[Amended 6-20-1988 by Ord. No. O-15-88; 5-21-1990 by Ord. No. O-11-90; 12-17-1990 by Ord. No. O-31-90; 7-21-1992 by Ord. No. O-27-92; 2-15-1993 by Ord. No. O-5-93; 11-23-2004 by Ord. No. O-38-2004; 11-23-2004 by Ord. No. O-40-2004; 12-4-2006 by Ord. No.
O-48-2006; 4-24-2007 by Ord. No. O-17-2007; 5-25-2010 by Ord. No.
O:07-2010; 10-28-2013 by Ord. No. O:15-2013]
For the purpose of this chapter, the Township
of Monroe is divided into the following zoning districts:
|
FD-40
|
Forest Residential District 40
|
|
FD-10
|
Forest Residential District 10
|
|
AG
|
Agricultural Production District
|
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RD-C
|
Rural Development Commercial District
|
|
RD-A
|
Rural Development Agricultural District
|
|
RD-RS
|
Rural Development Residential Sending
|
|
RD-RR
|
Rural Development Residential Receiving
|
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RG-MR
|
Regional Growth Moderate Residential District
|
|
RG-MU
|
Regional Growth Mixed-Use District
|
|
RG-PR
|
Regional Growth Planned Residential District
|
|
RG-TC
|
Regional Growth Town Commercial District
|
|
RG-C
|
Regional Growth Commercial District
|
|
RG-LI
|
Regional Growth Light Industrial District
|
|
RG-30
|
Regional Growth Residential District 30
|
|
RG-40
|
Regional Growth Residential District 40
|
|
RG-RA
|
Regional Growth Age-Restricted District
|
|
C
|
Commercial District
|
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R-2
|
Suburban Residential Option District
|
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BP
|
Business Park District
|
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R-1
|
Residential District
|
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R-3
|
Residential District
|
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RA
|
Residential Age-Restricted District
|
|
MU
|
Mixed-Use District
|
[Amended 2-22-2005 by Ord. No. O-02-2005; 12-4-2006 by Ord. No. O-49-2006; 5-13-2008 by Ord. No. O:15-2008; 10-27-2009 by Ord. No. O:36-2009; 5-25-2010 by Ord. No. O:07-2010; 12-11-2012 by Ord. No. O:30-2012; 12-11-2012 by Ord. No.
31-2012]
The Boundaries of all zoning districts set forth
in this article are hereby amended and are shown on a map entitled
"Zoning Map, Township of Monroe, Gloucester County, New Jersey," (adopted
by Ordinance O:02-2005, dated February 22, 2005; as amended by Township
Council Ordinance O:14-2006, dated May 9, 2006; as amended by Township
Council Ordinance O:27-2007, dated April 24, 2007; as amended by Township
Council Ordinance O:15-2008, dated May 13, 2008; as amended by Township
Council Ordinance O:17-2008, dated June 10, 2008; as amended by Township
Council Ordinance O:36-2009, dated October 27, 2009; as amended by
Township Council Ordinance O:07-2010, dated May 25, 2010; as amended
by Township Council Ordinance O:31-2012, dated November 27, 2012)
Said map and all notations, references and data shown thereon are
hereby incorporated by reference to this chapter and shall be as much
a part of this chapter as if all were fully described herein.[1]
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
A.
Zone boundaries are intended to follow the center
lines of streets, lot lines, hypothetical extensions of lot lines,
property lines or other natural lines such as center lines of watercourses,
ditches, etc., unless such district or zone boundary is fixed by dimension
on the Zoning Map or by description and shall include lands acquired
by accretion or stream diversion by natural causes.
B.
Where a zone boundary fixed by dimension on the Zoning
Map approximately follows and is not more than 20 feet from a lot
line, such lot line shall be construed to be the zone boundary.
C.
In unsubdivided land and where a zone boundary divides
a lot, the location of such boundary, unless the same is indicated
by dimensions shown on the map, shall be determined by the use of
the scale appearing thereon.
D.
Boundaries indicated as approximately following municipality
limits shall be construed as following municipal limits.
E.
Where a zone boundary line divides a lot held in single
ownership at the effective date of this chapter, the use regulations
applicable to the less restricted zone district shall extend over
the portion of the lot in the more restricted district a distance
of not more than 50 feet beyond the zone boundary line.
A.
General.
(1)
No building shall hereafter be used, erected, altered,
converted, enlarged, added to, moved or reduced, either wholly or
in part, nor shall any land be designed, used or physically altered
for any purpose or in any manner except in conformity with this chapter.
Where a lot is formed from part of a lot already occupied by a building,
such subdivision shall be effected in such a manner as not to impair
any of the requirements of this chapter with respect to the existing
building and all yards and other open space in connection therewith,
and so that all resulting lots have adequate dimensions consistent
with the requirements of the zoning district in which they are located,
and so that all lots have frontage on a street.
(2)
In all districts after the effective date of this chapter, with the exception of Subsection B below, any existing building, structure or tract of land which is not in conformity with the regulations for the district in which it is located shall be deemed nonconforming and subject to the regulations of § 175-122 of this chapter.
(3)
Where this chapter is silent as to the allowance of
a use in a zone district, such silence shall be interpreted to mean
that the use is not permitted. A use is not permitted in any zone
district of the Township unless specifically included as a use or
category of use in this chapter and in the specific zone district.
(4)
Front yard exceptions. The front yard of a proposed
building in the R-40 District may be decreased in depth to the average
alignment of existing buildings on the site and within 100 feet on
each side of the proposed building and within the same block if such
alignment of existing buildings is less than the front yard requirement
for the district. This exception will apply where any existing building
is to be demolished during or upon completion of construction of the
proposed building.
(5)
Model homes or sales offices within a subdivision
shall not be considered a business use only during the period necessary
for the sale of new homes within the subdivision.
B.
Minimum standards for substandard lots, Pinelands.
Notwithstanding the density limitations or other provisions of this
chapter, the owner of a parcel of land of an acre or more within the
Pinelands Area of Monroe Township shall be entitled to develop one
single-family detached dwelling on the parcel, provided that:
[Amended 10-3-1988 by Ord. No. O-21-88; 4-28-1997 by Ord. No. O-27-97]
(1)
The dwelling unit will be the principal residence
of the property owner or a member of the immediate family of the property
owner.
(2)
The parcel has been in the continuous ownership since
February 7, 1979, of the person whose principal residence the dwelling
unit will be, a member of that person's immediate family or a partnership
or corporation in which members of that person's immediate family
collectively own more than a majority interest in such partnership
or corporation.
(3)
The parcel was not in common ownership with any contiguous
land on or after February 8, 1979, that contains substantial improvements.
(4)
The parcel includes all vacant contiguous lands in
common ownership on or after February 8, 1979.
C.
Adult bookstores and movie houses; massage parlors. These uses as defined in Article III of this chapter shall be permitted in the RD-C Zoning District under the category of local retail sales and service establishments in § 175-160B, subject to the same requirements as all other such uses for that district. In addition, no such use shall be located within 1,320 feet of the property line of any similar use, place of religious worship, school, recreational or health-care facility, library, any establishment licensed for the sale or consumption of alcoholic beverages or any existing or approved residential development consisting of 10 or more units approved as a single development project.
[Amended 7-18-1984 by Ord. No. O-11-84; 12-21-1987 by Ord. No. O-47-87; 7-21-1992 by Ord. No. O-27-92]
E.
Community residences and shelters.
[Amended 8-12-1997 by Ord. No. O-40-97; 10-13-1998 by Ord. No. O-39-98; 4-23-2002 by Ord. No.
O-3-2002]
(1)
Community residences for developmentally disabled;
community residences for persons with head injuries; community shelters
for domestic violence victims; and community residences for the terminally
ill.
(a)
A community residence for the developmentally
disabled, a community residence for persons with head injuries, a
community shelter for victims of domestic violence and community residences
for the terminally ill are permitted uses in all residential districts
of the Township. The requirements of said uses shall be the same as
for single-family dwelling units located within such districts.
F.
Pinelands development credits (PDC).
(1)
Pinelands development credits established.
[Amended 10-3-1988 by Ord. No. O-21-88]
(a)
Except for land which is owned by a public agency on January 14, 1981, land which is thereafter purchased by the state for conservation purposes, land which is subject to an easement limiting the use of land to nonresidential uses or land otherwise excluded from entitlement pursuant to Subsection F(1)(b) below, every parcel of land in the Agricultural Production Districts shall have a use right known as "Pinelands development credits" that can be used to secure a density bonus for lands located in regional growth areas. Pinelands development credits may also be allocated to certain properties in the Township by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
[Amended 2-15-1993 by Ord. No. O-5-93]
(b)
Pinelands development credits are hereby established
in the Agricultural Production Districts at the following ratios:
[1]
Uplands which are undisturbed but approved for
resource extraction pursuant to this chapter: two Pinelands development
credits per 39 acres.
[2]
Uplands which are mined as a result of a resource-extraction
permit approved pursuant to this chapter: zero Pinelands development
credits per 39 acres.
[3]
Other uplands and areas of active berry agricultural
bogs and fields: two Pinelands development credits per 39 acres.
[4]
Wetlands in active field agriculture use currently
and as of February 7, 1979: two Pinelands development credits per
39 acres.
[Amended 4-28-1997 by Ord. No. O-27-97]
[5]
Other wetlands: 0.2 Pinelands development credits
per 39 acres.
(c)
The allocations established in Subsection F(1)(b) above shall be reduced as follows:
[Amended 5-21-1990 by Ord. No. O-11-90; 2-15-1993 by Ord. No. O-5-93]
[1]
Any property of 10 acres or less which is developed
for a commercial, industrial, resource extraction, intensive recreation,
institutional, campground or landfill use shall not receive Pinelands
development credit entitlement. For such an improved property of more
than 10 acres, the area actively used for such use or 10 acres, whichever
is greater, shall not receive Pinelands development credit entitlement.
[2]
The Pinelands development credit entitlement
of a parcel of land shall be reduced by 0.25 PDC for each existing
dwelling unit on the property.
[3]
The Pinelands development credit entitlement of a parcel of land shall be reduced by 0.25 PDC for each reserved right to build a dwelling unit on the parcel retained by the owner or when a variance for cultural housing is approved by the Township pursuant to § 175-157I of this chapter. See § 175-157F(2)(b) below.
[4]
The PDC entitlement for a parcel of land shall
also be reduced by 0.25 PDC for each dwelling unit approved pursuant
to N.J.A.C. 7:50-4.61 et seq. when a waiver of strict compliance is
granted by the Pinelands Commission.
(d)
The owner of record of 0.10 or greater acres
of land in the AG Zone as of February 7, 1979, shall be entitled to
0.25 Pinelands development credit, provided that the parcel of land
is vacant, was not in common ownership with any contiguous land on
or after February 7, 1979, and has not been sold or transferred except
to a member of the owner's immediate family.
[Amended 5-21-1990 by Ord. No. O-11-90; 4-28-1997 by Ord. No. O-27-97]
(e)
The owners of parcels of land which are smaller than 39 acres shall have a fractional Pinelands development credit at the same ratio established in Subsection F(1)(b) of this section for the area in which the parcel is located.
(f)
The provisions of Subsection F(1)(d) above shall also apply to owners of record of less than 0.10 acre of land in the AG Zone, as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands Development Credits are allocated pursuant to Subsection F(1)(b) above, which lands, when combined with the acreage of the parcel owned prior to February 7, 1979, total at least 0.10 acre.
[Added 4-28-1997 by Ord. No. O-27-97]
(2)
Limitations on use of Pinelands development credits:
(a)
No Pinelands development credit may be conveyed, sold, encumbered or transferred unless the owner of the land from which the credit has been obtained has received a Pinelands development credit certificate from the New Jersey Pinelands Development Credit Bank pursuant to N.J.A.C. 3:42-3 and has deed-restricted the use of the land in perpetuity to those uses set forth in § 175-157F(5)(b) below by a recorded deed restriction which is in favor or a public agency or not-for-profit incorporated organization and specifically and expressly enforceable by the Pinelands Commission.
[Amended 10-3-1988 by Ord. No. O-21-88; 4-28-1997 by Ord. No. O-27-97]
(b)
Notwithstanding the provisions of Subsection F(2)(a) above, an owner of property from which Pinelands development credits are sold may retain a right for residential development on that property, provided that the recorded deed restriction expressly provides for the same and that the total allocation of Pinelands development credits for that property is reduced by 0.25 Pinelands development credits for each reserved right to build a dwelling unit. Subdivision of the property shall not be required until such time as the residential development right is exercised. No such reduction is required if the right to develop a farm-related residence in accord with § 175-159B and C(5) is retained.
[Amended 10-3-1988 by Ord. No. O-21-88; 5-21-1990 by Ord. No. O-11-90]
(c)
The bonus density of a parcel of land on which
Pinelands development credits are used shall not exceed the upper
limits of the density range of the regional growth district in which
the property is located.
(3)
Pinelands development credit bonus multipliers. Pinelands
development credits which are used for securing a density bonus for
parcels of land located in a regional growth district shall yield
a bonus of four dwelling units per credit.
(4)
Aggregation of development credits. Pinelands development
credits may be aggregated from different parcels for use in securing
a bonus for a single parcel of land in a regional growth district.
(5)
Recordation of deed restriction.
[Amended 10-3-1988 by Ord. No. O-21-88; 5-21-1990 by Ord. No. O-11-90; 2-15-1993 by Ord. No. O-5-93]
(a)
No conveyance, sale or transfer of Pinelands
development credits shall occur until the municipality with jurisdiction
over the parcel of land from which the Pinelands development credits
were obtained, the agency or organization to which the restriction
is in favor and the Commission have been provided with evidence of
recordation of a restriction on the deed to the land from which the
development credits were obtained.
(b)
Such deed restriction shall specify the number
of Pinelands development credits sold and that the property may only
be used in perpetuity for the following uses:
[1]
In the Agricultural Production District: agriculture;
forestry; low-intensity recreational uses in which the use of motorized
vehicles is not permitted except for necessary transportation, access
to water bodies is limited to no more than 15 feet of frontage per
1,000 feet of frontage on the water body, clearing of vegetation does
not exceed 5% of the parcel and no more than 1% of the parcel will
be covered with impervious surfaces; agricultural commercial establishments,
excluding supermarkets and restaurants and convenience stores, where
the principal goods or products available for sale were produced in
the Pinelands and the sales area does not exceed 5,000 square feet;
agricultural products processing facilities; agricultural employee
housing as an accessory use; fish and wildlife management; wetlands
management; airports and heliports accessory to agricultural uses
and which are used exclusively for the storage, fueling, loading and
operation of aircraft as part of an ongoing agricultural operation;
and accessory uses.
[Amended 3-27-2012 by Ord. No. O:11-2012; 9-10-2018 by Ord. No. O:23-2018]
[2]
In all other Pinelands zoning districts: agriculture;
forestry; and low-intensity recreational uses.
(c)
No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the Township approving authority with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the approving authority may grant preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval or as appropriate, the general development plan approval. Notification of any such preliminary or final approval shall be made to the Pinelands Commission pursuant to § 175-39C and the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of Pinelands development credits shall thereafter be accomplished in accordance with N.J.A.C. 3:42-3.6 prior to the memorialization of the resolution granting final subdivision approval or, if no such approval is required, prior to the issuance of any construction permits.
[Amended 4-28-1997 by Ord. No. O-27-97; 8-14-2001 by Ord. No. O-22-2001]
(6)
Pinelands development credits shall be used in the
following manner:
[Added 10-3-1988 by Ord. No. O-21-88; amended 5-21-1990 by Ord. No. O-11-90; 12-17-1990 by Ord. No. O-31-90; 2-15-1993 by Ord. No. O-5-93]
(a)
To permit development of parcels of land in the Regional Growth Zoning Districts according to the density and lot area requirements set forth in § 175-161 of this chapter.
(b)
When a variance of density of minimum lot area
requirements for the Regional Growth Zoning Districts is granted by
the Township, Pinelands development credits shall be used for all
dwelling units or lots in excess of that otherwise permitted without
the variance.
(c)
When a variance or other approval for a nonresidential
use not otherwise permitted in the RG-20, RG-30, RG-40, RG-MR, or
RG-PR Zones is granted by the Township, Pinelands development credits
shall be used at 50% of the maximum rate permitted for Pinelands development
credits in the zone in which the nonresidential use will be located
for parcels under 10 acres in size; at 75% of the maximum rate of
parcels between 10 and 20 acres in size; and at 100% of the maximum
rate for parcels over 20 acres in size. This requirement shall not
apply to a variance or other approval which authorizes the expansion
of or changes to existing nonresidential uses, in accordance with
N.J.A.C. 7:50-5.2.
[Amended 8-14-2001 by Ord. No. O-22-2001]
(d)
When a variance or other approval for a residential
use in the RG-LI or RG-TC Zones is granted by the Township, Pinelands
development credits shall be used for 50% of the authorized units
for parcels under 10 acres in size; for 75% of the authorized units
for parcels between 10 and 20 acres in size; and for 100% of the authorized
units for parcels over 20 acres in size. This requirement shall not
apply to the approval of apartments over commercial uses in the RG-TC
Zone in accordance with § 175-163D(l)(b)(6).
[Amended 8-14-2001 by Ord. No. O-22-2001; 10-26-2015 by Ord.
No. O:35-2015]
(e)
When a variance for cultural housing is granted by the Township in accordance with § 175-157H of this chapter.
(f)
When a waiver of strict compliance is granted
by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
G.
Density transfer program.
[Amended 10-3-1988 by Ord. No. O-21-88; 2-15-1993 by Ord. No. O-5-93]
(1)
Rural development area. Residential dwellings on one-acre
lots shall be permitted in the RD-RR Zone, provided that:
(a)
The owner of the lot proposed for development
acquires sufficient vacant contiguous or noncontiguous land which,
when combined with the acreage of the lot proposed for development,
equals at least five acres.
(b)
All lands acquired pursuant to Subsection G(1)(a) above, which may or may not be developable, must be located within the RD-RR or RD-RS Zones.
(c)
All noncontiguous lands acquired pursuant to Subsection G(1)(a) and (b) above shall be permanently protected through recordation of a deed of restriction in accordance with the following requirements:
[Amended 3-27-2012 by Ord. No. O:11-2012]
[1]
The deed of restriction shall permit the parcel to be managed for:
[a]
Low-intensity recreation, ecological management and forestry,
provided that no more than 5% of the land may be cleared, no more
than 1% of the land may be covered with impervious surfaces and any
such uses or activities are approved and conducted in accordance with
the requirements of this chapter;
[b]
Where agricultural use exists on a parcel proposed to be protected,
the following standards shall apply:
[i]
For those agricultural uses in existence as of April 6, 2009,
the deed of restriction may provide for the continuation of agricultural
uses and the expansion of the area of agricultural use by up to 50%.
[ii]
For those agricultural uses established after April 6, 2009,
the deed of restriction may provide for the continuation of agricultural
uses, provided that the agricultural use has been in existence for
a period of at least five years prior to submission of an application
for density transfer;
[iii]
For those agricultural uses established after April 6, 2009, which do not meet the standards of Subsection G(1)(c)[1][b][i] or [ii] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection G(1)(c)[1][a] above and shall not provide for continuation of any agricultural use on the parcel; and
[iv]
The deed of restriction to be recorded pursuant to Subsection G(1)(c)[1][b][i] or [ii] above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or 3%, whichever is greater, unless a resource management system plan has been prepared. Before these impervious surface limits may be exceeded, evidence of Pinelands Commission approval of the resource management system plan shall be provided. If the deed of restriction is in favor of Gloucester County or the State Agricultural Development Committee, evidence of its approval shall also be provided.
[2]
The deed of restriction shall be in favor of the parcel to be developed
and the Township or another public agency or nonprofit conservation
organization. In all cases, such restriction shall be expressly enforceable
by the Pinelands Commission. The deed restriction shall be in a form
to be approved by the Township Solicitor and the Pinelands Commission.
(d)
Tax assessments for the acquired noncontiguous
lands are combined and assigned to the land to be developed.
(2)
Forest area. Residential dwellings on one-acre lots
existing as of January 14, 1981, shall be permitted in the FD-10 and
FD-40 Zones, provided that:
(a)
The owner of the lot proposed for development
acquires sufficient vacant contiguous or noncontiguous land which,
when combined with the acreage of the lot proposed for development,
equals at least the following:
(b)
All lands acquired pursuant to Subsection G(2)(a) above, which may or may not be developable, must be located within the FD-10 or FD-40 Zoning Districts.
(d)
Tax assessments for the acquired noncontiguous
lands are combined and assigned to the land to be developed.
(3)
Rural Development Agricultural Zone. Residential dwellings
on one-acre lots existing as of January 14, 1981, shall be permitted
in the RD-A Zoning District, provided that:
(a)
The owner of the lot proposed for development
acquires sufficient vacant contiguous or noncontiguous land which,
when combined with the acreage of the lot proposed for development,
equals at least eight acres.
(b)
All lands acquired pursuant to Subsection G(3)(a) above, which may or may not be developable, are located within the RD-A Zone.
