Borough of Hightstown, NJ Article 28-3 Districts Established; Zoning Map

§ 28-3-1 Districts Established.

[1991 Code § 233-4; Ord. No. 93-852]

A. The Borough is hereby divided into the following zones or districts as shown on the zoning map:

R-1	Residential
R-2	Residential
R-3	Residential
R-4	Residential
R-MF	Multifamily
R-PE	Planned Residential - Elderly
R-PMF	Planned Residential - Multifamily
DTC	Downtown Core
DTG	Downtown Gateway
HC	Highway Commercial
RO	Research Office
I	Industrial
PED	Planned Economic Development

B. For purposes of this chapter, the more restricted district shall be deemed to be that district which is subject to regulations which prohibit the particular use intended to be made of such lot or which regulations require higher standards with respect to densities, coverage, setback, yards, screening, landscaping, parking and similar requirements.

§ 28-3-2 Zoning Map.

[1991 Code § 233-5; Ord. No. 2000-29; Ord. No. 2002-05; Ord. No. 2003-29; Ord. No. 2005-07; Ord. No. 2019-15; Ord. No. 2020-02[1]]

The boundaries of the districts are hereby established as shown on the Zoning Map, Borough of Hightstown, Mercer County, New Jersey, dated June 2020, which, with all explanatory matter thereon, is hereby adopted and made a part of this chapter by reference. Such map shall be kept on file in the offices of the Borough Clerk for the use and benefit of the public.

[1] Editor's Note: Ordinance 2020-02, the Property Listing (Exhibit "A") and the Map (Exhibit "B") were all amended at the time of adoption from the format that was initially introduced on 3-16-2020.

§ 28-3-3 Interpretation of Boundaries.

[1991 Code § 233-6]

In determining the boundaries of districts shown in the Zoning Map, the following rules shall apply:

A. Unless otherwise shown, the district boundary lines shall be construed to coincide with the center lines of streets, alleys, parkways, waterways, railroad rights-of-way or such lines extended.

B. Where such boundary lines are indicated as approximately following the property lines of parks or other publicly owned lands, such lines shall be construed to be such boundaries.

C. In all cases where a district boundary line divides a lot in one ownership and more than 65% of the area of such lot lies in the less restricted district, the regulations prescribed by this chapter for the less restricted district shall apply to that portion of such lot that lies in the more restricted district.

D. In all cases where a district boundary line is located not farther than 15 feet away from a lot line of record, such boundary line shall be construed to coincide with such lot line.

E. In all other cases, where dimensions are not shown on the map, the location of district boundary lines shown on the map shall be determined by the use of the scale appearing thereon.

F. In cases of uncertainty or disagreement as to the true location of any zone boundary line, the determination thereof shall lie with the Planning Board as hereinafter provided.

§ 28-3-4 Compliance Required; Required Open Space.

[1991 Code § 233-7]

A. No building shall be erected, moved, altered, rebuilt or enlarged, except as specified elsewhere in this chapter, nor shall any land be improved or building be used, designed or arranged to be used, for any purpose or in any manner, except in conformity with all regulations, requirements and/or restrictions specified in this chapter for the district in which such building or land is located.

B. No yard or open space required in connection with any building or use shall be considered as providing a required open space for any other building on the same or any other lot.

C. No lot shall be formed from part of a lot already occupied by a building unless such building, all yards and open spaces connected therewith and the remaining lot comply with all requirements prescribed by this chapter for the district in which such lot is located. No permit shall be issued for the erection of a building on any new lot thus created unless such building and lot comply with all the provisions of this chapter.

§ 28-3-5 R-1 Residential District.

[1991 Code § 233-8, 233-9; Ord. No. 93-852; Ord. No. 1997-33; Ord. No. 2010-08; Ord. No. 2013-13; Ord. No. 2015-28; Ord. No. 2020-01]

A. Permitted Uses. In the R-1 Residential District, the following uses, and no others, shall be permitted:

(1) Principal Uses:

(a) Detached single-family dwellings, which may contain a professional office or private school, subject to the regulations of § 28-10-4, or a customary home occupation subject to the regulations of § 28-10-7.

(b) Public or private schools, subject to the restrictions set forth in § 28-10-2.

(c) Places of worship, subject to the restrictions set forth in § 28-10-3.

(d) Public facilities.

(e) Public utility offices and facilities.

(f) Hospitals, sanitariums and nursing homes.

(g) Cemeteries, but not including mausoleums or crematoriums, and further limited to the properties used for cemetery purposes at the time of the adoption of Ordinance No. 93-852. It is not the intent of this subparagraph to prohibit additional grave sites on property used for cemetery purposes at the time of the adoption of the aforesaid ordinance.

(h) Agriculture and horticulture, including sale of farm products on properties where produced.

(i) Community residences for the developmentally disabled, community residences for the mentally ill and community residences for persons with head injuries.

(j) Community shelter for victims of domestic violence, as defined in N.J.S. 40:55D-66.2(b), housing up to six persons, exclusive of staff.

(k) Family day care homes, as defined in N.J.S. 40:55D-66.5 as a home occupation, subject to the regulations set forth in § 28-10-7.

(2) Accessory Uses:

(a) Carports, accessory garages and/or open parking spaces with necessary driveways for vehicles belonging to residents on the premises and their guests.

(b) Noncommercial solariums and home swimming pools, provided that suitable protective fencing at least four feet high shall surround the pool.

(c) Home-based occupations as defined in § 28-10-7 and professional offices, provided that the professional resides on the premises, and further provided that no more than one nonresident employee shall be permitted. The home-based occupations, professional offices, home study, noncommercial gym room or recreation room may be located in a detached garage. A kitchen, full bath or bedrooms are not allowed in the detached garage.

[Amended 3-7-2022 by Ord. No. 2022-03]

(d) Signs as provided in § 28-3-5B(12).

(e) Fences and walls.

(f) Subject to lot coverage requirements, no more than two storage sheds are permitted on a lot.

(g) Satellite dishes, subject to the restrictions and requirements set forth in § 28-10-19.

(h) Yard structures to include gazebos, pergolas or arbors, subject to the restrictions and requirements set forth in § 28-10-21.

(i) Playground equipment, including but not limited to swing sets, non-elevated children's playhouses, etc.; however, no zoning permit shall be required. Tree houses shall not be located within 10 feet of any property line.

[Amended 3-7-2022 by Ord. No. 2022-03]

(3) Conditional Uses. Shelters for victims of domestic violence housing more than six but fewer than 16 persons excluding staff, developed in accordance with the standards and conditions set forth in § 28-10-8.

B. Other Restrictions.

(1) Lot Area. A lot of not less than 15,000 square feet shall be required.

(2) Lot Width. A lot width of not less than 100 feet shall be required.

(3) Lot Depth. A lot depth of not less than 150 feet shall be required.

(4) Front Yard. No portion of any building shall be located nearer to any street line than 35 feet, except that projections such as windowsills, cornices, cantilevered roofs, open one-story porches, balconies, other roof overhangs, canopies, bay windows and others of the same nature may project not more than five feet into a required front yard. Further, no building erected on any lot need be set back farther from the street line than the average alignment of existing buildings within 200 feet on each side of the lot and within the same block front and district. Regardless of the alignment of neighboring buildings, however, no building erected between two existing buildings on immediately adjacent lots need be set back farther than that of the two buildings which is farther from the street line. The front yard setback shall be 50 feet for the following uses: Public or private schools, places of worship, public facilities, hospitals, sanitariums and nursing homes.

