[Amended 3-18-1985 by Ord. No. 4-85; 3-19-2001 by Ord. No. 7-01]
A. 
Purpose. The purpose of this section is to assure the continuation and expansion of commercial and home agricultural pursuits by encouraging a positive agricultural business climate and protecting the farmer against municipal regulations and private nuisance suits where recognized methods and techniques of agricultural production are applied and are consistent with relevant federal and state law and nonthreatening to the public health and safety; at the same time, this section acknowledges the need to provide a proper balance among the varied and sometimes conflicting interests of all lawful activities in the State of New Jersey. The retention of agricultural activities is desirable to all citizens in Morris County because it insures numerous social, environmental and economic benefits, including the preservation of open space, atmospheric habitat; the preservation of land as a nonreplenishable resource and as a source for agricultural products for this and future generations; and the protection and maintenance of the aesthetic beauty of the countryside and rural character of the community which includes farm architecture and scenic variety.
B. 
Definitions. For the purposes of this § 217-40 only, the following terms shall be defined as follows:
ACCEPTABLE AGRICULTURAL MANAGEMENT PRACTICES
The agricultural management practices recommended or endorsed by the State Agriculture Development Committee, plus those practices complying with a conservation plan.
AGRICULTURE
The production, principally for the sale to others, of plants, animals or their products, worth $2,500 or more annually, including, but not limited to, forage and sod crops; grain and feed crops; dairy animals and dairy products; livestock including dairy and beef cattle, poultry, sheep, swine, horses, ponies, mules and goats; including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; and other commodities as described in the Standard Industrial Classification for agriculture, forestry, fishing and trapping. Agriculture shall not include intensive poultry or swine production or extensive animal feedlot operations.
CONSERVATION PLAN
A set of decisions regarding the use of soil and water resources. The plan is developed by the Natural Resources Conservation Service and approved by the Morris County Soil Conservation District.
FARM
An area of land made up of a single or multiple joining or nonjoining parcels which is organized as a management unit actively devoted to the production of agricultural or horticultural products worth $2,500 or more annually in accordance with N.J.S.A. 4:1C-1 et seq., including, but not limited to, cropland, pasture, idle or fallow land, woodland, wetlands, farm ponds, farm roads and under farm buildings and other enclosures related to agricultural pursuits, which occupies a minimum of the lesser of five acres or five times the minimum lot size of the zone in which the property is located, exclusive of the land upon which the farmhouse is located and such additional land as may actually be used in connection with the farmhouse as provided in the Farmland Assessment Act of 1965, N.J.S.A. 54:4-23.3, 4-23.4, 4-23.5 and 4-23.11.
NUISANCE
Any private action which unreasonably interferes with the comfortable enjoyment of another's property, which may be enjoined or abated and for which the injured or affected property owner may recover damages.
C. 
The right to engage in agriculture, as defined herein, shall be permitted in any zone, and it shall be presumed that such uses, activities and structures in connection therewith shall not constitute a public or private nuisance, provided that such agricultural uses are conducted in conformance with the acceptable agricultural management practices defined herein.
D. 
All uses and structures customarily incidental to agriculture shall be permitted accessory uses in all zones, including, but not limited to:
(1) 
The storage, processing and sale of farm products where produced;
(2) 
The use of irrigation pumps and equipment;
(3) 
The application of manure, chemical fertilizers, insecticides, pesticides and herbicides;
(4) 
On-site disposal of organic agricultural waste;
(5) 
Installation of soil and water conservation practices in accordance with a conservation plan approved by the Morris County Soil Conservation District;
(6) 
Transportation of slow moving equipment over roads within the municipality;
(7) 
Utilization of tractors and other necessary equipment;
(8) 
The employment of farm laborers;
(9) 
The creation of noise, dust, odors and fumes inherently associated with such uses;
(10) 
The conducting of farm practices at any and all times when necessary;
(11) 
Provisions for the wholesale and retail marketing of the agricultural output of the farm which include the building of temporary and permanent structures and parking areas for said purpose which all must conform to municipal land development standards; and
(12) 
The raising and keeping of farm animals, including pets, pastoral farm animals (dairy and beef cattle, sheep and goats), swine, fowl, horses, ponies and mules, provided that proper sanitation standards, minimum acreage limits and boundary sizes between fencing or enclosures and joining properties are established.
E. 
Appropriate housing for farm labor may be provided on any operating farm under the following conditions:
(1) 
Such housing may be used only by those persons employed by the owner or operator solely to work on the farm and during those periods of time that they are actively doing so.
(2) 
The number of adults so housed, when added to the number of housing units occupied by the owners or operators, shall not exceed the number of housing units that would be permitted if the farm were fully developed for residential purposes in accordance with its zoning standards.
(3) 
Such housing complies with all applicable federal, state and local requirements.
[Amended 4-17-1995 by Ord. No. 12-95]
It is the intent of this chapter to permit two classes of home occupations hereinafter known as "conditional use home occupations" and "accessory use home occupations." A home occupation shall be compatible with and not impair the underlying residential use of the property and neighborhood in which it is located. It shall not impair the residential character of the dwelling or the neighborhood. Home occupations shall be permitted in all residential zones in accordance with the following standards.
A. 
Conditional use home occupation. Home occupations shall be permitted as a conditional use, after a public hearings in accordance with all the following conditions:
(1) 
The applicant shall submit a site plan in accordance with Chapter 159, Site Plan Review and pay the application and review fees set forth therein for minor site plans.
[Amended 5-20-2013 by Ord. No. 10-13]
(2) 
The home occupation shall be clearly subordinate to the residential use.
(3) 
Such home occupation shall be conducted by the owner or tenant residing on the premises.
(4) 
No more than three people, including employees, per lot at any one time shall be engaged in the home occupation.
(5) 
No more than 25% of the total floor area of the primary residence, including the garage area, is allowed to be devoted to the home occupation. The home occupation may be conducted in an accessory structure on the property provided that the accessory structure is no more than 25% of the total floor area of the primary residence including an attached garage.
[Amended 7-19-1999 by Ord. No. 16-99; 10-16-2023 by Ord. No. 10-23]
(6) 
No outdoor storage or display of goods or materials is allowed.
(7) 
No home occupation is permitted in multifamily buildings.
(8) 
Any classes, lessons, tutoring or the like shall be limited to no more than three students/clients at a time.
(9) 
No retail sales or rentals are permitted on the premises, except in connection with services being rendered.
(10) 
Home occupation shall not create any unreasonable off-site noise, odors, radiation, glare, radio interference, etc.
(11) 
Home occupations shall be allowed no more than five commercial vehicle deliveries per day, excluding United States mail delivery.
[Amended 10-16-2023 by Ord. No. 10-23]
(12) 
Only one sign is permitted with an area of no more than two square feet per § 217-42 of this chapter.
(13) 
Adequate parking shall be provided and shall be screened from adjacent residential uses pursuant to § 217-46A of this chapter and Chapter 159, Site Plan Review, Article VII, Design Details.
(14) 
The hours of operation of the home occupation shall be limited from 8:00 a.m. to 8:00 p.m.
(15) 
Any alteration to the dwelling for the home occupation shall maintain the residential character and appearance of the building.
(16) 
Only one home occupation is permitted per lot at any one time.
(17) 
Approval from the Board of Health is required, especially with regard to on-site waste disposal systems, if applicable.
B. 
Accessory use home occupations. Home occupations shall be permitted as an accessory use if they conform to all the following criteria:
(1) 
The home occupation shall be clearly subordinate to the residential use.
(2) 
Such home occupation shall be conducted by the owner or tenant residing on the premises.
(3) 
No employees are permitted.
(4) 
No more than 25% of the total floor area of the primary residence, including the garage area, is allowed to be devoted to the home occupation. The home occupation may be conducted in an accessory structure on the property provided that the accessory structure is no more than 25% of the total floor area of the primary residence including an attached garage.
[Amended 7-19-1999 by Ord. No. 16-99; 10-16-2023 by Ord. No. 10-23]
(5) 
No outdoor storage or display of goods and materials is allowed.
(6) 
Only occasional client/customer visits to the property shall be permitted.
(7) 
No retail sales or rentals are permitted on the premises.
(8) 
Site plan approval is not required.
(9) 
Home occupation shall not cause any unreasonable off-site noise, odors, radiation, glare, radio interference, etc.
(10) 
Home occupations shall be allowed no more than five commercial vehicle deliveries per day, excluding United States mail delivery.
[Amended 10-16-2023 by Ord. No. 10-23]
(11) 
No signs shall be permitted.
(12) 
No additional parking, other than that required for the residential use, shall be required.
(13) 
Any alteration to the dwelling for the home occupation shall maintain the residential character and appearance of the building.
C. 
These regulations shall not apply to family day-care homes.
D. 
A zoning permit must be obtained for all home occupations.
[Added 8-18-2008 by Ord. No. 13-08]
Signs for other than single-family residences shall be required to meet the standards established under Chapter 159, Site Plan Review. For single-family residences a sign indicating the name or address of the occupant may be permitted, provided that the sign shall be no larger than two square feet. A permitted home occupation may be included with the name of the occupant. Only one sign per dwelling unit is permitted in addition to a mailbox identification sign.
[Amended 12-17-1984 by Ord. No. 35-84; 10-21-1985 by Ord. No. 34-85; 12-21-2009 by Ord. No. 30-09; 2-15-2010 by Ord. No. 02-10; 10-16-2023 by Ord. No. 10-23]
The following uses shall be permitted in all residence zones as accessory uses to principal permitted uses and under the following requirements. In no case shall any accessory use or structure occupy the minimum front yard setback for a principal building:
Accessory Use(a)
Lighting(b)
Site Plan Required
Front Yard
Rear Yard
Side Yard
1.
Swimming pool(c)
In pool only
As required by Zoning Officer
X(c)
X
X
2.
Sports court(d)
Not permitted
As required by Zoning Officer
X
3.
Patios
Yes
As required by Zoning Officer
X
4.
Storage sheds
Yes
As required by Zoning Officer
X
X
5.
Detached garages(d)
Yes
As required by Zoning Officer
X
X
X
6.
Horse barns(e)
Yes
As required by Zoning Officer
X
X
X
7.
Outdoor utility
n/a
As required by Zoning Officer
X
X
X
8.
Fuel tanks(f)
n/a
As required by Zoning Officer
X
X
X
9.
Dish antenna(g)
n/a
As required by Zoning Officer
X
X
X
10.
Solar Array(h)
n/a
As required by Zoning Officer
X
11.
Fences(i)
n/a
As required by Zoning Officer
X
X
X
12.
Other accessory(j)
n/a
As required by Zoning Officer
X
X
NOTES:
(a)
Specific minimum dimensions from lot lines are based on the zone, where located and noted in the Schedule of Area, Yard and Building Requirements[1] as may be modified by these and individual use regulations.
(b)
Usual and customary outdoor lighting, such as walkway, security or post lights, are permitted for use in all zones except as noted above. Such lighting shall be downward directed and not result in unreasonable off-site glare visible from adjoining uses, public areas, public open space and the public traveled way. The Zoning Officer may require light fixture side-shielding to prevent off-site glare.
(c)
A single row of evergreen landscaping at least six feet in height at the time of planting shall be required. A swimming pool, associated patio, walkways, deck, fence, etc., shall be setback not less than 1-1/2 times the minimum front yard setback requirement for a principal building in the zone. Pool house shall not be located in front yard.
(d)
Permitted only on lots of 40,000 square feet or more in area.
(e)
See § 217-47 below for specific regulations.
(f)
Only permitted for lots of more than one acre. See § 217-45B below for restrictions.
(g)
Location shall be obscured from view of the general public to the extent practicable.
(h)
A solar array for a net metering system that generates power for on-site electricity consumption consistent with applicable net metering regulations is permitted.
1.
Maximum height of solar array: five feet.
2.
A buffer surrounding the solar array and equipment consisting of a continuous single row of evergreen landscaping at least six feet in height at the time of planting shall be required and subject to approval by the Zoning Officer.
3.
No solar array shall occupy the minimum side yard setback for a principal structure in the zone in which it is located.
4.
Individual solar-powered residential light fixtures requiring one solar panel affixed to the fixture shall be permitted and shall not require a zoning permit.
(i)
Four-foot high fences greater than 50% open are permitted in the front yard. Six-foot high fences are permitted in the side and rear yard. See § 217-44 below for specific regulations.
(j)
Other accessory. Other accessory uses not identified above may be permitted under such terms and conditions as the Zoning Officer may require, including, but not limited to, buffering. Any accessory use not permitted by the Zoning Officer may be referred for variance review to the Planning Board or Zoning Board of Adjustment, as the case may be.
[1]
Editor's Note: The Schedule of Area and Yard Requirements is included as an attachment to this chapter.
[Added 8-16-2010 by Ord. No. 17-10]
No dumpster having or exceeding a capacity of 30 cubic yards shall be permitted on any residential property in the Township for a period exceeding 30 days in any three-hundred-sixty-five-day period; however, if an active construction project is ongoing for which a building permit has issued and remains valid, the Zoning Officer may permit additional thirty-day extensions.
[Amended 10-16-2023 by Ord. No. 10-23]
A. 
Fences and driveway entrance pillars shall be allowed in all zones.
B. 
Fences shall be located and designed in accordance with the standards established in Chapter 159, Site Plan Review.
C. 
Fences and driveway entrance pillars shall be at least 10 feet from the road right-of-way and 25 feet from the intersection of two or more roadways in accordance with § 172-43A.
D. 
Fences shall be at least 10 feet from conservation easement areas and other area restrictions, such as, but not limited to, driveway easements and rights-of-way, steep slopes, and wetlands. Fences shall not be located within wetland transition areas.
E. 
Maximum permitted fence height:
(1) 
Front yard: four feet.
(2) 
Side yard: six feet.
(3) 
Rear yard: six feet, except as provided below.
