[Ord. 1976-21; Ord. 1980-54; Ord. 1981-13; Ord. 1982-16; Ord. 1998-6]
On December 16, 1971, the Planning Board of the Township of
East Windsor adopted the "East Windsor Township Master Plan", setting
forth a comprehensive plan for the development of the Township, on
June 11, 1979, the Planning Board of East Windsor Township adopted
a Master Plan Update in accordance with the Municipal Land Use Law
(P.L. 1975, c. 291).
This zoning chapter is based upon that comprehensive plan and,
in enacting it, the Township Council has taken into account the following:
20-1.1
The municipalities of the State are charged by the
New Jersey Constitution and by law with enacting such building and
land use regulations as will:
a.
Provide opportunity for the industrial expansion taking place within
the State.
b.
Provide opportunity for adequate, safe and sanitary housing accommodations
for all people at prices they can afford.
c.
Provide opportunity for the commercial, recreational, cultural and
other facilities which are vital to the proper functioning of a community.
d.
Provide an environment which is not only healthful but conducive
to happy living for the inhabitants of the community.
e.
Provide adequate light, air and open space.
f.
Secure safety from fire, flood, panic and other natural and man-made
disasters.
g.
Provide development which does not conflict with the development
and general welfare of neighboring municipalities, the county and
the State as a whole.
h.
Promote establishment of proper population densities and concentrations
that will contribute to the well-being of persons, neighborhoods,
communities and regions.
i.
Encourage the appropriate and efficient expenditure of public funds
by the coordination of public development with land use policies.
j.
Encourage the location and design of transportation routes which
will promote the free flow of traffic while discouraging location
of such facilities and routes which will result in congestion or blight.
k.
Promote a desirable visual environment through creative development
techniques and good civic design and arrangement.
l.
Promote the conservation of open space and valuable natural resources
and prevent urban sprawl and degradation of the land.
m.
Promote coordinated public and private activities shaping land development
which will lessen the cost of such development and use land more efficiently.
n.
Otherwise promote the general health, safety, morals and general
welfare not only of the individual community but of the region of
which the community forms a part and of the State.
20-1.2
The State of New Jersey, located in the urbanized
corridor that stretches between Boston, Massachusetts and Washington,
D.C., is among the most densely populated in the Union.
20-1.3
The growth of the State of New Jersey has created
extreme pressures upon the municipalities of the State in their endeavor
simultaneously:
a.
To enact such building and land regulations as will meet the constitutional,
statutory and judicial mandates hereinbefore set forth.
b.
To do so within the framework of a system of taxation that places
upon the owners of land the burden of an inordinate proportion of
the cost of both local and State mandated government services needed
in the State.
c.
To absorb the impact of the further pressures resulting from the
policy of the State and Federal governments to create and encourage
major regional transportation facilities, (primarily in the form of
superhighways), to link the various parts of the Washington-Boston
urban corridor.
20-1.4
The pressures on East Windsor are particularly acute
because:
a.
It lies midway between the New York and Philadelphia metropolitan
regions.
b.
Its location is ideal for industrial expansion.
c.
It has been divided and redivided by major regional roadways and
utility rights-of-way.
d.
It has, in the recent past, had a population growth greater than
that of any other municipality in the State.
e.
Its local real property tax rate is approaching an intolerable level.
20-1.5
At the present time East Windsor has the following
pertinent land use characteristics:
a.
Approximately 63% of the land in the Township is undeveloped or used
for agriculture.
b.
The bulk of this undeveloped or agricultural land is to the east
of the New Jersey Turnpike and to the south of Hightstown between
Route 33 and the New Jersey Turnpike.
c.
Land development has not occurred in a sequential order and land
has been developed when and where it has become available with little
attention to or regard for long-range goals.
d.
There has been a general lack of continuity of development in the
built-up areas. As a consequence, roads are incomplete, and large
and small parcels of land in random locations have been left undeveloped
throughout the Township.
e.
Land development has proceeded with little, if any, regard for water-courses
and the wasteful and deleterious effects of construction in their
flood plains.
f.
There is a definite lack of developed park land in close proximity
to residential concentrations.
g.
East Windsor is physically bisected by several major highways dividing
the Township into several definite geographic areas.
h.
Arterial and strip commercial development has been occurring along
the major highways, especially along Route 130. Although this type
of consumer exposure is considered desirable by the retailer, continued
commercial growth of, this nature will cause serious traffic hazards
as traffic volumes inevitably increase.
i.
New light industry has settled predominantly along Route 571 and,
secondarily, to the east of the New Jersey Turnpike. It is predominantly
industry that does not depend upon or look to rail traffic for movement
of goods and supplies.
j.
Residential development has occurred in the form of large scale subdivisions,
either as single family dwellings on one-half acre plots, or as garden
apartment developments, all located in random fashion throughout the
Township. Twin Rivers, a planned unit development, is a self-contained
residential community, offering predominantly town house residential
units. There are a substantial number of rural single-family residences
in widely scattered areas throughout the Township.
20-1.6
It is the purpose and objective of this chapter to
create a system of land use controls that, to the extent that it is
possible for a single municipality to do so, will be responsive to
the needs and pressures herein-before described. This chapter therefore
has the following goals:
a.
To recognize the land as a prime community resource that is both
finite and irreplaceable, and to take steps to protect the land from
poor development practices and to conserve appropriate lands for permanent
open space and actively seek practical methods for preserving farm
lands.
b.
To establish the Township as a socially balanced and viable community
by encouraging a full variety of housing types and a full range of
job opportunities.
c.
To recognize Hightstown as an integral part of the East Windsor community
although politically independent.
d.
To unify the Township through coordinated open space facilities and
service needs by channeling new growth to infill areas containing
infrastructure capacity so that it functions physically, socially
and economically as an integral community rather than as an assemblage
of large-scale developments.
e.
To encourage the Township's development as a subcenter of commercial
trade, serving local and area-wide needs.
f.
To encourage the improvement and expansion of job opportunities for
local and area residents.
g.
To encourage that type of development which does not produce an intolerable
tax burden on itself and other members of the community; this would
include not only industrial or commercial development, but higher
density residential as well.
h.
To review and evaluate all development regardless of type of location,
not only with regard to the physical character thereof, but in terms
of the objectives set forth in this article as well.
20-1.7
With these goals in mind, it is the intention of
this chapter:[1]
a.
To encourage appropriate industrial-office activities.
b.
To create a town center as a mixed use area permitting retailing,
services, municipal activities, cultural and recreation facilities
and residential and industrial uses.
c.
To permit and encourage automotive-oriented commercial service facilities
at the interchanges of regional auto transportation arteries.
d.
To permit a limited amount of highway-oriented strip commercial development,
but to minimize further proliferation of uses such as fast food restaurants
which intensify traffic congestion and adversely affect existing traffic
patterns on roads like U.S. 130 at peak traffic hours.
e.
To recognize the following residential categories:
f.
To preserve agricultural activities as part of the economic base
of the Township.
[1]
Editor's Note: Ordinance No. 1982-16 provisions were deleted
in view of a New Jersey Supreme Court decision which effectively invalidated
this ordinance.
[Ord. No. 2013-05; Ord. No. 2017-01; Ord.
No. 2018-10; Ord. No. 2018-11]
20-2.1
Official Map. The map entitled "Official
Map" East Windsor Township dated February 3, 1998, together with all
notations thereon, together with the revisions and amendments to said
map contained on a map entitled "Revisions of the Official Map, East
Windsor Township" dated November 23, 1982, are together adopted as
the official map of the Township, a copy of which is appended hereto
and made a part hereof by reference and is on file in the office of
the municipal clerk.
20-2.2
Zoning Map. The map entitled "East Windsor Township
Zoning Map," adopted July 28, 1976, together with all notations thereto
and with the revisions and amendments to said map up to and including
February 3, 2017, along with a "Supplemental Zoning Map" dated April
23, 2013, are adopted together as the "Zoning Map" of the Township
of East Windsor, with a copy of each map attached hereto and made
a part hereof by reference, and which are on file in the office of
the municipal clerk.[1]
a.
Amendments List:
1.
For informational purposes, the area of East Windsor Township to
be rezoned into the new "CR" Corridor Revitalization zoning district
includes approximately 138.2 acres of developable land along the Route
33 corridor between Route 130 and Hightstown Borough, with approximately
94.6 developable acres currently zoned "HC" Highway Commercial and
approximately 43.6 acres currently zones "I-O" Industrial Office.
2.
The map entitled "Zoning Map, East Windsor Township, Mercer County,
NJ," last dated February 3, 2017, is revised to add a new R-M2 Residential
Multifamily 2 District, which shall comprise the parcel designated
as Block 11.01, Lot 5 on the Township Tax Maps, to amend the boundaries
of the R-O Research Office District by removing the parcel designated
as Block 11.01, Lot 5 on the Township Tax Maps.
[Ord. No. 2018-10]
3.
The map entitled "Zoning Map, East Windsor Township, Mercer County,
NJ," last dated February 3, 2017, is revised to add a new overlay
zoning district, R-M AH Residential Multifamily Affordable Housing
District, which shall comprise the parcel designated as Block 5, Lot
2.02 on the Township Tax Maps.
4.
The
following properties as designated on the Township of East Windsor
Tax Maps, currently located in the HC Highway Commercial Zone, are
to be rezoned to the HC-2 Highway Commercial 2 Zone District. The
remaining properties currently in the HC Highway Commercial Zone not
listed below shall remain in the HC Zone:
[Added 5-5-2020 by Ord.
No. 2020-03]
|
Properties to be rezoned to the HC-2 Highway Commercial 2 Zone
are as follows:
|
|
Block
|
Lots
|
|---|---|
|
46.00
|
1, 2, 3
|
|
50.00
|
1, 2, 3, 4, 5, 6 (the portion currently zoned HC), 6.01, 7,
7.01
|
|
50.01
|
1
|
|
50.02
|
1
|
|
50.03
|
1
|
|
53.04
|
10, 11, 12.02, 13.02, 13.03, 14, 15, 16, 16.01, 17, 17.01, 18
|
|
56.00
|
1, 2, 3, 8, 9, 17, 38, 41
|
|
58.00
|
11, 11.01, 12, 13.01, 14.02, 15
|
|
58.12
|
17, 21 (the portion currently zoned HC), 22, 23, 24, 27, 43.01,
45
|
|
63.01
|
12, 13, 14, 16.01
|
[1]
Editor's Note: The Zoning Map may be found as an attachment
to this chapter, and the Supplemental Zoning Map is on file in the
office of the Municipal Clerk. The full color Zoning Map is published
with the online Township Code.
[Ord. 1976-21; Ord. 1977-2;Ord. 1977-15; Ord. 1978-39; Ord. 1980-54; Ord. 1981-13; Ord. 1989-4; Ord. 1990-23; Ord. 1994-25; Ord. 1998-13; Ord. 2017-01]
Unless the context otherwise indicates, the following definitions
shall be used in the interpretation and construction of this ordinance.
Words used in the present tense include the future tense; words in
the singular number shall include the plural, and the plural the singular;
the word "building" shall include the word "structure"; and the word
"lot" includes the words "plot" and "parcel"; the word "occupied"
includes the words "designed or intended to be occupied"; the word
"used" shall include the words "arranged, leased or intended to be
used"; and the word "shall" is mandatory and not discretionary.
Whenever any standard or requirement is stated as part of a
definition in this section, it shall be deemed to apply to any usage
of the word or concept it defines as it appears in any other section
of this ordinance.
A subdivision of a subparagraph, designated by an Arabic
number.
A subdivision of a subsection, designated by a decimal number.
Reference to a paragraph shall include all subparagraphs and items
thereof.
A major subdivision of this chapter designated by a whole
number. Reference to a section shall include all subsections, paragraphs,
subparagraphs and items thereof.
A division of a paragraph, designated by a letter of the
alphabet. Reference to a subparagraph shall include all items thereof.
A subsection of a section designated by a decimal number.
Reference to a subsection shall include all paragraphs, subparagraphs
and items thereof.
Certain words and phrases used in the chapter are defined as
follows:
A structure or use which:
Is subordinate to and serves a principal building or a principal
use.
Is subordinate in area, extent or purpose to the principal building
or principal use served.
Contributes to the comfort, convenience or necessity of occupants,
business or industry in the principal building or principal use served.
Is located on the same lot as the principal building or principal
use served.
A single vehicular entrance-exit combination between a public
street and a lot.
A change or rearrangement of the structural parts or existing
facilities of a building, or any enlargement or relocation of a building.
A place where animals or pets are given medical or surgical
treatment. Use as a kennel shall only be for short-term boarding and
shall be accessory to such hospital use.
Any building, structure or premises in which animals are
kept, boarded or trained.
LOT AREAThe gross land area of a lot within the property lines; expressed in square feet.
BUILDING AREAThe ground area covered by the structure or structures, including malls where covered.
DEVELOPMENT AREAThe gross land area within the property lines of a development.
GROSS FLOOR AREAThe total floor area of all buildings in the project, including basements, mezzanines, and upper floors.
GROSS LEASABLE AREAThe total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, if any; expressed in square feet and measured from the center line of interior partitions and from the inside face of exterior walls.
A building where objects of art, furniture and other goods
are offered for sale to persons who bid on each item in competition
with each other. Open air auctions, such as vehicle auctions, are
not included in this definition.
A structure and surrounding land used for the storage and
sale of petroleum fuel primarily to motor vehicles and for accessory
uses such as the sale of lubricants, accessories or supplies and the
performing of non-body repairs.
A portion of a building having one-half or more, but less
than all, of its floor-to-ceiling height above the average level of
the adjoining ground. A basement shall be a story if used for business
or dwelling purposes.
An enclosed structure having a roof supported by arches,
column, piers or walls. This term shall include all structures, whether
they may have wheels or other supports, which are used primarily in
a stationary manner within the Township.
The vertical distance measured from the average finished
grade at all foundation corners of the building or structure, or at
not less than ten equidistant points in the case of a circular structure,
to the highest point of the building excluding the chimney or any
superstructure above the roof such as stair or elevator bulkheads,
water towers, etc.
The person or persons duly appointed to discharge the duties
and functions of the office of the building subcode official of the
Township.
A line formed by the intersection of the finished grade and
a vertical plane that coincides with the exterior surface of the building
on any side. In case of a cantilevered or projected section of a building,
the vertical plane will coincide with the most projected surface.
A roofed structure providing space for the parking of motor
vehicles and enclosed on not more than three sides.
A portion of a building having more than one-half of its
floor-to-ceiling height below the average level of the adjoining ground.
No cellar or portion thereof shall be used as a dwelling unit or for
business purposes other than for storage. If a cellar is used for
storage, it shall be a story.
Antennas which are used for the transmission and reception
of wave frequencies for the purposes of any wireless telecommunication
(e.g., telephone, radio, paging and/or television communication) and
which are permitted as "conditional uses" in accordance with the specific
zoning conditions and standards for their location and operation included
within this chapter. For the purposes of this chapter, "cellular antennas"
shall not be considered to be a "public utility."
See the definition of "permit, occupancy."
A parcel of land or an area of water or a combination of
land or water within a development, designed and intended for the
use or enjoyment of such development. Common open space shall not
include parking areas or accessways thereto but may include such complementary
structures including required landscaping buffers and improvements
as are necessary and appropriate for the enjoyment of residents, users,
and owners of the development.
Any land used or to be used by the East Windsor Regional
School District or any municipal utilities authority or any agency
providing municipal utilities shall not be considered part of common
open space.
Means a use permitted in a particular zoning district only
upon a showing that such use in a specified location will comply with
the conditions and standards for the location or operation of such
use as contained in the zoning ordinance, and upon the issuance of
an authorization therefor by the Planning Board.
Lots or groups of lots which are under common ownership or
control, having a common boundary and not separated by any other lots
or any street other than a local or collector street.
Any area bounded on three sides by one or more structures.
BUILDING COVERAGEThe ratio of the building area to the lot or development area.
IMPROVEMENT COVERAGEThe ratio of the aggregate gross area of all impermeable surfaces to the lot or development area. Impermeable surfaces are those surfaces which do not absorb surface water directly into the underlying earth, including, but not limited to roof surfaces, parking lots, streets, walkways and plazas.
|
Decks shall not be considered in the calculation of improvement
coverage if they allow for the passage of rainwater through the deck
to pervious surfaces beneath.
|
The end of a street which has been improved in conformance
with the technical standards ordinance. The end of any street which
has not been so improved shall not be a cul-de-sac for purposes of
measuring lot requirements pursuant to this ordinance.
GROSS DENSITYThe ratio of the aggregate number of dwelling units to the lot or development area.
DWELLING NET DENSITYThe ratio of the aggregate number of units to the portion of the lot or development area used exclusively for the dwelling units.
An area of land owned or controlled by one landowner or a
group of landowners to be developed as a whole by a single entity.
PLANNED DEVELOPMENTAn area of land owned or controlled by one landowner or a group of landowners to be developed as a whole by a single entity for a number of dwelling units together with a neighborhood center and common open space as well as industrial and commercial facilities.
RESIDENTIAL CLUSTER DEVELOPMENTAn area of land owned or controlled by one landowner or group of landowners to be developed as a whole by a single entity for a number of dwelling units.
MULTIFAMILY DWELLING DEVELOPMENTAn area of land owned or controlled by one landowner or a group of landowners to be developed as a whole by a single entity for a number of dwelling units exclusively in multifamily dwellings, together with common open space.
INDUSTRIAL-OFFICE PARK DEVELOPMENTAn area of land owned or controlled by one landowner or a group of landowners, to be developed as a whole by a single entity for a number of industrial or office buildings, together with common open space.
Any permanent building or portion thereof designed or used
exclusively as the residence or sleeping place of one or more persons.
DWELLING, DETACHEDA building containing one dwelling unit and completely surrounded by open space.
DWELLING, MULTIFAMILYA building containing two or more dwelling units.
DWELLING, MOBILE HOMEA detached residential structure containing one complete dwelling unit having a width of not less than ten feet and a length of not less than 40 feet designed for transportation, after fabrication, on streets or highways on its own wheels or on flatbed or other trailers. Any dwelling unit not meeting the minimum dimensional requirements hereof is a recreational vehicle as defined in this section.
DWELLING, SEMI-DETACHEDA building containing two single family dwelling units which are attached along a common party wall.
DWELLING, ATTACHEDA dwelling unit in a multi-family dwelling containing three or more dwelling units, which dwelling unit extending from the ground to the roof with individual outside access and no interior rooms or hallways shared with other dwelling units.
DWELLING, STACKED ATTACHEDA dwelling unit in a multifamily dwelling containing three or more dwelling units separated vertically as well as horizontally with each unit having its own private entrance.
[Ord. No. 2017-01 § 1]
One or more rooms, occupied or intended for occupancy as
separate living quarters by one family or household with access directly
from the outside or from a common hall with separate cooking, sleeping
and sanitary facilities provided within the unit for the exclusive
use of the occupants thereof.
Any number of persons related by blood, marriage or living
together as a single housekeeping unit and using certain rooms and
housekeeping facilities in common.
An area of land actively devoted to agricultural or horticultural
uses or the ownership, care, breeding or raising of animals. Farm
activity shall be deemed to include on-site residence for farm owners
and employees.
The floor area ratio of the building or other structure on
any lot or development is determined by dividing the gross floor area
of such a building or structure by the area of the lot or development
on which such building or structure is located. When more than one
building or structure is located on the lot or development then the
floor area ratio is determined by dividing the total gross floor area
of all buildings or structures by the area of all buildings or structures
by the area of the lot or development. The floor area ratio requirements,
as set forth under each district, shall determine the maximum gross
floor area allowable for buildings and other structures in direct
ratio to the gross area of the lot of development.
A building or structure used for the storage of one or more
vehicles. If maintained primarily for the convenience of the resident
occupant of the premises and no service is rendered to the public
or business conducted therein, it is a private garage. Any garage
other than a private garage is a public garage.
The completed surfaces of lawns, landscaped areas, driveways,
walks and roads.
A building or group of buildings whether detached or in connected
units used as individual sleeping accommodations for transients and
having access through a common lobby or corridors.
Any person may utilize his home for any lawful activity providing
that:
No nonresident is employed in the home; and
There is no external display of goods or any outdoor activity
except as permitted in this paragraph, or advertising on the premises
other than an identification sign not to exceed two square feet.
Any advertising shall list only the telephone number and not
the street address of the home.
Such use does not occupy more than 25% of the gross floor area
of the home, including the garage area; and
No noise shall be audible to adjacent property owners to interfere
with the quiet enjoyment of their property; and
Such use of the home shall not adversely affect adjacent property
owners or interfere with their quiet enjoyment of their properties
by causing air pollution, including noxious odors, or water pollution;
and
In case of babysitter services or small nurseries operating
under this section, outdoor activities for children shall be limited
to one hour in the morning and one hour in the afternoon.
A group of persons related by blood, marriage or otherwise
living together as a single housekeeping unit and using certain rooms
and housekeeping facilities in common.
An area, lot or parcel used for the storage, sale or abandonment
of junk, including scrap metal and other materials, or for the dismantling,
demolition or abandonment of any nonoperable mechanical equipment,
machinery, or unregistered vehicles, or parts thereof. A junk yard
shall not include the storage, for processing or use, of discarded
or salvaged materials as part of a permitted manufacturing operation
on the same premises.
The legal or beneficial owner of land including the holder
of an option or contract to purchase or other person having an enforceable
proprietary interest in such land.
An area of land restricted to landscape elements which may
include lawns, plantings, natural features, sculpture, lighting and
pedestrian parks, but not including motor vehicles or driveways, extending
along the side and rear lot lines. The width of a landscape buffer
shall be measured at right angles to the lot line.
A strip of land restricted to landscape elements which may
include lawns, plantings, natural features, sculpture, signs, lighting,
and pedestrian and bicycle pathways, but not including vehicle parking,
extending along the entire frontage of the lot. The width of a landscape
strip shall be measured at right angles to and beginning from the
front lot line.
The total area within the lot lines of the lots, excluding
street right-of-ways. On individual building lots, the minimum lot
area requirements of this chapter shall be met on land which lies
outside identified wetlands and flood hazard areas.
A piece or parcel of land occupied or intended to be occupied
by one building and the accessory buildings or uses customarily incidental
to it or by more than one building when permitted by this chapter,
together with the open spaces required by this ordinance, and having
frontage on an improved street. The aggregate of all lots or parts
of lots shown on a map filed with the Mercer County clerk or shown
on the tax map of the Township and used for a single building or development
shall be deemed to be one lot for purposes of this chapter.
LOT, CORNER: A lot at the junction of, and abutting on, two
or more intersecting streets, where the interior angle of intersection
does not exceed 135 degrees. A lot abutting a curved street shall
be deemed to be a corner lot if the tangents to the curve at the points
of intersection of the side lot lines with the street lines intersect
at an interior angle of less than 135 degrees. Corner lots shall be
deemed to have two front yards but such lot shall be deemed to have
at least one side yard. An applicant may, subject to the approval
of the zoning officer, designate one yard as a side yard for purposes
of complying with any provision of this ordinance.
LOT, INTERIORA lot other than a corner, with only one front lot line.
LOT, THROUGHA lot other than a corner lot which extends from one street to another.
The general average of the distance from the front lot line
to its opposite rear line, measured in the general direction of the
side lines of the lot.
The distance between the side lot lines measured along the
street line. The minimum lot frontage shall be the same as the lot
width, except that on curved alignments with an outside radius of
less than 500 feet, the minimum lot frontage shall not be less than
50% of the required minimum lot width.
A line forming the boundary of a lot.
LOT LINE, FRONTSee Street Line.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
The distance between the side lines measured parallel to
the front lot line at the minimum front yard setback line.
A building or group of buildings, not including mobile homes
or recreational vehicles, whether detached or in connected units,
used as individual sleeping accommodations for transients and having
access directly to the outside and not through a common lobby or corridor.
A facility serving truck and delivery vehicles as a fulfillment
center, cross-dock terminal or shipping depot.
[Added 6-16-2020 by Ord.
No. 2020-08]
Any structure or use lawfully in existence before the effective
date of this chapter which does not conform to regulations of this
chapter for the district in which it is located.
An institution for the care of children or the aged or infirm,
or a place of rest for those suffering bodily disorders, but not including
facilities for surgical care or institutions for the care and treatment
of mental illness, alcoholism, or narcotics addiction.
An open area used for the temporary storage of automobiles
and other vehicles for the private use solely by the occupants of
the use to which the parking is accessory. Parking in nonresidential
zones need not be on the same lot as the principal building if permitted
in a site plan approval pursuant to Subsection 20-5.3.4 of this ordinance.[1]
Any open area other than a street or other public way used
for the temporary storage of automobiles and other vehicles and available
to the public whether for a fee, or without compensation, or as an
accommodation for clients, customers, or employees. Parking in nonresidential
zones need not be in the same lot as the principal building if permitted
in a site plan approval pursuant to Subsection 20-5.3.4 of this ordinance.
An off-street space available for the parking of a motor
vehicle.
A detached dwelling on one lot or within a lot held in common
ownership having as a major design feature a visually private outdoor
living space called a patio, contiguous to and structurally contained
by that dwelling unit.
An area of land designed and used as a permanent passageway
for pedestrians and nonmotorized bicycles and other nonmotorized vehicles.
A permit issued by the building subcode official acting pursuant
to the construction code.
No permit shall be issued unless and until the applicant
has complied with all requirements of the Township Zoning, Subdivision
and Technical Standards Ordinances.
Certificate of occupancy: A certificate issued by the building
subcode official which permits use of the building in accordance with
approved plans and specifications and which certifies compliance with
provisions of law for the use and occupancy of the building together
with any special stipulations or conditions as attached thereto, including
the requirements of escrow deposits to insure full compliance with
Township regulations and specifications.
No permit shall be issued unless and until the applicant
has complied with all requirements of the Township Zoning and Subdivision
Ordinances.
A permit issued by the zoning officer, prior to issuance
of a building permit certifying that the proposed building or alteration
or use of land meets all requirements of this ordinance.
Any association, partnership, corporation, cooperative group,
trust or other entity as well as an individual.
The main use of land or building as distinguished from an
accessory use.
A building that is used or designed to be used for the principal
use on the lot.
The following uses operated by any public utility authorized
to do business in New Jersey; bus garages; gas utility service substations;
railroad right-of-way and industrial spur tracks; microwave relay
towners; sewerage treatment plants; water filtration plants; water
reservoirs.
The following uses operated by any public utility authorized
to do business in New Jersey: electric and telephone substations and
distributional centers; gas regulator and meter stations; pumping
stations.
Boats and boat trailers, travel trailers, pick-up campers
or coaches (designed to be mounted on automotive vehicles), motorized
dwellings, tent trailers, and the like, and cases or boxes used for
transporting recreational equipment, whether occupied by such equipment
or not.
Any establishment, however designed, at which food is sold
for consumption within the principal structure. The term restaurant
shall not include the term drive-in restaurant.
[Amended 6-16-2020 by Ord. No. 2020-08]
An accessory activity wherein a restaurant establishment
provides for pickup of food prepared by the establishment, to the
curbside or parking area on-site at the establishment.
[Added 6-16-2020 by Ord.
No. 2020-08]
An establishment where patrons are served food, soft drinks,
ice cream and similar confections primarily for consumption other
than in the principal structure.
A restaurant which:
Is primarily designed for over-the-counter sale of ready to
eat foods and beverages in disposable containers from a limited, standardized
menu. The food so served is intended for immediate consumption by
the purchaser; or
Sells food through a drive-through service window; or
Does not have waiter/waitress service at dining tables.
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Retail food stores selling foods in bulk primarily for preparation
or consumption off the premises, such as delicatessens, bakeries,
or dairy stores, shall not be deemed to be fast food restaurants simply
because of incidental sales of individual portions for immediate consumption.
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A structure designed for the separation of varying ground
levels.
A structure having three or more enclosed sides intended
for the sale of farm product or nursery material, a majority of which
is grown or raised on the premises.
Any public or private institution offering instruction for
students up to and/or through the secondary level.
A training institution operated on a profit or nonprofit
basis offering instruction in stenographic, secretarial, accounting,
data processing, and related skills associated with the conduct of
a commercial, business or administrative office.
A training institution operated on a profit or nonprofit
basis offering instruction and/or experience training to students,
journeymen, apprentices or comparable categories of persons in the
operation of industrial, construction, or electronics machinery or
equipment, construction, trades or similar skills.
Any device (whether or not permanent, mobile or portable),
structure, or object that provides visual communication to others,
including billboards. The word sign shall not include:
Signs not exceeding one square foot in area and bearing only
property numbers, post box numbers, names of occupants, or other identification
of premises not having commercial connotations.
Flags, signs, and insignia of any government, public, semipublic,
civic, political, charitable or religious groups, except when displayed
in connection with any commercial promotion.
Legal notices, identification, informational or directional
signs erected or required by governmental bodies.
Integral decorative or architectural features of buildings except
letters, trademarks, moving parts, or moving lights.
That portion of a building, included between the surface
of any floor and the surface of the floor next above it, and if there
be no floor above it, then the space between the floor and the ceiling
next above it.
A partial story under a gable, hip or gambrel roof, the wall
plates of which on at least two opposite exterior walls are not more
than four feet above the floor of such story.
Any approved and improved travelled way which is an existing
State, county or local municipal roadway, or a street or way shown
upon a plat heretofore or hereafter approved pursuant to law or approval
by official action, or a street or way on a plat filed and recorded
in the office of the county recording officer prior to the appointment
of a Planning Board and the grant to such board of the power to review
plats, and includes the lands between the street lines whether improved
or unimproved, and may comprise pavement, shoulders, gutters, sidewalks,
parking areas and other areas within the street lines. For purposes
of this chapter, streets shall be classified as expressways, arterial
streets or roads, collector streets or roads, or local streets or
roads, such classification to be determined by the Planning Board.
The dividing line between a lot and the street right-of-way,
at the end of any street, except a cul-de-sac approved in accordance
with the Technical Standards Ordinance, frontage shall be measured
parallel to the street line or any extension thereof.
Anything built, constructed or erected with a fixed location
on or below ground or attached to something having a fixed location
on the ground including, but not limited to, buildings, radio and
television towers and antennae, utility poles and towers, fences,
signs, swimming pools and shelters, but excluding walks, walkways,
parking areas, driveways, streets and roads.
Any structure designed for swimming or wading having a depth
greater than two feet and a length or diameter greater than ten feet.
The first residentially zoned lot (or lots in common ownership)
having a side yard adjoining the side line of a lot in a Highway Commercial
or Neighborhood Commercial zone fronting on the same street, and extending
into the residential zone no more than two times the minimum lot frontage
of the residential zone in which the lot is located.
Any purpose for which land or a building is designed, arranged,
intended or for which it is or may be occupied or maintained.
An open space which lies between a principal or accessory
building or buildings and the nearest landscape buffer, where a landscape
buffer is required, or the nearest lot line where no landscape buffer
is required and which is unoccupied and unobstructed from the ground
upwards.
YARD, FRONTA yard extending the full width of the lot between a principal building and the front lot line. The depth of the front yard shall be measured at right angles to the front lot line. On a corner lot, each yard abutting a front lot line shall be a front yard.
YARDS, REARA yard extending across the full width of the lot and lying between the rear line of the lot or the landscape buffer if required, and the nearest line of the principal or accessory building. The depth of a rear yard shall be measured at right angles to the rear lot line to a point in the rear building line nearest to the rear lot line or landscape buffer if required.
YARD, SIDEA yard lying between the side line of the lot or landscape buffer if required and the nearest line of the principal or accessory building extending from the front yard to the rear yard. The width of a side yard shall be measured at right angles to the side line of the lot.
A detached dwelling on one lot or within a lot held in common
ownership. One wall of the dwelling can be located on a side property
line. Side, rear or front yards may be enclosed by walls or form visually
private outdoor spaces or yards. An easement for maintenance of the
adjoining lot is one of the requirements of this type of construction.
Windows on the lot line side of the dwelling are prohibited.
[Ord. 1976-21; Ord. 1977-15;Ord. 1981-13; Ord. 1982-28; Ord. 1983-3; Ord. 1983-8; Ord. 1983-17; Ord. 1989-4; Ord. 1989-13; Ord. 1991-9; Ord. 1992-35; Ord. 1994-25; Ord. 1994-42; Ord. 1995-18; Ord. 1995-19; Ord. 1996-21; Ord. 97-11; Ord. 1997-13; Ord. 1998-5; Ord. 1998-19; Ord. 2006-18; Ord. 2013-05]
[Ord. No. 1976-21; Ord. No. 1981-13 § 16; Ord.
No. 1994-25 § 1; Ord. No. 2013-05 § 2; Ord. No.
2017-01; Ord. No. 2018-10; Ord. No. 2018-11; 5-5-2020 by Ord. No. 2020-03]
The following districts are hereby created:
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R-A
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Rural Agricultural
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R-E
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Rural Estate
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R-1
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Residential Low Density
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R-2
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Residential Low Density
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R-3
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Residential Medium Density
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R-M
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Residential Multifamily
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R-M AH
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Residential Multifamily Affordable Housing
|
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R-M1
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Residential Multifamily 1
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R-M2
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Residential Multifamily 2
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S-L
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Residential Small Lot
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PRC
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Planned Retirement Communities
|
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PAC
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Planned Adult Community
|
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PUD
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Planned Unit Development
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MH
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Manufactured Housing
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NC
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Neighborhood Commercial
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HC
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Highway Commercial
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HC-2
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Highway Commercial 2
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TC
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Turnpike Commercial
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R-O
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Research Office
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I-O
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Industrial Office
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ARH
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Age-Restricted Housing
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CC
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Community Commercial
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CR
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Corridor Revitalization
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The following classes of uses are hereby created for the districts:
20-4.2.1
Permitted Uses:
a.
Only those uses of land, buildings and/or structures which are
specifically designated as a "principal use" or as an "accessory use"
or as a "conditional use" for a subject zoning district are permitted
in accordance with the terms of this chapter; and
b.
Conversely, any uses of land, buildings and/or structures which
are not specifically designated as a "principal use" or as an "accessory
use" or as a "conditional use" for a subject zoning district are prohibited,
including but not limited to smoking shops and vaping shops. Notwithstanding
any other section of this chapter to the contrary, the following are
exceptions:
[Amended 3-9-2021 by Ord. No. 2021-02]
(1)
The use of land and/or buildings by the Township of East Windsor
is permitted in all zoning districts;
(2)
Fire and rescue facilities authorized by the Township of East
Windsor are permitted in all zoning districts; and
(3)
In accordance with N.J.A.C. 40:55D-66.1 of the Municipal Land
Use Law, community residences for the developmentally disabled, community
shelters for victims of domestic violence, community residences for
the terminally ill and community residences for persons with head
injuries shall be permitted uses in the "R-A," "R-E," "R-M," "R-1,"
"R-2," "R-3," "S-L" and "PUD" residential zoning districts within
East Windsor Township, in accordance with the applicable requirements
of the subject zoning district for non-clustered single-family detached
dwelling units, and in accordance with the definitions of these uses
at N.J.A.C. 40:55D-66.2 of the Municipal Land Use Law.
c.
Cannabis
Businesses Prohibited. All classes of cannabis businesses, and all
classes of cannabis establishments or cannabis distributors or cannabis
delivery services, as these are defined in Section 3 of P.L. 2021,
c. 16,[1] are prohibited except for the delivery of cannabis items
and related supplies by a delivery service located outside of the
Township
[Added 6-8-2021 by Ord.
