[Amended 3-19-1984 by Ord. No. 2-84; 3-19-1984 by Ord. No.
7-84; 5-16-1988 by Ord. No. 6-88]
In the 5-Acre, 3-Acre, 1-Acre and 1/2-Acre Residence
Zones, no building or land shall be used and no building or structure
shall be erected, constructed, reconstructed, altered or repaired
which is arranged, intended or designed for any use or occupancy except
for the following:
A.
One single-family dwelling per lot which shall include
any use of single-family dwellings protected by state statute.
[Amended 6-15-1998 by Ord. No. 14-98]
B.
Playgrounds and parks.
C.
Agricultural uses.
D.
Home occupations. Home occupations involving an individual
craft or skill, such as dressmaking, millinery, cooking, pottery or
a teacher giving lessons to one pupil at a time. Home occupations
shall be permitted subject to the following conditions:
(1)
Such occupation shall be conducted solely by resident
occupants of the residential building.
(2)
No more than 25% of the first floor area of the residence
or 600 square feet, whichever is smaller, shall be used for such home
occupation.
(3)
No display of products shall be visible from the street.
(4)
The home occupation shall be conducted entirely within
the residence.
(5)
The residential appearance or character of the residence
shall not be changed.
(6)
The home occupation generates no noise, odors, lights
or other exterior physical impact beyond the levels normally associated
with the residential use.
E.
Accessory uses. Uses customarily incidental to the
above permitted uses, except:
[Amended 4-18-2005 by Ord. No. 5-05]
(1)
Accessory buildings and runs, pens or similar enclosures
(not including perimeter fencing of an open pasture) required for
any animals kept on the premises, other than household pets, must
be kept at least 200 feet from all lot lines.
(2)
Buildings or structures for the maintenance of livestock
shall be permitted only in the 5-Acre, 3-Acre, 1-Acre and 1/2-Acre
Residence Zones (regardless of references in other zone district standards
to inclusion of uses permitted in these zones).
(3)
A minimum lot area of three acres is required for
the maintenance of any livestock.
(4)
A minimum of one acre of lot area (excluding the homestead)
is required for each animal unit to be maintained on the property.
F.
Accessory uses, including related and appurtenant
buildings and structures, which are deemed to be customarily incidental
and subordinate to single-family residential uses are as follows:
[Added 4-18-2005 by Ord. No. 5-05[1]]
(1)
Private swimming pools and tennis or sports courts
as regulated herein.
(2)
Patios, decks, terraces and barbecue structures.
(3)
Pool houses, cabanas, storage sheds and like accessory
buildings.
(4)
Pergolas and other roofed open-air garden structures.
(5)
Child's play apparatus installed on the property.
(6)
Private noncommercial agricultural and horticultural
buildings, including greenhouses, barns, stables and like outbuildings.
(7)
Private garages accessory to the principal dwelling.
G.
In all residence zones, private swimming pools and nonilluminated tennis or sports courts are permitted as accessory uses, provided that they comply with the applicable setback regulations for the principal structure. Private tennis or sports courts which have aboveground lights on standards three feet high or more, the primary purpose of which is to extend the hours of operation, shall be considered conditional uses and approved by the Planning Board. All such lighting shall be subject to review and approval by the Planning Board Engineer for compliance with the provisions of § 195-47A and shall be limited to a maximum illumination of 0.2 footcandle at the perimeter of the playing surface. Any court with taller fixtures or fixtures exceeding this maximum illumination level shall be deemed an illuminated court. All illuminated tennis or sports courts shall comply with the requirements of § 215-13H(1), regarding conditional use standards for clubs. Deviation from any of these standards shall require a use variance from the Zoning Board of Adjustment. In reviewing any application for an illuminated court, the Planning Board or Zoning Board of Adjustment, as the case may be, shall consider the following factors:
[Added 4-18-2005 by Ord. No. 5-05[2]]
(1)
Hours of use.
(2)
Location of the light fixtures.
(3)
Impact of the lights on adjacent property.
(4)
Intensity and potential glare of the lights.
