[Amended by Ord. No. 06-21; Ord. No. 03-3; Ord. No. 2017-13;
Ord. No. 2017-14]
Schedule I, titled "Schedule of Area, Yard and Building Requirements," Schedule II, titled "Minimum Utility Requirements," and Schedule III, titled "Cluster Requirements," which are attached to this chapter, are declared to be a part of this chapter and shall be deemed to be the minimum requirements in every instance of their application, unless otherwise stated.
A.
Applicability of regulations.
Except as hereinafter provided:
(1)
No building shall be erected
and no existing building shall be moved, altered, added to or enlarged,
nor shall any land or building be designed, used or intended to be
used, for any purpose or in any manner other than as specified among
the uses hereinafter listed as permitted in the zone in which such
building or land is located.
(2)
No building shall be erected,
reconstructed or structurally altered to exceed in height the limit
hereinafter designated for the zone in which such building is located.
(3)
No building shall be erected,
no existing buildings shall be altered, enlarged or rebuilt, nor shall
any open space surrounding any building be encroached upon or reduced
in any manner, except in conformity with the yard, lot area and building
location regulations hereinafter designated for the zone in which
such building or open space is located.
(4)
No yard or other open space
provided about any building for the purpose of complying with the
provisions of this chapter shall be considered as providing a yard
or open space for any other building, and no yard or other open space
on one lot shall be considered as providing a yard or open space for
a building on any other lot.
(5)
No off-street parking area
or loading or unloading area provided to meet the minimum off-street
parking, loading or unloading requirements for a use or structure
on any lot shall be considered as providing off-street parking area
or loading and unloading area for a use or structure on any other
lot.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(6)
No land in a residential
zone shall be used to fulfill open space, parking or similar requirements
for uses in nonresidential zones. No access shall be allowed through
a residential zone to service a use in a nonresidential zone.
B.
General use restrictions for
all zones.
(1)
Any use not designated as
a principal permitted use, a permitted accessory use or a conditional
use is specifically prohibited from any zone in the Township. All
uses shall be conducted within a building or structure unless otherwise
permitted.
(2)
The following public utility
facilities shall be permitted in all zones on land with sufficient
area appropriate for the facility or service to be provided:
(a)
Electrical substations,
pumping stations and underground utility lines and underground pipelines
constructed or used to serve a principal permitted use and permitted
accessory uses for which subdivision or site plan approval has been
granted or which is preexisting.
(b)
Electrical or other utility
substations to be installed within existing public and private rights-of-way
where a utility line already exists.
(c)
Electric line installations
of 34.5 kilovolts or less.
C.
Prohibited uses.
(1)
Explosives manufacturing.
(2)
Petroleum refining.
(3)
Bulk storage of refinery products and raw materials in tanks for use on the premises or for resale, when inventoried in tankage exceeding the capacity as listed in § 296-140C.
(4)
Junkyards and automobile
wrecking yards.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(5)
Retail, wholesale or auction sales of used motor vehicles, except as an accessory use as set forth in § 296-151E.
(6)
All billboards, signboards
or advertising devices not expressly related to the business being
conducted on the premises.
(8)
Pursuant to the New Jersey
Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization
Act, P.L. 2021, c. 16[2] (the "Act"), all cannabis establishments, cannabis distributors
or cannabis delivery services, as said terms are defined in the Act,
are hereby prohibited from operating anywhere in the Township of Raritan,
except for the delivery of cannabis items and related supplies by
a delivery service. In addition to the foregoing, it is further stated
that all recreational and medical marijuana uses, such as, but not
limited to, marijuana cultivation facilities, marijuana production
or manufacturing facilities, marijuana testing facilities, and retail
marijuana sales and dispensaries, are prohibited in all zones within
the Township.
[Added 11-7-2018 by Ord.
No. 18-28; amended 5-4-2021 by Ord. No. 21-09]
[2]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
Any major residential subdivision in Zone Districts R-1A, R-2,
R-3, R-4, R-5 and R-6 meeting the requirements of this section may
apply to the Planning Board for approval as a cluster subdivision
under the provisions of this chapter and in accordance with the following
requirements:
A.
Maximum number of lots. The
maximum number of lots to be permitted shall be the fewer number of
lots resulting from the following:
[Amended 3-20-2018 by Ord. No. 18-1]
(1)
The maximum number of lots
to be permitted shall be no greater than the number derived by preparation
of a sketch plat of the subject property showing a development with
conventional lot sizes. Such sketch plat shall be prepared at a scale
of not less than one inch equals 100 feet. Such sketch plat and the
resulting number of lots thereon shall be based upon and shall include:
(a)
Street layout with street
right-of-way widths conforming to the Master Plan and this chapter.
(b)
Steep slope analysis of topography shown on such sketch plat at intervals of at least 10 feet as required by § 296-143.
(c)
Location of any 100-year
floodplains.
(d)
Location of wetlands
and wetland transition areas based upon a letter of interpretation
from NJDEP.
(e)
Lot areas conforming to the zoning district requirements, indicating lot area and lot width. A lot circle shall be inscribed in such lot, the location and diameter of which shall conform to requirements of Part 3, Zoning, of this chapter pertaining to the zoning district within which the property is located.
