Each of the uses listed below shall meet the specified standards
regardless of whether it is listed as a permitted use or conditional
use in the specific zoning district. Compliance with these standards
shall be considered by the Planning Board in making a decision on
a conditional use application. In addition to meeting these standards,
the following uses must meet applicable site plan review requirements.
Kennels or animal hospitals having open pens or cages shall
be located on a land parcel of not less than five acres and shall
be set back at least 200 feet from all lot lines. In cases where the
use is to be carried on within a completely enclosed soundproof building,
the R6 Residential District lot and yard requirements shall be observed.
Commercial stables and riding academies shall be located on
land parcels of not less than 10 acres. All principal and accessory
buildings used for the keeping of horses shall be set back a minimum
of 200 feet from all property lines. No manure shall be stored within
100 feet of any property line.
Planned shopping centers are listed as a conditional use and
must meet the standards of this section, as well as the conditional
use procedures. The intent of this section is to permit attractive
planned shopping centers which are designed as an integrated unit.
A. Sewer and water. Proposed planned shopping centers shall indicate
that adequate provisions have been made for water supply and sewerage
facilities. Shopping centers shall be connected to a municipal or
regional utility authority or shall develop an adequate on- or off-tract
system. Applications which depend on public utilities shall submit
a document indicating approval of these agencies and the availability
of sufficient capacity to accommodate this project prior to site plan
review. Developments which propose the establishment of water and
sewer facilities shall submit documents indicating the approval of
the design, construction and manner of operation by the Borough Engineer,
County Department of Health and the New Jersey Department of Environmental
Protection.
B. A minimum lot area of five acres shall be required for a planned
shopping center. Such lot shall not have less than 400 feet of frontage
on a public street, and no structure shall be permitted within 150
feet of the street.
C. Evidence shall be submitted indicating that at least four prospective
tenants are interested in locating in such a facility.
D. The maximum lot coverage of principal uses shall not exceed 25% of
the lot area. The maximum lot coverage of both the buildings and impervious
surfaces shall not exceed 85% of the gross lot area.
[Added 3-28-88 by Ord. No. 394]
Specified multifamily unit types (garden apartments, townhouses,
multiplexes) are permitted in the Borough of Woodstown in particular
zoning districts only after compliance with these supplementary regulations
and design standards is demonstrated. These regulations are in addition
to any conditional use and site plan review approval requirements
and standards.
A. Tract size. A minimum tract of five acres shall be required for multifamily
developments with not less than 300 feet of frontage on any improved
or proposed public street.
B. Density. Unit density for any tract shall not exceed six dwelling
units per net acre in the Borough of Woodstown.
[Amended 3-28-88 by Ord. No. 394]
C. Impervious surface ratio. No more than 30% of the gross lot area
shall be devoted to impervious surfaces, exclusive of recreation areas
or areas devoted to structures.
D. Open space. A minimum of 35% of the gross lot area shall be devoted
to common or private open space. Buffer strips and parking areas shall
not be included in the calculation of open space. The open space shall
be designed to provide private, semipublic and public open space in
an interconnected and contiguous manner.
E. Parking. Off-street parking shall consist of a minimum of two spaces
per dwelling unit plus one space for each bedroom in excess of two
bedrooms per dwelling unit. All parking shall be provided within 150
feet of the most distant unit served.
F. Recreation areas. Passive recreation areas shall be provided at the
rate of 100 square feet per dwelling unit. A minimum of 5,000 square
feet shall be provided for each development or phase of development.
All recreation areas shall be improved by the developer, including
physical facilities, equipment, access walkways and landscaping. The
approving authority shall review the recreation plans in accordance
with the following criteria:
(1) The recreation area is properly located and buffered to prevent any
nuisance conditions from affecting adjacent dwelling units.
(2) The proposed facilities are suited for their intended use and will
meet the needs of the project's prospective inhabitants.
(3) No more than 50% of the active recreation area is within a defined
floodplain.