(d)
Tax assessments for the acquired noncontiguous
lands are combined and assigned to the land to be developed.
H.
Special provisions for cultural housing. Residential
dwellings on lots of 3.2 acres may be permitted within any zoning
district, provided that:
[Added 10-3-1988 by Ord. No. O-21-88; amended 4-28-1997 by Ord. No. O-27-97]
(1)
The dwelling unit will be the principal residence
of the property owner or a member of the immediate family of the property
owner.
(2)
The individual whose principal residence the dwelling
unit will be has not developed a dwelling unit under this section
within the previous five years.
(3)
The parcel of land on which the dwelling is to be
located has been in the continuous ownership since February 7, 1979,
of the person whose principal residence the dwelling unit will be
a member of that person's immediate family or a partnership or corporation
in which members of that person's immediate family collectively own
more than a majority interest in such partnership or corporation.
(4)
The person whose principal residence the dwelling
unit will be has resided in the Pinelands for at least five years
and that person or one or more members of that person's immediate
family has resided in the Pinelands for a total of at least twenty
different years.
I.
Additional provisions for cultural housing. Residential
dwelling units on one-acre lots may be permitted within any management
area, provided that:
[Added 2-15-1993 by Ord. No. O-5-93]
(2)
The lot to be developed existed as of February 8,
1979, or was created as a result of an approval granted by the Pinelands
Development Review Board or by the Pinelands Commission pursuant to
the Interim Rules and Regulations prior to January 14, 1981.
(3)
The applicant qualifies for and receives from the Township a variance from the three-and-two-tenths-acre lot size requirement set forth in § 175-157H above.
(4)
The applicant purchases and redeems 0.25 Pinelands
development credits.
(5)
Any Pinelands development credits allocated to the lot to be developed are reduced pursuant to § 175-157F(1)(c) of this chapter.
J.
Accessory dwelling units. Accessory dwelling units
may be permitted as an accessory use in association with an existing
single-family detached dwelling unit.
[Added 4-24-2007 by Ord. No. O-14-2007; amended 8-26-2008 by Ord. No. O:29-2008]
(1)
An accessory dwelling unit is a small apartment which
is part of an existing single-family owner-occupied home, and which
is clearly secondary to the single-family home. The accessory dwelling
unit shall have a kitchen, bathroom and no more than one bedroom.
In the Pinelands area of the Township, an accessory dwelling unit
and the existing single-family detached dwelling unit to which it
is accessory are each dwelling units. Both the accessory dwelling
unit and the existing single-family detached dwelling unit to which
it is accessory must comply with the density requirements and minimum
lot size requirements of the zoning district within which they are
both located.
(2)
Owner-occupied means that either the principal dwelling
unit or the accessory dwelling unit is occupied by a person who has
a legal or equitable ownership interest in the property and bears
all or part of the economic risk of decline in value of the property.
(3)
An accessory dwelling unit may be permitted as an
accessory use to an existing single-family detached dwelling unit
under the following conditions:
(a)
Only one accessory dwelling unit is permitted
per lot. The accessory dwelling unit shall be located in the same
building as the principal dwelling unit or in a building accessory
to the principal dwelling unit. Any structure containing an accessory
dwelling unit must meet minimum yard and setback requirements for
the principal structure. All relevant zoning requirements shall be
met.
(b)
The maximum floor area of an accessory dwelling
unit shall be 1,000 square feet or 1/3 the living space of the principal
dwelling, whichever is less; provided that this limitation shall not
be construed to require an accessory dwelling unit smaller than that
required by the New Jersey Mortgage Finance Agency for funding purposes.
(c)
A zoning permit for the proposed construction
of a new accessory dwelling unit or the creation of a new accessory
dwelling unit within an existing building must be issued by the Zoning
Officer. Planning Board approval is not required for an accessory
dwelling unit.
(d)
This subsection is intended to create year-round
housing. Therefore, the accessory dwelling unit may not be utilized
for short-term (fewer than 12 months).
(e)
The property owner must occupy either the principal
dwelling unit or the accessory dwelling unit as his/her principal
residence, and at no time receive rent for the non-owner-occupied
unit.
(f)
No accessory dwelling unit shall receive a building
permit unless the property owner demonstrates that an adequate potable
water supply is available.
(h)
The accessory dwelling unit shall be in full
compliance with all applicable health and construction codes prior
to occupancy.
(i)
One off-street parking space must be provided
for each vehicle registered to occupants of the one-bedroom accessory
dwelling unit, in addition to the off-street parking required for
the principal dwelling unit. In general, new parking must comply with
current parking standards.
(j)
An accessory dwelling unit shall be designed
to maintain the architectural design, style, appearance, and character
of the main building as a single-family residence. If an accessory
dwelling unit extends beyond the existing footprint of the main building,
such an addition must be consistent with the existing facade, roof
pitch, siding, and windows.
(k)
Exterior stairs are restricted to the rear or
side of the structure wherever practicable.
(l)
A home occupation or home business may be conducted,
subject to existing regulations, as an accessory use to either the
accessory dwelling unit or the principal dwelling unit, but not both.
A.
Forest district zones are as follows:
[Amended 2-15-1993 by Ord. No. O-5-93]
|
FD-10 Forest Residential District 10
| |
|
FD-40 Forest Residential District 40
|
B.
Purpose.
[Amended 3-27-2012 by Ord. No. O:11-2012]
(1)
The
forest district zones are found in areas of the Township which exhibit
many critical ecological values. They may be characterized as places
with little or no encroachment from residential, agricultural or other
man-made uses. The intent of this section is to preserve and maintain
the existing environment, including plant and animal species indigenous
thereto and the habitat thereof; protect and maintain the quality
of surface waters and groundwaters; and discourage piecemeal and scattered
development.
(2)
The Pinelands plan has permitted residential dwelling units in the forest area, provided that the total number of new units does not exceed one dwelling unit for every 15.8 acres of privately owned undeveloped land which is not defined in this chapter as wetland. The FD-10 and FD-40 Zoning Districts have been designed to meet this density requirement. Cluster development is required in accordance with § 175-94.1 whenever two or more units are proposed as part of a residential development in these zoning districts.
C.
Permitted uses.[1]
[1]
Editor's Note: A listing of the permitted uses for the forest area zoning districts is included at the end of this chapter.
D.
Additional standards for principal uses. The following
standards shall apply to the uses set forth below where said uses
are permitted:
(2)
Roadside retail sales and service establishments,
where permitted, shall meet the following standards:
(a)
The parcel proposed for development has roadway
frontage of at least 50 feet.
(b)
No portion of any structure proposed for development
will be more than 300 feet, measured along a line parallel to the
roadway, from the closest part of a roadside retail sales and service
establishment structure that was in existence on February 7, 1979.
(c)
The proposed use will not unduly burden public
services, including but not limited to water, sewer and roads.
(3)
Agricultural commercial establishments, excluding
supermarkets, restaurants and convenience stores, where permitted,
shall meet the following standards:
[Amended 10-3-1988 by Ord. No. O-21-88]
(a)
The principal goods or products available for
sale were produced in the Pinelands.
(b)
The sales area of the establishment does not
exceed 5,000 square feet. The sales area shall include both outdoor
and indoor areas of display of merchandise, whether or not within
a structure.
(c)
Adequate off-street parking spaces shall be
provided.
(d)
If sales are to be conducted in the evening,
all access and exit points shall be properly illuminated in accordance
with the standards of this chapter.
(4)
Institutional uses, where permitted, shall meet the
following conditions:
(a)
The use does not require or will not generate
subsidiary or satellite development in the forest area.
(b)
The applicant has demonstrated that adequate
public service infrastructure will be available to serve the use.
(c)
The use is primarily designed to serve the needs
of the forest area in which the use is to be located.
(d)
In addition to all other standards of this chapter,
the Board may defer to other governmental agencies where they may
provide standards for the proposed use.
(e)
The Board shall base its approval upon compliance
with the standards of other approving agencies and shall seek to have
the use constructed so as not to adversely impact the surrounding
uses and so as to harmoniously blend with the other uses in the zone.
(5)
Public service infrastructure intended to primarily serve the needs of the Pinelands. Centralized wastewater treatment and collection facilities shall be permitted to service the Forest Area Districts only in accordance with § 175-149E.
[Added 10-3-1988 by Ord. No. O-21-88; amended 4-28-1997 by Ord. No. O-27-97]
E.
Additional standards for conditional uses.
(1)
Low-intensity recreational uses, where permitted,
shall provide that:
(a)
The parcel proposed for low-intensity recreational
use has an area of at least 50 acres.
(b)
The recreational use does not involve the use
of motorized vehicles except for necessary transportation.
(c)
Access to bodies of water is limited to no more
than 15 linear feet of frontage per 1,000 feet of water body frontage.
(d)
Clearing of vegetation, including ground cover
and soil disturbance, does not exceed 5% of the parcel.
(e)
No more than 1% of the parcel will be covered
with impervious surfaces.
[Amended 3-27-2012 by Ord. No. O:11-2012]
(2)
Campgrounds, where permitted, shall provide that:
(3)
The expansion of intensive recreational uses, where
permitted, must meet the following standards:
[Amended 10-3-1988 by Ord. No. O-21-88; 4-28-1997 by Ord. No. O-27-97]
(a)
The intensive recreational use was in existence
on February 7, 1979, and the capacity of the use will not exceed two
times the capacity of the use on February 7, 1979.
(b)
The use is necessary to achieve recreational
use of a particular element of the existing Pinelands environment.
(c)
The use is environmentally and aesthetically
compatible with the character of the Pinelands Forest Area and the
characteristics of the particular basin in which the use is to be
located, taking into consideration the proportion of cleared and developed
land, ambient water quality, ecologically sensitive areas and unique
resources, and will not unduly burden public services.
(4)
Pinelands resource-related industrial and manufacturing
uses, excluding resource extraction and uses that rely on sand or
gravel as raw products, where permitted, shall provide that:
[Amended 4-28-1997 by Ord. No. O-27-97]
(5)
The continuation of existing resource extraction operations, where permitted, must meet the standards of § 175-130 and N.J.A.C. 7:50-6, Part VI.
[Added 4-28-1997 by Ord. No. O-27-97]
(6)
Nonclustered residential development in the FD-10 and FD-40 Districts. Single-family detached dwellings which are not clustered in accordance with the standards of § 175-94.1 may be permitted as a conditional use in the FD-10 and FD-40 Districts, provided that:
[Added 3-27-2012 by Ord. No. O:11-2012]
(a)
The Planning Board finds that:
F.
Additional standards for accessory permitted uses.
(1)
Agricultural accessory uses, where permitted, shall
meet the following requirements:
(a)
Any building which is a stable or a shelter
for livestock shall be located no closer than 50 feet from any side
lot line and 100 feet back from any street line.
(b)
Seasonal agricultural employee housing must
have a building setback of 100 feet from any street and 50 feet from
any property line.
(2)
An agricultural commercial establishment operating
as an accessory use rather than as principal permitted use shall meet
the following additional requirements. It shall:
[Amended 5-21-1990 by Ord. No. O-11-90]
(a)
Be an accessory use to a farm, the farm being
the principal use of the site.
(b)
Sell only farm or nursery products grown on
the premises.
(c)
Be of a seasonal nature.
(d)
Be subject to the regulations applicable to
the principal use of the property as limited or amended herein.
(e)
Be subject to the following additional standards:
[1]
Adequate off-street parking spaces shall be
provided.
[2]
If sales are to be conducted in the evening,
said stand and all access and exit points shall be properly illuminated
in accordance with the standards of this chapter.
[3]
The stand shall either be removed or kept in
good condition during the seasons when sales are not being made.
G.
Additional standards for nonresidential structures:
[Added 10-3-1988 by Ord. No. O-21-88[2]]
(1)
Minimum lot areas for nonresidential structures shall be determined by application of the standards contained in § 175-149G, whether or not the lot is to be served by a centralized sewer treatment of collection system pursuant to D(5) above.
(2)
No nonresidential structure shall be located on a
parcel of less than one acre in size.
[Added 4-28-1997 by Ord. No. O-27-97]
[2]
Editor's Note: This ordinance also renumbered
former Subsection G as Subsection H.
H.
Schedule of Limitations.[3]
[3]
Editor's Note: The Schedule of Limitations for the forest area zoning districts is included at the end of this chapter.
A.
Purpose. The Agricultural Production Zoning District
is intended to foster the continuation and expansion of agriculture
in the Township. The further intent is to minimize the encroaching
of nonagricultural uses into established agricultural areas and to
protect the overall ecological values of such areas. Pinelands development
credits shall be permitted in this district.
B.
Permitted uses.[1]
[1]
Editor's Note: A listing of the permitted uses for the Agricultural Production Zoning District is included at the end of this chapter.
C.
Additional standards for principal uses. The following
standards shall apply to the uses set forth below:
(2)
Agricultural commercial establishments, excluding
supermarkets, restaurants and convenience stores, where permitted,
shall meet the standards that:
[Amended 10-3-1988 by Ord. No. O-21-88]
(a)
The principal goods or products available for
sale were produced in the Pinelands.
(b)
The sales area of the establishment does not
exceed 5,000 square feet. The sales area shall include both outdoor
and indoor areas of display of merchandise, whether or not within
a structure.
(c)
Adequate off-street parking spaces shall be
provided.
(d)
If sales are to be conducted in the evening,
all access and exit points shall be properly illuminated in accordance
with the standards of this chapter.
(3)
Agricultural processing facilities where such use
is the principal use of the lot and is not an accessory use to an
active agricultural operation for the packaging of produce grown on
the same site shall meet the following requirements. It shall:
(a)
Contain a minimum of five acres of lot area;
provided, however, that this minimum area requirement shall be increased
to accommodate the septic dilution requirements for those uses dependent
upon the on-site disposal of employee-generated wastewater.
(4)
Residential dwellings units at a gross density of
one unit per 40 acres may be constructed, provided that:
(a)
The unit(s) shall be clustered on one acre lots.
(b)
The remainder of the parcel, including all contiguous
lands in common ownership, which is not assigned to individual residential
lots shall be permanently dedicated for agricultural uses through
recordation of a restriction on the deed to the parcel.
(c)
The restriction on the deed to the parcel, including
any rights to be redeemed for future residential development, shall
be done in accordance with N.J.A.C. 7:50-5, Part IV, so as to sever
any Pinelands development credits allocated to the parcel.
[2]
Editor's Note: This ordinance also provided
for the repeal of former Subsection C(4), regarding institutional
uses.
(5)
Residential dwelling units not to exceed a gross density
of one unit per 10 acres may be constructed, provided that:
[Added 10-3-1988 by Ord. No. O-21-88]
(a)
The dwelling is accessory to an active agricultural
operation.
(b)
The dwelling is for an operator or employee
of the farm who is actively engaged in and essential to the agricultural
operation.
(c)
The dwelling is located on a lot which is under
or qualified for agricultural assessment.
(d)
The dwelling is located on a lot which has an
active production history or where a farm management plan has been
prepared which demonstrates that the property will be farmed as a
unit unto itself or as part of another farm operation in the area.
(e)
A residential lot has not been subdivided from the property within the previous five years unless the lot has been subdivided pursuant to § 175-157H.
[Amended 5-21-1990 by Ord. No. O-11-90]
(f)
No more than one lot may be created for a dwelling
pursuant to this subsection at any one time.
[Added 5-21-1990 by Ord. No. O-11-90]
D.
Additional standards for conditional uses.
(1)
Low-intensity recreational uses, where permitted,
shall provide that:
(a)
The parcel proposed for low-intensity recreational
use has an area of at least 50 acres.
(b)
The recreational use does not involve the use
of motorized vehicles except for necessary transportation.
(c)
Access to bodies of water is limited to no more
than 15 linear feet of frontage per 1,000 feet of water body frontage.
(d)
Clearing of vegetation, including ground cover
and soil disturbance, does not exceed 5% of the parcel.
(e)
No more than 1% of the parcel will be covered
with impervious surfaces.
[Amended 3-27-2012 by Ord. No. O:11-2012]
(2)
Expansion of intensive recreational uses, where permitted,
must meet the standards that:
(a)
The intensive recreational use was in existence
on February 7, 1979, and the capacity of the use will not exceed two
times the capacity of the use on February 7, 1979.
(b)
The use is necessary to achieve recreational
use of a particular element of the existing Pinelands environment.
(c)
The use is environmentally and aesthetically
compatible with the character of the Pinelands Agricultural Production
Area and the characteristics of the particular basin in which the
use is to be located, taking into consideration the proportion of
cleared and developed land, ambient water quality, ecologically sensitive
areas and unique resources and will not unduly burden public services.
[3]
Editor's Note: This ordinance also provided
for the repeal of former Subsection D(2), regarding campgrounds, and
redesignated former Subsection D(3) and (4) as Subsection D(2) and
(3).
(3)
Pinelands resource-related industrial and manufacturing
uses, excluding resource extraction and uses that rely on sand or
gravel as raw products, where permitted, shall provide that:
[Amended 4-28-1997 by Ord. No. O-27-97]
E.
Additional standards for accessory permitted uses.
(1)
Agricultural accessory uses, where permitted, shall
meet the requirements that:
(a)
Any building which is a stable or a shelter
for livestock shall be located no closer than 50 feet from any side
lot line and 100 feet back from any street line.
(b)
Seasonal agricultural employee housing must
have a building setback of 100 feet from any street and 50 feet from
any property line, and must comply with all applicable state regulations
regarding said use.
(c)
Agricultural employee housing is permitted only
as an element of and accessory to an active agricultural operation.
[Amended 10-3-1988 by Ord. No. O-21-88]
(2)
Airports and heliports when accessory to an ongoing
agricultural operation and used exclusively for the storage, fueling,
loading and operation of aircraft as part of said use are permitted.
(3)
An agricultural commercial establishment operating
as an accessory use rather than as a principal permitted use shall
meet the following additional requirements. It shall:
[Amended 5-21-1990 by Ord. No. O-11-90]
(a)
Be an accessory use to a farm, the farm being
the principal use of the site.
(b)
Sell only farm or nursery products grown on
the premises.
(c)
Be of a seasonal nature.
(d)
Be subject to the regulations applicable to
the principal use of the property as limited or amended herein.
(e)
Be subject to the following additional standards:
[1]
Adequate off-street parking spaces shall be
provided.
[2]
If sales are to be conducted in the evening,
said stand and all access and exit points shall be properly illuminated
in accordance with the standards of this chapter.
[3]
The stand shall either be removed or kept in
good condition during the season when sales are not being made.
F.
Additional standards for nonresidential structures:
[Added 10-3-1988 by Ord. No. O-21-88[4]]
(1)
Minimum lot areas for nonresidential structures shall be determined by application of the standards contained in § 175-149G, whether or not the lot is to be served by a centralized sewer treatment or collection system pursuant to C(6) above.
(2)
No nonresidential structure shall be located on a
parcel of less than one acre in size.
[Added 4-28-1997 by Ord. No. O-27-97]
[4]
Editor's Note: This ordinance also renumbered
former Subsection F as Subsection G.
G.
Schedule of Limitations.[5]
[5]
Editor's Note: The Schedule of Limitations for the Agricultural Production Zoning District is included at the end of this chapter.
A.
Purpose.
(1)
The rural development zoning district is transitional
in nature. It is fragmented by existing development and agricultural
uses. The area is relatively open in nature and is, thus, important
from a cultural, visual and ecological standpoint. The intention of
the Zoning Plan and Ordinance is to both maintain, where practical,
the existing character of the district and preserve it as land reservoirs
for future community development. The uses in this district are controlled
essentially by the Township so long as they have only a moderate impact.
(2)
The Pinelands plan has permitted residential dwelling units in the rural development area, provided that the total number of new units does not exceed one dwelling unit for every 3.2 acres of privately owned undeveloped land which is not defined in this chapter as wetland. The RD-RR, RD-RS and RD-A Zoning Districts have been designed to meet this density requirement. Cluster development is required in accordance with § 175-94.1 whenever two or more units are proposed as part of a residential development in these zoning districts.
[Amended 3-27-2012 by Ord. No. O:11-2012]
(3)
Finally, the Township has reserved the option to designate
a portion of the rural development area as a municipal growth reserve.
B.
Permitted uses.[1]
[1]
Editor's Note: A listing of the permitted uses for the rural development zoning districts is included at the end of this chapter.
C.
Additional standards for principal permitted uses.
(1)
All cluster residential developments in any rural development area zoning district shall comply with the requirements for cluster development in § 175-94.1 of this chapter.
[Amended 10-3-1988 by Ord. No. O-21-88; 4-28-1997 by Ord. No. O-27-97; 3-27-2012 by Ord. No.
O:11-2012]
(2)
Agricultural commercial establishments, where permitted,
shall meet the standards that:
(a)
The principal goods or products available for
sale were produced in the Pinelands; and
(b)
The sales area of the establishment does not
exceed 5,000 square feet. The sales area shall include both outdoor
and indoor areas of display of merchandise, whether or not within
a structure.
(c)
Adequate off-street parking spaces shall be
provided.