(f)
In addition, such sketch plat shall show all other information required by the checklist for sketch plats and § 296-64, including, where public sewers are not proposed, the requirement of § 296-64B(9), which requires at least one passing permeability test and soil log for each five acres of such property. The location of all unsatisfactory and abandoned permeability tests shall be indicated.
(g)
Where public water supply is not available, a well test report as required by § 296-69 shall be submitted.
(h)
If public water supply
is proposed, a letter from the water supplier shall be submitted stating
that safe and adequate service to the anticipated number of units
can be supplied.
(i)
If public sewers are
to be provided, a written communication from RTMUA shall be submitted
stating that sewage treatment capacity for the number of units shown
on the sketch plat has been reserved.
(j)
If public water supply
and/or public sewers are proposed, the route of extension of such
to the property and the location of any required pumping station shall
be indicated.
(2)
Preparation of a sketch
plat of the subject property showing a development with conventional
lot size without both utilities (public sewer and public water).
B.
Cluster requirements. See Schedule III attached to this chapter.
C.
The land area which would otherwise
be required for house lots, but which is not so used under the permitted
lot size reduction provisions of this section, shall be devoted instead
to contiguous common space.
D.
Location and use of dedicated
lands. The Planning Board shall have full authority to approve or
disapprove the locations and proposed uses of lands required to be
dedicated in accordance with the foregoing and as guided in its decisions
by this subsection and the following:
(1)
Lands required to be dedicated
shall be so located as to meet the needs of open spaces, parks, playgrounds,
rights-of-way, protecting major streams or open drainageways and buffer
areas, or to provide additional neighborhood area for recreational
purposes or school purposes. The Planning Board shall make certain
that not only Township requirements shall be satisfied, but also that
dedicated area shall be so located as to meet any possible future
needs of the neighborhood or region.
(2)
The Planning Board shall
have full discretion as to the location and size of the various use
need areas and their distribution. It shall not generally approve
areas of less than five acres except when such site is considered
adequate for its specific use, and it shall make certain that a reasonable
portion of required dedicated area shall be located so as to specifically
serve the needs of the development where located. Areas utilized for
stormwater detention facilities shall not be counted toward fulfilling
minimum open space area requirements for a cluster development. Areas
utilized for stormwater retention facilities shall be counted toward
fulfilling open space area requirements.
E.
Disposition of dedicated areas. Dedicated areas shall be deemed free and clear of all mortgages and encumbrances to the Township if the Township so indicates, as provided in Subsection D of this section, or deeded to a property owners' association, cooperative or condominium corporation, free and clear of any encumbrances, for its use, control and management for open space recreational or agricultural use and to provide appropriate restrictions to assure the effectuation of the purpose of this chapter and to provide for the maintenance and control of the area. If non-Township ownership is approved, the maintenance responsibility shall be upon the property owners within the bounds of the development. Upon failure to maintain an orderly open space, the Township may and can perform such maintenance and assess the cost to the responsible property owner pursuant to N.J.S.A. 40:55D-43.
F.
Right of owner. Proposals in
accordance with this section shall only be approved by the Planning
Board as above regulated if the lesser requirements will promote the
public health, safety, morals and general welfare and will enhance
property values within the area of development and Raritan Township.
Nothing herein shall be construed as requiring a developer to elect
this means of developing his or her tract.
A.
Permitted exceptions. Height
limitations stipulated elsewhere in this chapter shall not apply to
church spires, belfries, cupolas, flagpoles, and farm structures.
Mechanical appurtenances such as condensers, elevator penthouses,
exhaust fans and similar equipment are exempt from height limitations,
provided that they do not exceed 10% of the roof area, do not extend
more than six feet above the height limitation for the zone in which
the building is located, and are completely screened or shielded.
The provision of this subsection shall not apply to prevent the erection
above the building height limit of a parapet wall or cornice for ornament
(and without windows) extending above such height limit not more than
six feet. Front, rear and side yards shall be increased by one foot
for each foot by which such buildings exceed the height limit but
not more than six feet, and further provided that in no case shall
any building have a height greater than 50 feet unless explicitly
permitted by this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Noncommercial accessory tower
structures may be authorized in all residential zones, provided that:
(1)
The setback for the central
vertical portion of the structure shall be a minimum of 35 feet from
all property lines for structures up to 35 feet and shall increase
by one foot of area for every one foot of increased height, said height
not to exceed a maximum of 75 feet.
(2)
The structure shall be located
in the area behind the principal residential structure as delineated
by a line along the rear wall of the structure and extending to either
side of the property.
C.
How measured. Height shall be
measured from the mean level of the ground adjacent to the structure
to a point midway between the highest (ridge line) and lowest (eaves)
point of the roof, but not including chimneys, spires, towers, elevator
penthouses and similar projections. The mean level of the ground surrounding
the structure shall be computed by averaging the grade at the four
corners at the base of the structure, or the four most extreme points
on the north, south, east and west sides of a principal structure
where multiple corners exist, or four points 90° apart from a
circular structure. The base of earth berms surrounding a structure
shall be considered the grade from which height is measured.
