Township of Raritan, NJ District Regulations

The location and boundaries of the zoning districts within Raritan Township are established on the 2011 Zoning Map of the Township, which is made a part of this chapter. The map, and all notations, references and designations shown thereon, shall be as much a part of this chapter as if it were fully described and set forth herein.

A copy of the 2011 Zoning Map shall be on file in the Planning Board office and shall bear the signature of the Township Clerk and the date of adoption on the cover sheet.

The Zoning Map shall be amended to show Block 9, Lot 18, as being in the GH (Group Homes) Overlay Zone.

[Added by Ord. No. 08-8]

The Zoning Map shall be amended to show Block 16.01, Lots 37.01 and 54, as being located in the I-2 Zone with an overlay zoning of R-10.

[Added by Ord. No. 08-11]

The Zoning Map shall be amended to include Block 63.01, Lots 6, 7, 8, 8.01 and 8.02, and Block 86, Lots 3, 6, 8, 26.02 and 29, in the AR-5 Zone.

[Added by Ord. No. 08-13]

The Zoning Map shall be amended to rename the AR Zone to the AR-5 Zone.

[Added by Ord. No. 08-13]

The Zoning Map shall be amended to show Block 16, Lots 8, 9, 10, 11, 12, 13, and 50, and Block 9, Lots 20 and 21, being in the R-3 Zone.

[Added by Ord. No. 08-14]

The Zoning Map shall be amended to show Block 16, Lots 14.03, 14.04, 15, 67 and 67.03, and Block 16.03, Lot 1, as being in the OR Outdoor Recreation Overlay Zone.

[Added by Ord. No. 08-17; amended 6-5-2019 by Ord. No. 19-14]

The Zoning Map shall be amended to show Block 48, Lot 1, and Block 49, Lots 2, 2.01, 2.02 and 4, and Block 52, Lot 1, and Block 53.01, Lot 1.58, being in the P Zone.

[Added by Ord. No. 08-30]

The Zoning Map shall be amended by designating the entirety of the designated redevelopment area, consisting of Block 16.02, Lot 41, containing approximately 44.61 acres, within a new RJR Raritan Junction Redevelopment District.

[Added by Ord. No. 12-1]

The Zoning Map shall be amended by deleting "R-10" and replacing it with "MF" for the designation of the entirety of the designated redevelopment area, consisting of Block 16.01, Lots 37.01 and 54, containing approximately 11.59 acres.

[Added by Ord. No. 14-20]

The Zoning Map shall be amended to designate the entirety of the designated amended redevelopment area consisting of Block 27, Lots 22 and 23, containing approximately 8.7 acres, as a new SJRR South Junction Road Redevelopment District.

[Added 7-16-2019 by Ord. No. 19-20; amended 7-21-2020 by Ord. No. 20-23]

The Zoning Map shall be amended to designate the entirety of the designated redevelopment area consisting of Block 40, Lots 4 and 5.01, as the UBR U.S. Bronze Redevelopment District.

[Added 9-3-2019 by Ord. No. 19-23; 3-21-2023 by Ord. No. 23-5]

[Amended by Ord. No. 06-31; Ord. No. 08-3]

Purpose. Recognizing the physical and ecological constraints in this area as documented in the Township Master Plan, it is the purpose of this zone to limit development to agricultural and large lot rural residential and related uses. Within this zone, no lot, structure or accessory structure shall be used in whole or in part unless it complies with Schedules I and II attached to this chapter, other applicable sections of this chapter, and the following regulations.

Principal permitted uses.

Single-family detached dwellings.

Any form of agriculture or horticulture, including farm product sales, in accordance with the requirements of Subsection E(3). Commercial greenhouses are permitted as part of a farm as defined in this chapter.

Golf course and country club, provided such is located on a lot having an area of at least 100 acres, and provided that no structure or building shall be located closer than 200 feet to any property line.

Activities may include clubhouse, pro shop, noncommercial swimming pool, noncommercial tennis courts, and maintenance buildings.

Off-street parking shall be provided as specified by this chapter. No portion of such off-street parking area shall be located closer to any property line than 100 feet.

The Planning Board may require appropriate screening of parking areas, tennis courts, swimming pool and similar outdoor activities and may require shielding of outdoor lighting to prevent glare on adjacent properties.

Group homes.

[Added 11-18-2020 by Ord. No. 20-30]

Permitted accessory uses.

Private garages and carports.

Swimming pools and other recreational facilities for the residential uses and normally conducted on a residential lot.

Signs, fences and storage sheds.

The taking in of not more than two roomers or boarders.

Home offices.

Customary uses incidental to an agricultural or horticultural use permitted in this zone.

Noncommercial kennels. (See § 296-3, Definitions.)

Conditional uses.

[Amended 11-18-2020 by Ord. No. 20-30]

Public and private schools and child-care centers.

Houses of worship.

Public uses.

Essential services.

Farm stands.

Clubs, lodges and fraternal organizations.

Home occupations.

Camps.

Riding academies and boarding stables.

Animal hospitals and commercial kennels.

Agricultural research facilities.

Accessory apartments. (See § 296-3, Definitions.)

ECHO unit.

Limitations.

Keeping of animals on residential or nonfarm lots. On residential and nonfarm lots, not inclusive of any qualified farm under the right-to-farm laws:

[Amended 8-16-2022 by Ord. No. 22-08]

The keeping or raising of livestock, horses, poultry or rabbits shall be limited to lots of at least three acres in area and shall be limited to one head of livestock or horse or 20 fowl or rabbits per acre. The keeping or raising of swine, fur-bearing animals or animals which, by reason of the nature of their diet and/or living habits, normally cause or result in objectionable odors is prohibited.

On properties less than three acres in area, the keeping or raising of chickens for purely personal, educational or recreational purposes, involving no nuisance or menace to the public health, shall be permitted on residential and nonfarm lots subject to the following requirements, deviation(s) from which (with the exceptions of requirements [9] and [11]) requires a "c" variance pursuant to N.J.S.A. 40:55D-70c::

[Amended 3-21-2023 by Ord. No. 23-6]

The number of chickens on any one property shall be limited to no more than five.

Chickens shall be provided an enclosure, including a fenced run, pen or coop, which is covered, ventilated and predator/rodent resistant.

Said enclosure shall provide a minimum of four square feet per chicken with a fenced run or equal or greater space. All fencing shall be six feet in height.

The fenced run shall be well-drained so that there is no accumulation of runoff. The floors and walls of the enclosure shall be kept in a clean and sanitary condition, with all droppings collected at least weekly. Animal solid waste shall be kept in a covered container until composted or transported off premises.

Any structure, such as a fenced run, pen or coop, shall not be closer than 30 feet to any property line or located in front of the primary principal structure.

Any pen or coop shall not exceed 100 square feet; any pen or coop with a fenced run shall not exceed 200 square feet.

Any structure constructed or installed, such as a pen or coop, shall be considered an accessory structure and must meet applicable regulations governing accessory structures in addition to those set forth herein. In the event there are any inconsistencies between the regulations herein and those affecting other accessory structures, the provisions in this subsection shall control.

Chickens shall not be permitted to roam free on any property.

Roosters shall be prohibited. Deviation from this requirement shall require a "d(1)" use variance pursuant to N.J.S.A. 40:55D-70d(1).

Slaughtering of chickens shall not be performed within the public view on any residential or nonfarm lots.

Any person(s) seeking to keep or raise chickens pursuant to Subsection E(1)(b) shall obtain a permit from the Township Zoning Officer, which permit application shall require a fee of $100 and an inspection of the subject property to confirm compliance with the terms of this subsection, if deemed necessary. Any permit application shall be submitted by the property owner or otherwise provide for the property owner's consent.

The keeping of household pets such as birds, cats, dogs and rabbits is not in any way regulated by Subsection E(1)(a) and (b) and does not require any minimum acreage. The term "birds" shall mean those birds kept as indoor pets in cages, and shall specifically exclude chickens, roosters, ducks, geese and/or other fowl.

[Amended 3-21-2023 by Ord. No. 23-6]

The Township Zoning Officer, Code Enforcement Officer or Animal Control Officer shall have authority to discern compliance with this subsection and the authority to direct compliance with this subsection with regard to requiring certain facilities or activities by chicken owners to ensure that neighbors of those who keep chickens are not unreasonably subjected to noise, rodents, predators or other violations of the provisions of this subsection.

Sale of household goods and services. The sale of household goods and services and the advertising and display of such goods for sale are prohibited, except in the case of garage or yard sales held no more than twice a year.

Farm product sales. Farm product sales may take place on any farm or residential lot, provided that:

Only farm produce grown on the lot comprising the farm or residence may be sold.

The produce shall be displayed on the ground or on a table or other similar portable display. Any display area shall not exceed 100 square feet in surface area.

The display shall be removed at the end of the sales season.

The display area shall be set back at least 20 feet from the edge of the traveled lane to provide for sufficient room for parking.

Noncommercial kennels shall be permitted on a minimum of three acres with a minimum setback of 50 feet.

Exceptions to minimum lot size, lot width and cluster development prohibition.

Any vacant lot existing as of the date of adoption of the ordinance codified in this section in the R-1 Zoning District which lot shall become nonconforming as to lot area or width or both as a result of said ordinance (which amended Schedules I to III attached to this chapter) may be improved with a single-family dwelling and permitted accessory structures, provided that such lot could have been improved with a single-family dwelling and accessory structures under the R-1 Zoning District regulations existing immediately prior to adoption of said ordinance.

No lot improved with a single-family dwelling as of the date of adoption of the ordinance codified in this section shall be precluded from being expanded or from adding otherwise permitted accessory structures or uses onto such lot because such will not comply with the lot area and/or lot width requirements of the R-1 Zoning District as amended by said ordinance, provided that:

Such expansion or accessory structure or use would have been permitted under the R-1 Zoning District regulations existing immediately prior to adoption of said ordinance.

Such expansion or accessory structure or use otherwise complies with all required yard regulations of the R-1 Zoning District.

A development application for any property located in the R-1 Zoning District which application was deemed complete in accordance with these development regulations and the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., prior to the introduction of Ordinance No. 98-31 on July 27, 1998, shall be exempt from the provisions of Ordinance No. 98-31 and continue to be processed under the provision of the R-1 Zoning District as such existed prior to the adoption of Ordinance No. 98-31.

Any substantial revision to the preliminary plat application as part of the Planning Board review process of those completed applications qualifying under this exemption shall continue to be processed under the provisions of the R-1 Zoning District as such existed prior to the adoption of Ordinance No. 98-31.

Following the approval of a preliminary and/or final plat of such subdivision application exempt from the provisions of Ordinance No. 98-31, or the discontinuance, withdrawal or denial of such application, no further subdivision application to create an additional lot or lots shall be accepted or approved, except such applications which comply with the provisions of said ordinance.

[Amended by Ord. No. 08-3]

Zone created. There is created an R-1A Zoning District classification. The following area shall comprise the R-1A Zoning District: all of the area shown on the Official Zoning Map of the Township of Raritan in the R-3 Zoning District in the following blocks: Block 60, Block 63, Block 63.01, Block 83, Block 84, Block 86 and Block 86.01.

Uses and general requirements. All zoning and development ordinance regulations and requirements, including use, height, yard and building requirements, applying to an R-3 Zoning District shall apply to the R-1A Zoning District, except that the minimum lot area applicable to the R-1A District for a single-family residential permitted use shall be 100,000 square feet. It is specifically the intent that no use shall be permitted in the R-1A District unless such use is a principal permitted use, permitted accessory use or conditional use in the R-3 Zoning District. It is specifically the intent to include as conditional uses in the R-1A Zoning District all conditional uses in the R-3 Zoning District, including low-intensity highway-oriented uses and ECHO units, subject to the standards for such conditional uses as set forth in Part 3, Zoning, of this chapter. It is specifically the intent to permit, subject to Planning Board approval, lot averaging and cluster development in the R-1A Zoning District, except that the conventional lot size applicable to the R-1A District shall be not less than 100,000 square feet.

[Amended by Ord. No. 08-10; 11-18-2020 by Ord. No. 20-30]

Existing lots.

[Added by Ord. No. 08-31]

Any vacant lot existing as of April 28, 2008, in the R-1A Zoning District which lot shall become nonconforming as to lot area or width or both as a result of the minimum lot size increase from 80,000 to 100,000 square feet pursuant to Ordinance No. 08-10 may be improved with a single-family dwelling and permitted accessory structures, provided that such lot could have been improved with a single-family dwelling and accessory structures under the R-1A Zoning District regulations existing immediately prior to April 28, 2008.

No lot improved with a single-family dwelling as of April 28, 2008, shall be precluded from being expanded or from adding otherwise permitted accessory structures or uses onto such lot because such will not comply with the lot area and/or lot width requirements of the R-1A Zoning District, provided that:

Such expansion or accessory structure or use would have been permitted under the R-1A Zoning District regulations existing immediately prior to Ordinance No. 08-10 adopted on April 28, 2008.

Such expansion or accessory structure or use otherwise complies with all required yard regulations of the R-1A Zoning District.

[Amended by Ord. No. 06-31; Ord. No. 08-3]

Purpose. Recognizing the important historic heritage associated with this area, it is the purpose of this zone to limit development to low-density residential, agricultural, and related uses compatible with the existing structures and uses. Within this zone, no lot, structure or accessory structure shall be used in whole or in part unless it complies with Schedules I and II attached to this chapter, other applicable sections of this chapter, and the following regulations.

Principal permitted uses.

Single-family detached dwellings.

Any form of agriculture or horticulture, excluding commercial greenhouses. However, the sale of farm products is permitted in accordance with the requirements of Subsection E(3).

Group homes.

[Amended 11-18-2020 by Ord. No. 20-30]

Permitted accessory uses.

Private garages and carports.

Swimming pools and other recreational facilities for the residential uses and normally conducted on individual lots.

Signs, fences and storage sheds.

The taking in of not more than two roomers or boarders.

Home offices.

Customary uses incidental to an agricultural or horticultural use permitted in this zone.

Conditional uses.

[Amended 11-18-2020 by Ord. No. 20-30]

Public and private schools and child-care centers.

Public uses.

Essential services.

Home occupations.

Accessory apartments. (See § 296-3, Definitions.)

ECHO unit.

Limitations.

Keeping of animals on residential or nonfarm lots. On residential and nonfarm lots, not inclusive of any qualified farm under the Right to Farm laws:

[Amended 8-16-2022 by Ord. No. 22-08]

The keeping or raising of livestock, horses, poultry or rabbits shall be limited to lots of at least three acres in area and shall be limited to one head of livestock or horse or 20 fowl or rabbits per acre. The keeping or raising of swine, fur-bearing animals or animals which, by reason of the nature of their diet and/or living habits, normally cause or result in objectionable odors is prohibited.

On properties less than three acres in area, the keeping or raising of chickens for purely personal, educational or recreational purposes, involving no nuisance or menace to the public health, shall be permitted on residential and nonfarm lots, subject to the following requirements, deviation(s) from which (with the exceptions of requirements [9] and [11]) requires a “c” variance pursuant to N.J.S.A. 40:55D-70c::

[Amended 3-21-2023 by Ord. No. 23-6]

The number of chickens on any one property shall be limited to no more than five.

Chickens shall be provided an enclosure, including a fenced run, pen or coop, which is covered, ventilated and predator/rodent resistant.

Said enclosure shall provide a minimum of four square feet per chicken with a fenced run or equal or greater space. All fencing shall be six feet in height.

The fenced run shall be well-drained so that there is no accumulation of runoff. The floors and walls of the enclosure shall be kept in a clean and sanitary condition, with all droppings collected at least weekly. Animal solid waste shall be kept in a covered container until composted or transported off premises.

Any structure, such as a fenced run, pen or coop, shall not be closer than 30 feet to any property line or located in front of the primary principal structure; and shall not be more than 100 square feet in size.

Any pen or coop shall not exceed 100 square feet; any pen or coop with a fenced run shall not exceed 200 square feet.

Any structure constructed or installed, such as a pen or coop, shall be considered an accessory structure and must meet applicable regulations governing accessory structures in addition to those set forth herein. In the event there are any inconsistencies between the regulations herein and those affecting other accessory structures, the provisions in this subsection shall control.

Chickens shall not be permitted to roam free on any property.

Roosters shall be prohibited. Deviation from this requirement shall require a “d(1)” use variance pursuant to N.J.S.A. 40:55D70d(1).

Slaughtering of chickens shall not be performed within the public view on any residential or nonfarm lots.

Any person(s) seeking to keep or raise chickens pursuant to Subsection E(1)(b) shall obtain a permit from the Township Zoning Officer, which permit application shall require a fee of $100, and an inspection of the subject property to confirm compliance with the terms of this subsection, if deemed necessary. Any permit application shall be submitted by the property owner or otherwise provide for the property owner's consent.

The keeping of household pets such as birds, cats, dogs and rabbits is not in any way regulated by Subsection E(1)(a) and (b) and does not require any minimum acreage. The term "birds" shall mean those birds kept as indoor pets in cages, and shall specifically exclude chickens, roosters, ducks, geese and/or other fowl.

[Amended 3-21-2023 by Ord. No. 23-6]

The Township Zoning Officer, Code Enforcement Officer or Animal Control Officer shall have authority to discern compliance with this subsection and the authority to direct compliance with this subsection with regard to requiring certain facilities or activities by chicken owners to ensure that neighbors of those who keep chickens are not unreasonably subjected to noise, rodents, predators or other violations of the provisions of this subsection.

Sale of household goods and services. The sale of household goods and services and the advertising and display of such goods for sale are prohibited, except in the case of garage or yard sales held no more than twice a year.

Farm product sales. Farm product sales may take place on any farm or residential lot, provided that:

Only farm produce grown on the lot comprising the farm or residence may be sold.

The produce shall be displayed on the ground or a table or other similar portable display. Any display area shall not exceed 100 square feet in surface area.

The display shall be removed at the end of the sales season.

The display area shall be set back at least 20 feet from the edge of the traveled lane to provide for sufficient room for parking.

[Amended by Ord. No. 06-31; Ord. No. 08-3]

Purpose. It is the purpose of this zone to preserve the open agricultural character of this section of the Township and, at the same time, provide areas for low-density single-family residential development and related uses. Within this zone, no lot, structure or accessory structure shall be used in whole or in part unless it complies with Schedules I, II and III attached to this chapter, other applicable sections of this chapter, and the following regulations.

Principal permitted uses.

Single-family detached dwellings.

Any form of agriculture or horticulture, including farm product sales in accordance with the requirements of Subsection E(3). Commercial greenhouses are permitted as part of a farm as defined in this chapter.

Golf course and country club provided such is located on a lot having an area of at least 100 acres and provided that no structure or building shall be located closer than 200 feet to any property line.

Activities may include clubhouse, pro shop, noncommercial swimming pool, noncommercial tennis courts, and maintenance buildings.

Off-street parking shall be provided as specified by this chapter. No portion of such off-street parking area shall be located closer to any property line than 100 feet.

The Planning Board may require appropriate screening of such parking areas, tennis courts, swimming pool and similar outdoor activities and may require shielding of outdoor lighting to prevent glare on adjacent properties.

It is the intent of this section to also permit a golf course and golf course and country club in the R-1A Zoning District subject to the same provision as specified for the R-3 Zoning District.

Research farms.

Research farm for agricultural experimentation and trials. Ancillary uses may include but not be limited to laboratories, meeting and conference rooms, offices, facilities used for storing agricultural products and supplies, garages for the storage and repair of farm machinery used on the premises only and facilities associated with the disposition and treatment of agricultural waste materials. Such facilities associated with the disposition and treatment of agricultural waste materials shall be subject to necessary permitting by appropriate governmental units or agencies.

[Amended 11-18-2020 by Ord. No. 20-30]

Development standards for research farms.

No building or structure except for fencing and gating shall be located within 300 feet of any property line.

No more than 5% of the property shall be occupied by buildings and structures.

The height of buildings and structures shall not exceed 3 1/2 stories. In no case shall such 3 1/2 stories exceed a height of 45 feet.

The minimum lot size shall be 150 acres.

Group homes.

[Added 11-18-2020 by Ord. No. 20-30]

Permitted accessory uses.

Private garages and carports.

Swimming pools and other recreational facilities for the residential uses and normally conducted on individual lots.

Signs, fences and storage sheds.

The taking in of not more than two roomers or boarders.

Home offices.

Customary uses incidental to an agricultural or horticultural use permitted in this zone.

Noncommercial kennels. [See § 296-3, Definitions, and Subsection E(4) of this section.]

Conditional uses.

[Amended 11-18-2020 by Ord. No. 20-30]

Public and private schools and child-care centers.

Houses of worship.

Public uses.

Essential services.

Farm stands.

Clubs, lodges and fraternal organizations.

Home occupations.

Camps.

Riding academies and boarding stables.

Animal hospitals and commercial kennels.

Hospitals.

Low-intensity highway-oriented uses.

Accessory apartments. (See § 296-3, Definitions.)

ECHO unit.

Low-intensity highway-oriented conditional uses - NJSH-12.

Limitations.

Keeping of animals on residential or nonfarm lots. On residential and nonfarm lots, not inclusive of any qualified farm under the right-to-farm laws:

[Amended 8-16-2022 by Ord. No. 22-08]

The keeping or raising of livestock, horses, poultry or rabbits shall be limited to lots of at least three acres in area and shall be limited to one head of livestock or horse or 20 fowl or rabbits per acre. The keeping or raising of swine, fur-bearing animals or animals which, by reason of the nature of their diet and/or living habits, normally cause or result in objectionable odors is prohibited.

On properties less than three acres in area, the keeping or raising of chickens for purely personal, educational or recreational purposes, involving no nuisance or menace to the public health, shall be permitted on residential and nonfarm lots, subject to the following requirements, deviation(s) from which (with the exceptions of requirements [9] and [11]) requires a “c” variance pursuant to N.J.S.A. 40:55D-70c:

[Amended 3-21-2023 by Ord. No. 23-6]

The number of chickens on any one property shall be limited to no more than five.

Chickens shall be provided an enclosure, including a fenced run, pen or coop, which is covered, ventilated and predator/rodent resistant.

Said enclosure shall provide a minimum of four square feet per chicken with a fenced run or equal or greater space. All fencing shall be six feet in height.

The fenced run shall be well-drained so that there is no accumulation of runoff. The floors and walls of the enclosure shall be kept in a clean and sanitary condition, with all droppings collected at least weekly. Animal solid waste shall be kept in a covered container until composted or transported off premises.

Any structure, such as a fenced run, pen or coop, shall not be closer than 30 feet to any property line or located in front of the primary principal structure; and shall not be more than 100 square feet in size.

Any pen or coop shall not exceed 100 square feet; any pen or coop with a fenced run shall not exceed 200 square feet.

Any structure constructed or installed, such as a pen or coop, shall be considered an accessory structure and must meet applicable regulations governing accessory structures in addition to those set forth herein. In the event there are any inconsistencies between the regulations herein and those affecting other accessory structures, the provisions in this subsection shall control.

Chickens shall not be permitted to roam free on any property.

Roosters shall be prohibited. Deviation from this requirement shall require a “d(1)” use variance pursuant to N.J.S.A. 40:55D-70d(1).

Slaughtering of chickens shall not be performed within the public view on any residential or nonfarm lots.

Any person(s) seeking to keep or raise chickens pursuant to Subsection E(1)(b) shall obtain a permit from the Township Zoning Officer, which permit application shall require a fee of $100, and an inspection of the subject property to confirm compliance with the terms of this subsection, if deemed necessary. Any permit application shall be submitted by the property owner or otherwise provide for the property owner's consent.

The keeping of household pets such as birds, cats, dogs and rabbits is not in any way regulated by Subsection E(1)(a) and (b) and does not require any minimum acreage. The term "birds" shall mean those birds kept as indoor pets in cages, and shall specifically exclude chickens, roosters, ducks, geese and/or other fowl.

[Amended 3-21-2023 by Ord. No. 23-6]

The Township Zoning Officer, Code Enforcement Officer or Animal Control Officer shall have authority to discern compliance with this subsection and the authority to direct compliance with this subsection with regard to requiring certain facilities or activities by chicken owners to ensure that neighbors of those who keep chickens are not unreasonably subjected to noise, rodents, predators or other violations of the provisions of this subsection.

Sale of household goods and services. The sale of household goods and services and the advertising and display of such goods for sale are prohibited, except in the case of garage or yard sales held no more than twice a year.

Farm product sales. Farm product sales may take place on any farm or residential lot, provided that:

Only farm produce grown on the lot comprising the farm or residence may be sold.

The produce shall be displayed on the ground or a table or other similar portable display. Any display area shall not exceed 100 square feet in surface area.

The display shall be removed at the end of the sales season.

The display area shall be set back at least 20 feet from the edge of the traveled lane to provide for sufficient room for parking.

Noncommercial kennels shall be permitted on a minimum of three acres with a minimum setback of 50 feet.

[Amended by Ord. No. 08-3]

Purpose. Recognizing the developmental conflicts in this area of topographic constraints versus the availability of public utilities, it is the purpose of this zone to limit development to medium-density single-family residential development and related uses. Within this zone, no lot, structure or accessory structure shall be used in whole or in part unless it complies with Schedules I, II and III attached to this chapter, other applicable sections of this chapter, and the following regulations.

Principal permitted uses.

Single-family detached dwellings.

Any form of agriculture or horticulture, including farm product sales in accordance with the requirements of Subsection E(3).

Group homes.

[Added 11-18-2020 by Ord. No. 20-30]

Permitted accessory uses.

Private garages and carports.

Swimming pools and other recreational facilities for the residential uses and normally conducted on individual lots.

Signs, fences and storage sheds.

The taking in of not more than two roomers or boarders.

Home offices.

Customary uses incidental to an agricultural or horticultural use permitted in this zone.

Conditional uses.

[Amended 11-18-2020 by Ord. No. 20-30]

Public and private schools and day nurseries.

Houses of worship.

Public uses.

Essential services.

Clubs, lodges and fraternal organizations.

Home occupations.

Nursing homes.

Accessory apartments. (See § 296-3, Definitions.)

