Except as hereinafter provided, the following general regulations
shall apply in all zones:
A.
General. No building shall hereafter be erected and no existing building
shall be moved, structurally altered, rebuilt, added to or enlarged,
nor shall any land be used for any purpose other than those included
among the uses listed as permitted uses in each zone by this chapter
and meeting the requirements set forth in the schedule of this chapter,[1] nor shall any open space contiguous to any building be
encroached upon or reduced in any manner, except in conformity with
the yard, lot area, building location, percentage of lot coverage,
off-street parking space and all other regulations designated in the
schedule and this chapter for the zone district in which such building
or space is located. In the event of any such unlawful encroachment
or reduction, such building or use shall be deemed to be in violation
of this chapter, and the occupancy permit and all other permits shall
become void.
[1]
Editor's Note: Schedule A, Schedule of District Regulations, is included at the end of this chapter.
B.
Frontage on public streets. Every principal building shall be built upon a lot with frontage on a public street which has been improved to meet the approval of the Township standards or for which such improvement has been insured by the posting of a performance guaranty pursuant to the provisions of Chapter 460, Subdivision of Land and Site Plan Review, of the Code of the Township of Eastampton.
[Amended 4-26-1983 by Ord. No. 1983-6]
C.
Irregularly shaped lots. In the case of irregularly shaped lots,
the minimum lot width specified in the schedule shall be measured
at the front building line, provided that in no case shall the frontage
or the distance between side lot lines be reduced to less than 50%
of the minimum frontage requirement.
D.
Principal building. No residential lot shall have erected upon it
more than one principal building, and no yard or other open space
provided about any building for the purpose of complying with the
provisions of this chapter shall be considered to provide a yard or
open space for any other building.
E.
Yards. All yards facing on a public street shall be considered front
yards and shall conform to the minimum front yard requirement for
the zone in which located.
F.
Swimming pools. No swimming pool shall be permitted in a front yard. Swimming pools in the side and rear yards shall not be located within 10 feet of any property line. No part of a swimming pool structure shall encroach upon or diminish the area of an existing septic tank dispersal field nor overload the capacity of the system, and a professional engineer's certificate of these facts must be furnished. A permanent barrier or obstruction not less than four feet nor more than six feet in height, so constructed as to entirely enclose the area on which the swimming pool is located and to bar all reasonable and normal access to the swimming pool except through a substantial self-closing gate or gates of the same height as the fence, equipped with facilities for locking said gate when the pool is unattended or unguarded, shall be provided for all swimming pools. A pool may only be erected upon submission of an application upon an approved form, issuance of a zoning permit and payment of the zoning permit fee set forth in § 540-79C.
[Amended 8-9-2004 by Ord. No. 2004-11; 10-27-2008 by Ord. No.
2008-03]
G.
Driveways.
[Added 11-24-2003 by Ord. No. 2003-12; amended 8-9-2004 by Ord. No.
2004-11; 9-24-2012 by Ord. No. 2-12-12]
(1)
A
driveway may only be constructed upon submission of an application
upon an approved form. The Zoning Official shall review the driveway
application for drainage and compliance with applicable zoning requirements.
(2)
On
all lots in the R-M Zone and on all lots under two acres in size in
any other residential zone, driveways shall be paved. “Paving”
shall be defined as an impervious surface which does not permit infiltration
of water, such as concrete or brick.
(3)
Driveways
shall be required to meet the side yard setback requirements for accessory
structures, unless otherwise provided in the Zoning Code.
(4)
Only
one driveway approach apron shall be permitted per lot, and it shall
comply with applicable side yard setback requirements for accessory
structures and is subject to review by the Township Engineer for traffic
safety review.
(5)
On
all residential lots, the width of a driveway approach apron shall
not exceed the following dimensions: 14 feet for single driveways,
and 20 feet for double driveways.
H.
Sheds. In all residential zones, a shed may be located in the rear yards of properties subject to the following provisions. For purposes of this subsection, a "shed" is a structure not to exceed 200 square feet in area, commonly used to store tools and lawn-mowing equipment. Any shed exceeding 150 square feet in area shall not be closer than 10 feet to the rear and/or side property line. A shed shall be considered an accessory structure for the purpose of determining lot coverage. A shed may only be erected upon submission of an application upon an approved form, issuance of a zoning permit and payment of the zoning permit fee set forth in § 540-79C.
