Nothing in this chapter shall require any change
in the plans, construction, size or designated use of any building,
structure or part thereof for which any building permit or site plan
approval has been granted before the enactment of this chapter, provided
that construction from such plans shall have been started within 60
days after the enactment of this chapter and shall be diligently and
continuously pursued to completion. Otherwise said approval shall
be void.
Except as specified in §
108-25, any use, building or structure existing at the time of the enactment of this chapter may be continued, even though such use, building or structure may not conform with the provisions of this chapter for the district in which it is located.
All lots being filled shall be filled with clean
fill and/or topsoil to complete surface draining of the lot into local
storm systems or natural drainage rights-of-way. No construction shall
be permitted which creates or aggravates water stagnation or a drainage
problem on adjacent properties.
[Amended 1-9-1990; 12-26-2006 by Ord. No.
2006-14]
No lot shall have conducted upon it more than
one principal use. No more than one principal dwelling or building
shall be permitted on one lot, except shopping centers receiving site
plan approval where all uses are permitted for that zone and except
agricultural uses where the residence and permitted agricultural business
are permitted on the same lot. Gasoline service stations are not accessory
uses to auto repair shops. Gasoline service stations are not accessory
uses to convenience stores.
[Amended 9-26-2006 by Ord. No. 2006-12]
A. No auto repair shop shall have an entrance or exit
for vehicles within 200 feet along the same side of a street of any
firehouse, school, playground, church, hospital, public building or
institution, except where such property is in another block or abuts
another street which the lot in question does not abut.
B. All lubrication, repair or similar activities shall
be performed in a fully enclosed building, and no dismantled parts
shall be displayed outside of an enclosed building. All appliances,
pits, storage areas and trash facilities shall be within a building;
provided, however, that trash dumpsters shall be permitted in an area
designated and approved on the site plan.
C. No junked motor vehicle or part thereof or motor vehicles
incapable of normal operation upon the highways shall be permitted
on the premises of any auto repair shop. It shall be deemed evidence
of violation of this chapter if more than four motor vehicles incapable
of operation are located at any one time upon any premises not within
a closed and roofed building; except, however, that a number not exceeding
six motor vehicles may be located upon any auto repair shop premises
outside of a closed or roofed building but at least 20 feet from any
street or property line, for a period of time not to exceed four days,
and provided that the owners are awaiting repair of said motor vehicles.
[Amended 5-30-1978; 5-29-1990]
[Added 5-29-1990]
It is the intent and purpose of this section
to:
A. Encourage and permit signs which, by uniformity of
lettering and design and by limitation of size and number, enhance
the Township environment and are compatible with its rural character.
B. Discourage and render unlawful signs which:
(1)
Obstruct scenic vistas and natural features.
(2)
Contribute to visual pollution.
(3)
Contribute to traffic hazards.
[Added 5-29-1990]
Any sign is defined as "nonconforming" which does not meet the requirements of this section. Any sign legally constructed and existing at the time of passage of this section that fails to comply with the minimum requirements of this section shall constitute a nonconforming use. A nonconforming sign shall not be altered, rebuilt, enlarged or extended, unless such action creates a conforming use. Section
108-25, entitled "Nonconforming uses and structures," shall apply to nonconforming signs.
[Added 5-29-1990]
The following types of signs or artificial lighting
are prohibited in all zones.
C. Any flashing, moving or animated or sequentially lighted
signs.
[Amended 6-27-1995]
D. Any sign whose lighting or central mechanism causes
radio or television interference.
E. Signs utilizing the colors red or green in their illumination
within 100 feet of a street intersection.
F. Signs which resemble, simulate or may be mistaken
for a traffic sign within 20 feet of a roadway.
G. Signs which are menaces to public safety.
I. Signs affixed to trees, rocks or other natural things.
J. Signs affixed or painted on water towers or similar
structures.
K. Freestanding pylon signs located in public rights-of-way
or approved sight easements.
L. String banners, string flags, aluminum ribbons or
similar attention-getting devices.
M. Signs which obstruct motorists' vision, traffic signs
or signals or business identification signs outside the lot on which
the business is located.
N. Animated signs, as well as streamers, pennants and similar displays,
are prohibited in all zones, including on any billboards. Without
limitation of the generality of the foregoing, this prohibition includes
balloons, other inflatable objects, searchlights, and flexible signs
in which movement is produced through operation of a fan or similar
device.