(d)
If sales are to be conducted in the evening,
all access and exit points shall be properly illuminated in accordance
with the standards of this chapter.
(3)
Institutional uses, where permitted, shall meet the
following standards:
(a)
In addition to all other standards of this chapter,
the Board may defer to other governmental agencies where they may
provide standards for the proposed use.
(b)
The Board shall base its approvals upon compliance
with the standards of other approving agencies and shall seek to have
the use constructed so as not to adversely impact the surrounding
uses and so as to harmoniously blend with the other uses in the zone.
(4)
Public service infrastructure, except that centralized wastewater treatment and collection facilities shall be permitted to serve the Rural Development Area Districts only in accordance with § 175-149E.
[Added 10-3-1988 by Ord. No. O-21-88; amended 4-28-1997 by Ord. No. O-27-97]
D.
Additional standards for conditional uses.
(1)
Agricultural processing facilities where such use is the principal use of the lot and is not an accessory use to an active agricultural operation for the packaging of produce grown on the same site shall meet the same conditions as those for light industrial uses in Subsection D(2).
(2)
Light industrial uses, where permitted, shall:
(a)
Contain a minimum of five acres of lot area;
provided, however, that this minimum area requirement shall be increased
to accommodate the septic dilution requirements for those uses dependent
upon the on-site disposal of employee-generated wastewater.
(b)
Comply with all other requirements relating to water quality pursuant to § 175-149 of this chapter.
(c)
Comply with the other area, yard, setback and buffer requirements for such uses as contained in Subsection F of this section.
(d)
In any zone where a light industrial use is
conditional, any building and site so used shall be designed and constructed
so as in its visible features to be nonindustrial in appearance, that
is, in terms of building scale, exterior finish, roofline and material,
landscaping and other visible features. For example, unpainted walls
or unpainted cinder-block walls shall not be permitted as the final
exterior element; landscaping shall be used to soften or mask loading
areas; and rooflines shall be disguised with a facade, which shall
visually protect roof equipment as well.
[Added 7-21-1992 by Ord. No. O-27-92]
(3)
Local retail sales and service establishments, where
permitted, shall:
(a)
Meet the definition of "community commercial" in terms of permitted uses as defined in Article III of this chapter.
(b)
Contain at least a minimum of one acre of lot
area; provided, however, that this minimum area requirement shall
be increased to accommodate the septic dilution requirements of those
uses dependent upon on-site disposal of any generated wastewater.
(4)
Wholesale distribution and warehouse facilities, where
permitted, shall:
(a)
Contain a minimum of five acres of lot area;
provided, however, that this minimum area requirement shall be increased
to accommodate the septic dilution requirements for those uses dependent
upon the on-site disposal of employee-generated wastewater.
(5)
Residential airparks shall be permitted in the RD-A
and RD-I Zoning Districts, provided that the following conditions
are met:
[Added 5-21-1990 by Ord. No. O-11-90; amended 12-17-1990 by Ord. No. O-31-90; 2-15-1993 by Ord. No. O-5-93]
(a)
An existing airport facility shall be included
in its design.
(b)
A minimum of 200 acres shall be included in
the total project.
(c)
A minimum of 40 dwelling units shall be included. All dwelling units shall be clustered in accordance with § 175-94.1.
[Amended 3-27-2012 by Ord. No. O:11-2012]
(d)
All appropriate requirements of the Federal
Aviation Administration and New Jersey Department of Transportation
shall be met.
(e)
The design shall provide access between the
lots and the existing airport facility.
(6)
Nonclustered residential development in the RD-RR, RD-RS and RD-A Districts. Single-family detached dwellings which are not clustered in accordance with the standards of § 175-94.1 may be permitted as a conditional use in the RD-RR, RD-RS and RD-A Districts, provided that:
[Added 3-27-2012 by Ord. No. O:11-2012]
(a)
The Planning Board finds that:
E.
Additional standards for accessory permitted uses.
(1)
Agricultural accessory uses, where permitted, shall
meet the requirements that:
(a)
Any building which is a stable or a shelter
for livestock shall be located no closer than 50 feet from any lot
line and 100 feet from any street line.
(b)
Seasonal agricultural employee housing shall
be located no closer than 50 feet from any side lot line and 100 feet
from any street.
(c)
Yard requirements for other accessory uses shall
be 50% of those required for principal uses.
(2)
An agricultural commercial establishment operating
as an accessory use rather than as a principal permitted use shall
meet the following additional requirements. It shall:
[Amended 5-21-1990 by Ord. No. O-11-90]
(a)
Be an accessory use to a farm, the farm being
the principal use of the site.
(b)
Sell only farm or nursery products grown on
the premises.
(c)
Be of a seasonal nature.
(d)
Be subject to the regulations applicable to
the principal use of the property as limited or amended herein.
(e)
Be subject to the following additional standards:
[1]
Adequate off-street parking spaces shall be
provided.
[2]
If sales are to be conducted in the evening,
said stand and all access and exit points shall be properly illuminated
in accordance with the standards of this chapter.
[3]
The stand shall either be removed or kept in
good condition during the seasons when sales are not being made.
F.
Additional standards for nonresidential structures:
[Added 10-3-1988 by Ord. No. O-21-88[3]]
(1)
Minimum lot areas for nonresidential structures shall be determined by application of the standards contained in § 175-149G, whether or not the lot is to be served by a centralized sewer treatment of collection system pursuant to C(4) above.
(2)
No nonresidential structure shall be located on a
parcel of less than one acre in size.
[Added 4-28-1997 by Ord. No. O-27-97]
[3]
Editor's Note: This ordinance also renumbered
former Subsection F as Subsection G.
G.
Schedule of Limitations.[4]
[4]
Editor's Note: The Schedule of Limitations for the rural development zoning districts is included at the end of this chapter.
A.
Purpose.
(1)
The regional growth zoning districts consist of those
lands within the Township and the Pinelands which are capable of absorbing
development to a high degree and where the pressure to develop is
great. Growth is encouraged in these districts. The intent is to encourage
a mix of housing types at moderate densities and to allow for innovative
design approaches which will benefit the community as well as reduce
the impact created by new housing.
(2)
Compatible residential, commercial and industrial
development is encouraged in or adjacent to areas already utilized
for such purposes and to accommodate orderly regional growth influences.
The Township has the flexibility to allow density bonuses within residential
developments with the use of Pinelands development credits and other
local incentive programs.
(3)
Density requirements shall not apply to the RG-30
and RG-40 Zoning Districts.
[Added 11-23-2004 by Ord. No. O-37-2004]
B.
Permitted uses.[1] All municipal structures as defined in § 175-11 are permitted in this zone.
[Amended 3-27-2001 by Ord. No. O-2-2001]
[1]
Editor's Note: A listing of the permitted uses for the regional growth zoning districts is included at the end of this chapter.
C.
Additional standards for principal permitted uses.
(1)
Conventional single-family detached development shall
be permitted at a density of 1.25 units per acre with a minimum lot
size of 27,500 square feet, as in the schedule of limitations, with
a permitted increase to 2.25 units per acre with the use of PDCs with
the bulk requirements for cluster development in the schedule of limitations.
These permitted densities shall not apply to residential development
in the RG-30 and RG-40 Zones; only the minimum lot area requirements
for single-family detached uses shall apply.
[Added 10-3-1988 by Ord. No. O-21-88; amended 12-4-2006 by Ord. No. O-50-2006]
(2)
All cluster residential developments in any regional growth area zoning district shall comply with both the general requirements for cluster development in § 175-94 of this chapter and with the following specific provisions:
(a)
Cluster developments shall include only single-family
detached or two-family/twin dwellings and shall be allowed only where
the facilities of public sanitary sewers are or can be made available
to service the project.
(b)
Cluster developments shall be comprised of,
at a minimum, 20 single-family detached or two-family/twin dwelling
units.
(c)
The maximum number of dwelling units and/or
building lots which can be built in a cluster development shall be
calculated by multiplying the gross area of the project site times
1.25 as permitted with a conventional development approach. The maximum
number of dwelling units or building lots or total dwelling unit yield
may be increased up to 2.25 units per acre, provided that the applicant
and/or developer can submit to the Board proof of the acquisition
of the required amount of Pinelands development credits by the applicant/developer
to account for such increases.
[Amended 2-19-1986 by Ord. No. O-2-86]
(d)
The minimum lot size for cluster developments shall be at least 10,000 square feet for detached units, 17,500 square feet for twin/two-family buildings and 8,750 square feet for each unit of a twin, and all other provisions of Subsection E of this section for yard, setback and other related requirements of cluster developments will apply.
(3)
Planned residential development, where permitted,
shall comply with the following requirements:
(a)
The required minimum tract area shall be 25
acres.
[Amended 2-19-1986 by Ord. No. O-2-86; 10-3-1988 by Ord. No. O-21-88]
(b)
Maximum gross density shall be 3.75 units per
acre over the total acreage proposed for development, provided that:
[1]
Such maximum gross density may be increased
up to 7.4 units per acre with the acquisition of Pinelands development
credits in an amount sufficient to account for the proposed increase
in accordance with the regulations therefor.
[2]
The applicant can demonstrate that the planned
development project will not result in any negative fiscal, physical
or environmental impacts; that the planned development will comply
to all Township design and performance standards for such uses as
contained within this chapter; and that the planned development contributes
positively to stated Township goals, including the promotion of orderly
growth, the development of a community-wide open space system and
the development of the necessary infrastructure to support and maintain
such new growth.
(c)
Housing mix requirements.
[Amended 2-19-1986 by Ord. No. O-2-86]
[1]
The following housing mix requirements shall
be followed:
[Amended 5-21-1990 by Ord. No. O-11-90; 12-17-1990 by Ord. No. O-31-90]
[a]
Single-family detached and/or two-family
units in the following proportions:
|
Gross PRD Density
|
Minimum Percentage
| |
|---|---|---|
|
3.75
|
30
| |
|
Up to 7.4
|
10
|
[b]
Other types of units, not including any structure 35 feet in height or greater, either single-family attached or subject to § 175-89A or flats, in the following proportions at the specified net design densities:
|
Type
|
Gross PRD
Density
|
Maximum
Percentage
|
Net Density
| |
|---|---|---|---|---|
|
Single-family attached
|
3.75
|
20
|
12
| |
|
Up to 7.4
|
50
|
12
| ||
|
Flats
|
3.75
|
20
|
16
| |
|
Up to 7.4
|
50
|
16
|
(d)
Not more than 35% of the gross tract acreage of the project site shall be covered by impervious surfaces, and a minimum of 25% of the gross tract acreage of the project shall be reserved as common open space. The Planning Board may, at its discretion and at the request of the applicant, modify the open space. Such open space areas shall comply with the requirements of § 175-94 of this chapter.
[Amended 2-19-1986 by Ord. No. O-2-86]
(e)
Notwithstanding the provisions of Subsection E of this section relating to requirements for single-family detached units, the following area, yard and bulk requirements shall apply in all planned developments:
[Amended 2-19-1986 by Ord. No. O-2-86]
|
Single-Family Detached Units Where Lots
Abut Open Space
| ||
|---|---|---|
|
Type
|
Requirement
| |
|
Lot area
|
8,000 square feet
| |
|
Lot width
|
70 feet
| |
|
Lot frontage
|
60 feet
| |
|
Front setback*
|
40 feet
| |
|
Side yard**
|
12 feet for one, 20 feet for both
| |
|
Rear yard
|
25 feet
| |
|
NOTES:
* All setbacks shall be measured from the proposed
right-of-way width for any public street as shown on the adopted State,
County or Township Master Plan and/or Official Map.
** Except that corner lots shall have a side
yard of 30 feet adjacent to the nonfronting streets.
| ||
|
Single-Family Detached Dwelling, Lots
Not Abutting Open Space
| ||
|---|---|---|
|
Type
|
Requirement
| |
|
Lot area
|
10,000 square feet
| |
|
Lot width
|
85 feet
| |
|
Lot frontage
|
70 feet
| |
|
Front setback*
|
40 feet
| |
|
Side yard**
|
12 feet for one, 20 feet for both
| |
|
Rear yard
|
25 feet
| |
|
NOTES:
* All setbacks shall be measured from the proposed
right-of-way width for any public street as shown on the adopted State,
County or Township Master Plan and/or Official Map.
** Except that corner lots shall have a side
yard of 30 feet adjacent to the nonfronting streets.
| ||
|
Two-Family Dwellings
[Amended 12-17-1990 by Ord. No. O-31-90] | |||
|
Type
|
Building
|
Unit
| |
|
Lot area (square feet)
|
12,000
|
6,000
| |
|
Lot width (feet)
|
100
|
50
| |
|
Lot frontage (feet)
|
85
|
45
| |
|
Front yard setback (feet)*
|
40
|
40
| |
|
Side yard (feet)**
|
12
|
12 (1 side)
| |
|
Rear yard (feet)
|
25
|
25
| |
|
NOTES:
* All setbacks shall be measured from the proposed
right-of-way width for any public street as shown on the adopted State,
County or Township Master Plan and/or Official Map.
** Except that corner lots shall have a side
yard of 30 feet adjacent to the nonfronting streets.
| |||
(4)
Institutional uses and fraternal or social lodges
or clubs, where permitted, shall meet the following standards:
(a)
In addition to all other standards of this chapter,
the Board may defer to other governmental agencies where they may
provide standards for the proposed use.
(b)
The Board shall base its approvals upon compliance
with the standards of other approving agencies and shall seek to have
the use constructed so as not to adversely impact the surrounding
uses and so as to harmoniously blend with the other uses in the zone.
(5)
Planned commercial developments, where permitted,
may contain any use defined as community commercial in this chapter
as well as business and professional offices and shall comply with
the following:
(a)
Planned commercial developments shall require
maximum attention to proper site design considerations, including
the location of structure and parking areas, proper ingress and egress,
development of an interior street system, architectural design, landscaping
and the compatibility of any proposal with the natural foliage, soils,
contours, drainage patterns and the need to avoid visual intrusions
and performance nuisances upon adjacent residences or residential
zones.
(b)
Gross floor area. Planned commercial uses shall
have a total minimum gross floor area of 40,000 square feet, which
shall be contained within at least two principal buildings which can
be structurally connected for efficient pedestrian circulation.
(c)
Any principal building may contain more than
one use of organization. Any lot may contain more than one principal
building, provided that the total building coverage specified herein
is not exceeded and the following building separation requirements
are met:
[1]
All principal buildings shall be separated by
a minimum of 25 feet, provided that separation is to be used solely
for pedestrian circulation. Principal buildings within planned commercial
uses may be structurally linked, provided that such linkages are part
of a well-conceived architectural design and representative architectural
achievements with such concepts.
[2]
All principal buildings shall be separated by
a minimum of 50 feet when such separation is to be used for parking
or vehicular circulation.
(d)
At least the first 20 feet adjacent to any street
line and 10 feet adjacent to any lot line shall be planted and maintained
in lawn area or ground cover or landscaped with evergreen shrubbery
and shall be separated from the parking area by suitable curbing as
determined by this chapter and the Planning Board during site plan
review.
(e)
No merchandise, products, waste equipment or
similar material or objects shall be displayed or stored outside except
for outdoor storage of mobile equipment.
(f)
All buildings shall be compatibly designed,
whether constructed all at one time or in stages over a period of
time. All building walls facing any street or residential district
line shall be suitably finished for aesthetic purposes.
(g)
All portions of the property not utilized by
buildings or paved surfaces shall be landscaped utilizing combinations
such as landscaped fencing, shrubbery, lawn area, ground cover, rock
formations, contours, existing foliage and the planting of conifers
and/or deciduous trees native to the area in order to either maintain
or reestablish the tone of the vegetation in the area and lessen the
visual impact of the structures and paved areas. The established grades
on any site shall be planted for both aesthetic and drainage purposes.
The grading plan, drainage facilities and landscaping shall be coordinated
to prevent erosion and silting as well as assuring that the capacity
of any natural or man-made drainage system is sufficient to handle
the water generated and anticipated both from the side and contributing
upstream areas.
(h)
A minimum buffer area of 50 feet in width shall be provided along any common property line with a residential district in accordance with § 175-93 of this chapter.
(i)
Parking shall be as required by § 175-123 of this chapter, but in no case shall the total parking area for a planned commercial development be less than the total resulting from a ratio of four to one total parking area to gross floor area.
(j)
Each activity shall provide for off-street loading
and unloading with adequate ingress to and egress from streets and
shall provide such areas at the side or rear of the building. Each
space shall be at least 15 by 40 feet, and one space shall be provided
for every 8,000 square feet of gross floor area or fraction thereof
in each building. There shall be no loading or unloading from the
street.
(k)
Loading area requirements may be met by combining
the floor areas of several activities taking place under one roof
and applying the above ratios.
(l)
There shall be at least one trash and garbage
pickup location provided for each building, which shall be separated
from the parking spaces by the storage of trash and/or garbage in
a steel-like, totally enclosed container located in a manner to be
obscured from view from parking areas, streets and adjacent residential
uses or zoning districts by a fence, wall, planting or combination
of the three. If located within the building, the doorway may serve
both the loading and trash/garbage functions. If a container is used
for trash/garbage functions and is located outside the building, it
may be located adjacent to or within the general landing area(s),
provided that the container in no way interferes with or restricts
loading and unloading functions. All off-street loading areas shall
be lighted.
(6)
Mobile home parks, where permitted, shall be subject
to the Monroe Township Mobile Home Park Ordinance[4] and the following provisions:
[Added 7-21-1992 by Ord. No. O-27-92; amended 10-5-1992 by Ord. No. O-32-92]
(a)
The required minimum tract area shall be 25 acres, and the maximum
size shall be 125 acres in the Pinelands Area of the Township.
[Amended 5-28-2019 by Ord. No. O:14-2019]
(b)
The maximum gross density shall be 7.5 units per acre over total
acreage proposed for new developments, provided that:
[Amended 5-28-2019 by Ord. No. O:14-2019]
[1]
Such maximum gross density may be increased up to 8.0 units per acre, provided that the requirements in § 175-161C(6)(c) have been met and the Planning Board makes a specific finding that the design meets the intent and purpose of this section.
[2]
Pinelands Development Credits shall be used for 10% of all market-rate mobile home units. Mobile home units that are required to be made affordable for low- and moderate-income housing in accordance with § 175-89.1A(7) shall be excluded from the Pinelands Development Credit obligation, including such affordable mobile home units that are required to be constructed off-site in the RG-PR Zone pursuant to the January 2018 Consent Agreement between the Township of Monroe and Summerfields West, LLC.
[3]
The applicant can demonstrate that the mobile home park will
not result in any negative fiscal, physical or environmental impacts,
that the mobile home park will comply with all Township design and
performance standards for such uses as contained within this chapter
and that the mobile home park contributes positively to stated Township
goals, including the promotion of orderly growth, the development
of a community-wide open space system and the development of the necessary
infrastructure to support and maintain such new growth.
(c)
Density. The following density requirements shall be followed:
[Amended 5-28-2019 by Ord. No. O:14-2019]
|
Gross Mobile Home Park Density
(units)
|
Net Density
(units)
|
|---|---|
|
7.5
|
12
|
|
Up to 8
|
12
|
(d)
Not more than 35% of the gross tract acreage of the project site shall be covered by impervious surfaces, and a minimum of 25% of the gross tract acreage of the project shall be reserved as open space subject to § 175-125.
(e)
The following area, yard and bulk requirements
shall apply in all mobile home parks:
|
Type
|
Requirement
|
|---|---|
|
Mobile home site area
|
3,000 square feet
|
|
Mobile home site width
|
30 feet
|
|
Distance between mobile homes
|
15 feet
|
|
Setback of mobile home from accessway
|
10 feet
|
(f)
Mobile home parks shall remain private property.
All on-site improvements except public utilities shall be owned and
maintained by the property owner.
(g)
All mobile home parks shall comply with the
following design and performance standards:
[1]
Accessway width.1
|
Type of Parking
|
Width
(feet)
|
|---|---|
|
1-side parking
|
28
|
|
2-side parking
|
30
|
|
No parking2
|
24
|
|
NOTES:
1 Accessway width
is measured from the outside edges of any mountable curb.
2 If visitor parking
is not permitted on accessways, visitor parking areas are to be provided
at a rate of one parking space per 10 units.
| |
[2]
A sidewalk shall be required along Township
roads. No sidewalk is required along mobile home park accessways.
[3]
A curb shall be required along Township roads.
A curb is not required along mobile home park accessways. The mobile
home park accessways may utilize a beveled or rolled curb.
[4]
Storm sewer pipe is permitted to be located
under the curb on privately owned accessways.
[5]
Accessway grades shall be a minimum of 0.5%.
[6]
Sight triangles at accessway intersections shall
be measured from a point 15 feet behind the curbline of the stop accessway
to a point 100 feet along the center line of the through accessway.
[7]
Accessway lights shall be located, at a minimum,
at each accessway intersection.
(7)
Planned unit developments, where permitted, shall
be subject to the following conditions:
[Added 7-21-1992 by Ord. No. O-27-92; amended 10-5-1992 by Ord. No. O-32-92]
(a)
Purpose: to provide for a flexibility in design
in order that the best project be developed when a tract encompasses
both residential and nonresidential area in the RG Zones.