(5)
Impact of extended nighttime use of the facility on
adjacent property and the neighborhood.
(6)
Reasonable restrictions on the approval of such facilities,
including the type of lighting standards, fixtures, illumination intensity,
angle of light, hours of lighted evening use, screening, berming,
landscaping and fencing and similar techniques to prevent the illumination
from constituting a nuisance to adjacent property.
H.
Conditional uses. The following uses shall be permitted
as conditional uses, provided that all of the specified conditions
are met:
(1)
Clubs, provided that the following conditions are
met:
(a)
Any clubhouse or open terrace adjacent thereto,
swimming area, handball, tennis, badminton or any small games area,
and all parking areas shall be at least 100 feet from any residential
lot line or residential zone line.
(b)
No loudspeaker or public-address system shall
be used so as to create noise beyond the lot lines.
(c)
Minimum lot area shall be four acres.
(d)
Minimum lot width shall be 400 feet.
(e)
Minimum lot depth shall be 400 feet.
(f)
Minimum side yards shall be 100 feet.
(g)
Minimum rear yard shall be 100 feet.
(h)
Minimum front yard shall be 100 feet.
(2)
Nursery schools, provided that the following conditions
are met:
(a)
All play areas are set back 50 feet from all
lot lines.
(b)
All parking areas and play areas shall be screened
from view from abutting properties by a fence or coniferous hedge
at least five feet in height.
(c)
Minimum lot area shall be four acres.
(d)
Minimum lot width shall be 400 feet.
(e)
Minimum lot depth shall be 400 feet.
(f)
Minimum side yards shall be 100 feet.
(g)
Minimum rear yard shall be 100 feet.
(3)
Public, semi-public and private libraries, excluding
private proprietary use. Libraries shall comply with the following
requirements:
[Added 11-1-2004 by Ord. No. 20-04]
(a)
Minimum lot area shall be five acres.
(b)
The minimum lot width and building setback requirements
of the 5-Acre Zone shall apply.
(c)
Maximum building height shall be two stories,
but not to exceed the height restrictions applicable to the 5-Acre
Zone.
(d)
Maximum lot coverage by impervious surfaces
shall not exceed 20%.
(e)
There shall be a minimum landscaped buffer not less than 30 feet in width between any on-site improvements and any adjoining residential lot line. Parking, driveways and other paved areas shall be screened by a solid barrier to vision of evergreen trees not less than six feet in height at the time of planting. Alternatively, the Planning Board may permit a combination of fencing, landscaping and berms as specified in § 215-14 for the Village center cluster development option.
(f)
All requirements of § 215-9 shall be complied with regarding neighborhood compatibility, with the exception of size.
(g)
Any library building design standards shall comply with the building design standards of § 215-19E; with the exception of scale and building mass.
(i)
Any construction shall be in full compliance
with all applicable ordinances and rules and regulations of the Borough
and its agencies.
[Added 12-7-2015 by Ord.
No. 7-15]
B.
Accessory uses.
(2)
For a religious campus: It is recognized that the campus environment
for a religious order requires adequate accommodations to permit the
various activities that comprise not only the operations of the order
but the functional necessities to maintain the buildings and grounds.
Accordingly, the following ancillary components are permitted within
the building housing the living quarters or in other buildings and/or
structures, as appropriate: room(s) for worship services, religious
retreats and accommodations for same, administrative offices of the
religious order, common dining facilities, activity rooms, library,
central kitchen, common dining room, health and wellness facilities,
cemetery reserved for the religious order, residences for caretakers
and lay staff, site lighting, parking areas, signage, utility apparatus
for potable water and sanitary sewerage service, and appurtenant buildings,
structures and uses customarily incidental to the living needs and
administrative functions of the religious order and the campus operations.
D.
Standards for religious campus.
(1)
Minimum contiguous tract area: 80 acres.
(2)
Maximum number of persons residing on the campus shall not exceed
a density of 1.75 persons per acre.
(3)
Maximum percentage of total building coverage: 5%.
(4)
Maximum total impervious coverage: 10%.