[Added 12-27-1989 by Ord. No. 1989-12; amended 2-22-1993 by Ord. No.
1993-03; 6-28-1993 by Ord. No. 1993-13; 8-13-2001 by Ord. No.
2001-06; 12-22-2003 by Ord. No. 2003-14; 8-9-2004 by Ord. No.
2004-11]
I.
Other accessory structures.
[Amended 8-9-2004 by Ord. No. 2004-11]
(1)
No accessory structure shall be closer to any principal building
than a distance equal to the height of such building unless it is
attached to and is part of such principal building.
(2)
An accessory building attached to a principal building shall comply
in all respects with the yard requirements of this chapter for the
principal building. Detached accessory buildings shall be located
to the rear of the front building line of the principal building and,
if located in a side yard area, shall conform to side yard requirements
of the schedule.
(3)
For the purpose of regulating the locations of accessory buildings
on corner lots, all portions of a corner lot or a through lot which
fronts on a public street shall be subject to the front yard requirements
of the zone district in which said corner lot or through lot is located,
provided further that no accessory building shall be permitted in
any required front yard.
(4)
No accessory building shall be used for residence purposes except
for farm workers, a chauffeur or gardener or for housing servants
of the family. Such building shall not be less than 25 feet from any
property line.
(5)
Accessory buildings shall not exceed 15 feet in height.
J.
Obstructions at intersections of streets. At the intersection of two or more streets or roads, hedges, fences, walls, bushes, trees and other vegetation shall be located in accordance with the standards set forth in §§ 460-63BB and 540-56:
[Amended 5-29-1973 by Ord. No. 1973-3; 12-27-1989 by Ord. No.
1989-12]
(1)
Forty feet distant from said intersection along two local streets.
(2)
Seventy feet distant from said intersection along both streets if
either street is a collector street as defined by the Master Plan.
(3)
One hundred feet distant from said intersection along both streets
if either street is an arterial street as defined by the Master Plan.
K.
Conflict with Master Plan or Official Map. Where a building lot has
frontage upon a street which on the Master Plan or Official Map of
the Township of Eastampton is proposed for right-of-way widening,
the required front yard area shall be measured from such proposed
right-of-way.
L.
Reverse frontage. All lots requiring reverse frontage shall have
an additional 20 feet of depth above the requirements of this chapter.
This 20 feet of depth will be planted by the developer in evergreen
trees and shrubs so as to provide a visual screen at least six feet
in height and covering 75% of the frontage of the property by the
end of three growing seasons. However, major subdivisions with lots
abutting major collectors shall be discouraged. The design concept
of loop roads shall be the standard. Where lots on major collectors
cannot be avoided, there shall be either a marginal access road to
eliminate reverse frontage lots or a reverse siting of units on those
lots whereby the front yards shall abut the right-of-way with access
to the lot from the rear to the internal right-of-way.
[Amended 8-27-1996 by Ord. No. 1996-05]
M.
[2]No front yard in a residential district shall be used for
open storage of boats, vehicles or any other equipment except for
vehicular parking on driveways. None of the aforesaid vehicles, boats
or any other equipment shall be stored more than 10 feet from the
rear or sidelines of the principal building.
N.
Prohibited uses. Any use not specifically permitted in a zone established
by this chapter is hereby specifically prohibited from that zone,
and the following uses and activities are specifically prohibited
in any zone in the Township of Eastampton:
(1)
Any use of any building or premises in such a manner that the health,
morals, safety or welfare of the community may be endangered.
(2)
Any use which emits excessive and objectionable amounts of dust,
fumes, noise, odor, smoke, vibration, glare or waste products.
(3)
Any trade, industry or purpose that is noxious or offensive by reason
of the emission of odor, dust, smoke, gas or noise. The standards
of the Air Pollution Control Commission of New Jersey shall be the
enforcement standards for this provision.
(4)
Junkyards, automobile wrecking, storage or disassembly yards; the
sorting or baling of scrap metal, paper, rags or other scrap or waste
material.
(5)
Residential structures without permanent foundations or without permanent
connection to utilities.
(6)
All billboards, signboards, advertising signs or devices not expressly
related to the business being conducted on the premises or otherwise
specifically permitted by this chapter.
