Principal permitted uses in the LICU Light Industrial/Conditional
Use District are as set forth in the Schedule of Use, Area and Bulk
Regulations included at the end of this chapter.
Conditional uses in the LICU Light Industrial/Conditional
Use District are as set forth in the Schedule of Use, Area and Bulk
Regulations included at the end of this chapter.
In reviewing a conditional use application,
the Planning Board shall be guided and shall apply the criteria provided
by this article, by the Municipal Land Use Law of the State of New
Jersey (N.J.S.A. 40:55D-1 et seq.) and by such other ordinances of
the Township as are applicable, and the Planning Board in its review
of a conditional use application shall make findings of fact and conclusions
which shall include appropriate determination as to whether the application,
if granted, will assure functional and physical compatibility with
the neighborhood and an appropriate integration into the neighborhood.
An application for a conditional use shall be in accordance with the requirements of this article, and the applicant shall simultaneously file with the Planning Board a site plan application pursuant to Article XXIII, Site Plan Approval.
For the purpose of this article, an adaptive
reuse project is one in which more than 50% of the units to be built
on the site are contained within the structure(s) to be rehabilitated.
A.
Front yards. The front yard shall be defined as that
portion of the property, which has the greatest length abutting a
public street. No accessory structure or parking area shall be located
in the front yard of the lot. In an adaptive reuse project, the front
yard shall be that portion of the property which faces the waterway,
and no setback(s) shall be required for an adaptive reuse structure(s).
However, in the event penthouse structures are added to existing buildings
and the existing buildings are at least 65 feet in depth from exterior
wall to exterior wall, each penthouse level shall have a front yard
setback of at least three feet for each level. In the event an adaptive
reuse building is less than 65 feet in depth, there shall be one minimum
three-foot setback at the first penthouse level.
B.
Rear yards. The rear yards shall be defined as that
portion of the property opposite the longest dimension abutting a
public street. In an adaptive reuse project, the rear yard shall be
that portion of the property which is furthest away from the waterway,
and no rear yard setback(s) shall be required for an adaptive reuse
structure(s). However, in the event penthouse structures are added
to existing buildings and the existing buildings are at least 65 feet
in depth from exterior wall to exterior wall, each penthouse level
shall have a rear yard setback of at least three feet for each level.
In the event an adaptive reuse building is less than 65 feet in depth,
there shall be one minimum three-foot setback at the first penthouse
level.
C.
Side yards. No newly constructed residential structures
shall be nearer to a side yard property line than 150 feet; however,
in an adaptive reuse project, both residential and garage structures
may abut the property line. Penthouses built on existing buildings
shall have no side yard setback. New garage structures constructed
in the side yard may come no closer to the side yard than existing
foundations.
D.
Interior drives. No structure(s) shall be closer to
an interior drive than 18 feet.
A.
The minimum distance between residential structures facing each other shall be no less than three times the height of such structure. In the event the project is an adaptive reuse project, then the minimum distance between structures shall be 10% of the height of the existing structures, including any additional stories built in accordance with § 280-110.
B.
The minimum distance between residential structures located end to end shall be no less than 1 1/2 times the height of such structures. In the event the project is an adaptive reuse project, the minimum distance between structures located end to end shall be 10% of the height of the existing structures, including any additions made, or new residential structures built, in accordance with § 280-110 of this article.
A.
In new structures, no more than 16 dwelling units
shall be contained in any one new continuous structure, and there
shall be not more than 12 dwelling units in any unbroken building
line. A setback of not less than six feet shall be deemed a satisfactory
break in the building line. Where topography permits, a break in the
roofline in lieu of or in addition to the above-mentioned setback
shall be permitted as required by the Planning Board in reviewing
the site plan.
B.
Subsection A above shall not apply to an adaptive reuse project. In the event the adaptive reuse project contains a new residential structure(s), the new residential structure(s) shall be consistent in height, length and bulk with the existing structures that are being adapted to residential use.
At least 200 square feet per dwelling unit shall
be devoted to recreation areas, not including parking and access drive
areas. The areas set aside for recreation purposes shall provide for
common open spaces and facilities suitable to serve the residents
of the multiple-family development. They may include playgrounds,
areas containing facilities for active recreation, sitting areas and
swimming pools. No such recreation areas shall be located in any front
yard; provided, however, that if the project is located on a waterfront,
recreation areas may be located in the front yard.
A.
Access drives shall have a minimum right-of-way width
of 36 feet and shall be paved to a width of 24 feet; provided, however,
that in an adaptive reuse project where the facade(s) of existing
structure(s) is within 150 feet of the property line, the right-of-way
shall be curbed and the paving shall be constructed in such a manner
to minimize hazard to pedestrians, promote vehicle safety and permit
access by fire and other emergency vehicles, and in no event shall
be less than 18 feet wide.