(5)
Minimum continuous frontage on a public street: 1,000 feet.
(6)
Maximum building height: 45 feet.
[Added 12-18-1995 by Ord. No. 29-95]
A.
Purpose. The purpose of the village center cluster
development option is to provide standards pursuant to N.J.S.A. 40:55D-39
and 40:55D-65, or any amendments thereto, which encourage and promote
flexibility, economy and environmental soundness in layout and design
in order to implement the planning concept of a village center cluster
as adopted in the Borough Master Plan. A village center cluster is
intended to stimulate development which reflects historic patterns
in the Borough and which permits a mix of housing types and a variety
of lot sizes. A village center cluster is a specified development
node within the village center boundary of the Master Plan which is
intended to carry out the purposes and goals of the New Jersey State
Development and Redevelopment Plan (SDRP) as incorporated in the Borough
Master Plan.
[Amended 6-7-1999 by Ord. No. 15-99]
B.
Application. The village center cluster development
option may be applied in accordance with the provisions of this section
to modify the bulk and area requirements specified in the 3-Acre,
1-Acre and 1/2-Acre Residence Zones only on those tracts designated
as village center clusters in the Borough Master Plan and as shown
on the Borough Zoning Map. These tracts are identified as follows:
|
Tax Map Designation
|
Approximate Size
(acres)
| |
|---|---|---|
|
Block 201, Lot 79
|
18.6
| |
|
Block 1501, Lot 35
|
11.6
| |
|
Block 1801, Lot 16
|
91.4
|
C.
Permitted uses.
(1)
Principal uses.
(a)
Principal uses shall be: dwelling, one-family
detached; dwelling, one-family attached (townhouse and duplex); dwelling,
multifamily (apartments, triplex and quadplex); public parks, playgrounds,
conservation areas and Borough facilities, common open space and facilities
appurtenant thereto. No building shall contain more than six dwelling
units.
(b)
DUPLEX
DWELLING, MULTIFAMILY
QUADPLEX
SINGLE-FAMILY DETACHED
TOWNHOUSE
TRIPLEX
Definitions. For purposes of this section, the
following definitions of principal uses shall apply:
A building containing two single-family dwelling units totally
separated from each other by a wall without openings extending from
ground to roof.
A building containing three or more dwelling units, including
units that are located one over the other but not exceeding two stories
in height.
A building containing four attached single-family dwelling
units in which each unit has two exterior exposures, shares one or
two vertical, common fire-resistant walls with an adjoining unit or
units, no unit is over another unit and each unit has access to the
outside at ground level. A row of four townhouses could constitute
a type of quadplex.
A building containing one single-family dwelling unit and
which is not attached to any other dwelling unit by any means and
is surrounded by open space or yards.
A single-family dwelling in an attached row of at least three
such units in which each unit has its own front and rear access to
the outside at ground level, no unit is located over another unit
and each unit is separated from any other unit by one or more vertical,
common fire-resistant walls.
A building containing three attached single-family dwelling
units, each of which has direct access to the outside or to a common
hall; a row of three townhouses would constitute a type of triplex.
(2)
Accessory uses shall be off-street parking and garages, accessory buildings approved as part of the planned development or permitted accessory structures on single-family lots which are otherwise permitted by § 215-13E of this chapter.
(3)
Public, semi-public and private libraries, excluding private proprietary use, shall be permitted as a conditional use in accordance with the requirements of § 215-13F(3).
[Added 11-1-2004 by Ord. No. 20-04]
D.
Minimum tract area. The minimum total area of a tract
to be developed under the village center cluster development option
shall be 10 acres. Such area to be so developed shall be planned and
developed as a single entity.
E.
Findings by the Planning Board. Notwithstanding other
provisions of this section, development proposals in accordance with
this section shall be approved by the Planning Board as regulated
herein only if the following findings are made:
(1)
That departures by the development from zoning regulations
otherwise applicable to the property conform to N.J.S.A. 40:55D-65
and any amendment thereto.