(7)
Privately operated dumps for the disposal of garbage, trash, junk,
refuse and similar materials.
(9)
Sand and gravel operations; the extracting of sand and gravel and
processing or other operations for the preparation of sand and gravel.
(10)
Irrigation holes or excavations to hold or impound rain or other
water.
O.
Building design in residential zones. The Smithville Complex is the
most important historic and cultural artifact in the county and Township.
Its value and authenticity has been well documented on various occasions.
The design vernacular of the existing building can be used as the
basic parameters for the Township generating an aesthetic and cultural
identity for the community generally. All building facades shall be
based upon one of the general styles described below:
[Added 8-27-1996 by Ord. No. 1996-05]
(1)
Georgian. This style is characterized by rigid symmetry, axial entrances,
geometrical proportions, hipped roofs and sash windows. Other features
include the Palladian window (a large arched central window banked
by narrower rectangular windows), large pilasters marking the corners
of buildings and double or two-story porticos.
(2)
Federal. This type was historically an American synthesis and reaction
to previous continental European styles. Some of the exterior features
exemplifying this type are a low-pitched roof, smooth facade, large
window panes or graduated window openings, limited exterior decorations,
except for fanlight over doorways or other entrance feature, louvered
shutters, delicate columns and moldings.
(3)
Greek Revival. The most easily identifiable characteristics of this
style are the columns and pedimented porch and the lack of arches.
Other features include simplicity in elevation, tall first-floor windows,
heavy cornice, rectangular transom over entrance and plain frieze.
P.
Any variance granted by the Land Use Planning Board will expire after
one year from the date of the Land Use Planning Board's approving
resolution, unless construction is commenced or extended by the Board
for no more than one year for good cause shown.
[Added 4-26-1983 by Ord. No. 1983-6; amended 12-10-2001 by Ord. No.
2001-12]
Q.
All projects shall adhere to good aesthetic design standards by avoiding
repetitious street and lot patterns that are linear and parallel.
Curvilinear designs shall be used wherever possible.
[Added 4-26-1983 by Ord. No. 1983-6]
R.
In order to promote energy conservation, wherever possible, the long
axis of buildings shall face within 30° of true South.
[Added 4-26-1983 by Ord. No. 1983-6]
S.
Portable storage units.
[Added 4-26-2010 by Ord. No. 2010-07]
(1)
Permit required; application fee; exception for new residential construction.
Before placing a portable storage unit ("PODS®") on any residential
property, the property owner must submit an application and receive
a permit from the Township. There shall be a fee of $25 for a thirty-day
permit. Applications shall be obtained from the Zoning Officer. Exempted
from the permitting requirements of this subsection shall be PODS®
utilized for new residential construction in new developments under
construction; such units shall be removed from the new residential
dwelling lot within 30 days of the issuance of the certificate of
occupancy.
(2)
Duration. Permits will be granted for a period of 30 days. Prior
to the expiration of the thirty-day period, applicants may seek to
extend their permits for an additional 30 days by seeking an extension
with the Township Zoning Officer. Extension of a permit will cost
$25 for each 30 days granted. In no event shall a permit with extensions
be granted for more than 90 days, except upon approval by the Township
Zoning Officer for good cause shown.
(3)
Placement of PODS®.
(a)
No temporary storage unit shall be placed or maintained by any
private party on any Township property, street or right-of-way, except
that such a unit may be placed in a street right-of-way subject to
the following conditions:
(b)
Private property. Portable storage units are prohibited from
being placed on or in the front yard of a property and shall only
be permitted in the driveway of the property at the furthest accessible
point from the street. All locations must be paved off-street surfaces.
(4)
Number of units. Only one portable storage unit may be placed on
any residential property at one time. In addition, one trash dumpster
may be placed on a residential property.
(5)
No portable storage unit shall be used to store solid waste, construction
debris, demolition debris, recyclable materials, business inventory
or commercial goods, except as may be approved by permit.
(6)
Storage of hazardous materials within the portable storage unit is
prohibited.
(7)
Portable storage units shall be locked and secured by the property
owner, tenant or property manager at all times when loading or unloading
is not taking place.
