SECTION 21-10 Zones

Editor's Note: Information about amendments to the Zoning Map is on file in the Township offices.

The zoning maps are on file in the office of the Township Clerk and are available for inspection; copies thereof are available for purchase to interested members of the public.[2]

Editor's Note: The Zoning Map is included in the online version of the Code of the Township of Bernards (eCode360®). Said Zoning Map is also on file in the Township offices.

Zone Boundaries.

In the most cases, zone boundary lines coincide with lot lines or with the center lines of streets, streams or rights-of-way. In those instances where some lines do not follow lot lines, or the center lines of streets, streams or rights-of-way, separate maps are on file with the Township Clerk indicating such zone lines. These maps are supplementary to the zoning maps and are hereby declared to be part of this chapter.

In case of uncertainty as to the location of any zone boundary line, the determination thereof shall be with the Zoning Board of Adjustment.

§ 21-10.3 Prohibited Uses.

[Ord. #585, § 403C; Ord. #2433, 11-26-2019, amended]

Where a use is not specifically permitted in any zone, it is prohibited. Smoke shops and vape shops are expressly prohibited as uses in all zones within the Township.

This general-use restriction shall apply to any and all classes of cannabis establishments, cannabis distributors, or cannabis delivery services for recreational purposes, including, but not limited to, cannabis cultivators, cannabis manufacturers, cannabis wholesalers, cannabis distributors, cannabis retailers, and cannabis delivery services. Such use shall be prohibited in all zones as stated herein. This prohibition does not apply to the delivery of cannabis items and related supplies by an outside delivery service.

[Ord. #2472, 5-25-2021, added]

§ 21-10.4 R-1, R-2, R-3, R-4, R-5, R-6, R-7 Residential Zones. [1]

[Ord. #585, § 403D.1; Ord. #740, § 59; Ord. #1056, § 2; Ord. #1057, § 2; Ord. #1068, § 1; Ord. #1103, § 8; Ord. # 1363, 7-27-1999, amended; Ord. #1371, 8-24-1999, amended; Ord. #1870, 5-9-2006, amended]

Uses.

Permitted Uses. These zones are designed primarily for residential use. The following uses are permitted:

Residential development in accordance with Paragraph b hereinbelow.

Public or private golf course and the clubhouse and buildings necessary and customary for the conducting of such use, provided that no building shall be located within 100 feet of a street line nor within 200 feet of any adjoining property line and further provided that the golf course shall have a minimum area of 150 acres.

(Reserved)[2]

Editor's Note: Former Subparagraph a1(c), regarding houses of worship, as amended, was repealed by Ord. #2242, 10-15-2013. See now § 21-10.4a3(g).

(Reserved)[3]

Editor's Note: Former Subparagraph a1(d), regarding public and private schools, as amended, was repealed by Ord. #2242, 10-15-2013. See now § 21-10.4a3(h).

Farming, agriculture and horticulture not including the raising or keeping of livestock or the operation of commercial greenhouses.

Public parks, roads and other public purpose uses.

Home offices (exempt) which meet the following requirements:

No client activity on site;

No nonresident employees;

No signs;

The activity must not require additional parking;

The activity must not generate additional vehicular trips over a single-family home;

The activity must not require deliveries of materials other than by conventional means (e.g. U.S. mail, express shipping companies, UPS, Federal Express);

The activity must not generate any noise, vibration, odor, glare, fumes or electrical interference detectable outside the structure;

The activity must not be readily discernible from the exterior of the residence; and

The activity must not occupy more than 20% of the floor area of the structure (including basement).

Family day-care homes, in accordance with the requirements for single-family dwellings.

[Ord. #1429, 5-29-2001, amended]

Accessory Uses:

Accessory uses customarily incidental to the permitted use.

Private swimming pool of not more than 1,000 square feet in area for the use alone of the occupant, his family and personal guests without any charge or fee or membership requirements and provided that no aboveground lighting is provided for use after dark. See Section 21-18 for applicable regulations.

(Reserved)[4]

Editor's Note: Former Paragraph a2(c), regarding private tennis or paddle tennis courts, was repealed by Ord. #1429, 5-29-2001.

Private recreational or game area, on the premises occupied by the owner thereof, located in the rear yard only and not less than 30 feet from any adjoining property line, for the use alone of the owner, his family and personal guests without any charge or fee or membership requirements and provided that no lighting is provided for use after dark.

Conditional Uses:

Raising or keeping of livestock in accordance with Section 21-12.

Home offices in accordance with Section 21-12.

Public utilities in accordance with Section 21-12.

Apartment within a single-family residence in accordance with Section 21-12.

In the R-2 Zone only, continuing care retirement community (CCRC) in accordance with Section 21-12.

In the R-6 Zone only, an assisted living facility in accordance with Section 21-12.

Houses of worship and/or houses of worship with clergyman's residence on the same premises in accordance with Section 21-12.

[Ord. #2242, 10-15-2013, added]

Public and private schools in accordance with Section 21-12.

[Ord. #2242, 10-15-2013, added]

Requirements.[5] The density, lot area and type of residential development permitted in the R-1 through R-7 Zones shall be in accordance with Table 401. Minor and major residential subdivisions in the R-1 through R-7 Zones shall also comply with the maximum permitted lot yield and minimum improvable lot area procedures and standards for residential development identified in Table 401-A. Any new dwelling shall comply with the minimum improvable lot area requirements set forth in Table 401-A.

[5]

Editor's Note: The tables referred to herein can be found at the end of this chapter.

§ 21-10.4.1 SH-1, SH-2, SH-3, and SH-4 Senior Housing Zones.

Editor's Note: For "Regulations Applicable to the R-5 Zoning District to Provide Low and Moderate Income Housing," see Article XI of this chapter.

[Ord. No. 1420, 11-9-2000; Ord. No. 2573, 4-15-2025]

Provisions applicable within the SH-1, SH-2, SH-3, and SH-4 Senior Housing Zones.

The purpose of the SH-1, SH-2, SH-3, and SH-4 Senior Housing Zones is to provide affordable housing opportunities to the senior residents of New Jersey. All land within the four Senior Housing Zones is intended to be developed with 100% affordable age-restricted housing. It is also the intent that the development across all four zones be owned and managed under a common non-profit management entity in association with the standards and regulations of the U.S. Department of Housing and Urban Development and/or other federal and state affordable housing funding agencies

All other applicable provisions of Chapter 21 of the Land Use Ordinance not in conflict with the provisions stated herein shall apply to any development within the SH-1, SH-2, SH-3, and SH-4 Zones. Where there is conflict, this subsection shall govern any development within the SH-1, SH-2, SH-3, and SH-4 Zones.

At no time shall the total number of approved and existing dwelling units for all uses in the SH-1, SH-2, SH-3, and SH-4 Zones exceed 337 dwelling units in the aggregate.

At no time shall the total floor area of approved and existing buildings for all uses in the SH-1, SH-2, SH-3, and SH-4 Zones exceed 259,666 square feet in the aggregate.

Each lot in the SH-1, SH-2, or SH-3 Zone may contain more than one principal building. Not more than one principal building shall be located in the SH-4 Zone.

No development shall be approved unless it provides for water to be supplied to the development by a public utility company.

No development shall be approved unless it provides for the treatment of wastewater from the treatment plant of the Township of Bernards Sewerage Authority.

No building shall exceed 35 feet in height in the SH-1, SH-2, SH-3, and SH-4 Zones. Mechanical equipment or other utility hardware placed on the roof of any building shall be screened from public view.

The minimum distance between any two buildings shall be 25 feet.

Lighting shall be provided in accordance with Chapter 21 of the Land Use Ordinance.

Landscaping and buffering shall be in accordance with Chapter 21 of the Land Use Ordinance. A landscaped buffer not less than 25 feet in width shall be planted around the perimeter of the developed areas of any site in the SH-1, SH-2, SH-3, and SH-4 Zones where such perimeter abuts lands residentially zoned. When in the opinion of the Board natural vegetation on the site can reasonably form such buffer, the Board may designate on the site plan that such existing vegetation is to remain, and such existing vegetation shall be adequately protected during on-site construction. In the SH-4 Zone, to the extent feasible and permitted by relevant standards of the New Jersey Department of Environmental Protection, existing vegetation within the wetlands transition area along the property line abutting the R-7 Zone shall be supplemented with predominantly evergreen plantings.

12.

Sufficient off-street parking shall be provided to meet the needs of the residents, employees and guests of each use in accordance with the following standards:

Minimum number of parking spaces:

Assisted living facilities (ALF): 0.5 space per assisted living unit.

Independent living units: 1.0 space per dwelling unit (applicable to new construction only).

Congregate residences: 0.75 space per dwelling unit.

Adult day-care center: the applicant shall present documentation and testimony as to the anticipated parking demand in order for the Board to determine an appropriate parking requirement.

Minimum parking setback from any building wall: 10 feet in the SH-1, SH-2, and SH-3 Zones, and 8 feet in the SH-4 Zone.

Minimum parking setback from any building canopy, awning, or unenclosed porch: 5 feet.

Minimum parking setback from any lot in the R-4 or R-7 Zone: 25 feet.

Minimum parking setback from any public street right-of-way: 20 feet.

Minimum parking setback from any property line except as identified in subparagraphs (d) and (e) above: 5 feet.

While parking should be situated within close proximity to the residents, employees, and guests it is serving, parking areas may serve buildings in an adjacent Senior Housing Zone.

Pervious pavement is encouraged where feasible and deemed appropriate by the Board.

13.

Signage shall be in accordance with the following:

Each senior zone shall be permitted one freestanding sign no larger than 24 square feet in area identifying the name of the development.

The permitted freestanding sign shall not exceed six feet in height and shall be set back at least 25 feet from all property and right-of-way lines.

The freestanding sign shall be skirted with brick or similar material to enclose the supporting poles(s) of the sign. The skirting shall extend the full dimensions of the sign at its lower edge from ground level to the base of the sign. The area of the skirting shall not be included in the calculation of the sign area.

The skirting and the freestanding sign shall be liberally landscaped with a combination of shrubs and ground cover, augmented with flowers and other plant material.

The freestanding sign may be lighted, provided the lighting is exterior to the sign and is located at the bottom of the sign focused upward onto the sign.

Nonilluminated directional, wayfinding, and building identification signs are permitted in the Senior Housing Zones, provided that each such sign shall not exceed 4 square feet in area.

14.

In addition to all other applicable provisions of Chapter 21 of the Land Use Ordinance not in conflict with the provisions stated herein, the following provisions shall apply to an assisted living facility (ALF):

Only one ALF shall be permitted within the aggregate SH-2 and SH-3 Zones.

ALF's are intended to promote aging in place in a homelike setting for frail elderly and disabled persons, including persons who require formal long-term care. ALF's assure that residents receive supportive health and social services as they are needed to enable them to maintain their independence, individuality, privacy and dignity in an apartment-style living unit. The assisted living environment promotes resident self direction and personal decision-making while protecting residents' health and safety. ALF's are for senior citizens who are able to live independently in apartment-style units but require some assistance with the activities of daily living. An ALF offers a suitable living arrangement for persons with a range of capabilities, disabilities, frailties and strengths, and also provides in certain instances licensed assisted living program services.

Except where higher standards are set forth herein, the developer of an ALF shall comply with N.J.A.C. 8:36-1 to 8:36-16 and N.J.A.C. 8:36-18 as amended from time to time. An application for development shall include a certificate of need in accordance with N.J.A.C. 8:36-2.1 and a copy of the certificate of need approval letter.

At a minimum, an ALF must provide the following basic services:

Assistance with eating, bathing and dressing.

Assistance with arranging transportation.

Assistance with personal and household chores.

Housekeeping and linen service.

Dining facilities, food preparation and availability of three meals a day in a congregate setting.

Organized social and indoor and outdoor recreational activities.

Medication reminders and supervision.

Monitoring of nutrition and health.

Protective supervision.

(10)

Twenty-four-hour response to emergency medical service needs of the residents.

