Township of Mine Hill, NJ Article XXIII District Regulations

§ 310-166 Single-Family District (SF).

A. Permitted principal uses.

(1) Single-family dwellings.

B. Accessory uses.

(1) Private garages as regulated by § 310-137, parking in a driveway, except as prohibited by § 310-195, home occupations as defined in this chapter, swimming pools, signs as permitted by Article XXIX, accessory uses as defined in this chapter which are customarily found as accessories to a single-family residence. No accessory structures shall be located in a front yard or within 10 feet of any side or rear lot line.

(2) The minimum acreage for the keeping of farm animals shall be two acres. The keeping or grazing of farm animals is permitted, provided that there shall be a minimum of two acres for the keeping of the first animal and an additional minimum of one acre for each additional animal. Keeping or maintaining fowl shall require two acres for up to 20 fowl and an additional acre for each additional group of 20 fowl or fraction thereof. If there are animals and fowl both maintained on the same premises, the minimum lot size shall commence at five acres. The keeping of animals shall also be subject to the restrictions set forth in Chapter 145, Article I, Keeping of Animals, of the Code of the Township of Mine Hill.

C. Conditional uses. The following uses shall be permitted only after review and approval by the Planning Board in accordance with the regulations governing the approval of conditional uses as set forth in Article XXIV:

[Amended 3-6-2014 by Ord. No. 07-14]

(1) Public utility structures and essential services;

(2) Churches and similar places of worship;

(3) Cluster subdivisions;

(4) Public schools; and

(5) Planned age-restricted communities (PARC) in the overlay district consisting of the following properties in excess of five acres:

[Amended 2-21-2019 by Ord. No. 04-19]

Block 202	Lot 1
Block 303	Lot 1
Block 1705	Lot 13
Block 2002	Lot 1

(6) Multifamily inclusionary communities (MFIC-1) are permitted conditional uses on the following property in the Overlay Zone:

[Added 2-21-2019 by Ord. No. 04-19]

Block 2004

Lot 1

D. Bulk requirements.

(1) The SF District bulk requirements shall vary according to the following classifications:

(a) SF-1 Classification: (only on-site water and sewer available).

(b) SF-2 Classification: (public water available).

(c) SF-3 Classification: (public sewer available).

(d) SF-4 Classification: (public water and sewer available).

(2) Minimum lot area.

(a) Every residential lot in SF-4 (public water and sewer system) shall have a minimum area of 20,000 square feet.

(b) Every residential lot in SF-3 (public sewer only available) shall have a minimum lot area of 25,000 square feet.

(c) Every residential lot in the SF-2 (public water only available) shall have a minimum lot area of 30,000 square feet.

(d) Every residential lot in the SF-1 (on-site water only and on-site sewer only available) shall have a minimum lot size of 40,000 square feet.

(3) Lot width shall be 100 feet, except that a lot having on-site water and on-site sewer shall have a width of 150 feet.

(4) Front yard setback.

(a) The principal building on lots in SF-4 shall have a front yard setback of 40 feet.

(b) On lots in SF-1, SF-2 and SF-3, the principal building shall have a setback of 50 feet from the lot line.

(5) Lots in SF-2, SF-3 and SF-4 shall have two side yards totaling 30 feet, with any side yard being at least 15 feet. Lots in SF-1 shall have two side yards totaling 40 feet with any side yard being at least 20 feet.

(6) Rear yard. Lots in SF-4 shall have a rear yard of 25 feet. Lots in SF-1, SF-2 and SF-3 shall have a rear yard of 35 feet.

(7) Maximum percent of lot coverage for lots in SF-1 shall be 20%; lots in SF-2, SF-3 and SF-4 shall be 25%.

(8) Maximum height: 2 1/2 stories and 35 feet.

(9) Buffering, if required by Article XX.

E. Other requirements. (Reserved)

§ 310-167 Residential Townhouse District (TH).

A. Principal permitted uses.

(1) Single-family dwellings subject to the same conditions as provided in the SF Zone.

(2) Townhouses.

(a) Purpose.

[1] The Township of Mine Hill desires to promote concepts of modern design, construction technology and planning methods as well as advance and promote the sound growth, land reclamation and general welfare of the Township; strengthen and sustain its economic potentials; provide safe, efficient economic delivery of municipal services; establish appropriate patterns for the distribution of population in a variety of accommodations, coordinated with the protection and enhancement of natural beauty and resources, and in harmony with their surroundings, both within and without the Township; and provide a variety of housing types associated to the age and income levels of residents.

[2] In order to carry out the foregoing and to locate such developments upon the most suitable land in view of environmental constraints and the extent of mined land, and in order to insure that sound planning goals are met for the potential use of the land and to prevent piecemeal and disorderly development of large tracts of ground within the Township; to protect existing uses and to insure provisions for light, air and open space and the prevention of overcrowding of land or buildings; to secure the health, morals and general welfare and for the better securing of adequate municipal, utility and other necessary functions, the following criteria and procedures for multifamily developments are established.

(b) General location. Multifamily developments shall be located in relation to water lines, storm and surface drainage systems, sanitary sewers (if available) and other utility systems and installations. Multifamily developments shall also be located with respect to necessary public facilities (as for example schools, parks and playgrounds) as to have reasonable access to such facilities.

B. Accessory uses.

(1) Private garages.

(2) Common swimming pool to be used by entire complex.

(3) Signs, as permitted by Article XXIX.

(4) Accessory uses subordinate to and customarily incidental to the principal permitted use.

C. Conditional uses. The following uses shall be permitted only after review and approval by the Planning Board in accordance with regulations governing the approval of conditional uses as set forth in Article XXIV:

(1) Public utility structures and essential services;

(2) Churches and similar places of worship;

(3) Cluster subdivisions; and

(4) Public schools.

D. Bulk requirements.

(1) Minimum lot size: 10 acres.

(2) Minimum lot width: 300 feet.

(3) Required front yard: 75 feet from a public street or 20 feet from a private street.

(4) Side yards must total 80 feet, and any one side yard may be 40 feet.

(5) Rear yard: 60 feet.

(6) Space between buildings: 50 feet.

(7) Maximum lot coverage: 60%.

(8) Building height: 2 1/2 stories and 35 feet.

(9) Buffering, if required by Article XX.

E. Other requirements for townhouses.

(1) Site considerations.

(a) The site shall be suitable for development in the manner proposed, without hazards to persons or property, on or off the tract, from probability of flooding, erosion, cave-ins, subsidence or slipping of the soil, or other dangers, annoyances, or inconveniences. Condition of soil, groundwater level, drainage and topography shall all be appropriate to both kind and pattern of use intended.

(b) Projects submitted for the exclusive use of condominium ownership shall not be considered lots and shall not require subdivision approval.

(2) Project densities.

(a) The maximum permitted net project area density as a matter of right in all planned developments shall be as shown in the following Table 2, subject to compliance with other public health and safety standards, including, but not limited to, sewage disposal, potable water availability and quality, steep slopes, etc.:

	Table 2
	Gross Project Density (residential units per acre)
	PRD Class Townhouse
	On-Site Sewer and Water	Public Water Only	Public Water and Sewer
	0	3.0	6.0

(b) Bedroom mix. The distribution of bedrooms per dwelling unit for multifamily dwelling units shall be in accordance with the following schedule:

	Townhouse Size
	1 Bedroom	2 Bedrooms	3 Bedrooms
	2% to 20%	20% to 80%	10% to 30%

(3) Accessory uses. Accessory uses which are customarily incidental to said use, such as but not limited to the following, shall be permitted on the same lot:

(a) Private car garages.

(b) Swimming pools for use by development.

(c) Recreation areas and incidental structures accessory thereto.

(d) No accessory structure shall be permitted in the front yard setback area.

(4) Minimum floor area. No dwelling unit shall have a floor area less than 800 square feet. No two- or more bedroom dwelling unit shall have a floor area of less than 950 square feet.

(5) Minimum bulk requirements. A townhouse dwelling lot shall have a minimum total lot area of 2,000 square feet and a minimum lot width of 20 feet. The minimum width of the end lot in a townhouse row shall be 30 feet and a minimum lot area of 3,000 square feet.

(6) Spacing requirements. No townhouse dwelling structure shall have more than four contiguous townhouse dwelling units located on the same setback line and at least four and not more than eight dwelling units in a townhouse dwelling structure. Furthermore, there shall be a minimum of 50 feet between structures.

(7) Recreational requirements. See § 310-168E(3) for recreational requirements.

(8) Patios. Each townhouse dwelling unit shall have an individual private patio area of not less than 300 square feet in size, having no single dimension of less than 25 feet, and shall be designed for the recreational use of the occupants of the dwelling unit. Adequate visual screening from neighboring dwelling units, patios, adjacent parking areas and roadways shall be provided which may consist of plantings, masonry structures or wood fencing. Architectural elements such as masonry walls and fences shall be compatible in both style and materials with the dwelling unit of which it is a part.

(9) Minimum off-street parking requirements. Two spaces shall be required per unit, one of which shall be in a garage. No off-street parking lots shall contain more than 20 contiguous spaces without providing a landscaped area to separate parking sections.

(10) Driveways. Driveways leading to garages shall not be computed as a parking space for compliance with the provision of this subsection.

(11) Access. No townhouse may have direct access onto a public right-of-way.

(12) Buffers. All townhouse developments shall provide a fifty-foot-wide buffer area in the front yard or abutting a public right-of-way.

(13) Additional parking. A minimum of 1.5 off-street parking spaces, including garages, shall be required for each dwelling unit. An additional number over and above these required spaces shall be provided as off-street visitor parking spaces which shall comply in all other respects with other standards of this subsection so that the total parking provided shall be two spaces for each dwelling unit.

(a) Each parking area shall contain no more than 50 vehicle spaces and shall be adequately lighted either with wall mounted or post-mounted ornamental fixtures.

(b) No off-street parking spaces or detached garages shall be located closer than seven feet to the principal building and no principal building shall have off-street parking areas on all sides of the building.

(c) No off-street parking area shall be located closer than 10 feet to a side or rear property line.

(14) Garages. If garages are provided, they shall have a floor space area of not less than 240 square feet and such a garage may be built into the dwelling structure or separately constructed as herein provided. Each group of attached garages shall be no more than one story in height. The architectural design and materials used in the construction thereof shall conform to the design and building materials used in the construction of other buildings and structures. No part of any garage or other accessory building shall be used for living purposes.

(15) Minimum size of recreational areas.

(a) The following recreational requirements shall be met and developed with facilities suitable to serve the residents of the dwelling units. Said facilities shall be located so as not to be detrimental to adjacent property owners by virtue of noise, light, glare and any other objectionable features emanating therefrom:

[1] Minimum size of any one recreational area shall be 10,000 square feet; however, no accessory structure shall be placed in the front yard setback area.

[2] Five percent of the gross area shall be developed for recreational purposes for projects up to 10 acres.

[3] Eight percent of the gross area shall be developed for recreational purposes for projects up to 20 acres.

[4] Ten percent of the gross area shall be developed for recreational purposes for projects over 20 acres.

(b) The recreational areas and the open space related to these recreational areas may be offered to the Township for dedication, having the Township reserve the right to reject such offer.

(16) Landscaping, lighting and solid waste enclosures.

(a) All multifamily developments shall be provided with professionally designed and executed landscaping. Areas not utilized for parking areas, driveways, streets and roads, recreational facilities, patios or terraces shall be provided with lawns or other suitable growing ground cover, trees and shrubs. Evergreen screening shall be provided in appropriate areas as set forth in §§ 310-77, 310-79 and 310-85; screening to be no less than four feet high when planted. In addition, the Planning Board may, if conditions warrant, require supplemental screening by a solid fence up to six feet in height and/or landscaping.

(b) All multifamily developments shall provide a fifty-foot-wide landscaping screen, with earth berms or combination thereof, within the front yard setback area of the lot. The Planning Board may require, however, that the buffer area be maintained in its natural state if the existing vegetation is uniquely suited as a landscaping screen.

(c) Shade trees shall be provided along walks, driveways, parking areas, streets, and roads. They shall be planted at a minimum of 50 feet apart, of a species approved by the Township Planner or Environmental Commission if required, and be 2 1/2 inches in caliper; balled and burlapped when installed.

(d) Lighting shall be provided every 150 feet apart along streets, driveways and in parking areas.

(e) Solid waste enclosures shall be constructed of a similar material and in a similar design to the structure to which it serves.