(8)
Portable storage units shall be no greater than eight feet in height,
18 feet in length and eight feet in width or no greater than a total
of 1,200 cubic feet.
(9)
In an emergency situation, such as storm, fire or flood damage, the
Zoning Officer may approve a temporary location for a portable storage
unit subject to the owner or tenant of the property making an application
for the required permit within five business days of the emergency.
In emergency situations, the Zoning Officer may also approve more
than one storage unit and more than one trash dumpster per residential
property.
T.
Keeping
of fowl. The keeping of fowl shall be permitted in the rear yard only
of Residential Medium Density RM Zoning Districts as a conditional
use, provided that they are not detrimental to the environment or
public health and welfare. The conduct of such activities shall not
be such to cause erosion or other soil damage or to impair the quality
of ground- or surface water or air quality. Neither shall such activities
result in odors beyond the property lines of the parcel on which they
are conducted. The raising and/or keeping of fowl shall be subject
to the following restrictions in all districts:
[Added 12-16-2019 by Ord. No. 2019-16]
(1)
No fowl shall be kept or maintained on any lot having an area of
less than 10,000 square feet.
(2)
For the keeping and maintaining of fowl, no rooster shall be permitted
and this section shall only permit the keeping of hens.
(3)
No building to house or shelter any fowl shall be closer than 15
feet to any lot line.
(4)
There shall be no processing and/or slaughtering of fowl for commercial
purposes.
(5)
The keeping of fowl feed shall be in rodent-proof containers.
(6)
For any lot having an area of less than one acre, no more than three
fowl shall be kept or maintained. For lots over one acre, up to 12
fowl shall be permitted.
(7)
A fowl permit is required to be obtained by the Zoning Officer in
the amount of $50 for up to three fowl.
U.
Mandatory affordable housing set-aside.
[Added 2-28-2022 by Ord.
No. 2022-2]
(1)
Background. The State of New Jersey has a long-standing and well-established
commitment to maximizing the opportunities for the development of
housing affordable for very-low-, low-, and moderate-income households.
The provision of "safe, decent and attractive housing that [lower-income
households] can afford serves the community's interest in achieving
an integrated, just and free society and promotes the general welfare
of all citizens." De Simone v. Greater Englewood Hous. Corp., 56 N.J.
428, 441 (1970).
Notably, in the Mount Laurel decisions, the New Jersey Supreme
Court held that the state's Constitution makes it "plain beyond dispute
that proper provision for adequate housing of all categories of people
is certainly an absolute essential in promotion of the general welfare
required in all local land use regulation." S. Burlington Cty. NAACP
v. Mount Laurel, 67 N.J. 151, 179 (1975) (Mount Laurel I).
The Court thus found that "each . . . municipality [must] affirmatively
. . . plan and provide, by its land use regulations, the reasonable
opportunity for an appropriate variety and choice of housing, including,
of course, low and moderate cost housing, to meet the needs, desires
and resources of all categories of people who may desire to live within
its boundaries." S. Burlington City. NAACP v. Mount Laurel, 67 N.J.
151, 179 (1975) (Mount Laurel I).
The New Jersey Legislature itself affirmed this commitment when
it enacted the Fair Housing Act of 1985, which established that it
is in the state's interest "to maximize the number of low and moderate
income units by creating new affordable housing and by rehabilitating
existing, but substandard, housing in the State." N.J.S.A. 52:27D-302.
Accordingly, the New Jersey Supreme Court has determined that
"[a]ffordable housing is a goal that is no longer merely implicit
in the notion of the general welfare. It has been expressly recognized
as a governmental end and codified under the FHA." Holmdel Builders
Ass'n v. Holmdel, 121 N.J. 550, 567 (1990).
Since then, New Jersey's courts have consistently recognized
that "[t]he public policy of this State has long been that persons
with low and moderate incomes are entitled to affordable housing,"
and furthermore that those policies do not end when a municipality
has satisfied its minimum obligation under the FHA because "'[t]here
cannot be the slightest doubt that shelter, along with food, are the
most basic human needs.'" Homes of Hope, Inc. v. Eastampton Tp. Land
Use Planning Bd., 409 N.J. Super. 330, 337 (App. Div. 2009) (quoting
Mount) Laurel I, 67 N.J. at 178).
(2)
Affordable housing set-aside.