(2)
That the proposals for the ownership, maintenance
and conservation of the permanent common open space are reliable and
the amount, location, design and function of the permanent common
open space are adequate.
(3)
That provisions regarding 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.
(4)
That the proposed development (as shown on the specific
proposed site plan) will not have an unreasonably adverse impact upon
the area in which the development is proposed to be established and
will not result in unreasonably adverse on-site impacts.
(5)
That the terms and conditions regarding completion
of the development are adequate to protect the interests of the public
and of the residents, occupants and owners of the proposed development.
F.
General procedures.
(1)
Development proposals using the village center cluster option shall comply with the applicable requirements of Chapter 195, Subdivision of Land and Site Plan Review. Further, nothing contained in this section shall relieve the owner, developer or agent of the developer of a cluster subdivision from obtaining site plan or subdivision plat approval in accordance with Chapter 124, Land Use Procedures.
(2)
Prior to submission of an application for preliminary
approval of a proposed village center cluster, the developer shall
submit a concept plan for review by the Planning Board. Such concept
plan shall identify and locate the areas of the tract proposed for
development, open space and recreation areas, road and street layout
of the project and the type of residential structures and density
of housing sites being proposed within the tract. Adequate wastewater
disposal feasibility in accordance with all applicable standards shall
be demonstrated. Environmental features of the tract shall also be
identified, including site topography at two-foot contour intervals,
wetlands and transition buffers, steep slopes greater than 15%, streams,
floodplains and watercourses and any other significant natural factors
which may impact the project site. The Planning Board may require
additional information in connection with the conceptual review.
G.
Maximum tract density.
(1)
The base tract density shall be calculated by dividing
the gross land area of the tract by three in the 3-Acre Residence
Zone, by one in the 1-Acre Residence Zone and by 0.5 in the 1/2-Acre
Residence Zone. In addition, the tract density of development may
be increased by application of any or all of the following density
bonuses (which are applied to the base tract density to achieve certain
public purposes) as follows:
(a)
Ten percent for implementation of a cluster
plan.
(b)
Ten percent for inclusion of a Mount Laurel
housing component.
(c)
One additional unit for each five acres of environmentally
unconstrained parkland (parkland not affected by freshwater wetlands
or slopes of 15% or greater) which is dedicated to the Borough from
the tract as public open space.
(2)
Fractions of a dwelling unit for any individual bonus
category shall be carried as fractions until all applicable bonuses
have been calculated and added together. If this computation of maximum
tract density results in a fraction of a dwelling unit of 0.5 or greater,
the total may be rounded to the next higher whole number to permit
credit of a full dwelling unit. Otherwise the resulting fraction shall
be dropped.
(3)
The resulting maximum tract density shall be allocated
by the developer to the proposed housing development sites within
the tract, but no housing development site shall exceed the following
densities for the respective dwelling types:
|
Maximum Gross Housing Site Density
| ||
|---|---|---|
|
Type of Dwelling
|
Maximum Density
(units per acre)
| |
|
Single-family detached
|
4
| |
|
Single-family attached
|
5
| |
|
Multifamily
|
10
| |
(4)
For housing sites within village center clusters which
are planned and developed as inclusionary developments to provide
low- and moderate-income housing, the applicable set-asides for affordable
housing [as established by the New Jersey Council on Affordable Housing
(NJCOAH) pursuant to N.J.A.C. 5:93-5.6] shall be as follows:
|
Actual Housing Site Density
(units per acre)
|
Required Set-Aside
(percent)
| |
|---|---|---|
|
4
|
15%
| |
|
5
|
20%
|
H.
Bulk and setback standards. The following minimum
bulk, setback and dimensional standards shall apply to housing development
sites proposed under the village center cluster development option.
(1)
Single-family detached dwellings on lots from 1/4
to 1/2 acre in area shall comply with the standards of the 1/4-Acre
Residence Zone; no lot for a single-family detached dwelling shall
have an area less than 1/4 acre.
(2)
Single-family detached dwellings on lots greater than
1/2 acre and up to one acre in area shall comply with the standards
of the 1/2-Acre Residence Zone.