ECHO units.

Limitations.

Keeping of animals on residential or nonfarm lots. On residential and nonfarm lots, not inclusive of any qualified farm under the right-to-farm laws:

[Amended 8-16-2022 by Ord. No. 22-08]

The keeping or raising of livestock, horses, poultry or rabbits shall be limited to lots of at least three acres in area and shall be limited to one head of livestock or horse or 20 fowl or rabbits per acre. The keeping or raising of swine, fur-bearing animals or animals which, by reason of the nature of their diet and/or living habits, normally cause or result in objectionable odors is prohibited.

On properties less than three acres in area, the keeping or raising of chickens for purely personal, educational or recreational purposes, involving no nuisance or menace to the public health, shall be permitted on residential and nonfarm lots, subject to the following requirements, deviation(s) from which (with the exceptions of requirements [9]and [11]) requires a “c” variance pursuant to N.J.S.A. 40:55D-70c:

[Amended 3-21-2023 by Ord. No. 23-6]

The number of chickens on any one property shall be limited to no more than five.

Chickens shall be provided an enclosure, including a fenced run, pen or coop, which is covered, ventilated and predator/rodent resistant.

Said enclosure shall provide a minimum of four square feet per chicken with a fenced run or equal or greater space. All fencing shall be six feet in height.

The fenced run shall be well-drained so that there is no accumulation of runoff. The floors and walls of the enclosure shall be kept in a clean and sanitary condition, with all droppings collected at least weekly. Animal solid waste shall be kept in a covered container until composted or transported off premises.

Any structure, such as a fenced run, pen or coop, shall not be closer than 30 feet to any property line or located in front of the primary principal structure; and shall not be more than 100 square feet in size.

Any pen or coop shall not exceed 100 square feet; any pen or coop with a fenced run shall not exceed 200 square feet.

Any structure constructed or installed, such as a pen or coop, shall be considered an accessory structure and must meet applicable regulations governing accessory structures in addition to those set forth herein. In the event there are any inconsistencies between the regulations herein and those affecting other accessory structures, the provisions in this subsection shall control.

Chickens shall not be permitted to roam free on any property.

Roosters shall be prohibited. Deviation from this requirement shall require a "d(1)" use variant pursuant to N.J.S.A. 40:55D-70d(1).

Slaughtering of chickens shall not be performed within the public view on any residential or nonfarm lots.

Any person(s) seeking to keep or raise chickens pursuant to Subsection E(1)(b) shall obtain a permit from the Township Zoning Officer, which permit application shall require a fee of $100, and an inspection of the subject property to confirm compliance with the terms of this subsection, if deemed necessary. Any permit application shall be submitted by the property owner or otherwise provide for the property owner's consent.

The keeping of household pets such as birds, cats, dogs and rabbits is not in any way regulated by Subsection E(1)(a) and (b) and does not require any minimum acreage. The term "birds" shall mean those birds kept as indoor pets in cages, and shall specifically exclude chickens, roosters, ducks, geese and/or other fowl.

[Amended 3-21-2023 by Ord. No. 23-6]

The Township Zoning Officer, Code Enforcement Officer or Animal Control Officer shall have authority to discern compliance with this subsection and the authority to direct compliance with this subsection with regard to requiring certain facilities or activities by chicken owners to ensure that neighbors of those who keep chickens are not unreasonably subjected to noise, rodents, predators or other violations of the provisions of this subsection.

Sale of household goods and services. The sale of household goods and services and the advertising and display of such goods for sale are prohibited, except in the case of garage or yard sales held no more than twice a year.

Farm product sales. Farm product sales may take place on any farm or residential lot, provided that:

Only farm produce grown on the lot comprising the farm or residence may be sold.

The produce shall be displayed on the ground or on a table or other similar portable display. Any display area shall not exceed 100 square feet in surface area.

The display shall be removed at the end of the sales season.

The display area shall be set back at least 20 feet from the edge of the traveled lane to provide for sufficient room for parking.

[Amended by Ord. No. 08-3]

Purpose. It is the purpose of this zone to provide appropriate areas of the Township for higher density, predominantly residential development, including a range of dwelling unit types, from single-family detached homes to apartments. Within this zone, no lot, structure or accessory structure shall be used in whole or in part unless it complies with Schedules I, II and III attached to this chapter, other applicable sections of this chapter, and the following regulations.

Principal permitted uses.

Single-family detached dwellings.

Planned residential developments in accordance with the requirements of § 296-101. The maximum number of all bedrooms on the land proposed to be developed for planned residential development shall not exceed eight bedrooms times the number of acres in the tract. In computing the maximum number of bedrooms that shall be permitted, the following areas of land shall not be included in the acreage:

Existing easements;

Land in channel and floodways; and

Land on slopes in excess of 20%.

Housing for elderly or low- and moderate-income families in accordance with the requirements of § 296-102.

Two-family houses shall be permitted, provided that they comply with the following standards:

Safe and proper means of entrance and exit shall be provided. Staircases providing access to units shall be enclosed or located to the rear of the structure. Each unit shall have a separate, independent structure.

Each unit shall be connected to public sewer and public water. Such usage shall follow approval by the Board of Health.

Each two-family house shall be located on a lot area of at least 40,000 square feet and minimum frontage width of 200 feet.

Each unit shall have a total floor area of at least 500 square feet and at least one bedroom.

Group homes.

[Added 11-18-2020 by Ord. No. 20-30]

Permitted accessory uses.

Private garages and carports.

Swimming pools and other recreational facilities for the residential uses and normally conducted on individual lots.

Signs, fences and storage sheds.

The taking in of not more than two roomers or boarders.

Home offices.

Conditional uses.

[Amended 11-18-2020 by Ord. No. 20-30]

Public and private day schools and day nurseries.

Houses of worship.

Public uses.

Essential services.

Clubs, lodges and fraternal organizations.

Nursing homes.

Home occupations.

Accessory apartments. (See § 296-3, Definitions.)

Limitations.

Keeping of animals on residential or nonfarm lots. On residential and nonfarm lots, not inclusive of any qualified farm under the right-to-farm laws:

[Amended 8-16-2022 by Ord. No. 22-08]

The keeping or raising of livestock, horses, poultry or rabbits is prohibited on lots of any size.

The keeping of household pets such as birds, cats, dogs and rabbits is permitted. The term "birds" shall mean those birds kept as indoor pets in cages, and shall specifically exclude chickens, roosters, ducks, geese and/or other fowl.

[Amended 3-21-2023 by Ord. No. 23-6]

Sale of household goods and services. The sale of household goods and services and the advertising and display of such goods for sale are prohibited, except in the case of garage or yard sales held no more than twice a year.

Farm product sales. Farm product sales may take place on any farm or residential lot, provided that:

Only farm produce grown on the lot comprising the farm or residence may be sold.

The produce shall be displayed on the ground or a table or other similar portable display. Any display area shall not exceed 100 square feet in surface area.

The display shall be removed at the end of the sales season.

The display area shall be set back at least 20 feet from the edge of the traveled lane to provide for sufficient room for parking.

[Amended by Ord. No. 08-3]

The intent of this section is to allow in all portions of the R-5 Zone served by public sewers and public water, and under reasonable requirements, planned residential developments allowing a variety of housing types within the overall density limits established. The standards established herein are based on the premise that a portion of the Township's future housing supply shall be other than single-family detached housing, to meet the needs of single- and two-person households of all ages and all income levels.

Where permitted. Planned residential developments shall be permitted in all portions of the R-5 Zone served by public sewer and public water.

Minimum acreage required. Fifty contiguous acres shall be the minimum required area for a planned residential development.

Uses permitted. Planned residential development shall include single-family detached structures, single-family attached and multifamily structures. Cooperative, condominium, rental or sales may be permitted. Retail and service uses, including parking not in excess of 5% of the land area, shall be permitted. Such uses shall be so located as to serve the residents of the development.

Timing of development. The Planning Board shall establish reasonable timing schedules on the sequence and number of housing types that may be constructed annually as part of planned residential development.

Maximum number of bedrooms. The maximum number of all bedrooms on the land proposed to be developed for planned residential development shall not exceed eight bedrooms times the number of acres in the tract. In computing the maximum number of bedrooms that shall be permitted, the following areas of land shall not be included in the acreage: existing easements, land in channel and floodways, and land on slopes in excess of 20%.

Maximum number by type. Not more than 40% of all bedrooms shall be in any housing type, single-family detached, single-family attached or multifamily.

Minimum standards for single-family detached housing. Single-family detached housing shall be built in accordance with the standards of the R-5 Zone as may be modified by § 296-132.

Minimum standards for multifamily housing (apartment units).

Placement of buildings.

No building or structure for dwelling use shall face the rear of another such building or structure or the rear of buildings or structures on adjoining properties unless separated by a minimum distance of 100 feet.

Any building or structure which cannot properly be served by emergency or service vehicles from a street or road abutting the lot shall be made accessible to such vehicles by a paved driveway.

The minimum distance between buildings and structures shall be 50 feet. The minimum distance from any building or structure to any rear or side lot line shall be 50 feet. Notwithstanding the above, the unenclosed deck on the rear or side of a multifamily unit may extend not more than 10 feet into such required 50 feet of distance between buildings and structures or such required distance from any building or structure to any rear or side lot line.

Parking, roads and sidewalks.

Parking shall be provided as required by § 296-155. Dimensions and standards shall be as required in Article XVII and the standards for site plan review.

Roads designed to serve multifamily units shall have a minimum width of 30 feet, paved and curbed in accordance with applicable standards.

Sidewalks shall have a minimum width of four feet and be located along streets, between buildings, and between parking areas and buildings.

Maximum number of units in any apartment structure. There shall be no more than eight dwelling units in any unbroken building line of such structures. A setback of not less than four feet shall be deemed a satisfactory break in the building line.

Recreation. Recreation facilities shall be developed suitable to serve the residents of the dwelling units. They shall be located in an area which will not be detrimental to adjacent property owners or residents by virtue of noise, light, glare and any other objectionable features emanating from such a facility.

Services. No outside area or equipment shall be provided for the handling of laundry or the outside airing of laundry in any manner. Sufficient area and equipment shall be made available within each building for the laundering and artificial drying of laundry of the occupants of each building. Waste materials and garbage must be privately disposed of by a method approved by the Township Board of Health.

Landscaping. All developments shall be provided with professionally designed and executed landscaping. All areas not utilized for parking areas, driveways, streets and roads, recreational facilities, patios or terraces shall be provided with lawns or other suitable ground cover, trees and shrubs. Continuous evergreen screening shall be provided where multifamily or attached units abut the tract boundary line, such screening to be no less than four feet high when planted. In addition, the Planning Board may, if conditions warrant, require supplemental screening by a solid fence up to six feet in height. Shade trees shall be provided along walks, driveways, parking areas, streets and roads. Screening or buffers consisting of fencing or landscaping may be required around recreation, parking, utility and refuse disposal areas, and around other similar areas, at the discretion of the Planning Board. All landscaping shall be maintained in good condition and shall be replaced when necessary. Yards, patios and gardens on individual lots shall be shielded with walls as approved by the Planning Board to the extent necessary to achieve a reasonable degree of privacy. No trees shall be planted between the curb and sidewalks.

Minimum dwelling unit size.

Efficiencies: 400 square feet.

One bedroom: 600 square feet.

Two bedrooms or more: 750 square feet.

Minimum standards for single-family attached housing.

Individual lot requirements.

Minimum width. The average width of all individual lots shall be not less than 22 feet, and no individual lot shall have a width of less than 20 feet, such width to be measured at the actual building setback line for each individual lot.

Minimum area. The average area of all individual lots shall be not less than 2,200 square feet, and no individual lot shall have an area of less than 2,000 square feet.

Front and rear yards. Each individual lot shall have a front and rear yard, and no such yard shall be less than 20 feet. The average front and rear yards for all individual lots in any tract shall be not less than 25 feet.

The number of individual lots with front or rear yards of less than 25 feet shall be equal to those with front or rear yards of more than 25 feet, and by the same number of feet.

Corner lots shall observe a setback of at least 25 feet from each street right-of-way line or edge of pavement, whichever is greater.

Side yard. There shall be a single side yard of not less than 10 feet at the ends of each row.

Building requirements.

Design.

No dwelling unit shall have a floor area of less than 800 square feet.

Each dwelling unit shall have not less than two exposures.

There shall be no more than eight dwelling units in any single group of dwelling units.

No dwelling unit, or group of dwelling units, shall exceed 2 1/2 stories or 35 feet, whichever is less. No living space shall be permitted above the second floor.

No more than two adjacent dwelling units may be constructed without providing a front wall setback of not less than two feet.

Siting.

Each dwelling unit shall have two means of ingress and egress.

Each group of dwelling units shall set back no less than 50 feet from any tract boundary line, except that where the rear yard of an individual lot abuts the rear yard of property adjacent to the tract, this setback may be reduced to 35 feet if necessary to enhance the design of the tract.

No group of dwelling units within the tract shall be closer than 30 feet to any other group of dwelling units within the tract.

Dwelling units and accessory buildings on individual lots shall not, in the aggregate, cover more than 60% of the area of each individual lot.

Parking requirements. As required in Article XVII.

Utilities, facilities and landscaping.

Refuse storage areas shall be located on each individual lot and shall be so designed as to minimize any detrimental effect on the character of the development and shall meet the setback requirements set forth herein for groups of dwelling units.

All utility wiring shall be underground.

Common accessory buildings and facilities shall be designed to harmonize with the overall character of the development and shall meet the setback requirements set forth herein for groups of dwelling units.

Landscaping shall be as required in Subsection H(6) of this section.

Ownership of common areas. Common areas of any tract utilized for a planned residential development (PRD) which are not accepted by the Township shall be deeded to a corporation, association, individuals or other legal entity consisting of a majority of the property owners within the development for their use, control, management and maintenance. Any agreements providing for such ownership shall be reviewed and approved by the Planning Board to ensure that adequate safeguards are included guaranteeing the continuance of the agreement in perpetuity and protecting the Township from harm. In any event, the agreement shall give the Township the right to perform maintenance and assess the cost to the property owners in the event that the property owners fail to maintain the property in accordance with the agreement pursuant to N.J.S.A. 40:55d-43.

Maintenance. It shall be the responsibility of the owner of the property to maintain all off-street parking, loading and unloading areas, driveways, aisles and accessways in good condition, free of litter and refuse, potholes, cracked pavement, ice, snow or other seasonal hazards, etc. All lighting, bumpers, markings, signs, drainage and landscaping shall be similarly kept in workable, safe and good condition. If the owner fails to undertake repairs, after proper notification by the Building Inspector, the Township Committee may authorize repairs to be made at the owner's expense if, in the Committee's opinion, conditions constitute a hazard to the safety and welfare of the Township residents and visitors.

Additional housing for elderly or low- and moderate-income families.

Bonus provision. The maximum number of bedrooms permitted under Subsection E of this section may be exceeded by up to 10%, provided that the 10% or portion thereof is planned, constructed and maintained as housing for low- and moderate-income families or elderly low- and moderate-income families. This bonus provision may be applied to any housing type. Such housing for low- and moderate-income families or elderly low- and moderate-income families shall be subject to all Raritan Township non-zoning affordable housing ordinances and regulations in effect or as may be adopted or amended.[1]

Editor's Note: See Ch. 170, Affordable Housing.

Waiver. The regulations governing the minimum number of parking spaces, the minimum square footage of dwelling units or other similar requirements may be waived, after a public hearing by the Planning Board, when it becomes necessary for such housing to meet the specific requirements or recommendations of a recognized state or federal subsidization program or covenant trust system. It is not intended that the density or number of bonus units may be increased over that provided in this chapter, or that setback, height or other requirements shall be waived except through normal variance procedures.

Recreation and common open space. A minimum of 25% of the gross tract area shall be set aside as common open space as follows:

A minimum of 10% of the gross tract area shall be in formal recreational facilities such as swimming pools, tennis courts, baseball diamonds, playgrounds and playing fields.

A minimum of 10% of the gross tract areas shall be in natural features, vistas, significant wooded areas, vegetation and other usable open space, which shall be defined as lands other than in channels and floodways, and on slopes in excess of 25%, or water bodies, whether used for recreation, retention or detention purposes.

Five percent of the gross tract area may include all lands excluded in Subsection M(2) of this section and water bodies.

Preliminary subdivision and site plan approval of PRD sections.

See preliminary plat requirements and procedures set forth in Part 2, Subdivisions and Site Plans, of this chapter. Site plans for multifamily and attached housing, recreation and commercial areas shall be submitted at a scale of no less than one inch equals 50 feet.

Detailed stormwater and soil erosion and sediment control plans for the entire project shall be submitted, along with the preliminary submission for Subsection N(1) of the project.

Changes in unit count and road, unit, drainage basin, etc., locations may be required from the sketch plat if, in the opinion of the Planning Board, the detailed engineering indicates the need.

A detailed submission of the homeowners' association bylaws and legal instrument shall be submitted to the Planning Board for its Attorney's review and approval.

O.

Final submission and site plan approval of PRD sections. See final plat requirements and procedures set forth in Part 2, Subdivisions and Site Plans, of this chapter. Site plans shall be submitted at a scale of no less than one inch equals 50 feet.

[Amended by Ord. No. 08-3]

Senior citizen housing shall meet the minimum standards for multifamily housing found in § 296-101, with the following exceptions and additions:

Minimum project lot size: five acres.

Maximum density: 12 units per net acre.

Parking requirement: 1/2 space per unit.

Minimum dwelling unit size:

Efficiency: 400 square feet.

One bedroom: 470 square feet.

Two bedrooms: 550 square feet.

Three or more bedrooms: not permitted.

Utilities required: public sewer and water.

[Amended by Ord. No. 06-31; Ord. No. 08-3]

Purpose. It is the purpose of this zone to provide areas for medium-density residential use, relatively small lot sizes and attached, as well as detached, single-family units. Within this zone, no lot, structure or accessory structure shall be used in whole or in part unless it complies with Schedules I, II and III attached to this chapter, other applicable sections of this chapter and the following regulations.

Principal permitted uses.

[Amended by Ord. No. 08-15]

Single-family detached dwellings.

Any form of agriculture or horticulture, excluding commercial greenhouses. However, the sale of farm products is permitted in accordance with the requirements of Subsection E(3).

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Group homes.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Permitted accessory uses.

Private garages and carports.

Swimming pools and other recreational facilities for the residential uses and normally conducted on individual lots.

Signs, fences and storage sheds.

The taking in of not more than two roomers or boarders.

Home offices.

Conditional uses.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Public and private schools and child-care centers.

Houses of worship.

Public uses.

Essential services.

Clubs, lodges and fraternal organizations.

Nursing homes.

Home occupations.

Accessory apartments. (See § 296-3, Definitions.)

ECHO unit.

Limitations.

Keeping of animals on residential or nonfarm lots. On residential and nonfarm lots, not inclusive of any qualified farm under the right-to-farm laws:

[Amended 8-16-2022 by Ord. No. 22-08]

The keeping or raising of livestock, horses, poultry or rabbits shall be limited to lots of at least three acres in area and shall be limited to one head of livestock or horse or 20 fowl or rabbits per acre. The keeping or raising of swine, fur-bearing animals or animals which, by reason of the nature of their diet and/or living habits, normally cause or result in objectionable odors is prohibited.

On properties less than three acres in area, the keeping or raising of chickens for purely personal, educational or recreational purposes, involving no nuisance or menace to the public health, shall be permitted on residential and nonfarm lots, subject to the following requirements, deviation(s) from which (with the exceptions of requirements [9] and [11]) requires a "c" variance pursuant to N.J.S.A. 40:55D-70c:

[Amended 3-21-2023 by Ord. No. 23-6]

The number of chickens on any one property shall be limited to no more than five.

Chickens shall be provided an enclosure, including a fenced run, pen or coop, which is covered, ventilated and predator/rodent resistant.

Said enclosure shall provide a minimum of four square feet per chicken with a fenced run or equal or greater space. All fencing shall be six feet in height.

The fenced run shall be well-drained so that there is no accumulation of runoff. The floors and walls of the enclosure shall be kept in a clean and sanitary condition, with all droppings collected at least weekly. Animal solid waste shall be kept in a covered container until composted or transported off premises.

Any structure, such as a fenced run, pen or coop, shall not be closer than 30 feet to any property line or located in front of the primary principal structure; and shall not be more than 100 square feet in size.

Any pen or coop shall not exceed 100 square feet; any pen or coop with a fenced run shall not exceed 200 square feet.

Any structure constructed or installed, such as a pen or coop, shall be considered an accessory structure and must meet applicable regulations governing accessory structures in addition to those set forth herein. In the event there are any inconsistencies between the regulations herein and those affecting other accessory structures, the provisions in this subsection shall control.

Chickens shall not be permitted to roam free on any property.

Roosters shall be prohibited. Deviation from this requirement shall require a "d(1)" use variance pursuant to N.J.S.A. 40:55D-70d(1).

Slaughtering of chickens shall not be performed within the public view on any residential or nonfarm lots.

Any person(s) seeking to keep or raise chickens pursuant to Subsection E(1)(b) shall obtain a permit from the Township Zoning Officer, which permit application shall require a fee of $100, and an inspection of the subject property to confirm compliance with the terms of this subsection, if deemed necessary. Any permit application shall be submitted by the property owner or otherwise provide for the property owner's consent.

The keeping of household pets such as birds, cats, dogs and rabbits is not in any way regulated by Subsection E(1)(a) and (b) and does not require any minimum acreage. The term "birds" shall mean those birds kept as indoor pets in cages, and shall specifically exclude chickens, roosters, ducks, geese and/or other fowl.

[Amended 3-21-2023 by Ord. No. 23-6]

The Township Zoning Officer, Code Enforcement Officer or Animal Control Officer shall have authority to discern compliance with this subsection and the authority to direct compliance with this subsection with regard to requiring certain facilities or activities by chicken owners to ensure that neighbors of those who keep chickens are not unreasonably subjected to noise, rodents, predators or other violations of the provisions of this subsection.

Sale of household goods and services. The sale of household goods and services and the advertising and display of such goods for sale are prohibited except in the case of garage or yard sales held no more than twice a year.

Farm product sales. Farm product sales may take place on any farm or residential lot, provided that:

Only farm produce grown on the lot comprising the farm or residence may be sold.

The produce shall be displayed on the ground or a table or other similar portable display. Any display area shall not exceed 100 square feet in surface area.

The display shall be removed at the end of the sales season.

The display area shall be set back at least 20 feet from the edge of the traveled lane to provide for sufficient room for parking.

Single-family attached dwellings. See now § 296-104G in the R-6LM Residential District.

[Added by Ord. No. 08-15]

[Amended by Ord. No. 08-3]

District created. There is created an R-6LM District within the Township. The following properties shall be in the R-6LM Zoning District:

Block	Lot
53	3
53	5
53	9
53	11
53	15
45	2
18	2
18	3
18	13
18	19
18	20
18	21
18	100
63	21

Low -and moderate-income units required.

All development of single-family attached dwellings in the R-6LM District shall be required to provide housing affordable to low- and moderate-income households at the rate of at least 20% of the number of dwellings units to be constructed. All single-family detached dwellings in the R-6LM District shall be required to provide housing affordable to low- and moderate-income households at the rate of at least 15% of the number of dwelling units to be constructed.

Such low- and moderate-income units may be provided in single-family attached units or multifamily dwellings. Any multifamily housing shall comply with §§ 296-101 and 296-75B as well as all applicable provisions of Part 2, Subdivisions and Site Plans, of this chapter.

If the required percentage of low- and moderate-income housing units required to be constructed in an R-6LM District yields a fraction of 1/2 or more, the number shall be rounded up to the next whole number; if the required percentage yields a fraction of less than 1/2, the number may be rounded down to the next whole number.

In any development that is staged, phased, or sectioned, the number of low- and moderate-income units provided in each stage shall as much as practical be 20% of the total number of units in each stage, phase, or section for single-family attached units and 15% for single-family detached units.

Maximum height. The maximum height of buildings shall not exceed 2 1/2 stories. In no case shall such 2 1/2 stories exceed a height of 35 feet.

Other area and bulk requirements.

All area and bulk requirements in the R-6 Zoning District applying to single-family attached units shall apply to single-family attached units in the R-6LM Zoning District, including lot width, minimum yard requirements for principal and accessory structures and maximum hard surface coverage.

Any multifamily units for low- and moderate-income households shall be evenly dispersed through the entire development and shall comply with all required minimum yard setback regulations and maximum coverage requirements applicable to single-family attached units in the R-6LM Zoning District.

Open space and active recreation facilities shall be provided as required by the site development standards of Article XI for a single-family attached dwelling development. Such development shall include units for low- and moderate-income households unless such low- and moderate-income units have been provided elsewhere through an agreement or arrangement acceptable to the Municipal Agency, such as via a regional contribution agreement.

In addition to open space and active recreation facilities, permitted accessory uses may include a clubhouse building. Such clubhouse building shall be for the exclusive use of the residents of the development to which it is accessory.

Active recreation facilities and/or a clubhouse building may be located on a lot other than the lot or lots upon which the single-family attached dwelling units are located, provided that such lot upon which such active recreation facilities and/or clubhouse is located is in the same zoning district as the lot or lots upon which the single-family attached units are located, and provided further that such lot upon which such active recreational facilities and/or clubhouse is located is or will be owned by a homeowners' association which will also own other open space and active recreation facilities in the development, and provided further that the location of such active recreation facilities and/or clubhouse is acceptable to the Municipal Agency.

If a structure for active recreation use or clubhouse use is located on a lot other than the lot or lots upon which the single-family attached units are proposed, such structure shall not be located closer to any front property line than 50 feet, closer to any rear property line than 40 feet or closer to any side property line than 20 feet. The height of any recreation structure or clubhouse shall not exceed one story nor shall such height exceed 20 feet.

Off-street parking shall be provided in accordance with ordinance requirements for such active recreation facilities and/or clubhouse on the lot upon which such facilities are located, except that a swimming pool for the exclusive use of residents of a development to which such pool and clubhouse are an accessory shall provide off-street parking at the following minimum rate:

Swimming pool: one space for each 90 square feet of pool surface area (not including children's wading pools).