A.
Generally.
(1)
Front yards. The minimum building setback shall be maintained as required in Schedule I attached to this chapter, except that a structure to be erected on a vacant lot between two improved lots may follow the average setback of the two improved lots, but in any case not less than 25 feet from the street right-of-way line. If a vacant lot is between two improved lots upon which structures are set back greater than the required setback, then the proposed structure on the vacant lot shall also be set back along the average setback line of the two improved lots, but in no event need set back more than 100 feet.
(2)
Within the B-4 Highway Business
Zone, the required minimum front yard of 100 feet shall be devoted
to landscaping with grass, flowers and shrubs and shall not be used
for buildings, structures (other than permitted signs), off-street
parking, or off-street loading. Such minimum required front yard devoted
to landscaping may be pierced by vehicular and pedestrian accessways;
the design and width of such shall be approved by the Planning Board
as part of the site plan approval process. The property owner shall
have a continuing responsibility to maintain such landscaped areas.
Such continued responsibility for maintenance (including replacement
of plant material which has died) shall be set forth as a note on
the site plan and shall be incorporated into any resolution granting
site plan approval. Such landscaped strip may also be devoted to trees
provided the number, location and species are approved by the Municipal
Agency as part of the site plan approval process.
B.
Side and rear yards. In any
residential zone, on lots on which a single-family attached or detached
residence is the principal use, utility sheds of less than 180 square
feet in gross floor area and under 10 feet in height, and any unroofed
patio or deck which is no higher than three feet above existing grade,
and any residential drive or parking area, other than a common drive,
may be located within five feet of any side or rear lot line.
C.
Front steps and overhangs. Residential
front steps and roof overhangs may extend into the required yard setback
area in any residential zone by no more than five feet.
D.
Permitted reductions. In any
industrial zone, setback requirements may be reduced for principal
and accessory structures to a minimum of 10 feet where adjacent to
a railroad or power company right-of-way.
E.
Public dedications.
(1)
Where
any property owner or his or her predecessor in title has given up
property to the Township either through condemnation or gift for the
purpose of facilitating improvement to existing Township streets,
the area given up shall also be counted as part of the premises for
the purpose of complying with this section.
(2)
Where
in the B-4 Zoning District land is to be dedicated for public streets,
the area of such public street dedication shall be included as part
of the site area of the development submitted for site plan approval
for the purpose of calculating the permitted hard surface coverage
and floor area ratio. Any hard surface within the street right-of-way
of the street to be dedicated shall not be included as part of the
hard surface for the purpose of calculating the permitted hard surface
coverage of the site area of the development.
It is recognized that it may be in the interests of the Township
and in accordance with the purpose of this chapter to permit temporary
activities for limited period of time, which activities may not be
permitted by other provisions of this chapter.
A.
Such uses shall be permitted
if they are of such nature and are so located that, at the time of
application, they will:
B.
Upon favorable findings by the
Planning Board, the Board may direct the Land Use Enforcement Officer
to issue a zoning permit for a period not to exceed six months. The
Planning Board may authorize extensions of such zoning permits for
an additional period of not more than six months. Such extensions
in total time shall not exceed the total period of construction on
the site or, when such temporary use is located within a planned residential
development, shall not exceed the period of construction of the planned
residential development.
C.
In subdivisions and planned
developments designed for residential use, the Planning Board may
permit the use of one unit of each type of dwelling as a model unit
and the use of not more than one such dwelling as a temporary sales
office. The use of the dwellings as model units and the operation
of the sales office shall not extend beyond the date of the initial
sale or occupancy of all of the units. A rental office may be permitted
in an apartment complex at all times.
A.
In any zone, a permitted use may be constructed upon an existing lot of record existing February 12, 1979, which does not meet the minimum lot area and width requirements for the zone in which located, provided that the minimum lot area and width requirements for an existing lot of record under Schedule I attached to this chapter are met, and provided that the owner and/or the owner's predecessor in title or subsequent owner of the existing lot of record cannot own or have owned any adjacent land which would, when combined with the existing lot of record, make it a conforming lot or a more conforming lot.
B.
Any lot
made nonconforming after February 12, 1979, as the result of local,
county, state or federal government taking of land may be considered
a conforming lot, provided that the lot has at least 70% of its area
and lot width as required in its zone district.
A.
In any R-1, R-2 and R-3 Zone District, single-family detached dwellings on lots not abutting on any street as defined in § 296-139E shall be permitted, provided that the lots have physical access to a street as defined in § 296-139E, and provided that the tract, of which the backland lot is a part, cannot be subdivided with the required frontage and the remaining land cannot be further subdivided.
B.
New backland lots shall not be permitted as part of any major subdivision. Their use shall be restricted to those tracts where a lack of street frontage prohibits conventional lot development and where the remaining land as part of this backland lot's subdivision cannot be further subdivided because of lack of lot area. An existing backland lot may be further subdivided if all resulting parcels comply with Part 3, Zoning, of this chapter and such further division may be by means of a major subdivision.
C.