(5) Side Yards; Principal Buildings. There shall be two side yards having an aggregate width of 35 feet, each having a width not less than 15 feet. In the case of a corner lot, the side yard on the street side shall be not less than 25 feet.

(6) Side Yards; Accessory Buildings. There shall be two side yards having an aggregate width of 35 feet, each having a width of not less than three feet.

(7) Rear Yard; Principal Buildings. There shall be rear yard not less than 45 feet deep. In the case of a lot extending through from street to street, the front yard requirements shall be observed on both streets. Projections, such as windowsills, cornices, cantilever roofs, open one-story porches or decks, balconies, other roof overhangs, canopies, bay windows and others of the same nature, may project not more than five feet into a required rear yard.

(8) Rear Yard; Accessory Buildings. There shall be a rear yard not less than three feet deep behind accessory buildings. In the case of a lot extending through from street to street, the front yard requirements shall be observed on both streets.

(9) Height. The maximum height shall be 21/2 stories, not to exceed 35 feet. For accessory structures, the maximum height shall be 16 feet. The maximum height of a detached garage shall be 24 feet. The maximum eave height of the main roof of a detached garage shall be 12 feet.

[Amended 3-7-2022 by Ord. No. 2022-03]

(10) Lot Coverage. Total lot coverage of all buildings shall not exceed 20% of the gross lot area. The total lot coverage of all structures and other lot improvements shall not exceed 35% of the gross lot area.

(11) Parking. Off-street parking spaces shall be provided as follows:

(a) Detached single-family dwellings, two spaces.

(b) Public or private schools, one space for each six seats or area equivalent thereto, plus one space for each full-time employee.

(c) Places of worship, the same as for schools.

(d) Public facilities, one space for each 400 square feet of floor area where the building contains over 2,000 square feet of floor area.

(e) Public utility offices and other facilities, the same as for public facilities.

(f) Hospitals, sanitariums or nursing homes, one space for each four beds, plus one space for each full-time employee or volunteer or equivalent per shift.

(g) Cemeteries, one space for every 50 filled graves less than 20 years old.

(h) Agriculture and horticulture, none.

(i) Other uses when permitted by variance, the number required in the least restricted district where the use is permitted unless otherwise stipulated by the Planning Board.

(12) Signs. The following types of signs shall be permitted in the R-1 Residential District:

(a) Nameplates and Identification Signs. Signs indicating the name or address of the occupant or a permitted home occupation or profession bearing only the business name and profession of the user on the site, provided that they shall not exceed two square feet in area. Only one sign shall be permitted per dwelling unit, except in the case of corner lots, where two such signs, one facing each street, shall be permitted.

(b) Sales or Rental Signs. Signs advertising the sale or rental of the premises upon which they are located, provided that they shall not exceed four square feet in area. Not more than one such sign may be placed upon any property unless such property fronts upon more than one street, in which case two signs may be erected, one facing each street. Such signs shall be promptly removed when premises are sold or rented.

(c) Institutional and Agricultural Signs. Signs of schools, colleges, churches, hospitals or other institutions of a similar public or semipublic nature and signs for agricultural or horticultural establishments, provided that the size of any sign shall not exceed 20 square feet in area. Not more than one such sign shall be permitted for an institution unless the property fronts upon more than one street, in which case two such signs may be erected, one facing each street.

(d) Signs Accessory to Parking Areas. Signs designating entrances or exits to or from a parking area, provided that the size of any sign shall not exceed four square feet in area, and signs designating the identity and conditions of use of parking areas, provided that the size of any such sign shall not exceed eight square feet in area. Not more than one sign may be placed upon any property unless such property fronts upon more than one street, in which event two such signs may be permitted, one facing each street.

(e) Development Signs:

[1] Signs advertising the sale or development of the premises upon which they are located may be erected by a builder, contractor, developer or other person interested in such sale or development, provided that the area of any sign shall not exceed 20 square feet.

[2] Not more than one sign may be placed upon any such property unless such property fronts upon more than one street, in which event one such sign may be erected facing each street.

[3] Such sign shall be removed by the developer within 30 days of the final sale of the property.

(f) Directional Signs for Developments:

[1] Signs indicating the location and direction of premises available for or in the process of development, but not erected upon such premises, and having inscribed thereon the name of the owner, developer, builder or agent may be erected, provided that the area of any sign shall not exceed four square feet in area nor four feet in length.

[2] No more than one such sign may be erected on each 500 feet of street frontage.

[3] Such signs shall be removed by the developer within 30 days of the final sale of the property.

(g) Artisans' Signs:

[1] Signs of builders, electrical contractors, painters and other artisans may be erected and maintained during the period in which such persons are performing work on the premises, provided that the size of any such sign shall not exceed 12 square feet in area.

[2] Such signs shall be removed promptly upon completion of the work.

(h) Private driveways: signs indicating the private nature of a driveway, provided that the size of any such sign shall not exceed two square feet in area.

(13) Sight Triangles. Buildings, signs and other structures shall be located so that an adequate line of vision is provided across sight triangles as required in § 28-10-9.

§ 28-3-6 R-2 Residential District.

[1991 Code §§ 233-10, 233-11; Ord. No. 93-852; Ord. No. 2008-12]

A. Permitted Uses. In the R-2 Residential District, the following uses, and no others, shall be permitted:

(1) Principal Uses. Principal uses shall be the same as those permitted in the R-1 Residential District.

(2) Accessory Uses. Accessory uses shall be the same as those permitted in the R-1 Residential District.

(3) Conditional Uses. Conditional uses are the same as those set forth in the R-1 Residential District, § 28-3-5A(3).

B. Other Restrictions.

(1) Lot Area. A lot area of not less than 12,000 square feet is required.

(2) Lot Width. A lot width of not less than 100 feet shall be required.

(3) Lot Depth. A lot depth of not less than 120 feet shall be required.

(4) Front Yard. No portion of any building shall be located nearer to any street line than 30 feet, except that projections such as windowsills, cornices, cantilevered roofs, open one-story porches, balconies, other roof overhangs, canopies, bay windows and others of the same nature may project not more than five feet into a required front yard. Further, no building erected on any lot need be set back farther from the street line than the average alignment of existing buildings within 200 feet on each side of the lot and within the same block front and district. Regardless of the alignment of neighboring buildings, however, no building erected between two existing buildings on immediately adjacent lots need be set back farther than that of the two buildings which is farther from the street line. The front yard setback shall be 50 feet for the following uses: Public or private schools, places of worship, public facilities, hospitals, sanitariums and nursing homes.

(5) Side Yards; Principal Buildings. There shall be two side yards having an aggregate width of 35 feet, each having a width of not less than 15 feet. In the case of a corner lot, the side yard on the street side shall not be less than 10 feet.

(6) Side Yards; Accessory Buildings. There shall be two side yards having an aggregate width of 35 feet, each having a width of not less than three feet.

