Article VI Exceptions, Modifications and Development Alternatives

No construction permit or certificate of occupancy shall be issued for any conditional use as provided by this chapter, until the use has been approved by the Planning Board.

The review by the Planning Board of a conditional use application shall include any required site plan review pursuant to this chapter.

Public notice and a hearing shall be required as stipulated in this chapter.

In all requests for approval of conditional uses, the burden of proof shall be on the applicant.

In making its decision on an application for a conditional use, the Board shall take no action which will be detrimental to the public welfare or which will substantially impair the intent or purpose of this chapter.

The Board may attach terms and conditions to an approval if, in its judgment, it determines that the conditions will contribute to the public welfare or the intent or purpose of this chapter.

The Board shall be guided by the following principles:

The proposed use does not substantially adversely affect the general plans for the physical development of the Township, as embodied in this chapter and in any Master Plan or portion thereof.

The proposed use will not be substantially detrimental to the use or development of adjacent properties or the character of the neighborhood.

The proposed use will not be affected adversely by the existing uses.

The proposed use will adequately provide for access facilities for the estimated traffic from public streets and sidewalks.

The proposed use shall be subject to the off-street parking, loading and service requirements of this chapter.

Screening or buffer strips, as required, shall be installed.

No outdoor floodlighting or spotlighting shall be permitted to shine directly or indirectly on any abutting property.

The proposed use shall be reasonable in terms of the logical, efficient and economical extension of public services and facilities, such as water, sewers, police and fire protection, transportation, recreation and public schools.

Each proposed use shall be further subject to specific conditions as set forth in this chapter.

The Planning Board shall have the authority to waive or to modify any of the development standards set forth in Article V whenever it is considering an application for approval of a conditional use. A request for a waiver or modification of any of the development standards set forth in Article V shall not be considered as a request for a variance and shall not require a variance from the Planning Board.

Adult uses.

Purpose. These regulations are adopted in furtherance of all of the public purposes of municipal zoning and planning, including, but not limited to, guiding the appropriate use and development of the Township of Bordentown in a manner which will promote the public health, safety, morals and general welfare, and in order to meet the needs of citizens of the Township of Bordentown and of the State of New Jersey, while maintaining the quality and character of Bordentown Township and deterring the growth and spread of blight and crime (especially prostitution, sexual offenses, public indecency, and related offenses). It is recognized that there are some uses commonly known as "adult" uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when those uses are located near residential areas or in other inappropriate locations, or without sufficient showing that those uses in a specified location will comply with the conditions and standards for the location and operation of those uses. Therefore, special regulations of these objectionable adult uses is deemed necessary to ensure that adverse effects will not contribute to the blighting or downgrading of the Township of Bordentown. In no way is the fact that the Township of Bordentown regulates any or all of the adult uses described herein, or prohibits or allows them in the various zoning districts, to be construed as approval of, or condoning of, those uses.

No permitted adult use shall be located within 1,000 feet of any residential district, single-family or multifamily dwelling; within 1,000 feet of any existing church, synagogue, or other place of worship; within 1,000 feet of any religious, charitable or nonprofit institution, or any public or private school, nursery, child-care center, public community center, park, playground, recreation center, or similar use; or within 1,000 feet of any other sexually oriented business; or within 1,000 feet of any premises licensed for the sale or distribution of alcoholic beverages. The foregoing distance limitations shall be measured by a straight line drawn from the nearest point of the lot boundary on which the proposed adult use is to be located to the nearest point of the lot or district boundary, as the case may be, of the other use or district, and those uses, district boundary lines and dimensions shall be indicated on the submitted site plan. No permitted adult use shall be located within 1,000 feet of any existing residential use or residential zone in the Township of Bordentown or in any contiguous municipality.

[Ord. No. 2004-2, 4-9-2004]

Adult uses must be located in a freestanding building, which will include a buffer zone to separate it from family-oriented businesses. The minimum buffer will include a densely planted buffer of evergreen trees in accordance with § 500-507 and at least six feet high at the time of planting.

[Ord. No. 2004-2, 4-9-2004]

Adult uses in buildings having a capacity of 50 or more persons are excluded from all zones.

Off-street parking shall be provided at the ratio of one space per every 200 square feet of gross floor area or portion thereof. In addition, one parking space is required for each viewing theater of from one to three occupants; one parking space for each additional three occupants or part thereof; and one parking space for each employee. Provided, that a minimum of 10 parking spaces shall be provided.

Signs shall meet the requirements specified for retail commercial activities in the HC District; additionally, no specified anatomical areas or specified sexual activity shall be shown, described or depicted on any signs, advertisements, displays or exhibits that are visible from outside the building.

The interior of the adult use building shall be designed so that no interior contents of the building are visible at any time from the outside through windows, door openings or in any other manner.

The interior of any building in which an adult use is located shall be adequately lighted and shall be constructed so that every portion thereof is readily visible without obstruction to the clerk or other person in charge of the building from the counter, booth, cash register, or other place where the person is normally stationed.

All other applicable requirements of the HC District and of this chapter shall be met.

All adult uses must be licensed as required in the Code of the Township of Bordentown.

Hours of operation shall not be earlier than 9:00 a.m. nor later than 12:00 midnight, prevailing time, on weekdays and Saturday and shall be closed on Sundays.

ADULT BOOKSTORE or ADULT VIDEO STORE

Other development standards shall be in accordance with the provisions of Article V, which may be waived or modified by the Planning Board as it deems appropriate for the particular application during site plan review.

(13)

All trash, refuse, articles, or any material to be disposed of shall be shredded, cut, or rendered in such a fashion so that the remains shall not be readable, legible, or discernible.

[Ord. No. 2004-2, 4-9-2004]

(14)

Definitions. As used in this section, the following terms shall have the meanings indicated:

[Ord. No. 2009-32, 12-14-2009]

ADULT ARCADE

Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still- or motion-picture machines, projectors or other image-producing devices are maintained to show images to one person per machine at any one time and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

A commercial establishment which, as one of its principal business purposes, offers for sale or for rental for any form of consideration any one or more of the following:

Books, magazines, periodicals or other printed material or photographs, films, motion pictures, videocassettes or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or

Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

ADULT CABARET

A nightclub, bar, restaurant or similar commercial establishment which regularly features:

Persons who appear in a state of nudity; or

Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

ADULT MOTEL

A hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration and which:

Provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and has a sign visible from a public right-of-way which advertises the availability of these adult types of photographic reproductions;

Offers a sleeping room for rent for a period of time that is less than 10 hours; or

ADULT MOTION-PICTURE THEATER

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.

A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. Adult motion-picture theaters shall meet the seating criteria established for adult theaters.

ADULT THEATER

A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities. Seating shall be provided in a design consistent with traditional movie theaters. All sitting areas shall be visible and unobstructed.

COMMERCIAL DISPLAY

The exhibition to the senses of another person for valuable consideration, whether the valuable consideration is paid by the recipient of the exhibition or by another and whether the exhibition occurs at the exhibitor's place of business or elsewhere.

NUDITY or A STATE OF NUDITY

The appearance of a human bare buttocks, anus, male genitals, female genitals or female breasts.

OBSCENE MATERIALS

The definition of obscene materials set forth in P.L. 1978, c. 95, as amended by P.L. 1982, c. 211, § 1 (effective December 23, 1982, as N.J.S.A. 2C:34-2), as the same shall be from time to time amended or supplemented, as well as in accordance with and not more strictly than judicial interpretations thereof pursuant to the Constitutions of the United States and of the State of New Jersey finally concluded in courts of jurisdiction sufficient to render decisions on constitutional questions of general application.

PERSON

An individual, proprietorship, partnership, corporation, association or other legal entity.

SEXUALLY ORIENTED BUSINESS

An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater or adult theater.

SPECIFIED ANATOMICAL AREAS

Less than completely and opaquely covered by fabric or cloth, human genitals, pubic region, anus or female breasts below the point immediately above the top of the areola down to the bottom of the areola. The entire areola and nipple of the female breasts must be completely covered by opaque fabric or cloth as is shown on Exhibit A annexed hereto and made a part hereof;[1] or

SPECIFIED SEXUAL ACTIVITIES

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Includes any of the following:

The fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts;

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

Masturbation, actual or simulated; or

Excretory functions as part of or in connection with any of the activities set forth in Subsections a through c of this definition.