(3)
Single-family detached dwellings on lots greater than
one acre and up to three acres in area shall comply with the standards
of the 1-Acre Residence Zone.
(4)
Single-family detached dwellings on lots greater than
three acres in area shall comply with the standards of the 3-Acre
Residence Zone.
(5)
Single-family attached dwellings.
(a)
Single-family attached dwellings (townhouse,
duplex, triplex and quadplex units) and multifamily dwellings shall
comply with the minimum requirements of § 215-15A(3) of
this chapter except that the minimum front, rear and side yard setbacks
of village center clusters in the 1/2-Acre and 1-Acre Residence Zones
shall be 50 feet. In addition, single-family attached and multifamily
buildings shall meet the following minimum distance requirements as
to each building:
[1]
Windowless wall to windowless wall: 30 feet.
[2]
Window wall to windowless wall: 40 feet.
[4]
Any building face to an interior driveway, common
parking area or roadway curb: 20 feet.
[5]
Any building face to a public street right-of-way
or to any property line of adjoining property: 100 feet in 3-Acre
Residence Zone; 50 feet in 1-Acre and 1/2-Acre Residence Zones.
(b)
The Planning Board may reduce the above minimum
distances between buildings by not more than 1/3 if there is an angle
of 20° or more between buildings and if extensive landscaping
or treed buffers, approved by the Planning Board, are placed between
buildings.
(6)
For purposes of determining which zone's bulk standards shall apply to single-family detached dwellings in developments in which the land related to these dwellings is in common ownership, lots [as that term is used in Subsections H(1), (2), (3) and (4) above] shall be designated with a dashed line on the site plan by the developer as appurtenant to (though not to be conveyed with) each single-family detached dwelling.
I.
Landscaping, buffering and screening. Within all adjoining property line setback areas established pursuant to Subsection H(5)(a)[5] above, the developer shall submit a landscaping, buffering and screening plan which has been prepared by a registered landscape architect and which complies with the following minimum requirements:
(1)
Buffer strip dimension. A landscaped buffer strip
shall be established and maintained along all tract property lines
within the setback area. Such buffer strips shall be a minimum of
20 feet in width.
(2)
Screening and landscaping in the buffer strip. Whenever
a developed use in this zone abuts any single-family residential zone
or use, the buffer strip required shall also contain screening materials
such as dense hedges, shrub plantings, decorative fencing or landscaped
earth berms. The required buffer strip shall:
(a)
Be landscaped by the planting of grass and/or
ground cover, shrubs and trees. A minimum planting density of three
shrubs and two trees shall be provided for each 400 square feet of
area, or fraction thereof, of the buffer strip. If the buffer strip
is naturally wooded in its entire width, it shall remain in its natural
condition in place of the required shrubs and trees and a perpetual
conservation easement created to assure that the area will remain
in its natural state.
(b)
Not contain parking areas or other accessory
structures or uses except those intended for decorative or passive
recreational purposes. Driveways necessary to serve dwelling units,
interior drives or off-street parking areas may cross required buffer
strips but shall not traverse them laterally for a distance greater
than 75 feet.
(c)
Contain screening which, when required, shall,
at a minimum, consist of dense hedges of deciduous and at least 50%
evergreen shrubbery, planted at 30 inches on center in a single row
or at five feet on center in each of two staggered rows. If only evergreens
are used, they may be planted at five feet on center in a single row
or at 10 feet on center in each of two staggered rows. Plants shall
be a minimum of six feet tall at the time of planting.
(3)
Fencing and berms. Subject to Planning Board approval, some screening may be achieved by the installation of a solid fence of naturally durable material, such as cedar, cypress or redwood, not less than five feet high and open to the ground not more than four inches above ground level; or, subject to Planning Board approval, by the installation of a landscaped earth berm not less than three feet in height, planted with ornamental and evergreen shrubs and trees in accordance with the planting densities set forth in Subsection I(2)(a) and (c) above.