(17) Buffers. Buffers shall be in compliance with Article XX.

(18) Services. No outside area or equipment shall be provided for hanging of laundry or the outside airing of laundry in any manner. Sufficient area and equipment shall be made available within each building for the laundering and artificial drying of laundry of the occupants of each building. Waste materials and garbage must be privately disposed of by a method approved by the Township.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(19) Site plan review. Before any building permit shall be issued, site plan approval shall be granted. The site plan shall comply with all provisions and regulations of this subsection.

(20) Vehicular circulation. Streets, drives, parking and service areas shall provide safe and convenient access to dwelling units and project facilities and for service and emergency vehicles but streets shall neither be so laid out as to encourage outside traffic to traverse the multifamily development on minor streets nor occupy more land than is required to provide required access nor create unnecessary fragmentation of the PRD into smaller blocks. In general, block size shall be the maximum consistent with use and shape of the site and the convenience and safety of the occupants.

(21) Pedestrian and cyclist circulation.

(a) Concrete walkways shall form a logical, safe and convenient system for pedestrian access to all dwelling units, project facilities and principal off-site pedestrian destinations and shall be a minimum four feet in width. Where appropriate, bikeways may be provided instead of sidewalks. Provision of bikeways along streets shall be made upon determination and requirement of the Planning Board.

(b) Maximum walking distance in the open between dwelling unit and parking spaces, delivery areas and trash and garbage storage areas intended for use of occupants shall normally not exceed 200 feet. Walkways to be used by substantial numbers of children as play areas or routes to school or other destinations shall be so located and safeguarded as to minimize contacts with normal automotive traffic. If substantial bicycle traffic is anticipated, bicycle paths shall be incorporated in the circulation system.

(c) Street crossings shall be held to a minimum on the walkways, shall be located and designed to provide safety and shall be appropriately marked and otherwise safeguarded. Walkways may be combined with other easements and used by emergency or service vehicles but shall not be used by other automotive traffic.

(22) Aesthetic considerations. A multifamily development shall provide for safe, efficient, convenient and harmonious groupings of structures, uses and facilities. Natural features such as lakes, rocks, outcrops, streams, topsoil, trees, and shrubs shall be preserved and incorporated into the landscaping and site layout of the PRD to the maximum extent feasible. All multifamily structures should be arranged in small identifiable groups or clusters particularly where such structures adjoin public areas or open space. Buildings shall be so located and oriented as to interfere as little as is reasonably practicable with principal views from other residential districts or from important public viewpoints.

(23) Staging.

(a) The number of dwelling units and square footage of nonresidential uses which may be constructed by the developer during any year may be regulated by the Planning Board at a rate so as not to create excessive demands on any municipal facility or service available to serve the areas proposed for development. Such development as may be allowed pursuant herein shall be controlled by means of the issuance of building permits at a rate allowed by the Planning Board at time of preliminary approval, based upon the projected development.

(b) All existing development upon completion of each approved stage shall be substantially self-functioning and self-sustaining with regard to traffic circulation, access, utility services, off-street parking and loading, open space and other PRD requirements.

§ 310-168 Residential Townhouse District (TH-1).

A. Principal permitted uses.

(1) Single-family dwellings, subject to the same conditions as provided in the SF Zone.

(2) Townhouses, subject to the regulations set forth in this section.

B. Accessory uses.

(1) Private garages.

(2) Common swimming pool to be used by entire complex.

(3) Signs, as permitted by Article XXIX.

(4) Accessory uses subordinate to and customarily incidental to the principal permitted use.

(5) Recreation areas subject to the provisions of § 310-167E(15).

C. Conditional uses. The following uses shall be permitted only after review and approval by the Planning Board in accordance with regulations governing the approval of conditional uses set forth in Article XXIV:

(1) Public utility structures and essential services.

(2) Churches and similar places of worship.

(3) Cluster subdivisions.

(4) Public schools.

D. Bulk requirements.

(1) Minimum lot size: 10 acres.

(2) Minimum lot width: 300 feet.

(3) Required front yard: 75 feet from a public street or 20 feet from a private street.

(4) Side yards must total 80 feet, and any one side yard may be 40 feet.

(5) Rear yard: 60 feet.

(6) Space between buildings: 50 feet.

(7) Maximum lot coverage: 60%.

(8) Building height: 2 1/2 stories and 35 feet.

(9) Buffering, if required by Article XX.

E. Other requirements.

(1) Project densities.

(a) The maximum permitted townhouse and stack dwelling units per acre for this zone shall be four dwelling units per gross acre, provided that development projects for townhouse and stacked units shall be served by central water and central sewer facilities as approved by the NJ DEP. Single-family units are permitted under the same standards provided in the Single-Family (SF) Zone. A maximum of 800 dwelling units shall be permitted on the entire tract herein designated as the TH-1 Zone.

(b) The distribution of housing type for the development maximum of 800 dwelling units shall be in accordance with the following schedule:

	Use Class	Townhouse	Stacked	Single-Family
	TH-1 Residential Townhouse	25% to 95%	0% to 60%	5% to 25%

(c) Nothing herein shall be construed to require development of more than one class of dwelling units or any further development beyond the maximum permitted number of units of each class.

(d) The distribution of bedrooms per dwelling unit for multifamily units shall be in accordance with the following schedule:

	Use Class	1 Bedroom	2 Bedrooms	3 Bedrooms
	TH-1 Townhouse	0% to 40%	10% to 40%	0% to 10%
	TH-1 Stacked (lower level)	50% to 65%	35% to 90%	0% to 15%
	TH-1 Stacked (upper level)	0% to 40%	10% to 90%	0%

(2) Development standards.

(a) No accessory structure shall be permitted in the minimum required front yard setback area except fences, mailboxes, driveways and similar structures.

(b) A one-bedroom multifamily unit shall have a minimum livable floor area of 650 square feet. A two-bedroom unit shall have a minimum livable floor area of 800 square feet. A three-bedroom unit shall have a minimum livable floor area of 975 square feet.

(c) Where applicable, any fee ownership of townhouse lot shall have a minimum total lot area of 2,000 square feet and a minimum lot width of 20 feet per unit. The minimum lot width of the end unit in a building row shall be 30 feet and have a minimum lot area of 3,000 square feet.

(d) No structure shall have more than four contiguous dwelling units located along a single building line. Each structure shall have at least four and not more than 16 dwelling units total.

(e) There shall be a minimum distance between structures and between structures and property lines. This minimum distance shall be as follows:

[1] Windowless wall to windowless wall: 20 feet.

[2] Window wall to windowless wall: 30 feet.

[3] Window wall to window wall:

[a] Front to front: 75 feet.

[b] Rear to rear: 50 feet.

[c] End to end: 30 feet.

[4] Any building face to new right-of-way: 25 feet.

[5] Any building face to existing right-of-way, collector, or arterial road: 25 feet.

[6] Front building face to common parking area: 20 feet.

[7] Rear of side building face to common parking area: 15 feet.

[8] Any building face to existing property line of a Single-Family Zone: 75 feet.

[9] Any building face to existing property line of a nonresidential zone: 25 feet.

(f) Each fee simple townhouse lot shall have an individual private patio area of not less than 200 square feet in size and shall be designed for the use of the occupants of the dwelling unit. Adequate visual screening from neighboring dwelling units, patios, adjacent parking areas and roadways shall be provided which may consist of plantings, masonry structures or wood fencing. Architectural elements such as masonry walls and fences shall be compatible in both style and materials with the dwelling unit of which it is a part.

(g) Minimum off-street parking requirements.

[1] One-bedroom unit: 1.5 parking spaces per unit.

[2] Two-bedroom unit: 2.0 parking spaces per unit, one of which shall be in a garage, except in such cases where good cause is shown to the satisfaction of the Planning Board to allow an exception from the said garage requirement.

[3] Three-bedroom unit: 2.25 parking spaces per unit, one of which shall be in a garage except in such cases where good cause is shown to the satisfaction of the Planning Board.

[4] Parking for commercial uses shall be as provided in the C Zone.

[5] Parking for single-family uses shall be as provided in the Single-Family Zone.

[6] No off-street parking lots shall contain more than 20 contiguous spaces without providing a landscaped area to separate parking sections.

(h) No common off-street parking spaces shall be located closer than seven feet to the principal structure, and no principal structure shall have off-street parking areas immediately adjacent to all sides of the structure.

(i) Garages shall have a floor space area of not less than 240 square feet, and such a garage may be built into the dwelling structure or separately constructed. Groups of attached garages shall be of no more than one story in height. The architectural design and materials used in the construction thereof shall conform to the design and structure materials used in the construction of other structures. No part of any garage or other accessory structure shall be used for living purposes.

(j) Driveways leading to garages shall not be computed as a parking space unless an additional 25% above the total required number of parking spaces is provided in common parking areas.

(k) No single-family or townhouse private driveway may have direct access onto a public right-of-way existing at the time this chapter is enacted.

(l) The structure length shall be limited to 200 feet.

(m) In all cases, dwelling units shall be designed to have the outside appearance of a single-dwelling unit lying in a vertical plane and not appear as one unit located above another unit. This may require that the design incorporate one front shared access to service two or more dwelling units.

(n) All developments shall provide a seventy-five-foot-wide buffer area surrounding the perimeter of the tract where the common property line abuts a residential zone; however, a buffer will not be required where a single-family use abuts a Single-Family Zone. The required buffer shall be reduced to 25 feet where the common property line abuts a nonresidential zone.

(o) There shall be no parking and no structures permitted in the required perimeter buffer area other than access roads and utilities.

(p) Landscaping, lighting and solid waste enclosures. The application shall provide professionally designed and executed landscaping for the project. Areas not utilized for parking areas, driveways, streets and roads, recreational facilities, patios or terraces shall be provided with lawns or other suitable ground cover, trees and shrubs, or left undisturbed and preserved. Evergreen screening shall be provided in appropriate areas as set forth in Article XX; screening to be no less than four feet high when planted. In addition, the Planning Board may require supplemental screening by a solid fence up to six feet in height and/or landscaping.

[1] The project shall provide a fifty-foot-wide landscaping screen, with fences, earth berms or combination thereof, within the buffer area. The Planning Board may require, however, that the buffer area be maintained in its natural state if a site inventory of existing vegetation reveals that the existing vegetation is suited as a landscaping screen.

[2] Shade trees shall be provided along streets and roads. Appropriate species shall be planted at a minimum of 50 feet apart.

(q) Lighting shall be provided every 150 feet apart along streets, driveways and in parking areas.

(r) Solid waste enclosures shall be constructed of a similar material and in a similar design to the structure to which it serves. Waste materials and garbage must be disposed of by a method approved by the Township.

(s) No outside area or equipment shall be provided for hanging of laundry or the outside airing of laundry in any manner.

(t) Pedestrian and cyclist circulation.

[1] Concrete walkways are required and shall form a logical, safe and convenient system for pedestrian access to all dwelling units, project facilities and principal off-site pedestrian destinations and shall be a minimum four feet in width. Where appropriate, bikeways may be provided instead of sidewalks. Provision of bikeways along streets may be made upon determination and requirement of the Planning Board.

[2] Maximum walking distance between any structure with dwelling units and parking spaces, delivery areas and trash and garbage storage areas intended for use of occupants shall normally not exceed 200 feet. Walkways to be used by substantial numbers of children as play areas or routes to school or other destinations shall be so located and safeguarded as to minimize contacts with normal automotive traffic.

[3] Street crossings shall be held to a minimum on the walkways, shall be located and designed to provide safety and shall be appropriately marked and otherwise safeguarded. Walkways may be combined with other easements and used by emergency service vehicles but shall not be used by other automotive traffic.

(u) Aesthetic considerations. The development shall provide for safe, efficient, convenient and harmonious groupings of structures, uses and facilities. Natural features such as lakes, rocks, outcrops, streams, topsoil, trees, and shrubs shall be preserved and incorporated into the landscaping and site layout of the development to the maximum extent feasible. All structures should be arranged in small identifiable groups or clusters particularly where such structures adjoin public areas or open space. Structures shall be so located and oriented as to interfere as little as is reasonably practicable with principal views from other residential districts or from important public viewpoints.

(3) Open space; recreation.

(a) A minimum of 30% of the required acreage of the tract (based on density) shall be dedicated to open space. No more than 50% of said required open space shall be of lands which exhibit slopes in excess of 25%, floodplain, floodway, wetland, wetland transition area characteristics, mining areas not rendered safe for occupancy or use.