No. 2021-04]
[1]
Editor’s Note: See N.J.S.A. 24:6I-33.
20-4.2.2
Conditional Uses: Those uses of land or of building
or structure which are specially permitted under certain conditions
upon approval by the Planning Board. Conditional uses are created
because it is recognized that certain uses, activities and structures
may be necessary to serve the needs and convenience of the public.
However, it is also recognized that such uses may be or become inimical
to the public health, safety and general welfare if their establishment
and use are permitted at any and all locations in a district without
proper consideration being given to the master plan, existing conditions
and the character of the surrounding area.
The Planning Board, in exercising its discretionary power to
grant conditional uses shall be governed by any standard set forth
in this chapter for the particular conditional use, as well as the
following standards:
a.
The use for which application is made shall be one that is specifically
authorized by this chapter as a conditional use and shall comply with
all applicable regulations for the district in which located.
b.
The proposed design, arrangement and nature of the particular
use shall be such that the public health, safety and welfare will
be protected and promoted and reasonable consideration afforded to
the:
(1)
Character of the neighborhood and district.
(2)
Conservation of property values.
(3)
Health and safety of residents or workers on adjacent properties
and in the surrounding neighborhood.
(4)
Potential congestion of vehicular traffic or creation of undue
hazard.
(5)
Principles and objectives of this chapter and the master plan
of the Township of East Windsor.
All lots, structures, uses of land and structures and characteristics
of use which were lawful before the effective date of this chapter,
but which would be prohibited under the terms of this chapter may
be continued. The following regulations shall apply:
a.
Lot size: No nonconforming lot shall be further reduced in size.
b.
Bulk requirements: No building or other structure which is nonconforming
with respect to yards, coverage, height or other requirements shall
be enlarged, extended or increased so as to increase the degree of
nonconformity thereof.
c.
Use: No nonconforming use shall be expanded, altered or enlarged.
e.
Reversion: No nonconforming use shall if once changed into a conforming
use, be changed back into a nonconforming use.
f.
Restoration: Any nonconforming building or other structure may be
rebuilt, restored or repaired in the event of partial destruction
thereof. Nothing in this ordinance shall prevent the strengthening
or restoring to a safe condition of any wall, floor or roof of a nonconforming
building which has been declared unsafe by the construction official.
g.
Construction approved prior to this chapter: Nothing in this chapter
shall be deemed to require a change in the plans, construction or
designated use of any building on which actual construction was lawfully
begun prior to the effective date of this chapter and upon which actual
building construction has been carried on without interruption, except
to causes beyond the control of the developer. Actual construction
is hereby defined to include the placing of construction materials
in permanent position and fastened in a permanent manner. Where excavation
or demolition or removal of an existing building has been substantially
begun preparatory to rebuilding pursuant to a validly issued building
permit, such excavation or demolition or removal shall be deemed to
be actual construction, provided that work shall be carried on without
interruption except due to causes beyond the control of the developer.
h.
Nonconforming lots of record: Notwithstanding any limitations imposed
by other provisions of this chapter, in any district in which dwellings
are permitted, a single-family dwelling and customary accessory buildings
may be erected on any lot of record which, on the effective date of
this ordinance, was owned separately from that of any contiguous lots.
Any variation from the applicable yard dimensions and requirements
shall require approval by the zoning board of adjustment.
Subject to the provisions of this chapter, accessory uses shall
be permitted in all districts. The following regulations shall apply:
a.
Accessory uses such as the following are permitted in required yards
and on required common open space:
b.
Accessory uses such as the following are permitted in common open
space. Public or development owned:
(1)
Child's playhouse.
(2)
Swimming pools and bath houses.
(3)
Tennis courts and platform tennis courts.
(4)
Basketball courts.
(5)
Community center.
(6)
Barbecue stoves.
(7)
Statuary, arbors, trellises, flagpoles.
(9)
Children's recreational equipment such as swings, seesaws, slides
and jungle gyms.
c.
Accessory uses such
as the following are permitted in rear or side yards, but not common
open space.
(1)
Private swimming pools and bath houses, except that filtering equipment
for swimming pools may be located no less than one foot from the side
or rear property line.
(2)
Private tennis courts and platform tennis courts.
(4)
A guest house or rooms for guests in an accessory building provided
such facilities are for the occasional housing of guests of the occupants
of the principal building, and not as rental units or for permanent
occupancy as housekeeping units.
(5)
Laundry drying equipment.
(6)
Fall-out shelters; provided that they shall not be used for any principal
or accessory use not permitted in the zone.
(7)
Off-street parking and loading spaces.
(8)
Storage of recreational vehicles.
(9)
Restaurants, drug stores, gift shops, cocktail lounges, and newsstands
when located within a permitted hotel, motel or office building.
(10)
Employee restaurants and cafeterias when located within a permitted
business or manufacturing building.
(11)
Barbecue facilities.
(12)
Vending machines accessory to the principal commercial use on
a lot.
(13)
Patios.
(14)
Solid waste storage areas subject to approval as to storage
and screening methods, including fencing of up to eight feet in height;
provided, however, that screen fencing of up to eight feet in height
shall be permitted for solid waste storage areas in garden apartment
complexes, townhouse complexes and similar multi-family residential
developments.
(15)
Fences and walls shall be permitted as accessory uses in rear
and side yard areas only, except and in accordance with the following:
(i)
No fence or wall shall be permitted in any common open space;
(ii)
The provisions of this subsection shall not apply to fences
and walls within the "PUD" planned unit development zoning district,
and said fences and walls shall be governed by the covenants creating
the development;
(iii)
Within any residential zoning district, any fence
or wall shall not exceed five feet in height within a rear or side
yard of a residential lot less than 10,000 square feet in area and
shall not exceed a height of six feet within a rear or side yard of
a residential lot 10,000 square feet in area or larger. Moreover,
on any corner residential lot with two front yards, a fence or wall
shall be permitted in one of the front yards in accordance with the
provisions specified in Subsection 20-4.4c(15)(vi) hereinbelow;
(iv)
Within any nonresidential zoning district, fences and walls
shall not exceed eight feet in height in side and rear yard areas.
Moreover, additional fencing may be permitted within front yard areas
only when clearly needed for security purposes and only when specifically
approved by the Planning Board or zoning board of adjustment, as the
case may be, as part of a site plan submission;
(v)
Any fence or wall within the rear or side yard of any lot in
any zoning district shall be permitted to be constructed on the property
line with the written permission of the adjoining property owner,
and such fence or wall shall be finished on both sides. Where written
permission of the adjoining property owner is not secured, the fence
or wall shall be constructed no closer than six inches to the property
line, and such fence or wall shall have a finished side facing the
property line;
(vi)
On any corner lot within a residential zoning district, in addition
to the fences and walls permitted on the rear and side yards in accordance
with Subsection 20-4.4c(15)(iii) hereinabove, a fence or wall shall
be permitted within the one front yard that is located between the
side of the single-family detached dwelling and the street line subject
to the following conditions:
[1]
Such fence or wall shall be no higher than five
feet in height on a residential lot less than 10,000 square feet in
area and shall be no higher than six feet on a residential lot 10,000
square feet in area or larger;
[2]
Such fence or wall shall be set back from the subject
street line a distance no less than one-half the front yard setback
distance required for the single-family dwelling in the zoning district
where located; and
[3]
Such fence shall have a finished side facing the
street line;
(vii)
On residential lots which have reverse frontage, other than corner lots, the portion of the lot situated between the rear of the single-family detached dwelling unit and the street line shall be considered a rear yard and the fence and wall provisions specified in Subsection 20-4.4 hereinabove shall appropriately apply. Such fence or wall shall be constructed with a gate in order to provide access to that area between the fence and the paved cartway of the street for maintenance purposes;
(viii)
On any lot, if a fence or wall is to be constructed
on a portion of the lot encumbered by an easement, written permission
shall be secured from the party with the rights to the easement prior
to construction. Moreover, any fence or wall shall be of a type and
shall be constructed to permit the free flow of surface stormwater;
and
(ix)
Except as may be approved by the Planning Board or zoning board
of adjustment, as the case may be, as part of a site plan submission
for a nonresidential development, no fencing shall be electrified
and/or topped with barbed wire or other hazardous material.
d.
Private storage structures or bath houses having a gross floor area
of less than 100 square feet, children's playhouses and dog houses
may be located one foot from the rear or side property line. Accessory
buildings of 100 square feet or larger shall be subject to setback
requirements of this chapter as set forth in the schedule of bulk
regulations.
The nearest inside face of the swimming pool shall not be less
than ten feet from the side or rear property line.
All development shall be consistent with the goals and objectives
of the master plan of East Windsor Township, Mercer County, New Jersey
as adopted and, from time to time, amended by the Township Planning
Board.
The regulations set by this chapter within each district shall
be minimum regulations and shall apply uniformly to each class or
kind of structure or land except municipal facilities, and except
as hereinafter provided.
20-4.6.1
No buildings, structure, or land
shall hereinafter be used, filled, improved for use, or occupied,
and no building or structure or part thereof shall hereafter be erected,
constructed, reconstructed, moved, or altered except in conformity
with all of the regulations for use set forth in the respective sections
of this ordinance governing each zone and the requirements in said
sections regulating the bulk requirements as set forth in general
terms in Subsection 20-4.6.2 or as regulating the number of stories
or sizes of structures, floor area, ratios or other ratios limiting
intensity of land use. Relief from any of the foregoing use or bulk
requirements shall require a variance pursuant to N.J.S.A. 40:55D-70c
and/or 40:55D-70d. Waiver or modification of any other standards set
forth herein may be given by the municipal agency reviewing any development
application if they find it in the public interest to do so.
20-4.6.2
No building or other structure shall hereafter
be erected or altered:
a.
To exceed the height or bulk requirements.
b.
To accommodate or house a greater number of families.
c.
To occupy a greater percentage of lot area.
d.
To have narrower or smaller rear yards, front yards, side yards
or other open spaces than herein required; or in any other manner
contrary to the provisions of this ordinance, except as modified by
decision of the zoning board of adjustment.
20-4.6.3
No part of a yard, or other open space, or off-street
parking or loading space required in connection with any building
for the purpose of complying with this chapter, shall be included
as part of a yard, open space, or off-street parking or loading space
similarly required for any other building, unless otherwise approved
by the agency reviewing the application.
20-4.6.4
No yard or lot existing at the time of passage
of this chapter shall be reduced in dimension or area below the minimum
requirements set forth herein.
20-4.6.5
Yards or lots created after the effective date
of this ordinance shall meet at least the minimum requirements established
by this chapter.
Where uncertainty exists as to the boundaries of districts as
shown on the official map, the following rules shall apply:
20-4.7.1
Boundaries indicated as approximately
following the center lines of streets, highways, or alleys shall be
construed as following such center lines.
20-4.7.2
Boundaries indicated as approximately following
platted lot lines shall be construed as following such lot lines.
20-4.7.3
Boundaries indicated as approximately following
Township lines shall be construed as following such Township limits.
20-4.7.4
Boundaries indicated as following railroad rights-of-way
shall be construed as following the center line of such rights-of-way.
20-4.7.5
Boundaries indicated as approximately following
the center lines of streams, rivers, lakes or other bodies of water,
or waterways shall be construed as following such center lines.
20-4.7.6
Boundaries indicated as parallel to or extensions
of features indicated in Subsections 20-4.7.1 through 20-4.7.5 above
shall be so construed. Distances not specifically indicated on the
zoning map shall be determined by the scale of the map.
20-4.7.7
Where physical or man-made features existing on
the ground are at variance with those shown on the zoning map, or
in other circumstances not covered by Subsections 20-4.7.1 through
20-4.7.5 above, the board of adjustment shall interpret the district
boundaries.
20-4.7.8
Where more than 80% of a lot having an area of
ten acres or less falls within one district the entire lot may be
developed without a use variance as if it were all within the district
within which the 80% falls. Where more than 80% of a lot having an
area greater than ten acres falls within one district the permitted
uses of the larger portion of the lot shall be deemed conditional
uses in the smaller portion and the owner may apply to the Planning
Board to approve use of the entire property for any use permitted
on the larger portion thereof.
In any district, more than one structure housing a permitted
or permissible principal use may be erected on a single lot, provided
that all requirements of this chapter shall be met for each structure.
The height limitations in the district regulations do not apply
to church spires or belfries, or mechanical equipment, and receiving
antennas no higher than 15 feet above the height limitation in the
applicable district.
Every building hereafter erected or moved shall be on a lot
adjacent to a public street, and all structures shall be so located
on lots as to provide safe and convenient access for servicing, fire
protection, and required off-street parking.
This chapter is not intended to abrogate, annul or otherwise
interfere with any existing easement, covenant or any other private
agreement or legal relationship; provided, however, that where this
ordinance is more restrictive, or imposes higher standards or requirements
than such easements, covenants or other private agreements or legal
relationships, this chapter shall govern.
It is hereby declared that the several provisions of this chapter
are separable, in accordance with the following rules:
(1)
If any court of competent jurisdiction shall adjudge any provision
of this ordinance to be invalid, such judgment shall not affect any
other provisions of this chapter.
(2)
If any court of competent jurisdiction shall adjudge invalid the
application of any provisions of this chapter to a particular property
or structure, such judgment shall not affect the application of the
provisions to any other property or structure.
The following uses and structures are permitted in the floodway and special flood hazard zones as such zones are defined pursuant to Section 22-24 of the Technical Standards Ordinance and the Flood Damage Prevention Code established thereunder.
a.
Floodway.
(1)
It shall be unlawful to erect, remodel, or alter any permanent
structure, or to fill in, on any floodway district.
(2)
Agricultural uses in the nature of farming, grazing, livestock
raising, horticulture, nurseries and forestry shall be permitted.
(3)
Recreational uses in the nature of parks, playgrounds, golf
courses and golf driving ranges, boat landings and docks, picnic grounds,
outdoor rifle and skeet shooting ranges, and transient amusement enterprises
as circuses, rides and shows shall be permitted.
(4)
In no event shall any use be permitted pursuant to which persons
would assemble in the zone regularly if those persons could not reasonably
be expected to leave the zone within 30 minutes during a flood emergency
without help from another person.
b.
Special flood hazard zones.
(1)
All uses in the floodway are permitted.
(2)
Structures for nonresidential uses, provided that these structures
do not have a floor area in excess of 400 square feet.
(3)
In no event shall any use be permitted pursuant to which persons
would assemble in the zone regularly if those persons could not reasonably
be expected to leave the zone within 30 minutes during a flood emergency
without help from another person.
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In the event that any variance is granted to allow any use or structure such use or structure shall comply fully with all provisions of Flood Damage Prevention Code established pursuant to Section 22-24 of the Technical Standards Ordinance.
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a.
No more than one building permit shall hereafter be issued for any
detached single-family dwelling, other than a zero lot line or patio
home, to be erected in a major residential subdivision if the dwelling
is substantially alike in exterior design and appearance with any
neighboring dwelling situated on the same side of the street within
two lots (including detention basin/open space lots) of a dwelling
then in existence or for which a building permit has been issued or
is pending, except where the front elevations are substantially like
the one building most directly opposite its front orientation. On
a cul-de-sac, lots which have any portion of their lot frontage on
the arc of the turnaround shall be considered to be on the same side
of the street for the purposes of this section. Houses shall be considered
dissimilar in exterior design and appearance if they have at least
three of the following six characteristics:
1.
A difference in the height of the main roof ridge above the elevation
of the first floor.
2.
Differences in roof appurtenances (e.g., dormers, gables, pigeon
stoops, and cupolas).
3.
Differences in front facade siding materials (e.g., masonry vs. synthetic
siding).
4.
Reverse elevation design.
5.
Differences in the relative location of windows in the front elevation
or in each of both side elevations with respect to each other and
with respect to any door, chimney, porch or attached garage in the
same elevation.
6.
Differences in the relative location of porch or garage elements
of the front facade, or other relief or variation in the front facade
(e.g., jogs, bays).
b.
In addition to the requirements specified above, there shall not
be less than two separate basic house designs in every residential
subdivision consisting of eight or more lots, and not less than three
basic house designs where there are 15 or more lots, and not less
than four basic house designs where there are 25 or more lots.
c.
In order to provide market flexibility, it shall not be necessary
to select specific house designs for each lot at the outset, but in
the alternative these decisions can be made as requests for building
permits are submitted. The developer shall have the responsibility
to provide the zoning officer with sufficient information at any stage
in the development process to assure that the provisions of this section
are addressed throughout the development.
a.
The purpose of this section is to provide flexibility in residential
design, encourage energy conservation through flexibility, building
orientation, reduce residential development costs, and provide a method
of providing sufficient space in appropriate locations for agriculture,
open space, common property, conservation, schools, recreation, parks
and land for other public purposes by permitting a reduction in residential
lot size without reincreasing the number of lots or permitted number
of dwelling units. Lot size averaging shall be considered to be a
form of residential cluster development. The minimum lot area set
forth in Schedule of District Regulations for a cluster development
shall be the minimum lot area for lot size averaging. Lot size averaging
shall be considered to be that type of residential cluster development
which does not offer land to either the Township or homeowners association,
but instead retains it in private ownership with appropriate deed
restrictions or conservation easements imposed on oversized lots to
restrict further subdivision in order to insure that the overall development
does not exceed the number of dwelling units which are permitted in
the zoning district in which the lot is located and to further assure
the objective of this section as set forth in paragraph b4 is followed.
b.
Cluster developments may but need not be approved at the sole discretion
of the Township subject to these requirements:
1.
The tract size is at least ten acres.
2.
All dwelling units are connected to approved and functioning central
water and sanitary sewer systems, except for developments which lie
in the R.A. and R.E. zoning districts.
3.
The permitted number of dwelling units on cluster lots shall not
exceed the number of units which could be developed on the site using
the minimum lot size for the applicable zone district without clustering
and meeting the standards set forth on the Schedule of District Regulations.
The conventional sketch plan developed for purposes of establishing
a lot count shall take into consideration the development constraints
imposed by natural features such as wetlands and floodplains.
4.
Land equal in area to a minimum of 20% of the tract's total land
area is set aside for agriculture, open space, common property, conservation,
schools, recreation, parks, and land for other public purposes, singly
or in combination, except that land utilized for streets, parking,
drives and required yards shall not be included as part of the 20%.
Lands to be set aside shall be either dedicated to the Township, owned
in common by an association as outlined below, or retained in private
ownership with appropriate deed restrictions or conservation easements
assuring their continued use for the above-stated purposes. At least
one-half of the required land to be set aside (10% of the tract's
total land area) shall lie outside delineated wetlands, wetland transition
areas, and lands which lie within 100 year flood hazard area. Land
to be used for open space, recreation or any other public purpose
shall be in one functional and contiguous parcel to the maximum extent
practicable. The land to be set aside shall be suitable and usable
for active recreation and/or other stated purposes as determined by
the Township, and shall be concentrated in one part of the site in
order to maximize usability. Scattered site and linear arrangements
of land to be set aside shall not be permitted unless the Planning
Board within its sole discretion makes a finding that such an arrangement
is otherwise beneficial and in the public interest.
c.
Lands offered to the Township or a homeowners association shall meet
the following requirements:
1.
The minimum size shall be two acres.
2.
Lands for recreation purposes shall be improved by the developer
including equipment, walkways and landscaping as set forth in the
Technical Standards and shall have sufficient size for the intended
purposes.
3.
Such lands shall be an integral part of the development and designed,
improved and located to best suit the purpose(s) for which it is intended.
4.
Every parcel accepted by the Township shall be conveyed by deed at
the time final plat approval is granted.
d.
Concurrence of Governing Body Procedure. A copy of any proposed dedication
of land to the Township shall be transmitted to the governing body
and be subject to the approval of the Planning Board and the governing
body. Both shall be guided by the Master Plan, the ability to assemble
and relate such lands to an overall plan, the accessibility and potential
utility of such lands to serve the intended purpose, and such existing
features as topography, soils, wetlands, and tree cover as these features
may enhance or detract from the intended use of the land.
[1]
Editor's Note: The Schedule of District Regulations referred
to herein may be found as an attachment to this chapter.
Nothing in this chapter shall be deemed to affect or modify:
(1)
The terms and conditions set forth in the Judgment Approving Stipulation
of Settlement and the Stipulation of Settlement entered in the lawsuit
caption "Centex Homes of New Jersey, Inc., Plaintiffs v. The Mayor
and Council of the Township of East Windsor, et al., Defendants,"
bearing Superior Court Docket No. L-51177-80 P.W.; or
(2)
The terms and provisions of the development application approvals
granted prior to the adoption of this chapter by the East Windsor
Township Planning Board and relating to the residential portions of
the Centex-New Jersey site.
[Ord. 1976-21; Ord. 1978-39;Ord. 1981-13; Ord. 1983-6; Ord. 1983-47; Ord. 1991-9; Ord. 1994-41]
No use shall be permitted, no site plan shall be approved by
the reviewing agency which does not conform to the performance standards
set forth in this section and elsewhere in Township ordinances and
regulations.
The agency granting site plan approval may pursuant to Subsection
20-30.4,[1] grant relief from any requirement of Subsections 20-5.1 through 20-5.5, inclusive, of this section and Subsection 20-35.4i.
Once site plan approval has been given, failure to comply with
the performance standards as approved shall be cause for the revocation
of approval and of any certificate of occupancy issued in reliance
thereon.
All uses with the exception of single-family residences as provided for in § 20-17, Agricultural District, shall be designed and constructed to provide full public utility service including public sewerage, storm water drainage, water supply, and electricity. All utility service in all districts shall be installed underground.
20-5.3.1
General Requirements. Each use
in the Township shall be provided with sufficient off-street parking
area to serve its users. When safety dictates, angle parking may be
required.
20-5.3.2
(Reserved)
20-5.3.3
A parking lot accessory to a permitted use and
having spaces for five or more automobiles, shall be screened from
the adjacent property by a landscape buffer not less than ten feet
in width except where the Planning Board shall determine in connection
with site plan review that such landscape buffer is not necessary
or practicable. Any landscape buffer requirement of this section shall
be subject to any more stringent requirements of the district in which
such lot is located and the requirements of the Technical Standards.
[Ord. 1978-39; Ord. 1991-11, § III; Ord. 1994-41, § I; Ord. 2003-4, § 1 Ord.
No. 2016-09 § 1, 2]
20-5.16.1
BULLETIN BOARD
CANOPY SIGN
CHANGEABLE COPY SIGN
COPY
DIRECTIONAL SIGN
DIRECTORY SIGN
FACADE
FACADE SIGN
FREESTANDING SIGN
FRONTAGE, STREET
POLITICAL SIGN
PORTABLE SIGN
REAL ESTATE SIGN
SIGN AREA
SIGN FACE
SIGN STRUCTURE
TIME AND TEMPERATURE SIGN
Definitions.
Shall mean a sign listing the name and use of a building
and having space for changeable copy messages.
Shall mean any sign attached or constructed under a canopy
or marquee. Any sign which is on the outer surface of a canopy or
marquee shall be considered a facade sign for the purposes of this
section. For service stations with a canopy, separate standards apply
as set forth in this section.
Shall mean a sign on which copy may be changed manually or
electronically with changeable letters.
Shall mean the message being communicated in the display
area, whether verbal or nonverbal.
Shall mean any sign which is designed and erected solely
for the purpose of traffic or pedestrian direction and which is placed
on the property to which or on which the public is directed. Such
a sign may contain a business or professional name but no advertising
copy. Such sign shall not exceed three square feet except in residential
districts, where such sign shall not exceed one square foot, and as
otherwise specified herein.
Shall mean any sign listing the names, and/or use, and/or
location of the various businesses or activities conducted within
a building or group of buildings.
Shall mean that portion of any exterior elevation of a building
extending vertically from grade to the top of the parapet wall. In
the case of a building with a pitched roof, the facade extends vertically
from grade to the midpoint between the eaves and the ridge line of
the roof. The facade extends horizontally across the entire width
of the building elevation.
Shall mean any sign affixed in such a way to a building or
structure that its exposed face is approximately parallel to the plane
of the building or structure on which it is affixed.
Shall mean a sign supported by one or more columns, uprights,
or braces in or upon the ground, not attached to or forming part of
a building.
Shall mean the length of any property line along each public
street which it borders.
Shall mean any temporary sign which advertises candidates
for public office or statements on public issues.
Shall mean any sign not permanently attached to the ground
or a building.
Shall mean any sign pertaining to the sale, lease or rental
of land or a building.
Shall mean the area in square feet of a parallelogram drawn
so as to include the entire sign face. All internally illuminated
panels or translucent fixtures, whether or not they contain lettering,
wording, designs or symbols, shall be considered to be a part of sign
area.
Shall mean a plane consisting of the total area of all lettering,
wording, coloring and accompanying designs and symbols, together with
the background, whether open or enclosed, but not including the supporting
framework and bracing incidental to the display itself. No sign shall
have more than two sign faces.
Shall mean any structure which supports, has supported or
is capable of supporting a sign, including decorative cover. No guy
wires, braces, or secondary supports are to be used. Any angle iron
or main support is to be enclosed in a wood, plastic or metal form,
such that the angle iron or main support is not visible.
Shall mean a sign the display area of which is partially
electronically controlled and on which appear in moving or flashing
characters information as to time and/or temperature. The remainder
of the display areas may be a frame on which is indicated the name
of the person who owns or operates the sign.
20-5.16.2
General Provisions.
a.
All signs within the Township shall be erected, constructed
or maintained in accordance with the provisions of this subsection
and, unless otherwise provided for, all signs shall relate to the
premises on which they are erected. There shall be no off-premises
signs erected in the Township. Any person who erects, constructs or
maintains a sign in violation of any provision of this subsection
shall be subject to prosecution for such violation upon a complaint
brought in the municipal court of the Township by any person. Any
sign which has been found in the municipal court to have been erected,
constructed or maintained in violation of this section may thereafter
be declared a nuisance and removed by order of the zoning officer
pursuant to paragraph f2 hereof.
Any sign meeting all requirements as set forth in this section
for location in any zone, shall be issued a building permit (hereafter
"permit") without site plan review, unless the sign is a part of a
development which otherwise requires site plan review.
All applications for permits shall be signed by the person applying
for the permit and the owner of the property on which the sign will
be located. Both the person in whose name the permit is registered
and the owner of the property shall be equally liable for violations
of this section.
b.
No sign other than those in Subsection 20-5.16.2 shall be erected,
hung, attached or displayed until a permit for such sign has been
duly issued by the building official.
c.
No variance granted as to any use pursuant to N.J.S.A. 40:55D-70d
shall confer upon any person the right to erect or use signs on the
said lot which do not conform to the zoning requirements of the district
in which the lot is located unless the variance granted shall have
specifically granted approval for the erection and/or use of such
sign. Site plan approval shall be required for all signs constructed
in conjunction with a use variance.
d.
No sign shall be posted on trees, utility poles, light poles
or otherwise in the right of way. Any sign so posted shall be subject
to immediate and summary removal by the Township.
e.
All signs shall be maintained in good order and repair. In the
event that the building official determines that any sign now or hereafter
erected has fallen into a state of disrepair, has become dilapidated
or constitutes a safety hazard, the sign owner and the property owner
shall be given written notice to correct the conditions within 14
days from the date of the mailing of the notice. Failure to correct
the condition or to file an appeal within the time provided shall
render the person responsible liable to prosecution in municipal court
for violation of this subsection.
f.
No existing sign shall be structurally enlarged or relocated
except in accordance with the provisions of this subsection and until
a permit has been issued. The issuance of a permit shall not relieve
the owner or lessee of the premises from the duty of maintaining any
of such structures in a safe condition.
1.
Any sign existing as of the date of the passage of this section
that does not conform with provisions of this subsection and also
with the regulations of the district in which such sign is located
shall be considered a nonconforming structure and may continue in
its present location until replacement or rebuilding becomes necessary,
at which time a permit will be required and the sign brought into
conformity with this subsection.
2.
If any person is convicted of erecting, constructing or maintaining
a sign in violation of this subsection and thereafter fails to correct
the violation within ten days after conviction, the zoning officer
shall send a written notice by certified mail, return receipt requested,
to that person and to the owner of the property on which the sign
in violation is located, if they be different persons. Such notice
shall state that the sign is a nuisance and failure to correct the
condition or file an appeal and request a hearing within 30 days of
the mailing of such notice shall constitute cause for abatement of
the nuisance by the zoning officer. At any time thereafter the sign
may, upon passage of a resolution by the Township Council, be taken
down and removed by the Township and the expense of the removal shall
be posted as a lien against the lot from which the sign has been removed.
g.
No temporary sign as authorized under Subsection 20-5.16.4a
of this section, such as may be permitted on a limited time basis,
shall be erected until temporary sign permit shall have been obtained
for such sign.
h.
Any sign now or hereafter existing which no longer advertises
a bona fide business conducted, or a product sold, shall be taken
down and removed by the person having the beneficial use of the building
or structure of land upon which such sign may be found. Copy alone
can be removed, provided the owner of the premises on which the sign
is located assumes responsibility for its proper maintenance.
i.
All internally illuminated signs shall be labeled by the Underwriters
Laboratory, or certified or labeled by another approved testing laboratory,
and all wiring and accessory electrical equipment on any sign shall
conform to the requirements of the electrical subcode adopted by the
State Department of Community Affairs. Freestanding illuminated signs
shall be served by underground wiring.
j.
External illumination shall be provided by flood or spotlights
of the following types: incandescent filament, fluorescent, metal
halide or mercury vapor. Internal illumination may be provided by
any light source provided that the light source is encased by the
sign. No part of a neon lamp is to be exposed. Colored lamps or lights,
and strings of lights are prohibited, except as part of a holiday
decoration.
k.
Lights used for external illumination of a sign shall be shielded
and so located as to prevent glare. Such lights, whether attached
to or separate from the building, shall not project above the highest
elevation of the front wall of the building or more than 20 feet above
the ground level of the premises, whichever is less.
Internal illumination shall not be of an intensity or brilliance
as to cause glare. External and internal illumination shall conform
to the requirements of the latest edition of the Illumination Engineering
Society Standards and the East Windsor Township Technical Standards
Ordinance.
l.
Except where specifically prohibited all signs may be double
faced and the maximum area shall apply to each side, providing that
the two signs shall be joined in such a manner that at no point shall
the backs of such signs form an angle greater than 60°.
m.
All signs shall be designed and constructed in conformity to
the provisions for material, loads, and stresses as specified in the
building subcode adopted by the State Department of Community Affairs.
n.
No sign shall have any visible guy wires, braces, or secondary
supports.
20-5.16.3
Special Signs Permitted without
a Permit. The following signs shall be permitted in any zone in the
Township without a permit, providing that they comply with this subsection:
a.
Special signs serving the public convenience, such as "Notary
Public", "Public Telephones", "Public Restrooms", "Push", and "Pull"
or words or directions of similar import. No such sign shall exceed
one square foot in area.
b.
Signs which are an integral part of a vending machine, gasoline
pumps, and milk machines.
c.
Directional signs. The maximum area permitted shall be three
square feet except as otherwise regulated herein. Such signs shall
be placed on-site and they shall not exceed 30 inches in height above
grade.
d.
Customary warning signs such as "No Trespassing" signs and "No
Dumping" signs, posted signs or signs indicating the private nature
of a driveway or property, not exceeding one square foot.
e.
Flags of religious, educational, civic or governmental organizations,
and the American flag whenever and wherever flown in accordance with
the laws and rules promulgated by the Federal government.
f.
Name and number plates identifying residences and affixed to
a house or apartment, mailbox, or lawn signs identifying same, none
of which shall exceed one square foot.
g.
Non-illuminated real estate signs announcing the sale, rental
or lease of a residential use on which the sign is located. The sign
may be double faced and only one sign shall be permitted on each lot
or parcel. The maximum size of the sign for a residential use shall
be six square feet in area, and it shall be placed at least three
feet from the street right-of-way. A permit shall be required for
a real estate sign for a nonresidential use and it shall conform to
all the requirements as set forth herein for a residential sign except
that it shall be placed at least 12 feet from the street right-of-way,
it shall not exceed 16 square feet in area when placed on lots with
a street frontage of less than 250 feet, and it shall not exceed 32
square feet in area when placed on lots with a street frontage of
greater than 250 feet. The above signs shall be removed within seven
days subsequent to settlement or execution of the lease.
h.
Holiday decorations.
i.
Construction signs. A construction sign not exceeding 24 square
feet of sign area shall be permitted in residential districts or 64
square feet in commercial or industrial districts. A minimum of one
such sign shall be permitted per construction project, but there shall
be no more construction signs on each street frontage than the number
of public roads entering the development along such street frontage.
The placement of such signs shall be at the discretion of the developer
provided they conform in all respects to the provisions of this section
and provided further that they are set back from the street right-of-way
line a minimum of 12 feet. Such signs shall be erected no more than
30 days prior to the beginning of construction for which a valid permit
has been issued, shall be confined to the site of construction, and
shall be removed five days after completion of construction and prior
to issuance of a certificate of occupancy. Such construction sign
permits shall be valid for a period of no greater than two years,
and they shall be subject to renewal in two-year increments by the
zoning officer upon a showing that active construction is continuing.
j.
Temporary political signs for a period of 45 days. In the case
of signs relating to an election or referendum, they shall be removed
seven days after the election or referendum by the person named on
the sign as having caused them to be printed.
k.
Temporary signs for advertising public, political functions
or fund raising events, charitable or religious organizations shall
be permitted for a period of 45 days prior to the event and shall
be removed within seven days subsequent to the event by the respective
organizations.
l.
Historical tablets, cornerstones, memorial plaques and emblems
which do not exceed six square feet in area which are installed by
government agencies or civic or religious organizations.
m.
A mechanic or artisan is permitted to erect one sign during
the period when the mechanic or artisan is actively performing work
on the lands or premises where the sign is placed. The sign shall
have a maximum area of six square feet and it shall not be placed
in such a way that it interferes with visibility for motorists exiting
the premises.
20-5.16.4
Signs Permitted in
Connection with a Development.
a.
Temporary real estate signs which may be externally illuminated,
located on the same lot as the sales offices of a residential development
and not exceeding 24 square feet in area.
b.
All signs permitted under this subsection shall be removed by
the owner within seven days after the lease or sale of the last house
in a residential development or the lease or sale of a lot or building
in a commercial or industrial zone.
c.
One non-illuminated sign pertaining to the lease or sale of
a lot and/or building shall be permitted on a parcel or contiguous
parcel in any commercial or industrial zone. Copy shall be limited
to the name and phone number of the person or firm offering the lease
or sale, how property is zoned, acreage or square feet of building
available. The sign shall not exceed 24 square feet in total area
and eight feet in height above ground level.
20-5.16.5
Prohibited Signs. The following
signs are prohibited in all zones in the Township:
a.
Flags, banners, strings of banners, pinwheels, "A" type signs,
sidewalk signs, curb signs, and similar advertising devices, pennants,
search lights, balloons or other gas filled figures, except that any
person may have one temporary sign permit for an unusual commercial
event, such as a grand opening. Said temporary sign or signs shall
not exceed 20% of the area, including windows and doors, of the first
or ground story facade of the building to which the sign is attached,
and said sign shall not exceed in length the width of the street facade
of the building. Said temporary sign or signs shall be attached to
the building and shall not extend more than 18 inches from the facade,
and they shall not extend above the roof line of the building. No
more than three such signs shall be permitted under any temporary
sign permit. Such permit shall be valid for no less than 15 consecutive
days, and it shall not exceed a total of 30 days in any two consecutive
six month periods. At least six months shall elapse between the starting
dates of such permits.
b.