[Added 4-25-2023 by Ord. No. 2023-07]
O. Changeable
copy signs are prohibited in all residential zones, with the exception
of institutional uses, within the Township, including on any billboards.
[Added 4-25-2023 by Ord. No. 2023-07]
P. Digital
blade signs that include either electronic ability or illumination
are prohibited in all zones.
[Added 4-25-2023 by Ord. No. 2023-07]
Q. Except as specifically provided otherwise in §§
108-30.2,
108-30.6,
108-30.9 and
108-30.10, temporary signs shall be prohibited in all zones, with the exception of institutional uses. Digital temporary signs are prohibited in all zones without exception.
[Added 4-25-2023 by Ord. No. 2023-07]
R. Moveable
signs shall be prohibited in all zones, with the exception of institutional
uses. Moveable digital signs are prohibited in all zones without exception.
[Added 4-25-2023 by Ord. No. 2023-07]
[Added 5-29-1990]
All signs in Hampton Township shall:
A. Conform to standards set forth in the preceding sections
and the Township Building Code.
B. All support, braces, hooks, anchors and other fastening
devices of any sign shall be of sturdy and substantial construction,
shall be kept in good repair and shall be maintained in a clean safe
and orderly appearance.
C. The owner of the property upon which a sign is located
shall be responsible for maintaining the sign and its surroundings.
D. Indirect or interior lighting is permissible, provided
that the source of light will not cause glare upon a street or adjacent
property.
E. Permanent signs shall be located only on the premises
of the use or activity to which they are calling attention.
F. No sign shall be placed as to interfere with or be
mistaken for a traffic light or similar safety device.
G. No sign shall be lighted by means of flashing, intermittent
or sequentially lighted illumination. All lights used for the illumination
of any use or building or the areas surrounding them or for the illumination
or display of merchandise or products of business establishments shall
be completely shielded from the view of vehicular traffic using the
road or roads abutting such business properties. Floodlights used
for the illumination of such premises or of any sign thereon, whether
or not such floodlights are attached to or separate from the building,
shall not project above the highest elevation of the front wall of
the building.
[Amended 6-27-1995]
H. No sign as permitted shall extend or project above
the highest elevation of the wall to which it is attached or above
the height of the building as defined in this chapter.
I. No sign shall extend further than 15 inches from the
face of the building upon which it is attached.
J. The area of a sign shall be computed as the total
square foot content of the background and frame upon which the lettering,
illustration or display is presented. If there is no background, the
sign area shall be computed as the product of the largest horizontal
dimension and the largest vertical dimension of the lettering, illustration
or display. Each side of a two-sided sign shall be allowed the maximum
permitted area.
K. All signs shall be limited to noniridescent colors,
including the background, with the exception of safety and directional
signs of not more than two square feet.
[Added 5-29-1990; amended 4-25-2023 by Ord. No. 2023-07]
A. Each
establishment shall be permitted only one facade sign and only one
freestanding general directory or pylon sign, provided that such signs
conform to the schedule of sign regulations for the districts and
other applicable requirements. Directional signs such as "loading,"
"shipping," and "receiving" are permitted, provided that they do not
exceed two square feet.
B. Each establishment shall be permitted to have one electronic changeable copy sign as part of one freestanding general directory or pylon sign permitted in the above subsection and regulated by §
108-30.11.
C. The
changeable copy sign for each establishment shall not be other than
a freestanding general directory, pylon sign or ground sign and shall
not be a facade or blade sign.
D. No changeable
copy sign shall be displayed from inside a window of any establishment.
E. Each
establishment shall be permitted in lieu of a freestanding general
directory a pylon sign or a ground sign not to exceed 40 square feet
and eight feet in height, including the base.
[Added 5-29-1990]
Signs in residential districts shall conform
to the applicable requirements of this section and to the schedule
of sign requirements.
A. One customary professional sign or nameplate sign
not more than two square feet in area, which may be illuminated, provided
that the direct source of light is shielded in such a manner that
it is not visible from the street nor any adjoining residential property,
unless a porch light or lamppost light.
B. A nonilluminated temporary sign, pertaining to the
lease or sale of the premises upon which it is placed not exceeding
four square feet. Such signs shall be removed within seven days after
signing the contract for sale, the signing of a sale transaction or
the execution of a lease.
C. Subdivision developments involving six or more residential
lots may contain a sign advertising the sale of the dwellings contained
therein, as approved by the Planning Board, as follows:
(1)
One nonilluminated sign no larger than eight
square feet shall be permitted at each entrance of the development.