Where off-street parking is provided for a swimming pool and an adjacent clubhouse, both of which are accessory uses to a single-family attached development and where both facilities are located on the same lot, the Municipal Agency may reduce the required number of off-street parking spaces for the two facilities by not more than 20% of the total required number of parking spaces.

Permitted uses.

Single-family attached dwellings which shall meet the minimum standards for single-family attached housing found in Subsections B, C, D, F and G of this section.

Single-family detached dwellings which shall meet the minimum standards set forth in § 296-98, R-3 Residential District, and subject to Subsection B of this section.

Permitted accessory uses to single-family detached dwellings as set forth in § 296-98C(1) through (5) which shall meet the minimum standards pertaining to such permitted accessory uses as set forth in § 296-98, R-3 Residential District.

Minimum standards.

Minimum project lot size: 30 acres.

Maximum density: six units per net acre, including low- and moderate-income housing units. Net acreage shall be calculated by subtracting from gross acreage land devoted to existing rights-of-way, existing easements, land within the 100-year floodplain and land on slopes in excess of 20%.

Utilities required: public water and sewer.

Open space required: minimum of 30% of the net tract area. The Planning Board shall not generally approve open space areas of less than five acres except when such a site is considered adequate for its specific use.

Ownership of common areas: pursuant to § 296-101.

All attached units shall front on an internal street of the project.

Single-family attached dwellings. Single-family attached dwellings shall meet the minimum standards for single-family attached housing found in § 296-101 and the following:

[Amended by Ord. No. 08-15]

Minimum project lot size: 15 acres.

The maximum density of single-family attached dwellings in the R-6 and R-6LM Districts shall be 3.3 units per net acre. Net acreage shall be calculated by subtracting from gross acreage land devoted to existing rights-of-way, existing easements, land within the 100-year floodplain and land on slopes in excess of 20%.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Utilities required: public sewer and water.

Unit mix: single-family detached dwellings may be included in the development.

Open space required: minimum of 35% of the net tract area. The Planning Board shall not generally approve open space areas of less than five acres except when such a site is considered adequate for its specific use.

Ownership of common areas: pursuant to § 296-101.

All attached units shall front on an internal street of the project.

[Amended by Ord. No. 06-31; Ord. No. 08-3]

Purpose. It is the purpose of this zone to provide an area of medium-high density appropriate to and reserved primarily for the development of apartments and townhouse dwelling units. Within this zone, no lot, structure or accessory structure shall be used in whole or in part unless it complies with Schedule I attached to this chapter, other applicable sections of this chapter, and the following regulations.

Principal permitted uses.

[Amended by Ord. No. 08-9]

Apartments and townhouses in accordance with the requirements of Subsection F.

Senior citizen housing in accordance with the requirements of § 296-102.

Single-family dwellings in accordance with the requirements for single family dwellings in the R-6 Zone (§ 296-103).

Group homes.

[Added 11-18-2020 by Ord. No. 20-30]

Permitted accessory uses.

Private garages and carports.

Swimming pools and other recreational facilities for the residential uses.

Signs, fences and storage sheds.

Home offices.

Conditional uses.

[Amended 11-18-2020 by Ord. No. 20-30]

Public and private schools and child-care centers.

Public uses.

Essential services.

Accessory apartments. (See § 296-3, Definitions.)

Limitations.

Keeping of animals on residential or nonfarm lots. On residential and nonfarm lots, not inclusive of any qualified farm under the right-to-farm laws:

[Amended 8-16-2022 by Ord. No. 22-08]

The keeping or raising of livestock, horses, poultry or rabbits is prohibited on lots of any size.

The keeping of household pets such as birds, cats, dogs and rabbits is permitted. The term "birds" shall mean those birds kept as indoor pets in cages, and shall specifically exclude chickens, roosters, ducks, geese and/or other fowl.

[Amended 3-21-2023 by Ord. No. 23-6]

Sale of household goods and services. The sale of household goods and services and the advertising and display of such goods for sale are prohibited, except in the case of garage or yard sales held no more than twice a year.

Apartments and townhouses. Apartments shall meet the minimum standards for multifamily housing found in § 296-101, and townhouses shall meet the minimum standards for single-family attached housing found in § 296-101 and the following:

Minimum project lot size: five acres.

Maximum density:

Apartments: six units per net acre.

Townhouses: six units per net acre.

Utilities required: public sewer and water.

All dwellings shall have access from an internal street of the project.

Ownership of common areas: pursuant to § 296-101.

Low- and moderate-income housing units.

All developments of apartments and townhouses in the R-7 District shall be required to provide housing affordable to low- and moderate-income households at the rate of at least 20% of the number of dwelling units to be constructed.

The maximum density including such low- and moderate-income units shall be 7.2 units per net acre.

Net acreage shall be calculated by subtracting from gross acreage land devoted to existing rights-of-way, existing easements, land within the 100-year floodplain and land on slopes in excess of 20%.

If the required percentage of low- and moderate-income housing units required to be constructed in an R-7 District yields a fraction of 0.5 or more, the number shall be rounded up to the next whole number; if the required percentage yields a fraction of less than 0.5, the number may be rounded down to the next whole number.

In any development that is staged, phased or sectioned, the number of low- and moderate-income units constructed in each stage shall as much as practical be 20% of the total number of units in each stage, phase or section.

Such housing affordable to low- and moderate-income households shall be subject to all Raritan Township non-zoning affordable housing ordinances and regulations in effect or as may be adopted or amended.[1]

Editor's Note: See Ch. 170, Affordable Housing.

[Amended by Ord. No. 08-3]

Compliance required. Within this zone, no lot, structure or accessory structure shall be used in whole or in part unless it complies with applicable sections of this chapter and the following regulations.

Principal permitted uses.

Single-family detached dwelling and permitted accessory uses thereto not located within a planned age-restricted adult community development shall meet all area and bulk requirements of the R-3 Residential Zoning District.

Any form of agriculture or horticulture not located within a planned age-restricted adult community development provided such activity complies with the requirements of the R-3 Zoning District.

Planned age-restricted adult community development in accordance with § 296-107.

Permitted accessory uses. Permitted accessory uses for permitted principal uses not located within a planned age-restricted adult community development which accessory uses shall be subject to the area and bulk requirements of the R-3 Zoning District applying to such accessory uses:

All accessory uses permitted in the R-3 Zoning District.

Conditional uses.

Permitted conditional uses within a planned age-restricted adult community development:

Houses of worship.

Public uses.

Essential services.

Clubs, lodges and fraternal organizations.

Permitted conditional uses on lots not located within a planned age-restricted development but within the R-8 Zoning District subject to specific conditional use standards applying thereto and the requirements of the R-3 Zoning District:

All conditional uses permitted in the R-3 Zoning District.

Limitations. Limitations pertaining to the keeping of animals on residential or nonfarm lots, sale of household goods and services and farm product sales shall be the same as applicable in the R-3 Residential Zoning District.

[Amended by Ord. No. 03-35; Ord. No. 08-3; Ord. No. 09-11[1]]

Purpose. It is the purpose of this type of development to provide appropriate areas within the Township for housing opportunities for older citizens (55 and over) via age-restrictive covenants, a variety of housing options, and the inclusion of appropriate recreation, pedestrian circulation, limited retail, and professional offices as deemed supportive of this use.

Principal permitted uses within a planned age-restricted adult community development:

Single-family detached dwellings.

Single-family semidetached dwellings.

Two-family dwellings.

Quadruplex units.

Permitted accessory uses within a planned age-restricted adult community development:

Private garages and carports.

Recreation facilities to serve the occupants of dwellings within the planned age-restricted adult community development consisting of swimming pool, tennis courts, exercise rooms, and similar facilities.

Meeting and gathering rooms to serve the occupants of dwellings within a planned age-restricted adult community development.

Home office.

Signs and fences.

Storage sheds having an area less than 100 square feet.

Limited retail and professional offices not exceeding 10,000 square feet of gross floor area in total.

Clinics and medical offices not exceeding in total 5,000 square feet of gross floor area.

Minimum tract size for a planned age-restricted adult community development: 50 acres. The computation of minimum tract acreage for a planned age-restricted adult community zoning district may include property on both sides of a municipal street, when such street bisects commonly owned property and is part of a single development plan within the same R-8 Zoning District.

Maximum density. The maximum density shall not exceed four dwelling units per gross acre. Such density shall not include any existing public street right-of-way area which abuts or traverses the site.

Utilities. Property to be developed as a planned age-restricted adult community shall be served by public water and public sewer.

Permanent deed restrictions.

The developer of a planned age-restricted adult community shall submit permanent deed restrictions detailing on the deed for the entire tract and in the deeds for each individual lot within the development methods of implementing the age restrictions to the Municipal Agency for its review and approval. Such permanent deed restrictions shall be filed prior to issuance of any zoning permit for any dwelling in such development and shall incorporate the following:

Planned age-restricted adult community development shall include one or more parcels of land within a contiguous total acreage forming an area as required by this chapter and providing for a range of living accommodations and support facilities for people who are 55 years of age or older or for couples, one of whom is at least 55 years of age.

Through its corporation, association or owners, the land and structures (whether owned in fee or rented) shall be restricted by bylaws, rules, regulations and restrictions of record to be approved by the Planning Board Attorney for use by permanent residents 55 years of age or older.

As of the effective date of this Ordinance No. 09-11, every deed of conveyance in conjunction with the conveyance, sale or resale of any dwelling in the age-restricted zone must incorporate specific deed restriction language indicating the age restriction limitations and exceptions set forth in Subsection T hereof.

Maintenance of common elements. The developer shall submit proposals for ownership and maintenance of common elements, including open space, recreation facilities, meeting rooms, parking areas, driveways, private streets and similar facilities. The proposal shall be reviewed and approved by the Municipal Agency prior to or as a condition of preliminary site plan approval.

Maximum impervious surface coverage. The maximum impervious hard surface coverage shall not exceed 40% of the area of the proposed development.

Maximum height. No principal building in a planned age-restricted adult community development shall exceed a height of two stories and such stories shall not exceed a height of 35 feet. No accessory building shall exceed a height of 15 feet.

Minimum standards for single-family detached dwellings within a planned age-restricted adult community development are as follows:

Minimum lot area: 4,000 square feet.

Minimum lot width: 50 feet. (The minimum lot width on the turnaround of a cul-de-sac and on the outside of a horizontal curve may be reduced to 30 feet; however, the lot width at the required front yard setback shall be not less than 50 feet.)

Minimum yard requirements:

Minimum front yard: 15 feet.

Minimum side yard: five feet.

Minimum rear yard: 15 feet.

Minimum yard requirements for accessory building. Such accessory building or structure shall only be located in a rear yard and not closer than five feet to any property line. On a corner lot, an accessory structure shall not be located closer to a street than the dwelling on such lot and shall not be located closer than five feet to any other property line.

Minimum standards for single-family semidetached dwellings within a planned age-restricted adult community development. Each dwelling unit shall be located on a lot meeting the following requirements:

Minimum lot area per dwelling unit: 2,500 square feet.

Minimum lot width per dwelling unit: 25 feet.

Minimum front yard: 15 feet.

Minimum side yard: eight feet (non-attached side).

Minimum rear yard: 15 feet.

Minimum yard requirements for accessory buildings. Such accessory building or structure shall only be located in a rear yard and not closer than five feet to any property line.

Minimum standards for more than one principal building on one lot within a planned age-restricted adult community development.

Minimum distance between principal residential structures: 20 feet.

Minimum distance between nonresidential structures: 15 feet.

Minimum building setback to collector or arterial streets: 30 feet.

Minimum building setback to local streets: 15 feet. (The minimum required setback shall be measured from the street right-of-way line, curbline or edge of pavement, whichever requires the greatest setback.)

Minimum building setback from tract perimeter: 50 feet.

No portion of any parking area or other paved area shall be located closer than 30 feet to any perimeter property line of the development, except that such requirement shall not include any street pavement, curb or sidewalk which is intended to be extended beyond the development. A buffer strip shall be established and maintained within such 30 feet from any perimeter property line as may be required by the Planning Board during site plan review.

O.

At least 30% of the site area of such planned age-restricted adult community development shall be devoted to open space. Natural features such as treed areas, scenic views, wetlands and associated wetland transition areas, slopes, and drainageways shall be preserved as much as possible in designing such planned age-restricted adult community development.

P.

If a development is to be staged over a period of years, a phased development plan shall be prepared as part of a preliminary site plan submission.

Q.

A planned age-restricted adult community development may provide a ground sign not to exceed 32 square feet which may be placed at the primary entrances to such development. Signs accessory to office, clinic or retail uses shall not exceed 5% of the facade of such building used for office, clinic or retail purposes.

R.

Notwithstanding any other section of this chapter, an entrance gatehouse located outside of any required sight easement and designed to complement the architecture of the overall project design may be located at the entrance to the development.

S.

Low- and moderate-income units required. A planned age-restricted adult community development in the R-8 Zoning District shall be required to provide units affordable to low- and moderate-income persons and households at the rate of 10 such units for each 100 housing units or major fraction of 100 housing units to be constructed in a planned age-restricted adult community. Such low- and moderate-income units may be provided within a planned age-restricted adult community development in accordance with Township requirements and Council on Affordable Housing regulations. Such units shall comply with all rules and regulations pertaining to low- and moderate-income units adopted by the Township and rules and regulations of COAH.

T.

Age restriction.

The use, ownership and occupancy of dwellings in the age-restricted housing zone development shall be by persons 55 years of age or older only ("permissible occupant"), subject to the following permissible exceptions consistent with the requirements of the Fair Housing Act:

An occupant under 55 years of age who is permanently residing with his or her spouse, domestic partner, parent or other family member who is a permissible occupant, provided that any such occupant is 19 years of age or older.

An individual under 55 years of age, if it is established that the presence of such individual is essential to the physical care of one or more of the permissible occupants of the same dwelling, provided that any such individual is 19 years of age or older.

A surviving spouse, child or other family member of a deceased permissible occupant who was permanently residing with the permissible occupant at the time of his or her death, provided that such person is 19 years of age or older.

As of the effective date of this Ordinance No. 09-11, in no instances shall individuals under the age of 19 be permitted permanently to reside in any dwelling in the age-restricted housing zone.

Through its corporation, association or owners, the land and buildings within an age-restricted housing zone shall be restricted by rules, restrictions of record, bylaws and regulations as to use, ownership and occupancy by persons 55 years of age or older, subject to the above exceptions consistent with the requirements of the Fair Housing Act. [The Fair Housing Act shall mean the Federal Fair Housing Act, Amendments of 1988, P.L. 100-430 (September 13, 1988), and any amendments thereto, including but not limited to the Housing for Older Persons Act of 1995, P.L. 104-76 (December 1995), and any judicial or administrative interpretations or decisions affecting said legislation or any amendments thereto.]

A development in the age-restricted housing zone shall comply with all applicable requirements of the Federal Fair Housing Act and any rules and regulations of the Department of Housing and Urban Development (HUD) regarding such use, ownership, and occupancy, and shall further comply with all applicable HUD rules and regulations for self-certification of compliance with the Act.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Editor's Note: Section 3 of Ord. No. 09-11 provided: "This Ordinance shall take effect after the condominium and homeowner associations in the R-8 Planned Age Restricted Adult Community Zone amend the applicable association documents consistent with this Ordinance, the Department of Community Affairs registers an amended Public Offering Statement consistent with this Ordinance, final passage and publication in accordance with all applicable laws and statutes."

[Amended by Ord. No. 06-31; Ord. No. 08-3]

Purpose. The Planned Age-Restricted Assisted Living Facility Development Zoning District provides for the development and construction on a coordinated basis within the district of assisted living facilities and age-restricted housing units and provides for the construction of low- and moderate-income units or the provision of payment in lieu of construction of such low- and moderate-income units. Within the R-9 Planned Age-Restricted Assisted Living Facility Development Zoning District, no lot, structure or accessory structure shall be used in whole or in part unless it complies with applicable sections of this chapter and the following regulations.

Principal permitted uses.

Assisted living facility.

Single-family detached dwellings for older persons (55 years of age and over). Prior to issuance of a zoning permit for such single-family detached dwellings, the developer shall prepare and file a permanent deed restriction limiting the occupancy of such units in accordance with Subsection E(5).

Permitted accessory uses as set forth in Subsections D and E of this section.

Supplementary regulations applying to all uses in the R-9 District.

Minimum lot area and land use distribution for developments.

The minimum lot area required in the R-9 District for a development of assisted living units and age-restricted units shall be 25 acres. The minimum lot width shall be 500 feet.

The land use distribution between permitted uses shall be as follows:

	Assisted Living Facility	Age-Restricted Housing Units
Minimum percent of proposed site area to be developed within a planned age-restricted assisted living development	40%	55%
Maximum percent of proposed site area to be developed within a planned age-restricted assisted living development to be devoted to such use	45%	60%

Landscaping and buffers.

It is a requirement of this chapter that those areas between County Road 523 and the assisted living facility buildings and between Route 12 and the assisted living facility buildings not devoted to aisles, off-street parking and sidewalks be landscaped to form an attractive landscaped feature and to form a buffer between such buildings and Route 523 and such buildings and Route 12.

In addition to the above, landscaping within the assisted living facility site and age-restricted housing unit site and along the perimeter of each site shall be provided. A landscaped buffer as required in Article XX, Performance Standards, of this chapter shall be provided along the perimeter of each site and between the age-restricted facility site and age-restricted housing unit site where deemed necessary and appropriate by the Board. Where in the opinion of the Board natural vegetation on the site can reasonably form such buffer, the Planning Board may designate on the site plan that such existing vegetation is to remain and such existing vegetation shall be adequately protected during on-site construction.

Utilities required. Property to be developed within the R-9 Planned Age-Restricted Assisted Living Facility Development District shall be served by public water and public sewers.

Supplementary regulations applying to assisted living facility within the R-9 District.

An assisted living facility shall be located on a lot meeting the following requirements:

Size of Facility (number of beds)	Minimum Gross Site Area (acres)
30 or fewer	5
31 to 50	10
51 to 100	12
Each additional 50	2

The maximum height of structures as part of an assisted living facility shall not exceed two stories. In no such case shall such two stories exceed a height of 28 feet.

The minimum front, rear and side yards for principal and accessory structures to be used as an assisted living facility use shall be as follows. No blacktop driveway, aisle or off-street parking area shall be located within 85 feet of County Road 523 or within 100 feet of Route 12.

Front yard: 200 feet from County Road 523 and 125 feet from Route 12.

Side yard (each): 50 feet.

Rear yard: 50 feet.

Signs shall be limited to one ground sign not exceeding 32 square feet in area per lot.

Low- and moderate-income units required. An assisted living facility shall be required to provide bedrooms affordable to low- and moderate-income persons and households at the rate of at least 10% of the number of bedrooms to be constructed. Such low- and moderate-income units may be provided via a regional contribution agreement or payment in lieu of construction.

Off-street parking shall be provided for an assisted living facility at the rate of 1/2 of one space for each unit and shall be considered a permitted accessory use.

The maximum hard surface for an assisted living facility shall not exceed 30%.

An assisted living facility shall be licensed by the State of New Jersey Department of Health.

An assisted living facility shall have received a certificate of need from the State of New Jersey, Department of Health.

Common dining, recreational and laundry facilities, housekeeping and maintenance services, personal and health care services and community and administrative facilities and services, all in support of and for the sole benefit of the residents of the assisted living facility, shall be considered customary accessory uses to an assisted living facility.

Supplementary regulations applying to age-restricted housing units within the R-9 Zoning District.

Purpose. It is the purpose of this type of development to provide appropriate areas within the Township for housing opportunities for older citizens (55 and over) via age-restrictive covenants and the inclusion of appropriate recreation and open space amenities.

Principal permitted uses.

Single-family detached dwellings for older persons (55 years of age and over).

A dwelling which exists within the R-9 Zoning District at the time of submission of a subdivision and/or site plan for development may continue to be used as a single-family dwelling. Such single-family dwelling shall be located on a lot having a minimum lot area of 20,000 square feet and a minimum lot width of 100 feet and shall be serviced by public water and public sewers. Such existing dwelling only need not be age restricted. Such dwelling shall comply with all other minimum yard, height and bulk requirements applicable to single-family detached dwellings for older persons in the R-9 Zoning District.

Permitted accessory uses.

Private garages; off-street parking.

Recreation facilities to serve the occupants of dwellings within the age-restricted development consisting of swimming pool, tennis courts, exercise rooms and similar facilities.

Meeting, clubhouse or recreation building to serve the occupants of dwellings within an age-restricted adult development.

Home office.

Swimming pool.

Signs and fences.

Storage sheds having an area less than 100 square feet.

Maximum density. The maximum density shall not exceed 3.1 dwelling units per gross acre. Such density shall not include any existing public street right-of-way area which abuts the site.

Permanent deed restrictions. The developer of the age-restricted housing units shall submit permanent deed restrictions detailing on the deed for the entire tract and in the deeds for each individual lot within the development methods of implementing the age restrictions to the Municipal Agency for its review and approval. Such permanent deed restrictions shall be filed prior to issuance of any zoning permit for any dwelling in such development and shall incorporate the following:

An age-restricted development shall include one or more parcels of land within a contiguous total acreage forming an area as required by this chapter and providing for support facilities for people who are 55 years of age or older or for couples, one of whom is at least 55 years of age.

Through its corporation, association or owners, said land and structures (whether owned in fee or rented) shall be restricted by bylaws, rules, regulations and restrictions of record to be approved by the Planning Board Attorney for use by permanent residents 55 years of age or older, with the following exceptions:

A member of a household under the age of 55 years who resides with another member of a household who is 55 years of age or over.

A person who is the child of a permitted occupant residing with such permitted occupant, provided the child is of the age of 19 years or over.

One adult under 55 years of age (other than a spouse) will be admitted as a permanent resident if it is established and approved by the homeowners' association that the presence of such person is essential to the physical care of one or more of the adult occupants. If more than one adult under 55 years of age is necessary to care for the adult occupant, approval shall be required from the homeowners' association and a copy of its decision shall be filed with the Township Clerk of the Township of Raritan.

Maintenance of common elements. The developer shall submit proposals for ownership and maintenance of common elements, including open space, recreation facilities, meeting rooms, parking areas, driveways, private streets and similar facilities. The proposal shall be reviewed and approved by the Municipal Agency prior to or as a condition of preliminary site plan approval.

Maximum impervious surface coverage. The maximum impervious hard surface coverage shall not exceed 40% of the area of the proposed development.

Maximum height. No principal building in an age-restricted development shall exceed a height of two stories and such stories shall not exceed a height of 28 feet. No accessory building shall exceed a height of 15 feet.

Minimum standards for single-family detached dwellings within a planned age-restricted adult community development are as follows:

Minimum lot area: 6,600 square feet.

Minimum lot width: 60 feet. (The minimum lot width on the turnaround of a cul-de-sac and on the outside of a horizontal curve may be reduced to 30 feet; however, the lot width at the required front yard setback shall be not less than 60 feet.)

Minimum yard requirements:

Minimum front yard: 20 feet.

Minimum side yard: 10 feet.

Minimum rear yard: 25 feet.

Minimum yard requirements for accessory building. Such accessory building or structure shall only be located in a rear yard, except for home backup power generators as that term is defined in § 296-3 of this chapter which may be located in a side or rear yard and not closer than five feet to any property line. On a corner lot, an accessory structure shall not be located closer to a street than the dwelling on such lot and shall not be located closer than five feet to any other property line.

[Amended 3-5-2019 by Ord. No. 19-01]

No portion of any parking area or other paved area shall be located closer than 30 feet to any perimeter property line of the development, except that such requirement shall not include any street pavement, curb or sidewalk which is intended to be extended beyond the development.

At least 20% of the site area of such age-restricted development shall be devoted to open space. Natural features such as treed areas, scenic views, wetlands and associated wetland transition areas, slopes, and drainageways shall be preserved as much as possible in designing such planned age-restricted adult community development. Such open space shall not include areas devoted to private lots or streets but may include common space devoted to a clubhouse or meeting room, associated off-street parking and outdoor recreation space.

If a development is to be staged over a period of years, a phased development plan shall be prepared as part of a preliminary site plan submission.

An age-restricted development may provide a ground sign not to exceed 32 square feet which may be placed at the primary entrances to such development.

Notwithstanding any other section of this chapter, an entrance gatehouse located outside of any required sight easement and designed to complement the architecture of the overall project design may be located at the entrance to the development.

Low- and moderate-income units required. A planned age-restricted adult community development in the R-9 Zoning District shall be required to provide units affordable to low- and moderate-income persons and households at the rate of 15% of the total number of age-restricted units to be developed on the site.

Such low- and moderate-income units may be provided within a planned age-restricted adult community development in accordance with Township requirements and COAH regulations or may be provided, if acceptable, to the Township of Raritan via a regional contribution agreement or a payment in lieu of construction.

Such units shall comply with all rules and regulations pertaining to low- and moderate-income units adopted by the Township of Raritan and rules and regulations of the New Jersey Council on Affordable Housing.

Conditional uses.

Houses of worship.

Public and private schools and child-care centers.

Essential services.

Public uses.

Supplemental regulations applying to development in the R-9 District. Unless otherwise noted in supplemental regulations applying to assisted living facilities and age-restricted housing units in the R-9 Zone, the following regulations shall apply to all development in the R-9 Zone:

The maximum height shall not exceed two stories or 28 feet.

The minimum front, rear and side yards for principal and accessory structures shall be as follows. No blacktop driveway, aisle or off-street parking area shall be located within 85 feet of County Road 523 or within 100 feet of Route 12.

Front yard: 200 feet from County Road 523 and 125 feet from Route 12.

Side yard (each): 50 feet.

Rear yard: 50 feet.

Signs shall be limited to one ground sign not exceeding 32 square feet in area per lot.

The maximum hard surface coverage shall not exceed 30%.

