[Added 3-6-2006 by Ord. No. 5-2006]
A.
Purpose and intent.
(1)
Byram Township has determined that it is necessary
and appropriate to reduce density in its environs that consist of
large areas of mostly undeveloped forestlands characterized by steep
slopes, marginal soils, wetlands and surface water. The R-1 (ten-acre
density) and R-2 (five-acre density) Zones will help to preserve large
areas of forestlands and keep development out of critical environmental
areas while allowing residential housing development according to
the principles of smart growth, density zoning, clustering and lot
averaging which will be permitted or encouraged in the R-1 and R-2
Zones to preserve open space or agricultural land.
(2)
The remaining residential areas of Byram can
be developed at existing or higher densities, where reasonable. The
lake communities will develop at existing densities, provided that
the utility infrastructure exists to accommodate that growth, or at
lower densities if on-site septic systems and wells are needed.
(3)
Preserving constrained and undeveloped lands
in its environs and allowing for reasonable densities in existing
neighborhoods will help to maintain the distinct land use pattern
of the Township and allow for manageable and controlled growth while
protecting the rural ambience and environmental resources of the Township.
(4)
The development standards applicable to the
lake communities are intended to maintain the current character of
development and ensure the basic water quality of the lakes.
(5)
The standards in this section apply in all residential
zones except the Village Center.
(6)
Any new residential lot created by subdivision
following the adoption of the Master Plan that is not serviced by
central sewer shall be 40,000 square feet or comply with the lot size
requirements of the zone, whichever is greater.
(7)
A lot that fails to comply with the minimum
lot size requirement of its zone that is contiguous with and in the
same ownership as another lot shall be deemed merged, and the said
lot shall be construed to be one lot.
(8)
On August 10, 2004, the Highlands Water Protection
and Planning Act (Highlands Act) was signed. This historic law protects
drinking water for over 5.4 million people and helps preserve New
Jersey's dwindling open space. The regulations found in this chapter
may be superseded by regulations established under the Highlands Act.
(9)
Maximum building size is based on lot size,
regardless of the zone, according to the following schedule.[1]
|
Maximum Principal Building Coverage
| ||
|---|---|---|
|
Lot Size
(square feet)
|
Maximum Coverage
| |
|
Less than 10,000
|
15% (up to 1,500 square feet)
| |
|
Between 10,000 and 19,999
|
1,500 +7% of square footage over 10,000 (up
to 2,200 square feet)
| |
|
Between 20,000 and 39,999
|
2,200 +5% of square footage over 20,000 (up
to 3,200 square feet)
| |
|
More than 40,000
|
3,200 +3% of square footage over 40,000
| |
[1]
Editor's Note: Former Subsection A(9), regarding
lots with lake frontage, was repealed 5-7-2007 by Ord. No. 3-2007.
This ordinance also redesignated former Subsection A(10) as A(9).
(10)
Where feasible and appropriate, nonstructural mechanisms and
elements are preferred in the management of stormwater.
[Added 6-20-2017 by Ord.
No. 10-2017]
A.
Primary intended uses. The R-1 Residence District
is designed for single-family residential and agricultural uses and
permits:
(3)
Accessory uses customarily incidental to the above
uses, provided that they do not include any activity commonly conducted
for gain, unless specifically permitted in this section.
(5)
Home occupations. No external evidence of the additional
use shall be visible from the street line, nor shall operation of
the use occasion greater than normal traffic flows, either in number
or type of traffic. No more than two nonfamily employees at a time
are permitted, nor shall signage beyond one two-square-foot sign,
affixed to the building, be permitted.
[Amended 9-7-1993 by Ord. No. 5-1993; 7-18-1994 by Ord. No.
5-1994]
(6)
No more than two roomers or boarders per family.
(7)
Farming and truck gardening when products are not
sold on the premises, provided that the keeping of any farm animal
or fowl is only permitted in a building or other structure no part
of which is closer to any residence, property line or public road
than 250 feet.
(8)
Commercial greenhouses.
C.
Required conditions. The following requirements must
be complied with in the R-1 Residence District:
[Amended 7-7-1982; 4-17-1985; 9-7-1993 by Ord. No. 5-1993; 3-6-2006 by Ord. No. 5-2006; 5-7-2007 by Ord. No. 4-2007; 2-16-2016 by Ord. No. 6-2016]
(1)
Minimum lot area: 10 acres.
(2)
Front yard: a minimum of 100 feet.
(3)
Side yard: a minimum of 50 feet each.
(4)
Rear yard: a minimum of 100 feet.
(5)
Lot width (frontage): a minimum of 200 feet.
(6)
Lot disturbance: a maximum of 50%. In no instance shall lot disturbance
exceed 40,000 square feet.
(7)
Building height: a maximum of 2 1/2 stories or 30 feet, with
a forty-foot maximum height of any facade.
(8)
Setback of building from existing lakes, ponds, streams or wetlands
shall be a minimum of 100 feet, measured from the one-hundred-year
flood line. This setback shall include a ten-foot-wide vegetated buffer
along at least 80% of the water's edge.
D.
Cluster option. Development of more than one lot may
be achieved through clustering, lot size averaging or other similar
density-based development techniques that maintain overall density
while creating preserved open space through fee-simple lots or conservation
easements. The following requirements must be complied with for a
cluster option:
[Amended 9-7-1993 by Ord. No. 5-1993; 3-6-2006 by Ord. No. 5-2006; 2-16-2016 by Ord. No.
6-2016]
(1)
Bulk requirements: Clustering option - R-1.
(a)
Area: one unit per 10 acres, with a minimum building lot of
40,000 square feet.
(b)
Front yard: a minimum of 50 feet, 75 feet for lots in excess
of 1.5 acres.
(c)
Side yard: a minimum of 20 feet.
(d)
Rear yard: a minimum of 50 feet.
(e)
Lot width: a minimum of 150 feet.
(f)
Lot disturbance: a maximum of 50%. In no instance shall lot
disturbance exceed 40,000 square feet.
(g)
Building height: a maximum of 2 1/2 stories or 30 feet,
with a forty-foot maximum height of any facade.
(h)
Setback of building from existing lakes, ponds, streams or wetlands
shall be a minimum of 50 feet, measured from the one-hundred-year
flood line. This setback shall include a ten-foot-wide vegetated buffer
along at least 80% of the water's edge.
(2)
Either there shall be deeded to the Township of Byram for one or
more of the following public purposes: undeveloped open land, recreational
facilities, municipal administration buildings, public schools and
school grounds, firehouses, police stations, libraries or post offices,
or there shall be devoted to open space or recreational use in private
ownership an area or areas shown on a plan approved by the Planning
Board.
(3)
Where portions of a tract of land are to be reserved for open space
or recreational use in private ownership under the cluster development
provisions of this chapter, the subdivider shall file with the Planning
Board covenants, agreements and other instruments deemed necessary
and appropriate by the Board and its legal counsel to effectively
guarantee that:
(a)
The lands reserved for open space in private ownership shall
remain perpetually in open space, recreational use or public use.
(b)
There shall be established by the developer or the subdivider
some legally responsible organization approved by the Planning Board
and its legal counsel as to form and adequacy, which organization
shall assume all obligations of ownership, including development and
maintenance, as well as payment of taxes and other normal incidents
of ownership.
(4)
In the processing of a major subdivision employing the use of open
space development, as defined herein, the Planning Board's approval
of the open space technique shall be subject to specific findings
as to whether the technique is expected to promote one or more of
the following desired objectives:
(a)
The provisions for playground or recreation areas in such a
fashion as to be an integral part of the subdivision, with the emphasis
being on pedestrian access to such areas.
(b)
The creation of undeveloped open spaces to avoid the monotony
of development and to act as a unifying theme for the development
in the manner of a greenbelt or like approach.
(c)
Protection against undue soil, vegetation and wildlife habitat
disturbance.
(d)
Conservation of natural features such as streambeds, lakes,
ponds, wooded areas, rock formations, significant views, etc.
(e)
Protection of floodplain and other sensitive views, etc.
(5)
In processing a major subdivision employing the use of cluster development
zoning, as defined herein, the Planning Board's approval shall also
be contingent upon the reasonable accessibility of the open spaces
to all residents of the development if the open space technique is
being employed in whole or in part to provide public or private playground
or recreational facilities; in which event the Planning Board shall
afford the Recreation Commission reasonable opportunity to offer nonbinding
comment on the use of the proposed open spaces for recreational purposes
before the Planning Board completes its action on the use of the open
spaces technique, provided that such nonbinding comment is submitted
within 35 days following referral to the Recreation Commission.
[Added 4-17-1985; amended 9-7-1993 by Ord. No. 5-1993; 3-6-2006 by Ord. No. 5-2006]
A.
Primary intended uses: the same as for the R-1 Residence
District.
B.
Prohibited uses: the same as for the R-1 Residence
District.
C.
Required conditions. The following requirements must
be complied with in the R-2 Residence District:
[Amended 5-7-2007 by Ord. No. 4-2007; 2-16-2016 by Ord. No. 6-2016]
(1)
Minimum lot area: five acres.
(2)
Front yard: a minimum of 100 feet.
(3)
Side yard: a minimum of 50 feet each.
(4)
Rear yard: a minimum of 75 feet.
(5)
Lot width (frontage): a minimum of 200 feet.
(6)
Lot disturbance: a maximum of 50%. In no instance shall lot disturbance
exceed 40,000 square feet.
(7)
Building height: a maximum of 2 1/2 stories or 30 feet, with
a forty-foot maximum height of any facade.
(8)
Setback of building from existing lakes, ponds, streams or wetlands
shall be a minimum of 75 feet, measured from the one-hundred-year
flood line. This setback shall include a ten-foot-wide vegetated buffer
along at least 80% of the water's edge.
D.
Cluster option. Development of more than one lot may be achieved
through clustering, lot size averaging or other similar density-based
development techniques that maintain overall density while creating
preserved open space through fee-simple lots or conservation easements.
The following requirements must be complied with for a cluster option:
[Amended 5-7-2007 by Ord.
No. 4-2007; 2-16-2016 by Ord. No. 6-2016]
(1)
Bulk requirements: clustering option - R-2.
(a)
Area: one unit per five acres, with a minimum building lot of
40,000 square feet.
(b)
Front yard: a maximum of 50 feet, 75 feet for lots in excess
of 1.5 acres.
(c)
Side yard: a minimum of 20 feet.
(d)
Rear yard: a minimum of 50 feet.
(e)
Lot width: a minimum of 150 feet.
(f)
Lot disturbance: a maximum of 50%. In no instance shall lot
disturbance exceed 40,000 square feet.
(g)
Setback of building from existing lakes, ponds, streams or wetlands
shall be a minimum of 50 feet, measured from the one-hundred-year
flood line. This setback shall include a ten-foot-wide vegetated buffer
along at least 80% of the water's edge.
(h)
Building height: a maximum of 2 1/2 stories or 30 feet,
with a forty-foot maximum height of any facade.
(2)
Either there shall be deeded to the Township of Byram for one or
more of the following public purposes: undeveloped open land, recreational
facilities, municipal administration buildings, public schools and
school grounds, firehouses, police stations, libraries or post offices,
or there shall be devoted to open space or recreational use in private
ownership an area or areas shown on a plan approved by the Planning
Board.
(3)
Where portions of a tract of land are to be reserved for open space
or recreational use in private ownership under the cluster development
provisions of this chapter, the subdivider shall file with the Planning
Board covenants, agreements and other instruments deemed necessary
and appropriate by the Board and its legal counsel to effectively
guarantee that:
(a)
The lands reserved for open space in private ownership shall
remain perpetually in open space, recreational use or public use.
(b)
There shall be established by the developer or the subdivider
some legally responsible organization approved by the Planning Board
and its legal counsel as to form and adequacy, which organization
shall assume all obligations of ownership, including development and
maintenance, as well as payment of taxes and other normal incidents
of ownership.
(4)
In the processing of a major subdivision employing the use of open
space development, as defined herein, the Planning Board's approval
of the open space technique shall be subject to specific findings
as to whether the technique is expected to promote one or more of
the following desired objectives:
(a)
The provisions for playground or recreation areas in such a
fashion as to be an integral part of the subdivision, with the emphasis
being on pedestrian access to such areas.
(b)
The creation of undeveloped open spaces to avoid the monotony
of development and to act as a unifying theme for the development
in the manner of a greenbelt or like approach.
(c)
Protection against undue soil, vegetation and wildlife habitat
disturbance.
(d)
Conservation of natural features such as streambeds, lakes,
ponds, wooded areas, rock formations, significant views, etc.
(e)
Protection of floodplain and other sensitive views, etc.
(5)
In processing a major subdivision employing the use of cluster development
zoning, as defined herein, the Planning Board's approval shall also
be contingent upon the reasonable accessibility of the open spaces
to all residents of the development if the open space technique is
being employed in whole or in part to provide public or private playground
or recreational facilities; in which event the Planning Board shall
afford the Recreation Commission reasonable opportunity to offer nonbinding
comment on the use of the proposed open spaces for recreational purposes
before the Planning Board completes its action on the use of the open
spaces technique, provided that such nonbinding comment is submitted
within 35 days following referral to the Recreation Commission.
[Amended 7-71982; 4-17-1985; 9-7-1993 by Ord. No. 5-1993; 7-18-1994 by Ord. No.
5-1994; 7-17-1995 by Ord. No. 5-1995; 4-3-2000 by Ord. No. 6-2000; 3-6-2006 by Ord. No. 5-2006]
A.
Primary intended uses. The R-3 Residence District
is designed for single-family residential use and permits:
(1)
All public buildings and public or institutional uses, family farms and family day care, but the procedure set forth in § 240-13 shall be followed.
(3)
Accessory uses customarily incidental to the above
uses, provided that they do not include any activity commonly conducted
for gain, unless specifically permitted in this section.
(5)
Home occupations.
(6)
No more than two roomers or boarders per family.
(7)
Farming and truck gardening, when products are not
sold on the premises, provided that the keeping of any farm animal
or fowl is only permitted in a building or other structure no part
of which is closer to any residence, property line or public road
than 250 feet.
[Added 7-7-1982]
C.
Required conditions. The following requirements shall
be met in the R-3 Residence District:
(1)
Area: a minimum of 40,000 square feet.
(2)
Front yard: a minimum of 50 feet, 75 feet for lots
in excess of 1.5 acres.
(3)
Side yard: a minimum of 20 feet.
(4)
Rear yard: a minimum of 50 feet.
(5)
Lot width: a minimum of 150 feet.
(6)
Lot disturbance: a maximum of 50% of lot. In no instance shall lot
disturbance exceed 40,000 square feet.
[Amended 2-16-2016 by Ord. No. 6-2016]
(7)
Building height: a maximum of 2 1/2 stories or
30 feet, with a forty-foot maximum height of any facade.
[Amended 5-7-2007 by Ord. No. 4-2007; 2-16-2016 by Ord. No. 6-2016]
(9)
Setback of building from existing lakes, ponds, streams or wetlands
shall be a minimum of 50 feet, measured from the one-hundred-year
flood line. This setback shall include a ten-foot-wide vegetated buffer
along at least 80% of the water's edge.
[Amended 2-16-2016 by Ord. No. 6-2016]
[Amended 7-7-1982; 9-7-1993 by Ord. No. 5-1993; 7-17-1995 by Ord. No. 5-1995; 4-3-2000 by Ord. No. 6-2000; 3-6-2006 by Ord. No. 5-2006]
A.