(b)
Minimums to qualify shall be contiguous property
of at least 10 acres in a nonresidential zone and 25 acres in a residential
zone.
(c)
Design exceptions. When a tract meets the minimums
above, the applicant may design the various elements without specific
regard for the existing zoning district boundary. All provisions in
this chapter for the subject zones must be followed to determine density,
unit types, square footage of nonresidential development and other
requirements. Maximum units and square footage shall not exceed that
permitted under standard zoning for each category within the total
tract. The location of nonresidential land use shall be consistent
with the primary access, both vehicular and visual, being the Black
Horse Pike. However, project and site layout shall be based upon good
design rather than zone boundary.
(8)
Self-service storage facilities shall be permitted as a community commercial use, subject to the requirements of § 175-163I.
[Added 9-26-2000 by Ord. No. O-30-2000]
(9)
Planned large-scale anchor store developments, where
permitted, may contain any use defined as community commercial in
this chapter as well as business and professional offices, public
garages, garden centers, service stations and establishments with
drive-through windows and shall comply with the following:
[Added 8-22-2006 by Ord. No. O-34-2006; amended 4-24-2007 by Ord. No. O-15-2007]
(a)
Planned large-scale developments shall require
maximum attention to proper site design considerations, including
the location of structure and parking areas, proper ingress and egress,
development of an interior street system, architectural design, landscaping
and the compatibility of any proposal with the natural foliage, soils,
contours, drainage patterns and the need to avoid visual intrusions
and performance nuisances upon adjacent residences or residential
zones.
(b)
All exterior building elevations that face public
streets and/or customer parking areas shall be designed so that there
are no large expanses of blank walls. This requirement can be met
by employing the use of architectural features, including but not
limited to the following: doors, windows, pilasters, columns, horizontal
and vertical offsets, material and color variations, decorative cornices,
awnings, canopies, murals and graphics. In order to assure conformance
with this requirement, exterior building elevations must be reviewed
and approved as a part of the overall final site plan review process.
(c)
Gross floor area. Planned anchor store development
uses shall have a total minimum gross floor area of 100,000 square
feet, which may be contained within at least two principal buildings
which can be structurally connected for efficient pedestrian circulation.
(d)
Minimum lot frontage, front yard, side yard
and rear yard setback requirements shall not be regarded as inflexible,
nor shall they be applied in a manner that will adversely affect full
implementation of a plan of development. The attainment of these requirements
shall not be considered justification for building placement and proper
site plan design without other considerations set forth in this chapter.
(e)
Any principal building may contain more than
one use of organization. Any lot may contain more than one principal
building, provided that the total building coverage specified herein
is not exceeded and the following building separation requirements
are met:
[1]
All principal buildings shall be separated by
a minimum of 25 feet, provided that separation is to be used solely
for pedestrian circulation. Principal buildings within planned anchor
store uses may be structurally linked, provided that such linkages
are part of a well-conceived architectural design and are representative
architectural achievements with such concepts.
[2]
All principal buildings shall be separated by
a minimum of 50 feet when such separation is to be used for parking
and vehicular circulation.
(f)
At least the first 20 feet adjacent to any street
line and 10 feet adjacent to any lot line shall be planted and maintained
in lawn area or ground cover or landscaped with evergreen shrubbery
and shall be separated from the parking area by suitable curbing as
determined by this chapter and the Planning Board during site plan
review.
(g)
Establishments with drive-through windows:
[1]
A drive-through facility shall be architecturally
integrated with and into the principal building.
[2]
A drive-through facility shall not be located
on the street side of the building or in front of the front building
setback line.
[3]
A drive-through facility shall be permitted
only at locations where such facility is not a dominant visual element
on the site.
[4]
A drive-through facility, accompanying driveway
and associated signage shall be set back a minimum distance of 50
feet from any land zoned for residential development.
[5]
A drive-through facility and associated signage
shall be provided with landscaping to visually enhance views of the
facility, signage and driveway as seen from the surrounding area.
[6]
A drive-through facility may be permitted, provided
that such a facility does not adversely impede or conflict with pedestrian
and/or vehicular circulation.
[7]
The Planning Board shall be satisfied that the
on-site and off-site traffic circulation is capable of accommodating
the proposed traffic volume associated with such facility, particularly
during peak hours. The stacking driveway for the drive-through window
shall provide room for at least five automobiles and shall be completely
separated from any off-street parking areas and their access aisles,
loading areas, and/or trash enclosures.
(h)
No waste equipment or similar material or objects
shall be displayed or stored outside except for outdoor storage of
mobile equipment.
(i)
The accessory merchandising and sale of retail
goods is permitted upon sidewalks adjacent to structures, so long
as there is an area of the sidewalk which is not merchandised, and
satisfies the ordinance standard for free flow sidewalk depth, i.e.,
a ten-foot sidewalk merchandised to four feet allowing a six-foot
free passage.
(j)
All buildings shall be compatibly designed,
whether constructed all at one time or in stages over a period of
time. All building walls facing any street or residential district
line shall be suitably finished for aesthetic purposes.
(k)
All portions of the property not utilized by
buildings or paved surfaces shall be landscaped utilizing combinations
such as landscaped fencing, shrubbery, lawn area, ground cover, rock
formations, contours, existing foliage and planting of conifers and/or
deciduous trees native to the area in order to either maintain or
reestablish the tone of the vegetation in the area and lessen the
visual impact of the structures and paved areas. The established grades
on any site shall be planted for both aesthetic and drainage purposes.
The grading plan, drainage facilities and landscaping shall be coordinated
to prevent erosion and silting as well as assuring that the capacity
of any natural or man-made drainage system is sufficient to handle
the water generated and anticipated both from on-site and contributing
upstream areas.
(l)
A minimum buffer area of 50 feet in width shall be provided along any common property with a residential district in accordance with § 175-93 of this chapter.
(m)
There shall be at least one trash and garbage
pickup location provided for each building, which shall be separated
from the parking spaces by the storage of trash and/or garbage in
steel-like, totally enclosed containers located in a manner to be
obscured from view from parking areas, streets and adjacent residential
uses or zoning districts by a fence, wall, planting or combination
of the three. If located within the building, the doorway may serve
both the loading and trash/garbage functions. If a container is used
for trash/garbage functions and is located outside the building, it
may be located adjacent to or within the general landing area(s),
provided that the container in no way interferes with or restricts
loading and unloading functions. All outside loading areas shall be
lighted.
(n)
The applicant shall provide a signage plan that
addresses all permanent and temporary signs, including freestanding
and facade, subject to Planning Board review and approval as to size,
location, quantity, color, material, lighting, landscaping, and height.
D.
Standards for accessory uses. Yard requirements for
accessory uses may be reduced by up to 50% of the requirements for
principal uses within the specific district.
E.
Schedule of Limitations.[5]
[5]
Editor's Note: The Schedule of Limitations for the regional growth zoning districts is included at the end of this chapter.
F.
Conditional uses. When permitted as conditional uses,
professional offices, general offices, medical offices, legal offices,
real estate offices and insurance offices shall be subject to the
following conditions:
[Added 6-20-1988 by Ord. No. O-15-88; amended 10-23-2001 by Ord. No. O-31-2001; 11-23-2004 by Ord. No.
O-37-2004]
(1)
Uses shall front on Main Street, with principal access
to the street.
(2)
The primary architectural facade must face the street
and the design of any building and must be compatible with the residential
character of the area. All facades shall be designed to provide architectural
interest.
(3)
The use will not detract from the character of the
neighborhood.
(4)
Noise and lighting will be minimized, mitigated and/or
shielded so as not to adversely affect adjacent residential uses.
(5)
All of the area, yard, building coverage, height,
parking, sign and general requirements of the Regional Growth Commercial
(RG-C) District and other appropriate requirements of the Land Management
Ordinance shall be met.
(6)
A minimum twenty-five-foot-wide landscape buffer shall
be provided adjacent to residential zones or existing residential
uses with the intent to provide a continuous solid landscape screen.
G.
[6]No residential dwelling unit shall be located on a parcel of less than one acre unless served by either a centralized wastewater treatment plant or a community on-site wastewater treatment system which meets the standards of § 175-149H or § 175-149I, provided the overall residential density on the parcel does not exceed one dwelling unit per acre. Notwithstanding this one-acre requirement, an application for residential development not served by sewers or a community on-site system on lots between 34,848 square feet and one acre in size in the Regional Growth Area may be considered without the necessity for a municipal lot size or density variance, provided that a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
[Added 2-15-1993 by Ord. No. O-5-93; amended 11-23-2004 by Ord. No. O-55-2004]
[6]
Editor's Note: Former Subsection G, Mobile
home parks; conditions, added 5-21-1990 by Ord. No. O-11-90, was repealed
7-21-1992 by Ord. No. O-27-92. It was also repealed 10-5-1992 by Ord.
No. O-32-92.
H.
Assisted-living facilities. Assisted-living facilities
shall meet the following requirements:
[Added 11-24-1998 by Ord. No. O-44-98]
(1)
Assisted-living facilities may be developed on the same lot as an institutional use, notwithstanding the provisions of § 175-127.
(2)
Minimum lot size. The required minimum lot size for
an assisted-living facility shall be five acres.
(3)
Density.
(a)
Maximum gross density shall be 3.75 units per
acre, provided that this density may be increased to eight units per
acre with the acquisition of Pinelands development credits in an amount
sufficient to account for the proposed increase in accordance with
the regulations thereof. For purposes of computing density, each separate
apartment or unit where one or more individuals reside in the assisted-living
facility shall be considered one dwelling unit. Units in an assisted-living
facility which is entirely a dementia-care facility shall not be included
in the calculation of residential density.
(b)
The acreage used to calculate the assisted-living
facility density shall be the total lot area reduced by the area occupied
by any other use on the lot including any dementia-care facility.
(4)
Minimum lot width. The minimum lot width for an assisted-living
facility shall be no less than 300 feet.
(5)
Minimum lot depth. The minimum lot depth for an assisted-living
facility shall be no less than 400 feet.
(6)
Parking lots and driveways shall be set back 20 feet
from any right-of-way.
[Added 11-23-2004 by Ord. No. O-38-2004]
A.
Intent. The intent of the Regional Growth Residential
Age-Restricted (RG-RA) District is to promote residential development
on appropriately located tracts of land in the Pinelands Areas of
the Township, especially designed to meet the special housing needs
of older persons, with special emphasis on their particular physical
and social needs. The parcels of land assembled for these developments
shall be of sufficient size to permit the unified development of tracts
of land with primary access to the principal or collector roads of
the Township.
B.
Age and occupancy requirements. The following age
and occupancy requirements shall apply to all dwelling units in a
regional growth residential age-restricted development:
(1)
Permanent residents shall be at least 55 years
of age, except that a spouse may occupy a unit together with his or
her spouse who is at least 55 years of age. "Permanent residents"
are defined as people who live in the units more than 30 days in any
twelve-month period.
(2)
A maximum of one child, 18 years of age or older,
may reside as a permanent resident with his or her parent(s) or legal
guardian(s).
(3)
No more than three permanent residents shall
occupy any one unit.
C.
Use.
(1)
Principal permitted uses.
(a)
Single-family detached dwellings.
(b)
Two-family (duplex or twin) dwellings.
(d)
Condominium flats, subject to the following
requirements:
[1]
Buildings shall be arranged in
groups or clusters to form architectural space (i.e., village squares,
plazas, courtyards and traditional "streets" with "on-street parking").
A combination of these techniques shall be employed. Long, monotonous
rows of buildings using repetitive architecture shall be prohibited.
[2]
The total length of any one building
shall not exceed 200 feet.
[3]
Buildings shall be designed in
a common architectural style. Care shall be taken to incorporate elements
and rhythms to reinforce human scale. Each unit shall have either
an outside deck, balcony or French balconette.
[4]
Parking areas shall be located
within 100 feet of the building being served. Garage parking is encouraged
for at least one parking space per unit.
[5]
No more than 60 spaces shall be
provided in a single parking area.
[6]
No more than 15 parking spaces
shall be provided in a continuous row without an adequate landscaped
break of at least 10 feet.
[7]
A minimum of 10% of the parking
area shall be devoted to landscaping.
[8]
"On-street" parking shall be required
and may serve as overflow parking. Public or private, a street shall
be defined as road serving internal circulation for the project.
(g)
Public service infrastructure.
(2)
Conditional uses.
(a)
Mobile home parks, subject to the requirements of the Township's Mobile Home Park Ordinance (Chapter 289) and § 175-161C(6). Mobile home parks shall not be subject to the requirements of § 175-161.1D, E, F, and G.
[Amended 5-28-2019 by Ord. No. O:14-2019]
(b)
Institutional uses, subject to § 175-162D(1).
(3)
Permitted accessory uses.
D.
Area and bulk requirements.
(1)
Tract area. The minimum required tract area
for residential age-restricted developments is 20 acres.
(2)
Development shall not exceed a maximum gross density of 3.75
units per acre, with a permitted increase to 7.4 units per acre in
developments containing townhouses and/or condominiums, provided the
applicant can demonstrate that the age-restricted development project
will not result in any negative fiscal, physical or environmental
impacts; that the development will comply with all Township design
and performance standards for such uses as contained within the Land
Management Ordinance; and that the age-restricted residential development
contributes positively to stated Township goals, including the promotion
of orderly growth, the development of a community-wide open space
system and the development of the necessary infrastructure to support
and maintain such new growth.
[Amended 5-28-2019 by Ord. No. O:14-2019]
(3)
Single-family detached units, single-family
attached (townhouse) units and flats (condominiums) shall be permitted
in the following proportions and at the specified net design densities:
[Amended 12-4-2006 by Ord. No. O-50-2006]
|
Type
|
Maximum Gross Density
|
Maximum Percentage
|
Maximum Net Density
|
|---|---|---|---|
|
SF detached
|
3.75
|
50
|
6
|
|
Twins
|
3.75
|
50
|
12
|
|
Up to 7.4
| |||
|
Townhouses
|
3.75
|
80
|
12
|
|
Up to 7.4
|
70
|
12
| |
|
Condominiums
|
3.75
|
20
|
16
|
|
Up to 7.4
|
40
|
16
|
(4)
Bulk requirements.
(a)
Single-family detached dwellings:
[1]
Minimum lot area: 6,600 square
feet.
[2]
Minimum lot frontage/width: 60
feet.
[3]
Minimum lot depth: 110 feet.
[4]
Minimum front yard: 20 feet. Corner
lots shall provide the minimum front yard requirement for both intersecting
streets.
[5]
Minimum side yard: five feet for
one side, 15 feet total. There shall be a minimum of 15 feet between
dwellings.
[6]
Minimum rear yard: 20 feet.
[7]
Maximum lot coverage: 55%.
[8]
Maximum building height: 35 feet.
(b)
Two-family (duplex or twin) dwellings:
[1]
Minimum lot area: 12,000 square
feet per building, 6,000 square feet per unit.
[2]
Minimum lot frontage/width: 100
feet per building, 50 feet per unit.
[3]
Minimum lot depth: 110 feet.
[4]
Minimum front yard: 20 feet. Corner
lots shall provide the minimum front yard requirement for both intersecting
streets.
[5]
Minimum side yard: five feet for
one side, 15 feet total. There shall be a minimum of 15 feet between
dwellings.
[6]
Minimum rear yard: 20 feet.
[7]
Maximum lot coverage: 50%.
[8]
Maximum building height: 35 feet.
(c)
Single-family attached dwellings (townhouses):
[1]
Minimum lot area: 2,000 square
feet.
[2]
Maximum lot area: 3,000 square
feet.
[3]
Minimum lot depth: 100 feet.
[4]
Minimum lot width: 20 feet.
[5]
Maximum front yard: 15 feet.
[6]
Minimum rear yard: 20 feet.
[7]
Minimum side yard (end units):
25 feet; may be reduced to 15 feet with enhanced architectural treatment
of end wall, including special fenestration or side entry units and
upgraded facade materials. All facades of townhouses shall be articulated
with fenestration. There shall be no blank walls.
[8]
Minimum distance from building
front or rear wall to building front or rear wall: 70 feet.
[9]
Minimum distance from building
rear wall to building rear wall: 50 feet.
[10]
Minimum distance from any building
wall to public right-of-way, street or paved parking area: 12 feet.
[11]
Minimum distance from any building
wall to perimeter lot line: 50 feet.
[12]
It is encouraged that a variety
of unit widths and sizes be provided. The minimum width for an individual
unit shall be 20 feet, and the maximum width for an individual unit
shall be 30 feet. A minimum of 20% and a maximum of 60% of the units
shall be 20 feet to 24 feet wide, and a minimum of 20% of the units
shall be 26 feet to 30 feet wide.
[13]
Maximum lot coverage: 75%.
[14]
Maximum building height: 35 feet.
[15]
There shall be no more than eight
units in any one building.
(d)
Flats:
[Amended 12-4-2006 by Ord. No. O-50-2006]
[1]
Minimum distance from building
end wall to building end wall: 40 feet; with no end wall window: 20
feet.
[2]
Minimum distance from building
front or rear wall to building front or rear wall: 70 feet.
[3]
Minimum distance from building
rear wall to building rear wall: 50 feet.
[4]
Minimum distance from any building
wall to public right-of-way, street or paved parking area: 20 feet.
[5]
Minimum distance from any building
wall to perimeter lot line: 50 feet.
[6]
Maximum building length: 200 feet.
[7]
Maximum site coverage: 35%.
[8]
Maximum building height: 40 feet;
50 feet with first-floor garage parking.
E.
Buffers. A landscaped buffer, 50 feet wide, shall be provided along the entire perimeter of a regional growth residential age-restricted development. The buffer, designed in accordance with § 175-93, shall contain existing wooded areas, dense plantings of evergreen trees and shrubs or landscaped earth berms. Buffer areas shall be developed in an aesthetic manner for the primary purpose of providing a year-round visual screen to the regional growth residential age-restricted development from adjacent rights-of-way and land uses. Fences, walls or structures shall not be permitted in the required buffer area.
F.
Open space and recreation.
(1)
A minimum of 35% of the total tract area shall be set aside as common open space, and shall conform to the requirements of § 175-125.
(2)
All lands set aside for open space shall be
developed with active and passive recreational facilities to service
the needs of the residents of the residential age-restricted development.
Such facilities may include a swimming pool, tennis courts, shuffleboard
courts, bicycling trails, hiking trails, putting greens and/or picnic
areas. Regional growth residential age-restricted developments containing
200 or more units shall provide a community building as the focal
point of recreational activities within the development. Walking paths
and bicycle paths shall be integrated in the design of the project
and, where practical, connect to the Township's system.
G.
Additional standards for regional growth residential
age-restricted developments.
(1)
The layout and design of residential age-restricted
developments shall create a recognizable community center that encourages
pedestrian traffic and circulation.
(2)
All structures shall be constructed with a compatible
architectural theme, with appropriate variations in design to provide
attractiveness to the development.
(3)
All dwelling units shall connect to an approved
and functioning central water and sanitary sewage treatment system.
(4)
A homeowners' association shall be created,
subject to the approval of the Planning Board, to ensure maintenance
of all common areas and facilities.
(5)
Private residential swimming pools, utility
sheds and/or other accessory buildings are specifically prohibited.
(6)
Fencing shall not be permitted, unless required
and/or approved by the Planning Board.
(7)
No storage of boats, trailers or campers shall
be permitted on any individual residential lot.
(8)
Pinelands Development Credits shall be used for 25% of all units in the RG-RA Zone, excluding those that are required to be made affordable for low- and moderate-income housing in accordance with § 175-89.1A(6).
[Added 12-4-2006 by Ord. No. O-50-2006; amended 5-28-2019 by Ord. No.
O:14-2019]
[Added 11-23-2004 by Ord. No. O-43-2004]
The following regulations shall apply in the
RG-40 Zone District:
A.
Conditional uses: professional office, general office,
medical office, legal office, real estate office and insurance office,
subject to the following conditions:
(1)
Uses shall front on Main Street with principal
access to the street.
(2)
The primary architectural facade must face the
street, and the design of any building must be compatible with the
residential character of the area. All facades shall be designed to
provide architectural interest.
(3)
The use will not detract from the character
of the neighborhood.
(4)
Noise and lighting will be minimized, mitigated
and/or shielded so as not to adversely affect adjacent residential
uses.
(5)
All of the area, yard, building coverage, height,
parking, sign and general requirements of the Commercial (C) District
and other appropriate requirements of this chapter shall be met.
(6)
A minimum twenty-five-foot-wide landscape buffer
shall be provided adjacent to residential zones or existing residential
uses with the intent to provide a continuous solid landscape screen.
[Added 5-25-2010 by Ord. No. O:07-2010]
A.
Intent. The intent of the Regional Growth Mixed-Use (RG-MU) District
is to promote residential and community commercial development on
appropriately located tracts of land in the Pinelands Area of the
Township, designed in part to meet the special housing needs of older
persons, with special emphasis on their particular physical needs,
and in part to meet the housing needs of low- and moderate-income
persons. The parcels of land assembled for these developments shall
be of sufficient size to permit the unified development of tracts
of land with primary access to the principal or collector roads of
the Township.