B.
Interior roads are defined as those roads, which service
the project beyond the limit line of the access drive(s). Interior
roads shall have a right-of-way width of 35 feet and shall be paved
to a width of 24 feet; provided, however, that in an adaptive reuse
project where the facade(s) of existing structure(s) is within 150
feet of the property line, the minimum right-of-way requirement shall
be 18 feet and curbed.
C.
Sidewalks of a minimum width of four feet shall be
constructed along all interior roads, access drives and to and from
parking areas and structures; a two-foot grass area shall be provided
between the sidewalk and interior roads and sidewalks and access drives;
provided, however, that in an adaptive reuse project where the facade(s)
of the existing structure(s) is within 150 feet of the property line,
the minimum sidewalk and grass area requirements shall not apply.
The following building limitations and requirements
shall be required of all conditional use multiple-dwelling developments:
A.
There shall be no dwelling units in the basement or above the second story of any multiple-dwelling structure; provided, however, that if the project is an adaptive reuse project, additional stories may be constructed in accordance with § 280-110. For the purpose of this section, a basement unit is defined as a unit which has all four sides below grade. Garages may not be converted into residential dwelling units utilizing the definition contained in this article.
B.
No more than 65% of the total number of dwelling units
shall be two-bedroom units. No less than 30% of the dwelling units
shall be one-bedroom units. No less than 5% of the total number of
dwelling units shall be studio apartment units. No dwelling units
shall have more than two bedrooms.
A.
The development shall provide spaces as required in
RSIS Table 4.4 in enclosed garages or paved parking areas per each
dwelling unit. All parking areas shall be constructed in accordance
with the Township road specifications in existence on the date of
site plan approval. Parking spaces shall be nine feet by 18 feet per
RSIS and shall be clearly marked. Aisle widths shall be 22 feet. All
parking areas shall be adequately drained, lighted and curbed. No
parking shall be permitted in any front yard or front court.
B.
In an adaptive reuse project where the permitted density
is 24.67 dwelling units per acre, the development shall provide two
spaces in enclosed garages or paved parking areas per each dwelling
unit. All parking areas shall be constructed in accordance with the
Township road specifications in existence on the date of site plan
approval. Parking spaces shall be nine feet by 18 feet and shall be
clearly marked. Aisle widths shall be at least 22 feet. All parking
areas shall be adequately drained, lighted and curbed. No parking
shall be permitted in any front yard or front court.
A.
Every garage structure(s) shall have a floor area
of no less than 240 square feet, and such garage may be built into
the apartment structure or separately constructed as hereinafter provided.
B.
No garage or other accessory building shall be placed
nearer to a side or rear property line than 10 feet, except that in
the case where apartment developments adjoin each other, garages may
be built back-to-back along the common property line. In an adaptive
reuse project where the facade(s) of an existing structure(s) is within
150 feet of the property line, garages for the adaptive reuse units
and new units may be built on the property line. New garage structures
built on or adjacent to existing foundation walls which are located
on a property line shall be set back 50 feet from the adjacent property
line where both property lines abut a major traffic intersection.
C.
Each group of attached garages shall have a joint capacity of not more than 10 automobiles arranged in a row, except that in the case where garage buildings are built back-to-back as permitted in Subsection B above, 20 automobiles may be housed therein. There shall be a minimum distance of 10 feet between garage structures. Where a garage is permitted to be constructed in accordance with § 280-117B, the garage may have a capacity necessary to support the entire project-parking requirement. Where a garage is constructed in accordance with § 280-117, there shall be no minimum space required between garages or limit as to garage capacity in any single garage unit, so long as the Fire Department approves such garage as to fire safety.
D.
Garages and other accessory buildings shall be no
more than one story high. The architectural design and the materials
used shall conform to the design and building materials used in the
construction of the multiple-family structures; provided, however,
that in the event the project is an adaptive reuse project, the height
of such garages shall not exceed 24 feet, and the construction of
the garages shall be compatible with the materials used in the existing
structure(s) that are adapted and any new construction that is part
of the project. No part of any garage or other accessory building
shall be used for living purposes.
A.
The site plan shall provide appropriately detailed
information regarding water, drainage, electric power and sewerage
facilities. The applicant shall provide letters of assurance of service
from the appropriate water company. He shall also provide an engineering
analysis of the sewage collection capacity of existing lines, including
an identification of hydraulic reserve capacity and a projection of
sewerage flow generated by the proposed conditional use multiple-family
development.