In addition, nonilluminated trade and professional signs no larger
than four square feet shall be permitted on the lots being developed.
(2)
All signs permitted under this section shall
be removed within seven days after signing the contract of sale, signing
of a sale transaction or the execution of a lease of the last house
in the development.
D. A sign deemed necessary to the public welfare by the
governing body. Signs for public buildings, parks and other public
community facilities shall not exceed 20 square feet.
E. A sign not more than 10 square feet in area advertising
the name of a house of worship on the premises, its pastor and its
coming activities.
F. Agricultural uses may have the following signs:
(1)
Two signs advertising the sale and price of
seasonal and farm produce, provided that the total area of such signs
does not exceed 32 square feet.
(2)
One identification sign of not more than two
square feet, which may indirectly illuminated, stating the name of
the agricultural use, the address and the name of the owner.
G. Permitted identification signs for a subdivision development
shall not be larger than eight square feet at each entrance.
H. Sign regulations governing the Apartment/Townhouse Multiple-Family Residential District (APT/TH) are contained in §
108-13J of the Zoning Ordinance.
[Added 4-25-2023 by Ord. No. 2023-07]
Changeable copy signs (including electronic changeable copy
signs) shall be permitted only as specifically set forth herein.
A. Ground signs and freestanding signs. Changeable copy signs (including
electronic changeable copy signs) may be included on ground and freestanding
signs in the Highway Commercial (HC), Highway - Commercial - Manufacturing
- Industrial (HC-MFG), Highway - Commercial - Research - Development
(HC-RD), Highway - Commercial - Residential (HC-R) and Neighborhood
Commercial (NC) Zone Districts only, subject to the following limitations:
(1)
The changeable copy sign must be secondary to the primary signage,
which may not contain changeable copy elements.
(2)
The changeable copy sign must be mounted below the primary signage.
(3)
Changeable copy signs may only be installed on properties with
front yard frontages on Route 206, Halsey Road and Route 94.
(4)
Changeable copy signs must be oriented to be readable from Route
206, Halsey Road and Route 94.
(5)
Changeable copy signs cannot be located less than 250 feet from
a property zoned solely for residential use or developed for residential
use.
(6)
The changeable copy sign shall be included in the calculation
of the total sign area. The dimensions of the changeable copy sign
may not exceed the corresponding dimensions of the primary signage;
provided, however, that the area of the secondary changeable copy
sign shall not exceed 1/3 of the total sign area or 32 square feet,
whichever is less.
(7)
The changeable copy sign shall have a minimum front yard setback as set forth in §
108-30.11 of this chapter and shall have a maximum front yard setback of no more than 10 feet greater than the minimum front yard setback permitted in the zone.
(8)
No digital changeable copy sign shall display sexually explicit
or pornographic images.
(9)
All regulations that do not conflict with the remaining regulations
of this section pertaining to ground and freestanding signs in the
Highway Commercial (HC), Highway - Commercial - Manufacturing - Industrial
(HCMFG), Highway - Commercial - Research - Development (HC-RD), Highway
- Commercial - Residential (HC-R) and Neighborhood Commercial (NC)
Zone Districts apply to the changeable copy sign.
B. General requirements and restrictions.
(1)
No changeable copy signs are permitted on any billboard. The
change to changeable copy signage or the addition of changeable copy
signage on an existing billboard shall require a variance, as provided
in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
(2)
Animated signs are prohibited in all zones.
(3)
The message on an electronic changeable copy sign shall not
change more than once every 30 seconds. Only one message is permitted
to be displayed on a changeable copy sign during said thirty-second
period.
(4)
No sign shall consist exclusively of changeable copy signage.
(5)
Site plan approval shall be required for freestanding signs,
ground signs, blade signs and facade signs.
(6)
Institutional uses in all zones shall be permitted to have electronic
changeable copy signs that shall meet the regulations of electronic
changeable copy signs in the Highway Commercial (HC), Highway - Commercial
- Manufacturing - Industrial (HC-NIFG), Highway - Commercial - Research
- Development (HC-RD), Highway - Commercial - Residential (HC-R) and
Neighborhood Commercial (NC) Zone Districts.
(7)
Electronic changeable signs shall be in operation only during
the hours of business operation, but in no event shall be permitted
to operate later than 9:00 p.m.