(7) Rear Yard; Principal Buildings. There shall be a rear yard not less than 40 feet deep. In the case of a lot extending through from street to street, the front yard requirements shall be observed on both streets. Projections, such as windowsills, cornices, cantilever roofs, open one-story porches or decks, balconies, other roof overhangs, canopies, bay windows and others of the same nature, may project not more than five feet into a required rear yard.

(8) Rear Yard; Accessory Buildings. There shall be a rear yard not less than three feet deep behind accessory buildings. In the case of a lot extending through from street to street, the front yard requirements shall be observed on both streets.

(9) Height. The maximum height shall be 2.5 stories, not to exceed 35 feet. For accessory structures, the maximum height shall be 16 feet.

(10) Lot Coverage. Total lot coverage of all buildings shall not exceed 20% of the gross lot area. The total lot coverage of all structures and other lot improvements shall not exceed 35% of the gross lot area.

(11) Parking. The regulations for parking shall be the same as for the R-1 District.

(12) Signs. The regulations for signs shall be the same as for the R-1 District.

(13) Sight Triangles. The regulations for sight triangles shall be the same as the R-1 District.

§ 28-3-7 R-3 Residential District.

[1991 Code §§ 233-12, 233-13; Ord. No. 93-852; Ord. No. 2008-12]

A. Permitted Uses. In the R-3 Residential District, the following uses, and no others, shall be permitted:

(1) Principal Uses. Principal uses shall be the same as those permitted in the R-1 Residential District.

(2) Accessory Uses. Accessory uses shall be the same as those permitted in the R-1 Residential District.

(3) Conditional Uses. Conditional uses are the same as those set forth in the R-1 Residential District.

B. Other Restrictions.

(1) Lot Area. A lot area of not less than 10,000 square feet is required.

(2) Lot Width. A lot width of not less than 75 feet shall be required.

(3) Lot Depth. A lot depth of not less than 100 feet shall be required.

(4) Front Yard. No portion of any building shall be located nearer to any street line than 25 feet, except that projections such as windowsills, cornices, cantilevered roofs, open one-story porches, balconies, other roof overhangs, canopies, bay windows and others of the same nature may project not more than five feet into a required front yard. Further, no building erected on any lot need be set back farther from the street line than the average alignment of existing buildings within 200 feet on each side of the lot and within the same block front and district. Regardless of the alignment of neighboring buildings, however, no building erected between two existing buildings on immediately adjacent lots need be set back farther than that of the two buildings which is farther from the street line. The front yard setback shall be 50 feet for the following uses: Public or private schools, places of worship, public facilities, hospitals, sanitariums and nursing homes.

(5) Side Yards; Principal Buildings. There shall be two side yards having an aggregate width of 25 feet, each having a width of not less than 10 feet. In the case of a corner lot, the side yard on the street side shall not be less than 10 feet.

(6) Side Yards; Accessory Buildings. There shall be two side yards having an aggregate width of 25 feet, each having a width of not less than three feet.

(7) Rear Yard; Principal Buildings. There shall be a rear yard not less than 35 feet deep. In the case of a lot extending through from street to street, the front yard requirements shall be observed on both streets. Projections, such as windowsills, cornices, cantilever roofs, open one-story porches or decks, balconies, other roof overhangs, canopies, bay windows and others of the same nature, may project not more than five feet into a required rear yard.

(8) Rear Yard; Accessory Buildings. There shall be a rear yard not less than three feet deep behind accessory buildings. In the case of a lot extending through from street to street, the front yard requirements shall be observed on both streets.

(9) Height. The maximum height shall be 2.5 stories, not to exceed 35 feet. For accessory structures, the maximum height shall be 16 feet.

(10) Lot Coverage. Total lot coverage of all buildings shall not exceed 30% of the gross lot area. The total lot coverage of all structures and other lot improvements shall not exceed 40% of the gross lot area.

(11) Parking. The regulations for parking shall be the same as for the R-1 District.

(12) Signs. The regulations for signs shall be the same as for the R-1 District.

(13) Sight Triangles. The regulations for sight triangles shall be the same as for the R-1 District.

§ 28-3-8 R-4 Residential District.

[Ord. No. 93-852]

A. Permitted Uses. In the R-4 Residential District, the following uses, and no others, shall be permitted:

(1) Principal Uses. Principal uses shall be the same as those permitted in the R-1 Residential District.

(2) Accessory Uses. Accessory uses shall be the same as those permitted in the R-1 Residential District.

(3) Conditional Uses. No conditional uses are permitted.

B. Other Restrictions.

(1) Lot Area. A lot area of not less than 7,500 square feet shall be required.

(2) Lot Width. A lot width of not less than 50 feet shall be required.

(3) Lot Depth. A lot depth of not less than 100 feet shall be required.

(4) Front Yard. No portion of any building shall be located nearer to any street line than 25 feet, except that projections such as windowsills, cornices, cantilevered roofs, open one-story porches, balconies, other roof overhangs, canopies, bay windows and others of the same nature may project not more than five feet into a required front yard. Further, no building erected on any lot need be set back farther from the street line than the average alignment of existing buildings within 200 feet on each side of the lot and within the same block front and district. Regardless of the alignment of neighboring buildings, however, no buildings on immediately adjacent lots need be set back farther than that of the two buildings which is farther from the street line. The front yard setback shall be 50 feet for the following uses: public or private schools, places of worship, public facilities, hospitals, sanitariums and nursing homes.

(5) Side Yards; Principal Buildings. There shall be two side yards having an aggregate width of not less than 18 feet, each having a width of not less than five feet. In the case of a corner lot, the side yard on the street side shall be not less than 10 feet.

(6) Side Yards; Accessory Buildings. There shall be two side yards having an aggregate width of 25 feet, each having a width of not less than three feet.

(7) Rear Yard; Principal Buildings. There shall be a rear yard not less than 35 feet deep. In the case of a lot extending through from street to street, the front yard requirements shall be observed on both streets. Projections such as windowsills, cornices, cantilevered roofs, open one-story porches or decks, balconies, other roof overhangs, canopies, bay windows and others of the same nature may project not more than five feet into a required rear yard.

(8) Rear Yard; Accessory Buildings. There shall be a rear yard not less than three feet deep behind accessory buildings. In the case of a lot extending through from street to street, the front yard requirements shall be observed on both streets.

(9) Height. The maximum height for principal structures shall be 2.5 stories, not to exceed 35 feet. For accessory structures, the maximum height shall be 16 feet.

(10) Lot Coverage. The total lot coverage of all buildings shall not exceed 30% of gross lot area. The total lot coverage of all structures and other lot improvements shall not exceed 50% of gross lot area.

(11) Parking. The regulations for parking shall be the same as for the R-1 District.

(12) Signs. The regulations for signs shall be the same as for the R-1 District.

(13) Sight Triangles. The regulations for sight triangles shall be the same as for the R-1 District.

§ 28-3-9 R-MF Multifamily District.

[1991 Code §§ 233-14, 233-15; Ord. No. 93-852]

A. Permitted Uses. In the R-MF Multifamily District, the following uses, and no others, shall be permitted.

(1) Principal Uses:

(a) Multifamily dwellings for three or more families, subject to site plan approval by the Planning Board.

(b) All principal uses permitted in the R-1 District, subject to regulations of the R-3 District as contained in Article 28-37.