(11)

Service coordination and management.

(12)

Entertainment.

(13)

Physical therapy.

The application for development shall include a statement setting forth in full detail all particulars of the building use.

A comprehensive traffic study shall be submitted with the application for development. This study will include a matrix with estimated projections for vehicle movements in and out of the facility in each hour of each day in a typical seven-day week. The projections for each hour will be built up from separate estimates for ingress and egress, and for different categories of use. The latter will include, but not be limited to, employees, residents, deliveries and service providers, and visitors. Added together the separate categories will equal all traffic in and out. The study will also include background traffic in each direction on the public road servicing the facility in the same twenty-four-hour, seven-day format. The factual and analytical basis for all estimates will be explained.

No ALF shall be operated in the Township unless duly licensed and approved by the New Jersey Department of Health and Human Services.

There must be an adequate driveway for unobstructed ambulance access to an exit in the building. The driveway shall permit ambulances to enter and leave the premises without danger of being blocked by other traffic or parked vehicles and with sufficient room for turning, loading and unloading ambulances.

A safe and convenient system of driveways, walkways, access areas and parking facilities must be provided for the employees, doctors, management, visitors, ambulances, delivery vehicles and fire, police and other emergency vehicles.

The design of an ALF shall be functional and shall adequately provide for the health, welfare and safety of the residents, employees, visitors and general public.

Residents in the ALF shall be restricted to persons 62 years of age or older, except for the following persons:

A spouse under 62 years of age married to and living with an occupant who is over that age;

Persons over 21 years of age who are related to, privately employed as live-in private aides, or on the basis of friendship desire to live with an occupant who is 62 years of age or older; or

A person under 62 years of age who is admitted to the special needs unit of the ALF with Alzheimer's disease or a similar affliction or handicap.

An ALF shall be limited to a maximum of 52 assisted living units.

An ALF shall be required to provide units affordable to low- and moderate-income persons as defined by the State of New Jersey Council on Affordable Housing (COAH) guidelines or regulations at a rate of at least 20% of the number of units to be developed at the site. The low- and moderate-income units shall consist of private pay residents or Medicaid waiver residents or both. A private pay resident must comply with the following criteria as established by COAH:

A resident must qualify as moderate income (between 50% and 80% of median income) or low income (below 50% of median income).

At least half of the affordable units must be affordable to a low-income household or all of the affordable units may be affordable to a household at 60% of median income.

Rents must be affordable so as not to exceed 30% of gross monthly income and an allowance for utilities.

A deed restriction must be placed on the unit assuring that the unit will remain affordable to low- and moderate-income persons for a period of not less than 30 years.

The apartments must be affirmatively marketed to the COAH housing region.

Up to 80% of gross household income may be used for rent, food and services based on bedroom type. No more than 30% of the area median income may be charged for rent.

The combination of payments for rent and services may not exceed 80% of the household income by bedroom number.

Credit for affordable units will be based upon units, not bedrooms.

A resident in an affordable unit will be provided a separate entrance to the bathroom that does not involve ingress and egress through another resident's living area.

(10)

If required by COAH, units reserved for Medicaid waiver residents must have a thirty-year deed restriction placed on the unit.

(11)

Any low- and moderate-affordable income rental housing units provided by an ALF shall be in accordance with Township requirements and COAH guidelines and regulations as may be amended from time to time, including N.J.A.C. 5:93-5.14 and 5:93-5.15.

15.

Congregate residences and independent living units, singularly or in combination, are permitted in the SH-1, SH-2 and SH-3 Zones. Independent living units are permitted in the SH-4 Zone. In addition to all other applicable provisions of Chapter 21 of the Land Use Ordinance not in conflict with the provisions stated herein, the following provisions shall apply:

The application for development shall include a statement generally describing the health care and meal services for residents who will require congregate care.

Residents in the congregate residences and independent living units shall be restricted to persons 62 years of age or older, except for the following persons:

A spouse under 62 years of age married to and living with an occupant who is over that age; or

Persons over 21 years of age who are related to, privately employed as live-in aides, or on the basis of friendship desire to live with an occupant who is 62 years of age or older.

A maximum of two congregate or independent living units may be utilized for staff persons that live at the site.

All independent living and congregate dwelling units on any lot within the SH-1, SH-2, SH-3, or SH-4 Zone shall be affordable to low- and moderate-income persons as: (1) defined by relevant state guidelines and regulations, N.J.A.C. 5:93-5.14 or 5:93-5.15 or as amended; or (2) defined by Section 202 of the Federal Housing Act of 1959, as amended or the regulations thereunder. No market rate independent or congregate units shall be permitted unless the applicant demonstrates to the Bernards Township Committee the lack of feasibility of (1) and (2) above which cannot be obtained after an exhaustive, diligent pursuit of all funding and grant sources available.

16.

Lot area and floor area ratio requirements shall be calculated after deduction of any lot areas required for dedication of any street right-of-way.

17.

Notwithstanding § 21-9.3 of this chapter, when two or more lots within the SH-1, SH-2, SH-3, or SH-4 Zone(s) are combined into a single parcel of land for the purpose of a site plan submission which is approved by the Board, it is not required that the lots be combined as one lot.

Provisions applicable within the SH-1 Senior Housing Zone.

Permitted Principal Uses. The following uses are permitted only if provided by a nonprofit organization:

Independent living units.

Congregate residences.

Prohibited Uses. Any use that is not permitted as a principal or accessory use is prohibited. Uses expressly prohibited include adult day-care centers, Alzheimer's clinic, outpatient geriatric assessment services, continuing care retirement communities and long-term care facilities.

Permitted Accessory Uses. Accessory uses customarily incidental to the above permitted principal uses, including but not limited to indoor and outdoor amenity space and the provision of supportive services for persons residing in the SH-1, SH-2, SH-3, or SH-4 Zone, including visiting nurses, dining services, home delivered meals, personal care, housekeeping, medication monitoring and health-related services.

Area and setback requirements shall be as follows:

Minimum lot area: 6.28 acres.

Minimum lot frontage: 100 feet.

Minimum lot width: 200 feet.

Maximum floor area ratio of all uses: 12.6%.

Maximum floor area of all uses: 34,500 square feet.

Maximum lot coverage of all uses: 30%.

Minimum building setback from all property lines: 40 feet.

The total density of independent living units and congregate residences shall not exceed eight dwelling units per acre.

Architectural design of buildings in the SH-1 Senior Housing Zone shall be traditional in nature in context with surrounding neighborhoods.

Provisions applicable within the SH-2 Senior Housing Zone.

Permitted Principal Uses. The following uses are permitted only if provided by a nonprofit organization:

One ALF with assisted living units.

Independent living units.

Congregate residences.

One adult day-care center whose normal hours of operation are between 7:00 a.m. and 7:00 p.m. if not provided for in the SH-3 Zone.

Prohibited Uses. Any use that is not permitted as a principal or accessory use is prohibited. Uses expressly prohibited include continuing care retirement communities, long-term care facilities and outpatient geriatric assessment services.

The following aggregate standards apply to the construction of an ALF, congregate residences, independent living units and an adult day care center, singularly or in combination on a lot:

Minimum lot area: 8.7 acres.

Maximum total density: 15 dwelling units per acre.

Maximum floor area ratio limit in the zone: 25%, not calculated by the lot.

Maximum total floor area of all buildings: 97,771 square feet.

Maximum floor area of any one building: one building exceeding 20,000 square feet but less than 45,000 square feet is permitted, provided that no other building within the SH-2 or SH-3 Zone exceeds 20,000 square feet.

Maximum lot coverage: 50%.

Minimum building setback from any contiguous lot not located in the SH-3 Zone: 40 feet.

Minimum building setback from the curbline of any public or private street: 25 feet.

Provisions applicable within the SH-3 Senior Housing Zone.

Permitted Principal Uses. The following uses are permitted only if provided by a nonprofit organization:

One ALF with assisted living units.

Independent living units.

Congregate residences.

One adult day-care center whose normal hours of operation are between 7:00 a.m. and 7:00 p.m. if not provided for in the SH-2 Zone.

Permitted Accessory Uses. Accessory uses customarily incidental to the above permitted principal uses, including but not limited to indoor and outdoor amenity space, a clubhouse/community center, and the provision of supportive services for persons residing in the SH-1, SH-2, SH-3, or SH-4 Zone, including visiting nurses, dining services, home delivered meals, personal care, housekeeping, medication monitoring and health-related services.

The following aggregate standards apply to the construction of an ALF, congregate residences, independent living units and an adult day care center, singularly or in combination on a lot:

Minimum lot area: 10.9 acres.

Maximum total density: 20 dwelling units per acre.

Maximum floor area ratio limit in the zone: 30%, not calculated by the lot.

Maximum total floor area of all buildings: 143,617 square feet.

Maximum floor area of any one building: one building exceeding 20,000 square feet but less than 45,000 square feet, provided that no other building within the SH-2 Zone and SH-3 Zone exceeds 20,000 square feet.

Maximum lot coverage: 50%.

Minimum building setback from any contiguous lot not located in the SH-2 Zone: 40 feet.

Minimum building setback from the curbline of any public or private street: 25 feet.

Provisions applicable within the SH-4 Senior Housing Zone. The following provisions shall apply within the SH-4 Senior Housing Zone, which encompasses approximately two acres of land designated as lot 40 in block 1611 on the current Bernards Township Tax Map, more commonly known as 95 Manchester Drive.

Permitted Principal Uses. The following uses are permitted only if provided by a nonprofit organization:

Independent living units in a single multifamily building.

Permitted Accessory Uses. Accessory uses customarily incidental to the above permitted principal uses, including but not limited to indoor and outdoor amenity space and the provision of supportive services for persons residing in the SH-1, SH-2, SH-3, or SH-4 Zone, including visiting nurses, dining services, home-delivered meals, personal care, housekeeping, medication monitoring and health-related services.

Bulk Standards. The property line facing Manchester Drive, i.e., the easterly property line, shall be considered the front lot line, and the property line abutting the R-7 Zone shall be considered the rear lot line. The remaining two property lines shall be considered side lot lines.

Minimum lot area: one acre.

Maximum lot coverage: 50%.

Maximum building height: 2 1/2 stories and 35 feet.

Maximum number of dwelling units: 29.

Maximum total density: 15 dwelling units per acre.

Maximum floor area ratio of all uses: 32%.

Maximum floor area of all uses: 28,000 square feet.

Setback standards for the principal building:

Minimum front yard: 50 feet.

Minimum rear yard: 50 feet.

Minimum side yard adjoining the R-4 Zone: 100 feet.

Minimum side yard adjoining other Senior Housing Zones: 25 feet.

Setback standards for accessory structures:

Accessory structures shall not be located in the front yard, except when specifically approved by the Board.

Minimum rear setback: 50 feet.

Minimum side setback from the R-4 Zone: 50 feet.

Minimum side setback from other Senior Housing Zones: five feet.

Other Standards Applicable in the SH-4 Zone.

Primary driveway access shall be provided only through the SH-2 Zone. Emergency access may be provided from East Oak Street.

There shall be no setback requirement for primary access and emergency access driveways.

Outdoor amenity space shall be passive in nature. Outdoor pickleball courts and similar active recreation areas are not permitted.

A sidewalk connection shall be provided from the principal building to the SH-2 Zone.

The site plan, including the building and parking layout, shall be organized substantially in accordance with Figure AA of this chapter,[1] provided that the layout shown on Figure AA is meant as a guideline and may be modified by the developer to reflect market conditions, site constraints, applicable development regulations and other relevant factors. The final layout shall be approved by the Board.

Editor's Note: Figure AA is included as an attachment to this chapter.

Affordability Controls.

Pursuant to approval from the U.S. Department of Housing and Urban Development and/or other federal and state affordable housing funding agencies, affordability controls on units created in the SH-4 Zone shall be for an initial control period of not less than 40 years, in accordance with the New Jersey Uniform Housing Affordability Controls at N.J.A.C. 5:80-26.1 et seq. (UHAC), beginning at the date of issuance of the certificate of occupancy. Extension of such controls shall be permitted at the end of the initial control period for a length of time established and agreed to by the owner/manager, the Township, and the U.S. Department of Housing and Urban Development and/or other federal and state affordable housing funding agencies, and in association with applicable regulations.