(b) Active recreational areas shall not be located over areas which have not been rendered safe pursuant to this chapter.

(c) A minimum of 30% of the lands required to be dedicated for open space shall be devoted to active recreation, including such facilities as playgrounds, walking trails and tennis courts. All recreational facilities must meet the requirements established by the Americans With Disabilities Act.[1]

[1] Editor's Note: See 42 U.S.C. § 12101 et seq.

(d) In order to provide flexibility in design, should the proposed development consist of a number of stages, the Board may require that acreage proportionate in size to stage being considered for final approval be set aside simultaneously with the granting of final approval for that particular stage, even though these lands may be located in a different section of the overall development.

(e) Passive and active recreational areas may be offered to the Township or dedicated to a homeowners' organization or trust and incorporated in the bylaws. If these recreational areas are not dedicated and accepted by the Township, the landowner shall provide for and establish an open space organization or trust for the ownership and maintenance of all the common lands. Such organization or trust shall not be dissolved, nor shall it dispose of any common lands by sale or otherwise.

(f) If the applicant proposes that the recreational areas within the common lands be dedicated to the Township, the Board shall forward such request with its recommendation to the Township Council prior to the granting of preliminary site plan approval of any development application containing such recreational lanes.

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

(h) In the event that the organization created for common lands and/or recreational land management shall fail to maintain any common land or recreation area in a reasonable order and condition in accordance with the approved site plan, the Township may serve notice upon such organization or upon the owners of the development, setting forth the manner in which the organization has failed to maintain such areas in a reasonable condition. Said notice shall include a demand that such deficiencies of maintenance must be cured within 30 days thereof and shall be held within 15 days of the notice. At such hearing, the Township may modify the terms of the original notice as to deficiency and may give an extension of time not to exceed 65 days within such time the deficiency shall be cured.

[1] If the deficiency set forth in the original notice or in the modification thereof shall not be cured within said 30 days or any extension thereof, the Township, in order to preserve the common lands and/or recreational land and maintain the same for the period of one year, may enter upon said lands and maintain same. Said entry and said maintenance shall not vest the public in any rights to use the recreation areas except when same is voluntarily dedicated to the public by the owners.

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

[3] The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the common lands and/or recreational land in accordance with the assessed value at the time of imposition of the lien and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the Township in the same manner as other taxes.

[4] Any common land organization or trust initially created by the developer shall clearly describe, in its bylaws, the rights and obligations of the homeowners and tenants in the residential development, and the Articles of Incorporation of the organization shall be submitted for review by the Board prior to the granting of final approval by the Township.

§ 310-169 Residential Affordable Housing Zone (RAH).

A. Principal permitted uses.

(1) Senior citizen housing.

(2) Townhouses for low- and moderate-income families.

B. Accessory uses.

(1) Private garages.

(2) Signs as permitted by Article XXIX.

(3) Accessory uses customarily incidental to the principal permitted use.

C. Conditional uses.

(1) (Reserved)

D. Mandatory set-asides/comprehensive development required.

(1) Subdivision and site plan approval for developments within the RAH District shall be denied, unless the developer complies with the obligation to provide affordable housing pursuant to this article, except that improvements to agricultural operations shall be exempt from the provisions of this article.

(2) Up to 20% of the units in each development shall be set aside and made available at prices qualifying the units at low-income and moderate-income units. Of those units, 50% shall be low-income units and 50% shall be moderate-income units, except that the Planning Board, upon recommendation of the Mine Hill Housing Board, may modify this requirement when financial and other factors make this infeasible.

(3) The RAH Zoning District shall be developed pursuant to a comprehensive development plan for no less than the entire tract, and no approval shall be granted for any preliminary development application for less than the entire tract.

(4) No lot within an RAH Zoning District may be subdivided even if no improvements are proposed thereto, unless a declaration of covenants and restrictions showing how the entire tract will be developed in compliance with the requirements of this article is approved by the Planning Board and filed with the County Clerk. All owners of the subdivided lots shall be bound by such declaration unless they jointly submit a development application covering the entire district and complying with all the requirements of this chapter.

E. Provisions applicable to low- and moderate-income units. The following provisions shall apply to low- and moderate-income units provided pursuant to this article:

(1) Compliance with requirements pertaining to the low and moderate- income units; applicant's agreement with respect to compliance. The applicant shall offer low- and moderate-income units for sale in the manner prescribed in this article and in the implementing regulations of the Mine Hill Township Housing Board and to otherwise comply with the requirements of this article and shall include in the written agreement required by this chapter.

(2) Minimum percentage of low- and moderate-income units required. Fifty percent of units provided by each applicant shall be low-income units and 50% shall be moderate-income units, except that the Planning Board, upon recommendation of the Mine Hill Township Housing Board, may modify this requirement when financial or other factors make this infeasible.

(3) Sighting of the low- and moderate-income units. The low- and moderate-income units shall be situated so as not to be positioned in less desirable locations than the other units in the development and shall be no less accessible to the common open space, public facilities, public transportation, and shopping facilities than the other units.

(4) Number of bedrooms in the low- and moderate-income units.

(a) The bedroom mix of the low- and moderate-income units shall reasonably reflect the distribution of household sizes in the low- and moderate-income population in the region as determined by the Mine Hill Township Housing Board, except that the Planning Board, upon the recommendation of the Mine Hill Township Housing Board, may modify this requirement in light of the location and nature of the development, the existing need, and the bedroom mix of other low- and moderate-income units in the Township.

(b) New construction units for low- and moderate-income families shall conform to the requirements for bedroom mix at the following bedroom distribution schedule for the low- and moderate-income units as prescribed by COAH:

[1] A minimum of 35% shall be two-bedroom units.

[2] A minimum of 15% shall be three-bedroom units.

[3] A maximum of 20% may be efficiency units.

(c) It is the intention of the Township to seek a 50-50 proportion between low-income and moderate-income families for these units.

(5) Minimum floor areas of the low- and moderate-income units.

(a) The design of low- and moderate-income units shall exceed the Minimum Property Standard published by the United States Department of Housing and Urban Development. In addition, minimum floor area for lower income units shall be as follows:

[1] Efficiency units: 425 square feet.

[2] One-bedroom units: 550 square feet.

[3] Two-bedroom units: 700 square feet.

[4] Three-bedroom units: 900 square feet.

(b) Further provided, however, that the Planning Board may reduce the minimum floor area required if the unit design can be shown to meet or exceed reasonable habitability and health standards.

(6) Provision of the low- and moderate-income units when developed in stages.

(a) The low- and moderate-income units shall be constructed in tandem with the non-lower-income units according to the following schedule:

	Non-Low- and Moderate-Income Unit (percentage)	Low- and Moderate-Income Unit (percentage)
	Up to 25%	0% (none required)
	25% +1 unit	At least 10%
	Up to 50%	At least 25%
	Up to 75%	At least 50%
	75% + 1 unit	At least 75%
	Up to 90%	100%

(b) The schedule shall refer to the issuance of the certificates of occupancy by the Township Building Official.

(7) Calculation of number of units. If the number of low- and moderate-income units to be provided includes a fraction, the number shall be rounded up. If the number of non-low- and moderate-income units permitted includes a fraction, the number shall be rounded down.

(8) Permitted signs for Residential Affordable Housing Zone: see Article XXIX.

F. Revocation and withholding of permits. In the event that the applicant does not construct and sell the low- and moderate-income units in accordance with its approved development plan and the terms within this chapter, the development enforcement officer shall revoke the development permit or development certificates of occupancy and withhold the issuance of subsequent development certificates of occupancy until the development is brought into compliance.

G. Applications for preliminary approval. In addition to the requirements regulating applications for preliminary approval, the following information shall be shown on or shall accompany the application for preliminary approval:

(1) If the development is to include low- or moderate-income units, data on or accompanying the preliminary plat showing which dwellings are to be low-income units, and which are to be moderate-income units, and describing the location, floor area and layout of the low- and middle-income units and of the other units.

(2) In the case of a development which contemplates construction in phases, a staging plan setting forth the applicant's plan for phasing the development.

(3) The applicant shall submit with the application for development a narrative description of the mechanism to be used to insure that the required affordable dwelling units are sold only to low- and moderate-income households and that such units will continue to be occupied by low- and moderate-income households for a period not less than 30 years. In addition to such description, actual samples of language to be included in the nature of covenants shall be submitted. The submitted description shall indicate the entity or entities responsible for monitoring the occupancy of the low- and moderate-income units and shall provide a detailed discussion concerning resales, permitted increases in price, prequalification of occupants and other relevant considerations.

(4) Such other information as may be required by the Planning Board for purposes of determining the applicant's compliance with the requirements of this article.

H. Applications for final approval. In addition to the requirements regulating applications for final approval, the following information shall be shown or shall accompany the application for final approval:

(1) A written agreement approved by the Township Attorney in which the applicant agrees to construct no less than the number of low- and moderate-income units required by the terms of the preliminary approval and to comply with the provisions of this article pertaining to such units. The agreement shall specify the number, type, floor area, number of bedrooms, and location of any low- and moderate-income units. It shall also contain a detailed plan for staging construction of all dwelling units in the development. The agreement shall be in recordable form and shall be signed by the applicant and by any other persons whose signatures or consents are required in order to impose these obligations as an affirmative covenant running with the land. The agreement shall be recorded in the office of the County Clerk, and a copy of the recorded agreement certified by the County Clerk shall be furnished to the Township by and at the cost and expense of the applicant after the approval of the final plat. The terms of the agreement may not be modified except with the approval of the Planning Board granted after a public hearing.

(2) A declaration of covenants and restrictions duly executed in final and recordable form, subject to and in accordance with the terms of the preliminary approval, including provisions to assure that any low- and moderate-income units will be initially sold in accordance with the requirements of the division as implemented by the Mine Hill Township Housing Board and imposing covenants and restrictions running with those units to assure that subsequent resale or rental will also be subject to the requirements of this section as implemented by the Planning Board. The declaration shall also specify by reference of the final plat and, if applicable, the master deed the units or lots which are to be subject to these restrictions. The declaration shall be recorded in the office of the County Clerk, and a copy of the recorded declaration certified by the County Clerk shall be furnished to the Township by and at the cost and expense of the applicant after the approval of the final plat.

I. Mine Hill Township Housing Board. The Mine Hill Township Housing Board was created together with the RAH Residential Affordable Housing District by Ordinance No. 435-90, approved July 26, 1990. The provisions relating to the creation and powers of this Board are set forth in § 7-79, Housing Board, of this Code.

§ 310-169.1 Residential Affordable Housing Zone (RAH-2).

[Added 2-21-2019 by Ord. No. 04-19]

A. Principal permitted uses.

(1) Apartment units as defined in § 310-4 of the Code of the Township of Mine Hill.

B. Accessory uses.

(1) Streets, roadways and driveways.

(2) Off-street surface parking and attached or detached garages.

(3) Sanitary sewer pump stations.

(4) Stormwater management facilities.

(5) Site identification signs.

(6) Trash enclosures.

(7) Site utilities.

(8) Construction office and/or trailer for the duration of the construction of the project.

(9) Recreational facilities and uses including walking paths, recreational furniture, exercise facilities, tot lots, and other recreational facilities typically associated with a multifamily residential development.

(10) Community mailboxes.

(11) Other uses customarily incidental and accessory to a multifamily residential development.

C. Minimum tract size: five acres.

D. Maximum density. The RAH-2 District shall permit a maximum of 60 multifamily dwelling units.

E. Affordable housing requirements.

(1) The applicant shall provide for a 20% inclusionary component for very-low-, low- and moderate-income households. All affordable units shall comply with the Township's Affordable Housing Ordinance, the Uniform Housing Affordability Controls (UHAC), applicable COAH affordable housing regulations including but not limited to phasing and bedroom distribution requirements, any applicable order of the Court, and other applicable laws.

(2) Affordable units shall be integrated with the market-rate units.

(3) All affordable units shall be family rentals. The market-rate units may be for sale or for rent.

(4) All affordable units shall be subject to deed restrictions on income limits for a period not less than 30 years.

F. Area, yard, bulk and architectural requirements. The following are the area, yard, bulk and architectural requirements:

(1) Area and yard requirements:

(a) The maximum building coverage shall be 10%.

(b) The maximum impervious coverage shall be 35%.

(c) The maximum building height shall be 48 feet.