Editor's Note: Exhibit A is on file in the Township offices.

Billboards.

Purpose. These regulations are adopted in furtherance of all of the public purposes of the Master Plan of the Township of Bordentown and to guide the appropriate use and development of lands in the Township that will promote the general welfare, enhance economic development, deter blight, and encourage and maintain the quality and character of the Township of Bordentown.

Standards.

Billboards, which term shall include all off-premises advertising signs, are permitted in the following zoning districts: General Commercial II (GCII), Research Engineering and Office (REO), Community Commercial (CC), Public Use (P) (limited areas) and Highway Commercial (HC) (limited areas) Zones only. In the Public Use (P) Zone, billboards will be permitted in areas abutting the New Jersey Turnpike south of Georgetown Road only. In the Highway Commercial (HC) Zone, north of Ward Avenue, only existing signs will be permitted to be upgraded to meet the requirements and standards of this section. No new billboard locations will be permitted in the Highway Commercial (HC) Zone north of Ward Avenue.

[Ord. No. 2007-13, 4-23-2007]

No billboards shall be permitted within 1,000 feet of a residential use or residential zone. The Planning Board may allow a reduction of the distance to 750 feet where the applicant shows that the impact on residential zone will be minimal and the benefit substantially outweighs the potential detrimental impact on residential properties.

[Ord. No. 2007-13, 4-23-2007]

Billboards shall require site plan approval from the Planning Board. In addition to any other requirements, the site plan shall require the provision and maintenance of a clear sight triangle. In addition, provisions for the removal of the sign must be addressed once the sign is no longer in use. Billboards which are dormant or unused for more than one year shall be removed, including below-ground structures, at the owner's expense upon notification by the municipality.

[Ord. No. 2007-13, 4-23-2007]

No billboard, or portion thereof, shall be allowed within a 1,000-foot radius of any other billboard.

[Ord. No. 2007-13, 4-23-2007]

There shall be no more than four billboards per linear mile of roadway, except that along interstate highways, the limitation shall apply to the same side of the highway only.

No billboards shall obstruct existing access drives of adjoining properties, nor shall they block reasonable visibility of existing freestanding signs or buildings.

The minimum lot size shall be 20,000 square feet.

Highway setbacks and design features.

The minimum front yard setback for billboards directed toward non-limited-access highways shall be 30 feet from the right-of-way line, and the maximum size of a billboard at the setback line shall be 75 square feet. The size of any such billboard may increase by no more than 13.5 square feet for every one foot for which the sign is set back beyond the thirty-foot setback line. The maximum size of any billboard shall be 300 square feet (with basic proportions of 12 feet high by 25 feet wide) on any non-limited-access highway. No portion of the sign, excluding lighting or basic structural elements, shall project from the face of the sign.

[Ord. No. 2007-13, 4-23-2007]

For signs directed at limited-access highway, the minimum setback shall be 10 feet and the maximum size shall be 1,200 square feet (with basic proportions of 20 feet high by 60 feet wide). No portion of the sign, excluding lighting or basic structural elements, shall project from the face of the sign.

[Ord. No. 2007-13, 4-23-2007]

[3]

Any use of design features, such as cutouts, which vary from the rectangular shape shall require an adjustment of the dimensions but shall not exceed the total square footage allowed for the sign.

Side and rear yard setbacks shall be not less than the front yard setback.

(j)

Height.

The maximum height of any billboard shall be 30 feet, measured from the average grade at the base of the billboard's structure. If the elevation of the road differs from the elevation at the base of the structure, then the height of the sign shall be measured from an elevation established by taking an imaginary plane at the edge of the cartway nearest to the proposed sign.

The Planning Board may permit any billboard face directed toward motorists traveling limited access highways to be of sufficient height to minimize the adjustment, alteration or removal of natural landscaping or provide an unobstructed, legible view of the billboard face, provided that the maximum height shall not exceed 90 feet.

(k)

The minimum clearance for any billboard shall be eight feet from the bottom of the billboard to the grade at the base of the billboard or to the elevation of the imaginary plane at the edge of the pavement, whichever insures unobstructed visibility to motorists traveling along the nearby roadway(s).

(l)

All billboard faces shall be erected on and displayed from a single metal pole, constructed and maintained according to applicable regulations promulgated by the State of New Jersey and shall be grounded and/or otherwise protected as necessary from lightning and electrical storms.

(m)

Illumination of any billboard must be effectively shielded so as to prevent light from being directed at any portion of the main traveled way of any street or highway. The illumination shall also conform and be subject to regulations relating to illumination of billboards promulgated by the State of New Jersey, but in no case shall not exceed 50 footcandles. No distracting displays are permitted, including moving parts, flashing lights, animated displays, scrolling displays, video displays, or displays that turn. Conforming signs displaying the time, date and temperature are permitted. In order to improve safety and prevent confusion or conflict with emergency vehicles, no red lighting shall be utilized. The illumination of any billboard must be effectively shielded so as to minimize the impact on residential properties and vehicular circulation.

[Ord. No. 2007-13, 4-23-2007]

(n)

Only one billboard structure may be permitted per lot, except that up to two billboard structures shall be permitted on lots abutting an interstate highway and along Old York Road and Rising Sun Road, where the viewing area of the sign is directed to a limited-access highway and the billboards conform to the requirements of this subsection.

[Ord. No. 2007-13, 4-23-2007]

(o)

Back-to-back or double-faced billboards are permitted and shall be counted as a single sign, provided both sides are the same size. V-shaped billboards and three-or-more-sided signs are prohibited. When a single-sided billboard is proposed, the rear or back of the sign shall be provided with a façade that obscures all structural elements satisfactory to the approving authority.

[Ord. No. 2007-13, 4-23-2007]

(p)

Billboards shall be suitably landscaped to improve the environment of the site and surrounding area, and protect the general welfare of the public, so that the sign shall be shielded by buffers. The purpose of the buffer is to improve the visual impact from residential areas which may overlook the sign. Any and all landscaping around the billboard installation shall be placed so that it will not obstruct sight distance along any street frontage.

[Ord. No. 2007-13, 4-23-2007]

(q)

A conscious effort shall be made to preserve and incorporate the existing vegetation on site wherever possible. The support structure for the billboard shall be screened with evergreen and deciduous shrubs and trees. The final spacing and species mixture shall be as approved by the approving authority.

[Ord. No. 2007-13, 4-23-2007]

(r)

The billboard sign may be illuminated but shall be arranged so that no light or glare is directed or reflected to adjoining lots, streets, or into residential windows. No external beam shall be directed downward. Lighting shall be shielded to prevent spillage off the lot. The billboard sign shall not exhibit exposed incandescent bulbs, neon tubes or mirrors. Dark sky considerations shall be addressed for all lighting.

[Ord. No. 2007-13, 4-23-2007]

(s)

The billboard sign shall be of sound construction and shall be permanently affixed to the ground in a manner conforming to the New Jersey Uniform Construction Code. Consideration shall be given to using a monopole.

[Ord. No. 2007-13, 4-23-2007]

(t)

Access drives for billboards shall be designated to support emergency vehicles. Materials, design elements and the width of the access drive are to be based on the needs of emergency vehicles utilizing the access route, as well as the length of the accessway. Emergency vehicle requirements shall be determined by the municipal fire marshal and the approving authority.

[Ord. No. 2007-13, 4-23-2007]

(u)

The billboard sign shall be periodically maintained by the owner, including painting, repairing, and cleaning as necessary. Any billboard sign that, because of improper maintenance, is deemed to be in a state of disrepair shall be repaired by the owner of said sign within 14 days of the notice requiring repair. If the repair is not done, the sign shall be considered as subject to the regulations of the Property Maintenance Code of Bordentown Township.

[Ord. No. 2007-13, 4-23-2007]

(v)

All billboard signs shall be under current contract between the property owners and the billboard sign owner. All billboard sign messages shall be under current contract between the billboard sign owner and a third-party advertiser/vendor. Otherwise, the messages or images, including graffiti, shall be removed. Billboards without messages shall be reported to the municipality by the owner, along with appropriate justification.

[Ord. No. 2007-13, 4-23-2007]

(w)

No billboard sign shall contain messages advertising and/or depicting any obscene material and/or any adult entertainment.