Primary intended uses. The R-4 Residence District
is designed for single-family residential use and permits:
(1)
All public buildings and public or institutional uses, family farms and family day care, but the procedure set forth in § 240-13, as appropriate, must be followed.
(3)
Accessory uses customarily incidental to the above
uses, provided that they do not include any activity commonly conducted
for gain, unless specifically permitted in this section.
(5)
Home occupations.
(6)
No more than two roomers or boarders per family.
(7)
Farming and truck gardening when products are not
sold on the premises, provided that the keeping of any farm animal
or fowl is only permitted in a building or other structure no part
of which is closer to any residence, property line or public road
than 250 feet.
C.
Required conditions. The following requirements shall
be met in the R-4 Residence District:
(1)
Area: a minimum of 20,000 square feet.
(2)
Front yard: a minimum of 35 feet.
(3)
Side yard: a minimum of 15 feet.
(4)
Rear yard: a minimum 40 feet.
(5)
Lot width: a minimum of 100 feet.
(6)
Lot disturbance: a maximum of 50% of lot. In no instance shall lot
disturbance exceed 20,000 square feet.
[Amended 2-16-2016 by Ord. No. 6-2016]
(7)
Building height: a maximum of 2 1/2 stories or
25 feet, with a thirty-five-foot maximum height of any facade.
[Amended 5-7-2007 by Ord. No. 4-2007; 2-16-2016 by Ord. No. 6-2016]
(9)
Setback of building from existing lakes, ponds, streams or wetlands
shall be a minimum of 50 feet, measured from the one-hundred-year
flood line. This setback shall include a ten-foot-wide vegetated buffer
along at least 80% of the water's edge.
[Amended 2-16-2016 by Ord. No. 6-2016]
[Amended 9-7-1993 by Ord. No. 5-1993; 7-18-1994 by Ord. No.
5-1994; 7-17-1995 by Ord. No. 5-1995; 4-3-2000 by Ord. No. 6-2000; 3-6-2006 by Ord. No. 5-2006]
A.
Primary intended uses. The R-5 Residence District
is designed for single-family residential use and permits:
(1)
All public buildings and public or institutional uses, family farms and family day care, but the procedure set forth in § 240-13, as appropriate, must be followed.
(3)
Accessory uses customarily incidental to the above
uses, provided that they do not include any activity commonly conducted
for gain, unless specifically permitted in this section.
(5)
Home occupations.
C.
Required conditions. The following requirements shall
be met in the R-5 Residence District:
(1)
Area: a minimum of 10,000 square feet.
(2)
Front yard: a minimum of 35 feet.
(3)
Side yard: a minimum of 15 feet.
(4)
Rear yard: a minimum of 20 feet.
(5)
Lot width: a minimum of 100 feet.
(6)
Lot disturbance: a maximum of 50% of lot. In no instance shall lot
disturbance exceed 10,000 square feet.
[Amended 2-16-2016 by Ord. No. 6-2016]
(7)
Building height: a maximum of 2 1/2 stories or
25 feet, with a thirty-five-foot maximum height of any facade.
[Amended 5-7-2007 by Ord. No. 4-2007; 2-16-2016 by Ord. No. 6-2016]
(9)
Setback of building from existing lakes, ponds, streams or wetlands
shall be a minimum of 50 feet, measured from the one-hundred-year
flood line. This setback shall include a ten-foot-wide vegetated buffer
along at least 80% of the water's edge.
[Amended 2-16-2016 by Ord. No. 6-2016]
[Added 12-17-2013 by Ord. No. 13-2013]
A.
Purpose and intent. The MF Multifamily Residential District permits the adaptive reuse of the Consolidated School building and associated property as a multifamily housing development. The reuse of the building will maintain the look and architectural character of a building that has been a part of the community for nearly 80 years. The adaptive reuse of the site will limit construction activities to previously disturbed areas at the front of the site, providing maximum buffering to the wetlands in the rear of the property. All new development, as well as any change, alteration and/or rehabilitation of existing structures or uses, shall be subject to the standards and objectives in Article XIII of Chapter 240.
B.
Permitted uses:
(1)
The adaptive reuse of the existing building as multifamily housing.
(2)
Educational use.
(3)
Municipal use.
(5)
Accessory uses customarily incidental to the above uses, provided
they do not include any activity commonly conducted for gain, unless
specifically permitted in this section.
(7)
Home occupations.
C.
Zoning bulk requirements:
(1)
Minimum tract size: five acres.
(2)
Maximum number of dwelling units: 4.1.
(3)
Maximum number of dwelling units: 21.
(4)
Front yard: 20 feet.
(5)
Side yards: 75 feet.
(6)
Rear yard: 250 feet.
(7)
Maximum building height: three stories or 35 feet, whichever
is less.
(8)
Maximum building coverage: 7% of the property.
(9)
Maximum lot coverage: 25% of the property, including all buildings
and impervious cover.
(10)
Maximum lot disturbance: 60% of the property.
(11)
Off-street parking shall conform to RSIS standards.
(13)
Trash collection. There shall be an area or areas concealed
from sight for the orderly deposit and pickup of trash and recyclable
materials.
D.
Affordable housing requirements. The reuse of the existing building
as multifamily housing requires that 15% of the residential units
be deed-restricted as affordable housing if the project is a rental
project and that 20% of the residential units be deed-restricted as
affordable housing if the project is a for-sale project. All affordable
units would be subject to any applicable Council on Affordable Housing
rules and be compliant with the Uniform Construction Code.
[Added 3-6-2006 by Ord. No. 5-2006[1]; amended 9-17-2007 by Ord. No. 20-2007; 11-2-2015 by Ord. No. 18-2015; 12-6-2016 by Ord. No. 30-2016; 6-20-2017 by Ord. No. 10-2017]
A.
Purpose and intent. The purpose and intent of the VB Village Business
District is to complement and be architecturally influenced by the
primary focal point of new development in the Village Center (VC)
Mixed-Use District. The purpose of the VB Village Business District
is to:
(1)
Maintain existing commercial uses and encourage additional economic
development in the Township's commercial areas. The uses in this district
are intended to be complementary to existing businesses, provide additional
retail and service businesses, and be compatible with the surrounding
residential uses in order to promote implementation of the objectives
and goals of the Township's Sustainable Economic Development Plan.
(2)
Plan for new commercial development and promote the redesign or redevelopment
of existing commercial uses to establish a more village-like downtown
that better accommodates pedestrians and bicyclists and promotes certain
architectural and landscape elements. The intent is to transform the
high-speed, auto-oriented thoroughfare typical of highway-strip development
into a neo-traditional "Main Street" to attract residents and visitors.
(3)
Encourage suitable new development and to revitalize existing commercial
development in proximity to the Village Center District through specific
commercial uses and a limited number of apartment-style residential
units above the first floor. This zone is not intended for single-family,
townhouse or condominium residential development.
(4)
Provide both vehicular- and pedestrian-oriented commercial services
to existing residential neighborhoods and the regional market area
as defined in the Township's Sustainable Economic Development Plan.
(5)
Where feasible and appropriate, integration of green infrastructure
(nonstructural mechanisms and elements) is the preferred approach
in the management of stormwater.
B.
Permitted uses.
(1)
Banks and financial institutions including drive-through.
(2)
Banquet halls and catering facilities.
(3)
Bars and taverns.
(4)
Bed-and-breakfasts, inns and hotels.
(5)
Brewpubs and microbreweries.
(6)
Community residence for the developmentally disabled.
(7)
Community shelter for victims of domestic violence.
(8)
Dry-cleaning and laundry pickup stations.
(9)
Funeral homes.
(10)
Government, fraternal, civic, charitable, and emergency services/organizations.
(11)
Health and fitness centers.
(12)
Indoor commercial recreation facilities.
(13)
Neighborhood shopping centers.
(14)
Pharmacies including drive-through.
(15)
Professional and medical offices.
(16)
Restaurants including drive-through.
(17)
Retail sales.
(18)
Retail services.
(19)
Veterinary offices.
C.
Conditional uses.
(1)
Apartments as second principal uses on the second floor.
(2)
Assisted living facilities and nursing homes.
(3)
Automobile car wash.
(4)
Dry-cleaning and laundry establishments (with non-PERC/PCE solvents).
(5)
Lawn and garden center.
(6)
Outdoor dining.
(7)
Sidewalk cafes.
(8)
Outdoor displays and sidewalk sales.
(9)
Regional shopping centers.
(10)
Tent sales and special events.
D.
Prohibited uses.
(1)
Any use not specifically permitted in the zone.
(2)
Automobile dealership.
(3)
Automobile fueling stations.
(4)
Automobile repair shop.
(5)
Junkyard or salvage yard.
(6)
Landscaping and home improvement contractors.
(7)
Light industry.
(8)
Manufacturing.
(9)
Outdoor advertising or billboard.
(10)
Retail warehouse.
(11)
Self-storage facility.
(12)
Sexually oriented business.
(13)
Warehousing.
E.
Zoning bulk requirements.
(1)
Tract size: a minimum of 20,000 square feet, measured within 100
feet of the front property line.
(2)
Building footprint: a maximum of 40% of the property.
(3)
Front yard: not less than 45 feet and not more than 55 feet. There
shall be no more than one row of off-street parking within the front
yard. The front yard shall contain four feet of landscaping buffer
between the parking area and sidewalk.
(4)
Side yards: not less than 10 feet, with one side yard to be no less
than 30 feet to accommodate an alley to provide access to the rear
parking area, unless there is a shared alley with the adjacent property
for access to rear parking. The side yards shall contain four feet
of landscaping buffer. The side yards shall contain a six-foot-wide
sidewalk that provides access from the rear parking area to the front
of the building, unless there is a shared sidewalk with adjacent property
for access to rear parking.
(5)
Building separation. The minimum separation distance between buildings
shall be 10 feet.
(6)
Rear yard: not less than 20 feet from rear property line to a principal
or accessory structure and not less than four feet from the edge of
paved parking area. The rear yard shall contain four feet of landscaping
buffer or fencing at the discretion of the Planning Board.
(7)
Maximum building height: three stories or 40 feet, whichever is less.
(8)
Minimum building height: two stories or 20 feet, whichever is less.
(9)
Maximum lot coverage: 75% of the property, including all buildings
and impervious cover.
(10)
(11)
Off-street parking.
(b)
Off-street parking is not permitted in the side yards. Where
commercial land uses abut residential uses, a landscaped buffer strip
of 20 feet shall be required; however, for lots with a lot width of
less than 200 feet, the buffer shall be 10% of the lot width, but
in no case shall the buffer be less than 10 feet.
(c)
Off-street parking is permitted in the front yard. There shall
be no more than one row of off-street parking within the front yard.
The front yard shall contain four feet of landscaping buffer between
the parking area and any sidewalk.
(d)
Off-street parking is permitted in the rear yard. Parking areas
shall be no closer than 10 feet to any building or the rear property
line. Parking is allowed up to the side property line when adjacent
properties share an alley for access to rear parking. Where commercial
land uses abut residential uses, a landscaped buffer strip of 20 feet
shall be required; however, for lots with a lot depth of less than
200 feet, the buffer shall be 10% of the lot depth, but in no case
shall the buffer be less than 10 feet.
(e)
A minimum of one loading space is required.
(12)
Rear entrance shall be provided for public access to the principal
building from rear parking area.
(13)
Landscape buffer. Where commercial land uses abut residential
uses, a landscaped buffer strip of 20 feet shall be required; however,
for lots with a lot width or lot depth of less than 200 feet, the
buffer shall be 10% of the lot width or lot depth, but in no case
shall the buffer be less than 10 feet.
(14)
Minimum setback from Lubbers Run: 200 feet or as required by
the New Jersey Department of Environmental Protection, whichever is
greater.
(15)
Trash collection. There shall be an area or areas in the rear
yard which is concealed from sight by a permanent structure for the
orderly deposit and pickup of trash and recyclable materials.
F.
Subdivision requirements.
(1)
Any site plan submitted for subdivision approval for two or more
lots must include provisions for shared driveway access to rear parking
areas, limiting the number of driveway curb cuts providing access
to the state highway.
G.
Design standards — provided here for reference.
[1]
Editor's Note: This ordinance also superseded
former § 240-56, Highway Business District, as amended.
A.
Purpose and intent. The purpose and intent of the NC Neighborhood
Commercial District is to:
(1)
Maintain existing commercial uses and encourage additional economic
development in the Township's commercial areas. The uses in this district
are intended to be complementary to existing businesses, provide additional
retail and service businesses, and be compatible with the surrounding
residential uses in order to promote implementation of the objectives
and goals of the Township's Sustainable Economic Development Plan.
(2)
Provide both vehicular- and pedestrian-oriented commercial services
to existing residential neighborhoods. The NC District is not intended
for uses that, due to size or method of operation, increase truck
traffic in the neighboring community.
(3)
Where feasible and appropriate, integration of green infrastructure
(nonstructural mechanisms and elements) is the preferred approach
in the management of stormwater.
B.
Permitted uses.
(1)
Banks and financial institutions including drive-through.
(2)
Banquet halls and catering facility.
(3)
Bars and taverns.
(4)
Bed-and-breakfasts, inns and hotels.
(5)
Brewpubs and microbreweries.
(6)
Community residence for the developmentally disabled.
(7)
Community shelter for victims of domestic violence.
(8)
Dry-cleaning and laundry pickup stations.
(9)
Government, fraternal, civic, charitable, and emergency services/organizations.
(10)
Health and fitness centers.
(11)
Neighborhood shopping centers.
(12)
Outdoor commercial recreation facilities.
(13)
Pharmacies including drive-through.
(14)
Professional and medical offices.
(15)
Restaurants including drive-through.
(16)
Retail sales.
(17)
Retail service.
(18)
Veterinary offices.
C.
Conditional uses.
(1)
Apartments as second principal uses on the second floor.
(2)
Assisted living facilities and nursing homes.
(3)
Automobile repair shop.
(4)
Dry-cleaning and laundry establishments (with non-PERC/PCE solvents).
(5)
Landscaping and home improvement contractors.
(6)
Lawn and garden center.
(7)
Outdoor retail sales.
(8)
Outdoor dining.
(9)
Sidewalk cafes.
(10)
Outdoor displays and sidewalk sales.
(11)
Outdoor entertainment.
(12)
Self-storage facility.
(13)
Tent sales and special events.
D.
Prohibited uses.
(1)
Any use not specifically permitted in the zone.
(2)
Automobile car wash.
(3)
Automobile dealership.
(4)
Automobile fueling stations.
(5)
Junkyard or salvage yard.
(6)
Light industry.
(7)
Manufacturing.
(8)
Outdoor advertising or billboard.
(9)
Retail warehouse.
(10)
Sexually oriented business.
(11)
Warehousing.
E.
Zoning bulk requirements.
(1)
Tract size: a minimum of 20,000 square feet, measured within 200
feet of the front property line.
(2)
Building footprint: a maximum of 40% of the property.
(3)
Front yard: not less than 65 feet and not more than 80 feet. There
shall be no more than two rows of off-street parking within the front
yard. The front yard shall contain four feet of landscaping buffer
between the parking area and any sidewalk.
(4)
Side yards: not less than 10 feet when abutting a right-of-way or
residential use. No minimum setback required when abutting a similarly
zoned lot except for the purpose of accessing the rear yard or for
on-site circulation.
(5)
Rear yard: not less than 20 feet from rear property line to a principal
or accessory structure and not less than 10 feet from the edge of
paved parking area.
(6)
Building separation. The minimum separation distance between buildings
shall be 10 feet.
(8)
Lot coverage: a maximum of 70% of the property.
(9)
Off-street parking.