(8)
Changeable copy signs may advertise only the products and services
offered on the property on which the sign is located and may not advertise
specials or sales offered by any other business, organization or facility
with the exception of Township or community messages.
(9)
Changeable copy signs shall not emulate traffic control devices.
(10)
No changeable copy sign shall create a distraction or nuisance
for motorists.
(11)
Electronic signs shall not be permitted to emit more than 50%
of their illumination as the color white or light blue.
(12)
Lettering on nonelectronic changeable copy signs shall conform
to the following standards:
(a)
Lettering used on manual changeable copy signs oriented toward
local or collector streets shall be no greater than three inches in
height.
(b)
Lettering used on manual changeable copy signs oriented toward
service, minor or major arterial streets shall be no greater than
six inches in height.
(c)
Lettering used on manual changeable copy signs oriented toward
pedestrians shall be no greater than two inches in height.
C. Technical requirements for electronic changeable copy signs.
(1)
The illumination and/or intensity of the sign display shall
be controlled so as not to create glare, hazards or nuisances. The
sign shall not cause glare or impair the vision of motorists, shall
not impair the observation of traffic control devices, shall not interfere
with any driver's operation of a motor vehicle, and shall not constitute
a nuisance to neighboring property owners.
(2)
Each sign shall be equipped with a dimmer control and a photocell
which automatically adjusts the intensity of the display in response
to natural ambient light conditions in accordance with the illumination
standards hereof.
(3)
All signs must be equipped with a properly functioning default
mechanism that will return to a solid black display should a malfunction
occur.
(4)
The maximum brightness level may not exceed 0.2 footcandle over
ambient light levels.
(5)
When first installed, or within 10 business days of a request
by the Township, the sign shall be calibrated and certified by the
sign owner as complying with the requirements hereof and that the
ambient light monitor and dimming technology function properly. This
includes performing the following test to be witnessed by the Township
Engineer:
(a)
The brightness level of the sign over ambient light levels shall
be measured at a distance from the sign equal to the square root of
the area of the sign multiplied by 100. (Example for an eight-foot-by-four-foot
sign, the distance is calculated as follows: 8 x 4 x 100 = 3,200 feet;
43,200 = 56.57.)
(b)
At least one hour after sunset, a footcandle meter shall be
used to measure ambient light at the location of the sign. Said measurement
shall be taken with the electronic sign turned off or displaying black
copy. The reading shall be made at a height of five feet with the
meter aimed directly at the sign area and perpendicular to the center
of the sign.
(c)
The electronic sign will be then turned to full white copy and
another reading will be taken at the same location and with the same
meter.
(d)
If the difference between the two readings is 0.2 footcandle
or less, the electronic sign brightness level is properly adjusted.
(6)
The sign shall operate at a maximum of 5,000 nits during the
daytime and shall be equipped with a mechanism or controls to automatically
adjust the brightness to 800 nits starting at dusk.
D. Traffic/emergency messages. The owner of the sign shall be required
to coordinate and permit message access for local, regional, state,
and national emergency services during emergency situations. Emergency
messages are not required to conform to message standards listed herein.
Emergency or traffic information signs mounted on trailers or attenuator
trucks set up by any emergency services or construction companies
are exempt from this section.
[Added 11-28-2023 by Ord. No. 2023-25]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
SHIPPING CONTAINER
A prefabricated receptable or enclosure designed to be used
for storage or shipment. It includes sea containers, transmodal containers,
portable on-demand storage units, and trailers from tractor-trailer
units that remain in a stationary location. It does not include open-topped
containers of 40 cubic yards or less (commonly referred to as "dumpsters")
used for disposal of material such as garbage, debris or yard waste.
Shipping containers may be short-term (on site for 45 days or less),
temporary (on site for more than 45 days but less than 225 days),
or permanent (on site for more than 225 days).
B. Shipping containers are prohibited in all zones, except for the following:
(1) Shipping containers placed on publicly owned property by or with
authorization of the owner thereof.
(2) Shipping containers explicitly permitted as an accessory structure
by site plan or variance approval of the Planning Board.
(3) Shipping containers in any zone that are permitted per Subsections
C and
D below.
C. Subject to the issuance of a permit, shipping containers shall be
allowed as follows:
(1) A short-term shipping container placed on privately owned property
for the purpose of moving personal property into or out of that property.
(Such short-term shipping container shall not require a permit.)