[Ord. No. 2007-13, 4-23-2007]

(x)

Billboard signs that are not completed within 120 days of the commencement of construction shall be removed. Failure to do so shall be considered a violation of this subsection and permit the Township to seek all remedies available to it for the said removal and other related relief.

[Ord. No. 2007-13, 4-23-2007]

Application and construction requirements for billboards.

[Ord. No. 2007-13, 4-23-2007]

All billboard signs must be in compliance with the Roadway Signs Outdoor Advertising Act (N.J.S.A. 27:1A-5, 27:1A-6, 27:5-5 et seq.).

No billboard sign shall be applied for or erected until any necessary approvals are obtained from the New Jersey Department of Transportation or the New Jersey Turnpike Authority, and a license issued for off-premises billboard signs at the specific location being applied for.

No billboard shall be erected until all necessary approvals are obtained from the State of New Jersey, Burlington County and any other agency or jurisdiction.

Car washes.

The principal building shall be a minimum of 2,500 square feet and the total floor area of the principal building shall not be more than 20% of the total lot area.

All mechanical activities must be conducted within a totally enclosed building.

Off-street parking shall be provided in accordance with the following schedule: three access lanes for each mechanized car wash entrance with each lane having a minimum capacity for 12 vehicles; one separate space for each waxing, upholstery cleaning or similar specialized service area; and one space for each employee. All vehicle entrances shall be from the rear of the building and all parked and waiting vehicles shall be accommodated on the lot and shall in no way hinder or impair normal traffic flow on public roads or adjoining property.

One sign shall be permitted, either freestanding or attached, not exceeding an area equivalent to 5% of the first floor portion of the front facade or 75 square feet, whichever is smaller. Freestanding signs shall be set back at least 25 feet from all street and lot lines.

All of the other area, yard, building coverage, height, and general requirements of the respective zone must be met.

Extended-stay hotel.

[Ord. No. 2005-15, 9-29-2005]

An extended-stay hotel shall meet all of the requirements set forth in hotels, inns/conference centers and motels, in addition to the requirements set forth herein.

All extended-stay units must be accessed by doors located on interior central corridors set forth herein.

The maximum floor area ratio shall be 0.30.

Each unit of accommodation shall contain a minimum floor area of 300 square feet, with at least 30% of the units containing 340 square feet.

Each unit of accommodation shall include a minimum of three areas: a bedroom, a kitchenette with cooking facilities, and a separate full bathroom with a tub and shower.

There shall be a residency limitation on all guests on 90 days maximum. Whenever a guest shall have occupied a unit for the ninety-day maximum, that guest shall not, directly or indirectly, rent that or any other unit in the motel for a period of not less than 90 days. In times of declared national emergency or military troop mobilization and upon order of the Department of Defense, military personnel and members of their immediate families will be permitted to remain beyond 90 days until the reason for the emergency or mobilization is declared over. The owner/operator shall be required to notify the Clerk of the Township of Bordentown, in writing, when the ninety-day limit is exceeded. Further, the owner shall provide the names of all persons exceeding the ninety-day limitation and the reason.

The maximum building height for an extended-stay hotel shall not exceed 45 feet and four stories.

An "extended-stay occupant" shall be a guest that occupies a unit in an extended-stay hotel for a period up to and including 90 days, who shall not for any purposes be treated as or deemed a resident of Bordentown Township.

In addition to a monument sign, one additional building mounted sign, a maximum of 20% of the building facade or 200 square feet, whichever is smaller, shall be permitted on any frontage along a state or federally designated highway or interstate route, provided those frontages are not adjacent to or across from a residential use or zone.

Other development standards shall be in accordance with the provisions of Article V, which may be waived or modified by the approving authority as it deems appropriate for the particular application during site plan review.

Hotels, inns/conference centers.

[Ord. No. 2005-15, 9-29-2005]

A hotel/inn or a hotel/conference center shall meet all of the requirements set forth in motels, in addition to the requirements set forth herein.

All hotel/inn or hotel/conference center units must be accessed by doors located on interior central corridors or hallways.

The maximum floor area ratio shall be 0.25.

The floor area ratio may be increased, with the approval of the approving authority, to 0.30 if structured parking is used to accommodate at least 60% of the parking.

Conference centers shall consist of a minimum of 9,000 square feet of meeting, seminar, training or reception space with at least one room containing 7,500 square feet. For hotels with over 100 units, the conference center shall consist of at least 90 square fee per hotel unit.

The maximum building height for a hotel/inn shall not exceed 45 feet and three stories. The maximum building height for a hotel with a conference center shall not exceed 48 feet and four stories.

Barbershops, gift shops, magazine/newspaper stands, and similar uses shall be permitted as accessory uses, provided they have no outside building access for customers and no outside advertising.

Off-street parking shall be provided in accordance with the design requirements set forth in § 500-509, which may be waived or modified by the approving authority, as it deems appropriate for the particular application, during site plan review. Those spaces shall be for automobile or four-wheeled vehicles only. The approving authority may permit, in its sole discretion and in accordance with an approved site plan, parking for not more than two oversized vehicles, such as recreational vehicles.

Other development standards shall be in accordance with the provisions of Article V, which may be waived or modified by the approving authority as it deems appropriate, after testimony to the relevant fact, for the particular application during site plan review. Those spaces shall be for automobile or four-wheeled vehicles, less than 3,000 pounds maximum rated capacity only. The Approving Authority may permit, in its sole discretion, after testimony to the relevant facts and in accordance with an approved site plan, parking for not more than two oversized vehicles, such as recreational vehicles.

In addition to a monument sign, one additional building-mounted sign, a maximum of 20% of the building facade or 200 square feet, whichever is smaller, shall be permitted on any frontage along a state or federally designated highway or interstate route, provided those frontages are not adjacent to or across from a residential use or zone.

Each unit of accommodation shall contain a minimum floor area of 300 square feet.

Motels.

[Ord. No. 2005-15, 9-29-2005]

Any motel that may be constructed on a lot or parcel of land must contain a minimum of at least 50 units of accommodation. All units shall have outside access by a door located in an open, weather-protected area or exterior balcony, porch or covered exterior entrance.

The maximum building height for a motel shall not exceed 28 feet and two stories.

Each unit of accommodation shall contain a minimum floor area of 300 square feet. Ceiling shall be a minimum of eight feet in height.

Each unit of accommodation shall include a minimum of two rooms: a bedroom and a separate bathroom. No units shall include cooking facilities within the units.

There shall be a residency limitation on all guests of 30 days maximum. Whenever a guest shall have occupied a unit for the thirty-day maximum, that guest shall not, directly or indirectly, rent that or any other unit in the motel for a period of not less than 90 days.

Minimum frontage shall be 500 feet on all roads. All of the other area, yard, building coverage, height, and general requirements of the respective zone and other applicable requirements of this chapter must be met.

Off-street parking shall be provided in accordance with the design requirements set forth in § 500-509, which may be waived or modified by the approving authority, as it deems appropriate for the particular application, during site plan review. Those spaces shall be for automobile or four-wheeled vehicles only. No truck parking shall be allowed other than for routine deliveries in areas designated on the approved site plan. The approving authority may permit, in its sole discretion and in accordance with an approved site plan, parking for not more than two oversized vehicles, such as recreational vehicles.

One sign shall be permitted, either monument or attached, not exceeding an area equivalent to 5% of the first floor portion of the front facade or 75 square feet, whichever is smaller. Monument signs shall be set back at least 25 feet from all street and lot lines and shall not exceed six feet in height.

Significant planted buffering shall be required on all frontages immediately adjacent residential uses. Buffering shall incorporate berms, fencing mature trees and plantings to provide screening of all on-site activities from residential uses.

No motel ingress/egress may be located on streets serving a residential use or zone without appropriate justification.

In order to provide proper emergency access, heavy-duty paving shall be provided throughout the site to accommodate heavy-duty emergency vehicles.

(13)

Each motel shall maintain any and all registers of guests required by the laws of the State of New Jersey and shall permit inspection of these registers by members of the Township Committee or any peace officer of the State of New Jersey at all times.

(14)

In addition to any other information required by law to be kept in the register, the register shall show:

The name of each rooming occupant;

The principal address of each such occupant;

The date on which the occupancy of such unit commenced;

The signature of each occupant of such unit;

The identification number from a legal form of identification such as a driver's license or passport;

The age of each occupant; and

The make, model, and license number of any motor vehicle parked at the motel by occupants of each unit.