Lots
permitted under this section shall meet all requirements of the zone
where located, except that the area of the lots shall contain at least
twice the area required in the zone. Access shall be provided by means
of a fifty-foot parcel of land, which shall be part of the lot, between
the main body of the lot and the street. This access shall be improved
to a suitable width satisfactory to the approving agency and as necessary
to ensure access by emergency vehicles in all seasons. The fifty-foot-wide
parcel of land shall not be included as part of the lot area requirement.
In addition to the regulations of this article, several other
Township regulations may have to be met before a zoning permit, construction
permit, or certificate of occupancy can be issued. These include,
but are not limited to, the following:
[Amended by Ord. No. 01-9; 4-2-2001]
A.
Lot width measurements.
(1)
The minimum lot width required
shall be measured at the proposed street right-of-way line and at
the setback line and shall be maintained for an additional 40 feet
toward the rear of the lot on a line perpendicular to the setback
line.
(3)
For lots fronting on an
outside horizontal curve in a road, the minimum frontage at the right-of-way
line may be reduced to not less than 75% of the minimum required.
(4)
In all lots, whether or not of an irregular shape, it must be possible to inscribe a circle of a diameter equal to the minimum lot width specified in Schedule I attached to this chapter.
B.
Sight triangle. At all street
intersections, fences, landscaping, grading or other obstruction to
vision exceeding 30 inches in height above the established grade of
the street at the property line shall not be erected or maintained
on any lot within the triangle formed by the street lot lines of such
lot and a line drawn between points along such street lot lines 50
feet distant from their point of intersection.
C.
All yards facing on a public
street shall be considered front yards and shall conform to the minimum
front yard requirements for the respective zone for both intersecting
streets, for both principal and accessory buildings. Corner lots shall
be considered to have two front yards and two side yards and no rear
yard. Lots within the minimum required distance from the corner of
two streets or the same street shall have the required frontage on
both streets.
[Amended 5-4-2021 by Ord. No. 21-10]
(1)
On
residential corner lots, the street which the front door faces or
is proposed to face shall be the dominant front yard, with the other
being the nondominant front yard. Where this cannot be determined
due to a diagonal or rear-facing dwelling, the Zoning Officer shall
determine which shall be considered the front yard.
(2)
On
residential corner lots, accessory structures, such as air-conditioning
units and generators, are permitted in the nondominant front yard.
(a)
Accessory structures located in the nondominant front yard shall
be located as close to the principal residential structure as possible,
subject to the applicable construction codes.
(b)
Accessory structures located in the nondominant front yard shall
be screened and buffered with a fence or landscaping to screen such
structure from view from the street.
(3)
On
all residential corner lots, the depth of all required setbacks for
accessory structures herein permitted in the nondominant front yard
shall not be less than the 75% of the required front yard setback
for the principal structure within the zone.
D.
Where a building lot has frontage
on a street which the Master Plan or the Official Map of the Township
or county indicates is proposed for right-of-way widening, the required
front yard setback and yard area shall be measured from such proposed
right-of-way.
E.
Lots shall abut street.
(1)
No
zoning or construction permit shall be issued for a new structure
or use unless:
(a)
The lot abuts a street
giving physical access to such proposed building or structure.
(b)
Such street shall have
been duly placed on the Official Map of the Township or shall be:
[1]
An existing state,
county or Township street or highway;
[2]
A street shown upon
a plat approved by the Planning Board or Zoning Board of Adjustment;
or
[3]
A street on a plat
duly filed in the office of the Hunterdon County recording officer
prior to the passage of an ordinance under the Municipal Land Use
Law, 1975, or any prior law which required prior approval of plats
by the Township Committee or other authorized body.
(2)
Before
any permit shall be issued, such street shall have been certified
to be suitably improved to Township standards, or such suitable improvement
shall have been assured by means of a performance guarantee in accordance
with standards and specifications approved by the Township Committee
as adequate in respect to the public health, safety and general welfare
for the special circumstances of the particular street.
F.
Parking of commercial vehicles
in residential zones.
[Amended 6-18-2019 by Ord. No. 19-15]
(1)
No more than two total commercial
vehicles of a pickup or van type may be stored overnight in a residential
zone. Commercial vehicles must be parked off street.
(2)
Commercial vehicles, not
exceeding a gross vehicle weight rating of 14,000 pounds, may be parked
out of doors overnight in any residential zone.
(3)
Commercial vehicles individually
exceeding a gross weight rating of 14,000 pounds shall be stored within
a structure totally enclosing the vehicle.
(4)
No more than one commercial
trailer, with an overall length of 20 feet (excluding tongue), may
be parked outside overnight in any residential zone. A commercial
trailer would count as one of the two permissible commercial vehicles.
The storage of trailers pulled by semi or truck tractors, construction
equipment and non-school buses is prohibited in residential zones.
(5)
One truck tractor owned
by the resident occupant may be housed on residential lots greater
than two acres, but only if stored in an enclosed building.
G.
Recreation vehicles larger than
a pickup truck or van type, boats, trailers and motor homes shall
not be stored out of doors on any residential lot less than 15,000
square feet.
H.
Business structures or uses
shall not display goods for sale purposes or coin-operated vending
machines of any type in any location which would infringe upon the
required yard areas specified in this chapter.