B.
The applicant shall further provide engineering plans
showing on-site transmission lines and proposed points of connection
to off-site facilities.
C.
The applicant shall also provide traffic studies showing
the existing traffic as well as traffic impacts resulting from the
project.
D.
All utilities shall be underground. Water sources
and distribution systems shall be approved by the appropriate Township
authorities as to the adequacy, quality and sufficiency for fire-fighting
purposes. The builder shall install, at his expense, fire alarm boxes
as required. The placement and number of fire hydrants shall be subject
to the approval of the appropriate Township authorities. No certificate
of occupancy shall be issued for any multiple dwelling unless and
until the Township Engineer certifies that as-built drawings, certified
by a licensed professional engineer, showing the precise location
of all underground utilities, manhole, valves, tap-ins and appurtenances
thereto, have been filed in his office. After certification by the
Township Engineer, the as-built drawings shall be permanently filed
with the office of the Secretary of the Planning Board.
Appliances, such as washing machines, shall
be located entirely within a principal structure for the convenience
of tenants only. No outside sign indicating their presence shall be
permitted. Sufficient area and equipment shall be made available within
each building or dwelling unit for the laundering and drying of laundry.
No window air-conditioning units are permitted. Air conditioning shall
be by a central unit or sleeve-type, built-in wall units.
The building shall be serviced by cable television,
and each unit shall have cable television connections available. There
shall be no master television antenna or individual exterior UHF-VHF
television or radio antennas permitted; however, nothing in this article
may be deemed to prohibit the use of individual satellite television
antennas not exceeding 18 inches in diameter from being installed
pursuant to federal regulations.
A multiple-family development shall have one
enclosed garbage collection area sufficient in capacity for each 165
units. The garbage and trash shall be stored in the collection area(s)
in a safe and sanitary condition in accordance with the Township health
standards. The multiple-family development shall be responsible for
placing garbage and trash in a common collection area at least twice
a week.
In addition to the foregoing requirements, the
Planning Board shall review the application and exhibits for compliance
with the following standards:
A.
The requirements of Article XXIII, Site Plan Approval, as established by ordinance of the Township.
B.
Laundry, drying and other utility areas shall be located
with a view to both convenience and to minimizing the detrimental
effect on the aesthetic character of the development.
D.
No refuse of any nature shall be burned on the premises.
E.
The Planning Board may attach such other conditions
to its approval as may reasonably be required for the protection or
advancement of the public health, safety and morals of the Township.
Landscaping plans shall be provided and be subject
to review by the Shade Tree Commission, which Commission shall take
into consideration the recommendations of the Planning Board with
respect to the provisions of shade trees[1] along the interior development and pedestrian walks; the
grading, seeding and planting of flowers and shrubs in the open spaces
adjacent to and between buildings, border strips along the roadways,
driveways and walks, treatment of garbage and parking areas and approaches
to structures and entrance areas.
An environmental impact statement shall be prepared
for Planning Board review. The environmental impact statement shall
contain the following elements:
B.
Inventory of existing environmental conditions of
site and surrounding areas describing:
(1)
Air quality in accordance with DEP/EPA standards
and criteria.
(2)
Water quality in accordance with DEP/EPA standards
and criteria.
(3)
Water supply.
(4)
Subsurface geology.
(5)
Soils (description to conform with Soil Conservation
Service).
(6)
Vegetation (including deciduous trees of three
inches or more, coniferous trees of four inches or more, desirable
shrubs and ground cover).
(7)
Wildlife.
(8)
Historical: qualities of site and existing improvements,
including research on past development and analysis of extent to which
site would quality for historical designation.
C.
Any probable adverse or beneficial environmental effects,
including, but not limited to:
(1)
Water quality.
(2)
Air quality, including baseline-monitoring data
performed by applicant and analysis for conformance to state and federal
standards.
(3)
Noise levels.
(4)
Excessive or undesirable illumination of surrounding
areas.
(5)
Land use, on-site and surrounding area impacts.
(6)
Damage/Destruction of significant plant and
wildlife systems.
(7)
Baseline identification and documentation of
aesthetic characteristics of site and extent to which said elements
will be preserved and/or enhanced by the project.
(8)
Destruction and/or enhancement of natural resources.
(9)
Displacement of people or businesses.
(10)
Effects on employment, property tax and municipal
services.
(11)
Other effects on man-made resources, recreational
areas.
(12)
Effect on community and regional growth patterns.
(13)
Identification and documented analysis of adjacent
waterways and/or wetlands and potential impact of project on said
elements.