(15)

No person under the age of 18 shall be permitted to rent a unit without having the permission of a parent or legal guardian at the time the room is rented. The minor shall present at the time of check in proof of parental or guardian consent. Parental or guardian consent if written must include the parent's or guardian's name and telephone number.

Professional offices or office buildings.

Professional offices or office buildings may be located on lots in the R-30, R-20, R-10, R-8, R-7, and R-6 Districts, provided that the lots have frontage on U.S. Route 206, U.S. Route 130, Georgetown Road, Bordentown-Chesterfield Road or Farnsworth Avenue; or within the GC-I District.

The professional office uses shall be located on lots not less than 10,000 square feet.

Off-street, on-site parking shall be provided to adequately serve the proposed professional use. The standards set forth in § 500-509 shall be applicable.

The regular hours of operation shall be stipulated at the time of application and shall be limited to daytime in order to eliminate the need for the lighting of parking areas.

Sufficient landscaping shall be provided to enhance the appearance of the structure as well as to adequately screen any adjacent residential districts or uses.

Any new construction of professional offices shall be of the design and appearance so as to be in character with adjoining residential buildings.

Any new construction of or addition to professional offices shall adhere to the requirements for those uses in the PO District or the district in which it is located, whichever is more stringent.

Public and private schools.

Public and private schools offering early childhood, elementary and/or secondary secular or religious education instruction and approved by the State of New Jersey, shall be located on a lot of no less than three acres in size and of 200 feet in width.

No building shall be located within 50 feet of a lot line.

No accessory use shall be located within 25 feet of a lot line.

The use shall have direct access to a street classified as other than a local street as shown in the adopted Master Plan of the Township of Bordentown.

A planted buffer area of no less than 15 feet in depth and fencing or both shall be required between all parking areas, outdoor facilities and adjacent lot lines. This provision may be waived if natural topography, wetlands or other natural or man made features adequately separate parking areas from adjoining residentially zoned land.

Off-street parking shall be required in accordance with the standards set forth in § 500-509 and specifically as set forth in the "Guidelines for Nonresidential Off-Street Parking Requirements." In all cases sufficient space for school bus loading and unloading shall be provided.

Public utility uses.

For purposes of this subsection, the term "public utility uses" shall be limited to the erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by the public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.

The proposed installation in a specific location must be reasonably necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is located.

Adequate fences and other safety devices must be provided as may be required. Fences, when used to enclose public utility facilities such as electrical power substations, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the National Electrical Code in effect at the time of the construction.

Landscaping, including shrubs, trees and lawns, shall be provided and maintained.

Off-street parking shall be provided as determined by the Planning Board during site plan review.

Self-storage or mini-warehouse facilities.

No site shall contain less than two acres.

Frontage shall be not less than 200 feet and shall be located on a state highway.

A single residential unit shall be allowed on the lot for the use of the resident manager and his or her family only.

Buffers shall comply with the standards established for the zoning district in which the facility is located.

There shall be no storage of any hazardous or combustible materials or any unlawful substances.

There shall be no sales conducted from the premises, except pursuant to law in order to enforce a lien for unpaid rentals.

There shall be a minimum of 45 feet between buildings.

There shall be no keeping of livestock or animals in any of the storage units.

There shall be no outside storage permitted.

The Planning Board shall fix the maximum impervious surface ratio at the time of site plan review.

Service stations.

The minimum lot size for service stations shall be one acre and the minimum frontage shall be 200 feet.

No service station shall be located within 500 feet of any firehouse, school, playground, church, hospital, public building or institution.

All appliances, pits, storage areas and trash facilities other than gasoline filling pumps or air pumps shall be within a building. Gasoline filling pumps and air pumps shall be permitted within the required front yard space of a service station but shall be no closer than 50 feet to any future street line. All lubrication, repair or similar activities shall be performed in a fully enclosed building and no dismantled parts shall be displayed outside of an enclosed building.

No junked motor vehicle or part thereof shall be permitted on the premises of any service station. Moreover, no more than six motor vehicles may be located upon any service station premises outside of a closed or roofed building for a period not to exceed seven days.

Landscaping shall be provided in the front yard area equal to at least 20% of the front yard area and the landscaping shall be reasonably distributed throughout the entire front yard area.

The exterior display and parking of motor vehicles, trailers, boats or other similar equipment for sale shall not be permitted as part of a service station.

Service stations shall have a minimum building floor area of 1,500 square feet and shall be set back 50 feet from any property line. Further, service stations shall provide at least four off-street parking spaces for each bay or work area, plus one for each employee. The parking spaces shall be separated from the driveway and general apron areas which give access to the gasoline and air pumps and service areas. No designated parking space shall obstruct access to any facilities. No parking shall be permitted on unpaved areas. The impervious surface ratio shall be fixed by the Planning Board at the time of site plan review.

Service stations may be permitted one freestanding sign and one sign attached against the building. The freestanding sign shall not exceed an area of 20 square feet and shall be set back at least 20 feet from all street rights-of-way and lot lines. The attached sign shall not exceed 30 square feet in area.

All of the other area, yard, and general requirements of the respective zone and other applicable requirements of this chapter must be met.

(Reserved)[2]

Editor's Note: Former § 25.601L10, regarding the number of service stations permitted within a linear mile, was repealed 2-13-2017 by Ord. No. 2017-2.

Not more than 20% or two, whichever is less, of the fueling positions shall be for diesel fuel.

Fueling positions for gasoline fuel shall be located at separate islands from the fueling positions for diesel fuel. The specific location of the respective fueling islands shall be designated on the site plan and shall be designed in a manner that will reduce the conflicting traffic movements between automobile and truck traffic.

(13)

Truck fuel stations.

Findings and policy.

Due to the convergence of major highway systems, specifically Interstate Highway 295 and the New Jersey Turnpike, within a portion of the Township of Bordentown, truck fuel stations are reasonably needed to service the traffic on those highways.

[Ord. No. 2003-19, 9-22-2003]

The location of truck fuel stations should be focused into the immediate area where those highways converge and should not be generally permitted throughout the Township. Truck fuel stations present unique problems with respect to traffic generation, parking, environmental impact, and public safety that can only be effectively addressed by regulating the location and size of the facilities.

Standards. Truck fuel stations shall be permitted as conditional uses in the GC-II District only, subject to the following:

Minimum lot size shall be not less than four acres;

There shall be a maximum of two access points for ingress and egress;

Minimum frontage shall be 400 feet;

Buffers shall be a minimum of 50 feet around the perimeter of the facility and shall include berming and landscaping to create a visually impervious barrier with adjoining land uses. The buffering and landscaping requirement shall apply only along the perimeter abutting an adjoining land use and shall not apply along any abutting roadway. When the adjoining land is reserved for conservation use or open space or is used for a truck repair station, a truck fuel station or a truck stop, the Planning Board may permit a buffer of not less than 25 feet with appropriate berming and/or landscaping.

No access shall be permitted through a residential area.

There shall be not more than 12 fueling positions. Not more than 30% of the fueling positions shall be for gasoline fuel.

The impervious surface ratio shall be fixed by the Planning Board at the time of site plan review.

Truck repair stations.

Findings and policy.

Due to the convergence of major highway systems, specifically Interstate Highway 295 and the New Jersey Turnpike, within a portion of the Township of Bordentown, truck repair stations are reasonably needed to service the traffic on those highways.

[Ord. No. 2003-19, 9-22-2003]

The location of truck repair stations should be focused into the immediate area where those highways converge and should not be generally permitted throughout the Township. Truck repair stations present unique problems with respect to traffic generation, parking, environmental impact, and public safety that can only be effectively addressed by regulating the location and size of the facilities.

Standards. Truck repair stations shall be permitted as conditional uses in the GC-II District only, subject to the following:

Minimum lot size shall be not less than two acres.

There shall be a maximum of two access points for ingress and egress.

Minimum frontage shall be 400 feet.