I.
No business or sales shall be
conducted from any vehicle parked on a lot.
J.
All yards, open space, off-street
parking and required landscaping must be contained within the zone
in which the use is permitted.
K.
Any subdivision proposed after the effective date of this amendatory ordinance concerning property which contains existing or proposed street rights-of-way, freshwater wetlands and their associated transition areas as determined and/or verified by the New Jersey Department of Environmental Protection, floodplains, stormwater detention and/or retention facilities, existing easements precluding structures, bufferyards and state open waters shall divide such property in such a manner that each resulting lot created shall have a minimum required improvable area as specified in Subsection M of this section. A floodplain shall be defined as extending to the 100-year floodplain of a river, stream or other tributary and to the stream encroachment line established in accordance with the flood hazard area regulations where the 100-year floodplain has not been delineated. The above requirements are in addition to net acreage requirements in the R-6, R-6LM and R-7 Zoning Districts.
[Amended by Ord. No. 02-54]
L.
Any subdivision proposed after the effective date of the ordinance codified in this subsection shall divide such property in such manner that each resulting lot created shall have a minimum lot area exclusive of stormwater detention facilities as specified in Subsection M of this section. In the case of surface impoundment stormwater detention or retention facilities, the minimum lot area as required in Subsection M of this section shall not include the impoundment area extending to an elevation of one foot above the 100-year storm design elevation. Such elevation shall be specified on the subdivision plat and the elevation of one foot above the 100-year storm design elevation shall be indicated on the subdivision plat. In the case of non-surface detention facilities, such facilities shall be enclosed by an easement which easement area shall be excluded from the minimum lot area as required in Subsection M of this section. It is the intent of this subsection that stormwater detention facilities (both surface impoundment and non-surface detention facilities) shall be located on one parcel of property.
M.
Minimum required improvable
area.
|
Zoning District
|
Minimum Required Improvable Area
|
|---|---|
|
R-1
|
65,000 square feet
|
|
R-1A
|
50,000 square feet
|
|
R-2
|
40,000 square feet
|
|
R-3
|
40,000 square feet
|
|
R-3
|
30,000 square feet (served by sanitary sewer)
|
|
R-4
|
30,000 square feet
|
|
R-5
|
30,000 square feet (15,000 square feet) (1)
|
|
R-6
|
30,000 square feet (15,000 square feet) (1)
|
|
R-6LM
|
2,200 square feet
|
|
R-7
|
2,200 square feet
|
|
Notes:
| |
|
(1)
|
30,000 square feet of the minimum lot area specified on Schedule
I and elsewhere in this chapter is required for a lot to be used for
a single-family dwelling not served by public water and sewer and
on a lot on which is to be located a two-family dwelling; 15,000 square
feet of the minimum lot area specified on Schedule I and elsewhere
in this chapter is required for a lot to be used for a single-family
dwelling served by public water and sewer.
|
(1)
Within such minimum required improvable area a lot circle having a diameter at least equal to the required lot width for the district in which such lot is located shall be able to be inscribed in the area of such lot exclusive of areas of existing or proposed street rights-of-way, freshwater wetlands and their associated transition areas as determined and/or verified by the New Jersey Department of Environmental Protection, floodplains, stormwater detention and/or retention facilities, existing easements precluding structures, bufferyards and state open waters, as set forth in Subsections K and L of this section.
(2)
Any lot which is proposed as part of a cluster development shall have an area equal to the minimum lot area required in the zoning district for a cluster development as specified on Schedule III attached to this chapter, which minimum lot area shall be exclusive of any area of existing or proposed street rights-of-way, freshwater wetlands and their associated transition areas as determined and/or verified by the New Jersey Department of Environmental Protection, floodplains, stormwater detention and/or retention facilities, existing easements precluding structures, bufferyards, and state open waters, as set forth in Subsections K and L, and having a lot circle at least equal to the required lot width which shall be able to be inscribed in the minimum lot area exclusive of existing or proposed street rights-of-way, freshwater wetlands and their associated transition areas as determined and/or verified by the New Jersey Department of Environmental Protection, floodplains, stormwater detention and/or retention facilities, existing easements precluding structures, bufferyards, and state open waters, as set forth in Subsections K and L.
[Amended by Ord. No. 02-54]
N.
Subdivision
of property containing easements.
(1)
Any
subdivision proposed after the effective date of this amendment concerning
property which contains an easement or easements which preclude structures
shall divide such property in such manner that each resulting lot
created shall have a minimum lot area exclusive of such existing easement
or easements which preclude structures as follows:
|
Zoning District
|
Minimum Lot Area Excluding Easements Which Preclude Structures
|
|---|---|
|
R-1
|
65,000 square feet
|
|
R-2
|
50,000 square feet
|
|
R-3
|
40,000 square feet
|
(2)
Within
such minimum lot excluding an easement or easements which preclude
structures a lot circle having a diameter at least equal to the required
lot width for the district in which such lot is located shall be able
to be inscribed in the area of such lot exclusive of the easement
or easements which preclude structures.