Landscaping along the perimeter of each site shall be provided. A landscaped buffer as required in Article XX, Performance Standards, of this chapter shall be provided along the perimeter of each site. When in the opinion of the Planning Board natural vegetation on the site can reasonably form such buffer, the Planning Board may designate on the site plan that such existing vegetation is to remain and such existing vegetation shall be adequately protected during on-site construction.

[Amended by Ord. No. 02-42; Ord. No. 03-5; Ord. No. 08-3; Ord. No. 08-13[1]]

Purpose. It is the purpose of this zone to provide areas within the Township where residential and agricultural uses can be developed in conjunction with one another, to reduce the conflict between such uses, and protect existing agricultural operations, in accordance with the recommendations of the Township Master Plan and the State Planning Guidelines. Within this zone, no lot, structure or accessory structure shall be used in whole or in part unless it complies with Schedules I, II, and III attached to this chapter, other applicable sections of this chapter and the following regulations.

Zone created. There is created an Agricultural Residential (AR-5) Zoning District classification. The following area shall comprise the AR-5 Zoning District:

Block 63.01, Lots 6, 7, 8, 8.01, and 8.02;

Block 83, Lot 2;

Block 84, Lots 2, 2.01, 2.02, 2.03, 2.04, 2.05, 2.06, 2.07, 2.08, 3, 3.01, 3.02, 3.03, 4, 5, 6.01, 12, 12.01, 12.02, 12.03, 12.04, 12.05, 12.06, 12.07, 12.08, 12.09, 12.10, 13, 13.01, 14, 15, 21, 22, 23, 24, 25, 26, 26.01, 27, 27.01, 28, 29, 30, 31, 31.01, 31.02, 31.03, 31.04, 31.05, 31.06, 31.07, 31.08, 31.09, 31.10, 32, 33, 35.02, 35.03, 35.04, 35.05, 35.06, 35.07, 35.08, 35.09, 35.10, 36, 36.01, 43, and 100;

Block 86, Lots 1, 1.01, 2, 2.01, 2.02, 2.03, 3, 4, 6, 8, 9, 10, 11, 13, 14, 15, 15.01, 15.02, 15.03, 16, 22, 26, 26.01, 26.02, 29, 100, and 100.01; and

Block 86.01, Lot 1.

Principal permitted uses.

Any form of agriculture or horticulture, including farm product sales in accordance with the requirements of § 296-98E. Commercial greenhouses are permitted as part of a farm as defined in this chapter.

Golf course and country club provided such is located on a lot having an area of at least 100 acres and provided that no structure or building shall be located closer than 200 feet to any property line.

Activities may include clubhouse, pro shop, noncommercial tennis courts, noncommercial swimming pool, and maintenance buildings.

Off-street parking provided as specified by this chapter. No portion of such off-street parking area shall be located closer to any property line than 100 feet.

Screening of such parking areas, tennis courts, swimming pool and similar outdoor activities and lighting shall be in accordance with screening, buffering and lighting requirements found elsewhere in this chapter.

Research farm for agricultural experimentation and trials.

Ancillary uses may include but not be limited to laboratories, meeting and conference rooms, offices, facilities use for storing agricultural products and supplies, garages for the storage and repair of farm machinery used on the premises only and facilities associated with the disposition and treatment of agricultural waste materials. Such facilities associated with the disposition and treatment of agricultural waste materials shall be subject to necessary permitting by appropriate governmental units or agencies.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Development standards for research farms.

No building or structure except for fencing and gating shall be located within 300 feet of any property lines.

No more than 5% of the property shall be occupied by buildings or structures.

The height of buildings and structures shall not exceed 3 1/2 stories. In no case shall such 3 1/2 stories exceed a height of 45 feet.

The minimum lot size shall be 150 acres.

Single-family residences.

Permitted accessory uses.

Private garages and carports.

Swimming pools and other recreational facilities for residential uses and normally conducted on individual lots.

Signs, fences and storage sheds.

The taking in of not more than two roomers or boarders.

Home offices.

Customary uses incidental to an agricultural or horticultural use permitted in this zone.

Noncommercial kennels.

Farm stands when such use is accessory to an existing agricultural or horticultural use and when at least 50% of items sold are grown on site.

Conditional uses.

Houses of worship.

Public uses.

Essential services.

Home occupations.

Riding academies and boarding stables.

Animal hospitals and commercial kennels.

ECHO unit.

Limitations.

Keeping of animals on residential or nonfarm lots. See § 296-98E(1).

Sale of household goods and services. See § 296-98E(2).

Farm products sales. See § 296-98E(3).

Noncommercial kennels. See § 296-98E(4).

Cluster requirements in Agricultural Residential Zone.

Tracts of land 40 acres or greater in size either at the time of the adoption of this section or that are assembled after the adoption of this section, and tracts of land 30 acres or greater in size either at the time of the adoption of this section or that are assembled after the adoption of this section and are located adjacent to land which has been deed restricted for farmland or open space preservation, shall develop as 50,000 square foot open space clusters with the requirements found in this section and those requirements found in Schedule I (Schedule of Area, Yard and Building Requirements), Schedule II (Minimum Utility Requirements) and Schedule III (Cluster Requirements) listed under AR-5 Zone.[2]

Editor's Note: Schedules I, II and III are included as attachments to this chapter.

Tracts of land 30 acres or greater in size but less than 40 acres either at the time of the adoption of this section or that are assembled after the adoption of this section and are not located adjacent to land which has been deed restricted for farmland or open space preservation may elect to develop as 50,000 square foot open space clusters with the requirements found in this section and those requirements found in Schedule I (Schedule of Area, Yard and Building Requirements), Schedule II (Minimum Utility Requirements) and Schedule III (Cluster Requirements) listed under AR-5 Zone.

Cluster standards.

Minimum tract area: 40/30 acres (see above).

Minimum open space set-aside: 65% of tract.

Each building lot shall have a minimum improvable lot area equal to the minimum lot area for the R-3 Zone when serviced by on-site septic and wells (see § 296-139).

A minimum fifty-foot-wide buffer shall be provided between residential use and any land utilized for agricultural purposes. This buffer area shall be deed restricted from development and shall contain a Type B bufferyard planting (see § 296-75E).

Maximum number of lots: shall be determined in accordance with § 296-132A.

Disposition and use of open space.

Dedicated open space areas shall be deemed free and clear of all mortgages and encumbrances with the exception of any easements, restrictions, or encumbrances set forth as part of any subdivision approved under this section.

A property owner, homeowners' association, or the Township may hold title to any open space parcel.

Any common open space resulting from the application of standards for density or intensity of land use as part of the requirements of this section shall be set aside for the use and benefits of the owners or residents of the development and subject to the provisions of N.J.S.A. 40:55D-43 (Standards for the establishment of open space organization).

Any open space parcel shall be appropriately deed restricted from future development. Such restriction shall exclude any farm-related structures, which may be erected in conformance with Township standards, including but not limited to setbacks, floor area, and hard surface coverage.

Farmette. The open space parcel may be provided through multiple lots provided the lots are no less than 15 acres in area each. Each individual lot may contain a single-family residential dwelling and associated farm structures provided all other bulk and zoning requirements found within this section are met. Each lot shall contain deed restrictions restricting any further subdivision and providing for each condition as listed in this section. Said dwelling unit(s) shall count to the overall number of lots permitted as calculated under Subsection G(3)(e) of this section.

Any stormwater management system required as part of the subdivision of any parcels under this section may be placed upon the open space lot(s) or farmette lot(s) [Subsection G(3)(f)], provided all other requirements are met.

The open space or farmette parcel(s) shall be so located and designed as to minimize the impact and conflicts upon adjacent agricultural uses. The residential cluster shall be kept in tight configuration to minimize the edge of the residential development that abuts any agricultural use.

In furtherance of the purposes of zoning, and the purposes and intent of this section, agricultural uses and type of uses are not mandated but are encouraged on any common open space areas, including but not limited to, by way of example, owner's community gardens, pastures, and/or riding areas for horses.

Editor's Note: Ordinance No. 08-13 renamed the AR Zone to the AR-5 Zone.

[Added by Ord. No. 08-12]

Purpose. It is the purpose of this zone to provide areas within the Township where residential and agricultural uses can be developed in conjunction with one another, to reduce the conflict between such uses, and protect existing agricultural operations, in accordance with the recommendations of the Township Master Plan and the State Planning Guidelines. Within this zone, no lot, structure or accessory structures shall be used in whole or in part unless it complies with Schedules I, II, and III attached to this chapter, other applicable sections of this chapter and the following regulations.

Zone created. There is created an Agricultural Residential (AR-2) Zoning District classification. The following area shall comprise the AR-2 Zoning District:

Block 71, Lots 8, 10, 11, 11.01, 12, 12.01, 13, 14, 15, 16, 16.01, 16.02, 16.03, 17, 18, 19, 19.01, 19.02, 20, 34 and 36;

Block 77, Lots 7, 9, 10.17, 21 and 37;

Block 80, Lots 8, 8.01, 9, 10, 11, 12, 13, 13.01, 14, 17, 18, 18.01, 29, 30, 30.01, 32, 33 and 35;

Block 81, Lots 2, 2.01, 2.02 and 2.03;

Block 81.04, Lots 15, 30, 31 and 32;

Block 82, Lots 1, 1.01, 1.02, 2, 3, 3.01, 4, 4.01, 4.02, 5, 6, 7, 7.01 and 7.02;

Block 85, Lots 3, 3.01, 6, 6.01, 7.03, 15.01, 43, 44, 45, 46, 47 and 48; and

Block 89, Lots 24, 25, 26, 27, 28 and 29.

Principal permitted uses.

Any form of agriculture or horticulture, including farm product sales in accordance with the requirements of § 296-98E. Commercial greenhouses are permitted as part of a farm as defined in this chapter.

Golf course and country club provided such is located on a lot having an area of at least 100 acres and provided that no structure or building shall be located closer than 200 feet to any property line.

Activities may include clubhouse, pro shop, noncommercial tennis courts, noncommercial swimming pool, and maintenance buildings.

Off-street parking provided as specified by this chapter. No portion of such off-street parking area shall be located closer to any property line than 100 feet.

Screening of such parking areas, tennis courts, swimming pool and similar outdoor activities and lighting shall be in accordance with screening, buffering and lighting requirements found elsewhere in this chapter.

Agricultural equipment manufacturing not to exceed a floor area ratio of 1%.

Single-family residences.

Permitted accessory uses.

Private garages and carports.

Swimming pools and other recreational facilities for residential uses and normally conducted on individual lots.

Signs, fences and storage sheds.

The taking in of not more than two roomers or boarders.

Home offices.

Customary uses incidental to an agricultural or horticultural use permitted in this zone.

Noncommercial kennels.

Farm stands when such use is accessory to an existing agricultural or horticultural use and when at least 50% of items sold are grown on site.

Conditional uses.

Houses of worship.

Public uses.

Essential services.

Home occupations.

Riding academies and boarding stables.

Animal hospitals and commercial kennels.

ECHO unit.

Public schools.

Limitations.

Keeping of animals on residential or nonfarm lots. See § 296-98E(1).

Sale of household goods and services. See § 296-98E(2).

Farm product sales. See § 296-98E(3).

Noncommercial kennels. See § 296-98E(4).

Cluster requirements in Agricultural Residential Zone.

Tracts of land 40 acres or greater in size, and tracts of land 30 acres or greater in size that are located adjacent to land which has been deed restricted for farmland or open space preservation, shall develop as 35,000 square foot open space clusters with the requirements found in this section and those requirements found in Schedule I (Schedule of Area, Yard and Building Requirements), Schedule II (Minimum Utility Requirements) and Schedule III (Cluster Requirements) listed under AR-2 Zone.[1]

Editor's Note: Schedules I, II and III are included as attachments to this chapter.

Tracts of land 30 acres or greater in size but less than 40 acres and not located adjacent to land which has been deed restricted for farmland or open space preservation may elect to develop as 35,000 square foot open space clusters with the requirements found in this section and those requirements found in Schedule I (Schedule of Area, Yard and Building Requirements), Schedule II (Minimum Utility Requirements) and Schedule III (Cluster Requirements) listed under AR-2 Zone.

Cluster standards.

Minimum tract area: 40/30 acres (see above).

Minimum open space set-aside: 55% of tract.

Each building lot shall have a minimum improvable lot area equal to 35,000 square feet (see § 296-139).

A minimum 100-foot-wide buffer shall be provided between any residential use and any land utilized for agricultural purposes. This buffer area shall be deed restricted from development and shall contain a Type A bufferyard planting (see § 296-75E).

Maximum number of lots: shall be determined in accordance with § 296-132A.

Disposition and use of open space:

Dedicated open space areas shall be deemed free and clear of all mortgages and encumbrances with the exception of any easements, restrictions, or encumbrances set forth as part of any subdivision approved under this section.

A property owner, homeowners' association, or the Township may hold title to any open space parcel.

The open space parcel(s) shall be maintained as farmland either by leasing to an outside party for the purposes of agriculture or by maintenance by the property owner(s) for the purposes of agriculture.

Any open space parcel shall be appropriately deed restricted from future development. Such restriction shall exclude any farm-related structures, which may be erected in conformance with Township standards, including but not limited to setbacks, floor area, and hard surface coverage.

Farmette. The open space parcel may be provided through multiple lots provided the lots are no less than 15 acres in area each. Each individual lot may contain a single-family residential dwelling and associated farm structures provided all other bulk and zoning requirements found within this section are met. Each lot shall contain deed restrictions restricting any further subdivision and providing for each condition as listed in this section. Said dwelling unit(s) shall count to the overall number of lots permitted as calculated under Subsection G(3)(e) of this section.

Any stormwater management system required as part of the subdivision of any parcels under this section may be placed upon the open space lot(s) or farmette lot(s) [Subsection G(3)(f)], provided all other requirements are met.

Any open space or farmette parcel containing a residential dwelling unit shall meet all the requirements for the development of a single family dwelling on a cluster lot in the AR-2 Zone with the exception of lot area. The dwelling unit shall be so located on the parcel as to minimize the visual impact of the unit.

The open space or farmette parcel(s) shall be so located and designed so as to minimize the impact and conflicts upon adjacent agricultural uses. The residential cluster shall be kept in tight configuration to minimize the edge of the residential development that abuts any agricultural use.

Existing lots.

[Added by Ord. No. 08-31]

Any vacant lot existing as of April 28, 2008, in the AR-2 Zoning District which lot shall become nonconforming as to lot area or width or both as a result of the change from the R-3 Zone to the AR-2 Zone pursuant to Ordinance No. 08-12 may be improved with a single-family dwelling and permitted accessory structures provided that such lot could have been improved with a single-family dwelling and accessory structures under the R-3 Zoning District regulations existing immediately prior to April 28, 2008.

No lot improved with a single-family dwelling as of April 28, 2008, shall be precluded from being expanded or from adding otherwise permitted accessory structures or uses onto such lot because such will not comply with the lot area and/or lot width requirements of the AR-2 Zoning District, provided that:

Such expansion or accessory structure or use would have been permitted under AR-2 Zoning District regulations existing immediately prior to Ordinance No. 08-12 adopted on April 28, 2008.

Such expansion or accessory structure or use otherwise complies with all required yard regulations of the AR-2 Zoning District.

[Added 12-16-2014 by Ord. No. 14-20]

Note: Effect of redevelopment agreement. The execution of the redevelopment agreement shall convey the right to prepare a site plan or subdivision application for development to the Raritan Township Planning Board in accordance with the terms of the redevelopment agreement and this Ordinance No. 14-20, among other rights that may be granted by the Redevelopment Authority. In addition, the execution of the redevelopment agreement shall establish the period of time for the right to develop in the redevelopment area.

Note: Expiration. The Redevelopment Plan established by Ordinance No. 14-20, adopted December 16, 2014, shall remain in full force and effect for a period of 10 years from the date of adoption of Ordinance No. 14-20 by the Township Committee. However, the period of time granting rights for the redevelopment of any particular parcel within the Junction Road Redevelopment Area shall be as established in an executed redevelopment agreement.

Intent and purpose. The intent of the development regulations of this overlay zone is to create an aesthetically pleasing low-rise apartment complex for persons of low- and moderate-income over the developable area of the tract. It is anticipated that the redevelopment will occur in one development phase.

Zone created. There is created the MF 100% Affordable Housing Overlay Zone Zoning District. The following area shall comprise the MF 100% Affordable Housing Overlay Zone Zoning District: Block 16.01, Lots 37.01 and 54.

Definitions. Any permitted, conditional, and accessory uses not defined herein shall be as defined in this chapter. As used in this section, the following terms shall have the meanings indicated:

APARTMENT

A dwelling for a single household located within a building of at least four such dwellings with direct access to the exterior which may occupy a single or multiple floors or part of such floor or floors.

BALCONY

An unroofed outdoor living area cantilevered from the face of a building on second or higher floors extending no more than eight feet therefrom.

COMMUNITY CENTER

A separate building or section of a building that contains one or more rooms for social, recreational and leisure time activities for use by individuals or groups residing within a residential complex. A community center may contain sales, rental and administrative offices and maintenance facilities.

DECK

A raised unroofed platform either attached to a dwelling or freestanding in the approved yard area.

INCOME-RESTRICTED

A dwelling that is deed restricted to an eligible very-low-, low- or moderate-income household as defined by the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., and administrative rules promulgated under its authority.

MUNICIPAL PURPOSE

Land owned or controlled by the Township of Raritan or its agencies for essential services, open space or other municipal use necessary to promote the public health, safety and welfare.

PATIO

A ground-level masonry or wood structure used as outdoor living space.

PORCH

An outdoor living space with a roof supported by columns that is attached to a dwelling.

SIGN, DIRECTORY

A sign designed for the use of motorists and pedestrians within the interior of a site or apartment complex which is intended to direct such persons to individual buildings or dwellings.

SIGN, INCIDENTAL

A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, including but not limited to "No Parking," "Loading Zone" or "No Trespassing" or other similar directives, such as playground use or office hours and signs for emergency purposes.

Principal permitted uses. No lot within the redevelopment shall be used and no structure shall be erected, altered or occupied for any purpose except the following permitted principal uses:

Apartments limited to income-restricted tenants as defined herein, complying with Uniform Housing Affordability Controls.[1]

Editor's Note: See N.J.A.C. 5:80-26.1 et seq.

Open space.

Municipal purpose.

Conditional uses.

Electrical transmission lines conforming to the following criteria:

The line is located within an existing easement;

The line serves a regional need; and

The line has received state and/or federal regulatory approval for its installation.

Accessory permitted uses and structures permitted. Any of the following accessory uses and structures shall be permitted in the redevelopment area when used in conjunction with a principal permitted use:

A manager's apartment.

Rental center.

Community center.

Maintenance building.

Outdoor recreation.

Common open space.

Off-street parking and loading.

Fences, walls and street furniture.

Signs.

Essential services necessary for the redevelopment of the Junction Road Redevelopment Area.

Accessory uses on the same lot and customarily incidental to a principal use.

Area, yard, coverage and other requirements. Except as otherwise modified, the following area, yard, and coverage standards contained herein shall apply to all development in the Junction Road Redevelopment Area. These regulations shall not apply to any lot dedicated for public utility uses or solely used for stormwater management.

Tract requirements.

Minimum tract area. The minimum contiguous tract area shall be 11 acres.

Minimum tract frontage. The minimum frontage on an arterial road shall be 150 linear feet.

Density limitation. The number of dwellings shall not exceed 7.5 units per gross acreage of the tract.

Minimum open space and recreation area. The minimum area set aside for open space and recreation shall equal or exceed 30% of the gross tract acreage, calculated as follows:

The minimum required area shall not include any land encumbered by a conservation easement.

The minimum required area may include land encumbered by the JCP&L easement if used for recreation and approved by the utility.

Maximum building coverage. The maximum building coverage shall be 15% of the total gross acreage of the tract.

Maximum impervious surface coverage. The maximum impervious surface coverage shall be 40% of the total gross acreage of the tract.

Tract perimeter. No building, except as modified herein, shall be located closer than 30 feet to the perimeter boundary line of the tract. This limitation shall not preclude the ability for attached balconies, decks or patios to encroach into the perimeter setback provided that the encroachment is no greater than six feet and the surface area of the balcony, deck or patio is no greater than 80 square feet.

Building requirements.

The maximum number of dwellings per building shall not exceed 14.

Minimum separation distances between buildings. No orientation of the buildings shall place the front of a building facing the rear of another building.

Requirement	Limitation
Minimum distance from building front to building front	80 feet
Minimum distance from building front to building side	50 feet
Minimum distance from building side to building rear	80 feet
Minimum distance from building rear to building rear	40 feet
Minimum distance from building side to building side	20 feet
Minimum distance from a wall containing a window to another wall containing a window	30 feet

Additional building dimensions. Additional minimum and maximum building dimensions shall be as indicated in the following table:

Requirement	Limitation
Minimum building depth through the short axis	30 feet
Maximum building length through the long axis	180 feet
Maximum height - apartment buildings	3 stories and 40 feet
Maximum height - community center	1 1/2 stories and 28 feet
Maximum height - maintenance and other buildings	1 story and 18 feet

Building setbacks from parking spaces, driveways and private streets. The building setback, measured from the edge of paving or curbing to the closest point of a building, shall be a minimum of 15 feet. Porches in the yard area between the front of a building and a parking space and not exceeding 50 square feet in floor area may be set back a minimum of 12 feet. Porches in the yard area between the side of a building and a parking space and not exceeding 150 square feet in floor area may be set back a minimum of 11 feet.

Performance and design standards. The following performance and design standards shall be used in the redevelopment of the Junction Road Redevelopment Area. "Shall" is mandatory and "should" is permissive.

Building design requirements.

Buildings should have architectural features and patterns that provide visual interest from the perspective of pedestrians and motorists. Buildings should include substantial variation in mass through the use of the three main elements of base, field and entablature in the facade. Primary building facades shall be enhanced by the use of vertical and horizontal elements, such as plinths, pilasters, arches, and cornices. The field of the building shall be differentiated from the base by a horizontal transition line. The design of the base, as well as the quality and durability of its materials, should be emphasized in the architectural design.

Doorways, windows and other openings in the facade of buildings should be proportioned to reflect a pedestrian scale. Multiple front entrances or architectural features should be incorporated into the building design in order to produce human-scale elements in the facade of the buildings.

Colors should be selected to create a common color palette (e.g., warms or cools together; primary or complementary together) to be used throughout the redevelopment. Contrasting colors should be used for accent purposes in highlighting architectural features and limited to 10% of the facade area or less.

Conservation easement. Any use or disturbance of the conservation easement shall require the written permission of the easement holder, unless already permitted by the language of the easement. The easement holder may impose conditions on the permission, including but not limited to replacement of trees and other standards for revegetation and security instruments to ensure the same. Such permission shall not be construed to limit the requirement of the redeveloper to obtain any other governmental approval pertaining to the use or disturbance of the conservation easement.

Green design requirements. The design of buildings and their site development components shall promote the conservation of energy through the use of site planning, architectural elements and construction techniques to minimize energy consumption and to provide for the maximum utilization of renewable energy sources. With the submission of a preliminary site plan or subdivision, whichever comes first, the redeveloper shall prepare and submit a sustainable design assessment. The sustainable design assessment shall set forth ways in which the proposed development will utilize building design, construction materials, mechanical systems, site design and development techniques, and facility management practices which promote natural resource preservation and the minimization of energy consumption. The sustainable design assessment shall include and address the following topics in narrative and graphic form as appropriate:

Sustainable site development.

The minimization of site disturbance and soil erosion during construction and the maximization of tree retention.

The extent to which natural drainage systems can be utilized and naturalized control structures designed following NJDEP best management practices and, if feasible, green infrastructure, for stormwater management.

The preservation or restoration of natural site features.

The use of building orientation and landscaping features to capitalize on passive heating and cooling.

Any provision for allowing community gardens.

Water efficiency.

The use of captured rainwater for internal and external water demand, if feasible.

The use of low-flow and no-flow fixtures and fittings.

Energy efficiency. The sustainable design assessment will include a narrative if any of the following techniques in promoting energy efficiency are proposed (including their extent) in the redevelopment of the tract:

The use of passive solar heating/cooling and natural ventilation.

Enhancing the penetration of daylight to interior spaces to reduce the need for artificial lighting.

The use of a thermally efficient envelope to reduce the size of the HVAC system or systems over conventional construction methods.

The use of energy management systems, monitoring, and controls to continuously calibrate, adjust, and maintain energy-related systems.

The provision of individual occupant controls when not in conflict with Subsection H(3)(c)[4].

Indoor environmental quality.

The methods to be used to control pollutant sources.

The use of low-emission materials.

The provision of outdoor views for occupants.

The provision of recycling stations in public areas.

Transportation.

The provisions for pedestrian and bicycle connections to public open space, shopping and areas of job concentration.

The use of bicycle parking facilities.

The provisions for multi-modal motorized transportation for residents, if available.

Construction materials.

The means whereby the consumption of building materials may be minimized.

The process whereby the durability and adaptability of building materials for new use is determined and implemented.

The use of salvaged and refurbished materials in the redevelopment.

Landscaping and tree preservation. The following performance standards shall supplement the bufferyard standards of § 296-75D:

Landscape design. The protection of wooded areas, specimen trees, and existing vegetation suitable for landscaping within the redevelopment shall be a factor in determining the location of open space, buildings, underground services, walks, paved areas, playgrounds, parking areas and finished grade levels and shall be based on a survey of the natural features of the tract.

Perimeter buffer requirements. Landscape buffers shall be required along all perimeter property lines and public rights-of-way except north of the former railroad right-of-way and within the JCP&L easement. The perimeter buffer shall be a minimum width of 30 feet, except for balcony, deck and patio encroachments as permitted under Subsection G(1), Tract requirements. The minimum landscaped width shall be 20 feet and suitable for its function of site enhancement, screening, and control of climatic effects. The perimeter buffer shall meet the minimum standards of the Type B buffer in § 296-75E(4)(b)[2] of this chapter. A stream or freshwater wetland corridor may substitute for a perimeter buffer if appropriately vegetated. The landscape buffer design should retain existing vegetation which is of high quality and appropriate density. Where existing vegetation is unsuitable, it shall be augmented or replaced by new plantings in accordance with a landscape plan submitted to and approved by the Planning Board.