(4) Responsibility for the maintenance of the recreation and open space
areas is accepted by the property owner or is to be assigned to a
properly organized property owners' association as specified in § 67-44E(11).
G. Buffer requirement. A minimum buffer area of 50 feet shall be provided
between a multifamily development and adjacent properties on all sides.
When a multifamily development abuts an existing development of the
same unit type, the buffer requirement may be reduced to 35 feet.
H. Building setback. Every building shall have a minimum setback of
50 feet from any public street, 35 feet from any interior service
road and 20 feet from any parking area.
I. Building separation. A minimum distance of 30 feet shall separate
all multifamily dwelling structures. Buildings located parallel to
each other shall have a minimum distance of 100 feet between structures.
J. Building arrangement. Buildings shall be located and designed in
a manner that will result in residential clusters centered on landscaped
common open space areas. Units in each residential cluster shall be
consistent in terms of architectural style and major design elements,
such as materials, windows, ornamentation, rooflines and design.
K. Building design. Attached buildings shall have breaks in both the
roofline and front building walls, as specified below:
(1) Vertical breaks. A total break footage of four vertical feet in minimum
increments of 18 inches shall be included in every 160 horizontal
feet or within three fire walls.
(2) Horizontal breaks. A total break footage of eight horizontal feet
in minimum increments of three feet shall be included in every 160
horizontal feet or within three fire walls.
L. Landscaping. All such landscaping shall be subject to the approval
of the borough approving authority and shall not supplant the need
for a complete landscaping plan as part of the site plan review.
M. Minimum floor area. The minimum gross habitable floor area of multifamily
dwellings shall conform to the building standards of the Schedule
of District Regulations, except that the minimum floor area for a one-bedroom townhouse
or multiplex shall be the specified minimum for a single-family dwelling
rather than the multifamily standard. For all multifamily units with
more than one bedroom, the specified minimum multifamily dwelling
unit standard shall apply.
N. Improvement requirements. Driveways, parking areas, lighting, buffer
strips, landscaping and other requirements shall be designed in accordance
with the appropriate standards of Parts 4 and 5 of this chapter.
O. Garden apartments. The following regulations shall apply only to
garden apartments:
(1) There shall be no dwelling units or portions thereof located below
the ground floor of the structure, and there shall be no more than
two stories in any structure.
(2) There shall be a maximum of 10 units in any structure, and the maximum
length of any structure shall be 160 feet.
(3) Entranceways to units shall not be combined or located within the
structure. Entranceways shall be plainly visible from the street and/or
adjoining units.
(4) In addition to the normal means of ingress and egress, each unit
shall have a second means of ingress and egress directly from the
unit to the outside, such as off a balcony or patio.
(5) Sufficient laundry, storage and other utility areas shall be provided
in locations convenient to all occupants and shall be attached to
a residential structure.
(6) Solid waste collection bins should be on a paved surface or pad and
shall be provided in locations convenient to all occupants. The detrimental
effects of these areas shall be mitigated by screening as required
in Part 4.
P. Townhouses. The following regulations shall apply only to townhouses:
(1) No fewer than four dwelling units nor more than 12 dwelling units
shall be located in any structure containing townhouses. In addition,
no more than eight townhouses shall be aligned to a single row.
(2) Townhouses shall be entered by a separate ground-level entrance for
each dwelling unit and shall have two means of ingress and egress.
(3) Separate laundry facilities shall be provided in each unit.
(4) Each townhouse dwelling unit shall be provided with a private yard
of not less than 500 square feet, which shall be screened or fenced
to a height not less than five feet. These private yards shall adjoin
common open space or paths leading to common open space.
(5) The minimum width of a townhouse unit shall be 20 feet.
(6) Townhouse units shall not front on a through street.
Q. Multiplexes. The following regulations shall apply only to multiplex
dwelling units:
(1) The maximum number of dwellings units in a multiplex structure shall
be six.
(2) Multiplex units shall be entered by a separate ground-level entrance
for each dwelling unit and have two means of ingress and egress.