B.
Use.
(1)
Principal permitted uses.
(a)
Planned development, consisting of residential, institutional
and community commercial uses. The following specific uses shall be
permitted as part of a planned development:
[1]
Residential units in the form of single-family
detached dwellings, single-family semidetached dwellings, single-family
attached dwellings, multifamily dwellings, or apartment flats. Independent-living
facilities and assisted-living facilities shall also be considered
permitted residential uses, whether or not they are part of a continuing-care
facility.
[2]
Institutional uses in the form of congregate-care
facilities. Long-term-care facilities and nursing homes.
[3]
Community commercial uses in the form of retail
business and service establishments, including retail shops, personal
service establishments, business and professional offices, banks and
fiduciary institutions. eating and drinking establishments, hotels
and motels, commercial recreation and public assembly halls, funeral
homes, independent medical and specialty care offices and treatment
facilities, commercial parking lots and the like.
[4]
Craft alcoholic beverage establishments.
[Added 10-26-2015 by Ord.
No. O:35-2015]
(c)
Public service infrastructure.
(2)
Permitted accessory uses.
(a)
Common recreational, social, educational, health and dining
facilities, such as a community building, swimming pools, tennis courts,
shuffleboard courts, bicycling and hiking trails, and sports and play
areas, putting greens and/or picnic areas.
(b)
Allied medical facilities, entertainment facilities, libraries,
food preparation facilities, dining facilities, laundry and linen
service facilities, administrative offices, staff facilities, storage
and maintenance, chapels temporary guest lodging facilities, parking
facilities barber shops and beauty parlors, facilities for the sale
of sundries, personal articles, newspapers, food and similar convenience
products to the residents, and such other uses as are customarily
associated with and subordinate to the permitted uses.
(c)
Off-street parking and private garages.
(d)
Fences and walls, which shall be uniform in size and materials
and complement the architectural style, type, and design of the dwelling
unit and the overall project design, as established during the site
plan review and approval process.
(e)
Decks and patios, which shall be uniform in size and materials
and complement the architectural style, type, and design of the dwelling
unit and the overall project design, as established during the site
plan review and approval process. Decks and patios are not permitted
between the building setback lines and the property lines. Decks and
patios shall be constructed within the building envelope.
(f)
A coordinated sign package must be provided for review prior
to final approval. The size, location, design, color, texture, lighting
and materials of all temporary and permanent signs shall not detract
from the design of proposed buildings and structures and the surrounding
properties.
(g)
Entrance gateways, provided such structure(s) are located along
entrance roadway(s) to the property, are located outside of any required
sight triangles, and are designed to complement the architectural
style and the overall project design.
(h)
Home occupations, subject to § 75-111.
C.
Bedroom mix.
(1)
No residential unit shall contain greater than four bedrooms.
(2)
A maximum of 50% of the single-family detached units proposed
shall have four bedrooms.
(3)
No single-family attached (townhouse), single-family semidetached
or multifamily/apartment units shall have more than three bedrooms,
and a minimum of 50% shall have two bedrooms.
D.
Area and bulk requirements.
(1)
Tract area. The minimum required tract area for a planned development
is 100 acres.
(2)
Community commercial. A minimum of 15 acres and a maximum of
30 acres of community commercial development is required.
(3)
Residential density. A maximum of six units/acre shall be permitted,
developed in accordance with the below unit type distribution. For
purposes of calculating residential density, all single-family detached
dwellings, single-family semidetached dwellings, single-family attached
dwellings, multifamily dwellings, apartment flats, independent-living
beds and assisted-living beds shall be included. Residential density
shall be calculated for the area devoted to residential use, exclusive
of the area devoted to community commercial use. A minimum of 400
residential units is required as part of any planned development in
the RG-MU District.
(4)
Unit type distribution.
|
Unit Type
|
Minimum Percentage of Units Proposed
|
Maximum Percentage of Units Proposed
| |
|---|---|---|---|
|
Institutional
|
25%
|
NA
| |
|
Single-family detached
|
NA
|
50%
| |
|
Single-family attached (townhomes)
|
20%
|
50%
| |
|
Single-family semidetached
|
NA
|
30%
| |
|
Multifamily/ apartment flats
|
NA
|
25%
|
(5)
Bulk requirements.
(a)
Single-family detached dwellings.
[1]
Minimum lot area: 5,500 square feet.
[2]
Minimum lot frontage or width: 55 feet.
[3]
Minimum lot depth: 100 feet.
[4]
Minimum front yard setback: 20 feet.
[5]
Minimum secondary front yard setback (corner lots):
15 feet.
[6]
Minimum side yard setback: five feet for one side,
15 feet total. There shall be a minimum of 15 feet between dwellings.
[7]
Minimum rear yard setback: 20 feet.
[8]
Maximum lot coverage: 50%.
[9]
Maximum building height: 2 1/2 stories or
35 feet.
(b)
Single-family attached dwellings.
[1]
Minimum lot area: 1,800 square feet.
[2]
Minimum lot frontage or width: 18 feet.
[3]
Minimum lot depth: 100 feet.
[4]
Minimum front yard setback: 20 feet.
[5]
Minimum secondary front yard setback (corner lots):
15 feet.
[6]
Minimum side yard setback (end units): 25 feet;
may be reduced to 15 feet with enhanced architectural treatment of
end wall, including special fenestration or side entry units and upgraded
facade materials. All facades of townhouses shall be articulated with
fenestration. There shall be no blank walls.
[7]
Minimum rear yard setback: 20 feet.
[8]
Minimum distance from building front or rear wall
to building front or rear wall: 70 feet.
[9]
Minimum distance from building rear wall to building
rear wall: 40 feet.
[10]
Minimum distance from any building wall to public
right-of-way, street or paved parking area: 12 feet.
[11]
Minimum distance from any building wall to perimeter
lot line: 50 feet.
[12]
Maximum lot coverage: 75%.
[13]
Maximum building height: 35 feet.
[14]
There shall be no more than eight units in any
one building.
(c)
Single-family semidetached dwellings:
[1]
Minimum lot area: 10,000 square feet per building,
5,000 square feet per unit.
[2]
Minimum lot frontage or width: 100 feet per building,
50 feet per unit.
[3]
Minimum lot depth: 100 feet.
[4]
Minimum front yard setback: 20 feet.
[5]
Minimum secondary front yard setback (corner lots):
15 feet.
[6]
Minimum side yard setback: 10 feet for one side,
20 feet total.
[7]
Minimum rear yard setback: 20 feet.
[8]
Maximum lot coverage: 55%.
[9]
Maximum building height: 2 1/2 stories or
35 feet,
(d)
Multifamily units/apartment flats.
[1]
Minimum lot frontage or width: 200 feet.
[2]
Minimum lot depth: 200 feet.
[3]
Minimum front yard setback: 50 feet.
[4]
Minimum setback to principal or collector roads:
500 feet.
[5]
Minimum side yard setback: 50 feet.
[6]
Minimum rear yard setback: 50 feet.
[7]
Minimum distance from building end wall to building
end wall: 40 feet.
[8]
Minimum distance from building front or rear wall
to building front or rear wall: 70 feet.
[9]
Minimum distance from building rear wall to building
rear wall: 50 feet.
[10]
Minimum distance from any building wall to any
paved parking area: 20 feet.
[11]
Maximum lot coverage: 50%.
[12]
Maximum building height: 3 1/2 stories or
45 feet.
(e)
Community commercial.
[1]
Minimum tract area: 15 acres.
[2]
Minimum tract frontage or width: 200 feet.
[3]
Minimum front yard setback: 30 feet.
[4]
Minimum side yard setback: 10 feet.
[5]
Minimum rear yard setback: 50 feet.
[6]
Maximum tract coverage: 75%.
[7]
Minimum buffers: side yard, five feet with landscaping:
front yard, 10 feet with landscaping; and rear yard, 25 feet with
landscaping.
[8]
Minimum buffers adjacent to residential zones:
50 feet.
[9]
Maximum building height: three stories or 40 feet.
(f)
Institutional.
[1]
Minimum tract area: five acres.
[2]
Minimum tract frontage or width: 150 feet.
[3]
Minimum front yard setback: 30 feet.
[4]
Minimum side yard setback: 30 feet.
[5]
Minimum rear yard setback: 50 feet.
[6]
Maximum tract coverage: 60%.
[7]
Minimum buffers: side yard, five feet with landscaping:
front yard, 10 feet with landscaping; and rear yard, 25 feet with
landscaping.
[8]
Maximum building height: three stories or 40 feet.
E.
Buffers. A landscaped buffer, 50 feet wide, shall be provided along the entire perimeter of the development. The buffer, designed in accordance with § 175-93, shall contain existing wooded areas, dense plantings of evergreen trees, deciduous trees, flowering trees and shrubs or landscaped earth berms. Buffer areas shall be developed in an aesthetic manner for the primary purpose of providing a year-round visual screen to the development from adjacent rights-of-way and land uses. Fences, walls or structures shall not be permitted in the required buffer area.
F.
Open space and recreation.
(1)
A minimum of 25% of the area devoted to residential development shall be set aside as common open space, and shall conform to the requirements of § 175-125 and as further detailed below.
(2)
All lands set aside for open space shall be developed with active
and passive recreational facilities to service the needs of the residents
of the development. Such facilities may include, but are not limited
to, a clubhouse, swimming pool, tennis courts, shuffleboard courts,
bicycling trails, hiking trails, sports and play areas, putting greens
and/or picnic areas. One contiguous four-acre area shall be dedicated
to open space in a central location. The common open space must be
connected to the different sections of the development by a green
belt/bikeway/pedestrian pathway.
(3)
All open space shall be transferred to and maintained by a homeowners'
and/or condominium association.
G.
Affordable housing requirements.
(1)
Low and moderate unit set-aside.
(a)
Residential development shall provide a twenty-percent set-aside
based on the total number of all units to be developed.
(b)
Commercial development shall provide for payment of a development
fee of 2.5% of the equalized assessed value of the nonresidential
construction into a housing trust fund established by Monroe Township
Council, in accordance with the Statewide Non-residential Development
Fee Act, Sections 32 through 37 of P.L. 2008, c. 46.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-8.1 et seq.
(2)
General. All developments with affordable on-site housing units
shall adhere to the requirements set forth by the New Jersey Council
on Affordable Housing (COAH) in their substantive rules, N.J.S.A.
c. 5:96-1.1 et seq., and the Uniform Housing Affordability Controls
(UHAC) N.J.S.A. 5:80 - 26.1 et seq., or other affordable housing requirement
at the time of approval. The requirements in these regulations shall
supersede any local requirements, including amendments made to the
codes previously described to update and modernize them.
(3)
Design and siting of affordable housing. All low and moderate
housing units shall be blended into the development. These units shall
not be segregated on the site; they must have a similar footprint
to all other non-affordable units; and they must have the same heating
systems that the market-rate units are provided Alternatively, if
approved, the affordable housing obligation may be satisfied solely
within the assisted-living, or higher level of care, units.
(4)
Affordability. At least 50% of the units in a development shall
be affordable to low-income households as defined by COAH and in the
UHAC regulations. At least 13% of the units in a development shall
be affordable to very-low-income households as defined by COAH and
in the UHAC regulations. The affordability range shall apply to all
required bedroom distributions. At least 50% of each bedroom distribution
shall be affordable to low-income households as defined by COAH. At
least 13% of each bedroom distribution shall be affordable to very-low-income
households as defined by COAH, and the remainder shall be affordable
to moderate-income households as defined by COAH.
(5)
Occupancy and Affordability. In determining the initial rents
and sales prices for compliance with the COAH requirements, the following
standards shall be used:
(a)
A studio unit shall be affordable to a one-person household;
(b)
A one-bedroom unit shall be affordable to a one-and-one-half-person
household;
(c)
A two-bedroom unit shall be affordable to a three-person household;
(d)
A three-bedroom unit shall be affordable to a four-and-one-half-person
household; and
(e)
A four-bedroom unit shall be affordable to a six-person household.
(6)
Duration of affordability controls. Each restricted unit shall
remain, subject to the COAH requirements and the requirements set
forth in the UHAC regulations for a period of no less than 30 years.
This period may either be extended or shortened as outlined in the
regulations previously cited.
(7)
Affirmative marketing. All developments are required to be affirmatively
marketed throughout the housing region assigned by COAH. These affirmative
marketing procedures are outlined in the Affirmative Marketing Plan
adopted by the Township and approved by COAH. Four months in advance
of the first units being available for sale or rent, the developer
must contact the administrative agent appointed by the Township to
implement this plan.
(8)
Administrative agent. The administrative agent is rest for the
implementation of COAH's requirements and the Uniform Housing Affordability
Controls.[2] The administrative agent shall be the contact for any
issues regarding the implementation of the Housing Element and Fair
Share Plan.
[2]
Editor's Note: See N.J.A.C. 5:80-26.
H.
Pinelands development credit requirements.
(1)
Pinelands development credits (PDCs) shall be used for 25% of
all units in the RG-MU District, excluding those which are made affordable
for low- and moderate-income housing in accordance with the requirements
of the Council on Affordable Housing. One-quarter of a Pinelands development
credit (i.e., one right) shall be purchased and redeemed for every
four non-income-restricted residential units constructed. For purposes
of calculating PDC obligations, a "unit" is considered to be a single-family
detached dwelling, a single-family semidetached dwelling, a single
family attached dwelling, a multifamily dwelling, an apartment flat,
an independent-living bed or an assisted-living bed. For purposes
of calculating PDC obligations congregate-care beds, long-term-care
beds, and nursing-home beds or similar continuing-care (institutional
setting) beds are not considered "units."
(2)
A minimum of 400 units is required as part of any planned development
in the RG-MU District. Should a planned development fail to achieve
this minimum requirement, 1/4 of a Pinelands development credit (i.e.,
one right) shall be purchased and redeemed for every residential unit
less than 400 units.
I.
General development plan.
(1)
It shall be mandatory that a general development plan (GDP)
application be filed and approved prior to the application for any
phase of development.
(2)
The GDP shall contain all information provided in § 175-66.1 and shall set forth the permitted number of dwelling units, the residential density, the unit type distribution, the amount of nonresidential floor space and the nonresidential floor area ratio for the planned development, in its entirety, according to a schedule which sets forth the timing of the various sections of the development. The GDP shall also set forth the method for addressing the requirements for, but not limited to, affordable housing, Pinelands development credits, open space and recreation and impact fees. The planned development shall be developed in accordance with the general development plan approved by the Planning Board notwithstanding any provisions of N.J.S.A. 40:55D-1 et seq. or any ordinance or regulation adopted pursuant thereto after the effective date of the approval, including the phasing of development.
J.
Additional standards.
(1)
General.
(a)
Minimum lot area and setback requirements shall not include
easements or any required buffers or open space.
(b)
The layout and design of the development shall create a recognizable
community that encourages pedestrian traffic and circulation. Walking
paths and bike paths shall be integrated into the plan and, where
practical, connect to the Township system.
(c)
All structures shall be constructed with a compatible architectural
theme, with appropriate variations in design to provide attractiveness
throughout the development. The architectural theme shall include
buildings, signage, fencing, lighting, paving, curbing, landscaping
and other similar and related physical features.
(d)
All principal structures shall connect to an approved and functioning
centralized water and sanitary sewerage treatment system.
(e)
No storage of boats, trailers or campers shall be permitted
within the development, except on single-family, privately owned lots.
(f)
The provision of a bus shelter(s) to service the needs of the
development shall be addressed at site plan review.
(g)
All property, parking areas, entrances, landscaping, and other
common areas within the development shall be privately owned and maintained
in accordance with a plan for such maintenance approved by the Planning
Board and implemented by legal documentation to be reviewed and approved
by the Planning Board Attorney.
(2)
Residential.
(a)
A homeowner's and/or condominium association shall be created, subject to the approval of the Planning Board and in accordance with § 175-113, to ensure maintenance of all common areas and facilities.
(b)
Front-to-rear sidewalks/service ways on single-family detached,
single-family semidetached, and single-family attached units shall
not be permitted.
(3)
Institutional.
(a)
The development shall contain at least one of the following:
congregate-care facility, long-term-care facility or nursing home.
An assisted-living facility, independent-living facility or continuing-care
retirement community may also be proposed to satisfy this requirement.
(b)
The distance, at the closest point, between any two buildings
shall not be less than 20 feet. In the case of two or more buildings
being connected through the use of a breezeway or similar feature,
the minimum distance between buildings may be reduced but shall not
be less than 10 feet.
(c)
The minimum distance between the edge of a parking lot or driveway
and any building shall be 15 feet.
(d)
Exterior freestanding lighting fixtures shall not exceed the
height of proposed structures and in no case shall be greater than
18 feet in height. The source of illumination shall be recessed and
shielded within the fixture itself and shall be consistent in character
with the design of the planned community commercial area.
(e)
An internal pathway system shall be created to provide access
to all buildings, open space areas and parking areas to be located
in the community commercial area.
(4)
Community commercial.
(a)
The community commercial portion of the development shall be
a minimum of 15 acres. A pedestrian and bicycle connection shall be
made between the commercial and residential sections of the site.
(b)
The community commercial area shall be designed as a single
complex according to a comprehensive master site development plan.
In addition, internal site landscaping, building design and common
area maintenance guidelines shall be established.
(c)
The distance, at the closest point, between any two buildings
shall not be less than 20 feet. In the case of two or more buildings
being connected through the use of a breezeway or similar feature,
the minimum distance between buildings may be reduced but shall not
be less than 10 feet.
(d)
Off-street parking areas shall be interspersed in convenient
locations intended to accommodate a small grouping of structures.
The minimum distance between the edge of a parking lot or driveway
and any building shall be 15 feet.
(e)
All buildings shall be designed to convey a small-scale neighborhood
theme and character. Buildings included in the community, commercial
area should contain the following design elements:
[1]
Provide shed or pitched roofs, dormers on the second
floor and other similar design features such as overhanging eaves.
Roof colors shall be traditional and compatible with retail and residential
uses in the area.
[2]
Provide consistency in the architectural treatment
of building facades and diversity in the horizontal length of buildings
through introduction of offsets at irregular intervals along the facade
of a building.
[3]
Provide a variety of building heights not to exceed
40 feet.
(f)
Exterior freestanding lighting fixtures shall not exceed the
height of proposed structures and in no case shall be greater than
18 feet in height. The source of illumination shall be recessed and
shielded within the fixture itself and shall be consistent in character
with the design of the planned community commercial area.
(g)
An internal pathway system shall be created to provide access
to all buildings, open space areas and parking areas to be located
in the community commercial area.
(5)
Phasing of development. Phasing shall be addressed within the
GDP application. It is the intent of this Code to require both residential
and nonresidential development such that the mixed-use objective is
obtained commensurate with the build-out of the development.
[1]
Editor’s Note: Former § 175-161.4, RG-TC Zone District,
added 11-23-2004 by Ord. No. O-45-2004, was repealed 10-26-2015 by
Ord. No. O:35-2015.
[Added 11-23-2004 by Ord. No. O-44-2004]
The following regulations shall apply in the
RG-PR Zone District:
A.
Conditional uses: professional office, general office,
medical office, legal office, real estate office and insurance office,
subject to the following conditions:
(1)
Uses shall front on Main Street with principal
access to the street.
(2)
The primary architectural facade must face the
street, and the design of any building must be compatible with the
residential character of the area. All facades shall be designed to
provide architectural interest.
(3)
The use will not detract from the character
of the neighborhood.
(4)
Noise and lighting will be minimized, mitigated
and/or shielded so as not to adversely affect adjacent residential
uses.
(5)
All of the area, yard, building coverage, height,
parking, sign and general requirements of the Commercial (C) District
and other appropriate requirements of this chapter shall be met.
(6)
A minimum twenty-five-foot wide landscape buffer
shall be provided adjacent to residential zones or existing residential
uses with the intent to provide a continuous solid landscape screen.
[Added 11-23-2004 by Ord. No. O-40-2004]
A.
Use.
(1)
Principal permitted uses.
(a)
Community commercial uses.
(b)
Neighborhood commercial uses.
(c)
Planned commercial, subject to the requirements of § 175-161C(5).
(d)
Planned large-scale anchor store development, subject to the requirements of § 175-161C(9).
[Added 8-22-2006 by Ord. No. O-34-2006[1]]
[1]
Editor's Note: This ordinance also redesignated
former Subsection A(1)(d) through (h) as A(1)(e) through (i), respectively.
(e)
Business and professional offices.
(f)
Institutional, subject to § 175-162D(1).
(g)
Recreational.
(i)
Public service infrastructure.
(2)
Conditional uses.
(c)
Assisted-living facilities, subject to the following
requirements:
(d)
Light industrial, manufacturing, and wholesale
distribution and warehouse facilities, subject to the following requirements:
[1]
The property to be developed shall
be located east of Malaga-New Brooklyn Road.
[2]
No noxious, offensive or hazardous
use shall be permitted unless adequate provision is made to reduce
and minimize such objectionable elements. The use shall be required
to meet or exceed all governmental standards governing said elements.