(a)
A mandatory affordable housing set-aside requirement shall apply
to any residential development, including the residential portion
of a mixed-use project, which consists of five or more new residential
units at six or more units per acre and that results from any use
or density variance pursuant to N.J.S.A. 40:55D-70d.
(b)
A mandatory affordable housing set-aside requirement shall apply
to any residential development, including the residential portion
of a mixed-use project, which consists of 50 or more new residential
units at six or more units per acre that results from any rezoning
or the adoption of a new or amended, redevelopment/rehabilitation
plan.
(c)
The set-aside shall be 20% where the affordable units are provided
for for-sale and 15% where the affordable units are provided for rental.
(3)
Additional incentives for affordable housing. A developer subject
to the mandatory affordable housing set-aside may request, and the
appropriate approving authority may, at its discretion, grant, additional
incentives for affordable housing, including, but not limited to,
a density bonus, a reduction in the off-street parking spaces otherwise
required, and/or a reduction in the minimum setback requirements.
(4)
Other terms applicable. The following terms shall apply to any residential
development subject to the mandatory affordable housing set-aside:
(a)
All subdivision and site plan approvals of qualifying developments
shall be conditioned upon compliance with the provisions of the mandatory
affordable housing set-aside.
(b)
No subdivision shall be permitted or approved for the purpose
of avoiding compliance with the mandatory affordable housing set-aside.
A developer may not, for example, subdivide a project into two lots
and then plan each of them to produce a number of units below the
threshold. The approving authority may impose any reasonable conditions
to ensure such compliance.
(c)
In the event the number of affordable housing units to be provided
includes a fraction, the number shall be rounded up if the fractional
amount is 0.5 or greater and rounded down if the fractional amount
is less than 0.5. The developer shall provide a payment in lieu of
constructing affordable units for the fraction of a unit less than
0.5. The payment in lieu shall be based on the amounts established
in N.J.A.C. 5:97-6.4(c).
(d)
All affordable units created shall fully comply with the Uniform
Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC"),
including but not limited to the required bedroom and income distribution,
with the sole exception that 13% of the affordable units shall be
required to be restricted for very-low-income households earning 30%
or less of the median income pursuant to the Fair Housing Act, N.J.S.A.
52:27D-301 et seq. ("FHA").
(e)
At least 50% of the affordable units within each bedroom distribution
shall be affordable to low-income households, inclusive of the at
least 13% of units affordable to very-low-income households.
(f)
The very-low-income affordable units shall be proportionately
distributed within each bedroom distribution. In a family non-age-restricted
development, at no time shall the number of one-bedroom very-low-income
units exceed the number of three-bedroom very-low-income units.
(g)
Affordable units shall be integrated with the market-rate units
on-site, and the affordable units shall not be concentrated in separate
buildings or in separate areas from the market-rate units. In buildings
with multiple dwelling units, this shall mean that the affordable
units shall be generally distributed within each building with market-rate
units. The affordable units shall also be of the same type as the
market-rate units (e.g., if the market- rate units are non-age-restricted
family units, the affordable units shall be non-age-restricted family
units as well). The residents of the affordable units shall have full
and equal access to all of the amenities, common areas, and recreation
areas and facilities as the residents of the market-rate units.
(h)
Affordable units shall be subject to affordability controls
for at least 30 years from the date of initial occupancy and affordable
deed restrictions as otherwise provided for by UHAC, with the sole
exception that very-low-income shall be defined as at or below 30%
of median income pursuant to the Fair Housing Act, and the affordability
controls shall remain unless and until the municipality, in its sole
discretion, takes action to extend or release the unit from such controls
after at least 30 years.
(i)
Construction of the affordable and market units shall be phased
in compliance with N.J.A.C. 5:93-5.6(d).
(j)
Affordable units shall be affirmatively marketed in accordance
with UHAC and applicable law. The affirmative marketing shall include
posting of all affordable units on the New Jersey Housing Resource
Center website in accordance with applicable law.
(k)
The mandatory affordable housing set-aside shall not give any
developer the right to any rezoning, variance, redevelopment designation
or redevelopment or rehabilitation plan approval, or any other such
relief, or establish any obligation on the part of the municipality
to grant such rezoning, variance, redevelopment designation, redevelopment
or rehabilitation plan approval, or other such or further relief.
