Township of Andover, NJ
Sussex County
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Table of Contents
Table of Contents
The use and bulk requirements for each zone are as set forth in Tables 1 through 5, located at the end of this chapter.
[Amended 9-14-2005 by Ord. No. 2005-19]
A. 
A. On any tract of 25 acres or more in size in the R-3, R-2.5, and R-2 Zones, lot averaging development as defined in Article II is permitted. The minimum lot size may be reduced as indicated in Table 5 (located at the end of this chapter). The number of lot-averaged lots shall not exceed the number of lots obtainable using conventional zoning in conformance with subdivision requirements, land use ordinances, and NJDEP restrictions.
B. 
Preservation areas. Any development using the lot averaging option shall permanently deed restrict environmentally sensitive areas, including wetlands, floodplains and steep slopes. Building envelopes shall be located so as to protect environmentally sensitive areas.
C. 
All lots created using the lot averaging development option shall be deed restricted to preclude future subdivision of the lot.
D. 
All developments using the lot averaging development provision shall be required to demonstrate to the satisfaction of the reviewing board that the total number of lots and residential units proposed could be approved in a conventional subdivision of the property without utilizing the lot averaging development provisions. A qualifying map shall be presented to the reviewing board for review and approval prior to any approval of a lot size averaging subdivision plan.
E. 
The conserved land or any portion of thereof may be dedicated to the Township if the Township of Andover accepts the dedication.
A. 
The private housing of equine animals is a permitted accessory use in the R-1, R-2, R-2.5 and R-3 Zones as indicated in Table 1 at the end of this chapter, provided the lot is large enough to provide one acre for the house and two acres for the first horse, with one additional acre for each additional horse. Private housing of equine animals is prohibited in all R-0.5 Zones.
[Amended 5-11-2009 by Ord. No. 2009-15]
B. 
Structures. Housing of equine animals must be provided in permanent, anchored barns for all horses on the property at which the horses are kept beyond two days and two nights. Each horse must be provided with a box stall or straight stall. Horses shall not be housed in horse travel trailers. Barns shall be further regulated according to the following:
(1) 
Each box stall should be at least 100 square feet.
(2) 
Each straight stall should be at least five feet by eight feet.
(3) 
The minimum floor area of a barn should be 125 square feet.
(4) 
Enclosed roofed storage must be provided for hay, straw, feed and tack.
(5) 
Rodent-proof feed containers must be provided and used.
(6) 
Barns must be located in the rear yard.
(7) 
Barns must be located no closer than 75 feet to the sides or back property line boundaries.
C. 
Disposition of manure.
(1) 
Manure may not be kept in any area of the fifty-year floodplain or within 50 feet of any brooks or watercourses.
(2) 
The manure disposal area must be in a low-profile position, cause no nuisance, and be at least 50 feet from a property line and no closer than 200 feet to any other existing residential purpose permanent building or structure, attached garage, swimming pool, tennis court or patio located on adjoining premises.
(3) 
The manure must be collected from the barn area and maintained or disposed of in a sanitary manner. If stored, a covered enclosure or covered pit should be provided to prevent offensive odors, fly breeding and other nuisances.
D. 
Horse vans and trailers. Vehicles intended for the transportation of recreational horses, such as vans and trailers, may be stored on the premises provided they do not violate the provisions of any other ordinance of Andover Township.
E. 
Lessons and boarding. Giving riding lessons or instructions, leasing of horses or other similar activities or boarding or housing other people's horse or horses is not allowed under private housing of equine animals. This is not to preclude having a riding instructor come to the private residence to give lessons to the members of that household.
F. 
Site plan. No site plan shall be required for the private housing of the land occupant's own horses, but a sketch plat shall be submitted to the Building Inspector showing the location of brooks and other watercourses, barn, fenced-in area, manure storage area and distances from the same to the adjacent property lines.
A. 
Minimum lot area: five acres.
B. 
Maximum density: a minimum of 3,630 square feet of land for each bed.
C. 
Spacing between buildings. The term “parallel” as used in this subsection shall include the meaning "approximately or approaching parallel position." The following minimum distances shall be maintained:
(1) 
Between all main buildings and detached accessory buildings: 50 feet.
(2) 
Between end of buildings where walls are parallel to each other with driveways between the buildings: 60 feet.
(3) 
Between end of buildings where walls are parallel to each other: 30 feet.
(4) 
From the front facade of a structure to the facing front facade of an opposite structure where walls are parallel: 100 feet.
(5) 
When a structure fronts on an interior roadway, the structure shall be set back a minimum of 50 feet from the right-of-way line.
(6) 
From the rear facade of a structure to the rear facade of an opposite structure, where walls are parallel: 70 feet.
(7) 
From the front facade of a building to the side wall of an adjoining building where walls are parallel but do not overlap: 20 feet with no intervening driveway.
(8) 
The front facade of a building shall not overlap the side wall of an opposite building by more than eight feet, unless such buildings are joined together. In no case shall windows in any wall be obstructed by any abutting walls.
(9) 
No building shall be erected closer than 75 feet to a public street or right-of-way.
(10) 
No structure shall be closer to a property line than 50 feet.
D. 
Buffers. Where adjoining one-family residential lots exist, or where the adjoining property is zoned for residential use, a buffer strip shall be maintained at the property line within the required setback area. This buffer strip shall be left in its natural state or planted to establish a visual screen, in accordance with the recommendations from the Board.
E. 
Driveways and parking.