(3)
Any lot which is proposed as part of a cluster development shall have an area equal to the minimum lot area required in the zoning district for cluster development as specified on Schedule III attached to this chapter which minimum lot area shall be exclusive of any existing easement or easements which preclude structures and a lot circle having a diameter at least equal to the required lot width shall be able to be inscribed in said minimum lot area exclusive of an existing easement or easements which preclude structures.
(4)
Any
existing right-of-way other than street right-of-way which precludes
structures shall be treated the same as an easement which precludes
structures.
A.
In all zones, on lots on which
the principal use is residential, there shall not be located more
than one single-family detached structure and permitted accessory
structures. The permitted accessory buildings and structures are:
(1)
One detached garage housing
not more than three vehicles and not exceeding 1,500 square feet in
area.
[Amended by Ord. No. 06-21]
(2)
On nonfarm residential lots, accessory structures housing horses, livestock, fowl, or rabbits not exceeding 2% of the lot upon which located and not located in the front yard nor within 100 feet of any property line nor within any riparian buffer as required under § 296-141.
[Amended by Ord. No. 06-21]
(3)
On residential lots, accessory buildings and structures not exceeding a total of 800 square feet may be erected provided such are used for purposes customarily incidental to the principal residential use. Such permitted accessory buildings and structures shall exclude pools, detached garages [as listed in Subsection A(1)], solar panel arrays and accessory structures housing animals [as listed in Subsection A(2)] in the calculation thereof.
[Amended by Ord. No. 02-8; Ord. No. 08-36]
(a)
An accessory structure having a gross floor area greater than 800
square feet may continue on a new lot created by subdivision provided
the gross floor area of such accessory structure shall not exceed
2% of the area of such new lot. Such accessory structure shall only
be used for a permitted customary accessory use as specified for such
residential zoning district.
(b)
As part of an approval of a subdivision which property contains an
accessory structure which will exceed 2% of the lot area on which
it will be located, the Planning Board may condition the timing of
the removal of such accessory structure such that:
[1]
Such accessory structure
may be permitted to remain until a construction permit is granted
for the principal use for the lot on which such accessory structure
is located;
[2]
Such accessory structure
may be permitted to remain until a construction permit is issued for
95% of the principal structures to be developed in such subdivision;
or
[3]
Such accessory structure
may be permitted to remain until a specified time limit as set forth
in the Planning Board resolution granting final approval has occurred.
(4)
Notwithstanding any other
section of these regulations, farm buildings as accessory buildings
for the purposes of housing livestock, farm equipment, and farm products
may be located on farms of five acres or more provided such farm structures
do not exceed a maximum lot coverage of 2% of the lot area upon which
such farm building is erected.
(5)
Solar panel arrays.
[Amended by Ord. No. 08-36]
(a)
Roof-mounted panels shall
not extend over the edges of the roof of the structure on which they
are located.
(b)
Ground-mounted arrays.
[1]
The surface area shall
not exceed 2% of the lot area.
[2]
Shall count as hard
surface coverage.
[3]
Shall meet the principal
setbacks within the zone.
[4]
Shall be located only
on lots of 80,000 square feet or more.
[5]
Shall not be located
within any front yard or front setback area.
[6]
Shall not be mounted
higher than four feet from the ground (to high point of array).
(6)
Front yard and street side yard location (residential). No accessory building or above-grade structure shall be permitted in any front yard or street side yard, except as set forth below and on corner lots in compliance with § 296-139C.
[Added 3-19-2024 by Ord. No. 24-4]
(a)
Flag poles and basketball backboards. Flag poles shall not be
higher than 45 feet and shall be set back at least 10 feet from any
property line and the principal structure on the lot.
(b)
Light posts.
[1]
The maximum height of freestanding lights shall not exceed the
height of the principal building, or 14 feet, whichever is less in
residential zones.
[2]
The style of the light and light standards (poles) shall be
consistent with the architectural style of the principal building
or surrounding area.
[3]
Light trespass. All light fixtures, except streetlighting, shall
be designed, installed and maintained to prevent light trespass, as
specified below.
[a]
At the property line of the subject property, illumination
from light fixtures shall not exceed 0.1 footcandle in a vertical
plane.
[b]
All lighting shall be warm or neutral white in
color and shall be incandescent, light-emitting diode (LED), or high-intensity
discharge (HID) lighting such as metal halide, high-pressure sodium,
and mercury vapor.
[c]
Outdoor light fixtures properly installed and thereafter
maintained shall be directed so that there will be no objectionable
direct light emissions.
[d]
No lighting source shall shine directly into or
reflect onto windows of nearby residential properties.
[e]
No lighting source shall shine directly or reflect
onto streets and driveways in a manner which will induce glare or
interfere with driver vision.
[f]
No lighting shall be of a rotating, pulsating,
flashing or other intermittent frequency.
B.
All uses and structures in all zones shall meet the applicable performance standards of Article XX of this chapter.
C.
Maximum petroleum tank capacities.
The following maximum tank capacities apply to the storage of petroleum
products by category of land usage. All tanks on a lot may not exceed
the maximums listed.