Buffers shall be a minimum of 50 feet around the perimeter of the facility and shall include berming and landscaping to create a visually impervious barrier with adjoining land uses. The buffering and landscaping requirement shall apply only along the perimeter abutting an adjoining land use and shall not apply along any abutting roadway. When the adjoining land is reserved for conservation use or open space or is used for a truck repair station, a truck fuel station or a truck stop, the Planning board may permit a buffer of not less than 25 feet with appropriate berming and/or landscaping.

No access shall be permitted through a residential area.

The impervious surface ratio shall be fixed by the Planning Board at the time of site plan review.

Other development standards shall be in accordance with the provisions of Article V which may be waived or modified by the Planning Board as it deems appropriate for the particular application during site plan review.

Truck stops.

Findings and policy.

Due to the convergence of major highway systems, specifically Interstate Highway 295 and the New Jersey Turnpike, within a portion of the Township of Bordentown, truck stop facilities are reasonably needed to service the traffic on those highways.

[Ord. No. 2003-19, 9-22-2003]

The location of truck stop facilities should be focused into the immediate area where those highways converge and should not be generally permitted throughout the Township. Truck stops and truck service facilities, including related restaurant facilities, present unique problems with respect to traffic generation, parking, environmental impact, and public safety that can only be effectively addressed by regulating the location and size of the facilities.

Standards. Truck stops shall be permitted as conditional uses in the GC-II District only, subject to the following standards, in addition to the standards generally applicable to the GC-II District. Where the standards set forth in this section differ from the standards in the GC-II District, these standards shall apply:

Minimum lot size shall be not less than 10 acres.

The facility shall not exceed the number of parking spaces for trucks and for automobile and recreational vehicles as approved by the Planning Board at the time of site plan review. In determining the number of parking spaces allowed, the Planning Board shall consider the impact on the surrounding road network, the provisions for safe ingress and egress, the need for traffic control devices, the appropriate lot coverage and design and provisions for landscaping and buffering.

In recognition of the fact that this use presents a unique relationship between buildings, parking area and the total lot, the floor area ratio and impervious surface ratio shall be established by the Planning Board at the time of site plan review after consideration of proposed plan, the recommendations of the professional consultants to the Board and the general planning considerations embodied in the Master Plan and this chapter.

Access shall only be permitted within the GC-II District and to U.S. Route 206, Old York Road and Rising Sun Square Road.

Truck movements, truck fuel stations and truck parking shall be separated from automobile traffic, automobile fuel stations and automobile parking on the site.

Buffers shall be a minimum of 50 feet around the perimeter of the facility and shall include berming and landscaping to create a visually impervious barrier with adjoining land uses. The buffering and landscaping requirement shall apply only along the perimeter abutting an adjoining land use and shall not apply along any abutting roadway. When the adjoining land is reserved for conservation use or open space or is used for a truck repair station, a truck fuel station or a truck stop, the Planning board may permit a buffer of not less than 25 feet with appropriate berming and/or landscaping.

No access shall be permitted through a residential area.

Senior citizen developments.

Minimum tract size: 50 acres.

Maximum gross density: 2.5 units per acre.

Permitted uses:

Single-family detached.

Multifamily, such as quadraplexes and similar configurations.

Single-family detached units minimum lot requirements:

Lot size: 5,000 square feet.

Width at building line: 50 feet.

Frontage: 40 feet.

Front yard: 20 feet.

Side yard: five feet (one); 12 feet (both).

Rear yard: 20 feet.

Single-family attached units and quadraplexes and other multifamily units; fee simple:

Lot size: 2,000 square feet.

Width at building line: 18 feet.

Front yard: 20 feet.

Side yard: 10 feet.

Rear yard: 20 feet.

Parking shall be provided at two spaces per unit.

Open space:

Area: 25% of total tract in one-acre minimum parcels and contiguous where possible.

A maximum of 50% of the open space may be wetlands.

A community building of at least 10 square feet per unit shall be included within the open space.

Live entertainment.

[Ord. No. 2009-26, 11-23-2009]

Live entertainment shall be conditionally permitted as an accessory use to a restaurant, subject to the following conditions:

Live entertainment shall not occupy more than 5% of the gross floor area of entire building. Areas for a dance floor, stage or other area occupied by live entertainment shall be included as part of the total area dedicated to this use.

Live entertainment shall not be permitted on a parcel located within 100 feet of the property line to the exterior of the building of a residential property or a residential zoning district.

Live entertainment shall be permitted only entirely within a fully enclosed building with permanent walls, which shall be sufficiently insulated and separated from adjacent uses, particularly residential uses to avoid noise nuisances.

No outdoor music or public address system shall be permitted.

Live entertainment shall be permitted between the hours of operation as established by the Planning Board. This is also subject to any conditions and/or approval by the local, county, or state licenses.

All live entertainment shall conform to the performance standards for all uses contained in § 500-510.

The occupancy for the proposed use shall be based on the maximum permitted by the Uniform Construction Codes and firesafety regulations.

Any building where live entertainment is conditionally permitted shall comply with the minimum requirements for fire safety, sanitary facilities and structure safety as established by the Uniform Construction Code regulations.

Site plan submission shall be required. The plans must show information, including but not limited to buildings, off-street parking, ingress and egress to off-street parking areas, pedestrian walkways, exterior lighting, signage, landscaping, and the interior layout of the building seating, areas for performances, stages, equipment, and/or dance areas.

(j)

All live entertainment uses shall be required to comply with the annual business licensing requirements contained in § 5.04 of the Bordentown Revised General Ordinances.

(k)

All live entertainment uses must provide proof of adequate insurance coverage as part of any land development application and the annual business licensing requirements contained in Chapter 214, Business Licenses, of the Code of the Township of Bordentown.

(l)

All live entertainment is subject to the approval of an annual security plan by the Township Committee and Chief of Police.

(m)

Landscaping. All live entertainment uses shall provide adequate buffering and landscaping from surrounding land uses. The intent of the buffering is to maintain as much of the existing/mature vegetation as possible. A minimum landscape buffer of a fifty-foot landscape buffer is appropriate. This buffer should consist of a minimum of eight to 10 feet high (at time of installation) evergreen trees, planted at ten feet on center in a double-row configuration. The type and species of plant material shall be approve by the Planning Board and/or its professionals. Fencing may also be utilized for buffering and screening purposes. Berms may also be utilized as part of the buffer. A minimum landscaped and planted berm of four feet to six feet tall is required. The berm will serve to deflect noise back onto the subject property and reduce the visual aspects of the proposed use on the adjacent residential neighborhood.

(n)

Off-street parking shall be required to be provided for all live entertainment subject to the approval by the Planning Board. All parking must be located within the municipal boundaries and on the same site where the live entertainment use is proposed unless otherwise approved by the Planning Board. The applicant must be able to demonstrate control over the site where the off-street parking is proposed. The minimum number of required off-street parking spaces shall be the sum of the requirements for each of the individual uses, computed separately in accordance with this section; parking facilities for one use shall not be considered as providing the required parking facilities for any other use. The minimum number of off-street parking spaces for each use is as follows:

One off-street parking space for every two seats, plus 10% of the total required parking for seating related to live entertainment.

One off-street parking space shall be required for each 30 square feet of dance floor, stage, or other area devoted to live entertainment.

[3]

Under no circumstances shall the required off-street parking be less than one off-street parking space for every three persons of the maximum permitted occupancy of such designated areas for live entertainment, as established by the Uniform Construction Code regulations.

Personal service establishments.

[Ord. No. 2009-30, 11-23-2009]

Personal service establishments, with the exception of a funeral home, are a conditionally permitted use only in a mixed-use retail or shopping center. Funeral homes shall be permitted as a principal use on an individual lot or parcel of land.

Off-street parking. The minimum number of required off-street parking spaces shall be the sum of the requirements for each of the individual uses, computed separately in accordance with this subsection; parking facilities for one use shall not be considered as providing the required parking facilities for any other use. All of the minimum number of required off-street parking spaces shall be provided on the site where the mixed-use retail or shopping center is located. The minimum number of off-street parking spaces for each use is as follows:

Barber and beauty salons: three parking spaces per chair.

Nail salons: two parking spaces per chair or station.

Cleaning or pressing services: one parking space per two employees or one parking space per 300 square feet of gross floor area, whichever is greater.

Shoe repair services: one parking space per 350 square feet of gross floor area.

Clothing rental or tailor shops: a minimum of five parking spaces or one parking space per 350 square feet of gross floor area, whichever is greater.