(4)
Shade trees. Shade trees shall be planted along all
public streets and interior drives of village center cluster developments
as follows:
(a)
Trees shall be of nursery stock of an approved
species, grown under the same climatic conditions as found at the
location of the development. Trees shall be of symmetrical growth,
free of insect pests and disease, suitable for street use and durable
under the maintenance contemplate.
(b)
The average trunk diameter measured at a height
of six feet above the finished grade level shall be a minimum of two
to three inches, depending upon the particular species planted. Trees
shall be planted at intervals of 40 to 50 feet apart, depending upon
the species, along both sides of the street and interior drives.
(c)
All planting shall be done in conformance with
good nursery and landscape practice and supervised by a registered
landscape architect.
(5)
Planting strips and islands. All planting strips or
islands within public street rights-of-way and interior site drives
and areas shall be flush-graded, properly prepared and seeded or sodded
with lawn grass in conformance with good nursery and landscape practice.
In the alternative, for maintenance purposes, they may, where appropriate,
be landscaped and stabilized with appropriate ground cover, decorative
stone, bark, mulch or other suitable landscaping or xeriscaping materials,
as approved by the Planning Board.
J.
Common open space.
(1)
Permanent common open space. Not less than 40% of
the gross acreage of a tract as reduced by any dedications to the
Borough shall be reserved for permanent common open space; not more
than 20% of the permanent common open space on site shall be reserved
for use for active recreation activities, including but not limited
to playgrounds, playfields, tot-lots, tennis courts, swimming pools
and other active recreation pursuits of similar type and intensity;
provided, however, that the Planning Board may further restrict the
extent of active recreation areas upon a finding that such reduction
is required by documented environmental considerations. "Gross acreage"
shall not include area dedicated to the Borough.
(2)
Location, design and function. The location, design
and function of all permanent common open space shall be accomplished
in accordance with sound and accepted land planning, engineering and
landscape architectural principles. All common open space areas which
are disturbed by land development shall be attractively replanted
with lawn, shrubs and trees and ground covers. Naturally vegetated
areas shall be properly and permanently stabilized and protected from
siltation, soil erosion and other detrimental impacts from the developed
portions of the tract.
K.
EIS requirement. The developer of a proposed village center cluster shall submit an ecological impact statement (EIS) prepared in accordance with the provisions of Chapter 124, Land Use Procedures, Part 2. In addition, a fully detailed feasibility study and plan for the disposal of sanitary sewage shall be submitted to the Planning Board with the EIS.
L.
Parking. Each village center cluster shall comply with the design and location criteria for off-street parking as set forth in § 195-45 of this Code. In addition, each residential dwelling unit proposed shall provide off-street parking according to the following schedule[1]:
(1)
One-family detached, townhouse and duplex and multifamily:
|
Schedule of Off-Street Parking
| |||
|---|---|---|---|
|
Type of Dwelling Unit
|
Required Parking Spaces
| ||
|
One-family detached
| |||
|
2-bedroom
|
2.0
| ||
|
3-bedroom
|
2.0
| ||
|
4-bedroom
|
3.0
| ||
|
5-bedroom
|
3.0
| ||
|
Townhouse, duplex, triplex and quadplex
| |||
|
1-bedroom
|
1.8
| ||
|
2-bedroom
|
2.3
| ||
|
3-bedroom
|
2.4
| ||
|
Multifamily
| |||
|
1-bedroom
|
1.8
| ||
|
2-bedroom
|
2.0
| ||
|
3-bedroom
|
2.1
| ||
(2)
Any other residential units not specified herein shall
provide a minimum of two off-street parking spaces for each dwelling
unit.
(3)
For one-family detached housing there shall be a minimum
of two on-site parking spaces within a garage. For all other residential
housing types except apartments there shall be a minimum of one on-site
parking space within a garage which is appurtenant to each dwelling
unit.
[1]
Editor's Note: The provisions contained in
the Schedule of Off-Street Parking may be in conflict with those contained
in Table 4.4 of the Residential Site Improvement Standards, N.J.A.C.
5:21-4.14. In case of conflict, the latter standards shall control
to the extent that they are enforceable.