(1)
Petroleum
tank uses. The use and placement of petroleum tanks on property in
residential zoning districts shall be only for purposes of directly
providing a petroleum supply for vehicles of the occupants of the
residential structure, which vehicles shall normally be parked on
such residential lot, and heating fuel directly to the main structure
on the lot.
(a)
Residential uses.
(b)
Commercial, office or
governmental uses.
[1]
Vehicle fuels for
occupants' vehicles: 10,000 gallons underground or 550 gallons above
ground; maximum of 10,000 gallons per lot.
[2]
Heating fuels: 15,000
gallons underground or 1,320 gallons or as otherwise permitted by
the Uniform Construction Code and/or Fire Prevention Code above ground.
The above are the maximums permitted per lot.
(c)
Commercial distribution,
industrial or research uses.
(2)
Installation.
(a)
Tanks and all ancillary equipment, whether installed above or below
ground, must meet minimum setback requirements for principal structures.
(b)
Tanks shall be installed in accordance with the Uniform Construction
Code, National Fire Prevention Code, all other applicable regulatory
requirements and the requirements of this chapter.
D.
In all zones, on lots where
the principal use is nonresidential, roof-mounted solar panel arrays
shall be permitted as an accessory structure, provided that the panels
shall not extend over the edges of the roof on which they are located.
[Added by Ord. No. 09-27]
E.
In all zones, on lots where
the principal use is nonresidential, a shed is permitted as an accessory
structure not to exceed 250 square feet in size, provided that it
is used for purposes customarily incidental to the principal use.
No accessory building shall exceed the maximum accessory structure
height as per Schedule I.[1] No accessory building or structure shall be permitted in any front yard, except as set forth in Subsection E(1) below. No accessory building or structure shall be closer than 15 feet to the principal building on the lot. Accessory buildings or structures built in any side or rear yard shall conform to the minimum yard dimensions set in Schedule I. Any preexisting nonconforming shed erected prior to the establishment of this subsection shall be considered grandfathered.
[Added by Ord. No. 10-15; amended 3-19-2024 by Ord. No. 24-4]
(1)
Front yard and street side yard location (nonresidential). No
accessory building or above-grade structure shall be permitted in
any front yard or street side yard, except as set forth below.
(a)
Flag poles. Flag poles shall not be higher than 45 feet and
shall be set back at least 10 feet from any property line and the
principal structure on the lot.
(b)
Light posts.
(c)
Electronic vehicle charging stations as regulated in § 296-155.1. If the electronic vehicle charging station is utilizing independent battery components and is separate from the principal structure, then land use board approval is required. If the station is installed utilizing utilities from the existing structure, then a zoning permit is required.
(d)
Hot box and meter vaults for commercial applications.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
A.
Riparian buffers.
[Amended by Ord. No. 06-21]
(1)
To preserve the existing
environmental and natural features of the Township, no structure shall
be built within 100 feet and no disturbance of soil or vegetation
shall occur within 75 feet of the top of the bank of an existing stream
carrying water on an average of six months of a year and/or shown
on a United States Department of the Interior geological survey quadrangle.
B.
No person, firm or corporation
shall strip, excavate or otherwise remove topsoil for sale or other
use other than on the premises from which taken, except in connection
with the construction or alteration of a building on such premises
and excavating or grading incidental thereto, or except as hereinafter
specified.
C.
No structure or paving other than sidewalk shall be constructed over an on-site sanitary disposal field, and no animals shall be permitted to graze or be penned over a disposal field or within 50 feet of the top of the bank of a stream described in Subsection A of this section. It is the intent of this subsection to prevent damage to sanitary disposal fields and to prevent pollution of streams by the disturbance of stream corridors by large numbers of animals or by an animal or animals penned in a small area near a stream or prevent pollution from animal wastes.
A.
Fences shall be considered as
accessory uses to a principal permitted use and are permitted in all
zones in accordance with the below-listed requirements and, where
applicable, the design standards for site plan review.
B.
Location. All fences and walls shall be within property lines. No fence or wall shall violate sight easement requirements as established in § 296-139B of this chapter or street rights-of-way, nor shall any fence obstruct any stream, drainageway or floodplain.
C.
Residential uses.
(1)
No
fence on any lot in any residential district or on a lot in any other
district on which residential buildings are erected shall exceed four
feet in height above ground level when located at a distance closer
to any street line than the front setback line prescribed for such
district, nor shall any such fence exceed seven feet in height above
ground level when located at a distance equal to or greater than the
front setback line prescribed for the district.
(2)
Notwithstanding
the above, a fence of the chain-link type having a height not exceeding
10 feet may be erected around a tennis court accessory to a single-family
residence. Such tennis court must be located in the rear yard of such
lot and shall be for private use only. The fence must be placed directly
around the perimeter of the tennis court and must be located not closer
to any property line than the required setback for an accessory structure.
D.
Nonresidential uses. No fence
on any lot in any nonresidential district shall exceed a height of
eight feet above ground level. When site plan review is required,
however, the approving agency shall have the right to waive this requirement
when justified for safety or security reasons or for special screening
purposes.
E.
Materials. No fence shall be
erected of barbed wire, electrically charged, topped with broken glass
or metal spikes or constructed of any material which in any manner
may be dangerous to persons or animals, except that this provision
shall not apply to duly constituted farms on five acres or more.