Funeral homes: one parking space per five seats of capacity or one parking space per 150 square feet of floor area in parlors or assembly areas.

Weight loss centers, health spas and/or health clubs: one parking space per 250 square feet of gross floor area.

§ 500-602 General exceptions and modifications.

Beauty shops, barbershops, nail salons, weight loss centers, and health clubs must comply with any local, county, or state licenses, health codes and standards, including periodic inspections by public health inspectors.

Height limits. Excepting for residential dwelling units as permitted in this chapter, penthouses or roof structures for the housing of stairways, tanks, ventilating fans, air-conditioning equipment or similar equipment required to operate and maintain the building; skylights, spires, cupolas, flagpoles, chimneys or similar structures; may be erected above the height limits prescribed by this chapter, but in no case more than 15% more than the maximum height permitted for use in the district, except that silos and barns for farming purposes associated with farming shall be a maximum of 55 feet in height.

Parking of commercial vehicles in residential zones. One registered commercial vehicle of a rated capacity not exceeding 1.5 tons on four wheels, owned or used by a resident of the premises, shall be permitted to be regularly parked or garaged on a lot in any residential district, provided that the vehicle is not parked on a street and is parked in a side or rear yard area, which area is relatively unexposed to neighboring properties and is screened from neighboring properties by plantings at least five feet in height. For purposes of this chapter, a commercial vehicle is a bus and/or vehicle containing advertising matter intending to promote the interest of any business, whether or not the vehicle is registered as a commercial vehicle with the New Jersey Motor Vehicle Commission; except that this provision shall not be deemed to limit the number of commercial trucks or cars used on a farm, or construction equipment which is used on the site for construction purposes.

Public election voting places. The provisions of this chapter shall not be construed so as to interfere with the temporary use of any property as a voting place in connection any public election.

Public utility lines. Public utility lines for the transportation and distribution and control of water, electricity, gas, oil, steam, telegraph and telephone communications, and their supporting members, other than buildings or structures, shall not be required to be located on a lot nor shall this chapter be interpreted as to prohibit the use of a property in any zone for the above uses.

§ 500-603 Townhouses and apartments.

[Ord. No. 1996-7, § 6, 5-13-1996]

No townhouse or apartment dwelling unit shall be constructed in the Township unless the dwelling is part of an approved site plan and unless the following minimum standards are met in addition to other applicable requirements of this chapter:

The architectural character of each dwelling unit shall be compatible in style, size, color and materials with proposed dwelling units in the same development.

Height shall be limited to three stories and 35 feet. Chimney, cupola and similar appurtenances are exempt.

Minimum setback for all structures from any street, public or private, shall be 20 feet from any common parking area and be 30 feet from the right-of-way. Minimum setback for all structures from any major thoroughfare or collector road, as defined elsewhere in this chapter, shall be 50 feet. The front yard setback for units with integrally designed garages shall be a minimum of 30 feet including a four-foot sidewalk and a three foot planting/street lighting placement strip area.

No parking space assigned to a townhouse unit can be more than 200 feet from the entrance to that unit. All off-street parking lots shall be visually screened with a five-foot high, 90% visually impervious landscape barrier.

Bulk standards for townhouses:

Minimum lot area	2,000 feet
Minimum lot frontage	20 feet per unit
Minimum lot width	20 feet per unit
Minimum front yard	30 feet for units with garages; 15 feet for units without garages
Minimum side yard	0 feet if adjoining another unit; 15 feet if outside wall
Minimum rear yard	60 feet

Off-street parking spaces shall meet the standards in § 500-509. For townhouses, which have an attached or an integrally designed garage, the front yard setback shall be sufficient to park one car in the driveway, as well as provide adequate pedestrian circulation space around and between the vehicle. The visual image from the access street of the front yard of the units shall not be akin to that of an off-street parking lot.

Units shall be attached in a manner that will provide maximum safety and privacy for adjoining units.

Not more than 10 dwelling units in any single townhouse structure shall be constructed in a manner as to form one linear plane. No more than 20 dwelling units shall be included in a structure having units constructed on more than one linear plane.

Attached apartment units on a single linear plane shall not exceed a length of 120 feet.

The front facades of at least 40% of the units which are attached in a structure shall be set back not less than 10 feet behind the facades of the remaining units in the structure.

All apartment structures shall be designed on the site plan to allow for fire access.

Where an outdoor living space is included for each or for any particular unit, it shall be provided with adequate visual screening from all other neighboring units, outdoor living spaces, parking areas and roadways. Screening may be accomplished with plant materials, masonry structures or wood fencing. Architectural elements, such as masonry walls and fences, shall be compatible in both styles and materials with the dwelling units.

Each apartment or ground floor unit shall have a private rear yard of 200 square feet minimum, which shall be enclosed by means of a minimum of a four-foot high wooden fence, hedge or a combination of both. Each unit above the ground floor shall have a balcony or terrace of at least 60 square feet.

One enclosed, roofed or trellised structure for solid waste and storage of maintenance equipment shall be provided for each group of 12 units. A plan for solid waste disposal should also be included.

A minimum of 500 cubic feet of storage shall be provided for each unit, including storage for garbage in the front of the unit and bicycles, garden equipment, barbecue equipment and so forth in the rear of the unit.

Front yards of units shall be enclosed with a three-foot high picket fence or hedge maintained at three feet.

A minimum of 300 cubic feet of storage shall be provided for each unit, including storage for garbage, bicycles, garden equipment, barbecue equipment and so forth in an appropriate location.

All public utilities shall be installed in accordance with the Township development regulations and the regulations of the utility providing the service; all developments shall be tied into approved and adequate public sanitary sewerage systems, water systems and water drainage systems.

All water systems shall be looped, and shall be of a size and type as approved by the Township Engineer and by the supplier of the water.

All sewerage systems shall be approved by the Bordentown Sewerage Authority.

Streets, roads, sidewalks and bikeways shall comply with the configuration and proposed alignments and design standards set forth in the Master Plan and this chapter.

Refuse and refuse collection areas shall be provided and shall be located for the occupant's convenience. All refuse and refuse collection areas shall be screened either with an enclosed masonry structure of at least six feet in height on three sides or with evergreens on at least three sides of the refuse and pickup area, planted and maintained at a height of at least six feet, with a maximum growth of at least eight feet in height.

Landscaping plan shall be prepared by a certified landscape architect and approved by the Planning Board.

Lighting plan shall comply with § 500-505.

Pedestrian sidewalks shall be provided in all locations, including entrances and exits, where normal pedestrian traffic will occur. Where appropriate, bikeways may be provided instead of sidewalks. Provision of bikeways along streets shall be determined by the Planning Board based on the requirements of the Master Plan.

Access to off-street parking areas shall not be through entrances directly abutting streets, but shall be connected to streets by means of access driveways, not less than 15 feet long, situated between the parking areas and adjacent streets.

Bike racks shall be provided where there are 24 or more units.

All development applications for townhouses and apartments shall include an environmental impact statement, a community impact statement, and a traffic impact statement.

AA.

The types of energy to be used to heat, cook, supply power and generally service the development shall be considered. The applicant shall identify measures to reduce energy demands by considering alternatives, such as active and passive solar systems and construction standards.

BB.

No outside area or equipment shall be provided for the hanging of laundry or the outside airing of laundry in any manner. Sufficient area and equipment shall be made available within each building for the laundering and artificial drying of the laundry of the occupants of each building.

CC.

Dwelling units shall have access to a master television antenna system and cable television system and individual townhouse units may not erect individual external radio, television or satellite dish antennae.

DD.

Each dwelling unit shall have the following minimum net habitable floor areas:

Apartments		Townhouses
Efficiency:	550 square feet
1-bedroom:	650 square feet	1-bedroom:	800 square feet
2-bedroom:	725 square feet	2-bedroom:	850 square feet
3-bedroom:	875 square feet	3-bedroom:	1,000 square feet

EE.

No townhouse dwelling unit shall be less than 16 feet wide.

FF.

Review and approval of documents.

All master deeds, covenants, restrictions, easements, homeowner's association documents, including bylaws, and any similar documents as well as any amendments to any of the documents shall be subject to review and approval by the Planning Board before they are filed, recorded or take effect.