(14)
Traffic impact study showing existing roadway,
volumes and capacities, major intersection volumes and turning movements,
traffic light phasing analyses, effects on air quality and effects
of additional traffic volumes generated by the proposed development
of the above elements. This study shall also contain a study and description
of contiguous roadway conditions, including pavement, curbing, sidewalks,
and street landscaping. As necessary, proposals for off-site improvements
to deficient elements shall be provided.
(15)
Soil erosion.
(16)
A detailed socioeconomic cost-benefit analysis
of the project.
D.
Steps, timetable before, during and after construction at project site and surrounding area to minimize adverse environmental effects as described in Subsection C.
E.
Alternatives to proposed project, including:
(1)
No build.
(2)
Other alternatives.
(3)
Analysis of costs of social impact of the alternative.
(4)
Population distribution and concentration with
possible population pattern changes, including land use, water and
public services.
(5)
List of all licenses, permits, other approvals
and status of each.
(6)
List of pertinent published information used
in preparation of environmental impact statement.
Any applicant proposing to construct a conditional
use multiple-family development shall submit for the record a full
resume presenting the firm's background and experience in the construction
field, a list of participating partners and a list of qualified professional
team members designated to perform the planning, engineering and architectural
functions necessary to prepare an application in full conformance
with the requirements of this article.
In the event that the applicant proposes a condominium
or cooperative, there shall be submitted a full description of common
elements and proposed method of continuing maintenance of said elements
as well as the proposed master deed, registration application and
public offering statement.
The Planning Board shall cause the application
to be reviewed by its planner, engineer and other experts as required.
The following structural provisions shall be
required of all multiple-dwelling developments:
A.
The exterior finish of each building shall be constructed
of brick or stone veneer, but this requirement may be relaxed by the
Planning Board where aesthetics or other purpose make such relaxation
desirable.
B.
The roof shall be a hip or gable roof having a minimum
pitch of three feet in 12 feet or of such other construction as may
be approved by the Planning Board.
C.
All exterior walls shall be insulated except in the
case of adaptive reuse buildings.
D.
The space between floors shall be insulated with an
insulating material approved by the Construction Official. In the
event the project is an adaptive reuse project and where the structure(s)
being adapted will retain the natural flooring in place, there shall
be no requirement of insulation between floors.
E.
Floors shall be double flooring with a minimum thickness
of 1 1/2 inches in accordance with standards approved by the
Construction Official. Where the project is an adaptive reuse project
and the structure(s) being renovated uses the existing flooring which
is 1 1/2 inches thick, there shall be no requirement of double
flooring.
F.
All structural items shall also comply with the provisions
of all applicable construction codes.
A.
No dwelling structure shall be constructed without
a central heating system or systems sufficient to permit each dwelling
unit to be maintained at a temperature of 72° F. when the outside
temperature is between 72° F. and 0° F.; and the temperature
for each dwelling unit shall be regulated by a control or controls
located therein.
B.
Central or individual air-conditioning units shall
be provided so as to permit each dwelling unit to maintain a temperature
of 72° F. when the outside temperature is between 72° F. and
90° F.; and where central systems are employed, the temperature
for each dwelling unit shall be regulated by a control or controls
located therein.
In addition to the foregoing, the Planning Board
shall assure satisfactory and harmonious relations between the multiple
dwelling development and the existing and prospective development
of contiguous lands and adjacent neighborhoods. The Planning Board
shall review the design and type of construction of the proposed building
in relation to its district and immediate neighborhood; where it shall
be deemed that the design or construction is dissimilar to adjacent
or neighborhood buildings so as to be incongruous with the character
of surrounding development or seriously detrimental to other properties,
or to involve exceptional risks of public health or safety, site plan
approval should be denied.
Signs shall be permitted as follows:
A.
Temporary signs pertaining to the sale of the multiple-dwelling
units may be permitted with the approval of the Planning Board as
to size, appearance and location, provided that such sign or signs
are nonflashing and illuminated by ground lights only. Temporary signs
shall be removed within 60 days of sale of 80% of the units.
B.
A permanent sign or signs shall be permitted at the
entrance or entrances to multiple-family dwelling development subject
to the approval of the Planning Board. Such signs shall be nonflashing
and illuminated by a ground source and shall contain only the name
of the development. Proper considerations shall be given to the size,
location, quality, durability, ground lighting and overall appearance
of the sign or signs.
All improvements shall require such performance
and maintenance bonds as are required by the Planning Board in accordance
with the applicable ordinances and statutes.
[Amended 12-22-2008 by Ord. No. 1060]
The applicant shall pay all fees as provided by ordinance, and the fee for the conditional use application shall be as set forth in Chapter 71, Fees.