(2) A temporary shipping container placed on privately owned property
for the purpose of storage due to emergency circumstances affecting
a structure existing on that property (e.g., a fire or flood) for
not more than one year after the emergency occurs.
(3) A temporary shipping container placed on privately owned property
for use in connection with construction taking place on that property.
(4) A temporary shipping container placed on privately owned property
for use in direct connection with and as necessary for agricultural
activities of a farm. This provision shall apply only to actively
qualified farmland assessed properties in accordance with N.J.S.A.
54:4-23.1 et seq.
(5) A permanent shipping container placed on privately owned property.
(6) A temporary shipping container placed on privately owned property
used as part of the standard operating procedure for the movement
of goods of a business located in a nonresidential zone district;
provided, however, that any single shipping container may not remain
on the premises for more than 45 consecutive days.
D. All shipping containers regulated by this section must meet the following
requirements:
(1) Maximum dimensions. A shipping container in R-1.5 and R-2 Zones may
not exceed 10 feet in height, 10 feet in width and 20 feet in length.
In all other zones, a shipping container may not exceed 10 feet in
height, 10 feet in width and 40 feet in length.
(2) Location.
(a)
Shipping containers are prohibited from being placed in any
public streets or rights-of-way.
(b)
Temporary shipping containers shall be placed in rear or side
yards and are prohibited from being placed in the front yard of any
property unless no other alternative is reasonably available. Permanent
shipping containers are prohibited in the front yard.
(c)
Setback requirements.
[1]
The location of a permanent shipping container must comply with
the setback requirements applicable to accessory buildings for the
zone in which the subject property is located, but in no event shall
such shipping container be less than 15 feet from a side or rear lot
line. In addition to the above, such shipping container shall be at
least 20 feet from any residence on either an adjacent property or
the property where the container is located. In addition to the above,
such shipping container on a farm property shall be least 50 feet
from any property line.
[2]
Temporary shipping containers permitted by reason of Subsection
C(2),
(3),
(4) and
(6) of this section shall comply with the setbacks for accessory buildings unless it is impractical.
(d)
A shipping container shall be placed in a location that is approximately
level and in no event upon a slope exceeding 1%, and temporary and
permanent shipping containers shall be on a hard surface such as concrete,
asphalt or compacted gravel and anchored to the ground so as to resist
movement from wind or other forces.
(e)
A permanent shipping container which is located on a lot adjacent
to residentially zoned or used property or which is visible from any
street shall be screened from the residential uses and/or the street
by means of a solid fence six feet tall and/or evergreen vegetative
screening of the same height.
(f)
Shipping containers shall not be stacked.
(g)
Shipping containers shall not be placed on any part of a septic
system.
(3) Number.
(a)
Containers in the R-1.5, R-2 and R-3 Zones are only allowed
on properties that meet the minimum lot size referred to in the zone.
(b)
No more than one shipping container shall be permitted on a
property at any given time, provided the property consists of 1.5
acres or more.
(c)
No more than one shipping container per every five contiguous
acres shall be permitted on any farm property at any given time.
(d)
No shipping container shall be permitted on any property consisting of an area of less than 1.5 acres, except when such a shipping container is permitted by reason of Subsection
C(1),
(2),
(3) or
(6).
(4) Condition. All shipping containers shall be free from rust, peeling
paint, graffiti and other visible forms of deterioration, disassembly
or disrepair. With regard to any shipping containers with a wood floor,
applicants shall check with the manufacturer or seller to verify that
no hazardous materials or pesticides have been used to treat or build
the shipping container. Temporary and permanent shipping containers
shall only be of earth-tone colors (e.g., brown, grey, tan) or forest
green. Other colors (e.g., orange, blue, multicolor, including camouflage
patterns) are prohibited. Except for short-term shipping containers,
no signage or other writing or symbols shall be on the shipping container.
Wherever shipping containers may be placed, they shall be subject
to all applicable property maintenance standards set forth in the
Code. The area surrounding the shipping container shall be kept in
a neat and clean condition. Shipping containers shall not have windows
or doors (except the standard doors at the end of the container).
(5) Uses.
(a)
Shipping containers can be used only for storage and movement of personal property and/or commercial goods. All storage shall be inside the shipping container. Nothing shall be stored on top of the shipping container. No part of the shipping container may be used to mount solar panels or signs. No shipping container shall be used for storage of hazardous waste (as defined in §
105-3) or used as a dwelling or animal shelter or for sales, service, repair, fabrication or assembly.