(b)
Off-street parking is not permitted in the side yards. Where
commercial land uses abut residential uses, a landscaped buffer strip
of 20 feet shall be required; however, for lots with a lot width of
less than 200 feet, the buffer shall be 10% of the lot width, but
in no case shall the buffer be less than 10 feet.
(c)
Off-street parking is permitted in the front yard. There shall
be no more than two rows of off-street parking within the front yard.
The front yard shall contain four feet of landscaping buffer between
the parking area and any sidewalk.
(d)
Off-street parking is permitted in the rear yard. Parking areas
shall be no closer than 10 feet to any building or the rear property
line. Parking is allowed up to the side property line when adjacent
properties share an alley for access to rear parking. Where commercial
land uses abut residential uses, a landscaped buffer strip of 20 feet
shall be required; however, for lots with a lot depth of less than
200 feet, the buffer shall be 10% of the lot depth, but in no case
shall the buffer be less than 10 feet.
(e)
A minimum of one loading space is required.
(10)
Landscape buffer. Where commercial land uses abut residential
uses, a landscaped buffer strip of 20 feet shall be required; however,
for lots with a lot width or lot depth of less than 200 feet, the
buffer shall be 10% of the lot width or lot depth, but in no case
shall the buffer be less than 10 feet.
(11)
Trash collection. There shall be an area or areas in the rear
yard which is concealed from sight by a permanent structure for the
orderly deposit and pickup of trash and recyclable materials.
F.
Accessory use standards.
(1)
Outdoor storage for outdoor commercial recreation facilities shall
be limited to defined areas of the site that do not exceed 50% of
the lot area and shall be demarcated within those defined areas on
the site. The demarcation may consist of landscaping and/or fencing
to create an attractive border.
G.
Subdivision requirements.
(1)
Any site plan submitted for subdivision approval for two or more
lots must include provisions for shared driveway access to rear parking
areas, limiting the number of driveway curb cuts providing access
to the state highway.
H.
Design standards - provided here for reference.
[1]
Editor's Note: This ordinance also superseded
former § 240-57, B-2 Shopping Center District, as amended.
A.
Primary intended uses. The C-R Commercial Recreation
District is designed to permit certain commercial, recreational and
open-air uses limited to golf courses, golf driving ranges, pitch-and-putt
courses, riding stables, swim clubs, tennis clubs, picnic grounds,
children's camps, campsites and retail sales and services that are
accessory to these recreational activities, provided that:
(1)
Such uses are located on tracts of land not less than
20 acres.
(2)
No structure shall be constructed closer than 100
feet to any public thoroughfare nor 100 feet from any other property
line.
(3)
Uses commonly associated with amusement parks, such
as Ferris wheels or other moving rides, including trains, cars or
wagons, are expressly prohibited.
(4)
The use shall be conducted in such a manner that there
shall be no direct or sky-reflected glare exceeding 0.5 footcandle,
measurable at the property line of the lot occupied by such use. The
only lighting permitted to illuminate the area shall be of such a
nature that the direct source of light is not visible from any street
or any adjoining property.
(5)
The design of any pitch-and-putt course, golf course,
golf driving range or any permitted accessory use shall be of such
a nature so as to ensure against the possibility of damage to any
adjoining property or injury to any person using a public right-of-way.
No barriers for the elimination of such hazards exceeding six feet
in height shall be allowed within 200 feet of any public right-of-way.
(6)
Grounds and camping sites shall be limited to seasonal
operation between April 1 and October 31, subject to the following
additional requirements:
B.
Height. No structure shall exceed a maximum of two
stories in height or 28 feet in height, whichever is the lesser.
[Amended 7-17-1995 by Ord. No. 5-1995]
C.
Maximum density of campsites. There shall be a minimum
ground cover density as prescribed by the New Jersey Campground Code.
D.
Site plan review. Prior to the issuance of a building
permit or certificate of occupancy, the Planning Board shall review
and approve a site plan.
E.
Off-street parking. Off-street parking areas shall be provided to ensure one-hundred-percent off-street parking to all participants at all times under all conditions, including the requirements of § 240-38B.
F.
Residential use. There shall be no residential use
within the C-R District, except that there shall be permitted on any
lot, parcel or tract located within the C-R District one residential
quarters for an owner, watchman or caretaker and his or her family.
All other residential structures within the C-R District shall be
prohibited.
[Added 6-20-2017 by Ord.
No. 10-2017[1]]
|
The Byram VC - Village Center Zone shall be considered a Form-Based
Code Planned Development, in accordance with the Municipal Land Use
Law requirements. The planned development will be consistent with
the standards and intent set forth in this code. The Planning Board
shall find the following facts and conclusions:
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|
a.
|
That departures by the proposed development from zoning regulations
otherwise applicable to the subject property conform to the zoning
ordinance standards pursuant to Subsection 52c. of this act;[2]
| |
|
b.
|
That the proposals for maintenance and conservation of the common
open space are reliable, and the amount, location, and purpose of
the common open space are adequate;
| |
|
c.
|
That provision through the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic,
and the amenities of light and air, recreation and visual enjoyment
are adequate;
| |
|
d.
|
That the proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established;
| |
|
e.
|
In the case of a proposed development, which contemplates construction
over a period of years, that in the terms and conditions intended
to protect the interests of the public and of the residents, occupants
and owners of the proposed development in the total completion of
the development are adequate.
| |
|
The Byram VC - Village Center Zone shall be developed in accordance with the standards contained in this section and the standards and objectives of Article XIV (Affordable Housing) of the Byram Township Land Development Ordinance, as well as Chapters 45 and 215. Where standards are in conflict, the provisions or standards of this section shall control.
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|
The primary intent of this section of the Land Development Ordinance
is to establish the VC Zone and create a regulatory framework to implement
the Form-Based Code. This section applies to area described below,
and as designated by the Highlands Council as the Byram Village Center.
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A.
Village Center Zone - location and description.
(1)
For the purposes of this code, the Village Center is composed of
two lots: Block 365, Lot 2 (HRS Drilling Company, Incorporated), and
Block 365, Lot 5 (Western World, Incorporated). The Village Center
encompasses lands immediately adjacent to Lackawanna Drive and Route
206. It is approximately 56 acres in size and is located along Route
206. The Village Center is bound by Route 206 to the west, Lackawanna
Drive to the north, the Wild West City Theme Park to the east, and
the East Brookwood neighborhood (under the current R-2, R-3, and R-4
Residential Zones) to the south.
(2)
Four other properties are also included within the VC Zone boundary:
Block 365, Lot 1.03, containing the DOT's detention basin and Lackawanna
Drive realignment area; Block 365, Lot 1.01, 56 Route 206, containing
the Byram Car Wash (automobile car wash); Block 365, Lot 1.02, 58
Route 206, containing the Mavis Tire Sales (automobile repair shop);
and Block 365, Lot 3, containing a historic cemetery and included
in the preserved land in the southern portion of the VC Zone. These
properties are subject to the VC Zone, however, the existing uses
Block 365, Lot 1.01, 56 Route 206, containing the Byram Car Wash (automobile
car wash); Block 365, Lot 1.02, 58 Route 206, containing the Mavis
Tire Sales (automobile repair shop) shall be regulated by the VB Zone
standards.
B.
Intent, vision and principles.
(2)
Smart growth. The area is intended to take advantage of its central
location and proximity to community amenities and infrastructure.
The primary purpose is to provide for carefully planned development
through mixed uses and specific commercial and residential developments,
oriented around new civic buildings and public spaces. The area is
intended to provide pedestrian-oriented commercial services to future
and existing residential neighborhoods and to create a new "center"
as a community focus for the Township. The commercial and residential
areas within the Village Center must be well integrated to create
a neo-traditional, pedestrian-oriented, village-like development.
The intent of the Plan is to encourage new development while still
providing for open space, common greens, and civic centers.
(3)
Affordable housing. The Village Center is designated as the Township's
smart growth approach to aid in satisfying its Second and Third Round
Mt. Laurel Superior Court Judgment of Compliance. The Village Center
allows for additional commercial development if affordable rental
apartments are included in mixed-use buildings, creating a mix of
residential over commercial in the village. The Township specifically
withheld the remaining (40,000 gpd) sewer gallonage allotted to it
to provide the density necessary to provide for affordable housing
through the Third Round. The number of rental units mandated by this
Plan will utilize the existing infrastructure and provide housing
in the limited extent of the Highlands Planning Area, rather than
attempting to increase density in the Preservation Area. The mandatory
set aside of affordable units in the Village Center is to be internally
subsidized by the market rate housing and the market commercial development.
(4)
Vision.
(a)
The Village Center Form-Based Code envisions the highest density
of development adjacent to Route 206 or Lackawanna Drive. Such development
would consist of mixed-use retail with office and residential spaces
on upper floors. The interior of the Village Center is intended to
feature a central green with civic buildings having a high degree
of pedestrian uses. Surrounding the green and in relation to protected
open space should be a mix of housing types creating identifiable
neighborhoods.
(b)
Village Center Form-Based Code concept is designed to permit
a planned development with a mixture of land uses that collectively
will generate less vehicular traffic and encourage pedestrian activity
to the maximum extent possible. The area will consist of a dynamic
mixture of shops, offices, entertainment, housing, recreation and
community facilities. Accordingly, this design envisions the best
aspects of small village downtowns, while providing connections to
greenways and trails. A village green is the central focal point of
the center. The green is surrounded by a mix of housing types, civic
uses, retail shops and has multiple connections to nearby retail uses
along Route 206 and trailways. Entertainment and mixed uses are arranged
to enhance community life. Small locally owned stores benefit from
foot traffic generated between them and nearby parking. Housing located
in the center creates a twenty-four-hour presence and is convenient
for seniors and others who place a high value on convenience and proximity
to activity.
(c)
A mixture of land uses is a critical component in creating a
vibrant center. While the existence of attractive buildings aids in
establishing the market for the center, a mix of land uses results
in diversity necessary for a successful center. Typically, the most
successful centers encourage uses ranging from retail sales and service,
office on upper floors, public buildings, public spaces, entertainment
and residences. Almost without exception, all successful centers have
residents living within and around the center, which encourages "after
hour" vitality. In creating a center, one of the primary goals is
to encourage this diverse mixture of people, stores, services, and
attractions.
(5)
Principles. The Village Center's design and implementation through
this Form-Based Code is based on a philosophy of smart and sustainable
development, as reflected in the following set of principles:
(a)
Smart growth principles.
[1]
Create an attractive diverse community of mixed-use development,
open space, civic buildings and residential uses to create a vibrant
center.
[2]
Provide well-designed public places and open spaces to accommodate
and promote active community use, which includes larger organized
community events and activities.
[3]
Build upon the planned neo-traditional retail development along
Route 206 and redevelop portions of existing development in keeping
with new zoning and design standards.
[4]
Protect the area from strip or big-box development.
[5]
Coordinate investment for roads, water and sewerage facilities,
schools, transportation, and other public facilities to support new
growth in areas designated for growth.
[6]
Enhance the visual character and beauty of the Township through
preservation of important visual corridors, landscaping, and perpetuation
of the architectural themes consistent with Waterloo Village and this
plan.
[7]
Promote economic development by encouraging retail, trade, service
and tourism uses, particularly in relation to historic and recreational
sites and cultural events.
(b)
Land use principles.
[1]
Develop the area at a density that creates a sense of place,
encourages pedestrian activity and uses infrastructure efficiently.
[2]
Encourage housing on upper floors above retail stores in order
to provide the necessary residential critical mass to make the project
feasible.
[3]
Create a pedestrian-friendly center easily accessible from neighboring
residential areas.
[4]
Offer enhanced social, environmental, economic and aesthetic
development design.
(c)
Environmental principles.
[1]
Support environmental stewardship through reduced land consumption,
improved water and air quality, protection of natural resources and
attractive landscapes, and permanent preservation of substantial open
space.
[2]
Integrate on-site natural features into future development.
[3]
To preserve substantial open space and protect environmentally
sensitive lands, natural resources and attractive landscapes.
[4]
Provide open space amenities for all residents in the center
and surrounding areas.
(d)
Infrastructure principles.
[1]
Create pedestrian walkways, bikeways, and other pathways to
enhance both the ability and desirability of walking and bicycling.
[2]
Design interior roadways to meet the needs of motor vehicles,
pedestrians and bicyclists.
[3]
Provide sufficient parking spaces to support demand while providing
opportunities to reduce automobile trips through development design
and opportunities for shared parking.
[4]
Encourage lateral connections between parking lots.
[5]
Provide, maintain and expand utilities, community facilities
and services necessary for the area.
[6]
Where feasible and appropriate, integration of green infrastructure
(nonstructural mechanisms and elements) is the preferred approach
in the management of stormwater.
(e)
Affordable housing principles.
[1]
Provide the affordable housing for Township citizens including
seniors, young professionals, young families and working adults in
a traditional neighborhood within the Township.
[2]
Aid in meeting the Township Second and Third Round COAH obligation
in the only remaining area of the Township with adequate utility infrastructure
and sewer allocation within the Highlands Planning Area.
(f)
Design principles.
[1]
Foster small-town charm as a key design element for future development.
[2]
Create building design that ensures privacy, safety and contributes
to the long-term desirability of the community.
[3]
Require mixed-use buildings and new or redeveloped commercial
construction to be located in close proximity to the street to create
an inviting pedestrian-friendly environment.
[4]
Utilize landscaping and theme signage to accentuate the natural
and built environment, connectivity and community identity.
C.
Form-Based Code: components of the Code.
(1)
Form-Based Code. According to the Form Based Code Institute (2008),
a form-based code is defined as "a means of regulating development
to achieve a specific urban form. The Code addresses the relationship
between building facades and the public realm, the form, and mass
of buildings in relation to one another, and the scale and types of
streets and blocks. The regulations and standards are keyed to a regulating
plan that designated the appropriate form and scale of development."
Form-based codes are regulatory and are intended to serve as a tool
to designate the locations where different building uses apply, while
enforcing appropriate bulk standards and design guidelines, per the
Township's ordinance.
(2)
Components of the Code:
(a)
(b)
Each of these components are defined and described below:
[1]
District Regulating Map (Map 2,[9] as attached and adopted as part of the Zone Map of the
Township of Byram). The Regulating Plan serves as the zoning map in
the VC. The district boundaries established by Map 2: District Regulating
Map shall supersede the boundaries of any existing zoning within the
Village Center Zone. The Regulating Plan specifically regulates locations
of the various residential, commercial uses, and green spaces permitted
within the VC Zone. The Regulating Plan also depicts the street network,
open space, and overall land use plan of the VC. The Regulating Plan
ensures compliance with the zone and district standards and design
standards presented in this Code. Any deviation from the land uses
designated in the Regulatory Plan requires a use variance.
[b]
The following districts are also delineated on
the District Regulating Map and will follow specific standards as
established by the development standards and the appropriate authority:
[i]
Preserved Open Space (Byram Township/Highlands
Commission).
[ii]
Roads (New Jersey Department of Community Affairs
Residential Site Improvement Standards, N.J.A.C. 5:21-1.1; Byram Township
LU Ordinance/AASHTO Standards).
[iii]
DOT Detention Basin (New Jersey State Department
of Transportation).
[iv]
DOT Realignment Area (New Jersey State Department
of Transportation).
[9]
Editor's Note: Said map is on file in the Township offices.
[2]
Zone standards. The zone standards subsection establishes the
primary goals and the general development regulations including the
uses, coverage and deviations permitted on the Village Center Zone
as a whole.