(1) 
Internal access roads, or driveways, shall be paved 14 feet wide for a one-way roadway and 26 feet wide for a two-way roadway. Parking is prohibited in all access roads and driveways.
(2) 
There shall be a minimum of two means of access to the site from a public street or streets, one of which shall be in the Township, or, in the alternative, the interior roadway shall form a loop connecting to a single access to a public street in the Township. This access road shall be paved to a width of 26 feet at the entrance, with a reservation of a right-of-way 40 feet in width.
(3) 
Concrete sidewalks five feet wide shall be required from each building entrance to the parking areas and shall connect with such sidewalks from other buildings as required by the Board. Concrete or Belgium block curbs shall separate all grass and paved areas, and concrete or asphalt sidewalks and curbing shall be erected along all public street frontages, where required by the Board.
(4) 
All parking areas shall be paved in accordance with the standards contained in Chapter 131, Site Plan Review, § 131-37I.
(5) 
All street and driveway construction shall comply with the standards contained in Chapter 131, Site Plan Review, § 131-40.
F. 
No laundries are permitted on site. [Note: The reason is that the area depends on the groundwater for its potable water supply. Laundries can result in diminution in the quality and quantity of this groundwater.]
[Amended 6-13-2011 by Ord. No. 2011-06]
A. 
Purpose. It is the intent of the ML Zone regulations to provide a realistic opportunity for the construction of a variety of housing types and income levels in the Township, particularly low- and moderate-income housing by providing specific land use regulations addressing those needs. These regulations are designed to implement the affordable housing strategies set forth in the Andover Township Housing Element and Fair Share Plan, dated December 16, 2008, which is a component of the Township's Master Plan and which has received substantive certification from the Council On Affordable Housing (COAH) on October 26, 2009. Any provisions of this chapter or any other ordinance in conflict with the ML zoning regulations and which impose higher standards not related to health and safety shall be inapplicable.
B. 
Commercial uses.
[Amended 3-9-2015 by Ord. No. 2015-04]
(1) 
Any commercial use permitted in the HC Zone shall be permitted in the ML Zone under the same bulk requirements as permitted in the HC Zone.
(2) 
Nothing in this section shall preclude a standalone commercial use within the ML Zone as long as such use complies with the bulk requirements of the HC Zone and does not occupy more than the minimum tract size noted below in Subsection C(1).
(3) 
An applicant may construct a mixed-use development consisting of commercial uses and low- and moderate-income housing provided that a limit of 6,600 square feet of commercial space per acre for the part of the site used for commercial purposes shall apply.
(4) 
Commercial uses in the ML Zone shall be located within 500 feet of Route 206.
(5) 
Any mixed-use development in the ML Zone pursuant to Subsection B(3) above shall conform to the requirements set forth in Article XIII, Affordable Housing.
C. 
Bulk regulations.
(1) 
Minimum tract size: 20 acres.
(2) 
Maximum density: six units per gross acre.
(3) 
The following regulations with respect to the location of the improvements shall apply:
(a) 
No improvements shall be constructed in wetlands, floodplains, or in areas where the slope exceeds 25%.
(b) 
The construction of improvements in areas having slopes between 15% and 24% is discouraged and shall be avoided to the greatest extent possible.
(4) 
Minimum tract setback.
(a) 
All development shall maintain a twenty-five-foot minimum buffer to all exterior property lines.
(b) 
A minimum buffer of 100 feet shall be maintained from arterial roads for all new residential buildings.
(c) 
Said buffer shall be bermed or landscaped and remain unoccupied except for entrance roads or utilities.
(5) 
Area, bulk and yard requirements.
Requirement
Single-Family
Multifamily
Minimum lot area (square feet)
15,000
NA
Minimum lot width (feet)
100
NA
Minimum front yard (feet)
30
NA
Minimum side yard (feet)
20
NA
Minimum rear yard (feet)
35
NA
Maximum building coverage (percent)
25
NA
Maximum height (feet)
35
35
Maximum number of units per new residential building(s)
NA
12
Maximum number of units per existing residential building(s)
NA
24
(6) 
Distance between buildings. The Board may reduce the following distances by not more than 1/3 if there is an angle of 20º or more between buildings and if extensive landscaping or buffers are placed between buildings. The minimum distance between buildings shall be as follows:
(a) 
Windowless wall to windowless wall: 30 feet.
(b) 
Window wall to windowless wall: 40 feet.
(c) 
Window wall to window wall:
[1] 
Front to front: 85 feet.
[2] 
Rear to rear: 60 feet.
[3] 
End to end: 40 feet.
(d) 
Any building face to local street curb: 25 feet.
(e) 
Any building face to collector street curb: 40 feet.
(f) 
Any building face to arterial street curb: 50 feet.
(g) 
Any building face to common parking area: 12 feet.
D. 
Other regulations.
(1) 
Location of units. Low- and moderate-income housing units shall be integrated throughout the development. The units shall be at least equally accessible to common open space and community facilities.
(2) 
Minimum off-street parking requirements. Each dwelling unit shall provide off-street parking in the following manner:
(a) 
Off-street parking shall be provided as required by the Residential Site Improvement Standards (RSIS).
(b) 
All common off-street parking shall be located within 300 feet of the dwelling unit served.
(c) 
Parking shall not be permitted within the required buffer areas.
(3) 
Minimum floor area for dwelling units. Minimum floor area for dwelling units is as follows:
(a) 
One bedroom: 550 square feet.
(b) 
Two bedrooms: 660 square feet.
(c) 
Three bedrooms: 850 square feet.