Moving or revolving signs and signs using blinking, flashing,
vibrating, flicker, tracer, sequential or any other lighting where
the sign message can be electronically changed, but shall not include
time and temperature signs or any other signs expressly permitted
elsewhere in the ordinance.
[Ord. No. 2016-09 § 1]
c.
Signs using any reflecting material which sparkles or glitters.
d.
Signs obstructing doors, fire escapes or stairways or keeping
light or air from windows used for living quarters.
e.
Any series of two or more signs placed along a street or highway
carrying an advertising message part of which is contained on each
sign.
f.
Strung shielded or unshielded light bulbs.
g.
No person shall park any vehicle or trailer, in such a way as
to utilize it as a portable sign on any public right-of-way or public
property or on private property so as to be intended to be viewed
from a motorized vehicular public right-of-way, which has attached
thereto or located thereon any sign or advertising device for the
basic purpose of providing advertisement of products or directing
people to a business or activity located on the same or nearby property
or any premises.
h.
Not more than 20% of a "sign area" or 25 square feet, whichever
is more, shall contain any design, picture, symbol and/or logo, and
the remainder of the "sign area" shall contain wording and background
area only.
i.
When a sign is approved as part of a site plan or subdivision
development application by the Planning Board or zoning board of adjustment,
as the case may be, no sign shall be constructed which in any way
differs from the details of the sign as approved, including, but not
limited to, such sign details as size, color, height, location, lettering,
pictures, symbols, logos and lighting.
This subsection is not intended to prohibit any form of vehicular
signage such as a sign attached to a bus or lettered on a motor vehicle
or signs that are part of a vehicle such as a construction trailer
whose primary purpose is not to display advertising directed to persons
on the public right-of-way.
20-5.16.6
Procedure.
a.
Applications for permits to erect, construct, hang or place
a sign shall be submitted on forms obtainable from the zoning officer.
All applications shall be signed by the owner of the sign and the
property owner on whose premises the sign is to be erected. Each application
shall be accompanied by two sets of plans and specifications showing
dimensions, materials and required details of construction, including
loads, stresses and anchorage. Include two site plans for free standing
signs and such additional information as may be required by the zoning
officer on the application.
b.
After erection of the sign and final electrical approval, the
applicant shall notify the building official so that he may make a
final inspection. All signs given final approval shall be listed in
a central sign registry maintained by the zoning officer. The registry
shall include the sign location, plans, and the name of the person
who obtained the permit and the person who owns the property on which
the sign is located. Any successor in interest to the person who obtained
the permit and the property owner shall register with the zoning officer.
Failure to so register shall not relieve such successor in interest
of any obligation under this section.
c.
All those signs currently possessing a valid sign permit shall
be entered into the register of signs without a reregistration. A
change of copy shall require reregistration.
d.
Any decision of the zoning officer may be appealed by filing
with the board of adjustment on forms provided by the zoning officer.
Failure to comply with the decision of the board of adjustment shall
constitute a violation of this subsection.
20-5.16.7
Specific Provisions Applicable
to All Signs.
a.
Facade signs shall meet the following regulations:
1.
Such signs shall not project more than 18 inches from the building
facade to which it is attached, provided when a sign extends more
than three inches from the face of the wall the bottom of the sign
shall not be closer than nine feet from the ground level at the sign.
2.
The total display area of all facade signs on any facade of
any building permitted pursuant to paragraph a3 hereof shall not exceed
10% of the area including windows and doors of the facade of the building
to which the sign is attached. If there are multiple occupants in
a building, such as in a shopping center, the 10% standard shall apply
only to that portion of the building facade associated with an individual
occupant.
3.
One façade sign is permitted for each occupancy within
a developed parcel. However, if such a building is not part of a shopping
center and is situated on a corner property or otherwise has frontage
on more than one street, one additional facade sign for each occupancy
will be permitted on the abutting wall, provided that each façade
sign is no larger than the size of the sign permitted on the smaller
of the two building walls, and provided further that no illuminated
sign shall be erected facing a residential zone and that no sign shall
extend beyond the facade of a building or extend higher than the highest
elevation of the facade to which it is attached. In the determination
of allowable facade signs for individual occupants, one facade sign
shall be permitted for each facade of a building which has a public
entrance, but in any event no facade of a building will be permitted
to have more than one facade sign for each occupancy. Each building
which has multiple occupancy shall be permitted one additional facade
sign which can serve as an identification of the building, such sign
shall not exceed 5% of the area of the facade to which it is attached,
and such sign shall be counted toward the 10% standard set forth in
paragraph a2 herein.
4.
Individual raised letters without a sign background shall be
permitted provided that no other provision of this section is violated.
5.
Facade signs may only be erected on the portion of the premises
actually occupied by the person whose message the sign carries.
b.
Freestanding signs shall meet the following regulations:
1.
The total permitted area of a freestanding sign shall not exceed
one square foot of sign area for each linear foot of street frontage
abutting the developed portion of said parcel provided that no sign
shall exceed 150 square feet.
2.
The maximum height permitted for freestanding signs is 25 feet.
No portion of any freestanding sign shall be placed closer than 12
feet to any street right-of-way.
3.
Where a developed parcel has in excess of 600 feet of street
frontage, one additional freestanding sign may be erected for each
additional 300 feet of street frontage in excess of the first 300
feet of street frontage abutting the developed portion of said parcel.
4.
Where a developed parcel is permitted to have more than one
freestanding sign per street frontage under these regulations, the
distance between said freestanding signs on each parcel shall be not
less than 300 feet.
5.
Where a premises fronts on more than one public right-of-way,
at least one sign shall be permitted on each such street frontage
and additional signs shall be allowed in accordance with the provisions
of this subsection. For purposes of measurement of frontage, each
separate street frontage shall be treated independently of another.
The distance between signs of 300 feet, as called for in paragraph
b4 above, shall apply only to freestanding signs on the same street
frontage, and not to signs which are located along different street
frontages.
6.
Where premises zoned for commercial or industrial use are within
50 feet of the nearest boundary of any premises zoned for residential
use on the same public right-of-way, freestanding signs shall not
be erected within 50 feet of a residential zone.
7.
Minimum clearance. Where a freestanding sign projects over a
vehicular traffic area, such as a driveway or parking lot aisle, the
minimum clearance between the bottom of the sign and the ground shall
be 14 feet. If the area is restricted against truck traffic, the minimum
clearance shall be ten feet.
8.
No sign shall be erected within five feet of any rear or side
yard line.
9.
All freestanding signs shall be placed so as not to impede full
vision of ongoing traffic from any exit onto a roadway at a distance
of two and one-half to ten feet above the grade of such roadway at
any point in the area of the exit where an exiting vehicle is likely
to be as it moves onto the roadway. No sign structure shall be placed
in any parking area or in any area used for vehicular traffic.
10.
Any business located on any limited access highway or non-limited
access highway on the Federal Aid Primary System shall only be entitled
to such on-premises signs as are permitted herein and as may be permitted
under the regulations promulgated by the New Jersey Department of
Transportation, Bureau of Maintenance, Outdoor Advertising Section
or any successor agency.
c.
Canopy signs, other than those associated with gasoline stations:
1.
One sign under each canopy shall be permitted for each occupancy
within a building. Canopy signs shall be no larger than five square
feet.
2.
Canopy signs may be installed only below the canopy proper,
provided that no portion of a canopy sign shall be closer than nine
feet to any pedestrian passageway beneath it.
3.
Canopy signs on buildings of more than one story shall be permitted
provided that no sign shall be higher than the floor level of the
second story floor.
20-5.16.8
Sign Regulations for Each Zoning
District.
a.
The following signs are permitted in the Neighborhood Commercial
District, the Highway Commercial District and the Turnpike Commercial
District:
1.
Those signs as permitted in Subsections 20-5.16.2 and 20-5.16.3.
2.
One freestanding sign, for each developed parcel, not to exceed
one square foot of display area of each linear foot of street frontage
abutting the developed portion of said parcel meeting the provisions
of Subsection 20-5.16.7b.
[Amended 11-23-2021 by Ord. No. 2021-07]
3.
One facade sign for each occupancy within the developed parcel
meeting the provisions of Subsection 20-5.16.7a.
[Amended 11-23-2021 by Ord. No. 2021-07]
4.
One canopy sign for each occupancy within the developed parcel
meeting the provisions of Subsection 20-5.16.7c.
[Amended 11-23-2021 by Ord. No. 2021-07]
5.
Where gasoline stations are permitted one freestanding sign
shall be permitted, provided such sign shall not exceed 36 square
feet in area on a side and shall be erected not less than 12 nor more
than 27 feet above the ground. A minimum setback of 12 feet shall
be required as measured from the street right-of-way line. The freestanding
sign may have a supplementary price sign provided that it is mounted
on the same support structure as the freestanding sign, that the price
sign does not exceed 25 square feet in sign area, or more than 5 feet
in height. The price per gallon on the price sign may be illuminated
by LED lighting (light-emitting diode lamps), which shall be no brighter
than necessary for clear and adequate visibility and provided that
the maximum level of illumination does not exceed 0.3 footcandle above
the ambient night-time light footcandle level measured at a distance
of 50 feet, and the daytime level does not exceed 1250 nits.
(a)
The image shall be static and all blinking, flashing,
vibrating, flicker, tracer, scrolling and other illusions of motion
are prohibited.
(b)
No sign shall be of such intensity or brilliance
that it interferes with the effectiveness of an official traffic sign,
device or signal or causes glare or otherwise impairs the vision of
the driver or results in a nuisance to a driver.
(c)
A dimming module shall be incorporated in any LED
signage electronics in order to further dim the intensity of the LED
lighting even lower than the aforementioned nits and footcandle ambient
light levels. The control switch which allows the lighting intensity
of the LED price sign to be adjusted shall be provided at an easily
accessible location within the gas station building, which shall be
identified on the Township sign application.
(d)
The LED sign, when installed and operational, shall
have its lighting intensity measured by a lighting professional so
qualified, and a certification verifying that the lighting levels
are compliant with the above standards shall be submitted to the Township.
Thereafter, such lighting levels may be subject to periodic inspection
by the Township in order to verify the lighting intensity and to require
that the level of illumination be reduced if the lighting is deemed
too bright, either in excess of the standard or otherwise presenting
a public interest issue.
(e)
All LED electronics shall be housed in a weather-proof
cabinet not exceeding five feet in height.
In addition to the freestanding sign permitted herein, gasoline
stations which have a canopy over the pump islands shall be permitted
one sign on the canopy, with the area of the sign limited to no more
than 10% of the longest facade of the canopy. In addition to the freestanding
sign and the sign on the canopy, the principal building shall be permitted
to have one facade sign per abutting street frontage identifying the
business in accordance with the provisions of Subsection 20-5.16.6a.
In addition, smaller facade signs are permitted to indicate functions
performed at individual service bays, and such additional facade signs
shall not exceed one per service bay and they shall be further limited
by the aggregate facade sign area limitations set forth in Subsection
20-5.16.6a.
6.
One freestanding directory sign shall be permitted for shopping
centers containing more than two businesses in lieu of any other freestanding
sign provided that:
(a)
Copy shall be limited to indicate only the name
of the shopping center and said name is to be located at the top of
the sign. Each occupant's copy shall be limited to the name and nature
of occupancy. An area for each business in the shopping center shall
be provided on the sign for every business wishing to utilize same.
In addition, the shopping center rental agent's name and telephone
number may be listed.
(b)
Placement shall be subject to area, height, setback,
interior yard and minimum clearance provisions of Subsection 20-5.16.6b.
(c)
The display area for all businesses shall be similar
in size and compatible in style, except that an attached changeable
copy sign for a movie theatre in a shopping center may be larger than
the space allocated to other businesses and different from the other
display areas in its artistic style.
(d)
The addition or change of any business on the sign
must be registered and approved by the building official prior to
installation and final approval after installation. A letter of authorization
must be presented to the building official from the owner of the sign
or premises at time of approval.
(e)
Each business in a shopping center may have one
facade sign and one canopy sign on its premises.
7.
One time and temperature sign not to exceed 15 square feet in
area may be added to any freestanding sign and the area shall not
be computed as part of the sign. The time and temperature sign shall
be subject to the other provisions of Subsection 20-5.16.6b.
b.
The following signs are permitted in an R-1, Residential District;
R-2, Residential District; R-3, Residential District; R-4, Residential
District; SL, Small Lot District; and MH, Manufactured Housing District.
1.
Those signs as permitted in Subsections 20-5.16.2 and 20-5.16.3.
2.
For residential developments with common ground under the ownership
of a homeowners association or condominium association, one permanent
identification sign, which may be externally illuminated, indicating
only the name of the development, may be erected at each main entrance
to the development, not exceeding 16 square feet of area; and at each
entrance other than the main entrance, one non-illuminated identification
sign, not exceeding eight square feet in area, may be erected. Such
signs shall be erected on the common ground of the association or
in an easement which allows for the maintenance of the signs by the
association. For residential developments without an association of
any kind, only a temporary identification sign is permitted in accordance
with the provisions of Subsection 20-5.16.3.
3.
For permitted non-residential uses, one identification sign,
and one bulletin board and/or directory sign for each developed lot,
not exceeding a total of 20 square feet in area for all signs.
4.
All signs shall be placed flat against a building or designed
as part of an architectural feature thereof, except that signs may
be detached if they do not exceed a height of six feet nor shall they
be placed closer than 12 feet from any right-of-way.
5.
All illuminated signs shall be designed so as not to shine or
reflect upon adjacent dwellings.
6.
No height limit is specified for signs placed flat against the
wall of a building provided that no sign shall extend beyond the side
of a building nor extend higher than the highest elevation of the
wall, including parapets to which it is attached.
c.
The following signs are permitted in an R-O Research-Office
and an I-O Industrial-Office District:
1.
Those signs as permitted in Subsections 20-5.16.2 and 20-5.16.3.
2.
One freestanding sign, indicating only the name and nature of
the occupancy for each developed parcel, in accordance with Subsection
20-5.16.6b.
3.
One facade sign for each single occupancy building within the
developed parcel provided that it meets the provisions of Subsection
20-5.16.6a.
4.
One directory sign for each building over one story with multiple
occupancy. This sign shall not exceed 16 square feet of area and may
be placed flat against the wall of a building or if freestanding,
shall be located adjacent to a primary entrance door. A second sign
shall be permitted if there is a second door entrance.
5.
One identification facade sign for each building of multiple
occupancy provided that each tenant has its own primary entrance door
directly from the outside. The sign shall be of individual letters
up to but not exceeding three inches in height. The total area shall
not exceed four square feet and it shall be placed flat against the
wall of the building adjacent to the tenant's primary entrance door.
6.
One freestanding directional sign containing the names of the
businesses, industrial firms, and offices with suitable directional
graphics may be erected at an intersection of streets within an industrial
office park. No sign shall exceed a height of 12 feet nor may project
into or over an abutting public right-of-way and the lettering shall
not exceed six inches in height.
7.
A sign advertising an industrial office park or other multi-occupant
industrial office site may be advertised by placement of a freestanding
sign giving the name of the site, the current tenants, and information
as to vacancies. Such a sign, to conform to the sign requirements
of a freestanding sign as shown in Subsection 20-5.16.7c2 above may
be located at the nearest junction of any road on which the site is
located and a road most likely to be used as an access road on which
the site is located and a road most likely to be used as an access
road to the site. The size of the sign shall be determined based on
the frontage of the lot being advertised rather than the lot on which
the sign actually stands.
8.
Signs permitted under Paragraphs b6 and b7 hereof may also contain
the name and telephone number of the rental agent responsible for
the property.
d.
The following signs are permitted in an R-A, Rural Agricultural
and in an R-3, Rural Estate District:
1.
Those signs as permitted in Subsections 20-5.16.2 and 20-5.16.3.
2.
One identification sign will be permitted for each agricultural
or horticultural business, farm, or nonresidential use occupying any
parcel or contiguous parcels of land.
3.
Where a roadside stand is permitted for the sale of farm produce
grown on the premises, one additional non-illuminated free-standing
sign and one non-illuminated facade sign shall be permitted. Each
freestanding sign shall not exceed 12 square feet in area nor eight
feet in height. The wall sign shall not exceed 20 square feet in area
and shall be attached flat against the front wall of the farm stand
or farm building.
4.
No freestanding sign shall be placed closer than five feet from
any street right-of-way or property line, and it shall not interfere
with driver vision.
e.
The following signs are permitted in a Planned Unit Development
District:
1.
Those signs as permitted in Subsections 20-5.16.2 and 20-5.16.3.
2.
The provisions of Subsection 20-5.16.7 are applicable in PUD
zones to the extent that any use within such zones is in the nature
of one of the uses described in Subsection 20-5.16.7. To the extent
it is in the nature of such a use, the signs permitted to accompany
such use shall meet the requirements set forth in the appropriate
and relevant portions of Subsection 20-5.16.7.
3.
The provisions of this paragraph e shall not be interpreted
so as to modify, abrogate, annul, or otherwise interfere with, any
easement, covenant, or other private agreement or legal relationship
which applies or shall in the future be made applicable to property
located within a PUD district.
[Ord. 1989-4; Ord. 1992-35; Ord. 1994-25; Ord. 2003-5]
a.
Customary farm structures.
b.
Accessory dwellings for domestic or household employees or farm workers,
provided that each such dwelling unit shall comply in every respect
to the statutes of the State of New Jersey and the rules and regulations
of the New Jersey State Board of Health concerning farm labor housing.
c.
Roadside stands primarily for products grown on the premises.
d.
Private garages and carports.
e.
Residential swimming pools.
f.
Receiving satellite dish antennas in the rear yard only, subject
to a limitation in dish diameter of two meters and an overall height
limitation including the supporting structure of ten feet.
g.
Off-street parking facilities.
h.
Clubhouses and customary accessory structures with golf courses.
i.
Auction houses on lots which are at least three acres in area and
which are located on minor or major collector roads, as designated
in the traffic circulation plan element of the master plan.
a.
Utility structures and facilities needed to provide the direct service
of gas, electricity, telephone, water, sewerage, and cable television,
but not offices, garages, warehouses, maintenance areas or similar
commercially or industrially related operations of such companies
or utilities. All such buildings and yards, equipment and devices
shall be adequately screened from adjacent and surrounding properties
and public ways.
b.
Animal hospital or commercial kennel for the care or rearing of animals,
provided that no activity or operation of any such use shall be conducted
within 100 feet of any property line nor within 200 feet of any dwelling
other than a dwelling on the same lot. Such use shall not in any way
alter the agricultural-residential character of the neighborhood,
nor in any way affect the safe and comfortable enjoyment of the individual
property rights of the neighborhood in which the use is located.
a.
The gross residential density shall not exceed 0.25 dwelling units per acre in residential cluster developments, in accordance with the provisions set forth in Subsection 20-4.15 of this chapter.
b.
See the Schedule of District Regulations of this chapter.
[1]
Editor's Note: The Schedule of District Regulations may be
found as an attachment to this chapter.
The land application of wastewater from industry or other primarily
non-agricultural sources shall not be deemed to be an agricultural
or horticultural use. This shall not apply to the East Windsor Municipal
Utilities Authority.
[Ord. 1989-4; Ord. 1992-35; Ord. 2003-5]
a.
Private garages and carports.
b.
Residential swimming pools.
c.
Receiving satellite dish antennas in the rear yard only, subject
to a limitation in dish diameter of two meters and an overall height
limitation including the supporting structure of ten feet.
d.
Customary farm structures.
e.
Off-street parking facilities.
f.
Clubhouses and customary accessory structures with golf courses.
a.
Home business activities subject to the limitations imposed in the
definitions section of this chapter.
b.
Utility structures and facilities needed to provide the direct service
of gas, electricity, telephone, water, sewerage, and cable television,
but not offices, garages, warehouses, maintenance areas or similar
commercially or industrially related operations of such companies
or utilities. All such buildings and yards, equipment and services
shall be adequately screened from adjacent and surrounding properties
and public ways.
c.
Houses of worship on lots of three acres or larger with a minimum
of one parking space for each three seats, with the parking areas
located in the side or rear yard only and adequately buffered from
adjoining residential properties.
a.
The gross residential density shall not exceed 0.33 dwelling units per acre in residential cluster developments in accordance with the provisions in Subsection 20-4.15 of this chapter.
b.
See Schedule of District Regulations of this chapter.
[1]
Editor's Note: The Schedule of District Regulations may be
found as an attachment to this chapter.
The terms of the Residential Building Appearance provisions
of this chapter shall apply.
[Ord. 1989-4; Ord. 1991-9; Ord. 1992-35; Ord. 97-11; Ord. 2001-13; Ord. 2001-17; Ord. 2006-18]
a.
Home business activities subject to the limitations imposed in the
definitions section of this chapter.
b.
Utility structures and facilities needed to provide the direct service
of gas, electricity, telephone, water, sewerage, and cable television,
but not offices, garages, warehouses, maintenance areas or similar
commercially or industrially related operations of such companies
or utilities. All such buildings and yards, equipment and devices
shall be adequately screened from adjacent and surrounding properties
and public ways.
c.
Houses of worship on lots of two acres or larger with a minimum of
one parking space for each three seats, with the parking areas located
in the side or rear yard only and adequately buffered from adjoining
residential properties.
d.
Professional Offices on Transitional Lots:
1.
The building shall be as close in appearance to a single-family residential
building as is practical in order to effect a reasonable transition
from the business district to the residential district.
2.
The off-street parking area shall be located as close as possible
to the Commercial zone, and the access drive shall be located as far
from the residences in the single family district as is practical.
3.
Site development shall adhere to the building and setback requirements
as set forth in this chapter for the R-1 zoning district.
e.
Professional offices, child care centers, adult day care centers
and nonprofit educational facilities for adult study groups shall
be permitted on tracts of land in the "R-1" District at least one-half
acre in area which have direct vehicular access frontage along a major
collector roadway as identified in the "Traffic Circulation Plan Element"
portion of the East Windsor Township Master Plan and which is occupied
by a nonresidential structure owned by East Windsor Township as of
June 1, 2001, as provided and in accordance with the following:
1.
The building shall be as close in appearance to a single-family residential
building as is practical in order to safeguard the character of the
surrounding residential neighborhood.
2.
The development of the subject tract shall be in accordance with
the requirements for detached dwellings in the "R-1" Residential Low
Density District as contained in the Schedule of District Regulations,
except that the maximum improvement coverage percentage shall be 60%.[1]
[1]
Editor's Note: The Schedule of District Regulations referred
to herein may be found as an attachment to this chapter.
3.
Off-street parking, signage, lighting and landscaping and the design,
arrangement and nature of the use shall be as specifically approved
by the Planning Board in accordance with the standards for conditional
uses contained and referred to in Subsection 20-4.2.2 of this chapter.
a.
See the Schedule of District Regulations of this chapter.
[1]
Editor's Note: The Schedule of District Regulations referred
to herein may be found as an attachment to this chapter.
a.
No driveway shall be located within ten feet of a side or rear property
line, except that on those lots developed as part of a residential
cluster development the driveway shall not be located within five
feet of a side or rear property line.
b.
No more than one principal building shall be used as a detached dwelling
on a lot.
c.
Provisions for vehicle turnaround shall be made for each dwelling
fronting on a collector or arterial street. For newly sub-divided
lots abutting an expressway or arterial road one of the following
shall be required:
1.
The frontage shall be reserved so that the lots contiguous to such
roadways will front on a street with a lower traffic function with
an additional lot depth or width of 50 feet as an easement exclusively
for buffering to be provided by the developer along the arterial street;
or
2.
A marginal service road shall be provided along such arterial road
and shall be separated from it by a raised/planting island divider
strip of at least 20 feet in width; or
3.
Such other means of separating through and local traffic and of providing
a suitable buffer shall be provided as the board of jurisdiction may
determine to be appropriate.
d.
At least one of the required off-street parking spaces shall be provided
in an attached or detached private garage or carport.
e.
The terms of the Residential Building Appearance provisions of this
chapter shall apply:
[Ord. 1989-4; Ord. 1991-9; Ord. 1992-35; Ord. 97-11; Ord. 2006-18]
a.
Utility structures and facilities needed to provide the direct service
of gas, electricity, telephone, water, sewerage, and cable television,
but not offices, garages, warehouses, maintenance areas or similar
commercially or industrially related operations of such companies
or utilities. All such buildings and yards, equipment and devices
shall be adequately screened from adjacent and surrounding properties
and public ways.
b.
Houses of worship on lots of two acres or larger with a minimum of
one parking space for each three seats, with the parking areas located
in the side or rear yard only and adequately buffered from adjoining
residential properties.
c.
Professional Offices on Transitional Lots:
1.
The building shall be as close in appearance to a single-family residential
building as is practical in order to effect a reasonable transition
from the business district to the residential district.
2.
The off-street parking area shall be located as close as possible
to the Commercial zone, and the access drive shall be located as far
from the residences in the single family district as is practical.
3.
Site development shall adhere to the building and setback requirements
as set forth in this chapter for the R-1 zoning district.
a.
See the Schedule of District Regulations of this chapter.
[1]
Editor's Note: The Schedule of District Regulations referred
to herein may be found as an attachment to this chapter.
a.
No driveway shall be located within five feet of a side or rear property
line, except on those lots developed with patio or zero lot line homes
the driveway shall not be located within one foot of a side property
line.
b.
No more than one principal building shall be used as a detached dwelling
on a lot.
c.
Provisions for vehicle turnaround shall be made for each dwelling
fronting on a collector or arterial street. For newly subdivided lots
abutting an expressway or arterial road one of the following shall
be required:
1.
The frontage shall be reversed so that the lots contiguous to such
roadways will front on a street with a lower traffic function with
an additional lot depth or width of 50 feet as an easement exclusively
for buffering to be provided by the developer along the arterial street;
2.
A marginal service road shall be provided along such arterial road
and shall be separated from it by a raised/planting island divider
strip of at least 20 feet in width; or
3.
Such other means of separating through and local traffic and of providing
a suitable buffer shall be provided as the board of jurisdiction may
determine to be appropriate.
d.
At least one of the required off-street parking spaces shall be provided
in an attached or detached private garage or carport.
e.
The terms of the Residential Building Appearance provisions of this
chapter shall apply.
[Ord. 1989-4; Ord. 1990-23; Ord. 1991-9; Ord. 1992-35; Ord. 1993-15]
a.
Utility structures and facilities needed to provide the direct service
of gas, electricity, telephone, water, sewerage, and cable television,
but not offices, garages, warehouses, maintenance areas or similar
commercially or industrially related operations of such companies
or utilities. All such buildings and yards, equipment and devices
shall be adequately screened from adjacent and surrounding properties
and public ways.
b.
Houses of worship on lots of two acres or larger with a minimum of
one parking space for each three seats, with the parking areas located
in the side or rear yard only and adequately buffered from adjoining
residential properties.
c.
Professional Offices on Transitional Lots:
1.
The building shall be as close in appearance to a single-family residential
building as is practical in order to effect a reasonable transition
from the business district to the residential district.
2.
The off-street parking area shall be located as close as possible
to the Commercial Zone, and the access drive shall be located as far
from the residences in the single family district as is practical.
3.
Site development shall adhere to the building and setback requirements
as set forth in this chapter for the R-1 zoning district.
a.
The gross residential density shall not exceed 4.0 dwelling units per acre in residential cluster developments in accordance with the provisions set forth in Subsection 20-4.15 of this chapter.
b.
The maximum dwelling net density for attached dwellings shall be
six units per acre and the maximum dwelling net density for multifamily
residential shall be ten units per acre. On those larger tracts where
these housing types are permitted, there shall be no more units allowed
than provided for under paragraph a above.
c.
See the Schedule of District Regulations of this chapter.
d.
Semi-detached dwellings shall not be permitted to increase improvement
coverage by more than 15% over original construction subject to an
overall site limitation of 40%, as set forth in the Schedule of District
Regulations.
e.
No building or deck expansion shall be permitted beyond the side
yard established for each semi-detached dwelling at original construction.
f.
Decks shall be permitted to extend into the required rear yard of
semi-detached dwellings by up to 12 feet. Decks which extend into
the required rear yard shall not be permitted to have a roof, and
no impervious materials shall be permitted under a deck which extends
into the required rear yard. A roofed deck shall be considered to
be a part of the principal building and it shall be subject to all
the building coverage, improvement coverage, floor area ratio and
yard controls as set forth in the Schedule of District Regulations.
g.
Additions to semi-detached dwellings shall be permitted only if the
addition occurs in such a way that no front, side or rear yard setback
is diminished, such as in an alcove. If an alcove is proposed for
an addition, permission of the adjoining semi-detached dwelling is
required.
[1]
Editor's Note: The Schedule of District Regulations referred
to herein may be found as an attachment to this chapter.
a.
No driveway shall be located within five feet of a side or rear property
line, except on those lots developed with semi-detached dwellings,
patio or zero lot line homes the driveway shall not be located within
one foot of a side property line.
b.
No more than one principal building shall be used as a detached dwelling
on a lot.
c.
Provisions for vehicle turnaround shall be made for each dwelling
fronting on a collector or arterial street. For newly sub-divided
lots abutting an expressway or arterial road one of the following
shall be required:
1.
The frontage shall be reversed so that the lots contiguous to such
roadways will front on a street with a lower traffic function with
an additional lot depth or width of 50 feet as an easement exclusively
for buffering to be provided by the developer along the arterial street;
2.
A marginal service road shall be provided along such arterial road
and shall be separated from it by a raised/planting island divider
strip of at least 20 feet in width; or
3.
Such other means of separating through and local traffic and of providing
a suitable buffer shall be provided as the board of jurisdiction may
determine to be appropriate.
d.
At least one of the required off-street parking spaces for detached
dwellings, semi-detached dwellings, patio homes and zero lot line
homes shall be provided in an attached or detached private garage
or carport. At least one-half of the multi-family or attached dwelling
shall be provided a parking space in a garage.
e.
The terms of the Residential Building Appearance provisions of this
chapter shall apply.
f.
One shed up to 100 square feet shall be permitted on a lot with a
semi-detached dwelling subject to the setback requirements of accessory
buildings set forth in the Schedule of District Regulations. No other
accessory buildings shall be permitted. The shed shall be placed to
the rear of the house, and in the case of a corner lot, it shall be
set back from both street lines at least 40 feet.[1]
[1]
Editor's Note: The Schedule of District Regulations referred
to herein may be found as an attachment to this chapter.
g.
Fences shall be permitted on semi-detached dwelling lots. They shall
not be permitted between the principal building and any abutting street
line. Fences located beyond the front yard shall be permitted provided
they do not exceed five feet in height. A fence of up to six feet
in height shall be permitted along the common property line separating
two semi-detached dwellings where the buildings adjoin, and such six
foot height limit shall apply to the first 12 feet of fencing extending
along the dividing property line from the principal building. Fencing
shall be permitted on the property line with the permission of the
adjoining property owner, and where such fencing is located on the
property line, it shall be finished on both sides. Where permission
of the adjoining property owner is not secured, the fence shall be
placed no closer than six inches to the property line, with the finished
side out. If fencing is proposed on a portion of a lot with an easement,
permission shall be secured from the party with easement rights. Fencing
shall be of a type which will allow for the free flow of surface stormwater.
[Ord. 1989-4]
a.
Utility structures and facilities needed to provide the direct service
of gas, electricity, telephone, water, sewerage, and cable television,
but not offices, garages, warehouses, maintenance areas or similar
commercially or industrially related operations of such companies
or utilities. All such buildings and yards, equipment and devices
shall be adequately screened from adjacent and surrounding properties
and public ways.
b.
Houses of worship on lots of two acres or larger with a minimum of
one parking space for each three seats, with the parking areas located
in the side or rear yard only and adequately buffered from adjoining
residential properties.
[Ord. Nos. 1989-4, 1992-35; Ord. No. 2017-09 § 2]
a.
Gross residential density shall not exceed ten dwelling units per
acre in multi-family developments.
b.
The gross residential density and developments which contain a mix
of housing types shall be based on 10 units per acre for multifamily
dwellings other than attached dwellings, six units per acre for attached
dwellings and five units per acre for detached dwellings.
c.
Gross residential density as defined in Subsection 20-11.4a and b may be exceeded, as determined by the Township and at the sole discretion of the Township, where Affordable Units are provided as a component of a Township approved Master Plan Housing Element.
1.
Affordable Units shall be constructed to be consistent in architectural
appearance to all other non-affordable units on site.
2.
Any site plan approval granted to a property owner within the Residential
Multi-Family Zone District which includes Affordable Units pursuant
to the provisions of this chapter shall include provisions that shall
permit the property owner to elect which units on site shall be designated
as Affordable Units. If the site plan approval for Affordable Units
is an amended site plan for premises already approved and developed
as non-affordable units, the property owner, at the property owner's
election, may designate the existing units or the newly-approved units
as Affordable Units.
d.
See the Schedule of District Regulations of this chapter.
[1]
Editor's Note: The Schedule of District Regulations referred
to herein may be found as an attachment to this chapter.
a.
No driveway shall be located within five feet of a side or rear property
line, except on those lots developed with patio or zero lot line homes
the driveway shall not be located within one foot of a side property
line.
b.
No more than one principal building shall be used as a detached dwelling
on a lot.
c.
Provisions for vehicle turnaround shall be made for each dwelling
fronting on a collector or arterial street.
d.
At least one of the required off-street parking spaces for detached
dwellings, patio homes and zero lot line homes shall be provided in
an attached or detached private garage or carport. At least one-half
of the multifamily or attached dwellings shall be provided a parking
space in a garage. Denise
e.
The terms of the Residential Building Appearance provisions of this
chapter shall apply.
The intent of this zoning District is to facilitate the development
of a multifamily inclusionary development to permit appropriate densities
including a significant percentage of affordable housing in concert
with the allowed density.
The number of permitted dwelling units within the multifamily
dwelling development shall be 187 with 38 units set-aside for very-low-,
low- and moderate-income households.
a.
Structures designed for recreation or community use as a part of
the multifamily dwelling development.
b.
Private garages and carports.
c.
Residential swimming pools with outdoor dining area, outdoor barbecue
and party deck.
d.
Dog runs.
e.
Tot lots.
f.
Walking paths with barbecue patios.
g.
Off-street parking facilities.
h.
Community Clubhouse with fitness room, club room and furnished model.
i.
Management and leasing offices.
j.
Maintenance office/garage building not to exceed one story in height
and 1,500 square feet in floor area. The façade design shall
match the residential structures.
k.
Solid waste facilities.
l.
Signs. (See Subsection 20-5.16.7b for standards.)
a.
Utility structures and facilities needed to provide the direct service
of gas, electricity, telephone, water, sewerage and cable television,
but not offices, garages, warehouses, maintenance areas or similar
commercially or industrially related operations of such companies
or utilities. All such equipment, devices and structures shall be
adequately screened from adjacent and surrounding properties and public
ways.
a.
The R-M1 zone is designed to permit 187 multifamily units of which
a minimum of 35% shall be stacked attached dwelling units with the
remaining to be comprised of multifamily units.
b.
Minimum parking setback from existing public streets shall be 100
feet and from the tract property line shall be 20 feet.
c.
Minimum landscaped buffer adjacent to existing public streets shall
be 25 feet and to other property lines shall be 20 feet.
d.
Minimum distance from building to parking shall be 15 feet.
e.
Minimum distance between principle buildings shall be 25 feet.