Termination of affordability controls may only be permitted pursuant to approval and authorization from the U.S. Department of Housing and Urban Development and/or other federal and state affordable housing funding agencies, and the Township.

UHAC compliance is required under this ordinance for the SH-4 Senior Housing Zone.

Prior to an applicant submitting an application for development for site plan review by the Planning Board or Zoning Board of Adjustment, there must:

Be a determination by the Township Committee that the proposed application and site has been included and adopted into the Township's Housing Element and Fair Share Plan (HEFSP), that no challenges to the HEFSP have been filed by August 31, 2025, pursuant to the Administrative Directive #14-24, and that there have been issued either a compliance certification under L. 2024, c. 2, the Fair Housing Act[2] or the entry of a final judgment of compliance and repose;

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

That an agreement between the applicant and Township Committee be entered by resolution providing for the extension of 247 units of affordable housing for a minimum period of 30 years at no consideration payable by the Township in light of the adoption of this subsection; and

§ 21-10.4.2 MH-1 Multifamily Housing Zone.

That the application for development will consist of 29 senior affordable housing units.

[Ord. #2405, 9-11-2018, added]

Uses.

Permitted Uses.

Multifamily dwelling units, including townhouse units.

Farming, agriculture and horticulture uses, excluding the raising or keeping of livestock or the operation of commercial greenhouses.

Accessory Uses.

Accessory uses customarily incidental to the above permitted uses.

Prohibited uses.

Any use not designated as a permitted principal use or accessory use is prohibited.

Requirements for multifamily dwelling units, including townhouse units.

Applicability of other regulations. Except as otherwise specified in this subsection (21-10.4.2), all development within the MH-1 Zone shall be subject to all other provisions of this chapter. Where a provision set forth in this subsection conflicts with a provision set forth elsewhere in this chapter, this subsection shall supersede.

Minimum tract area: 70 acres.

Location of Units. The tract shall have frontage on Mountain View Boulevard. Frontage on a public street is not required. Vehicular access to the development, other than emergency access, shall be limited to Mountain View Boulevard.

Maximum number and specification of multifamily dwelling units: 280 dwelling units, which shall include not less than 60 townhouse units, including townhouse units provided in buildings containing as few as two units (there is a 280-dwelling-unit cap on the number of dwelling units in the MH-1 Zone and a two-unit building qualifies as two townhouse units, notwithstanding any ordinance definition for dwelling units), provided that no less than 62 of the units are to be rental units available to the general public set aside as affordable to low- and moderate-income households (the "affordable units"). The development shall include not less than 28 low-income units, of which at least 10 shall be very low-income units; and shall include a maximum of 34 moderate-income units; provided, however, that the average rent across all affordable units is affordable to households earning no more than 52% regional median income. The affordable units shall be integrated with market-rate units in one or more buildings. The affordable units shall be provided in accordance with the schedule set forth in N.J.A.C. 5:93-5.6(d) and in accordance with all other applicable New Jersey regulations and statutes governing the construction, delivery, marketing, tenant qualification, tenant placement, administration and maintenance of affordable units for inclusionary development.

Term of Affordable Units. In accordance with N.J.A.C. 5:80-26.1 et seq., and in accordance with the voluntary agreement of the owner of the Mountainview property which, in part, induced the Township to rezone that property to an inclusionary low- and moderate-income housing site, the period within which the affordable units shall be restricted to low- and moderate-income households shall be an initial thirty-year term beginning on the date of issuance of a certificate of occupancy for each set-aside unit (the "initial thirty-year term"), followed by a second thirty-year term (the "second thirty-year term") which, however, the Township shall have the option of canceling. In the event that the Township does not provide written notice of cancellation of the second thirty-year term prior to the conclusion of the initial thirty-year term, the second thirty-year term shall begin running automatically at the conclusion of the initial thirty-year term. The Township shall be entitled to credits for the affordable units under the initial thirty-year term for the third round of Mount Laurel compliance. The Township shall be entitled to credits for the affordable units under the second thirty-year term for the round of Mount Laurel compliance in which the units expire as may be allowed by then-applicable law, but those credits shall be subject to forfeiture in the event that the Township cancels the second thirty-year term. After the end of the second thirty-year term, the Township will retain any rights it has under N.J.A.C. 5:80-26.1 et seq. to continue to maintain affordability controls on the Mountainview site.

Minimum number of townhouse units: 60.

Maximum height of buildings, as measured from finished grade based on the grading plan approved by the Board, shall be as follows.

Multifamily buildings, excluding townhouse units: four stories and 48 feet. If parking is provided within the building, the height may be increased to five stories. If a building is located at least 150 feet from any residential zone boundary, the height may be increased to 60 feet.

Townhouse buildings: 2 1/2 stories and 40 feet. If all units within a building contain a walk-out or daylight rear basement or cellar wall with a minimum four-foot exposure above finished grade, the height of that building may be increased to 48 feet, provided that the total number of buildings exceeding 40 feet in height shall not exceed 50% of the total number of townhouse buildings.

Maximum lot coverage: 20%.

Multifamily buildings (excluding accessory structures and buildings), excluding townhouse buildings, shall comply with the following:

Minimum building setback from any tract property line: 50 feet.

Minimum building setback from any residential zone boundary: 150 feet.

Minimum building setback from the curbline or edge of pavement of any internal street, parking space or other vehicular area except at entrances to under-building parking: 10 feet.

Minimum distance between buildings: 50 feet.

Townhouse buildings shall comply with the following:

Minimum building setback from any tract property line: 50 feet.

Minimum building setback from any residential zone boundary: 100 feet.

Minimum building setback from the curbline or edge of pavement of any internal street, parking space or other vehicular area: 25 feet.

Minimum distance between buildings:

Front building wall to any other building wall: 60 feet.

Rear building wall to rear building wall: 50 feet.

Rear building wall to end building wall: 35 feet.

Rear deck or patio to rear deck or patio: 25 feet.

End building wall to end building wall: 30 feet.

Maximum number of dwelling units per building: five.

Parking setbacks shall be as follows.

Minimum parking setback from any tract property line: 25 feet.

Minimum parking setback from any residential zone boundary: 100 feet.

12.

Parking spaces may be provided as surface parking or within a building, and shall comply with the New Jersey Residential Site Improvement Standards (RSIS; N.J.A.C. 5:21).

13.

Buffers designed and constructed in accordance with Section 21-28 shall be required where a lot in the MH-1 Zone abuts a residentially zoned lot or lots.

14.

The site plan, including the building and parking layout and the location of preserved wooded areas, shall be organized substantially in accordance with Figure Y of this chapter,[1] provided that the building and parking layout shown on Figure Y is meant as a guideline and may be modified by the developer to reflect market conditions, site constraints, applicable development regulations and other relevant factors. The final layout shall be approved by the Board. The site plan application submitted to the Board shall include cross sections through the site graphically portraying the proposed building heights and sight lines as viewed from the adjoining residential zones.

§ 21-10.4.3 MX-1 Westgate Village Mixed Use Zone.

Editor's Note: Figure Y is included as an attachment to this chapter.

15.

All uses shall be serviced by public water and public sanitary sewer systems.

16.

Subdivision. The subdivision of land within the MH-1 Zone for the purpose of financing, property management, conveyance or creation of fee simple lots for townhouse units or for the separation of the apartment units from the townhouse units shall be permitted by the Board, notwithstanding that after subdivision the individual lots and improvements thereon may not comply with all requirements of this chapter, provided that the pre-subdivision lot remains in compliance with the site plan approved by the Board. Any subdivision shall be subject to the Board conditioning final subdivision approval upon submission by the applicant and approval by the Township Attorney, of a declaration of covenants and restrictions or other suitable instrument setting forth the mechanisms by which and providing adequate assurances dealing with items, including but not limited to access, security, outside cleaning and other routine external maintenance, external repainting, maintenance of the common open space, garbage collection, snow removal and other appropriate items that are to be provided for the development.

17.

Neighborhood Recreation Amenities. The site plan shall include adequate neighborhood recreation amenities to serve each age group residing in the multifamily dwelling units, excluding townhouse units. On-site recreation amenities shall be subject to approval by the Board and shall provide formal and informal recreation activities that may include, but not be limited to, some of the following: outdoor swimming areas, outdoor seating areas, tot lots, playgrounds, play fields, and similar indoor or outdoor active or passive recreation areas. Recreation amenities may also include paths for bike riding, hiking or walking.

[Ord. No. 2575, 4-15-2025]

Purpose; Where Permitted. The purpose of the Westgate Village Mixed Use Zone is to provide for a mix of commercial uses and inclusionary family rental units through the redevelopment of property located at 477 Martinsville Road and presently occupied by Westgate Corporate Center, specifically Lot 7, Block 11301.

Applicability of Other Regulations. Except as otherwise specified in this subsection (§ 21-10.4.3), all development within the Westgate Village Mixed Use Zone shall be subject to all other provisions of this chapter. Where a provision set forth elsewhere in this chapter conflicts with a provision set forth in this subsection, this subsection shall supersede.

Mixed Use Development. Multiple principal buildings, principal uses, accessory structures and accessory uses shall be permitted. Single buildings may contain multiple uses.

Permitted Principal Uses.

Multifamily-family rental dwelling units.

A hotel or extended stay hotel, which may include conference facilities, event space and corporate suites with full kitchens and living accommodations.

Retail sales and services.

Restaurants.

Administrative, business, executive and professional offices.

Banks and other financial institutions.

Child care centers.

Permitted Accessory Uses.

Accessory uses customarily incidental to the above permitted principal uses.

Prohibited Uses.

Any use not designated as a permitted principal use or accessory use is prohibited.

Maximum Number of Multifamily Family Rental Dwelling Units. A maximum of 574 total family rental units are permitted. A minimum of 115 family rental units shall be set aside and affordable to low- and moderate-income households.

Maximum number of hotel or extended-stay-hotel guest rooms: 150.

Maximum floor area for nonresidential uses (excludes multifamily dwelling units and related multifamily amenities and accessory uses): 216,687 square feet, which shall be contained in the hotel or extended-stay hotel building and may include 20,000 square feet of retail and other permitted non-hotel nonresidential uses on the first floor.

Maximum impervious coverage: 80%.

Area, Yard and Building Requirements.

Minimum tract area: 30 acres.

Minimum tract frontage: 700 feet.

Minimum tract width: 700 feet.

Principal Buildings.

Minimum building setback from the Martinsville Road right-of-way: 150 feet.

Minimum building setback from a residential zone, not including a multifamily housing zone: 65 feet.

Minimum building setback from any other property line: 20 feet.

Minimum building setback from the curbline or edge of pavement of any internal street, parking space or other vehicular area excluding entrances to under-building parking: 10 feet.

Minimum distance between principal buildings: 50 feet.

Building projections such as canopies, awnings, balconies and similar unenclosed features and architectural elements designed to provide visual interest may extend into the above required setbacks/distances by not more than 10 feet.

Maximum Height.

New multifamily buildings: four stories, including any parking level, and 60 feet, as measured from finished grade based on the grading plan approved by the Board. If the building is located at least 175 feet from the Martinsville Road right-of-way, the maximum height shall be four stories, including any parking level, and 70 feet.

A multifamily building created by repurposing the existing office building: five stories, including any parking level, and 70 feet, as measured from finished grade based on the grading plan approved by the Board.

Hotel or extended stay hotel building: four stories, including any parking level, and 60 feet, as measured from finished grade based on the grading plan approved by the Board. If the building is located at least 160 feet from the Martinsville Road right-of-way and from any residential zone, the maximum height shall be five stories, including any parking level, and 70 feet.

Accessory Structures.

Accessory structures shall not be located in a front yard.