(4) 
Low- and moderate-income housing requirements.
(a) 
All development in the ML Zone shall be required to provide dwelling units to be affordable to low- and moderate-income households as defined by N.J.A.C. 5:97 as may be amended and supplemented.
(5) 
Waiver of fees.
(a) 
Notwithstanding any ordinance requirement of the Township of Andover, the applicable approving agency may waive the following fees for every unit designated as lower-income housing:
[1] 
Subdivision and site plan application fees.
[2] 
Building permit fees, except state and third party fees.
[3] 
Certificate of occupancy fees.
[4] 
Sewer connection and application fees.
[5] 
Engineering fees applicable to lower-income housing.
(b) 
The Township may endorse and support any application for waiver of water connection and application fees.
(6) 
Common open space requirements.
(a) 
A minimum of 40% of the land area of any development, other than single- or two-family housing, and which may include environmentally restricted land, shall be designated for conservation, open space, recreation and/or other common open space.
(b) 
All property owners and tenants shall have the right to use the common open space.
(c) 
Common open space may be deeded to the Township, if accepted by the governing body, or to an open space organization or trust, or to a private nonprofit organization charged with the provision of recreation activities for the residents of the development.
(d) 
All common open space deeded to an open space organization, trust or private organization shall be owned and maintained as provided for in N.J.S.A. 40:55D-43.
(e) 
Utilities. All projects within the ML Zone shall be served by a central sewer system and a central water system.
A. 
Definition. For purposes of this chapter, "planned commercial development" shall mean a tract of land at least 25 acres in area within the Planned Commercial Development District, developed according to a plan as a single entity, whether owned by one or more parties, and containing one or more buildings with appurtenant common areas.
B. 
Hotels and motels are permitted as part of a planned commercial development, as follows:
(1) 
Such facility must have a minimum of 50 units.
(2) 
The following accessory uses are permitted in conjunction with a hotel or motel:
(a) 
Convention and conference facilities;
(b) 
Restaurants, kitchens, and cafeterias;
(c) 
Bars and nightclubs;
(d) 
Gift shops, newspaper stands and cigar stores;
(e) 
Barbershops and beauty parlors; and
(f) 
Swimming pools, saunas, gymnasiums and health clubs.
C. 
The property may be developed for business purposes in accordance with the requirements of the HC Zone.
D. 
Retail and service activities, banks and financial institutions and/or restaurants shall comprise not less than 10% of the total gross floor area within any planned commercial development, excluding hotel and/or motel floor areas.
E. 
Any use that remains open in a building after normal shopping hours, such as restaurants, theaters and the like, shall be so located that direct access to the parking area is available from said uses and the balance of the building can be secured.
F. 
The following uses are specifically prohibited within the zone district:
(1) 
Any type of industrial operation or use, such as manufacturing, fabrication, assembly, disassembly, extraction or alterations of materials.
(2) 
Any amusement park or amusement center, such as penny arcades or rides or games conducted outdoors or elector, mechanical or video game centers.
(3) 
Establishments commonly called and known as snack bars, dairy bars or fast service food establishments and similar businesses engaged in the sale of food, soft drinks, ice cream, and other similar goods or confections which are so prepared and served as to be intended for immediate consumption from which customers are served while seated or standing outside the confines of the building in which the business is conducted. This shall not be construed to prohibit the fast service food establishments where food is served within the confines of the building for takeout and consumption off the subject site. This also shall not be construed to prohibit fast-food establishments where food is served through a takeout window in the exterior wall of the building which is accessed by a drive-through aisle where the takeout food is intended for consumption off of the subject site.
(4) 
Self-service or commercial laundries which conduct cleaning or laundering on the premises.
(5) 
Massage parlors or stores with individual movie-viewing facilities.
(6) 
Automobile sales or rentals.
(7) 
Flea markets.
(8) 
Kiosk businesses.
(9) 
Sidewalks sales.
(10) 
Freestanding nightclubs.
(11) 
Freestanding bars and taverns.
G. 
Findings for planned commercial development. Prior to approval of the planned commercial development, the Planning Board shall find the following facts and conclusions pursuant to N.J.S.A. 40:55D-45:
(1) 
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning ordinance standards pursuant to Subsection 52c of the Municipal Land Use Act (N.J.S.A. 40:55D-65c).
(2) 
That the proposals for maintenance and conservation of the landscaped areas and open space are reasonable and the amount, location and purpose of the landscaped areas and open space are adequate.
(3) 
That provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate.
(4) 
That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
(5) 
In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
(6) 
That the water supply for the proposed development is adequate. Adequate fire flows are required according to ISO standards. A central water system is required.
(7) 
That provision for sewage treatment is adequate to serve the proposed development and to protect the environment. A central sewage treatment plant serving the development is required.
H. 
Development standards. The planned commercial development shall comply with the following standards:
(1) 
A planned commercial development may contain more than one principal building which has architecturally unified establishments. Moreover, any principal building may contain more than one permitted use, provided that the total floor area ratio and lot coverage of the combined uses do not exceed the maximum specified herein.
(2) 
Maximum floor area ratio: .30.
(3) 
Maximum impervious lot coverage: 65%, plus an additional 5% for amenity areas, plazas, and similar design features approved by the Board.
(4) 
Minimum floor area: the gross floor area of at least one building within the development shall be at least 100,000 square feet.
(5) 
Maximum building height: two stories and 40 feet.
(6) 
Building setbacks. No part of any building or structure shall be closer than the following:
(a) 
From any zone boundary line: 75 feet.