(a) 
Fences shall not exceed six feet in height unless surrounding a tennis court, basketball court, other sports court area and when used to control deer; provided, however, that any such fence shall be located in rear yard areas only. A sports court may be surrounded by a fence with a maximum height of 15 feet, provided that such fence shall be set back from any lot line at a distance(s) at least equal to the height of the fence. Any rear yard fence exceeding six feet in height shall be open fencing.
F. 
All permitted fences shall be situated on a lot in such a manner that the finished side of such fence shall face adjacent properties and streets.
G. 
Fences constructed of barbed wire or electrified, or constructed of any material or in any manner which may be dangerous to persons or animals, shall be setback from any lot line the distance(s) required for accessory buildings in the applicable zoning district and shall not be used as a perimeter fence.
H. 
The installation of a fence shall not cause the damming or diverting of water or a change to existing hydrology or stormwater flow conditions.
Uses with accessory outdoor storage areas, such as building materials yards or research facilities with outdoor storage tanks, shall be governed by the following requirements:
A. 
Abutting R-Zones. They shall not be within 200 feet of an existing residential development, a residential street or any residential zone.
B. 
Flammable and explosive liquids. Quantities of 50 gallons or more of flammable or explosive liquids, solids or gases shall not be stored above ground. Tanks or drums of fuel directly connecting with heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this provision and shall be subject to performance standards in Article IX. Storage of flammable and explosive substances above ground on lands which qualify as farms is permitted, provided that all applicable state and federal safety standards are met.
C. 
Fencing and setbacks. All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such facilities and the contents thereof from adjacent property. This provision shall not apply to the outdoor storage of vehicles on the premises of new car, farm machinery, construction equipment and recreation vehicle dealers.
[Amended 6-16-2014 by Ord. No. 09-14]
Parking and storage of motor vehicles and trailers. Parking and storage of motor vehicles and trailers shall be permitted in accordance with the following:
A. 
Residential areas.
(1) 
In all single-family residential zones, there shall be provided for each dwelling unit a minimum of two parking spaces. Said spaces shall be reasonably level, well-drained and covered with suitable stone/gravel or otherwise paved.
(2) 
No commercial vehicle having a cargo capacity of more than 3/4 ton or a gross vehicle weight classification of more than 6,000 pounds or a commercial trailer shall be parked or stored at any time in a residential zone except temporarily during the normal course of conducting the activity for which such a vehicle is primarily used.
(3) 
No motor vehicle or trailer without a current registration shall be permitted on any lot for a period in excess of 10 days unless parked or stored in a wholly enclosed garage.
(4) 
No motor vehicle or trailer shall be permitted to be stored or repaired (including but not limited to removal of wheels) outside of a garage so as to cause the same, at any time, to be in any disassembled or disabled condition. This shall not be construed as prohibiting an owner from working on one personal registered vehicle for a reasonable time not to exceed 30 days.
(5) 
Any commercial vehicle or trailer used in connection with a business or any vehicle or trailer containing or having displayed upon it any advertising or advertisement shall not be parked or stored in a parking area unless said area is in a side or rear yard not fronting on a street and shall, to the maximum extent possible, be obscured from view of the general public.
(6) 
Vehicles and trailers customarily incidental to farms and/or agricultural uses shall be exempt from these provisions, provided that such vehicles are located on a farm, as described and defined pursuant to N.J.S.A. 54:4-23.3 et seq.
B. 
Commercial and industrial zones. Parking and storage of commercial vehicles in commercial and industrial zones shall be permitted, provided that:
(1) 
Said vehicles are not disabled or nonregistered, unless the same are stored or parked in a wholly enclosed garage or are awaiting repair at a public garage or are vehicles being stored or displayed at a licensed motor vehicle dealership for the purpose of being sold.
(2) 
The area in which any such vehicle is to be parked or stored shall not preempt any off-street parking space required to be provided by provision of any other land use ordinance of the Township.
(3) 
The parking or storing of such vehicle will not interfere with any site distance requirement.
(4) 
No vehicle containing or having displayed upon it any advertising matter intended to promote the interest of any business shall be parked or stored in a parking area serving said business unless it is parked in a side or rear yard of the lot not fronting on a street or in a wholly enclosed garage.
A. 
General restriction. Equestrian animals may be kept only as pets or for the use of the owner or tenant of the property except on farms, as defined herein.
B. 
Minimum area. Two acres for first two animals, one additional acre for each additional animal.
A. 
As used in this section, "coin-operated amusement device or devices" means any amusement machine or device operated by means of the insertion a coin, token or similar object for the purpose of amusement or skill and for the playing of which a fee is charged. Specifically included within this definition are pinball machines and electronic games.
B. 
Installation and use of coin-operated amusement devices are permitted only as an accessory to a permitted principal use and only within the principal structure housing such principal use in the C-1 Business Zones, and then only where the floor area occupied by and devoted to the amusement devices does not exceed 15% of the floor area of the permitted principal use which is open to the public. Rest rooms shall not be included in computing this area. In no event, however, shall the floor area devoted to the coin-operated amusement devices exceed a total of 300 square feet.
C. 
The floor area devoted to the amusement devices shall include the area occupied by the device and an area sufficient to accommodate players and bystanders, but in no event shall this area be less than 25 feet per device.
[Amended 8-18-1986 by Ord. No. 27-86; 8-16-2010 by Ord. No. 17-10]
A. 
Trailers and mobile homes are not permitted in the Township.
B. 
Notwithstanding the above, trailers may be used as construction and security headquarters when used on a site in conjunction with the development of a site plan or a major subdivision. Such use may continue until such time as a certificate of occupancy is obtained for the final lot in a subdivision or for the site plan. Use of trailers as real estate offices is strictly prohibited.
C. 
Notwithstanding the above, a permit may be obtained from the Zoning Officer for a fee of $25 to maintain a temporary portable storage unit on any residential property in the Township for a period of time not to exceed 60 days, provided that if an active construction project is ongoing for which a building permit has issued, the Zoning Officer may permit extensions of 30 days each.
[Added 9-19-1983 by Ord. No. 21-83]
Signs shall conform to the regulations and standards set forth in Chapter 159, Site Plan Review, § 159-42, Signs.
[Added 11-18-1985 by Ord. No. 35-85]
A. 
In all newly constructed homes, all utility distribution lines or mains and all services shall be installed underground. Lots which abut existing streets where overhead electric or telephone distribution supply lines have heretofore been installed may be supplied with electric and telephone service from those overhead lines, but the service connections from the utilities overhead lines shall be installed underground.
B. 
In any particular situation where the applicant can clearly demonstrate that because of unusual topographic conditions or other unusual conditions having to do with land, the installation of such utilities underground is impractical or otherwise not feasible due to such conditions, then the Zoning Board of Adjustment, in its discretion, may waive the requirement for underground installation.
[Added 2-14-1996 by Ord. No. 1-96[1]]
A. 
Purpose. This zone was created pursuant to a mediation agreement in connection with the Township's petition for substantive certification from the New Jersey Council on Affordable Housing, to permit the establishment of a restaurant/catering facility and either a full- or reduced-size golf course or 100 single-family dwelling units. The zone is located in an area constrained by wetlands, flood hazard areas, floodplains and steep slopes. The permitted uses allow the land to be developed in a manner which would preserve these environmentally constrained lands.
B. 
Restaurant development regulations.
(1) 
Any such use shall be pursuant to the regulations for the C-2 Zone in the Schedule of Area, Yard and Building requirements.[2]
[2]
Editor's Note: The Schedule of Area, Yard and Building Requirements is located at the end of this chapter.
C. 
Golf course development regulations.
(1) 
Golf course development will be pursuant to the requirements of § 217-74 of this chapter.
D. 
Residential development regulations.
(1) 
Common open space requirements. That portion of the tract which is not developable due to environmental constraints shall be dedicated as permanent open space pursuant to the requirements of § 217-62D and E.
(2) 
Utilities required. The tract shall be served by public water and sewers.
(3) 
Circulation. The development shall be served by a safe and efficient circulation system per the requirements of Chapter 175, Subdivision of Land, §§ 175-42 and 175-44, provided that the proposed roads shall be classified as minor streets. The maximum cul-de-sac length in this zone shall be 1,200 feet. Individual one-way travel lanes of at least 20 feet in width, separated by at least 25 feet, shall be considered separate means of ingress and egress for the purposes of calculating cul-de-sac length in this zone.
[1]
Editor's Note: This ordinance also repealed former Subsection 17-7.13, PUD-RC Planned Unit Development - Reduced-Cost Housing, added 7-21-1986 by Ord. No. 25-86, as amended.
[Added 12-15-1986 by Ord. No. 43-86]
A. 
Principal permitted uses: garden-type or townhouse-style apartments.
B. 
Criteria for principal permitted uses.
[Amended 8-16-1993 by Ord. No. 25-93]
(1) 
Minimum tract size: 10 acres.
(2) 
Maximum tract size: 29 acres, including acreage to be dedicated to the Township for public road right-of-way.
(3) 
Maximum number of tracts: one.
(4) 
Maximum development and housing need compliance. Consistent with the adopted Washington Township Housing Plan Element and Fair Share Plan and substantive certification from the New Jersey Council on Affordable Housing, the maximum number of housing units developable in the RCH zone district is 232 of which at least 41 shall be for low- and moderate-income households.
(5) 
Utilities required.
(a) 
Water. A public water system shall be provided with service to each unit.
(b) 
Sanitary sewer. A public sanitary sewer system shall be provided with service to each unit.
(c) 
Electric.
(d) 
Telephone and other appropriate utilities shall be made available.
(e) 
Central laundry facilities shall be available to units without individual systems.
C. 
Buffers. The required yard setback distance around the perimeter of the tract shall include a landscaped buffer area at least 25 feet in width.
D. 
Residential design standards.
(1) 
The placement of individual structures and the design of neighborhoods and housing types shall be in a manner that uses existing topographic and vegetative characteristics or man-made contours and planting to minimize the visual impact of a large development by separating tracts, screening major areas of improvements and softening the visual impact of buildings and paved areas.
(2) 
Individual segments of the RCH District may have design densities greater than the maximum density established for the entire tract, provided that sufficient open spaces are dedicated so that the average density for the entire project is not exceeded and recreation areas are not reduced. The maximum design densities as outlined below shall be calculated for the area designated for each housing type, including the area for driveways, parking, building locations and yards, but excluding open space dedications.
(3) 
Garden-apartment- and townhouse-style housing developments shall have site plan approval. The configuration of structures may be any alignment that meets the yard requirements and the following maximum overall or component building lengths: 160 feet on one plane; 240 feet at any angle. The approving authority may approve plans with lengths deviating from these standards if adequate provisions are made for fire vehicles' access between structures, convenient vehicular access within the project, structural breaks and topographic and vegetative conditions to prevent the appearance of excessive structural lengths. The Planning Board shall be required to solicit police, Fire Department and rescue squad comments on any proposed deviations.
(4) 
Garden-apartment-style housing.
(a) 
Maximum lot coverage (building and paving): 50%.
(b) 
Maximum floor area ratio: not applicable.
(c) 
Minimum tract area: 10 acres.
(d) 
Minimum tract width: 400 feet.
(e) 
Minimum tract depth: 400 feet.
(f) 
Minimum tract front yard: two times the building height.
(g) 
Minimum tract side yard: same as the building height.
(h) 
Minimum tract rear yard: same as the building height.
(i) 
Minimum distance between buildings: 1 1/2 times the building height or 35 feet, whichever is the lesser.
(j) 
Building height: No structure shall exceed 2 1/2 stories or 35 feet.
(5) 
Townhouse-style housing.
Dimensional Requirement
Portion of Total Tract Used for Townhouses
Per Townhouse Lot
Maximum coverage*
40%
60%
Minimum area
4 acres
2,000 square feet
Minimum width
300 feet
20 feet
Minimum depth
300 feet
50 feet
Minimum perimeter setback
2 times building height
Not applicable
Minimum front yard
Not applicable
30 feet
Minimum side yard
Not applicable
0 feet for interior units; same as building height for end units
Minimum rear yard
Not applicable
Same as building height
Maximum design density
8 units per acre
Not applicable
Minimum distance between buildings
Not applicable
Building height
Building height
No structure shall exceed 2 1/2 stories or 35 feet**
NOTES:
* Building and paving.
** Measured from mean ground level on the side of the structure with greatest exposure.
(6) 
Circulation and off-street parking. The minimum number of parking spaces shall be determined as follows:
(a) 
There shall be a minimum of 1 1/2 parking spaces provided for each one-bedroom dwelling unit and two parking spaces for each two-bedroom unit and 2 1/2 parking spaces for each three-bedroom unit. Three-bedroom lower-income units will have two spaces for each such unit.
(b) 
Unassigned spaces: full value.
(c) 
Garages and single-width driveways shall be counted as 3/4 of a space.
(d) 
For multifamily projects designed and restricted to lower-income occupants aged 62 and over, the number of parking spaces may be reduced to 50% of the above.
[1] 
Assigned parking other than for garages and/or driveways is not permitted.
[2] 
Separate unpaved parking areas may be designed within the development to accommodate boats, campers and other recreational vehicles.
[3] 
Within a development project, bus and/or commuter van stops shall be considered in the overall circulation and parking design. Such features, if determined necessary and/or advisable by the approving agency, shall be located within the project.
[4] 
All applications shall comply with the minimum standards set forth in Chapter 159, Site Plan Review, § 159-39A(1)(e), Parking Area Design Standards, and the requirements set forth in Subsection D(7) below.
(7) 
Parking design requirements.
(a) 
Parking stalls shall measure not less than nine feet in width and 18 feet in length.
(b) 
The width of all aisles providing direct access to individual parking stalls shall be in accordance with the following schedule, which modifies the schedule contained in Chapter 159, Site Plan Review, § 159-39A(1)(e)[2].
Parking Angle
(degrees)
Aisle Width
(feet)
0
12
30
12
45
13
60
18
90
24
(c) 
Only one-way traffic shall be permitted in aisles serving parking spaces placed at an angle other than 90º.
(8) 
Common open space requirements.