[1]
Editor's Note: Schedule of District Regulations is included
as an attachment to this chapter.
a.
The percentage of very-low-, low- and moderate-income housing shall
be 20%, rounded up, of the total number of dwellings.
b.
Very-low-, low- and moderate-income housing shall be constructed
and rented in accordance with the Council on Affordable Housing rules
at N.J.A.C. 5:93-1, et seq. and Uniform Housing Affordability Controls
(UHAC) at N.J.A.C. 5:80-26.1, et seq., except that instead of 10%
of the affordable units being made affordable to households earning
30% of median income, 13% of the affordable units shall be made affordable
to such households.
The affordable units shall also comply with the U.H.A.C. regulations
related to bedroom distribution, range of affordability, pricing and
rent of units, affirmative marketing, 30-year minimum affordability
controls and construction phasing with the market rate units developed
on the tract.
c.
Affordable housing units shall be affordable family rentals and shall
not be age-restricted. The affordable housing units shall be dispersed
within the multifamily dwelling units and not located in the stacked
attached dwelling units.
d.
The Township designated Affordable Housing Administrator shall be
responsible to affirmatively market, administer and certify the occupant
of each affordable unit, with all administrative costs to be paid
by the Developer.
[Ord. No. 2017-01 § 2]
a.
Building Design. The design of the buildings shall be residential
and not institutional and shall conform to the following:
1.
Architectural elevations and floor plans shall be provided for each
type of building.
2.
Maximum length of buildings shall not exceed 300 feet.
3.
Variations in setback, materials, colors and design including breaks
in the building façade shall be encouraged to reduce and separate
the building mass.
4.
Rooflines shall be pitched. If flat roofs are provided, they shall
incorporate design techniques to shield any roof mounted equipment.
5.
All HVAC and mechanical equipment shall be adequately screened from
view.
6.
All units shall be designed in a unified architectural style.
b.
Circulation and Parking.
1.
At least one-half of the multifamily or attached dwellings shall
be provided a parking space in a garage.
4.
An emergency access drive shall be provided to Old Trenton Road approximately
900 feet west of the entry road.
5.
Pedestrian and bicycle circulation systems shall be designed to extend
through and connect with open space and common areas.
d.
Utilities/Services. All dwelling units within a structure shall be
connected to approved and functioning public water and sanitary sewer
systems prior to the issuance of certificates of occupancy.
[Ord. No. 2018-10]
The purpose of this § 20-11B is to establish regulations and standards controlling the development of land in a specified area of the Township with provisions for the development of low- and moderate-income housing units in accordance with those set forth below and in accordance with the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq. and the regulations of the Council on Affordable Housing ("COAH") for the second round, set forth at N.J.A.C. 5:93. The purpose of this zone is to establish an affordable housing zone in accordance with a settlement agreement between the East Windsor Township and Fair Share Housing Center, Inc. ("Fair Share Housing Center" or "FSHC"). The settlement agreement was approved by the Superior Court at a Fairness Hearing held on July 19, 2017 and reflected in a Court Order also dated July 19, 2017 (collectively, the "settlement agreement"), setting forth the Township's third round affordable housing obligation covering the period 1999 to 2025. In addition, the Township entered into a Memorandum of Understanding (MOU), between Township of East Windsor and Blackpoint Group, LLC and Benjamin Zaitz and Zaitz Trust, in May 2017 regarding 641 North Main Street which included this zone as a mechanism to satisfy its obligation.
[Ord. No. 2018-10]
A minimum gross tract acreage of 28.4 acres shall be required.
The "tract" as referred to in this zone shall be defined as the overall
site known as Block 11.01, Lot 5 for proposed development, inclusive
of the total multi-family and age restricted residential housing prior
to further subdivision or dedications.
[Ord. No. 2018-10]
The maximum number of permitted dwelling units within the age-restricted housing sub-lot of the overall tract for development shall be up to 116 units and shall not exceed a dwelling net density (as defined in Subsection 20-3.2), of 14 units per net acre of lot area designated specifically for age restricted development. The maximum number of non-age restricted multifamily dwelling units within non-age-restricted housing portion of the overall tract for development shall be 295 units and shall not exceed a dwelling net density (as defined in Subsection 20-3.2), of 14 units per acre, of lot area designated specifically for non-age restricted development in accordance with the terms of the settlement agreement.
[Ord. No. 2018-10]
All dwelling units within the age-restricted dwelling units
identified herein shall comply with the standards as set forth in
Subsection 20-11B.2 in its entirety.
[Ord. No. 2018-10]
The age-restricted development permitted, up to 116 units, shall,
in lieu of providing a 15% on-site inclusionary affordable housing
set-aside, provide a payment-in-lieu of construction on site to the
East Windsor Township's Housing Trust Fund. The payment-in-lieu shall
be equal to $55,000.00 per each approved affordable unit that would
be required based upon a 15% set-aside of the total number of age-restricted
units.
The non-age restricted multi-family development shall be required
to be an inclusionary development, of up to 295 multi-family units
and shall have a minimum 22% set aside of the total number of non-age
restricted units approved, affordable to low and moderate-income households
(65 affordable units for 295 total units). The 22% of the total number
of units approved shall round up any fractional number of units to
provide one additional whole unit.
The inclusionary affordable units shall be developed and administered in accordance with COAH's rules and UHAC at N.J.A.C. 5:80-26.1, and as required under § 20-11B, including but not limited to income split, affirmative marketing, unit income type requirements and bedroom distribution. In addition, the unit types shall provide at least 15% of the total number of affordable units (rounded up), as affordable to very-low income households (affordable to households earning 30% or less of median income by household size), with all of the very-low-income units available to families.
[Ord. No. 2018-10]
a.
Private garages and surface parking areas.
b.
Buildings for storage and maintenance equipment.
c.
Off-street parking as hereinafter regulated.
d.
Signs in accordance with the requirements of Subsection 20-5.16.7b2
of this chapter and related provisions.
e.
Private recreation buildings and facilities, including ancillary
indoor and outdoor private recreational amenities, primarily intended
for use by residents of the development.
f.
Community center/room serving the residents of the development.
g.
Gazebos, pergolas and similar outdoor landscape structures.
h.
Uses which are customarily incidental to the principal permitted
uses in the zone including, but not limited to, development leasing,
management and maintenance offices.
[Ord. No. 2018-10]
The following zoning standards shall apply to development in
the R-M2 Residential Multifamily 2 District.
a.
Minimum tract area: 28.4 acres.
b.
Minimum tract lot width: 500 feet.
c.
Minimum building setbacks from tract boundaries:
d.
Minimum building setback from internal roads: 15 feet.
e.
Minimum distance from internal parking areas: 15 feet.
f.
Minimum distance between building walls:
1.
Front to front: 90 feet.
2.
Front to side: 40 feet.
3.
Side to side: 30 feet.
4.
Side to rear: 30 feet.
5.
Rear to rear: 60 feet.
6.
Age restricted principal buildings minimum separation between building
walls may be reduced to 25 feet when connected by a one-story pedestrian
breezeway. Such breezeways shall be roofed, either open air or enclosed
but shall be no wider than 10 feet.
g.
Maximum building coverage: 25% of the gross tract area.
h.
Maximum improvement coverage: 60% of the gross tract area.
i.
Maximum building height: No building shall exceed a height of 3 stories
or 40 feet, except the maximum height can be increased to 45 feet
to a ridge line of a sloped roof with a minimum pitch of at least
4 inches vertical (rise), to 12 inches horizontal (run).
k.
Long uninterrupted building lengths are discouraged. The maximum
age restricted building length shall be 225 feet.
l.
Accessory buildings: All accessory buildings shall comply with Subsection 20-4.04 and the definition of "accessory use or structure" in § 20-3 regarding accessory buildings and structures except for the following:
1.
Accessory structures shall not be permitted in the tract boundary
front, side or rear yard building setbacks as required in Subsection
20-11B.8c herein.
2.
Accessory buildings shall not exceed 15 feet in height and one story
except for accessory community/recreation buildings which shall not
exceed a maximum building height of 35 feet.
3.
Minimum setback from interior roadway 20 feet, with the exception
of a clubhouse covered port-cohere drop off area which shall have
no required setback.
4.
Minimum setback to internal parking areas 15 feet.
m.
Minimum setback to other buildings 20 feet.
n.
Buffers: Suitable buffers shall be provided as the board of jurisdiction determines to be appropriate and as referenced in the Technical Standards of Chapter 22, § 22-27. The minimum landscape buffer adjacent to N.J. Route 133 tract boundary lines shall be 15 feet. The minimum landscape buffer from all other property lines shall be 10 feet.
o.
Minimum building setback to on-site stormwater basin top of bank
shall be 20 feet.
[Ord. No. 2018-10]
a.
Off-street parking and loading: Parking and loading requirements
of the RM2 Residential Multifamily 2 District shall comply with New
Jersey Residential Site Improvement Standards ("RSIS"), N.J.A.C. 5:21,
as determined to be applicable.
b.
Minimum number of garage spaces: A minimum of one garage parking
space shall be provided per 5 units in a building for all residential
buildings. Garages shall be attached to the principal building and
shall be considered part of the units; no detached accessory garages
shall be permitted.
c.
Site access: Access to the tract shall be provided exclusively from
North Main Street and Town Center Road as deemed appropriate by the
applicable board of jurisdiction.
d.
Minimum roadway and parking setback: No internal driveway, roadway
or parking area shall be located closer than 20 feet to a tract boundary
except where such roadways intersect with an existing street.
e.
Provisions shall be provided for at least 2% of the total parking
spaces in the development, shall have provisions for electrical recharging
stations. Such locations shall be specifically approved by the board
of jurisdiction.
f.
Site access roadways shall provide vehicular and pedestrian access
easements to adjacent developments from North Main Street and Town
Center Road as determined necessary and appropriate by the board of
jurisdiction.
[Ord. No. 2018-10]
a.
The proposed developments shall provide adequate active recreational
facilities within the specified open space and indoors to satisfy
the needs of the anticipated residential population of each development.
All recreational facilities shall adhere to the standards set forth
in the Barrier Free Subcode of the Uniform Construction Code of the
State of New Jersey. A minimum of 30% of the tract shall be specifically
set aside for conservation, recreation and/or other open space. No
more than one-half of the minimum 30% noted above shall be comprised
of wetlands, wetland buffers, 100-year flood plains or lands with
a topographic slope more than 15%.
b.
The following listing and ratios of recreational facilities are requirements
for the respective board of jurisdiction in their evaluation of the
adequacy of proposed recreational facilities, although alternative
recreational facilities and ratios thereof may be proposed by the
applicant and approved at the sole determination of the board:
1.
Age-restricted development shall provide the following active recreation
amenities and such facilities shall be located on the age-restricted
sublot of the tract for age-restricted housing:
(a)
One clubhouse/recreation building or incorporated into the residential
structure of at least 6,000 gross square feet in area, shall be provided
to serve the proposed age restricted dwelling units. Off-street parking
as approved by the board may be required depending upon location of
the recreation facility.
Such clubhouse or recreational building shall be maintained
with features such as exercise equipment, community meeting rooms
and community cooking facilities, such as a commercial kitchen for
community gatherings. Such provisions shall only be made available
for use by the residents of the facility.
(b)
When the number of age-restricted dwelling units exceeds 100
units, a swimming pool shall be provided. Such swimming pool shall
have a minimum water surface of 1,800 square feet, and a minimum deck/patio
equal to an area equivalent to 150% of the water surface area.
(c)
At least six courts, either bocce, shuffleboard, tennis and/or
similar court facility, shall be provided for the age-restricted development.
(d)
Community gardens facility of a minimum area of 4,000 square
feet shall be provided for the age-restricted sublot of the tract.
These facilities shall include improvements such as raised planting
beds, sources of water and tool storage facilities as accepted by
the board of jurisdiction.
(e)
Outdoor amenities including terraces, courtyards and patio areas
with tables and chairs, benches, shade trellises, gazebos, and other
such recreation elements as shall be specifically required by the
board of jurisdiction.
2.
Non-age-restricted development on the tract shall provide the following
active recreation amenities and such facilities shall be located on
the age-restricted sublot of the tract for age-restricted housing:
(a)
One clubhouse/recreation building, at least 10,000 gross square
feet in area, shall be provided to serve the proposed non-age restricted
dwelling units, with adjacent off-street parking as approved by the
board. Such clubhouse or recreational facility shall be maintained
with features such as exercise equipment, community meeting rooms
and community cooking facilities, such as a commercial kitchen for
community gatherings. Such provisions shall only be made available
for use by the residents of the facility.
(b)
When the number of dwelling units exceeds 100 units, a swimming
pool shall be provided. Such swimming pool shall have a minimum water
surface of 1,800 square feet, and a minimum deck/patio equal to an
area equivalent to 150% of the water surface area.
(c)
One tennis or similar court facility shall be provided for each
approximately 100 non-age-restricted dwelling units.
(d)
Outdoor amenities including benches, shade trellises, gazebos,
terraces, bicycle racks and other such recreation elements shall be
provided as specifically required by the board of jurisdiction.
(e)
Outdoor active recreation play areas for children shall be provided
as required by the board of jurisdiction. Such areas shall be appropriate
and specifically designed for the different age groups or age-related
abilities and contain a total minimum of 5,000 square feet of active
recreation play area. The areas shall serve toddlers, preschool and
school-age children with play area designs to accommodate these differences
regarding the type, scale, and the layout of equipment. The term "toddlers"
refers to children ages 6 months through 2 years of age, "preschool-age"
refers to children 2 through 5 years, and "school-age" refers to children
5 through 12 years.
The overlap between these groups shall be designed into the
playground equipment use and provides for a margin of safety. Such
play areas shall provide for shaded sitting areas for supervision
of the play areas and include fencing or other containment where required
for safety of the area.
Such recreation areas, equipment and surfacing shall be in accordance
with the Americans with Disabilities Act of 1990 (ADA), accessibility
requirements. In addition, the play areas shall comply with all applicable
standards such as the American Society for Testing Materials (ASTM),
and Consumer Products Safety Commission (CPSC), recommendations.
(f)
Community gardens facility of a minimum area of 4,000 square
feet shall be provided for the non-age restricted areas of the tract.
These facilities shall include improvements such as raised planting
beds, sources of water and tool storage facilities as approved by
the board of jurisdiction.
3.
Jogging and bicycle circuit paths shall be provided for both the
non-age-restricted and age-restricted housing development areas and
provide for interconnections between such facilities as deemed appropriate
by the applicable board of jurisdiction. Such paths shall connect
to the proposed recreation amenities and include bicycle racks at
these connections.
[Ord. No. 2018-10]
All dwelling units within a structure shall be connected to
a Township approved and functioning public water and sanitary sewer
systems prior to the issuance of certificates of occupancy.
[Ord. No. 2018-10]
The following design standards shall apply to both the non-age
and age-restricted residential developments with consideration of
form, mass, architectural features and design elements consistent
with the Township's history and style, to be incorporated as follows:
a.
All buildings shall relate harmoniously with other on-site features
and buildings. Although, the architectural features described herein
shall be varied to provide variety from building to building for visual
interest and reducing monotony of the development.
b.
Building materials and colors shall be consistent with the Township's
existing residential architectural characteristics and history.
c.
Architectural features shall be used to create visual interest and
variety and shall include staggered unit setbacks, changing rooflines
and roof designs, and alterations in building height. No flat roof
structures are permitted.
d.
Large horizontal buildings shall be broken into segments having vertical
orientation with alternating front and rear façade setbacks
to generate the appearance of smaller individual buildings/units.
No more than 30 feet of front or rear building wall is permitted without
providing a break in the façade of an acceptable method of
articulation.
e.
Buildings with expansive blank walls on any facade are discouraged.
Side and rear elevations should receive architectural treatments comparable
to front facades.
f.
Buildings are to incorporate elements that provide a visually attractive
environment using varied decorative and architectural features at
entrances, cornices, windows and rooflines.
g.
Building color and materials shall have a complimentary palate between
buildings that is consistent with the general theme of the development.
h.
Development with consideration of "human scale" shall be provided
through the use of strategically placed windows, doors, porches and
columns.
i.
To the extent practicable, buildings shall be oriented to maximize
daylighting of the interior of buildings or outdoor recreation areas.
j.
Exterior-mounted mechanical and electrical equipment exposed to the
public view shall be architecturally screened. Roof-mounted equipment
and projections should be painted the same color as the roof and,
where possible, located to the rear of the building, away from the
public view.
k.
Building construction shall utilize green building or sustainable
building methods to the extent practicable. While this is consistent
with the Township's long-standing tradition of environmental stewardship,
it is recognized such strategies may also be utilized to reduce the
operating and maintenance costs of low- and moderate-income households.
l.
Provisions for bicycle storage shall be provided at each residential
building.
[Ord. No. 2018-10]
The development plan for the tract shall include a formal landscape plan signed and sealed by a Landscape Architect licensed in the State of New Jersey. The development shall provide landscaping for the tract in accordance with applicable standards provided in the Technical Standards regulations of Chapter 22 herein inclusive of buffers, site and parking area landscape requirements.
[Ord. No. 2018-10]
All other provisions of the Revised General Ordinances of East
Windsor Township not in conflict with the provisions specified herein
for the R-M2 Residential Multifamily 2 Zoning District shall apply.
[Ord. No. 2018-11]
The purpose of this new section is to create an overlay zone
for this property to facilitate the creation of a multifamily affordable
housing development to permit appropriate densities for a municipally
sponsored, 100%, affordable housing development, to be located on
the property at 300-C Princeton Hightstown Road and identified as
Block 5, Lot 2.02 on the Township tax maps. The purpose of this zone
is to establish an affordable housing zone in accordance with a settlement
agreement between the East Windsor Township and Fair Share Housing
Center, Inc. ("Fair Share Housing Center" or "FSHC"), approved by
the Superior Court at a Fairness Hearing held on July 19, 2017 and
reflected in a Court Order also dated July 19, 2017 (collectively,
the "settlement agreement"), setting forth the Township's third round
affordable housing obligation covering the period 1999 to 2025. In
addition, the Township entered into an Agreement, between Township
of East Windsor and Community Investment Strategies, Inc., in January
2018 regarding 300-C Princeton Hightstown Road which included this
property as a mechanism to satisfy its obligation. This new zoning
district is an overlay zoning district to the existing RO Research
Office Zoning District which designation shall remain in full effect.
[Ord. No. 2018-11]
The maximum number of permitted dwelling units and affordable
housing units within the R-M AH — Residential Multifamily
Affordable Housing Zoning District is 80 multi-family units.
[Ord. No. 2018-11]
a.
Structures designed for recreation or community use as a part of
the multifamily affordable housing development.
b.
Outdoor patio and passive recreation area, which can include barbecue
areas.
c.
Tot lots, active recreation areas, and gardens including vegetable
gardens.
d.
Gazebos, pergolas and similar outdoor landscape structures.
e.
Dog parks.
f.
Off-street parking facilities.
g.
Community clubhouse with indoor amenities.
h.
Management and leasing offices.
i.
Maintenance office and storage areas.
j.
Maintenance shed not to exceed 120 square feet and 15 feet in height.
k.
Solid waste facilities.
l.
Signs. (See Subsection 20-5.16.7b for standards.)
[Ord. No. 2018-11]
a.
Utility
structures and facilities needed to provide the direct service of
gas, electricity, telephone, water, sewerage and cable television,
but not offices, garages, warehouses, maintenance areas or similar
commercially or industrially related operations of such companies
or utilities. All such equipment, devices and structures shall be
adequately screened from adjacent and surrounding properties and public
ways.
[Ord. No. 2018-11]
a.
The R-M AH Zoning District is designed to permit a maximum of 80
total multifamily units.
b.
Minimum parking setback shall be 5 feet from all property lines,
except the property line which adjoins the property identified as
Block 5, Lots 2.01 and 27.04 on the Township tax maps shall not have
a setback requirement.
c.
Minimum landscaped buffer adjacent to parking along property perimeter
shall be 10 feet from all property lines, except the property line
which adjoins the property identified as Block 5, Lots 2.01 and 27.04
on the Township tax maps shall not have a buffer requirement.
d.
Minimum distance from building to parking shall be 10 feet.
e.
Maximum number of dwelling units per building shall not exceed 25.
f.
There is no frontage requirement for this zoning district, access
shall be obtained through adjoining properties through recorded easements.
[1]
Editor's Note: Schedule of District Regulations is included
as an attachment to this chapter.
[Ord. No. 2018-11]
a.
Affordable housing units shall be affordable rentals and shall not
be age-restricted.
b.
Very-low-, low- and moderate-income housing shall be constructed
and rented in accordance with the Uniform Housing Affordability Controls
(UHAC) at N.J.A.C. 5:80-26.1, et seq., except that instead of 10%
of the affordable units being made affordable to households earning
30% of median income, 13% of the affordable units shall be made affordable
to such households. The affordable units shall also comply with the
UHAC regulations related to bedroom distribution and range of affordability.
UHAC regulations shall also govern pricing and rent of units, affirmative
marketing, and other affordability controls except if the development
is financed with the Low Income Housing Tax Credits (LIHTC) in which
case that program controls. Regardless of financing source, 13% of
the affordable units shall be made affordable to households earning
30% or less of median income as part of a minimum of 50% of the affordable
units being made affordable to households earning 50% or less of median
income.
c.
The LIHTC program requirements shall control and replace Subsections 20-20.5, 20-20.7, 20-20.9, 20-20.10, and 20-20.15 through 20-20.17 in this zoning district, provided that the Affirmative Fair Housing Marketing Plan required to be submitted by the LIHTC program requirements shall comply with the settlement agreement's requirements as to organizations to be notified of availability of and provided applications for units.
[Ord. 1989-4; Ord. 1991-11, § I; Ord.
1992-35, § II; Ord. No.
2015-08 § 1; Ord. No.
2018-11]
a.
Building Design. The design of the buildings shall be residential
and not institutional and shall conform to the following:
1.
Architectural elevations and floor plans shall be provided for each
type of building.
2.
Maximum length of buildings shall not exceed 180 feet.
3.
Variations in setback, materials, colors and design including breaks
in the building façade shall be encouraged to reduce and separate
the building mass.
4.
Rooflines shall be pitched. If flat roofs are provided, they shall
incorporate design techniques to shield any roof mounted equipment.
5.
All HVAC and mechanical equipment shall be adequately screened from
view.
6.
All units shall be designed in a unified architectural style.
b.
d.
Utilities/Services. All dwelling units within a structure shall be
connected to approved and functioning public water and sanitary sewer
systems prior to the issuance of certificates of occupancy.
[Ord. 1989-4]
a.
Detached
dwellings.
a.
Houses of worship on lots of two acres or larger with a minimum of
one parking space for each three seats, with the parking areas located
in the side or rear yard only and adequately buffered from adjoining
residential properties.
b.
Professional Offices on Transitional Lots:
1.
The building shall be as close in appearance to a single-family residential
building as is practical in order to effect a reasonable transition
from the business district to the residential district.
2.
The off-street parking area shall be located as close as possible
to the Commercial zone, and the access drive shall be located as far
from the residences in the single family district as is practical.
3.
Site development shall adhere to the building and setback requirements
as set forth in this chapter for the R-1 zoning district.
a.
See the Schedule of District Regulations of this chapter.
[1]
Editor's Note: The Schedule of District Regulations referred
to herein may be found as an attachment to this chapter.
a.
No driveway shall be located within three feet of a side or rear
property line.
b.
No more than one principal building shall be used as a detached dwelling
on a lot.
c.
Provisions for vehicle turnaround shall be made for each dwelling
fronting on a collector or arterial street.
d.
At least one of the required off-street parking spaces for detached
dwellings, patio homes and zero lot line homes shall be provided in
an attached or detached private garage or carport.
e.
The terms of the Residential Building Appearance provisions of this
chapter shall apply.
[Ord. 1989-4]
a.
None.
a.
The gross residential density shall not exceed 14 dwelling units
per acre. A nursing home shall not be considered in calculating density.
b.
The minimum development area shall be 30 acres in contiguous parcels.
c.
See the Schedule of District Regulations of this chapter.
[1]
Editor's Note: The Schedule of District Regulations referred
to herein may be found as an attachment to this chapter.
If a planned retirement community is located on contiguous property
which is partly in the Township and partly in an adjoining municipality,
buildings and facilities which are located in the adjoining municipality
shall be included in determining whether the requirements of this
section are met.
[Ord. 1994-25; Ord. 2004-16]
Office uses in accordance with the standards set forth herein
for the Research-Office zone.
a.
The gross residential density shall not exceed five dwelling units
per acre for a planned adult community.
b.
A nursing home shall not exceed a floor area ratio of .30.
c.
A senior citizen housing development with a minimum age of 62 years
shall not exceed a density of 14 units per acre, unless it can be
demonstrated that a higher density is warranted based upon the anticipated
occupancy of the building and that the use will not adversely impact
the sanitary sewer system due to effluent discharge which exceeds
that anticipated in the adopted utility services element of the master
plan.
d.
There shall be a minimum setback of 50 feet from all streets and
property lines, and residential uses shall be effectively buffered
and screened from nearby commercial or nonresidential uses.
e.
Total improvement coverage shall not exceed 50%.
f.
A residential development with a minimum age of 55 years shall not
exceed a density of eight units per acre.
[1]
Editor's Note: The Schedule of District Regulations referred
to herein may be found as an attachment to this chapter.
[Ord. 1989-4]
Development in this district shall continue to follow the provisions of § 20-35 of this chapter.
[Ord. 1992-35]
a.
None.
a.
Standards for development of a mobile home park shall be as set forth in Subsection 6-7.4 of the Revised General Ordinances.
b.
Manufactured homes, whether on individual lots or common land shall meet the same standards as set forth for mobile home parks in Subsection 6-7.4 of the Revised General Ordinances.
c.
Gross residential density for manufactured homes and mobile home
parks shall not exceed six units per acre.
d.
Off-street parking shall be provided at a rate of 1.25 parking spaces
per dwelling unit.
[Ord. 1989-4; Ord. 1991-9; Ord. 1991-11]
a.
Retail stores selling groceries and foodstuffs, drugs and pharmaceuticals,
fabrics, flowers, stationery, baked goods, hardware, sporting goods,
hobby supplies, and similar convenience items.
b.
Business establishments having as their primary function the rendering
of personal services within a building, including barber and beauty
shops, tailoring and dressmaking, dry cleaning, shoe repairing, self-service
laundries, radio and television service, upholsterers, appliance repair
shops, and similar convenience services.
c.
Restaurants, excluding fast food restaurants.
d.
Offices and office buildings, including medical professional.
e.
Banks and financial institutions.
f.
Day-care centers, child-care centers, and nursery schools.
g.
Art, music and dancing schools.
a.
Houses of worship on lots of two acres or larger with a minimum of
one parking space for each three seats, with the parking areas located
in the side or rear yard only and adequately buffered from adjoining
residential properties.[1]
[1]
Editor's Note: Former Subsection b, which permitted automobile
service stations as a conditional use and immediately followed this
subsection, was repealed 5-5-2020 by Ord. No. 2020-04.
See the Schedule of District Regulations of this chapter.
[1]
Editor's Note: The Schedule of District Regulations referred
to herein may be found as an attachment to this chapter.
[Ord. 1989-4; Ord. 1991-9; Ord. 1991-11; Ord. 1999-4; Ord. 2000-1]
All of the following uses require frontage on Route 130 or on
a street which intersects with Route 130. Lots which do not fall in
either category shall be limited to the uses in paragraphs d and g
below.
a.
Retail sales of goods. Preparation, processing, storage, warehousing
or manufacturing shall be permitted only if accessory to the retail
sale of goods on the premises.
b.
Business establishments having as their primary function the rendering
of personal services within a building. Preparation, processing, storage,
warehousing or manufacturing shall be permitted only if accessory
to the services rendered on the premises.
c.
Restaurants, including cocktail lounges and taverns.
d.
Offices and office buildings, including medical professional.
e.
Hotels and motels.
f.
Banks and financial institutions.
g.
Mortuaries and funeral homes.
h.
Lumber yard.
i.
Movie theater, bowling alley and similar recreation or cultural facilities
within a fully enclosed building.
j.
Commuter parking facilities.
k.
Day-care centers, child-care centers, and nursery schools.
a.
Houses of worship on lots of two acres or larger with a minimum of
one parking space for each three seats, with the parking areas located
in the side or rear yard only and adequately buffered from adjoining
residential properties.
b.
Automobile service stations with a minimum lot area of 30,000 square
feet, a minimum lot frontage of 250 feet, a minimum building setback
of 75 feet from the street line, a minimum side and rear yard of 40
feet, and a maximum improvement coverage of 80%. The fuel dispensers
shall be located a minimum of 20 feet from the street line and 35
feet from any side or rear lot line. Driveways shall not be wider
than 30 feet, and must be at least five feet from any side lot line
and a sufficient distance from a street intersection to assure the
safe and efficient movement of traffic. The entire area of a site
traversed by motor vehicles shall be paved and drained in a manner
approved by the Planning Board. All precautions shall be taken to
prevent gasoline, oil, and other petroleum products from entering
any storm drain. A minimum 15 foot wide strip across all unpaved street
frontages and property lines shall be landscaped as set forth in the
Technical Standards. Appropriate and visually effective planting buffer
screens shall be provided alongside and rear property lines which
abut private property in residential use or zoned for such use. Any
repair of motor vehicles is permitted in a fully enclosed building.
No motor vehicle shall be displayed for sale on the site, and no motor
vehicle shall be stored on the site for a period of longer than 90
days.
A canopy shall be permitted as a separate accessory structure
or as an attachment to the principal building. The height of the canopy
shall be no greater than 18 feet, and the canopy shall provide a minimum
clearance of 14 feet six inches. The length and width of the canopy
shall be no longer than that necessary to provide shelter to the vehicles
receiving service at the pump islands. The canopy may be extended
to the building from the pump islands, with no greater canopy mass
permitted than that which is required to provide shelter between the
pump islands and the building. Roof drains shall be provided and no
canopy shall be approved which allows direct runoff of stormwater
from the edge of the canopy. Lighting shall be permitted under the
canopy provided the light source is not visible from the street or
adjoining properties, and provided further that the lighting is directed
downward to provide illumination of the fuel dispensing area under
the canopy.
c.
Motor vehicle sales and other uses having as their primary function
the sale or rental of retail goods displayed outdoors, provided no
goods shall be displayed, stored or sold within 50 feet of a front
lot line. No goods shall be displayed in a manner which will impede
access by fire-fighting or other emergency equipment to any structure
or other goods on the premises. No goods shall be displayed, stored
or sold within 20 feet of a rear or side lot line. A landscape strip
or a landscape buffer at least 15 feet wide shall be provided along
each lot line.
d.
Carwash establishments shall be permitted provided all washing activities
are conducted within a fully enclosed building. All vehicle entrances
to the building shall be from the rear or side of the building and
all parked and waiting vehicles shall be accommodated on the lot.
All of the area, yard, building coverage and height requirements of
the HC district shall be met.
e.
Auto body shops and other automotive repair shops which do not sell
gasoline shall be permitted provided all repair activities are conducted
within a fully enclosed building. Any motor vehicle awaiting repair
may be located on the premises provided that said vehicle is located
in the rear or side yard and is screened from view such that no stored
vehicle is visible from the front of the premises or from any adjacent
premises. No motor vehicle shall be displayed for sale on the site.
No motor vehicle shall be stored on the site for a period longer than
90 days. All of the area, yard, building coverage and height requirements
of the HC district shall be met.
a.
Notwithstanding any provision of this chapter to the contrary, the
following minimum front yard setbacks shall be provided for development
within the HC Highway Commercial zoning district:
1.
When parking is excluded from the front yard, a minimum 50-foot front
yard principal building setback shall be provided, and when parking
is included in the front yard, a minimum 80-foot front yard setback
shall be provided; except that
2.
For properties zoned HC west of Lanning Boulevard along Route 571,
the front yard principal building and parking area setback from Route
571 shall be 75 feet and the front yard principal building and parking
area setback from One Mile Road shall be 50 feet.
b.
See the "Schedule of District Regulations" table of this chapter
for additional requirements.
[1]
Editor's Note: The Schedule of District Regulations referred
to herein may be found as an attachment to this chapter.
a.
Notwithstanding any provision of this chapter to the contrary, the
following minimum front yard landscaped buffer setback areas shall
be provided for developments within the HC zoning district in order
to mitigate against the appearance of buildings and paved areas from
the street and from abutting residential properties:
1.
A minimum 15-foot landscaped setback area shall be provided along
any street, except that, for HC zoned lands west of Lanning Boulevard
along Route 571, the minimum front yard landscaped setback shall be
75 feet along Route 571 and 50 feet along One Mile Road; and
2.
A minimum 25-foot landscaped buffer setback shall be provided along
any property line which abuts a residential zoning district or any
existing residential use.
b.
Driveways shall not be wider than 36 feet at any point and must be
at least ten feet from any side lot line and 100 feet from intersecting
street lines.
c.
Efforts shall be made to secure cross-access easements between adjoining
commercial properties to provide convenient access.
d.
For properties
zoned HC fronting Route 571 and east of One Mile Road, freestanding
signs, except for directional signs, shall be ground-mounted on a
solid base with no visible poles, columns or other upright supports.
Freestanding signs shall not exceed eight feet in height and shall
not be more than 100 square feet in size. This criterion shall apply
to signs adjacent to Route 571 only. For lots in the HC Zone with
additional frontage on Route 130 and Route 571, an additional freestanding
sign is permitted for the Route 130 frontage in accordance with Subsection
20-5.16.8a, as applicable, subject to said Route 130 sign being no
closer than 12 feet and no greater than 25 feet to the ROW of Route
130. Retail centers with frontage on Route 571 and Route 130 with
a lot area of 10 acres or greater are exempt from the freestanding
sign limitations in this section and shall comply with those referenced
in Subsection 20-5.16.8a.
[Amended 11-23-2021 by Ord. No. 2021-07]
[Added 5-5-2020 by Ord.
No. 2020-03]
[Added 5-5-2020 by Ord.
No. 2020-03]
All of the following uses require frontage on Route 130 or on
a street which intersects with Route 130. Lots which do not fall in
either category shall be limited to the uses in Subsections d and
g below.
a.
Retail Sales of Goods. Preparation, processing, storage, warehousing
or manufacturing shall be permitted only if accessory to the retail
sale of goods on the premises.
b.
Business establishments having as their primary function the rendering
of personal services within a building. Preparation, processing, storage,
warehousing or manufacturing shall be permitted only if accessory
to the services rendered on the premises.
c.
Restaurants, including cocktail lounges and taverns.
d.
Offices and office buildings, including medical professional.
e.
Hotels and motels.
f.
Banks and financial institutions.
g.
Mortuaries and funeral homes.
h.
Lumber yard.
i.
Movie theater, bowling alley and similar recreation or cultural facilities
within a fully enclosed building.
j.
Commuter parking facilities.
k.
Day-care centers, childcare centers, and nursery schools.
[Added 5-5-2020 by Ord.
No. 2020-03]
[Added 5-5-2020 by Ord.
No. 2020-03]
a.
Houses of worship on lots of two acres or larger with a minimum of
one parking space for each three seats, with the parking areas located
in the side or rear yard only and adequately buffered from adjoining
residential properties.
b.
Motor vehicle sales and other uses having as their primary function
the sale or rental of retail goods displayed outdoors, provided no
goods shall be displayed, stored or sold within 50 feet of a front
lot line. No goods shall be displayed in a manner which will impede
access by firefighting or other emergency equipment to any structure
or other goods on the premises. No goods shall be displayed, stored
or sold within 20 feet of a rear or side lot line. A landscape strip
or a landscape buffer at least 15 feet wide shall be provided along
each lot line.
c.