[3]
Should the proposed use raise questions
of public health, safety or welfare, the Board may bring in consultants
and other independent experts, as the Board deems necessary, for their
evaluation and opinion. The cost of any independent consultant or
expert shall be borne by the applicant from the escrow fees posted.
[4]
No building may be erected, altered
or used and no premises may be used in or within 100 feet of a residential
district or use.
[5]
No occupancy permit shall be granted
to a proposed new use without first conforming to the requirements
for site plan approval.
[6]
Site design shall require maximum
attention to proper site design considerations, including the location
of structures and parking areas, proper ingress and egress, development
of an interior street system, architectural design, landscaping and
the compatibility of any proposal with the natural foliage, soils,
contours, drainage patterns and the need to avoid visual intrusions
and performance nuisances upon adjacent uses.
[7]
At least the first 30 feet adjacent
to any street line and 20 feet adjacent to any lot line shall be planted
and maintained in lawn area or ground cover or landscaped with evergreen
shrubbery and shall be separated from the parking area by suitable
curbing as determined by the Township's Land Management Ordinance
and the Planning Board during site plan review.
[8]
No merchandise, products, waste
equipment or similar material or objects shall be displayed or stored
outside except for outdoor storage of mobile equipment.
[9]
All portions of the property not
utilized by buildings or paved surfaces shall be appropriately landscaped.
[10]
A minimum buffer area of 50 feet in width shall be provided along any common property line with a residential district or use in accordance with § 175-93 of the Township's Land Management Ordinance.
[12]
Each activity shall provide for
off-street loading and unloading with adequate ingress to and egress
from streets and shall provide such areas at the side or rear of the
building. Each space shall be at least 15 feet by 40 feet, and one
space shall be provided for every 8,000 square feet of gross floor
area or fraction thereof in each building. There shall be no loading
or unloading from the street.
[13]
There shall be at least one trash
and garbage pickup location provided for each building, which shall
be separated from the parking spaces by the storage of trash and/or
garbage in a steel-like, totally enclosed container located in a manner
to be obscured from view from parking areas, streets and adjacent
residential uses or zoning districts by a fence, wall, planting or
combination of the three.
[14]
All such developments shall comply
with the Schedule of Limitations with respect to minimum requirements
for area, setback and coverage.[2]
[2]
Editor's Note: The Schedule of Limitations is included at the end of this chapter.
B.
Area and bulk requirements. See the Schedule of Limitations included at the end of this chapter.
C.
Additional standards for permitted uses.
(1)
No occupancy permit shall be granted to a proposed
new use without first conforming to the requirements for site plan
approval.
(2)
All building walls facing any street shall be
suitably finished for aesthetic purposes.
(3)
All portions of the property not utilized by
buildings or paved surfaces shall be landscaped utilizing combinations
such as fencing, shrubbery, lawn area, ground cover, rock formations,
berms, existing foliage and the planting of conifers and/or deciduous
trees native to the area in order to either maintain or reestablish
the tone of the vegetation in the area and lessen the visual impact
of the structures and paved areas. The established grades on any site
shall be planted for both aesthetic and drainage purposes. The grading
plan, drainage facilities and landscaping shall be coordinated to
prevent erosion and silting as well as assuring that the capacity
of any natural or man-made drainage system is sufficient to handle
the water generated and anticipated both from the site and contributing
upstream areas.
(4)
The side yard requirements may, in the discretion
of the Planning Board, be reduced in size and replaced by either providing
internal driveways from the proposed use to the adjacent commercial
use, so as to provide access without returning to the public highway,
or providing buffers between uses.
(5)
Each activity shall provide for off-street loading and unloading with adequate ingress to and egress from streets, in accordance with the requirements of § 175-123. Such areas shall be provided at the side or rear of the building. There shall be no loading or unloading from any street.
(6)
There shall be at least one trash and garbage
pickup location provided for each building, which shall be separated
from the parking spaces by the storage of trash and/or garbage in
a steel-like, totally enclosed container located in a manner to be
obscured from view from parking areas, streets and adjacent residential
uses or zoning districts by a fence, wall, planting or combination
of the three.
D.
Residential
uses in the RG-C Zoning District, for which a valid certificate of
occupancy has been issued, shall be considered a conforming use and
subject to the Schedule of Limitations[3] for similar uses in the RG-PR Zoning District.
[Added 5-24-2021 by Ord. No. O:09-2021]
[3]
Editor's Note: The Schedule of Limitations is included at the end of this chapter.
[Amended 5-21-1990 by Ord. No. O-11-90; 7-21-1992 by Ord. No. O-27-92; 8-12-1997 by Ord. No. O-40-97; 10-23-2001 by Ord. No. O-31-2001; 9-23-2003 by Ord. No. O-44-2003; 4-24-2007 by Ord. No. O-16-2007]
A.
Purpose and base requirements. Each of the three non-Pinelands
residential districts was created to recognize a different need. The
R-1 District recognizes the importance of existing residential and
commercial centers to the Township’s landscape and image. The
R-2 District creates the opportunity for flexible residential design
options in undeveloped places adjacent to areas from which utilities
can be extended. This zone will utilize gross density as a basis for
development with unit type being an option. The R-3 District recognizes
and preserves the rural character of certain portions of the Township
while promoting context-sensitive design.
(1)
For all types of development in the R-1 Zone, gross
density shall not exceed 2.5 units per acre.
(2)
For cluster development following the requirements of Subsection D(6) in the Suburban Residential Option Zoning District (R-2) below, the maximum gross density shall be 1.25 units per acre.
(3)
For all other types of development in the R-2 Zone, except for Subsection A(2) above, gross density shall not exceed 1.0 unit per acre.
(4)
For all types of development in the R-3 Zone, the
maximum permitted units per lot is one.
B.
Permitted uses.[1]
[1]
Editor's Note: A listing of the permitted uses for other residential zoning districts is included at the end of this chapter.
C.
Additional standards for permitted uses.
(1)
All non-Pinelands residential zones:
(d)
Fences and walls not to exceed six feet in height
shall be permitted in the rear and side yard areas only. Fences and
walls not to exceed four feet shall also be permitted in the front
yard.
(2)
R-1 Residential District 1:
(a)
Density: The maximum permitted gross density
shall be 2.5 units per acre.
(b)
A landscaped buffer, 25 feet wide, shall be provided as necessary to provide adequate screening for major subdivisions, wherever the proposed residential development abuts an existing or approved planned unit developed, multifamily development or nonresidential use. The buffer, designed in accordance with § 175-93, shall contain existing wooded areas, dense plantings of evergreen trees and shrubs or landscaped earth berms. Buffer areas shall be developed in an aesthetic manner for the primary purpose of providing a year round visual screening.
(c)
A minimum of 10% of the total tract area shall be set aside as common open space, and shall conform to the requirements of § 175-125. Community Commercial development shall provide common open space in the form of public square, plaza or passage and shall provide such amenities as upgraded pavement materials, seating areas, bike racks, landscaping and/or fountains.
(d)
All development shall connect to an approved
and functioning central water and sanitary sewage treatment system.
(g)
Fences and walls not exceeding six feet in height
shall be permitted in the rear and side yard areas only. Fences and
walls not to exceed four feet shall also be permitted in the front
yard.
(3)
R-2 Suburban Residential Option District:
(a)
A landscaped twenty-five-foot buffer shall be provided as necessary to provide adequate screening for major subdivisions wherever the subdivision abuts an existing nonresidential use or an existing arterial or collector street. The buffer, designed in accordance with § 175-93, shall contain existing woodlands, dense plantings of evergreen trees and shrubs or landscaped earth berms. Exotic/Invasive plant materials are prohibited.
(4)
R-3 Residential District 3:
(a)
Requirements for single-family detached units:
[1]
Lots existing as of the date of this section
that are developed with a permitted use and are less than three acres
in area shall be grandfathered and shall be subject to R-2 Residential
standards for all additions or modifications to existing or proposed
structures. The grandfather status of these lots shall be vacated
upon application for subdivision.
[2]
Maximum units per lot: one.
(b)
Private residential swimming pools shall conform
to the requirements of § 174-145.
(d)
Fences and walls not to exceed six feet in height
shall be permitted in the rear and side yard areas only. Fences and
walls not to exceed four feet shall also be permitted in the front
yard.
D.
Additional standards for conditional permitted uses.
(1)
Institutional uses and fraternal or social lodges
or clubs, where permitted, shall meet the following standards:
(a)
In addition to all other standards of this chapter,
the Board may defer to other governmental agencies where they may
provide standards for the proposed use.
(b)
The Board shall base its approvals upon compliance
with the standards of other approving agencies and shall seek to have
the use constructed so as not to adversely impact the surrounding
uses and so as to harmoniously blend with the other uses in the zone.
(2)
Airports, where permitted, shall meet the following
standards:
(a)
The more restrictive standards of other governmental
agencies having jurisdiction over airport facilities shall be applied
unless said standards provide for a local waiver.
(b)
Commercial facilities constructed on airport
property shall comply with the standards for a commercial use in the
Community Commercial Zone District, except that if the airport and
the commercial facilities are being developed in a planned development
manner, they shall comply with the standards for a planned commercial/industrial
development.
(3)
Mobile home parks, where permitted shall comply with § 175-161C(6) of this chapter.
[Added 8-12-1997 by Ord. No. O-40-97]
(4)
Professional and general offices, medical and legal
offices, real estate and insurance offices may be approved by the
Planning Board as a conditional use, subject to the following standards:
[Added 10-23-2001 by Ord. No. O-31-2001]
(a)
Uses shall front only on Main Street, with principal
access to that street.
(b)
The design of any building must conform to the
residential character of the area.
(c)
The use will not detract from the character
of the neighborhood.
(d)
The property is suitable for the intended use.
(e)
The use will service the best interests of the
Township.
(f)
There will not be any noise and lighting situations
adversely affecting adjacent residential properties.
(g)
All of the area, yard, building coverage, buffer,
height, parking, sign and general requirements of the CC District
and other applicable requirements of this chapter shall be met.
(5)
R-1 Community Commercial. Community commercial uses, as defined in § 175-11, may be permitted by the Planning Board as a conditional use in the R-1 Zone subject to the following:
(a)
Uses shall front on Main Street with principal
access to that street.
(b)
The design of any building must conform to the
residential character of the area.
(c)
The use will not detract from the character
of the neighborhood.
(d)
The property is suitable for the intended use.
(e)
The use will service the best interests of the
Township.
(f)
There will not be any noise and lighting situations
adversely affecting adjacent residential properties.
(g)
All of the area, yard, building coverage, buffer,
height, parking, sign and general requirements of the Commercial (C)
District and other applicable requirements of the Land Management
Ordinance shall be met.
(6)
R-2 Cluster Option. Single-family detached, clustered
residential units may be approved as a conditional use, subject to
the following standards:
(a)
The minimum tract size is 20 acres.
(b)
A minimum of 35% of the total tract area must be set aside and dedicated as public open space in accordance with § 175-125.
(c)
A minimum of five contiguous upland acres suitable
for active recreation must be dedicated in a location and configuration
so as to be a focal point of the community. It should not be tucked
behind houses. The space should be regularly shaped in an orthogonal
configuration and have minimum dimensions of 400 feet of width and
length. The five-acre open space is credited toward the minimum open
space requirement of 35%.
(d)
Coving and other conservation design techniques
as outlined in the Master Plan are permitted at the discretion of
the Planning Board or Zoning Board of Adjustment.
(e)
Subject to additional standards for permitted
uses and buffers as outlined in this chapter.
(f)
All development shall connect to an approved
and functioning central water and sanitary sewage treatment system.
(7)
R-3 Commercial Overlay. In the R-3 Zone, community commercial uses, as defined in § 175-11, may be permitted as a conditional use on parcels within the Commercial Overlay, as shown on the official Zoning Map referenced in § 175-155, subject to the following conditions:
(a)
Area and bulk standards shall conform to the
Commercial (C) District standards.
(b)
Uses are limited to community commercial uses,
neighborhood commercial uses and general office use.
(c)
Parking inventory must conform to Township requirements.
A maximum of one row of parking is permitted in the front yard between
the street right-of-way and the front facade of the building. All
other parking must be located in the side and rear yard areas.
(d)
A minimum twenty-five-foot landscaped buffer
shall be provided adjacent to all preexisting residential uses. Landscaping
shall be designed to provide a continuous dense visual screen between
the commercial use and adjacent residential properties.
(e)
Lighting shall be designed so that it will not
spill onto adjacent properties.
(f)
HVAC equipment shall either be internal to the
architecture or shall be limited to rear yards and shall be adequately
screened from adjacent properties.
(g)
All structures shall be architecturally compatible
in scale to adjacent residential structures. Facade materials shall
be limited to brick, clapboard or individually applied synthetic clapboard
planks. All four sides of structures shall be architecturally designed.
E.
Additional standards for accessory permitted uses.
(1)
An agricultural commercial establishment operating
as an accessory use rather than as a principal permitted use shall
meet the following additional requirements. It shall:
[Amended 5-21-1990 by Ord. No. O-11-90]
(a)
Be an accessory use to a farm, the farm being
the principal use of the site;
(b)
Sell only farm or nursery products grown on
the premises;
(c)
Be of a seasonal nature;
(d)
Be subject to the regulations applicable to
the principal use of the property as limited or amended herein; and
(e)
Be subject to the following additional standards:
[1]
Adequate off-street parking spaces shall be
provided.
[2]
If sales are to be conducted in the evening,
said stand and all access and exit points shall be properly illuminated
in accordance with the standards of this chapter.
[3]
The stand shall either be removed or kept in
good condition during the seasons when sales are not being made.
(3)
Yard requirements for accessory uses to residential
uses may be reduced by up to 50% of the requirements for principal
uses within the specific district.
G.
Schedule of Limitations.[3]
[3]
Editor's Note: The Schedule of Limitations for R-2 Zoning districts is included at the end of this chapter.
[Added 11-23-2004 by Ord. No. O-48-2004]
A.
Intent. The intent of the Residential Age-Restricted
(RA) District is to promote residential development on appropriately
located tracts of land in the non-Pinelands Areas of the Township,
especially designed to meet the special housing needs of older persons,
with special emphasis on their particular physical and social needs.
The parcels of land assembled for these developments shall be of sufficient
size to permit the unified development of tracts of land with primary
access to the principal or collector roads of the Township. The RA
District shall permit the construction of new non-age-restricted housing,
or the expansion of non-age-restricted housing in accordance with
the provisions of this section.
[Amended 4-24-2007 by Ord. No. O-17-2007]
B.
A single-family detached dwelling located in the RA
District, which has received a certificate of occupancy or temporary
certificate of occupancy prior to April 10, 2007, may be enlarged
without an appeal to the approving authority, even though the dwelling
may be on a nonconforming lot, provided that:
[Added 4-24-2007 by Ord. No. O-17-2007]
(1)
The proposed enlargement conforms with the use,
area, yard, building height and lot coverage requirements of the R-2
Zoning District; and
(2)
The proposed enlargement does not increase the
nonconformity of any dimensional setback violations existing prior
to April 10, 2007.
[Added 4-24-2007 by Ord. No. O-17-2007]
C.
Accessory buildings or structures may be added to
single-family detached dwellings on nonconforming lots located in
the RA Zoning District, without an appeal to the approving authority,
provided that:
D.
A lot located in the RA Zoning District may be developed
with a single-family dwelling without an appeal to the approving authority,
provided the lot does not require subdivision and cannot be reasonably
combined with another vacant lot from a tract having at least eight
acres, the lot is vacant with an area measuring at least 30,000 square
feet, and the setbacks and other requirements of the R-2 Zoning District
can be satisfied or the lot had received final subdivision approval
from the Planning Board prior to April 10, 2007.
[Added 4-24-2007 by Ord. No. O-17-2007]
E.
Age and occupancy requirements. The following age
and occupancy requirements shall apply to all dwelling units in a
regional growth residential age-restricted development:
(1)
Permanent residents shall be at least 55 years
of age, except that a spouse may occupy a unit together with his or
her spouse who is at least 55 years of age. "Permanent residents"
are defined as people who live in the units more than 30 days in any
twelve-month period.
(2)
A maximum of one child, 18 years of age or older,
may reside as a permanent resident with his or her parent(s) or legal
guardian(s).
(3)
No more than three permanent residents shall
occupy any one unit.
F.
Use.
(1)
Principal permitted uses.
(2)
Conditional uses.
(a)
Mobile home parks, subject to the requirements of the Township's Mobile Home Park Ordinance (Chapter 289) and § 175-161C(6).
(b)
Institutional uses, subject to § 175-162D(1).
G.
Area and bulk requirements.
(1)
Tract area: the minimum required tract area
for residential age-restricted developments is 20 acres.
(2)
Density: the maximum permitted gross density
shall be 3.75 units per acre.
(3)
Bulk requirements.
(a)
Single-family detached dwellings:
[1]
Minimum lot area: 5,500 square
feet.
[2]
Minimum lot frontage/width: 50
feet.
[3]
Minimum lot depth: 110 feet.
[4]
Minimum front yard: 20 feet. Maximum
front yard setback for any portion of the front facade: 35 feet. A
minimum of 20% of the front facade shall be located on the minimum
front setback line. Corner lots shall provide the minimum front yard
requirement for both intersecting streets.
[5]
Minimum side yard: five feet for
one side, 15 feet total. There shall be a minimum of 10 feet between
dwellings.
[6]
Minimum rear yard: 20 feet.
[7]
Maximum lot coverage: 60%.
[8]
Maximum building height 35 feet.
(b)
Two-family (duplex or twin) dwellings:
[1]
Minimum lot area: 12,000 square
feet per building, 6,000 square feet per unit.
[2]
Minimum lot frontage/width: 100
feet per building, 50 feet per unit.
[3]
Minimum lot depth: 110 feet.
[4]
Minimum front yard: 20 feet. Maximum
front yard set back for any portion of the front facade: 35 feet.
A minimum of 20% of the front facade shall be located on the minimum
front yard setback line. Corner lots shall provide the minimum front
yard requirement for both intersecting streets.
[5]
Minimum side yard: five feet for
one side. There shall be a minimum of 15 feet between dwellings.
[6]
Minimum rear yard: 20 feet.
[7]
Maximum lot coverage: 60%.
[8]
Maximum building height: 35 feet.
(c)
Single-family attached dwellings (townhouses):
[1]
Minimum lot area: 2,000 square
feet.
[2]
Maximum lot area: 3,000 square
feet.
[3]
Minimum lot depth: 100 feet.
[4]
Minimum lot width: 20 feet.
[5]
Maximum lot width: 30 feet.
[6]
Maximum front yard: 15 feet.
[7]
Minimum side yard (end units):
25 feet; may be reduced to 15 feet with special architectural articulation
of the end walls, including special fenestration or side entry units
and upgraded facade materials. All facades of townhouse units shall
be articulated with fenestration. There shall be no blank walls.
[8]
Minimum distance from building
front or rear wall to building front or rear wall: 70 feet.
[9]
Minimum distance from building
rear wall to building rear wall: 50 feet.
[10]
Minimum distance from any building
wall to public right-of-way, street or paved parking area: 12 feet.
[11]
Minimum distance from any building
wall to perimeter lot line: 50 feet.
[12]
It is encouraged that a variety
of unit widths and unit sizes be provided. The minimum width for individual
units shall be 20 feet, and the maximum width for individual units
shall be 30 feet. A minimum of 20% and a maximum of 60% of the units
shall be 20 feet to 24 feet wide and a minimum of 20% of the units
shall be 26 feet to 30 feet wide.
[13]
Maximum lot coverage: 75%.
[14]
Maximum building height: 35 feet.
[15]
There shall be no more than 10
units in any one building.
H.
Buffers. A landscaped buffer, 50 feet wide, shall be provided along the entire perimeter of a residential age-restricted development. The buffer, designed in accordance with § 175-93, shall contain existing wooded areas, dense plantings of evergreen trees and shrubs or landscaped earth berms. Buffer areas shall be developed in an aesthetic manner for the primary purpose of providing a year-round visual screen to the residential age-restricted development from adjacent rights-of-way and land uses. Fences, walls or structures shall not be permitted in the required buffer area.
I.
Open space and recreation.
(1)
A minimum of 35% of the total tract area shall be set aside as common open space and shall conform to the requirements of § 175-125.
(2)
All lands set aside for open space shall be
developed with active and passive recreational facilities to service
the needs of the residents of the residential age-restricted development.
Such facilities may include a swimming pool, tennis courts, shuffleboard
courts, bicycling trails, hiking trails, putting greens and/or picnic
areas. Residential age-restricted developments containing 200 or more
units shall provide a community building as the focal point of recreational
activities within the development. Recreation buildings shall be a
minimum of 3,000 square feet for the first 200 units and an additional
100 square foot per unit for all projects over 300 units.
J.
Additional standards for residential age-restricted
developments.
(1)
The layout and design of residential age-restricted
developments shall create a recognizable community center that encourages
pedestrian traffic and circulation. Walking paths and bike paths shall
be integrated into the plan and, where practical, connect to the Township
system.