(3) Each dwelling unit in a multiplex project shall have a private yard
of at least 2,000 square feet, which shall adjoin common open space
or paths leading to a common open space.
R. Common areas. Any tract of land to be developed as a multifamily
development shall be under common ownership or, in case of multiple
or contiguous ownership of the tract, shall be developed pursuant
to a single plan with common authority and common responsibility.
Submission of either condominium documents or appropriate deed restrictions
and/or maintenance bonds ensuring proper maintenance of the building
and common areas shall be required prior to the issuance of final
site plan approval.
[Added 2-26-08 by Ord. No. 2008-1]
A. Purpose. The borough has determined that there is a local and regional
need for affordable barrier-free housing to enable individuals with
disabilities to live independently with supportive services in a convenient
location within an established community. Consistent with findings
in the Housing Element and Fair Share Plan, this conditional use will
provide housing opportunities for those with special needs and will
welcome new residents to the community while meeting some of the borough's
affordable housing obligations. The use is being permitted in the
R5 Zoning District, because available developable land remains there
and the housing may be designed as an integral part of the community.
B. Bulk and area requirements.
(1)
Minimum tract or site size: 5 acres.
(2)
Maximum density 8 units per gross acre.
(3)
Maximum building height: 35 feet
(4)
Minimum common open space area: 25%
(5)
Minimum lot frontage on paved public street: 70 feet
(6)
Minimum front yard setback: 35 feet
(7)
Minimum side yard setback: 35 feet
(8)
Minimum rear yard setback: 50 feet
(9)
Building setback from private internal streets: 20 feet
(10)
Maximum impervious coverage: 65%
(11)
Parking shall be provided in accordance with New Jersey Residential
Site Improvement Standards. However the parking requirements may be
reduced if the applicant demonstrates to the satisfaction of the Planning
Board and the New Jersey Department of Community Affairs that the
use requires less parking as a result of nondriver residents.
C. Performance standards.
(1)
Prior to any borough approval, the following prerequisites shall
have been accomplished:
(a)
Verification that there are adequate utility services and support
facilities for the project.
(b)
Assurance that the occupancy of proposed housing will be limited
to those meeting the requirements for affordable housing in accordance
with COAH's published regulations (with the exception of resident
employees of the facility). All affordable housing units must be made
affordable and maintained in accordance with the Uniform Affordability
Controls (N.J.A.C. 5:80-26.1 et seq.) and must contain the required
restrictive covenants and deed restrictions. All applicants shall
also comply with applicable COAH regulations including but not limited
to inclusionary development (N.J.A.C. 5:93-7), affordability controls
(N.J.A.C. 5:93-9), affirmative marketing (N.J.A.C. 5:93-11), monitoring
(N.J.A.C. 5:93-12), and alternative living arrangements (N.J.A.C.
5:93-8) if applicable.
(c)
Verification of preliminary approval of project by any federal
or state agency which finances or assists the financing or operation
of such housing.
(2)
All other applicable requirements of the ordinances of the Borough
of Woodstown must be satisfied.
D. Provisions applicable to residential units.
(1)
The architectural character of each dwelling unit shall be compatible
in style and scale with dwelling units in the surrounding neighborhood.
(2)
Minimum setback for all structures shall be 10 feet from any
common parking area.
(3)
Parking must be set back a minimum of 20 feet from property
lines.
(4)
Pedestrian sidewalks must be provided along all public and private
streets and connecting to all community buildings and facilities.
(5)
The maximum building length is 200 feet.
(6)
No more than eight units may be connected in a single structure.
(7)
Refuse collection areas shall be provided and shielded with
an enclosure designed to match the principal building and shall be
surrounded on three sides by landscaping.
(8)
Common areas shall contain clusters of shade trees in addition
to grass and ornamental planting.
(9)
A 25 foot wide buffer area is required to adjacent residential
properties and shall be planted with a double row of evergreen trees,
a minimum of five feet in height at the time of planting.