[3]
District standards. The district standards subsection establishes
the uses, lot sizes, setbacks, building heights, and the other applicable
standards in each VC District. Any deviation from the principal permitted
uses requires a "d" variance.
[4]
Density Regulating Map (Map 3,[10] as attached and adopted as part of the Zone Map of the
Township of Byram). The Density Regulating Map illustrates the maximum
amount of development permitted in each VC District - either in number
of residential units, in square feet of nonresidential development
or both. The density standards shall apply to all proposed buildings
within all VC districts to comply with the Highlands Council and the
available infrastructure for the VC Zone. Any deviation from the Density
Regulating Map requires a variance in accordance with the Municipal
Land Use Law.[11] Increase in the total amount of development is not permitted.
[5]
Height Regulating Map (Map 4,[12] as attached and adopted as part of the Zone Map of the
Township of Byram). The Height Regulating Map illustrates the maximum
building height in stories and feet permitted in each VC district.
The height standards shall apply to all proposed buildings within
all VC districts. Any deviation from the Height Regulating Map requires
a variance in accordance with the Municipal Land Use Law.[13]
[6]
Architectural standards. The architectural standards regulate
the architectural elements of a building and set the parameters for
configurations, styles, construction techniques, and desired materials.
The standards also regulate the design of various elements of the
buildings within the districts including facades, roofs, fences, walls,
and awnings. Any deviations shall be considered design standard waivers
in accordance with the Byram Land Use Ordinance and the Municipal
Land Use Law.[14]
[14]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[7]
Development standards. The development standards regulate the
site planning and improvement within the VC Zone. These include parameters
for parking, loading and service areas; streets and streetscaping;
landscaping; lighting; and utilities and infrastructure. Any deviations
shall be considered design standard waivers in accordance with the
Byram Land Use Ordinance and the Municipal Land Use Law.[15]
[15]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[8]
Illustrative Site Layout/Building Use Plan (Map 5).[16]
[a]
The illustrative site layout/building use plan
serves as the preferred relationship of buildings, commercial areas,
and parking, based on the regulatory plan and the remainder of the
bulk requirements and design standards. The illustrative plan specifically
depicts the parcel layout, pedestrian network, open space amenities,
and overall preferred building locations for the VC. However, it is
recognized that the core principles of the illustrative plan contained
herein can be applied in many different and creative ways. Therefore,
although the proposed design elements depicted in the illustrative
plan are binding in principle as elements of the final outcome, flexibility
is allowed in the manner that these improvements are ultimately designed
by the property owner/applicant and built.
[b]
It is proposed that a maximum deviation of 20%
of the parcel layout, pedestrian network, open space amenities, and
overall preferred building locations of the VC, depicted in the illustrative
plan is permitted. Deviation from this requirement would require a
design waiver from the illustrative plan. All development applications
must file for major subdivision and preliminary and final site plan
before the Township's Planning Board.
[16]
Editor's Note: Said map is on file in the Township offices.
D.
VC Zone standards.
(1)
Tract standards.
|
Provision
|
Requirement
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|---|---|---|
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Minimum tract
|
Block 365, Lot 2, and Block 365, Lot 5, approximately 56 acres
in size.
| |
|
Total tract impervious coverage
|
Maximum 50% of total tract area.
| |
|
Commercial space (buildings)
|
Maximum of 90,550 square feet of nonresidential area, including
retail, office and other commercial space.
| |
|
Preserved open space
|
Minimum 45% of tract area, including environmentally sensitive
areas, stream corridors and critical habitats.
| |
|
Municipal use area
|
1.
|
Minimum of 2 acres located on the village green, which shall
include a public park.
|
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2.
|
A 12,000-square-foot building for municipal purposes, such as
use by the Township administratiotn for offices, community meeting
space, to serve the public interest of the residents of Byram Township.
| |
|
3.
|
Mature or specimen trees shall be preserved, and trails and
park amenities and furniture shall be included. This open space requirement
shall not include lawn or landscaped areas on private residential
or commercial lots.
| |
|
Perimeter setback
|
Minimum 15 feet to Village Center bBoundary.
| |
|
Setback from Lubbers Run
|
Minimum of 300 feet or the setback required by NJDEP, whichever
is greater.
| |
|
Streets and drives
|
1.
|
All areas identified as roads on Map 2: District Regulating
Map will comply with the New Jersey Residential Site Improvement Standards
(RSIS).
|
|
2.
|
These areas will be designated as public right-of-way and shall
be transferred to the Township for public use.
| |
|
3.
|
Additional standards for design, streetscaping, and lighting are regulated through Subsection H, Development standards, of this code.
| |
|
Signage
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|
Parking
|
Residential: in accordance with district standards of this code
and RSIS.
Nonresidential: in accordance with the district standards, and
with the Township Combined Land Use Ordinance.
| |
|
Use area boundaries
|
Minor deviation shall be considered within 5% of the land area
and subject to site design waiver approval. Major deviation shall
be considered from 5% to 20% of the land area and subject to "c" variance
approval. In no case shall any deviation be greater than 20% of the
land area.
| |
(2)
Planning and phasing. The VC shall be developed under an overall
preliminary and final major subdivision and preliminary and final
site plan submission/approval process. The VC shall also be subject
to a developer's agreement with the Township.
(4)
Preserved open space. Approximately 25 acres in the southern portion
of the VC Zone are reserved as preserved open space, to comply with
the Byram's Highlands Commission Plan Conformance Consistency Review
Report (dated March 2010), as shown on Map 2: District Regulating
Map.[17] According to the report, this preserved open space ".
. .provides protection of approximately 25 acres . . .representing
high integrity forest, Prime Ground Water Recharge Area and Critical
Habitat in the Planning Area. . ." and "ensures that protected lands
constitute contiguous forest resource lands, eliminating what would
otherwise have been fragmented areas of open space, likely requiring
significant areas of forest disturbance."
[17]
Editor's Note: Said map is on file in the Township offices.
(5)
DOT detention basin and realignment area. Approximately 3.9 acres
in the northwest portion of the VC Zone contain a detention basin
and the realignment of Lackawanna Drive going west from Route 206,
as shown on Map 2: District Regulating Map.[18] These areas have been designed and developed by the New
Jersey Department of Transportation.
[18]
Editor's Note: Said map is on file in the Township offices.
E.
District standards.
(1)
One-Family Residential District.
(a)
District purpose. One-family residential development is located
in the interior of the Village Center and provides detached residential
dwellings. The district provides for 30 units on approximately 6.56
acres (an average density of 4.6 dwelling units per acre), as shown
on the Map 3: Density Regulating Map.[19]
[19]
Editor's Note: Said map is on file in the Township offices.
(b)
Permitted, accessory and conditional uses:
|
Permitted
|
Accessory
|
Conditional
| |
|---|---|---|---|
|
One-family dwelling (principal)
|
Yes
| ||
|
Garage - attached
|
Yes
| ||
|
Garage - detached
|
Yes
| ||
|
Parking
|
Yes
| ||
|
Pool
|
Yes
| ||
|
Shed/gazebo
|
Yes
| ||
|
Deck/patio
|
Yes
| ||
|
Public uses
|
Yes
| ||
|
Public utilities
|
Yes
|
(c)
Lot area, building coverage, massing and setbacks:
|
Standard
|
Minimum
|
Maximum
|
|---|---|---|
|
Lot area
|
8,500 square feet
|
10,000 square feet
|
|
Lot depth
|
100 feet
|
None
|
|
Lot width
|
50 feet
|
65 feet
|
|
Street frontage
|
50 feet
|
65 feet
|
|
Lot disturbance
|
None
|
50%
|
|
Principal building coverage
|
None
|
15%, up to 2,000 square feet
|
|
Building height
|
1 story/15 feet
|
2.5 stories/32 feet
|
|
Garage (attached or detached)
|
1-car garage
|
2-car garage
|
|
Front yard setback [1]
|
12 feet
|
20 feet
|
|
Rear yard setback (principal building)
|
30 feet
|
None
|
|
Side yard setback
|
5 feet one side, 12 feet combined
|
10 feet one side, 30 feet combined
|
|
Attached garage (rear-loaded, rear setback)
|
20 feet from alley
|
None
|
|
Detached garage (rear-loaded, rear setback)
|
20 feet from alley
|
None
|
|
Accessory buildings setback (shed) [2]
|
5 feet from all property lines
|
None
|
|
Accessory structure setback (pool, deck, etc.) [2]
|
10 feet from all property lines
|
None
|
|
NOTES:
| |
|---|---|
|
[1]
|
Front porches are encouraged and may encroach into the front
yard setback for up to a maximum of eight feet.
|
|
[2]
|
Located behind front yard setback on any street line.
|
(2)
Two- to Four-Family Residential District.
(a)
District purpose. Two- to four-family residential development
is located in the interior of the Village Center and provides medium-density
multistory, multifamily residential dwellings. They act as a transition
between the mixed-use core and one-family areas. The district provides
for eight units on approximately 1.6 acres (an average density of
five units per acre), as shown on the Map 3: Density Regulating Map.[20]
[20]
Editor's Note: Said map is on file in the Township offices.
(b)
Permitted, accessory and conditional uses:
|
Permitted
|
Accessory
|
Conditional
| |
|---|---|---|---|
|
Multifamily dwelling
|
Yes
| ||
|
Condominiums
|
Yes
| ||
|
Garage - attached
|
Yes
| ||
|
Garage - detached
|
No
| ||
|
Parking
|
Yes
| ||
|
Deck/patio
|
Yes
| ||
|
Public uses
|
Yes
| ||
|
Public utilities
|
Yes
|
(c)
Lot area, building coverage, massing and setbacks:
|
Standard
|
Minimum
|
Maximum
|
|---|---|---|
|
Lot area
|
7,200 square feet
|
15,000 square feet
|
|
Lot depth
|
120 feet
|
200 feet
|
|
Lot width
|
60 feet
|
100 feet
|
|
Bedrooms
|
1 per unit
|
2 per unit
|
|
Units per structure
|
2 units
|
4 units
|
|
Building height
|
2 stories/24 feet
|
2.5 stories/32 feet
|
|
Front yard setback [1]
|
12 feet
|
20 feet
|
|
Rear yard setback
|
30 feet
|
None
|
|
Side yard setback
|
12 feet one side; 30 feet combined
|
15 feet one side; 40 feet combined
|
|
NOTES:
| |
|---|---|
|
[1]
|
Front porches are encouraged, and may encroach into the front
yard setback for up to a maximum of eight feet.
|
(d)
Parking requirements:
[1]
Minimums: Two parking spaces per unit are required for the two-to-four-family
dwellings.
[2]
Location: All parking must be on site and no parking calculation
can include on-street parking.
[3]
Parking type: The on-site parking needs can be met through a
combination of surface parking, internal attached garages, and external
attached garages.
[4]
Access: 100% of all garages must be solely accessed from a side
or rear alley.
[5]
Internal garages: Internal attached garages may include up to
four spaces or parking bays.
[6]
External garages: External attached garages may not exceed two
parking spaces or parking bays.
[7]
Setbacks: The on-site parking requirements are subject to these
additional requirements.
[a]
Attached garages shall be located in the rear,
shall have a minimum rear setback of 20 feet from rear alleyway, and
shall have a side yard setback of 10 feet.
[b]
Surface parking shall be located in the rear, shall
have a minimum setback of 10 feet from rear alleyway, and shall have
a side yard setback of five feet.
(3)
Townhouse Residential District.
(a)
District purpose. Townhouse residential development is located
in the interior of the Village Center and provides medium-density
attached residential dwellings. They act as a transition between the
mixed-use core and one-family areas. The district provides for 24
units on approximately 3.38 acres (an average density of seven units
per acre), as shown on the Map 3: Density Regulating Map.[21]
[21]
Editor's Note: Said map is on file in the Township offices.
(b)
Permitted, accessory and conditional uses:
|
Permitted
|
Accessory
|
Conditional
| |
|---|---|---|---|
|
Townhouse dwelling (principal)
|
Yes
| ||
|
Garage - attached
|
Yes
| ||
|
Garage - detached
|
No
| ||
|
Parking
|
Yes
| ||
|
Deck/patio
|
Yes
| ||
|
Public uses
|
Yes
| ||
|
Public utilities
|
Yes
|
(c)
Lot area building coverage, massing and setbacks:
|
Standard
|
Minimum
|
Maximum
|
|---|---|---|
|
Lot area
|
15,000 square feet
|
30,000 square feet
|
|
Lot depth
|
120 feet
|
300 feet
|
|
Lot width
|
120 feet
|
300 feet
|
|
Principal building coverage
|
20%
|
35%
|
|
Bedrooms
|
1 per unit
|
4 per unit
|
|
Units per structure
|
4
|
6
|
|
Building height
|
2 stories/24 feet
|
2.5 stories/32 feet
|
|
Garage, number [1]
|
1-car garage
|
2-car garage
|
|
Front yard setback [2]
|
10 feet/each unit; offset 4 feet
|
20 feet
|
|
Rear yard setback principal building
|
20 feet
|
None
|
|
Side yard setback
|
10 feet one side, 15 feet combined
|
15 feet one side, 30 feet combined
|
|
Garage, setback
|
20 feet from alley
|
None
|
|
NOTES:
| |
|---|---|
|
[1]
|
Only internal garages are permitted.
|
|
[2]
|
Front porches are encouraged and may encroach into the front
yard setback for up to a maximum of six feet.
|
(d)
Location/access of parking and accessory uses:
(4)
Village Core Mixed-Use Districts.
(a)
The core of the Village Center contains the highest density
of development adjacent to Route 206 and/or Lackawanna Drive. Such
development would consist of mixed-use retail with office and residential
spaces on upper floors. The districts together provide for a maximum
of 90,550 square feet of commercial/retail space and 68 apartment
units on the upper floors on approximately seven acres.
(b)
Principles:
[1]
Create a strong street edge of mixed-use buildings with retail
on ground floor with residential and commercial uses permitted by
right in the upper floors.
[2]
Create opportunities for a mix of retail, office, eating/dining
and entertainment uses.
[3]
Create opportunities for pedestrian-friendly spaces such as
outdoor dining, plazas and a walkable "Main Street" environment.