(a) 
A minimum of 15% of the land area of any development, which may include environmentally restricted land, shall be designated for conservation, open space, recreation and/or other common open space.
(b) 
All property owners and tenants shall have the right to use the common open space.
(c) 
All common open space deeded to an open-space organization, trust or private organization shall be owned and maintained as provided for in § 217-62E and the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
(d) 
Common open space may include tract setback areas for computation purposes. Such space shall be readily accessible to all residents of the development, and no area designated as open space shall be less than 35 feet in width.
(e) 
Formal recreation activities, such as swimming pools, court games, playgrounds and/or ballfields, may be installed on a maximum of 10% of the gross tract area. The design of any recreation facility plan shall be reviewed by the Washington Township Recreation Committee.
(f) 
Lands to be dedicated shall be located so as to meet the needs of open spaces, parks, playgrounds, rights-of-way protecting major streams or open drainageways, buffer areas and other environmental criteria, for agricultural purposes or to provide additional neighborhood area for recreational purposes or school purposes. The Planning Board shall make certain that not only Township requirements shall be satisfied but that dedicated areas shall be so located as to meet possible future needs of the neighborhood or region.
(g) 
The Planning Board shall approve the location and size of the various use need areas and their distribution. It shall not generally approve areas of less than one acre, except when such a site is considered adequate for its specific use, and it shall make certain that a reasonable portion of required dedicated area shall be located so as to specifically serve the needs of the development where located.
(9) 
Drainage requirements.
(a) 
Storm sewers, open channels, bridges and culverts shall be designed for minimum flow capacities as follows:
Design Capacity
Frequency of Storms
(years)
Collection systems
25
Culverts
25
Emergency spillway system from detention system
100
Projects requiring a Department of Environmental Protection stream encroachment permit
100
(b) 
All materials used in the construction of drainage systems shall be in accordance with the specifications of the Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation, current edition, and any supplements and modifications thereof, unless otherwise specified by the approving agency.
(c) 
Surface water runoff shall be regulated by the provisions of Chapter 175, Subdivision of Land, § 175-49.
(d) 
Where required by the Township, and as indicated on an approved development plan, a drainage right-of-way easement shall be provided to the Township where a tract or lot is traversed by a drainage system, channel or stream. The drainage right-of-way easement shall conform substantially to the lines of such watercourse and in any event shall meet any minimum widths and locations as shown on any Official Map and/or Master Plan or as recommended by the Township Engineer.
(10) 
Lighting.
(a) 
Lighting shall be provided for all parking areas and anywhere else deemed necessary for safety reasons.
(b) 
Any outdoor lighting, such as illumination of buildings, sidewalks, driveways with no adjacent parking, signs and ornamental lighting, shall be shown on the lighting plan in sufficient detail to allow determination of the effects upon adjacent properties, roads and traffic safety from glare, reflection and overhead sky glow in order to recommend steps needed to minimize these impacts.
(c) 
Specific lighting requirements. The maximum intensity of lighting permitted on roadways shall be in accordance with the average maintained horizontal illumination for residential areas as follows:
[1] 
Street intersections: 1 1/2 footcandles.
[2] 
Parking areas: one footcandle.
(11) 
Streets.
(a) 
All developments shall be served by paved streets in accordance with the approved subdivision and/or site plan, and all such streets shall have adequate drainage.
(b) 
Local streets shall be planned so as to encourage traffic safety and pedestrian safety.
(c) 
The minimum public street right-of-way and cartway and the minimum private street cartway shall be in accordance with the following schedule:
Type of Street
Right-of-Way
(feet)
Cartway
(feet)
Collector street
60
40
Local street with no on-street parking
40
24
Local street with parallel on-street parking, 1 side only
40
30
(d) 
Street intersections shall be as nearly at right angles as is possible and shall in no case be less than 80º. Approaches to all intersections shall follow a straight line for at least 100 feet or a curve with a radius of not less than 600 feet. No more than two streets shall meet or intersect at any point, and the center lines of both intersecting streets shall pass through a common point.
(e) 
A tangent of at least 100 feet shall be provided between reverse curves on collector streets.
(f) 
No cul-de-sac shall be more than 1,200 feet in length nor provide access to more than 50 dwelling units. A turnaround shall be provided at the end of the cul-de-sac with a minimum paved turning radius of 50 feet and a minimum right-of-way radius of 60 feet.
(g) 
The pavement standard for all roads shall be as follows:
[1] 
A firm well-compacted subgrade.
[2] 
A five-inch-thick bituminous stabilized base course (NJDOT Mix No. 1-2).
[3] 
A one-and-one-half-inch-thick bituminous concrete surface course (NJDOT Mix No. 1-5).
[4] 
All materials shall meet the requirements and shall be installed in accordance with Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation, current edition, and any supplements and modifications thereof, unless otherwise specified by the reviewing agency.
[5] 
Notwithstanding the provisions in § 217-53D(11)(g)[1] through [3] herein, where soil conditions or heavy traffic dictate, the usual Township pavement requirements shall apply.
(h) 
Street grades. Grades for collector streets shall not exceed 8%, and grades for local streets shall not exceed 10%. No street shall have a grade less than 1%.
(i) 
Curbs shall only be required where necessary due to drainage, environmental and/or safety factors, as determined by the approving agency.
(12) 
Applicability of general development regulations. Unless otherwise specified hereinabove and in 175-8A, all other provisions and requirements of Chapter 175, Subdivision of Land, and Chapter 159, Site Plan Review, shall apply to all developments within the RCH Zone.
[Added 11-18-1991 by Ord. No. 31-91]
A child-care center shall be permitted in all nonresidential zones and shall be permitted as an accessory use to houses of worship and all public or private schools in all zone districts in accordance with the following standards and criteria:
A. 
Lot area. Property used for a child-care center shall conform to the minimum area requirements of the zone district within which it is located. The minimum lot size shall in no case be less than 40,000 square feet.
B. 
The center shall conform to all bulk and yard requirements of the zone district within which it is located.
C. 
At least one on-site parking space shall be provided for each on-duty staff person and one visitor space per each 10 children for which the center is located.
D. 
No designated area for active play or play structures shall be located in a front yard or within 15 feet of a side or rear lot line.
E. 
An on-site vehicle turnaround, such as a circular driveway, and a passenger loading and unloading area shall be provided.
F. 
A designated outdoor area for active play shall be provided. It shall be enclosed by a cyclone-type fence, minimum of four feet in height.
G. 
Signs shall conform to Chapter 159, Site Plan Review, § 159-42, and shall be limited to one freestanding sign per street frontage, maximum area of five square feet, maximum height of six feet, minimum setback of 10 feet from the nearest property line or lines or street line.
H. 
The property shall be attractively buffered and landscaped consistent with Chapter 159, Site Plan Review, § 159-31, and as required by the Planning Board.
I. 
Lighting shall be provided consistent with Chapter 159, Site Plan Review, § 159-30, and as required by the Planning Board.
J. 
There shall be safe vehicular ingress and egress, site distance and access to the child-care center.
K. 
No child-care center shall be located in close proximity to any place or location wherein significant quantities of toxic, hazardous or dangerous materials are stored, assembled or produced. For the purposes of this chapter only, significant quantities shall not include those quantities which are reasonably incidental to residential uses.[1]
[1]
Editor's Note: Former Subsection 17-7.16, Family Day-Care Home, added 11-18-1991 by Ord. No. 31-91, which immediately followed this section, was repealed 7-20-1992 by Ord. No. 9-92. Former Subsection 17-7.16, Agricultural/Open Space Overlay, added 6-21-1993 by Ord. No. 17-93; amended 4-17-1995 by Ord. No. 12-95, 3-17-1997 by Ord. No. 9-97; was repealed 5-18-1998 by Ord. No. 16-98.
[Added 2-14-1996 by Ord. No. 2-96]
A. 
Purpose. The purpose of this section is to provide land use, design and development standards for the RCH-SC Zone, to enable timely development of this zone in a manner that promotes a rural aesthetic, provides infrastructure that protects the public welfare and the environment and creates a substantial amount of housing affordable to low- and moderate-income households. In accordance with COAH substantive rules, these standards eliminate unnecessary cost-generating features.
B. 
Principal permitted uses: senior citizen apartments and single-family detached houses and public uses as defined in § 217-24A of this chapter.
C. 
Criteria for principal permitted uses.
(1) 
Minimum tract size: 10 acres.
(2) 
Maximum tract size: 60 acres, including acreage to be dedicated to the Township for public road right-of-way and other municipal purposes.
(3) 
Maximum number of tracts: one.
(4) 
Maximum development. The maximum number of dwelling units developable in the RCH-SC Zone District is 94 units, of which at least 38 units, i.e., 40% of the total units, shall be for low- and moderate-income senior citizen households, as defined by the Council on Affordable Housing.
(5) 
Utilities required. The utilities requirements of the RCH zone, at § 217-53B(6), shall apply to all developments in the RCH-SC Zone.
(6) 
Access. Principal access shall be to and from Hearthstone Road and to and from U.S. Route 46 (eastbound lane).
D. 
Buffers. The required yard setback distance around the perimeter of the tract shall include a landscaped or naturally vegetated buffer area at least 25 feet in width.
E. 
Residential design standards.
(1) 
Area, yard and building requirements: The area, yard and building requirements of the following schedule shall apply to residential developments in the RCH-SC Zone:
Schedule of Area, Yard and Building Requirements for the RCH-SC Zone
Senior Citizen Apartments
(portion of tract)
Single-Family Detached Units
(per lot)
Minimum lot size (square feet)
130,000
10,000
Lot frontage (feet)
200
75
Lot width (feet)
  Interior lots
200
75
  Corner lots
Not applicable
100
Lot depth (feet)
300
90
Front yard (feet)
  Principal buildings height
2 times the building
30
Side yard (feet)
  Principal buildings height
Same as the building
10
Rear yard (feet)
  Principal buildings height
Same as the building
30
Side yard (feet)
  Accessory buildings
20
5
Rear yard (feet)
  Accessory buildings
20
5**
Combined width of both side yards (feet)
  Principal buildings height
2 times the building
20
Maximum percentage of lot coverage (buildings and pavement)
50%
30%
Minimum distance between buildings height
Same as the building
Not applicable
Maximum building height
  Stories
2 1/2*
2 1/2
  Feet
35
35
NOTES:
*Elevator required if more than one story.
**Increases to 25 feet where rear yard is in twenty-five-foot buffer in compliance with § 217-55D of this chapter.
(2) 
Site plan required. The senior citizen apartments and single-family detached housing developments shall have subdivision approval. The set apartments shall have site plan approval.
(3) 
Circulation and off-street parking. The requirements of the RCH Zone, at § 217-53D(6), shall apply to all developments in the RCH-SC Zone. Two parking spaces shall be provided for each single-family detached unit.
(4) 
Parking design requirements. The requirements of the RCH Zone, at § 217-53D(7), shall apply to all developments in the RCH-SC Zone.
(5) 
Common open space requirements. The requirements of the RCH Zone, at § 217-53D(8), shall apply to all developments in the RCH-SC Zone.
(6) 
Drainage requirements. The requirements of the RCH Zone, at § 217-53D(9), shall apply to all developments in the RCH-SC Zone.
(7) 
Lighting. The requirements of the RCH Zone, at § 217-53D(10), shall apply to all developments in the RCH-SC Zone.
(8) 
Public streets.
(a) 
Right-of-way widths. The right of way of public streets shall be 50 feet wide throughout the development.
(b) 
Pavement widths. Pavement widths shall be 26 feet with parallel parking permitted on one side within the pavement.
(c) 
Edge of pavement and shoulder. The edge of pavement shall be provided with structural stability by extending the base course of paving one foot beyond the surface course. The shoulder shall begin at the edge of the surface course, have sufficient topsoil for growth of grass, be graded at a two-percent-slope away from the street and extend for a distance of 10 feet, if used for a formally constructed sidewalk, or four feet otherwise. Where slopes are steep, special measures shall be taken to provide erosion protection, manage stormwater and control the velocity of stormwater, such as riprap, rock or grouted swales, or curbing or other measures as necessary.
(d) 
Grades. Street grades shall be at a minimum of 1% and a maximum of 10%. Street grades shall not exceed 2% for a distance of 60 feet from the center point of an intersection.
(e) 
Sight distance and design speed. Through streets shall be designed for a sight distance of 300 feet. Vertical curves shall be established based on a speed limit of 25 miles per hour (mph).
(f) 
Intersections. Street intersections are preferred at right angles but may be up to 80º or formed by center-line radii of up to 300 feet for a distance of 60 feet from the center point of an intersection. Edge of pavement shall be defined by a radius of 25 feet. Traffic signage shall be installed as approved by the Planning Board in accordance with police recommendations.
(g) 
Horizontal curves. On all streets, the center-line radius shall be a minimum of 300 feet. Reverse curves shall be connected by a tangent of not less than 100 feet.
(h) 
Sidewalks. Pedestrian access shall be provided to residents by either a sidewalk on one side of the street, designated use of shoulders, or walkways outside of the right-of-way, as approved by the Planning Board. The construction materials for the pedestrian accessways shall be as approved by the Planning Board.
(i) 
Culs-de-sac. If required to accommodate the maximum allowable development of the zone within the constraints of the design and development standards of this section, culs-de-sac shall be designed in accordance with the other provisions of this section, with the turnaround radius in accordance with the street design standards of Chapter 175, Subdivision of Land, § 175-44. The maximum length of a dead-end street in the RCH-SC Zone shall be 1,200 feet.
(j) 
Pavement. The subgrade shall be well-draining and compacted. The base course shall be five-inch thick stabilized base (NJDOT Mix No. 1-2). The surface course shall be one-and-one-half-inch thick bituminous concrete (NJDOT Mix No. I-5).
(9) 
Private roads for multifamily development. The street design standards of the RCH Zone, at § 217-53D(11), shall apply to all multifamily in the RCH-SC Zone.