[Amended 1-24-95 by Ord. No. 481]
All garage sales shall be governed by the provisions of Chapter
75 of this Code. All such sales are permitted in all zoning districts within the Borough of Woodstown.
[Added 6-14-2011 by Ord.
No. 2011-9]
A. General provisions applicable to all accessory structures.
(1) All accessory structures must be constructed in accordance with applicable
building code requirements and must be properly anchored to prevent
them from being displaced or moved.
(2) Accessory structures shall not be located in any front yard.
(3) For fences see Section
67-51, for pools see Section
67-54, for signs see Section
67-50.
B. Residential accessory uses.
(1) Each residential property shall be permitted two detached accessory
buildings.
(2) Detached accessory structures equal to or less than 100 square feet
in area must be setback a minimum of one foot from side and rear property
lines.
(3) Detached accessory structures greater than 100 square feet in area
but less than 200 square feet in area must be setback a minimum of
five feet from side and rear property lines.
(4) Detached accessory structures over 200 square feet in area must meet
the side and rear yard setbacks for the zoning district.
(5) Accessory structures attached to the principal structure that are
not enclosed (such as a deck or patio) may encroach into the rear
yard setback by 10 feet. Example: if the required rear yard setback
for the principal structure is 25 feet, then a deck may be setback
a minimum of 15 feet.
(6) The maximum height for an accessory structures is 25 feet and may
consist of no more than one story. Loft storage space is permitted.
(7) Detached accessory structures must be separated from each other and
the principal structure by a minimum of 10 feet.
(8) Accessory structures shall not be used for living quarters or to conduct business, except as permitted for home occupations in accordance with Section
67-59 or if a use variance is specifically approved by the Zoning Board.
C. Nonresidential uses.
(1) Accessory structures for nonresidential uses require minor site plan
approval (except compliant fences and signs, which require approval
of the Construction Official).
(2) An accessory building that is attached to a principal building shall
comply with the setback and yard requirements of the zone for the
principal building.
(3) Detached accessory structures equal to or less than 100 square feet
in area must be set back a minimum of one foot from side and rear
property lines.
(4) Detached accessory structures greater than 100 square feet in area
but less than 200 square feet in area must be setback a minimum of
five feet from side and rear property lines.
(5) Notwithstanding the setback requirements above, no accessory structure
except for fences, may encroach into any required buffer area.
(6) Detached accessory structures greater than 200 square feet in area
must meet the side and rear yard setbacks for the zoning district.
D. Grandfathering provision. Any accessory structure lawfully existing as of the date of the effective date of the ordinance revising Section
67-69 may continue as an existing nonconforming structure, subject to the limitations of Section
67-43.
[Amended 8-10-87 by Ord. No. 384; 3-28-88 by Ord. No. 394; 5-25-99 by Ord. No. 535; 8-27-02
by Ord. No. 570; 3-14-06 by Ord. No. 2006-22; 10-14-14 by Ord. No. 2014-12; 5-11-2021 by Ord. No. 2021-9; 2-8-2022 by Ord. No. 2022-1]
A. Applicants must pay all application fees and initial review escrow
deposits as provided below. Fees and initial review escrow deposits
are due and payable when the application is filed with the Planning
Board Secretary, and must be submitted to the Planning Board Secretary
with the application.