(2)
All structures shall be constructed with a compatible
architectural theme, with appropriate variations in design to provide
attractiveness to the development.
(3)
All dwelling units shall connect to an approved
and functioning central water and sanitary sewerage treatment system.
(4)
A homeowners' association shall be created,
subject to the approval of the Planning Board, to ensure maintenance
of all common areas and facilities.
(5)
Private residential swimming pools, utility
sheds and/or other accessory buildings are specifically prohibited.
(6)
Fencing shall not be permitted, unless required
and/or approved by the Planning Board.
(7)
No storage of boats, trailers or campers shall
be permitted on any individual residential lot.
[Added 10-28-2013 by Ord. No. O:15-2013]
A.
Purpose. The purpose of the Mixed-Use (MU) District is to promote
an inclusionary market-rate residential and community commercial development
on an appropriately located tract of land in the non-Pinelands area
of the Township, while contributing to the off-site production of
housing for low- and moderate-income persons.
B.
Use.
(1)
Principal permitted uses.
(a)
Single-family attached (townhouse) dwellings.
(b)
Retail business and service establishments, including retail
shops, gasoline filling stations, personal service establishments,
business and professional offices, banks and fiduciary institutions,
eating and drinking establishments, hotels and motels, commercial
recreation and public assembly halls, funeral homes, commercial parking
lots and the like.
(c)
Public service infrastructure.
(2)
Permitted accessory uses.
(a)
Common recreational, social, educational, health and dining
facilities, such as a community buildings, swimming pools, tennis
courts, shuffleboard courts, bicycling and hiking trails, sports and
play areas, tot-lots, putting greens and/or picnic areas.
(b)
Off-street parking and private garages.
(c)
Fences and walls, which shall be uniform in size and materials
and complement the architectural style, type, and design of the dwelling
unit and the overall project design, as established during the site
plan review and approval process.
(d)
Decks and patios, which shall be uniform in size and materials
and complement the architectural style, type, and design of the dwelling
unit and the overall project design, as established during the site
plan review and approval process.
(e)
A coordinated sign package must be provided for review prior
to final approval. The size, location, design, color, texture, lighting
and materials of all temporary and permanent signs shall not detract
from the design of proposed buildings and structures and the surrounding
properties.
(f)
Entrance gateways, provided such structure(s) are located along
an entrance roadway(s) to the development, are located outside of
any required sight triangle, and are designed to complement the architectural
style and the overall project design.
C.
Area and bulk requirements.
(1)
Tract area: The tract area is approximately 61.7 acres. A minimum
of 15 acres shall be devoted to nonresidential development and produce
a minimum of 100,000 square feet of gross floor area, and a minimum
of 15 acres shall be reserved as common open space to serve as a buffer
between the residential component and the existing Hunter Woods development.
(2)
Density: The gross residential density is approximately 7.9
dwelling units per acre of the residential component of approximately
31.7 acres, for a maximum of 250 residential units. The developer
shall use its best efforts to achieve a residential development yield
of 250 residential units.
(3)
Bulk requirements.
(a)
Single-family attached dwellings (townhouses):
[1]
Minimum lot area: 2,000 square feet.
[2]
Minimum lot frontage or width: 20 feet.
[3]
Minimum lot depth: 100 feet.
[4]
Minimum front yard setback: 20 feet.
[5]
Minimum side yard (end unit) setback: 15 feet.
[6]
Minimum rear year setback: 20 feet.
[7]
Maximum lot coverage: 75%.
[8]
Maximum building height: three stories or 40 feet.
(b)
Community commercial:
[1]
Minimum tract area: 15 acres.
[2]
Minimum lot area: 20,000 square feet.
[3]
Minimum tract frontage or width: 450 feet.
[4]
Minimum lot frontage or width: 115 feet.
[5]
Minimum front yard setback: 30 feet.
[6]
Minimum side yard setback1,2: five feet.
[7]
Minimum rear year setback: 35 feet.
[8]
Maximum tract coverage: 75%.
[9]
Maximum lot coverage: 75%.
[10]
Minimum buffers: side yard: five feet with landscaping;
front yard: 10 feet with landscaping; and rear yard: 25 feet with
landscaping.
[11]
Maximum building height: three stories or 40 feet.
|
NOTES:
| ||
|---|---|---|
|
1
|
Except that corner lots shall have a side yard of 30 feet adjacent
to the nonfronting street.
| |
|
2
|
Subject to the requirements of § 175-163D(3)(d).
| |
D.
Affordable housing requirements.
(1)
In-lieu payment.
(a)
The developer of the residential component shall satisfy its
affordable housing obligation by virtue of paying a contribution in
lieu of constructing affordable units on site in the amount of $1,540,000
or $6,160 per market-rate unit, 1/2 at the time of the issuance of
a building permit for each unit and the balance at the issuance of
a certificate of occupancy. All in-lieu payments shall be placed in
the Township's Affordable Housing Trust Fund.
(b)
In addition, the developer of the nonresidential component may
also be required to pay a nonresidential development fee in accordance
with the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1
et seq.).
(2)
Affordable housing programs.
(a)
The payments shall be utilized for the funding, in whole or
in substantial part, of a market-to-affordable program, to be administered
by the Township, which market-to-affordable program shall yield the
production of a maximum of 56 affordable units. The production of
affordable units shall result in an off-site affordable housing set-aside
of 22.4% of the total market-rate units actually developed on the
property.
(b)
In the event that future circumstances dictate that low-income
units are not able to be produced through the market-to-affordable
program, the Township is permitted to produce low-income supportive
and special needs affordable housing units.
(c)
The affordable housing to be developed through the market-to-affordable
program is a component of an inclusionary development that includes
the residential development anticipated on the property.
(3)
Affordable housing production schedule. Within three months
of the developer making initial in-lieu payments of at least $110,000
to the Township, the Township shall designate an experienced administrative
agent which shall be required to provide the Court and Court Master
with an operating manual and affirmative marketing plan for the market-to-affordable
program. For every $275,000 collected of the total $1,540,000 in-lieu
payment required from the developer, the administrative agent shall,
within three months of receiving the monies, enter into such contracts
which will produce 10 market-to-affordable units or which will permit
a group home provider to close on a dwelling for a group home within
four months of the signed contract.
(4)
Affordability. At least 50% of the units to be produced off
site shall be affordable to low-income households as defined by COAH
regulations at N.J.A.C. 5:97 et seq., and in the Uniform Housing Affordability
Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq. The remainder shall
be affordable to moderate-income households as so defined. If rental
units are to be produced, 13% shall be affordable to very-low-income
households at 30% of the region's median income.
(5)
Duration of affordability controls. Each restricted unit shall
remain subject to the COAH regulations and the requirements set forth
in the UHAC regulations for a period of no less than 30 years. This
period may be extended as outlined in the regulations previously cited.
(6)
Administrative agent. Prior to the time that the market-to-affordable
program is implemented, the Township shall contract with an experienced
administrative agent which shall provide an operating manual and an
affirmative marketing plan. The administrative agent is responsible
for the implementation of COAH's regulations and the uniform housing
affordability controls, including but not limited to affirmative marketing
and the long-term administration of the off-site affordable units.
The administrative agent shall be the contact for any issues regarding
the implementation of the affordable housing programs.
(7)
Supportive and/or special needs housing. In the event that the
Township elects to include supportive and/or special needs housing
units in conjunction with the market-to-affordable program, a contract
must be entered into with an experienced group home provider, and
such group homes to be created must comply with COAH regulations,
currently codified at N.J.A.C. 5:97-6.10.
E.
Municipal improvement fee. The developer shall make an annual payment
of $25,000, paid into a separate dedicated fund for uses at the discretion
of the Township for items such as parks and recreation, library and
the like. The payment shall commence at $6,250 per quarter annum at
the time of the issuance of the first certificate of occupancy for
any unit within the residential component and quarterly thereafter
until such time as the issuance of a certificate of occupancy for
the first 25,000 square feet within the nonresidential component.
In the event the developer commences construction for at least 25,000
square feet of nonresidential development prior to the receipt of
any certificate of occupancy for any unit within the residential component,
the municipal improvement fee shall not be required.
F.
Buffers. A landscaped buffer, 50 feet wide, shall be provided along the entire perimeter of the residential component of the development, and a landscaped buffer, 25 feet wide, shall be provided between the residential and nonresidential components. The buffer, designed in accordance with § 175-93, shall contain existing wooded areas, dense plantings of evergreen trees and shrubs or landscaped earth berms. Buffer areas shall be developed in an aesthetic manner for the primary purpose of providing a year-round visual screen to the development from adjacent rights-of-way and land uses. Fences, walls or structures shall not be permitted in the required buffer area, unless they are proposed for decorative or safety purposes.
G.
Open space and recreation.
(1)
A minimum of 20% of the residential component of the development area shall be set aside as common open space, and shall conform to the requirements of § 175-125.
(2)
Some of the lands set aside for open space shall be developed
with active and passive recreational facilities to service the needs
of the residents of the development. Such facilities may include,
but are not limited to, pedestrian and bicycling trails, hiking trails,
and/or picnic areas.
(3)
A payment in the amount of $1,040 for each market-rate residential
unit, into the Township's recreation trust fund, shall be payable
in lump sums for all units in each phase upon the issuance of the
first building permit for that phase within the residential component.
The developer shall be entitled to a credit of $50,000 against this
requirement for the construction of the following recreational facilities
which shall be included within the residential component:
(a)
A six-foot-wide pedestrian access and bikeway from the current
municipal bike trail to the nonresidential component within the development,
which access and bikeway shall provide connectivity between the nonresidential
component and the residential component and also run through the open
space buffer to be located between the residential component and the
existing Hunter Woods development. Such connectivity may be achieved
through use of Township bikeways, greenways and rights-of-way; and
(b)
A small open space area within the residential component of
the development accessible to the proposed bikeway.
H.
Additional standards for mixed-use developments.
(1)
General.
(a)
The layout and design of the development shall create a recognizable
community that encourages pedestrian traffic and circulation. Walking
paths and bike paths shall be integrated into the plan and, where
practical, connect to the Township system.
(b)
All structures shall be constructed with a compatible architectural
theme, with appropriate variations in design to provide attractiveness
throughout the development. The architectural theme shall include
buildings, signage, fencing, lighting, paving, curbing, landscaping
and other similar and related physical features.
(c)
All principal structures shall connect to an approved and functioning
centralized water and sanitary sewage treatment system.
(d)
All parking areas except for streets, open space areas, recreational
areas and paths, stormwater management measures, landscaping, and
other common areas within the development shall be privately owned
and maintained in accordance with a plan for such maintenance approved
by the Planning Board and implemented by legal documentation to be
reviewed and approved by the Planning Board Solicitor.
(2)
Townhouses.
(a)
The development shall contain a mix of building types, provided
that no more than four buildings contain seven or more housing units
and no building shall exceed 160 feet in length.
(b)
A homeowners' association (HOA) shall be created, subject to
the approval of the Planning Board, to ensure maintenance of all common
areas and facilities. The internal streets of the development shall
be constructed to Township and R.S.I.S. standards and dedicated to
Monroe Township. Trash removal shall be the responsibility of the
HOA for which it shall be reimbursed by Monroe Township under terms
to be worked out. Snow removal of the streets shall be the responsibility
of the HOA for which there will be no reimbursement by Monroe Township.
In accordance with § 175-140F(8)(c), the HOA must provide
a budget for maintenance and funding of the basins to Monroe Township
for its review and approval.
(c)
Private residential swimming pools, utility sheds and/or other
accessory buildings are specifically prohibited.
(d)
Architectural design. Single-family attached dwelling units
and structures shall have an overall theme and architectural design
in order to provide an attractive and aesthetically desirable effect,
as well as variations in the design and architectural elements. Plans
for townhouses shall include consideration of the following:
[1]
Landscaping techniques.
[2]
Building orientation to the site and to other structures.
[3]
Natural features such as wooded areas, topography,
drainage and soil features.
[4]
Individual dwelling unit designs that include staggering
unit setbacks, providing different exterior materials, varying rooflines
and roof designs, altering building heights, type of windows, doors,
shutters, porches, colors and the orientation of facade, either singularly
or in combination of each dwelling unit.
[5]
No single-family attached dwelling unit development
project shall be approved without adequate controls established to
ensure the continued integrity of the architectural design theme,
the aesthetics and the environmental site planning considerations
of the project.
[6]
Unit layout shall be in a clustered, nonlinear
pattern. Maximum number of units oriented in the same direction (within
30°) on a road shall be 20.
(e)
Other single-family attached dwelling unit building design and
performance standards.
[1]
Single-family attached dwelling unit structures
shall be arranged and designed so that a maximum number of dwelling
units front directly on the common open space and/or take advantage
of the natural terrain, provided that such arrangement does not compromise
anticipated residential yield within the residential component.
[2]
Single-family attached dwelling unit structures
shall not front on a street external to the project site.
[3]
Building facades shall be offset a minimum of four
feet after every two dwelling units within single-family attached
dwelling unit structures.
[4]
All utility lines, including telephone and electric
transmission service, shall be installed underground.
[5]
Adequate facilities for disposal of refuse shall
be provided, and all refuse disposal units or locations for deposit
shall be screened from view and designed in such a fashion as to prevent
access from rodents and blowing away of refuse.
[6]
Any outdoor storage area shall be completely screened
from view from any public right-of-way, yard or any residential use.
All organic rubbish or storage shall be contained in an airtight,
vermin-proof container. Such area shall be surrounded by fencing and/or
vegetation planted of an appropriate height and thickness to accomplish
the required screening.
[7]
Each single-family attached dwelling unit shall
include adequate space for individual laundry facilities and a minimum
of 300 cubic feet of storage space.
[8]
Parking. Off-street parking is to be provided in
all instances. The parking areas should be arranged so as to prevent
through traffic to other parking areas. Parking areas shall not be
created which necessitates entry and exit from each space onto a subcollector,
collector or arterial street.
[a]
No more than 60 spaces shall be accommodated in
any single parking area.
[b]
No more than 15 spaces may be permitted in a continuous
row without an adequate planted break of at least 10 feet, and such
break between rows shall be adequately landscaped.
[c]
Landscaping shall be provided around parking areas
to offset adverse effects.
[d]
Parking areas, aisles, etc., shall have sufficient
maneuvering room to accommodate medium-size trucks, such as moving,
delivery and refuse trucks, where applicable.
[e]
No parking shall be allowed along any street which
is of subcollector classification or higher.
[f]
Ramps or driveways leading from the street to parking
areas should be at least 24 feet wide for two-way traffic and at least
15 feet wide for one-way traffic, except a driveway to an individual
unit which may be 12 feet.
[g]
Parking areas should have curbs made of granite
block or concrete for durability and to clearly mark the traveled
right-of-way and prevent damage to the pavement edge. Asphalt curb
and/or railroad ties will not be permitted.
[h]
Visitor parking areas are to be provided and are
not to be more than 400 feet from the dwelling unit. No on-street
parking is to be permitted.
[i]
At least 5% of the parking area is to be landscaped.
[9]
Lighting.
[a]
Lighting shall be provided to promote security,
safety and convenience. Street and path lighting should be selected
to have a high illuminating efficiency to conserve energy and of a
quality construction to deter vandalism. Lighting shall be so arranged
as to protect street and adjoining properties from direct glare or
hazardous interference of any kind.
[b]
Lighting design and layout are to be reviewed by
the Township before construction. A lighting plan must be submitted
with the preliminary plans.
[10]
Landscaping.
[a]
Landscaping shall be provided throughout the development,
including but not limited to open space areas, drainage facility areas,
parking areas, buffer areas, dwelling unit areas, etc.
[i]
A landscape plan should show all existing major
tree growths and existing natural features. It should indicate the
number, type and size of trees, shrubs and ground cover to be planted,
and their location. The plan should indicate what protection devices
will be used to protect existing trees.
[ii]
The landscape plan should break up long buildings
and screen off parking, service and utility areas.
[iii]
The landscape plan should take into consideration
the local soil conditions, lack of or abundance of water, topography
and climatological factors.
[iv]
Trees should be placed on the house side of the
walk at least three feet from the walk. Trees are not to be placed
along a street between the walk and curb.
[v]
A minimum of 5% of the parking area shall be devoted
to landscaping.
[vi]
Fences or walls being constructed should complement
the structure, type and design of the principal structure.
[b]
Landscaping design and layout are to be reviewed
by the Township before construction. A landscaping plan must be submitted
with the preliminary plans.
[11]
Utilities, laundry, refuse disposal and storage.
[a]
Prior to the erection of any single-family attached
dwelling unit, each plan of development must provide a description
of the provisions made for sewerage and waste disposal, water supply
and stormwater drainage. A certification as to the adequacy of the
proposed sewerage disposal system or the adequacy of the existing
municipal water and sewer facilities to serve the proposed use by
the Board Engineer and the Monroe Township Municipal Utilities Authority
shall be required.
[b]
Within the single-family attached dwelling unit
development, provisions shall be made by the developer of the project
for the installation of any and all public water, sewage and drainage
facilities or such facilities as shall be required. All installations
of such improvements will be made at the sole cost of the developer.
[12]
Common open space.
[a]
Owner's responsibility to maintain. It shall be
the owner's responsibility to keep and maintain all open space, including
recreational areas and such other common areas of use within the owner's
control such as grounds, streets, driveways, curbs, sidewalks and
lighting in a safe, clean and orderly condition. All common facilities
and open space set forth in the development plan shall be maintained
and preserved in the manner designated.
[b]
Developer's agreement. Prior to final approval
for any plan of development for a high density residential use, the
developer, owner or such person, persons, association or group designated
to own and/or to maintain the common open space, including recreational
area and common facilities within the development, shall be required
to execute an agreement with the Township of Monroe guaranteeing the
continued compliance with the development plan and the maintenance
of such common open space and facilities contained therein. This agreement
shall be binding on the heirs, successors and assigns of the executing
party, and approved in form and substance by the Township Solicitor.
(3)
Community commercial.
(a)
The community commercial portion of the development shall have
a minimum tract size of 15 acres immediately adjacent to Glassboro-Williamstown
Road and Fries Mill Road. A pedestrian and bicycle connection shall
be made between the commercial and residential components of the development
and between the residential component and existing bike path.
(b)
The community commercial area shall be designed according to
a comprehensive master site development plan. In addition, internal
site landscaping, lighting, building design and common area maintenance
guideline control standards shall be established.
(c)
The distance, at the closest point, between any two buildings
shall not be less than 20 feet. In the case of two or more buildings
being connected through the use of a breezeway or similar feature,
the minimum distance between buildings may be reduced, but shall not
be less than 10 feet.
(d)
Off-street parking areas shall be interspersed in convenient
locations intended to accommodate a small grouping of structures.
The minimum distance between the edge of a parking lot or driveway
and any building shall be 10 feet.
(e)
All buildings shall be designed to convey a small-scale neighborhood
theme and character. Buildings included in the community commercial
area shall contain the following design elements:
[1]
Provide shed or pitched roofs, dormers on the second
floor and other similar design features such as overhanging eaves.
Roof colors shall be traditional and compatible with retail and residential
uses in the area.
[2]
Provide consistency in the architectural treatment
of building facades and diversity in the horizontal length of buildings
through introduction of offsets at irregular intervals along the facade
of a building.
[3]
Provide a variety of building heights, not to exceed
40 feet.
(f)
An internal pathway system shall be created to provide access
to all buildings, open space areas and parking areas to be located
in the community commercial area.
[Added 4-24-2007 by Ord. No. O-20-2007; amended 7-24-2007 by Ord. No. O-37-2007; 10-28-2008 by Ord. No. O:39-2008; 4-14-2009 by Ord. No. O:05-2009; 10-27-2009 by Ord. No. O:34-2009]
A.
Intent.
(1)
The intent of the Mixed-Use Age-Restricted (MU-AR)
District is to promote residential and community commercial development
on appropriately located tracts of land in the non-Pinelands areas
of the Township, especially designed to meet the special housing needs
of older persons, with special emphasis on their particular physical
and social needs, and the housing needs of low- and moderate-income
persons. The parcels of land assembled for these developments shall
be of sufficient size to permit the unified development of tracts
of land with primary access to the principal or collector roads of
the Township.
(2)
It is the policy of the Township to permit additional
opportunities for senior housing that:
(a)
Provide for the present and future community
needs for both affordable and market-rate age-restricted housing in
appropriate locations.
(b)
Allow innovation in the design of housing by
providing flexible design standards, which relate to the type and
layout of residential development on a particular site.
(c)
Protect environmentally sensitive lands by requiring
that the more fragile areas of the site remain in permanent preserved
open space.
B.
Affordable housing requirements.
(1)
General. All developments with affordable on-site
housing units shall adhere to the requirements set forth by the New
Jersey Council on Affordable Housing (COAH) in its Substantive Rules,
N.J.A.C. 5:94 1.1 et seq., and the Uniform Housing Affordability Controls
(UHAC), N.J.A.C. 5:80-26.1 et seq. The requirements in these regulations
shall supersede any local requirements, including amendments made
to the codes previously described to update and modernize them.