(b)
Except for short-term shipping containers and shipping containers permitted under Subsection
C(2),
(3) or
(4), a shipping container may not be the only or the principal structure on the property. All shipping containers may only be used as an accessory structure by the owners of the property, the tenant of the property or a contractor performing work on the property and may not be leased or subleased for use by third parties.
(c)
Shipping containers shall not be used as a fence or barrier.
(d)
Shipping containers shall be locked when not in use.
(e)
Temporary and permanent shipping containers shall have a ten-pound
fire extinguisher (Type ABC) mounted outside within three feet of
the container door.
(f)
Temporary and permanent shipping containers may contain lighting
and a dehumidifier, provided the wiring is done with a permit. No
other electrical devices or other utilities shall be connected to
a shipping container. A generator may not be used for power to a shipping
container.
(g)
No roofs shall be placed on shipping containers or between shipping
containers.
(6) Preexisting nonconforming containers.
(a)
Shipping containers that have been located on a property before November 29, 2023, and continuously thereafter without interruption may continue at the same location and for the same use but may not be relocated or the use changed without compliance herewith. Nonetheless, each such shipping container shall be subject to the requirement of Subsection
D(4) and
(5)(e) and
E(6) that the shipping container shall be free from signs of deterioration, disassembly or disrepair, be subject to property maintenance standards and the area surrounding the same kept neat and clean.
(7) Variances. Any deviation from Subsection
B,
C or
D shall require variance approval from the Township Planning Board.
E. Permit requirement; application; fee.
(1) No permit is required for a short-term shipping container.
(2) The owner or tenant of, or the contractor working on, the subject
property must submit an application for a land use permit for each
non-short-term shipping container being placed on the property on
or after November 29, 2023. If the permit application is made by a
tenant or contractor, written permission of the owner of the subject
property for the placement of such shipping container on the subject
property must be provided to the Township before a permit is issued.
(3) The permit must be displayed on the outside of the container in such
a manner as to be plainly visible from the street.
(4) The permit fee is $75 per shipping container.
(5) With regard to permanent shipping containers, including shipping containers permitted per Subsection
C(4), an annual permit is required.
(6) Upon reasonable notice by the Township, the property owner, tenant
or permit holder of a shipping container shall permit the Township
to inspect the shipping container and its contents for compliance
with this section.
F. Notice; violations.
(1) Before any summons shall be issued for a violation of Subsection
B,
C,
D or
E of this section, the Township shall mail written notice to the property owner at the address identified in the tax assessment records of the Township, which notice shall set forth a description of the alleged violation and include a warning that a summons shall be issued unless proof of abatement is received by the Township within 30 days after the issuance of the warning. If the Township does not receive such proof within said thirty-day period, the Township shall issue a second notice permitting an additional 14 days from the date thereof to provide the Township with proof of abatement of the alleged violation; and, if the Township shall not have received such proof by that deadline, the Township shall, in its discretion, cause a summons to be issued.
(2) Any person violating this section (§
108-31) shall be subject, upon conviction, to the penalties provided in §
1-14.1 of the Code.
(3) In addition to §
108-31F(2), the Township has the right to remove any shipping container that is not in compliance with this section and to charge the costs thereof, including, but not limited to, any storage and disposal fees, as a lien against the property from which the shipping container was removed.
Within any district allowing townhouses, no
townhouse development shall take place unless the following minimum
standards are met and until the site plan has been reviewed by the
Planning Board.
A. In no event shall the townhouse development exceed
a density of five units per acre. The maximum density permitted shall
be determined based on the following density adjustment factors and
regulations:
[Amended 5-30-1978; 9-25-1984]
(1) Townhouses shall be located on a tract of at least
15 acres. The minimum lot width and depth shall be 300 feet. The minimum
setback shall be 50 feet from any lot line, except that the minimum
setback from any street line shall be 100 feet. The maximum tract
density permitted shall be determined by applying the following density
adjustment factors to the area of the tract of land sought to be developed
with townhouses as set forth below:
|
Townhouse Density Adjustment Factors
|
|
Constraint
|
Density Factor
Per Acre
|
Resultant Maximum Number of Units per
Acre
|
|
Slopes of 25% or greater
|
0.2
|
1
|
|
Slopes of 15% to 24%
|
0.4
|
2
|
|
Seasonal high water table at the surface
|
0.4
|
2
|
|
Floodplain and wetland
|
0
|
0
|
(2) The maximum allowable number of units shall be calculated
based on the sum of the total number of acres identified in each building
constraint category times the corresponding density adjustment factor.