B. Fees to be paid shall be according to the following schedule:
Nature of Application or Service
|
Fee
|
---|
Conditional use
|
$250
|
Use variance application
|
$1,500
|
Bulk variance application
|
$500
|
Site plan review (minor; preliminary; major)
|
$500
|
Waiver of site plan review
|
$100
|
Informal review (to be applied toward application fee per § 67-13D)
|
$250
|
Minor subdivision
|
$250
|
Major subdivision (preliminary)
|
$500
|
Major subdivision (final)
|
$500
|
Appeal from Zoning Officer and/or interpretation of ordinance/map
|
$100
|
Nonconforming structure/use determination (N.J.S.A. 40:55D-28)
|
$250
|
Sketch submission (per § 67-13E)
|
$100
|
Residential solar array permit (per § 67-58 - no escrow required)
|
$100
|
Any other type of application, submission or request
|
$100
|
Transcript
|
|
Original, per page
|
$2.50
|
Added copy, per page
|
$1
|
Reapplication
|
Same fee as initial application
|
Zoning permits application fee
|
$10
|
Zoning Permit Fee
|
|
Farm structures
|
$15
|
Residential accessory
|
$20
|
New dwelling
|
$50
|
Nonresidential/commercial
|
$75
|
C. Initial review escrow deposits shall be paid according to the following
schedule:
Nature of Application or Service
|
Fee
|
---|
Conditional use
|
$2,000
|
Use variance
|
$3,000
|
Bulk variance
|
$2,000
|
Informal review
|
$2,000
|
Waiver of site plan review
|
$2,000
|
Minor site plan
|
$2,000
|
Major site plan
|
$6,500
|
Minor subdivision
|
$2,000
|
Major subdivision
|
$6,500
|
Environmental impact statement (EIS) review
|
$500
|
Appeal from Zoning Officer and/or interpretation of ordinance/map
|
$2,000
|
Nonconforming structure/use determination
|
$2,000
|
Sketch submission
|
$1,000
|
Any other type of application, submission or request
|
$2,000
|
D. The Planning Board Secretary shall deliver the initial review escrow
deposits to the Borough Chief Financial Officer (CFO), who shall establish
a separate bank account for each applicant's review escrow. The
applicant must provide all information and documentation reasonably
requested by the CFO to establish the account. Review escrow accounts
shall be separate from any inspection escrow accounts established
pursuant to N.J.S.A. 40:55D-53 et seq.
E. The Planning Board's and Borough's professionals (including
the Planning Board's and Borough's Engineers, Planners,
Solicitors, and any other professional consultant retained by the
Board or the Borough) shall charge the Borough for review of applications;
review and preparation of documents; review of compliance with conditions
of approval or requests for modification or amendment made by the
applicant; inspection of improvements and developments under construction;
and other purposes under the provisions of the Woodstown Borough Code
and the Municipal Land Use Law, including review by outside consultants
when an application is of a nature beyond the scope of the expertise
of the professionals normally utilized by the Planning Board or Borough.
Such charges shall be submitted to the Borough by bills and vouchers
to the Planning Board Secretary or CFO on a monthly basis or at other
reasonable intervals in accordance with schedules and procedures established
by the CFO. The only costs that may be included in any such charges
shall be actual out-of-pocket expenses of the professionals, including
normal and typical expenses incurred in processing applications and
inspecting improvements, or such other expenses as may be incurred
at the direction of the Planning Board or Borough in consultation
with an applicant or applicant's legal counsel. Each bill and
voucher shall identify the personnel performing the services; each
date services are performed; the hours spent to at least one-quarter-hour
increments; the hourly rate; and any expenses incurred. The professionals
shall simultaneously send informational copies of all bills and vouchers
to the applicant. The CFO shall make all of the payments to the professionals
for services rendered to the Planning Board or Borough, and shall
cause the Borough to be reimbursed for all such payments from the
applicant's review escrow.
F. The CFO shall prepare and send to the applicant statements which
shall include an accounting of funds listing all deposits, interest
earnings, disbursements, and the cumulative balance of the review
escrow account. This information may be provided at any time, but
shall be provided at least on a quarterly basis if monthly charges
are $1,000 or less, or on a monthly basis if monthly charges exceed
$1,000. Whenever a review escrow account balance falls below 50% of
the total initial escrow deposit amount, or otherwise contains insufficient
funds to reimburse the Borough for bills and vouchers that have been
submitted or are anticipated for the above-described services, the
CFO shall provide the applicant with written notice of the insufficient
escrow balance. The notice shall require the applicant to replenish
the review escrow in an amount sufficient to pay all submitted or
anticipated professional bills as directed by the CFO, and to restore
the escrow account balance to the total initial escrow deposit amount,
provided that the CFO may require a lower replenishment amount if
so recommended by the professionals or, if special circumstances attend
any particular application, or if special consultants are being hired
by the Planning Board or Borough in connection with any particular
application, the CFO may require such higher replenishment amount
as may be recommended by the professionals. The applicant must remit
the requested review escrow replenishment amount to the CFO within
five business days following the date of any request, or within such
other reasonable deadline as may be determined by the CFO in consultation
with the professionals.