(d) The maximum number of stories of a building shall be four.

(2) Residential building setbacks:

(a) The minimum distance to the tract boundary for any building shall be 50 feet.

(b) The minimum distance from a building to a parking area or driveway shall be 10 feet.

(3) Accessory structure building height: Accessory structures shall comply with the height requirements outlined in § 310-132 of the Land Use Ordinance.

(4) Other bulk requirements:

(a) Signs, utilities, access roads, driveways, sidewalks, walking trails, and other similar accessory uses or structures may be located in all yard areas.

(b) Lands with slopes in excess of 15% shall be exempt from the provisions in §§ 310-148 and 310-149 of the Land Development Ordinance. In addition, lands with slopes in excess of 25% are exempt from the provisions in § 310-74 of the Land Use Ordinance.

(c) The maximum number of bedrooms in a market rate apartment unit shall be two.

G. Additional requirements for RAH-2 communities. The following requirements shall not be considered to be use requirements, and relief therefrom shall not require 'c' or 'd' variances from the Planning Board:

(1) Parking requirements:

(a) Parking for the apartment units shall be provided in accordance with the requirements in the Residential Site Improvement Standards (N.J.A.C. 5:21-4.14 et seq.).

(b) Parking stalls for guests and visitors must be provided in addition to that required under Subsection G(1)(a) above. Guest and visitor parking shall be provided at a rate of 0.2 parking stalls per apartment unit.

(c) Off-street surface parking areas shall be setback from the tract boundary at least 40 feet.

(d) Off-street surface parking areas facing external property lines shall be screened with landscape materials to prevent headlight glare from projecting off-site.

(2) Permitted signage:

(a) One monument sign adjacent to the site entrance at Hurd Street identifying the name of the development is permitted.

(b) The total area of the monument sign, including the sign face, shall be limited to 32 square feet.

(c) The height of the sign shall not exceed eight feet above grade.

(d) Monument signs shall be set back a minimum of 10 feet from the Hurd Street right-of-way line and not be located within any sight triangles established at the intersection of the entrance road with Hurd Street.

(e) Monument signs shall be set back from sidelines a minimum of 25 feet.

(f) Monument signs may be lit, but only in compliance with the requirements in § 310-236 of the Land Use Ordinance.

(g) Directional signage and street signage within the site is permitted if approved by the Planning Board as part of the site plan review.

(h) Building signage identifying the building name or number and/or the addresses of units within the building are permitted if approved by the Planning Board as part of the site plan review.

(i) Temporary sales signage is permitted during the construction period within the site if approved by the Planning Board as part of the site plan review. Temporary signage must be shown on the site plan submitted to the Planning Board for the project.

(3) Trash enclosures:

(a) All trash enclosures shall be screened by a solid or board on board fence on three sides and a heavy-duty gate on the fourth side.

(b) All trash enclosures shall be surrounded on three sides by a mixture of deciduous and evergreen plant species.

(4) Landscaping:

(a) The application shall include professionally designed and executed landscaping for the project.

(b) Landscaping shall include shade trees, flowering trees and shrubs, evergreens, decorative grasses, annual and perennial flowering plants, ground covers and lawns.

(c) Shade trees shall be provided along external streets and internal roadways and parking areas.

(d) Appropriate shade tree species shall be planted at a maximum spacing of 50 feet.

(e) Tree spacings may be modified to accommodate utilities, lighting, drainage facilities, rock outcroppings and other similar features.

(f) Areas not utilized for parking areas, driveways, streets and roads, recreational facilities, patios or terraces shall be provided with lawns or other suitable ground cover, trees and shrubs, or left undisturbed and preserved in its natural vegetative state.

(5) Buffer requirements:

(a) The need for any buffers between buildings and site improvements and the external property lines shall be determined during site plan review. The minimum width of any buffer determined to be required by the Planning Board shall be 25 feet.

(b) Proposed buffer plantings, if required, shall be arranged in a natural staggered pattern and shall not be lined up in straight, single rows. Buffer plantings may include deciduous and evergreen trees and shrubs, flowering plants, lawns and groundcovers.

(c) The Planning Board may require, however, that the buffer area be maintained in its natural state if a site inventory of existing vegetation reveals that the existing vegetation is suitable as a landscaping screen.

(6) Lighting requirements:

(a) The location, spacing and quantity of site lighting provided shall be that which is necessary to meet the lighting area standards described herein.

(b) Where located along roads and driveways, lighting shall be provided at a maximum spacing of 150 feet apart.

(c) The spacing of the lighting may be modified to accommodate utilities, drainage facilities, rock outcroppings and other similar features.

(d) Low-pressure sodium or mercury vapor lighting is prohibited.

(e) Road and parking area lighting shall comply with the following standards:

[1] All parking areas and walkways thereto and appurtenant passageways and driveways serving commercial, public, office, multifamily housing or other uses having common off-street parking and/or loading areas shall be adequately illuminated for security and safety purposes. The lighting plan in and around the parking areas shall provide for nonglare lights. The light intensity provided at ground level should be indicated in footcandles on the submitted site plans, and should be maintained at a minimum level of at least 0.5 footcandles at intersections, and 0.3 footcandles elsewhere to be illuminated. Lighting shall be provided by fixtures with a mounting height not more than 25 feet or the height of the building, whichever is less, measured from the ground level to the centerline of the light source.

[2] Any outdoor lighting, such as building and sidewalk illumination, driveway illumination, and the lighting of signs and ornamental lighting, shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties and traffic safety. The objectives of these specifications is to minimize undesirable off-premises effects. No light shall shine into windows or onto streets and driveways in such a manner as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, the shielding of lights and similar characteristics shall be subject to site plan approval.

[3] No lighting fixtures shall be within 10 feet of the property line, except at entrances and along walkways.

(7) Roadways, driveways and parking area requirements:

(a) Roadways, driveways, and surface parking areas shall comply with the requirements in the Residential Site Improvement Standards (N.J.A.C. 5:21-4 et seq.).

(b) Primary access to and from the apartment development shall be from Scrub Oak Road.

(c) Sidewalks shall be constructed on at least one side of each roadway and parking area within the development. The minimum width of all sidewalks shall be four feet. Curb ramps that comply with applicable accessibility guidelines shall be installed at all intersections where sidewalks intersect with roadways.

(8) Architectural requirements:

(a) Where an apartment building has a length along any plane that exceeds 100 feet, there shall be at least two setback changes along the facade equal to or exceeding 1.5 feet. Where an apartment building has a length along any plane that exceeds 150 feet, there shall be at least three setback changes along the facade equal to or exceeding 1.5 feet. Apartment buildings that have a length along any plane exceeding 200 feet shall have four setback changes along the facade equal to or exceeding 1.5 feet.

(b) Wall offsets, where required, shall include projections such as balconies, canopies, and recesses.

(c) Dormers or gables shall be provided to add architectural interest and variety to the building and relieve the effect of a single long roof.

(d) Fenestration shall be architecturally compatible with the style, materials, colors, and details of the building. Windows shall be vertically proportioned.

(e) All building entrances shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticos, porches, overhangs, and railings. Such architectural elements shall not be subject to the minimum setback requirements outlined in § 310-186.1B(2) of the Land Use Ordinance.

(f) Building construction and site development should incorporate green development practices and strategies such as those suggested by the USGBC through the Leadership in Environmental Education (LEED) Program or the use of Energy Star^® rated materials and/or appliances. These practices and strategies may include reuse of existing building materials, responsible disposal or recycling of existing building materials and use of energy efficient HVAC units. LEED or other outside agency approval is, however, not required as part of this strategy.

(9) Infrastructure maintenance requirements:

(a) No infrastructure constructed on Lot 9 in Block 808 shall be owned by or be the responsibility of the Township of Mine Hill.

(b) A plan for the maintenance of all improvements and infrastructure must be submitted to the Planning Board as part of an application for site plan review.

§ 310-169.2 Residential Affordable Housing 3 Zone (RAH-3).

[Added 3-12-2026 by Ord. No. 03-2026]

A. Principal permitted uses.

(1) Townhouses.

(2) Stacked townhouses.

B. Accessory uses.

(1) Bicycle racks and bicycle maintenance equipment.

(2) Community mailboxes.

(3) Electric vehicle supply/service equipment.

(4) Fences, walls, and retaining walls.

(5) Leasing offices, management offices, and other facilities necessary for the maintenance and operations of the property.

(6) Off-street surface parking and attached or detached garages.

(7) Open space, public parks, and passive recreation areas, including walking paths, recreational furniture, exercise facilities, clubhouses, tot lots, and other recreational facilities typically associated with a townhouse development.

(8) Roof mounted photovoltaic panels and associated battery storage infrastructure.

(9) Sanitary sewer and/or water pump stations.

(10) Signs.

(11) Site utilities and structures, pump stations, maintenance garage, backup generators, etc.

(12) Site utilities.

(13) Stormwater management facilities.

(14) Streets, roadways, and driveways.

(15) Temporary construction office and/or trailer and/or sales trailer for the duration of the construction of the project.

(16) Trash enclosures.

(17) Other accessory uses which are determined by the Planning Board to be customary and incidental to the permitted principal uses.

C. Maximum density: The RAH-3 District shall permit a maximum of 305 dwelling units.

D. Affordable housing requirements.

(1) A minimum of 20% of the total number of dwelling units approved for development or constructed within the RAH-3 District, regardless of whether the maximum permitted number of dwelling units is developed, shall be deed restricted for very-low-, low-, and moderate-income households. If the minimum number of low- and moderate-income units to be provided includes a fraction, the number provided shall be rounded up to the nearest whole number. For the avoidance of doubt, if the number of dwelling units approved for development or constructed within the RAH-3 District is less than the maximum density herein, the lesser of the two shall be applied when calculating the number of required affordable housing units.

(2) All affordable units shall comply with Chapter 125 of the Township Code (Affordable Housing), the Uniform Housing Affordability Controls (UHAC), applicable COAH affordable housing regulations including but not limited to phasing and bedroom distribution requirements, any applicable order of the Court, and other applicable laws.

(3) The applicant shall be responsible for managing the affordable housing units to assure compliance with all applicable laws and regulations. The applicant shall contract with an Administrative Agent to oversee the affordable rental units in accordance with the Township's Affordable Housing Ordinance (§ 125-20), applicable COAH regulations and procedures (N.J.A.C. 5:96-18), and UHAC (N.J.A.C. 5:80-26.14), or any other applicable requirement as determined by the Court or other appropriate jurisdiction.

(4) Affordable units shall be distributed throughout the development in a manner satisfactory to the Planning Board. Affordable housing units may be provided within stacked townhouse buildings and are not required to be proportionally distributed among single townhouse units, provided that all affordable units otherwise comply with applicable state and local affordable housing requirements.

(5) All affordable units shall be available to families (not age-restricted) and may be for sale or rentals.

(6) All affordable units shall be subject to deed restrictions on income limits for a period not less than 30 years in accordance with UHAC requirements.

(7) The applicant shall submit with the application for development a narrative description of the mechanism to be used to ensure that the required affordable dwelling units are sold only to very-low-, low- and moderate-income households and that such units will continue to be occupied by low- and moderate-income households for a period not less than 30 years. In addition to such description, actual samples of language to be included in the nature of covenants shall be submitted. The submitted description shall indicate the entity or entities responsible for monitoring the occupancy of the low- and moderate-income units and shall provide a detailed discussion concerning resales, permitted increases in price, prequalification of occupants and other relevant considerations.

E. Area, yard, bulk and architectural requirements. The following are the area, yard, bulk and architectural requirements:

(1) Area, lot, and yard requirements:

(a) Maximum building height: 55 feet.

(b) Maximum number of stories: four stories.

(c) Minimum lot width for fee simple townhouse lots: 20 feet.

(d) Minimum lot area for fee simple townhouse lots: 1,900 square feet.

(2) Residential building requirements and setbacks: For purposes of this subsection, the term "building" shall mean a principal residential building or building cluster containing townhouses or stacked townhouses, and shall not be construed to refer to individual attached townhouse units within such building or cluster:

(a) Minimum distance to the tract boundary for any building: 50 feet.

(b) Minimum distance between buildings: 30 feet.

(c) Minimum distance from a building to a parking area (excluding driveways): seven feet.

(d) Spacing and building length requirements. Any principal residential building or building cluster containing townhouses shall contain no fewer than three and no more than 12 attached townhouse units per building or building cluster. Stacked townhouse buildings may be developed as separate principal residential buildings and shall be limited to a maximum of 20 dwelling units per stacked townhouse building.