Areas which do not display limitations or constraints shall be assigned
a constraints factor of 1.0 which would result in a maximum density
of five units per acre.
B. Each dwelling unit and combined complex of dwelling
units shall have a compatible architectural theme with variations
in design to provide attractiveness to the development, which shall
include consideration of landscaping techniques, building orientation
to the site and to other structures, topography, natural features
and individual dwelling unit design, such as varying unit widths,
staggering unit setbacks, changing rooflines and roof designs, altering
building heights and changing types of windows, shutters, doors, porches
and vertical or horizontal orientation of the facades, singularly
or in combination for each dwelling unit. Any overall structure of
attached townhouses shall provide that no more than two adjacent dwelling
units have the same setback.
[Amended 9-25-1984]
C. No townhouse dwelling unit shall be less than 16 feet
wide. Building coverage shall not exceed 20% of the tract area.
D. Each overall structure of attached townhouses shall
provide fire walls of concrete or cinder block material, which fire
walls shall be constructed as the side walls of all dwelling units,
in accordance with the BOCA Code.
[Amended 9-25-1984]
E. All dwelling units shall be connected to approved
and functioning water and sanitary sewer systems prior to the issuance
of a certificate of occupancy. Approval of the New Jersey State Department
of Environmental Protection of said public water and sanitary sewer
systems shall be required prior to site plan approval.
F. The total area devoted to parking shall not exceed
20% of the tract. All parking facilities shall be on the same site
as the building and located within 150 feet of the nearest entrance
of the building they are intended to serve. Parking spaces shall be
provided in areas designed specifically for parking, and there shall
be no parking along interior streets.
G. Parking shall be provided at the following rate: two
spaces for each townhouse with three or more bedrooms; 1 3/4
spaces for each townhouse with two bedrooms; and 1 1/2 spaces
for each townhouse with one bedroom.
H. Any development in excess of 12 townhouses shall include
improved recreation space at least equivalent to the building coverage.
Such recreation space shall be located and improved as shown on the
approved site plan and shall be at least 6,000 square feet in area,
at least 75 feet wide and shall have a grade of less than 5%. In the
event that a developer desires to dedicate or deed land to be owned,
controlled or maintained by a property owners' association or, in
the event that the developer imposes the responsibility of maintaining
private roads or utilities upon a property owners' association, the
developer shall form and incorporate said association. In that event,
the association shall be given necessary management powers and specifically
the power to create liens on individual units in order to ensure the
payment of the cost of maintenance and repair of the lands and improvements
under its control. The certificate of incorporation and bylaws shall
be reviewed and approved by the reviewing municipal body. The certificate
of incorporation shall be filed with the Secretary of State's office
as required by law.
[Amended 9-25-1984]
I. The following signs are permitted:
(1) Street number designations, postal boxes and on-site
traffic directional and parking signs are permitted and are not to
be considered in calculating the sign area.
(2) Each townhouse development may have one lighted or
unlighted, freestanding sign which shall not exceed 12 square feet
in area, which sign shall be limited to displaying the development's
name.
(3) Temporary real estate signs not over eight square
feet, advertising the sale or lease of a property or structure are
permitted with the following restriction: no more than one sign per
property; both sides of the sign may be exposed; and the sign shall
not be lighted.
J. No outside area or equipment shall be provided for
the hanging of laundry or the outside airing of laundry in any manner.
Sufficient area and equipment shall be made available within each
building for the laundering and artificial drying of laundry of occupants
of each building.
K. Provisions shall be made so that television antenna
equipment shall be built into the building, and there shall be no
exterior television equipment permitted.
L. Access to townhouse developments must be provided
from arterial or collector streets only as shown on the Hampton Township
Master Plan, and a plan for the dispersion of traffic from the site
must be included in the application for site plan approval. It shall
be the responsibility of the developer to prove that minimal adverse
effects will be generated on the existing Township street system or
to make appropriate improvements to provide for increases in traffic
generated from such a development.
M. A fire prevention system, including hydrants, is required,
which shall be approved by the reviewing municipal board.
[Added 9-25-1984]
Within any district allowing apartments, no
dwelling containing apartments shall take place unless the following
standards are met and until the site plan has been reviewed by the
Planning Board.