No documents shall be approved that, in the determination of the Planning Board, conflict with the sound development and maintenance of the subject property or the Township, are contrary to public policy or the general welfare of the Township or are not written in easily understandable English.

GG.

Recreational/open space. All development pursuant to this section shall set aside 35% of the total land area of the tract in open space. The Township may accept such dedication of open space, but nothing contained herein shall require the municipality to accept such dedication. In the event that the open space is not publicly dedicated, the developer shall provide for an organization for the ownership and maintenance of the open space pursuant to N.J.S.A. 40:55D-43 et seq.

§ 500-604 Fee simple townhouse lots.

[Ord. No. 1996-7, § 7, 5-13-1996]

Lot and yard dimensions encompassing individual townhouse dwelling units may be freely disposed and arranged on a tract of land, provided they are superimposed upon an approved site plan for the subject development. In addition, the following provisions shall be met:

The boundaries of any lot shall not infringe upon any common open space land areas, nor shall the boundaries of any lot be closer than five feet from any driveway or parking lot area.

No lot line shall be located closer than 15 feet from any tract property line or any collector street, nor closer than 10 feet from any local street.

No construction permit shall be issued for any townhouse dwelling unit, at any time, unless the proposed construction is in accordance with the approved site plan, and this condition shall be recited in the deed of the subdivided townhouse lot.

Review and approval of documents.

§ 500-605 Floodplain areas.

[Amended 5-13-2024 by Ord. No. 2024-09]

The regulation of development in flood-prone areas shall adhere to the regulations found within Chapter 279 of the municipal code of the Township of Bordentown.

§ 500-606 Planned developments.

[Ord. No. 1996-7, § 8, 5-13-1996; Ord. No. 1998-09, §§ 10, 11, 6-9-1998; Ord. No. 1999-13, §§ X—XII, 8-10-1999; Ord. No. 2000-05, § II, 5-9-2000; Ord. No. 2001-12, 9-24-2001]

Types and locations.

[Amended 9-12-2011 by Ord. No. 2011-20; 4-23-2018 by Ord. No. 2018-13; 4-25-2022 by Ord. No. 2022-06]

Single-family clusters are permitted as an option within the R-40, R-30, R-20, and R-10 Districts on tracts of land of at least 10 acres in area only where public water and sewerage facilities are provided.

Single-family clusters.

Principal permitted uses on the land and in buildings:

Detached dwelling units.

Public purpose uses.

Public utility uses as conditional uses (see § 500-601 for standards).

Accessory uses permitted:

Private residential swimming pools in rear yard areas only (see § 500-517 for standards).

Private residential sheds for the storage of objects owned by the residents of the property, not exceeding 10 feet in height.

Recreational facilities customarily associated with detached single-family dwelling units.

Off-street parking and private garages (see § 500-509).

Fences and walls not exceeding six feet in height (see § 500-503).

Signs (see § 500-515).

Home office occupations (see Article II requirements).

Maximum building height. No principal building shall exceed 35 feet in height and two and one-half stories.

Maximum number of dwelling units permitted. The maximum number of dwelling units permitted within a single-family cluster is calculated for a full yield of the permitted gross density of noncritical lands in the applicable zoning district. It is the specific intent of this chapter that no structures be constructed on any critical lands within a single-family cluster, although up to 25% of any residential lot may be within the established critical land area.

Area and yard requirements for cluster developments in the R-40, R-40S, R-30, R-30R, R-20, and R-20 Districts:

[Amended 4-25-2022 by Ord. No. 2022-06]

Lot area:
	Minimum (R-40 and R-40S District)	12,000 square feet
	Minimum (R-30 and R-30R District)	12,000 square feet
	Minimum (R-20 District)	8,000 square feet
	Minimum (R-10 District)	8,000 square feet

		R-40 R-40S	R-30 R-30/R	R-20	R-10
Principal building minimum:
	Lot frontage	80	80	70	65
	Lot width	80	80	70	65
	Lot depth	100	100	100	100
	Side yard (one)	10	10	10	5
	Front yard (staggered)	30	30	25	25
Accessory building minimum:
	Distance to side line	10	10	5	5
	Distance to rear line	8	8	5	5
	Distance to other building	10	10	10	10
Minimum open space:
	R-40 and R-40S
	R-30 and R-30/R
	R-20
	R-10

NOTE: A minimum of 50% of all dwelling units shall have access to common space. See § 500-606E for additional standards, requirements and guidelines.

Minimum off-street parking. See § 500-509 for standards.

Signs.

Detached dwelling units: information and direction signs as defined in § 500-515F(6).

See § 500-515 for additional standards.

(Reserved)[1]

Editor's Note: Former § 25.606C, Planned unit development, was repealed 4-25-2022 by Ord. No. 2022-06.

(Reserved)[2]

Editor's Note: Former § 25.606D, Planned community developments, was repealed 4-25-2022 by Ord. No. 2022-06.

Open space requirements.

Land area equal to a minimum of 40% of the tract of land proposed for residential development shall be specifically set aside for conservation, open space, floodplain, recreation and/or other common open space. Land utilized for street rights-of-way shall not be included as part of the above 40% open space requirement. In the R-10 District the minimum percentage shall be fixed at 20%. In the R-20 District the minimum percentage shall be fixed at 30%. All other provisions of this section and § 500-519 shall be applicable to the percentage of land area set aside.

In its preparation of the set aside common open space and the purposes proposed for its use, the developer shall be guided by the recommendations contained within the Township Master Plan prepared by the Planning Board. High priority concerns include:

The location and construction of adequate recreational facilities throughout the Township for public use.

The conservation of stream rambles throughout the Township for passive recreational use.

The protection of environmentally fragile and important resource land areas, including aquatic buffer areas, five-hundred-year floodplains, wetlands, and treed acreage.

The common open space shall be distributed throughout the development so that as many residential lots as is practicable abut and have access to the common open space. The Township shall review the submitted common open space plan in the context of the particular development proposal, the particular characteristics of the subject land area, and the ability, desirability and practicality of relating the proposed open space to adjacent and nearby lands. In any case, the lands shall be improved as may be necessary to best suit the purpose(s) for which they are intended.

Should the proposed development consist of a number of stages, the Planning Board may require that acreage proportionate in size to the stage being considered for final approval be set aside simultaneously with the granting of final approval for that particular stage, even though these lands may be located in a different section of the overall development.

Common open space may be deeded to the Township or dedicated to an open space organization or trust, with incorporation, master deed and by-laws to be approved by the Planning Board. If common open space is not dedicated and accepted by the Township, the landowner shall provide for and establish an open space organization or trust for the ownership and maintenance of the common open space. That organization or trust shall not be dissolved, nor shall it dispose of any common open space by sale or otherwise.

If the applicant proposes that the common open space shall be dedicated to the Township, then the Planning Board shall forward that request with its recommendation to the Township Committee prior to the granting of preliminary plan approval of any development application containing common open space. No open space dedication to the Township shall be valid unless that dedication has been accepted by the Township Committee.

All lands not offered to and/or not accepted by the Township shall be owned and maintained by an open space organization or trust as provided in N.J.S.A. 40:55D-43 and stipulated herein.

The homeowners' association must be established before the homes are sold.

Membership in the homeowners' association must be mandatory for each homebuyer and any successive buyer.

The open space restrictions must be permanent, not just for a period of years.

The association must be responsible for liability insurance, local taxes, and the maintenance of recreational and other facilities.

Homeowners must pay their pro-rata share of the cost; the assessment levied by the association shall become a lien on the property if allowed in the master deed establishing the homeowners' association.

The association must be able to adjust the assessment to meet changed needs.

In the event that the organization created for common open space management shall fail to maintain any open space or recreation area in a reasonable order and condition in accordance with the approved site plan, the Township may serve notice upon that organization or upon the owners of the development, setting forth the manner in which the organization has failed to maintain the areas in reasonable conditions, and the notice shall include a demand that the deficiencies of maintenance be cured within 30 days thereof and shall set the date and place of a hearing thereon which shall be held within 15 days of the notice. At the hearing the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time not to exceed 65 days, within which time the deficiencies shall be cured.

If the deficiencies set forth in the original notice or in modifications thereof shall not be cured within the 30 days or any extension thereof, the Township, in order to preserve the common open space and maintain it for a period of one year, may enter upon and maintain that land. The entry and maintenance shall not vest in the public any rights to use the open space and recreation areas except when the open space and recreation area is voluntarily dedicated to the public by the owners.