Car wash establishments shall be permitted provided all washing activities
are conducted within a fully enclosed building. All vehicle entrances
to the building shall be from the rear or side of the building and
all parked and waiting vehicles shall be accommodated on the lot.
All of the area, yard, building coverage and height requirements of
the HC district shall be met.
d.
Auto body shops and other automotive repair shops which do not sell
gasoline shall be permitted provided all repair activities are conducted
within a fully enclosed building. Any motor vehicle awaiting repair
may be located on the premises provided that said vehicle is located
in the rear or side yard and is screened from view such that no stored
vehicle is visible from the front of the premises or from any adjacent
premises. No motor vehicle shall be displayed for sale on the site.
No motor vehicle shall be stored on the site for a period longer than
90 days. All of the area, yard, building coverage and height requirements
of the HC district shall be met.
[Added 5-5-2020 by Ord.
No. 2020-03]
a.
Notwithstanding any provision of this chapter to the contrary, the
following minimum front yard setbacks shall be provided for development
within the HC-2 Highway Commercial 2 zoning district: when parking
is excluded from the front yard, a minimum fifty-foot front yard principal
building setback shall be provided, and when parking is included in
the front yard, a minimum eighty-foot front yard setback shall be
provided.
[Added 5-5-2020 by Ord.
No. 2020-03]
a.
Notwithstanding any provision of this chapter to the contrary, the
following minimum front yard landscaped buffer setback areas shall
be provided for developments within the HC-2 zoning district in order
to mitigate against the appearance of buildings and paved areas from
the street and from abutting residential properties. A minimum twenty-five-foot
landscaped buffer setback shall be provided along any property line
which abuts a residential zoning district or any existing residential
use.
b.
Driveways shall not be wider than 36 feet at any point and must be
at least 10 feet from any side lot line and 100 feet from intersecting
street lines.
c.
Efforts shall be made to secure cross-access easements between adjoining
commercial properties to provide convenient access.
[Ord. 1989-4; Ord. 1998-13]
[Ord. No. 1989-4; Ord. No. 2016-6 § 1]
a.
Hotels and motels, not including tourist cabins, trailer camps or
camp sites.
b.
Restaurants, including cafes, cocktail lounges and taverns excluding
drive-in and fast food restaurants with drive-through service windows.
c.
Office buildings, including medical office.
d.
Day-care centers, child-care centers, and nursery schools.
e.
Retail sales and service including caterer, bakery, copy store, party
supply rental, tuxedo rental shops, florists, stationery stores, bakeries,
sporting goods stores, hobby shops and jewelry stores.
f.
Garden center.
g.
Indoor and outdoor recreation and fitness.
h.
Technical and professional schools, training and conference centers.
i.
Financial institutions.
a.
Office buildings meeting the requirements set forth for the TC District
in the Schedule of District Regulations.
[1]
Editor's Note: The Schedule of District Regulations referred
to herein may be found as an attachment to this chapter.
a.
The minimum front yard setback and landscape strip in the TC District
shall be as follows: along any existing or proposed expressway and
its appurtenant ramps, a front yard of 100 feet and a landscape strip
of 30 feet; along any other street when parking is provided in the
front yard, a front yard of 80 feet and a landscape strip of 15 feet;
and along any other street when parking is excluded from the front
yard, a front yard of 50 feet and no landscape strip required.
b.
Front, side and rear setbacks, as set forth in the Schedule of District
Regulations, shall be increased by ten feet for each additional ten
feet in building height or fraction thereof in excess of 35 feet.
Maximum improvement coverage shall be decreased by five percentage
points for each additional ten feet in building height or fraction
thereof in excess of 35 feet.
c.
See the Schedule of District Regulations of this chapter.
[1]
Editor's Note: The Schedule of District Regulations referred
to herein may be found as an attachment to this chapter.
A landscape buffer at least 25 feet wide shall be provided along
all property lines which abut residential districts or residential
uses. The buffer shall be planted with a visually effective screen.
[Ord. 1989-4; Ord. 1998-13; Ord. 2000-1; Ord. 2010-11]
[Ord. 1989-4; Ord. 1991-11, § I; Ord.
1992-35, § II; Ord. No.
2015-08 § 1]
a.
Manufacturing, preparation, processing or fabrication of products,
with all activities and product storage taking place within a completely
enclosed building.
b.
Scientific or research laboratories which are devoted to research,
design and experimentation including experimental operation of equipment
and pilot plants.
c.
The warehousing or storage of products within a completely enclosed
building provided that no retail sales or motor freight facilities
shall be permitted except as incidental and accessory to a permitted
or conditional use.
[Ord. No. 2015-08]
d.
Computer centers.
e.
Pharmaceutical operations.
f.
Offices and office buildings, including medical professional.
g.
Industrial office parks meeting the specific Bulk and Area Requirements set forth in Subsection 20-19.4 of this chapter.
h.
Commuter parking facilities.
i.
Agricultural and horticultural uses.
j.
Day-care centers, child-care centers, and nursery schools.
a.
Uses on the same lot which are customarily incidental to any of the
above permitted uses which may include but shall not be limited to
storage within a completely enclosed building.
b.
A cafeteria or other service facility located within a building and
operated for the exclusive use of occupants of the complex.
c.
A recreational area for the occupants.
d.
Living quarters for watchmen and caretakers.
e.
Off-street parking and loading facilities.
f.
Retail and wholesale sale of goods, wares and merchandise provided
that such sales are on the same lot and clearly incidental to a permitted
use in which such goods, wares and merchandise are manufactured, processed
or packaged.
g.
Television and radio recording and other communications facilities,
including accessory antennae located on the same lot.
a.
Helistops as an accessory to a permitted use subject to a finding
that the anticipated landing and take-off patterns will not be a nuisance
to residential development.
b.
Restaurants, excluding fast food restaurants and drive-in restaurants,
when located within industrial office parks of 100 acres or more,
provided the following conditions are met:
1.
There shall be no more than one restaurant for each 100 acres of
industrial office park area.
2.
A traffic study shall be submitted demonstrating that the restaurant
traffic will not adversely impact on the internal and external road
networks.
3.
Restaurants shall be open to the general public.
4.
Restaurant design shall be consistent with that of the industrial
office park development.
c.
Hotels and motels, not including tourist cabins, trailer camps or
camp sites, meeting the standards of the TC District as set forth
in the Schedule of District Regulations of this chapter.
[1]
Editor's Note: The Schedule of District Regulations referred
to herein may be found as an attachment to this chapter.
a.
The minimum front yard setback and landscape strip in the R-O District
shall be as follows:
1.
Along County Route 571, a front yard of 175 feet and a landscape
strip of 175 feet.
2.
Along One Mile Road, Edinburgh Road, Millstone Road, North Main Street,
Route 130, Wyckoff Mills Road, proposed Route 92, the New Jersey Turnpike
and Probasco Road, a front yard of 150 feet and a landscape strip
of 100 feet.
3.
From all other public streets, a front yard of 100 feet and a landscape
strip of 50 feet.
b.
The minimum side and rear yard landscape buffer shall be 50 feet,
except that when adjacent to a residential district a 100 foot landscape
buffer shall be provided.
c.
Industrial office parks shall be a minimum of 25 acres in land area
and they shall have no less than 500 feet of frontage on a public
road. The Planning Board shall require the applicant to establish
such organizational, administrative and financial arrangements and
guarantees as are necessary to satisfy the Board that common property
can be adequately maintained on a permanent basis. Lot sizes and dimensions
shall be freely disposed throughout the industrial office park provided
the development in total does not exceed the height, floor area ratio
or coverage requirements of this district. Yards, lot areas and other
dimensional requirements of this chapter may be altered in the internal
parts of the industrial office park provided the external landscaped
buffers and setbacks are maintained.
d.
See the schedule of District Regulations of this chapter.
[1]
Editor's Note: The Schedule of District Regulations referred
to herein may be found as an attachment to this chapter.
Freestanding signs, except for directional signs, shall be ground-mounted
on a solid base with no visible poles, columns or other upright supports.
Freestanding signs shall not exceed eight feet in height and shall
not be more than 100 square feet in size.
[Ord. 1989-4; Ord. 1991-11; Ord. 1992-35; Ord. 1998-13; Ord. 2014-05]
a.
Manufacturing, preparation, processing or fabrication of products,
with all activities and product storage taking place within a completely
enclosed building.
b.
Scientific or research laboratories which are devoted to research,
design and experimentation including experimental operation of equipment
and pilot plants.
c.
The warehousing or storage of products within a completely enclosed
building provided that no retail sales or motor freight facilities
shall be permitted except as incidental and accessory to a permitted
or conditional use.
d.
Computer centers.
e.
Pharmaceutical operations.
f.
Offices and office buildings, including medical professional.
g.
Industrial office parks meeting the specific Bulk and Area Requirements as set forth in Subsection 20-19.4 of this chapter.
h.
Commuter parking facilities.
i.
Agricultural and horticultural uses.
j.
Day care centers, child care centers, and nursery schools.
a.
Uses on the same lot which are customarily incidental to any of the
above permitted uses which may include but shall not be limited to
storage within a completely enclosed building.
b.
A cafeteria or other service facility located within a building and
operated for the exclusive use of occupants of the building.
c.
A recreational area for the occupants.
d.
Living quarters for watchmen and caretakers.
e.
Off-street parking and loading facilities.
f.
Retail and wholesale sale of goods, wares and merchandise provided
that such sales are on the same lot and clearly incidental to a permitted
use in which such goods, wares and merchandise are manufactured, processed
or packaged.
g.
Television and radio recording and other communications facilities,
including accessory antennae located on the same lot.
a.
Helistops as an accessory to a permitted use subject to a finding
that the anticipated landing and take-off patterns will not be a nuisance
to residential development.
b.
Restaurants, excluding fast food restaurants and drive-in restaurants,
when located within industrial office parks of 100 acres or more,
provided the following conditions are met:
1.
There shall be no more than one restaurant for each 100 acres of
industrial office park area.
2.
A traffic study shall be submitted demonstrating that the restaurant
traffic will not adversely impact on the internal and external road
networks.
3.
Restaurants shall be open to the general public.
4.
Restaurant design shall be consistent with that of the industrial
office park development.
c.
Hotels and motels, not including tourist cabins, trailer camps or
camp sites, meeting the standards of the TC District as set forth
in the Schedule of District Regulations of this chapter.
d.
Buildings which include floor area devoted to warehousing or storage
of products or which function as distribution centers shall be permitted
to exceed the floor area ratio for the I-O district of 0.25. The floor
area ratio maximum under the provisions of this conditional use procedure
shall not exceed 0.40 and the following standards shall apply in order
to qualify for this higher floor area ratio:
1.
At least 50% of the gross floor area of the building or buildings
on the site is devoted to warehousing or storage of products.
2.
Conditions will be imposed on the use of the building to assure that
the warehousing and storage minimum of 50% of gross floor area is
maintained.
3.
The allowable building coverage as set forth in Schedule of District
Regulations shall be permitted to increase to 40% in order to accommodate
the increased allowable floor area ratio. The maximum improvement
coverage of 75% shall not be exceeded.
[1]
Editor's Note: The Schedule of District Regulations referred
to herein may be found as an attachment to this chapter.
a.
The minimum front yard setback and landscape strip in the I-O District
shall be as follows:
b.
The minimum side and rear yard landscape buffer shall be 50 feet,
except that when adjacent to a residential district a 100 foot landscape
buffer shall be provided.
c.
Industrial office parks shall be a minimum of 25 acres in land area
and they shall have no less than 500 feet of frontage on a public
road. The Planning Board shall require the applicant to establish
such organizational, administrative and financial arrangements and
guarantees as are necessary to satisfy the board that common property
can be adequately maintained on a permanent basis. Lot sizes and dimensions
shall be freely disposed throughout the industrial office park provided
the development in total does not exceed the height, floor area ratio
or coverage requirements of this district. Yards, lot areas and other
dimensional requirements of this chapter may be altered in the internal
parts of the industrial office park provided the external landscape
buffers and setbacks are maintained.
d.
See the Schedule of District Regulations of this chapter.
[1]
Editor's Note: The Schedule of District Regulations referred
to herein may be found as an attachment to this chapter.
Notwithstanding any other ordinance provision to the contrary,
the following ordinance provisions shall govern the development of
a continuing care development (CCD) in the "I-O" zoning district:
a.
The continuing care development (CCD) may only occur on a tract of
land at least 50 acres in area to the west of the New Jersey Turnpike
and with vehicular access from two collector roadways.
b.
The CCD shall consist of the following three component principal
uses:
1.
Life care residences including, but not limited to, assisted living,
nursing home and/or skilled nursing care, post acute or sub-acute
care, Alzheimer's/dementia care, and hospice and palliative care,
provided that no more than 170 total beds shall be permitted.
2.
Independent senior housing units for people at least 55 years old,
provided that no more than 120 total dwelling units shall be permitted.
3.
Life care community services including, but not limited to, adult
day care; senior health and wellness services; senior care education,
training and research services; health rehabilitation services; visiting
nurse and hospice care services; and life-care and geriatric coordination
services.
c.
Permitted accessory uses and activities will include central dining
facilities, recreational and social activities, administrative and
medical offices, hair salons, off-street parking, and other customary,
incidental and subordinate accessory uses.
d.
One freestanding development identification sign shall be permitted
at each driveway entrance into the development from a public street.
Any such sign shall be ground-mounted on a solid base with no visible
poles, columns or other upright supports, shall not exceed eight feet
in height, shall not be more than 100 square feet in area, and shall
be set back at least 15 feet from any street right-of-way and tract
boundary line.
e.
A minimum 100 foot wide landscaped buffer area shall be provided
along any street right-of-way and any tract boundary line which abuts
a residential zoning district or existing residential land use.
1.
The 75 foot width of the landscaped buffer area abutting any tract
boundary line shall have buffer plantings installed atop and along
earthen berms as approved by the Planning Board.
2.
The remaining 25 foot width of the landscaped buffer area may consist
of a grassed area atop a stabilized base suitable for emergency vehicle
access.
f.
Notwithstanding any other ordinance provision to the contrary, the
following measurements shall govern the development of the CCD:
|
Measurement
|
Requirement
|
|---|---|
|
Minimum lot width
|
300 ft.
|
|
Minimum lot depth
|
1,500 ft.
|
|
Minimum front yard setback
|
250 ft.
|
|
Minimum building setback from any tract boundary line
|
100 ft.
|
|
Minimum parking setback from any tract boundary line
|
50 ft.
|
|
Maximum building height
|
48 ft. & 3 stories*
|
|
Measurement
|
Requirement
|
|
Maximum building coverage
|
10%
|
|
Maximum improvement coverage
|
30%
|
|
*Note: Ornamental architectural features such as cupolas, tower
structures, etc. may be provided atop the roof line, provided they
occupy no more than 10% of the linear distance of any roof line and
that, in any case, no portion of any building is higher than 55 feet.
|
g.
The following minimum off-street parking shall be provided; however,
additional parking spaces may be required by the Planning Board to
be provided and/or be banked for possible future construction based
upon evidence presented to the board during their review of a submitted
application for development:
|
Life Care Residences:
|
1.1 spaces per bed
|
|
Independent Senior Housing Units:
|
1.2 spaces per dwelling unit
|
|
Life Care Community Services:
|
1 space per 400 sq. ft.
|
h.
The design of the CCD, though subject to change and refinement between
the Township and the developer, shall be patterned after the March
24, 2014 "Concept Plan" prepared by Maser Consulting.
[Ord. Nos. 1985-26, 2000-16,
2017-09 § 1; Superseded by Ord. No. 2017-16 § 1]
a.
This section of the Township ordinances sets forth regulations regarding
the low and moderate income housing units in the Township consistent
with the provisions known as the "Substantive Rules of the New Jersey
Council on Affordable Housing" ("COAH"), N.J.A.C. 5:93 et seq., the
Uniform Housing Affordability Controls ("UHAC"), N.J.A.C. 5:80-26.1
et seq., and the Township's constitutional obligation to provide a
fair share of affordable housing for low and moderate income households.
In addition, this section applies requirements for very-low income
housing as established in P.L. 2008, c. 46, at N.J.S.A. 52:27D-329.1.
b.
This section is intended to assure that very-low-, low- and moderate-income
units ("affordable units") are created with controls on affordability
over time and that very-low, low- and moderate-income households shall
occupy these units. This section shall apply except where inconsistent
with applicable law.
c.
The Township Planning Board has previously adopted a Housing Element
and Fair Share Plan pursuant to the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq. The Plan has also been endorsed by the Township Council.
The Fair Share Plan describes the ways the Township shall address
its fair share for low- and moderate-income housing as determined
by COAH or the Superior Court and documented in the Housing Element.
d.
This section implements and incorporates the Fair Share Plan and
addresses the requirements of N.J.A.C. 5:93, as may be amended and
supplemented, UHAC and the NJ Fair Housing Act ("FHA"), N.J.S.A. 52:27D-301,
et seq.
e.
Pursuant to the requirements of the FHA, the Township shall file
annual monitoring reports and status reports with COAH or the Superior
Court and place the reports on its municipal website. Any plan evaluation
report of the Housing Element and Fair Share Plan and monitoring prepared
by the Special Master in accordance with N.J.A.C. 5:91 shall be available
to the public at the Township Municipal Building, 16 Lanning Boulevard,
East Windsor, NJ 08520.
As used herein, the following terms shall have the following
meanings:
A self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters and a private entrance, which
is created within an existing home, or through the conversion of an
existing accessory structure on the same site, or by an addition to
an existing home or accessory building, or by the construction of
a new accessory structure on the same site.
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.).
Constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.
The entity responsible for the administration of affordable
units in accordance with this section, N.J.A.C. 5:91, N.J.A.C. 5:93
and N.J.A.C. 5:80-26.1 et seq.
A regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
The average percentage of median income at which restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
A sales price or rent within the means of a very-low, low-
or moderate-income household as defined in N.J.A.C. 5:93-7.4 and in
N.J.S.A. 52:27D-329.1 for very-low income units; in the case of an
ownership unit, that the sales price for the unit conforms to the
standards set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented,
and, in the case of a rental unit, that the rent for the unit conforms
to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended
and supplemented.
A housing development all or a portion of which consists
of restricted units.
A development included in the Housing Element and Fair Share
Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project or a 100% affordable development.
Any mechanism in a municipal Fair Share Plan prepared or
implemented to address a municipality's fair share obligation.
A housing unit proposed or created pursuant to the Act, credited
pursuant to N.J.A.C. 5:93, and/or funded through an affordable housing
trust fund.
The New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1, et seq.).
A housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that: 1) all the residents of the development where the unit
is situated are 62 years or older; or 2) at least 80% of the units
are occupied by one person that is 55 years or older; or 3) the development
has been designated by the Secretary of the U.S. Department of Housing
and Urban Development as "housing for older persons" as defined in
Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. §
3607.
A structure in which households live in distinct bedrooms,
yet share kitchen and plumbing facilities, central heat and common
areas. Alternative living arrangement includes, but is not limited
to: transitional facilities for the homeless, Class A, B, C, D, and
E boarding homes as regulated by the New Jersey Department of Community
Affairs; residential health care facilities as regulated by the New
Jersey Department of Health; group homes for the developmentally disabled
and mentally ill as licensed and/or regulated by the New Jersey Department
of Human Services; and congregate living arrangements.
A facility licensed by the New Jersey Department of Health
and Senior Services to provide apartment-style housing and congregate
dining and to assure that assisted living services are available when
needed for four or more adult persons unrelated to the proprietor
and that offers units containing, at a minimum, one unfurnished room,
a private bathroom, a kitchenette and a lockable door on the unit
entrance.
A household that has been certified by an Administrative
Agent as a low-income household or moderate-income household.
The Council on Affordable Housing, which is in, but not of,
the Department of Community Affairs of the State of New Jersey, that
was established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301
et seq.).
The State of New Jersey Department of Community Affairs.
A housing unit with health and safety code violations that
require the repair or replacement of a major system. A major system
includes weatherization, roofing, plumbing (including wells), heating,
electricity, sanitary plumbing (including septic systems), lead paint
abatement and/or load bearing structural systems.
Any person, partnership, association, company or corporation
that is the legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development including the holder
of an option to contract or purchase, or other person having an enforceable
proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any
building or other structure, or of any mining, excavation or landfill,
and any use or change in the use of any building or other structure,
or land or extension of use of land, for which permission may be required
pursuant to N.J.S.A. 40:55D-1 et seq.
The plan that describes the mechanisms, strategies and the
funding sources, if any, by which the Township proposes to address
its affordable housing obligation as established in the Housing Element,
including the draft ordinances necessary to implement that plan, and
addresses the requirements of N.J.A.C. 5:93-5.
The portion of the Township Master Plan, required by the
Municipal Land Use Law ("MLUL"), N.J.S.A. 40:55D-28b(3) and the Act,
that includes the information required by N.J.A.C. 5:93-5.1 and establishes
the Township's fair share obligation.
A development containing both affordable units and market
rate units. This term includes, but is not necessarily limited to:
new construction, the conversion of a non-residential structure to
residential and the creation of new affordable units through the reconstruction
of a vacant residential structure.
A household with a total gross annual household income equal
to 50% or less of the median household income.
A restricted unit that is affordable to a low-income household.
The primary structural, mechanical, plumbing, electrical,
fire protection, or occupant service components of a building which
include but are not limited to, weatherization, roofing, plumbing
(including wells), heating, electricity, sanitary plumbing (including
septic systems), lead paint abatement or load bearing structural systems.
Housing not restricted to low- and moderate-income households
that may sell or rent at any price.
The median income by household size for the applicable county,
as adopted annually by COAH or approved by the NJ Superior Court.
A household with a total gross annual household income in
excess of 50% but less than 80% of the median household income.
A restricted unit that is affordable to a moderate-income
household.
Any sale or transfer of ownership other than the transfer
of ownership between spouses; the transfer of ownership between former
spouses ordered as a result of a judicial decree of divorce or judicial
separation, but not including sales to third parties; the transfer
of ownership between family members as a result of inheritance; the
transfer of ownership through an executor's deed to a class A beneficiary
and the transfer of ownership by court order.
A process by which currently income-eligible households are
selected for placement in affordable housing units such that no preference
is given to one applicant over another except for purposes of matching
household income and size with an appropriately priced and sized affordable
unit (e.g., by lottery).
The maximum housing value in each housing region affordable
to a four-person household with an income at 80% of the regional median
as defined by adopted/approved Regional Income Limits.
The repair, renovation, alteration or reconstruction of any
building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C.
5:23-6.
The gross monthly cost of a rental unit to the tenant, including
the rent paid to the landlord, as well as an allowance for tenant-paid
utilities computed in accordance with allowances published by DCA
for its Section 8 program. In assisted living residences, rent does
not include charges for food and services.
A dwelling unit, whether a rental unit or ownership unit,
that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as may be amended and supplemented, but does not include a market-rate
unit financed under UHORP or MONI.
An expert appointed by a judge to make sure that judicial
orders are followed. A master's function is essentially investigative,
compiling evidence or documents to inform some future action by the
court.
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26.1, et seq.
A household with a total gross annual household income equal
to 30% or less of the median household income.
A restricted unit that is affordable to a very-low-income
household.
Building insulation (for attic, exterior walls and crawl
space), siding to improve energy efficiency, replacement storm windows,
replacement storm doors, replacement windows and replacement doors,
and is considered a major system for rehabilitation.
New construction or inclusionary component will be divided equally
between low- (including very-low-income) and moderate-income households,
per N.J.A.C. 5:93-2.20.
The following requirements shall apply to all new or planned
developments that contain low- (including very-low income) and moderate-income
housing units.
a.
Phasing. Final site plan or subdivision approval shall be contingent
upon the affordable housing development meeting the following phasing
schedule for low and moderate income units whether developed in a
single phase development, or in a multi-phase development:
|
Maximum Percentage of Market-Rate Units Completed
|
Minimum Percentage of Low- and Moderate- Income Units Completed
|
|---|---|
|
25
|
0
|
|
25+1
|
10
|
|
50
|
50
|
|
75
|
75
|
|
90 100
|
b.
Design, Distribution, and Locational Criteria. To the extent reasonably
attainable, the very-low-, low- and moderate-income units shall not
be situated in less desirable locations and should be as accessible
to the common open space, public facilities or shopping facilities,
if any are provided, as market rate units. In inclusionary developments,
the affordable units shall be dispersed throughout the development.
c.
Payments-in-lieu and off-site construction. The standards for the
collection of payments-in-lieu of constructing affordable units or
standards for constructing affordable units off-site, shall be in
accordance with N.J.A.C. 5:93-8.10 (c).
d.
Utilities. Affordable units shall utilize the same type of heating
source as market units within the affordable development.
e.
Low/Moderate Split and Bedroom Distribution of Affordable Housing
Units:
1.
The fair share obligation shall be divided equally between low- and
moderate- income units, except that where there is an odd number of
affordable housing units, the extra unit shall be a low income unit.
2.
In each affordable development, at least 50% of the restricted units
within each bedroom distribution shall be low-income units.
3.
Within rental developments, of the total number of affordable rental
units, at least 13% shall be affordable to very-low income households.
4.
Affordable developments that are not age-restricted shall be structured
in conjunction with realistic market demands such that:
(a)
The combined number of efficiency and one-bedroom units shall
be no greater than 20% of the total low- and moderate-income units;
(b)
At least 30% of all low- and moderate-income units shall be
two bedroom units;
(c)
At least 20% of all low- and moderate-income units shall be
three bedroom units; and
(d)
The remaining units may be allocated among two and three bedroom
units at the discretion of the developer.
5.
Affordable developments that are age-restricted shall be structured
such that the number of bedrooms shall equal the number of age-restricted
low- and moderate-income units within the inclusionary development.
The standard may be met by having all one-bedroom units or by having
a two-bedroom unit for each efficiency unit.
f.
Accessibility Requirements:
1.
The first floor of all restricted townhouse dwelling units and all
restricted units in all other multistory buildings shall be subject
to the technical design standards of the Barrier Free Subcode, N.J.A.C.
5:23-7.
2.
All restricted townhouse dwelling units and all restricted units
in other multistory buildings in which a restricted dwelling unit
is attached to at least one other dwelling unit shall have the following
features:
(a)
An adaptable toilet and bathing facility on the first floor;
(b)
An adaptable kitchen on the first floor;
(c)
An interior accessible route of travel on the first floor;
(d)
An interior accessible route of travel shall not be required
between stories within an individual unit;
(e)
An adaptable room that can be used as a bedroom, with a door
or the casing for the installation of a door, on the first floor;
and
(f)
An accessible entranceway as set forth at P.L. 2005, c. 350
(N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C.
5:23-7, or evidence that the Township has collected funds from the
developer sufficient to make 10% of the adaptable entrances in the
development accessible:
(1)
Where a unit has been constructed with an adaptable entrance,
upon the request of a disabled person who is purchasing or will reside
in the dwelling unit, an accessible entrance shall be installed.
(2)
To this end, the builder of restricted units shall deposit funds
within the Township of East Windsor's affordable housing trust fund
sufficient to install accessible entrances in 10% of the affordable
units that have been constructed with adaptable entrances.
(3)
The funds deposited under paragraph f2(f)(2) herein, shall be
used by the Township for the sole purpose of making the adaptable
entrance of any affordable unit accessible when requested to do so
by a person with a disability who occupies or intends to occupy the
unit and requires an accessible entrance.
(4)
The developer of the restricted units shall submit a design
plan and cost estimate for the conversion from adaptable to accessible
entrances to the Construction Official of the Township of East Windsor.
(5)
Once the Construction Official has determined that the design
plan to convert the unit entrances from adaptable to accessible meet
the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7, and
that the cost estimate of such conversion is reasonable, payment shall
be made to the Township affordable housing trust fund in care of the
municipal Chief Finance Officer who shall ensure that the funds are
deposited into the affordable housing trust fund and appropriately
earmarked.
(6)
Full compliance with the foregoing provisions shall not be required
where an entity can demonstrate that it is site impracticable to meet
the requirements. Determinations of site impracticability shall be
in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.
In conjunction with realistic market information, the following
criteria will be used in determining maximum rents and sale prices:
a.
In establishing rents and sales prices of affordable housing units,
the administrative agent shall follow the procedures set forth in
UHAC and by the Superior Court, utilizing the regional income limits
established.
b.
The maximum rent for restricted rental units within each affordable
development shall be affordable to households earning no more than
60% of median income, and the average rent for restricted low- and
moderate-income units shall be affordable to households earning no
more than 52% of median income.
c.
The developers and/or municipal sponsors of restricted rental units
shall establish at least one rent for each bedroom type for both low-income
and moderate-income units.
1.
At least 13% of all low- and moderate-income rental units shall be
affordable to households earning no more than 30% of median income.
d.
The maximum sales price of restricted ownership units within each
affordable development shall be affordable to households earning no
more than 70% of median income, and each affordable development must
achieve an affordability average of 55% for restricted ownership units;
in achieving this affordability average, moderate-income ownership
units must be available for at least three different prices for each
bedroom type, and low-income ownership units must be available for
at least two different prices for each bedroom type.
e.
In determining the initial sales prices and rents for compliance
with the affordability average requirements for restricted units other
than assisted living facilities, the following standards shall be
met:
1.
A studio or efficiency unit shall be affordable to a one-person household;
2.
A one-bedroom unit shall be affordable to a one and one-half person
household;
3.
A two-bedroom unit shall be affordable to a three-person household;
4.
A three-bedroom unit shall be affordable to a four and one-half person
household; and
5.
A four-bedroom unit shall be affordable to a six-person household.
f.
In determining the initial rents for compliance with the affordability
average requirements for restricted units in assisted living facilities,
the following standards shall be met:
g.
The initial purchase price for all restricted ownership units shall
be calculated so that the monthly carrying cost of the unit, including
principal and interest (based on a mortgage loan equal to 95% of the
purchase price and the Federal Reserve H.15 rate of interest), taxes,
homeowner and private mortgage insurance and condominium or homeowner
association fees do not exceed 28% of the eligible monthly income
of the appropriate size household as determined under N.J.A.C. 5:80-26.4,
as may be amended and supplemented; provided, however, that the price
shall be subject to the affordability average requirement of N.J.A.C.
5:80-26.3, as may be amended and supplemented.
h.
The initial rent for a restricted rental unit shall be calculated
so as not to exceed 30% of the eligible monthly income of the appropriate
household size as determined under N.J.A.C. 5:80-26.4, as may be amended
and supplemented; provided, however, that the rent shall be subject
to the affordability average requirement of N.J.A.C. 5:80-26.3, as
may be amended and supplemented.
i.
The price of owner-occupied low- and moderate-income units may increase
annually based on the percentage increase in the regional median income
limit for each housing region. In no event shall the maximum resale
price established by the administrative agent be lower than the last
recorded purchase price.
j.
The rent of low- and moderate-income units may be increased annually
based on the percentage increase in the Housing Consumer Price Index
for the United States. This increase shall not exceed 9% in any one
year. Rents for units constructed pursuant to low- income housing
tax credit regulations shall be indexed pursuant to the regulations
governing low- income housing tax credits.
k.
Tenant-paid utilities that are included in the utility allowance
shall be so stated in the lease and shall be consistent with the utility
allowance approved by DCA for its Section 8 program.
For any affordable housing unit that is part of a condominium
association and/or homeowners' association, the Master Deed shall
reflect that the association fee assessed for each affordable housing
unit shall be established at 100% of the market rate fee.
a.
The Township shall adopt by resolution an Affirmative Marketing Plan,
subject to approval of COAH or the Superior Court, compliant with
N.J.A.C. 5:80-26.15, as may be amended and supplemented.
b.
The affirmative marketing plan is a regional marketing strategy designed
to attract buyers and/or renters of all majority and minority groups,
regardless of race, creed, color, national origin, ancestry, marital
or familial status, gender, affectional or sexual orientation, disability,
age or number of children to housing units which are being marketed
by a developer, sponsor or owner of affordable housing. The affirmative
marketing plan is also intended to target those potentially eligible
persons who are least likely to apply for affordable units in that
region. It is a continuing program that directs all marketing activities
toward COAH Housing Region 4 and covers the period of deed restriction.
c.
The affirmative marketing plan shall provide a regional preference
for all households that live and/or work in COAH Housing Region 4,
comprised of Mercer, Monmouth, and Ocean Counties.
d.
The Administrative Agent designated by the Township shall assure
the affirmative marketing of all affordable units is consistent with
the Affirmative Marketing Plan for the municipality.
e.
In implementing the affirmative marketing plan, the Administrative
Agent shall provide a list of counseling services to low- and moderate-income
applicants on subjects such as budgeting, credit issues, mortgage
qualification, rental lease requirements, and landlord/tenant law.
f.
The affirmative marketing process for available affordable units
shall begin at least four months prior to the expected date of occupancy.
g.
The costs of advertising and affirmative marketing of the affordable
units shall be the responsibility of the developer, sponsor or owner,
unless otherwise determined or agreed to by the Township of East Windsor.
a.
In referring certified households to specific restricted units, to
the extent feasible, and without causing an undue delay in occupying
the unit, the Administrative Agent shall strive to:
b.
Additional provisions related to occupancy standards (if any) shall
be provided in the municipal Operating Manual.
a.
Control periods for restricted ownership units shall be in accordance
with N.J.A.C. 5:80-26.5, and each restricted ownership unit shall
remain subject to the controls on affordability for a period of at
least 30 years.
b.
Rehabilitated owner-occupied single family housing units that are
improved to code standards shall be subject to affordability controls
for a period of ten years.
c.
The affordability control period for a restricted ownership unit
shall commence on the date the initial certified household takes title
to the unit.
d.
The affordability controls set forth in this Ordinance shall remain
in effect despite the entry and enforcement of any judgment of foreclosure
with respect to restricted ownership units.
e.
A restricted ownership unit shall be required to obtain a Continuing
Certificate of Occupancy or a certified statement from the Construction
Official stating that the unit meets all code standards upon the first
transfer of title that follows the expiration of the applicable minimum
control period provided under N.J.A.C. 5:80-26.5(a), as may be amended
and supplemented.
a.
At the end of 25 years from the issuance of the last certificate
of occupancy in a development, the Township Council shall review the
obligation of the Township for the continued maintenance of low- and
moderate-income units and shall establish by ordinance whether or
not all or a portion of the then-existing low- and moderate-income
units will remain as such for a period in excess of 30 years. If the
Township Council determines that all or a portion of these units shall
not be maintained as low- and moderate income units, the Council shall
by ordinance determine the disposition of any resale profits in excess
of the profit which would be allowed had the units remained as low-
and moderate-income units.
b.
This subsection shall be set forth in its entirety in all documents
and covenants running with the land to insure proper notice of the
terms and conditions of this subsection, and shall be in a form acceptable
to the Township attorney.
Price restrictions for restricted ownership units shall be in
accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
including:
a.
The initial purchase price for a restricted ownership unit shall
be approved by the Administrative Agent.
b.
The Administrative Agent shall approve all resale prices, in writing
and in advance of the resale, to assure compliance with the foregoing
standards.
c.
The method used to determine the condominium association fee amounts
and special assessments shall be indistinguishable between the low-
and moderate-income unit owners and the market unit owners.
d.