(3) Accessory structure requirements:

(a) Accessory structures shall comply with the height requirements outlined in § 310-132 of the Land Use Ordinance.

(b) Signs, utilities, access roads, driveways, sidewalks, walking trails, and other similar accessory uses or structures may be located in all yard areas subject to Planning Board approval.

(c) All trash enclosures shall be screened by a solid or board-on-board fence on three sides and a heavy-duty gate on the fourth side.

(d) All trash enclosures shall be surrounded on three sides by a mixture of deciduous and evergreen plant species.

(4) Parking and circulation requirements:

(a) Parking spaces for the townhouse and stacked townhouse units shall be provided in accordance with the maximum requirements in the Residential Site Improvement Standards (N.J.A.C. 5:21-4.14 et seq.).

(b) No off-street parking lots shall contain more than 20 contiguous spaces without providing a landscaped area to separate parking sections.

(c) Off-street surface parking areas are permitted in all yards, but when facing external property lines shall be screened with landscape materials to prevent headlight glare from projecting off-site.

(d) Roadways and sidewalks shall be designed in accordance with RSIS standards.

(e) No townhouse or stacked townhouse shall have direct access onto a public right-of-way.

(5) Sign requirements:

(a) Developments in the zone are permitted one permanent, monument style sign identifying the development at each entry point to the community, set back a minimum of 10 feet from any street line and 30 feet from any side property line. The sign shall be a maximum of 75 square feet (not including the base of the sign) and not more than eight feet in height. The sign may be illuminated from shielded ground-mounted lights or backlit channel letters.

(b) Temporary signs marketing the sale of homes, directing customers to sales areas and model units, and advertising the new community shall be permitted to be displayed from the commencement of construction until the sale of the last unit in the development. The number and size of such signs shall be subject to review and approval by the Planning Board or Board of Adjustment.

(6) Tree removal:

(a) Only the removal of trees necessary to accommodate the development of the site is permitted to exceed the provision of § 310-273G, with the exception of areas regulated by the New Jersey Department of Environmental Protection shall be restricted by applicable regulations.

(b) Existing trees within the proposed buffer areas that are healthy shall be retained to the greatest extent practicable.

(7) Landscaping requirements:

(a) Except as provided in this section, development in the RAH-3 Zone shall be exempt from the requirements pertaining to retaining walls, however, retaining walls shall be subject to Planning Board review for appropriate size, design and engineering necessity and safety.

(b) The application shall provide professionally designed and executed landscaping for the project. Areas not utilized for parking, driveways, streets and roads, recreational facilities, patios or terraces shall be provided with lawns or other suitable ground cover, trees and shrubs, or left undisturbed and preserved.

(c) Retaining walls shall be landscaped and code-compliant fall protection fencing and/or railings shall be provided for any retaining walls in excess of four feet in height, and such protection fencing and/or railings shall be exempt from calculation of total retaining wall height. The applicant is encouraged to use a series of smaller terraced retaining walls, rather than large walls, where feasible.

(d) Landscaping shall include shade trees, ornamental trees, flowering trees and shrubs, evergreens, decorative grasses, annual and perennial flowering plants, ground covers and lawns.

(e) Shade trees shall be provided along external streets and internal roadways and parking areas.

(f) Appropriate shade tree species shall be planted at a maximum spacing of 50 feet.

(g) Tree spacings may be modified to accommodate utilities, lighting, drainage facilities, rock outcroppings and other similar features.

(h) Areas not utilized for parking areas, driveways, streets and roads, recreational facilities, patios or terraces shall be provided with lawns or other suitable ground cover, trees and shrubs, or left undisturbed and preserved in its natural vegetative state.

(8) Buffer requirements:

(a) The need for any buffers between buildings and site improvements and the external property lines shall be determined during site plan review. The minimum average width of any front yard buffer determined to be required by the Planning Board shall have an average of 25 feet and shall at no point be less than 15 feet from front property lines and buffers shall be 25 feet from all other property lines.

(b) Proposed buffer plantings, if required, shall be arranged in a natural staggered pattern and shall not be lined up in straight, single rows. Buffer plantings may include deciduous and evergreen trees and shrubs, flowering plants, lawns and groundcovers.

(c) The Planning Board may require, however, that the buffer area be maintained in its natural state if a site inventory of existing vegetation reveals that the existing vegetation is suitable as a landscaping screen.

(9) Lighting requirements:

(a) The location, spacing and quantity of site lighting provided shall be that which is necessary to meet the lighting area standards described herein.

(b) All outdoor lighting fixtures shall be dark sky compliant and shall not exceed a color temperature of 3,000 Kelvin.

(c) All parking areas and walkways thereto and appurtenant passageways and driveways shall be adequately illuminated for security and safety purposes. The lighting plan in and around the parking areas shall provide for nonglare lights. The light intensity provided at ground level should be indicated in footcandles on the submitted site plans and should be maintained at a minimum level of at least 0.5 footcandles at intersections, and 0.3 footcandles elsewhere in and around walkways, passageways and driveways to be illuminated. Lighting shall be provided by fixtures with a mounting height not more than 20' or the height of the building, whichever is less, measured from the ground level to the centerline of the light source.

(d) All outdoor lighting shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties and traffic safety. The objective of these specifications is to minimize undesirable off-premises effects. No light shall shine into windows or onto streets and driveways in such a manner as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, light shielding, and similar characteristics shall be subject to site plan approval.

(10) Building design and placement requirements:

(a) This subsection shall supersede § 310-124 (Appearance of Buildings) in its entirety.

(b) Building facades for front and street facing walls shall consist of wood shingle, brick, stone, cast stone, stucco, hardy plank, cementitious boards, cultured stone, or other materials satisfactory to the Planning Board. The use of EIFS as a building facade shall be prohibited. Aluminum and/or vinyl siding may be used for side and rear building walls.

(c) Aluminum and vinyl products may be used as a building facade material for accent treatments.

(d) Buildings shall include wall offsets, including projections such as balconies, canopies and recesses. These elements shall be used to add architectural interest and variety and to relieve the visual effect of a simple, long wall. Similarly, dormers or gables shall be provided to provide architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof.

(e) Where any residential building has a length along any plane longer than 100 feet, there must be at least two setback changes along the facade equal to or exceeding 1.5 feet, three setback changes along any plane longer than 150 feet, and four setback changes along any plane greater than 200 feet.

(f) Fenestration shall be architecturally compatible with the style, materials, colors and details of the building. Windows shall be vertically proportioned.

(g) All entrances to a building shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticoes, porches, overhangs, railings, etc.

(h) The architectural treatment of the front facade shall be continued in its major features around all visibly exposed sides of a building. All sides of a building facing a public street shall be architecturally designed to be consistent with regard to style, materials, colors and details. Blank walls shall be prohibited.

(i) Heating, ventilating and air-conditioning systems, utility meters and regulators, exhaust pipes and stacks, satellite dishes and other telecommunications receiving devices shall be screened or otherwise specially treated to be, as much as possible, inconspicuous as viewed from the public right-of-way and adjacent properties.

(j) All rooftop mechanical equipment, inclusive of solar equipment, shall be screened from view from all vantage points at grade or below the roof.

(k) Building construction and site development should incorporate green development practices and strategies such as those suggested by the USGBC through the Leadership in Environmental Education (LEED) Program or the use of energy star rated materials and/or appliances. These practices and strategies may include reuse of existing building materials, responsible disposal or recycling of existing building materials and use of energy efficient HVAC units. LEED or other outside agency approval is however not required as part of this strategy.

(l) All accessory structures shall be architecturally compatible with the principal buildings.

(11) Phasing requirements:

(a) Development of the principal structures may occur in phases, subject to the following:

[1] A phasing plan shall be submitted to the Planning Board for review and approval.

[2] Each phase shall comply with the requisite minimum inclusionary set-aside requirement for low- and moderate-income units.

[3] Each phase shall comply with the requisite minimum off-street parking requirements.

(12) Infrastructure maintenance requirements:

(a) No infrastructure constructed on in the RAH-3 District shall be owned by or be the responsibility of Mine Hill Township.

(b) A plan for the maintenance of all improvements and infrastructure must be submitted to the Planning Board as part of an application for site plan review.

§ 310-169.3 Residential Affordable Housing 4 Zone (RAH-4).

[Added 3-12-2026 by Ord. No. 03-2026]

A. Principal permitted uses.

(1) Townhouses.

(2) Stacked townhouses.

B. Accessory uses.

(1) Bicycle racks and bicycle maintenance equipment.

(2) Community mailboxes.

(3) Electric vehicle supply/service equipment.

(4) Fences, walls, and retaining walls.

(5) Leasing offices, management offices, and other facilities necessary for the maintenance and operations of the property.

(6) Off-street surface parking and attached or detached garages.

(7) Open space, public parks, and passive recreation areas, including walking paths, recreational furniture, exercise facilities, tot lots, and other recreational facilities typically associated with a townhouse development.

(8) Roof mounted photovoltaic panels and associated battery storage infrastructure.

(9) Sanitary sewer pump stations.

(10) Signs.

(11) Site utilities and structures, pump stations, maintenance garage, backup generators, etc.

(12) Site utilities.

(13) Stormwater management facilities.

(14) Streets, roadways, and driveways.

(15) Temporary construction office and/or trailer for the duration of the construction of the project.

(16) Trash enclosures.

(17) Other accessory uses which are determined by the Planning Board to be customary and incidental to the permitted principal uses.

C. Maximum density: The RAH-4 District shall permit a maximum of 106 dwelling units.

D. Affordable housing requirements:

(1) A minimum of 20% of the total number of dwelling units approved for development or constructed within the RAH-4 District, regardless of whether the maximum permitted number of dwelling units is developed, shall be deed restricted for very-low, low-, and moderate-income households. If the minimum number of low- and moderate-income units to be provided includes a fraction, the number provided shall be rounded up to the nearest whole number.

(2) All affordable units shall comply with Chapter 125 of the Township Code (Affordable Housing), the Uniform Housing Affordability Controls (UHAC), applicable COAH affordable housing regulations including but not limited to phasing and bedroom distribution requirements, any applicable order of the Court, and other applicable laws.

(3) The applicant shall be responsible for managing the affordable housing units to assure compliance with all applicable laws and regulations. The applicant shall contract with an Administrative Agent to oversee the affordable rental units in accordance with the Township's Affordable Housing Ordinance (§ 125-20), applicable COAH regulations and procedures (N.J.A.C. 5:96-18), and UHAC (N.J.A.C. 5:80-26.14), or any other applicable requirement as determined by the Court or other appropriate jurisdiction.

(4) Affordable units shall be distributed throughout the development in a manner satisfactory to the Planning Board. Affordable housing units may be provided within stacked townhouse buildings and are not required to be proportionally distributed among single townhouse units, provided that all affordable units otherwise comply with applicable state and local affordable housing requirements.

(5) All affordable units shall be available to families (not age-restricted) and may be for sale or rentals.

(6) All affordable units shall be subject to deed restrictions on income limits for a period not less than 30 years in accordance with UHAC requirements.

(7) The applicant shall submit with the application for development a narrative description of the mechanism to be used to ensure that the required affordable dwelling units are sold only to very-low-, low- and moderate-income households and that such units will continue to be occupied by low- and moderate-income households for a period not less than 30 years. In addition to such description, actual samples of language to be included in the nature of covenants shall be submitted. The submitted description shall indicate the entity or entities responsible for monitoring the occupancy of the low- and moderate-income units and shall provide a detailed discussion concerning resales, permitted increases in price, prequalification of occupants and other relevant considerations.

E. Area, yard, bulk and architectural requirements. The following are the area, yard, bulk and architectural requirements:

(1) Area, lot, and yard requirements:

(a) Maximum building height: 55 feet.

(b) Maximum number of stories: four stories.

(c) Minimum lot width for fee simple townhouse lots: 20 feet.

(d) Minimum lot area for fee simple townhouse lots: 1,900 square feet.

(2) Residential building requirements and setbacks: For purposes of this subsection, the term "building" shall mean a principal residential building or building cluster containing townhouses or stacked townhouses, and shall not be construed to refer to individual attached townhouse units within such building or cluster:

(a) Minimum distance to the tract boundary for any building: 50 feet.

(b) Minimum distance between buildings: 30 feet.