Accessory structures shall not be located within 20 feet of any property line.

Maximum height of accessory structures: 20 feet.

Parking and Loading.

Parking spaces may be constructed as surface parking or within a building or structure, and shall be provided in accordance with the New Jersey Residential Site Improvement Standards (RSIS; N.J.A.C. 5:21) and this chapter.

Minimum parking setback from the Martinsville Road right-of-way: 75 feet.

Minimum parking setback from a residential zone, not including a multifamily housing zone: 65 feet.

Minimum parking setback from any other property line: 20 feet.

Loading spaces shall be provided in accordance with this chapter, except shared loading spaces shall be permitted. Where multiple uses occupy a single building, the minimum required number of loading spaces shall be based on the total floor area of the building, regardless of the number of uses in the building. For a hotel or extended-stay hotel building, a minimum of one shared loading space shall be provided to serve all hotel, retail and other uses in the building.

Buffers.

Buffers designed and constructed in accordance with § 21-28 shall be required where the tract in the Westgate Village Mixed Use Zone abuts a residentially zoned lot or lots, not including a lot in a multifamily housing zone.

In addition to the exceptions set forth in Subsection 21-28.2.b, accessory uses and accessory structures not exceeding 500 square feet in footprint or 20 feet in height shall be permitted in buffers when specifically approved by the Board.

Mechanical equipment and other utility hardware placed on the roof of any buildings shall be properly screened from public view.

All uses shall be serviced by public water and public sanitary sewer systems.

Signs.

Multifamily Uses. For each neighborhood in the development, one main identification sign not exceeding 30 square feet in area and six feet in height shall be permitted. The sign(s) shall be located not less than 20 feet from all tract property lines.

Nonresidential Uses. Freestanding and wall-mounted signs shall be permitted as set forth in this chapter for the E-3 Zone.

In addition to the above, the Board may approve directional, wayfinding and building identification sign(s) which are not intended to be visible from off site, provided each such sign shall not exceed 24 square feet in area.

Neighborhood Recreation Amenities. The site plan shall include adequate neighborhood recreation amenities to serve each age group residing in the multifamily dwelling units. On-site recreation amenities shall be subject to approval by the Board and shall provide formal and informal recreation activities that may include, but not be limited to, some of the following: outdoor swimming areas, outdoor seating areas, tot lots, playgrounds, play fields, and similar indoor or outdoor active or passive recreation areas. Recreation amenities may also include paths for bike riding, hiking or walking.

Site Plan. The site plan, including the building and parking layout and the location of preserved wooded areas, shall be organized substantially in accordance with Figure Z[1] of this chapter, provided that the building and parking layout shown on Figure Z is meant as a guideline and may be modified by the developer to reflect market conditions, site constraints, applicable development regulations and other relevant factors. The final layout shall be approved by the Board.

Editor's Note: Figure Z is included as an attachment to this chapter.

An applicant may file a development application with the Planning Board or Zoning Board of Adjustment on or after September 1, 2025, provided there are no unresolved challenges at that time: (1) to the Township's calculation of its prospective need obligation for the Fourth Round 2025 to 2035, including any challenges by Fair Share Housing Center and the New Jersey Builder's Association ("Fair Share Challenge"); and (2) and that the Township Committee has determined that the proposed application and site plan has been included in the Township's adopted Housing Element and Fair Share Plan by August 31, 2025 ("HEFSP Challenge") in accordance with the Administrative Directive of the Courts #14-24. If either a HEFSP Challenge or Fair Share Challenge is filed, the applicant may only file a development application upon the resolution of both the HEFSP Challenge and the Fair Share Challenge.

Multi-Family Dwelling Unit Affordable Housing Requirements.

The affordable housing development shall conform to Chapter 21, Article XIII, Affordable Housing for very low-, low- and moderate-income units and the provisions of N.J.A.C. 5:80-26.1 et seq. (UHAC).

One hundred fifteen multi-family units shall be affordable to low- and moderate-income households and must be included in the initial site plan submitted by the applicant, must be constructed at the same time as any other permitted uses, and must obtain certificates of occupancy prior to or at the same time as any other permitted uses.

The affordable units shall be provided in accordance with UHAC and in accordance with all other applicable New Jersey regulations and statutes governing the construction, delivery, marketing, tenant qualification, tenant placement, administration, and maintenance of affordable units for inclusionary development.

Term of Affordable Units. In accordance with N.J.A.C. 5:80-26.1 et seq., and in accordance with the voluntary agreement of the owner of the Westgate Drive property which, in part, induced the Township to re-zone that property to an inclusionary low- and moderate-income housing site, with other uses permitted, the period within which the affordable units shall be restricted to low- and moderate-income households shall be an initial forty-year term beginning on the date of issuance of a certificate of occupancy for each set-aside unit (the "initial forty-year term"), followed by a second twenty-year term (the "second twenty-year term") which, however, the Township shall have the option of canceling. In the event that the Township does not provide written notice of cancellation of the second twenty-year term prior to the conclusion of the initial forty-year term, the second twenty-year term shall begin running automatically at the conclusion of the initial forty-year term. The Township shall be entitled to credits for the affordable units as may be allowed by then-applicable law. The Township will retain any rights it has under UHAC to continue to maintain affordability controls on the Westgate Drive site.

Income Distribution Requirements. The affordable dwelling units shall be split between very low-, low-, and moderate-income units as those terms are defined in N.J.S.A. 52:27D-304 and UHAC.

Bedroom Mix. The affordable dwelling units shall have a bedroom mix as set forth in UHAC.

Other Affordable Housing Unit Requirements.

The developer will comply with all applicable requirements of UHAC and the Township's Affordable Housing Ordinance,[2] including, but not limited to: (1) affirmative marketing requirements; and (2) tenant qualification, screening and placement requirements, including annual income qualification of tenants, which shall be reported on an annual basis to the Township's Administrative Agent and affordable housing liaison.

Editor's Note: See Art. XIII of this chapter.

The developer may, in its sole discretion, choose to serve as the Administrative Agent for the affordable units. If the developer does not elect to serve as the Administrative Agent for the affordable units, the developer shall contract with either: (1) a qualified and experienced third-party Administrative Agent; or (2) the Township's Administrative Agent, for administration of the affordable units. The developer shall pay all costs for administration of the affordable units, including annual reporting to the Township and providing information and documentation that may be needed by the Township for affordable housing annual reporting obligations. The developer shall pay the cost for all administrative and recording of deed restrictions associated with the affordable housing units.

Whether the developer acts as the Administrative Agent or contracts with the Township's Administrative Agent or another qualified Administrative Agent, the Developer shall agree to provide, within 30 days after written notice, detailed information reasonably requested by the Township or the Township's Administrative Agent concerning the developer's compliance with the UHAC, the Township's Affordable Housing Ordinance, the Township's Amended Affordable Housing Plan, and any applicable court orders (including the Township's JOR Order for the third round and subsequent rounds of affordable housing obligations), and all applicable laws and regulations.

In all respects, the developer shall comply with the requirements of the NJ Fair Housing Act, UHAC, Bernards Township's Affordable Housing Ordinance and all other applicable law pertaining to occupancy and administration of the affordable housing units.

The affordable housing units shall be interspersed among the market-rate multi-family units on all floors of Buildings A, B, and D, as identified on Figure Z of this chapter, such that the affordable housing units are indistinguishable from the market-rate housing units within each of these buildings, and in all cases the affordable housing units shall be in accordance with UHAC.

§ 21-10.5 E-1, E-2, E-3, E-4 and E-5 - Office Zones.

The developer shall provide floor plans identifying the location of all affordable units with respect to bedroom type and affordability classification (i.e., very low-, low- and moderate-income units), and shall include the square footage of each affordable unit provided.

Subdivision of Lots. The subdivision of land within the Westgate Village Mixed Use Zone for the purpose of financing, property management, conveyance or creation of fee simple lots shall be permitted by the Board, notwithstanding that after subdivision, the individual lots and improvements thereon may not comply with all requirements of this chapter, provided that the pre-subdivision lot remains in compliance with the site plan approved by the Board. Any subdivision shall be subject to the Board conditioning final subdivision approval upon submission by the applicant and approval by the Township Attorney, of a declaration of covenants and restrictions or other suitable instrument setting forth the mechanisms by which and providing adequate assurances dealing with items, including but not limited to access, security, outside cleaning and other routine external maintenance, external repainting, maintenance of the common open space, garbage collection, snow removal and other appropriate items that are to be provided for the development.

[Ord. No. 585; Ord. No. 641; Ord. No. 1068; Ord. No. 1103; Ord. No. 1144; Ord. No. 1407, 5-9-2000; Ord. No. 1793, 7-12-2005; Ord. No. 2242, 10-15-2013; Ord. No. 2541, 12-28-2023; Ord. No. 2567, 12-23-2024; Ord. No. 2575, 4-15-2025]

Uses.

Permitted Uses. These zones are designed for office and laboratory uses. The following uses are permitted:

Administrative, business, or executive office buildings.

Professional office buildings.

Scientific or research laboratories.

Data processing centers.

Hospitals and medical clinics.

Farming, agriculture and horticulture not including the raising or keeping of livestock.

Public parks, roads and other public purpose uses.

Child-care centers.

The following additional uses are permitted in specific zones:

Banks and other financial institutions in the E-2, E-3, E-4 and E-5 Zones only.

Radio or television studios in the E-2 Zone only.

(Reserved)

(Reserved)

(Reserved)

Country inns and country inns with restaurants/taverns in the E-2 Zone only.

Accessory Uses. Accessory uses customarily incidental to the above permitted uses.

Conditional Uses:

Public utilities in accordance with Section 21-12.

Conference inn, as defined in Section 21-3, in the E-1 and E-2 Zones only and in accordance with Section 21-12.

Retail sales and services, retail outlet stores, specialty food stores, health clubs and restaurants in the E-2 Zone only and in accordance with Section 21-12.3n.

Retail sales and services, retail outlet stores, specialty food stores and restaurants in the E-3 Zone only and in accordance with Section 21-12.3.o.

Houses of worship and/or houses of worship with clergyman's residence on the same premises in accordance with Section 21-12.

Public and private schools in accordance with Section 21-12.

Requirements.[1] The requirements listed in Table 402 must be complied with in the E-1 through E-5 Zones.

§ 21-10.6 B-1 Village Business and B-2 Neighborhood Business Zones.

Editor's Note: Table 402 is included as an attachment to this chapter.

[Ord. #585, § 403D.3; Ord. No. #1056, § 3; Ord. #1068, § 3; Ord. #1103, § 10]

Uses.

Permitted Uses. These zones are designed for retail sales and services. The following uses are permitted:

Retail sales and services, liquor stores.

Professional offices.

One dwelling unit within a building which also contains a business use.

Public parks, roads and other public purpose uses.

Restaurants.

(Reserved)[1]

Editor's Note: Former Subparagraph a1(f), Family day-care homes, was repealed by Ord. #1429, 5-29-2001.

Child-care centers.

The following additional uses are permitted in specific zones:

In the B-1 Zone only, any residential use which is permitted in the R-7 Zone and which is constructed in accordance with the requirements for the R-7 Zone.

Neighborhood shopping centers in the B-2 Zone only.

(Reserved)[2]

Editor's Note: Former Subparagraph a1(j), regarding houses of worship, as amended, was repealed by Ord. #2242, 10-15-2013. See now § 21-10.6a3(d).

(Reserved)[3]

Editor's Note: Former Subparagraph a1(k), regarding public and private schools, as amended, was repealed by Ord. #2242, 10-15-2013. See now § 21-10.6a3(e).

In the B-1 Zone only, family day-care homes, in accordance with the requirements for the R-7 Zone.

[Ord. #1429, 5-29-2001, added]

Accessory Uses. Accessory uses customarily incidental to the above permitted uses.

Conditional Uses:

Automotive service stations in accordance with Section 21-12.

(Reserved)[4]

Editor's Note: Former Subparagraph a3(b), Restaurants in accordance with Section 21-12, was repealed by Ord. #1429, 5-29-2001.