The owners of restricted ownership units may apply to the Administrative
Agent to increase the maximum sales price for the unit on the basis
of capital improvements. Eligible capital improvements shall be those
that render the unit suitable for a larger household or the addition
of a bathroom.
a.
Buyer income eligibility for restricted ownership units shall be
in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
such that low-income ownership units shall be reserved for households
with a gross household income less than or equal to 50% of median
income and moderate-income ownership units shall be reserved for households
with a gross household income less than 80% of median income.
b.
The Administrative Agent shall certify a household as eligible for
a restricted ownership unit when the household is a low-income household
or a moderate-income household, as applicable to the unit, and the
estimated monthly housing cost for the particular unit (including
principal, interest, taxes, homeowner and private mortgage insurance
and condominium or homeowner association fees, as applicable) does
not exceed 33% of the household's certified monthly income.
a.
Prior to incurring any indebtedness to be secured by a restricted
ownership unit, the administrative agent shall determine in writing
that the proposed indebtedness complies with the provisions of this
section.
b.
With the exception of original purchase money mortgages, during a
control period neither an owner nor a lender shall at any time cause
or permit the total indebtedness secured by a restricted ownership
unit to exceed 95% of the maximum allowable resale price of that unit,
as such price is determined by the administrative agent in accordance
with N.J.A.C. 5:80-26.6(b).
a.
Control periods for restricted rental units shall be in accordance
with N.J.A.C. 5:80-26.11, and each restricted rental unit shall remain
subject to the controls on affordability for a period of at least
30 years.
b.
Developments that receive 9% Low Income Housing Tax Credits shall
have control periods of not less than 30 years, plus a 15-year extended
use period.
c.
Rehabilitated renter-occupied housing units that are improved to
code standards shall be subject to affordability controls for a period
of ten years.
d.
Deeds of all real property that include restricted rental units shall
contain deed restriction language. The deed restriction shall have
priority over all mortgages on the property, and the deed restriction
shall be filed by the developer or seller with the records office
of the County of Mercer. A copy of the filed document shall be provided
to the Administrative Agent within 30 days of the receipt of a Certificate
of Occupancy.
e.
A restricted rental unit shall remain subject to the affordability
controls of this Ordinance, despite the occurrence of any of the following
events:
a.
A written lease shall be required for all restricted rental units,
except for units in an assisted living residence, and tenants shall
be responsible for security deposits and the full amount of the rent
as stated on the lease. A copy of the current lease for each restricted
rental unit shall be provided to the Administrative Agent.
b.
No additional fees or charges shall be added to the approved rent
(except, in the case of units in an assisted living residence, to
cover the customary charges for food and services) without the express
written approval of the Administrative Agent.
c.
Application fees (including the charge for any credit check) shall
not exceed 5% of the monthly rent of the applicable restricted unit
and shall be payable to the Administrative Agent to be applied to
the costs of administering the controls applicable to the unit as
set forth in this ordinance.
a.
Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13,
as may be amended and supplemented, and shall be determined as follows:
1.
Very-low-income rental units shall be reserved for households with
a gross household income less than or equal to 30% of median income.
2.
Low-income rental units shall be reserved for households with a gross
household income less than or equal to 50% of median income.
3.
Moderate-income rental units shall be reserved for households with
a gross household income less than 80% of median income.
b.
The Administrative Agent shall certify a household as eligible for
a restricted rental unit when the household is a very-low-income,
low-income household or a moderate-income household, as applicable
to the unit, and the rent proposed for the unit does not exceed 35%
(40% for age-restricted units) of the household's eligible monthly
income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended
and supplemented; provided, however, that this limit may be exceeded
if one or more of the following circumstances exists:
1.
The household currently pays more than 35% (40% for households eligible
for age-restricted units) of its gross household income for rent,
and the proposed rent will reduce its housing costs;
2.
The household has consistently paid more than 35% (40% for households
eligible for age-restricted units) of eligible monthly income for
rent in the past and has proven its ability to pay;
3.
The household is currently in substandard or overcrowded living conditions;
4.
The household documents the existence of assets with which the household
proposes to supplement the rent payments; or
5.
The household documents proposed third-party assistance from an outside
source such as a family member in a form acceptable to the Administrative
Agent and the owner of the unit.
c.
The applicant shall file documentation sufficient to establish the
existence of the circumstances in (b)1 through 5 above with the Administrative
Agent, who shall counsel the household on budgeting.
Each housing unit created through the conversion of a non-residential
structure shall be considered a new housing unit and shall be subject
to the affordability controls for a new housing unit.
Section 14(b) of the Fair Housing Act, N.J.S.A. 52:270-301 et
seq. incorporates the need to eliminate unnecessary cost-generating
features from East Windsor's land use ordinances. Accordingly, East
Windsor will eliminate development standards that are not essential
to protect the public welfare and to expedite or fast-track municipal
approvals/denials on inclusionary development applications. East Windsor
will adhere to the components of N.J.A.C. 5:93-10.1- 10.3.
a.
The position of Municipal Housing Liaison for the Township of East
Windsor is hereby established. The Municipal Housing Liaison shall
be appointed by duly adopted resolution of the Township Council and
be subject to the approval by COAH or the Superior Court.
b.
The Municipal Housing Liaison must be either a full-time or part-time
employee of the Township.
c.
The Municipal Housing Liaison must meet the requirements for qualifications,
including initial and periodic training found in N.J.A.C. 5:93.
d.
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for the Township
of East Windsor, including the following responsibilities which may
not be contracted out to the Administrative Agent:
1.
Serving as the municipality's primary point of contact for all inquiries
from the State, affordable housing providers, Administrative Agents
and interested households;
2.
The implementation of the Affirmative Marketing Plan and affordability
controls;
3.
When applicable, supervising any contracted Administrative Agent;
4.
Monitoring the status of all restricted units in the Township of
East Windsor's Fair Share Plan;
5.
Compiling, verifying and submitting annual reports as required by
the Superior Court;
6.
Coordinating meetings with affordable housing providers and Administrative
Agents, as applicable; and
7.
Attending continuing education opportunities on affordability controls,
compliance monitoring and affirmative marketing as offered or approved
by the Superior Court.
a.
The Township shall designate by resolution of the Township Council,
one or more Administrative Agents to administer newly constructed
affordable units in accordance with N.J.A.C. 5:93 and UHAC. The Administrative
Agent shall, as delegated by the Township Council, have the authority
to take all actions necessary and appropriate to carry out its responsibilities.
b.
An Operating Manual shall be provided by the Administrative Agent(s)
to be adopted by resolution of the governing body. The Operating Manuals
shall be available for public inspection in the Office of the Municipal
Clerk.
c.
The Administrative Agent shall perform the duties and responsibilities
of an administrative agent as set forth in UHAC, including N.J.A.C.
5:80-26.14, 16 and 18, and described in the Operating Manual, which
includes:
1.
Attending continuing education opportunities on affordability controls,
compliance monitoring, and affirmative marketing;
2.
Affirmative Marketing;
3.
Household Certification;
4.
Affordability Controls;
5.
Records retention;
6.
Resale and re-rental;
7.
Processing requests from unit owners; and
8.
Enforcement, although the ultimate responsibility for retaining controls
on the units rests with the municipality.
a.
Upon the occurrence of a breach of any of the regulations governing
the affordable unit by an owner, developer or tenant, the municipality
shall have all remedies provided at law or equity, including but not
limited to foreclosure, tenant eviction, municipal fines, a requirement
for household recertification, acceleration of all sums due under
a mortgage, recoupment of any funds from a sale in the violation of
the regulations, injunctive relief to prevent further violation of
the regulations, entry on the premises, and specific performance.
b.
After providing written notice of a violation to an owner, developer
or tenant of a low- or moderate-income unit and advising the owner,
developer or tenant of the penalties for such violations, the municipality
may take the following action against the owner, developer or tenant
for any violation that remains uncured for a period of 60 days after
service of the written notice:
1.
The municipality may file a court action pursuant to N.J.S.A. 2A:58-11,
alleging a violation, or violations of the regulations governing the
affordable housing unit. If the owner, developer or tenant is found
by the court to have violated any provision of the regulations governing
affordable housing units the owner, developer or tenant shall be subject
to one or more of the following penalties, at the discretion of the
court:
(a)
A fine of not more than $500.00 or imprisonment for a period
not to exceed 90 days, or both. Each and every day that the violation
continues or exists shall be considered a separate and specific violation
of these provisions and not as a continuing offense;
(b)
In the case of an owner who has rented his or her low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment into the Township Affordable Housing Trust Fund of
the gross amount of rent illegally collected;
(c)
In the case of an owner who has rented his or her low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment of an innocent tenant's reasonable relocation costs,
as determined by the court.
2.
The municipality may file a court action in the Superior Court seeking
a judgment, which would result in the termination of the owner's equity
or other interest in the unit, in the nature of a mortgage foreclosure.
Any judgment shall be enforceable as if the same were a judgment of
default of the first purchase money mortgage and shall constitute
a lien against the low- and moderate-income unit.
c.
Such judgment shall be enforceable, at the option of the municipality,
by means of an execution sale by the sheriff, at which time the low-
and moderate-income unit of the violating owner shall be sold at a
sale price which is not less than the amount necessary to fully satisfy
and pay off any first purchase money mortgage and prior liens and
the costs of the enforcement proceedings incurred by the municipality,
including attorney's fees. The violating owner shall have the right
to possession terminated as well as the title conveyed pursuant to
the sheriffs sale.
d.
The proceeds of the sheriffs sale shall first be applied to satisfy
the first purchase money mortgage lien and any prior liens upon the
low- and moderate-income unit. The excess, if any, shall be applied
to reimburse the municipality for any and all costs and expenses incurred
in connection with either the court action resulting in the judgment
of violation or the Sheriffs sale. In the event that the proceeds
from the sheriffs sale are insufficient to reimburse the municipality
in full as aforesaid, the violating owner shall be personally responsible
for and to the extent of such deficiency, in addition to any and all
costs incurred by the municipality in connection with collecting such
deficiency. In the event that a surplus remains after satisfying all
of the above, such surplus, if any, shall be placed in escrow by the
municipality for the owner and shall be held in such escrow for a
maximum period of two years or until such earlier time as the owner
shall make a claim with the municipality for such. Failure of the
owner to claim such balance within the two-year period shall automatically
result in a forfeiture of such balance to the municipality. Any interest
accrued or earned on such balance while being held in escrow shall
belong to and shall be paid to the municipality, whether such balance
shall be paid to the owner or forfeited to the municipality.
e.
Foreclosure by the municipality due to violation of the regulations
governing affordable housing units shall not extinguish the restrictions
of the regulations governing affordable housing units as the same
apply to the low- and moderate-income unit. Title shall be conveyed
to the purchaser at the sheriffs sale, subject to the restrictions
and provisions of the regulations governing the affordable housing
unit. The owner determined to be in violation of the provisions of
this plan and from whom title and possession were taken by means of
the sheriffs sale shall not be entitled to any right of redemption.
f.
If there are no bidders at the sheriffs sale, or if insufficient
amounts are bid to satisfy the first purchase money mortgage and any
prior liens, the municipality may acquire title to the low- and moderate-income
unit by satisfying the First Purchase Money Mortgage and any prior
liens and crediting the violating owner with an amount equal to the
difference between the First Purchase Money Mortgage and any prior
liens and costs of the enforcement proceedings, including legal fees
and the maximum resale price for which the low- and moderate-income
unit could have been sold under the terms of the regulations governing
affordable housing units. This excess shall be treated in the same
manner as the excess which would have been realized from an actual
sale as previously described.
g.
Failure of the low- and moderate-income unit to be either sold at
the sheriffs sale or acquired by the municipality shall obligate the
owner to accept an offer to purchase from any qualified purchaser
which may be referred to the owner by the municipality, with such
offer to purchase being equal to the maximum resale price of the low-
and moderate-income unit as permitted by the regulations governing
affordable housing units.
h.
The owner shall remain fully obligated, responsible and liable for
complying with the terms and restrictions of governing affordable
housing units until such time as title is conveyed from the owner.
Appeals from all decisions of an Administrative Agent designated
pursuant to this section shall be filed in writing with the Township.
[Ord. Nos. 1999-1, 2000-12
§ 2, 2005-03, 2006-2, 2008-8, 2008-13; superseded by Ord. No. 2017-16 § 2]
a.
In Holmdel Builder's Association v. Holmdel Township, 121 N.J. 550
(1990), the New Jersey Supreme Court determined that mandatory development
fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A.
52:27D-301 et seq., and the State Constitution, subject to the Council
on Affordable Housing's ("COAH's") adoption of rules.
b.
Pursuant to P.L. 2008, c. 46, Section 8 (N.J.S.A. 52:27D-329.2) and
the Statewide Nonresidential Development Fee Act (N.J.S.A. 40:55D-8.1
through N.J.S.A. 40:55D-8.7), COAH is authorized to adopt and promulgate
regulations necessary for the establishment, implementation, review,
monitoring and enforcement of municipal affordable housing trust funds
and corresponding spending plans. Municipalities that are under the
jurisdiction of COAH or a Court of competent jurisdiction and have
a COAH or NJ Superior Court-approved spending plan may retain fees
collected from nonresidential development.
c.
This section establishes standards for the collection, maintenance,
and expenditure of development fees pursuant to COAH's extant regulations
and in accordance with P.L. 2008, c. 46, Sections 8 and 32 through
38. Fees collected pursuant to this section shall be used for the
sole purpose of providing very-low-, low-, and moderate-income housing.
This section shall be interpreted within the framework of COAH's rules
on development fees, codified at N.J.A.C. 5:93-8.1-8.22.
As used in this section, the following terms shall have the
following meanings:
A development included in the Housing Element and Fair Share
Plan and includes, but is not limited to, an inclusionary development,
a municipal construction project or a one-hundred-percent affordable
development.
The New Jersey Council on Affordable Housing established
under the Act which has primary jurisdiction for the administration
of housing obligations in accordance with sound regional planning
consideration in the state.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
Money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:93-8.
Assessed value of a property divided by the current average
ratio of assessed to true value for the municipality in which the
property is situated, as determined in accordance with Sections 1,
5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through N.J.S.A.
54:1-35c).
Those strategies that minimize the impact of development
on the environment and enhance the health, safety and well-being of
residents by producing durable, low-maintenance, resource-efficient
housing while making optimum use of existing infrastructure and community
services.
a.
East Windsor's initial development fee ordinance was approved by
COAH on July 19, 2000 and an amended ordinance was approved by COAH
on September 2, 2008. Amendments to this section shall not be effective
until approved by COAH or the NJ Superior Court pursuant to N.J.A.C.
5:93-8.2.
b.
The Township shall not spend development fees until COAH or the NJ
Superior Court has approved a plan for spending such fees in conformance
with N.J.A.C. 5:93-5.1(c).
a.
Mandatory Set-Aside of Units.
1.
All new development consisting of 25 or more units and constituting
a dwelling net density of more than four units per acre shall be required
to set aside mandatorily 20% of the dwelling units for the construction
of low- and moderate-income housing in accordance with the provisions
of this section.
2.
The developer shall provide that half of the low- and moderate-income
units constructed be affordable by low-income households including
very-low-income households per N.J.S.A. 52:27D-329.1, and that the
remaining half be affordable by moderate income households
3.
Twenty percent of the low- and moderate-income units shall be three
bedroom units.
4.
Subdivision and site plan approval shall be denied by the Planning
Board unless the developer complies with the requirements to provide
low- and moderate-income housing pursuant to the provisions of this
section. The Planning Board may impose any reasonable conditions to
insure such compliance.
b.
Imposed Fees.
1.
Within all zoning districts, residential developers, except for developers
of the types of development specifically exempted below, shall pay
a fee of 1.5% of the equalized assessed value for residential development,
provided that no increased density is permitted.
2.
When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5)
(known as a "d" variance) has been permitted, developers shall be
required to pay a development fee of 6% of the equalized assessed
value for each additional unit that may be realized. However, if the
zoning on a site has changed during the two-year period preceding
the filing of such a variance application, the base density for the
purposes of calculating the bonus development fee shall be the highest
density permitted by right during the two-year period preceding the
filing of the variance application.
Example: If an approval allows four units to be constructed
on a site that was zoned for two units, the fees could equal 1.5%
of the equalized assessed value on the first two units and the specified
higher percentage of 6% of the equalized assessed value for the two
additional units, provided that zoning on the site has not changed
during the two-year period preceding the filing of such a variance
application.
c.
Eligible Exactions, Ineligible Exactions and Exemptions for Residential
Development.
1.
Affordable housing developments, developments where the developer
is providing for off-site affordable housing units, and developments
where the developer has made a payment in lieu of on-site construction
of affordable units shall be exempt from the standard affordable housing
development fees.
2.
Developments that have received preliminary or final site plan approval
prior to the adoption of a municipal development fee ordinance shall
be exempt from development fees, unless the developer seeks a substantial
change in the approval. Where a site plan approval does not apply,
a zoning and/or building permit shall be synonymous with preliminary
or final site plan approval for this purpose. The fee percentage shall
be vested on the date that the building permit is issued.
3.
Development fees shall be imposed and collected when an existing
structure undergoes a change to a more intense use, is demolished
and replaced, or is expanded, if the expansion is not otherwise exempt
from the development fee requirement. The development fee shall be
calculated on the increase in the equalized assessed value of the
improved structure.
4.
Developers of residential structures demolished and replaced as a
result of fire damage, flood or similar natural disaster shall be
exempt from paying a development fee.
5.
In accordance with N.J.A.C. 5:93-8.10(c) of COAH's Substantive Rules
and as permitted by N.J.S.A. 52:27D-329.3, developers of inclusionary
residential developments within the ARH Age-Restricted Housing zoning
district shall make a payment to East Windsor Township in lieu of
constructing the otherwise required set-aside of low- and moderate-income
units in accordance with the following:
(a)
The amount of the in-lieu payment shall be equal to or greater
than the cost of subsidizing the low and moderate income units that
are replaced by the in-lieu payment; and
(b)
The payment in lieu of constructing the otherwise required set-aside
of low- and moderate-income units within the inclusionary development
must be found by COAH to be consistent with East Windsor Township's
Housing Plan and Fair Share Plan and to provide a realistic opportunity
for addressing the Township's fair share affordable housing obligation.
a.
Imposed Fees.
1.
Within all zoning districts, nonresidential developers, except for
developers of the types of development specifically exempted, shall
pay a fee equal to 2.5% of the equalized assessed value of the land
and improvements, for all new nonresidential construction on an unimproved
lot or lots.
2.
Nonresidential developers, except for developers of the types of
development specifically exempted, shall also pay a fee equal to 2.5%
of the increase in equalized assessed value resulting from any additions
to existing structures to be used for nonresidential purposes.
3.
Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee of 2.5%
shall be calculated on the difference between the equalized assessed
value of the preexisting land and improvement and the equalized assessed
value of the newly improved structure, i.e., land and improvement,
at the time a final certificate of occupancy is issued. If the calculation
required under this section results in a negative number, the nonresidential
development fee shall be zero.
b.
Eligible Exactions, Ineligible Exactions and Exemptions for Nonresidential
Development.
1.
The nonresidential portion of a mixed-use inclusionary or market
rate development shall be subject to the development fee, of 2.5%
unless otherwise exempted below.
2.
The fee of 2.5% shall not apply to an increase in equalized assessed
value resulting from alterations, change in use within the existing
footprint, reconstruction, renovations and repairs.
3.
Nonresidential developments shall be exempt from the payment of nonresidential
development fees in accordance with the exemptions required pursuant
to P.L. 2008, c. 46, as specified in the Form N-RDF, "State of New
Jersey Nonresidential Development Certification/Exemption" form. Any
exemption claimed by a developer shall be substantiated by that developer.
4.
A developer of a nonresidential development exempted from the nonresidential
development fee pursuant to P.L. 2008, c. 46 shall be subject to it
at such time as the basis for exemption no longer applies and shall
make the payment of the nonresidential development fee, in that event,
within three years after that event or after the issuance of the final
certificate of occupancy of the nonresidential development, whichever
is later.
5.
If a property which was exempted from the collection of a nonresidential
development fee thereafter ceases to be exempt from property taxation,
the owner of the property shall remit the fees required pursuant to
this section within 45 days of the termination of the property tax
exemption. Unpaid nonresidential development fees under these circumstances
may be enforceable by the Township as a lien against the real property
of the owner.
a.
Upon the granting of a preliminary, final or other applicable approval
for a development, the applicable approving authority shall direct
its staff to notify the construction official responsible for the
issuance of a building permit. For nonresidential developments, the
developer shall also be provided with a copy of Form N-RDF, "State
of New Jersey Nonresidential Development Certification/Exemption,"
and complete as per the instructions provided.
b.
For nonresidential developments only, the developer shall also be
provided with a copy of Form N-RDF, "State of New Jersey Nonresidential
Development Certification/Exemption," to be completed as per the instructions
provided. The developer of a nonresidential development shall complete
Form N-RDF as per the instructions provided. The construction official
shall verify the information submitted by the nonresidential developer
as per the instructions provided in Form N-RDF. The Tax Assessor shall
verify exemptions and prepare estimated and final assessments as per
the instructions provided in Form N-RDF.
c.
The construction official responsible for the issuance of a building
permit shall notify the local Tax Assessor of the issuance of the
first building permit for a development which is subject to a development
fee.
d.
Within 90 days of receipt of that notice, the Municipal Tax Assessor,
based on the plans filed, shall provide an estimate of the equalized
assessed value of the development.
e.
The construction official responsible for the issuance of a final
certificate of occupancy notifies the local Assessor of any and all
requests for the scheduling of a final inspection on property which
is subject to a development fee.
f.
Within 10 business days of a request for the scheduling of a final
inspection, the Municipal Assessor shall confirm or modify the previously
estimated equalized assessed value of the improvements of the development;
calculate the development fee; and thereafter notify the developer
of the amount of the fee.
g.
Should East Windsor Township fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b of Section 37 of P.L. 2008, c. 46 (N.J.S.A. 40:55D-8.6).
h.
50% of the development fee shall be collected at the time of issuance
of the building permit. The remaining portion shall be collected at
the issuance of the certificate of occupancy. The developer shall
be responsible for paying the difference between the fee calculated
at building permit and that determined at issuance of certificate
of occupancy.
i.
Appeal of development fees.
1.
A developer may challenge residential development fees imposed by
filing a challenge with the County Board of Taxation. Pending a review
and determination by the Board, collected fees shall be placed in
an interest-bearing escrow account by East Windsor Township. Appeals
from a determination of the Board may be made to the Tax Court in
accordance with the provisions of the State Tax Uniform Procedure
Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such
determination. Interest earned on amounts escrowed shall be credited
to the prevailing party.
2.
A developer may challenge nonresidential development fees imposed
by filing a challenge with the Director of the Division of Taxation.
Pending a review and determination by the Director, which shall be
made within 45 days of receipt of the challenge, collected fees shall
be placed in an interest-bearing escrow account by the Township. Appeals
from a determination of the Director may be made to the Tax Court
in accordance with the provisions of the State Tax Uniform Procedure
Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such
determination. Interest earned on amounts escrowed shall be credited
to the prevailing party.
a.
There is hereby created a separate, interest-bearing housing trust
fund to be maintained by the Township Chief Financial Officer for
the purpose of depositing development fees collected from residential
and nonresidential developers and proceeds from the sale of units
with extinguished controls.
b.
The following additional funds shall be deposited in the Affordable
Housing Trust Fund and shall at all times be identifiable by source
and amount:
1.
Payments in lieu of on-site construction of affordable units;
2.
Developer-contributed funds to make 10% of the adaptable entrances
in a townhouse or other multistory attached development accessible;
3.
Rental income from municipally operated units;
4.
Repayments from affordable housing program loans;
5.
Recapture funds;
6.
Proceeds from the sale of affordable units; and
7.
Any other funds collected in connection with the Township affordable
housing program.
c.
Within seven days from the opening of the trust fund account, the
Township shall provide COAH or the Superior Court with written authorization,
in the form of a three-party escrow agreement between the municipality,
the bank, and COAH or the Superior Court, to permit COAH or the Superior
Court to direct the disbursement of the funds as provided for in N.J.A.C.
5:93-8.17.
d.
All interest accrued in the housing trust fund shall only be used
on eligible affordable housing activities approved by COAH or the
Superior Court.
a.
The expenditure of all funds shall conform to a spending plan approved
by COAH or the Superior Court. Funds deposited in the housing trust
fund may be used for any activity approved by COAH or the Superior
Court to address East Windsor Township's fair share obligation and
may be set up as a grant or revolving loan program. Such activities
include, but are not limited to, preservation or purchase of housing
for the purpose of maintaining or implementing affordability controls,
rehabilitation, new construction of affordable housing units and related
costs, accessory apartment or market to affordable programs, conversion
of existing nonresidential buildings to create new affordable units,
green building strategies designed to be cost saving and in accordance
with accepted national or state standards, purchase of land for affordable
housing, improvement of land to be used for affordable housing, extensions
or improvements of roads and infrastructure to affordable housing
sites, financial assistance designed to increase affordability, administration
necessary for implementation of Housing Element and Fair Share Plan,
or any other activity as permitted pursuant to N.J.A.C. 5:93-8.16
and specified in the approved spending plan.
b.
Funds shall not be expended to reimburse the Township for past housing
activities.
c.
At least 30% of all development fees collected and interest earned
shall be used to provide affordability assistance to low- and moderate-income
households in affordable units included in the municipal Fair Share
Plan. One-third of the affordability assistance portion of development
fees collected shall be used to provide affordability assistance to
those very-low income households earning 30% or less of median income
by region.
1.
Affordability assistance programs may include down payment assistance,
security deposit assistance, low-interest loans, rental assistance,
assistance with homeowners' association or condominium fees and special
assessments, creation of very-low income units and assistance with
emergency repairs.
2.
Affordability assistance to households earning 30% or less of median
income may include buying down the cost of low- or moderate-income
units in the municipal Fair Share Plan to make them affordable to
households earning 30% or less of median income.
3.
Payments in lieu of constructing affordable units on site and funds
from the sale of units with extinguished controls shall be exempt
from the affordability assistance requirement.
d.
The Township may contract with a private or public entity to administer
any part of its Housing Element and Fair Share Plan, including the
requirement for affordability assistance, in accordance with N.J.A.C.
5:93-8.16(d).
e.
No more than 20% of all revenues collected from development fees
may be expended on administration, including, but not limited to,
salaries and benefits for municipal employees or consultant fees necessary
to develop or implement a new construction program, a Housing Element
and Fair Share Plan, and/or an affirmative marketing program. In the
case of a rehabilitation program, no more than 20% of the revenues
collected from development fees shall be expended for such administrative
expenses. Administrative funds may be used for income qualification
of households, monitoring the turnover of sale and rental units, and
compliance with COAH or the Superior Court's monitoring requirements.
Legal or other fees related to litigation opposing affordable housing
sites or objecting to COAH's regulations and/or action are not eligible
uses of the Affordable Housing Trust Fund.
The Township shall complete and return to COAH or the Superior
Court all monitoring forms included in monitoring requirements related
to the collection of development fees from residential and nonresidential
developers, payments in lieu of constructing affordable units on site,
funds from the sale of units with extinguished controls, barrier-free
escrow funds, rental income, repayments from affordable housing program
loans, and any other funds collected in connection with the Township
housing program, as well as to the expenditure of revenues and implementation
of the plan certified by COAH or approved by the court. All monitoring
reports shall be completed on forms designed by COAH or the Superior
Court.
The ability for the Township to impose, collect and expend development
fees shall expire with its substantive certification from COAH or
judgment of compliance from the court (as the case may be) unless
the Township has filed an adopted Housing Element and Fair Share Plan
with COAH or the Superior Court, has petitioned for substantive certification
or the entry of a judgment of compliance from the court, and has received
COAH's / the Superior Court's approval of its development fee ordinance.
If the Township fails to renew its ability to impose and collect development
fees prior to the expiration of substantive certification or its judgment
of compliance, it may be subject to forfeiture of any or all funds
remaining within its municipal trust fund. Any funds so forfeited
shall be deposited into the New Jersey Affordable Housing Trust Fund
established pursuant to Section 20 of P.L. 1985, c. 222 (N.J.S.A.
52:27D-320). The Township shall not impose a residential development
fee on a development that receives preliminary or final site plan
approval after the expiration of its substantive certification or
judgment of compliance, nor shall the Township retroactively impose
a development fee on such a development. The Township shall not expend
development fees after the expiration of its substantive certification
or judgment of compliance.
[Ord. 2000-6; Ord. 2003-15; Ord. 2004-12]
Age-restricted housing developments are permitted on tracts
of land at least 50 acres in size within the ARH Age-Restricted Housing
zoning district.
a.
All dwelling units within an age-restricted housing development shall
be deed restricted for occupancy by households with at least one person
55 years of age or older and with no person less than 19 years of
age, provided that visitors less than 19 years of age are permitted
for no more than eight weeks during any 12 month period.
b.
The wording of the required deed restriction shall be submitted by
the applicant to the Planning Board for review as part of the application
for final subdivision approval, and the wording shall be reviewed,
modified as necessary, and finally approved by the Township Council
and incorporated within a developer's agreement between the developer
and the Township Council as a condition of any final approval granted
by the Planning Board for an age-restricted housing development.
c.
The wording of the required deed restriction as finally approved
by the Township Council shall be recited in the master deed and the
homeowner's association bylaws, which also shall be reviewed and approved
by the Township Council and Planning Board as a condition of any final
approval granted by the Planning Board for an age-restricted housing
development.
The maximum number of permitted age-restricted dwelling units
within an age-restricted housing development shall be three dwelling
units per gross acre of land within the subject tract, rounded downward
to the nearest whole number.
a.
No detached dwelling unit shall exceed 35 feet in height and two
and one-half stories.
b.
The gross floor area situated within the second floor of a detached
dwelling unit shall not equate to more than 50% of the gross floor
area situated on the first floor of the dwelling unit, including the
attached garage.
c.
Diversity of architectural design for the single-family detached
dwellings within an age-restricted housing development shall meet
the following requirements:
1.
No construction permit shall be issued for any detached dwelling
unit within an age-restricted housing development if it is substantially
similar in exterior design with any neighboring dwelling unit situated
on another lot on the same street, either on the same side of the
street or on the opposite side of the street, unless the two lots
are separated by a distance of at least 50 feet.
2.
Detached dwelling units shall be considered "substantially similar
in exterior design" if they have any one of the following three architectural
characteristics:
(a)
The same basic dimensions and floor plans are used without significant
differentiation to the exterior elevations;
(b)
The architectural design of the roofs are without significant
change in appearance; or
(c)
The architectural design of windows and front door entranceways
are without significant change in appearance.
3.
(Reserved)
4.
The requirements of this subsection shall not be considered satisfied
where minor changes or deviations to architectural plans and/or lot
location surveys are made for the primary purpose of circumventing
the requirements of this subsection.
5.
The different designs proposed by an applicant shall be identified
by the applicant as to model and elevation and shall be reviewed and
approved by the Planning Board at the time of final subdivision approval.
6.
In order to insure conformity with the requirements of this subsection
and the final subdivision approval by the board, at the time application
is made for each construction permit for each detached dwelling unit,
the developer shall provide a map of the approved final subdivision
to the construction official with a clear indication of the model
and elevation of each dwelling unit for which a construction permit
has been issued, or is requested to be issued.
a.
Each detached dwelling unit shall be provided with a garage.
b.
Garages shall be attached to the principal building and shall be
considered part of the detached dwelling unit for floor/area ratio
calculations; no detached accessory garages shall be permitted.
c.
Each driveway leading to the garage shall be at least 18 feet in
length, measured between the garage door and the curb or between the
garage door and a sidewalk, whichever distance is less.
d.
No driveway on an age-restricted lot shall be located within five
feet of any property line, except that the turn-around pavement area
providing access to a side-entry garage on a lot with frontage on
the bulb of a cul-de-sac may be located within three feet of a property
line.
|
Principal Building Minimums
| |
|---|---|
|
Lot area[1]
|
4,500 sq. ft. minimum
|
|
6,000 sq. ft. maximum; and
| |
|
5,000 sq. ft. average[2]
| |
|
Lot frontage
|
50 ft.
|
|
Lot width
|
50 ft.
|
|
Side yards
|
5 ft. each
|
|
Front yard
|
20 ft.
|
|
Rear yard
|
20 ft.[3], [4]
|
|
[1]
|
No portion of any lot for an age-restricted dwelling unit shall
include any freshwater wetlands, wetland buffers, 100-year flood plains,
or lands with slopes 15% or greater.
| |
|
[2]
|
Lots larger than 6,000 sq. ft. in size are permitted, but are
to be considered 6,000 sq. ft. in size for the purposes of the average
lot size calculation.
| |
|
[3]
|
Design elements as described herein below may extend not more
than three feet into the minimum required rear yard area, provided
that the extensions will only be permitted when privacy walls, landscaped
screening and/or fencing is incorporated as part of the overall design
of the dwelling unit or where the subject yard abuts a major open
space area at least 100 feet wide along the entire length of the subject
lot line.
| |
|
[a]
|
First floor design elements: Chimneys, window elements, eaves,
entranceway elements and similar architectural and foundation projections
as approved by the Planning Board, provided that the total length
of such extensions is no more than 45% of the linear distance of the
subject foundation wall.
| |
|
[b]
|
Second floor design elements: Chimneys, eaves, bays, cantilevers
and windows.
| |
|
[4]
|
Decks may be permitted, subject to the specific approval by
the Planning Board of specific submitted designs, provided the following:
| |
|
[a]
|
Decks shall be located in side and/or rear yard areas only,
shall be set back at least five feet from all property lines and shall
not occupy more than 25% of any side or rear yard area within which
the deck is located.
| |
|
[b]
|
Decks located off the second floor may only be permitted where
the subject yard abuts a major open space area at least 100 feet wide
along the entire length of the subject lot line.
| |
|
Lot Intensity Maximums
| |
|---|---|
|
Detached dwelling coverage
|
50%
|
|
Total improvement coverage
|
65%
|
a.
Land equal to a minimum of 30% of the tract of land proposed for
an age-restricted housing development shall be specifically set aside
for conservation, recreation and/or other open space.
b.
Any land proposed and approved by the Planning Board as open space
shall be left in its current condition and/or improved to best suit
the purpose(s) for which the particular open space is intended.
c.
To the extent practicable, all individual residential lots shall
abut open space.
d.
Open space may be offered by deed to East Windsor Township or dedicated
as "common open space" to a homeowners' association.
1.
If the applicant proposes that the open space shall be dedicated
to the Township, then the Planning Board shall forward such request
with its recommendation to the Township Council prior to the granting
of preliminary approval of any development application containing
the subject open space.
2.
All open space not offered to and/or not accepted by the Township
shall be owned and maintained by a homeowners' association as provided
in N.J.S.A. 40:55D-43. Such organization shall not be dissolved nor
shall it dispose of any common open space by sale or otherwise.
a.
Each age-restricted housing development shall provide adequate active
recreational facilities within the specified open space in order to
satisfy the needs of the anticipated residential population of the
development. All recreational facilities shall adhere to the standards
set forth in the Barrier Free Subcode of the Uniform Construction
Code of the State of New Jersey.
b.
The following listing and ratios of recreational facilities are recommended
as guidelines for the applicant and Planning Board in their evaluation
of the adequacy of proposed recreational facilities within an age-restricted
housing development, although alternative recreational facilities
and ratios thereof may be proposed by the applicant and approved by
the board:
1.
