be approved by the Land Use Board,
in which case only the improvements for each phase need to be bonded.
[Ord. No. 2012-06 § 13-9.1]
[Ord. No. 2012-06 § 13-9.2]
None.
[Ord. No. 2012-06 § 13-9.3]
a.
Buildings, machinery and outdoor storage related to the conduct of
the principal use.
[Ord. No. 2012-06 § 13-9.4]
[Ord. No. 2012-06 § 13-9.5]
a.
The area and yard regulations for the LI Zone shall apply to permitted
principal buildings in the EI Zone.
b.
In no case shall any extractive activity be conducted within 200
feet of a property line.
c.
Except for entrance and exit roads, there shall be a 200-foot buffer
established along all property lines.
[Ord. No. 2012-06 § 13-9.6]
All uses are subject to site plan review and approval. A site
plan prepared in accordance with standards and requirements established
by this chapter and the Township site plan approval ordinance shall
be submitted to the Land Use Board with every application for a building
permit for construction of a new building or alteration of an existing
building. Site plan approval shall also be required before a certificate
of occupancy is issued for any change of use.
[Ord. No. 2012-06 § 13-9.7]
The required minimum number of on-site parking spaces shall
be 1/400 sq. ft. GFA.
[Ord. No. 2012-06 § 13-9.8]
See § 13-17.
[Ord. No. 2012-06 § 13-10.1]
[Ord. No. 2012-06 § 13-10.2]
None.
[Ord. No. 2012-06 § 13-10.3]
Any use customarily incidental to a permitted principal use.
[Ord. No. 2012-06 § 13-10.4]
All uses shall be subject to conceptual plan review by the Land
Use Board.
[Ord. No. 2012-06 § 13-11.1]
a.
Retail sales establishments, retail sales establishments neighborhood,
retail store convenience, or retail service establishments provided
that:
1.
Any goods or products fabricated or processed incidental to such
use shall be sold at retail on the premises.
2.
Such fabricating or processing shall be confined within the building
and no supplies, materials or goods used in such fabrication shall
be stored outdoors.
3.
No more than six persons are employed in the retail sales establishment,
retail sales establishment neighborhood, retail store convenience
or retail service establishment during any operating hours.
b.
Offices and financial institutions.
c.
Detached single-family dwelling units.
d.
Duplex dwelling units provided that each dwelling unit shall have
its own domestic well and domestic septic system.
e.
One apartment unit within the building of the above listed permitted
principal uses provided that the dwelling unit shall have its own
domestic well and domestic septic system. The following minimum floor
areas shall apply to apartments:
|
Efficiency
|
550 square feet
|
|
1 bedroom
|
700 square feet
|
|
2 bedroom
|
850 square feet
|
|
3 bedroom
|
1,000 square feet
|
f.
Public facility uses subject to concept plan review by the Land Use
Board.
g.
Public open spaces.
h.
Agricultural uses.
i.
Antique shops.
j.
Restaurants.
[Ord. No. 2012-06 § 13-11.2]
The following uses shall be permitted in all VC Zones subject to the review and approval of the Land Use Board in accordance with the provisions of § 13-14.
b.
Schools provided that all such schools meet the highest current published standards for lot size and building construction of the New Jersey Department of Education and be in accordance with Subsection 13-14b2.
h.
Mixed Use — Low- and moderate-income housing apartments located in the same structure with a commercial use shall be permitted at a greater density than permitted in the zone and permitted to share well and septic systems on the condition that: 1) the apartment or apartments satisfy an affordable housing obligation under the Housing Element and Fair Share Plan for the Township of Lafayette filed with the appropriate agency charged with the responsibility of implementing affordable housing in the State of New Jersey: 2) they comply with the square footage required in Subsection 13-11.1e above; and 3) comply with all other requirements of the applicable government regulatory agencies, building and health departments.
[Ord. No. 2012-06 § 13-11.3]
The following accessory uses shall be permitted in all VC Zones:
a.
Private garages for the storage of automobiles and commercial vehicles
utilized in conjunction with a permitted use.
b.
Home occupations.
c.
Offices located within a single-family detached dwelling unit provided
that at least one of the professionals is a resident of the dwelling,
not more than two persons who are not residents of the dwelling are
employed in such office, not more than 50% of the gross floor area
of the dwelling is devoted to such use, and two parking spaces are
provided in addition to the two spaces required for a single-family
detached dwelling unit.
[Ord. No. 2012-06 § 13-11.4]
No structure shall be erected or enlarged to exceed 35 feet in height except as provided in Subsection 13-6.8.
[Ord. No. 2012-06 § 13-11.5]
a.
Lots.
1.
The minimum area and width of lots shall be determined by the parking area and off-street loading provisions of this section, but in no event shall the lot area be less than one acre, nor have a frontage of less than 150 feet, nor have less than 0.5 acre of contiguous unconstrained land as defined in § 13-5.
2.
The floor area ratio shall not exceed 0.25.
3.
Front yards shall have a minimum of 25 feet in depth from the street
line. No parking shall be permitted between the principal building
and the street or streets upon which the lot abuts nor in any side
yard. Where the average setback of existing buildings on either side
of the subject lot is less than 25 feet, the required minimum setback
may be reduced to that average.
4.
Side yards shall have a minimum width of 18 feet each, except that
driveways and parking areas shall not be within seven feet of the
side line.
5.
Rear yards shall have a minimum of 100 feet in depth.
6.
An attached group of retail sales establishments, retail sales establishments
neighborhood, retail store convenience and/or retail service establishments
may be considered as one building in applying the above yard space
requirements.
7.
A densely planted area composed of evergreens at least 10 feet in
width and initially at least six feet in height shall be created along
any side or rear property line which is adjacent to any residential
zone or any existing residential use, except where to do so would
interfere with sight triangle.
8.
Maximum building size: 20,000 square feet.
[Ord. No. 2012-06 § 13-11.6]
Lot coverage shall not exceed 70% of the total area of unconstrained
lands.
[Ord. No. 2012-06 § 13-11.7]
a.
For commercial uses, one parking space shall be provided for each
200 square feet of gross floor area of the portion of the building
used for commercial purposes, and two spaces shall be provided for
each apartment unit. Such parking shall be provided in the rear yard
of the subject property and/or in the rear yard of an adjacent commercial
property provided the adjacent property is in a VC Zone and contains
sufficient parking for its own use independent of the parking to be
shared.
b.
There shall be provided sufficient parking to accommodate the maximum
demand without use of on-street curb side spaces, driveways, lawn
area or other areas not designated and constructed as parking spaces.
[Ord. No. 2012-06 § 13-11.8]
See § 13-17.
[Ord. No. 2012-06 § 13-11.9]
Each commercial use shall provide off-street loading space in
the side or rear of the principal building at the rate of one accessible
10-foot-by-35-foot off-street loading space for each 5,000 square
feet of gross floor area or fraction thereof in each building. Where
in the judgment of the Land Use Board the provision of an off-street
loading space will be detrimental to the character of the Village
Commercial Zone, the requirement for a separate off-street loading
space may be waived.
[Ord. No. 2012-06 § 13-11.10]
New buildings and modifications to existing buildings shall
be of an architectural style which is compatible with the predominant
style of the buildings in the Village Commercial or Gateway Overlay
Zone. For design standards for the Gateway Overlay Zone see 12-8.2d
and 12-8.3f.
[Ord. No. 2012-06 § 13-12.1]
a.
Principal uses permitted in the VC Zone.
b.
Retail sales establishments, retail sales establishments neighborhood,
retail sales convenience or retail service establishments provided
that:
c.
Restaurants.
d.
Restaurants, fast food.
e.
Mortuary or funeral homes.
f.
Theaters, auditoriums and other places of public assemblage.
g.
Sports and health centers.
h.
Public open space.
i.
Motor vehicle service station
[Ord. No. 2012-06 § 13-12.2]
The following uses shall be permitted in all HC Zones subject to review and approval by the Land Use Board in accordance with the provisions of § 13-14:
[Ord. No. 2012-06 § 13-12.3]
Accessory uses permitted in the VC Zone shall also be permitted
in the HC Zone.
[Ord. No. 2012-06 § 13-12.4]
[Ord. No. 2012-06 § 13-12.5]
a.
Lots.
1.
The minimum area and width of a lot shall be determined by the parking
and off-street loading provisions of this section, but in no event
shall the lot area be less than three acres nor have a frontage and
width less than 200 feet. Larger lot sizes may be required for certain
uses in order to assure that the carrying capacity of the lot complies
with the standards established in the Lafayette Township Master Plan
and Wastewater Management Plan.
2.
The floor area ratio (FAR) shall not exceed 0.20.
3.
Front yards shall have a minimum depth of 75 feet. No parking area
shall be permitted within the required front yard.
4.
Side yards shall have a minimum width of 18 feet each, except that
driveways and parking areas shall not be within seven feet of the
side line.
5.
Rear yards shall have a minimum depth of 100 feet if parking and
off-street loading is to be provided in the rear of the building and
shall have a minimum depth of 50 feet in any case.
6.
An attached group of store buildings to include but not limited to
retail sales establishments, retail sales establishments neighborhood,
retail service establishment, retail store convenience, restaurant,
and restaurant fast food may be considered as one building in applying
the above yard space requirements.
7.
A densely planted area composed of evergreens at least 10 feet in
width and initially at least six feet in height shall be created along
any side or rear property line which is adjacent to any residential
zone or any existing residential use except where to do so would interfere
with the site triangle.
8.
Maximum building size: 20,000 square feet.
[Ord. No. 2012-06 § 13-12.6]
Lot coverage shall not exceed 50% of unconstrained lands.
[Ord. No. 2012-06 § 13-12.7]
The required minimum number of parking spaces shall be as follows:
|
Type of Use
|
Parking Spaces
|
|---|---|
|
Retail sales establishments, retail sales establishments neighborhood,
retail sales convenience, retail service establishments
|
1/200 sq. ft. GFA
|
|
Sports and health center
|
1/200 sq. ft. GFA
|
|
Financial institutions
|
1/225 sq. ft. GFA
|
|
Financial institutions with drive-up windows
|
1/250 sq. ft. GFA plus 8 lane spaces per drive-up window
|
|
Office, business
|
1/250 sq. ft. GFA
|
|
Business offices
|
1/200 sq. ft. GFA
|
|
Medical offices
|
1/150 sq. ft. GFA
|
|
Restaurants
|
1/3 seats
|
|
Restaurants (fast food)
|
1/100 sq. ft. GFA
|
|
Clubs, houses of worship and public assembly uses
|
1/2.5 seats
|
|
Theaters
|
1/3 seats
|
|
Mortuary or funeral home
|
1/50 sq. ft. GFA
|
|
Residential
|
2/dwelling unit
|
|
For uses not listed above, the standard which applies to the
most similar use shall apply.
| |
[Ord. No. 2012-06 § 13-12.8]
See § 13-17.
[Ord. No. 2012-06 § 13-12.9]
Each commercial use shall provide an off-street loading space
on the side or rear of the principal structure at the rate of one
accessible space ten-foot-by-thirty-five-foot off-street loading space
with adequate ingress and egress for each 5,000 square feet of gross
floor area (GFA) or fraction thereof in each structure.
[Ord. No. 2012-06 § 13-13.1;
amended 5-18-2021 by Ord. No. 2021-12; 2-21-2023 by Ord. No. 2023-05]
a.
Light industrial uses.
b.
Offices.
c.
Scientific or research laboratories devoted to research, design or
experimentation and processing and fabrication incidental thereto.
d.
Warehousing provided such activities and inventories are conducted
entirely within an enclosed structure, or are conducted in open yard
areas which are adequately screened from view from adjacent lots and
roads.
e.
Wholesale establishments.
g.
Public facility subject to concept plan review by the Land Use Board.
h.
Public open space.
i.
Self-storage.
j.
Class 1, Class 2, Class 3, and Class 4 cannabis license establishments as defined in P.L. 2021, c. 16 known as the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act codified at N.J.S.A. 24:6I-31 et seq., subject to Chapter 15 governing cannabis establishments operating within Lafayette Township.
[Added 5-18-2021 by Ord. No. 2021-12; amended 2-21-2023 by Ord. No. 2023-05]
[Ord. No. 2012-06 § 13-13.2]
None.
[Ord. No. 2012-06 § 13-13.3]
[Ord. No. 2012-06 § 13-13.4]
[Ord. No. 2012-06 § 13-13.5]
a.
A minimum lot of three acres shall be required where it can be demonstrated
that such area is sufficient to accommodate the potable water and
sanitary sewage disposal needs of the use and where it can be demonstrated
that there is a minimum of one-half acre of contiguous unconstrained
land which is of a shape that can reasonably accommodate a building,
a well and a septic system. Larger lot sizes may be required for certain
uses in order to assure that the carrying capacity of the lot complies
with the standards established in the Lafayette Township Master Plan
and Wastewater Management Plan.
b.
The total gross floor area shall not exceed 20% of the total lot
area.
c.
There shall be a front yard of at least 100 feet and a rear yard
of at least 50 feet.
d.
Side yards shall have a minimum width of 50 feet.
e.
There shall be at least 200 feet frontage on a street.
f.
Impervious surface shall not exceed 50% of the unconstrained lands.
g.
Where a lot abuts a residential zone, the lot shall have a 100-foot-wide
densely planted buffer with evergreen plantings at least six feet
in height and 10 feet in width adjacent to the residential zone line.
No surface structures, parking areas or driveways shall be permitted
in the buffer.
[Ord. No. 2012-06 § 13-13.7]
a.
The required minimum number of parking spaces shall be as follows:
|
Type of Use
|
Parking Spaces
|
|---|---|
|
Light industrial
|
1/400 sq. ft. GFA
|
|
Office, business
|
1/250 sq. ft. GFA
|
|
Medical offices
|
1/150 sq. ft. GFA
|
|
Scientific or research laboratories
|
1/300 sq. ft. GFA
|
|
Wholesale establishment/warehouses
|
1/500 sq. ft. GFA
|
|
Self-storage
|
1/100 storage units plus 1 for office space
|
|
For uses not listed above, the standard which applies to the
most similar use shall apply.
| |
b.
Where it is demonstrated that a lesser number of parking spaces is
adequate for a specific use, the Land Use Board may allow for a relaxation
of the parking standard subject to the following:
1.
That a conforming parking area design be shown which accommodates
the full number of required spaces.
2.
That the portion of the parking area considered for future parking
shall be landscaped.
3.
That if additional parking area is required in the future, the area
reserved for parking shall be converted to a parking area at the property
owner's expense.
c.
Parking areas shall be permitted in the side or rear yards only but
in no case closer than 25 feet to any side property line and no closer
than 50 feet to any rear property line except that up to 10% of the
required parking area to be reserved for visitors may be permitted
in front of the building provided the visitor parking area is not
closer than 100 feet to the front property line.
[Ord. No. 2012-06 § 13-13.8]
a.
Off-street loading is to be located in the side or rear of the building.
A buffer strip consisting of a screened wall, screened fence, or dense
screen planting shall be created which will obscure vision of the
loading area from the public roadway.
b.
Off-street loading shall be located so that no parking area, driveway
or street right-of-way is at any time used by parked vehicles or for
the final maneuvering of vehicles into the loading space. Each space
shall measure a minimum of 12 feet in width by 45 feet in length with
15 feet of vertical clearance.
c.
Each use shall provide sufficient off-street loading facilities to
accommodate the type vehicles used for the delivery and distribution
needs of that use. The following uses shall have these minimum requirements:
1.
Manufacturing, fabrication, assembly and laboratory operations, a
minimum of one space with a second space required at 30,000 square
feet of gross floor area plus one space for each multiple of 30,000
square feet thereafter.
2.
Warehouses shall have at least one space with a second space required
at 20,000 square feet of gross floor area plus one space for each
multiple of 20,000 square feet thereafter.
3.