(c) Minimum distance from a building to a parking area (excluding driveways): seven feet.

(d) Spacing and building length requirements. Any principal residential building or building cluster containing townhouses shall contain no fewer than three and no more than 12 attached townhouse units per building or building cluster. Stacked townhouse buildings may be developed as separate principal residential buildings and shall be limited to a maximum of 20 dwelling units per stacked townhouse building.

(3) Accessory structure requirements:

(a) Accessory structures shall comply with the height requirements outlined in § 310-132 of the Land Use Ordinance.

(b) Signs, utilities, access roads, driveways, sidewalks, walking trails, and other similar accessory uses or structures may be located in all yard areas subject to Planning Board approval.

(c) All trash enclosures shall be screened by a solid or board-on-board fence on three sides and a heavy-duty gate on the fourth side.

(d) All trash enclosures shall be surrounded on three sides by a mixture of deciduous and evergreen plant species.

(4) Parking and circulation requirements:

(a) Parking spaces for the townhouse and stacked townhouse units shall be provided in accordance with the maximum requirements in the Residential Site Improvement Standards (N.J.A.C. 5:21-4.14 et seq.).

(b) No off-street parking lots shall contain more than 20 contiguous spaces without providing a landscaped area to separate parking sections.

(c) Off-street surface parking areas facing external property lines shall be screened with landscape materials to prevent headlight glare from projecting off-site.

(d) Roadways and sidewalks shall be designed in accordance with RSIS standards. Sidewalks shall be constructed along US Route 46 and Scrub Oaks Road, with crosswalks in appropriate locations subject to Planning Board approval.

(e) No townhouse or stacked townhouse shall have direct access onto a public right-of-way.

(5) Sign requirements:

(a) Developments in the zone are permitted one permanent, monument style sign identifying the development at each entry point to the community, set back a minimum of 10 feet from any street line and 30 feet from any side property line. The sign shall be a maximum of 75 square feet (not including the base of the sign) and not more than eight feet in height. The sign may be illuminated from shielded ground-mounted lights or backlit channel letters.

(b) Temporary signs marketing the sale of homes, directing customers to sales areas and model units, and advertising the new community shall be permitted to be displayed from the commencement of construction until the sale of the last unit in the development. The number and size of such signs shall be subject to review and approval by the Planning Board or Board of Adjustment.

(6) Tree removal:

(a) Only the removal of trees necessary to accommodate the redevelopment of the site is permitted to exceed the provision of § 310-273G, with the exception of areas regulated by the New Jersey Department of Environmental Protection shall be restricted by applicable regulations.

(b) Existing trees within the proposed buffer areas that are healthy shall be retained to the greatest extent practicable.

(7) Landscaping requirements:

(a) The application shall provide professionally designed and executed landscaping for the project. Areas not utilized for parking, driveways, streets and roads, recreational facilities, patios or terraces shall be provided with lawns or other suitable ground cover, trees and shrubs, or left undisturbed and preserved.

(b) Retaining walls shall be landscaped and code-compliant fall protection fencing and/or railings shall be provided for any retaining walls in excess of four feet in height. The applicant is encouraged to use a series of smaller terraced retaining walls, rather than large walls, where feasible.

(c) Landscaping shall include shade trees, ornamental trees, flowering trees and shrubs, evergreens, decorative grasses, annual and perennial flowering plants, ground covers and lawns.

(d) Shade trees shall be provided along external streets and internal roadways and parking areas.

(e) Appropriate shade tree species shall be planted at a maximum spacing of 50 feet.

(f) Tree spacings may be modified to accommodate utilities, lighting, drainage facilities, rock outcroppings and other similar features.

(g) Areas not utilized for parking areas, driveways, streets and roads, recreational facilities, patios or terraces shall be provided with lawns or other suitable ground cover, trees and shrubs, or left undisturbed and preserved in its natural vegetative state.

(8) Buffer requirements:

(a) The need for any buffers between buildings and site improvements and the external property lines shall be determined during site plan review. The minimum width of any buffer determined to be required by the Planning Board shall be 25 feet.

(b) Proposed buffer plantings, if required, shall be arranged in a natural staggered pattern and shall not be lined up in straight, single rows. Buffer plantings may include deciduous and evergreen trees and shrubs, flowering plants, lawns and groundcovers.

(c) The Planning Board may require, however, that the buffer area be maintained in its natural state if a site inventory of existing vegetation reveals that the existing vegetation is suitable as a landscaping screen.

(9) Lighting requirements:

(a) The location, spacing and quantity of site lighting provided shall be that which is necessary to meet the lighting area standards described herein.

(b) All outdoor lighting fixtures shall be dark sky compliant and shall not exceed a color temperature of 3,000 Kelvin.

(c) All parking areas and walkways thereto and appurtenant passageways and driveways shall be adequately illuminated for security and safety purposes. The lighting plan in and around the parking areas shall provide for nonglare lights. The light intensity provided at ground level should be indicated in footcandles on the submitted site plans and should be maintained at a minimum level of at least 0.5 footcandles at intersections, and 0.3 footcandles elsewhere to be illuminated. Lighting shall be provided by fixtures with a mounting height not more than 20' or the height of the building, whichever is less, measured from the ground level to the centerline of the light source.

(d) All outdoor lighting shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties and traffic safety. The objective of these specifications is to minimize undesirable off-premises effects. No light shall shine into windows or onto streets and driveways in such a manner as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, light shielding, and similar characteristics shall be subject to site plan approval.

(10) Building design and placement requirements:

(a) This subsection shall supersede § 310-124 (Appearance of Buildings) in its entirety.

(b) Building facades may consist of wood shingle, brick, stone, cast stone, stucco, hardy plank, cementitious boards, cultured stone, or other materials satisfactory to the Planning Board. The use of EIFS as a building facade shall be prohibited.

(c) Aluminum and vinyl siding shall only be used as a building facade material for accent treatments.

(d) Buildings shall include wall offsets, including projections such as balconies, canopies and recesses. These elements shall be used to add architectural interest and variety and to relieve the visual effect of a simple, long wall. Similarly, dormers or gables shall be provided to provide architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof.

(e) Where any residential building has a length along any plane longer than 100 feet, there must be at least two setback changes along the facade equal to or exceeding 1.5 feet, three setback changes along any plane longer than 150 feet, and four setback changes along any plane greater than 200 feet.

(f) Fenestration shall be architecturally compatible with the style, materials, colors and details of the building. Windows shall be vertically proportioned.

(g) All entrances to a building shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticoes, porches, overhangs, railings, etc.

(h) The architectural treatment of the front facade shall be continued in its major features around all visibly exposed sides of a building. All sides of a building facing a public street shall be architecturally designed to be consistent with regard to style, materials, colors and details. Blank walls shall be prohibited.

(i) Heating, ventilating and air-conditioning systems, utility meters and regulators, exhaust pipes and stacks, satellite dishes and other telecommunications receiving devices shall be screened or otherwise specially treated to be, as much as possible, inconspicuous as viewed from the public right-of-way and adjacent properties.

(j) All rooftop mechanical equipment, inclusive of solar equipment, shall be screened from view from all vantage points at grade or below the roof.

(k) Building construction and site development should incorporate green development practices and strategies such as those suggested by the USGBC through the Leadership in Environmental Education (LEED) Program or the use of energy star rated materials and/or appliances. These practices and strategies may include reuse of existing building materials, responsible disposal or recycling of existing building materials and use of energy efficient HVAC units. LEED or other outside agency approval is however not required as part of this strategy.

(l) All accessory structures shall be architecturally compatible with the principal buildings.

(11) Phasing requirements:

(a) Development of the principal structures may occur in phases, subject to the following:

[1] A phasing plan shall be submitted to the Planning Board for review and approval.

[2] Each phase shall comply with the requisite minimum inclusionary set-aside requirement for low- and moderate-income units.

[3] Each phase shall comply with the requisite minimum off-street parking requirements.

(12) Infrastructure maintenance requirements:

(a) No infrastructure constructed on in the RAH-4 District shall be owned by or be the responsibility of Mine Hill Township.

(b) A plan for the maintenance of all improvements and infrastructure must be submitted to the Planning Board as part of an application for site plan review.

§ 310-170 Office/Industrial Zone (O/I).

A. Principal permitted uses.

(1) Manufacturing, processing, producing or fabricating operations, other than ionizing and particle radiation, but excluding certain diagnostic and analytic x-rays permitted under the performance standards contained in this section and other operations which meet the performance standards contained in this section, provided that all operations and activities except parking are carried on within closed buildings and that there is no outside storage or outside repair of materials, equipment or use.

(2) Scientific research and development.

(3) Light warehousing.

(4) Business offices.

(5) Telecommunications towers and antennas as permitted by § 310-183D.

(6) Solar and photovoltaic energy facilities or structures.

(a) Minimum lot area shall be 20 acres.

(b) Solar or photovoltaic energy facilities and structures shall not occupy any area beyond the required principal building setbacks for the zone in which the facility is to be located and they shall not be located within 200 feet of the boundary of a residential zone or residential use.

(c) No portion of solar or photovoltaic energy facilities and structures shall occupy areas of land designated by NJ DEP as floodplains, flood hazard areas, wetlands, wetlands transition areas or riparian corridors. A three-hundred-foot buffer shall be maintained from NJ DEP designated Category One waters.

(d) No soil shall be removed from any site upon which solar or photovoltaic energy facilities and structures are to be constructed. Within areas containing prime farmland soils and farmland soils of statewide significance as identified by the USDA Natural Resources Conservation Service, there shall be no concrete footings constructed to support solar or photovoltaic racking systems or other structures in order to more readily enable the potential future use of these areas for active agricultural uses. Concrete pads for inverters and similar equipment and concrete footings for security fencing may be constructed within areas containing these soils. Grading within prime farmland and farmlands of statewide significance shall be limited to only that necessary to construct access roads and for construction of equipment pads.

(e) Solar or photovoltaic energy facilities and structures shall be screened from the public, traveled way, preserved open space, preserved farmland and national or state registered historic resources or from adjoining residential uses or zones, with said screening by a combination of berms, landscaping and fencing.

(f) The maximum permitted vertical height above ground for solar energy panels shall be eight feet.

(g) All electrical wire servicing a ground-mounted solar system, other than the wires necessary to interconnect the solar panels and the grounding wires, shall be located underground.

(h) The design of solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend into the natural setting and existing environment.

(i) The installation of a solar energy system shall be in compliance with the National Electric Code as adopted by the New Jersey Department of Community Affairs.

(j) Energy systems that connect to the electric utility shall comply with the New Jersey Net Metering and Interconnection Standards for Class I Renewable Energy Systems and as required by the electric utility servicing the parcel.

(k) A maintenance plan shall be submitted for the continuing maintenance of all plantings. All ground areas occupied by the solar energy facility or structure installation that are not utilized for access driveways shall be planted and maintained with low-maintenance sun- and shade-tolerant grasses for the purpose of soil stabilization. The "OVN" seed mixture provided through the Jersey Farmers Exchange (856-769-0062) is suitable for these purposes. It is a mixture of 40% perennial ryegrass, 30% creeping fescue and 30% chewing fescue applied at a rate of 5 pounds per 1,000 square feet.

(l) A grading and drainage plan shall be submitted under the seal of a licensed professional engineer and shall provide the details to adequately demonstrate to the reviewing agency that no stormwater runoff or natural water shall be so diverted as to overload the existing drainage systems or create flooding. Calculations shall be provided to adequately demonstrate that existing preconstruction stormwater runoff rates shall not be exceeded in the post-development condition.

(m) Solar energy facilities and structures shall not result in reflective glare as viewed from second-story level (20 feet above ground) on adjoining properties.

(n) Site plans and zoning permit applications for solar energy systems shall be accompanied by standard drawings of the solar panels, inverters, substations and any other required structures. The design shall be signed and sealed by a professional engineer, registered in the State of New Jersey, certifying that the design complies with all of the standards set forth in all applicable codes then in effect in the State of New Jersey and all sections referred to hereinabove.

(o) All photovoltaic facilities, including all solar arrays and associated equipment, shall be dismantled and removed promptly after 180 days of nonuse. Applicant shall be required to submit for approval a decommissioning plan at the time that the site plan application is filed.

B. Accessory uses.

(1) Private garages and accessory uses customarily incidental to the permitted principal use.

(2) Off-street parking in accordance with Article XXV.