When the number of age-restricted dwelling units exceeds 150 units,
one swimming pool shall be provided for the age-restricted units.
The swimming pool shall have a minimum water surface of 1,800 square
feet, and a deck/patio equal to an area equivalent to 150% of the
water surface area.
2.
One tennis court shall be provided for each approximately 150 age-restricted
dwelling units.
3.
One clubhouse/recreation building, at least 10,000 gross square feet
in area, shall be provided to serve any age-restricted dwelling units,
with adjacent off-street parking as approved by the Planning Board.
4.
At least four courts, either bocce and/or shuffleboard courts, shall
be provided for any age-restricted development.
5.
Jogging and bicycle paths shall be provided as part of an age-restricted
housing development.
c.
Subject to review and approval by the Planning Board, the recreational
complex associated with adjacent age-restricted housing developments
may be permitted to be shared between the housing units located within
the adjacent developments, thereby providing the economies of scale
to construct relatively significant facilities and negate the need
to duplicate facilities on the individual properties.
All fencing shall be as specifically approved by the Planning
Board as part of the final subdivision approval; additional fencing
to be constructed in the future by individual property owners may
be approved by the Planning Board only if appropriate restrictions
regarding the type, material, height and location of such future fencing
is submitted to, and approved by, the Planning Board.
In accordance with Subsection 20-5.16.7b2 of this chapter and
related provisions, signage for an age-restricted housing development
shall be as permitted in East Windsor Township for other residential
developments with a homeowners' association.
Age-restricted housing developments in the ARH zoning district
shall be considered inclusionary developments in accordance with the
"Substantive Rules" of the New Jersey Council On Affordable Housing
(COAH). However, in lieu of actually constructing affordable housing
units on the subject property, in accordance with COAH's "Substantive
Rules," the developer shall contribute $20,000 per 7 1/2% of the total
units approved within the age-restricted development, which moneys
shall be deposited in the East Windsor Township Housing Trust Fund
to be utilized for a Regional Contribution Agreement.
No historic house identified in the Historic Preservation Plan Element of the Township Master Plan shall be subject to age restrictions and other requirements of the ARH zone. Such houses and lots shall be subject to the requirements of the R-1 Residential zone set forth in § 20-8.
All other provisions of the Revised General Ordinances of the
Township of East Windsor not in conflict with the provisions specified
herein for the ARH Age-Restricted Housing zoning district shall apply
to any age-restricted housing development.
[Ord. 2003-5]
A community shopping village comprised of some or all of the
following uses:
a.
Retail sales of goods and services.
b.
Banks, including drive-thru facilities.
c.
Offices and office buildings.
d.
Restaurants, provided that no drive-thru windows are permitted.
e.
Child care centers licensed by the Department of Human Services pursuant
to P.L. 1983, c. 492 (C. 30:5B-1, et seq.).
|
Principal Building Minimum Requirements
|
Community Shopping Village
|
|---|---|
|
Lot area
|
10 ac
|
|
Lot frontage
|
1,000 ft
|
|
Lot width
|
1,000 ft
|
|
Lot depth
|
400 ft
|
|
Front yard
|
50 ft
|
|
Side yard (each)
|
20 ft
|
|
Rear yard
|
40 ft
|
|
Accessory Building Minimum Requirements
|
Community Shopping Village
|
|---|---|
|
Distance to front lot line
|
100 ft
|
|
Distance to side lot line
|
20 ft
|
|
Distance to rear lot line
|
20 ft
|
|
Distance to other building
|
20 ft
|
|
Floor Area and Coverage Maximum Requirements
|
Community Shopping Village
|
|---|---|
|
Floor area ratio (F.A.R.)
|
0.15
|
|
Building coverage
|
15%
|
|
Lot coverage
|
60%
|
a.
All portions of all buildings within a community shopping village
shall be compatibly designed with a common architectural motif, whether
constructed at one time or in stages over a period of time. The architectural
design and material surface and color of all building walls on all
sides of all buildings shall be suitably finished for aesthetic purposes.
b.
All buildings within a community shopping village shall have a dual
pitched, single ridge roof (such as gable, hip, gambrel or mansard
roof) with a minimum pitch of one foot vertical to eight feet horizontal,
and no flat roof shall be permitted; provided, however, that where
roof mounted equipment is necessary and/or preferable for the operation
of the building, a facade roof treatment exhibiting the appearance
of such a dual pitched, single ridge roof may be permitted if specifically
approved by the board as part of a submitted site plan application
for development.
c.
More than one principal building shall be permitted within a community
shopping village provided that, to the extent practicable, the placement
of the buildings shall be staggered, with varying building setbacks
and with the orientation of the buildings situated at angles to one
another and/or otherwise designed to promote a nonlinear appearance.
d.
To the extent practicable, individual buildings within a community
shopping village should be relatively small so that the preferred
non-linear appearance can be achieved.
a.
No merchandise, products, equipment or similar material and objects
shall be displayed or stored outside.
b.
All portions of a lot not covered by buildings or structures (e.g.,
parking lots, parking spaces, loading areas, access aisles, driveways,
sidewalks, walkways, curbs, trash enclosures, etc.) shall be suitably
landscaped with grass, shrubs, and trees and shall be maintained in
good condition.
c.
A buffer screening shall be required along any common property line
with a residential zoning district in accordance with the following:
1.
The buffer screening shall be at least 25 feet in width;
2.
The buffer screening shall consist of densely planted evergreen trees
at least six feet high at time of planting and spaced no more than
ten feet apart on-center; and
3.
No parking area, loading area, driveway or structure, except for
approved fencing integrated with the landscaping plan and as approved
by the board, shall be permitted within the required area for the
buffer screening.
d.
A minimum 20-foot landscaped setback area shall be provided along
any street.
e.
Notwithstanding any other provision of this section to the contrary,
lighting fixtures within a community shopping village shall not exceed
18 feet in height.
[Ord. 2010-11]
An assisted living facility, with a maximum of 120 beds, as
defined as follows:
"A residential complex for residents 62 years of age and older
that provides a combination of housing, personalized supportive services
and health care and that is designed to meet the scheduled and unscheduled
needs of its residents with activities of daily living (ADL), such
as bathing, dressing, eating and monitoring medications. The facility
shall include one bed, either in a private or semi-private room with
private or semi-private sanitary facilities, for each resident, along
with associated services and activities required for the lodging,
feeding and care of the residents of the facility."
a.
Common recreational and social facilities as specifically approved
by the Planning Board in order to satisfy the needs of the residential
population within the development.
b.
Landscaping features including benches, trellises, gazebos, terraces
and other such features customarily associated with the permitted
principal use.
c.
Fences, not exceeding seven feet in height, and walls.
a.
Principal Buildings. No principal building shall exceed 40 feet and
three and one-half stories in height, except that up to one-third
of the building's front elevation may extend an additional five feet
in height and except further that the following appurtenances may
be erected not more than eight feet above the actual height of a building,
provided no portion of the building is higher than 47.5 feet in height:
1.
Penthouses or other roof structures for the housing of stairways,
tanks, bulkheads, ventilating fans, air conditioning equipment and
similar equipment required to operate and maintain the building;
2.
Skylights, spires, towers, cupolas, and similar design structures
associated with the building; and
3.
The parapets used to screen roof mounted structures and equipment.
b.
Accessory Buildings. No accessory building shall exceed 15 feet in
height and one story unless a lower height is required in accordance
with other provisions of this chapter.
a.
The minimum lot size for an assisted living facility shall be three
and nine-tenths acres in area.
b.
The minimum lot frontage shall be 300 feet total road frontage, and
the lot shall have frontage on two roads under the jurisdiction of
Mercer County.
c.
No building shall be located closer than 175 feet to any street line,
except that any porte-cochere may extend no more than 15 feet further
into the front yard area.
d.
No building shall be located closer than 30 feet to any side lot
line or 50 feet to any rear lot line.
e.
The aggregate of all buildings shall cover no more than 20% of the
site, and the maximum improvement coverage shall be no greater than
45% of the site.
a.
All portions of all buildings shall be compatibly designed with a
common architectural motif, whether constructed at one time or in
stages over a period of time. The architectural design and material
surface and color of all building walls on all sides of all buildings
shall be suitably finished for aesthetic purposes.
b.
All buildings shall have a dual pitched, single ridge roof (such
as gable, hip, gambrel or mansard roof) with a minimum pitch of one
foot vertical to eight feet horizontal, and no flat roof shall be
permitted; however, a facade roof treatment exhibiting the appearance
of such a dual pitched, single ridge roof may be permitted if specifically
approved by the Planning Board as part of a submitted site plan application
for development.
c.
All units in an assisted living facility shall be internally connected
to the dining room(s), medical care facilities, recreational facilities,
and any other common areas provided for the residents of the facility
and their guests.
d.
Each unit with an assisted living facility shall contain at least
120 square feet of private "net habitable floor area" and shall include
a private clothes closet within the unit.
e.
For any assisted living facility which provides for the care of residents
with moderate to severe dementia, a separate and secure area shall
be provided for the residents lodging, board and nursing care in addition
to a secure outside sitting area.
f.
At least 10% of the gross square footage of all buildings comprising
the assisted living facility shall be devoted to common facilities,
services and activities for the residents, including dining rooms,
medical care facilities, personal and professional services such as
banking and hairdressing, and communal recreational, social, religious
and cultural activities. Private and/or semi-private visiting areas
shall be provided outside the residential bedroom unit.
g.
Outside recreational facilities shall include, but not be limited
to, sitting areas and an integrated pathway network.
h.
Lighting shall be minimal for safety and security purposes in accordance with the provisions of Subsection 19A-2.7 of these Revised General Ordinances.
i.
No medical services or other programs shall be provided from the
site to any individual not residing within the assisted living facility,
except as may be otherwise specifically approved by the Planning Board.
j.
All portions of a lot not covered by buildings or structures (e.g.,
parking lots, parking spaces, loading areas, access aisles, driveways,
sidewalks, walkways, curbs, trash enclosures, etc.) shall be suitably
landscaped with grass, shrubs, and trees and shall be maintained in
good condition.
k.
All other applicable provisions of this chapter not in conflict with
the provisions stated hereinabove shall apply to an assisted living
facility.
a.
An assisted living facility shall provide off-street parking at the
ratio of one-third space per bed plus one space per each employee
on site at any one time based upon peak hour, and provided further
that there is adequate parking provided for guests.
b.
No off-street parking area, driveway or loading area shall be within
45 feet of any street line or ten feet of any other lot line.
c.
At least one off-street loading and unloading space shall be provided,
with adequate space for maneuvering. Each space shall be at least
15 feet by 40 feet and shall be provided at the side or rear of a
building and adequately screened from view.
d.
An indoor or outdoor trash and recycling area for the collection
and storage of trash and recyclable materials shall be provided. If
located outside the building, the trash and recyclable materials area
shall include a steel-like, totally enclosed trash container and recyclable
bins and shall be located in a manner to be obscured from view from
parking areas, streets and adjacent residential uses or zoning districts
by a wall finished with materials used to construct the assisted living
facility building.
a.
Each assisted living facility shall be permitted one free-standing
(ground-mounted) sign no larger than 100 square feet in area identifying
the name of the development.
b.
The permitted freestanding sign shall not exceed eight feet in height
and shall be set back at least 12 feet from all property and street
lines.
c.
Each assisted living facility shall be permitted one façade
sign identifying the use attached flat against the wall of the building
and no larger than 5% of the area, including windows and doors of
the facade of the building to which the sign is attached, provided
that the sign does not exceed 100 square feet in area.
d.
The permitted signs may be lighted in accordance with the provisions
of Subsection 20-5.16.1 of this chapter.
e.
Additional signage within the interior of the site may be approved
by the Planning Board for directional purposes or other good cause
shown by the applicant as part of the site plan review and approval
process.
As identified in the Township's Affordable Housing Plan, 12
of the beds, or 10% of the total beds within an assisted living facility,
shall be set aside for Medicaid recipients and shall qualify and be
developed for very-low-income households in accordance with COAH's
"Third Round Substantive Rules" (N.J.A.C. 5:97).
a.
All units shall be deed restricted for occupancy by persons 62 years
of age or older, such that the facilities shall constitute "housing
for older persons" as defined in Section 807(b)(2) of the Fair Housing
Act, 42 U.S.C. § 3607.
b.
The wording of the required deed restriction shall be submitted by
the applicant to the Planning Board for review as part of the application
for final site plan approval, and the wording shall be reviewed, modified
as necessary, and finally approved by the Township Council and incorporated
within a developer's agreement between the developer and the Township
Council as a condition of any final approval granted by the Planning
Board for the development.
c.
The wording of the required deed restriction as finally approved
by the Township Council shall be recited in the Master Deed which
shall be recorded in the Office of the Mercer County Clerk and shall
remain on record for as long as the property is devoted to residential
use.
[Ord. 2013-05]
a.
Retail sales of goods and services, except that any and all vehicle
related uses, including, but not limited to, motor vehicle sales,
motor vehicle service stations, motor vehicle body shops, motor vehicle
repair shops, gas stations and car washes are specifically prohibited.
b.
Restaurants, including cocktail lounges and taverns, but excluding
any drive-thru uses.
c.
Offices, including medical professional.
d.
Banks and financial institutions.
e.
Hotels and motels.
f.
Theaters.
g.
Indoor recreational uses.
h.
Health clubs, wellness centers, urgent care centers and surgical
centers.
i.
Public and quasi public uses, including such uses as museums, a YMCA
and civic spaces, but excluding any use related to houses of worship.
j.
Child care centers.
No conditional uses are permitted.
The bulk and area requirements in Subsection 20-16.4 of the Township's zoning ordinance provisions for the "HC" Highway Commercial District shall apply.
The other requirements in Subsection 20-16.5 of the Township's zoning ordinance provisions for the "HC" Highway Commercial District shall apply.
[Ord. 1976-21; Ord. 1979-11; Ord. 1981-13; Ord. 1983-47]
This chapter shall be administered and enforced by the building
subcode official of the Township. The building subcode official shall
cause any site improvements, building or structure to be inspected
or examined and to order in writing compliance with the terms of this
chapter. For purpose of such inspection, the building subcode official
shall have the right to enter any building or premises during reasonable
hours, subject to due process of law.
The board of adjustment shall have the powers and duties, prescribed
by N.J.S. 40:55D-69.76.[1]
The Planning Board shall have all the powers and duties prescribed
by N.J.S. 40:55D-25 and shall in addition review, approve and administer
regulations for planned developments as provided in this ordinance.
On every application for development made to the Planning Board
or the board of adjustment, a written decision shall be rendered setting
forth findings of fact and conclusions based thereon.
No building or structure shall be constructed, reconstructed,
altered or extended nor may land be used or improved unless and until
both a zoning permit and a construction permit have been issued.
a.
No zoning permit for anything but single-family dwellings, or farm
accessory structures not for human habitation, shall be issued unless:
(1)
The proposed building or structure conforms in all respects
to this chapter.
(2)
The site plans for said building or structure have been reviewed and approved by the Planning Board, pursuant to Chapter 19A. Site Plan approval shall not be required for single-family dwellings, nor for signs which otherwise conform to the provisions of this chapter, nor for farm outbuildings or accessory structures provided that such outbuilding or accessory structures are not intended for human habitation.
c.
Appeals from any decision regarding zoning or construction permits
shall be taken to the board of adjustment except as otherwise provided
in this ordinance.
No building or structure or portion of a building or structure
shall be occupied or changed in occupancy or used for any purpose
unless and until a certificate of occupancy shall have been issued
by the building subcode official. No certificate of occupancy shall
be issued unless:
a.
The building or structure and all other improvements conform in all
other respects to the Township building code and all other applicable
codes of the Township.
Prior to issuance of a certificate of occupancy, when site plan
approval has been granted, the applicant shall submit to the building
subcode official an application and the required fee. The application
shall contain such information as the building subcode official may
require to determine compliance with the approved site plan.
In the event that the site improvements as required for a certificate
of occupancy have been sufficiently completed to permit safe use of
the premises but have not been entirely completed the building subcode
official may grant a certificate of occupancy conditioned on the timely
completion of all improvements. Such certificate of occupancy shall
be issued only after the applicant has deposited with the Township,
in an amount equal to 120% of the Township engineer's estimate of
the cost of completing all required improvements, either a sum of
cash pursuant to an escrow agreement provided by the Township attorney
or a letter of credit approved as to form by the Township attorney.
a.
Application. Prior to issuance of a certificate of occupancy when
site plan approval is not required, the applicant shall submit an
application for such review together with the requisite fee to the
building subcode official. The application shall contain:
(1)
The name, address and telephone number of the owner of the premises.
(2)
The name, address and telephone number of the applicant.
(3)
The lot and block numbers of the subject premises.
(4)
A drawing showing the approximate dimensions of the building
or portion of the building to be occupied by the applicant and the
location of parking spaces to be used by the applicant.
(5)
A statement as to the number of persons to be employed by the
applicant.
(6)
A statement that no improvement or change of use by the applicant
which would necessitate a site plan approval or a zoning change.
(7)
A statement as to the nature of the business and use and the
means by which the applicant proposes to comply with the performance
standards set forth in any section of the technical standards ordinance
or of any Township regulation dealing with the use or activity proposed
by the applicant.
(8)
Such other information as may be required.
b.
Procedure. The building subcode official or his designee shall, upon
determination that the application complies with all requirements
of the chapter, issue the certificate of occupancy.
[Repealed by Ord. 1983-47]
[Ord. 1976-21; Ord. 1977-2; Ord. 1978-25; Ord. 1981-13; Ord. 1982-8; Ord. 1982-19; Ord. 1982-24; Ord. 1985-5; Ord. 1988-7; Ord. 1990-8; Ord. 1992-18; Ord. 1994-27; Ord. 2013-01]
a.
Obligation to pay application fees and professional fees incurred
during the course of review. Applicants submitting the applications
set forth herein shall pay such application fees as are due and all
reasonable costs for professional services, including engineering,
legal, planning, and other, incurred by the Township in connection
with the review and approval by the Planning Board or zoning board
of adjustment, including review by any advisory Township committee
or commission such as the historic preservation commission of the
applications set forth herein or by the Township Council of any aspect
thereof, including an appeal, including costs incurred during any
informal review of a concept plan by such board and review to assure
that the conditions of approval have been satisfied. Such professional
services may be by Township employees or consultants retained by the
Township on a general basis or retained specially for an application
by the board of jurisdiction or the Township. In conjunction with
payment of such professional fees, the applicant shall make an escrow
deposit in the amount and manner set forth herein and shall execute
an agreement in a form provided by the Township obligating itself
to pay such fees. The application fee is a flat fee to cover direct
administrative expenses and in nonrefundable.
b.
Amount of fees and escrow deposits due. Each applicant shall, no
later than ten days after submitting an application, submit to the
Township treasurer in cash or by certified check or money order the
following sums as application fees and escrow deposits together with
a fully executed escrow agreement in the form provided by the Township.
Completeness review shall not commence until the application fees
and escrow deposit have been paid. Where one application for development
includes more than one approval request, the sum of the individual
required fees shall be paid.
1.
Residential Site Plan and Subdivision Fees:
|
Application Fees
|
Escrow to Be Deposited
| |
|---|---|---|
|
Sketch Plat
|
$250.00
|
0-20 lots/units: $150.00 per lot or unit
21+ lots/units: $3,000.00 plus $100.00 per lot/unit in excess
of 20.
|
|
Minor Subdivision
|
$250.00
|
$3,000.00
|
|
Site Plan and/or Major Subdivision:
| ||
|
Preliminary:
| ||
|
0-10 units or lots
|
$250.00
|
$1,000.00 per lot or unit
|
|
11-20 units or lots
|
$375.00
|
$600.00 per lot or unit
|
|
21 or more units or lots
|
$500.00
|
$400.00 per lot or unit for each remaining lot or unit
|
|
Final:
| ||
|
0-10 units or lots
|
$150.00
|
$500.00 per lot or unit
|
|
11-20 units or lots
|
$250.00
|
$300.00 per lot or unit
|
|
21 or more units or lots
|
$375.00
|
$200.00 per remaining lot or unit
|
2.
Commercial/Industrial Development Application Not Involving New Buildings,
Fees and Escrows:
|
Application Fees
|
Escrow to Be Deposited
| |
|---|---|---|
|
0-3 Lots
|
$250.00
|
$1,000.00
|
|
4 or more Lots
|
$250.00
|
$2,000.00 + $600.00 per lot
|
3.
Commercial/Industrial Development Application Involving New Buildings,
Fees and Escrows.
|
Application Fees
|
Escrow to Be Deposited
| |
|---|---|---|
|
Preliminary:
| ||
|
Total Floor Plan
| ||
|
0-1,999 square feet
|
$250.00
|
$4,000.00
|
|
2,000 — 19,999 square feet
|
$375.00
|
$5,000.00 + $500.00 per each 1,000 square feet of gross floor
area
|
|
20,000 + square feet
|
$500.00
|
$6,000.00 + $400.00 per each 1,000 square feet above 20,000
feet of gross floor area
|
|
Application Fees
|
Escrow to Be Deposited
| |
|---|---|---|
|
Final:
| ||
|
Total Floor Plan
| ||
|
0-1,999 square feet
|
$150.00
|
$2,000.00
|
|
2,000 — 20,000 square feet
|
$250.00
|
$2,500.00 + $250.00 per 1,000 square feet of gross floor area
|
|
20,000 + square feet
|
$375.00
|
$3,000.00 + $200.00 per each 1,000 square feet above 20,000
sq. ft. of gross floor area
|
4.
Other Submissions:
|
Application Fees
|
Escrow to Be Posted
| |
|---|---|---|
|
Conditional use approval
|
$250.00
|
$2,000.00
|
|
Appeals under 40:55D-70a
|
$250.00
|
$1,000.00
|
|
Interpretation or special questions under 40:55D-70b
|
$250.00
|
$1,000.00
|
|
Hardship variances for more than one residential unit or other
type of use under 40:55D-70c
|
$250.00
|
$1,000.00
|
|
Hardship variances for one residential unit
|
$100.00
|
$500.00
|
|
Use variances under 40:55D-70d
|
$250.00
|
$2,500.00
|
|
Permits under 40:55D-34 and 36
|
$250.00
|
$1,000.00
|
|
Modifications of previously approved plans without changes to
MIC or FAR
|
$250.00
|
$1,500.00
|
|
All other modifications of previously approved plans
|
$375.00
|
One-half of original deposit
|
|
Re-submittal of an application for preliminary or final major
subdivision or site plan approval where applicant has submitted an
application deemed incomplete
|
$125.00
|
No additional escrow
|
|
Soil erosion and sedimentation control plan certification
|
$100.00 for the first core or portion thereof, plus $10.00 per
acre for every additional acre up to and including 20 acres, plus
$5.00 per acre for acreage over 20 acres
|
None
|
|
List of persons within 200 feet
|
$10.00 or $0.25 per name, whichever is greater
|
None
|
|
Subdivision certificate of approval
|
$10.00
|
None
|
|
Historic preservation commission
| ||
|
Additions/alterations
|
$25.00
|
$100.00
|
|
New construction/ relocations/demolitions
|
$100.00
|
$250.00
|
5.
Amended:
|
Application Fees
|
Escrow to Be Posted
| |
|---|---|---|
|
Submissions:
| ||
|
Revised or amended plans or submissions in all categories
|
$150.00
|
An amount not to exceed 50% of the original escrow requirement
as determined by the designated agent of the board of jurisdiction
|
6.
|
Application Fees
|
Escrow to Be Posted
| |
|---|---|---|
|
Informal pre-application fee for meetings with Township contract
professionals, except minor subdivision or hardship variance for a
single family detached residential unit:
|
None
|
$1,000.00
|
c.
Inspection fees.
1.
The amount of fees to be paid to the Township for engineering inspections
and incidental engineering services in connection with approved applications
for development as defined in N.J.S.A. 40:55D-3, shall be charged
at the authorized rate of the engineer or other consultant approved
by the Township and in effect at the time the service is rendered.
Services provided by Township employees including but not limited
to the Township engineer, shall be charged at a rate equal to the
hourly salary rate of each employee providing services, as established
by the annual salary ordinance, plus 100% fringe benefits and overhead
allowance.
2.
Fees shall be uniform for both the Planning Board and zoning board
of adjustment.
d.
Miscellaneous.
1.
If final total square footage is unknown, fees and escrows shall
be based upon maximum floor area permitted under Township zoning ordinances.
2.
For site plans involving expansion, additions and modifications of
existing buildings, fees and escrow deposits shall be calculated on
the area of the expansion, addition or modification, only.
3.
Development review fees for either subdivision or site plan applications
may be proportioned to stages of submittals as approved by the Planning
Board.
4.
Unexpended escrow deposits for sketch plats and concept plans shall
be credited against escrow deposits due upon filing of an application
for development.
e.
Escrow deposits.
1.
Within 45 days after the filing of an application for development,
the appropriate board's designated official shall review the application
to determine whether the escrow amounts set forth above are adequate,
including whether escrow fees should be charged for applications for
which the escrow deposit is listed as "None Required." In conducting
such review, the following criteria shall be considered.
(a)
The presence or absence of public water or sewer servicing site.
(b)
Environmental considerations, including but not limited to geological,
hydrological, and ecological factors.
(c)
Traffic impact of the proposed development.
(d)
Impact of the proposed development on existing aquifer or water
quality.
(e)
Impact on improvements which might require off-tract or off-site
contributions agreements.
(f)
Impact on open space, landscaping, woodlands and the like.
2.
If additional sums are deemed necessary, the applicant shall be notified
of the required additional amount and shall add such sum to the escrow
within ten days of receipt of such notice for additional sums. Each
applicant shall, prior to the application being deemed complete, submit
to the Township treasurer in cash or by certified check or money order
the amount of additional escrow deposit determined by the appropriate
board's designated official to be due in accordance with this subsection
and shall complete all forms as required by the appropriate board's
designated official. The board of jurisdiction may make the continued
current payment of all escrow fees due and to be due under paragraphs
b through d and g from applicant a condition of the approval of any
application.
f.
Payment of additional fees incurred during the course of review for
which escrow deposit is insufficient. Upon the funds in the escrow
account being reduced to 30% of the amount initially deposited, the
appropriate board's designated official shall after notification by
the treasurer forthwith bill the applicant for any charges for professional
services it being the intent of this section that such 30% be retained
in the escrow account until any refunds are due. The appropriate board's
designated official shall also bill the applicant forthwith for any
professional services covered by this section whether or not funds
have been refunded pursuant to paragraph f thereof. Payment is due
within 15 days of receipt of such bill.
g.
Failure to pay amounts due. If the applicant has failed to pay any
amounts due under this section, the Township may: (1) stop construction
until such amounts and penalties equal to an interest payment on unpaid
bills of 1 1/2% per month plus Township legal fees and collection
charges necessary to collect any unpaid bills are paid; (2) deny the
issuance of any construction permits or certificates of occupancy
if such amounts are due and payable; (3) deem any approval conditioned
by the board of jurisdiction on applicant's payment of any amounts
under this section to be null and void as though the board of jurisdiction
had denied such application on the date of conditional approval; (4)
through the board of jurisdiction, deny the application. In addition,
all escrow charges which are due and owing shall become a lien on
the premises with respect to which said charges are required and shall
remain so until paid. Said overdue charges shall accrue the same interest
from time to time as taxes upon real estate in the Township. The Township
shall have the same remedies for the collection thereof with interest,
costs, and penalties as it has by law for the collection of taxes
upon real estate. The applicant shall be responsible for all costs
of collection of unpaid escrow fees, including attorneys fees at standard
rates and all costs. The board of jurisdiction may deny the application
if the applicant has failed to pay any amounts due under this section.
h.
Unexpended escrow funds. All unexpended escrow funds shall be refunded
to the applicant within a reasonable time after the last building
permit is issued or such earlier time as the chief financial officer
certifies that all professional services to be paid by escrow funds
have been completed and billed. The refunding process will be in accordance
with the guidelines and procedures established by the division of
local government services in effect at that time. In no event, however,
shall the application fees required pursuant to this section be refunded.
i.
Fee for inspection of constructed improvements.
1.
Each applicant shall pay all reasonable costs (including overtime
charged by any professional) for the municipal inspection of the constructed
site and off-site improvements for improvements not otherwise inspected
pursuant to the Uniform Construction Code, and shall execute an agreement
in a form provided by the Township obligating itself to do so. An
escrow fund will be established with the Township before construction
begins, and such funds shall be used to pay the fee and costs of professional
services employed by the Township to inspect the construction.
2.
An initial fee of 7% of the estimated cost of the improvements up
to $100,000 and 3 1/2% of the estimated cost of improvements over
$100,000 shall be deposited with the Township prior to the issuance
of any construction permit. The basis for fees to be charged by the
Township for inspection services shall be the same fee basis the Township
uses to pay for Township related projects, including over-time charges.
The estimated cost of improvements shall be calculated by the Township
engineer based on current competitive prices for similar work in the
area.
j.
Itemized bills. A monthly itemized bill for fees not paid from escrowed
funds will be forwarded to the applicant when the escrow amount has
been reduced to less than 30% of the amount initially deposited, it
being the intent of this section that 30% of such amount be retained
in the escrow account until the inspections are completed. Payment
is due within 15 days of receipt of such bill. Interest at the rate
of 1 1/2% per month shall be charged on all payments not received
within 15 days of receipt of the bill. All unexpended escrow funds
shall be returned to the applicant within a reasonable time after
receipt of written request of the applicant, and the Township engineer
certifies that the inspections have been completed, and the release
of escrow funds approved.
k.
Use of performance bonds. Any performance bond, letter of credit
or other guarantee provided by an applicant shall provide that the
Township may, in its sole and absolute discretion, apply any funds
available from any such performance bonds, letter of credit or other
guarantee posted by the applicant against the amount owed hereunder
by providing applicant ten days prior written notice of the Township's
intent to draw against the performance bond, letter of credit or guarantee.
If the Township shall draw against the performance bond, letter of
credit or other guarantee, the applicant shall replenish said draw
within 10 days of written notice. Failure to restore funds shall be
a default and the Township shall have, in addition to any others,
all rights set forth in paragraph g hereof.
l.
Waiver for lower income housing. Notwithstanding any other provision
of this section, a waiver of all Township subdivision and site plan
escrow fees and building permit and certificates of occupancy fees
shall be granted by the approving Township agency for all housing
units being provided by the applicant for low and moderate income
families.
m.
Deposit of escrow funds. The Township treasurer shall deposit all
escrow funds in accordance with N.J.S.A. 40:55D-53.1, and shall charge
the administration fee permitted thereunder to defray the cost of
administrating said account.
[1]
Editor's Note: The Escrow Agreement Form, referred to herein,
may be found as an attachment to this chapter.
[Ord. 1976-21; Ord. 1981-13; Ord. 1984-23]
a.
Any interested party may appeal to the Township Council any final
decision of a board of adjustment approving an application for development
pursuant to N.J.S. 40:55D-70d (use variance). Such appeal shall be
made within ten days of the date of publication of such final decision.
The appeal to the Township Council shall be made by serving the Township
Clerk in person or by certified mail with a notice of appeal specifying
the grounds thereof and the name and address of the appellant and
name and address of his attorney, if represented. Such appeal shall
be decided by the Township Council only upon the record established
before the board of adjustment.
b.
Notice of the meeting to review the record below shall be given by
the Township Council by personal service or certified mail to the
appellant and to all persons who appeared on the matter before the
board below and to the board from which the appeal is taken at least
ten days prior to the date of the meeting. The parties may submit
oral and written argument on the record at such meeting, and the governing
body shall provide for verbatim recording and transcripts of such
meeting.
c.
The appellant shall: (1) within five days of service of the notice
of the appeal pursuant to paragraph a hereof, arrange for a transcript
- a typed or printed verbatim record of the proceedings - Pursuant
to N.J.S. 40:55D-10 for use by the Township Council and pay a deposit
of $50 or the estimated cost of such transcription, whichever is less;
or (2) within 35 days of service of the notice of appeal, submit a
transcript as otherwise arranged to the Township Clerk; otherwise,
the appeal may be dismissed for failure to prosecute.
In the event the appellant arranged for the Township to furnish
a transcript the rate thereof shall be $1 for each page of 250 words
and $0.25 per page for each copy thereof. The appellant shall furnish
10 copies to the Township Council for its use, one copy to the applicant
(if the applicant is not the appellant) and one copy to the agency
from which the appeal is taken.
The Township Council shall conclude a review of the record below
not later than 95 days from the date of publication of notice of the
decision below pursuant to N.J.S. 40:55D-10 unless the applicant consents
in writing to an extension of such period. Failure of the Township
Council to hold a hearing and conclude a review of the record below
and to render a decision within such specified period shall constitute
a decision affirming the action of the board.
d.
The Township Council may reverse, remand or affirm with or without
the imposition of conditions the final decision of the board of adjustment
approving a variance pursuant to N.J.S. 40:55D-70d. The review shall
be made on the record made before the board of adjustment.
e.
The affirmative vote of a majority of the full authorized membership
of the Township Council shall be necessary to reverse, remand, or
affirm with or without conditions any final action of the board of
adjustment.
|
NOTE (Certain sections saved from repeal): The remainder of Chapter 20 of the Revised General Ordinances of the Township of East Windsor, which was contained in the codification of April 14, 1970, is hereby repealed, except for the following sections, which are hereby saved from repeal but shall henceforth be operative only to the extent the same were operative at the time of passage of this chapter. They are included in this chapter as §§ 20-34 and 20-35.
|
[Ord. 1998-13]
It is the purpose of these ordinance provisions to provide specific
zoning conditions and standards for the location and operation of
antennas which are used for the transmission and reception of wave
frequencies for the purposes of any wireless telecommunication (e.g.,
telephone, radio, paging and/or television communication) within the
Township of East Windsor which recognize the need to safeguard the
public good and preserve the intent and the purposes of the East Windsor
Township zone plan.
The overall objective of these ordinance provisions is to enable
the location within East Windsor Township of those antennas which
are necessary to provide adequate cellular communication services
while, at the same time, limiting the number of supporting towers
to the fewest possible. Therefore, since it is recognized that a number
of service carriers have the potential to provide cellular communication
service within the Township of East Windsor, it also is an objective
of these ordinance provisions that many of the different carriers
collocate their antennas on the same tower in order to limit the overall
number of towers within the Township to the fewest possible.
In order to provide evidence that the proposed location of the
proposed antennas (and any proposed supporting tower and ancillary
building enclosing related electronic equipment) have been planned
to result in the fewest number of tower locations within the Township
of East Windsor at the time full service is provided by the applicant
throughout the Township, the applicant shall provide an overall comprehensive
plan indicating how it intends to provide full service throughout
the Township of East Windsor and, to the greatest extent reasonably
possible, shall indicate how its plan specifically relates to and
is coordinated with the needs of all other providers of cellular communication
services within the Township of East Windsor. Essentially and summarily,
the overall comprehensive plan shall indicate the following:
a.
How the proposed location of the proposed antennas relates to the
location of any existing towers within and near the Township of East
Windsor;
b.
How the proposed location of the proposed antennas relates to the
anticipated need for additional antennas and supporting towers within
and near the Township of East Windsor by the applicant and by other
providers of cellular communication services within the Township;
c.
How the proposed location of the proposed antennas relates to the
objective of collocating the antennas of many different providers
of cellular communication services on the same tower; and
d.
How the proposed location of the proposed antennas relates to the
overall objective of providing full cellular communication services
within the Township of East Windsor while, at the same time, limiting
the number of towers to the fewest possible.