Public utilities in accordance with Section 21-12.

Houses of worship and/or houses of worship with clergyman's residence on the same premises in accordance with Section 21-12.

[Ord. #2242, 10-15-2013, added]

Public and private schools in accordance with Section 21-12.

[Ord. #2242, 10-15-2013, added]

Requirements.[5] The requirements listed in Table 402 must be complied with in the B-1 and B-2 Zones.

[5]

Editor's Note: The table referred to herein is included as an attachment to this chapter.

§ 21-10.7 B-3 Historic Business Zone.

[Ord. #585, § 403D.4; Ord. #760, § 8; Ord. #1103, § 11]

Uses.

Permitted Uses:

Retail sales and services.

Professional offices.

Roads and other public purpose uses.

Any residential use which is permitted in the R-7 Zone and which is constructed in accordance with the requirements for the R-7 Zone.

One dwelling unit within a building which also contains a business use.

Restaurants.

Family day-care homes, in accordance with the requirements for the R-7 Zone.

[Ord. #1429, 5-29-2001, amended]

Child-care centers.

Accessory Uses: Accessory uses customarily incidental to the above permitted uses.

Conditional Uses. (Reserved)[1]

Editor's Note: The former conditional use, Restaurants in accordance with Section 21-12, was repealed by Ord. #1429, 5-29-2001.

Requirements.[2] The requirements listed in Table 402 must be complied with in the B-3 Zone. In addition, no building or structure shall exceed 1,800 square feet in gross floor area; no parking or access to parking for any nonresidential use shall be located in the front yard of a lot fronting on Lewis Street, South Maple Avenue and South Finley Avenue, unless approved by the Planning Board as part of an overall plan for the development of the B-3 Zone, and additions to existing buildings or structures shall be confined to rear yard areas only, provided that none of the setback requirements for the Zone are violated.

§ 21-10.8 B-4 Liberty Corner Business Zone.

Editor's Note: The table referred to herein can be found at the end of this chapter.

Existing buildings or structures shall not be moved or destroyed unless the owner can demonstrate that they cannot be used for their intended purpose or practically restored or the Planning Board approves the removal to assist in meeting development objectives of the historic zone.

[Ord. #760, § 61; Ord. #1056, § 4; Ord. #1068, § 4; Ord. #1103, § 12; Ord. #1222, § 4]

Uses.

Permitted uses:

Retail sales and services, liquor stores.

Professional offices.

One dwelling unit within a building which also contains a business use.

Public parks, roads and other public purpose uses.

Any residential use which is permitted in the R-7 Zone and which is constructed in accordance with the requirements for the R-7 Zone.

(Reserved)[1]

Editor's Note: Former Subparagraph a1(f), regarding houses of worship, as amended, was repealed by Ord. #2242, 10-15-2013. See now § 21-10.8a3(d).

(Reserved)[2]

Editor's Note: Former Subparagraph a1(g), regarding public and private schools, as amended, was repealed by Ord. #2242, 10-15-2013. See now § 21-10.8a3(e).

Restaurants, except that delivery restaurants shall not be permitted in the B-4 Zone.

Family day-care homes, in accordance with the requirements for the R-7 Zone.

[Ord. #1429, 5-29-2001, amended]

Child-care centers.

Accessory uses. Accessory uses customarily incidental to the above permitted uses.

Conditional uses:

Automotive service stations in accordance with Section 21-12.

Reserved.

Public utilities in accordance with Section 21-12.

Houses of worship and/or houses of worship with clergyman's residence on the same premises in accordance with Section 21-12.

[Ord. #2242, 10-15-2013, added]

Public and private schools in accordance with Section 21-12.

[Ord. #2242, 10-15-2013, added]

Requirements.[3] The following additional requirements shall apply to all uses in the B-4 Zone:

Standards in Table 402 for the B-4 Zone.

No parking in the front yard for any nonresidential use unless approved by the Planning Board as part of an overall parking plan for the B-4 Zone.

The construction of additional floor area shall be confined to the rear yard of the existing building or structure, provided that none of the setback requirements for the zone are violated.

Existing buildings or structures shall not be removed or destroyed unless the owner can demonstrate that they cannot be used for the intended purpose or practically restored or the Planning Board approves the removal to assist in meeting the goals and objectives of the Liberty Corner Business Zone.

Editor's Note: The table referred to herein is included as an attachment to this chapter.

§ 21-10.8.1 B-5 Village Center Zone.

[Ord. #1323, § 2, 12-15-1998, adopted; Ord. #1652, 7-15-2003, amended; Ord. #1669, 9-23-2003, amended]

Purpose. The purpose and intent of the zone is to provide for a village center to serve the retail needs set forth in the Master Plan through an attractive retail setting with a sense of community for both the residents and employees of the Township and the surrounding communities. To achieve this goal, the detailed requirements herein shall be adhered to for development of a village center project in the zone.

Uses.

Permitted principal uses:

A retail commercial development and public development with common parking and service areas (a "village center"). The development may contain retail sales of goods and services, restaurants, a bank, a liquor store, a health club, a theater not to exceed a maximum of 450 seats and a detached child-care center not in excess of 12,000 square feet.

[Ord. #2384, 5-15-2018, amended]

Public parks, roads, recreation, open space and other public purpose uses.

Professional and administrative offices.

Permitted accessory uses:

Accessory uses customarily incidental to the above permitted uses located on the same lot and within the same district permitting the principal use.

Public and private parking.

Signs pursuant to Section 21-17 of this chapter, except as otherwise expressly designated herein.

Permitted accessory structures:

Gazebo.

Clock tower.

Restroom and storage building associated with the soccer field to be dedicated to the Township.

Prohibited uses. Any use not designated as a permitted principal use or accessory use in the zone is prohibited, including but not limited to:

[1]Adult entertainment uses, defined as establishments consisting of, including or having the characteristics of any or all of the following:

Adult bookstore. An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, publications, tapes or films that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital area.

Adult cabaret.

[a]

An establishment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas;

[b]

A cabaret that features topless dancers, go-go dancers, strippers, male or female impersonators or similar entertainers for observation by patrons.

Adult mini motion-picture theater. An enclosed building with a capacity for less than fifty persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.

Adult motion-picture theater. An enclosed building with a capacity for fifty or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.

Editor’s Note: Former Paragraph (a), which immediately preceded this paragraph and prohibited detached restaurant pad sites, was repealed 5-15-2018 by Ord. #2384. Said Ord. #2384 also redesignated former Paragraphs (b) and (c) as Paragraphs (a) and (b), respectively.

Amusement arcades. A primarily indoor or outdoor area or open structure, open to the public, that contains coin-operated games, rides, shows and similar entertainment facilities and devices.

Area, yard and building requirements for the zone are as follows:

Minimum tract area. A village center in the zone must be a development having one or more parcels of land with a total initial land area of at least 21 acres forming a land block for use by the development. For the purpose of calculating parcel acreage or any bulk requirements, the area of existing or proposed public and private streets and/or rights-of-way on the parcel shall be included.

Total nonresidential floor area of a village center development shall not exceed the following:

[Ord. #2384, 5-15-2018, amended]

Maximum project size (including bank, excluding child-care center): 95,000 square feet.

Maximum first floor (excluding bank, professional offices and child-care center): 69,000 square feet

Maximum individual building size (footprint): 24,000 square feet.

Maximum single use: 24,000 square feet.*

Maximum retail use (69,000 square feet first floor/11,000 square feet second floor): 80,000 square feet.

	* NOTE:
	The tenant of the largest single use building shall be limited to retail sales of food and other related products with limited on-site consumption.

Minimum building and parking setbacks for nonresidential uses.

[Ord. #2384, 5-15-2018, amended]

Front.

Front yard for buildings: 150 feet from the right-of-way of any county road.

Front setbacks for buildings: 20 feet from the curbline of any internal street or parking area.

Front yard for parking: 100 feet from the right-of-way of any county road.

Side yard for buildings:

From exterior street: 75 feet.

From property line: 75 feet.

From another building: 10 feet.

From curbline of any internal street or drive: 10 feet.

Rear.

Rear yard for buildings: 75 feet to property line.

Rear setback for buildings: 20 feet from the curbline of any internal street or parking area.

Rear setback for parking: 10 feet to property line.

Maximum building height: 2 1/2 stories not to exceed 40 feet. Clock towers and flagpoles shall not exceed 50 feet.

A child-care center in a village center development shall be subject to the following area and setback requirements:

Minimum lot area: 1.0 acre.

Front yard: 25 feet.

Side yard: 25 feet.

Rear yard: 100 feet.

Site Plan for Nonresidential Development. The developer of a village center shall comply with all applicable site plan provisions of the Revised Land Use Ordinances of Bernards Township. The following provisions shall also apply to a village center in the B-5 Village Center Zone:

[Ord. #1715, 4-13-2004, amended; Ord. #1809, 9-13-2005, amended; Ord. #2384, 5-15-2018, amended]

The site plan shall be organized to include the vehicular circulation, parking, service access, pedestrian circulation and building locations substantially in accordance with the "Dewy Meadow Retail Study" plan entitled "Final Report" dated May 1, 1998, prepared by Nadaskay Kopelson Architects, and included as Figure A of this chapter.[2] The developer shall provide suitable access for pedestrian and bicycle traffic between the village center project and Crown Court Drive and Spring Valley Boulevard. A decision by the Board regarding access for vehicular traffic through Crown Court Drive shall be considered only after receipt and review of a professional traffic study and demonstration for the need of access. The justification for northbound and southbound vehicular traffic through Crown Court Drive shall be considered separately, with the objective of reducing any unnecessary traffic through Crown Court Drive.

Editor's Note: Figure A is included as an attachment to this chapter.

Site plan details shall also include the following:

Sidewalks shall be located so as to provide access to each of the proposed structures, to the village green and gazebo and to King George Road. The sidewalks shall range from four feet to eight feet in width and be designed substantially in accordance with the sidewalk detail provided as Figure B of this chapter. [3] The final location of the sidewalks shall be as approved by the Board based on the final building architecture.

Editor's Note: Figure B is included as an attachment to this chapter.

Benches and trash receptacles. Benches and trash receptacles shall be provided as shown on the site plan and are considered the minimum amount required.

Benches shall be Kingsley-Bate Hyde Park type as shown on Figure C of this chapter,[4] five-foot teak benches or approved equal.

Editor's Note: Figure C is included as an attachment to this chapter.

Trash receptacles shall be Victor Stanley Type H-24-IPE type with an in-ground post or approved equal as shown on Figure D of this chapter.[5]

[5]

Editor's Note: Figure D is included as an attachment to this chapter.

All paver and concrete colors shall be approved by the Board.

Street trees located in the sidewalk areas shall have tree grates of a style and color approved by the Board.

Lighting. All street and parking lot lighting shall be Savannah Lantern ContraCline type light fixtures as shown in Figure E of this chapter or approved equal and mounted on a ten-foot Washington type post or approved equal and located as shown in Figure F of this chapter.[6] Exterior lighting around the buildings shall be in conformance with the architectural concept approved by the Board for the project.

[6]

Editor's Note: Figures E and F are included as attachments to this chapter.

Landscaping and buffering. A landscape plan shall be submitted and prepared by a certified landscape architect and shall include at a minimum the following elements:

A solid visual barrier shall be provided along any property boundary adjacent to residential neighborhood buildings. The buffer shall consist of evergreens a minimum of 10 feet in height and shall be full plants and planted a maximum of 10 feet on center in a staggered double row or as otherwise approved by the Board.

Street trees shall be a minimum of three inches caliper and of a genus and specie as approved by the Board.

The landscape plan shall include an entrance treatment at each driveway and at all proposed signage.

The landscape plan shall include a tree preservation plan accurately locating all existing trees greater than six inches in caliper and within 250 feet of King George Road.

The landscape plan shall provide detailed landscaping at each of the proposed structures, street trees along drives and around the Village Green.