Tree and shrub replacement. A limit of disturbance line shall be established during the review of an application for development taking into account grading, utility placement, and anticipated construction activities. Within the area encompassed by the limit of disturbance, there shall be no requirement for the replacement of trees. The provisions of Ordinance No. 10-27 and Ordinance No. 11-3 shall not apply within the redevelopment area. Within the area to be disturbed by construction activities, the redeveloper shall liberally install trees, shrubs and ground cover in accordance with a landscape plan submitted to and approved by the Planning Board.

Native plants required. In the design of the landscaping plan, no non-native or invasive species of plants shall be used.

Parking lot landscaping. Landscape islands shall be provided within parking fields at the end of all parking bays and in other appropriate locations to minimize heat island effects. A minimum of 5% of the total parking lot area shall be in a landscaped island. Each individual landscape island should be a minimum of eight feet in width and the depth of one or two parking stalls, depending on the width of the parking bay. Such islands should not be less than 160 square feet nor greater than 320 square feet in area. One shade tree (2 1/2 inch caliper minimum planting size) and four shrubs (two-gallon minimum planting size) shall be provided for each 160 square feet of landscape area. The remaining permeable surface shall consist of ground cover, turf, and/or planting beds. The minimum depth of topsoil in parking lot islands shall be 16 inches.

Lighting.

General. All outdoor lighting should be coordinated as to style, material and color. Lighting throughout the site should overlap, creating an even level of illumination throughout the parking area. All exterior lighting shall be designed, located, installed and directed in such a manner as to prevent objectionable light at and across the property lines and to prevent glare at any location on or off the property. The use of light-emitting diode (LED) fixtures is encouraged for energy efficiency and uniform illumination.

Illumination shall be no more than one footcandle level at a street line, at least two footcandles at vehicular entrances and exits, and no more than 1/4 footcandle at other perimeter property lines.

Lighting poles and footers together shall not exceed 25 feet in height in driveways and private streets and 12 feet illuminating pedestrian walkways outside of parking lots, though where feasible, bollard lighting shall be the preferred type with a height not to exceed three feet.

Pedestrian level lighting shall be used along any pedestrian walkways not illuminated by parking lot lighting. The minimum illumination of pedestrian areas shall be 0.5 footcandle over the walkway surface.

Lamps shall emit a color temperature between 3,200° K. and 5,000° K. with a minimum color rendering index of 70 or higher.

Parking and circulation design.

The minimum parking provided shall be equal to two parking spaces per dwelling unit. The Planning Board may consider and approve a plan allowing for up to 20% of the total required number of parking spaces to be banked. In the event that banked spaces are approved, one or more of the banked spaces shall be constructed by the owner following initial occupancy upon a certification by the Township Planner or Township Engineer that the site as originally constructed has inadequate parking. The number of spaces to be constructed shall be determined by the Township Engineer.

The minimum size of a standard parking space shall be nine feet by 18 feet for ninety-degree parking and nine feet by 23 feet for parallel parking.

The minimum drive aisle/parking aisle width shall be 24 feet. Where a bifurcated entrance driveway or private street is proposed, each one-way lane of travel shall be a minimum of 14 feet in width.

Where sidewalk abuts a parking space, the total width of the curb and sidewalk shall be a minimum of six feet in width.

Barrier-free parking spaces shall be distributed throughout the apartment complex in a ratio as required by the International Building Code 2015, New Jersey Edition, Chapter 11, Section 11.06.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Barrier-free parking space dimensions shall comply with the 2010 ADA Standards for Accessible Design, Section 502, as it may be amended or superseded.

A bus shelter shall be provided along the frontage of Junction Road and connected via a pedestrian pathway to the internal pedestrian circulation system, unless the redeveloper can adequately demonstrate that no operator will service the site after occupancy.

The redeveloper shall make adequate provision for pedestrian and bicycle circulation and bicycle parking throughout the site. The redeveloper shall make adequate legal provision in the form of an easement for the eventual connection of the site to the Pioneer Fields public open space parcel located to the west and northwest of the redevelopment area.

Roof design.

General. To add interest and reduce the scale of the buildings, variations in rooflines shall be used through the use of overhanging eaves, parapets, dormers, height variations and entrance features.

Roof design shall incorporate the following design features:

Three or more roof slope planes; and/or

Overhanging eaves, parapet or canopy projections, which extend no less than two feet past the supporting walls.

Photovoltaic panels. Roofs shall be designed to accommodate the installation of photovoltaic panels.

Signs. Any development within the Junction Road Redevelopment Area shall conform to the following sign types and limitations:

One monument-style ground sign shall be permitted when located adjacent to an entrance driveway or private street, not to exceed 50 square feet in sign area and eight feet in height. Such sign shall be located no closer than 15 feet to a public right-of-way and 30 feet to a side property line.

In the event that the main entrance driveway is bifurcated, one ground-mounted directional sign on each side shall be permitted indicating the flow of traffic into and out of the site. Such sign shall be no larger than 30 inches in height and four square feet in area.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

One ground-mounted directory sign shall be permitted located at the first branching of the main driveway or subsequent branchings indicating by map or arrows the location of the various buildings on site. Such sign shall be no larger than six feet in height and 18 square feet in area.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

One freestanding sign shall be permitted each for the sales and rental office, manager's office (if different from the sales and rental office), and community center located between a parking area or private street and the main building entrance not to exceed 1.5 square feet in area and four feet in height, pole mounted.

Incidental signs shall be permitted provided that the sign is attached to a wall, stenciled to an exterior door or attached to a fence, except for emergency signs. Emergency signs may be placed on poles, A-frame supports or other structure. The signs shall not exceed 1.5 square feet in area.

Each building shall be lettered or numbered with a wall sign in accordance with the requirements of the municipality's emergency management office. The minimum letter height shall be eight inches. Each apartment shall be signed with the apartment number located on the door or next to the door jamb in accordance with the requirements of the municipality's emergency management office. The minimum letter height shall be four inches.

Solid waste management.

One outdoor collection area for trash, garbage and recyclable materials shall be provided for each 50 dwellings or part thereof which shall be separate from parking spaces whether such spaces are inside or outside of any building.

All trash and recycling locations shall be enclosed and located in a manner which is obscured from public view from parking areas, private streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of the three.

All exterior solid waste enclosures shall be constructed of materials the same or substantially similar to the architectural materials of the buildings with which they are associated.

Public improvements. Public improvements are anticipated to be required and installed at the full expense of the designated redeveloper as individual lots and tracts of land are redeveloped consistent with the design policies and standards that are contained within this plan. The redeveloper is expected to install necessary public improvements on the property it controls as well as abutting rights-of-way. The redeveloper is expected to construct any off-tract improvements necessitated by its redevelopment. No recapture of off-site improvement expenses from future development should be anticipated. However, nothing contained herein shall be construed to preclude the ability of the municipality or redeveloper to obtain any governmental programs, grants, loans, or other financial support or incentives for public infrastructure improvements or other construction.

Streets.

The redeveloper shall be responsible for any street improvements along the frontage of Junction Road determined to be required in the site plan review process at the appropriate governmental level.

All streets within the redevelopment area shall be privately owned.

Utilities.

All development within the redevelopment area shall be served by public water and sewer. The redevelopment area is currently located within the service areas of the Raritan Township Municipal Utilities Authority for public sewer and the New Jersey American Water Company for water. The redeveloper shall install the mains, service lines, standpipes and other facilities required for the redevelopment in accordance with the policies and standards of the company. There is no identified treatment capacity constraint for the level of redevelopment anticipated by this section for service to be supplied by the Raritan Township Municipal Utilities Authority. The redeveloper shall install the interceptors, soil lines, pumping stations and other facilities required for the redevelopment in accordance with the policies and standards of the Municipal Utilities Authority.

All cabling systems for electric service, cable television, telephone, internet and similar wiring shall be placed underground by the redeveloper necessary for the redevelopment.

Development plan review and approval.

Pre-application conference and concept plan.

Prior to submission of any application for development, the redeveloper shall meet for a pre-application conference with the Technical Review Committee (TRC) to ensure that the requirements of this section (Ordinance No. 14-20) are addressed. The Technical Review Committee, for the purposes of development within the redevelopment area only, may also include one or more members of the Redevelopment Authority, but one fewer than constitutes a quorum of that body.

The redeveloper shall submit a concept plan (also known as an "informal plan") to the TRC at an early stage of the design process. The redeveloper shall present concept drawings illustrating compliance with this section. The TRC shall provide the redeveloper with written comments and, if need be, alternative sketches in response. The concept plan shall be compared with the design standards in this section as the basis for the review.

Escrow fee. Redevelopers seeking approval of a development in the redevelopment area shall establish an escrow account with the Redevelopment Authority from which any consultants necessary for the review of the redevelopment shall be paid. Such escrow account shall be in accordance with N.J.S.A. 40:55D-53.2. The Redevelopment Authority shall adopt a fee schedule by resolution and may amend it from time to time as circumstances warrant.

Application for development. The application for development shall be submitted in such form and accompanied by such maps, documents, and materials as are prescribed in § 296-73 and the development application checklist(s), with the following additional submission requirements:

An architectural elevation of each facade.

A detail of each of the following building elements:

Main and secondary building entrances. A typical entrance may be shown if the main and secondary entrances are the same.

Typical window and surrounding architrave.

Cornice.

Transition.

A sample board or boards for review by the Technical Review Committee upon which are attached the actual materials to be used on each facade, including but not limited to window glass, window frame, architrave, base, field, cornice and accent materials. The sample board should be arranged to indicate the relative proportions of the materials to be used in the facade to the relative proportions of the materials on the subject board. Simultaneously, or as a separate application, the materials to be used in any signage for the building or structure shall be submitted for review.

A copy of any protective covenants or deed restrictions applying or to be applied to the subject land, excepting concept plans. For proposed deed restrictions or protective covenants, these may be submitted in draft form.

Any existing or proposed easement or land dedicated or reserved for public use beyond that already indicated in this section. For proposed easements, these may be submitted in draft form.

A list of all required regulatory approvals at the municipal, county, state, and federal level of government and their status.

Redevelopment Authority approval. The Redevelopment Authority shall certify the consistency of an application for development with this section prior to its submission by the redeveloper to the Raritan Township Planning Board upon recommendation of the TRC. As a condition precedent to the filing of any application for development with the Planning Board for any property governed by this section, the Redevelopment Authority shall execute the redevelopment agreement with the redeveloper.

Public notice and hearing. Any action towards the certification of consistency of a redevelopment with this section by the Redevelopment Authority shall be taken at a public hearing of the Redevelopment Authority that is open to the public. The redeveloper shall provide notice to the public in the official newspaper of the Township at least 10 days prior to said hearing in accordance with the procedures contained within N.J.S.A. 40:55D-1 et seq. for an application for development.

Planning Board review.

Site plan and subdivision review shall be conducted by the Raritan Township Planning Board pursuant to N.J.S.A. 40:55D-1 et seq. Site plan review shall consist of a preliminary site plan application and a final site plan application. Subdivisions shall consist of a preliminary major subdivision application and a final major subdivision application. Subdivisions shall be filed with the county recording officer by plat.

The Raritan Township Planning Board may grant deviations from the strict application of the regulations contained within this section, except those standards and regulations specified in Subsection J(6)(c) below, in accordance with the provisions of N.J.S.A. 40:55D-60 and 40:55D-70c.

No deviations shall be granted that result in any of the following effects or conditions:

To allow a use not specifically permitted within the MF 100% Affordable Housing Overlay Zone.

Exceeding the maximum building or structure height as measured in feet and/or stories in excess of that permitted to be reviewed by the Planning Board in accordance with N.J.S.A. 40:55D-70d(6).

Deviation from the phasing plan for public improvements or other contractual obligations of the redeveloper to the Redevelopment Authority. Such deviations sought from these effects or conditions or the phasing schedule shall require an amendment of this section.

Effect of Planning Board approval. The effects of any Planning Board approval shall be consistent with the rights granted by the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) except to the extent they may be modified by the redeveloper's agreement.

[Added by Ord. No. 08-8]

Overlay zone created. The Group Homes Zone shall be an overlay zone and shall not replace the preexisting underlying zoning.

Permitted principal uses.

Group homes.

Permitted accessory uses.

Administrative offices accessory to the principal group home use.

Utilities. Any group home use shall be serviced by public sanitary sewer.

Maximum density: two bedrooms per acre

[Amended by Ord. No. 08-3]

Purpose. It is the purpose of this zone to provide areas in which business uses are limited to the convenience type serving the residents and employees of the immediate area only. Within this zone, no lot, structure or accessory structure shall be used in whole or in part unless it complies with Schedules I and II attached to this chapter, other applicable sections of this chapter, and the following regulations.

Principal permitted uses. Retail service uses as set forth below and not exceeding a per unit (shop) size of 4,000 square feet in gross floor area.

Grocery, baker, meat and fruit shops.

Drug and pharmaceutical shops.

Stationery and tobacco shops.

Hardware and garden supply shops.

Florist and gift shops.

Funeral homes.

Barbershops and beauty shops.

Tailoring, dressmaking and shoe repair shops.

Dry cleaning dropoff shops.

Radio, television, small sound equipment and small appliance sales and repair shops.

Restaurants, excluding fast-food restaurants.

Professional offices.

Package liquor and beverage shops.

Banks.

Child-care centers. Child-care centers are not subject to the limit of 4,000 square feet in gross floor area.

Permitted accessory uses.

Public and private parking.

Signs and fences.

Other uses and structures customarily incidental to a principal permitted use.

Apartments over shops and offices in accordance with Subsection F.

Conditional uses.

Public and private schools and day nurseries.

Public uses.

Essential services.

Home businesses. (See § 296-3, Definitions.)

Buffer strips. All lots or parts of lots which are improved with a predominantly nonresidential use and whose side or rear lines are adjacent to a residential zone shall be screened from such residential zone by landscaped buffer strips or other such screening along said side or rear lines as may be approved by the Planning Board in accordance with § 296-177.

Apartments over shops and offices.

A building containing a permitted shop or office on the first floor may be constructed with a maximum of two apartment units on the second floor.

There shall be provided a lot area of 1,000 square feet in area for every apartment, in addition to the lot requirements for the permitted nonresidential uses, for the applicable zone.

Each apartment shall be self-contained and shall have a gross floor area of at least 400 square feet.

Public sewer and water shall be required.

Entrances to apartments shall be from the rear of the building.

Parking for tenants shall be provided at the rear of the building.

[Amended by Ord. No. 02-9; Ord. No. 08-3]

Purpose. It is the purpose of this zone to define and provide controls for the major shopping and business areas of the Township, serving the needs of both Township residents and the regional population, and transient highway users. Within this zone, no lot, structure or accessory structure shall be used in whole or in part unless it complies with Schedules I and II attached to this chapter, other applicable sections of this chapter and the following regulations.

Principal permitted uses.

Retail and services uses, excluding those uses listed under Subsection D.

Banks and business and professional offices.

Hotels and motels.

Theaters and civic and cultural facilities.

Commercial recreation, provided that loudspeakers and concessions are prohibited on the premises, unless the activity is totally contained within a building, then interior concessions may be part of the activity.

Wholesale and wholesale-distribution uses, except bulk petroleum products in excess of tankage permitted pursuant to § 296-140C.

Animal hospital and kennels.

Commercial greenhouses.

Funeral homes, clubs, lodges and fraternal organizations.

Printing and publishing shops.

Mini warehouses.

Child-care center.

Permitted accessory uses.

Public and private parking.

Signs and fences.

Other uses and structures customarily incidental to a principal permitted use.

Conditional uses.

Public and private schools and day nurseries.

Public uses.

Essential services.

Shopping centers.

Gasoline filling stations and public and repair garages.

New car, farm machinery and construction equipment agencies.

Used car sales (see § 296-151E).

Home businesses.

Buffer strips. All lots or parts of lots which are improved with a predominantly nonresidential use and whose side or rear lines are adjacent to a residential zone shall be screened from such residential zone by landscaped buffer strips or other such screening along said side or rear lines as may be approved by the Planning Board in accordance with § 296-177.

[Amended by Ord. No. 02-9; Ord. No. 08-3]

Purpose. It is the purpose of this zone to provide areas in which business uses are intended to serve the community and surrounding residents and activities when said uses can be adequately serviced by the sanitary sewer system. Within this zone, no lot, structure or accessory structure shall be used in whole or in part unless it complies with Schedules I and II attached to this chapter, other applicable sections of this chapter and the following regulations.

Principal permitted uses.

Retail and service uses except:

Shopping centers on lots greater than three acres.

Fast-food restaurants.

Recreational activities.

Wholesale and distribution uses.

Commercial greenhouses, except those associated with a florist shop.

Theaters.

Gasoline filling stations and public and repair garages.

New car, farm machinery and construction equipment agencies.

Dry cleaning and laundry processing plants.

Group homes.

Hotels and motels.

Civic and cultural facilities.

Banks and business and professional offices.

Funeral homes, clubs, lodges and fraternal organizations.

Printing and publishing shops.

Institutions.

Child-care center.

Permitted accessory uses.

Public and private parking.

Signs and fences.

Other uses and structures customarily incidental to a principal permitted use.

Conditional uses.

Public and private schools and day nurseries.

Public uses.

Essential services.

Home businesses. (See § 296-3, Definitions).

Occupational, vocational and academic training center for handicapped persons.

Buffer strips. All lots or parts of lots which are improved with a predominantly nonresidential use and whose side or rear lines are adjacent to a residential zone shall be screened from such residential zone by landscaped buffer strips or other such screening along said side or rear lines as may be approved by the Planning Board in accordance with § 296-177.

[Amended by Ord. No. 02-9; Ord. No. 08-3]

Purpose. It is the purpose of this zoning district to reserve appropriate areas for business development within a park-like setting by requiring a landscaped strip to a depth of 100 feet along such highway frontage, when said uses can be adequately serviced by the sanitary sewer system. Within this zone, no lot, structure or accessory structure shall be used in whole or in part unless it complies with Schedules I and II attached to this chapter, other applicable sections of this chapter and the following regulations.

Principal permitted uses. (The conditional use standards set forth for shopping centers in Article XVI shall not be applied to any development in the B-4 Zoning District reaching or exceeding the size threshold as set forth in the definition of "shopping center" in § 296-3. Any shopping center shall be subject to the restrictions applying to principal permitted uses in the B-4 Zoning District and area, yard and building requirements set forth on Schedule I applying to the B-4 Zoning District.)

Retail and service uses except:

Fast-food restaurants.

Recreational activities, except that bowling alleys are permitted.

Wholesale and distribution uses.

Commercial greenhouses, except those associated with a florist shop.

Gasoline filling stations and public and repair garages.

New car, farm machinery and construction equipment agencies.

Dry cleaning and laundry processing plants.

Group homes.

Funeral homes, clubs, lodges and fraternal organizations.

Animal hospitals and kennels.

(k)

Printing and publishing shops except map reproduction and copy centers.

Mini warehouses.

Home businesses.

Hotels and motels.

Theaters and civic and cultural facilities.

Banks and business and professional offices.

Child-care centers.

Permitted accessory uses.

Public and private parking.

Signs and fences.

Other uses and structures customarily incidental to a principal permitted use.

Conditional uses.

Public uses.

Essential services.

Buffer strips. All lots or parts of lots which are improved with a predominantly nonresidential use and whose side or rear lines are adjacent to a residential zone shall be screened from such residential zone by landscaped buffer strips or other such screening along the side or rear lines as may be approved by the Planning Board in accordance with § 296-177.

[Added by Ord. No. 01-28; amended by Ord. No. 02-53; Ord. No. 06-31; Ord. No. 08-3]

Purpose. It is the purpose of this zoning district to provide for low-intensity highway-oriented uses along highways within the Township and to provide for transitional uses between residential areas and the state highways. These uses are to be limited in the type of use, developable area, hours of operation, and floor area to limit the overall negative impacts associated with such development, including but not limited to traffic generation, noise, glare, runoff and pollution. Within this zone, no lot, structure, or accessory structure shall be used in whole or in part unless it complies with Schedules I and II attached to this chapter, other applicable sections of this chapter, and the following regulations.

Zone created. There is created a B-5 Zoning District classification. The following area shall comprise the B-5 Zoning District: all of the area shown on the Official Zoning Map of the Township of Raritan in the R-1A Low-Intensity Highway-Oriented Conditional Use Zone in the following blocks and lots:

Block 63.01, Lots 11, 12, 12.01, 13, and 13.01.

Block 84, Lots 6, 7, 8, 9, 16, 17, 18, 19, 34, 34.01, 37, and 100.01.

Block 84.03, Lot 1;

Block 85, Lots 19, 24, 25 and 42; and

Block 86, Lots 8, 26.02 and 29.

Principal permitted uses.

Professional offices.

Business offices.

Restaurants (excluding fast food).

Mini warehouse.

Medical offices.

Card and gift store.

Veterinarian.

Travel agency.

Nursing home/assisted living facility.

Antique store.

Art gallery.

Any form of agriculture and horticulture, including farm product sales in accordance with § 296-95E.

Dry cleaning dropoff shops.

Banks.

Tailoring, dressmaking and shoe repair shops.

Florist.

Funeral homes.

Photographer.

Computer, television, and electronics repair.

(20)

Indoor recreational training facility.

(21)

Barbershops and beauty shops.

(22)

Child-care centers

Permitted accessory uses.

Public and private parking.

Signs and fences.

Other uses and structures customarily incidental to principal permitted use.

Conditional uses.

Public and private schools and day nurseries.

Public uses.

Essential services.

Houses of worship

Hours of operation. Any nonresidential use within the B-5 Zone shall be limited in its hours of operation, including deliveries, to 6:00 a.m. to 11:00 p.m.

[Added by Ord. No. 02-47; amended by Ord. No. 08-3; Ord. No. 2017-14]

Created. There is created a PCOS Planned Commercial-Office-Service District within the Township. The following properties shall be in the PCOS Zoning District: Block 16.01, Lots 35 and 36.

Purpose. It is the purpose of this section to permit the development of a residential component to the existing Raritan Town Square to permit the development of a rental housing component that will include apartments affordable to low- and moderate-income households when such uses provide adequate open space, architectural detail, and public and semipublic areas, provide for a mixture of uses, and are serviced by public sanitary sewer and public water.

Principal permitted uses.

Retail.

Professional offices.

Business offices.

Restaurants (including outdoor seating areas).

Delicatessen.

Medical offices.

Optometrist, including eyeglass sales.

Movie theaters.

Catering and assembly halls.

Hotels (excluding motels).

Dry cleaning dropoff shops.

Banks.

Barbers, beauty salons, nail salons, spas and other cosmetic services.

Travel agents.

Photographers.

Real estate offices.

Indoor recreational uses.

(18)

Outdoor recreational facilities.

(19)

Public uses.

(20)

Theaters and civic facilities.

(21)

Parking structures.

(22)

Light manufacturing provided the use is not visible by the general public and the use is conducted solely within a building.

(23)

Child-care centers.

(24)

Multifamily residential housing units, subject to conditions in § 296-75.

Prohibited uses. The following uses are specifically prohibited:

Car wash.

Vehicle repair.

Vehicle sales.

Wholesale and distribution facilities.

Kennels.

Motels.

Outdoor storage of goods or materials.

Permanent outdoor sales.

Conditional uses.

Essential services.

Public and private schools and day nurseries.

Houses of worship.

Seasonal sales areas.

Floor area requirements.

Maximum total floor area ratio (FAR): 590,250 square feet (0.24) for Lots 35 and 36. Residential apartment buildings are not included in floor area ratio calculations.

Use Category (Principal Use)	Minimum Required Square Feet (percentage of total retail square feet developed)	Maximum Developable Square Feet (percentage of total floor area developed)
1 (Retail)	N/A	65%
2 (Service uses)	74,995	No maximum
3 (Office uses)	12,636	No maximum

Use categories.

Category 1: Retail sales.

Category 2: Service uses, child care, restaurants (including takeout and exterior eating areas), hotels, banquet facilities, conference facilities, recreation, movie theaters, theaters, public uses, civic uses, light manufacturing, insurance and real estate offices, and travel agencies.

Category 3: Office uses (including professional, business, medical, and research labs). Any civic use developed shall count towards Category 2 as 1.5 square feet for every one square foot developed when approved by the Planning Board.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Category 4: Residential uses. The maximum permitted total units for multifamily apartment housing within the district is 140 dwelling units of which 20% or 28 dwelling units shall be deed restricted so as to remain affordable to low- and moderate-income households.

The market-rate rental apartment units shall be either efficiency units or one-bedroom or two-bedroom units only. There shall be no market-rate units with more than two bedrooms. The affordable units shall comply with the bedroom allocation requirements pursuant to N.J.A.C. 5:93-7.3(a).[1]

Editor's Note: N.J.A.C. 5:93 expired 10-16-2016.

The phasing of market-rate to affordable units during construction will meet the construction sequence schedule set forth in N.J.A.C. 5:93-5.6(d).[2]

Editor's Note: N.J.A.C. 5:93 expired 10-16-2016.

Each structure shall have a mix of market-rate and affordable units, intermixed throughout the building structure and floors. The exterior of the affordable units shall be visually similar in appearance to the market-rate units.

Open space and buffer requirements.

A 100-foot open space buffer area shall be provided along the frontage of a state highway and a fifty-foot open space buffer shall be provided along the frontage of any county or Township road.

The open space buffer shall not be used for parking, loading, storage, or any activity that is either part of or accessory to the proposed use.

The open space buffer may contain utility lines, driveways, or pedestrian or bicycle paths, provided that:

The proposed locations of such uses are necessary for their proper functioning, and such uses cross the buffer where feasible, rather than lie along the length of the buffer; and

The total width of the buffer is maintained.

Detention basins shall not be permitted in the open space buffer, with the exception that retention ponds and/or underground stormwater management systems are permitted.

A minimum of 10% of the total lot area shall be set aside and/or developed for usable open space, public and/or civic uses. All open space and civic or public uses shall be reviewed and approved by the Planning Board.