(l)
No developer may make a payment in lieu of constructing affordable
units on-site, except for fractional units as noted above.
(m)
Nothing herein precludes the municipality from imposing an affordable
housing set-aside in a development not required to have a set-aside
pursuant to these provisions.
(5)
Severability. If any article, section, subsection, sentence, clause
or phrase of this subsection is, for any reason, held by a court of
competent jurisdiction to be unconstitutional or invalid, such decision
shall not affect the remaining portions of this subsection, and they
shall remain in full force and effect and shall be deemed valid and
effective.
(6)
Inconsistencies. In the event of any inconsistencies between the
provisions of this subsection and any prior ordinance of the municipality,
the provisions hereof shall be determined to govern, and those inconsistent
provisions shall be repealed to the extent of such inconsistency.
(7)
Referral to land use board. A copy of this subsection shall be referred
to the Land Use Board following its introduction for review pursuant
to N.J.S.A. 40A:55D-26a.
(8)
Effective date and scope. This subsection shall take effect upon
its passage and publication, filing with the Burlington County Planning
Board, and as otherwise provided for by law. The provisions of this
subsection shall be applicable within the entire municipality upon
final adoption and shall become a part of the Code once completed
and adopted.
The following modifications of this chapter are permitted under
the terms and specifications herein stated:
A.
Height. The height limitations of this chapter shall not apply to
silos, church spires, belfries, cupolas and domes not used for human
occupancy nor to chimneys, ventilators, skylights, water tanks, similar
features and necessary mechanical appurtenances usually carried above
the roof level. Such features, however, shall be erected only to such
height as is necessary to accomplish the purpose they are to serve.
The provisions of this chapter shall not apply to prevent the erection
above the building height limit of a parapet wall or cornice for ornament
(and without windows) extending above such height limit not more than
five feet. Public and quasi-public buildings, schools, churches and
other similar permitted uses shall increase the front, rear and side
yards by one foot for each foot by which such building exceeds the
height limit herein established for such zone in which it is located,
and further provided that in no case shall any building have a height
greater than 50 feet unless explicitly permitted by the schedule of
this chapter.
B.
Preexisting lots. Any separate lot with an area or frontage of at
least 75% of that required, which lot was under single ownership at
the adoption of this chapter, and the owner thereof owns no abutting
property, may be used for any lawful purpose in the zone; provided,
however, that any other relevant requirements in this or other appropriate
regulation shall apply as to any other lot.
[Amended 5-26-1969 by Ord. No. 1969-5; 8-27-1996 by Ord. No.
1996-05]
A.
No structure shall be built within 50 feet of the bed of a stream
carrying water on an average of six months of the year. No building
shall be constructed on land subject to periodic overflow or on land
which has an average water table within two feet of the ground surface.
In any case, notices shall be given to the Water Policy and Supply
Council of the State of New Jersey prior to any construction in any
known floodplain.
[Amended 5-29-1973 by Ord. No. 1973-3]
B.
No person, firm or corporation shall strip, excavate or otherwise
remove topsoil for sale or other use other than on the premises from
which taken, except in connection with the construction or alteration
of a building on such premises and excavating or grading incidental
thereto, or except as hereinafter specified.[1]
C.
Existing natural features, such as trees, brooks, drainage channels
and views, shall be retained. Wherever such features interfere with
the proposed use of such property, a retention of the maximum amount
of such features consistent with the use of the property shall be
required.
D.
When a building has been demolished and no replacement building operation
has been scheduled or approved after six months, the vacant lot shall
be filled, graded and maintained in conformity with the established
street grades at curb level. The lot shall be maintained free from
the accumulation of rubbish and all other unsafe or hazardous conditions,
and provisions shall be made to prevent the accumulation of water
and to ensure that the appearance of the lot shall not reflect adversely
upon the neighborhood and the community.
[Added 5-26-1969 by Ord. No. 1969-5]
E.
Erosion and sedimentation control. Soil erosion and sedimentation control plans shall be submitted to and land disturbance permits shall be obtained from the Construction Official for all projects which would create land disturbance, except as may be exempted in accordance with Chapter 432, Soil Erosion and Sediment Control.[2], [3]
[Added 5-29-1973 by Ord. No. 1973-3[4]]