F.
Design. Fences shall be architecturally
coordinated with structures occupying the same lot and surroundings.
G.
Maintenance. Every fence and
wall shall be maintained in a safe, sound, vertical condition and
shall withstand wind and weather and shall be subject to inspection
by the Raritan Township Construction Code Enforcement Department.
If it is determined by the Department that any fence or retaining
wall or portion thereof is not being maintained in a safe, sound and
vertical condition, the Department shall notify the owner of the lot
in writing of its findings and order such fence or retaining wall
or portion thereof to be repaired or removed within 15 days from the
date of such written notice to the owner.
H.
Agricultural fences.
[Amended by Ord. No. 13-3]
(1)
Agricultural fencing for
wildlife control. Commercial farms within the meaning of the Right
to Farm Act, N.J.S.A. 4:1C-1 et seq., may install agricultural fencing
for wildlife control, provided such installation comports with the
adopted Agricultural Management Practice (AMP) issued by the State
Agriculture Development Committee (SADC) at N.J.A.C. 2:76-2A(9). Such
fencing shall have a maximum height of eight feet and shall be installed
around the tillable cropland, pasture, hay or grazing land so as to
minimize the impact on neighboring properties.
(2)
For livestock or horses.
Commercial farms within the meaning of the Right to Farm Act, N.J.S.A.
4:1C-1 et seq., may install agricultural fencing for livestock or
horses, including but not limited to split rail, PVC, tape, wire mesh
and/or electric fencing. Such fencing shall have a maximum height
of six feet.
(3)
Noncommercial farms. Farms
that do not qualify as a commercial farm within the meaning of the
Right to Farm Act, N.J.S.A. 4:1C-1 et seq., may not install wildlife
control fencing but are permitted to install fences for livestock
and horses, except that the maximum height shall be six feet.
(4)
Prior to construction of
fencing pursuant to this subsection, a commercial farm must submit
a survey or sketch reflecting the proposed fencing and its location
on the property to the Land Use Enforcement Officer for a written
administrative review and approval. No zoning permit or zoning permit
fee shall be required.
A.
Subdivisions. The applicable
provisions of this chapter relating to minimum lot sizes and dwelling
unit density for residential development shall be modified in areas
of slopes greater than 12%.
(1)
Determination of modification.
(2)
The maximum number of dwelling
units allowed on tract shall be computed as follows:
|
(Land with 30% slopes x 0)
| ||
|
+ (Land with 20% to 29% slopes x 0.2)
| ||
|
+ (Land with 13% to 19% slopes x 0.5)
| ||
|
= total land available for development (TLD)
| ||
|
TLD
Minimum lot area required per dwelling unit (Schedule I attached to this chapter)
|
=
|
Total number of dwelling units permitted on tract
|
(3)
The concentration of development on lesser slopes is encouraged, and the Planning Board may authorize development on lots smaller than permitted in the zone district in accordance with the provisions of this chapter for cluster residential development (§ 296-132), where applicable, provided that the total number of dwelling units does not exceed the maximum allowed after application of the above modification formula.
(4)
Subdivision plats shall be designed so that the larger lots resulting from the application of this section shall be located in the steep slope areas. To calculate the amount of area by which lots in steep slope areas shall be increased in size, the total land available for development (TLD) calculated in Subsection A(2) of this section shall be subtracted from the net land area (total area outside of right-of-way) calculated in Subsection A(1)(a) of this section. The difference resulting from the subtraction shall be the area by which lots in steep slope areas shall be increased in size. Lots shall be increased in size in relation to the amount of area of steep slope on such lot and steepness of such slope so that the largest increases occur on those lots evidencing the largest amounts of areas of steep slope and the greatest steepness of slope.
(5)
In areas with slopes of
13% to 19.99%, no more than 30% of such areas shall be developed and/or
regraded or stripped of vegetation.
[Amended by Ord. No. 01-41]
(6)
In areas with slopes of
20% to 29.99%, no more than 15% of such areas shall be developed and/or
regraded or stripped of vegetation.
[Amended by Ord. No. 01-41]
(7)
In areas with slopes of
30% or more, no development, grading or removal of vegetation shall
be permitted.
[Amended by Ord. No. 01-41]
B.
Site plans. The maximum hard surface coverage permitted in Schedule I attached to this chapter shall be modified in areas of slopes greater than 12% as follows:
|
Percentage of Slope
|
Maximum Hard Surface Coverage
|
|---|---|
|
20% or greater
|
No development permitted
|
|
13% to 19%
|
50% of that permitted zone
|
|
0% to 12%
|
As permitted in zone
|
[Amended by Ord. No. 08-16]
A.
In the B-1, B-2, B-3, B-4, O-1,
O-2, OR and C-R-R Zoning Districts the hours of operation shall be
limited to 5:00 a.m. to 12:00 a.m. where such a use is adjacent to
a residential zoning district. ("Adjacent to" shall include uses located
across a public street from a residential zone.)
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
In the B-5 and PCOS Zones, the
hours of operation shall be controlled by the limitations listed in
those specific zoning districts.