The open space requirement may be provided by exterior green spaces or interior civic or other public indoor recreational facility or interior public spaces or any combination thereof. The use of interior civic or public recreational spaces shall be considered as a Category 2 use, as listed in Subsection F. Interior spaces shall account for no more than 50% of the total open space requirement. Interior spaces may be located in individual buildings, on upper floors, portions of buildings, or any combination thereof.

The residential uses shall provide a recreational amenity located in proximity to the residential building and provide a minimum area of 400 square feet for play area or structure.

Maximum impervious cover: 55%.

Any interior civic space may be counted as 1.5 square feet of floor area under Category 2 in Subsection F, Floor area requirements, for every one square foot of gross floor area developed when such civic space is approved by the Planning Board.

Utilities.

All uses must be serviced by sanitary sewer and public water. Applicant shall submit evidence of sufficient sanitary sewer and potable water capacity, as per the municipal application checklist requirements, before the application can be heard.

All public utilities must be located underground.

Shared development. Either through private agreements, joint ownership, joint application, or other means the hard surface coverage, parking, open space and floor areas for the various uses may be provided, transferred and/or clustered on one or all sites (i.e., the entire zone may be developed as one site). Such transfer will require approval of any and all agreements, easements or other necessary documentation by the Planning Board.

Parking.

Parking requirements on the site may be reduced to one space per 250 square feet of gross floor area provided an adequate mixture of land uses is provided that permits the sharing of parking facilities. Additional sharing of parking facilities may be permitted after review by the Planning Board.

Parking for the residential use must meet RSIS standards.

Parking islands and landscaping shall meet existing Township standards.

Handicapped parking spaces must be provided in accordance with State of New Jersey regulations.

Mixture of building sizes. A mixture of the size of the retail facilities provided is required to ensure a diversity in the types of uses developed. For every 100,000 square feet (or portion thereof) of gross retail space, at least three separate retail spaces must be constructed. There are no individual size requirements for each facility and the spaces may be connected.

Design guidelines.

Signs (both ground and wall signs) shall be coordinated in color and design. Directional signs shall be provided throughout any development to assist in the flow of traffic to the most efficient entry and exit point.

A common green space complementary to civic and recreational uses shall be provided.

A mixed use (retail/office/service/civic) area shall be provided adjacent to the central green space.

Uses should be clustered within any development to aid in pedestrian access among the various uses. Uses shall not be located on isolated building pads.

Multistory development is encouraged.

Parking facilities should be designed so that they are shielded from view from the public areas within the site and from passersby on exterior roadways. Parking areas should be so located as to aid in the sharing of parking facilities.

All parking areas, stormwater systems, buffers, green spaces and other areas shall be landscaped as per Township requirements.

The overall architectural design of the site should be coordinated in color, scale and design. Each individual use shall be architecturally delineated.

Loading and other building service areas shall be shielded from view from the public and shall be combined, where possible.

Lighting shall be kept to a minimum and shall follow requirements found elsewhere in this chapter.

Any parking structures shall be adequately lit. In addition, any such structure shall be incorporated into the overall architectural design of the site.

School bus pads that meet the standards of the Raritan Township public school districts need to be provided.

[Amended by Ord. No. 2017-14]

Each residential development shall have a mix of market-rate and affordable units, intermixed throughout the building structure and floors. The exterior of the affordable units shall be visually similar in appearance to the market-rate apartment units.

[Amended by Ord. No. 2017-14; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Hours of operation. All uses shall be closed to the general public from 2:00 a.m. to 5:00 a.m. of every day, except uses within 200 feet of the residential buildings shall limit hours of operation to 12:00 a.m. to 5:00 a.m.

[Added by Ord. No. 07-33; amended by Ord. No. 08-3; Ord. No. 2016-11]

Intent. It is the intent of this section to permit the development of residential, commercial and recreational uses within this zone when such uses provide adequate open space and a mixture of uses. Within this zone, no lot, structure or accessory structure shall be used in whole or in part unless it complies with Schedules I and II attached to this chapter and other applicable sections of this chapter.

Overlay zoning. Block 9, Lots 8, 15.01, 16, 16.01, 16.02, 17, 17.01, 19, 23 and 23.01 (designated on 2015 Tax Maps), which are currently zoned I-2, shall have the option to use the following Commercial-Recreational-Residential zoning requirements provided all zoning requirements are met. Any such property electing to use the requirements of this section must do so entirely and not combine the I-2 and C-R-R zoning on one property.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Permitted uses. No building or structure shall be erected nor shall any land or building be designed or used for any purpose other than the following:

Commercial and noncommercial indoor and outdoor recreation.

Museums.

Theaters and civic facilities.

Catering and assembly halls.

Restaurants.

Hotels.

Movie theaters.

Child-care facilities.

Banks.

Agricultural uses.

Dry cleaners.

Utilities.

Retail uses.

Residential dwellings units (market-rate and affordable per Subsection F).

Public and private schools (conditional standards contained in § 296-151G shall not apply).

(16)

Offices including business, medical and professional offices.

(17)

Mixed uses in a single structure.

(18)

Accessory uses and accessory structures customarily incidental to the above uses.

Accessory uses.

Recreational lighting in compliance with the requirements of this section.

Public and private parking, including multilevel parking (subject to height limits in Schedule I).

Signs and fences.

Outdoor seating.

Conditional uses.

Public uses.

Essential services.

Houses of worship.

Affordable residential rental housing. The development shall include an inclusionary rental housing component in accordance with the following standards:

Unit count.

The project shall consist of a minimum of 305 dwelling units and a maximum of 339 dwelling units, of which 20% of the total count shall be affordable rental units in accordance with New Jersey requirements for low- and moderate-income housing as set forth in N.J.A.C. 5:80-26.1 et seq.

Any deviation below the minimum in the unit count of 305 dwelling units shall be considered a design waiver pursuant to N.J.S.A. 40:55D-51, not a variance pursuant to N.J.S.A. 40:55D-70, provided that 20% of the total count are affordable units.

The project may be phased with the initial phase consisting of a minimum of 130 dwelling units. Each phase shall provide that 20% of the dwelling units of that phase are affordable units.

Unit distribution.

Each housing structure shall contain a minimum of one affordable unit for every eight market-rate units. Where the ratio results in a fraction, the requirement shall be rounded up to the nearest whole number.

No market-rate unit shall have in excess of two bedrooms.

Unit design.

Market-rate and affordable-rate dwelling units shall be designed to appear as an integrated development and shall not be distinguishable from the exterior.

Bedroom distribution for the affordable units shall be in accordance N.J.A.C. 5:80-26.3.

Administrative requirements.

Affordable housing units shall not be age-restricted.

Range of affordability. The range of affordability shall be in accordance with N.J.A.C. 5:80-26.3, except that 20% of the affordable units shall be three-bedroom units and 13% of the units shall be for very-low-income households.

Each individual applicant for affordable tenancy shall be reviewed by the owner and qualified by the Township's Administrative Agent, presently Central Jersey Housing Resources Center, Inc. The applicant shall provide on a timely basis and upon request to the Township Planner and Administrative Agent all the information necessary for the Township to document affordable housing compliance. There will be a thirty-year deed restriction on the affordable housing units, which will restrict the use of the affordable housing in accordance with the rules and regulation of the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq., and the substantive rules of the Council on Affordable Housing, if applicable, as amended and in effect. The form of this deed restriction shall be reviewed by the Raritan Township Special Affordable Housing Attorney for conformity to this section and will be recorded with the Hunterdon County Clerk prior to the start of construction.

Phasing schedule. Affordable units shall be built in accordance with N.J.A.C. 5:97-6.4(d).[1] A newly constructed unit shall be considered complete when a certificate of occupancy is issued.

Editor's Note: N.J.A.C. 5:97 expired 6-2-2015.

Utilities. All uses must be serviced by public sanitary sewer and public water. Said utility service may be a condition of any approval.

Shared development. Either through private agreements, joint ownership, joint application, or other means the hard surface coverage, parking, open space, density and floor areas for the various uses may be provided, transferred and/or clustered on one or all sites (i.e., the entire zone may be developed as one site). Such transfer will require approval of any and all agreements, easements or other necessary documentation by the Planning Board and the Township Attorney.

Hours of operation. All outdoor uses shall be closed from 12:00 a.m. to 7:00 a.m. of every day other than lighting for the safe exit of patrons and employees.

Design guidelines. The following guidelines are intended to supplement existing site plan design standards:

Signs (both ground and wall signs) shall be coordinated in color and design. Directional signs shall be provided throughout any development to assist in the flow of traffic to the most efficient entry and exit point.

Parking areas should be so located as to aid in the sharing of parking facilities.

The overall architectural design of the site should be coordinated in color, scale and design and shall be approved by the Planning Board.

Loading and other building service areas shall be shielded from view from the public and shall be combined, where possible.

A minimum of 2.0 parking spaces per residential unit shall be provided within 200 feet of the residential structures. Additional required parking to meet RSIS standards may be shared parking on Lot 15.01, 16, 16.01, 16.02, 17.01 or 23 with different uses.

Recreational lighting. In the Commercial-Recreational-Residential Zone the following recreational lighting requirements shall apply:

Recreational lighting providing light to a permitted outdoor recreational use shall be considered an accessory use in the Commercial-Recreational-Residential Zone [except for the purposes of setback requirements as noted in Subsection K(5) below].

Lighting shall be accomplished only through the use of fixtures conforming to IESNA full-cutoff criteria, or as otherwise approved by the Township based on suitable control of glare and light trespass.

For new recreational facilities and recreational facilities wishing to change their hours of operation, during hours of darkness, sporting events shall be timed so that all lighting in the sports facility, other than lighting for safe exit of patrons, shall be extinguished by 12:00 a.m., regardless of such occurrences as extra innings or overtime.

Any structures related to the lights including light poles shall meet the setbacks for principal structures within the zone.

Maximum mounting heights for recreational lighting shall be in accordance with the following:

Basketball: 20 feet.

Football: 70 feet.

Soccer: 70 feet.

Little league baseball: 200-foot radius, 60 feet; 300-foot radius, 70 feet.

Miniature golf: 20 feet.

Tennis: 20 feet.

Track: 20 feet.

[Added by Ord. No. 08-17]

Overlay zone. The Outdoor Recreation Zone shall be an overlay zone and shall not replace the preexisting underlying zoning.

Permitted principal uses.

Outdoor commercial recreation.

Permitted accessory uses.

Administrative offices accessory to the principal use.

Indoor commercial recreational incidental to the principal outdoor use.

Recreational sports lighting in accordance with Subsection E.

Fencing for recreational uses may be up to 30 feet in height provided no such fencing is located in any front setback area.

Existing single-family dwellings may continue to be used for residential purposes. Notwithstanding the foregoing, any such single-family dwelling, and any part thereof, within the boundaries of the OR Zone, as that zone was configured on the effective date of Ordinance No. 19-14, may be leased or rented as sleeping accommodations to individuals engaged or involved with the principal permitted use of the Outdoor Recreation Zone. This subsection shall not permit such accessory uses, as set forth above, in any properties included within the OR Zone after the effective date of Ordinance No. 19-14.

[Added 6-5-2019 by Ord. No. 19-14]

Utilities. Any use shall be serviced by public sanitary sewer.

Outdoor commercial recreation lighting standards.

This subsection pertains to lights installed principally to provide illumination for outdoor sports facilities.

All outdoor uses shall be closed from 12:00 midnight to 6:00 a.m. of every day and all lighting extinguished other than security lighting and lighting for the safe exit of patrons and employees. This revised lighting standard shall take precedence over any prior ordinances or resolutions.

[Amended 6-5-2019 by Ord. No. 19-14]

Lighting stanchions shall not exceed 90 feet in height.

All lighting shall minimize glare and light pollution.

Use of pervious materials. A minimum of 50% of all parking spaces shall be paved with pervious materials that have been approved for use by the Township Engineer.

Buffering. All outdoor commercial recreation uses shall be treated as a medium-intensity commercial use for the purposes of determining the required bufferyards. Where the zone abuts a residential zone, the higher-intensity residential buffer standards in Table I shall apply (see § 296-75).

[Amended 6-5-2019 by Ord. No. 19-14]

Scheduling of events. All events shall be scheduled to cease at 11:00 p.m. where practicable.

[Added 6-5-2019 by Ord. No. 19-14]

[Added 8-20-2019 by Ord. No. 19-19]

Overlay zone. The intent of this section is to allow in the portion of the I-1 Zone identified in Subsection B below (the "overlay zone"), if served by public sewers and public water and under other reasonable requirements, a planned residential development with a variety of housing types within the overall density limits established with the goal of achieving 50 affordable units consistent with the Township's Revised Affordable Housing Compliance Plan. The standards established herein are based on the Master Plan recommendation that this area be developed with age-restricted senior housing, along with affordable housing in order to meet the needs of households of all ages and all income levels, as an inclusionary affordable housing development pursuant to and consistent with the Mt. Laurel Doctrine, the Fair Housing Act[1] and the regulations of the Council on Affordable Housing (COAH), including (without limitation) Subchapter 10 of the COAH regulations (N.J.A.C. 5:97-10.1 to 5:97-10.5).[2]

Editor's Note: See N.J.S.A. 52:27D-301 et seq.

Editor's Note: N.J.A.C. 5:97 expired 6-2-2015.

Zone created. The overlay zone shall consist of Block 36.05, Lots 1 through 143, and Block 36.06, Lot 1, previously known as Block 36, Lot 17. Subject to compliance with applicable subdivision requirements, nothing contained in this section shall preclude the subdivision of the overlay zone into two or more lots, including, without limitation, separate lots for the affordable housing section and the age-restricted housing section (as described below).

Minimum acreage required. Ninety-five contiguous acres shall be the minimum required area for a planned residential development.

Uses permitted. The planned residential development shall include age-restricted single-family detached structures, age-restricted townhouse structures and non-age-restricted affordable housing multifamily structures. The housing types may also include duplexes, quads and one-story ranches to add variety to the housing mix.

Accessory uses permitted. Private garages, public parking areas, clubhouses, playgrounds and other recreational amenities, meeting and gathering places, emergency generators subject to requirements of Subsection M(3), and rental and/or administrative offices shall be permitted accessory uses in the overlay zone. Other incidental uses to serve the residents of the development shall be permitted at the discretion of the Planning Board.

Timing of development. The Planning Board shall establish reasonable timing schedules on the sequence and number of housing types and associated utilities and amenities that may be constructed as part of the planned residential development. Construction of the development in phases shall be permitted upon the request of the developer.

Maximum number of units in overall tract. The maximum number of units to be constructed in the overlay zone shall not exceed 300 units.

Minimum number of affordable units. Twenty percent of the overall number of market-rate units shall be affordable units, which shall meet the regulations and requirements of the New Jersey Council on Affordable Housing (COAH).

Required conditions. The following conditions shall apply to a planned residential development (PRD) in the overlay zone:

The minimum tract area for passive or active open space within the age-restricted section shall be 40%, and the minimum open space within the affordable section shall be 30%. To the extent it is feasible to do so without reduction of the number of units otherwise permitted in the overlay zone pursuant to Subsection G above, care shall be given to protect natural features such as the treed areas, scenic views, wetlands and associated wetland transition areas and buffer areas, steep slopes and drainageways.

The maximum hard surface coverage in the age-restricted section shall be 40% of the total area of such section, and the maximum hard surface coverage in the affordable section shall be 30% of the total area of such section.

The design of the buildings shall provide, where possible, that the front of one building does not face the back of another building or accessory building.

Minimum distance of a building from an interior street or driveway: 35 feet.

Minimum distance of a building from any on-site parking lot, garage or other accessory building: 20 feet.

No market-rate single-family dwelling or multifamily building shall exceed two stories or 35 feet in height, whichever is less. No affordable housing multifamily unit structure shall exceed three stories or 40 feet in height, whichever is less. No accessory community recreation building or community center shall exceed a height of two stories or 45 feet. Entry gatehouses cannot exceed 18 feet in height. Architectural features that add to the natural topography of a tract shall not be included in the height of the dimension.

Interior roads, sidewalks, and driveways shall comply with Residential Site Improvement Standards (RSIS).

Coordinated theme; green building design; look of integrated development.

The overall development within the overlay zone should be designed with a coordinated theme of buildings, signage, landscaping and streetscape, while taking into consideration the natural features, environmental constraints and site topography. A variety of architectural features and different facades are encouraged to provide visual interest, such as staggering unit setback, different exterior materials, and changing of windows, shutters, doors, porches, colors and vertical/horizontal orientations. Buildings shall be designed in accordance with an architectural theme, including signage, which is coordinated with site lighting, street furniture, landscaping, architectural project identity features, and other appurtenances in order to create a sense of place.

Green building design and energy efficiency techniques are strongly recommended. To the extent feasible, the development should follow guidelines of the U.S. Green Building Council's Leadership in Energy and Environment Design (LEED).

Although the market-rate units and the affordable units may be built in different sections of the overlay zone, the development should be designed to integrate the appearance of the units and other structures in the affordable housing section and the age-restricted section so that units of all types appear to be part of an integrated development. Design and aesthetics of all structures should be compatible with each other, regardless of unit type.

The property must be served by public water and sewer.

There shall be a landscaped (or wooded) buffer of at least 50 feet in width maintained around the perimeter of the property, except where the buffer is located along the property's road frontage, in which case roadway connections to service the project, utilities and clearing necessary to accommodate said improvements shall be permissible. The perimeter buffer shall be increased to 100 feet in width along the overlay zone's western boundary adjacent to the Township public works (recycling) facility.

Conformance to COAH regulations.[3]

The affordable housing units shall conform to all applicable COAH regulations, including, but not limited to:

Affordability, N.J.A.C. 5:97-9.3 and 5:80-26.3, 5:80-26.4 and 5:80-26.6;

Occupant eligibility, N.J.A.C. 5:80-26.7 and 5:80-26.16;

Equal numbers of low-income units and moderate-income units, N.J.A.C. 5:97-3.3 and 5:80-26.3(a) (unless COAH shall approve a different allocation between low- and moderate-income units requested by the developer);

Resale price controls, N.J.A.C. 5:97-9.3 and 5:80-26.5 and 5:80-26.6;

Handicapped adaptability and accessibility, N.J.A.C. 5:97-3.14;

Bedroom mix, N.J.A.C. 5:80-26.3(b); and

Affirmative marketing, N.J.A.C. 5:80-26.15.

Notwithstanding anything in this section to the contrary, in no event shall the Township or the Planning Board impose any procedural or substantive requirement that adds to the burden or cost of development within the overlay zone in violation of the requirements set forth in N.J.A.C. 5:97-10.1 to 5:97-10.5, and, for purposes of applying such regulations, the market-rate and affordable units to be constructed within the overlay zone shall be considered a single inclusionary development that is entitled to the benefits of such regulations.

Editor's Note: N.J.A.C. 5:97 expired 6-2-2015.

Minimum standards for single-family housing.

Each lot shall have a minimum area of 6,000 square feet.

Each lot shall have a minimum frontage of 55 feet of roadway on a single road. Where a lot is on a curve of a cul-de-sac, a minimum of 2/3 of the required road frontage shall be required.

Each lot shall have a minimum depth of 100 feet.

Each lot shall have a minimum front yard of 20 feet. (Note: For internal streets without a right-of-way, the front yard setback should be increased by 10 feet.)

Each lot shall have a minimum rear yard of 30 feet.

Each lot shall have a minimum side yard of five feet (each side).

Each single-family lot dwelling shall contain a minimum floor area of 1,500 square feet.

Minimum standards for duplexes, quads and townhouses.

Each lot shall have a minimum front yard of 35 feet from the curb (regardless of public or private streets).

Each building shall have a minimum rear yard separation of 40 feet between the buildings (back to back), and 30 feet (side to back).

Each building shall have a minimum side yard separation of 25 feet (side to side).

Minimum standards for affordable multifamily units.

Minimum lot area of 10 acres.

Each lot shall have a minimum frontage of 100 feet/125 feet (corner).

Each lot shall have a minimum front yard of 30 feet.

Each lot shall have a minimum rear yard of 25 feet.

Each lot shall have a minimum side yard of 30 feet (each side).

Minimum standards for accessory structures.

No accessory building shall exceed the applicable height limit in Subsection I(6).

Parking for a clubhouse shall be one space per 200 square feet.

Emergency generators shall only be located in the rear yard with a rear yard setback requirement of 10 feet.

Parking, roads and sidewalks.

Parking shall be provided as required by RSIS.

Roads shall be designed as required by RSIS.

Sidewalks shall have a minimum width of four feet and must be located along at least one side of each street, between buildings and between parking areas and buildings unless waived by the Planning Board in certain instances.

The developer is encouraged to provide pedestrian and/or bicycle and/or off-road paths with crosswalks and signage for identification and safety purposes. All signs should be designed to complement the theme of the development. Bikeways shall conform to N.J.A.C. 5:21-4.18(b) of RSIS.

The following planning/design techniques are recommended:

On-street parking may be permitted, provided that all RSIS road width and parking lane standards are met or exceeded.

Off-street visitor parking should be fractionalized and logically spread around the development to conveniently service each housing area rather than centralized for the economy. On-street parking shall be counted only for the visitor share of required spaces.

Parking areas should be set aside attractively for boats, motor homes and commercial vehicles which shall not be parked on unit driveways or on access streets.

Parking lots must be designed so that parked vehicles are not required to back out into a public street to exit the lot.

Every project shall have at least two points of access to the public street system or provide a stable secondary emergency route where two access points are not feasible.

Improvements according to the Township standards shall be provided on all existing public streets for sites having frontage thereon.

Speed-calming devices such as roundabouts, constrictions, pavement length limitations, solar speed control signs and other strategies shall be provided.

O.

Recreation. Any included recreation facilities shall be developed suitably to serve the residents of the dwelling units but shall be located in an area which will not be detrimental to owners or residents of properties adjacent to the overlay zone by virtue of noise, light, glare or any other objectionable features emanating from such facilities. Recreation areas may include fitness trails, pedestrian trails, bikeways, and other active or passive recreational features, as proposed by the developer and approved by the Planning Board.

P.

Waste disposal. Waste materials and garbage must be privately disposed of by a method approved by the Township Board of Health. Refuse storage areas shall be so designed as to minimize any detrimental effect on the character of the development and shall meet the setback requirements set forth herein for groups of dwelling units.

Q.

Landscaping/buffering.

All developments shall be provided with professionally designed and executed landscaping. All areas not utilized for parking areas, driveways, streets and roads, recreational facilities, patios or terraces shall be provided with lawns or other suitable ground cover, trees and shrubs. Continuous evergreen screening shall be provided where multifamily or attached units abut the tract boundary line, such screening to be no less than four feet high when planted. However, if evergreen screening is not feasible, screening shall be provided by a solid fence up to six feet in height.

The developer is encouraged to provide shade trees along walks, driveways, parking areas, streets and roads. Screening or buffers consisting of fencing or landscaping may be required around recreation, parking, utility and refuse disposal areas, and around other similar areas, at the discretion of the Planning Board. All landscaping shall be maintained in good condition and shall be replaced when necessary by the unit owners or the homeowners' association for the development.

In lieu of the standard buffer screen plantings, the developer may elect to incorporate a reforestation-type planting in the buffer areas. The purpose of the reforestation planting is to protect and restore sensitive resource areas, such as steep slopes, wetland and wetland buffers, to their original condition. Reforestation shall consist of planting of trees and shrubs and seeding of native meadow plant mixtures. Reforestation shall also include site preparation, such as removal and control of invasive species, as well as implementation of post-planting maintenance practices to ensure the establishment of the new plantings.

Use of canopy trees throughout the site is recommended to shade both paved surfaces as well as the houses.

R.

Stormwater management. Subject to compliance with the applicable stormwater management plan requirements, developers should consider designing alternative stormwater management plans that would reduce the amount of tree removal and area of disturbance, such as more dispersed, smaller-scale stormwater management features, rain gardens, reforestation or other alternatives. To the extent feasible without reducing the number of units permitted within the overlay zone, stormwater management basins shall be shaped to appear natural and separated from units as far as possible. The basins shall be surrounded by attractive safety fencing.

S.

Utility installations. All utilities serving the developments in the overlay zone shall be installed in accordance with the applicable ordinances, regulations and standards of any federal, state, or local governmental agency, authority or utility unless otherwise authorized by the regulating entity. Subject to the foregoing, all such utilities shall be installed underground at a depth and at such location as will minimize risk or interruption of services.

T.

Ownership of common areas. The common areas and any facilities, amenities or infrastructure located thereon within any tract utilized for a planned residential development in the overlay zone ("common facilities") that are not accepted for dedication by the Township shall be conveyed to a corporation, association, or other legal entity having as its owners or members a majority of the property owners within the development [the "homeowners' association (HOA)"] for its use, control, management and maintenance. Any agreements providing for ownership, use, control, management or maintenance of the common facilities by the HOA shall be subject to review and approval by the Planning Board to ensure that adequate safeguards are included to guarantee that the HOA and/or individual unit owners are required to maintain, repair and/or replace (if necessary) the common facilities in perpetuity so as to protect the Township from liability for the common facilities. In any event, any such agreement shall give the Township the right to perform maintenance and assess the cost to the property owners in the event that the property owners fail to maintain the common facilities in accordance with the agreement pursuant to the requirements of N.J.S.A. 40:55D-43.

U.

Maintenance. It shall be the responsibility of the HOA and/or individual unit owners to maintain all off-street parking, loading and unloading areas, driveways, aisles and accessways in good condition, free of litter and refuse, potholes, cracked pavement, ice, snow or other seasonal hazards, etc. All lighting, bumpers, markings, signs, drainage and landscaping shall be similarly kept in workable, safe and good condition. If the HOA or any owner fails to undertake repairs, after proper notification by the Building Inspector, the Township Committee may authorize repairs to be made at the HOA's or the unit owner's expense (whichever is applicable) if, in the Committee's opinion, conditions constitute a hazard to the safety and welfare of the Township residents and visitors.

V.