(2) Accessory Uses:

(a) Accessory uses shall be the same as those permitted in the R-1 District.

(b) Professional offices and other home occupations on the first floor only, provided that they do not occupy more than 25% of the first floor.

(3) Conditional Uses. No conditional uses are permitted.

B. Other Restrictions.

(1) Lot Area. Lot area shall be no less than two acres.

(2) Density. There shall be no more than 12 dwelling units per gross lot area.

(3) Perimeter Setback. There shall be a landscaped perimeter setback of at least 20 feet from the right-of-way line of a street on which a building fronts and from all other lot lines. Building locations shall also comply with Borough requirements for providing adequate sight triangles.

(4) Lot Coverage. Total lot coverage by all structures and other lot improvements shall not exceed 40%.

(5) Building Length. No principal building shall exceed a length of 80 feet.

(6) Distance Between Buildings. Between any two buildings, there shall be a distance equal to the average height of such buildings at the points where such buildings are nearest to each other; in all cases a minimum distance of 30 feet shall be maintained between principal buildings and a minimum of 20 feet between a principal and accessory building.

(7) Height. No apartment building shall exceed a height of two stories or 45 feet.

(8) Play Area. For apartment developments, on-site outdoor play areas, for tot-lots, shall be provided at a minimum of 25 square feet per dwelling unit with no aggregate of such space less than 200 square feet. Swimming pools for the exclusive use of the residents on the premises shall be permitted.

(9) Parking. There shall be two off-street parking spaces for each dwelling unit.

(10) Signs. Each development may have a single sign giving only the name thereof. The number of signs shall not exceed one sign per building, nor shall any sign have a height of more than one foot or extend above the height of the building.

(11) Sight Triangles. The regulations for sight triangles shall be the same as for the R-1 District.

§ 28-3-10 R-PE Planned Residential — Elderly District.

[1991 Code §§ 233-16, 233-17; Ord. No. 93-852; Ord. No. 1997-33]

A. Permitted Uses. In the R-PE Planned Residential — Elderly District, the following uses, and no others, shall be permitted:

(1) Permitted Uses:

(a) Residences for the elderly; retirement communities.

[1] Residences for the elderly or retirement communities, subject to site plan approval by the Planning Board, which may take the form of:

[a] Townhouses, provided that a maximum of three houses may be in a single row.

[b] Multifamily dwellings, provided that a maximum of four units may be in a single building.

[2] Each unit shall be fully distinct and separate from the other and shall have separate living and sleeping and cooking facilities and a separate entrance. Each living unit shall have a portion of the entire development's open space contiguous to it and designed to pertain to that unit and shall have access to a public street or common driveway serving all such units without passing over any land designated as common land or pertaining to another unit. Such developments shall be so designed that private or condominium ownership of each unit is feasible.

(b) Community residences for the developmentally disabled, community residences for the mentally ill and community residences for persons with head injuries.

(2) Accessory Uses. Accessory uses shall be the same as those permitted in the R-MF District.

B. Other Restrictions.

(1) Community Characteristics.

(a) All retirement communities in this district shall have the following characteristics:

[1] The residents of the communities shall be at least 60 years of age or, in the case of husband and wife, one of them shall be at least 60 years of age, except that younger persons may become residents if they have special health problems of a permanent nature certified to by a licensed physician.

[2] The communities shall contain but not be limited to:

[a] Living quarters.

[b] Central dining, recreational and social facilities.

[c] Facilities for religious worship.

[d] A nursing home and clinic.

(b) If any such community is located on contiguous property which is partly in the Borough and partly in the Township of East Windsor, buildings and facilities which are located in the Township shall be included in determining whether the foregoing requirements are met.

(2) Area. The minimum site area shall be 10 acres.

(3) Parking. Off-street parking shall be provided at the ratio of one space for each apartment, one space for each four beds in the nursing home and one space for each house or cottage. The foregoing is designed to include all necessary parking for inhabitants, employees and visitors.

(4) Height. The maximum height of buildings shall be two stories.

(5) Coverage. The maximum coverage for the entire site shall be 25%.

(6) Minimum Floor Area. The minimum floor area for each apartment shall be 375 square feet. The minimum floor area for each house or cottage shall be 768 square feet.

(7) Landscaping. There shall be suitable landscaping, shrubbery, fencing, trees and screening from adjoining residential areas, all of which shall be maintained by the owner in conformity with accepted practices of plant husbandry.

(8) Setback. No building or parking area shall be placed closer to the right-of-way line of a public street than 50 feet. Building locations shall also comply with Borough requirements for providing adequate sight triangles.

(9) Density. The maximum number of dwelling units shall be 14 per acre, excluding nursing homes and their units, if any, in the community.

(10) Signs. The regulations for signs shall be the same as in the R-MF District.

(11) Sight Triangles. The regulations for sight triangles shall be the same as for the R-1 District.

§ 28-3-11 AA Active Adult Age-Restricted Housing.

[Ord. No. 2002-05; Ord. No. 2002-07; Ord. No. 2008-12; Ord. No. 2013-13; Ord. No. 2016-18]

A. Minimum Tract Size.

(1) Active Adult Age-Restricted Housing developments are permitted on tracts of land at least 30 acres in size within the "AA" zoning district.

B. Age Restrictions.

(1) The use and occupancy of all dwelling units within an age-restricted housing development shall comply in all respects with the requirements of the Federal "Housing for Older Persons Act" of 1995 ("HOPA"), the Federal Fair Housing Act, and the New Jersey Fair Housing Act of 1985, as said statutes exist now or as they may be amended in the future.

C. Maximum Number of Dwelling Units Permitted. The maximum number of permitted active adult age-restricted dwelling units within an active adult 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.

D. Permitted Uses.

(1) Detached single-family dwelling units.

(2) Conservation areas, open spaces, common property and facilities.

(3) Recreation, clubhouse and related facilities.

E. Design Requirements for Detached Dwelling Units.

(1) No detached dwelling unit shall exceed two stories in height or 35 feet, whichever is less.

(2) 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.

(3) Diversity of architectural design for the single-family detached dwellings within an active adult age-restricted housing development shall meet the following requirements:

(a) No construction permit shall be issued for any detached dwelling unit within an active adult 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.

(b) Detached dwelling units shall be considered "substantially similar in exterior design" if they have any one of the following three architectural characteristics:

[1] The same basic dimensions and floor plans are used without significant differentiation to the exterior elevations;

[2] The architectural design of the roofs are without significant change in appearance; or

[3] The architectural design of windows and front door entranceways are without significant change in appearance.

(c) The requirements of this section 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 section.

(d) The different designs proposed by an applicant shall be identified by the applicant as to model, elevation, materials and colors, shall be reviewed and approved by the Planning Board at the time of final approvals. If not available, the Planning Board may condition final subdivision approval on the developer's compliance.

(e) In order to insure conformity with the requirements of this section 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.

F. Private Garages and Driveways.

(1) Each detached dwelling unit shall be provided with a one- or two-car garage.

(2) 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.

(3) Each driveway leading to the garage shall be at least 20 feet in length, measured between the garage door and the edge of the right-of-way.

(4) 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.