The landscape plan shall conform with all engineering and drainage requirements as required by the Township Revised Land Use Ordinance and soil erosion and sediment control regulations.

Architecture.

Architecture for a village center shall be in accordance with the elevations provided at Figures G to K of this chapter.[7] The elevations are meant as a guideline with final architecture to be approved by the Board.

[7]

Editor's Note: Figures G to K are included as attachments to this chapter.

Structures shall exhibit residential detailing, including porches, columns, cupolas and dormers and constructed of material such as clapBoard siding, brick, stone and dimensional style shingle roofs on all facades. Exterior materials shall be selected for suitability to the types of buildings and the design in which they are to be used.

The architectural style shall be eclectic in nature yet shall exhibit a compatibility through the use of a similar material and detailing.

A gazebo and clock tower shall be incorporated in accordance with the detail provided as Figure L of this chapter.[8] These structures shall include interior lighting for evening use.

[8]

Editor's Note: Figure L is included as an attachment to this chapter.

The footprints as shown on the site plan are meant as a guideline with the final footprints to be approved by the Board.

Other requirements.

Site amenities. The developer of a village center must provide outdoor seating areas in addition to the proposed benches and gazebo and should be encouraged to provide outdoor spaces in association with the various retail uses, including but not limited to outdoor eating.

Recreational facilities. At a minimum, the developer of a village center project must subdivide and dedicate in fee simple an area to the Township for a soccer field graded and seeded in accordance with accepted recreational standards and in the size and location as shown on Figure A of this chapter.[9] In addition, a restroom/storage building is to be designed and constructed by the developer as shown in Figure A. Any other required recreational facilities will be incorporated into the developer's agreement required by this chapter.

[9]

Editor's Note: Figure A is included as an attachment to this chapter.

Signage. The applicant for a village center shall comply with Section 21-17 and provide a complete signage program which shall provide a coordinated signage theme for all tenants for Board approval, including the main entrance sign, directory signs, directional signs and building signs, which shall be of a uniform design and color scheme and compatible with the project architecture. The Board may grant relief from standards governing size and location of signs only upon satisfactory proof that overall design and aesthetics of the village center will be improved because of the requested relief.

Mechanical equipment and other utility hardware placed on the roof of any buildings shall be properly screened from public view and must be within the forty-foot maximum building height requirement.

Any ground level utility cabinets shall be fenced and/or landscaped.

All uses shall be serviced by public water and public sanitary sewer systems.

Comprehensive design standards.

A comprehensive design for a village center must be approved as a single development by the Board. Phasing of approval and construction of the village center is prohibited.

The design of the village center must be based upon a common architectural and landscaping theme.

The design of a trail system for greenways purposes shall be incorporated.

Parking standards. The number of parking spaces shall be as determined in Section 21-22 and constructed as per Figure A of this section.[10] Notwithstanding the number of parking spaces determined in Section 21-22, there shall be no less than 600 parking spaces required for the village center project.

[10]

Editor's Note: Figure A is included as an attachment to this chapter.

Subdivision of lots. The subdivision of lots may be permitted by the Board, provided that there is conformance to an approved site plan. The intent of this provision is to prevent individual buildings, except the child-care center, from existing on or as separate lots. However, each individual lot shall be subject to, and may only be improved in accordance with, the final site plan approval for a village center in accordance with this chapter. Final subdivision approval may be granted only as part of or subsequent to final site plan approval for the village center. The Board shall condition final subdivision approval upon submission by the applicant and approval by the Board Attorney, of a declaration of covenants and restrictions or other suitable instrument setting forth the mechanisms by which and providing adequate assurances dealing with items, including but not limited to access, security, outside cleaning and other routine external maintenance, external repainting, maintenance of the common open space, garbage collection, snow removal and other appropriate items that are to be provided for the village center development.

Name. The village center shall be named "Dewy Meadow Village."

Macadam sidewalk. Subject to the developer's ability to obtain county and state approvals or permits, the Board shall require that the developer construct a macadam sidewalk from the entrance of the village center project on King George Road extending in a southerly direction to the Township border. The developer must also construct and complete a sidewalk extending from Spring Valley Boulevard in a southerly direction along Crown Court Drive to the access to the Village Center Project from Crown Court Drive.

(n)

Dedication of Crown Court Drive. If Crown Court Drive has not been dedicated to the Township as a public road, the developer must compensate the Township for all costs involved in acquisition of Crown Court Drive from the owner thereof and other property required to provide access to the village center project from Crown Court Drive, including all costs pursuant to eminent domain proceedings.

(o)

Conservation dedication. In recognition that construction of the village center project is dependent upon the required conveyance to the Township by Crown Court Associates, as set forth in subdivision Map 2592 filed on May 3, 1988, with the Somerset County Clerk, of the conservation deed for Lot 5.17 in Block 182 consisting of approximately 54.169 acres (the "adjoining lot"), the Board shall not grant final site plan approval for a village center project until the Township Attorney has approved a deed of conveyance of the adjoining lot to the Township by Crown Court Associates, its successors and/or assigns.

Developer's agreement. The developer and the Township shall enter into an agreement prior to or at final site plan approval including the provisions of N.J.S.A. 40:55D-39a, and setting forth the implementation requirements for a village center project. The substance of the developer's agreement shall be consistent with the laws of the State of New Jersey, the Township of Bernards Revised Land Use Ordinances and the conditions and standards applicable to village center projects. The developer's agreement shall be in a form satisfactory to the Township Attorney and Township Committee and shall include but may not be limited to provisions relating to the following:

The disposition and acquisition of any lands required to be set aside for public, semipublic, open space, greenways purposes and outdoor recreation uses.

The phasing, financing and extent of any required municipal off-tract traffic and sidewalk improvements.

Public approvals and municipal and developer actions required to implement any public infrastructure improvements, such as public sewers, stormwater control and sidewalks.

The developer's obligation to maintain the project and comply with site plan approval conditions dealing with signage, building exteriors, common areas, lighting, landscaping, drainage, security, security cameras, buffer areas and open spaces, trash removal and internal roadways.

Any agreements relating to an environmentally sensitive area in a village center development.

Consideration of whether the impact of the proposed development will result in budgetary increases to the Township in order to provide any additional services and facilities that will be necessary to service the proposed development. If the impact of the proposed development will result in such budgetary increases, then the Township may request a contribution from the developer so as to limit such budgetary increases and provide the additional services and facilities.

Multifamily Housing Overlay Zone within the B-5 Zone.

[Ord. #2384, 5-15-2018, added]

Purpose. The purpose and intent of the multifamily housing overlay zone is to further the purposes of the B-5 Village Center Zone to provide for the housing needs set forth in the Township Master Plan.

Where Permitted. Multifamily housing shall be permitted as an overlay use in the B-5 Zone, which is comprised of an approximately twenty-three-acre tract (Block 8501, Lots 39, 43 and 44) presently occupied by the village center development known as "Dewy Meadow Village." Except as otherwise specified herein, the multifamily housing overlay zone provisions set forth below shall apply only to new multifamily development and shall not apply to the existing village center.

[Ord. # 2427, 9-24-2019, amended]

Applicability of Other Regulations. Except as otherwise specified below, a multifamily housing development in the B-5 Zone shall be subject to all other requirements of this chapter, including all requirements of the B-5 Zone. Where a provision set forth elsewhere in this chapter conflicts with a multifamily housing overlay zone provision set forth below, the multifamily housing overlay zone provision shall supersede.

Permitted Principal Uses.

Multifamily dwelling units, including townhouse units.

A child-care center.

Permitted Accessory Uses.

Accessory uses customarily incidental to the above permitted uses located on the same lot and within the same district permitting the principal use.

Prohibited Uses. Any use not designated as a permitted principal use or accessory use is prohibited.

Area, yard and building requirements for a village center containing multifamily housing are as follows:

Minimum Tract Area. Notwithstanding that the minimum initial tract area for a village center in the B-5 Zone is 21 acres, the minimum tract area for a village center containing multifamily housing is 20 acres. The tract may be comprised of one or more parcels of land in the B-5 Zone.

[Ord. # 2427, 9-24-2019, amended]

Minimum Lot Area. The minimum lot area for an individual lot containing multifamily housing shall be six acres.

Maximum number of multifamily dwelling units: 198, provided that 15% of the units are set aside and affordable to low- and moderate-income households for 30 years. The thirty-year term shall begin from the date of issuance of a certificate of occupancy for each set-aside unit. Affordable units shall be provided in accordance with the schedule set forth in N.J.A.C. 5:93-5.6(d), as required in U.H.A.C. (N.J.A.C. 5:80-26.1 et seq.) and in accordance with all other applicable New Jersey regulations and statutes governing the delivery of affordable units for inclusionary development. Thirty of the 198 proposed dwelling units shall be affordable to low- and moderate-income households for at least 30 years, which shall be established at the time the market-rate units are provided. The affordability controls, including duration, commencement, and termination, shall be governed by the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq., as may be amended or otherwise provided by subsequent law and/or regulation, provided that in lieu of 10% of the affordable units being affordable to households at 35% of median income, 13% of the affordable units shall be affordable households at 30% of median income.

[Ord. #2416, 4-23-2019, amended]

Maximum Nonresidential Floor Area. The total square footage of nonresidential floor area within a village center containing multifamily housing shall not exceed the amount of floor area existing as of the date of adoption of the Multifamily Housing Overlay Zone provisions. The following shall also apply:

Any existing nonresidential floor area which is removed or demolished shall not be reconstructed on the tract except in its existing location, however, a maximum of 12,000 square feet of removed or demolished floor area may be reconstructed in a different location.

The provision requiring that the tenant of the largest single use building be limited to retail sales of food, as set forth elsewhere in this subsection, shall not apply.

Maximum Height.

Multifamily building, excluding townhouse units: four stories and 55 feet. Height shall be calculated as set forth in this chapter, however the rear wall of the structure shall be excluded when calculating the average ground level.

Townhouse units: three stories and 48 feet.

Building Configuration. Multifamily units, including townhouses, nonresidential uses, and multistory parking permitted within the multifamily housing overlay zone may be provided in a single building or separate buildings.

Minimum setback for a multifamily building from the right-of-way of King George Road: 550 feet.

Minimum setback for a multifamily building from a tract boundary: 20 feet.

Minimum setback for a multifamily building from the curbline of any internal street or parking area: 10 feet.

Minimum distance between any two buildings on the tract: 50 feet.

A child-care center may be located within a multifamily building or within a single-tenant or multitenant nonresidential building. A nonresidential building containing a child-care center shall be subject to the minimum building setbacks for nonresidential uses as set forth elsewhere in this subsection. The area and setback requirements for a detached child-care center as set forth elsewhere in this subsection shall not apply.

Minimum setback for parking from a tract boundary: 10 feet. The minimum parking setback from the King George Road right-of-way is 100 feet.

Maximum impervious coverage on the tract: 70%.

[Ord. # 2427, 9-24-2019, amended]

Minimum Number of Parking Spaces for a Village Center Containing Multifamily Housing. The minimum number of parking spaces for nonresidential uses shall be one space for every 200 square feet of gross floor area. Parking for a multifamily use shall comply with the New Jersey Residential Site Improvement Standards (RSIS; N.J.A.C. 5:21). All required parking spaces shall be located on the same lot as the use requiring the parking; however, parking spaces for a multifamily use may be located on a different lot within the tract, provided that the parking spaces are located within 100 feet of the multifamily building and identified with signs and reserved solely for the multifamily use.

Parking spaces may be provided as surface parking or in a multistory parking deck; provided, however, that no parking deck shall be exposed to public view.

Site Plan for a Village Center Containing Multifamily Housing.

The site plan shall be organized substantially in accordance with Figure W of this chapter,[11] provided that the building and parking layout shown on Figure W is meant as a guideline with the final layout to be approved by the Board.

[11]

Editor's Note: Figure W is included as an attachment to this chapter.

Mechanical equipment and other utility hardware placed on the roof of any buildings shall be properly screened from public view and must be within the fifty-five-foot maximum building height requirement.