Before the expiration of the year, the Township shall, upon its initiative or upon the request of the organization responsible for the maintenance of the areas, call a public hearing upon 15 days written notice to the organization and to the owners of the development to be held by the Township, at which hearing the organization and owners of the development shall show cause why the maintenance by the municipality shall not, at the election of the Township, continue for a succeeding year. If the Township shall determine that the organization is ready and able to maintain the open space and recreation areas in reasonable condition, the Township shall cease to maintain the open space and recreation areas at the end of the year. If the Township shall determine that the organization is not ready and able to maintain the open space and recreation areas in a reasonable condition, the Township may, in its discretion, continue to maintain the open space and recreation areas during the next succeeding year and, subject to a similar hearing, a determination in each year thereafter. The decision of the Township in any case shall constitute a final administrative decision subject to judicial review.

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

Any open space organization or trust initially created by the developer shall clearly describe in its by-laws the rights and obligations of the homeowners and tenants in the residential development and the articles of incorporation, master deed and bylaws of the organization, including any amendments thereto, shall be submitted for review and approval by the Planning Board prior to the granting of final approval by the Township.

Undeveloped open space. As a general principle, undeveloped open space should be left in its natural state. A developer may make certain improvements such as the cutting of trails for walking or jogging, or the provision of picnic areas, etc. In addition, the Planning Board may require a developer to make other improvements such as removal of dead or diseased trees; thinning of trees or other vegetation to encourage more desirable growth; and grading and seeding.

Review and approval of documents.

All master deeds, covenants, restrictions, easements, homeowners' association documents, including bylaws, and any similar documents as well as any amendments to any of the documents shall be subject to review and approval by the Planning Board before they are filed, recorded or take effect.

All planned developments consisting of more than 100 acres shall require general development plan approval as specified below; all developments of more than 100 acres in the REO and/or HC Zones, may apply for general development plan approval as specified below:

An applicant requesting general development plan approval shall first submit to the administrative officer, 12 copies of the materials stipulated in § 500-606F(5).

The application shall be declared to be complete or incomplete within 45 days from the date of submission.

An application for approval of a general development plan shall require a public hearing and notice pursuant to the provisions of N.J.S.A. 40:55d-10, 11 and 12.

The Planning Board shall, within 95 days or within such further time as may be consented to by the applicant, either grant approval of the general development plan as submitted or with changes and/or conditions, or deny approval.

General development plan details/durations.

The general development plan shall set forth the permitted number of dwelling units, the amount of nonresidential floor space, the residential density and the nonresidential floor area ratio for the planned development, in its entirety, according to a schedule which sets forth the timing of the various sections of the development. The planned development shall be development plan approved by the Planning Board notwithstanding any provision of P.L. 1975, c. 291 (C. 40:55D-1 et seq.), or an ordinance or regulation adopted pursuant thereto after the effective date of the approval.

The term of the effect of the general development plan approval shall be determined by the Planning Board using the guidelines set forth in Subsection F(4)(c), except that the term of the effect of the approval shall not exceed 20 years from the date upon which the developer receives final approval of the first section of the planned development pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).

In making its determination regarding the duration of the effect of approval of the development plan, the Planning Board shall consider: the number of dwelling units or amount of nonresidential floor area to be constructed, prevailing economic conditions, the timing schedule to be followed in completing the development and the likelihood of its fulfillment, the developer's capability of completing the proposed development, and the contents of the general development plan and any conditions which the Planning Board attaches to the approval thereof.

Information that is required to be submitted for general development plan approval.

A general land use plan at a scale not less than one feet equals 200 feet indicating the tract area and general locations of the land uses to be included in the planned development. The total number of dwelling units and amount of nonresidential floor area to be provided and proposed land are to be devoted to residential and nonresidential use shall be set forth. In addition, the proposed types of nonresidential uses to be included in the planned development shall be set forth and the land area to be occupied by each proposed use shall be estimated. The density and intensity of the use of the entire planned development shall be set forth, and a residential density and a nonresidential floor area ratio shall be provided;

Circulation plan showing the general location and types of transportation facilities, including facilities for pedestrian access within the planned development and any proposed improvements to the existing transportation system outside the planned development;

An open space plan showing the proposed land area and general location of parks and any other land areas to be set aside for conversation and recreational purposes and a general description of improvements proposed to be made thereon, including a plan for the operation and maintenance of parks and recreational lands;

A utility plan indicating the need for and showing the proposed location of sewage and water lines, any drainage facilities necessitated by the physical characteristics of the site, proposed methods for handling solid waste disposal and a plan for the operation and maintenance of proposed utilities;

A stormwater management plan setting forth the proposed method of controlling and managing stormwater on the site;

An environmental inventory including a general description of the vegetation, soils, topography, geology, surface hydrology, climate and cultural resources of the site existing man-made structures or features and the probable impact of the development on the environmental attributes of the site;

A community facility plan indicating the scope and type of supporting community facilities which may include, but not be limited to, educational or cultural facilities, historic sites, libraries, hospitals, firehouses and police stations;

A housing plan outlining the number of housing units to be provided and the extent to which any housing obligation assigned to the municipality pursuant to P.L. 1985, c. 222, will be fulfilled by the development;

A local service plan indicating those public services which the applicant proposes to provide and which may include, but not be limited to, water, sewer, cable and solid waste disposal;

(j)

A fiscal report describing the anticipated demand on municipal services to be generated by the planned development and any other financial impacts to be faced by municipality or school districts as a result of the completion of the planned development. The fiscal report shall also include a detailed projection or property tax revenues which will accrue to the county, municipality and school districts according to the timing schedule provided under Subsection F(5)(k), and following the completion of the planned development in its entirety;

(k)

A proposed timing schedule in the case of a planned development whose construction is contemplated over a period of years, including any terms or conditions which are intended to protect the interests of the public and of the residents who occupy any section of the planned development prior to the completion of the development in its entirety;

(l)

A municipal development agreement, which shall mean a written agreement between a municipality and a developer relating to the planned development; and

(m)

Other information. The Planning Board may require such additional information not specified in the subsection, or any revisions in the accompanying the documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency.

General development plan; timing schedule; modification.

In the event that the developer seeks to modify the proposed timing schedule, such modification shall require the approval of the Planning Board. The Planning Board shall, in deciding whether or not to grant approval of the modification, take into consideration prevailing economic and market conditions, anticipated and actual needs for residential units and nonresidential space within the municipality and the region, and the availability and capacity of public facilities to accommodate the proposed development.

Any variation in the location of land uses or increase in density or floor area ratio proposed in reaction to a negative decision of, or condition of development approval by the Department of Environmental protection pursuant shall be approved by the Planning Board if the developer can demonstrate to the satisfaction of the Planning Board, that the variation being proposed is a direct result of such determination by the Department of Environmental Protection, as the case may be.

General development plan (GDP) certification upon completion; failure to complete or comply, and, termination of approval. Upon the completion of each section of the development as set forth in the approval GDP, the developer shall notify the administrative officer by certified mail as evidence that the developer is fulfilling his obligations under the approved plan. For the purpose of this subsection "completion" of any section of the development shall mean that the developer has acquired a certificate of occupancy for every residential unit or every nonresidential structure, as set forth in the approved GDP. If the municipality does not receive such notification at the completion of any section of the development, the municipality shall notify the developer, by certified mail, in order to determine whether or not terms of the approved plan are being complied with. If a developer does not complete any section of the development within eight months of the date provided for in the approved plan, or if at any time the municipality has caused to believe that the developer is not fulfilling their obligations pursuant to the approved plan, the municipality shall notify the developer, by certified mail, and the developer shall have 10 days within which to give evidence that they are fulfilling their obligation pursuant to the approved plan. The municipality thereafter shall conduct a hearing to determine whether or not the developer is in violation of the approved plan. If, after such a hearing, the municipality finds good cause to terminate the approval, it shall provide written notice of same to the developer and the approval shall be terminated 30 days thereafter.

In the event that a developer who has general development plan approval does not apply for preliminary approval for the planned development which is subject of that general development plan approval within five years of the date upon which the general development plan has been approved by the Planning Board, the municipality shall have cause to terminate the approval.