(10) 
Stormwater drainage. Groundwater recharge and sheet flow runoff shall be maximized. Collection of stormwater runoff shall be in surface swales wherever possible. Special erosion control measures within the swales shall be provided when required by grades or the volume of flow.
(11) 
Conservation, erosion and sediment control. The standards of Chapter 175, Subdivision of Land, § 175-48, shall apply in the RCH-SC Zone.
(12) 
Surface water management. The standards of Chapter 175, Subdivision of Land, § 175-49, shall apply in the RCH-SC Zone.
F. 
Compliance with low- and moderate-income housing requirements. All senior citizen housing developments in the RCH-SC Zone shall comply with the low- and moderate-income housing requirements of Article VIII.
[Added 2-14-1996 by Ord. No. 2-96; 8-20-2007 by Ord. No. 20-07; 2-10-2016 by Ord. No. 03-16]
A. 
The following are the minimum lot sizes for the principal uses of the zone:
(1) 
Age-restricted housing development: 25 acres under the ownership or control of a single entity and the subject of a development application.
(2) 
Senior health care uses: 150,000 square feet.
(3) 
Adult day-care facility/intergenerational child-care facility: 80,000 square feet.
(4) 
Multifamily dwelling units restricted to low- and moderate-income senior citizen persons and households: 20,000 square feet per building.
B. 
The following are the maximum lot areas which can be devoted to certain principal uses in the zone:
(1) 
Senior healthcare uses and facilities, healthcare support facilities and skilled rehabilitation nursing facilities such as, but not limited to, assisted living residences, long-term care and subacute care skilled nursing facilities, inpatient and outpatient rehabilitation facilities, health and wellness centers, and medical offices: 10 acres.
(2) 
Adult day-care/intergenerational child-care facility: five acres.
C. 
The following are the overlay zone design standards:
(1) 
There shall be no access to Newburgh Road. External and internal vehicular and pedestrian circulation shall provide safe and efficient traffic and pedestrian movement acceptable to the Planning Board.
(2) 
The development shall include a comprehensive internal pedestrian and bicycle circulation plan, which includes access to adjacent commercial areas on both sides of Route 24 and existing Heath Village. Crosswalk pedestrian access shall be provided across Schooley's Mountain Road. A pedestrian trail and public access easement shall be provided along the northern edge of the tract from Schooley's Mountain Road to the Musconetcong River. The easement area shall be a maximum of 15 feet wide. The tread width of the trail shall be a maximum of five feet and improved only as necessary for safe pedestrian access and environmental conditions. No off-street parking spaces shall be required for the public. Public access limited to pedestrians shall be preserved by an easement in a form acceptable to the Township Attorney.
(3) 
All natural and regulated areas not proposed for development, recreational or agricultural use shall be preserved by a conservation easement in a manner acceptable to the Planning Board and in a form acceptable to the Township Attorney.
(4) 
A phasing plan shall be submitted which includes the proposed schedule of development, including the installation of improvements. Such plan shall be subject to the review and approval of the Planning Board.
(5) 
Each age-restricted housing or assisted living development shall engage in a contract with a private ambulance/medical transport service for their residents. In addition, private transportation service shall be provided by the development for residents' access to shopping, medical appointments and to meet residents' everyday transportation needs.
(6) 
At least 35% of the tract shall be set aside as open space and shall be subject to an open space deed restriction. Open space areas may include agricultural uses as defined herein, and shall include the pedestrian access easement in accordance with § 217-55.1C(2) above.
(a) 
Approximately six to seven acres, more or less, of the southeast corner of Block 19, Lot 7, shall be included within the required open space set aside, the configuration of which shall be determined by the Planning Board at the time of site plan approval. This open space set aside shall maintain the existing open field condition of the Schooley's Mountain Road and Newburgh Road corner and to maximize retention of the distant views across the Musconetcong River Valley as viewed from the two roads across the open field. Agricultural use and appurtenant structures, the existing HMUA well pump house, fencing and landscaping are permitted within this open space area. One-family and two-family attached one- and one-and-one-half-story residential dwelling units may be located adjacent to this open space area, provided that all units, required yards, roads and buffering are located within 360 feet from the common property tract boundary with Block 19, Lot 7.01. Limited grading immediately adjacent to permitted residential development may be approved by the Board within the required open space area.
(b) 
Open space management plan. An open space management plan shall be submitted for Board review and approval, which shall identify all proposed open space and management areas, which may include meadow, forest, agriculture, nature interpretation areas, improved or unimproved walking and hiking paths and other passive recreation uses. Agriculture-related structures, such as but not limited to pastures, corrals, riding rings, barns, run-ins or other agricultural use structures, may be included in the open space management plan, subject to the Board's environmental consultant's comments and Planning Board approval.
(c) 
Open space deed restriction. An open space deed restriction shall be granted to the Township for the required 35% tract area open space and the open space management plan, which shall identify approved open space uses and improvements as permitted in Subsection C(6)(b) above. Nothing herein shall preclude future changes to the open space management plan, subject to the provisions of Subsection C(6)(b) above, approval by the Planning Board and acceptance by the Township Committee.
(7) 
All development in the overlay zone shall be served by municipal sewers and municipal water.
(8) 
All roads and parking facilities in the development shall be privately owned and maintained. At the time site plan application is submitted, the developer shall demonstrate that adequate provisions for road maintenance and removal of snow shall be established and maintained at all times.
D. 
Age-restricted dwelling units area, yard and building requirements.
(1) 
Minimum tract area. The minimum tract area for the development of age-restricted dwelling units in this zone shall be 25 acres, under the ownership or control of a single entity and the subject of a development application, provided that an area of less than 25 acres may be added to an existing age-restricted housing development if contiguous thereto and in compliance with the provisions of this chapter.
(2) 
Density. The maximum residential density permitted shall be not more than six dwelling units per acre, which excludes the acreage devoted to senior healthcare uses and facilities, healthcare support facilities and skilled rehabilitation nursing facilities and day-care.
(3) 
Tract frontage and width. The minimum tract frontage and width shall be 200 feet.
(4) 
Setback from rights-of-way. The minimum building setback from existing public rights-of-way shall be 150 feet.
(5) 
Setback from property boundaries. The minimum building setbacks shall be:
(a) 
From Schooley's Mountain Road and Newburgh Road rights-of-way: 150 feet.
(b) 
From preserved farmland: 100 feet.
(c) 
From all other tract boundaries: 75 feet.
(6) 
Setback from internal roadways.
(a) 
The minimum building setback from internal roadways shall be 25 feet from the right-of-way.
(b) 
Where there is no right-of-way, the minimum building setback shall be 25 feet from the edge of pavement.
(c) 
There shall be a four-foot setback of the sidewalk from any curb, and the sidewalk shall be a minimum of four feet wide.
(7) 
Setback from sidewalk.
(a) 
There shall be a minimum twenty-four-foot building (garage) setback from the edge of the sidewalk.
(8) 
Dwelling configuration.
(a) 
Market-rate dwellings shall be provided as detached or attached units.
(b) 
Low- and moderate-income housing may be provided in multifamily buildings.
(c) 
Attached units may not be provided in groups of more than four dwelling units per building, except that low/moderate/special needs attached units may be provided in buildings of no more than 20 units, subject to the density limitations set forth in Subsection D(2) above.
(9) 
Distance between residential buildings. The minimum distance between residential buildings shall be as follows:
(a) 
Front to front: 75 feet.
(b) 
Rear to rear: 50 feet.
(c) 
Rear to side: 35 feet.
(d) 
Side to side: 20 feet.
(10) 
Building coverage. The maximum building coverage shall be not more than 20% of the tract area.
(11) 
Improved lot coverage. The maximum improved lot coverage shall be not more than 30% of the tract area.
(12) 
Building height. The maximum building height shall be no greater than 35 feet.
(13) 
Buffer. There shall be a landscaped or naturally vegetated buffer area of at least 50 feet in width located around the perimeter of the tract and adjacent to preserved farmland. Where the tract abuts Block 19, Lot 7.01, the buffer width shall be 25 feet. The Planning Board may modify buffer planting requirements where, in the opinion of the Planning Board, the objective of preserving open views and scenic vistas may be better achieved.
(14) 
Parking. The number of parking spaces for the age-restricted dwelling units shall be pursuant to the requirements of the New Jersey Residential Site Improvement Standards and shall be not less than 1.5 spaces per dwelling unit. Parking spaces within garages apply to this requirement and driveway parking spaces shall be at least 22 feet long, exclusive of any sidewalk area. Parking shall be provided in proximity to the community building and recreational facilities at a ratio of four parking spaces per 1,000 square feet of gross floor area. Where possible, shared parking with other uses in the zone shall be employed in order to minimize the number of spaces provided. Should the developer be able to demonstrate that fewer parking spaces are needed, the area proposed for the construction of the excess spaces may be reserved for their future construction.
(15) 
Design standards. Where not specifically modified herein, all other design standards shall be pursuant to the New Jersey Residential Site Improvement Standards.
(16) 
Community center and recreation amenity. The age-restricted housing development shall include a centrally located community building and appropriate recreational amenities to serve the residents of the development, which may include a performing arts center. The community building shall be a minimum of 4,000 square feet.
(17) 
Affordable housing.
(a) 
Each age-restricted housing development shall include an affordable housing set-aside of 20% of the units built within the development.
(b) 
Affordable housing provided on site within the development may be provided as rental units in two-story multifamily buildings.
(c) 
Up to 100% of the required affordable housing units may be provided off site.
(d) 
Affordable units may be provided off site on Block 20, Lot 72, which shall conform to the use, bulk and density zoning requirements for the zone in which the affordable units may be located.
(e) 
Beds in a state-licensed assisted living residence reserved for Medicaid-eligible persons, in accordance with P.L. 2001, c. 234 (N.J.S.A. 26:2H-12.16 through 21), may be provided off site to satisfy a portion of the affordable housing set-aside requirement.
(f) 
Expiring affordability controls on existing affordable housing units off site in the Township may be extended to satisfy the affordable housing set-aside requirement, in accordance with applicable rules adopted by the New Jersey Council on Affordable Housing and codified at N.J.A.C. 5:97-6.14, as modified by the Supreme Court, subject to approval as to form by the Township Attorney.
(g) 
If affordable units are provided off site to satisfy the set-aside requirement, the developer shall have an obligation to provide affordable housing units calculated as follows: total residential units approved in the site plan multiplied by 0.2.
(h) 
If affordable units are provided off site, the affordable units must be completed and provided in accordance with the standard schedule relating the minimum percentage of low- and moderate-income units completed to the maximum percentage of market-rate units that may be completed, found at § 217-80B.
(i) 
A fee-in-lieu of constructing some or all of the affordable housing units on site may be negotiated between the Township of Washington and the developer in accordance with N.J.A.C. 5:93-8.10(c).
(18) 
Architectural review. The purpose of this subsection is to provide the Planning Board with building elevations for approval of the appearance of all buildings proposed in the age-restricted development. Such review shall be guided by the following design objectives:
(a) 
Style. Generally, building facades should incorporate vernacular architectural style and elements which reflect historic development styles of the Long Valley and Hackettstown area, including the rhythm and spacing of windows, roof pitches, use of exterior finish materials, staggered setbacks within individual buildings and similar features.
(b) 
Building facade. All facades visible from internal roads within the age-restricted housing development and public rights-of-way shall receive similar treatments, which shall vary from building-to-building, and shall be architecturally compatible within a unified architectural theme. No more than 30% of building facades may be duplicated within the development and at least three different models (floor plans) will be offered. Not more than two facades may be alike in any group of five homes located across the street from one another (i.e., diagonally adjacent to one another).
(c) 
Roof shape. Roof shapes shall respect the vernacular style and shall not include the appearance of flat or mansard roofs. Roof shape shall incorporate gable-end, opposing-gable and hip-roof styles with dormers to the extent practicable.
E. 
Area, yard and building requirements for senior healthcare facilities, healthcare support facilities and skilled rehabilitation nursing facilities.
(1) 
Minimum lot area. The minimum lot area devoted to senior healthcare is 150,000 square feet. A facility must be part of a tract area of at least 50 acres under the ownership and control of a single entity and the subject of a development application.
(2) 
Density. The maximum density permitted shall be 16 beds per acre.
(3) 
Setback and bulk requirements. The setback and bulk requirements for the OR/1 Zone shall apply, except that the minimum side and rear yard setback shall be 30 feet.
(4) 
Parking.
(a) 
Off-street parking shall be provided at the rate of 0.5 parking spaces per bed.
(b) 
An additional one parking space shall be provided per employee normally present on any single weekday shift.
(c) 
An additional one parking space shall be provided for each non-full-time health care professional providing specialized care.
(d) 
An additional one parking space shall be provided per outpatient.
F. 
Intergenerational child and adult day-care parking requirements.
(1) 
Child day-care parking. At least one on-site parking space shall be provided for each on-duty staff person and one visitor space per each five children.
(2) 
Adult day-care parking. At least one on-site parking space shall be provided for each on-duty staff person and two visitors' spaces for each 10 people of maximum enrollment at the center.
G. 
Schedule.
Schedule of Area, Yard and Building Requirements
Item
All Senior Health Care Uses and Facilities
Adult Day-Care and Intergenerational Child Care
Minimum lot size (square feet)
150,000
80,000
Lot frontage (feet)
75
75
Lot width (feet)
200
200
Front yard-principal building (feet)
100
100
Side yard-principal building (feet)
30
30
Rear yard-principal building (feet)
30
30
Side yard-accessory building (feet)
30
30
Rear yard-accessory building (feet)
30
30
Combined width of both side yards-principal building (feet)
60
60
Maximum percentage of improved lot coverage
60%
60%
Maximum floor area of (FAR)
N/A
20,000 square feet
Maximum height
Stories
2.5
2.5
Feet
35
35
Maximum density beds per acre
16
N/A
H. 
Age restrictions for dwelling unit occupancy. Approval of an age-restricted housing development pursuant to this section shall require the placement of restrictive covenants, in a manner satisfactory to the Planning Board Attorney, on the deeds to all portions of a tract to insure that occupancy will be limited to at least one member of the household 55 years of age or older with no children under 19 years of age in permanent residence, pursuant to the Federal Fair Housing Act.