Office buildings and clinics shall have at least one designated area
for loading and unloading that may have smaller dimensions than those
outlined above except that when the gross floor area reaches 10,000
square feet, at least one loading space is required with a second
space required at 50,000 square feet of gross floor area plus one
space for each multiple of 50,000 square feet thereafter.
[Ord. No. 2012-06 § 13-13.9]
See § 13-17.
[Ord. No. 2012-06, reserved
by Ord. No. 2018-05]
[Ord. No. 2012-06 § 13-13B.1]
a.
Single-family detached dwelling units.
[Ord. No. 2012-06 § 13-13B.2; Ord. No. 2018-17 § 2]
a.
Public facilities subject to a concept review by the Land Use Board.
[Ord. No. 2012-06 § 13-13B.3; Ord. No. 2015-16 § 2; Ord. No. 2016-19 § 4]
Accessory structures and buildings shall not be located in the
required front yard; shall be at least 10 feet from the principal
structure; and shall comply with side and rear yard setbacks set forth
in the table below:
|
Setbacks for Accessory Structures
| |
|---|---|
|
Side
|
10 Feet
|
|
Rear
|
20 Feet
|
[Ord. No. 2012-06 § 13-13B.4]
[Ord. No. 2012-06 § 13-13B.5]
Parking shall be provided as required in the New Jersey Residential
Site Improvement Standards.
[Ord. No. 2012-06 § 13-13B.6]
Signs shall be permitted pursuant to § 13-17 of this chapter.
[Ord. No. 2012-06 § 13-13B.7]
[Ord. No. 2012-06 § 13-13C.1]
[Ord. No. 2012-06 § 13-13C.2;
amended 8-3-2021 by Ord. No. 2021-18]
The maximum building size for any commercial building in the
GOZ shall be the size specified in the underlying zoning, except that
the size shall not, irrespective of what the underlying zoning may
allow, exceed 20,000 square feet, except that this limitation shall
not apply to the LI District portion of the GOZ.
[Ord. No. 2012-06 § 13-13C.3]
The regulations for the GOZ apply to the zones and property
located within the Lafayette Gateway Boundary as set forth on the
map titled "Gateway Overlay Zone, Township of Lafayette, Sussex County,
New Jersey" prepared by H2M Group, dated 8-6-07 and attached as Exhibit
"B." (The Exhibit may be found on file in the Borough offices.)
[Ord. No. 2012-06 § 13-13C.4]
All determinations regarding the use of land in the GOZ shall
be controlled by the requirements and restrictions of the underlying
zoning. Other than what is specified in this section, the GOZ shall
have no affect on existing zoning and land use regulations. Where
a conflict appears to exist between the GOZ and the underlying zone
requirements, the more restrictive zoning regulation shall apply.
[Ord. No. 2012-06 § 13-13D.1]
a.
Office, business.
b.
Office, medical.
c.
Financial institutions.
d.
Retail sales establishments.
e.
Retail sales establishment neighborhood.
f.
Retail services establishments.
g.
Specialty stores.
h.
Restaurants.
i.
Agricultural uses.
j.
A mixed-use development comprised of residential dwelling units above
first-floor retail stores.
k.
Public utility uses.
l.
Public facility.
m.
Child care centers.
n.
Open space.
o.
Retail store convenience.
[Ord. No. 2012-06 § 13-13D.2]
[Ord. No. 2012-06 § 13-13D.4]
a.
Multiple buildings and multiple permitted principal uses on a lot
shall be allowed.
b.
Minimum lot size: Three acres.
c.
Maximum floor area ratio: 0.18.
d.
Maximum Height. No structure shall contain more than 2 1/2 stories or be greater than 35 feet in height except as provided in Subsection 13-6.8.
e.
Maximum Lot Coverage. Lot coverage shall not exceed 50% of the unconstrained
land.
f.
Building Setback from the Roadway.
1.
Buildings fronting on Route 15/Route 94 shall have a minimum setback
of 15 feet and a maximum setback of 25 feet.
2.
Buildings fronting on local streets shall have a minimum setback
of zero feet and a maximum setback of 15 feet.
3.
Parking and circulation aisles between the building and the street,
which abut the front property line, are prohibited.
g.
Side yards shall have a minimum width of 15 feet.
h.
Rear yards shall have a minimum of 75 feet in depth.
i.
Maximum building size: 20,000 square feet.
j.
New building and modifications to the existing buildings shall be of an architectural style that is compatible with the predominant style of the existing buildings in the Gateway Overlay Zone. Newer buildings shall be designed in accordance with the design standards listed in Subsection 12-8.3f.
k.
A minimum fifteen-foot-wide landscaped buffer is required along the
frontage of Route 15. The landscaped buffer may consist of a variety
of landscaping materials, walls and berms to create an attractive
edge.
l.
Local streets shall have a minimum four-foot-wide sidewalks and a
four-foot-wide planting strip. The planting strip shall be comprised
of grass and street trees.
[Ord. No. 2012-06 § 13-13D.5]
a.
Minimum parking area setback from building, including parking spaces
and service aisles, is 10 feet except for off-street loading areas.
b.
Driveways shall be located at a minimum distance of 10 feet from
a side or rear property line. The distance between the driveway and
the property line shall be landscaped as provided in the design standards
for this area. Where shared parking is provided, two-way driveways
may straddle the common property line or provide no setback to a side
or rear lot line.
c.
Driveways designed for one-way traffic shall have a minimum width
of 10 feet and a maximum width shall be 12 feet on roads within the
jurisdiction of the Township.
d.
Driveways designed for two-way traffic shall have a minimum width
of 18 feet and a maximum width shall be 24 feet on roads within the
jurisdiction of the Township.
e.
The required minimum number of parking spaces shall be as follows:
|
Type of Use
|
Requirement
|
|---|---|
|
Retail sales establishments, retail sales establishments neighborhood,
retail service establishments, specialty stores
|
1/250 sq. ft. GFA
|
|
Office, business
|
1/200 sq. ft. GFA
|
|
Office medical
|
1/150 sq. ft. GFA
|
|
Restaurants
|
1/3 seats
|
[Ord. No. 2012-06 § 13-13D.6]
Signs permitted in the Village commercial, VC Zone and Highway Commercial HC Zone according to Subsection 13-17.13 of the Lafayette General Ordinance shall apply to the Gateway Commercial District. Freestanding and/or monument signs as regulated in this district are permitted within this area, provided such signs are no closer than five feet to the front lot line and are placed in a manner that will not reduce sight distance at any driveway. All signs must comply with § 13-17 of the Lafayette General Ordinance.
[Ord. No. 2012-06 § 13-13D.7]
a.
All loading and unloading operations will be conducted entirely within
the boundaries of the lot concerned, and no vehicle shall use public
streets, sidewalks or rights-of-way for loading and unloading operations.
b.
Off-street loading space shall be provided in the side or rear of
the principal building at the rate of one space for each 5,000 square
feet of floor area or fraction thereof in each building. Shared loading
and unloading areas are encouraged wherever possible.
c.
Each loading space shall be 12 feet wide and 35 feet in depth.
[Ord. No. 2012-06 § 13-13E.1]
The purposes for ridgeline and hillside protection include protection
of community character, which is, in part; defined by scenic views
and vistas of the Township's hilly and mountainous terrain. These
features in the terrain establish the setting and essential character
of a community.
Ridgeline and hillside viewsheds and vistas are valued assets
of the landscape which require protection from destruction, diminution
and loss that can result in visually undesirable impacts of development.
Lafayette Township's unique topography is characterized by sloped
hillsides and distant ridgelines, which meet areas of lesser slope,
near the top of hills. This line where the hillside meets the edge
of the change in slope is perceived to be the ridgeline (top of the
hill) when viewed from the public way or public areas or public open
space. Undisturbed sloped hillsides enhance Lafayette's ridgeline
and hillside viewshed, and these hillside areas contribute heavily
to the undisturbed quality of these distant views.
Development along the ridgeline and side slopes of hills at
elevations near and proximal to the elevation of the ridgeline results
in undesirable visual impacts and changes in valuable views and vistas.
A "ridgeline and hillside viewshed protection area" is identified,
which includes ridgeline and hillside topography located above approximately
640 feet elevation. The purpose of ridgeline protection in Lafayette
Township includes protection of slopes, forested and open areas and
views of these features found within the ridgeline and hillside viewshed
protection area. Development controls are designed to prevent such
undesirable visual impacts and in other cases to limit disturbance
and minimize the visual impact of permitted development to the extent
reasonably achievable.
The regulation of development within the ridgeline and hillside
protection area is intended to promote a desirable visual environment
through good civic design and arrangements by requiring development
to be sited behind existing vegetation and requiring the establishment
of vegetated buffers ('areas of protection') to screen proposed development
within ridgeline and hillside viewshed protection areas from public
view in accordance with the purposes of zoning, which are found at
N.J.S.A. 40:55D-2.
The purpose of ridgeline and hillside viewshed protection includes
the tree and forest protection, the maintenance of views of open agricultural
fields and minimizing land disturbance within the defined ridgeline
and hillside viewshed protection area, except as otherwise specifically
permitted under this section. This ridgeline and hillside viewshed
protection ordinance seeks to protect the scenic views and vistas
of vegetated areas and open fields located within the Ridgeline and
Hillside Viewshed Protection Area as viewed from the public way, public
area or public open space.
a.
Municipal Land Use Law Purposes. The public purposes for ridgeline
and hillside protection are also derived from the purposes of zoning,
which are found in the Municipal Land Use Law at N.J.S.A. 40:55D-2.
The following purposes of the law reinforce the local rationale for
ridgeline and hillside protection and the objective of preserving
the view of the ridgelines and hillside views for the benefit of the
general public.
1.
To ensure that the development of individual municipalities does
not conflict with the development and general welfare of neighboring
municipalities, the County and the State as a whole (N.J.S.A. 40:55D-2d).
2.
To provide sufficient space in appropriate locations for a variety
of residential uses and open space, both public and private, according
to their respective environmental requirements in order to meet the
needs of all New Jersey citizens (N.J.S.A. 40:55D-2g).
3.
To promote conservation of open space and valuable natural resources
in the State and to prevent urban sprawl and degradation of the environment
through the improper use of land (N.J.S.A. 40:55D-2j).
[Ord. No. 2012-06 § 13-13E.2; Ord. No. 2018-06 § 1]
This section applies to all properties within the boundaries of the Township of Lafayette that lie within the Ridgeline and Hillside Viewshed Protection Area as defined in § 13-5.
a.
The requirements, guidelines and controls promulgated under this
section shall be applicable to site plan and subdivision applications,
driveway permits and building permits for new buildings. The Lafayette
Township Land Use Board shall review all plans submitted under this
section as part of any application for site plan, subdivision or variance
approval for any lands located entirely or partially within the Ridgeline
and Hillside Viewshed Protection Area. The Construction Official shall
refer applications for zoning permits, building permits, or driveway
permits on parcels of land situated within the Ridgeline and Hillside
Viewshed Protection Area to the Board Engineer for review to assure
compliance with this section.
[Ord. No. 2018-06 § 1]
b.
Within the Ridgeline and Hillside Viewshed Protection Area, all of
the underlying land use regulations shall remain in effect, except
as they are specifically modified by this section. In the case of
a conflict between this section and any other section of the chapter,
this section shall control.
c.
In the case of an application for subdivision approval in the Ridgeline
and Hillside Viewshed Protection Area, conventional subdivision design
is encouraged to avoid the over concentration of development and it's
potentially negative visual impacts.
d.
Review Fees. All applications for development including subdivision
approval, site plan approval, a zoning permit, building permit or
driveway permit for lands situated entirely or partially within the
Ridgeline and Hillside Viewshed Protection Area shall be accompanied
by a review escrow or review fee of $500.
[Ord. No. 2012-06 § 13-13E.3; Ord. No. 2015-11 § 1; Ord. No. 2018-06 §§ 2—6]
a.
Requests for Zoning Permits, Driveway Permits and/or Building Permits.
[Ord. No. 2015-11 § 1]
1.
Applicants for zoning permits, driveway permits and/or building permits
where no approvals from the Land Use Board are required shall initially
determine whether the ridgeline and hillside area depicted on a map
entitled "Ridgeline and Hillside Viewshed Protection Area," (March
24, 2009) adopted by this section, is within 100 feet of the property
which is the subject of the building permit application and shall
depict all Ridgeline and Hillside Viewshed Protection Areas as shown
on the map which are on or within 100 feet of applicant's property.
The determination of the presence of all ridgeline areas above- mentioned
shall be done on a map provided by the applicant with topography depicted
at two-foot contour intervals. All determinations by the applicant
concerning the location of ridgelines shall be subject to the review
and approval of the Board Engineer. In addition, the applicant shall
initially determine and then depict on a map all Ridgeline and Hillside
Viewshed Protection Areas as defined in this section on or within
100 feet of the property which is the subject of the application.
The applicant shall utilize a sketch to define the area of protection
within or adjacent to the Ridgeline and Hillside Viewshed Protection
Area as set forth in Figure 1. The sketch set forth in Figure 1 below
depicts the manner in which buffer treatments are to be retained or
provided as may be appropriate to maintain an undisturbed view of
the Ridgeline and Hillside Viewshed Protection Area. The maps and
sketches above-mentioned shall be at a scale of one inch equals 50
feet and shall be provided by the applicant with the topography depicted
at two-foot contour intervals. All determinations by the applicant
concerning the location of the Ridgeline and Hillside Viewshed Protection
Areas shall be subject to review and approval of the Board Engineer.
[Ord. No. 2018-06 §§ 2,
3]
|
Figure 1
|
|---|
 |
2.
If it is then determined that a parcel in question is located within
the Ridgeline, and Hillside Viewshed Protection Area, no permit shall
be issued until a Ridgeline and Hillside Viewshed Protection Area
Certificate of Compliance is issued. A Certificate of Compliance will
document that the proposed activity has received the regulatory approval
for the proposed construction within the Ridgeline and Hillside Viewshed
Protection Area. The Certificate of Compliance shall be required,
when applicable, as a condition for the issuance of a building permit
for properties located within the Ridgeline and Hillside Viewshed
Protection Area.
3.
Where it is clearly demonstrated to the satisfaction of the Board Engineer, on a plan as required in this section, that the proposed development: (1) will not negatively impair the visual character of the Ridgeline and Hillside Viewshed Protection Area; (2) the proposed development does not involve subdivision, site plan, conditional use, variance or other Land Use Board approval; and (3) the proposed development complies with the general requirements and design requirements, standards and limitations set for in Subsection 13-13E.4b and Subsection 13-13E.8 pursuant to a plan submitted to the Board Engineer; a Ridgeline and Hillside Viewshed Protection Area Certificate of Compliance may be issued administratively by the Board Engineer.
[Ord. No. 2018-06 § 4]
4.
If an application for development with the Township Ridgeline and
Hillside Viewshed Protection Area does not comport with the requirements
of this section, an application shall be made to the Lafayette Township
Land Use Board.
5.
The fees for an application for a Certificate of Compliance from the Board Engineer, and the fees for an application to the Lafayette Township Land Use Board for determination regarding the Ridgeline and Hillside Viewshed Protection Area shall be as set forth in §§ 14-5 and 14-6, and Schedules H & I.
[Ord. No. 2018-06 § 5]
b.
Site Plan, Subdivision and Variance Applications to the Land Use
Board.
1.
All applicants for site plan, subdivision and/or variance approval
are encouraged to submit conceptual development plans to the Land
Use Board prior to incurring the expense of fully engineered designs
for development.
2.
Applicants to the Land Use Board shall initially determine whether
the ridgeline area depicted on the map entitled "Ridgeline and Hillside
Viewshed Protection Area," dated March 2009, adopted by this section,
is within 100 feet of the property which is the subject of the application
and shall depict all ridgeline areas as shown on said map which are
on or within 100 feet of applicant's property. In addition, the applicant
shall initially determine and then depict on a map all ridgeline and
hillside viewshed protection areas as defined in this section on or
within 100 feet of the property, which is the subject of the application.