Signage. The development may contain an entry sign at each access road. The sign at the primary entrance to the development may not exceed 32 square feet in area, and the sign at the secondary entrance to the development shall not exceed 25 square feet in size. Internal directional signage shall not exceed three square feet in size.

W.

Preliminary subdivision and site plan approval for PRD sections.

See preliminary plat requirements and procedures set forth in Part 2, Subdivisions and Site Plans, of this chapter. Site plans for multifamily and attached housing, recreation and commercial areas shall be submitted at a scale of no less than one inch equals 50 feet.

Detailed stormwater and soil erosion and sediment control plans for the entire project shall be submitted.

Changes in the location of roads, units, drainage basin(s) and other infrastructure may be required from the sketch plat if, in the opinion of the Planning Board, the detailed engineering for the project indicates that such changes are necessary.

X.

Final subdivision and site plan approval of PRD sections.

See final plat requirements and procedures set forth in Part 2, Subdivisions and Site Plans, of this chapter.

Site plans shall be submitted at a scale of no less than one inch equals 50 feet.

A detailed submission of the organizational documents and bylaws of the HOA shall be submitted to the Planning Board for its Attorney's review and approval.

Y.

Traffic impact study. Developers for all planned residential developments shall submit a thorough and detailed traffic engineering impact analysis to determine the adequacy of existing streets and intersections in the immediate vicinity of the PRD and the effect of the additional traffic on the environs and surrounding areas.

Z.

General development plan (GDP) study requirements. A developer may elect to seek approval for a GDP application with respect to a PRD in the overlay zone. In connection with a GDP application, the following requirements shall apply:

General development plan; duration.

The general development plan shall set forth the permitted number of dwelling units, the residential density and support facilities, in its entirety, according to a schedule which sets forth the timing of the various sections of the development. The planned development shall be developed in accordance with the general development plan approved by the Planning Board, notwithstanding any provision of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), or any ordinance or regulation adopted pursuant thereto after the effective date of the approval of the GDP.

The term of the general development plan approval shall be determined by the Planning Board using the guidelines set forth in this section, except that the term of the approval shall not exceed 20 years from the date upon which the developer receives final site plan or subdivision approval for the first section of the development. Upon the expiration of the initial term and for good cause, the Planning Board may grant extensions of the term up to the maximum term permitted by N.J.S.A. 40:55D-49.

In making its determination regarding the duration of the approval of the general development plan, the Planning Board shall consider the number of dwelling units, prevailing economic conditions, the timing schedule to be followed in completing the development and the likelihood of its fulfillment, the developer's capability of completing the proposed development and the contents of the general development plan and any conditions which the Planning Board attaches to the approval thereof.

Contents of general development plan applications. A general development plan application shall include such information as is reasonably necessary to disclose the following:

The location and size of the site and the nature of the landowner's interest in the land to be developed;

A general land use plan indicating the tract area and general locations of the land uses to be included in the development, the total amount of adult resident facilities to be provided and the density of the entire development;

A circulation plan showing the general location and types of transportation facilities (including facilities for pedestrian access) within the planned development, any proposed improvements to the existing transportation system outside the planned development, and a delineation of which streets are intended to be public and which are to be private;

An open space plan showing the proposed land area and general location of parks and any other land areas to be set aside for conservation and recreational purposes and a general description of improvements proposed to be made thereon, including a statement of the operation and maintenance of parks and recreational lands;

A utility plan indicating the need for and showing the proposed location of sewage and water lines, any drainage facilities necessitated by the physical characteristics of the site, proposed methods for handling solid waste disposal, and a plan for the operation and maintenance of proposed utilities;

A general stormwater management plan setting forth the proposed method of controlling and managing stormwater on the site;

A housing plan outlining the number of units to be provided;

A site service plan indicating those public services which the developer proposes to provide and which may include, but not be limited to, water, sewer, cable and solid waste disposal;

A community facility plan indicating the impact of the project on community facilities such as, but not limited to, cultural facilities, libraries, emergency medical, fire and police protection; and

A proposed timing schedule in the case of a planned development whose construction is contemplated over a period of years, including any terms or conditions which are intended to protect the interests of the public and of the residents who occupy any section of the planned development prior to the completion of the development in its entirety.

General development plan approval procedure.

A developer seeking approval of a planned development may submit a general development plan to the Planning Board prior to the granting of preliminary approval of the development or a section of the development by the Planning Board.

The Planning Board shall grant or deny the general development plan within 95 days after submission of a complete application to the administrative officer, or within such further time as may be consented to by the developer. Failure of the Planning Board to act within the period prescribed shall constitute general development plan approval of the planned development.

General development plan; timing schedule; modification. In the event that the developer seeks to modify the proposed timing schedule, such modification shall require the approval of the Planning Board. The Planning Board shall, in deciding whether or not to grant approval of the modification, take into consideration prevailing economic and market conditions, anticipated and actual needs for residential units and nonresidential space within the municipality and the region, and the availability and capacity of public facilities to accommodate the proposed development.

Modification of general development plan; requirement for hearing.

Except as provided hereunder, the developer shall be required to gain the prior approval of the Planning Board if, after approval of the general development plan, the developer wishes to make any variation in the location of land uses within the planned development or to increase the density of residential development or the floor area ratio of nonresidential development in any section of the planned development.

Any variation in the location of land uses or increase in density or floor area ratio proposed in reaction to a negative decision of or condition of development approval imposed by the Department of Environmental Protection pursuant to P.L. 1973, c. 185 (N.J.S.A. 13:19-1 et seq.), shall be approved by the Planning Board if the developer can demonstrate to the satisfaction of the Planning Board that the variation being proposed is a direct result of such determination by the Department of Environmental Protection.

AA.

Findings for planned developments. Prior to approval of any planned development, the Planning Board shall find as required by N.J.S.A. 40:55D-45 the following facts and conclusions:

That the departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning standards applicable to the planned development.

That the proposals for maintenance and conservation of the common open space are reliable and the amount, location and purpose of the common open space are adequate.

That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate.

That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.

In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.

BB.

Permanent deed restrictions.

In connection with its application for site plan or subdivision approval for the PRD, the developer of the age-restricted housing units shall submit to the Planning Board for review and approval a proposed form of the permanent deed restrictions for the total age-restricted section in the overlay zone and, in the deeds for each individual lot within the development that is subject to such age restrictions, methods of implementing the age restrictions.

Such permanent deed restrictions shall be filed prior to issuance of any building permit for any age-restricted dwelling in such development and shall incorporate the following:

In general, the age-restricted development shall provide residential units and support facilities for use by permanent residents 55 years of age or older, except that the following persons under the age of 55 years shall also be allowed as permanent residents:

A spouse or other member of a household under the age of 55 years who resides with another member of a household who is 55 years of age or over, including a person who is the child of a permitted occupant residing with such permitted occupant, provided the child is of the age of 19 years or over;

A surviving spouse, child or other family member of a deceased permissible occupant who was residing with the permissible occupant at the time of his/her death, provided that such person is 19 years of age or older;

In accordance with the Federal Fair Housing Act, Amendments of 1988, P.L. 100-430 (September 13, 1988), and any amendments thereto, up to 20% of the units may be occupied by one or more individuals if the oldest person occupying such unit is between 45 and 55 years old, provided that all other requirements of this section are met; and

One adult under 55 years of age (other than a spouse) will be admitted as a permanent resident if it is established and approved by the homeowners' association that the presence of such person is essential to the physical care of one or more of the adult occupants. If more than one adult under 55 years of age is necessary to care for the adult occupant, approval shall be required from the homeowners' association, and a copy of its decision shall be submitted to the Raritan Township Clerk.

The HOA shall be charged with enforcement of such age restrictions applicable to the land and structures (whether owned in fee or rented), pursuant to its bylaws, rules and regulations, in addition to the restrictions of record, which shall be approved by the Planning Board Attorney.

[Amended by Ord. No. 02-9; Ord. No. 06-31; Ord. No. 08-3]

Purpose. It is the purpose of this zone to provide areas suitable to the use of industry and related uses with controls necessary to ensure sound industrial development and when said uses can be adequately serviced by the sanitary sewer system, with appropriate controls to protect adjacent residential zones. Within this zone, no lot, structure or accessory structure shall be used in whole or in part unless it complies with Schedules I and II attached to this chapter, other applicable sections of this chapter and the following regulations.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Principal permitted uses.

[Amended by Ord. No. 10-8; Ord. No. 10-13; Ord. No. 12-5; 8-20-2019 by Ord. No. 19-19]

Manufacturing, processing, producing or fabricating operations which meet the performance standards contained in Article XX, provided that all operations and activities, except parking, are carried on within enclosed buildings and that there is no outside storage or outside repairs of materials and equipment.

Business and administrative offices and research facilities.

Any form of agriculture of horticulture, including commercial greenhouses as part of a farm.

Commercial indoor recreation facilities.

Primarily wholesale uses with limited retail sales.

Professional office, including surgical center (a facility where outpatients come for simple surgical procedures, including dialysis). Off-street parking shall be provided for such surgical center at the same rate as required for medical office use. An office building to be erected shall contain at least 16,000 square feet of gross floor area of which 50% or at least 8,000 square feet shall constitute the building footprint.

Child-care centers.

Solar or photovoltaic energy facility.

Permitted accessory uses.

Off-street parking, loading and unloading.

Signs and fences.

Facilities required for employees and visitors, such as cafeterias and recreational and medical facilities.

Other uses and structures customarily incidental to a principal permitted use.

Retail and wholesale sales and goods manufactured or produced on site, provided that the sales area does not exceed 15% of the gross manufacturing floor area

Conditional uses.

Public and private schools and day nurseries.

Public uses.

Essential services.

Farm stands.

Clubs, lodges and fraternal organizations.

Animal hospitals and kennels.

Buffer strips. All lots or parts of lots which are improved with a predominantly nonresidential use and whose side or rear lines are adjacent to a residential zone shall be screened from such residential zone by landscaped buffer strips or other such screening along said side or rear lines as may be approved by the Planning Board in accordance with § 296-177.[1]

Editor’s Note: Original § 16.28A.060, Planned Residential Development Requirements, added by Ord. No. 10-8 and amended by Ord. No. 10-13, which immediately followed this subsection, was repealed 8-20-2019 by Ord. No. 19-19.

Solar or photovoltaic standards. The following bulk requirements shall apply to solar or photovoltaic energy facilities where they are permitted uses:

[Added by Ord. No. 12-5]

Minimum lot size shall be 20 contiguous acres.

No more than 50% of the lot shall be covered by the solar or photovoltaic energy facility.

The following setbacks shall apply to ground-mounted systems:

Front yard: 100 feet.

Side yard: 100 feet, or not less than 200 feet where a lot abuts a residential district or use.

Rear yard: 75 feet, or not less than 150 feet where a lot abuts a residential district or use.

Maximum height of arrays and inverters: 10 feet.

Substations shall be set back a minimum of 150 feet from a property line. Any noise generated from the site must meet state noise requirements (less than 65 dB at the property lines) in compliance with the New Jersey Department of Environmental Protection Noise Code. An acoustical test shall be performed by a qualified acoustical engineer to verify that there are no negative acoustical impacts along any of the property lines, and the test results shall be submitted for review and approval by the Township Engineer prior to the issuance of a certificate of occupancy.

The applicant shall demonstrate, to the satisfaction of the approving Board, that the proposed screening at the time of planting provides a year-round visual screen of the facility from residential neighboring properties. Additional screening may be needed to meet this requirement and also address any negative impact seen from the first and second floor from residential neighboring properties, or the design and location of the solar or photovoltaic energy facility shall be revised to mitigate the visual impact upon the neighboring residential properties. If construction occurs during a non-planting season, the applicant shall demonstrate sufficient buffering exists for both the array field and construction staging area. At the discretion of the Board, a temporary screening may be required during construction to help mitigate any negative visual impact.

Neighboring residential properties shall be defined for this purpose as those properties within 200 feet from the property line of the subject site.

The proposal shall comply with the landscape buffer requirements in § 296-75, with the following exceptions:

Solar or photovoltaic energy facilities shall be considered an industrial use.

Where the solar or photovoltaic energy facilities abut a residential use or district, the buffer requirements and depths as set forth in Tables I and II in § 296-75E shall be doubled.

Where the solar or photovoltaic energy facilities abut a public use or zone, there is a minimum buffer requirement of 100 feet.

Substations and other associated transmission structures shall be screened with a double row of evergreen plantings with a minimum height of eight feet.

Existing hedgerows or vegetated windbreaks that provide screening of the subject site from neighboring properties shall be retained and augmented unless waived by the approving Board. Wooded areas may not be clear-cut to construct or install the solar or photovoltaic energy facility.

All landscaping, as installed, shall conform to and be in accordance with the plan approved and/or signed by the Board. The use of native landscape species is strongly encouraged.

Prior to the issuance of a permanent certificate of occupancy, completion or compliance (whichever is applicable) and prior to the release of any performance guarantee, the landscaping shall be installed and a two-year maintenance guarantee in the form approved by the Department of Community Affairs for bonds and in an amount acceptable to the Board landscape architectural expert shall be posted with the Township.

If the applicant applies for a certificate of occupancy during a non-planting season, the applicant may obtain a temporary certificate of occupancy without installation of the landscaping but if and only if the applicant posts a performance guarantee in the form approved by the Department of Community Affairs for bonds and in an amount acceptable to the Township Engineer guaranteeing installation of the landscaping during the next planting season and further guaranteeing the subsequent posting of a two-year maintenance guarantee.

The applicant shall have a continuing obligation to maintain all landscaping for its intended purpose (i.e., for screening if planted for buffering purposes or for aesthetics if planted for enhancement purposes), which shall include but not be limited to repairing and/or replanting to the satisfaction of the Township Department of Engineering, Planning and Zoning any and all landscaping that becomes damaged and/or dies. (This continuing maintenance obligation is in addition to, and notwithstanding, the fact that a maintenance guarantee may or may not be required in any particular application.)

In the event that Township Land Use Enforcement Officer determines that utilization of an outside expert (e.g., Board landscape architectural expert) is necessary to fulfill the intent of this subsection, all costs and expenses of such outside expert shall be reimbursed to the Township by the applicant.

Applicant shall submit an affidavit agreeing that any approval for the solar or photovoltaic energy facility shall be subject to site plan approval for any necessary new substations or modifications to existing substations.

[Amended by Ord. No. 02-9; Ord. No. 06-31; Ord. No. 08-3]

Purpose. It is the purpose of this zone to provide areas suitable to the use of industry and related uses with controls necessary to ensure sound industrial development and when said uses can be adequately serviced by the sanitary sewer system. Within this zone, no lot, structure or accessory structure shall be used in whole or in part unless it complies with Schedules I and II attached to this chapter, other applicable sections of this chapter and the following regulations.

Principal permitted uses.

Those uses permitted in the I-1 Zone.

Warehousing, wholesale and distribution facilities.

Trucking terminals.

Public parks and public recreational facilities and uses.

Hotels and motels.

Child-care centers.

Solar or photovoltaic energy facility.

[Added by Ord. No. 12-5]

Permitted accessory uses.

Off-street parking, loading and unloading.

Signs and fences.

Facilities required for employees and visitors, such as cafeterias and recreational and medical facilities.

Screened and fenced outdoor storage areas.

Other uses and structures customarily incidental to a principal permitted use.

Retail and wholesale sales of goods manufactured or produced on site, provided that the sales area does not exceed 15% of the gross manufacturing floor area.

Conditional uses.

Public and private schools and day nurseries.

Public uses.

Essential services.

Farm stands.

Clubs, lodges and fraternal organizations.

Animal hospitals and kennels.

Helistops.

Nursing homes.

Assisted living facilities.

[Added by Ord. No. 10-7]

Buffer strips. All lots or parts of lots which are improved with a predominantly nonresidential use and whose side or rear lines are adjacent to a residential zone shall be screened from such residential zone by landscaped buffer strips or other such screening along said side or rear lines as may be approved by the Planning Board in accordance with § 296-177.

Solar or photovoltaic standards. The following bulk requirements shall apply to solar or photovoltaic energy facilities where they are permitted uses:

[Added by Ord. No. 12-5]

Minimum lot size shall be 20 contiguous acres.

No more than 50% of the lot shall be covered by the renewable solar or photovoltaic energy facility.

The following setbacks shall apply to ground-mounted systems:

Front yard: 100 feet.

Side yard: 100 feet, or not less than 200 feet where a lot abuts a residential district or use.

Rear yard: 75 feet, or not less than 150 feet where a lot abuts a residential district or use.

Maximum height of arrays and inverters: 10 feet.

Substations shall be set back a minimum of 150 feet from a property line. Any noise generated from the site must meet state noise requirements (less than 65 dB at the property lines) in compliance with the New Jersey Department of Environmental Protection Noise Code. An acoustical test shall be performed by a qualified acoustical engineer to verify that there are no negative acoustical impacts along any of the property lines and the test results shall be submitted for review and approval by the Township Engineer prior to the issuance of a certificate of occupancy.

The applicant shall demonstrate, to the satisfaction of the approving Board, that the proposed screening at the time of planting provides a year-round visual screen of the facility from residential neighboring properties. Additional screening may be needed to meet this requirement and also address any negative impact seen from the first and second floor from residential neighboring properties, or the design and location of the solar or photovoltaic energy facility shall be revised to mitigate the visual impact upon the neighboring residential properties. If construction occurs during a non-planting season, the applicant shall demonstrate sufficient buffering exists for both the array field and construction staging area. At the discretion of the Board, a temporary screening may be required during construction to help mitigate any negative visual impact.

Neighboring residential properties shall be defined for this purpose as those properties within 200 feet from the property line of the subject site.

The proposal shall comply with the landscape buffer requirements in § 296-75, with the following exceptions:

Solar or photovoltaic energy facilities shall be considered an industrial use.

Where the solar or photovoltaic energy facilities abut a residential use or district, the buffer requirements and depths as set forth in Tables I and II in § 296-75E shall be doubled.

Where the solar or photovoltaic energy facilities abut a public use or zone, there is a minimum buffer requirement of 100 feet.

Substations and other associated transmission structures shall be screened with a double row of evergreen plantings with a minimum height of eight feet.

Existing hedgerows or vegetated windbreaks that provide screening of the subject site from neighboring properties shall be retained and augmented unless waived by the approving Board. Wooded areas may not be clear-cut to construct or install the solar or photovoltaic energy facility.

All landscaping, as installed, shall conform to and be in accordance with the plan approved and/or signed by the Board. The use of native landscape species is strongly encouraged.

Prior to the issuance of a permanent certificate of occupancy, completion or compliance (whichever is applicable) and prior to the release of any performance guarantee, the landscaping shall be installed and a two-year maintenance guarantee in the form approved by the Department of Community Affairs for bonds and in an amount acceptable to the Board landscape architectural expert shall be posted with the Township.

If the applicant applies for a certificate of occupancy during a non-planting season, the applicant may obtain a temporary certificate of occupancy without installation of the landscaping but if and only if the applicant posts a performance guarantee in the form approved by the Department of Community Affairs for bonds and in an amount acceptable to the Township Engineer guaranteeing installation of the landscaping during the next planting season and further guaranteeing the subsequent posting of a two-year maintenance guarantee.

The applicant shall have a continuing obligation to maintain all landscaping for its intended purpose (i.e., for screening if planted for buffering purposes or for aesthetics if planted for enhancement purposes), which shall include but not be limited to repairing and/or replanting to the satisfaction of the Township Department of Engineering, Planning and Zoning any and all landscaping that becomes damaged and/or dies. (This continuing maintenance obligation is in addition to, and notwithstanding, the fact that a maintenance guarantee may or may not be required in any particular application.)

In the event that Township Land Use Enforcement Officer determines that utilization of an outside expert (e.g., Board landscape architectural expert) is necessary to fulfill the intent of this subsection, all costs and expenses of such outside expert shall be reimbursed to the Township by the applicant.

Applicant shall submit an affidavit agreeing that any approval for the solar or photovoltaic energy facility shall be subject to site plan approval for any necessary new substations or modifications to existing substations.

[Added by Ord. No. 12-1; amended by Ord. No. 2017-13]

Created. There is created an RJR Raritan Junction Redevelopment District within the Township of Raritan in order to permit the development of a Raritan Junction Redevelopment Plan on the designated redevelopment area consisting of approximately 44.61 acres and identified as Block 16.02, Lot 41, on the Township Tax Map attached hereto as Exhibit B.[1] The property is currently designated as Block 16.02, Lots 41.01, 41.02, and 41.03, and Block 16.04, Lot 41.04.

Editor's Note: Exhibit B is on file at the Township Clerk's office.

Purpose. It is the purpose of this section to govern the creation of the development of a Raritan Junction Redevelopment Plan including a mixture of retail uses, residential multifamily uses that include units affordable to low- and moderate-income households, recreational uses and other permitted uses within a designated redevelopment area of the Township which is serviced by adequate public sanitary sewer and public water facilities.

Principal permitted uses.

Discount clubs and retail superstores.

Retail sales of goods and services.

Offices, including all types of offices.

Restaurants, excluding freestanding fast-food restaurants.

Banks.

Assisted living facilities.

Public uses (including amphitheaters and other civic facilities).

Indoor recreational facilities (including movie theaters).

Outdoor recreational facilities.

Child-care centers.

Multifamily residential with a set aside for low- and moderate-income rental units.

Permitted accessory uses.

Gasoline filling facilities, car washing facilities, vehicle servicing facilities, a pharmacy, a fast-food restaurant, and seasonal sales areas accessory to discount clubs or retail superstores.

Outdoor seating areas associated with a permitted restaurant.

Off-street parking, loading and unloading.

Signs, lighting and fences.

Landscaping features, including benches, gazebos and other such features customarily associated with the permitted principal uses, as the case may be.

Other uses and structures customarily incidental to a principal permitted use.

Recreational uses associated with the residential use, such as tot lots and playgrounds, walking paths, bike racks, etc.

Conditional uses.

Essential services (see § 296-151G).

Floor area and density requirements.

The maximum floor area ratio permitted for all nonresidential uses is 25% calculated on that land area devoted to the subject building or buildings.

The maximum permitted total units for multifamily housing within the district is 140 dwelling units of which 20% or 28 dwelling units shall be deed restricted so as to remain affordable to low- and moderate-income households.

The market-rate units shall be either efficiency units or one-bedroom or two-bedroom units only. There shall be no market-rate units with more than two bedrooms. The affordable units shall comply with the bedroom allocation requirements pursuant to N.J.A.C. 5:93-7.3(a).[2]

Editor's Note: N.J.A.C. 5:93 expired 10-16-2016.

The phasing of market-rate to affordable units during construction will meet the construction sequence schedule set forth in N.J.A.C. 5:93-5.6(d).[3]

Editor's Note: N.J.A.C. 5:93 expired 10-16-2016.

Each structure shall have a mix of market-rate and affordable units, intermixed throughout the building structure and floors. The exterior of the affordable units shall be visually similar in appearance to the market-rate units.

Open space and buffer requirements. The following open space and buffer requirements shall apply to all privately owned land areas proposed for nonresidential development, but shall not apply to any land areas dedicated to the Township or permitted multifamily development:

Open space buffers for nonresidential development shall be provided in accordance with the following dimensions:

A 100-foot open space buffer area shall be provided along the rear of any existing lot with frontage on Route 31.

A fifty-foot open space buffer shall be provided along the frontage of any county or Township road, except that along 10% of the lot's frontage along such road, the buffer can be reduced to 35 feet in order to accommodate site plan design needs and objectives if the density of screening within the buffer is increased to an equivalent degree, provided that such a reduction shall not be permitted where existing residential structures or institutional uses are located across the road.

Other than a roadway bisecting a permitted multifamily residential development, a twenty-five-foot open space buffer shall be provided from the edge of any access roadway into the property.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

A minimum twenty-foot open space buffer or open space area shall be provided between any improvements and structures on adjacent lots within the zoning district not separated by a roadway to allow for landscaping and green space as approved by the Planning Board, except that no buffer is required on or from lands dedicated to the Township of Raritan.

Comply with § 296-75F(2)(c).

Open space buffers for nonresidential development shall not be used for parking, loading, storage, or any activity or structure that is either part of or accessory to the proposed use, except that the open space buffers may contain utility lines, signage, lighting, vehicular access roadways or driveways, pedestrian and/or bicycle paths, benches, gazebos and street furniture as approved by the Planning Board, provided that:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

The proposed locations of such uses are necessary for their proper functioning, and such uses cross the buffer where feasible and necessary, rather than lie along the length of the buffer.

The total width of the buffer is maintained and existing trees are retained to the extent desirable and possible.

The buffer design standard provisions of § 296-75E shall apply within the buffer dimensions required in accordance with Subsection G(1) hereinabove and within any other additional buffer as may be required in accordance with § 296-75E.

Open space buffers for residential development shall be provided in accordance with the following dimensions:

A fifty-foot open space buffer shall be provided along the frontage of County Route 523(also known as Walter Foran Boulevard) and a thirty-five-foot front yard setback shall be provided along all other roads.

Where a multifamily residential lot contains frontage on three sides or more, the remaining yard shall be considered a side yard. The side yard setback shall be 35 feet.

A twenty-five-foot-wide buffer shall be provided along the common property line between the district permitted nonresidential development and the district permitted multifamily development.

The permitted multifamily development shall be subject to the buffer design standards outlined within § 296-75. The buffer required between the existing Costco and the residential uses shall be 37.5 feet.

Open space buffers for nonresidential development shall not be used for parking, loading, storage, or any activity or structure that is either part of or accessory to the proposed use, except that the open space buffers may contain utility lines, stormwater management facilities, signage, lighting, vehicular access roadways or driveways, pedestrian and/or bicycle paths, benches, gazebos and street furniture as approved by the Planning Board.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

A minimum of 4.5 acres of the total RJR Zoning District area shall be set aside and dedicated to the Township for public open space and public uses.

The open space requirement shall include some usable land area for passive and active recreation as well as improved on-site parking with access to Junction Road.

The general arrangement and configuration of the open space area shall be as illustrated on the November 11, 2011, Conceptual Site Plan Exhibit which was prepared by Menlo Engineering Associates.