I. 
Age-restricted affordable multifamily dwelling units area, yard and building requirements.
(1) 
Minimum lot area: 20,000 square feet per building.
(2) 
Density: 15 units per acre.
(3) 
Setback and bulk requirements:
(a) 
Minimum lot frontage: 120 feet.
(b) 
Minimum lot width (at building setback line): 120 feet.
(c) 
Minimum front yard from internal roadways: 25 feet.
(d) 
Minimum front yard from Schooley's Mountain Road: 100 feet.
(e) 
Minimum lot depth: 100 feet.
(f) 
Minimum side yard: 15 feet.
(g) 
Minimum rear yard: 25 feet.
(h) 
Maximum impervious coverage of lot (structures and paving): 60%.
(i) 
Maximum height: 35 feet and 2 1/2 stories.
(j) 
Minimum building setback from streets (curb or cartway): 30 feet.
(k) 
Minimum building setback from parking areas: 20 feet.
(l) 
Minimum spacing between buildings: 30 feet.
(4) 
Site improvement and parking requirements: as required by Residential Site Improvement Standards, N.J.A.C. 5:21.
[Added 2-16-2004 by Ord. No. 1-04]
A. 
Minimum tract area. The minimum tract area for the development shall be 25 acres under the ownership or control of a single entity and the subject of a development application.
B. 
Density. The maximum residential density shall be the lesser of 2.0 dwelling units per acre or 50 age-restricted housing units. If affordable housing units are to be constructed on the tract, the maximum residential density and the total number of dwelling units may be increased one for one to accommodate the affordable housing units. In no case shall more than 55 dwelling units be constructed on the tract.
C. 
Minimum tract frontage and width. The minimum tract frontage and width shall be 200 feet.
D. 
Minimum building setback from tract boundary. All buildings shall be located a minimum 25 feet from any tract boundary.
E. 
Minimum building setback from interior streets. All buildings shall be located a minimum of 15 feet from the curb line of any street located within the tract boundaries, except that the entrance to a garage shall be set back a minimum of 28 feet from the curbline.
F. 
Minimum distance between principal buildings. In the village age-restricted housing community, the minimum distance between residential buildings shall be as follows:
(1) 
The front of one building to the front of another building: 70 feet.
(2) 
The front of one building to the side of another building: 60 feet.
(3) 
The front of one building to the rear of another building: 70 feet.
(4) 
The side of one building to the side of another building (other than an attached unit): 20 feet.
(5) 
The side of one building to the rear of another building: 35 feet.
(6) 
The rear of one building to the rear of another building: 50 feet.
G. 
Application of area, yard and bulk requirements to individual dwelling lots. In the Village Age-Restricted Housing Overlay Zone, a dwelling unit may or may not be located on an individual lot. Individual lots may be created without regard to area or other bulk requirements, provided that there is compliance with all required setbacks from the tract boundary, from streets and between buildings. Building coverage, improved coverage and open space requirements shall be calculated only for the entire tract.
H. 
Permitted projections. Chimneys, bay windows, overhangs and other protrusions shall be permitted to encroach up to four feet, and decks and patios shall be permitted to encroach up to 10 feet within the required setbacks from the tract boundary and within the required areas between buildings. No such projections or encroachments, however, shall be permitted within required buffer areas, and no deck or patio shall be permitted to encroach within the required setback from interior streets.
I. 
Buffer areas. The applicant shall maintain a buffer area along the entire tract boundary. The buffer zone shall be no less than 15 feet in width and shall in all other ways conform to the regulations listed in § 159-41C, Buffers. No use or structure shall be permitted within the required buffer area, except for the following, and only when it is demonstrated by the applicant that such use and/or structures must be located within the buffer area in order to reasonably accommodate the permitted development:
(1) 
Fences, freestanding walls and retaining walls.
(2) 
Streets and other access improvements providing direct access to the tract from a roadway located outside the tract boundary.
(3) 
Drainage facilities and utility structures.
J. 
Maximum building coverage. The maximum coverage for all buildings on the tract shall be 10%.
K. 
Maximum improved lot coverage. The maximum improved coverage by all buildings and man-made improvements on the tract shall be 30%.
L. 
Common open space. At least 35% of the total land area of the tract shall be designed for and devoted to common open space. In computing the thirty-five-percent requirement, common recreation areas accessory to the residential use and required buffer areas shall be included, as well as the community building and any paved areas or buildings devoted to open space and recreational use. Excluded from the thirty-five-percent requirement shall be dwelling unit buildings, private driveways, roadways, parking areas and any area located within 10 feet of such buildings, roadways, private driveways and parking areas.
M. 
Open space and recreational improvements. Lands may be set aside for permanent open space in private ownership that shall include improvements for use by the residents as follows:
(1) 
A minimum of one community or clubhouse building containing at least 20 square feet of floor area for each dwelling unit.
(a) 
The community building may include, but not be limited to, a kitchen, offices, recreational and social activity rooms and a multipurpose room designed for social activities.
(b) 
The height of the community building shall not exceed two stories or 35 feet.
(2) 
A comprehensive internal pedestrian circulation system that includes access to adjacent residential neighborhoods.
(3) 
Nature trails.
N. 
Maximum building height. The maximum height of all buildings shall be no greater than 35 feet or 2.5 stories, except that buildings containing affordable housing as defined in N.J.A.C. 5: 94-8 may be 45 feet or three stories in height.
O. 
Maximum number of dwelling units per building. There shall be no more than four dwelling units within any building.
P. 
Parking. The number of parking spaces for the age-restricted dwelling units shall conform to the regulations listed in § 217-55.1D(14), Parking, except that the minimum length of the driveway space shall be reduced to 18 feet, exclusive of any sidewalk area.
Q. 
Utility and drainage improvements. All development within the overlay zone shall be served by municipal sewer and municipal water. All utility lines, including power, telephone and cable television lines, shall be installed underground and adequately shielded.
R. 
Emergency facilities. The layout of roads, buildings and parking areas shall be suitably designed to facilitate emergency access by police, fire-fighting and ambulance service vehicles.
S. 
Phasing plan. The developer shall submit a phasing plan that includes the proposed schedule of development, including the installation of improvements. Such plan shall be subject to the review and approval of the Planning Board.
T. 
Design standards. All other design standards shall be pursuant to the New Jersey Residential Site Improvement Standards.
U. 
Architectural Review. Development within the Village Age-Restricted Housing Overlay Zone shall be subject to architectural review by the Planning Board. Such review shall be guided by the following design objectives:
(1) 
Respect the village scale. While it is not practical to require authentic replication of architectural styles found in the village, streetscape facades should incorporate elements which reflect the historic development, including the rhythm and spacing of windows, roof pitches, use of exterior finish materials, staggered setbacks within individual buildings and similar features.
(2) 
All facades visible from a public right-of-way shall receive similar treatment .
(3) 
Roof shapes shall respect the vernacular style and shall not include the appearance of flat or mansard roofs.
V. 
Age restrictions for dwelling unit occupancy. Approval of an age-restricted community pursuant to this section shall require the placement of restrictive covenants, in a manner satisfactory to the Planning Board Attorney, on the deeds to all portions of a tract to insure that occupancy will be limited to at least one member of the household 55 years of age or older with no children under 19 years of age in permanent residence, pursuant to the Federal Fair Housing Act.
[Added 3-18-1996 by Ord. No. 6-96; amended 2-19-2007 by Ord. No. 5-07; 3-18-2019 by Ord. No. 04-19]
A. 
Subject to the limitations set forth in Subsection B hereinbelow, any existing single-family detached dwelling located in any single-family residential zone may be converted to contain not more than one affordable accessory apartment, provided that the following standards and conditions are met:
(1) 
At the time of the initial occupancy of the affordable accessory apartment and for at least 10 years thereafter, the affordable accessory apartment shall be rented only to a very-low-, low- or moderate-income household as those terms are defined in the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq., the applicable requirements of the Courts of the State of New Jersey and the applicable rules of the former New Jersey Council on Affordable Housing, including N.J.A.C. 5:93-1.1 et seq., as supplemented and amended.
(2) 
The affordable accessory apartment and the existing unit shall have separate doors with direct access to the outdoors.
(3) 
The gross area of the affordable accessory apartment shall be at least 350 square feet.
(4) 
The affordable accessory apartment shall have living/sleeping space, cooking facilities, a kitchen sink and a complete sanitary facility for the exclusive use of its occupants. It shall consist of not less than two rooms, one of which shall be a full bathroom, but shall have no more than two bedrooms.
(a) 
The affordable accessory apartment may be served by the same individual on-site septic system as the dwelling within which the affordable accessory apartment is created, however, the applicant for an affordable accessory apartment shall submit proof of Board of Health approval of the adequacy of the individual on-site septic system.
(5) 
At least one off-street parking space, in addition to the two required for the existing dwelling, shall be provided.
(6) 
The conversion shall not result in the placement of an additional door on the front facade of the structure.
(7) 
The applicant shall provide a plan for the proposed conversion which provides sufficient information for the Zoning Enforcement Officer to determine that all ordinance requirements will be met.
(8) 
The dwelling structure shall comply with all requirements for two-family dwellings in accordance with the New Jersey Building Code and all the laws and housing regulations of the state and the Township.
(9) 
There shall be a recorded deed or declaration of covenants and restrictions applied to the property upon which the affordable accessory apartment is located, running with the land and limiting the subsequent rental or sale of the affordable accessory apartment. The deed or declaration of covenants and restrictions shall be reviewed and approved by the Township Attorney prior to recording. The deed or declaration of covenants and restrictions must be recorded prior to issuance of a certificate of occupancy for the affordable accessory apartment. If the affordable accessory apartment is not occupied by a very-low-, low- or moderate-income household as required by Subsection A(1) above, then the affordable accessory apartment shall be removed and the structure shall comply with all requirements for a single-family detached dwelling applicable to the zone in which it is located.
(10) 
During the month of January of each year, the owner shall provide to the Zoning Enforcement Officer, on forms provided, a certification that the above standards and conditions are in effect.
B. 
Subject to the limitations set forth in Subsection C hereinbelow, any parcel of land located in any single-family residential zone may be improved to contain not more than one affordable accessory apartment located within the principal residential structure or in an accessory building on the parcel, provided that the following standards and conditions are met:
(1) 
There shall be a principal residential structure on the parcel which contains not more than one dwelling unit.
(2) 
At the time of the initial occupancy of the affordable accessory apartment and for at least 10 years thereafter, the affordable accessory apartment shall be rented only to a very-low-, low- or moderate-income household as those terms are defined in the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., the Uniform Affordability Controls, N.J.A.C. 5:80-26.1 et seq., the applicable requirements of the Courts of the State of New Jersey and the applicable rules of the former New Jersey Council on Affordable Housing, including N.J.A.C. 5:93-1.1 et seq., as supplemented and amended.
(3) 
The gross floor area of the affordable accessory apartment shall be at least 350 square feet, but shall not exceed 800 square feet. The affordable accessory apartment shall have a living/sleeping space, cooking facilities, a kitchen sink and a complete sanitary facility for the exclusive use of its occupants. It shall consist of not less than two rooms, one of which shall be a full bathroom, but shall have no more than two bedrooms.
(a) 
The affordable accessory apartment may be served by the same individual on-site septic system as the dwelling within which the affordable accessory apartment is created, however, the applicant for an affordable accessory apartment shall submit proof of Board of Health approval of the adequacy of the individual on-site septic system.
(4) 
The affordable accessory apartment may be located over an existing or proposed detached garage that serves, or is intended to serve, the principal residential structure on the parcel or may be located within an existing accessory building not used to meet the garage requirement for the principal residential use.
(5) 
In the case of the new accessory buildings, bulk requirements for the applicable zone shall be met.
(6) 
At least one off-street parking space, in addition to the two required for the existing principal dwelling on the parcel, shall be provided.
(7) 
The applicant shall provide a plan for the proposed development which provides sufficient information for the Construction Official to determine that all ordinance requirements will be met.
(8) 
There shall be a recorded deed or declaration of covenants and restrictions applied to the property upon which the affordable accessory apartment is located running with the land and limiting the subsequent rental or sale of the affordable accessory apartment. The deed or declaration of covenants and restrictions shall be reviewed and approved by the Township Attorney prior to recording. The deed or declaration of covenants and restrictions must be recorded prior to issuance of a certificate of occupancy for the affordable accessory apartment. If the affordable accessory apartment is not occupied by a very-low-, low- or moderate-income household as required by Subsection B(2) above, then the affordable accessory apartment shall be removed.
(9) 
During the month of January of each year, the owner shall provide to the Zoning Enforcement Officer, on forms provided, a certification that the above standards and conditions are in effect.
C. 
There shall be not more than one affordable accessory apartment created per lot.
D. 
The maximum number of affordable accessory apartments permitted under this section shall be the number that the Township is permitted to apply toward its fair share obligation in accordance with the applicable statutes, regulations and requirements of the courts of the State of New Jersey governing the Township's affordable housing obligation.
E. 
Building permit fees and all similar Township fees shall be waived in all cases involving affordable accessory apartment development under this section.
[Added 3-17-1997 by Ord. No. 9-97; amended 3-15-1999 by Ord. No. 4-99; 6-15-2009 by Ord. No. 14-09]
A. 
Wireless telecommunications antennas may be erected on existing buildings or structures, and an equipment compound may be constructed in support of such antennas consistent with the following requirements:
(1) 
Antenna arrays may be mounted on existing buildings or structures but shall not extend beyond the overall height of any such building or structure by more than 10% of the height of such building or structure.
(2) 
The equipment building or cabinet shall be situated within a solid wooden fence at least seven feet and no more than eight feet high as approved by the Township Engineer, which shall include a locking security gate.