The applicant shall utilize a sketch to define the area of protection
for Ridgeline and Hillside Viewshed Protection Areas as set forth
in Figure 1.
3.
The maps and sketches above-mentioned shall be at a scale of one
inch equals 50 feet and shall be provided by the applicant with the
topography depicted at two-foot contour intervals. All determinations
by the applicant concerning the location of the ridgeline area and
the Ridgeline and Hillside Viewshed Protection Areas shall be subject
to review and approval of the Board Engineer.
[Ord. No. 2018-06 § 6]
[Ord. No. 2012-06 § 13-13E.4; Ord. No. 2018-06 § 7—9]
a.
Standards of Review.
1.
Applicants for construction on properties to which this section applies
shall demonstrate to the satisfaction of the Land Use Board or Board
Engineer, as the case may be, that the proposed buildings or structures
will not extend above the predominant tree line along and within the
Ridgeline and Hillside Viewshed Protection Area.
[Ord. No. 2018-06 § 7]
b.
Viewshed Protection Requirements.
1.
Applicants for construction within the Ridgeline and Hillside Viewshed
Protection Area as depicted on the map submitted by the applicant
as set forth above and approved or confirmed by the Board Engineer
and shall demonstrate to the satisfaction of the Land Use Board and
Board Engineer, as the case may be, that all construction within the
Ridgeline and Hillside Viewshed Protection Area shall maintain the
view of vegetated hills and open fields as viewed from the public
way, public areas or public open space.
[Ord. No. 2018-06 § 8]
2.
Views of Ridgeline and Hillside Viewshed Protection Areas are to
be protected permanently by screening development from view behind
existing woodland and forest vegetation or through the establishment
of landscaped buffer plantings of indigenous deciduous and coniferous
trees.
3.
Development constructed within Ridgeline and Hillside Viewshed Protection
Areas shall utilize materials which are designed to camouflage the
appearance of the structure within the landscape and viewscape. The
use of earth tone colors and textures on roofing and siding shall
be required to protect Ridgeline and Hillside Viewshed Protection
Area vistas and reinforce the integrity of these views. In addition,
building heights shall be adjusted, road network oriented in such
a way to eliminate visibility from the public way or preserved areas
and other innovative and flexible design and development methodologies
employed as required by the Land Use Board with the active participation
of the applicant.
5.
Development shall be sited behind and below visual buffers such as
trees, ridgelines and other topographic features. The height and location
of development shall not alter the views of, and from, the natural
ridgeline. An areas of protection shall be established and maintained,
which shall include existing forested areas. Where proposed development
requires the establishment of areas of protection, applicants shall
establish a planted area of protection to visually screen development.
Areas of protection shall be established to screen development as
viewed from the view line extending between all public areas, public
ways and public views and the Ridgeline and Hillside Viewshed Protection
Area. Areas of protection shall be placed in perpetual conservation
easement areas.
6.
Areas of Protection — Always required. Where existing vegetation
does not establish an effective area of protection to shield development
from public view, reforestation shall be provided in accordance with
the following requirements and planting schedule so as to establish
an effective visual buffer screen and area of protection. All planting
stock shall be deer-resistant, native, indigenous species, and subject
to review and approval by the Land Use Board and/or Board Engineer:
[Ord. No. 2018-06 § 9]
(a)
Deciduous trees shall be not less than two to two-and-one-half
inches caliper (dbh) at the time of planting, and
(b)
Coniferous trees shall be not less than six feet to 10 feet
in height at the time of planting.
(c)
Understory shrubs shall be a minimum of four to five feet in
height at the time of planting.
(d)
Plantings shall be provided at a rate of not less than 250 trees
and not less than 350 shrubs per acre. An even mix of deciduous and
coniferous trees shall be provided.
(e)
A two-year maintenance guarantee shall be provided on all planting
stock.
(f)
Tree and shrub deer protection shall be provided and maintained
for two years to protect all plantings within the reforested area
of protection.
(g)
The minimum planted width of the area of protection shall be
not less than 50 feet wide, with width being defined as the dimension
measured perpendicular from the outermost edge of the area of protection
facing the public view toward the innermost edge of the area of protection
facing the building, structure or disturbance within the Ridgeline
and Hillside Viewshed Protection Area that is to be screened from
public view.
7.
Notwithstanding the requirements of this section, the Board may require
additional planting materials and/or limit the amount of clearing
adjacent to proposed development to provide screening and to maintain
a forested backdrop to ensure that ridgelines and hilltops remain
wooded.
[Ord. No. 2012-06 § 13-13E.5]
Subdivision plats shall be required to provide appropriate deed
restrictions and conservation easement areas to protect Ridgeline
and Hillside Viewshed Protection Areas, areas of protection and any
environmentally critical areas that may exist.
[Ord. No. 2012-06 § 13-13E.6; Ord. No. 2018-14 §§ 1—3]
The following activities are exempt from the Ridgeline and Hillside
Viewshed Protection Area requirements:
a.
Planting of trees, landscaping and/or screening associated with any
use or development, not involving the removal of any trees.
b.
Agricultural activities as provided in accordance with the Right
to Farm Act.
c.
Forestry activities when conducted in accordance with approved Forestry
Management Plan regulated by the New Jersey Department of Environmental
Protection — Division of Parks and Forestry or New Jersey Forest
Service.
d.
No certificate of compliance shall be required for an addition to
an existing dwelling or garage 500 square feet or smaller located
within the Ridgeline and Hillside Viewshed Protection Area except
when such addition shall increase the footprint and/or gross floor
area of a dwelling by more than 35%. Incremental additions occurring
after the date of adoption of this section (February 16, 2010), which
result in a cumulative increase in footprint or floor area of 500
square feet beyond the footprint or floor area of the dwelling as
of February 16, 2010, shall be permitted only when such certificate
of compliance has been received. Construction of new accessory structures
such as detached garages in excess of 500 square feet on existing
developed lots of record as of February 16, 2010, within the Ridgeline
and Hillside Viewshed Protection Area shall require the issuance of
a Ridgeline and Hillside Viewshed Protection Area certificate of compliance
prior to the issuance of a building permit.
[Ord. No. 2018-14 § 1]
e.
Notwithstanding the building height limits established in this section,
no certificate of compliance shall be required for an addition to
an existing dwelling or garage located within the Ridgeline and Hillside
Viewshed Protection Area that results in an increase in building height
of five feet or less. Incremental building height additions occurring
after the date of adoption of this chapter (February 16, 2010), which
result in a cumulative increase in height more than five feet of an
existing building height as of February 16, 2010, shall be permitted
only when a Ridgeline and Hillside Viewshed Protection Area certificate
of compliance has been received.
f.
Removal of 10 or fewer trees with a four-inch caliper (dbh) or less
shall be exempt from the requirements of this section.
[Ord. No. 2018-14 § 2]
[Ord. No. 2012-06 § 13-13E.7; Ord. No. 2014-10 § 5]
No building or structure shall exceed 30 feet in height.
[Ord. No. 2012-06 § 13-13.8; Ord. No. 2018-06 § 10]
a.
Building Placement. Buildings shall be located behind and below visual
buffers (the area of protection) in the Ridgeline and Hillside Viewshed
Protection Area. The Land Use Board may, upon review, approve the
location of buildings in areas of the Ridgeline and Hillside Viewshed
Protection Area where the trees on the lot exceed 40 feet in height
and can be demonstrated to establish an effective area of protection
as a buffer or visual screen to prevent the view of development from
public areas, the public way or public open space. These areas of
protection as required herein shall be maintained or established and
placed in conservation easement to remain undisturbed. The area of
protection shall include a deed restriction against tree removal.
1.
Buildings shall be designed to be compatible with the natural setting.
2.
All buildings should be oriented in a manner that preserves the view
line between any public view, public way or public area and the Ridgeline
and Hillside Viewshed Protection Area.
3.
The concentration of home sites and cleared areas within the Ridgeline and Hillside Viewshed Protection Area shall be avoided. Cleared areas on individual lots shall be separated by a distance of at least 250 feet (see limits on clearing and disturbance in Subsection 13-13E.8c).
4.
In the case of development proposed in parcel of land including open field(s), development shall be sited behind and below existing trees in wooded portions of the lot and open fields shall be maintained. Where a parcel of land contains only open field(s), areas of protection shall be established to screen development from the public view. See Figure 1 and Subsection 13-13E.4b.
b.
Architecture. All applicants for site plan, subdivision, variance
or building permit shall submit architectural plans for proposed buildings
for review of consistency with the architecture requirements set forth
in this section. Buildings and structures shall be designed to conform
to the requirements this section (see Figures 2, 3 and 4 below), and
to be compatible with the natural surroundings of the area using the
following techniques:
1.
Varied setbacks, roof lines, building forms and low retaining walls
which blend structures into the terrain shall be used.
|
Figure 2
|
|---|
 |
2.
Rooflines shall be broken into smaller components to reflect the
natural ridge patterns and shall be oriented in the same direction
of the slope of the contour.
3.
Varied rooflines shall serve to reduce the scale of the building
and provide for interesting design.
|
Figure 3
|
|---|
 |
4.
No rooftop mechanical equipment for heating, cooling or other purposes
shall be permitted. Rooftop solar collection panels shall be permitted.
5.
Buildings shall use articulation (i.e., insets, pop-outs, etc.) and
roof orientation as a means to avoid the creation of large massing
of buildings.
6.
Windows, balconies, and outdoor living areas shall be located to
protect the privacy of adjacent homes and yards.
7.
Building materials and colors shall be compatible with the natural
setting. Exterior colors shall be limited to earth tones and materials
shall be non-reflective. The color, material and texture palette shall
be reinforced with compatible landscaping. Building materials shall
conform to the requirements of this section. Samples of the color,
material and texture palette shall be submitted to the Land Use Board
for approval.
8.
Patios, pools and ancillary structures shall be screened from public
view.
c.
Site Grading and Disturbance.
1.
All site disturbance on any individual lot shall be limited to 20,000
square feet.
2.
Grading shall be limited to which is necessary to construct buildings,
driveways and usable open space. Grading cut/fill volume shall be
limited to not more than 100 cubic yards of soil removal or fill.
3.
Grading shall be designed to conserve natural topographic features
and appearances by sculpting the land to blend slopes and benches
with natural topography and retain major natural topographic features,
including natural drainage courses, prominent knolls, ravines, wildlife
habitats and existing vegetation.
4.
Excavation is prohibited in environmentally critical areas.
5.
The overall slope, height or grade of any excavation or fill slope
shall be developed to appear similar to the natural contours in scale
with the natural terrain of the site.
Minimize lowest finished grade height to ensure building follows
slope
|
Figure 4
|
|---|
 |
|
Minimize lowest finished grade height to ensure building follows
slope
|
6.
Following all grading and development activity, and prior to the
issuance of a certificate of occupancy, all graded and cleared areas
shall be restored as closely as possible to its original topography,
which restoration shall include the reestablishment of vegetation.
7.
No excavation or other earth disturbance shall be permitted within
the Ridgeline and Hillside Viewshed Protection Area.
d.
Landscaping.
2.
Existing vegetation shall be retained wherever possible and shall
be used to soften structural mass and help blend buildings into the
natural setting and to minimize their visibility. All development
shall minimize the removal of native vegetation including the opening
up of scenic views and panoramas for the benefit of a private property
owner.
3.
The removal of all trees within a section of forest, or thinning
of trees on any area located within the Ridgeline and Hillside Viewshed
Protection Area is prohibited, except in conjunction with an approved
site plan, subdivision, variance or certificate of approval for a
development permit.
4.
Subject to Land Use Board approval, tree removal may be permitted
for the purpose of constructing pedestrian trails, which shall not
exceed a width of six feet.
e.
Lighting.
1.
External lighting shall be of a concealed source type, which directs
light to the ground to minimize light pollution and sky glow.
2.
The light source of any exterior lighting, where installed and used,
shall be downward directed and shall not be visible from off site.
All exterior lighting installations shall be subject to an in-service
lighting inspection by the Board Engineer prior to the issuance of
a certificate of occupancy, and lighting fixtures shall be fitted
with side shielding as may be directed by the Board Engineer.
[Ord. No. 2016-13 § 2; Ord. No. 2018-10 §§ 1—3]
The purpose of the R-5 Cemetery Overlay Zone is to permit cemetery
use in the R-5 Zone on larger tracts of land with County and State
highway access to serve a range of coordinated uses for comprehensive
cemetery planning and development in accordance with Lafayette Township's
land use protection objectives and ordinances.
b.
Minimum tract size: 70 acres.
c.
Location: Tract shall have not less than 1,000 feet of frontage on
a State highway and 1,000 feet of separate frontage on a County highway.
d.
Permitted Cemetery Uses, Accessory Uses and Accessory Structures.
1.
Permitted cemetery uses include all typical cemetery services, including,
but not limited to committal services, burial services, scattering
services, memorial services, prayer services, Military Honors, sunrise
services, holiday services and religious services and other commemorative
services which may include music as well as temporary facilities required
to support said events. Cemetery use may include Audubon or other
natural designations and walking paths or arboretum trails.
2.
Permitted accessory uses shall include all uses typically undertaken
at a cemetery including but not limited to offices, maintenance yards,
the stockpiling and removal of soil, the disposal of cremated remains,
the memorialization of the dead by way of religious or other memorial
services, the installation of features and monuments including, but
not limited to gates, head markers, gravestones, statues, terraced
walls, gardens, flags, fountains, water features and other such customary
items, on-site outdoor storage of equipment.
3.
Permitted accessory structures shall include any structure typically found at a cemetery which shall include but not be limited to buildings for meetings and gatherings, buildings for storage of maintenance equipment, offices, vaults, columbaria, mausoleum buildings (both public and private), pavilions or other open air structures for protection from the elements during a service, features and monuments including, but not limited to gates, head markers, gravestones, statues, terraced walls, gardens, flags, fountains, water features and other such customary items. Fences, gates, dumpsters, signage (including a main entrance sign) and lighting shall be permitted under Chapter 12, Land Use Standards. Notwithstanding the foregoing, signage and entranceways shall be permitted on each public right-of-way frontage.
e.
Access:
1.
Primary Access. Primary access shall be provided via an existing
driveway located on a County highway. A second primary access may
be provided from a State highway, subject to NJDOT approval and site
plan approval.
2.
Secondary Access. One secondary access driveway limited to maintenance,
service and administrative uses, and egress only shall be permitted
on a State highway and one on a County highway.
f.
Drainage. Sufficient data shall be provided to show that the drainage shall not create any erosion or flooding of adjacent lands and shall conform to stormwater management requirements found at Chapter 21, Stormwater Control of the Revised General Ordinances of the Township of Lafayette. It shall be demonstrated that adequate stormwater management and drainage facilities are provided for all existing and proposed impervious coverage.
g.
Impervious Coverage: 15% maximum permitted. The top/face of grave
monuments/markers/headstones and the foundations/ribbons for the monuments/
markers/headstones and paved driveways existing at the time of site
plan approval shall not be computed toward the maximum permitted impervious
coverage and lot coverage, provided, however, that such features are
less than 100 sq. ft. in area. Paved driveways, however, shall be
subject to stormwater management control requirements as part of the
overall stormwater management system for the cemetery.
h.
Landscaped Buffer.
1.
Residential Buffer. A minimum landscaped buffer at least 50 feet
in width shall be established and maintained adjacent to any residential
use, which shall effectively screen the cemetery use from view of
the adjacent residential use.
2.
Perimeter Buffer. A minimum landscaped buffer at least 100 feet in
width shall be established and maintained adjacent to any public road,
State, County or local.
3.
There shall be no new disturbance of existing forest, tree lines
and hedgerows that serve as the required buffer without prior site
plan approval. Clearing for access driveway shall be permitted, subject
to site plan approval; however, such clearing shall be limited to
the minimum amount necessary to construct such access driveways.
[Ord. No. 2018-10 § 1]
i.
(Reserved)
[Reserved by Ord. No. 2018-10 § 2]
j.