All uses shall be serviced by public water and public sanitary sewer systems.

Subdivision of Lots. The subdivision of the tract shall be permitted by the Board, notwithstanding that a lot containing a multifamily use may no longer abut a public street, subject to the requirements of N.J.S.A. 40:55D-36, and subject to the Board conditioning final subdivision approval upon submission by the applicant and approval by the Board Attorney, of a declaration of covenants and restrictions or other suitable instrument setting forth the mechanisms by which and providing adequate assurances dealing with items, including but not limited to access, security, outside cleaning and other routine external maintenance, external repainting, maintenance of the common open space, garbage collection, snow removal and other appropriate items that are to be provided for the village center development.

Neighborhood Recreation Amenities. All multifamily housing developments shall provide adequate neighborhood recreation amenities on the tract, which shall be subject to approval by the Planning Board at the time of site plan approval. Neighborhood recreation amenities shall provide for formal and informal recreation activities, such as but not limited to, recreation fields; outdoor swimming areas; playgrounds; tot lots; play fields; and tennis and other court game facilities. Neighborhood recreation amenities shall also include paths for bike riding, hiking and/or walking. Some level of outdoor recreation shall be provided to serve each age group residing in the multifamily and/or townhouse development.

§ 21-10.9 M-1 Mining Zone.

[Ord. #585, § 403D.5; Ord. #1103, § 13]

Uses.

Permitted Uses. This zone is designed for stone quarrying. Until such time as all quarrying activity has ceased and the quarry use is abandoned, no other use shall be permitted in the zone except child-care centers. At such time as all quarrying activity has ceased and the quarry use is abandoned, the following uses shall be permitted:

Any uses permitted in the R-3 Zone and constructed in accordance with the requirements for that zone.

Public parks, roads and other public purpose uses.

Accessory Uses. Accessory uses customarily incidental to the above permitted uses.

Requirements.

All requirements set forth in any ordinance, statute or rule which regulates quarrying shall be complied with.

Section 21-35 of this chapter shall apply only to those performance conditions not otherwise regulated by a governmental agency or authority having preemptive jurisdiction and not covered by the Quarry Licensing Ordinance of the Township.[1]

Editor's Note: See Section 4-9, Quarrying.

The requirements in Table 402[2] must be complied with within the M-1 Zone.

Editor's Note: The table referred to herein can be found at the end of this chapter.

§ 21-10.9.1 GH Golf Heritage Zone.

[Ord. #2302, 1-27-2015, amended]

Uses.

Permitted Uses.

The United States Golf Association, and its affiliated or successor organizations, and its related accessory uses which may include a museum, library, administrative offices, research and testing, educational programs and conferences, seminars and symposia, corporate events, television and photograph studio, archives, golf demonstrations and competitions, golf landscape, golf test range, putting greens, and golf holes.

Farming, agriculture and horticulture uses, excluding the raising or keeping of livestock or the operation of commercial greenhouses.

Residential uses permitted and constructed in accordance with the requirements for the R-1 Zone.

Any use not expressly permitted herein is prohibited.

Accessory uses and accessory structures, excluding telecommunication structures and heliports.

Requirements for those permitted uses specified in Section 21-10.9.1a1(a) above:

Maximum floor area ratio: 10%.

Maximum coverage or lot coverage: 13%, except that coverage may be increased to 14%, provided that the coverage above 13% is limited to walkways, trails, cart paths or similar amenities, and not structures or vehicular surfaces (other than cart paths).

No structure shall be located within 75 feet of any property line or within 500 feet of a street right-of-way.

No parking space shall be located within 50 feet of any property line or within 500 feet of a street right-of-way.

No structure shall exceed a height of 45 feet, except that height may be increased to a maximum of 70 feet, provided that for each additional foot of height above 45 feet, one additional foot of setback shall be required to any property line. However, an increase in height shall not require an additional setback from a street right-of-way.

No parking structure shall exceed a height of 20 feet.

The total number of off-street parking spaces required shall be in accordance with the following schedule for permitted facilities:

Administrative offices and support: two spaces per 1,000 square feet of gross floor area.

Museum/library and support: one space per 1,000 square feet of gross floor area.

Research and testing and support: one space per 2,000 square feet of gross floor area.

§ 21-10.10 P-1, P-2, P-3, P-4 and P-5 Public Purpose Zones.

Storage/maintenance: one space per 5,000 square feet of gross floor area.

[Ord. #585, § 403D.6; Ord. #760, § 9; Ord. #1068, § 5; Ord. #1079, § 3; Ord. #1103, § 14; Ord. #1758, 10-26-2004, amended]

Provisions applicable within the P-1, P-2, P-3, P-4 and P-5 Public Purpose Zones.

All other applicable provisions of Chapter 21 of the Land Use Ordinance not in conflict with the provisions stated herein shall apply to any development within the P-1, P-2, P-3, P-4 and P-5 Zones.

Provisions applicable within the P-1 Public Purpose Zone.

Permitted Uses:

Public recreation and open space, public parks, roads and other public purpose uses.

Child-care centers.

Farms.

Permitted Accessory Uses. Accessory uses customarily incidental to the above permitted uses.

Density and dimensional requirements shall be as follows:

Maximum FAR: 15%.

Maximum coverage: 30%.

Provisions applicable within the P-2 Public Purpose Zone.

Permitted Uses:

Public recreation and open space, public parks, roads and other public purpose uses.

Child-care centers.

Farms.

Fire companies and first aid squads operated on a not-for-profit basis.

Permitted Accessory Uses. Accessory uses customarily incidental to the above permitted uses.

Density and dimensional requirements shall be as follows:

Maximum FAR: 15%.

Maximum coverage: 30%.

Maximum building height: 35 feet.

No building shall be located within 75 feet of any property line.

No parking shall be permitted in a front yard or within 50 feet of any property line.

Provisions applicable within the P-3 Public Purpose Zone.

Permitted Uses:

Public recreation and open space, public parks, roads and other public purpose uses.

Child-care centers.

Farms.

Public and private schools, grades pre-K through twelve.

Existing residential treatment centers for children and youth age twenty-one and under. The term "existing," as used in this paragraph, refers to uses existing as of the date of adoption of this subsection. Only those existing uses are permitted and may be expanded in accordance with the provisions of this chapter.

Permitted Accessory Uses. Accessory uses customarily incidental to the above permitted uses.

Density and dimensional requirements shall be as follows:

Minimum lot area: 50 acres.

Maximum FAR: 5%.

Maximum coverage: 15%.

Maximum building height: 35 feet.

No building shall be located within 400 feet of any property line.

No parking shall be permitted in a front yard or within 400 feet of any property line.

No active recreation area shall be permitted in the front yard or located within 50 feet of any property line.

All recreation and parking areas shall be screened from view from all property lines by landscaping in accordance with Sections 21-28 and 21-43.

There shall be no outdoor activities after 10:00 p.m.

All exterior lighting, except that required for security, shall be turned off between 11:00 p.m. and 6:00 a.m., Monday through Saturday, and between 6:00 p.m. and 8:00 a.m. on Sunday.

Provisions applicable within the P-4 Public Purpose Zone.

Permitted Uses:

Public recreation and open space, public parks, roads and other public purpose uses.

Child-care centers.

Farms.

Hospitals and golf courses.

Permitted Accessory Uses. Accessory uses customarily incidental to the above permitted uses.

Density and dimensional requirements shall be as follows:

Minimum lot area: 200 acres.

Maximum FAR: 8.5%.

Maximum coverage: 15%.

Maximum building height: 60 feet.

No building shall be located within 1,000 feet of Valley Road, within 250 feet of Knollcroft Road or within 500 feet of any other property line.

No parking shall be permitted in a front yard or within 250 feet of any property line.

Provisions applicable within the P-5 Public Purpose Zone.

Permitted Uses:

Public recreation and open space, public parks, roads and other public purpose uses.

Child-care centers.

Farms.

Existing private, nonprofit health and recreation membership organizations, such as the YMCA, that offer a range of health, fitness and community service programs and social activities for all ages, but shall not include a medical clinic, medical practice or medical facilities operated by physicians or other state recognized or licensed medical or health practitioners. The term "existing," as used in this paragraph, refers to uses existing as of the date of adoption of this subsection. Only those existing uses are permitted and may be expanded in accordance with the provisions of this chapter.

Community, cultural, recreational, athletic, social and educational facilities operated on a not-for-profit basis.

Permitted Accessory Uses. Accessory uses customarily incidental to the above permitted uses.

Density and dimensional requirements shall be as follows:

Maximum FAR: 15%.

Maximum coverage: 30%.

Maximum building height: 35 feet.

No building shall be located within 75 feet of any property line.

§ 21-10.11 Standard Residential Development.

No parking shall be permitted in a front yard or within 50 feet of any property line.

[Ord. #585, § 403E; Ord. #1371, 8-24-1999, amended; Ord. #1928, 2-27-2007, § 3, amended]

Development of single-family detached houses and customarily incidental accessory uses is permitted in accordance with the provisions set forth in Subsection 21-10.4 for the R-1 through R-7 Zones, respectively.

All applicable sections of Article V, Development Regulations, shall be complied with.

(Reserved).

The maximum development shall be controlled by the minimum lot areas, sizes and frontage requirements, but in no case shall the maximum development exceed the maximum allowable density of dwelling units per acre given in Table 401.[1]

§ 21-10.13 Residential Cluster Development.

Editor's Note: The table referred to herein can be found at the end of this chapter.

§ 21-10.12 Flag Lot Development.

[Ord. #585, § 403F; Ord. #760, §§ 10-11; Ord.#1429, 5-29-2001, amended; Ord. #1928, 2-27-2007, § 4, amended]

In the R-1 Zone, the tract shall be greater than seven acres but less than 10 acres, excluding the area of the staff.

In the R-2 and R-3 Zones, the tract shall be greater than four acres but less than six acres, excluding the area of the staff.

Both the flag lot and the remainder shall have driveways in conformance with Subsection 21-38.2 and shall conform to the lot regulations set forth in Subsection 21-15.1, Subparagraph d2.

All applicable requirements of Article V, Development Regulations, shall be met.

(Reserved).

No development plan for flag lot development shall contain more than two lots (the flag lot and the remainder).

The staff shall not exceed 1,000 feet in length, shall be a minimum of 50 feet in width throughout its length, and shall have a minimum frontage of 50 feet along a public road.

[Ord. #585, § 403G; Ord. #760, § 12; Ord. #1371, 8-24-1999, amended; Ord. #1429, 5-29-2001, amended; Ord. #1928, 2-27-2007, § 5, amended]

The development plan shall provide for a minimum of 10 lots.

Open space shall be provided in accordance with Section 21-46.

The maximum coverage on any lot shall not exceed 20%.

The development plan shall provide for transitional areas as set forth in Section 21-32.

All applicable sections of Article V, Development Regulations, shall be complied with.

(Reserved)

The number of lots proposed under cluster residential developments shall not exceed the number of lots which could be developed under the standard nonclustered provisions of this chapter. The number of lots that would have resulted in an application for a standard development shall be determined by submission of a sketch plat using the provisions of this chapter applying to nonclustered development.

§ 21-10.14 Planned Residential Development (PRD-1 and PRD-2).

[Ord. #585, § 403H; Ord. #641; Ord. #830, § 16; Ord. #1103, § 15; Ord. #1371, 8-24-1999, amended]

General.

Permitted Uses:

Single-family detached houses on individual lots within the single-family development area.

(Reserved)

Twin or duplex houses in the PRD-2 only.

Multifamily dwelling units in the multifamily development area.

Offices as necessary for the continuing operation of the project in the multifamily development area.

Maintenance buildings and storage facilities for the maintenance and operation of the project in the multifamily development area.

Recreation facilities for the benefit of the occupants of the project.

Club house(s) and meeting room(s) for the use of the occupants of the project.

(Reserved)

Open space in accordance with Section 21-46.

Public parks, roads and other public purpose uses.