G. If a requested review escrow replenishment is not received by the
specified deadline, the CFO shall notify the professionals and the
Planning Board Chair and Secretary, whereupon the Chair may request
the professionals to cease work on the application until further notice
unless otherwise agreed by the Borough, the Planning Board, and the
applicant, provided that, in the interim, any required health and
safety inspections shall be made and included in the required replenishment
amount.
H. If a deadline for completeness review or decision on an application
is approaching and a requested escrow replenishment has not been remitted
as required, the Planning Board may certify the application incomplete
and/or deny the application without prejudice pending payment of the
replenishment amount and any additional amounts necessary to reimburse
or pay the Borough for professional billing that has accrued to date
and restore the review escrow account balance to the required level.
Any application denied without prejudice as provided above may be
reactivated for further substantive review and decision without refiling
upon the applicant's written request and payment of the reapplication
fee if the necessary replenishment is received within one year following
the Board's denial. After that the application may be refiled
as a new application, provided that the applicant for any subsequent
application made in connection with a property or part thereof that
was subject to a previous application for which a previously required
replenishment was not made shall, in addition to payment of all application
fees and initial review escrow deposit amounts required for the new
application, be conditioned on full payment or reimbursement to the
Borough for all professional bills relating to the previous application(s),
and shall not be certified or deemed complete until such full payment/reimbursement
is made.
I. Upon receiving a written request from an applicant to close a review
escrow account and refund any remaining balance pursuant to N.J.S.A.
40:55D-53.1, the CFO shall write to all Planning Board and Borough
professionals and other professionals who have worked on the application
requesting them to advise the CFO, within 30 days, of the status of
each professional's billing, including any bills that have been
submitted but not paid, any amounts accrued for which bills have not
yet been submitted, and whether and to what extent any further billing
is anticipated based on the status of the application. Based on the
responses from the professionals, the CFO shall determine whether
or not the review escrow account can be closed and refunded as requested,
and/or whether, and in what amount, the review escrow account must
be replenished to cover remaining or anticipated billing.
J. Whenever an amount of review escrow money in excess of $5,000 is
deposited by an applicant, the money, until repaid or applied to the
purposes for which it is deposited, including the applicant's
portion of the interest earned thereon, except as otherwise provided
above, shall continue to be the property of the applicant and shall
be held in trust by the Borough. The CFO shall deposit it in a banking
institution or savings and loan association in this state insured
by an agency of the federal government, or in any other fund or depository
approved for such deposits by the state, in an account bearing interest
at the minimum rate currently paid by the institution or depository
on time or savings deposits. The CFO shall notify the applicant in
writing of the name and address of the institution or depository in
which the deposit is made and the amount of the deposit. The CFO shall
not be required to refund an amount of interest paid on a deposit
which does not exceed $100 for the year. If the amount of interest
exceeds $100, that entire amount shall belong to the applicant and
shall be refunded to the applicant by the CFO annually or at the time
the deposit is repaid or applied to the purposes for which it was
deposited, as the case may be; except that the Borough may retain
for administrative expenses a sum equivalent to no more than 33 1/3%
of that entire amount, which shall be in lieu of all other administrative
and custodial expenses.
K. Inspection escrows posted as a condition or requirement of development
approval shall be established as separate accounts and governed by
N.J.S.A. 40:55D-53 et seq.
Immediately upon the adoption of this Part 3, the Municipal
Clerk shall file a copy with the Salem County Planning Board as required
by law.
This Part 2 shall take effect upon the filing thereof with the
County Planning Board after final passage, adoption and publication
in the manner prescribed by law.