Any cemetery shall be permitted to construct, as an accessory use, a building for ceremonial services, mausoleum(s), and a building for storage of maintenance equipment. Such structures shall be buffered from view by an existing forested strip of land at least 50 feet in width located so as to buffer structures from off site, or such buffer shall be established at the time of site plan approval. The Board shall have the authority to grant relief from this standard in conjunction with the review procedures found at § 13-13E, Ridgeline and Hillside Viewshed Protection Overlay Zone.
k.
Minimum Setbacks:
2.
Permitted Accessory Buildings:
(a)
Two hundred feet from the property line or public right-of-way line, whichever is greater, provided that such accessory structure is situated above the 700 foot elevation contour line, subject to review in accordance with § 13-13E, Ridgeline and Hillside Viewshed Protection Overlay Zone.
(b)
Two hundred feet from any other property line.
3.
Parking and Access Roads. All designated parking areas and internal
access roads shall be set back from tract boundaries not less than
100 feet. To the extent that temporary parking may be required during
burial services, such parking may be permitted within 100 feet of
the tract boundary for enhanced access by the elderly or disabled.
4.
Stockpile and Maintenance Areas. All areas used for stockpiling of
material, soil and supplies and maintenance activities shall be set
back from property boundaries at least 100 feet from any public right-of-way
and 50 feet from any property boundary. The location and development
of all such areas shall be subject to site plan approval and shall
be screened from view off site through the use of a berms or fences
and/or landscaping as may be required by the Board.
l.
Lighting. Notwithstanding applicable ordinance standards for lighting,
there shall be no direct view of any light source from off site. Lighting,
including security and site identification may be permitted dusk to
dawn and shall be controlled by timers, subject to site plan approval.
m.
Total Site Disturbance. For the purpose of this standard, the site
disturbance and grading limits found at 13-13E, Ridgeline and Hillside
Viewshed Protection Overlay Zone are not applicable to this Cemetery
Overlay Zone and "new disturbance" shall be defined as areas of the
property that have not been previously disturbed for agriculture or
other use as indicated on 1992 aerial photography. New disturbance
shall be limited to 10% of the gross site area; however, all such
disturbance shall be subject to site plan approval and shall not contravene
the purposes of perimeter buffering of the tract. Further, existing
hedgerows and forested slopes in excess of 15% shall not be disturbed
except for site access as may be approved by the Board.
[Ord. No. 2018-10 § 3]
[Added 7-6-2021 by Ord. No. 2021-16]
The IMF Inclusionary MultiFamily Overlay Zone shall include
Block 8, Lots 17.01, 17.02, 26.01, 26.02, 26.03 and 26.04.
[Added 7-6-2021 by Ord.
No. 2021-16]
a.
Purpose. The purpose of the IMF Inclusionary Multi-Family Overlay Zone is to provide an opportunity for the diversification of housing choices available in the Township of Lafayette by adding inclusionary multi-family rental housing as a supplemental development option to lands designated Block 8, Lots 17.01, 17.02, 26.01, 26.02, 26.04 and 26.05 that are currently developed as a retail outlet shopping center, a former school and a single-family residential home. It is the intention of this overlay zone to allow for the continuation of retail outlet shopping center uses and to supplement permitted uses to allow for individual office uses as defined per § 13-5 not exceeding 10,000 square feet within the existing shopping center. It is also the intention of this overlay zone to permit a maximum of 138 rental apartments including 28 affordable rental apartments of which up to six affordable apartments may be provided within existing retail buildings on site. This Overlay Zone is intended to maximize the efficient use of land while at the same time accommodating a diversity of nonresidential and residential uses on site.
b.
The IMF Overlay Zone establishes two separate use areas for Block
8, Lots 17.01, 17.02, 26.01, 26.02, 26.04 and 26.05 (The Shoppes at
Lafayette) including Inclusionary Multi-Family IMF -residential rental
apartment use oriented along Route 15 and on the northerly side of
the site and the HC shopping center use on the west-central and southerly
sides of the site. A maximum of 138 multi-family residential rental
apartments including 28 affordable apartments shall be permitted and
configured substantially similar to the concept plan for the site
attached hereto as Attachment 1,[1] dated June 2021, as follows:
1.
Three 36-unit rental apartment buildings oriented adjacent to Route
15, each including six affordable apartments (labeled Building 1,
2 and 3 on Attachment 1);
2.
One 24-unit rental apartment building on the north side of the site
including four affordable apartments (labeled Building 4 on Attachment
1); and
3.
Six affordable rental apartments that may be constructed within existing
retail/nonresidential buildings on site.
|
The remaining west-central and southerly portions of the site will remain retail shopping center with restaurant uses pursuant to HC Highway Commercial District zoning (§ 13-12) that may include individual office uses as defined at § 13-5 not exceeding 10,000 square feet All uses shall share infrastructure, including driveways, parking, sidewalks, wastewater disposal and potable water. On-site circulation shall be designed to discourage cut-through traffic between State Highways 15 and 94. On site circulation driveways shall be designed and include improvements to prevent headlight glare impacts on residential units.
|
[1]
Editor's Note: Attachment 1 may be found in the Township offices.
c.
GOZ Gateway Overlay Zone regulations. Block 8, Lots 17.01, 17.02, 26.01, 26.02, 26.04 and 26.05 are included within the GOZ (§ 13-13C) and are subject to site plan standards for the GOZ (§ 12-8.3f). All determinations regarding the use of land shall be controlled by the requirements and restrictions of the IMF Overlay Zone and the HC District. GOZ standards not superseded by this section shall apply in the IMF Overlay Zone. Where a conflict appears to exist among the GOZ, the IMF Overlay Zone and underlying zone requirements, the more restrictive zoning regulation shall apply.
[Added 7-6-2021 by Ord.
No. 2021-16]
b.
Within the non-residentially developed area of the IMF Overlay, individual
professional and medical office uses are permitted with each leasable
office space not exceeding 10,000 square feet for a total of up to
30,000 square feet of the nonresidential floor area of the site.
[Added 7-6-2021 by Ord.
No. 2021-16]
a.
Affordable rental apartments shall be distributed throughout each
residential apartment building such that the affordable units are
evenly disbursed among each rental apartment building with six affordable
apartments per 36-unit apartment building and four affordable apartments
per 24-unit apartment building.
b.
Up to six of the required 28 affordable apartments may be established
within non-residential buildings existing on site.
[Added 7-6-2021 by Ord.
No. 2021-16]
a.
Wastewater Facilities. All development on Block 8, Lots 17.01, 17.02,
26.01, 26.02, 26.04 and 26.05 shall be served by an on-site wastewater
collection and treatment system wholly contained within the tract.
The Township of Lafayette assumes no responsibility for NJDEP
approvals for wastewater collection facilities except to cooperate
with the developer's efforts for approval of same, such as by providing
a resolution of support for the developer's application to the NJDEP
that may be required as part of an amendment to the Lafayette Township
Chapter of the Sussex County Wastewater Management Plan to extend
sewer collection lines to the District.
The capacity of an on-site wastewater collection and treatment
system is subject to negotiation with the Township Committee. Only
upon execution of a development agreement with the Township Committee
shall the Land Use Board approve development within the IMF Overlay,
provided that (1) the on-site collection and treatment system complies
with all applicable NJDEP regulations; and (2) the Land Use Board
finds that the proposed development complies with the development
requirements and standards in Lafayette Township's zoning, subdivision
and site plan ordinances.
The Land Use Board's approval shall be conditioned upon the
posting of a sufficient performance guarantee for the construction
and maintenance of an on-site wastewater treatment system.
b.
Potable water facilities. The applicant shall submit documentation
demonstrating that an adequate water supply is provided for which
sufficient performance guarantees shall be required for the construction
and maintenance of water supply.
[Added 7-6-2021 by Ord.
No. 2021-16]
a.
Minimum Tract Area: 20 acres.
b.
Tract Frontage and Width. The minimum tract frontage on all public
roads shall be not less than 200 feet.
c.
Setback from Rights-of-Way: 100 feet, except as provided hereinbelow.
1.
May be reduced by the Board to 50 feet provided that a landscaped
berm with a stockade fence is provided between the edge of the right-of-way
and a reduced building setback, as follows:
(a)
The berm shall be not less than four feet in height and less
than 30 feet in width.
(b)
Berm side slopes shall not exceed 3:1 slope.
(c)
Each side slope of the berm shall be landscaped with a double
staggered row of eight-foot to ten-foot tall evergreen trees at the
time of planting, which shall be planted not more than 15 feet on
center.
(d)
A solid wood stockade fence not less than six feet or more than
eight feet in height shall be erected along the centerline of the
length of the berm.
(e)
At the sole discretion of the Board, the berm may be reduced
in height and width, but in no case shall the evergreen landscaping
and fencing required be less than that which is required. The Land
Use Board shall determine fence height and berm height and width at
the time of site plan approval.
(f)
At the sole discretion of the Board, the berm, fencing and landscaping
requirements above [paragraphs c1(a) through c1(d)] may be modified
along the Route 15 frontage on the north side of the Route 15 access
driveway to the site.
[Added 7-6-2021 by Ord.
No. 2021-16]
a.
Rear yard: 50 feet.
b.
Side yard: 50 feet.
1.
A side yard landscaped buffer 25 feet in width and consisting of
continuous row of eight-foot to ten-foot tall evergreen trees at the
time of planting shall be provided in all rear and side yards. The
Land Use Board may waive the required landscaping in the rear and
side yard buffer where existing vegetation equivalent to the requirement
is provided on site.
d.
Distance Between Residential Buildings: 75 feet, which may be reduced
to 50 feet where in the opinion of the Board physical or environmental
limitations exist that warrant a reduction in the distance between
buildings.
e.
Building Coverage: 40% (all development on tract).
f.
Impervious Lot Coverage: 70% (all development on tract).
g.
Maximum building height: three stories/43 feet.
h.
The NJ Residential Site Improvement Standards ((R.S.I.S.), (N.J.A.C.
5:26-1 et seq.)) shall apply to the residential development portion(s)
of the site.
[Added 7-6-2021 by Ord.
No. 2021-16]
All 28 affordable units shall comply with N.J.A.C. 5:93-1 et
seq. (COAH's Chapter 93, Substantive Rules) and N.J.A.C. 5:80-26.1
et seq., the NJ Uniform Housing Affordability Controls (U.H.A.C.)
as may be amended, supplemented, or replaced by regulation or law,
with respect to construction, affirmative marketing, administration,
income qualification, bedroom mix, occupancy and affordability controls.
a.
Deed restrictions memorializing at least thirty-year affordability
controls shall be prepared on forms authorized in U.H.A.C. and submitted
to the Township Attorney and Township Affordable Housing Administrator
for review and approval. Deed restrictions shall be recorded by the
applicant as a condition of site plan approval. No certificate of
occupancy shall be issued until affordability controls have been recorded.
In accordance with U.H.A.C. deed restrictions shall be for at least
30 years and until the municipality releases the deed restrictions
by ordinance.
b.
Phasing. Affordable housing construction and delivery shall conform
to N.J.A.C. 5:92-10.4(c) and N.J.A.C. 5:93-5.6(d) to the extent practicable
within the contours of the development contemplated.
c.
Administration. The developer or the Township shall contract with
a qualified and experienced administrative agent ("Administrative
Agent") for the administration of the affordable units and the apartment
developer/owner shall have the ongoing obligation to pay all costs
associated with administration and properly deed restricting the affordable
units in accordance with UHAC and other applicable laws for the Deed-Restriction
Period. A draft contract with the administrative agent shall be submitted
by the developer with the site plan application, which shall be subject
to review and approval by the Land Use Board, Township Affordable
Housing Administrator and Township Attorney and executed as a condition
of any approval granted by the Board.
1.
The municipality reserves the right to accept or reject a proposed
affordable housing administrative agent.
d.
The developer and the Administrative Agent for the affordable units
shall work with the Township and the Township's Affordable Housing
Administrator regarding the affordable units and any affordable housing
monitoring requirements imposed by COAH or the Court. The Administrative
Agent shall prepare affordable housing periodic compliance reports
on the affordable units to comply with State regulation, law and as
required by the Court.
e.
The developer and the administrative agent shall comply with all
affirmative marketing requirements of UHAC and the Housing Resource
Center legislation passed by the New Jersey Legislature (P.L. 2020.
c. 51 (C.52:27D-321.3 et seq.)), effective November 1, 2020 that requires
owners, developers, property managers and all other administrative
entities responsible for the affirmative marketing of any affordable
housing unit to post unit listings, applications, lottery announcements
60 days prior to a lottery and include a link to an on-line fillable
application form and information to request a paper application, among
other affirmative marketing requirements.
f.
Income mix requirements for the affordable units. At least 50% of
the units (14 units) shall be affordable to a combination of very-low-income
and low-income households, while the remaining affordable units shall
be affordable to moderate-income households. At least four of the
affordable units shall be available to very-low-income households
(defined as units affordable to households earning 30% or less of
the regional median income by household size), which shall be distributed
across the required bedroom mix (i.e. one 1-bedroom unit, two 2-bedroom
units, and one 3-bedroom unit).
g.
Bedroom mix for the affordable units. The developer shall comply
with the requirements of UHAC with respect to the bedroom mix of the
affordable housing units including the requirement that at least 20%
of the affordable housing units are three-bedroom units, no more than
20% of the affordable housing units are one-bedroom units, and the
remainder may be two-bedroom units. The developer shall require that
the income mix be distributed across the bedroom sizes in accordance
with UHAC.
[Added 7-6-2021 by Ord.
No. 2021-16]
a.
IMF residential rental apartment development is subject to the NJDCA
Residential Site Improvements Standards (RSIS); however, the addition
of residential development to existing non-residential development
on site with associated parking presents the opportunity for shared
parking, which is desirable to reduce the amount of impervious coverage
from requiring parking in accordance with applicable residential and
non-residential parking requirements.
b.
Calculations shall be provided for all required parking in accordance
with ordinance requirements for non-residential parking and the RSIS.
1.
A parking plan identifying spaces required to meet the total residential
and nonresidential parking requirements for the site shall be provided
that includes and clearly delineates:
(a)
Parking spaces that respond to ordinance parking standards for
non-residential development.
(b)
Parking spaces that respond to the RSIS requirement for parking.
(c)
Shared parking opportunities on the site plan, which shall include
clearly delineated notations identifying the three categories of parking
(1) residential; (2) non-residential; and (3) shared parking.
(d)
The Land Use Board may approve a banked parking configuration.
(e)
The Land Use Board may approve a number of parking spaces less
than the total number of residential and nonresidential parking spaces
required based on shared parking opportunities.
c.
Parking for all apartments shall be provided in proximity and adjacent
to the apartments for convenient resident access.
1.
There shall be one designated parking space per apartment that is
located within 100 feet of the front door of the building that is
in closest proximity to the apartment for which the parking space
is designated. The space(s) need not be assigned to an individual
tenant; however, the parking plan shall demonstrate that this requirement
can be met.
d.
Driveways and parking areas for the apartment buildings shall be
clearly marked with directional signs to separate residential apartment
traffic from nonresidential interior on-site traffic circulation,
except where shared use of driveways and parking is approved by the
Board.
e.
Interior driveway access shall be designed to discourage cut-through
traffic between Routes 15 and 94.
f.
All off-street parking areas and internal roadways shall be paved,
bounded by permanent curbing and constructed in accordance with Township
road specifications; provided, however, that, upon recommendation
of the Land Use Board Engineer, the requirement of curbing may be
waived or modified when found not to be needed for control of storm
water, protection of pavement edge or for similar functional purposes,
and further provided that pavement construction shall be sufficient
for traffic.
1.
Parking areas shall be located at least 16 feet away from a rental
apartment building and 50 feet from a tract boundary.
2.
Except as otherwise provided in the New Jersey Residential Site Improvement
Standards, internal roadways and drive aisles shall be at least 24
feet in width for two-way traffic and 12 feet in width for one-way
traffic.