(3) Solar or photovoltaic energy facilities or structures shall be permitted as an accessory use, provided that the solar or photovoltaic energy facilities are located on the same property as the principal permitted use; secondary to the use of the property for the permitted principal use; designed to offset part or all of the permitted principal use's on-site energy consumption; and designed to generate not more than 110% of power consumed on site by the permitted principal use. Solar or photovoltaic energy facilities as an accessory use shall comply with the following standards:

(a) Solar panels shall be permitted as a rooftop installation, provided that no part of the solar panel or associated equipment shall exceed a height of 12 inches above the roof surface if installed on a sloped roof or three feet if installed on a flat roof. In no event shall the placement of the solar panels result in a total height, including building and panels, more than that which is permitted in the zoning district where the panels are located.

(b) Solar panels shall be permitted as ground arrays in accordance with the following:

[1] All ground arrays shall meet the setback requirements for accessory structures in the zone district in which the property is located.

[2] Ground arrays shall not be permitted in a front yard.

[3] Ground arrays shall be located so that any glare is directed away from an adjoining property.

[4] Ground arrays shall not exceed a height of six feet if constructed over gravel, concrete or other impervious surface and shall not exceed a height of eight feet if constructed over grass or other vegetative ground cover.

[5] If natural screening does not exist, evergreen screening shall be planted to provide a visual buffer as necessary from the street view or adjacent residential properties, installed a minimum height of eight feet, with appropriate plant species and in design as required by the approving Board. Buffer screening shall be planted in such a manner that does not impair the functionality of the system.

(c) All electrical wires servicing a ground-mounted solar system, other than the wires necessary to interconnect the solar panels and the grounding wires, shall be located underground.

(d) The design of solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend into the natural setting and existing environment.

(e) The installation of a solar energy system shall be in compliance with the National Electric Code as adopted by the New Jersey Department of Community Affairs.

(f) Energy systems that connect to the electric utility shall comply with the New Jersey Net Metering and Interconnection Standards for Class I Renewable Energy Systems and as required by the electric utility servicing the parcel.

(4) Small wind energy systems as defined in Article XXX, Small Wind Energy Systems.[1]

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

C. Conditional uses. The following uses shall be permitted only after review and approval by the Planning Board in accordance with the regulations governing the approval of conditional uses as set forth in Article XXIV:

(1) Essential services and structures.

(2) Telecommunication towers and equipment.

(3) Public garages.

(4) Soil removal.

D. Bulk requirements.

(1) Minimum lot size: 40,000 square feet.

(2) Minimum lot width: 100 feet.

(3) Front yard: 40 feet.

(4) Side yards: totaling 50 feet, one of which must be 20 feet.

(5) Rear yard: 50 feet.

(6) Percentage of lot coverage: 65%.

(7) Maximum height: 2 1/2 stories and 35 feet.

(8) Buffering, if required by Article XX.

§ 310-171 Economic Development District (ED).

A. Principal permitted uses. The following uses shall be permitted, for the following use categories, such as, but not limited to:

(1) Medical uses such as medical and dental clinics and offices, laboratories and research facilities, animal clinics and hospitals, health clubs, hospitals and other health facilities licensed by the State of New Jersey for the care of sick or injured human beings, hospital pharmacies, and funeral parlors.

(2) Business uses such as computer data processing and storage centers, conference centers, general business and professional offices, research facilities, banks and financial institutions.

(3) Educational uses such as business/vocational/technical and adult schools, executive training centers, studios for art, music, and dance, photography, and corporate training centers.

(4) Industrial/manufacturing uses such as warehousing, packaging and distribution of products, printing and publishing, landscaping facilities, automotive maintenance, including repair garages and body shops conducted totally inside a building, distribution centers, manufacturing, assembly of products such as electronics, solar and wind generation components, resource recovery, food processing, composting, recycling, limited manufacturing plants of a type which carries on processes within completely enclosed buildings, including the manufacture, assembly, or treatment of products from previously prepared materials, laboratories of an experimental, research or testing nature which carry on processes within completely enclosed buildings, contractor storage yards, auction houses, mini warehouses/self-storage facilities.

(5) Commercial and retail uses such as indoor recreation facilities, including theaters, wholesale and retail sales and services stores, including big-box retail, garden centers, restaurants, car rental agencies, the sale of used automobiles, the sale of automobiles through franchised new car dealers, and car washes.

(6) Child-care centers.

(7) Public uses such as public playgrounds, public conservation areas, public parks, public open spaces, and public areas.

(8) Utility uses.

B. Solar and photovoltaic energy facilities or structures. Solar or photovoltaic energy facilities or structures shall be permitted, subject to the following provisions:

(1) Minimum lot area shall be two acres.

(2) Solar or photovoltaic energy facilities and structures shall not occupy any area beyond the required principal building setbacks for the zone in which the facility is to be located, and they shall not be located within 200 feet of the boundary of a residential zone or residential use.

(3) No portion of solar or photovoltaic energy facilities and structures shall occupy areas of land designated by NJ DEP as floodplains, flood hazard areas, wetlands, wetlands transition areas or riparian corridors. A three-hundred-foot buffer shall be maintained from NJ DEP designated Category One waters.

(4) No soil shall be removed from any site upon which solar or photovoltaic energy facilities and structures are to be constructed. Within areas containing prime farmland soils and farmland soils of statewide significance as identified by the USDA Natural Resources Conservation Service, there shall be no concrete footings constructed to support solar or photovoltaic racking systems or other structures in order to more readily enable the potential future use of these areas for active agricultural uses. Concrete pads for inverters and similar equipment and concrete footings for security fencing may be constructed within areas containing these soils. Grading within prime farmland and farmlands of statewide significance shall be limited to only that necessary to construct access roads and for construction of equipment pads.

(5) Solar or photovoltaic energy facilities and structures shall be screened from the public traveled way, preserved open space, preserved farmland and national or state registered historic resources or from adjoining residential uses or zones, with said screening by a combination of berms, landscaping and fencing.

(6) The maximum permitted vertical height above ground for solar energy panels shall be eight feet.

(7) All electrical wire servicing a ground-mounted solar system, other than the wires necessary to interconnect the solar panels and the grounding wires, shall be located underground.

(8) The design of solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend into the natural setting and existing environment.

(9) The installation of a solar energy system shall be in compliance with the National Electric Code as adopted by the New Jersey Department of Community Affairs.

(10) Energy systems that connect to the electric utility shall comply with the New Jersey Net Metering and Interconnection Standards for Class I Renewable Energy Systems and as required by the electric utility servicing the parcel.

(11) A maintenance plan shall be submitted for the continuing maintenance of all plantings. All ground areas occupied by the solar energy facility or structure installation that are not utilized for access driveways shall be planted and maintained with low-maintenance sun- and shade-tolerant grasses for the purpose of soil stabilization. The "OVN" seed mixture provided through the Jersey Farmers Exchange (856-769-0062) is suitable for these purposes. It is a mixture of 40% perennial ryegrass, 30% creeping fescue and 30% chewing fescue applied at a rate of 5 pounds per 1,000 square feet.

(12) A grading and drainage plan shall be submitted under the seal of a licensed professional engineer and shall provide the details to adequately demonstrate to the reviewing agency that no stormwater runoff or natural water shall be so diverted as to overload the existing drainage systems or create flooding. Calculations shall be provided to adequately demonstrate that existing preconstruction stormwater runoff rates shall not be exceeded in the post-development condition.

(13) Solar energy facilities and structures shall not result in reflective glare as viewed from second-story level (20 feet above ground) on adjoining properties.

(14) Site plans and zoning permit applications for solar energy systems shall be accompanied by standard drawings of the solar panels, inverters, substations and any other required structures. The design shall be signed and sealed by a professional engineer, registered in the State of New Jersey, certifying that the design complies with all of the standards set forth in all applicable codes then in effect in the State of New Jersey and all sections referred to hereinabove.

(15) All photovoltaic facilities, including all solar arrays and associated equipment, shall be dismantled and removed promptly after 180 days of nonuse. Applicant shall be required to submit for approval a decommissioning plan at the time that the site plan application is filed.

C. Conditionally permitted uses.

(1) Telecommunications towers and antennas (see § 310-183D for standards).

(2) Soil removal and mining (see § 310-182 for standards).

D. Accessory uses. Accessory uses permitted in the ED (Economic Development) District are as follows:

(1) Uses customarily incidental to the principal uses.

(2) Off-street parking and loading requirements.

(a) As specified in Article XXV.

(b) No loading areas shall be permitted in front of the building or in the front yard area.

(3) Solar or photovoltaic energy facilities or structures shall be permitted as an accessory use, provided that the solar or photovoltaic energy facilities are located on the same property as the principal permitted use; secondary to the use of the property for the permitted principal use; designed to offset part or all of the permitted principal use's on-site energy consumption; and designed to generate not more than 110% of power consumed on site by the permitted principal use. Solar or photovoltaic energy facilities as an accessory use shall comply with the following standards:

(a) Solar panels shall be permitted as a rooftop installation, provided that no part of the solar panel or associated equipment shall exceed a height of 12 inches above the roof surface if installed on a sloped roof or three feet if installed on a flat roof. In no event shall the placement of the solar panels result in a total height, including building and panels, than that which is permitted in the zoning district where the panels are located.

(b) Solar panels shall be permitted as ground arrays in accordance with the following:

[1] All ground arrays shall meet the setback requirements for accessory structures in the zone district in which the property is located.

[2] Ground arrays shall not be permitted in a front yard.

[3] Ground arrays shall be located so that any glare is directed away from an adjoining property.

[4] Ground arrays shall not exceed a height of six feet if constructed over gravel, concrete or other impervious surface and shall not exceed a height of eight feet if constructed over grass or other vegetative ground cover.

[5] If natural screening does not exist, evergreen screening shall be planted to provide a visual buffer as necessary from the street view or adjacent residential properties, installed a minimum height of eight feet, with appropriate plant species and in design as required by the approving Board. Buffer screening shall be planted in such a manner that does not impair the functionality of the system.

(c) All electrical wires servicing a ground-mounted solar system, other than the wires necessary to interconnect the solar panels and the grounding wires, shall be located underground.

(d) The design of solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend into the natural setting and existing environment.

(e) The installation of a solar energy system shall be in compliance with the National Electric Code as adopted by the New Jersey Department of Community Affairs.

(f) Energy systems that connect to the electric utility shall comply with the New Jersey Net Metering and Interconnection Standards for Class I Renewable Energy Systems and as required by the electric utility servicing the parcel.

(4) Outdoor storage may be permitted only in the rear yard areas and not in the side or front yard area.

(5) Small wind energy systems as defined in Article XXX, as accessory uses.

E. Prohibited uses.

(1) Junkyards.

(2) Abattoirs.

F. Bulk requirements and other standards.

(1) Minimum lot size: 40,000 square feet.

(2) Minimum lot width: 100 feet.

(3) Front yard: 40 feet.

(4) Side yards: totaling 30 feet, one of which must be a minimum of 15 feet.

(5) Rear yard: 40 feet where abutting a residential zone and 25 feet where abutting a nonresidential zone.

(6) Percentage of lot coverage: 80%.

(7) Maximum height: three stories and 45 feet where abutting a residential zone and four stories and 60 feet where abutting a nonresidential zone.

(8) Buffering as required by § 310-157.[1]

[1] Editor's Note: Original Section 25-10.14.8, Commercial (C District), of the 1986 Revised General Ordinances, which immediately followed this section, was repealed 10-29-2013 by Ord. No. 11-13.

§ 310-172 Commercial Zone (C).

A. Principal permitted uses.

[Amended 10-29-2013 by Ord. No. 11-13; 12-19-2013 by Ord. No. 14-13]

(1) Retail goods and services stores, including food, drugs, drink, household supplies, home appliances stores, barbershops and beauty shops, shoe shops, clothing and apparel sales;

(2) Furniture and household appliances sales;

(3) Professional offices and banks;

(4) Funeral homes;

(5) Indoor theaters;

(6) Laundromats and dry-cleaning stores;

(7) Printing and publishing shops;

(8) General office uses; and

(9) Schools.[1]

[1] Editor's Note: Original Sec. 25-10.14.9.1k of the 1986 Revised General Ordinances, which listed churches and similar houses of worship as a principal permitted use and immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. Accessory uses.

(1) Public, private and commercial parking; and

(2) Accessory uses customarily incidental to the permitted principal use.

C. Conditional uses.

(1) Essential services and structures.