(c)
Permitted, accessory and conditional uses:
|
Village Core and Village Mixed-Use
| |||
|---|---|---|---|
|
Permitted
|
Accessory
|
Conditional
| |
|
Apartments above the first floor
|
Yes
| ||
|
Art galleries
|
Yes
| ||
|
Banks and financial institutions
|
Yes
| ||
|
Bars and taverns
|
Yes
| ||
|
Inns and hotels
|
Yes
| ||
|
Brewpubs and microbreweries
|
Yes
| ||
|
Dry-cleaning and laundry pickup stations
|
Yes
| ||
|
Government, fraternal, civic, charitable, and emergency services/organizations
|
Yes
| ||
|
Health and fitness centers
|
Yes
| ||
|
Live/work uses [1]
|
Yes
| ||
|
Sidewalk cafes
|
Yes
| ||
|
Outdoor displays and sidewalk sales
|
Yes
| ||
|
Pharmacies
|
Yes
| ||
|
Professional and medical offices
|
Yes
| ||
|
Restaurants
|
Yes
| ||
|
Retail sales
|
Yes
| ||
|
Retail services
|
Yes
| ||
|
Small movie theaters [2]
|
Yes
| ||
|
Tent sales and special events
|
Yes
| ||
|
Wellness centers/spa
|
Yes
| ||
|
Plaza/open space
|
Yes
| ||
|
Public/quasi-public uses [3]
|
Yes
| ||
|
Public utilities
|
Yes
| ||
|
Parking
|
Yes
| ||
|
Signage
|
Yes
| ||
|
NOTES:
| |
|---|---|
|
[1]
|
Live/work uses: offices, studio, display/sales areas and living
areas for licensed professionals, service providers and artisans.
|
|
[2]
|
Small movie theaters: one or two screens, with maximum 500 seating
capacity.
|
|
[3]
|
Public/quasi-public use: such as museum, civic space, community
center, library, etc. Public plazas, either standalone or in combination
with these public/quasi-public uses, are encouraged.
|
(d)
Lot area, building coverage, massing and setbacks:
|
Village Core
|
Village Mixed-Use
| |||
|---|---|---|---|---|
|
Minimum
|
Maximum
|
Minimum
|
Maximum
| |
|
Lot depth
|
100 feet
|
None
|
100 feet
|
None
|
|
Lot width
|
60 feet
|
None
|
60 feet
|
None
|
|
Building depth
|
40 feet
|
60 feet
|
40 feet
|
60 feet
|
|
Building width
|
50 feet
|
100 feet
|
75 feet
|
100 feet
|
|
Building height [1]
|
2 stories/25 feet
|
3 stories/35 feet
|
2 stories/25 feet
|
3 stories/35 feet
|
|
Building footprint
|
2,000 square feet
|
8,000 square feet
|
3,000 square feet
|
6,000 square feet
|
|
Front yard setback
|
0 feet
|
12 feet
|
6 feet
|
18 feet
|
|
Rear yard setback [2]
|
40 feet
|
None
|
40 feet
|
None
|
|
Side yard setback
|
8 feet
|
None
|
15 feet
|
None
|
|
NOTES:
| |
|---|---|
|
[1]
|
The ground floor level shall have a minimum height of 14 feet
with floor surface no more than two feet higher than the sidewalk.
|
|
[2]
|
Minimum 10 feet of buffer and landscaping.
|
(e)
Parking requirements:
[1]
Location and access: Surface parking areas shall be located
behind buildings and accessed by a rear alleyway. Centralized rear
parking areas shall be considered to increase efficiency and minimize
curb cuts.
[2]
On-street parking: On-street parallel parking shall be provided
and encouraged throughout the mixed-use core.
[3]
Parking requirements: Parking shall be provided according to these minimum requirements, in addition to the requirements set forth in § 240-38. Where standards are in conflict, the provisions or standards of this section shall control.
[a]
Offices uses shall require one space per 400 square
feet of gross floor area.
[b]
Retail uses shall require one space per first 400
square feet plus one space per each additional 350 square feet.
[c]
All residential apartment parking shall be provided
as per RSIS standards. Residential parking must be provided on site
and shall not rely on on-street parking to meet requirements.
[d]
Inn/hotel uses shall have one space per room plus
one space per four restaurant seats.
[e]
Restaurant/bar/tavern uses shall have one space
per three seats or three persons, according to the occupancy maximum
permitted by the fire code official.
[f]
Parking requirements for other uses (not listed)
shall be determined by the Planning Board.
(5)
Civic Use District.
(a)
The primary use of land within this district shall be for civic
buildings, parks, plazas, greenways or other types of public spaces
including surface or structured facilities for the provision of public
parking.
[1]
A minimum of one civic building with a building footprint area
of approximately 12,000 square feet.
[2]
Architecturally unique buildings that shall have a dominant
presence on the Village Green.
[3]
The municipal use lot and the municipal building shall be located
and designed to maximize the visibility of the civic building, creating
a visual terminus from the central green.
[4]
The municipal building shall be designed in accordance with
all other design guidelines for all structures in the Village Center,
unless the design concept enhances the Village Center in such a manner
as to be more beneficial than strict adherence to the design guidelines.
[5]
The municipal use lot and building shall be transferred to the
Township for public use.
(6)
Park District.
(a)
The interior of the Village Center is intended to feature a
central green with civic buildings having a high degree of pedestrian
uses. The Village Green is proposed to be large and prominent and
provide space for community events, such as outdoor concerts, fireworks
displays, etc.
(b)
Civic Use District and Park District permitted, accessory and
conditional uses:
|
Permitted
|
Accessory
|
Conditional
| |
|---|---|---|---|
|
Civic buildings [1]
|
Yes
| ||
|
Parks and playgrounds
|
Yes
| ||
|
Farmers' markets and seasonal events
|
Yes
| ||
|
Outdoor entertainment (amphitheater, concerts)
|
Yes
| ||
|
Parking
|
Yes
| ||
|
Public uses
|
Yes
| ||
|
Signage
|
Yes
| ||
|
Public utilities
|
Yes
|
|
NOTES:
| |
|---|---|
|
[1]
|
Community and municipal buildings such as public library, community
center, post office and a municipal building.
|
(7)
Additional district regulations.
(a)
Prohibited uses. Any use not listed above is prohibited. This
shall include, but is not limited to, the following:
[1]
Any use not specifically permitted in the zone.
[2]
Automobile car wash.
[3]
Automobile dealership.
[4]
Automobile fueling stations.
[5]
Automobile repair shop.
[6]
Banquet halls and catering facilities.
[7]
Drive-up facilities and uses.
[8]
Junkyard or salvage yard.
[9]
Light industry.
[10]
Manufacturing.
[11]
On-site dry-cleaning facilities.
[12]
Outdoor advertising or billboard.
[13]
Retail warehouse.
[14]
Sexually oriented business.
[15]
Warehousing.
(8)
Conditional uses. The following conditional uses are subject to the standards and provisions set forth in Article X of this chapter. Where standards conflict, the objectives and standards set forth in Article X shall govern, except where federal or state regulations supersede:
(a)
Public utility facilities are conditionally permitted when necessary
for development build-out within the Village Center Zone, or if required
by a federal, state or county agency.
(b)
Apartments are conditionally permitted if on the second or third
floor. No apartment shall be built on a first floor or in a one-story
building, unless the number of apartments on site would require an
elevator, then a first-floor apartment would be permitted for ADA
compliance only.
(c)
Sidewalk cafes. The provision of food and drink as an addition
or extension of a permitted principal use on a sidewalk outside the
principal building is subject to site plan approval in accordance
with this chapter and subject to the following conditional use standards:
[1]
Operations. The operator of the sidewalk cafe and the hours
of operation shall be the same as the principal business. No food
shall be prepared outside the building.
[2]
Contents. Sidewalk cafes may include seats, tables, umbrellas,
and plant materials. Sidewalk cafes may not include refuse receptacles
within the confines of the eating area. All materials shall be durable
and moveable; lightweight plastic tables and seats shall not be permitted.
[3]
Location. Sidewalk cafes may be delineated by nonpermanent barriers
such as planters or decorative railings. Sidewalk cafes shall be located
upon sidewalk areas, adjacent to the building facade, must provide
for and maintain at least five feet of unobstructed sidewalk for the
circulation of patrons and pedestrians. Sidewalk cafes may not be
located along the curbside; the curbside must be kept free of all
obstructions to provide visibility for pedestrians and motorists.
[4]
Music. Live or recorded music shall be permitted within the
sidewalk cafes provided that all such music shall comply with decibel
level limits per municipal and state sound regulations.
[5]
Lighting. All sidewalk cafes shall be illuminated in accordance
with municipal regulations. Flashing, blinking, glowing, or animated
lighting shall not be permitted.
[6]
Umbrellas. Opened umbrellas shall not impede visibility of other
business's storefronts, doorways, or windows, or impede pedestrian
circulation.
[7]
Maintenance. All sidewalk cafes shall be maintained in a clean
and neat fashion, free of debris and litter. Sidewalks shall be washed
by the business operator on a regular basis. All furniture shall be
maintained in neat order when not in use for extended periods, such
as the colder winter months.
[8]
Parking. Sidewalk cafes shall be included in any calculation
of on-site seating capacity. This shall include on-site parking requirements,
necessary sewer allocation, and/or on-site septic requirements. Indoor
and outdoor seating combined shall not exceed the total approved seating
capacity of the facility.
(d)
Outdoor displays and sidewalk sales. The display and sale of
goods, products, and services associated with a permitted principal
use, outside the confines of the building associated with said use
is subject to site plan approval in accordance with this chapter and
subject to the following conditional use standards:
[1]
Operations. The operator of the outdoor display area and the
hours of operation shall be the same as the principal business.
[2]
Contents. Outdoor display areas may consist of any item that
may be sold inside the business. Products may be stacked or displayed
on racks, shelves, or tables. All materials, racks, shelves, or tables
shall be readily moveable and shall be brought inside at the end of
business each night. Lightweight materials that cannot remain stationary
as a result of winds or breezes shall not be permitted. No signs are
permitted except for merchandise price indicators.
[3]
Location. Outdoor display areas may be delineated by nonpermanent
barriers such as planters or decorative railings. Outdoor display
areas shall only be located on sidewalk areas, adjacent to the building
facade, and must provide for at least five feet of unobstructed access
for sidewalk circulation for patrons and pedestrians. Outdoor display
areas may not be located along the curbside, the curbside must be
kept free of all obstructions to provide visibility for pedestrians
and motorists.
[4]
Area. The area devoted to outdoor display shall not exceed 10%
of the ground floor area of the principal building. In the case of
shopping centers the area devoted to outdoor display for any tenant
shall not exceed 10% of the tenant's lease area.
[5]
Height. The height of outdoor display items shall not exceed
seven feet.
[6]
Setbacks. Areas devoted to outdoor display shall comply with
all building setbacks and yard requirements for the zone in which
they are located.
[7]
Surfacing. Areas devoted to outdoor display shall be paved with
concrete and free of dust.
[8]
Maintenance. All outdoor display areas shall be maintained in
a clean, neat, and orderly fashion.
[9]
Parking. The area devoted to outdoor display shall not be included
in the parking requirements for the principal use.
(e)
Tent sales and special events. Temporary or interim activities
conducted on permitted commercial properties for the purpose of promoting
seasonal sales and special events including car washes, information
fairs and other nonprofit and charity events as well as commercial
events are subject to site plan approval in accordance with this chapter
and subject to the following conditional use standards:
[1]
Operations. No tent sale or special event shall operate between
the hours of 8:00 p.m. and 8:00 a.m. and shall not occur from November
1 through March 31. No tent sale or special event shall operate for
more than three consecutive days. All tent sales or special events
are subject to an additional special event permit process.
[2]
Contents. Tent sale or special event areas may include seats,
tables, merchandise and materials related to the promotional event.
Any tent or canopy shall have at least 50% of its sides open. All
materials shall be secured to ensure nothing is windblown beyond the
tent area.
[3]
Location. Tent sale or special event areas shall be located
within a parking lot or lawn areas and their locations subject to
site plan approval. All tent sales or special events shall occur within
those areas identified on an approved site plan. The tent sale or
special event area shall be delineated by nonpermanent barriers such
as planters, decorative railings, cones or temporary fencing. No tent
sale or special event area shall exceed 2,000 square feet in area,
or 30% of the site's parking lot, whichever is less.
[4]
Maintenance. All tent sale or special event areas shall be maintained
in a clean and neat fashion, free of debris and litter. Any structures
related to the tent sale must be removed within 24 hours of the end
of the event.
[5]
Parking. The area devoted to tent sales and/or special events
shall not diminish the parking requirements for the principal use.
The area devoted to tent sales and/or special events must be surplus
parking or lawn areas.
(9)
Supplemental standards. All development applications for the VC Village Center District are subject to the standards, principles, and procedures set forth in Article XIV of this chapter as well as Chapters 45 and 215. Where standards are in conflict, those set forth in Article XIV of this chapter shall govern.
F.
Affordable housing.
(1)
Byram Township adopted a revised 2016 Fair Share Plan and Housing Plan Element on November 3, 2016. This section regulates the provision of very low, low, and moderate-income units (affordable units) within the VC Zone. The Township's Second Round affordable housing obligation of 33 units shall be met by 26 new construction units. The maximum number of residential units shall be 130. The minimum residential construction in the VC Zone shall comply with the Township's Fair Share Plan and Housing Plan Element. All affordable housing shall be subject to the provisions of Chapter 240, Article XIV, of the Byram Township Code titled "Affordable Housing."
(2)
Affordable housing parameters. All residential housing types are
encouraged, with the following minimum/maximum percentages:
(3)
Mandatory set-aside requirements.
(a)
All residential inclusionary developments in the VC Village
Center District shall be required to set aside a mandatory 20% of
the dwelling units for the construction of affordable housing.
(b)
Fifty percent of the affordable units constructed be affordable
by very-low- and low-income households and that the remaining 50%
be affordable by moderate-income households.
(c)
Set-aside in apartments (residential above retail) as a second
principal use:
(d)
All affordable units shall be income-restricted, in accordance
with the Township's Second and Third Round fair share obligation.
(e)
All affordable units would be subject to any applicable Council
on Affordable Housing rules and be compliant with the Uniform Construction
Code.
(4)
Location of affordable housing.
G.
Architectural design standards.
(1)
The architectural design standards regulate the architectural elements
of a building and set the parameters for configurations, styles, construction
techniques, and desired materials. The standards also regulate the
design of various elements of the buildings within the districts including
facades, roofs, fences, walls, and awnings. The architectural design
guidelines serve as the preferred types of designs intended for development
within the VC. Deviation from these guidelines must be reviewed with
the proposed development application presented to the Planning Board.
Any deviation from the following design standards creates a waiver
or exception pursuant to N.J.S.A. 40:55D-51 and not a variance pursuant
to N.J.S.A. 40:55D-70. Appendix A[23] of this Form-Based Code includes Visual Design Guidelines
which were created by the Architectural Review Committee to assist
development in the Village Center to better understand the vision
and intent of the Form-Based Code.
[23]
Editor's Note: Appendix A is on file in the Township offices.
(2)
General design standards for all structures.
(a)
All structures shall be designed to reflect traditional building
design in general accordance with housing styles identified and/or
pictured in the Smart Growth Plan and the Visual Design Guide created
by the Architectural Review Committee. (Appendix A).[24] The purpose of this Visual Design Guide is to assist any
and all developers in the Village Center to better understand the
vision and intent of the design requirements.
[24]
Editor's Note: Appendix A is on file in the Township offices.
(b)
Brick, stone, and painted wood clapboard or shingle siding is
encouraged, as are pitched roofs with slopes between 8:12 and 12:12.
The overall design should have varying styles, shapes, and materials
as described in the Smart Growth Plan and the guidelines established
for use by the Architectural Review Committee. Alternative materials
may be appropriate if they do not detract from the overall visual
conformity of the traditional styles.
(c)
At least half of all one-family homes shall be oriented with
gable ends facing the street and all shall have a covered front-entry
porch, raised a minimum of 18 inches above ground level.
(3)
Building massing and scale. Scale is the relationship between the
size of a structure and the size of adjoining permanent structures.
Large-scale building elements will appear out-of-place if they are
situated in a visual environment that is smaller in scale, such as
the Village Center.
(a)
Dominant structures should be broken up by creating horizontal
emphasis, such as through the use of trim, awnings, eaves, windows,
or other architectural ornamentation, use of combinations of complementary
colors, and varied landscape materials.
(b)
Long, horizontal facades should be broken down into segments
having vertical orientation; and tall vertically oriented facades
shall be broken down into horizontal components through use of appropriate
design features.
(c)
Expansive blank walls are prohibited.
(d)
Buildings should be designed so the facade is the prominent
architectural feature and the roof is visually less dominant in the
total design.
(e)
Gable and hip roofs are encouraged. Other roof types may be
permitted by the Planning Board at the recommendation of the Architectural
Review Committee if it concludes that they are generally consistent
with traditional architectural styles and if materials suitable to
such styles are used.