(b) 
From any public thoroughfare: 75 feet.
(c) 
From any other internal road: 10 feet.
(d) 
From any other building: 30 feet.
(e) 
From any property line: 30 feet.
(7) 
A planned commercial development shall have a minimum of 500 feet of road frontage on a state highway in Andover Township or an adjacent municipality.
I. 
Street improvements and traffic circulation.
(1) 
It shall be the developer's responsibility to improve along the entire frontage of any state highway on which the subject property has frontage.
(2) 
All entrances and exits to the site shall be at locations approved by the Board to ensure maximum traffic and pedestrian safety.
(3) 
Direct ingress to or egress from the site shall be from a state highway. Direct access shall be prohibited within 200 feet of any existing street intersection.
(4) 
Marginal roads or access lanes shall be provided to serve the required parking areas approved by the Board. Such roads or lanes shall be curbed and shall have a width between curbs of not less than 30 feet.
(5) 
One-way roads or lanes properly designated as such may have a width of not less than 20 feet.
(6) 
No direct access to any off-street parking space or stall shall be permitted from roads or lanes.
(7) 
Parking shall only be permitted in designated parking spaces. There shall be no vehicle parking on the sides or shoulders of the roads or access lanes.
(8) 
An adequate pedestrian circulation system (walkways) will be established separate from roads and parking lots. Ample signs and painted lines on pavement will be used as needed to ensure safe crossing of roadways and aisles.
(9) 
Any new street as may be proposed by the applicant and/or required by the Board shall be designed to provide access to properties in addition to the planned commercial development where possible and appropriate, as determined by the Board. Any land area within the tract containing a new street dedicated to Andover Township shall nevertheless be considered part of the tract's acreage for floor area calculation purposes.
(10) 
The road design shall comply with the road design for site plans under Chapter 131, Site Plan Review, and Chapter 155, Streets and Sidewalks, unless otherwise specified herein.
J. 
Landscaping and design.
(1) 
Those portions of the entire site that are not used for roads or lanes, off-street parking and buildings, or pedestrian walkways shall be attractively planted and maintained with trees, shrubs, plants and grass lawns as approved by the Board, provided that, to the extent possible, existing topography and natural features such as wooded areas, ponds and lakes shall be preserved in their natural state.
(2) 
Every parking lot shall provide, within the lot, landscaped areas at a ratio of one square foot of landscaped area for every 14 square feet of blacktop parking lot area. For the purposes of administering this provision, marginal and service roads and fire lanes shall not be counted as parking area. Good transitions and any other unpaved areas inside the area bounded by the marginal road that are landscaped and not paved may be counted as landscaped areas.
(3) 
A planting plan shall be prepared by a licensed landscape architect upon which will be shown the following data:
(a) 
The number of plants, botanic names, common name, size of plant (inches), root condition, spacing and mulch material.
(b) 
Installation details for trees, shrubs, shrub beds and other unique equipment or materials (i.e., fountains or pools).
(c) 
Installation notes as needed to adequately clarify the design and construction methods.
(4) 
The soil and erosion control plan, as required by Township, state and county agencies, shall be in agreement with the landscape plan.
K. 
Buffers.
(1) 
No part of any on-site parking areas, access aisle or other structure shall be closer than the following dimensional requirements:
(a) 
From any residential zone boundary line: 50 feet.
(b) 
From any other zone boundary line: 30 feet.
(c) 
From any public state highway: 50 feet.
(d) 
From any side property line: 30 feet.
(2) 
At least the first 50 feet adjacent to a state highway and at least the first 30 feet adjacent to any existing street or property line and at least the first eight feet adjacent to any proposed street shall not be used for parking and shall be planted and maintained in lawn area or ground cover or landscaped with evergreen shrubbery.
(3) 
All areas not used for buildings, parking, loading, streets, access aisles, driveways, pedestrian walkways or detention basins shall be suitably landscaped with grass, shrubs, ground cover and/or additional plantings as approved by the Board. Such landscaped areas shall be maintained by the property owner in good condition.
(4) 
No less than 30% of the total tract area shall be landscaped. A detention basin may be considered a landscaped area if its embankment does not exceed a slope of 3:1 and if it is designed and improved as a visual amenity of the development.
(5) 
Wetlands and transition areas may be included in the landscaped area.
(6) 
The Board may require such visual buffers and barriers as it may deem appropriate.
L. 
Off-street parking.
(1) 
There is required one off-street parking space for each 250 square feet of gross floor area of each building greater than 100,000 square feet.
(2) 
Every building less than 100,000 square feet of floor area shall be provided with one off-street parking space for each 200 square feet of gross floor area.
(3) 
Parking spaces shall be located within 300 feet of the building which they are intended to serve.
M. 
Off-street loading.
(1) 
Loading and unloading spaces with adequate ingress and egress from streets and with adequate space for maneuvering shall be provided at the side or rear of the building.
(2) 
Each space shall be at least 15 feet by 40 feet.
(3) 
The number of spaces shall be as set forth in Article VII of this chapter.
(4) 
Additional spaces may be necessary and required by the Board, depending upon the specific activity.
(5) 
There shall be no loading or unloading from a street.
N. 
Signs.
(1) 
Each planned commercial development may have one freestanding sign at each entrance to the development, provided that each such sign does not exceed 50 square feet in area, does not exceed 20 feet in height, and is set back at least 30 feet from all street and property lines.