(3) 
An equipment compound consisting of no more than 4,000 square feet in area and not more than 10 feet in height may be erected in support of such antenna arrays, provided that:
(a) 
It is situated behind existing structures, buildings or terrain features which will shield the compound from public view; or
(b) 
When a location out of public view is not possible, a landscape buffer of 20 feet in depth shall be provided around the compound to shield the facility from public view. Landscaping shall include evergreen trees at least eight feet high at the time of planting and planted in staggered double rows at 15 feet on center, or equivalent.
(c) 
Approval by the Planning Board shall consider any recommendation by the Shade Tree Commission.[1]
[1]
Editor's Note: See Ch. 3, Administration of Government, Art. XXII.
(d) 
It is located in accordance with the minimum accessory structure requirements of the zoning district in which it is located.
(4) 
Antennas installed according to these provisions shall be suitably finished and/or painted so as to minimize their visual impact on the landscape. Depending on the placement of this equipment, color should be selected to be consistent with the color scheme of the building or structure on which they are mounted, in order to blend with their surroundings. When this is not possible, color selection shall be designed to minimize the visual impact of the antenna arrays.
B. 
Wireless communications towers shall be located, designed and screened to minimize visual impact on residential areas and the public way through the use of stealth technology, whenever possible, including color and camouflaging, architectural treatment, landscaping and other available means, considering the need to be compatible with neighboring residences and the character of the community. Stealth tower and monopole structures shall be given preference.
(1) 
Towers shall either maintain a galvanized steel finish or, subject to any applicable FAA standards, be painted a neutral color, so as to reduce visual obtrusiveness.
(2) 
Tower design should take into consideration the preservation of scenic vistas and views of cultural and historical landmarks and of unique geographic and topographic features. Natural features such as trees, hilltops and views, natural terrain, open waters and ridgelines should be preserved whenever possible in locating and designing a tower. Towers shall further be designed and located to minimize impact on open space and green acres properties.
(3) 
Equipment buildings and equipment compounds shall comply with § 217-57A(2) and (3).
[Added 4-20-1998 by Ord. No. 7-98]
A. 
The purpose of this section is to permit and regulate the location, size and design of historic country inns in the Historic Preservation Overlay Zone. This Zone includes properties which represent a unique attribute to the Township, and which merit special planning consideration to maintain their viability. The use of these properties for historic inns can make a positive contribution to the use and enjoyment of the Township's natural and cultural resources, provided that the historic inns are compatible with existing historic buildings on the property, as well as the historic context in which they are located, and do not substantially impact the use and enjoyment of adjoining properties.
B. 
Historic inns are a permitted use in the Historic Preservation Overlay Zone, except for that portion of the Zone which lies in the R-20 District, subject to the receipt of a certificate of appropriateness from the Historic Preservation Commission and the following supplemental development standards:
(1) 
The lot on which the historic inn is proposed shall meet the required minimum lot size, lot frontage and lot width for the zoning district in which it is located, except that in no case shall the lot be less than three acres. The lot shall front on a paved collector or arterial road.
(2) 
The lot on which the historic inn is proposed shall have an historic building. The historic inn shall be situated in the historic building or buildings on the site, or the historic building or buildings shall be incorporated into the historic inn in a manner deemed to be appropriate by the Historic Preservation Commission. Subject to the foregoing, additions to the historic building shall be permitted, but no such addition shall be situated forward of the front facade of the historic building. The proposed historic inn development shall be subject to all applicable yard requirements for the zoning district in which the historic inn is situated. The maximum improved lot coverage for historic inns shall be 22%, regardless of the improved lot coverage standards for the zone district in question.
(3) 
The floor area of any additions to the historic building necessary for construction of the historic inn, shall not exceed 100% of the original floor area of the historic building, except that in no case shall the historic inn include more than 6,000 square feet of heated area, exclusive of porches, decks and accessory structures.
(4) 
The historic inn may have no more than 12 bedrooms, and the maximum length of stay for any guest shall be 30 days, within any ninety-day period.
(5) 
The historic inn shall have a resident manager who maintains a residence on the property, which shall not be counted as one of the 12 permitted bedrooms.
(6) 
Public dining room facilities are not permitted in historic inns located in residential zone districts; however, this section shall not prohibit such historic inns from providing breakfast for registered guests pursuant to § 217-75J. For historic inns located in nonresidential zones, public dining room facilities may be provided, at a ratio of three seats per guest bedroom, not to exceed 36 seats, subject to applicable state and local regulations. No alcoholic beverages shall be sold.
(7) 
Site planning and stormwater management planning shall consider innovative design techniques so that the historic character of the property is not negatively impacted by the proposed building addition.
(8) 
Where the proposed historic inn abuts a property in residential use, a minimum landscaped buffer of 50 feet shall be maintained between the proposed structure or parking lot and any side or rear lot line and all dining facilities shall be located at least 500 feet from any residence located on another lot.
(9) 
Off-street parking shall be provided at a ratio of one space for each guest bedroom, plus one space for every three seats in the dining room, provided that there is a public dining room, plus four spaces for use of the owner and/or employees.
(10) 
Off-street parking spaces shall be permitted only in the side or rear yard areas of the property. No parking is permitted in the front yard area.
(11) 
Each application shall be accompanied by a certification from the Washington Township Municipal Utilities Authority or the Hackettstown Municipal Utilities Authority that water and sewer facilities are available with capacity, or a certification from the Board of Health that the existing or proposed septic system and water supply are adequate for the proposed use.
(12) 
No cooking shall be permitted in any guest room.
(13) 
Historic inns shall be registered with pertinent governmental authorities, and shall be subject to applicable state and local regulations.
In the Carbonate Area District Overlay Zone:
A. 
No underground storage tanks for petroleum products shall be permitted in residential developments. All replacement tanks at residences shall be located above-ground or in basements.
B. 
No commercial business, except for service stations, shall be permitted underground storage tanks, unless public safety requires such underground installation. Commercial establishments which require underground tanks for safety according to state regulations shall install and monitor leak detection devices, and shall report the monitoring results to the Health Department on a quarterly basis.
C. 
No hazardous, toxic, chemical or petroleum waste shall be accepted for disposal at any site, except for the authorized acceptance of recycled vehicular oil.
[Added 6-18-2001 by Ord. No. 14-01]
A. 
General. Houses of worship shall be permitted in all zones when located on arterial or collector roads. In reviewing site plans for houses of worship, the Planning Board shall make particular note of ancillary uses such as social events, recreational activities, convocations and similar activities. Reasonable requirements shall be established to minimize any adverse impact on surrounding areas.
B. 
Schedule of area, bulk and buffer requirements for houses of worship. The following area, bulk and buffer requirements shall apply to houses of worship in all zones.
(1) 
Lot circle:1 450 feet.
(2) 
Lot area: five acres.2
(3) 
Lot frontage: 450 feet.
(4) 
Lot width: 450 feet.
(5) 
Lot depth: 500 feet.
(6) 
Front yard: 100 feet.3,4
(7) 
Side yard (each): 75 feet.3
(8) 
Rear yard: 200 feet.3
(9) 
Distance between buildings: 25 feet.3
(10) 
Maximum lot coverage: 40%.5
(11) 
Minimum landscaped buffer from parcel boundaries: 75 feet.6,7,8
NOTES:
1  Lot circle is the diameter of the largest circle which can be inscribed within the lot lines.
2  Measured within 600 feet of the street right-of way line.
3  Yard requirements shall apply to all principal and accessory buildings. Setbacks for other features shall be as follows:
(a)
Stormwater basins: 50 feet.
(b)
Recreational fields, playgrounds and parking in side and rear yards only: 75 feet. Lighted recreation fields are not permitted.
4  Or three times building height, whichever is greater. Building height shall be measured to the roof peak or top of roofline and does not include the height of the steeple.
5  For lots exceeding five acres, the permitted lot coverage shall be reduced by 1/2% per acre, except that no lot shall be required to have less than 22.5% lot coverage in accordance with the following schedule.
Lot Coverage Permitted for Houses of Worship
Lot Area Up to and Including
(Acres)
% of Lot Coverage Permitted
Lot Area Up to and Including
(Acres)
% of Lot Coverage Permitted
Lot Area Up to and Including
(Acres)
% of Lot Coverage Permitted
5
40
17
34
29
28
6
39.5
18
33.5
30
27.5
7
39
19
33
31
27
8
38.5
20
32.5
32
26.5
9
38
21
32
33
26
10
37.5
22
31.5
34
25.5
11
37
23
31
35
25
12
36.5
24
30.5
36
24.5
13
36
25
30
37
24
14
35.5
26
29.5
38
23.5
15
35
27
29
39
23
16
34.5
28
28.5
Above 39
22.5
6  A minimum landscaped buffer of 75 feet in width shall be provided in all residential zones and along any common property line with a residential zone or use, in accordance with § 159-31D. The minimum landscaped buffer may be reduced to 30 feet in nonresidential zones except where a property line adjoins a residential zone or residential use, in which case the required minimum landscaped buffer shall be 75 feet.
7  The minimum landscaped buffer shall be provided between parcel boundaries and all areas utilized by buildings, parking, driveways and other improved areas of the site, including outdoor recreation and activity areas.
8  The minimum landscaped buffer may be reduced to 50 feet between stormwater basins and parcel boundaries.
[Added 6-18-2001 by Ord. No. 14-01]
A. 
General. Public and private schools are herein defined as schools which meet the State of New Jersey's requirements for primary and secondary compulsory education. Schools shall be permitted in all zones when located on arterial and collector roads and shall contain sufficient land to meet the standards set forth in this section.
B. 
In evaluating the site plan for any proposed school, the reviewing board shall consider the impact on surrounding existing and future development of social and athletic events, traffic generation and noise, light and other nuisance characteristics. Appropriate safeguards shall be imposed to minimize these influences.
C. 
Schedule of area, bulk and buffer requirements for schools. The following area, bulk and buffer requirements shall apply to schools in all zones.
(1) 
Lot circle: 800 feet.
(2) 
Lot area: See Note2.
(3) 
Lot frontage: 500 feet.
(4) 
Lot width: 500 feet.
(5) 
Lot depth: 1,000 feet.
(6) 
Front yard: 200 feet.3,4
(7) 
Side yard (each): 125 feet.3
(8) 
Rear yard: 200 feet.3
(9) 
Distance between buildings: 50 feet.3
(10) 
Maximum lot coverage: 25%.
(11) 
Minimum landscaped buffer from parcel boundaries: 75 feet.6,7,8
NOTES:
1  Lot circle is the diameter of the largest circle which can be inscribed within the lot lines.
2  Lot area:
(a)
Elementary school: 30 acres.
(b)
Middle school: 50 acres.
(c)
High school: 75 acres.
(d)
Colleges: 100 acres.
3  Yard requirements shall apply to all principal and accessory buildings. Setbacks for other features shall be as follows:
(a)
Stormwater basins: 100 feet.
(b)
Recreational fields, playgrounds and parking in side and rear yard areas only: 150 feet. Lighted recreation fields are not permitted.
4  Or three times building height, whichever is greater.
5  Schools shall be permitted uses in all zones when located on arterial or collector roads only (not local roads).
6  A minimum landscaped buffer of 75 feet in width shall be provided in all residential zones and along any common property boundary line with a residential zone or use, in accordance with § 159-31D. The minimum landscaped buffer may be reduced to 30 feet in nonresidential zones except where a property line adjoins a residential zone or residential use, in which case the required minimum landscaped buffer shall be 75 feet.
7  The required minimum landscaped buffer shall be provided between all areas utilized by buildings, parking, driveways and other improved areas of the site including outdoor recreation and activity areas.
8  The minimum landscaped buffer may be reduced to 50 feet between stormwater basins and parcel boundaries.
[Added 10-21-2002 by Ord. No. 37-02]
A. 
In the C-2 Highway Business Zone where large scale retail uses are proposed, the following bulk regulations shall apply:
(1) 
Minimum lot area: 15 acres.
(2) 
Maximum floor area ratio: 25%.
(3) 
Maximum lot coverage: 60%.
(4) 
Minimum lot width: 300 feet.
(5) 
Minimum lot frontage: 300 feet.
(6) 
Minimum lot depth: 400 feet.
(7) 
Minimum front lot: 100 feet.
(8) 
Minimum rear yard: 95 feet.
(9) 
Minimum side yard: 50 feet each side.
(10) 
Maximum building height: 45 feet.
(11) 
Minimum parking setbacks.
(a) 
From building: 12 feet.
(b) 
From streets: 50 feet.
(c) 
From all property lines: 25 feet.
(d) 
From residential zone: 75 feet.
(e) 
From residential building: 125 feet.
B. 
Requirements for landscaped buffers/screens and berming.
(1) 
The minimum width of the landscaped buffer/screen shall be as follows:
(a) 
Front yard: 50 feet.
(b) 
Nonresidential use to residential use or zone in rear or side: 75 feet.
(c) 
Nonresidential use to nonresidential use in rear or side: 25 feet.
(2) 
The front yard landscaped buffer shall consist of the following minimum mix of canopy trees and shrubs for every 1,500 square feet of buffer area: Two canopy trees (large deciduous trees); and 10 shrubs (evergreen and/or deciduous) with a mature height that obscures vehicle headlights but does not obscure the view of buildings.
(3) 
The landscaped buffer/screen between a nonresidential use and a residential use or zone shall consist of the following minimum mix of canopy trees, understory trees and shrubs for every 1,500 square feet of buffer area: Two canopy trees (large deciduous trees); four understory trees (deciduous and/or evergreen trees that do not generally reach the mature height of the canopy trees); and 15 shrubs (evergreen and/or deciduous).
(4) 
The landscaped buffer/screen between nonresidential uses shall consist of the following minimum mix of canopy trees and understory trees for every 1,500 square feet of buffer area: Two canopy trees (large deciduous trees); and three understory trees (deciduous or evergreen trees that do not generally reach the mature height of the canopy trees).
(5) 
All portions of the landscaped buffer/screen not planted in canopy trees, understory trees, or shrubs shall be maintained in lawn area or ground cover.