3.
Sidewalks shall be provided along at least one side of any internal
road serving residential development and shall provide a pedestrian
connection to walking path(s) that shall be provided for the use and
enjoyment of the residents.
4.
Public right-of-way frontage shall be improved with pedestrian sidewalk
and curb. A planting strip with a minimum width of three feet shall
be provided between the curb and sidewalk.
g.
Parking areas shall be appropriately landscaped to minimize off site
headlight glare impacts to adjoining residential uses and to soften
lighting impacts and the view of parked vehicles from adjoining residential
uses within the tract.
[Added 7-6-2021 by Ord.
No. 2021-16]
a.
Landscaping shall be provided including a generous supply of foundation
plantings and ornamental trees for the residential rental apartment
buildings.
2.
The landscaping plan shall identify supplemental, replacement and
required buffer plantings in accordance with the requirements set
forth below.
3.
Driveways, internal roads and parking areas shall be suitably landscaped
as may be necessary to minimize headlight glare impacts and screen
the view of parked vehicles to residential uses off site and within
the tract.
4.
An open space area including an open play area not less than 75 feet
by 100 feet shall be provided within the residential development.
5.
A tot lot, benches and picnic tables shall be provided to serve apartment
residents.
b.
Buffers.
1.
Perimeter Buffer. A minimum twenty-five-foot-wide landscaped buffer
shall be maintained along all boundaries, which shall not be occupied
by any site improvements, including buildings, driveways, parking,
etc., however a pedestrian walking path circulating around the perimeter
of the site shall be permitted within or adjacent to the landscaped
buffer, and stormwater management grading may be permitted within
the landscaped buffer to the extent deemed necessary by the Board.
2.
Frontage Buffer. A minimum twenty-foot landscaped buffer shall be maintained along Route 15, which shall include landscaping and fencing referenced in § 13-13G.5 above, except that trees planted shall attain a height of not less than 20 feet within four years of planting.
3.
Hedgerows, tree lines, forested areas. Efforts shall be made to maintain
existing significant stands of trees and common hedgerows along property
lines and the public right-of-way. The objective is to minimally impact
adjacent land uses and roadside features by maintaining existing vegetation
to the extent achievable and practicable.
4.
Supplemental buffering and landscaping. When found necessary and
desirable by the Planning Board, supplemental buffering and landscaping
may be required to enhance visual screening of various elements of
the development when viewed from off-tract.
5.
Landscaped buffer easements shall be designated over all required
buffers, which shall be protected and maintained in perpetuity. Landscaping
lost to damage, pests, disease, die-off, removal or another cause
shall be promptly replaced as per site plan approval.
c.
Lighting. Adequate artificial lighting shall be provided in parking
areas and along sidewalks, walkways and internal roads and driveways.
1.
The source of lighting shall be directed downward, away from buildings and adjoining streets and property lines so as to prevent light pollution and light trespass as these terms are defined at § 13-5.
2.
Lighting fixtures shall be so arranged that the direct source of
light is not visible from any adjacent property.
3.
Lighting fixture specifications shall indicate that lighting used
throughout the residential development portion of the tract shall
emit light in the range of 2800°K — 3500° K.
4.
Lighting fixtures used throughout the tract shall be thematically
coordinated with similar styles and lighting sources.
5.
All lighting shall be subject to an in-service lighting inspection
by the Board Engineer. Where deemed necessary and appropriate by the
Engineer to minimize off site glare, lighting fixtures shall be adjusted
or fitted with shields to reduce glare and brightness.
[Added 7-6-2021 by Ord.
No. 2021-16]
a.
Preliminary architectural designs of Building 1, 2 and 3 shall be
refined by the developer and subject to final review and approval
by the Land Use Board.
b.
Architectural design of the rental apartment building(s) shall incorporate a sufficient degree of architectural design and exterior building material variation to exude a high-quality exterior appearance. Exterior design shall conform to the requirements set forth at § 12-8.3f2 to the extent required by the Land Use Board.
1.
Exterior design shall utilize exterior features such as traditional
stone or brick water tables, clapboard siding and other residential
design elements. Roof pitch, door and window style and placement,
exterior trim and ornamentation, etc., should emulate and expand upon
Lafayette Township vernacular architectural style and the architectural
style of the existing development on site.
2.
Rental apartment building exterior architectural design, materials and colors should be coordinated, substantially consistent and harmonized among the buildings, and shall conform to the requirements of § 12-8.3f2(g).
3.
Building four exterior design shall be subject to the requirements
set forth in this section and shall be substantially similar and thematically
compatible in architectural style and appearance and complimentary
to the architectural style of existing retail development on site
and subject to approval by the Board.
(a)
To achieve this, the exact reproduction of the existing architectural
style of existing buildings is not expected; however, exterior architectural
details not included on existing buildings shall be incorporated to
achieve high-quality exterior design, including earth tone building
color, thematically compatible siding materials, fenestration, roof
pitch, roofing material and roof color, and roof overhang with extended
soffit dimensions at rake and eaves.
(b)
Building design shall include exterior architectural features
to add visual interest, such as corner posts, windows with sills,
and lintels or headers, exterior residential-style doors with decorative
pilasters, transom and hood, and an articulated entablature at the
eaves including decorative dentil, brackets and moldings, decorative
wood banding across gable end walls between eaves and stone or brick
water table.
[Added 7-6-2021 by Ord.
No. 2021-16]
[Ord. No. 2012-06 § 13-14; Ord. No. 2018-17 § 3; Ord. No. 2018-18 § 9; Ord. No. 2018-20]
a.
Applications in General. Application for conditional use permits shall be made to the Land Use Board pursuant to the authority of N.J.S.A. 40:55D-67. The application shall be made in accordance with the requirements of Chapter 12, of the Revised General Ordinances of Lafayette Township, and shall be accompanied by a site plan prepared in accordance with the requirements of the Site Plan Review Ordinance of Lafayette Township. Except as otherwise herein specified, all applicable zoning district requirements shall be applicable.
b.
Specific Conditions for Conditional Uses.
1.
Houses of Worship.
(a)
Lot size five acres plus additional two acres for parish house
if on the same site.
(b)
Parking areas attached to houses of worship which adjoin residences
or residential districts shall maintain a buffer strip of at least
10 feet between any area used for the parking of automobiles and such
adjoining residences or residential districts, which strip shall be
effectively screened from such adjoining residential uses.
(c)
Lighting shall be of a type which directs the light to the ground,
and no light shall be cast on adjoining property.
(d)
No public address system shall be permitted which is audible
at any property line.
(e)
Parking shall be provided at the rate of one space for each
three seats in the largest auditorium in any building.
(f)
All parking shall be in side or rear yards and shall conform to the provisions of Subsection 12-7.2b of the Revised General Ordinances.
(h)
The maximum floor area ratio (FAR) shall be 0.25.
(i)
The maximum lot coverage shall be 50%.
2.
Schools.
(a)
Minimum lot size as mandated by the New Jersey Department of
Education.
(b)
There shall be a buffer between any playgrounds or parking areas
and adjoining residential districts of evergreens or other appropriate
plantings as approved by the Land Use Board.
(c)
Lighting shall be of a type which directs the light to the ground,
and no light shall be cast on adjoining property.
3.
Essential Services.
(a)
Essential services shall comply with the minimum lot size, setback
and other dimensional requirements for the zone in which the essential
service is located.
(b)
There shall be a buffer adjacent to all property lines which
shall provide adequate year round screening of the facility. Such
screening shall be of evergreens or of other appropriate plantings
as approved by the Land Use Board.
(c)
Parking, if any, shall be as specified by the Land Use Board
based upon estimated requirements.
4.
Cemeteries for Human Interment.
(a)
Drainage. Sufficient data shall be provided to show that the
drainage shall not create any erosion or flooding of adjacent lands
which has not heretofore existed.
(b)
Where a cemetery abuts a residential use, a solid year-round
landscaped buffer of 50 feet in width shall be established which effectively
screens the cemetery use from the view of the residential use.
(d)
Any cemetery shall be permitted to construct, as an accessory
use, a chapel, living quarters for a caretaker and a building for
storage of maintenance equipment.
5.
Motor Vehicle Service Stations. Motor vehicle service stations shall
be a conditional permitted use provided the following conditions can
be met:
(a)
Distance Requirements. The motor vehicle service station shall
be at least 200 feet from any residential zone line and 200 feet from
any property upon which is located any building used as a theater,
auditorium or other place of public assembly, capable of seating over
100 persons, such as but not limited to a church, hospital for humans,
college, school, public library, or institution for dependents or
children or any public playground or athletic field. The measurement
for purposes of determining this distance requirement shall begin
at the lot line of the motor vehicle service station and extend to
the nearest lot line of the residential zone or property in question.
(b)
Mixed Use. No part of any motor vehicle service station shall
be used for any other purpose.
(c)
Minimum Lot Area and Frontage. The minimum lot size for any
lot upon which any motor vehicle service station is located shall
be three acres and the minimum street frontage of said lot shall be
200 feet.
(d)
Driveways. Driveways to and from any lot upon which is located
a motor vehicle service station shall have an unrestricted width of
not less than 16 feet nor more than 25 feet, shall be located not
nearer than 15 feet from any lot line nor 50 feet from any street
intersection and shall be designed so that exiting vehicles do not
have to back out across any public sidewalk, street, highway, or right-of-way.
There shall be no more than two driveways on any one street.
(f)
Paving Requirements. The area of all driveways and other areas
over which motor vehicles are intended to be driven or parked on any
lot upon which is located a motor vehicle service station shall be
paved.
(g)
Outdoor Repair Prohibited. On any premises upon which a motor
vehicle service station is located, all services or repairs to or
for motor vehicles, other than such minor items as the changing or
filling of tires with air, shall be conducted within the confines
of a building capable of being wholly enclosed.
(h)
Vehicle Sales. Sales and display of vehicles are prohibited.
(i)
Setback Restrictions. No part of any building used as a motor
vehicle service station nor any part of any accessory structure shall
be erected within 35 feet of any lot line. This area shall be fully
landscaped and parking and circulation aisles shall be prohibited
in this area with the exception of access drives.
(j)
Landscaping. Fifty percent of the planted trees and shrubs shall
be evergreen species.
(k)
Expansion of Motor Vehicle Service Stations. No permit for the
alteration or expansion of any existing motor vehicle stations shall
be issued except under compliance by the applicant with all the provisions
of this chapter.
(l)
Fuel and Propane Dispensation. The dispensation of motor fuels
and propane is not permitted.
6.
Animal Hospitals.
(a)
Minimum lot size two acres.
(b)
All runs shall be screened with appropriate plantings and shields
or baffles designed to minimize noise shall be installed as required
by the Land Use Board.
(c)
Such screening by plantings of dense evergreen shrubs or trees
shall be required along the property lines abutting residential districts.
(d)
There shall be minimum of eight parking spaces which shall be
located only in side or rear yards.
7.
Clubs, Lodges and Fraternal Organizations.
(a)
Minimum lot size five acres.
(b)
Parking shall be provided at the rate of one space for every
three seats in the largest auditorium. All parking shall be located
in side and rear yards.
(c)
Lighting shall be of a type which directs the light to the ground,
and no light shall be cast on adjoining properties.
(e)
Maximum floor area ratio (FAR) shall be 0.25.
(f)
The maximum building and impervious lot coverage shall be 50%
of the unconstrained lands.
8.
Rest Homes and Convalescent Homes.
(a)
Minimum lot area: 10 acres.
(b)
Lot density: four semi-private rooms per acre.
(c)
Floor area ratio (FAR): 40%.
(d)
Maximum lot coverage: 30%.
(e)
All parking shall be permitted only in side and rear yards.
(f)
Screening by plantings of dense evergreen shrubs or trees is
required along all property lines abutting residential districts.
(h)
Lighting shall be of a type which directs the light to the ground,
and no light shall cast on adjoining properties.
9.
Cannabis Growing, Production and Manufacturing, in the R-5.0 Zone
only.
(a)
Minimum lot size: 15 acres.
(b)
Access and Setback: Access shall be provided via a driveway
located on a County or State road, with all growing, production and/or
manufacturing structures setback a minimum of 400 feet from the road.
(c)
Visibility: No structure shall be visible from any State or
County road.
(d)
Landscaped Buffer: A minimum landscaped buffer at least 100 feet in width shall be established and maintained, adjacent to any County and State road. In addition, a landscaped buffer shall be required in the event that there is not a natural buffer between the property and any dwelling unit such buffer to be consistent with Township Subsection 12-8.3e4.
(e)
Fencing: All structures utilized for any growing, production
or manufacturing shall be enclosed by a fence at least seven feet
high.
(f)
Security: All structures shall be designed, using safety and
security barriers, to prevent the unlawful and unauthorized entry
into the structures.
(g)
Maximum number of buildings: 10.
(h)
Maximum building height: 35 feet.
(i)
Compliance: All growing, production and manufacturing shall
be in compliance with all applicable New Jersey State requirements,
licenses and permits.
(j)
Noise: All cannabis growing, production and manufacturing operations
shall operate in compliance with State and local noise laws and regulations.
(k)
Odor: All cannabis growing, production and manufacturing operations
shall utilize available technology to recirculate air, so that odors
are not emitted outside of any structure(s).
(l)
Location: All cannabis growing or manufacturing buildings shall
be located at least 400 feet from the nearest dwelling unit located
on a neighboring lot and a minimum of 1,000 feet from a school building.
(m)
R-5.0 Zone Requirements: All newly constructed cannabis growing,
production and manufacturing structures shall abide by all setback
and Code requirements in effect for the R-5.0 Zone.
(n)
Generator: All cannabis growing, production and manufacturing
operations shall have a backup generator, which shall maintain all
electronic security systems in the event of a power failure.
(o)
Signs: Cannabis growing, production and manufacturing operations
shall only be permitted to have one sign, displaying the site address
only, in compliance with sign requirements for the R-5.0 Zone.
(p)
Lighting: No light generated by any cannabis growing, production
or manufacturing structures shall result in measurable light changes
at the nearest property boundary to each structure. Interior light
shades may be required by the Board on greenhouse structures to manage
potential lighting impacts. Lighting shall be subject to a Board engineer
night lighting test.
[Ord. No. 2018-18]
10.
Elder Cottage Housing Opportunity (ECHO) Dwelling Unit. An ECHO unit
shall be considered an accessory conditional use to an existing residential
structure on any residentially used lot containing a single-family
detached dwelling unit as the principal residential structure on the
lot. This use is designed to provide an affordable alternative to
assisted living, nursing home or boarding home care, so that immediate
relatives, 55 years of age or older, or a disabled family member,
may live nearby but not in the same dwelling unit. The ECHO unit shall
be easily removable when it is no longer needed. A conditional use
permit shall be procured from the Land Use Board to install the ECHO
unit.
(a)
Occupancy Standards. An ECHO unit is for the use and occupancy
by not more than two persons, one of whom is an immediate relative,
related by blood, marriage or adoption to the owner of the primary
single-family detached dwelling unit and who shall occupy the primary
single-family detached dwelling unit on the premises. The ECHO unit
may also house one professional caregiver if the unit is only occupied
by one qualified individual. One of the ECHO unit-related occupants
shall be at least 55 years of age unless the immediate relative is
disabled. Should the qualified occupant vacate the unit, the caregiver
and/or nonqualified occupant must also vacate the unit within 90 days.
(b)
The owner of the primary single-family detached dwelling unit
shall file an annual letter with the Township Zoning Officer certifying
continuing compliance by the permittee with the conditions of the
original conditional use permit. The Zoning Officer shall conduct
an inspection upon the letter being received and the inspection fee
of $50 being paid. In the event of a permanent change of address of
the occupant(s) or vacancy of the ECHO unit, the owner of the primary
single-family detached dwelling unit shall give written notice to
the Township Zoning Officer within 30 days of the change. Within 90
days of a permanent change of address of the occupant(s) or vacancy
of the ECHO unit, the ECHO unit shall be removed from the premises
and written notification of such shall be given to the Township Zoning
Officer. The Zoning Officer shall have the discretion to extend the
time for removal upon written request and reasonable cause. Within
60 days of the removal of the ECHO unit, the lot shall be restored
to the status prior to the installation of the unit. The owner of
the primary single-family detached dwelling shall give written notification
of such to the Zoning Officer within this time period.