(2) 
Each rental unit within the planned commercial development may have one major sign attached to the building and not exceeding 5% of the front facade of the business unit or 75 square feet, whichever is less.
(3) 
Where an individual activity occupies at least 750 square feet of segregated area and has direct access from the outside, a sign not exceeding four square feet in area identifying the name of the activity shall also be permitted. Such identifying sign(s) shall be at the entrance to the activity suspended in perpendicular fashion from a roof over a common walkway, where and when such common walkway exists. Suspended signs shall be no closer than eight feet at their lowest point to the finished grade below.
(4) 
All signs in the planned commercial development shall conform in character to all other signs in the development and shall blend with the overall architectural scheme of the development.
(5) 
No signs shall be neon, iridescent, or internally lit.
(6) 
Signs shall conform to the standards contained in Article XI.
(7) 
Temporary or advertising signs shall not cover more than 10% of the window area of any rental unit.
(8) 
All applicants shall submit a sign plan as part of the application.
O. 
Outdoor storage.
(1) 
No merchandise, products, equipment or similar material or objects shall be displayed or stored outside.
(2) 
All solid waste not stored within a building shall be stored within an enclosed structure situated on an adequate concrete foundation and screened with a fence and plantings.
P. 
Lighting.
(1) 
Lighting shall comply with the provisions of Chapter 131, Site Plan Review.
(2) 
There shall be no direct or sky-reflected glare exceeding 0.2 footcandle measured at the property line of the lot occupied by such use.
(3) 
This regulation shall not apply to lights used at the entrances or exits of service drives.
Q. 
Trash and recyclable materials.
(1) 
Every building shall be serviced with an area for recyclable materials as set forth in Chapter 144, Article I, Recycling, and Chapter 131, Site Plan Review.
(2) 
All recycling areas shall be in a location on site as approved by the Board and shall be adequately screened so that no recyclable material is visible.
R. 
Special events.
(1) 
Certain special events, such as antique car shows, jewelry shows, craft shows and the like, shall be permitted within the confines of the mall buildings.
(2) 
Hours of the events shall be limited to the normal business hours that the mall is open but in no event shall extend beyond 10:00 a.m. to 9:30 p.m.
(3) 
No noise shall be emitted which extends beyond the property lines.
(4) 
Prior to holding a special event, a permit shall be applied for and issued by the Zoning Officer at least 10 days prior to the holding of the event. A fee for the special event permit shall be paid in the amount of $100.
(5) 
The Township or the provider shall be reimbursed for any special expenses incurred for municipal services resulting from the special event, including police, Fire Department or emergency squad services. In addition, an escrow deposit in the amount of 100% of the estimated costs of these services shall be paid to the Township with the permit application.
S. 
The applicant shall give to the Andover Township Police Department permission to enforce traffic regulations, including but not limited to parking and handicapped spaces on the site.
[1]
Editor's Note: Former § 190-40, PRC Planned Retirement Community Zone, as amended, was repealed 11-29-2010 by Ord. No. 2010-10.
A. 
Minimum tract size: five acres.
B. 
Utilities required. All garden apartments shall be served by common water and sewer.
C. 
Maximum density:
(1) 
Efficiency garden apartments: 5,445 square feet of lot area.
(2) 
One-bedroom garden apartments: 6,223 square feet of lot area.
(3) 
Two-bedroom garden apartments: 7,260 square feet of lot area.
(4) 
Three-bedroom garden apartments: 10,890 square feet of lot area.
(5) 
Garden apartments containing more than three bedrooms are prohibited.
D. 
Apartment mix. The total distribution of two- and three-bedroom units shall be limited to a maximum of 35% of the total number of units. No more than 5% of the total number of units shall contain three bedrooms.
E. 
Minimum spacing between buildings. The term “parallel” as used in this subsection shall include the meaning "approximately or approaching parallel positions."
(1) 
Main building to detached accessory buildings: 50 feet.
(2) 
Ends of building where walls are parallel to each other with driveway between buildings: 60 feet.
(3) 
Ends of buildings where walls are parallel to each other: 30 feet.
(4) 
Front facade of a building to the facing front facade of an opposite building where the walls are parallel: 100 feet.
(5) 
When a building fronts on a new interior roadway, the structure shall be set back a minimum of 25 feet from the right-of-way line.
(6) 
Rear facade of a building to the rear facade of an opposite building where walls are parallel: 70 feet.
(7) 
Front facade of a building to the side wall of an adjacent building where walls are parallel but do not overlap: 20 feet.
(8) 
The front facade of a building shall not overlap the side wall of an opposite building by more than eight feet, unless such buildings are joined together. In no case shall windows in any wall be obstructed by any abutting walls.
(9) 
No building shall be erected closer than 75 feet to a public street or right-of-way. No structure shall be closer to a property line than 50 feet.
(10) 
Where adjoining one-family residential lots exist, or where adjoining property is zoned for residential use, a buffer strip shall be maintained at the property line, within the required setback area, of at least 10 feet in width. This buffer strip shall be left in its natural state or planted to establish a visual screen, in accordance with the recommendations of the Board.
F. 
Unit limitation for garden apartments. A garden apartment building shall contain a maximum of 16 units connected in one attached grouping.
G. 
Maximum length of structure. No building shall be more than 160 feet in length. Within that distance the facade shall contain breaks or other treatments to subtly and aesthetically interrupt the facade wall.
H. 
Occupancy restrictions.
(1) 
There shall be no living quarters in the space above the second floor.
(2) 
There shall be no living quarters in the basement or cellar.