G. Area and Yard Requirements for Individual Residential Lots in an Active Adult Age-Restricted Housing Development.

Principal Building	Minimums
Lot Area [1]	4,500 square feet minimum; 6,000 square feet maximum; and 5,000 square feet average [2]
Lot Frontage	50 feet
Lot Width	50 feet
Side Yards	5 feet minimum; total of 12 feet between houses
Front Yard	20 feet
Rear Yard	20 feet [3][4]

Lot Intensity	Maximums
Detached Dwelling Garage	45%
Total Improvement Coverage	60%

Notes:
[1]	No portion of any lot for an active adult age-restricted dwelling unit shall include any freshwater wetlands, 100-year flood plains, or lands with slopes 15% or greater.
[2]	Lots larger than 6,000 square feet in size permitted, but are to be considered 6,000 square feet in size for the purposes of the average lot size calculation.
[3]	Rear Yard 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 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]	Side Yard Design Elements as described herein below may extend not more than eight inches into the minimum side yard area.
	[a]	First Floor Design Elements: foundation projections for support of wrapping veneer material as approved by the Planning Board, provided that the total length of such extensions is no more than 25% of the linear distance of the aggregate length of foundation wall.
[5]	Decks and Patios may be permitted, subject to the approval of the Borough Engineer and Construction Official of the submitted design, which shall include an application, grading plan and all required fees and escrows, subject to the following:
	[a]	Decks and Patios 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 or patio 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.
	[c]	A Patio shall mean an unroofed ground level surface area adjacent to the principal building and a Deck shall mean an unroofed surface area elevated above the ground adjacent to the principal building by not more than two feet.
	[d]	Written approval of the Homeowners or Condominium Association, designated Committee or Board, or designated person shall be required prior to the issuance of a construction permit for a Deck or Patio.
[6]	Satellite dishes may be permitted, subject to the restrictions and requirements set forth in § 28-10-19.

H. Open Space Requirements.

(1) Land equal to a minimum of 20% of the tract of land proposed for an active adult age-restricted housing development shall be specifically set aside for conservation, recreation and/or other open space.

(a) Land utilized for street rights-of-way shall not be included as part of the above 20%.

(b) Moreover, no more than 1/2 of the minimum 20% land area may be wetlands, wetlands buffer, 100-year flood plains or lands with a topographic slope 20% or greater.

(2) 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.

(3) To the extent practicable, individual residential lots shall abut open space.

(4) Open space may be offered by deed to Hightstown Borough or dedicated as Common Open Space to a Homeowners' Association.

(a) If the applicant proposes that the open space shall be dedicated to the Borough, then the Planning Board shall forward such request with its recommendation to the Borough Council prior to the granting of preliminary subdivision approval of any development application containing the subject open space.

(b) All open space not offered to and/or not accepted by the Borough 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.

(5) The development shall comply with the Borough's Greenway Plan.

I. Required Recreational Facilities.

(1) Each active adult 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.

(2) 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 active adult age-restricted housing development, although alternative recreational facilities and ratios thereof may be proposed by the applicant and approved by the Board:

(a) One swimming pool shall be provided for the 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.

(b) At least one tennis court shall be provided for each approximately 80 dwelling units.

(c) One clubhouse/recreation building, at least 4,000 gross square feet in area, shall be provided to serve any dwelling units, with sufficient adjacent off-street parking as approved by the Planning Board.

(d) At least four courts, either bocce and/or shuffleboard courts, shall be provided.

(e) A pitch and putt golf course shall be provided.

J. Fencing. All fencing shall be as specifically approved by the Planning Board as part of the final site plan 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.

K. Signage. Signage for an active adult age-restricted housing development shall be as permitted based on a Signage Plan approved by the Planning Board as part of Preliminary Site Plan approval.

L. Roads and Utilities.

(1) Roadways shall be a minimum of 28 feet, with curb, green strip and sidewalks (both sides) provided.

(2) All utilities shall be installed underground. Approval shall be conditional upon all utilities being available, ready and in place to serve the development.

(3) Adequate sanitary sewer and potable water services shall be provided to the project.

(4) Any required off-site traffic and circulation improvements shall be addressed in the traffic report to be submitted to the Planning Board as part of the Site Plan application.

M. Affordable Housing Requirements. The developer shall comply with the Borough's Housing Element and Fair Share Plan as adopted by the Borough and as revised from time to time.

N. Other Applicable Requirements.

(1) All other provisions of the Revised General Ordinances not in conflict with the provisions specified herein for the "AA" - Active Adult Age-Restricted Housing zoning district shall apply to any active adult age-restricted housing development, including, but not limited to, Site Plans prepared in accordance with Article 28-23, et al. and § 26-9-2.

(2) Complete copies of all draft documents to be filed with the Department of Community Affairs, under the Planned Real Estate Full Disclosure Act, N.J.S.A. 45:22A-35, pertaining to this development shall be filed with the preliminary subdivision application. The actual documents filed with the New Jersey Department of Community Affairs shall be submitted to the Planning Board at the time of final approval or, if not available, shall be required as a condition of final subdivision approval.

§ 28-3-12 R-PMF Planned Residential Multi-Family.

[1991 Code §§ 233-18, 233-19; Ord. No. 93-852]

A. Permitted Uses. In the R-PMF Planned Residential-Multi-Family District, the following uses, and no others, shall be permitted:

(1) Principal Uses:

(a) Residences.

[1] Residences, subject to site plan approval by the Planning Board, which may take the form of:

[a] Townhouses, provided that a maximum of three houses may be in a single row.

[b] Multifamily buildings, provided that a maximum of four units may be in a single building.

[2] Each unit shall be fully distinct and separate from the other and shall have separate living and sleeping and cooking facilities and a separate entrance. Each living unit shall have a portion of the entire development's open space contiguous to it and designed to pertain to that unit. It shall have access to a public street or common driveway serving all such units without passing over any land designated as common land or pertaining to another unit. Such developments shall be designed for private or condominium ownership.

(b) All principal uses permitted in the R-1 District, subject to regulations of the R-3 District as contained in § 28-3-7.

(2) Accessory Uses. Accessory uses shall be the same as those permitted in the R-MF District.

B. Other Restrictions.

(1) Lot Area. There shall be a minimum site of 30 acres for each development. The minimum lot area per dwelling unit shall be 1,800 square feet, with a minimum lot width of 18 feet.

(2) Density. The number of dwelling units per net residential acre shall not exceed eight.

(3) Perimeter Setback. There shall be provided a perimeter setback of at least 10 feet from the right-of-way line of a street on which a building fronts and from other lot lines. Building locations shall also comply with Borough requirements for providing adequate sight triangles.

(4) Coverage. The maximum percentage of any lot that may be covered by all structures shall not exceed 30%. In the case of a townhouse or other development with separate lots for each dwelling unit, this standard shall apply to the overall development.

(5) Building Length. No principal building shall exceed a length of 80 feet.

(6) Distance Between Buildings. Between any two buildings, there shall be a distance equal to the average height of such buildings at the points where such buildings are nearest to each other; in all cases a minimum distance of 10 feet shall be maintained between principal buildings and a minimum of 20 feet between a principal and accessory building.

(7) Height. No building shall exceed a height of 2 1/2 stories or 45 feet.

(8) Parking. There shall be two off-street parking spaces for each dwelling unit.

(9) Signs. The regulations for signs shall be the same as in the R-MF District.