[Ord. No. 2018-20]
(c)
The applicant for an ECHO unit shall submit a conditional use
application to the Land Use Board.
(1)
The fee for the ECHO conditional use application shall be $250.
(2)
The escrow fee for the conditional use application shall be
$500.
(3)
Public notice of the ECHO conditional use application shall
be provided by the applicant at least 10 days prior to the Land Use
Board meeting at which the application shall be heard, which notice
include:
[a]
Notice to the owners of all real property as shown
on the current tax duplicates, located in the State and within 200
feet in all directions of the property which is the subject of the
conditional use application; and
[b]
Public notice by publication in the official newspaper
of the municipality.
(4)
Upon finding of consistency with the standards set forth in
this section, the Land Use Board shall cause a letter to be issued
to the Zoning Officer indicating approval of the ECHO conditional
use application, which approval shall be conditioned upon any terms
the Board may require, the requirements of this section and all applicable
building and health codes for a residential dwelling.
(d)
An ECHO unit shall be subject to the following conditions:
(1)
Only one ECHO shall be permitted per lot, and it shall meet
the following requirements.
(2)
ECHO units shall meet the setbacks for the principal structure.
(3)
ECHO units shall be located within the rear yard. The Land Use
Board may permit an ECHO unit to be placed in the side yard, area,
provided that landscaping or other buffering approved by the Board
screens the unit from view from the street and adjoining neighbors.
The preferred location is within the rear yard, behind the existing
single-family detached dwelling unit. ECHO units shall not be located
in the front yard.
(4)
The Land Use Board may require landscaping, buffering or treatments
such as skirting or other foundation treatments, when, in the opinion
of the Board, such measures are determined to enhance visual compatibility
of the ECHO dwelling unit with the neighborhood or neighboring uses.
(5)
The ECHO unit shall be federally or state labeled pursuant to
the National Manufactured Home Construction and Safety Standards Act
of 1994 or N.J.A.C. 5:23-4A, whichever is applicable, and as may be
amended.
(6)
The ECHO unit shall not exceed 720 square feet of gross floor
area.
(7)
The ECHO unit shall contain a kitchen, living facilities, not
more than two bedrooms, and a single bathroom equipped with low flow
plumbing fixtures as required by the Plumbing Subcode of the Uniform
Construction Code.
(8)
The ECHO unit shall be self-contained, barrier-free, energy
efficient and capable of being moved to another site.
(9)
There shall be one additional parking space provided on site
that is dedicated to the ECHO unit, which shall be in addition to
parking otherwise required.
(e)
Written approval of existing well and septic systems by the
Board of Health shall be submitted along with the conditional use
application to the Land Use Board. The existing septic system may
be expanded if necessary, but a separate septic system shall not be
created for the ECHO unit.
(f)
At such time as the ECHO unit is no longer occupied as required
herein, an ECHO unit may be relocated within Lafayette Township in
accordance with the requirements of this section upon reapplication
to the Land Use Board in accordance with the procedures and requirements
set forth herein.
(g)
Applicants for ECHO units shall submit 16 copies of the application
form and site plan which illustrates conclusively that all conditions
for the conditional use have been met. The site plan, at a scale easily
readable and with dimensions clearly indicated, shall include the
following:
(1)
Location of existing and proposed building and structures.
(2)
Location of existing and proposed parking.
(3)
Proposed lighting, signs and landscaping.
(4)
Existing and proposed pedestrian and vehicular circulation.
(5)
If additional impervious surfaces are proposed to be added,
the applicant should indicate how stormwater management for the ECHO
unit is proposed to be accommodated.
(6)
An interior layout shall be included so as to permit the Board
to determine that the maximum percentages of floor area will be complied
with.
(7)
Location of existing structures on surrounding lots.
(8)
Driveways on surrounding lots and lots across from subject property.
[Ord. No. 2018-17 § 3]
[Ord. No. 2012-06 § 13-14.1; Ord. No. 2018-16 § 1]
Motor vehicle fueling stations existing as of the effective
date of this subsection are permitted as prior nonconforming uses.
Motor vehicle fueling stations are regulated as follows:
a.
Modifications. No deviation from the approved site plan which first
permitted the construction of a fueling station or combined fueling
station with a retail store convenience is permitted without returning
before the Land Use Board for site plan approval to make changes and
must comply with the design standards of the Gateway Plan where appropriate.
b.
Paving Requirements. The area of all driveways and other areas over
which motor vehicles are intended to be driven or parked on any lot
upon which is located a motor vehicle fueling station shall be paved;
however, no expansion of impervious coverage is permitted without
returning before the Land Use Board for site plan approval to make
changes.
c.
Repairs. Motor vehicle repairs are prohibited other than such minor
items as pumping air into tires or the adding of oil to motor vehicles.
d.
Motor Vehicle Sales. The sale and display of motor vehicles is prohibited.
e.
Propane Tanks. Propane tanks shall be located underground for on-site
use.
f.
Signage. Motor vehicle fueling stations shall comply with the Sign Ordinance located at § 13-17, except that the petroleum price display portion of any sign related to a Motor Vehicle Fueling Station may be lit with energy efficient LED technology as per Subsection 13-17.2e provided the maximum number of grades of petroleum on the sign shall be four; and the maximum height of the pricing numbers shall be 13 inches, and shall be red, blue or green in color. The maximum brightness of such signs shall not exceed 0.2 footcandle over ambient light levels measured within 150 feet of the source. The sign brightness shall be reduced if the Board Engineer determines that the light level exceeds the levels specified, and the sign shall be programmed to dim and brighten automatically in response to changes in ambient light. Prior to the issuance of a permit for the sign, the applicant shall provide written certification from the sign manufacturer or installer that the light intensity has been preset to automatically adjust the brightness to these levels or lower. In addition, customary lettering or other insignia which are a structural part of a motor fuel pump consisting only of the brand name, lead warning sign, price indicator and other information required by law is permitted.
[Ord. No. 2018-16 § 1]
g.
Outdoor Dining Area. Outdoor dining is only permitted where it conforms to the Outdoor Dining Ordinance located at Subsection 13-15.2.
h.
Litter. Litter from food or other items purchased on site is not permitted and is a violation of Subsection 3-2.1 of the Lafayette General Ordinance.
i.
Lighting. Lighting shall comply with the lighting plan approved at the time of Site Plan Approval. Any proposed change must be reviewed by the Land Use Board and conform with Gateway Plan design standards and the Lighting Ordinance located at Subsection 12-7.2a11.
j.
Inflatables. Inflatable figures cannot be displayed as part of a
promotion, advertisement or seasonal celebration.
k.
Landscaping. The landscaping of the motor vehicle fueling station shall comply and be maintained in accordance with the plan provided by the landscape architect at the time of original site plan approval or the owner shall return before the Land Use Board to obtain approval for changes which shall conform with the Gateway Plan found at Subsection 12-8.3e if applicable.
l.
Buffering. Buffering of all kinds required as part of site plan approval shall be maintained. If the owner wishes to deviate from the approved plan, the owner shall return before the Land Use Board with a landscaping plan that illustrates the proposed changes and conforms with § 12-8.3e4.
m.
Propane Sales. The sale of propane is not permitted.
[Ord. No. 2012-06 § 13-15.1]
The following are special regulations or standards to be applied
in the case of all nonresidential uses to the extent possible.
a.
Proposed structures shall be related harmoniously to the terrain
and to existing buildings in the vicinity that have a visual relationship
to the proposed buildings.
b.
In considering any application, all approving agencies shall take
into consideration environmentally critical areas, environmentally
sensitive areas, flood-plain, wetland and soil studies and maps; topography,
natural resources, water supplies, sewage disposal methods, and drainage,
particularly as such factors may reasonably affect or be affected
by the number of buildings, structures, parking areas and other impervious
covering.
c.
Site plan application is required.
[Ord. No. 2012-06 § 13-15.2; Ord. No. 2012-12]
a.
Outdoor dining areas are permitted as an accessory use for restaurants
including fast food restaurants (collectively restaurant) subject
to the following conditions:
1.
Permitted Areas. Outdoor dining areas shall be permitted on the same
lot as an existing and legally operating restaurant in an area under
the control of the restaurant. Outdoor dining shall be permitted so
that the service and dining does not endanger or interfere with pedestrian
traffic.
2.
Design Standards. Outdoor dining areas shall be designed to be architecturally
compatible with the existing structures on the property. Fencing and
screening should be consistent with the architecture of the restaurant.
3.
Limitation on Seating. Seating for outdoor dining shall not exceed
20 seats unless the applicant can demonstrate to the Township Code
Enforcement Officer that more than 20 seats can reasonably be accommodated
in the proposed outdoor dining area. In the event there is no indoor
seating, the outdoor dining shall not exceed six seats.
4.
Location. Outdoor dining areas shall be located so as to minimize
the impact upon adjacent property owners.
6.
Outside Food and Drink Preparation. No food preparation, preparation
equipment or bars shall be permitted in the outside dining area, including
heating or cooking of food on open flames.
7.
(Reserved)
8.
Noise. Outdoor noise and sound systems must comply with § 18-1 of the Lafayette General Ordinance.
9.
Lighting. The outside dining area must have adequate illumination
during evening hours and comply with the lighting design standards
appropriate to the zone.
10.
Alcoholic Beverages. Service of alcoholic beverages shall comply with Chapter 6 of the Lafayette General Ordinance.
11.
Maintenance. The outdoor dining area shall be maintained in accordance with Chapter 3 of the Lafayette General Ordinance. The outdoor dining area shall be maintained in an aesthetically appealing manner.
12.
Application for Permit. An application shall be filed annually with
the Township Clerk on forms supplied by the Clerk. The forms shall
require the following information and such additional information
as deemed necessary for the Code Enforcement Officer to enforce this
ordinance:
(a)
The name and address of the applicant.
(b)
The name and address of the restaurant requesting the permit.
(c)
Consent of the owner if other than the applicant.
(d)
The hours of operation for the outdoor dining area.
(e)
The initial payment of a permit fee in the amount of $50. The
permit shall be renewed annually at a fee of $50. Permits are valid
from January 1 through December 31.
(f)
An illustration showing seating capacity, the location of the
proposed outdoor dining and the location of the restaurant, parking
and nearby road or roads. All outdoor seating shall be located within
the store front width or frontage that the seating services and not
encroach on any adjoining store front. Outdoor seating may be located
along the side of a store provided there is sufficient space to allow
for pedestrian access and is subject to the discretion of the Code
Enforcement Officer. All outdoor dining applications must include
sufficient information as to the style and stability of the seating
proposed.
(g)
The signature of the party who will be responsible for compliance
with this subsection.
(h)
A review process to ensure the location and design selected
for outdoor dining is appropriate so as to minimize impacts upon neighboring
properties.
13.
Appeal. Any applicant who is denied approval of a permit may appeal
the denial. The appeal, which shall be in writing, shall be mailed
to the Clerk within five days of the denial. The Township Committee
shall hear the appeal within 30 days of the Clerk's receipt of the
appeal.
14.
Transferability. An outdoor dining permit may be transferred to a
new owner or operator so long as there are no changes.
15.
Enforcement. This section shall otherwise be enforced by the Code
Enforcement Officer but is not intended to limit enforcement by the
Board of Health as to the Sanitary Code or any other appropriate entity.
16.
Hours of Operation. Hours of operation shall comply with § 18-1 of the Lafayette General Ordinance and be the same as the establishment's hours of operation.
17.
In the event three or more businesses located on the same tax lot
make application for outdoor dining whether simultaneously or at different
times, a revised site plan shall be required to be filed with the
Lafayette Township Land Use Board, by the property owner, to consider
all outdoor dining locations at the property.
[Ord. No. 2012-06 § 13-17.1
]
Lafayette Township is a rural community, and in order to preserve
the Township as a desirable area in which to live and do business,
a pleasing, visually attractive rustic environment is of foremost
importance. The regulation of signs within the Township is a highly
contributive means by which to achieve this desired end. These sign
regulations are prepared with the intent of enhancing the rural environment
and promoting the continued well-being of the Township.
The purpose of this section is to protect the safety and orderly
development of the community through the regulation of signs and sign
structures. Lafayette Township has a legitimate interest in aesthetics
and safety, justifying the regulation of signs. This section promotes
the substantial governmental goals of safety and aesthetics, without
burdening substantially more speech than necessary to further government's
legitimate interests. It is also the function of this section to promote
public health, safety, and general welfare through a comprehensive
system of reasonable, consistent and non-discriminatory sign standards
and requirements. These sign regulations are intended to:
a.
Enable the identification of places of residence and business.
b.
Allow for the communication of information necessary for conducting
business.
c.
Lessen hazardous situations, confusion and visual clutter caused
by proliferation, improper placement, illumination, animation and
excessive height, area and bulk of signs that compete for the attention
of pedestrians and vehicular traffic.
d.
Enhance the attractiveness and economic well-being of the Township
as a place to live and conduct business.
e.
Protect the public from the dangers of unsafe signs.
f.
Permit signs that are compatible with their surroundings and aid
orientation, and preclude placement of signs in a manner that conceals
or obstructs adjacent land uses or signs.
g.
Encourage signs that are appropriate to the zoning district in which
they are located and consistent with the category of use to which
they pertain.
h.
Curtail the size and number of signs and sign messages to the minimum
reasonably necessary to identify a residential or business location
and the nature of any such commercial use.
i.
Establish sign size in relationship to the scale of the lot and building
on which the sign is to be placed or to which it pertains.
j.
Preclude signs from conflicting with the principal permitted use
of the site or adjoining sites.
k.
Regulate signs in a manner so as to not interfere with, obstruct
vision of or distract motorists, bicyclists, or pedestrians.
l.
Require signs to be constructed, installed and maintained in a safe
and satisfactory manner.
m.
Preserve and enhance the natural, rural, and scenic characteristics
of the Township.
Any sign erected shall conform to the provisions of this section
and the provisions of any ordinance or regulation within the Township
of Lafayette.
[Ord. No. 2012-06 § 13-17.2; Ord. No. 2012-18 § 2; Ord. No. 2018-16 § 2]
a.
Signs in Rights-of-Way. No sign other than an official sign shall
be erected within two feet of any street line, or within any public
way, unless specifically authorized by other ordinances, statutes
or regulations of the Township of Lafayette or by specific authorization
of the Zoning Officer or other governmental entity.
b.
Traffic Visibility. No signs or sign structures shall be erected
in the site triangle in such a manner as to obstruct free and clear
vision, nor at any location where-by its position, shape or color
it may interfere with or obstruct the view of or be confused with
any authorized traffic sign, signal or device.
c.
Maintenance, Repair and Removal. Every sign and sign structure permitted
by this section shall be kept in good condition and repair. The repainting,
relettering or repair of an existing sign shall not constitute a new
sign or change in a sign as long as the area of the sign is not increased.
When any sign or sign structure becomes insecure, in danger of falling
or is otherwise deemed unsafe by the Code Official, or if any sign
shall be unlawfully installed, erected or maintained in violation
of any of the provisions of this section, the owner thereof or the
person or firm using same shall, upon written notice by the Code Official
forthwith in the case of immediate danger, and in any case within
not more than 14 days, make such sign conform to the provisions of
this section, or shall remove it. If within 14 days the order is not
complied with, the Code Official shall be permitted to remove or cause
such sign to be removed at the expense of the owner and/or the user
of the sign.
d.
Obsolete Sign Copy. Any sign that no longer advertises or identifies
a use conducted on the property on which said sign is erected must
be removed within 90 days from the date of termination of such use,
unless approval for any extension of time is requested from and granted
by the Code Official. Upon failure to comply in a timely manner, the
Code Official is hereby authorized to cause removal of such sign,
and any expense incident thereto shall be paid by the owner of the
property on which the sign is located.
e.