(3) 
In every apartment containing one or more bedrooms, access to every living room and bedroom and to at least one bathroom shall be provided without passing through any bedroom.
I. 
Ventilation of garden apartments. Buildings and units shall be so designed that each apartment shall be provided with no fewer than two exterior exposures for each dwelling unit, and each exposure shall have windows to provide light and ventilation.
J. 
Landscaping and screening.
(1) 
All apartment developments shall be provided with liberal and functional professional landscaping schemes.
(2) 
Interior roads and pedestrian walks shall be provided with shade trees.
(3) 
Open space adjacent to buildings, malls between buildings utilized by residents, and border strips along the sides of pedestrian walks shall be graded and seeded to provide a thick stand of grass or other plant material.
(4) 
Approaches to dwelling structures and entrances to dwelling areas shall be provided with trees and shrubs.
(5) 
Areas not used for buildings, terraces, driveways and parking spaces shall be seeded and landscaped and shall be maintained in a stable and well-kept condition.
(6) 
Screening or buffers consisting of planting strips or fences shall be required around outdoor utility and refuse disposal areas and around any other similar areas.
(7) 
A buffer strip at least 10 feet in width shall be planted along property lines of adjacent single-family homes or districts.
(8) 
Clothes drying yards shall be fenced and screened.
(9) 
Usable areas for active recreation, such as tennis courts, ballfields, playgrounds and picnic grounds, equal to 15% of the tract shall be provided. Lawns, landscaped areas and areas left in their natural state shall not be included.
(10) 
The developer shall furnish, along with the plans and specifications required under this chapter and Chapter 131, Site Plan Review, landscaping plans which shall include plans for lighting the grounds, roads, drives, walks, recreation areas, parking areas and building entrances of the development, as well as the plantings and other landscaping intended for the development.
(11) 
Topsoil can be removed from the site during construction but shall be stored on the tract and redistributed on the site.
K. 
Utilities and facilities.
(1) 
Compaction of all garbage and refuse shall be undertaken by management prior to refuse and garbage pickup. In addition, compacted refuse and garbage will be stored in appropriate containers provided for each building and shall be adequate to contain all garbage and refuse produced. Pickup of compacted refuse and garbage shall be made at least twice per week. Individual refuse storage cans for use by occupants shall be prohibited.
(2) 
Storm drainage plans shall be approved by the Township Engineer.
(3) 
The installation and design of other apartment tract improvements and utilities shall comply with the improvement and design standards established in Chapter 159, Subdivision of Land, and Chapter 131, Site Plan Review, of the Code of the Township of Andover.
(4) 
Common water and sewers, as defined in this chapter, shall be provided.
(5) 
All electric, gas, television, cable, oil tank and telephone services shall be located underground.
L. 
Other requirements.
(1) 
One permanent identification sign may be erected at the main entrance to the garden apartment site. Such sign shall be of size and design approved by the Board, in accordance with the sign requirements of this chapter.[1]
[1]
Editor's Note: See Article XI, Signs.
(2) 
Usable areas for active recreation, such as tennis courts, ballfields, playgrounds and picnic grounds, equal to 15% of the tract shall be provided. Lawns, landscaped areas and areas left in their natural state shall not be included.
(3) 
Coin-operated laundry washing and drying machines may be located in the basement or cellar area of the apartment buildings for the sole use of the occupants.
(4) 
Each apartment building shall contain a minimum of 300 cubic feet of storage area for each dwelling unit, located in a convenient place in the basement or ground floor, where personal belongings and effects of occupants may be stored without constituting a fire or health hazard. Each storage area should be adequately lighted and have locking equipment.
(5) 
Each apartment building shall contain 50 cubic feet of common storage area for each dwelling unit for the storage of bicycles, carriages and similar types of frequently used equipment and utensils.
(6) 
In each apartment development, television and cable antenna equipment shall be built into the building, thereby eliminating the need for individual antennas being erected on the roof.
(7) 
Floors and dwellings and partitions between apartment units shall be constructed so as to produce an airborne sound transmission loss of at least 50 decibels.
(8) 
Application for multifamily residential housing as provided for in this section shall comply with all Township ordinances, including major subdivision and site plan ordinances.[2] Wherever a conflict exists between ordinances, the stricter interpretation shall apply.
[2]
Editor's Note: See Ch. 159, Subdivision of Land, and Chapter 131, Site Plan Review.
A. 
Minimum area: not less than six acres.
B. 
Spacing requirements. The following minimum distances shall be maintained:
(1) 
Between residence and barns, outbuildings and accessory buildings, except residence garage: 75 feet.
(2) 
Between all barns, outbuildings and accessory buildings, except residence garage, and property line: 150 feet.
C. 
Except as noted above, all other bulk requirements in the applicable zone shall apply.
D. 
Prohibited activities. The following agriculture, farm and horticulture activities are prohibited: feed lot operation where animals are confined to limited areas for fattening prior to slaughtering.
A. 
Minimum area: 90 contiguous acres for a nine-hole golf course and 180 acres for an eighteen-hole golf course.
B. 
Spacing requirements. The following minimum distances shall apply:
(1) 
No tee or fairway shall be located closer than 50 feet to an outside property line, and no green shall be located closer than 75 feet to an outside property line.
(2) 
No clubhouse or other facility where food or beverages are served shall be located within 100 feet of an outside property line.
C. 
Parking requirements:
(1) 
All parking areas shall be located at least 50 feet from any outside property line.
(2) 
All parking areas shall be attractively landscaped to provide a visual buffer to the view of area residents and the public.