(f)
A human scale should be achieved at ground level and along street
frontages and entryways through the use of scale elements such as
windows, doors, columns, plazas, awnings and canopies.
(g)
The height of structures should relate to adjacent open spaces
to allow maximum natural light and ventilation, to protect from prevailing
winds, to enhance public views, and to minimize obstruction of the
view from adjoining structures.
(4)
Exterior building design.
(a)
Exterior walls:
[1]
Buildings with exterior walls greater than 50 feet in horizontal
length shall be constructed using a combination of architectural features
and a variety of building materials and landscaping near the walls.
[2]
Walls that can be viewed from public streets shall be designed
using architectural features and landscaping (abutting the building)
for at least 50% of the wall length.
[3]
Other walls shall incorporate architectural features and landscaping
for at least 30% of the wall length.
(b)
Architectural features:
[1]
Architectural features may include, but are not limited to,
the following: recesses, projections, wall insets, arcades, window
display areas, awnings, balconies, window projections, landscape structures
or other features that complement the design intent of the structure.
[2]
In addition, a portion of the on-site landscaping shall abut
the walls so that the vegetation combined with the architectural features
will significantly reduce the visual impact of the building mass as
viewed from the street.
(c)
Building materials:
[1]
The predominant building materials shall be materials characteristic
of traditional developments in northwestern New Jersey, such as brick,
wood, native stone, traditional clapboard, and stylized shingles.
[2]
Alternative siding, metal panels or roofs, mirrored glass surfaces,
or faux facade materials may be recommended by the Architectural Review
Committee; and special care would be needed to not detract from the
overall visual conformity of the traditional styles.
[3]
Buildings may not be painted in bold colors, patterns, checks
or stripes.
[4]
The use of earthtone colors (browns, beige, grays, soft greens,
and the like) and/or other colors generally associated with traditional
building design is encouraged on all buildings. Accent or complementary
colors that harmonize with the main facade color(s) shall be permitted
for trim, awning and other building details.
[5]
Exterior colors shall be subtle, neutral or earthtone colors
and of low reflectance. The use of high-intensity colors such as black,
neon, metallic or fluorescent for the facade and/or roof is prohibited
except as approved for building trim.
(5)
Facade treatment.
(a)
Multitenant buildings shall provide offset storefronts, doorways,
windows, awnings and/or other design features for all ground-floor
tenants. The minimum offset shall be four feet. Offsets that incorporate
small courtyards are strongly encouraged. At a minimum, the upper
floor of said buildings shall be coordinated with the ground floor
through the use of common materials and colors. Storefronts should
include display windows with a minimum sill height of two feet from
grade.
(b)
Commercial and mixed-use building facades shall have decorative
architectural features on all sides.
(c)
Two-to-four-family dwellings shall be designed to emulate traditional
large one-family residences and shall not have "mirrored" or duplicate
front facades.
(d)
New or renovated facades should incorporate rhythms that carry
through a block, such as storefront patterns, window spacing, entrances,
canopies or awnings, and the like.
(e)
Where fire escapes are required, they may not be on the principal
facade of a building and should blend with the exterior design as
balconies and stairs where possible.
(f)
Facade renovations should be consistent with the architectural
styles detailed and encouraged in the Smart Growth Plan and the guidelines
established by the Architectural Review Committee.
(g)
Surface detailing should be integrated within the structure
rather than applied for decorative purposes.
(h)
No facade design or layout shall be the same as the adjacent
structure. No less than three major alterations to a facade are required
to define the facade as different from that of the adjacent structure.
Changes in exterior building materials may be counted as one alteration.
(i)
Exterior-mounted mechanical and electrical equipment shall be
architecturally screened.
(j)
The use of creative lighting schemes to highlight building facades
and related areas is encouraged as long as it would not interfere
with residential uses. Nonresidential lighting above the first floor
shall be shut off by 10:00 p.m. or one-half hour after closing, whichever
is earlier.
(6)
Roofs.
(a)
Roofs should be designed to reduce the apparent exterior mass,
add visual interest and be appropriate to the architectural style
of the building, while avoiding excessive complexity of line or massing.
Variations within one architectural style are highly encouraged.
(b)
Visible rooflines and roofs that project over the exterior wall
of a building enough to cast a shadow on the ground are highly encouraged,
as are overhanging eaves, sloped roofs and multiple roof elements.
(c)
Gable, hip or combination roof types are permitted. Flat roofs
are prohibited unless incorporated with combination roofs and may
not exceed 20% of the total roof area. Roof pitches of 8:12 and 12:12
are recommended.
(d)
The roofline at the top of the structure should incorporate
offsets and jogs to reduce the monotony of an uninterrupted roof plane.
(e)
All rooftop equipment shall be screened from public view by
materials of the same nature as the main structure. Mechanical equipment
shall be located below the highest vertical element of the building.
(7)
Entrances.
(8)
Awnings and projections.
(a)
Awnings are encouraged on retail buildings. All awnings shall
be constructed and installed so that the frame and fabric of the awning
is integrated into the overall building design.
(b)
No awning shall extend more than five feet from the building
facade or be less than eight feet above the ground.
(c)
Awnings shall not project into any roadway, driveway, parking
or loading area nor be placed so as to conceal or disfigure an architectural
feature or detail.
(d)
Awning material shall be limited to cloth, canvas, metal and
similar materials; stretched plastic or vinyl are prohibited.
(e)
Awning colors should complement the building exterior and shall comply with § 215-30C(3)(e) such that awning colors shall be subtle, neutral or earthtone colors and of low reflectance. The use of high-intensity colors such as neon, metallic or fluorescent for awning material is prohibited.
(9)
Walls and fences.
(a)
Walls shall not be utilized within commercial areas unless required
for screening, security or separation of incompatible land uses.
(b)
Walls should be designed to blend with the site's architecture.
Both sides of all perimeter walls or fences should be architecturally
treated.
(c)
Brick, stone, and stucco shall be used whenever possible. Landscaping
should be used in combination with all walls.
(10)
Building signs.
(b)
Master signage plan.
[1]
A master signage plan shall be submitted with any plan for new
development, change of use or renovation of existing use or structure
in the village center. The following information shall be submitted
for each existing and proposed sign:
[a]
Size (i.e., length, height, area, thickness, number
of faces).
[b]
Letter style and size.
[c]
Illumination.
[d]
Colors (i.e., letter, background, trim), including
color samples.
[e]
Construction materials, structural integrity and
installation details.
[f]
Window size (if applicable).
[g]
Location (i.e., height above grade, distance from
roofline, building width, location from property lines, streets, sidewalks,
and structures).
[h]
Enumeration of relevant requirements and compliance
with same.
[2]
The master signage plan shall graphically depict the signs and
may be prepared by the applicant or a sign professional. The master
signage plan shall include a sketch or photograph showing the dimensions
of each facade, window and canopy of the building to which a sign
is to be attached in sufficient detail to clearly indicate the location,
dimension and area of all existing and proposed permanent signs. Samples
of construction materials should be submitted.
[3]
In the case of a freestanding ground sign, a plot plan of the
lot shall be required as part of the master signage plan to show the
location of buildings, parking lots, driveways, landscaped areas,
and other existing and proposed signs.
[4]
The applicant shall provide additional information deemed necessary
to determine whether the master signage plan complies with the sign
regulations.
[5]
When the Planning Board as part of a development application
has approved installation or modification of a sign, the Construction
Official shall issue a sign permit only if the proposed sign is consistent
with the approval.
H.
Development standards.
(1)
Parameters; deviations.
(a)
The development standards regulate the site planning and improvement
within the VC Zone. These include parameters for:
(2)
Parking, loading and service areas.
(a)
Parking areas.
[1]
Parking for commercial structures is prohibited in front yard
setback areas. Driveways and parking spaces shall be set back at least
five feet from all building units to provide room for a landscaped
area.
[2]
Parking lot layout, landscaping, buffering and screening shall
be used to minimize direct views of parked vehicles from streets and
sidewalks and to avoid spillover light, glare, noise, or exhaust fumes
onto adjacent properties.
[3]
Parking lots exposed to view shall be surrounded by a year-round,
visually impervious screen, hedge or wall a minimum of 4.5 feet high.
The height of the screen shall gradually decrease in height where
driveways, walkways and sidewalks approach to provide adequate sight
triangles.
[4]
The interior of all parking lots shall be landscaped to provide
shade and visual relief. At a minimum, one deciduous tree shall be
planted inside a landscape island for every 10 parking stalls.
[5]
Landscaping should be utilized to soften the edges of parking
lots and to provide a sense of lot borders or boundaries.
[6]
Parking lot layout should take into consideration pedestrian
movement, and pedestrian crossings shall be installed where deemed
necessary by the Planning Board.
[7]
Stormwater design must be approved by the Board engineer and
is subject to all applicable standards.
(b)
Loading and service areas.
[1]
Loading areas, recycling facilities, solid waste facilities
and other service areas shall be placed to the rear of buildings a
minimum five feet from adjoining properties.
[2]
Developments containing more than one commercial/residential
use shall design loading areas, recycling facilities, solid waste
facilities and other service areas for multiple users to limit the
total number.
[3]
A loading area and its driveway shall be screened to minimize
direct view and the effect of spillover lighting, noise and exhaust
fumes on adjacent properties. Options for screening must be approved
by the Planning Board and shall include, but are not limited to, walls,
fences, and landscaping.
[4]
Screening must be at least five feet tall and visually impervious.
In developments of multiple uses, all fences, walls, et cetera, shall
be of similar materials.
(c)
Landscaping/screening.
[1]
Parking lot landscaping shall consist of a minimum of 5% of the total parking area, excluding the perimeter landscaping and buffer areas required in § 215-29, plus a ratio of one tree per 10 parking stalls to create a canopy effect upon maturity.
[2]
Landscaping in a parking or loading area shall have a width
of at least five feet and be located in defined landscaped areas that
are uniformly distributed throughout the parking or loading area.
[3]
Landscaped buffers between parking areas, parking pods and internal
streets shall have a minimum width of five feet with no car overhang
and 10 feet with a car overhang.
[4]
Parking areas containing 10 or more parking stalls shall contain
the following landscaping features:
[a]
Five percent of the interior portion of the parking
areas shall be landscaped, excluding all perimeter landscaping and
required buffer areas. No more than 15 parking stalls shall exist
in a continuous row without a landscaped break.
[b]
In addition to the general shade tree requirements,
one shade tree shall be provided for every 10 parking stalls to create
a canopy effect.
[c]
A landscaped island at least five feet in width
shall separate the ends of parking rows from access aisles.
[d]
Evergreen plantings shall be required to screen
parking areas from public rights-of-way and all residential property.
[5]
Landscaped buffers between parking and on abutting property
lines shall have a minimum width of 10 feet.
[6]
Front or exterior yard landscaping may not be substituted for
the landscaping required for interior parking stalls.
[7]
All loading areas shall be landscaped in a manner that sufficiently
screens the view of the loading area and vehicles from any public
right-of-way and residential property. Landscaping in this instance
may include berms, fencing, walls or a combination thereof.
(3)
Streets and streetscaping.
(a)
Streets and roadways.
[1]
Development within the Village Center shall create or encourage
land use and street design that is compatible with and encourages
pedestrian traffic.
[2]
Building placement, in conjunction with display windows on all
sides, further enhances the pedestrian orientation of the area.
[3]
Design and construction shall enhance and increase the following:
[a]
Configuration using collector/major arterial streets
to avoid traffic congestion on primary streets upon which buildings
front;
[b]
Visual prominence of natural features and topography
of the landscape;
[c]
Street layout facilitation of solar orientation
of buildings;
[d]
Use of curvilinear or grid patterns;
[e]
Improve the view of, and the view from, buildings
and other prominent vistas within the Village Center;
[f]
Promote pedestrian design that makes it more convenient
and pleasant for the community to walk short distances than to drive
within the Village Center; and
[g]
Promote the creation of vista terminations within
the Village Center.
[4]
Proposed streets shall be considered in relation to existing
and planned streets, existing topographic and geologic conditions,
public convenience and safety, and safe vehicular travel.
[5]
Long straight roadway sections shall be avoided. Straight roadway
sections in the Village Center shall have a vista termination (i.e.,
a lot, park or open space, building — church with spire, government
building —, monument/statue site, fountain) located at an intersection
or at the end of the street(s) or pedestrian ways. A vista termination
shall be prominently visible from one or more streets or ways approaching
said site.
[6]
Proposed street design shall also provide for appropriate continuation
of existing streets of similar design speed and the extension of streets
onto adjoining land.
(b)
Alleys.
[1]
Residential development within the village center will have
on-site parking accessed solely from side (corner lots) or rear alleys.
The predominance of residential dwellings will have rear frontage
on alleys.
[2]
Alleys within the village center will be constructed in compliance
with RSIS standards for alleys (one-way or two-way).
[3]
Alleyways are designed to accommodate secondary means of access
to lots, no off-site parking shall be allowed in the alleyways and
should be designed to discourage through traffic.
[4]
Alleys should accommodate garbage and recycling storage and
collection.
[5]
Alleys become the property of a homeowner's association and
all maintenance and repairs of the alleys are the responsibilities
of a homeowners' association; at no time do alleys become Township
streets.
(c)
Pedestrian connections and sidewalks.
[1]
Pedestrian ways or footpaths shall be required for convenient
circulation and access to schools, playgrounds, shopping, transportation,
parks, conservation areas and other facilities. The minimum requirement
for pedestrian ways within the commercial core shall be a ten-foot-wide
easement immediately abutting the right-of-way, including an eight-foot-wide
sidewalk. Throughout the remainder of the Village Center, pedestrian
ways shall consist of an easement at least 10 feet wide, including
sidewalks at least six feet wide.
[2]
Pedestrian ways are required to include sidewalks, trees and
grass strips abutting the right-of-way, street furniture (benches
and trash receptacles), and decorative streetlighting. Trees within
the sidewalk shall have tree grates and tree guards.
[3]
Walkways from sidewalk to building entrance(s). A continuous
pedestrian walkway shall be provided from the primary frontage sidewalk
to building entrance(s). This internal walkway shall incorporate a
mixture of landscaping, benches, drop-off bays and bicycle facilities
for at least 50% of the length of the walkway. Walkways shall be connected
to adjacent sites.
[4]
Walkways from parking areas to building entrances. Internal
pedestrian walkways shall be developed to provide access to building(s)
entrance(s) from parking lot(s). Walkways shall be designed to separate
people from moving vehicles. These walkways shall have a minimum width
of five feet with no car overhang or other obstruction. The walkways
must also be designed for disabled access according to the building
code and American Disabilities Act (ADA).
[5]
Walkways shall be distinguished from parking and driving areas
by use of any of the following materials: special pavers, bricks,
raised elevation or scored concrete. Other materials may be used if
appropriate to the overall design of the site and building and recommended
by the Architectural Review Committee.
(d)
Street trees.
[1]
Shade trees shall be planted along all streets. Shade trees
shall be planted on all sites at a minimum rate of 10 trees per acre,
inclusive of trees required along any street line.
[2]
Shade trees shall be located to frame the streets and roadways
to create a canopy effect when matured.