(2) Day-care centers.

(3) Churches and similar places of worship.

(4) Multifamily inclusionary communities (MFIC-2) are permitted conditional uses on the following properties in the Overlay Zone:

Block 1303

Lots 2-6

D. Bulk requirements.

(1) Minimum lot size: 10,000 square feet.

(2) Minimum lot width: 100 feet.

(3) Front yard: 25 feet.

(4) Any one side yard: 10 feet.

(5) Total of two side yards: 25 feet.

(6) Rear yard: 20 feet.

(7) Percentage of lot coverage: 65%.

(8) Height in stories: 2 1/2.

(9) Height in feet: 35 feet.

§ 310-173 Planned Multifamily Age-Restricted Community District (PMARC).

A. Purpose and intent. The Planned Multifamily Age-Restricted Community ("PMARC") District is being created to fulfill three policy goals of the Township:

(1) First, the need for age-restricted housing in the Township and the region is a pressing concern. More than 70% of the population growth in the region for the next 20 years is projected to occur in the group over age 55, for which this housing is intended. New construction designed to meet the physical needs of older citizens will enable our society to better serve these needs, and permit the recycling of the existing housing stock that was designed for the needs of young families to serve that need.

(2) Second, the implementation of this zoning district is an integral part of the Township's efforts to acquire and preserve large areas of open space and important historical resources.

(3) Third, the implementation of the PMARC District arises from the settlement of long-standing litigation which has been a drain on public resources and energies which will come to a halt.

B. Permitted uses. The following uses shall be permitted in the PMARC District:

(1) Residential dwelling units which may be configured as single-family attached homes, patio houses, townhomes (including "back-to-back" configurations), and stacked multistory buildings not exceeding four residential levels over one additional level of parking with the provision of elevator service. All dwellings will be subject to age and occupancy restrictions authorized by the Federal Fair Housing Act implemented through deed restrictions, reviewed and approved by the Planning Board Attorney. At the time of initial occupancy by each household, one member of the household must be at least 55 years of age or older, and at no time may any individual under the age of 19 establish permanent residency in the unit.

(2) Public parks and recreation facilities.

(3) Governmental buildings and facilities, including public and private schools.

C. Prohibited uses. The following uses shall not be permitted in the PMARC District:

(1) Family day-care homes, as permitted by N.J.S.A. 40:55D-66.5b(b).

D. Accessory uses. The following accessory uses are permitted:

(1) Sheds, decks, fences, walls, signs and entry features located in a manner that is consistent with a plan approved by the Planning Board at the time the development receives its development approvals which authorizes specific locations or typical locations for each dwelling type. Only the homeowners' association shall have standing to apply for amendments to the typical design and location of such structures. Sheds and decks shall be located no closer than 10 feet from any rear or side property lines and may not be located in buffers required for the tract.

(2) Recreation facilities, structures, buildings and parks for the use of the residents of the community. Such open space and community facilities must be owned, operated and maintained by an association registered with and approved by the Department of Community Affairs. Any community building may be used to provide services and activities primarily for the benefit and enjoyment of the residents of the community that may include such diverse activities as medical screenings, classes or lectures whether provided for a fee or free of charge, craft fairs or other temporary retail uses, incidental sales of tickets for travel or events, etc.

(3) Utilities and related services such as transformers, pumping stations, treatment facilities, meters, disposal fields, stormwater management facilities, etc., necessary for the proper distribution and monitoring of these services.

(4) Sales and construction offices, model units and storage of materials and equipment associated with and necessitated by the development of the tract for the uses approved by the Planning Board in conformance with any phasing requirements set forth by the Planning Board.

(5) Off-street parking and loading areas consistent with New Jersey's Residential Site Improvement Standards.

(6) Parking area for recreational vehicles and/or boats of residents of the community at a separate location on the site, subject to site plan approval.

E. Area, yard, bulk and architectural requirements. The following tract requirements shall apply:

(1) The following intensity and design ratios are applicable to the entire tract and shall not be applied to any individual lot or lots which may be created as part of the overall plan of development:

(a) Maximum number of dwellings: 275.

(b) Maximum density per gross tract acre: six.

(c) Maximum tract dedicated to development: 45%.

(d) Maximum building coverage: 25%.

(e) Maximum impervious coverage: 60%.

(2) Buffers and setbacks. A buffer of a minimum width of 25 feet shall be provided along any tract boundary, except where such boundary abuts publicly owned lands or lands to be dedicated as public or private open space, in which instance the required buffer shall be not less than 10 feet in depth. In addition, no homes may be located within 100 feet of Canfield Avenue. Buffers shall be provided in accordance with § 310-158 of this chapter, except the applicant may provide that up to 10 feet of the inside of any buffer may be lawn area and/or shrubs; and where such boundary abuts publicly owned lands or lands to be dedicated as public or private open space, the entire buffer may be planted as lawn area. The buffer requirement is not to be construed in addition to the setback requirement.

(3) Setbacks applicable to residential buildings:

(a) For residential buildings of 2.5 stories in height or less which front on streets from all other types of residential buildings:

[1] Minimum distance from tract boundary:

[a] Except where such boundary abuts publicly owned lands or lands to be dedicated as public or private open space: 35 feet.

[b] Where such boundary abuts publicly owned lands or lands to be dedicated as public or private open space: 20 feet.

[2] Minimum distance from cartway of internal street: 25 feet.

[3] Minimum distance from side of building to side of building: 30 feet.

[4] Minimum distance from rear of building to side of building: 40 feet.

[5] Minimum distance from rear of building to rear of building: 50 feet.

(b) For residential buildings in excess of 2.5 stories in height from similar types of residential buildings:

[1] Minimum distance from tract boundary:

[a] Except where such boundary abuts publicly owned lands or lands to be dedicated as public or private open space: 50 feet.

[b] Where such boundary abuts publicly owned lands or lands to be dedicated as public or private open space: 35 feet.

[2] Minimum distance from cartway of internal street: 35 feet.

[3] Minimum distance between buildings of similar size: 60 feet.

[4] Minimum distance between buildings of different size: 75 feet.

[5] Minimum distance from building to parking area: 10 feet.

(4) Open space and recreational requirements.

(a) Due to the connection of the PMARC to the preservation of significant open space, there are no additional open space requirements applicable to the tract. Recreational facilities, including sidewalks and pedestrian pathways, small parks and gathering areas with seating, picnic areas with graded grass areas for spontaneous activities and other recreational amenities may be located within the open space of the development at the discretion of the applicant and in quantities related to the projected population of the community.

(b) Provision for long-term maintenance of all open lands and recreational uses must be provided in a manner satisfactory to the Planning Board. This shall be accomplished through dedication of lands to a homeowners' association unless the Township consents to an alternative means of long-term maintenance such as dedication of lands to the Township or other governmental agency if such governmental agency is willing to accept such dedication or dedication to a nonprofit or for profit organization experienced in the management of open areas for public purposes.

(c) Active recreational opportunities provided within the residential community may be restricted against use by nonresidents of the community if owned and maintained by a homeowners' association and shall be accessible to residents in perpetuity.

(5) Additional architectural requirements.

(a) Maximum height for single-family and townhouse-style homes: 2 1/2 stories and 35 feet as measured from the finished floor elevation of the primary entry (door) for the specific dwelling to the midpoint of the roof between the eave and the peak or highest point of the roof.

(b) Maximum height for elevator-served multifamily dwellings: four residential stories plus an additional level of parking not to exceed 60 feet as measured from the finished floor elevation at the primary entry (door) for the structure to the midpoint between the eave and the peak or highest point of the roof.

(c) Mechanical equipment or other utility hardware on roofs, the ground, or buildings shall be screened from public view with materials harmonious with the building, or they shall be so located as not to be visible from any public ways.

(d) Where any residential building has a length along any plane longer than 100 feet, there must be at least two setback changes along the facade equal to or exceeding 1.5 feet, three setback changes along any plane longer than 150 feet, and four setback changes along any plane greater than 200 feet.

(e) All setbacks are to be measured from the foundation of the principal structure and do not include bay or other window treatments, eaves or similar architectural adornments, nor decks which are separately regulated as an accessory structure.

F. Exceptions from other requirements.

(1) Due to the significant dedication of lands intended to provide large open space areas, recreation potential for the Township, and preservation of historic resources, the development area of the application is exempt from further review related to the presence or absence of historic or cultural resources.

(2) The development is exempt from any requirement for the provision on on-site price-restricted dwellings (Mount Laurel housing) and any growth share obligations, except that the development is subject to a maximum one-percent development fee established by ordinance generally applicable throughout the municipality and approved by the NJ Council on Affordable Housing that is in place prior to the grant of final approval for the development or any portion thereof.

(3) Development on or near slopes will be subject to review for proper slope stabilization, stormwater management concerns and compliance with RSIS for streets and sidewalks and is not subject to further review or limitations on disturbance as may elsewhere be required by any other municipal ordinance.

(4) No off-tract infrastructure requirements may be assessed or assigned to the development for any improvements not directly related to the provision of public water service. Any such off-site improvements or payments in lieu thereof shall be imposed on a fair-share basis strictly in accordance with N.J.S.A. 40:55D-42.

(5) The applicant shall prepare a site-specific mine investigation and remediation methodology and plan to be reviewed and approved by the Planning Board. The application will not otherwise be subject to any municipal ordinances governing the development of previously mined tracts.

§ 310-174 Previously Mined Land Overlay District (MLO).

A. Permitted uses.

(1) The following uses shall be permitted on any property designated in this section as being in the Nonprofit I Public Land Overlay Zone after issuance of a permit by the Township Zoning Officer in accordance with Subsection C hereof:

(a) Temporary facilities, structures or buildings that are erected not more than 14 days per month shall be permitted to be erected on the property.

(b) Other facilities, structures or buildings may be erected only after review and approval by the Planning Board in accordance with the regulations governing the approval of conditional uses set forth in Article XXIV and in accordance with the zoning and other regulations applicable in the underlying zone governing construction of any facility, structure or building and location of the use authorized hereunder on the site in which the Nonprofit I Public Land Overlay Zone is located.

(c) Fund-raising events for nonprofit organizations, the Township of Mine Hill, the Mine Hill Board of Education and organizations related to the Township and Board of Education to include, but not be limited to, antique shows and sales; auctions; automobile rallies; band and musical events; barbecues; baseball clinics; baseball games; boat shows; car shows; carnivals; circuses; clambakes; community garage sales; corporate picnics; country-western night; craft fairs; fireworks shows; health fairs; industrial softball leagues; lacrosse games and leagues; model airplane and rocket races, shows and competitions; motorcycle rallies and events; outdoor movies; pet shows; picnics, including fish-and-chip events; soccer games, clinics, leagues and club events; sports competition events; sportsman shows; swap meets; tricky tray events; temporary retail uses; and sales of tickets for travel or events. The events authorized hereby specifically exclude flea markets, which are regulated separately.

(2) The Nonprofit I Public Land Overlay Zone shall consist of the following properties:

	Block 1401	Lot 1	School
	Block 1401	Lot 8	Property off Randolph Avenue
	Block 1304	Lot 17	Firemen's Field
	Block 1304	Lot 13	Recreation Field
	Block 601	Lot 1	Beach
	Block 802	Lot 15	Mine Hill American Legion Post 391
	Block 903	Lot 9	Boy Scout Building

B. Accessory uses. The following shall be authorized accessory uses in the Nonprofit I Public Overlay Zone: recreation facilities, structures and buildings for the use in the authorized activity. If the facility, structure or building shall be standing more than 14 days per month, it is subject to review and approval as detailed herein.

C. Permits. A permit shall be required for any use authorized herein. The permit shall be obtained from the Zoning Officer after paying the required fee, which shall be set by Council resolution. The permit shall be displayed in a weatherproof holder on the property.

§ 310-175 Agricultural Overlay Zone (AOZ).

A. Permitted uses. The following are permitted principal uses in the AOZ Agricultural Overlay Zone:

(1) Commercial farms as permitted and regulated by § 310-127.

(2) Any principal permitted use in the underlying zone district.

B. Accessory uses. The following are permitted accessory uses in the AOZ Agricultural Overlay Zone:

(1) Uses customary and incidental to commercial farms as permitted and regulated by § 310-127.

(2) Any accessory use permitted in the underlying zone district.

C. Conditional uses. The following are conditional uses in the AOZ Agricultural Overly Zone:

(1) Any conditional use permitted in the underlying zone district.