(3) 
Off-street parking shall be provided as shown in the following table:
Use
Required parking spaces
Golf Course
3.0 parking spaces per hole
Clubhouse/retail sales area
1 per 200 square feet
Clubhouse/restaurant area
1 per every 3 seats
Accessory uses
As required under this chapter
D. 
Other requirements.
(1) 
Maximum building coverage: 2%.
(2) 
Maximum impervious coverage: 5%.
(3) 
There shall be separate points of ingress and egress to the tract.
(4) 
No public address system or other amplifying system shall be used in such a manner that sounds may be heard off site.
(5) 
Lighting shall be constructed so that all light is directed downward and ambient light shall be contained on the subject tract.
(6) 
One identification sign not exceeding eight feet by 10 feet in area may be constructed at the entrance to the facility; otherwise, only directional signs shall be permitted.
(7) 
Site plan approval is required.
(8) 
The applicant shall provide a water resource monitoring program designed to minimize the use of off-tract surface water and groundwater resources while maximizing the use of stormwater retained on the site. This plan shall provide for ground and surface water quality monitoring for nutrients, pesticides and other parameters to be determined by the approving authority.
(9) 
The applicant shall provide a turf management plan which is consistent with the grading and landscaping plans and shall discuss and define the use of drought-tolerant turf and landscaping material, the area to be irrigated, the required capacity of the irrigation system and the need for any water diversion permits. The plan shall also provide a proposed integrated pest management and turf management plan that defines the nature and use of the pesticides and other chemicals and fertilizers involved.
(10) 
All plans shall be integrated and coordinated in an effort to absorb and filter fertilizers, pesticides, herbicides and other nonpoint-source pollutants to minimize contamination of streams and groundwater supplies. The course shall be required to have a golf course superintendent, certified by the Golf Course Superintendents Association of America, on staff and an ongoing site management program to monitor water use and weather conditions in conjunction with the application of fertilizer, pesticides and herbicides in order to adhere to the turf management plan and the water resources monitoring program. The monitoring and reporting data shall be submitted to the Township Engineer on a quarterly basis.
A. 
Principal uses and structures permitted in a shopping center.
(1) 
A shopping center, as defined in Article II, may include the following uses:
(a) 
Retail sales of goods.
(b) 
Retail sales of personal services and minor appliance or office machinery repair.
(c) 
Business services.
(d) 
Delicatessens, bakeries, candy stores, food markets and grocery stores.
(e) 
Banks, including drive-through facilities.
(f) 
Offices.
(g) 
Fitness centers.
(2) 
Permitted accessory uses and structures: other uses customarily incidental to the principal permitted use.
B. 
General requirements.
(1) 
Minimum lot area: six acres.
(2) 
Minimum lot frontage: 400 feet.
(3) 
Minimum lot width: 400 feet.
(4) 
Minimum lot depth: 400 feet.
(5) 
Maximum floor area ratio: .25.
(6) 
Maximum lot coverage: 60%, plus an additional 5% for amenity areas, plazas and similar design features.
C. 
Principal building(s).
(1) 
Minimum distance to property line: 50 feet.
(2) 
Minimum distance to street line: 75 feet.
(3) 
Maximum height: 35 feet.
(4) 
Maximum building size: 65,000 square feet.
(5) 
Minimum store size: 1,000 square feet.
(6) 
Distance to other buildings: 20 feet if buildings are separated by a pedestrian walkway; 50 feet if buildings are separated by a roadway.
D. 
Accessory buildings
(1) 
Distance to property line: 50 feet.
(2) 
Maximum height: 25 feet.
E. 
Parking and circulation.
(1) 
The minimum setbacks for parking areas shall be as follows:
(a) 
Distance to street line: 50 feet.
(b) 
Distance to property line: 25 feet.
(2) 
Each individual use shall provide parking spaces according to its respective minimum provisions. Where a permitted use includes different specific activities with different parking requirements, the total number of parking spaces shall be obtained by individually computing the parking requirements for each use and adding the numbers together.
(3) 
A maximum of 40% of the site parking shall be in the front yard.
(4) 
Vehicular and pedestrian connections to adjacent properties shall be provided for existing and future use.
(5) 
Defined pedestrianways shall be designed to connect freestanding buildings on the site. Amenities shall be provided and may include, but are not limited to, plazas, benches and landscaping. Pathways shall be a minimum of eight feet wide.
(6) 
Curbed pedestrian walks, not less than 10 feet wide, shall be provided along the entire length of any wall of stores that contains public entrance or exit ways and/or display windows. Said walks shall be at least five inches but no more than six inches higher than the abutting paved parking area.
(7) 
Each shopping center shall provide roads or access lanes to serve the required parking area as approved by the Board. Such roads or lanes shall be curbed with a width between curbs of not less than 30 feet and shall have no direct access to any off-street parking space stalls. There shall also be a service drive at least 30 feet wide to service each building on the site.
(8) 
There shall not be more than one driveway for each 200 feet of road frontage along an arterial roadway. Alternative access and egress shall be encouraged, provided that a driveway on a corner lot shall not be closer than 100 feet to the intersection.
(9) 
Each principal use shall provide for off-street loading and unloading with adequate ingress and egress from streets and with adequate space for maneuvering and shall provide such area at the side or rear of the building. Each space shall be at least 15 feet by 50 feet, and a minimum of one space shall be provided for each building.
F. 
Architectural design.
(1) 
Buildings shall be located according to topography, with environmentally sensitive areas avoided to the maximum extent possible.