[3]
Shade trees shall be selected from the following groups, with
at least 20% of the trees to be from Group A, and at least 30% each
to be selected from Group B and Group C:
|
Group A
|
Group B
|
Group C
|
|---|---|---|
|
White flowering dogwood
|
American beauty crabapple
|
Princeton sentry ginko
|
|
Red flowering dogwood
|
Snow crabapple
|
Emerald queen maple
|
|
Crimson cloud hawthorn
|
Shademaster honeylocust
|
Sugar maple
|
|
Washington Hawthorn
|
Katsura tree
|
Red maple
|
|
Crimson king maple
|
Northern Red Oak
| |
|
Sweetgum
|
[4]
The Planning Board may permit or require the substitution of
evergreen trees for shade trees from Groups B and C only. Evergreens
must be at least eight feet high at planting.
[5]
Shade trees shall meet all of the following requirements:
[a]
Measure three inches to 3.5 inches in diameter
six inches above the ground.
[b]
Group A trees shall be planted at thirty-foot intervals;
Group B trees shall be planted at forty-foot intervals; and Group
C trees shall be planted at fifty-foot intervals.
[c]
Have a straight trunk and be properly staked.
[d]
Be balled and burlapped, well branched and with
a good root system. Backfill shall consist of 50% humus for each tree,
and each tree shall be thoroughly watered and properly pruned at the
time of planting.
[6]
Trees to be planted in any street right-of-way shall be subject
to the approval of the Township Engineer.
[7]
Where the placement of required trees within a street right-of-way
is impossible or impractical due to the presence of sidewalks, critical
areas or other physical or environmental features, the Planning Board
may require a ten-foot-wide street tree easement to be located adjacent
to the right-of-way.
[8]
The Planning Board may require that existing trees on a site
be replanted for reuse on the subject property or elsewhere in the
Township on public property only.
(e)
Streetlighting.
[1]
Streetlighting design shall be traditional in style, consistent
throughout the Village Center and is subject to review and comment
by the Architectural Review Committee.
[2]
Streetlighting shall meet the minimum standards set forth below
and shall be designed to conform with the Village Center historical
design vision set forth in the Smart Growth Plan and is subject to
review and comment by the Architectural Review Committee.
[3]
All lighting throughout the Village Center shall be designed
in a manner that conforms to the style and architectural design of
adjacent structures and uses.
[4]
Wherever possible, the lighting shall be similar and conforming.
(f)
Street furniture and flagpoles.
[1]
The use of street furniture (benches, tables, trash receptacles,
et cetera) is encouraged, provided that materials are consistent with
the overall concept of the building design and locale in which the
building is located.
[2]
Street furniture, such as benches, decorative streetlighting
and trash receptacles, shall also be provided to create an enhanced
pedestrian environment.
[3]
Flagpoles shall not exceed 25 feet in height.
(4)
Landscaping.
(a)
Landscape design.
[1]
Landscaping is to be integrated into building arrangements,
topography, parking, buffering and other site features. Landscaping
may include trees, shrubs, ground cover, berms, flowers, sculpture,
art and similar materials and shall be designed to provide aesthetic,
buffer, climatological, environmental, ornamental, and other related
functions. All landscaping plans must be prepared by a New Jersey-registered
landscape architect or other individual deemed suitably qualified
by the Planning Board.
[2]
Landscaping plans should avoid the use of exotic species and
shall not include invasive species, as described in Table III (Recommended
Native Plant List) and IV (Exotic/Invasive Plant List) in the Lubbers
Run Greenway Project, prepared for the Township Environmental Commission
in 1997.
[3]
Landscaped buffers shall consist of evergreen ground cover and
shrubs mixed with a variety of flowering and deciduous plant species
of trees and shrubs.
[4]
Community amenities such as patio/seating areas, water features,
artwork, sculpture, clock towers, pedestrian plazas with park benches
and other features, located adjacent to the primary entrances of buildings
are highly encouraged and may be calculated as part of the landscaping
requirement.
[5]
Landscaping for commercial uses shall define entrances to buildings
and parking lots, define the edges of various land uses, provide transition
(buffering) between neighboring properties and provide screening for
loading and equipment areas.
[6]
Plants in boxed, clay or wood containers should be used to enhance
sidewalk shops, plazas, and courtyards.
[7]
Landscaping around the entire base of structures is recommended
to soften the edge between the parking lot and the structure and should
be accented at entrances to provide focus.
[8]
Trees shall be located throughout the parking lot and not simply
at the ends of parking aisles.
[9]
Landscaping shall be protected from vehicular and pedestrian
encroachment by raised-planted surfaces, depressed walks, or the use
of curbs.
[10]
The use of vines and climbing plants on buildings,
trellises and perimeter garden walls is strongly encouraged.
[11]
Landscaping shall not obstruct visibility at drive-aisle
intersections.
(b)
Landscape coverage.
[1]
Coverage of the landscaped area, excluding lawns, shall be 50%
at the time of installation and 90% at five years. Lawns shall be
fully established within two growing seasons.
[2]
Landscaped buffers between parking and on abutting property
lines shall have a minimum width of 10 feet.
[3]
Front or exterior yard landscaping may not be substituted for
the landscaping required for interior parking stalls.
[4]
A landscaped and/or screened buffer area is required between
commercial uses, parking areas and buildings in parking areas adjacent
to residential dwellings. The minimum height and width shall be five
feet of continuous evergreen hedge screen in two years (or a wall
or fence with a minimum height of five feet).
(c)
Screening and ornamental planting.
[1]
The planting of shrubbery, bushes, flowers and similar plantings
shall be designed to serve decorative and ornamental functions as
well as screening and buffering.
[2]
Junipers, yews and similar evergreen plants shall largely be
used for screening and buffering.
[3]
White hollies, rhododendron, azaleas, and similar plants shall
be used at highly visible locations such as front yards, building
entrances and adjacent to ground signs.
[4]
The use of flowerbeds and planters is strongly encouraged in
all nonresidential zones.
(d)
Tree removal.
[1]
Existing mature trees shall be preserved wherever possible.
Existing mature trees and vegetation shall not be removed in an area
greater than 70% of the total project area. Preservation of specimen
trees within the developable area of the property counts at a rate
of 2:1 when calculating the total shade tree requirement.
[2]
When it is necessary to remove existing mature trees and vegetation,
removal shall be in conjunction with the phasing of the total project,
with trees and vegetation removed only in those parts of the project
area slated for grading. Other areas shall remain in the natural state.
(e)
Replacement.
[1]
A two-year guarantee is required so that all new plantings and
existing trees and other vegetation are maintained after construction
and replaced where necessary.
[2]
The owner, its successors and/or assigns, shall maintain vegetation
planted in accordance with an approved site plan. Plants or trees
that die or are damaged shall be replaced and maintained.
(g)
The Planning Board shall have the right to impose additional
landscaping requirements after due consideration of the size and type
of proposed development, the extent of existing vegetation to be removed
during construction, and the nature of surrounding land uses.
(5)
Lighting.
(a)
Lighting shall be shielded and directed down onto the site so
as not to shine or glare onto adjacent property or streets.
(b)
All outdoor lighting shall be shown on the site plan in sufficient
detail to allow a determination of its effect at the property line
and on nearby streets, driveways, residences and overhead sky glow.
At a minimum, the lighting design submitted for review shall include
iso-footcandle drawings indicating 0.1 and 1.0 footcandle traces for
all site lighting.
(c)
Lighting shall not shine directly or reflect into windows, or
shine onto streets and driveways so as to interfere with driver vision.
(d)
Lights that have a yellow, red, green or blue beam and/or that
rotate, pulsate or operate intermittently are prohibited.
(e)
The intensity, shielding, direction, reflection and similar
characteristics of lighting shall be subject to site plan approval.
The objective is to minimize undesirable off-site effects.
(f)
The maximum height of lights shall be 15 feet measured from
the surrounding grade.
(6)
Utilities and infrastructure.
(a)
All utilities (both main and service lines) servicing new developments,
or where there is a change, renovation or expansion of an existing
use, shall be constructed underground within easements or dedicated
public rights-of-way, and installed in accordance with the prevailing
standards and practices of the utility or other company providing
such services.
(b)
Lots that abut existing easements or public rights-of-way where
overhead utility distribution supply lines and service connections
have heretofore been installed may be supplied with service from those
overhead lines, but the service connections from the utilities' overhead
lines shall be installed underground.
(c)
In the case of existing overhead utilities, should a road widening,
extension of service, or other such condition occur as a result of
the subdivision, and necessitate the replacement or relocation of
such utilities, such replacement or relocation shall be underground.
(d)
Year-round screening of aboveground utility apparatus is required
except for utility poles.
(e)
Watercourses.
[1]
An emergency/maintenance access easement shall be provided for
streams or watercourses. Said easement shall conform substantially
with the line of the watercourse and be at least 20 feet in width
centered on its midpoint.
[2]
Streets or pedestrian ways that are parallel to the streams
or watercourses and/or appropriate accesses may be required in connection
therewith.
[3]
The placement of streams or watercourses into open or covered
culverts shall be kept to a minimum.
(f)
Utility easements.
[1]
Easements shall be at least 20 feet wide and shall generally
follow lot lines or be centered on the rear or side lot lines.
[2]
Within the commercial component of the Village Center, utility
easements shall have a minimum width of five feet in order to reduce
right-of-way widths, and the Planning Board may permit utilities to
be placed in the two-foot grassed area between the paved way and the
property line and the tree easement immediately abutting the right-of-way.
[3]
Utilities may also be permitted to be located within the right-of-way
under parking areas and pedestrian ways abutting the right-of-way.
A.
Purpose and intent. The purpose and intent of the Industrial Professional
Recreational District (IPR) is to:
(1)
Allow for the continued operation of the existing, legally nonconforming
quarry.
(2)
The uses in this district are intended to encourage the development
of clean industrial, professional office parks, learning enterprises
or commercial recreation/entertainment uses, provide additional retail
and service businesses, and be compatible with the surrounding uses
in order to promote implementation of the objectives and goals of
the Township's Sustainable Economic Development Plan.
(3)
Establish a daytime population to support the retail uses in the
Village Center and Village Business Districts.
(4)
Include very large setback requirements, including three-hundred-foot
setbacks along Route 206 and for quarry uses. These setbacks are to
consist of preserved natural forested buffers to screen the uses in
this zone from view and provide a natural corridor along Route 206
extending from the Village Business District on the southern portion
of Route 206 to the Neighborhood Commercial Zone on the northern portion
of Route 206 near Cranberry Lake. For the motorist, this will create
the impression of two distinct retail areas, each with its own sense
of place, rather than a generic highway-strip corridor typical of
sprawl development.
B.
Permitted uses.
(1)
Brewpubs and microbreweries.
(2)
Dry-cleaning and laundry pickup stations.
(3)
Educational institutions.
(4)
Government, fraternal, civic, charitable, and emergency services/organizations.
(5)
Greenhouse and nursery.
(6)
Health and fitness centers.
(7)
Indoor commercial recreation facilities.
(8)
Light industry.
(9)
Outdoor commercial recreation facilities.
(10)
Printing and publishing.
(11)
Professional and medical offices.
(12)
Records processing and storage.
(13)
Research facilities.
(14)
Retail sales.
(15)
Retail service.
(16)
Retail warehouse.
(17)
Veterinary offices.
D.
Prohibited uses.
(1)
Any use not specifically permitted in the zone.
(2)
Asphalt manufacturing plant.
(3)
Automobile dealership.
(4)
Automobile fueling stations.
(5)
Commercial incinerator.
(6)
Concrete manufacturing plant.
(7)
Junkyard or salvage yard.
(8)
Landfill.
(9)
Manufacturing.
(10)
Mining and quarrying operations.
(11)
Resource recycling facility.
(12)
Warehousing (excluding records processing and storage).
(13)
Waste transfer stations.
E.
Zoning bulk requirements.
(1)
Lot size: a minimum of two acres.
(2)
Lot width: a minimum of 200 feet at the setback line.
(3)
Building footprint: a maximum of 50% of the property
(4)
Front yard: a minimum front yard of 50 feet. Extractive uses must
maintain a setback from any road frontage of 300 feet.
(5)
Side yard: not less than 50 feet. Parking may be permitted in the
side yard, provided that no parking area is closer than 20 feet to
any property line or building and 50 feet from any residential zone
line.
(6)
Rear yard: not less than 30 feet. Parking may be permitted in the
rear yard, provided that no parking area is closer than 20 feet to
any property line or building and 50 feet from any residential zone
line.
(7)
Building separation: The minimum separation distance between buildings
shall be 10 feet. No building shall be constructed within 100 feet
of a residential property line or residential district boundary line.
(8)
Building height: a maximum of three stories or 40 feet, whichever
is less.
(9)
Lot coverage: a maximum of 80% of the property.
(10)
(11)
Off-street parking.
(b)
Off-street parking is permitted in the front yard. The front
yard shall contain four feet of landscaping buffer between the parking
area and any sidewalk.
(c)
Off-street parking is permitted in the side and rear yards provided
that no parking area is closer than 20 feet to any property line or
building and 50 feet from any residential zone line.
(d)
A minimum of one loading space is required.
(12)
Landscape buffer. Where commercial land uses abut residential
uses, a landscaped buffer strip of 20 feet shall be required; however,
for lots with a lot width or lot depth of less than 200 feet, the
buffer shall be 10% of the lot width or lot depth, but in no case
shall the buffer be less than 10 feet.
(13)
Trash collection. There shall be an area or areas in the rear
yard which is concealed from sight by a permanent structure for the
orderly deposit and pickup of trash and recyclable materials.
F.
Accessory use standards.
(1)
Outdoor storage for outdoor commercial recreation facilities shall
be limited to defined areas of the site that do not exceed 50% of
the lot area and shall be demarcated within those defined areas on
the site. The demarcation may consist of landscaping and/or fencing
to create an attractive border.
G.
Design standards - provided here for reference.
H.
Performance standards. The applicant shall submit a site plan to
the Planning Board showing the compliance with the applicable approval
procedures of all authorized governmental agencies and with all of
the following regulations:
(1)
Fire and explosion hazards. All activities shall be carried on only
in structures that conform to the standards of the National Board
of Fire Underwriters or the Building Code or Fire Ordinance, whichever
is more restrictive. All operations shall be carried on and all combustible
raw materials, fuels, liquids and finished products shall be stored
in accordance with the standards of the Board of Fire Underwriters.
(2)
Radioactivity. Any permitted use which emits radioactivity at any
point is only permitted if it complies with all applicable federal
and state safety laws and regulations.
(3)
Smoke. Visible gray smoke of a shade not darker than No. 2 on the
Ringelmann Smoke Chart may be emitted for a maximum of four minutes
in any 30 minutes. Otherwise, there shall be no emission from any
chimney or otherwise of visible gray smoke of a shade darker than
No. 1 on the Ringelmann Smoke Chart as published by the United States
Bureau of Mines (Powers Micro-Ringelmann Chart, McGraw-Hill Publishing
Co., 1954, may be used). These provisions applicable to visible gray
smoke shall also apply to visible smoke of a different color but with
an equivalent apparent opacity.
(4)
Fly ash, dust, fumes, vapors and gases. There shall be no emission
which can cause any damage to the health of humans, animals or vegetation,
or to property, or which can cause any excessive soiling.
(5)
Liquid or solid wastes:
(a)
All methods of sewage and industrial waste treatment shall be
approved by the New Jersey State Department of Environmental Protection
and/or the Byram Township Board of Health, as applicable.
(b)
The discharge and disposal of solid and liquid wastes into an
underground drainage field shall be in accordance with plans and specifications
approved by the New Jersey Department of Environmental Protection.
(6)
Vibration. Air-induced vibration shall be limited to the sound-pressure levels permitted under Subsection H(7) below. No ground-transmitted vibration shall be generated which is discernible to the human sense beyond the immediate site on which such use is conducted.