(10) Sight Triangles. The regulations for sight triangles shall be the same as for the R-1 District.

§ 28-3-13 DTC Downtown Core.

[1991 Code §§ 223-20, 223-21; Ord. No. 93-852; Ord. No. 860; Ord. No. 2013-13; Ord. No. 2019-13]

The purpose and intent is to eliminate the CC-1 Central Commercial District and the CC-2 Central Commercial District and to establish a new district known as the DTC Downtown Core.

A. Permitted Uses. In the DTC Downtown Core, the following uses, and no others, shall be permitted:

(1) Principal Uses:

(a) Retail sales and services within a completely enclosed building.

(b) Personal and business services within a completely enclosed building.

(c) Offices.

(d) Public facilities, including public parking facilities.

(e) Child care centers.

(f) Bars and taverns.

(g) Restaurants and other places to eat and drink, but not including establishments with drive-throughs.

(h) Banks and financial institutions.

(i) Newspaper and other publishing facilities.

(j) Apartment dwellings as upper floor use of buildings containing above permitted principal uses.

(k) Art galleries and artist studios.

(2) Accessory Uses:

(a) Signs in accordance with Article 29-18.

(b) Parking facilities.

(c) Fences, walls and landscaping.

(d) Amusement machines, subject to the licensing and regulation provisions of Chapter 4, General Licensing, Article 4-7, Amusement Machines, of the Code of the Borough of Hightstown.

(e) Satellite dishes, subject to the restrictions and requirements set forth in § 28-10-19.

B. Other Restrictions.

(1) Lot Area. A lot area of not less than 2,000 square feet shall be required.

(2) Lot Width. A lot width of not less than 20 feet shall be required.

(3) Lot Depth. A lot depth of not less than 50 feet shall be required.

(4) Front Yard. None shall be required, except that building locations shall comply with Borough requirements for providing adequate sight triangles.

(5) Side Yards. None shall be required, except that building locations shall comply with Borough requirements for providing adequate sight triangles.

(6) Rear Yard; Principal Buildings. There shall be a rear yard not less than 10 feet deep.

(7) Rear Yard; Accessory Buildings. There shall be a rear yard not less than three feet deep behind accessory buildings.

(8) Height. The maximum height shall be three stories or 55 feet.

(9) Coverage. No building shall cover more than 90% of the lot.

(10) Parking. Parking shall be provided in accordance with § 28-10-11. Parking is not required for individual uses situated within 300 feet of a public facility or designated private parking facility subject, however, to demonstration that the facility has adequate parking to accommodate the individual use.

(11) Signs. Signs for individual business establishments shall be permitted in accordance with Article 29-18.

(12) Sight Triangles. The regulations for sight triangles shall be in accordance with § 28-10-9.

(13) Residential District Buffer. For lots which adjoin a residential district, a buffer area of at least 10 feet shall be provided, and the buffer area shall be landscaped to provide for continuous, year-round visual screening of the property. The buffer area may contain a fence provided said fence is in accordance with § 28-10-4. The fence shall be provided only to supplement necessary landscaping.

§ 28-3-14 H-C Highway Commercial District. [1]

[1991 Code §§ 233-24, 233-25; Ord. No. 93-852; Ord. No. 860; Ord. No. 2013-13; Ord. No. 2014-16; Renumbered - Ord. No. 2019-15]

A. Permitted Uses. In the H-C Highway Commercial District, the following uses, and no others, shall be permitted:

(1) Principal Uses.

(a) Any principal use permitted in the DTC Downtown Core.

(b) Retailing and service establishments with incidental outdoor operations.

(c) Movie theater, bowling alley, gymnasiums, tennis centers, roller skating rinks and similar recreational and cultural facilities conducted within an enclosed building.

(d) Lumber yards.

(e) Heating oil distribution facilities.

(f) Motor vehicle body and repair shops, subject to the conditions of § 28-10-13.

(2) Accessory Uses and Structures.

[Amended 12-18-2023 by Ord. No. 2023-20]

(a) Off-street parking and loading facilities.

(b) Private garages and storage buildings.

(c) Fences, walls and landscaping.

(d) Amusement machines: as permitted in the DTC Downtown Core District.

(e) Satellite dishes, subject to the restrictions and requirements set forth in § 28-10-19.

(f) Signs in accordance with Chapter 29.

(g) Accessory uses and structures customarily incidental to and on the same lot as a principal or conditional use.

(3) Conditional Uses. The following uses shall be permitted when authorized as a conditional use by the Planning Board when meeting their associated criteria:

[Added 12-18-2023 by Ord. No. 2023-20]

(a) Cannabis cultivation, manufacturing, wholesaling or distribution, subject to the following criteria:

[1] Such use or uses shall be located on a tract of land comprising at least 10 contiguous acres. The vertically integrated operation of cannabis cultivation and cannabis manufacturing shall be permitted on the same tract of land.

[2] Such use shall operate fully within an enclosed building.

[3] Excepting emergency egress doors, each entrance and exit, including loading docks doors, shall be designed to prevent interior air from escaping out of doors unless properly treated as required under § 4-13-4F(10) through air locks, negative pressurization or other means of preventing untreated air from exiting the building.

[4] All criteria set forth in the licensing regulations at § 4-13-4F shall apply.

(b) Notwithstanding § 4-13-4D, and subject to approval of the State Cannabis Regulatory Commission, nothing herein shall prohibit multiple licensees within each permitted class from operating simultaneously on the same tract of land, provided that each licensee otherwise satisfies the conditional use criterion herein and any requirements of the state with respect to the co-location of cannabis businesses on the same tract of land or within the same building.

B. Other Restrictions.

(1) Lot Area. A lot area of not less than 20,000 square feet shall be required.

(2) Lot Width. A lot width of not less than 100 feet shall be required.

(3) Lot Depth. A lot depth of not less than 200 feet is required.

(4) Front Yard. No portion of any building shall be located nearer to any street line that 25 feet, except that projections such as windowsills, cornices, cantilevered roofs, open one-story porches, balconies, other roof overhangs, canopies, bay windows and others of the same nature may project not more than five feet into a required front yard. In addition, no building erected on any lot need be set back farther from the street line that the average alignment of existing buildings within 200 feet on each side of the lot and within the same block front and district; however, regardless of the alignment of neighboring buildings, no building erected between two existing buildings on immediately adjacent lots need be set back farther than that of the two buildings which is farther from the street line.

(5) Perimeter Setback. A setback of 25 feet from all lot lines other than street lines is required.

(6) Height. The maximum height shall be 2.5 stories, not to exceed 35 feet.

(7) Lot Coverage. The total lot coverage of all buildings shall not exceed 30% of the gross lot area, and total lot coverage of all buildings, structures and other lot improvements shall not exceed 70% of the gross lot area.

(8) Parking. See § 28-10-11, Off-Street Parking and Off-Street Loading Facilities.

(9) Signs.

(a) Freestanding signs shall be permitted for all permitted uses, provided that:

[1] There shall be no more than one sign for each street, other than a residential service street, on which the use fronts.

[2] The total area of such signs shall not exceed 75 square feet, nor shall they exceed a height of 55 feet.

[3] All bare incandescent light sources (neon lights shall not be considered as such) and immediately adjacent reflecting surfaces shall be shielded from view. Flashing, moving, intermittently illuminated advertising devices shall be prohibited.