A. In any event, garden apartments shall not exceed a
density of six units per acre. The maximum density permitted shall
be determined based on the density adjustment facts set forth below.
[Amended 5-30-1978; 9-25-1984]
(1) The minimum tract size shall be 15 acres.
(2) The minimum lot width and depth shall be 300 feet.
(3) The minimum setback shall be 50 feet from any lot
line, except that the minimum setback from any street line shall be
100 feet.
(4) In no event shall the density be greater than six
units per acre. The actual maximum tract density permitted shall be
determined by applying the following density adjustment factors to
the area of the tract of land sought to be developed with garden apartments
as set forth below:
|
Apartment Density Adjustment Factors
|
---|
|
Constraint
|
Density Factor
Per Acre
|
Resultant Maximum Number of Units per
Acre
|
---|
|
Slopes of 25% or greater
|
0.17
|
1
|
|
Slopes of 15% to 24%
|
0.33
|
2
|
|
Seasonal high water table at the surface
|
0.33
|
2
|
|
Floodplain and wetland
|
0
|
0
|
(5) The maximum allowable number of units shall be calculated
based on the sum of the total number of acres identified in each building
constraint category times the corresponding density adjustment factor.
Areas which do not display limitations or constraints shall be assigned
a constraints factor of 1.0 which would result in a maximum density
of six units per acre.
B. Each dwelling unit and combined complex of dwelling
units shall have a compatible architectural theme with variations
in design to provide attractiveness to the development, which shall
include consideration of landscaping techniques, building orientation
to the site and to other structures, topography, natural features
and individual dwelling unit design such as varying unit width, staggering
unit setbacks, providing different exterior materials, changing rooflines
and roof designs, altering building heights and changing types of
windows, shutters, doors, porches, colors and vertical or horizontal
orientation of the facades, singularly or in combination for each
dwelling unit.
C. All dwelling units shall be connected to approved
and functioning water and sanitary sewer systems prior to the issuance
of a certificate of occupancy.
D. Parking shall be provided at the rate of two spaces
per apartment. All parking facilities shall be on the same site as
the building and shall be located within 150 feet of the nearest entrance
of the building they are intended to serve. Parking spaces shall be
provided in areas designed specifically for parking, and there shall
be no parking along interior streets. The total area devoted to parking
shall not exceed 20% of the tract, and the total aggregate area devoted
to both parking and interior streets shall not exceed 30% of the tract.
E. Additional requirements.
(1) Apartment buildings may consist of any configuration
that meets the prescribed area and yard requirements and does not
exceed the following overall or component building lengths. Building
coverage shall not exceed 20% of the tract area:
(a)
Two hundred feet on one plane.
(b)
Three hundred forty feet on any angle.
(c)
Five hundred feet along the center line.
(2) Buildings measured along the center line shall provide
one opening at ground level at least every 250 feet. This opening
shall be a minimum of 15 feet in clear width and height and shall
be at an elevation enabling emergency vehicle access through the opening.
F. No portion of any basement shall be used for living
area.
G. Each dwelling unit shall have two separate means of
egress to the ground, except that any window sill which is 12 feet
or less above the ground level below it shall be considered a separate
means of egress.
H. In addition to any storage area contained inside individual
dwelling units, there shall be provided for each dwelling unit 200
cubic feet of storage area in a convenient, centrally located area
in the basement or ground floor of the dwelling structure where personal
belongings and effects may be stored without constituting a fire hazard
and where said belongings and effects may be kept locked and separated
from the belongings of other occupants. There shall be a further minimum
common storage area in each building of 50 cubic feet per dwelling
unit located convenient to the outside ground level for bicycles,
perambulators and similar types of equipment.
I. A fire prevention system, including hydrants, is required,
which shall be approved by the reviewing municipal board.
[Added 9-25-1984]
J. The provisions of §
108-34H with regard to property owners' associations is applicable to apartment developments under this section.
[Added 9-25-1984]
[Added 9-8-1998 by Ord. No. 98-5]
Land adjacent to state highways shall be developed in conformity with the State Highway Access Management Code adopted by the Commissioner of Transportation, N.J.A.C. 16:47-1 et seq.; lands adjacent to county roads shall be developed in accordance with the County Access Management Code adopted pursuant to N.J.S.A. 27:16-1; and land abutting Township roads shall comply with the requirements relating to access contained in Chapter
88 of the Hampton Township Code, including, without limitation, §
88-14.