(6) 
Where the rear or side of a nonresidential use abuts a residential use or zone a berm shall also be provided. The berm shall be a minimum of six feet in height, with a maximum side slope of 4:1 and a minimum top width of four feet.
C. 
Minimum parking requirements: Five spaces per 1,000 square feet of building floor area for large-scale retail sales uses.
D. 
General requirements.
(1) 
Buildings may contain up to 145,000 square feet of floor area and the lot may include more than one building.
(2) 
Multiple buildings on a lot shall provide staggered front and side setbacks with a minimum offset of 10 feet. The minimum distance between buildings shall be at least 20 feet.
(3) 
Common driveways between lots shall be provided where feasible.
(4) 
Parking areas shall be designed to provide interconnections with parking areas on adjoining lots.
(5) 
The finish treatment of walls shall be the same on all sides.
(6) 
Walls shall be extended to the highest point of rooftop mechanicals so as to shield rooftop mechanicals from all sides. The walls shall incorporate sound-proofing materials so as to mitigate the noise generated by any rooftop mechanicals.
E. 
Design standards. All site plan applications which include a retail component of 40,000 square feet or more must comply with the following retail design standards. The following standards are to be used by developers proposing retail developments of 40,000 square feet or more, whether such retail space is freestanding or incorporated as part of a larger mixed use development. These requirements are intended to reduce the massive scale and uniform impersonal appearance of large retail buildings.
(1) 
Facades and exterior walls. Facades should be articulated to reduce the massive scale and the uniform, impersonal appearance of large retail buildings and provide visual interest that will be consistent with the community's identity, character and scale. All building facades which are visible from adjoining properties and/or public streets shall comply with the following requirements:
(a) 
Facades greater than 100 feet in length, measured horizontally, shall incorporate wall plane projections or recesses having a depth of at least 3% of the length of the facade and extending at least 20% of the length of the facade. No uninterrupted length of any facade shall exceed 100 horizontal feet.
(b) 
Ground floor facades that face public streets shall have arcades, display windows, entry areas, awnings, or other such features along no less than 60% of their horizontal length.
(c) 
Building facades must include a repeating pattern that shall include no less than three of the elements listed below. At least one of these elements shall repeat horizontally. All elements shall repeat at intervals of no more than 30 feet, either horizontally or vertically.
[1] 
Color change.
[2] 
Texture change.
[3] 
Material module change.
(d) 
Expression of an architectural or structural bay through a change in plane no less than 24 inches in width, such as an offset, reveal, or projecting rib.
(e) 
The minimum setback for any building facade shall be 35 feet from the property line. Where the facade faces adjacent residential uses, an earthen berm, no less than six feet in height, containing, at a minimum, evergreen trees planted at intervals of 20 feet on centers or in clusters or clumps shall be provided.
(2) 
Roofs. Roof features should be used to complement the character of adjoining neighborhoods. The following standards are intended to create variations in roofline to add interest to, and reduce the massive scale of large buildings. Roofs shall have no less than two of the following features:
(a) 
Parapets concealing flat roofs and rooftop equipment, such as air-handling units, from public view. The average height of such parapets shall not exceed 15% of the height of the supporting wall and such parapets shall not at any point exceed 1/3 of the height of the supporting wall. Such parapets shall feature three-dimensional cornice treatment.
(b) 
Overhanging eaves, extending no less than three feet past the supporting walls. Sloping roofs that do not exceed the average height of the supporting walls, with an average slope greater than or equal to one foot of vertical rise for every three feet of horizontal run and less than or equal to one foot of vertical rise for every one foot of horizontal run.
(c) 
Three or more roof slope planes.
(3) 
Materials and colors. Exterior building materials shall be aesthetically pleasing, compatible with materials and used in adjoining neighborhoods. The following standards are intended to ensure that exterior building materials compose a significant part of the visual impact of a building.
(a) 
Predominant exterior building materials shall be high quality materials. These include, without limitation:
[1] 
Wood.
[2] 
Sandstone.
[3] 
Exterior insulation and finish systems (EIFS).
[4] 
Native stone.
[5] 
Tinted, textured, concrete masonry units.
(b) 
Facade colors shall be low reflectance, subtle, neutral or earth tone colors. The use of high intensity colors, metallic colors, black or fluorescent colors is prohibited.
(c) 
Building trim and accent areas may feature brighter colors, including primary colors, but neon tubing shall not be an acceptable feature for building trim or accent areas.
(d) 
Predominant exterior building materials should not include the following:
[1] 
Smooth-faced concrete block.
[2] 
Tilt-up concrete panels.
[3] 
Prefabricated steel panels.
(4) 
Customer entrances. Entryway design elements and variations should give orientation and aesthetically pleasing character to the building. Large retail buildings should feature multiple entrances. Multiple building entrances reduce walking distances from cars, facilitate pedestrian and bicycle access from public sidewalks, and provide convenience where certain entrances offer access to individual stores, or identified departments of a store. Multiple entrances also mitigate the effect of unbroken walls and neglected areas that often characterize building facades that face bordering land uses.
(a) 
Each principal building on a site shall have clearly defined, highly visible customer entrances featuring no less than three of the following:
[1] 
Canopies or porticos.
[2] 
Overhangs.
[3] 
Recess/projections.
[4] 
Arcades.
[5] 
Raised corniced parapets over the door.
[6] 
Peaked roof forms.
[7] 
Arches.
[8] 
Outdoor patios.
[9] 
Display windows.
[10] 
Architectural details such as tile work and moldings which are integrated into the building.
[11] 
Integral planters or wing walls that incorporate landscaped areas and/or places for sitting.
(b) 
Where additional stores will be located in the principal building, each such store shall have at least one exterior customer entrance which shall conform to the above requirements.
(c) 
All sides of a principal building that directly face a public street that abuts the site shall feature at least one customer entrance. Where a principal building directly faces more than two public streets abutting the site, this requirement shall apply to two sides of the building, including the side of the building facing the primary street, and another side of the building facing a second street.
(5) 
Parking lots.
(a) 
Parking areas should provide safe, convenient and efficient access. They should be distributed around large buildings in order to shorten the distance to other buildings and public sidewalks, and to reduce the overall scale of the paved surface. Landscaping is an important element in parking lot design. Landscaping can be used to define parking areas, primary vehicular drives and pedestrian areas in an aesthetically and environmentally pleasing manner.
(b) 
No more than 50% of the off-street parking area for the entire property shall be located between the front facade of the principal building(s) and the primary abutting street.
(6) 
Outdoor storage, trash collection and loading areas. Loading areas and outdoor storage areas exert visual and noise impacts on surrounding neighborhoods. These areas, when visible from adjoining properties and/or public streets, should be screened, recessed or enclosed. While screens and recesses can effectively mitigate these impacts, the selection of inappropriate screening materials can exacerbate the problem. Appropriate locations for loading and outdoor storage areas include areas between buildings, where more than one building is located on a site and such buildings are not more than 40 feet apart, or on those sides of buildings that do not have customer entrances.
(a) 
Areas for outdoor storage, truck parking, trash collection or compaction loading, or other such uses shall not be visible from abutting streets.
(b) 
No areas for outdoor storage, trash collection or compaction, loading, or other such uses shall be located within 20 feet of any public street, public sidewalk, or internal public pedestrianway.
(c) 
Loading docks, truck parking, outdoor storage, utility meters, HVAC equipment, trash collection, trash compaction, and other service functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impact of these functions are fully contained and out of view from adjacent properties and public streets, and no attention attracted to the functions by the use of screening materials that are different from or inferior to the principal materials of the building and landscape.
(d) 
Nonenclosed areas for the storage and sale of seasonal inventory shall be permanently defined and screened with walls and/or fences. Materials, colors, and design of screening walls and/or fences and the cover shall conform to those used as predominant materials and colors on the building. If such areas are to be covered, then the covering shall conform to those used as predominant materials and colors on the building.
(7) 
Pedestrian flows. Pedestrian accessibility opens autooriented development to the neighborhood, thereby reducing traffic impacts and enabling the development to project a friendlier, more inviting image. This section sets forth standards for public sidewalk and internal pedestrian circulation systems that can provide user-friendly pedestrian access as well as pedestrian safety, shelter, and convenience within the center grounds.
(a) 
Sidewalks at least eight feet in width shall be provided along all sides of the lot that abut a public street.
(b) 
Continuous internal pedestrian walkways, no less than eight feet in width, shall be provided from the public sidewalk or right-of-way to the principal customer entrance of all principal buildings on the site. At a minimum, walkways shall connect focal points of pedestrian activity such as, but not limited to, transit stops, street crossings, building and store entry points, and shall feature adjoining landscaped areas that includes trees, shrubs, benches, flower beds, ground covers, or other such materials for no less than 50% of its length.
(c) 
Sidewalks, no less than eight feet in width, shall be provided along the full length of the building along any facade featuring a customer entrance, and along any facade abutting public parking areas. Such sidewalks shall be located at least six feet from the facade of the building to provide planting beds for foundation landscaping, except where features such as arcades or entryways are part of the facade.
(d) 
Internal pedestrian walkways provided in conformance with Subsection E(7)(b) above shall provide weather-protection features such as awnings or arcades within 30 feet of all customer entrances.
(e) 
All pedestrian walkways internal to the site shall be distinguished from driving surfaces through the use of durable, low maintenance surface materials such as pavers, bricks, or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways.
(8) 
Central features and community spaces. Buildings should offer attractive and inviting pedestrian scale features, spaces and amenities. Entrances and parking lots should be configured to be functional and inviting with walkways conveniently tied to logical destinations. Pedestrianways should be anchored by special design features such as towers, arcades, porticos, pedestrian light fixtures, bollards, planter walls, and other architectural elements that define circulation ways and outdoor spaces. Examples of outdoor spaces are plazas, patios, courtyards, and window-shopping areas. The features and spaces should enhance the building and the center as integral parts of the community fabric.
(a) 
Each retail establishment subject to these standards shall contribute to the establishment or enhancement of community and public spaces by providing at least two of the following. Any such areas shall have direct access to the public sidewalk network and such features shall not be constructed of materials that are inferior to the principal materials of the building and landscape.
[1] 
Patio/seating area;
[2] 
Pedestrian plaza with benches;
[3] 
Transportation center;
[4] 
Window-shopping walkway;
[5] 
Outdoor playground area;
[6] 
Kiosk arm;
[7] 
Water feature;
[8] 
Tower; or
[9] 
Other such deliberately shaped area and/or focal feature or amenity that, in the judgment of the Planning and/or Zoning Board, adequately enhances such community and public spaces.
(9) 
Delivery/loading operations.
(a) 
Delivery and loading operations should not disturb adjoining residential neighborhoods, or other uses.
(b) 
No delivery, loading, trash removal or compaction, or other such operations shall be permitted between the hours of 10:00 p.m. and 7:00 a.m. unless the applicant submits evidence that sound barriers between all areas for such operations effectively reduce noise emissions to a level of 45 dB or less, as measured at the lot line of any adjoining property.
(10) 
Aesthetic character. Where principal buildings contain additional, separately owned stores which occupy less than 25,000 square feet of gross floor area, with separate, exterior customer entrances:
(a) 
The street level facade of such stores shall be transparent between the height of three feet and eight feet above the walkway grade for no less than 60% of the horizontal length of the building facade of such additional stores.
(b) 
Windows shall be recessed and should include visually prominent sills, shutters or other such forms of framing.
(11) 
Required drawings. A minimum of two transverse sections through the entire site are required in addition to plans and drawings normally required. The sections should be drawn to the same scale as the site plan. Sections should be selected to show the height and relationships of structures on the site as well as important topographical features, and structures on any abutting property within 100 feet of the site.
[1]
Editor's Note: Former § 217-59.4, Cluster and lot averaging subdivisions, added 11-15-2004 by Ord. No. 26-04, was repealed 5-16-2005 by Ord. No. 18-05, which ordinance also provided: "except that this repeal shall not apply to any subdivision application filed prior to May 1, 2005, and the provisions of this section, as in effect prior to the effective date of this ordinance, shall be applicable to those applications."
[Added 7-17-2006 by Ord. No. 14-06]
A. 
Purpose. It is the purpose of this section to identify standards for the development of municipally sponsored multifamily rental housing in the OR Office Research Zone.
B. 
Municipally sponsored multifamily affordable rental housing shall be permitted in the OR Office Research Zone in accordance with the following requirements:
(1) 
The developer of multifamily affordable rental housing shall submit to the Planning Board a written agreement between the Township of Washington and the developer to construct affordable rental housing. The developer may provide a letter of intent issued by the Township Committee or a memorandum of agreement between the developer and the Township Committee to construct multifamily affordable rental housing.
(2) 
The lot upon which multifamily affordable rental housing is to be constructed shall be served by public water and sewer service.
(3) 
More than one principal building containing affordable rental dwellings shall be permitted per lot.
(4) 
There shall be a maximum of four dwelling units per building.
(5) 
Multifamily affordable rental buildings should, to the extent possible, be designed using materials that are similar and arranged to be architecturally consistent with residential dwellings in the neighborhood in which the multifamily housing is to be constructed. The Board shall give consideration to architectural style, building height, and exterior appearance to determine consistency with the residential neighborhood.
(6) 
The multifamily affordable rental development shall conform to the following area and yard requirements:
Minimum lot area
30,000 square feet
Lot frontage
75 feet
Lot width
Interior lot
150 feet
Corner lot
175 feet
Principal building
Front yard
25 feet1
Side yard
One
15 feet
Both
30 feet
Rear yard
20 feet
Accessory building2
Side yard
10 feet
Rear yard
10 feet
Distance between buildings
10 feet
Maximum percentage improved lot coverage
70%
1Where an existing residence adjoins the subject parcel, the setback may be reduced to less than 25 feet on the subject parcel, but not less than the setback of the adjoining residence.
2Accessory buildings and parking may not be constructed any closer to a public road than the minimum required front yard setback. Parking may be set back not less than the accessory building setback along interior property boundaries and otherwise shall conform to the requirements of § 159-39, Site plan design details.