(b) Signs for individual business establishments in designed shopping centers shall be permitted in addition to the center's sign, provided that:

[1] The total area of all signs shall not exceed two square feet for each foot of building frontage; the maximum shall not exceed 40 square feet.

[2] No sign shall exceed two feet in height.

[3] Such sign shall be applied flat against a wall and shall not project beyond the side or top of the wall to which it is affixed nor more than eight inches in front of such wall.

[4] All bare incandescent light sources (neon lights shall not be considered as such) and immediately adjacent reflecting surfaces shall be shielded from view; flashing, moving, intermittently illuminated signs, reflection signs or signs painted in luminous materials that glow in the dark and advertising devices shall be prohibited.

[5] Not more than one sign shall be permitted for each tenant on the premises on each wall fronting on a street.

(10) Sight Triangles. The regulations for sight triangles shall be the same as for the R-1 District.

(11) Landscaping and Buffers. All portions of lots not used for buildings, parking or other improvements shall be suitably landscaped with lawns, shrubs and/or trees. Lot lines which abut residential uses or residential district lines shall provide a landscape buffer strip at least 10 feet in width, and the buffer strip shall be suitably landscaped to provide a continuous, year-round, visual screening of the property. The buffer area may contain a fence provided in accordance with § 28-10-5, but the fence shall be provided to only supplement necessary landscaping. A landscaped strip at least five feet in width shall be provided along all street right-of-way lines as a setback for parking of motor vehicles. The landscape strip and any adjoining landscape area of the right-of-way shall be landscaped with suitable shrubbery not exceeding 30 inches in height, street trees and other suitable landscaping improvements.

[1] Editor's Note: Farmer § 28-3-14 was created by Ord. No. 93-852 and repealed by Ord. No. 2019-13 and all subsequent subsections renumbered accordingly.

§ 28-3-15 DTG Downtown Gateway.

[1991 Code §§ 233-22, 233-23; Ord. No. 93-852; Ord. No. 2003-25; Ord. No. 2019-14; Renumbered - Ord. No. 2019-15]

The purpose and intent is to eliminate the R-PO Residential Professional Office District and to establish a new district known as the DTG Downtown Gateway.

A. Permitted Uses. In the DTG Downtown Gateway, the following uses, and no others, shall be permitted:

(1) Principal Uses.

(a) Detached single-family dwellings or duplex.

(b) Restaurants and other places to eat and drink, but not including establishments with drive-throughs.

(c) Retail sales and services within a completely enclosed building.

(d) Personal and business services within a completely enclosed building.

(e) Performing arts companies.

(f) Offices.

(g) Child care centers.

(h) Tutoring centers.

(i) Financial institutions.

(j) Apartment dwellings as upper floor use or rear part of buildings containing adjacent and/or above principal uses.

(k) Art galleries and artist studios.

(2) Accessory Uses and structures.

(a) Carports, accessory garages and/or open parking spaces with necessary driveways for vehicles belonging to residents on the premises and their guests.

(b) Noncommercial solariums and home swimming pools, provided that suitable protective fencing for swimming pools are in accordance with § 28-10-6.

(c) Signs in accordance with Article 29-17.

(d) Fences, walls and landscaping in accordance with § 28-10-5 as they pertain to Residential Districts.

(e) Subject to lot coverage requirements, no more than two storage sheds are permitted on a lot in accordance with § 28-10-5.

(f) Satellite dishes, subject to the restrictions and requirements set forth in § 28-10-19.

B. Other Restrictions.

(1) No existing houses/buildings shall be structurally altered in a manner that is visible to the public domain without an architectural review. Any facade renovations or new construction that is visible to the public should be consistent with the character of the surrounding neighborhood.

(2) Area, yard, and other standards for residential use shall conform to R-4 Residential District requirements.

(3) Height. The maximum height shall be 2.5 stories, and not to exceed 35 feet.

(4) Lot Coverage. The total lot coverage of all structures and site improvements shall not exceed 80%.

(5) Side Yard. A minimum side yard of 10 feet shall be provided for each side yard.

(6) Rear Yard. The minimum rear yard shall be 20 feet.

(7) Landscaping and Buffers. All portions of the lot not used for building, parking or other site improvements shall be suitably landscaped with lawn, shrubs, trees, etc. Lot lines which abut lots with residential use or residential zone lines shall provide a landscape buffer strip at least five feet in width and the buffer strip shall be suitably landscaped to provide a continuous year-round visual screening of the property. The buffer area may contain a fence provided said fence is in accordance with § 28-10-5.

(8) Lot Access. Vehicular access serving professional office uses established or expanded under this article on the south side of Franklin Street shall be prohibited to and/or from Clinton Street or Cole Avenue. Existing vehicular access to Clinton Street and Cole Avenue serving existing residential or professional office uses may be continued.

(9) Parking. See § 28-10-11, Off-Street Parking and Off-Street Loading Facilities. Parking is not required for individual uses situated within 300 feet of a public facility or designated private parking facility subject, however, to demonstration that the facility has adequate parking to accommodate the individual use.

(10) Signs. As permitted by Article 29-17 of the Revised Borough Ordinances and in accordance with a signage plan submitted as part of a site plan application.

(11) Sight Triangles. Sight triangles shall be provided in accordance with § 28-10-9.

§ 28-3-16 R-O Research Office District.

[Ord. No. 93-852; Ord. No. 2013-13; Renumbered - Ord. No. 2019-15]

A. Permitted Uses.

(1) Permitted Principal Uses.

(a) Scientific and research laboratories.

(b) Warehousing and storage of products within a completely enclosed building, but not to include toxic or hazardous materials.

(c) Computer centers.

(d) Pharmaceutical operations, non-manufacturing.

(e) Business and professional offices.

(f) Day care centers.

(2) Permitted Accessory Uses.

(a) Off-street parking and loading facilities.

(b) Cafeterias or other similar food service facilities located within a building and operated for the exclusive use of site occupants.

(c) Recreational facilities.

(d) Assembly rooms for meetings associated with the site business use.

(e) Incidental motor freight operations such as deliveries, but not to include motor freight terminals.

(f) Satellite dishes, subject to the restrictions and requirements set forth in § 28-10-19.

(3) Conditional Uses. No conditional uses shall be permitted.

B. Other Restrictions.

(1) Lot Area. A lot area of not less than four acres shall be required.

(2) Lot Width. A lot width of not less than 100 feet shall be required.

(3) Front Yard Setback. No portion of any building shall be located nearer to any street line than 100 feet.

(4) Side Yard Setback. There shall be two side yards, each with a width of at least 50 feet.

(5) Rear Yard Setback. There shall be a rear yard not less than 50 feet deep. In the case of a lot extending through from street to street, the front yard requirement shall be observed on both streets.

(6) Maximum Floor Area Ratio. Maximum floor area ratio shall be 30% for all uses, except that the portion of use devoted to storage and warehousing may be calculated at 40%.

(7) Lot Coverage. 20% by buildings with a maximum total impervious coverage of 50%.

(8) Building Height. Three stories, with a maximum height of 45 feet.