Illuminated Signs. Illuminated signs shall be permitted only in nonresidential zones, and such signs shall be externally illuminated and the light source for such signs shall be above the sign and such light source shall be concealed; except that in residential zones no more than one reasonable illuminated street address sign or combination nameplate and street address sign containing no advertising copy and not exceeding two square feet in area shall be permitted. Energy efficient LED technology lighting shall be permissible on the petroleum price display portion of a sign relating to a Motor Vehicle Fueling Station per Subsection 13-14.1f.
[Ord. No. 2018-16 § 2]
f.
Design. Signs shall be based on an integrated design theme, the design
of which shall be in harmony and consistent with, the architecture
and materials of the principal structures and the landscaping plan.
g.
Wall Signs. Such signs shall not project beyond the wall on which
they are mounted in any direction and shall not project more than
eight inches from the facade of the building.
h.
Projecting Signs. Such signs shall not extend more than four feet
from the face of the structure on which mounted and in no case shall
such a sign project beyond any property line or over any public rights-of-way.
The bottom of the sign shall be at least eight feet above ground level.
i.
Wiring. All wiring, whether electrical or otherwise, for freestanding
signs shall be underground and in accordance with all codes.
j.
Window Signs. Window signs designed to promote the sale of any merchandise
or business activity shall not exceed 20% of any total window area.
"Open" signs shall not be counted as part of the 20% total.
[Ord. No. 2012-06 § 13-17.3]
Any sign legally existing at the passage of this section (June
1, 2010) that does not conform in use, location, height or size with
the regulations of the zone in which such sign is located, shall be
considered a legal nonconforming use or structure and shall be permitted
to continue in such status until such time as it is either abandoned
or removed by its owner, subject to the following limitations:
a.
All legal nonconforming signs shall be removed or shall be altered
to conform to the provisions of this section when any such sign is
changed or modified in shape, size, illumination or structure.
b.
All legal nonconforming signs may be removed or rebuilt without increasing
the existing height or area if it is damaged, or removed if allowed
to deteriorate to the extent that the cost of repair or restoration
exceeds 50% of the replacement cost of the sign as determined by the
Code Official.
c.
Legal nonconforming signs may be temporarily removed for maintenance,
cleaning, painting or repair, provided that the sign is reattached
in the same location within 60 days of its removal. If the sign is
not reattached in the location or within the sixty-day time period,
the sign shall be required to conform to the provisions of this section.
[Ord. No. 2012-06 § 13-17.4]
Unless specifically exempted, a permit must be obtained from
the Zoning Officer for all signs erected, altered or relocated within
the Township of Lafayette. Exemptions from the necessity of securing
a permit, however, shall not be construed to relieve the owner involved
from the responsibility for the erection and maintenance of the sign
in a safe manner and in a manner in accordance with all other provisions
of this section.
[Ord. No. 2012-06 § 13-17.5]
Before any permit is granted for the erection of a sign or sign
structure requiring such permit, construction documents shall be filed
with the Code Official showing the dimensions, materials and required
details of construction, including loads, stresses, anchorage and
other pertinent data. The permit application shall be accompanied
by the written consent of the owner or lessee of the premises upon
which the sign is to be erected and by engineering calculations signed
and sealed by a registered design professional where required.
[Ord. No. 2012-06 § 13-17.6]
No sign shall be structurally altered, enlarged or relocated
except in conformity to the provisions herein, nor until a proper
permit, if required, has been secured. The changing or maintenance
of movable parts or components of an approved sign that is designed
for such changes, or the changing of copy, business names, lettering,
sign faces, colors, display and/or graphic matter, or the content
of any sign shall not be deemed a structural alteration.
[Ord. No. 2012-06 § 13-17.7; Ord. No. 2014-07 § 1; Ord. No. 2017-14 § 2]
Permit fees to erect, alter or relocate a sign shall be in accordance
with the fee schedule adopted within the Township of Lafayette.
a.
The requirement for a permit fee shall not apply to:
[Ord. No. 2012-06 § 13-17.8; Ord. No. 2012-18 §§ 3, 4; Ord. No. 2018-16 § 3]
The following signs shall be specifically prohibited:
a.
No signs shall be attached to any utility pole, public light standard
or any other public facility located within the public right-of-way.
c.
Moving or revolving signs and signs using waving, blinking, flashing,
vibrating, flickering and/or sequential lighting.
d.
Roof signs.
e.
Signs causing interference with radio or television reception.
f.
Signs obstructing doors, fire escapes or stairways or keeping light
or air from windows used for living quarters.
g.
Signs placed on awnings, fences or signs attached to other signs.
h.
Signs shall not be painted on or affixed to water towers, storage
tanks, silos, smokestacks or similar structures or to trees, rocks
or other natural things.
i.
The use and display of strings or streamers of flags, pennants, banners (except if a permit is approved and obtained for special promotions, events and grand openings as set forth in Subsection 13-17.10b), balloons, spotlights or spinners or similar objects and devices across, upon, over or along any premises or building, whether as a part of any sign or for advertising or public attraction or otherwise, are prohibited in any zone; provided, however, that this provision shall not apply to decorations customarily used for holiday display or Township celebration.
j.
Advertising display signs attached to vehicles with the exception of temporary signs as provided in Subsection 13-17.10 unless required by law.
k.
Neon signs, with the exception of one sign designating the business as "open," as provided for in Subsection 13-17.13h.
l.
All billboards and all signs or advertising devices not expressly
related to the business being conducted on the premises.
[Ord. No. 2012-06 § 13-17.9; Ord. No. 2014-10 § 3]
The following signs shall be exempt from the provisions of this section, other than Subsections 13-17.2 and 13-17.8:
a.
Official signs or official notices authorized by a court, public
body or public safety official.
b.
Directional, warning or information signs authorized by Federal,
State or municipal governments.
c.
Memorial plaques and building cornerstones not exceeding six square
feet in area.
[Amended 2-18-2020 by Ord. No. 2020-05]
d.
The flag of a government or noncommercial institution such as a school,
and one flag per lot, a maximum of five square feet in area, with
such sign's copy limited to designating the business or that it is
open.
e.
Religious symbols and seasonal decorations within the appropriate
public holiday season.
f.
Works of fine art displayed in conjunction with a commercial enterprise
where the enterprise does not receive direct commercial gain.
g.
Street address signs and combination nameplate and street address
signs that contain no advertising copy and which do not exceed two
square feet in area. There shall be no more than one sign per lot
and such sign may be reasonably illuminated.
h.
Signs approved and/or required by the Farmland Preservation Program
designating the property as an approved preserved farm.
i.
No Hunting, No Fishing, No Trespassing and Garage Sale signs provided
that each sign shall be a maximum of four square feet in area.
[Ord. No. 2012-06 § 13-17.10; Ord. No. 2012-18 § 5; Ord. No. 2014-07 § 3; Ord. No. 2017-14 § 3; Ord. No. 2018-16 § 4]
a.
Real Estate Signs. Real estate signs shall be permitted in all zoning
districts, subject to the following limitations:
1.
Real estate signs located on a single residential lot shall be limited to one sign except that on a corner lot one sign may face each street. The sign(s) shall not be greater than six square feet in area and must otherwise conform to the general sign requirements set forth in Subsection 13-17.2. Such real estate signs shall be removed not later than 10 days after execution of a lease agreement in the event of a lease or the closing of the sale in the event of a purchase.
2.
Real estate signs advertising subdivisions of land and projects requiring
site plan approval which have received preliminary or final approval
shall be limited to one sign per entrance to the subdivision or site
provided that no such sign shall exceed 24 square feet in area, nor
be located closer than 20 feet to any street line. Such sign permits
shall be valid for a period of six months and then such signs shall
be removed, unless the permit is renewed. Such signs shall be removed
in the case of land subdivisions, when 75% of the lots created have
been sold and in the case of projects receiving site plan approval,
upon the issuance of a certificate of occupancy.
3.
Real estate signs advertising the sale or lease of space within commercial
or industrial buildings or the sale or lease of vacant commercial
or industrial land shall be no greater than 32 square feet and shall
be limited to one sign per street front. Such real estate signs shall
be removed not later than 10 days after execution of a lease agreement
in the event of a lease, or the closing of the sale in the event of
a purchase.
4.
Not more than one additional real estate sign shall be displayed on any property scheduled for an open house. The sign may only be displayed seven days in advance of the open house and must be removed immediately after the event is concluded. The sign shall not exceed six square feet in area and must otherwise conform to the general sign requirements set forth at Subsection 13-17.2.
b.
Special Promotion, Event and Grand Opening Signs. Signs temporarily
displayed to advertise special promotions, events and grand openings
shall be permitted for approved uses in all nonresidential zones only,
subject to the following limitations:
1.
Such signs shall be limited to one sign per street front.
2.
Special promotion, event and grand opening signs may be displayed
not more than 56 days in any calendar year. Special promotion, event
and grand opening signs shall be erected no more than 30 days prior
to the event, and shall be removed not more than 14 days after the
event.
[Ord. No. 2018-16 § 4]
3.
The total area of all such signs shall not exceed 24 square feet.
4.
No sign displayed to advertise special promotions, events and grand
openings shall be erected until the proper permit is obtained.
5.
The sign shall be professionally printed.
6.
Special Promotion, Event, and Grand Opening signs deemed inappropriate
and/or inconsistent with this section by the Township Zoning Officer
or Township Land Use Board may be subject to modification and/or removal
by the Township.
c.
Temporary Holiday Season Signs. A temporary holiday season sign shall
be permitted during the holiday season only within the HC and VC Zone
Districts of Lafayette Township. The holiday season shall run from
seven days before Thanksgiving each year and shall end the following
January 8th of each year. Such signs are subject to the following
restrictions:
1.
Only one temporary sign shall be permitted on each property, so that
if a temporary holiday season sign is displayed, no additional temporary
signs shall be permitted upon that property at the same time.
2.
In the event a property is a shopping center, each tenant shall be
entitled to one temporary holiday season sign.
3.
A permitted temporary holiday season sign shall not be counted with
the 56-day period established for Special Promotion, Event and Grand
Opening signs permitted by 13-17.10b.
4.
The total area of the temporary holiday season sign shall not exceed
24 square feet.
5.
Allowable temporary holiday season signs may be double sided to allow
for viewing from two directions.
6.
The sign shall be professionally printed.
7.
No temporary holiday season sign shall be erected until the proper
permit is obtained, however, there is no fee for a temporary holiday
season sign permit per Subsection 13-17.7(a)7.
8.
Temporary signs deemed inappropriate and/or inconsistent with this
section by the Township Zoning Officer or Township Land Use Board
may be subject to modification and/or removal by the Township.
d.
Special Award of Distinctions or Recognition Signs. A special award
of distinction or recognition sign shall be permitted only within
the HC, LI and VC Zone Districts of Lafayette Township. Such signs
are subject to the following restrictions:
1.
Only one temporary sign shall be permitted, so that if a temporary
holiday season sign or any other temporary sign is displayed, no additional
temporary signs shall be permitted upon that property at the same
time including a special award of distinction or recognition sign.
2.
Each tenant on a property shall be entitled to one special award
of distinction or recognition sign.
3.
A permitted special award of distinction or recognition sign shall not be counted with the 56-day period established for special promotion, event and grand opening signs permitted by Subsection 13-17.10b.
4.
A special award of distinction or recognition sign may be displayed
for not more than 120 days in any calendar year.
5.
The total area of the special award of distinction or recognition
sign shall not exceed 24 square feet.
6.
Allowable special award of distinction or recognition signs may be
double sided to allow for viewing from two directions.
7.
The sign shall be professionally printed.
e.
Public or Nonprofit Organization Purposes. Signs temporarily displayed
to advertise public or charitable purposes or events shall be permitted
in any zone subject to the following limitations:
1.
No such sign shall advertise, promote or be for the special advantage
or benefit of any individual, company, business use or establishment
or product.
2.
No sign shall be erected more than 30 days before the event is to
take place; and all signs shall be removed within seven days after
the event.
3.
Permits are required, but the fees shall be waived for any public
organization or a nonprofit organization that has been approved for
a 501(c)(3) designation. The application for the sign shall contain
the signature of the owner of the property, indicating consent, and
the signature of an authorized representative of the organization,
indicating the organization is responsible for the sign.
4.
The sign may be attached to a vehicle but such sign shall conform
to all other requirements for signs in the zone in which the sign
is located.
5.
The total area of all signs on any lot advertising a public use or
nonprofit organization event shall not exceed 24 square feet in area,
and no more than four signs for any one event may be placed upon any
lot.
[Ord. No. 2017-14 § 3]
f.
Political Signs. Political signs may be placed in any zone, subject
to the following requirements:
1.
No more than four political signs may be placed upon any lot.
2.
No political sign shall exceed four square feet in area.
3.
No political sign shall be erected more than 60 days before the political
event is to take place and all signs shall be removed within seven
days after the political event.
[Ord. No. 2017-14 § 3]
g.
Construction Signs. Signs pertaining to the construction, repair
and/or remodeling of any building may be placed in any zone, subject
to the following conditions:
h.
A-frame Signs. Temporary signs which are typically mounted on an
A-frame and have copy on both sides which direct attention to products
sold or services supplied may be placed in all but residential zones
subject to the following conditions:
1.
All A-frame signs shall be located within five feet from the main
entrance of the business.
2.
The total area of the sign shall not exceed six square feet per side.
3.
One sign for each lot is permitted except for lots with multi-businesses
which are limited to one A-frame sign per business.
4.
All A-frame signs must be removed nightly and may not interfere with
pedestrian or vehicular traffic.
[Ord. No. 2017-14 § 3]
[Ord. No. 2012-06 § 13-17.11; Ord. No. 2012-18 § 6]
The area of any sign shall be computed as the total square foot
content of the background upon which the lettering, illustration or
display is presented, including in such background, any decorative
motif or moldings and also including any enclosed open space, such
as space between name panels or open space which is part of an ornamental
design. Where a sign has a double face, only one side of the sign
will be used when computing the total square footage of the sign.
If the lettering, illustration or display is not affixed to a background
but is affixed directly to the wall of a building or other structure,
the area of a sign shall be computed as the product of the largest
horizontal distance and the largest vertical distance of the lettering,
illustration or display. The supporting members of any sign, which
are used exclusively for such purpose, shall not be included in the
computation of the area of the sign. Window signs shall not be included
in calculating the total sign area of a building. The sign height
of freestanding signs shall be limited to 10 feet.
[Ord. No. 2012-06 § 13-17.12; Ord. No. 2014-07 § 3; Ord. No. 2018-16 § 5]
The following signs shall be permitted:
b.
Temporary public use or nonprofit organization purposes signs per regulations in Subsection 13-17.10d.
d.
No more than one street address sign or combination nameplate and
street address sign per lot that contains no advertising copy and
which does not exceed two square feet in area, and may be reasonably
illuminated.
e.
For agricultural uses the following signs are permitted:
1.
One identification sign, not more than 18 square feet in area, identifying
the farm, the address and the type of farm.
2.
For agricultural products produced and sold on site, not more than
two additional signs that advertise the availability of the agricultural
products are permitted, the total area of which will not exceed 16
square feet per sign.
f.
In residential zones permitting cluster development, one sign, not
exceeding 18 square feet in area, publicizing the name of the cluster
development.
g.
One freestanding sign advertising professional services or home occupations,
not exceeding two square feet in area and one attached building sign
not exceeding three square feet in area.
h.
Signs permitted in the front yard area of residential zones shall
be set back at least 10 feet from the street line and shall not exceed
six feet in total height nor be closer to the ground than three feet,
except as may be hereinafter specifically permitted. Signs in all
other yards shall conform to the setbacks required for all structures.