(7) 
All first floor affordable dwelling units shall meet barrier-free code and applicable accessibility code requirements, including adaptability requirements of the Fair Housing Act.
(8) 
All affordable dwelling units shall conform to minimum square footage requirements in accordance with the New Jersey Council on Affordable Housing rules and regulations and applicable codes.
(9) 
One third of the required parking shall be provided in garages, which shall include a roof and at least three walls.
(10) 
A perimeter landscaped buffer not less than 10 feet in width shall be provided along all interior property lines. A landscaped hedge shall be provided along property lines adjoining public roads. The ten-foot landscaped buffer may be reduced in width where, in the opinion of the Planning Board, an alternative width will establish a continuous landscaped screen along interior property lines. An even mix of deciduous and coniferous trees shall be provided. At the time of planting, deciduous trees within the landscaped buffer shall be not less than 11 feet to 13 feet in height; and coniferous trees shall be not less than eight feet in height. Shrubs shall be 18 inches to 24 inches in height at the time of planting. In addition to the plantings required, the Planning Board may require the installation of a fence, such as a stockade fence, within the landscaped buffer. The Planning Board may require off-site plantings along property boundaries in connection with the required buffer. Along property lines adjoining public roads, the Planning Board may require the installation of a fence, such as a post and rail fence, adjacent to the landscaped hedge.
[Added 4-20-2020 by Ord. No. 03-20]
The purpose of the Route 46 C-1 Neighborhood Business Zone Multifamily Rental Housing Overlay Development Option (MFRO) is to provide an alternative development option for this area within the C-1 Zone that has close proximity and convenient access to community commercial services for market-rate workforce and affordable households that can benefit from the location.
A. 
Principal permitted uses.
(1) 
Market-rate and affordable housing multifamily rental apartments in accordance with the standards and ratios set forth below.
(2) 
100% affordable rental apartment housing.
B. 
Accessory permitted uses.
(1) 
Off-street parking.
(2) 
Storage buildings necessary and incidental to accommodate storage needs of the affordable rental apartments.
(3) 
Signs, in accordance with Article VI of this Chapter and Chapter 159, Site Plan Review, Article VI, § 159-32, Signs.
(4) 
Essential utilities.
C. 
Conditional permitted uses: none.
D. 
Affordable unit ratio (percentage of affordable units to total number of rental apartments): 22.5%.
(1) 
Except to the extent modified herein, the affordable units shall conform in all respects with the requirements of Article VIII, applicable UHAC standard regulations and N.J.A.C. 5:93-1 et seq.
E. 
Bulk requirements for multifamily rental apartments.
(1) 
Rental apartments may be provided in one or more buildings on a lot. Buildings may be multifamily garden-style apartments or townhomes.
(2) 
Minimum lot size: 20,000 square feet.
(3) 
Minimum frontage: 75 feet.
(4) 
Minimum width: 100 feet.
(5) 
Setbacks.
(a) 
Minimum front yard:.
[1] 
Route 46: 20 feet.
[2] 
Drakestown Road: 40 feet.
(b) 
Minimum side yard.
[1] 
To residential lot: 15 feet.
[2] 
To nonresidential lot: 10 feet.
(c) 
Rear yard: 30 feet.
(6) 
Maximum building height: 40 feet/three-stories.
(7) 
Improved lot coverage: 70%.
[Amended 8-16-2021 by Ord. No. 12-21[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection E(8), regarding floor area ratio, which immediately followed this subsection.
F. 
Parking. On-site parking shall be provided in accordance with New Jersey residential site improvement standards.
(1) 
Parking setbacks:
(a) 
Public street or road: 10 feet.
(b) 
Side lot line: 15 feet.
(c) 
Apartment building: five feet.
(d) 
Townhome: zero feet.
G. 
Buffering. A buffer consisting of a fence, evergreen trees and shrubs, earthen berm or a combination of the three shall be provided along all lot lines. Where sight distance considerations require setbacks from public streets and roads, the buffer location shall be adjusted accordingly.
H. 
Lighting. A comprehensive lighting plan shall be provided in accordance with this Chapter and Chapter 159 Site Plan Review, Article VI, § 159-30, Lighting.
(1) 
The source of lighting shall be directed downward, away from buildings and adjoining streets and property lines.
(2) 
Lighting fixtures shall be so arranged that the direct source of light is not visible from any adjacent property.
(3) 
Lighting fixture specifications shall indicate that lighting used throughout the tract shall emit light in the range of 2800°K to 3000°K.
(4) 
Lighting fixtures used throughout the tract shall be thematically coordinated with similar styles and lighting sources.
(5) 
All lighting shall be subject to an in-service lighting inspection by the Planning Board Engineer. Where deemed necessary and appropriate by the Engineer to minimize the view of light sources from off-site or from adjacent residential uses within the development, lighting fixtures shall be adjusted or fitted with house-side shields to reduce glare and brightness, and any direct view of a light source from off-site.
I. 
Access and circulation, shared maintenance. Internal roads, driveways and parking shall be privately owned and maintained.
(1) 
Shared driveways, internal access roads and maintenance shall be provided between and among lots within the R-46 MFRO District. Internal access and circulation driveways shall be designed to maximize off-street driveway connectivity among lots and maximize the use of common driveways.
(a) 
As a condition of any approval that may be granted, the Planning Board shall require future common access and maintenance agreements among adjoining lots as such development evolves over time.
(b) 
Draft common access and shared maintenance agreements shall be submitted for approval by the Planning Board Attorney and Township Attorney.
J. 
Stormwater management. All development shall comply with Chapter 170, Stormwater Control. Public water and sewer required.
(1) 
Each development shall be served by and connected to the public potable water supply.
(2) 
Each development shall be served by and connected to the public wastewater collection and treatment system.
[Added 4-21-2025 by Ord. No. 05-25]
In accordance with N.J.S.A. 40A:12A-1 et seq. this section provides development standards prepared pursuant to Washington Township Committee Resolution No. R-112-15, dated July 20, 2015, designating the Kings Highway Redevelopment Area and directing the Planning Board to prepare a redevelopment plan for the redevelopment of Block 30, Lots 70, 70.01, and 70.02. The Kings Highway Redevelopment Area is depicted on Attachment A[1] (attached hereto) and consists of Block 30, Lots 70, 70.01, 70.02 and a portion of Lot 70.03. Inclusionary residential development shall be permitted within the Redevelopment Area in a manner substantially consistent with the Concept Plan depicted on Attachment B,[2] entitled "Highlands Exemption Conceptual Site Plan," prepared by E&LP, dated 8-11-2022, last revised 6-18-2024, and in accordance with the standards set forth herein.
A. 
Purpose. The purpose of this section is to guide the redevelopment of only Block 30, Lots 70, 70.01 and 70.02, for redevelopment that will result in a neighborhood of apartments and townhouses, including on-site improvements and amenities, in furtherance of the goal of delivering affordable housing through inclusionary zoning in accordance with the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq., and the Mount Laurel doctrine.
B. 
Principal permitted uses.
(1) 
Townhouse residential units as part of an inclusionary housing neighborhood provided no townhouse building contains more than eight units and provided at least one affordable unit is constructed on site for every four market rate units.
(2) 
Stacked multifamily affordable rental apartment residential units in buildings containing no more than 25 units.
C. 
Permitted accessory uses.
(1) 
Off-street parking.
(2) 
Patios and decks.
(3) 
Monument sign.
(4) 
Building-mounted signs for identification and emergency services.
(5) 
Recreational uses and residential amenities including, but not limited to, common open spaces, walking paths, gazebos, tot lots, gardens, a clubhouse, swimming pool, maintenance building(s) and other structures.
(6) 
Leasing/maintenance office.
(7) 
Solid waste/recycling areas.
(8) 
Accessory buildings or structures required for maintenance and operations.
(9) 
Electronic vehicle charging stations.
(10) 
Stormwater management basins and associated structures.
(11) 
Water supply hot boxes, architecturally designed to be compatible with building architecture and appropriately landscaped to shield such uses from view on and off site.
(12) 
Mailboxes, architecturally designed to be compatible with building architecture and with a roof and sufficient overhang for protection from the elements.
D. 
Principal building area and yard requirements.
(1) 
Minimum tract size: 40 acres.
(2) 
Minimum front yard from ROW: 500 feet; minimum side yard: 100 feet.
(3) 
Minimum rear yard from northerly tract line: 40 feet.
(4) 
Maximum improved lot coverage: as permitted under Highlands Exemption #4.
(5) 
Maximum building coverage: 20%.
(6) 
Minimum distance between buildings (side to side): 25 feet; minimum distance between buildings (rear to rear): 40 feet; minimum distance between decks: 20 feet.
(7) 
Maximum building length: 250 feet.
(8) 
Minimum townhouse facade offset: two feet between units; minimum apartment facade offset: at least two feet offset every 50 feet.
(9) 
Maximum building height: 40 feet, except that the maximum permitted height of units situated within interior blocks of the development may not exceed 45 feet in height.
(10) 
Maximum stories: three.
E. 
Development standards.
(1) 
Proposed impervious coverage shall not exceed 125% of the preexisting impervious coverage on the site.
(2) 
Rental apartments and for-sale townhouses shall only be developed as an inclusionary residential development with a 20% affordable housing set aside of the total number of dwelling units to be constructed. All affordable units shall be restricted to occupancy by persons/households pre-qualified in advance of occupancy, as having income levels that do not exceed very-low-income, low-income and moderate-income levels established for Affordable Housing Region 2 in accordance with the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq., as amended by P.L. 2024, c. 2., the regulations established by the Council on Affordable Housing (COAH) Rules, the Uniform Housing Affordability Controls (UHAC) and any new or amended rules/regulations promulgated by any Department of New Jersey government, including the Department of Community Affairs (DCA), and the Township's Affordable Housing Ordinances, each as may be amended from time to time hereinafter.
(a) 
All first-floor affordable dwelling units shall meet barrier-free code and applicable accessibility code requirements, including adaptability requirements of the Fair Housing Act.
(b) 
All affordable dwelling units shall conform to minimum square footage requirements in accordance with the Fair Housing Act, the Uniform Housing Affordability Controls (UHAC) and all other applicable rules, regulations and codes.
(c) 
All affordable dwelling units shall be deed restricted for a period of at least 40 years, with the Township reserving and retaining the right to extend the affordability control period for each affordable unit for an additional length of time in accordance with then applicable law within a reasonable period of time after the initial affordability control period is set to end.
(3) 
Prior to any certificate of occupancy being issued, the owner/developer and/or the owner/developer's successors-in-interest or title to the property shall first obtain from the Township Attorney the Township of Washington's approved affordable housing deed restriction. The owner/developer and/or the owner/developer's successors-in-interest or title shall execute the affordable housing deed restriction in favor of the Township of Washington, and record the affordable housing deed restriction in the chain of title for the property in the office of the Morris County Clerk.
(4) 
A formalized arrangement of access and parking for at least five vehicles including one van-accessible handicap space shall be provided adjacent to the Musconetcong River to enhance hiking and fishing access.
(5) 
A perimeter walking path shall be developed around the site connecting the pedestrian sidewalks in the neighborhood to the river, the configuration of which shall be subject to Board approval.
(6) 
The development shall provide not less than a 1/4 acre cleared lawn area or areas for open play.
(7) 
A fenced tot lot shall be provided with:
(a) 
A handicap accessible path to neighborhood sidewalks;
(b) 
A pavilion for shade and outdoor seating with trash receptacles; and
(c) 
A facility including at least 1,500 square feet enclosed by a fence with play features to support a range of activities for tots, and children consisting of weather-resistant play equipment which shall include climbing and sliding activities and which provides equipment for at least three additional activities such as swinging, spinning, balancing, jumping, hanging, creative play, crawling, hiding, rocking, rolling, bouncing, digging, sand and water play.
(d) 
Play apparatus shall comply with applicable government agency requirements for playground design and safety. (See http://playgroundsafety.org/standards/cpsc.) Design and construction of playgrounds shall conform to the requirements of the Americans with Disabilities Act (ADA).
(8) 
Sidewalks shall be provided on at least one side of all streets. Sidewalks shall be a minimum of four feet in width and shall be separated from the curb by a four-foot-wide planting strip.
(a) 
There shall be a minimum setback distance of 22 feet between the nearest finished front plane of each dwelling unit and the edge of sidewalk.
(9) 
The driveway length between the garage door and the edge of pavement shall be:
(a) 
At least 26 feet where no sidewalk exists; and
(b) 
At least 25 feet between the garage door and the sidewalk.
(10) 
More than one principal building or structure shall be permitted per lot.
(11) 
The developer will be required to comply with any and all studies, including but not limited to environmental studies, required by the Township's land use Code provisions and the Municipal Land Use Law.[3]
[3]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(12) 
Electric vehicle charging facilities shall be provided in accordance with law.
(13) 
Emergency generators:
(a) 
Permanent electric generators shall be permitted for only affordable housing units for emergency electric power in the case of electric power failure.
(b) 
Permanent emergency electric generator installations shall not be permitted except that the affordable housing units shall be provided with a permanent electric generator to fully power the affordable housing apartment building in the case of electric power outage.
(14) 
The emergency fire access lane on the west side of the tract extending to Kings Highway shall be maintained and suitably improved as may be necessary for emergency and firefighting apparatus access between Kings Highway and the development.
F. 
Concept Plan. The design of the inclusionary development shall be substantially consistent with the Concept Plan, titled "Highlands Exemption Conceptual Site Plan," prepared by John Hansen, P.E., of Environmental & Land Planning (E&LP), dated August 11, 2022, last revised June 18, 2024, (hereinafter referred to as "Concept Plan" and attached hereto as Attachment B).[4]
[4]
Editor's Note: The Highlands Exemption Conceptual Site Plan is included as an attachment to this chapter.
[1]
Editor's Note: Said depiction of the Kings Highway Redevelopment Area is included as an attachment to this chapter.
[2]
Editor's Note: The Highlands Exemption Conceptual Site Plan is included as an attachment to this chapter.