Utilities.

All uses must be serviced by sanitary sewer and public water. Applicant shall submit evidence of sufficient sanitary sewer and potable water capacity, as per the municipal application checklist requirements, before application can be heard.

All new public utilities must be located underground.

Shared facilities. Shared facilities are permitted to enable their most logical and efficient locations within the RJR Zoning District, provided that cross-easement agreements are provided for review and approval by the Planning Board and the Township Attorney for shared vehicular access, pedestrian access, parking, stormwater management facilities, open spaces and any other shared facilities.

Parking.

Parking shall be provided in accordance with § 296-155.

Parking islands and landscaping shall meet existing Township standards. Handicapped parking spaces must be provided in accordance with State of New Jersey regulations.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Parking for the residential use must meet RSIS standards.

Building separation requirements.

All buildings on the same lot shall be separated by a minimum distance of 25 feet, provided that such separation is to be used solely for pedestrian circulation and/or landscaping. Tot lots and playground areas are allowed in these areas.

All buildings on the same lot shall be separated by a minimum distance of 35 feet where any part of such separation is to be used for parking or vehicular circulation; this will enable a twenty-foot-wide travelway and 7.5 feet on either side for landscaping.

Design guidelines.

The overall architectural design of the development shall be coordinated regarding color and scale and shall be compatible with the architecture of the adjacent Raritan Town Square development.

The signs in the development (both ground and wall signs) shall be coordinated in color and design and shall be consistent with the existing signage in the adjacent Raritan Town Square development. Directional signs shall be provided throughout the development to assist in the flow of traffic to the most efficient entry and exit point.

Lighting shall be kept to a minimum and shall follow the requirements in § 296-75G.

School bus pads that meet the standards of the Raritan Township public school districts need to be provided.

The Conceptual Site Plan Exhibit drawings provided are for concept purposes and not representative of all parts of this section.

Each structure shall have a mix of market-rate and affordable units, intermixed throughout the building structure and floors. The exterior of the affordable units shall be visually similar in appearance to the market-rate units.

Landscaping for the nonresidential development shall follow the requirements in § 296-75D.

Parking facilities shall be designed so that they are buffered from view from any public areas within the development and from the passersby on exterior roadways.

Loading, unloading and other building service areas shall be buffered from view from residential uses and shall be combined, where possible.

Uses shall be interconnected throughout the development and to adjacent sites in order to provide vehicular and pedestrian access among the various uses.

A discount club use shall have tank capacities for not more than 95,000 gallons of petroleum products.

All residential units shall be a maximum of three stories and to center of gable roof. Each building shall contain a maximum of 24 units.

All other design requirements within § 296-75 and Article XIV shall apply to any nonresidential development.

All other design requirements within Article XIV shall apply.

Hours of operation. All commercial uses shall be closed to the general public from 12:00 a.m. to 5:00 a.m. of every day.

Sequence of development.

The Raritan Junction Redevelopment Plan may be planned, submitted for site plan approval and/or constructed at one time or in a series of applications over time for different portions of the overall land area.

The application for the multifamily affordable housing component of the initial development shall be filed by the redeveloper on or before December 31, 2017.

All affordable units shall not be age restricted. No more than 50% of the affordable units may be available for moderate-income households. The remainder of the affordable units shall be affordable to low-income households.

Each individual applicant for tenancy in an affordable unit shall be reviewed by the applicant and the Township's Administrative Agent, presently Central Jersey Housing Resources Center, Inc. The applicant shall provide on a timely basis and upon request to the Township Planner and Administrative Agent all the information necessary for the Township to document affordable housing compliance. There will be a thirty-year deed restriction on the affordable housing units, which will restrict the use of the 28 units to affordable housing in accordance with the rules and regulation of the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq., and the substantive rules of the Council on Affordable Housing, if applicable, as amended and in effect. The form of this deed restriction shall be reviewed by the Raritan Township Special Affordable Housing Attorney for conformity with this section and will be recorded with the Hunterdon County Clerk prior to the start of construction.

[Added 7-16-2019 by Ord. No. 19-20]

Created. There is created an SJRR South Junction Road Redevelopment District within the Township of Raritan in order to permit the development of a designated redevelopment area consisting of approximately 7.7 acres and identified as Block 27, Lot 22, on the Township Tax Map pursuant to the South Junction Road Redevelopment Plan.

Purpose. It is the purpose of this section to govern the creation of affordable housing pursuant to the South Junction Road Redevelopment Plan in the SJRR South Junction Road Redevelopment District of the Township which is serviced by adequate public sanitary sewer and public water facilities.

Permitted uses. The following uses are permitted in the plan area. Uses not identified below are prohibited.

Principal permitted uses.

100% affordable housing development.

Two- and three-story townhouse units.

Multifamily dwelling units.

Combination of townhouse and multifamily units.

Area and bulk requirements. The following area and bulk requirements apply to the plan area:

Maximum dwelling units	100
Maximum number of dwellings per building	14
Minimum distance from building:
Front to building front	80 feet
Front to building side	50 feet
Side to building rear	30 feet
Side to building side	20 feet
Minimum distance from a wall containing a window to another wall containing a window	30 feet
Minimum building depth through the short axis	30 feet
Maximum building length through the long axis	180 feet
Maximum height - apartment building	3 stories (40 feet)
Maximum height - maintenance, community center and other building	2 stories (28 feet)
Building setback from the edge of paving or curbing	15 feet
Porches not exceeding 50 square feet in floor area setback in the yard between the front of the building and parking space	6 feet
Porches not exceeding 150 square feet in floor area setback in the yard between the front of the building and parking space	11 feet
Minimum parking requirements	As required by RSIS

Affordable housing requirements. Any affordable housing development within the plan area must meet state standards for affordable housing administration found in the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq.

Parking standards. Parking shall comply with the Residential Site Improvement Standards (RSIS), including but not limited to the minimum number of parking spaces to be provided, the size of parking spaces, drive aisle and/or parking aisle width, and any other parking and circulation requirements. In the event of any conflict between RSIS and the requirements of § 296-75 (Site plan design standards), RSIS shall govern.

Buffer requirements.

The perimeter buffer shall be a minimum width of 30 feet. Balcony, deck and patio encroachments shall be permitted within the perimeter buffer.

The minimum landscaped width shall be 20 feet and suitable for its function of site enhancement, screening, and control of climatic effects. The perimeter buffer shall meet the minimum standards of the Type B buffer in § 296-75E(4)(b)[2].

The landscape buffer design should retain existing vegetation which is of high quality and appropriate density.

Where existing vegetation is unsuitable, it shall be augmented or replaced by new plantings in accordance with a landscape plan submitted to and approved by the Planning Board.

Trash enclosures are permitted within any buffer and/or setback required by the plan.

Landscaping requirements. The landscaping requirements set forth here in this plan shall supersede any and all landscaping requirements in this chapter, including but not limited to the design standards in § 296-75. Landscaping must be provided to promote a desirable and cohesive natural environment for residents and neighboring properties. Landscaping must also be utilized to screen parking and provide windbreaks for winter winds and summer cooling for buildings, streets, and parking, according to the following standards:

All landscaping must have a two-year maintenance guarantee. If any planting material dies within two years of planting, it must be replaced the following planting season.

Tree and shrub replacement. A limit of disturbance line shall be established during the review of an application for development taking into account grading, utility placement, and anticipated construction activities. Within the area encompassed by the limit of disturbance, there shall be no requirement for the replacement of trees. Within the area to be disturbed by construction activities, the redeveloper shall liberally install trees, shrubs, and ground cover in accordance with a landscape plan submitted to and approved by the Planning Board.

Native plants required. In the design of the landscaping plan, no nonnative or invasive species of plants shall be used.

Landscaping should be used to accent and complement buildings and provide for climate control.

Landscaping. The protection of wooded areas, specimen trees, and existing vegetation suitable for landscaping within the redevelopment shall be a factor in determining the location of open space, buildings, underground services, paved areas, playgrounds and parking areas.

Mobility regulations. Thoroughfares are an important aspect of public space. Streets and their surrounding development form our primary sense of place. The design of the plan area plays a key role in forming this sense of place for the neighborhood and the nearby central business district.

Streets and automobile circulation.

The primary automobile access points should be from driveways on Walter E. Foran Boulevard.

Appropriate traffic control signs must be installed to ensure the safe flow of traffic into and through the redeveloped area.

New developments need to provide more to the traffic network than just access to their site.

Streets, roads, and automobile circulation shall comply with RSIS.

Sidewalks shall comply with RSIS.

Building design standards.

Building design should meet, to the maximum extent practicable, the requirements of § 296-75 (Site plan design standards). In the event of a conflict between § 296-75 and the plan, the plan shall control. The following subsections in § 296-75 (Site plan design standards) shall not apply to development of the plan area:

Subsection B(3)(b). Within the plan area, garden apartment structures should be grouped in clusters with architectural design consistence in each cluster. Each unit shall only be required to have one means of access. A minimum of two-foot building offset should be provided at least every 40 feet.

Subsection B(3)(c). Recreation facilities shall be set back at least 25 feet from the property line.

Subsection C(5)(h).

Subsection D(4)(o). This subsection is superseded by the landscape section in this plan.

Subsection E. This subsection is superseded by the buffer section in this plan.

Subsection F(2). The minimum size of a tot lot and/or playground shall be 1,500 square feet.

Subsection S(2).

Notwithstanding the above, a tot lot shall be provided which is of a size that is conducive to serving the projected number of children for the development.

Lighting. Lighting standards for the redevelopment plan are regulated by § 296-75G.

Signage. A comprehensive wayfinding and directional signage package for the parking areas, pedestrian corridors, and buildings should be provided that is consistent with the architecture of the buildings. The sign package should include design elements such as size, materials, style, and illumination. Signage standards for the redevelopment plan are regulated by § 296-75H, except that signs are permitted to have internal lighting on the sign.

Submittal requirements. The redeveloper(s) will submit a site plan for all or a portion of the plan area. The site plan approval process will occur as per the Township's site plan review requirements, except that:

The redeveloper(s) is exempt from the requirement to provide a wetlands analysis and report; and

The fire protection systems plan and will-serve letters shall not be required to be submitted for the preliminary site plan application but are required for the final site plan application.

[Added 9-3-2019 by Ord. No. 19-23]

Created. There is created a U.S. Bronze Redevelopment District within the Township of Raritan in order to permit the development of a designated redevelopment area identified as Block 40, Lots 4 and 5.01 on the Township Tax Map pursuant to the U.S. Bronze Redevelopment Plan.

[Amended 3-21-2023 by Ord. No. 23-5]

Purpose. It is the purpose of this section to govern the development pursuant to the U.S. Bronze Redevelopment Plan of the UBR U.S. Bronze Redevelopment District of the Township.

Permitted uses. The following uses are permitted in the plan area. Uses not identified below are prohibited.

Principal permitted uses.

Uses permitted in the I-1 Industrial and I-2 Industrial Zone Districts.

Warehouse and self-storage facilities.

[Amended 3-21-2023 by Ord. No. 23-5]

Industrial flex space.

[Added 3-21-2023 by Ord. No. 23-5[1]]

Editor's Note: This ordinance redesignated former Subsection C(1)(c) through (i) as Subsection C(1)(d) through (j).

Indoor recreation facilities.

Recreational training facilities.

Medical offices.

Banks and business and professional offices.

Restaurants.

Retail and service uses.

Theaters.

(k)

Assisted living and nursing homes.

[Added 3-21-2023 by Ord. No. 23-5]

(l)

Offices.

[Added 3-21-2023 by Ord. No. 23-5]

Accessory uses.

Off-street parking, loading and unloading.

Signs and fences.

Facilities required for employees and visitors, such as cafeterias and recreational and medical facilities.

Screened and fenced outdoor storage areas.

Green infrastructure.

[Added 3-21-2023 by Ord. No. 23-5[2]]

Editor's Note: This ordinance redesignated former Subsection C(2)(e) through (g) as Subsection C(2)(f) through (h).

Other uses and structures customarily incidental to a principal permitted use.

Retail and wholesale sales of goods manufactured or produced on site, provided that the sales area does not exceed 15% of the gross manufacturing floor area.

Public and private parking in association with a principal permitted use.

Electric vehicle service equipment (EVSE).

[Added 3-21-2023 by Ord. No. 23-5]

Preexisting approvals. Nothing in this redevelopment plan shall negate, invalidate, supersede or modify any preexisting approvals granted by the Planning Board or Zoning Board of Adjustment for any uses or structures within the plan area. Such uses and structures may remain and continue to be utilized under this redevelopment plan in accordance with the preexisting approvals.

Area and bulk requirements. The following area and bulk requirements apply to the plan area:

	Commercial	Industrial
Minimum lot area	100,000 square feet	5 acres (1)
Minimum lot width (inside)	250 feet	250 feet (1)
Minimum lot width (corner)	250 feet	250 feet (1)
Principal structure setbacks
Front	75 feet	100 feet (1)
Rear	50 feet	50 feet
Side (one)	20 feet	50 feet (1)
Side (both)	40 feet	100 feet (1)
Maximum height	2 1/2 stories or 35 feet (2)	4 stories or 60 feet
Maximum hard surface coverage	60%	60%
Floor area ratio	75%	100%

Notes:
(1)	For an industrial park, individual lots may have the following reduced standards: two acres minimum in lot area, 200 feet lot width, 35 feet one side yard, 85 feet combined side yards and 75 feet front yard. Lots shall front an internal road of the park.
(2)	For assisted living facilities, the maximum height is 3 1/2 stories or 50 feet.

Additional zoning regulations.

[Amended 3-21-2023 by Ord. No. 23-5]

Multiple principal uses are permitted on one lot.

Ingress and egress onto Voorhees Corner Road shall be for emergency use only. Access to or from Voorhees Corner Road shall be limited to an emergency access drive only. A berm and landscape buffer must be installed around the emergency access drive to buffer any development from Voorhees Corner Road. The landscape buffer shall at a minimum meet the standards of § 296-75E.

Accessory structures less than four feet in height in any be located in any required yard.

Township Performance Standards, Article XX, apply to any warehouse or industrial use.

Parking standards. The parking standards for this redevelopment plan will generally follow the use standards outlined in § 296-152 Off-street parking and loading. The following include general standards for parking areas within the redevelopment area:

[Amended 3-21-2023 by Ord. No. 23-5]

Minimum number of off-street parking stalls shall be one space per 1,902 square feet of building area.

Each off-street parking space shall be measured not less than nine feet by 18 feet, and parallel curb parking spaces shall be eight feet by 23 feet.

In areas which have head-on parking, other than 90°, the width of the space shall not be less than nine feet measured at right angles to the parking lines, and these lines shall extend to a point measuring 18 feet at right angles to the curb or edge of pavement.

Aisle widths. Aisles from which vehicles directly enter or leave parking spaces shall not be less than 25 feet wide for perpendicular parking, 18 feet wide for sixty-degree-angle parking, and 14 feet wide for thirty- and forty-five-degree-angle parking.

Parking areas shall be landscaped in accordance with the design standards for site plan review.

Markings and access. Parking spaces, driveways and aisles shall be clearly marked and delineated. For safety, firefighting purposes, and efficiency, direct through vehicular and pedestrian access for emergency services and for the general public between adjacent parking areas shall be provided.

Shared parking and other innovative parking arrangements shall be encouraged.

Electric vehicle (EV) charging stations. EV charging stations are required per state regulations (P.L. 2019, c. 362).

Loading. One loading space per 10,000 square feet of building area shall be provided within the plan area.

[Added 3-21-2023 by Ord. No. 23-5[3]]

Editor's Note: This ordinance redesignated former Subsections G through L as Subsections H through M.

Shared facilities. Shared facilities, including vehicular access, pedestrian access, parking, stormwater management and other facilities, are permitted to enable their most logical and efficient locations within the redevelopment area, subject to cross easements being provided for the review and approval of the Township Attorney.

Buffer requirements.

Any side or rear lot lines which are adjacent to a residential zone shall be screened from such residential zone by landscaped buffer strips or other such screening along said property line subject to the standards of § 296-75E.

[Added 3-21-2023 by Ord. No. 23-5]

No fences on any lot in any nonresidential district shall exceed a height of eight feet above ground level.

The finished side of a fence must face adjoining properties. Fence posts that are unfinished and any other structural component of the fence must be installed facing the subject property rather than the adjoining property.

Fences shall be architecturally coordinated with structures occupying the same lot and surroundings.

All fences and walls shall be within property lines. No fence or wall shall violate sight easement requirements or street rights-of-way, nor shall any fence obstruct any stream, drainageway or floodplain.

Landscaping requirements. Landscaping must be provided to promote a desirable and cohesive natural environment for patrons, employees, and passing motorists and recreators. Landscaping must also be utilized to screen parking and loading areas, providing windbreaks for winter winds and summer cooling for buildings, streets, and parking, according to the following standards:

[Amended 3-21-2023 by Ord. No. 23-5]

Landscaping shall be provided subject to § 296-75D, except that § 296-75D(4)(o) shall not apply. The minimum required parking lot landscaping shall be 5%, and one parking lot landscape island shall be provided for every 20 spaces.

All landscaping must have a two-year maintenance guarantee. If any planting material dies within two years of planting, it must be replaced the following planting season.

The existing sense and appearance of the semi-rural, natural scenic qualities of the Township should be encouraged in site development. Such techniques as clustering of trees and vegetation and retention of existing vegetation are encouraged as appropriate.

Landscaping should favor native species appropriate to the site.

Landscaping should be used to accent and complement buildings and provide for climate control.

Design standards. Building layout and design should meet, to the maximum extent practicable, the requirements of § 296-75 (Site plan design standards).

Lighting. Lighting standards of the redevelopment plan are regulated by § 296-75G.

Signage. A comprehensive wayfinding and directional signage package for the parking areas, pedestrian corridors, and buildings should be provided that is consistent with the architecture of the buildings. The sign package should include design elements such as size, materials, style, and illumination. Signage standards for the redevelopment plan are regulated by § 296-75H.

[Amended by Ord. No. 06-31; Ord. No. 08-3]

Purpose. It is the purpose of this zone to provide appropriately located areas for small professional office building use which can be compatible with adjacent residential uses. Within this zone, no lot, structure or accessory structure shall be used in whole or in part unless it complies with Schedules I and II attached to this chapter, other applicable sections of this chapter and the following regulations.

Principal permitted uses.

Professional offices or studios for the use of the practitioners of recognized professions, such as medical doctors, dentists, optometrists, chiropractors, accountants, opticians, lawyers, engineers, architects, and similar professional occupations.

Examination offices for veterinarians.

General business offices for real estate and insurance agencies and similar offices.

Offices of governmental and social service organizations and agencies.

Banking and financial offices.

Service uses of the following types: barbershops and beauty shops, tailoring and dressmaking, radio and television repair, and florists.

Clubs, lodges and fraternal organizations.

Child-care centers.

Permitted accessory uses.

Public and private parking.

Signs and fences.

Other uses and structures customarily incidental to a principal permitted use.

Apartments over shops and offices in accordance with Subsection F.

Conditional uses.

Public and private schools and day nurseries.

Public uses.

Essential services.

Houses of worship.

Day nurseries.

Buffer strips. All lots or parts of lots which are improved with a predominantly nonresidential use and whose side or rear lines are adjacent to a residential zone shall be screened from such residential zone by landscaped buffer strips or other such screening along said side or rear lines as may be approved by the Planning Board in accordance with § 296-177.

Apartment over shops and offices.

A building containing a permitted shop or office on the first floor may be constructed with a maximum of two apartment units on the second floor.

There shall be provided a lot area of 1,000 square feet in area for every apartment, in addition to the lot area requirements for the permitted nonresidential uses, for the applicable zone.

Each apartment shall be self-contained and shall have a gross floor area of at least 400 square feet.

Public sewer and water shall be required.

Entrances to apartments shall be from the rear of the building.

Parking for tenants shall be provided in the rear of the building.

[Amended by Ord. No. 02-9; Ord. No. 06-31; Ord. No. 08-3]

Purpose. It is the purpose of this zone to reserve appropriate areas for the use of large business and corporate offices and related uses when said uses can be adequately serviced by the sanitary sewer system. Within this zone, no lot, structure or accessory structure shall be used in whole or in part unless it complies with Schedules I and II attached to this chapter, other applicable sections of this chapter and the following regulations.

[Amended 8-15-2023 by Ord. No. 23-16]

Principal permitted uses.

Executive and administrative, general business and professional offices.

Scientific and research laboratories.

Commercial indoor recreation facilities.

Any form of agriculture or horticulture, including commercial greenhouses as part of a farm and the sale of farm products.

Motels and hotels.

(Reserved)[1]

Editor's Note: Former Subsection B(6) was repealed 8-15-2023 by Ord. No. 23-16.

Houses of worship.

Child-care centers.

Permitted accessory uses.

Off-street parking, loading and unloading.

Signs and fences.

Facilities required for employees and visitors, such as cafeterias and recreational and medical facilities.

Other uses and structures customarily incidental to a principal permitted use.

Restaurants within motels and hotels.

Conditional uses.

Public and private schools and day nurseries.

Public uses.

Essential services.

Farm stands.

Clubs, lodges and fraternal organizations.

Helistops.

Buffer strips. All lots or parts of lots which are improved with a predominantly nonresidential use and whose side or rear lines are adjacent to a residential zone shall be screened from such residential zone by landscaped buffer strips or other such screening along said side or rear lines as may be approved by the Planning Board in accordance with § 296-177.

Scientific and research laboratories. Any associated storage or warehousing of goods and products in connection with permitted scientific and research laboratories shall be limited to 30% of the total square footage of the building.

[Amended 8-15-2023 by Ord. No. 23-16]

[Amended by Ord. No. 06-31; Ord. No. 08-3]

Purpose. It is the purpose of this zone to define areas of the Township owned and used or intended to be used for public and institutional purposes by the Township, the county, the state, the federal government and by nonprofit institutions. Within this zone, no lot, structure or accessory structure shall be used in whole or in part unless it complies with Schedules I and II attached to this chapter, other applicable sections of this chapter and following regulations.

Principal permitted uses.

Governmental, public and institutional uses.

Public and private parks and play areas.

Nonprofit educational institutions.

Hospitals, sanitariums, medical or health centers, nursing homes or similar health facilities.

Institutions or homes for the aged.

Churches, convents, monasteries or similar religious institutions.

Child-care centers.

Offices for charitable and/or not-for-profit organizations.

[Added by Ord. No. 08-30]

Charitable and/or not-for-profit services.

[Added by Ord. No. 08-30]

Any form of agriculture or horticulture, excluding commercial greenhouses.

[Added by Ord. No. 08-30]

Farmers' markets.

[Added by Ord. No. 08-30]

Indoor storage of nonhazardous materials.

[Added by Ord. No. 08-30]

Permitted accessory uses.

Public and private parking.

Signs and fences.

Facilities required for employees and visitors, such as cafeterias and recreational and medical facilities.

Other uses and structures customarily incidental to a principal permitted use.

Conditional uses.

Public and private schools and day nurseries.

Essential services.

Helistops.

Buffer strips. All lots or parts of lots which are improved with a predominantly nonresidential use and whose side or rear lines are adjacent to a residential zone shall be screened from such residential zone by landscaped buffer strips or other such screening along said side or rear lines as may be approved by the Planning Board in accordance with § 296-177.

[Amended by Ord. No. 06-31; Ord. No. 08-3]

Purpose. It is the purpose of this zoning district to permit medical facilities and related activities with specified controls as set forth. Within this zoning district, no lot, structure or accessory structure shall be used in whole or in part unless it complies with the following regulations and other applicable sections of this chapter.

Principal permitted use. A licensed institution commonly known as a "medical center" providing primary and specialized health services and medical or surgical care to persons, inpatients and outpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as part of the institution, related facilities such as laboratories, outpatient facilities, training facilities, examination rooms for the use of practitioners of recognized health care professionals and administrative offices for hospital employees.

Concurrent principal permitted uses.

Day nurseries, child-care facilities, and geriatric facilities.

Residential units for doctors, nurses and other health care workers and hospital personnel.

Freestanding ambulatory and diagnostic treatment facilities.

Health care professional office building.

Child-care centers.

Permitted accessory uses.

Surface off-street parking; loading and unloading.

Multi-level parking structure.

Cafeteria and recreational facilities for employees and patients.

Gift shop.

Signs and fences.

Waste treatment facilities as an accessory use only for site-generated waste. No waste generated off site shall be brought on site for treatment.

Other uses and structures customarily incident to a principal permitted use, including cogeneration facilities.

Conditional uses.

Helistop.

Essential services.

Area and bulk standards.

Permitted uses shall be located on lots meeting the following requirements:

Size of Facility (number of beds)	Minimum Site Area (acres)
30 or fewer	5
31 to 50	10
51 to 100	12
Each additional 50	2

Such uses shall front on roads with a minimum pavement width of 30 feet. Hospitals shall front on a state or county highway.

The maximum height of principal structures shall be not more than 100 feet and the maximum height shall be not more than 40 feet for other permitted accessory structures.

Minimum front, rear and side yards for principal and accessory structures shall be 100 feet from Route 31 and all other properties except such may be not less than 75 feet from County Road 600. When located across from, abutting or adjacent to a residence or residential zone, the Planning Board may require additional setbacks and yards to provide adequate buffers and safeguards to protect adjacent uses from nuisance characteristics.

The maximum hard surface coverage in the H Hospital District shall be 40%.

Off-street parking shall be provided at rates set forth in § 296-155. Where in the opinion of the Municipal Agency a survey of off-street parking space utilization is necessary to determine the appropriate number of parking spaces accessory to permitted uses, the applicant submitting a request for site plan approval shall cause such survey to be conducted and the results of such survey shall be submitted to the Municipal Agency. Where the results of such survey demonstrate to the Municipal Agency a need for more off-street parking spaces than required by § 296-155, the Municipal Agency based upon such utilization survey may require more off-street parking spaces than would be required by the application of § 296-155.

Site plan approval required. Site plan approval by the Municipal Agency shall be required as set forth in Article VIII.