(7)
Noise. There shall be no noise emanating from the operation which
will be audible beyond the boundaries of the immediate site in excess
of the standards promulgated by the New Jersey Department of Environmental
Protection.
(8)
Nonpoint source pollution. There shall be mechanisms to capture and
control NPS runoff from uses that may utilize chemicals, fertilizers
and pesticides; that may perform vehicle or equipment washing; and
other uses that may be similar.
(9)
Odors. There shall be no emission of odorous gases or other odorous
matter in such quantities as to be offensive at the property line
of the lot occupied by such use.
(10)
Glare. There shall be no direct or sky-reflected glare exceeding
0.5 footcandle, measured at the property line of the lot occupied
by such use. Any lighting used at the entrances or exits of service
drives leading to parking lots, in addition to meeting the foregoing,
shall not cause any glare or other impediment to traffic safety.
(11)
Screening. There shall be established a belt of landscaping
or fence or wall, as the Planning Board may require, along the line
of any lot that is contiguous to any residential district or public
right-of-way, which will be adequate to screen the operations of such
lot from normal observation. A natural forested buffer will remain
whenever possible and be supplemented by evergreen plantings to provide
a winter screen. Along Route 206 there shall be a three-hundred-foot
forested buffer which shall provide a natural corridor extending from
the VB Zone in the southern portion of Route 206 to the NC Zone in
the northern portion of Route 206 near Cranberry Lake. For the motorist,
this natural area will create the impression of two distinct retail
areas, each with its own sense of place, rather than a generic highway-strip
corridor typical of sprawl development.
(12)
Loading. Loading and unloading shall not be done in the front
yard.
(13)
Any project involving structures of 30,000 feet or more in gross area shall comply with the provisions of § 215-51B(9).
[1]
Editor's Note: This ordinance also superseded
former § 240-60, Industrial, Commercial and Professional
District, as amended.
A.
Primary intended uses. The F-P Family Theme Recreation
Park District is designed to permit certain family recreational activities
commonly known as a "family theme recreation park," as further defined
or regulated by this chapter and other Township ordinances hereinafter
adopted. Any use in this district which contains, on the same tract,
parcel or lot, two or more of the permitted uses located in separate
structures or outside of one structure must meet the requirements
of this chapter for a family theme recreation park. Additionally,
any use of amusements, animal exhibitions, special or other exhibitions,
riding devices, aquatic activities, theaters or museums must be located
in a family theme recreation park.
B.
Permitted uses. In the F-P District, the following
uses are permitted:
(1)
Principal uses.
(a)
Family theme recreation parks, as defined above.
(b)
Transient residential uses, including motels,
hotels and motor inns.
(c)
Restaurants, cafeterias, cocktail lounges, bars
or other similar eating and drinking establishments primarily intended
for the consumption of food and beverages within the confines of the
structure.
(d)
Agriculture.
[Added 7-18-1994 by Ord. No. 5-1994]
(2)
Accessory uses. In the F-P District, the following
accessory uses shall be permitted:
(a)
Customary uses in structures incidental to a
principal permitted use and of a nonnuisance character.
(b)
Signs pursuant to and as regulated by this chapter.
(c)
Garages, parking structures and parking facilities
as required and regulated by this chapter.
(d)
The following shall be permitted accessory uses
within a family theme recreation park only:
[1]
Retail sales, service and storage activities
customarily accessory to a family theme recreation park.
[2]
Theaters, exhibition halls and structures, museums,
galleries and similar-type uses.
[3]
Coin- and non-coin-operated amusements.
[4]
Animal, educational, special or other exhibitions.
[5]
Aquatic activities.
[6]
Picnic areas.
[7]
Riding devices.
[8]
Campsites.
[9]
One residential quarters for the owner, watchmen
or caretaker and his family.
(3)
Combination of uses. A combination of any of the above-listed
principal uses shall be permitted to be located upon the same tract,
parcel or lot, provided that the said uses are contained in one structure
containing not less than 10,000 square feet of ground floor space,
as hereinafter defined, or in separate structures if the same are
contained in a family theme recreation park.
C.
Required conditions. Building permits shall not be
issued unless construction and site plans, with respect to any of
the various uses permitted in the F-P District, comply with all of
the following requirements which are applicable to the use in question:
(2)
Lot coverage. No building or buildings, together with
accessory buildings, if any, shall cover more than 30% of the lot
area.
(3)
Size of buildings. The following shall be the minimum
size of principal buildings or structures, except that said restrictions
shall not apply to buildings and structures located within a family
theme recreation park:
(a)
Transient residential use: 10,000 square feet
of ground floor area.
(b)
Restaurants and other similar establishments:
5,000 square feet of ground floor area.
(c)
The computation of square feet shall be measured
on the ground floor from the outside walls of the building, excluding
basements and crawl spaces used for storage and utility purposes and
not accessible for public use or constituting working area for employees,
and also excluding covered malls and walkways.
(d)
The minimum first floor areas as set forth herein
shall not apply to accessory buildings.
(4)
Height of structures. No building or structure, including
amusements, exhibitions or riding devices, shall exceed a maximum
of 2 1/2 stories or 35 feet in height, whichever is less, measured
perpendicular from the finished ground level adjoining the highest
exposed side of such building and excluding flagpoles, radio or television
antennas, chimneys, elevators or stair shafts, roof air conditioning,
ventilating equipment or water tanks.
(5)
Setback requirements. The following shall be the minimum
front yard, rear yard and side yard setbacks for all permitted, principal
and accessory structures in the F-P District, excluding outdoor parking
areas:
(b)
For the above uses, wherever there exists a
corner lot, no building or accessory building shall extend nearer
to the street line than 40 feet.
(c)
Family theme recreation parks.
[1]
No principal or accessory building or structure
shall be constructed within 100 feet of any public thoroughfare or
right-of-way or within 200 feet of any property line where said property
line abuts a residential district. Where a property line abuts a commercial
or industrial district, no principal or accessory building or structure
shall be constructed within 50 feet of any such property line.
[2]
No fenced runs, barns, stables or other enclosures
for the shelter or restraint of any animals shall be located within
200 feet of any property line.
[3]
No animal exhibitions, fenced runs, barns, stables
or other enclosures for the shelter, restraint, display or exhibition
of any animals shall be located within 100 feet of any pond, river,
brook or other watercourse or water body. All such animal areas shall
be graded in a manner to avoid drainage to any watercourse or water
body, and any channeling or draining of any waste from any such animal
area into any watercourse or water body is expressly prohibited. Disposal
of all animal wastes of such animal areas shall require the approval
of the Board of Health.
[4]
No parking lot or area required by this section
shall be located within 50 feet of any property line. Said provision
shall not be applicable to parking areas in a campsite, which shall
have no minimum setback but which shall be subject to the approval
of the Planning Board upon site plan approval.
(6)
Any project involving structures of 30,000 feet or more in gross area shall comply with the provisions of § 215-51B(9).
[Added 12-7-1998 by Ord. No. 22-1998]
D.
Operating density limitation. The operation of a family
theme recreation park shall be limited to a maximum allowance of visitors
at any one time to the extent of 500 persons per acre of developed
park area, excluding parking facilities and accessways. No family
theme recreation park in the F-P District shall be designed to exceed
this maximum operating density allowance.
E.
Parking, pedestrian access and traffic access requirements.
Within the F-P District, indoor or outdoor off-street parking shall
be provided in amounts not less than the following:
(1)
Transient residential uses, except where the same
are contained in a family theme recreation park: one space per each
transient residential unit plus one space per each employee of the
largest shift.
(2)
Restaurants and other similar-type establishments,
except where the same are contained in a family theme recreation park:
one space per each four fixed seats plus one space per each 35 square
feet of seating or counter service area where there are no fixed seats
plus one space per each employee on the largest shift.
(3)
In the transient residential use and the restaurant
use, as stated above, no parking facility or area shall be permitted
in any of the required setback areas, except that parking shall be
permitted in the front setback area no closer than 15 feet to any
public road. All parking areas in these zones shall be suitably landscaped
and screened from adjoining properties which are not part of the site
plan in question.
(4)
Family theme recreation park:
(a)
An on-site parking space for each visitor and
employee motor vehicle shall be provided at all times under all conditions.
(b)
In determining the amount of on-site automobile
parking to be provided, the Planning Board shall require the applicant
to submit traffic studies and analyses. In no event, however, shall
there be fewer than one space for each four visitors, including children,
to have attended the park facilities on each of the three preceding
peak visitor days, when averaged. In addition, one space for each
employee shall be provided, computing the same by using the number
of employees on the largest shift.
(c)
The site plan shall designate additional future
parking areas based upon a two-year projection of future parking areas
for bus and common carrier vehicles which may be used to bring charter
groups to the park facilities. An estimate of the current and projected
two-year demand for such facilities shall be furnished to the Planning
Board at the time the site plan is submitted.
(d)
The interior portions of all outdoor vehicular
parking areas shall be planted and maintained with trees at a ratio
of at least one tree for each 6,000 square feet of parking area. Each
tree shall be protected either by means of a minimum four-inch curb
or adequate bumper guards.
(5)
General parking requirements for all uses within the
zone.
(a)
An "on-site parking space" is defined as the
area required for parking one motor vehicle, which space, in this
subsection, is held to be an area 10 feet wide and 20 feet long and
not less than 200 square feet of area, exclusive of aisles and driveways.
Each space shall be properly delineated on the site plan. Interior
streets, access drives and sidewalks shall be installed to provide
adequate circulation. All such streets and access drives shall be
paved in accordance with the requirements for the paving of parking
areas as herein stated. Access drives and parking aisles shall be
a minimum of 24 feet in width and shall be designed to facilitate
adequate on-site parking traffic circulation and the efficient flow
of traffic onto and off the public streets system.
(b)
All queuing and storage of traffic entering
the parking area shall occur on site and shall not interfere with
the flow of traffic on any public street.
(c)
All off-street parking areas, access drives
and aisles located within the F-P District shall be surfaced with
an asphalt, bituminous or cement binder pavement which shall be graded
and drained to dispose of all surface waters, as approved by the Township
Engineer. This shall not be construed to require asphalt, bituminous
or cement binder pavement for off-street parking spaces located within
a campsite area.
(d)
All off-street parking areas, access drives
and aisles shall be properly lighted, which lighting plans shall be
subject to the approval of the Planning Board in a site plan application.
Any lighting in connection with off-street parking shall be so arranged
and shielded as to reflect the light downward, away from all adjoining
residences, buildings or streets.
(e)
All off-street parking areas shall be used solely
for the parking of passenger automobiles and other type passenger
vehicles. No commercial repair work or service of any kind shall be
conducted on such parking lots.
F.
Off-street loading and unloading. In the F-P District,
adequate access and space shall be provided for all service and delivery
vehicles, including animal transporters. No loading or unloading shall
be done on or from a public street.
G.
Trash and garbage disposal. In the F-P District, adequate
receptacles and facilities for the proper pickup and disposal of all
garbage, refuse, trash or other solid wastes shall be provided. Such
facilities shall be subject to site plan approval by the Planning
Board.
H.
Landscaping, buffers and screening.
(1)
At the time of site plan review, the Planning Board
shall determine and require adequate and proper buffers and screening
for the protection of adjacent properties.
(2)
Those portions of a site in the F-P District that
are not used or occupied for on-site parking, access drives, streets,
roadways or walks or covered by natural growth shall be attractively
planted and maintained with trees, shrubs and grass lawns or other
acceptable ground covers as set forth on a planting plan. This plan
shall be furnished by the applicant for site plan review and submitted
to the Planning Board for review and approval.
(3)
All landscaped areas shall be permanently maintained
in a neat and orderly manner as a condition of use.
I.
Signs.
(2)
The above sign restrictions shall not pertain to signs
located within a family theme recreation park and not visible from
the property line of said lots upon which the park is located. Within
the family theme recreation park there shall be no restrictions on
the placement or size of signs not visible from the property line,
except that they shall be subject to the approval of the Planning
Board upon site plan review.
J.
Hours and seasons of operation.
(1)
In a family theme recreation park the operation of
any facility and activities in said use shall be limited to between
the hours of 9:00 a.m. and 9:00 p.m., prevailing time, of each day.
Said restrictions shall not apply to eating and drinking establishments,
campsites and retail stores and shops located within a family theme
recreation park. However, the operation of any facilities or activities
within a family theme recreation park can be conducted after 9:00
p.m. upon application and approval by the Township Council of the
Township of Byram. Said application shall be made, in writing, to
the Township Council at least 10 days prior to the date for which
an extension is sought. Said application shall further state the hour
to which the activity shall continue and the type of activity to be
conducted.
(2)
The facilities of a family theme recreation park shall
be permitted to operate on an all-year-round basis, except that picnic
areas and campsites located therein shall be limited to seasonal operation
between April 1 and October 31.
K.
Sanitary and water facilities. In an F-P District,
the following shall be required with reference to sanitary and water
facilities:
(1)
An adequate potable water supply shall be provided
at all times in a manner approved by the Board of Health.
(2)
Adequate sanitary facilities shall be provided at
all times and in a manner approved by the Board of Health.
(3)
An evaluation of the adequacy of the potable water
supply facilities and sanitary sewage disposal facilities performed
by a licensed professional engineer shall be submitted to the Planning
Board and approved by the Planning Board and the Board of Health prior
to site plan approval. All such facilities shall be further subject
to the approval of the appropriate county and state departments. Such
evaluations shall specifically consider peak visitor loads, maximum
on-site visitor density and the relationship of these factors to the
proper functioning of the water supply and sanitary facilities provided.
L.
Prohibited uses. The following uses shall be prohibited
within the F-P District:
M.
Nuisances. The following shall be considered as nuisances
and prohibited within the F-P District:
(1)
Noise is prohibited in accordance with § 240-60E(7) of this chapter, which subsection is hereby adopted by reference in its entirety, except that the hours as set forth in Table 1 of that subsection shall be amended for the purpose of this section to read, "During the hours from 9:00 a.m. to 9:00 p.m.," and the hours as set forth in Table 2 of said subsection shall be amended for the purposes of this section to read "During the hours from 9:00 p.m. to 9:00 a.m."
(2)
All permitted activities in the F-P District shall
be conducted in such a manner that there shall be no direct or sky-reflected
glare exceeding 0.5 footcandle, measurable at the property line of
the use. All exterior lighting shall be directed downward and away
from adjacent property. In any event, no storage of manure or animal
waste shall be permitted within 200 feet of any property line.
N.
Site plan approval.
(1)
Prior to the issuance of a building permit or certificate
of occupancy, the Planning Board shall review and approve a site plan.
(2)
As part of the site plan review and approval requirements
for a family theme recreation park, as defined herein, the applicant
shall furnish to the Planning Board all relevant data necessary to
determine peak visitor volumes and transient population density. Such
information shall be in a form usable by the Planning Board and Board
of Health and other Township, county and state agencies in establishing
all requirements necessary for the protection of the public health,
safety and welfare.
[Added 3-6-2006 by Ord. No. 5-2006[1]]
A.
Primary intended use. This zone is intended to limit
the development of said parcels to only such projects that are allowed
under open space status. A parcel that is to be zoned as an OS District
must be owned by a local, county, state or national government prior
to becoming an Open Space District.
B.
Prohibited uses. Any commercial or residential purpose.
[Added 3-6-2006 by Ord. No. 5-2006]
A.
Primary intended uses. The GC District is designed
to allow areas that are recognized as golf courses to limit their
development potential.
[Added 10-21-2002 by Ord. No. 12-2002]
(The Residential Schedule of Space Regulations is included as an attachment to this chapter.)