(2) 
Uniform streetscape, signage, landscaping and architectural style shall be provided.
(3) 
All exteriors of perimeter walls of principal structures shall be of brick or stone facing, solid brick or stone or some other accepted durable material. Asbestos shingle or cinder block exterior finishes are prohibited.
(4) 
Flat roofs are not permitted, unless they are surrounded by articulated cornices.
G. 
Other requirements.
(1) 
One building may contain more than one individual use, provided that the total floor area ratio and lot coverage of the combined uses do not exceed the maximums defined above.
(2) 
More than one principal building is permitted.
(3) 
All areas not used for buildings, parking, loading, aisles, driveways and pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or plantings and maintained in good condition.
H. 
Outdoor storage.
(1) 
The outdoor storage and/or display of merchandise, product, equipment, waste or similar material or objects shall be prohibited, except as follows:
(a) 
Shopping carts at supermarkets may be stored within accessory building setback distances.
(b) 
Garbage/recycling containers, containers for flowers, decorative plantings, nursery stock and benches may be displayed or maintained within accessory building setbacks.
(c) 
Outside public telephones shall be attached to the principal building on a property.
(d) 
Outside delivery service receptacles (other than United States postal receptacles) shall be maintained within three feet of a principal building.
(e) 
Other items may be permitted through site plan approval.
(2) 
All solid waste not stored within a building shall be stored within an enclosed structure obscured from view from parking areas, streets and adjacent residential uses or districts by a fence, wall, planting or combination of all three. There shall be at least one trash and garbage pickup location, including provision for recyclable materials collection, provided by each building which shall be separated from the parking spaces.
I. 
Signs.
(1) 
Each shopping center may have one freestanding sign, not exceeding 75 square feet in area, provided that no other freestanding signs are erected on the site. Freestanding signs shall be set back at least 15 feet from all street rights-of-way and property lines and shall have a maximum height of 20 feet.
(2) 
Where a principal use occupying at least 1,000 square feet in a segregated area in a shopping center has direct access from the outside, a sign not exceeding 20 square feet in area identifying the name of the use shall also be permitted. Such additional signs shall be either flat against the building at the entrance to the use or suspended in perpendicular fashion from a roof over a common way. Suspended signs shall be no closer than 10 feet at their lowest point to the finished grade below.
A. 
Home occupations are permitted in all residential zones, in accordance with the following requirements:
(1) 
Such uses shall be subject to site plan review and approval.
(2) 
The Board may impose reasonable requirements on the use, including but not limited to off-street parking, landscaping, screening and buffering, depending on the nature of the use and the surrounding uses.
(3) 
Not more than one person in addition to members of the family residing on the premises shall be engaged in such occupation.
(4) 
The home occupation shall be clearly incidental and subordinate to the use of the dwelling for residential purposes. The maximum area devoted to the home occupation shall be limited to not more than 25% of the gross floor area of the principal building, not including the cellar, or 400 square feet, whichever is less.
(5) 
There shall be no external evidence of the home occupation.
(6) 
Goods, chattel, materials, supplies or items of any kind delivered either to or from the premises in connection with the home occupation shall take place in noncommercial registered vehicles or typical delivery vans with a maximum length of 20 feet.
(7) 
Any goods or merchandise for sale must be produced on the premises.
B. 
Home occupations that meet the following requirements are exempt from site plan review and approval:
(1) 
There is no external evidence of the home occupation.
(2) 
There are no retail sales conducted on the site and no clients will visit the site.
[Added 10-27-2008 by Ord. No. 2008-17]
Permitted uses and standards for the PO/R Professional Office/Residential Zone are as follows:
A. 
Principal permitted uses
(1) 
Office buildings, including business, professional, medical and administrative.
(2) 
Home offices.
(3) 
Child-care centers licensed by the Department of Human Services pursuant to N.J.S.A. 30:5B-1 et seq.
(4) 
Essential services.
(5) 
Places of worship and religious institutions.
(6) 
Financial institutions.
B. 
Permitted accessory uses.
(1) 
Fences and walls in accordance with Article XII of Chapter 190.
(2) 
Off-street parking.
(3) 
Private garages.
(4) 
Signs in accordance with Article XI of Chapter 190.
(5) 
Uses customarily related to and incidental to the principal use.
C. 
Permitted conditional uses.
(1) 
Expansion of existing single-family detached residential dwellings, provided that any such expansion shall maintain the character and single-family use of the existing dwelling and conform to the setback requirements of the PO/R Zone district.
(2) 
Banks with drive-through windows and/or automatic teller machines (ATMs), provided that a landscaped buffer with a minimum depth of 50 feet is provided between any drive-through lane or ATM and the closest residential use or residential zone district boundary.
D. 
Lot area and bulk standards. The recommended lot area and bulk standards shall be as follows:
(1) 
Minimum lot area: One acre (43,560 square feet).
(2) 
Minimum lot width: 150 feet.
(3) 
Principal building setbacks.
(a) 
Front yard: 50 feet.
(b) 
Side yard: 20 feet (each side).
(c) 
Rear yard: 50 feet.
(4) 
Accessory buildings and structures.
(a) 
Side yard: 20 feet.
(b) 
Rear yard: 30 feet.
(c) 
Side and rear yard: 20 feet for parking areas, driveways and traffic aisles.
(5) 
Maximum building height: 2 1/2 stories / 35 feet.
(6) 
Maximum structure lot coverage: 20%.
(7) 
Maximum impervious surface coverage: 60%.