(9) Landscaping and Buffers. All portions of lots not used for buildings or other site improvements shall be suitably landscaped with lawns, trees, shrubbery, etc. All preserved critical land areas shall be left in their natural state and suitably buffered. Portions of lots which adjoin any residential zone shall provide a fifty-foot landscaped buffer screen area, which is to be improved with a variety of landscaping to provide for a year-round screen visually separating the site from the adjacent residential zoned properties. The buffer area may contain landscaped berms and suitable fencing, but the fencing shall be only incorporated to supplement required landscaping.

(10) Parking Requirements. As provided in § 28-10-11.

(11) Off-street Loading Requirements. As required in § 28-10-11.

§ 28-3-17 PED Planned Economic Development District.

[Ord. No. 93-852; Ord. No. 2003-25; Renumbered with Ord. No. 2008-17; Ord. No. 2013-13; Renumbered - Ord. No. 2019-15]

A. Objectives. The Planned Economic Development District is a planned development district established to provide for the redevelopment of the former Hightstown Rug Mill/North American Phillips site. It is designed to facilitate a variety of land use development options, including the adaptive reuse of the site's existing structures, based on development and approval of an overall plan for the approximately six-acre site. The redevelopment plan is to be designed addressing several objectives, including: Compatible land use relationships with adjacent land uses; preservation and enhancement of natural features, particularly the Rocky Brook stream corridor; preservation and enhancement of any historic features of the site, including structures and mechanical equipment; and freedom from any substantial adverse detriment to neighbors of the property as relates to traffic, trucks, noise, smoke, vibrations or other environmental impacts.

B. Permitted Uses.

(1) Principal Uses.

(a) Adaptive reuse of the site's existing structures for residential use Residential dwelling units as part of a Planned Development shall not exceed 80 units which shall not be located on the first (ground) floor.

(b) Principal land uses permitted in the R-O District excluding, however, warehousing, industrial uses, storage of products and trucking as permitted uses.

(c) Studios for the visual and performing arts.

(d) All principal and accessory uses permitted in the DTC Downtown Core as part of a Planned Development, excluding, however, houses of worship and funeral parlors.

(e) Hotels, as part of a Planned Development.

(f) Planned development of the site shall incorporate two or more of the above principal uses.

(2) Accessory Uses.

(a) Off street parking, loading, signs as provided by Borough Ordinance.

(b) Recreational and other common use facilities serving residents and employees of the PED site, including, but not limited to, swimming pools, tennis courts, community meeting rooms, exercise facilities, plazas and sitting areas, walkways and open space.

(c) Satellite dishes, subject to the restrictions and requirements set forth in § 28-10-19.

(3) Conditional Uses. No conditional uses are permitted.

C. Other Restrictions.

(1) Required PED District Plan. Development in the PED District shall be based on a comprehensive general development plan approved by the Planning Board. The general development plan shall be prepared and processed in full accord with N.J.S. 40:55D-45 through 45.8. The required scale for the overall plan shall not be less than one inch equals 50 feet and plans of subsections, if applicable, shall be not less than one inch equals 20 feet. Unless amended by the Planning Board upon application of the developer, the period of approval of the general development plan shall not exceed five years from the date of final approval of the first section of the PED site.

(2) Permitted Density/F.A.R. The permitted density or floor area ratio of any development scheme which incorporates adaptive reuse of the site's existing buildings shall be based on a satisfactory achievement of the site's development objectives, the general development plan, and other standards of this chapter.

The maximum permitted F.A.R. for research-office use shall be 0.40, based on meeting all other applicable standards of this chapter.

The allowable density and F.A.R. for any mixed use planned development will be based on a full analysis of the general development plan and the allocation of the site to particular land use types.

(3) Site Coverage. The maximum permitted coverage of buildings in the PED District shall be 30%. The maximum permitted impervious cover shall be 70% for adaptive reuse, research-office, and mixed use planned schemes.

(4) Maximum Height. For new nonresidential buildings, the maximum height shall be two stories, not to exceed 30 feet. The maximum height for adaptive reuse of the existing site buildings is the existing building height..

(5) Required Yards, Building Setbacks. The setback of existing buildings shall be the existing setback for adaptive reuse plans. Research-office use buildings shall be set back a minimum of 30 feet from all street and lot lines.

(6) Minimum Lot Areas. Based on the approved PED Development Plan.

(7) Parking and Off-Street Loading. See § 28-10-11.

(8) Landscaping, Open Space and Buffers. All nonimproved areas of the site shall be suitably landscaped with a variety of landscape materials, appropriate to location function and design. Buffer strips at least 10 feet in width shall be provided to separate different land use sections of the site as well as along site perimeters. Buffer areas may be developed as berms or raised beds and include walls or fences, but the structures shall only be provided to supplement landscape screening plantings. The Rocky Brook stream corridor and tributary shall be improved as a "green belt" in accordance with the Borough's Greenways Master Plan. Street trees shall be provided along the site periphery and along interior roadways and walkways and in parking lots.

(9) Sight Triangles. Sight triangles shall be provided in accordance with § 28-10-9.

D. Disposition of Common Open Space; Open Space Organization.

(1) Public Dedication. Common open space land areas may be dedicated to the Borough of Hightstown or other governmental agency and shall be free from all mortgages and encumbrances and shall only be dedicated to the entity with approval of the entity.

(2) Open Space Organization. If common open space is not publicly dedicated, an organization for the ownership and maintenance of open space for the benefit of the owners and residents of the planned development shall be established by the developer in accordance with N.J.S. 40:55D-43. The organization shall meet the following standards to be written into the articles of incorporation and/or bylaws.

(a) It shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the Borough of Hightstown, which shall be subject to the approval of the Borough.

(b) In the event that such organization shall fail to maintain the open space in reasonable order and condition, the Borough may serve written notice upon such organization or upon the owners that the organization has failed to maintain the open space in reasonable condition, and the notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall state the date and place of a hearing hereon, which shall be held within 15 days of the notice. At such hearing the Borough may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed 65 days, within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within the 35 days or any permitted extension thereof, the Borough, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. The entry and maintenance shall not vest in the public any rights to use the open space, except when the same is voluntarily dedicated to the public by the owners. Before the expiration of the year, the Borough Council shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Borough Council at which hearing such organization and the owners of the development shall show cause why such maintenance by the Borough shall not, at the election of the Borough, continue for a succeeding year. If the Borough shall determine that such organization is ready and able to maintain the open space in reasonable condition, the Borough shall cease to maintain the open space at the end of the year. If the Borough shall determine such organization is not able to maintain the open space in a reasonable condition, the Borough may, in its discretion, continue to maintain the open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Borough shall constitute a final administrative decision, subject to judicial review.

(c) The cost of such maintenance by the Borough shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space, in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on the properties and be added to and be a part of the taxes to be levied and assessed thereon and shall be enforced and collected with interest by the same officers and in the same manner as other taxes.

E. Findings for Planned Developments. As appropriate for PED District development, and as required by N.J.S. 40:55D-45, prior to approval of a proposed development, the Planning Board shall find the following facts and conclusions:

(1) That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning standards applicable to planned developments.

(2) That the proposals for maintenance and conservation of the common open space are reliable, and that the amount, location and purpose of the common open space are adequate.

(3) That provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment, including signage, are adequate.

(4) That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.

(5) In the case of proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.