[Ord. No. 2012-06 § 13-17.13; Ord. No. 2012-18 §§ 7, 8; Ord. No. 2018-16 §§ 6—8]
The following signs shall be permitted:
a.
All signs permitted in the R-5, R-4, R-2.5 and AH-1 Zones.
b.
Any business establishment may display one or more signs relating
to its business. The maximum area of any single sign shall not exceed
24 square feet and the maximum area of all signs on a single lot shall
not exceed 50 square feet. Within the Highway Commercial (HC) and
Light Industrial (LI) Zones only, the maximum area of a single sign
may be a maximum of 30 square feet in size, and total maximum area
of all signs on the lot shall not exceed 62.5 square feet.
[Ord. No. 2018-16 § 7]
c.
In the case of a shopping center or industrial park development,
the maximum area of any single sign shall not exceed 24 square feet
and the maximum area of all signs for each use located in the shopping
center or industrial park shall not exceed 24 square feet.
d.
The total area of all signs permitted on the face of any wall shall
not exceed 5% of the area of the face of the wall, including windows
and doors, upon which such signs are attached and the maximum height
of any such sign shall not exceed 10% of the height of the wall, except
that such sign can be at least two feet in height. The maximum width
of any sign shall not exceed 50% of the width of the wall to which
it is attached or 12 feet in width, whichever is less.
e.
Where a sign extends more than three inches from the face of the
wall, the bottom of such sign shall be at least eight feet above ground
level. Signs overhanging any public or private walkway shall not extend
more than three inches from the face of the wall to which it is attached.
f.
No more than one sign shall be permitted on one facade of a building
for each use, business or person coming within the provision of this
section.
g.
One freestanding sign may be permitted on each lot, not exceeding
30 square feet in area. Shopping centers and multi-tenanted light
industrial use shall be permitted to have one additional freestanding
sign on each road frontage for the shopping center or multi-tenanted
light industrial use, and the additional freestanding sign shall only
list the shopping center or industrial park name and/or list the tenants,
and shall be limited to four square feet per tenant or a maximum of
30 square feet, whichever is less. Within the Highway Commercial (HC)
and Light Industrial (LI) Zones only, the maximum sign area shall
be 37.5 square feet, or five square feet per tenant, whichever is
less.
[Ord. No. 2018-16 § 8]
h.
One internally illuminated sign designating the business as "open,"
provided the sign is an interior window sign, is no larger than four
square feet, and provided the said sign is continuously lit and is
not blinking, flashing, flickering, and/or using sequential lighting.
[Ord. No. 2012-06 § 13-17.14]
a.
Inspection. The Code Official shall inspect each sign for which a
permit is required upon completion of its installation.
b.
Violations. In the event any sign is found to be in violation of
this section, the Code Official shall notify the owner of such sign
and the owner of the property on which the sign is erected of such
violation in writing, and the owner shall within 14 days correct such
violation.
c.
Penalties. Noncompliance with any of the provisions or requirements
of this section shall constitute a violation thereof, and any person
who so violates this section and does not correct such violation within
14 days of notice of such may be subject to a fine not to exceed $50
per day. A separate offense shall be deemed committed on each day
during or on which a violation occurs or continues.
[Ord. No. 2012-06 § 13-17.15]
Should any subsection, paragraph, sentence, clause or phrase
of this section be declared unconstitutional or invalid for any reason
by any Court of competent jurisdiction, such provision(s) shall be
deemed severable and the remaining portions of this section shall
remain in full force and effect.
[Ord. No. 2012-06 § 13-18.1]
The office of Zoning Officer is hereby created. It shall be the duty of the Zoning Officer to enforce this chapter in accordance with the provisions of this chapter and the "Land Use Procedures Ordinance of Lafayette Township" (Chapter 14 of the Revised General Ordinances). Pursuant to that duty, the Zoning Officer shall investigate any violation or alleged violation of this chapter coming to his attention. All applications to the Construction Official for building permits shall be examined by the Zoning Officer as to compliance with this chapter and all such permits shall be signed by the Zoning Officer as well as the Construction Official. The Zoning Officer shall require two sealed plot plans with an embossed seal prepared by a New Jersey Licensed Professional Engineer, land surveyor or architect drawn to scale and showing the size and location of all existing and proposed buildings, structures and other facilities sufficient to enable him to determine whether all zoning requirements are met. The requirement for sealed plot plans may be waived for additions, alterations or accessory structures to existing single-family dwellings and a sketch prepared by the owner or applicant accepted in lieu thereof. Where there is a question as to the size, location or other zoning requirement, the Zoning Officer may require a sealed location survey. In the event of any material deviation from the approved application, plot plan or building plans, the Zoning Officer may stop construction by posting a stop notice at the building site. The Zoning Officer and the Construction Officer, and either of them, shall have the right to enter any building or premises during the daytime in the course of duty after proper legal notification to the property owner or occupant of the property.
[Ord. No. 2012-06 § 13-18.2]
a.
A zoning permit shall be required in the following instances:
1.
Before using or allowing the use of any structure, building or land
or part thereof hereinafter created, erected, changed, converted or
enlarged, wholly or partly.
2.
Before changing the use of any building, property, or part thereof
or allowing a change of use of any building, property or part thereof.
3.
Before changing the occupancy of commercial buildings.
b.
A zoning permit shall show that every building, or premises or part
thereof and the proposed use thereof are in conformity with the provisions
of this chapter or in conformity with the provisions of a variance
granted according to law and not required to have a site plan review.
c.
All zoning permits shall be issued in triplicate and one copy shall
be posted conspicuously on the premises affected whenever construction
work is being performed thereon. No owner, contractor, workman or
other persons shall perform any building operations of any kind unless
the zoning permit covering such operation has been previously issued.
Furthermore, no building operations of any kind shall be performed
after notification of the revocation of said zoning permit.
d.
A record shall be kept of all zoning permits issued and the original
applications therefor shall be kept on file in the same manner as
applications for building permits. No owner, tenant, or other persons
shall use or occupy any building or structure thereafter erected or
altered, the use of which shall be changed after passage of this chapter,
without first obtaining a zoning permit.
e.
A zoning permit, unless revoked, shall continue in effect so long
as there is no change of use or occupancy of the premises.
f.
The Zoning Officer shall act upon all such applications within 15
days after receipt of a fully filled-in application, or shall notify
the applicant, in writing, of his refusal to issue such permit and
the reasons therefor.
g.
Failure to notify the applicant in case of such refusal within 15
days shall entitle the applicant for a zoning permit to file an appeal
to the Land Use Board as in the case of a denial.
h.
The Zoning Officer may waive plans on minor alterations not affecting
structural change.
i.
The Zoning Officer shall collect a fee of $35 for each residential
zoning permit application submitted and $75 for each non-residential
zoning permit application submitted, except that if a certificate
of occupancy is required, no additional charge shall be made for issuance
of a zoning permit.
[Amended 9-7-2021 by Ord. No. 2021-19]
j.
If it shall appear at any time to the Zoning Officer that the application
or accompanying plans is in any material respect false or misleading,
or that the work being done upon the premises is materially different
from that called for in the application previously filed with him
or may be in violation of any provision of this chapter, or that the
conditions imposed by the Land Use Board are not being met within
the time or in the manner required by the approving authority, he
may forthwith revoke the zoning permit.
[Ord. No. 2012-06 § 13-18.3]
a.
The prospective purchaser, prospective mortgagee, or any other person
interested in any land upon which a nonconforming use or structure
exists may apply, in writing, for the issuance of a certificate stating
that the use or structure existed before the adoption of the ordinance
which rendered the use or structure nonconforming.
b.
Application pursuant hereto may be made to the Zoning Officer within
one year of the adoption of the ordinance which rendered the use or
structure nonconforming or at any time to the Land Use Board.
c.
Such application shall contain the name and address of the applicant,
the nonconforming use so operated, the date on which the use commenced,
the tax lot and block number of its location, any buildings or structures
in which such use is contained or are necessary for the operation
of such use, and the numbers and types of equipment and/or vehicles
utilized in the operation of said use.
d.
The applicant shall have the burden of proof as to all matters alleged.
Where application is to the Zoning Officer, it shall be in the form
of an affidavit and shall be notarized. Where application is made
to the Land Use Board, the application shall be processed as in the
case of all other application to the Board. Notice of such application
shall be given in accordance with the provisions of N.J.S.A. 40:55D-12.
e.
If the Zoning Officer fails or refuses to issue a certificate, he
shall notify the applicant, in writing, as to the reasons therefore
within 45 days from the date of application. Such denial may be appealed
to the Land Use Board in accordance with the provisions of N.J.S.A.
40:55D-72, notice of which shall be given in accordance with N.J.S.A.
40:55D-12.
f.
An application to the Zoning Officer shall be accompanied by payment
of a fee of $10.
g.
For an application for the issuance of a certificate of nonconforming
use to the Land Use Board pursuant to this section, applicant shall
pay a fee of $10.
[Ord. No. 2012-06 § 13-18.4]
It shall be unlawful for an owner to use or permit the use of
any building, or the change in occupancy of any building, or part
thereof, hereafter erected, altered, converted or enlarged, wholly
or in part, until a certificate of occupancy, or a certificate of
continued occupancy, shall have been issued by the Construction Official
in accordance with the provisions of the Uniform Construction Code
of the State of New Jersey.
[Ord. No. 2012-06 § 13-18.5]
The Zoning Officer is hereby authorized to issue temporary permits
for not exceeding 10 days duration to permit temporary sales promotions,
uses or events and events such as concerts, shows, circuses, etc.,
subject to the following provisions:
a.
Any sale promotion shall take place on the same premises as the principal
business.
b.
The Zoning Officer shall ascertain that applicant's plans for traffic
control are sufficient.
c.
Applicant shall post a cash bond, letter of credit or other acceptable
security in an amount determined by the Zoning Officer to be sufficient
to assure cleanup and restoration of the premises.
[Ord. No. 2012-06 § 13-18.6]
Recognizing, in certain instances, for the necessity of certain
temporary uses, the Land Use Board, after hearing, may authorize temporary
use permits pursuant to the authority of N.J.S.A. 40:55D-70(b).
a.
Such permits may be issued for a period not to exceed one year and
on further application to the Land Use Board, may be extended, for
good cause shown, for an additional period not to exceed one year.
Thereafter, such temporary use permit shall expire and the use as
permitted shall be abated. Any structures erected in connection therewith
shall be removed. Where it deems appropriate, the Land Use Board may
require such guarantees it deems sufficient to cause such abatement
and/or removal.
b.
Where a building permit has been issued, a temporary certificate
of occupancy for a dwelling house may be granted to a developer to
permit such dwelling house to be used, temporarily, as a sales and
management office for the sale of those homes within a subdivision
provided all of the following requirements are met:
1.
The house to be used as such office is built upon a lot approved
as part of a subdivision that has been approved by the Land Use Board.
2.
The house is of substantially the same quality of construction as
those homes to be sold within the subdivision.
3.
No other business than that which is accessory to the management
and the sale of lands owned by the developer shall be permitted.
4.
The dwelling house shall meet all other requirements of the zone
district in which it is located.
c.
Where a building permit has been issued, the Land Use Board may grant
a temporary use permit for a nonconforming use incidental to construction
projects on the same premises such as the storage of building supplies
and machinery and/or the assembly of building materials. For example,
but not by way of limitation, such temporary use permit may be issued
to permit the parking of a "construction trailer" on such a site.
d.
The Land Use Board may grant a temporary use permit for the erection
and maintenance of temporary structures or buildings for the conduct
of permitted uses where such permitted uses have been interrupted
by reason of fire or other casualty. Such temporary use permit shall
expire at the time the necessary repair or reconstruction of the permanent
structures or buildings has been accomplished or within one year,
whichever comes first.
e.
The Land Use Board may grant temporary use permits for the location
of temporary structures, in connection with permitted uses, on the
site of such permitted use, which use is either existing or about
to be established, upon the construction of a permanent structure.
Such temporary structure shall provide facilities during construction
of permanent facilities to house the permitted use or which will result
in permanent facilities to house the permitted use. For example, but
not by way of limitation, such temporary use permits may be issued
to permit the parking of a trailer housing financial institutions,
temporary office space, temporary classroom space and/or temporary
warehouse space on such a site.
[Ord. No. 2012-06 § 13-18.7]
A sign permit shall be required prior to the erection or alteration of any sign. Such permit shall be obtained as required in § 13-17.
[Ord. No. 2012-06 § 13-18.8]
The Zoning Officer may issue a temporary zoning permit and the
Construction Official may issue a temporary certificate of occupancy
for a use of land or a building which is related to the development
of a permitted use of the property. In evaluating any application
for such temporary permits, the building or structure in question
must meet the minimum requirements as set forth in the New Jersey
Uniform Construction Code Act for the issuance of temporary certificates
of occupancy and a bond shall be posted which is sufficient, in the
judgment of said Zoning Officer and Construction Official, that will
guarantee the completion of the project. Such temporary permits shall
be issued for a period not to exceed six months.
[Ord. No. 2012-06 § 13-18.9]
a.
Records. It shall be the duty of the Zoning Officer to keep a record
of all applications for zoning permits, a record of all permits issued,
together with a notation of all special conditions involved. He shall
file and safely keep copies of all plans submitted, and the same shall
form a part of the records of his office, and shall be available for
the use of the Township Committee and of other officials of the Township.
b.
Reports. The Zoning Officer shall prepare a monthly written report
for the Land Use Board summarizing, for the period since his last
report, all zoning permits issued, complaints of violations received
and action taken by him with respect thereto. Such report shall be
in a form and shall contain such information as the Township Committee
may direct. A copy of such reports shall be made available to the
Construction Official and to the Tax Assessor.
[Ord. No. 2012-06 § 13-19]
For any and every violation of the provisions of this chapter,
the owner, contractor or other persons interested as general agent,
architect, building contractor, owner, tenant or any other person
who commits, takes part in or assists in any violation of this chapter,
or who maintain any building or premises in which any violation of
this chapter shall exist, and who shall have refused to abate said
violation within five days after written notice shall have been served
upon him, either by certified mail or personal service, shall, for
each and every violation, be subject to a fine of not more than $1,000
or imprisonment in the County Jail for a period not exceeding 90 days
or both at the discretion of the court or judicial officer for whom
a conviction may be had, and each and every day that such violation
continues after such notice shall be considered a separate and specific
violation of this chapter.
[Ord. No. 2012-06 § 13-20]
If any section, paragraph, sentence, clause or provision of
this chapter shall be adjudged by a court of competent jurisdiction
to be invalid, such judgment shall not affect, impair, invalidate
or nullify this chapter as a whole and such adjudication shall apply
only to the section, paragraph, subdivision, clause or provisions
so adjudged and the remainder of this chapter shall be deemed valid
and effective.
[Ord. No. 2012-06 § 13-21]
Any and all ordinances or parts thereof in conflict with or
inconsistent with any of the terms and provisions of this chapter
are hereby repealed to such extent as they are so in conflict or inconsistent,
provided, however, that the adoption of this chapter shall not prevent
or bar the continuance of or institution of any proceedings for offenses
heretofore committed in violation of any existing ordinances of the
Township of Lafayette.
[Ord. No. 2012-06 § 13-22]
This chapter shall be read in para materia with the Land Use
Procedure Ordinance of the Township of Lafayette and, where appropriate,
with the Land Subdivision and Site Plan Review Ordinances of the Township.
[Ord. No. 2012-06 § 13-23]
The chapter shall take effect immediately upon passage and publication
in the manner provided by law.
[Ord. No. 2012-06 § 13-24]
The Municipal Clerk is hereby directed to give notice at least
10 days prior to the hearing on the adoption of this chapter to the
County Planning Board and to all others entitled thereto pursuant
to the provisions of N.J.S.A. 40:55D-15. Upon adoption of this chapter,
after public hearing thereon, the Municipal Clerk is further directed
to publish notice of the passage thereof and to file a copy of this
chapter, as finally adopted, with the Sussex County Planning Board
as required by N.J.S.A. 40:55D-16.