If needed in accordance with an overall comprehensive plan for
the provision of full cellular communication services within the Township
of East Windsor utilizing the fewest number of towers as possible,
cellular antennas for telephone, radio, paging and/or television communication
shall be permitted at the following prioritized locations:
a.
The first priority location shall be an existing tower or an existing
or proposed water tower or water standpipe within or near the Township
of East Windsor;
b.
The second priority location shall be on lands owned by the Township
of East Windsor;
c.
The third priority location shall be on lands within the Township
of East Windsor zoned within the "TC," "R-O" or "I-O" Districts;
d.
In no case shall cellular antennas for telephone, radio, paging and/or
television communication be located within a street right-of-way or
within 100 feet thereof; and,
e.
To the greatest extent possible, no antenna and/or its supportive
tower shall be located to be visible from any locally, state or federally
designated historic district or site.
a.
If the proposed antennas will be attached to an existing tower or
to an existing or proposed water tower or water standpipe, no land
area shall be required in addition to the land area upon which the
existing structure is situated; or
b.
If the proposed antennas and supporting tower will be on lands owned
by the Township of East Windsor, the land area required shall be as
approved by the Planning Board in consideration of existing site conditions
and surrounding land uses and shall be subject to a lease agreement
between the applicant and the Township of East Windsor; or
c.
If the proposed antennas and proposed new supporting tower will be
on lands within the Township of East Windsor zoned "TC," "R-O" or
"I-O," the following minimum requirements shall be met:
(1)
The proposed antennas and proposed supporting tower and ancillary
building enclosing related electronic equipment shall be located on
a lot at least one acre in area; and
(2)
Excepting for any access driveway into the property, any required
landscaping and any underground utility lines reviewed and approved
by the Planning Board as part of the site plan submission, no building,
structure and/or disturbance of land shall be permitted within a 150
foot setback distance from any street line or any other existing or
proposed property line, except that greater setback distances shall
be required in accordance with the following:
(i)
No tower shall be located within 250 feet from any residential
zoning district boundary line or from any lot line of any lot which
is occupied by a residential use; and
(ii)
If the tower will exceed 100 feet in height, the tower shall
be set back a distance equivalent to one and one-half times its height
from any street line and from any other property line.
The height of any proposed antenna and any proposed new tower
shall be demonstrated by the applicant to be the minimum height necessary
for the proposed installation to satisfactorily operate.
a.
Any proposed building enclosing related electronic equipment shall
not be more than 15 feet in height nor more than 600 square feet in
area, and only one such building shall be permitted on the lot for
each provider of cellular communication services located on the site.
b.
Any proposed new tower shall be a "monopole" unless the applicant
can demonstrate, and the Planning Board agrees, that a different type
pole is necessary for the collocation of additional antennas on the
tower.
c.
No antenna shall be located on any tower in order to provide noncellular
telephone service; such service shall be provided via existing telephone
lines if available to the site, or by the underground extension of
telephone lines to the site if necessary.
d.
All proposed antennas, any proposed new tower and any proposed building
enclosing related electronic equipment shall be architecturally and
visually (e.g., color, bulk and size) compatible with any surrounding
existing buildings, structures, vegetation and sight vistas and with
any uses, buildings and structures likely to exist in accordance with
the subject zoning district.
e.
Other than typical "warning" and equipment information signs, no
signs are permitted.
f.
No lighting is permitted except as follows, which shall be subject
to review and approval by the Planning Board as part of the site plan
application:
(1)
The building enclosing electronic equipment may have one light
at the entrance to the building, provided that the light is attached
to the building, is focused downward and is switched so that the light
is turned on only when workers are at the building; and
(2)
No lighting is permitted on a tower except lighting that specifically
is required by the Federal Aviation Administration (FAA), and any
such required lighting shall be focused and shielded to the greatest
extent possible so as not to project towards adjacent and nearby properties.
g.
No cellular antenna and/or its related electronic equipment shall
interfere with any public safety communications.
h.
All equipment shall be designed and automated to the greatest extent
possible in order to reduce the need for on-site maintenance and thereby
minimize the need for vehicular trips to and from the site.
i.
Minimal off-street parking shall be permitted as needed and as approved
by the Planning Board.
j.
All towers shall be designed with anti-climbing devices in order
to prevent unauthorized access.
k.
All towers supporting the cellular antennas and any building enclosing
related electronic equipment shall be surrounded by a decay resistant
fence between six feet and eight feet high. The fence shall be bordered
by a single row of evergreen conifers, at least eight feet tall at
time of planting and planted four foot on center.
l.
In order to address any particular characteristics of the proposed
site, such as, but not limited to, relatively steep slopes or a relatively
high potential for soil erosion, additional measures to promote a
safe facility shall be permitted as appropriate and as approved by
the Planning Board.
m.
Between any existing or zoned residential property bordering the
proposed lot and the location of any proposed new tower or any proposed
building enclosing related electronic equipment, a landscaped buffer
at least 20 feet deep shall be provided in accordance with the following:
(1)
The landscaped buffer shall consist of a combination of existing
and/or newly planted evergreen and deciduous trees of sufficient density
to screen the view of the tower and building from the surrounding
residential properties to the maximum extent reasonably possible;
and
(2)
Any newly planted evergreen trees shall be at least eight feet
high at time of planting, and any newly planted deciduous trees shall
be a minimum caliper of two inches at time of planting.
a.
Cellular antennas for telephone, radio, paging and/or television communication shall require major site plan review and approval in accordance with Chapter 19A of the Revised General Ordinances of the Township of East Windsor, which chapter is cited as the "Site Plan Review Ordinance"; and
b.
In addition to the applicable documentation and items of information
required for major site plans in the "Site Plan Review Ordinance"
and on the related check list, the following additional documentation
and items of information specific to cellular antennas for telephone,
radio, paging and/or television communication are required to be submitted
to the Planning Board for review and approval as part of the site
plan submission:
(1)
Documentation by a qualified expert regarding the capacity of
the proposed tower for the number and type of antennas;
(2)
Documentation by a certified expert that any proposed tower
will have sufficient structural integrity to support the proposed
antennas and the anticipated future collocated antennas and that the
structural standards developed for antennas by the Electronic Industries
Association (EIA) and/or the Telecommunication Industry Association
(TIA) have been met;
(3)
A letter of intent by the applicant, in a form which is reviewed
and approved by the Township attorney, indicating that the applicant
will share the use of any tower with other approved cellular communication
services; and
(4)
A visual sight distance analysis, graphically simulating the
appearance of any proposed tower and indicating its view from at least
the five locations around and within one mile of the proposed tower
where the tower will be most visible.
The applicant shall provide a performance bond and/or other
assurances satisfactory to the Planning Board and in a form approved
by the Township attorney that will cause the antennas, the supporting
tower, the ancillary building enclosing related electronic equipment
and all other related improvements to the land to be removed, at no
cost to the Township, when the antennas are no longer operative. Any
communication facility not used for its intended and approved purpose
for a period of six months shall be considered no longer operative
and shall be removed by the applicant or their assigns within 60 days
thereof.
All other requirements of this chapter not contrary to the specific
conditions and standards specified herein shall be met, but waivers
and/or variances of such other applicable requirements of this chapter
may be granted by the Planning Board.
[Ord. 1976-21; Ord. 1981-13; Ord. 1991-9]
[Section 20-35 from April 14, 1970 Code saved from repeal]
a.
In order that the public health, morals, safety and general welfare
be furthered in an era of increasing urbanization and of growing demand
for housing of all types and design; to provide for necessary commercial
and educational facilities conveniently located to such housing; to
provide for well located, clean, safe, pleasant industrial sites involving
a minimum of strain on transportation facilities, to encourage the
planning of new towns; to encourage innovations in residential, commercial
and industrial development and renewal so that the growing demands
of the population may be met by greater variety in type, design and
layout of buildings and by the conservation and more efficient use
of open space ancillary to said buildings; so that greater opportunities
for better housing and recreation, shops and industrial plants conveniently
located to each other may extend to all citizens and residents of
the Township; and in order to encourage a more efficient use of land
and public services, or private services in lieu thereof, and to reflect
changes in the technology of land development so that resulting economies
may endure to the benefit of those who need homes; to lessen the burden
of traffic on streets and highways; to encourage the building of new
towns incorporating the best features of modern design; to conserve
the value of the land; and, in aid of these purposes, to provide a
procedure which can relate the type, design and layout of residential,
commercial and industrial development to the particular site and the
particular demand for housing and other facilities, including the
foregoing at the time of development in a manner consistent with the
preservation of the property values within established residential
areas and to insure that the increased flexibility of substantive
regulations over land development authorized herein is subject to
such administrative standards and procedures as shall encourage the
disposition of proposals for land development without undue delay,
this section is enacted pursuant to the authority granted by the Municipal
Planned Unit Development Act (1967).
b.
The Township Council desires to take full advantage of modern design,
construction, technology and planning methods as will advance and
promote the sound growth and general welfare of the Township, strengthen
and sustain its economic potentials; provide safe, efficient, economic
municipal services; and establish appropriate patterns for the distribution
of population, commerce and industry in a variety of accommodations
which are free and compatible with a modern way of life, coordinated
with the protection and enhancement of natural beauty and resources,
and in harmony with their surroundings, both within and without the
Township; and in order to provide for a variety of service activities,
school sites, parks, playgrounds, recreational areas, parking and
other open space in orderly relationship to each other and in conformity
to the development of the Township as a whole.
c.
In order to effectuate the aforegoing and to locate such planned
unit development as and by a single entity upon the most suitable
land in view of the rapidly expanding population of the community
and in order to insure that sound planning goals are met for the potential
use of the land and to prevent piecemeal and disorderly development
of large tracts of ground within the Township, to protect existing
uses and to insure provisions for light and air, the prevention of
overcrowding of land or buildings, the creation of an adequate road
network, to secure the health, morals and general welfare and for
the better securing of adequate municipal, utility and other necessary
functions; the following criteria and procedures are established:
[Ord. No. 1976-21; Ord. No. 1981-13, § 38; Ord. No. 1992-33, § I; Ord. No. 1993-4, § I; Ord. No. 2016-06 § 2]
All Planned Unit Development Districts shall have an initial
size of not less than 400 adjacent or contiguous acres. Public roads
shall not be deemed to divide acreage for this purpose. The following
shall be the permitted uses:
a.
All private institutional uses permitted by right or special permit
in any district and the structures and accessory features appurtenant
thereto. Areas devoted to such uses shall not be included in open
space requirements.
b.
All uses permitted in Residential Districts under the conditions
of this chapter for such zoning. This shall include, and be limited
to, detached, semi-detached, attached, multi-family, multi-story structures
and uses.
c.1.
Uses as permitted and authorized by
the Planning Board within Commercial and Industrial Districts of the
Planned Unit Development in accordance with the plan for land development
as adopted, modified or amended by the Planning Board. (See Table
1 - Commercial & Industrial Uses in PUD[1])
[1]
Editor's Note: Table 1 - Commercial & Industrial Uses
in PUD is included as an attachment to this chapter.
c.2.
Commercial uses may occupy up to 10% of the Planned
Unit Development District but not more than one acre for every 300
dwelling units. Commercial uses should be provided in appropriate
relation to the location and concentration of dwelling facilities
to be served thereby.
c.3.
The Planning Board shall insure that adequate setbacks,
buffers, and landscaping are provided as a result of the location
of commercial development adjacent to or across from existing residential
development in accordance with Subsection 20-35.4 herein.
c.4.
All applicable standards and/or requirements contained
in the East Windsor Township Zoning Ordinance and Technical Standards
Ordinance shall apply to commercial development in the Planned Unit
Development.
d.1.
Uses as permitted in the I-O Industrial
Office Park Zoning District of East Windsor Township shall occupy
lands designated Industrial in the PUD master plan, subject to the
controls herein governing such development under this chapter.
d.2.
Development and/or site plan design standards in
the I-O Industrial Office Park Zoning District shall also be used
as guidelines for development of such uses within the Planned Unit
Development District.
d.3.
The Planning Board shall insure that adequate setbacks,
buffers and landscaping are provided as a result of the location of
industrial development adjacent to or across from existing residential
development.
d.4.
All applicable standards and/or requirements contained
in the East Windsor Township Zoning Ordinance and Technical Standards
Ordinance shall apply to such development in the Planned Unit Development.
e.
Open spaces such as parks, recreation areas, golf
courses, public institutional and public school sites, playgrounds,
drainage or other ways which shall be provided at a ratio of not less
than 12 acres of open space for every 300 dwelling units. Not less
than 25% of the total gross acreage in such open space shall be vacant
ground and available to the Township or other public ownership for
school sites, parks, drainage ways or other purposes acceptable to
the Township Council.
a.
The overall population density shall not exceed an average gross
density of four and five-tenths dwelling units per acre, further providing
that the net residential density or any controlled density may be
established in accordance with the comprehensive plan in three density
ranges herein specified as: areas of low density which shall not exceed
four dwelling units per acre, areas of middle density of not more
than 15 dwelling units per acre which may be in the form of garden
apartments or similar clustered dwelling units sharing common services,
a maximum high density development of not more than 18 dwelling units
per acre for elevator-serviced structures.
b.
Minimum floor areas per family dwelling unit shall not apply, but
shall be consistent with purposes set forth in this chapter.
a.
Plot and lot sizes and dimensions and structure heights and locations
thereon may be freely disposed and arranged in conformity to the overall
density standards herein and to the conditions of comprehensive plans
therefor, the general features and design of which shall be approved
by the Planning Board. Minimum lot size or frontage, minimum percentage
of lot coverage are not specified herein although the Planning Board
may be guided by standards set elsewhere herein for comparable conditions
and by common good practice.
b.
Except as follows, other provisions of this chapter governing side
and rear yard sizes in residential areas shall not apply.
c.
A minimum setback distance or front yard of 50 feet shall be provided
on all existing state and county roads, or on any main roads or thoroughfares
so designated on the master plan of the Township.
d.
Except for a town house or semi-detached dwelling which is a part
thereof or connected thereto, no single-family detached dwelling and
no addition to any single-family detached dwelling, and no structure
exceeding ten feet in height shall be erected within a distance of
less than 25 feet of any single-family dwelling.
e.
Every single-family detached dwelling shall have access to a public
street, court, walkway or other area dedicated to public use or subject
to an easement for access. The boundaries and extent of the lot or
plot upon which any single-family detached dwelling is located shall
be clearly defined and monumented.
f.
All open spaces between structures shall be protected where necessary
by fully-recorded covenants running with the land, conveyances or
dedications.
g.
Dedicated streets or highways shall be subject to all other Township
ordinances and the laws of the State of New Jersey.
h.
All along boundary lines of any Planned Unit Development District,
except where they coincide with the right of way lines of a federal,
state or county road, public utility right of way, or public parks,
the same zoning provision shall prevail which regulates side yards,
rear yards, screen planting and other protective or transitional features
as applied to all uses which are permitted in the private properties
which adjoin such property lines, except that single-family detached
dwellings which adjoin another municipality shall have a minimum rear
yard of 25 feet.
i.
In commercial areas of the Planned Unit Development District the
following standards shall apply:
1.
Development Standards.
(a)
A minimum of 50,000 square feet shall be provided for each commercial
use. This standard, however, shall not apply to existing parcels of
50,000 square feet or less which were established prior to May, 1980.
(b)
Maximum Improvement Coverage: 80% of the lot.
(c)
At least 20% of the total lot or development area shall be devoted
to open space which should include, but not he limited to, required
natural buffer areas and plantings in parking areas.
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(d)
Maximum height for any building erected, altered or used shall
not exceed 40 feet or three stories.
(e)
Minimum yards.
i.
Front Yard: When parking is excluded from the front yard, a
minimum 50-foot building setback shall be provided. When parking is
permitted in the front yard, a minimum 80-foot front building setback
shall be provided. Of this 80-foot setback, at least 15 feet nearest
the street should be a landscaped strip.
ii.
Rear Yard: 25 feet.
iii.
Side Yards: two side yards having an aggregate
width of not less than 35 feet neither side yard having a width of
less than 10 feet.
(f)
When more than one structure is located on a lot, the structures
shall be located no closer than 25 feet, except that all structures
connected by common roof lines or covered walkways shall be considered
as one building.
2.
Design Standards.
(a)
All buildings shall be erected, altered or used, and a lot used
or occupied to reflect and harmonize with the character of the existing
development in the Planned Unit Development District.
(b)
Each use, other than a parking lot, off-street loading facility
or public utility, shall be conducted within a completely enclosed
building. This provision shall not apply to uses which are accessory
and/or incidental to the principal use.
(c)
All structures shall be so located on lots as to provide safe
and convenient access for servicing, fire protection, and required
off-street parking.
(d)
Township off-street parking regulations shall apply to all commercial
development in the Planned Unit Development District.
i.
Unified physical or functional parking arrangements shall be
provided by using common facilities or designing for separate abutting
parking facilities.
ii.
When appropriate, natural plantings shall be located on islands
physically separating parking spaces or otherwise interspersed throughout
the entire parking area to enhance aesthetics and environmental qualities.
Off-street parking areas shall be designed to complement and enhance
the specific uses as well as the overall physical and natural environment
of the district's commercial areas.
(e)
Driveways provided to serve off-street parking areas shall conform
to Township regulations and also be subject to the following requirements:
i.
Each lot and/or property shall have no more than two driveways
on any existing street line. If more than one driveway is provided,
one shall be an "entrance only" and the other an "exit only".
ii.
The total number of direct access points onto Route 33 shall
be minimized by permitting no more than one additional exit from each
vacant commercial lot and/or property.
iii.
Primary access to any site shall be from either
Avon Drive or Abbington Drive to primarily serve residents of the
PUD. Total number of driveways shall be minimized on any lot and/or
property. New driveways shall be combined with existing ones wherever
possible and/or feasible.
(f)
A permanent landscaped area, known as a buffer area, shall be
located between any portion of any parking lot or any property line
which is adjoining or opposite residential uses. The buffer area shall
be planted with a visually effective screen at such densities so as
to obscure commercial activity from residential uses. The buffer area
shall be an area of land at least 25 feet in width with landscape
architectural treatment as set forth in the Technical Standards.
Any combination of evergreen trees, deciduous trees, mounding,
hedges or other natural vegetation shall be allowed provided they
are properly related to one another and surrounding land uses.
The buffer area shall be designed to control noise, glare, and
dust emanating from the use and shall be designed to complement visually
any other proposed uses and character of the immediate neighborhood.
The buffer area shall be located so as not to interfere with
existing and proposed parking facilities, loading and unloading areas
and visibility at points of ingress and egress.
The buffer area, as well as the remainder of the front, side,
and rear yard areas, shall be maintained in a careful and prudent
manner by the owner or tenants. All vegetation shall be permanently
maintained and in the event of death or other destruction, shall be
replaced within a reasonable period of time.
(g)
All development shall preserve, or incorporate, existing natural
features of the site (such as woods) which add to the overall visual
character and environmental quality of the commercial use.
(h)
The developer shall be encouraged to provide amenities for general
community or customer use, such as tot-lots, vest pocket parks, court
yards, bicycle racks, open space, benches, drinking fountains, trash
receptacles, sitting areas and other services necessary for the comfort
and convenience of the prospective users of the commercial development.
(i)
Whenever possible, pedestrian and bicycle circulation systems
shall be designed to extend through and connect with open space, common
areas, commercial sites and throughout the rest of the Planned Unit
Development, rather than follow along or parallel to roads and driveways.
Access by means of sidewalks shall be provided between parking areas
and the commercial buildings which they serve. Street and driveway
crossings shall be kept to a minimum and should be restricted to areas
of least traffic flow.
(j)
The following standards shall also be used in the evaluation
of any proposed use:
i.
No building or group of buildings may be erected, altered or
used and no lot or premises may be used or occupied that is noxious,
or offensive by reason of odor, dust, smoke, gas, vibration or noise.
ii.
No building or group of buildings shall be erected, altered
or used and no lot shall be used or occupied that will create a hazardous
traffic condition on the roads, adjacent to the proposed use, or cause
a nuisance to surrounding property by reason of truck traffic.
iii.
A proposed use shall not create any objectionable
condition in an adjoining area which will endanger public health and/or
safety or be detrimental to the character of the surrounding neighborhood.
(k)
Township standards and/or requirements contained in the Land Subdivision (Chapter 19) and Technical Standards (Chapter 22) Ordinances shall apply to all commercial parcels when such criteria have not been specifically drafted as part of these required standards. The Township Planning Board may also be guided by standards established elsewhere in the Zoning Ordinance (Chapter 20) and by good planning practice.
(l)
All development shall be consistent with the goals and objectives
of the Master Plan of East Windsor Township, Mercer County, New Jersey
as adopted and, from time to time, amended by the Township Planning
Board.
The developer shall furnish public water and sewage facilities
based on a written agreement with the Township municipal utilities
authority, after a joint conference with the Planning Board. The developer
shall provide all necessary storm drainage, highway access, paved
service streets, parking facilities, and off-street lighting, making
reasonable provision for service to connections with adjoining properties
in other ownerships.
a.
Every structure or group of structures and uses, including those
of an institutional, charitable or public nature, and every designed
plot area or cluster unit having services, facilities or utilities
in common private usage and in common ownership or control by its
occupants or which functions as an independent corporate property
owner or agent of management shall be located upon and within a lot
or plot of land which shall be fully dimensioned and designated as
representing the area of responsibility and extent of such individual
or group ownership or management as may be established by ownership
in full or partial fee or for lease under deed covenant, lease contract
or such other conditions of usage or occupancy legally established
and recorded therefor; and a description or plan of each such lot
or plot shall be filed separately or as part of the descriptive maps
of a Planned Unit Development District with the Township tax assessor.
The landowner shall provide for and establish an organization
for the ownership and maintenance of any common open space, and such
organization shall not be dissolved nor shall it dispose of any common
open space, by sale or otherwise (except to an organization conceived
and established to own and maintain the common open spaces), without
first offering to dedicate the same to the Township or any other government
agency.
In connection with this chapter, the Planning Board may promulgate
rules and regulations to supplement the standards and conditions set
forth.
b.
Any Planned Unit Development District originally established under
the requirements of this chapter and completed, may be extended into
adjoining zones by later additions of contiguous lands in parcels
or units of not less than 50 acres each under the conditions established
for development of the original district, provided that it shall be
subject to the same procedure for approval and in conformity with
the standards herein set forth.
c.
All other ordinances dealing with subdivision control shall not apply
in Planned Unit Development Districts or extensions thereof.
Application for a Planned Unit Development shall be made in
duplicate on the form provided by the Township which shall be considered
an application for tentative approval. The fee for such application
shall be $5,000. Such application shall set forth the name of the
applicant, address of the applicant, the location of the land proposed
to be developed, the nature of the applicant's interest in the land,
the density of land use to be allocated to various parts of the site,
the location and size of any common open space, the form or organization
proposed to own and maintain common open space, the use, approximate
height, bulk and location of buildings or other structures, the proposed
provision for disposition of storm and sanitary water, the substance
of any covenants, grants, easements or any other restriction proposed
to be imposed upon the land or buildings including easements for public
utilities, the proposed provisions for parking, locations and widths
of proposed streets and ways, modifications from existing ordinances
governing streets or ways or land use being requested, the projected
schedule for development and the approximate times when final approvals
would be requested, a statement of why the public interest would be
served by the proposed development, such statements to be supported
by a detailed economic, social and physical study and wherein the
proposed development would meet the objectives of the Planned Unit
Development Act (1967) and this chapter. Application hereunder shall
be considered a request to establish a Planned Unit Development District
upon the lands so described.
Within 45 days after the filing of an application pursuant hereto,
a public hearing shall be held by the Planning Board, notice of which
shall be given in the manner prescribed in R.S. 40:55-34, et seq.,
for hearing on amendments to a zoning ordinance. The chairman or,
in his absence the acting chairman, of the Planning Board, may administer
oaths and compel the attendance of witnesses. All testimony by witnesses
at any hearing shall be given under oath and every party of record
at a hearing shall have the right to cross-examine adverse witnesses.
A transcript of the hearing shall be caused to be made by the Planning
Board, copies of which shall be made available at cost to any party
to the proceedings and all exhibits accepted in evidence shall be
identified and duly preserved, or if not accepted in evidence, shall
be properly identified and the reason for the exclusion clearly noted
in the record.
a.
Conduct of hearing. At the public hearing, the applicant shall present
evidence as to:
1.
Its general character and substance.
2.
Objectives and purposes to be served.
3.
Adequacy and completeness of standards.
4.
Satisfactory application of standards in specific details of design
and organization of elements and plans.
5.
Scale, scope.
6.
Economic feasibility.
7.
Time factors and sequential development potentials.
8.
Conformity to comprehensive plans for Township development.
9.
To this end, factual evidence and expert opinion shall be submitted
by the developers in the form of such necessary maps, charts, reports,
models and other tangible materials and in the form of sworn testimony
by experts, such as lawyers, architects, engineers, realtors, professional
planners and economists as will clearly state for record the full
nature and extent of the proposal.
10.
The procedures and approvals provided herein for tentative and
final approval of a plan for a Planned Unit Development and applications
for such tentative and final approval shall be in lieu of all procedures
and approvals specified in Sections 13, 14, 15, 17, 18 and 21 of Chapter
433 of the Laws of 1953, and all other ordinances of the Township.
b.
Tentative approval. Following the public hearing and within 60 days
and based on the foregoing evidence, the Planning Board shall either:
c.
Conclusions for granting or denial of plan. The grant or denial of
tentative approval shall be by written resolution including, but not
limited to, findings of fact and conclusions setting forth in what
respects the plan would or would not be in the public interest and:
1.
In what respects the plan is or is not consistent with the statement
of objectives of a planned unit development;
2.
The extent to which the plan departs from zoning and subdivision
regulations otherwise applicable to the subject property, including
but not limited to density, bulk and use, and the reasons why such
departures are not deemed to be in the public interest;
3.
The purpose, location and amount of the common open space in the
planned unit development, the reliability of the proposals for maintenance
and conservation of the common open space, and the adequacy or inadequacy
of the amount and purpose of the common open space as related to the
proposed density and type of development;
4.
The physical design of the plan and the manner in which the design
does or does not make adequate provision for public services, provide
adequate control over vehicular traffic, and further the amenities
of light and air, recreation and visual enjoyment;
5.
The relationship, beneficial or adverse, of the proposed planned
unit development to the neighborhood in which it is proposed to be
established; and
6.
In the case of a plan which proposes development over a period of
years, the sufficiency of the terms and conditions intended to protect
the interest of the public and of the residents and owners of the
planned unit development in the integrity of the plan.
d.
Implementation in section or stages. As a condition to tentative
approval of the Planned Unit Development Plan, the Planning Board
may permit the implementation of the plan in whole or in sections
or stages consisting of one or more sections or stages, under the
sequence of actions determined as a part of the Planned Unit Development
District Plan. Such sections or stages shall be:
1.
Substantially functionally self-contained and self-sustaining with
regard to access, parking, utilities, open spaces and similar physical
features, and capable of substantial occupancy, operation and maintenance
upon completion of construction and development.
2.
Properly related to other services of the community as a whole and
to those facilities and services yet to be provided in the full execution
and implementation of the Planned Unit Development District.
3.
Provided with such temporary or permanent transitional features,
buffers or protective areas as the Planning Board may require under
conditions of ownership and maintenance; as will prevent damage or
detriment to any completed section or stage, to other sections or
stages and to adjoining properties not in the Planned Unit Development
Plan. Plans and specifications of such sections or stages are to be
filed with the Planning Board and are to be of sufficient detail and
at such scale as to fully demonstrate the following:
(a)
The arrangement and site locations of all structures, primary
and accessory land uses, parking, landscaping, public and private
utilities and services facilities, and land ownership conditions.
(b)
Estimates of the economic base of the section or stage and its
one or more sections or stages as supported by such evidence as the
estimated cost and market values of structure and land improvement;
increase of taxable values; costs of maintenance and services to be
borne by public and private agencies; potential rental scales; costs
of utility installations, etc.
(c)
Estimates of its social characteristics, such as the size and
composition of future population in terms of probable family sizes
as occupants of the several dwelling unit types; their need for public
services and protection, for recreational facilities and for commercial
and professional services; anticipated rental scales, etc.
(d)
Such further evidence as shall demonstrate conformity to and
support of the principles and objectives of the Township master plan
and the enhancement of the living standards of the community with
conformity to the balance of residential, commercial, industrial and
public land utilization and the economic base as established in the
Planned Unit Development District plans.
e.
Issuance of permits. Upon finding that the plans and specifications
for the proposed development of the section or stage conform to the
above conditions, the Planning Board shall so inform the administrative
officers as are charged with the issuance of permits for the construction
of utilities or structures, and that upon presentation of requisite
working drawings and specifications such permits may be issued. Upon
substantial completion of any section or stage which shall include
all performance bonds, covenants and similar instruments to assure
such completion, and before proceeding with the review and approval
of additional sections or stages, the Planning Board may require a
report and review of the status, character and conditions of it and
other previously completed sections or stages with regard to their
compliance with the plans, specifications and estimates which formed
the basis for their approval. Upon finding that such compliance has
occurred, the board shall initiate proceedings for the review of the
new section or stage.
f.
Modifications or adjustments. As a further condition for approval
of later sections or stages, the board may require or permit adjustments
or modifications in the conditions established in the approved Planned
Unit Development District plan to compensate for differences between
the estimates of record on previously approved and completed sections
or stages as required under paragraph d above, and the actual conditions
prevailing on their completion. In this regard, consideration may
be given to the balance of land uses established, consistency with
the conditions of the Planned Unit Development District plan, extent
of variance from the social and economic estimates on which previous
approval may have been based, overall maximum and minimum requirements
established elsewhere in this chapter and the effect of unforeseen
changes, extreme conditions, or unexpected advantages which may have
resulted during the time of construction and development.
g.
Time within which application for final approval must be made. If
tentative approval is granted, with or without conditions, there shall
be set forth in the written resolution the time within which an application
for final approval of the plan shall be filed or, in the case of a
plan which provides for development over a period of years, the periods
of time within which applications for final approval of each part
thereof shall be filed. The time so established between grant of tentative
approval and an application for final approval shall not be less than
three months and, in the case of developments over a period of years,
the time between applications for final approval of each part of a
plan shall be not less than six months; provided nothing herein contained
shall be construed to limit a landowner from the presentation of any
application for final approval earlier than the time period hereinabove
set forth.
1.
In the event that tentative approval is granted, with or without
conditions, the same shall be noted on the zoning map maintained in
the office of the Township Clerk.
2.
In the event that a plan is given tentative approval, with or without
conditions, and thereafter, but prior to final approval, the landowner
shall elect to abandon part or all of the plan and so notify the Planning
Board in writing, or in the event the landowner shall fail to file
application for final approval within the required period of time
or times, as the case may be, tentative approval shall be deemed to
be revoked and all that portion of the area included in the plan for
which final approval has not been given shall be subject to those
local ordinances applicable thereto, as they may be amended from time
to time, and the same shall be noted on the zoning map in the office
of the Township Clerk.
h.
Application for final approval.
1.
Application for final approval may be for all the land included in
a plan or, to the extent set forth in the tentative approval, for
a section thereof. Applications shall be made to the Township Clerk
and within the time specified by the resolution granting tentative
approval.
The application shall include such drawings, specifications,
covenants, easements, conditions and form of performance bond as set
forth by written resolution of the municipal authority at the time
of tentative approval. A public hearing on an application for final
approval of the plan, or part thereof, shall not be required, provided
the plan, or the part thereof, submitted for final approval, is in
substantial compliance with the plan theretofore given tentative approval.
2.
A plan submitted for final approval shall be deemed to be in substantial
compliance with the plan previously given tentative approval, provided
any modification by the landowner of the plan as tentatively approved
does not: vary the proposed gross resident density or intensity of
use by more than 5%; involve a reduction of the area set aside for
common open space nor the substantial relocation of such area; increase
by more than 10% of the floor area proposed for nonresidential use;
increase by more than 5% the total ground areas covered by buildings
nor involve a substantial change in the height of buildings. A public
hearing shall not be held to consider modifications in the location
and design of streets or facilities for water and for disposal of
stormwater and sanitary sewerage.
3.
A public hearing shall not be held on an application for final approval
of a plan when the plan as submitted for final approval is in substantial
compliance with the plan as tentatively approved. The burden shall
nevertheless be on the landowner to show the Planning Board good cause
for any variation between the plan as tentatively approved and the
plan as submitted for final approval.
i.
Validity of final approval. A plan, or any part thereof, which has
been given final approval by the Planning Board shall be so certified
without delay by the clerk and shall be filed of record forthwith
in the office of the county clerk before any development shall take
place in accordance therewith. Upon the filing of record of the plan
all other ordinances and subdivision regulations otherwise applicable
to the land included in the plan shall cease to apply thereto. Pending
completion within five years of the planned unit development or of
that part thereof, as the case may be, that has been finally approved,
no modification of the provisions of the plan, or part thereof, as
finally approved, shall be made nor shall it be impaired except with
the consent of the landowner.
The final plan as approved shall be incorporated into the Township
master plan and the Township Clerk and building subcode official shall
be advised to issue the necessary permits in accordance herewith.
j.
Petition for review. Following approval of development plans, the
issuance of permits and substantial progress in the completion of
25% of the controlled density units thereof, measured as a percentage
of the acreage or anticipated population, whichever shall be the greater,
the developer may petition for review in detail of the previously
approved plans or units awaiting development or completion stating
his reasons therefor. Reasons may be based on such considerations
as changing social or economic conditions, potential improvements
in layout or design features, unforeseen difficulties or advantages
mutually affecting the interests of the Township and the developer,
such as technical causes, site conditions, state or federal projects
and installations and statutory revisions. The Planning Board, on
finding such reasons and petition to be reasonable and valid, may
consider the redesign in whole or in part of any Planned Unit Development
District, and shall follow in full the procedure and conditions herein
required for original submittal and review.
k.
Definitions.
1.
COMMON OPEN SPACE — A parcel of land or an area of
water, or a combination of land and water within the site designated
for a planned unit development, designed and intended for the use
or enjoyment of residents and owners of the planned unit development.
Common open space may contain such complimentary structures and improvements
as are necessary and appropriate for the benefit and enjoyment of
residents and owners of the planned unit development.
2.
LANDOWNER — The legal or beneficial owner of all
the land proposed to be included in a planned unit development. The
holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land, shall be deemed
to be a landowner for the purposes of this act.
3.
PLAN — The provisions for development of a planned
unit development, including a plat of subdivision, all covenants relating
to use, location and bulk of buildings and other structures, intensity
of use or density of development, private streets, ways and parking
facilities, common open space and public facilities. The phrase "provisions
of the plan" shall mean the written and graphic materials referred
to in this definition.
4.
PLANNED UNIT DEVELOPMENT, PLANNED COMMUNITY OR NEW TOWN — An
area of land, controlled by a landowner, to be developed as a single
entity for a number of dwelling units, including commercial and industrial
uses, if any, the plan for which does not correspond in lot size,
bulk or type of dwelling or commercial or industrial use, density,
lot coverage and required space to the regulations established in
any one or more districts created, from time to time, under the provisions
of a municipal zoning ordinance enacted pursuant to R.S. 40:55-30,
et seq.
5.
DWELLING UNIT — One or more rooms arranged for the
use of one or more individuals living together as a single housekeeping
unit with cooking, living, sanitary and sleeping facilities.