Home offices (exempt) which meet the following requirements:

No client activity on site;

No nonresident employees;

No signs;

The activity must not require additional parking;

The activity must not generate additional vehicular trips over a single-family home;

The activity must not require deliveries of materials other than by conventional means (e.g. U.S. mail, express shipping companies, UPS, Federal Express);

The activity must not generate any noise, vibration, odor, glare, fumes or electrical interference detectable outside the structure;

The activity must not be readily discernible from the exterior of the residence; and

The activity must not occupy more than 20% of the floor area of the structure (including basement).

Family day-care homes, in accordance with the requirements for single-family dwellings.

[Ord. #1429, 5-29-2001, amended]

Accessory Uses. Accessory uses customarily incidental to any of the permitted uses.

Conditional Uses:

(Reserved)

(Reserved)[1]

Editor's Note: Former Subparagraph a3(b), public and private schools, was repealed by Ord. #1429, 5-29-2001.

Prohibited Uses. All uses not expressly permitted, including, but not by way of limitation:

(Reserved)

(Reserved)

Applicable sections of Article V, Development Regulations, shall be complied with.

(Reserved)[2]

Editor's Note: Editor's Note: Former Paragraph a6, which provided that design shall be in accordance with the provisions of Article VI, Design Standards, was repealed by Ord. #1928, 2-27-2007, § 6.

PRD-1 Balanced Residential Complexes.

Where Permitted. The development PRD-1, Balanced Residential Complexes, are permitted in the R-2 and R-4 Zones only.

Development Requirements:

The minimum tract area shall be 10 acres.

Open space shall be provided in accordance with Section 21-46.

The tract may be divided into a single-family development area and a multifamily development area. There is no minimum area required for the single-family development area.

The maximum number of multifamily dwelling units which may be constructed in the multifamily development area of any one balanced residential complex shall be 150.

The maximum density of development in the multifamily development area shall be six dwelling units per acre.

(Reserved)

(Reserved)

(Reserved)

Maximum Development of Balanced Residential Complexes. There shall be no more than 600 multifamily units constructed under the PRD-1 regulations within the corporate limits of the Township.

Minimum Distance between Balanced Residential Complexes. There shall be a minimum distance between the boundaries of the multifamily development areas of any two balanced residential complexes of 2,000 feet.

PRD-2 Planned Residential Neighborhoods.

Where Permitted. The development of PRD-2, Planned Residential Neighborhoods, is permitted in the R-5 Zone only.

Development Requirements:

Open space shall be provided in accordance with Section 21-46.

Lands defined as R-5 Lowlands in Section 21-3 of this chapter shall have a residential density credit of 1.0 dwelling unit per acre.

Lands defined as R-5 Drylands in Section 21-3 of this chapter shall have a residential density credit of 5.5 dwelling units per acre.

Development on the R-5 Drylands portion of the tract may incorporate the transfer of residential density credits in accordance with this subsection and shall be as set forth in Table 403.[3]

Editor's Note: The table referred to herein can be found at the end of this chapter.

Part of the R-5 Drylands portion of the tract shall be designated as a single-family development area. The minimum area shall be as set forth in Table 403.

Within the single-family development area, single-family detached houses, twin houses and duplexes are permitted, provided that the maximum allowable density as set forth in Table 403 is not exceeded.

Part of the R-5 Drylands portion of the tract may be designated as a multifamily development area. The maximum area shall be as set forth in Table 403.

In the multifamily development area, single-family detached houses, twin houses, duplexes and multifamily units are permitted, provided that the maximum allowable density as set forth in Table 403 is not exceeded.

Development in the R-5 Lowlands shall be in accordance with Subsection 21-10.11 to the extent that residential density credits have not been transferred. The residential cluster development provisions of this chapter shall not apply.

The maximum development within a single-family development area of a planned residential neighborhood shall be controlled by the minimum lot areas, sizes and frontage requirements, but in no case shall the development of such single-family development area exceed the maximum allowable density of dwelling units per acre given in Table 401.[4]

Editor's Note: The table referred to herein can be found at the end of this chapter.

Transfer of Residential Density Credits. An owner of land within the R-5 Zone may elect to transfer all or some of the residential density credit attached to such land to another property or properties located in the R-5 Zone. Such transfer of residential density credits is subject to the following conditions:

The transfer must be from one property within the R-5 Zone to another property within the R-5 Zone.

The property from which the residential density credits have been transferred may be developed only in accordance with the following:

If residential density credits remain, development shall be in accordance with and subject to the requirements for standard residential development.

If no residential density credits remain, development shall be limited to agricultural uses.

If no residential density credits remain, the owner may offer, and the Township may accept, dedication of the property to the Township.

The property to which the residential density credits have been transferred can only be developed after approval of a development plan by the Board which shall include a map describing the property from which residential density credits are proposed to be transferred and the number of residential density credits, if any, which will remain with the property.

Any transfer of residential density credits approved by the Board, along with the approved development plan, shall be recorded at the applicant's expense in the records of the Clerk of Somerset County, together with a covenant on such land with enforcement running to the Township that the property from which residential density credits have been transferred shall not be developed except as follows:

In accordance with this section; or

In accordance with the conditions of the approved development plan; or

In accordance with the conditions of an approved modification to the development plan; or

In the event that the property from which residential density credits have been transferred receives residential density credits from some other property, in accordance with an approved development plan subject to all of the requirements of this chapter.

§ 21-10.14.1 Natural Resource Conservation Development Overlay Zone.

The recorded transfer of residential density credits shall not be amended or expunged from the public records of the Clerk of Somerset County except by approval of the Planning Board of the Township and only in accordance with the requirements set forth above.

Access. No individual lots for single-family or twin houses shall have driveway access to or from Valley Road, King George Road or Elizabeth Street.

Notwithstanding any other provision of this section no development in the R-5 Zone shall include more than 1,150 dwelling units.

[Ord. #1932, 4-10-2007, added]

Purpose. The purpose of the Natural Resource Conservation Development Overlay Zone is to promote the protection of viewsheds and scenic corridors by encouraging new single-family dwelling units to be built in a manner that preserves a rural, agrarian character, especially as viewed from public roadways; to foster methods of land and resource management that will protect and even improve surface and ground water quality; and to provide opportunities for the common use of agricultural facilities.

Where Permitted. Natural Resource Conservation Developments shall be permitted as an overlay use in the R-1 Zone only.

Permitted Uses:

Single-family dwelling units are permitted uses.

Accessory Uses:

Accessory uses are those permitted in the R-1 Zone.

Development Requirements.

The minimum tract shall be 50 acres.

The number of lots in a Natural Resource Conservation Development shall not exceed the number of lots which could be developed under the standard development provisions for the R-1 Zone which shall be determined by submission of a qualifying plan which complies with all provisions applicable to standard residential development in the R-1 Zone, including, but not limited to, the maximum lot yield and minimum improvable lot area requirements set forth in Table 401-A.[1]

Editor's Note: Table 401-A is included at the end of this chapter.

The development plan shall be in accordance with the density regulations set forth in Table 401 for the R-1 Zone.[2]

Editor's Note: Table 401 is included at the end of this chapter.

A minimum of 50% of the tract must be natural resource conservation open space, which shall consist of open space reserved for conservation, agricultural, recreational or viewshed management purposes in easement areas on individual lots or on separate open space lots owned in common by the property owners in the development. The open space shall be provided in large, contiguous expanses and shall meet the requirements of Section 21-46. With the exception of areas occupied by private roads accessing the development, all areas within 200 feet of existing public streets, excluding interstate highways, shall be included as part of the natural resource conservation open space. An open space plan shall be submitted as a completeness checklist item with the applicant's preliminary subdivision application. The open space may include agricultural and recreational amenities intended for use by an individual property owner or for common use by two or more property owners. Structures such as barns, stables, paddocks, silos, corn cribs, open air/unroofed riding rings which are not lighted for use after dark, and open air/unroofed tennis courts which are not lighted for use after dark may be located within open space areas when shown on the open space plan approved by the Board.

Access to the development from an existing public street shall be by private road owned in common and maintained by a homeowners' association consisting of the property owners within the development. No lot in the development shall have direct driveway access to an existing public street.

Access to individual single-family dwelling units shall be directly from a private road or from a common driveway extending from a private road. Common driveways shall be constructed to a paved width of 16 feet with graded and stabilized shoulders of at least one foot on each side, or as may be approved by the Board to facilitate emergency access. The location of all private roads and common driveways shall be shown on the subdivision plan approved by the Board.

The minimum lot area for single-family dwelling units shall be three acres, including areas within natural resource conservation open space easements. The minimum improvable area requirements set forth in Table 401-A shall be satisfied by the Board's approval of the applicant's conforming qualifying plan and need not thereafter be met on the individual lots within the development.

To encourage the placement of single-family dwelling units within the tract in a manner consistent with a rural agrarian setting and to facilitate the drawing of lot lines to accommodate such placement, lot frontage, lot width and building setback requirements on individual lots within a Natural Resource Conservation Development shall be as follows:

Lot Frontage. The minimum lot frontage along a private road or common driveway shall be 50 feet.

Lot Width. The minimum lot width shall be 100 feet.

Setbacks for Single-Family Dwelling Units. Setbacks from existing public streets shall be measured from the right-of-way line. Setbacks from private roads and common driveways shall be measured from the pavement line. Building envelopes indicating front, side and rear yard designations shall be shown on the subdivision plan approved by the Board.

No building shall be located within 200 feet of an existing public street, excluding interstate highways, except common area buildings, such as barns, stables and bus stop shelters, may be located within 200 feet of an existing public street when shown on the subdivision plan approved by the Board.

No building shall be located within 100 feet of an exterior tract boundary, including interstate highways.

The minimum front yard setback from a private road shall be 50 feet.

The minimum front yard setback from a common driveway shall be 25 feet.

The minimum side yard setback shall be 25 feet.

The minimum rear yard setback shall be 150 feet.

Accessory structures shall comply with Section 21-16, with the following exceptions: detached garages located adjacent to a common driveway may be located in a front yard, notwithstanding the front yard prohibition of Subsection 21-16.1.b; and fences and walls erected for common use purposes, such as for containing livestock, may be located across interior property lines, notwithstanding the setback requirement of Subsection 21-16.2.e.

The maximum coverage on each lot shall be 15%.

§ 21-10.15 Standard Nonresidential Development.

No building shall have a height greater than 2 1/2 stories, or higher than 35 feet.

12.

The applicant's preliminary subdivision application shall include a natural resource management plan for the site which shall be coordinated with the stormwater management and open space plans for the development. The natural resource management plan shall describe the goals and methods to be employed for protecting and improving surface and ground water quality, soils, woodlands, meadows, wetlands buffers, stream buffers, viewsheds and any unique plant or animal habitats that may exist on the tract, and shall also include an implementation schedule. The plan must be approved by the Board, and shall be recorded with the documents establishing the homeowners' association.

13.

All applicable sections of Article V, Development Regulations, shall be complied with, except as otherwise provided in this subsection.

[Ord. #585, § 403I; Ord. #1103, § 16; Ord. #1371, 8-24-1999, amended; Ord. #1758, 10-26-2004, amended; Ord. #1928, 2-27-2007, § 7, amended]

Development is permitted in accordance with the use provisions set forth in Subsections 21-10.5, 21-10.6, 21-10.7, 21-10.8, 21-10.8.1, 21-10.9, 21-10.9.1, and 21-10.10 for the E-1 through E-5, B-1 and B-2, B-3, B-4, B-5, M-1, GH, and P-1 through P-5 Zones, respectively.

[Ord. #2302, 1-27-2015, amended]

All applicable sections of Article V, Development Regulations, shall be complied with.

(Reserved)

The maximum development shall be controlled by the minimum lot area and frontage requirements, but in no case shall the maximum development exceed the allowable FAR and coverage for each zone set forth in Table 402.[1]

Editor's Note: The table referred to herein can be found at the end of this chapter.

§ 21-10.16 (Reserved) [1]