(2)
Design and siting of affordable housing. All
low- and moderate-income housing shall be blended into the development.
These units shall not be segregated on the site; they must have a
similar footprint to all other nonaffordable units; and they must
have the same heating systems that the market-rate units are provided.
(3)
Affordability. At least 50% of the units in
a development shall be affordable to low-income households as defined
by COAH and in the UHAC regulations. The affordability range shall
apply to all required bedroom distributions. At least 50% of each
bedroom distribution shall be low-income as defined by COAH, and the
remainder shall be moderate-income units as defined by COAH.
(4)
Occupancy and affordability. In determining
the initial rents and sales prices for compliance with the COAH requirements,
the following standards shall be used:
(a)
A studio unit shall be affordable to a one-person
household;
(b)
A one-bedroom unit shall be affordable to a
one-and-one-half-person household;
(c)
A two-bedroom unit shall be affordable to a
three-person household;
(d)
A three-bedroom unit shall be affordable to
a four-and-one-half-person household; and
(e)
A four-bedroom unit shall be affordable to a
six-person household.
(5)
Duration of affordability controls. Each restricted
unit shall remain subject to the COAH requirements and the requirements
set forth in the UHAC regulations for a period of no less than 30
years. This period may either be extended or shortened as outlined
in the regulations previously cited.
(6)
Affirmative marketing. All developments are
required to be affirmatively marketed throughout the housing region
assigned by COAH. These affirmative marketing procedures are outlined
in the Affirmative Marketing Plan adopted by the Township and approved
by COAH. Four months in advance of the first units being available
for sale or rent, the developer must contact the administrative agent
appointed by the Township to implement this plan.
(7)
Administrative agent. The administrative agent
is responsible for the implementation of COAH's requirements and the
Uniform Housing Affordability Controls. The administrative agent shall
be the contact for any issues regarding the implementation of the
Housing Element and Fair Share Plan.
(8)
COAH Requirements. Any developer is responsible
to provide, in addition to the total number of market-rate units,
an additional unit count equal to 22% of the above as units affordable
to low- and moderate-income households. These units can either be
provided on-site or at an off-site location of mutual agreement between
the Planning Board, governing body of the Township and the developer.
C.
Age and occupancy requirements. The following age
and occupancy requirements shall apply to all dwelling units in a
mixed-use age-restricted affordable housing development:
(1)
Permanent residents shall be at least 55 years
of age, except that a spouse may occupy a unit together with his or
her spouse who is at least 55 years of age. "Permanent residents"
are defined as people who live in the units more than 30 days in any
twelve-month period.
(2)
A maximum of one child, 18 years of age or older,
may reside as a permanent resident with his or her parent(s) or legal
guardian(s).
(3)
No more than three permanent residents shall
occupy any one unit.
D.
Use and density.
(1)
Density. The maximum permitted density is 4.5
dwelling units per acre.
(2)
Principal permitted uses.
(b)
Single-family attached (townhouses) dwelling.
(c)
Retail business and service establishments,
including retail shops, personal service establishments business and
professional offices, banks and fiduciary institutions, eating and
drinking establishments, hotels and motels, commercial recreation
and public assembly halls, funeral homes, commercial parking lots
and the like.
(e)
Public service infrastructure.
(f)
Planned development.
(g)
Craft alcoholic beverage establishments.
[Added 10-26-2015 by Ord.
No. O:35-2015]
(3)
Permitted accessory uses.
(a)
Common recreational, social, educational, health
and dining facilities, such as a community building, swimming pools,
tennis courts, shuffleboard courts, bicycling and hiking trails, and
sports and play areas, putting greens and/or picnic areas.
(b)
Off-street parking and private garages.
(c)
Fences and walls, which shall be uniform in
size and materials and complement the architectural style, type, and
design of the dwelling unit and the overall project design, as established
during the site plan review and approval process. All fences and walls
shall be constructed when the development is constructed.
(d)
Decks and patios, which shall be uniform in
size and materials and complement the architectural style and design
of the dwelling unit and the overall project design, as established
during the site plan review and approval process. All decks and patios
shall be constructed when the development is constructed.
(e)
A coordinated sign package must be provided
for review prior to final approval. The size, location, design, color,
texture, lighting and materials of all temporary and permanent signs
shall not detract from the design of proposed buildings and structures
and the surrounding properties.
(f)
Entrance gateways, provided such structures
are located along an entrance roadway(s) to the property, are located
outside of any required site triangle, and are designed to complement
the architectural style and the overall project design.
E.
Area and bulk requirements.
(1)
Tract area: the minimum required tract area
is 100 acres.
(2)
Bulk requirements.
(a)
Single-family attached dwellings (townhouses):
[1]
Minimum lot area: 2,000 square
feet.
[2]
Minimum lot depth: 100 feet.
[3]
Minimum lot frontage or width:
20 feet.
[4]
Maximum lot frontage or width:
30 feet.
[5]
Minimum front yard setback: 20
feet.
[6]
Minimum side yard (end unit) setback:
25 feet; may be reduced to 15 feet with special architectural articulation
of the end walls, including special fenestration or side entry units
and upgraded facade materials. All facades of townhouse units shall
be articulated with fenestration. There shall be no blank walls.
[7]
Maximum lot coverage: 75%.
[8]
Maximum building height: 2 1/2
stories or 35 feet.
(b)
Community commercial:
[1]
Minimum tract area: four acres.
[2]
Minimum tract frontage or width:
200 feet.
[3]
Minimum front yard setback: 30
feet.
[4]
Minimum side yard setback: five
feet.
[5]
Minimum rear yard setback: 35 feet.
[6]
Maximum tract coverage: 75%.
[7]
Minimum buffers: side yard, five
feet with landscaping; front yard, 10 feet with landscaping; and rear
yard, 25 feet with landscaping.
[8]
Minimum buffers adjacent to residential
zones: 25 feet.
[9]
Maximum building height: three
stories or 40 feet.
F.
Buffers. A landscaped buffer, 50 feet wide, shall be provided along the entire perimeter of the development. The buffer, designed in accordance with § 175-93, shall contain existing wooded areas, dense plantings of evergreen trees and shrubs or landscaped earth berms. Buffer areas shall be developed in an aesthetic manner for the primary purpose of providing a year-round visual screen to the development from adjacent rights-of-way and land uses. Fences, walls or structures shall not be permitted in the required buffer area.
G.
Open space and recreation.
(1)
A minimum of 35% of the total tract area shall be set aside as common open space, and shall conform to the requirements of § 175-125.
(2)
Some of the lands set aside for open space shall
be developed with active and passive recreational facilities to service
the needs of the residents of the development. Such facilities may
include, but are not limited to, a swimming pool, tennis courts, shuffleboard
courts, bicycling trails, hiking trails, sports and play areas, putting
greens and/or picnic areas. Mixed-use age-restricted affordable developments
shall provide a community building as the focal point of recreational
activities within the development. A community building shall be a
minimum of 3,000 square feet in size.
H.
Additional standards for mixed-use age-restricted
affordable housing developments.
(1)
General.
(a)
The layout and design of the development shall
create a recognizable community that encourages pedestrian traffic
and circulation. Walking paths and bike paths shall be integrated
into the plan and, where practical, connect to the Township system.
(b)
All structures shall be constructed with a compatible
architectural theme, with appropriate variations in design to provide
attractiveness throughout the development. The architectural theme
shall include buildings, signage, fencing, lighting, paving, curbing,
landscaping and other similar and related physical features.
(c)
All principal structures shall connect to an
approved and functioning centralized water and sanitary sewage treatment
system.
(d)
No storage of boats, trailers or campers shall
be permitted within the development.
(f)
The provision of a bus shelter(s) to service
the needs of the development shall be addressed at site plan review.
(g)
All property, roadways, parking areas, entrances,
landscaping, and other common areas within the development shall be
privately owned and maintained in accordance with a plan for such
maintenance approved by the Planning Board and implemented by legal
documentation to be reviewed and approved by the Planning Board Attorney.
(2)
Townhouses.
(a)
The development shall contain a mix of four-,
five-, and six-unit buildings. There shall be no more than six units
in any one building.
(b)
Vehicular access to the residential portion
of the development shall be restricted to Pitman-Downer Road.
(c)
A homeowners' association shall be created,
subject to the approval of the Planning Board, to ensure maintenance
of all common areas and facilities.
(d)
Private residential swimming pools, utility
sheds and/or other accessory buildings are specifically prohibited.
(3)
Community commercial.
(a)
The community commercial portion of the development
shall have a minimum tract size of four acres. A pedestrian and bicycle
connection shall be made between the commercial and residential sections
of the site.
(b)
The community commercial portion of the site
shall have frontage along Pitman-Downer Road and Franklinville-Turnersville
Road.
(c)
The community commercial area shall be designed
as a single complex according to a comprehensive master site development
plan. In addition, internal site landscaping, building design and
common area maintenance guideline control standards shall be established.
(d)
The distance, at the closest point, between
any two buildings shall not be less than 20 feet. In the case of two
or more buildings being connected through the use of a breezeway or
similar feature, the minimum distance between buildings may be reduced,
but shall not be less than 10 feet.
(e)
Off-street parking areas shall be interspersed
in convenient locations intended to accommodate a small grouping of
structures. The minimum distance between the edge of a parking lot
or driveway and any building shall be 15 feet.
(f)
All buildings shall be designed to convey a
small-scale neighborhood theme and character. Buildings included in
the community commercial area should contain the following design
elements:
[1]
Provide shed or pitched roofs,
dormers on the second floor and other similar design features such
as overhanging eaves. Roof colors shall be traditional and compatible
with retail and residential uses in the area.
[2]
Provide consistency in the architectural
treatment of building facades and diversity in the horizontal length
of buildings through introduction of offsets at irregular intervals
along the facade of a building.
[3]
Provide a variety of building heights,
not to exceed 40 feet.
(g)
Exterior freestanding lighting fixtures shall
not exceed the height of proposed structures and in no case shall
be greater than 18 feet in height. The source of illumination shall
be recessed and shielded within the fixture itself and shall be consistent
in character with the design of the planned community commercial area.
(h)
An internal pathway system shall be created
to provide access to all buildings, open space areas and parking areas
to be located in the community commercial area.
(i)
Construction of the community commercial portion
of the development shall be mandatory and shall be completed prior
to the commencement of the final 25% of the dwelling units in the
overall development.
[Added 4-24-2007 by Ord. No. O-21-2007; amended 2-24-2009 by Ord. No. O:02-2009]
A.
Intent. The intent of the Affordable Housing (AH)
District is to promote affordable housing on appropriately located
tracts of land in the non-Pinelands area of the Township, with special
emphasis on the housing needs of low- and moderate-income persons.
The parcels of land assembled for these developments shall be of sufficient
size to permit the united development of tracts of land with primary
access to the principal or collector roads of the Township.
B.
Affordable housing requirements.
(1)
Affordable developments shall split their units
as follows:
(a)
The combined number of efficiency and one-bedroom
units shall not exceed 20% of the total low- and moderate-income units
on site.
(b)
At least 30% of all low- and moderate-income
units constructed on site shall be two-bedroom units.
(c)
At least 20% of all low- and moderate-income
units constructed on site shall be three-bedroom units.
(d)
The remainder of the units may be distributed
between the two- and three-bedroom unit categories at the discretion
of the developer.
C.
Use.
(2)
Permitted accessory uses.
(a)
Common recreational and social facilities, such
as a community building, basketball courts, tennis courts, bicycling
and hiking trails, and sports and play areas, and/or picnic areas.
(b)
Off-street parking and carports.
(c)
Fences and walls, which shall be uniform in
size and materials and complement the architectural style, type, and
design of the dwelling unit and the overall project design, as established
during the site plan review and approval process. All fences and walls
shall be constructed when the development is constructed.
(d)
Decks and patios, which shall be uniform in
size and materials and complement the architectural style and design
of the dwelling unit and the overall project design, as established
during the site plan review and approval process. All decks and patios
shall be constructed when the development is constructed.
(e)
A coordinated sign package must be provided
for review prior to final approval. The size, location, design, color,
texture, lighting and materials of all temporary and permanent signs
shall not detract from the design of proposed buildings and structures
and the surrounding properties.
(f)
Entrance gateways, provided such structures
are located along entrance roadways to the property, are located outside
of any required sight triangle, and are designed to complement the
architectural style and overall project design.
D.
Area and bulk requirements.
(1)
Tract area: The minimum required tract area
for affordable housing developments is 30 acres.
(2)
Density: The maximum permitted gross density
shall be 3.60 units per acre. The total number of dwelling units shall
not exceed 132.
(3)
Bulk requirements:
(a)
Minimum lot frontage or width: 200 feet.
(b)
Minimum lot depth: 200 feet.
(c)
Minimum setbacks: 15 feet from parking lot,
50 feet from principal or collection roads, and 30 feet from side
and rear property lines.
(d)
Maximum lot coverage: 50%.
(e)
Maximum building height: 2 1/2 stories
or 35 feet.
(f)
Distance between buildings: 40 feet.
E.
Buffers. A landscaped buffer, 30 feet wide, shall be provided along the entire perimeter of the development. The buffer, designed in accordance with § 175-93, shall contain existing wooded areas, dense plantings of evergreen trees and shrubs or landscaped earth berms. Buffer areas shall be developed in an aesthetic manner for the primary purpose of provided year-round visual screen to the development from adjacent rights-of-way and land uses. Fences, walls or accessory structures may be permitted in the required buffer area by the Planning Board.
F.
Open space and recreation.
(1)
A minimum of 50% of the total tract area shall be set aside as common open space, and shall conform to the requirements of § 175-125.
(2)
Some of the lands set aside for open space shall
be developed with active and passive recreational facilities to service
the needs of the residents of the development. Such facilities may
include, but are not limited to, tennis courts, shuffleboard courts,
bicycling trails, hiking trails, and/or picnic areas. Affordable housing
developments shall provide a community building as the focal point
of recreational activities within the development.
G.
Additional standards for affordable housing developments.
(1)
The layout and design of residential age-restricted
developments shall create a recognizable community center that encourages
pedestrian traffic and circulation. Walking paths and bike paths shall
be integrated into the plan and, where practical, connect to the Township
system.
(2)
All structures shall be constructed with a compatible
architectural theme, with appropriate variations in design to provide
attractiveness to the development, The architectural theme shall include
buildings, signage, fencing, lighting, paving, curbing, landscaping
and other similar and related physical features.
(3)
All principal structures shall connect to an
approved and functioning centralized water and sanitary sewage treatment
system.
(4)
No storage of boats, trailers or campers shall
be permitted within the development.
(6)
The provision of a bus shelter(s) to service
the needs of the development shall be addressed at site review.
(7)
All property, parking areas, entrances, landscaping,
and other common areas within the development shall be privately owned
and maintained in accordance with a plan for such maintenance approved
by the Planning Board and implemented by legal documentation to be
reviewed by the Planning Board Attorney.
(8)
The development shall contain a mix of six-
and eight-unit buildings. There shall be no more than eight units
in any one building.
[Amended 5-21-1990 by Ord. No. O-11-90; 11-23-2004 by Ord. No. O-46-2004; 4-24-2007 by Ord. No. O-23-2007]
A.
Purpose.
(1)
The purpose of these districts is to provide opportunities
for employment in proximity to the existing residential centers of
the Township. This zoning plan is arranged to foster an expansion
of industrial and commercial uses in an orderly fashion.
(2)
The provisions of this section are not meant to be
applied to zoning districts within the Pinelands Management Areas.
B.
Permitted uses.[1]
[1]
Editor's Note: The Schedule of Limitations is included at the end of this chapter.
C.
Additional standards for permitted uses.
(1)
Light industrial uses, where permitted, shall comply
with the following standards:
(a)
No noxious, offensive or hazardous use shall
be permitted unless adequate provision is made to reduce and minimize
such objectionable elements. The use shall be required to meet or
exceed all governmental standards governing said elements.
(b)
Should the proposed use raise questions of public
health, safety or welfare, the Board may bring in consultants and
other independent experts, as the Board deems necessary, for their
evaluation and opinion. The cost of any independent consultant or
expert shall be borne by the applicant from the escrow fees posted.
(c)
No building may be erected, altered or used
and no premises may be used in or within 100 feet of a residence district
where the use may involve noxious or offensive odors, dust, vibrations,
illuminations or noise or which may be a public nuisance.
(d)
No occupancy permit shall be granted to a proposed
new use without first conforming to the requirements for site plan
approval.
(e)
No building erected for manufacturing purposes
shall be located within 100 feet of an existing residence.
(2)
Community commercial uses, where permitted, shall
comply with the following standards:
(a)
The side yard requirements may, in the discretion
of the Board, be reduced in size and replaced by either: providing
internal driveways from the proposed use to the adjacent commercial
use, so as to provide access without returning to the public highway;
or providing buffers between uses.
D.
C Commercial District.
[Amended 11-23-2004 by Ord. No. O-46-2004]
(1)
Use.
(a)
Principal permitted uses.
(b)
Conditional uses.
[4]
Fraternal or social lodges or clubs, subject to § 175-162D(1).
[5]
Institutional uses, subject to § 175-162D(1).
[6]
Apartments above commercial establishments,
subject to the following:
[a]
Off-street parking must be provided
to a minimum ratio of 1.5 spaces per unit with at least one space
per unit reserved in a designated area.
[b]
Total building height is limited
to three stories.
[c]
Minimum size unit is 800 square
feet.
[d]
Each unit must have either an outside
deck, balcony or french balconette.
[e]
Access to units must be through
an elevator and/or stair lobby leading to interior corridors.
[Amended 10-26-2015 by Ord. No. O:35-2015]
(2)
Area and bulk requirements.
(a)
Community commercial:
[1]
Minimum lot area: 20,000 square feet.
[2]
Minimum lot frontage/width: 115 feet.
[3]
Minimum front yard/building setback: 30 feet.
[4]
Maximum front yard/building setback: 60 feet
with a maximum of single row of parking in front.
[5]
Minimum side yard: five feet.
[6]
Minimum rear yard: 35 feet.
[7]
Maximum lot coverage: 75%.
[8]
Minimum buffers: side yard, five feet with landscaping;
front yard, 10 feet with landscaping; rear yard, 25 feet with landscaping.
Minimum buffers adjacent to residential zones: 25 feet.
[9]
Maximum building height: three stories and 40
feet.
(b)
Neighborhood commercial:
[1]
Minimum lot area: 20,000 square feet.
[2]
Minimum lot frontage/width: 100 feet.
[3]
Minimum front yard/building setback: 25 feet.
[4]
Maximum front yard/building setback: 60 feet
with a single row of parking.
[5]
Minimum side yard: 20 feet.
[6]
Minimum rear yard: 25 feet.
[7]
Maximum lot coverage: 75%.
[8]
Minimum buffers: side yard, 10 feet with landscaping;
front yard, 10 feet with landscaping; rear yard, 25 feet with landscaping.
Minimum buffers adjacent to residential zones, 25 feet.
(c)
Planned commercial:
(d)
Wholesale distribution and warehouse facilities
and vehicle storage yards:
(3)
Additional standards for permitted uses.
(a)
No occupancy permit shall be granted to a proposed
new use without first conforming to the requirements for site plan
approval.
(b)
All building walls shall be suitably finished
for aesthetic purposes. Blank architectural walls shall be discouraged.
Architectural techniques to reinforce and to address "human" scale
shall be employed.
(c)
All portions of the property not utilized by
buildings or paved surfaces shall be landscaped utilizing combinations
such as fencing, shrubbery, lawn area, ground cover, berms, existing
foliage and the planting of conifers and/or deciduous trees native
to the area in order to either maintain or reestablish the tone of
the vegetation in the area and lessen the visual impact of the structures
and paved areas. Exotic invasive plant materials shall be prohibited.
The established grades on any site shall be planted for both aesthetic
and drainage purposes. The grading plan, drainage facilities and landscaping
shall be coordinated to prevent erosion and silting as well as assuring
that the capacity of any natural or man-made drainage system is sufficient
to handle the water generated and anticipated both from the site and
contributing upstream areas.
(d)
The side yard requirements may, in the discretion
of the Planning Board, be reduced in size and replaced by either providing
internal driveways from the proposed use to the adjacent commercial
use, so as to provide access without returning to the public highway
or providing buffers between uses.
(e)
Each activity shall provide for off-street loading and unloading with adequate ingress to and egress from streets, in accordance with the requirements of § 175-123. Such areas shall be provided at the side or rear of the building. There shall be no loading or unloading from any street.
(f)
There shall be at least one trash and garbage
pickup location provided for each building, which shall be separated
from the parking spaces by the storage of trash and/or garbage in
a steel-like, totally enclosed container located in a manner to be
obscured from view from parking areas, streets and adjacent residential
uses or zoning districts by a fence, wall, planting or combination
of the three.
(g)
Cross easements between and among adjacent commercial
properties for both pedestrian and vehicular movement is required.
E.
Requirements for conditional use: vehicle storage
yards.
[Added 6-20-1988 by Ord. No. O-15-88]
(1)
There shall be a minimum of 2,500 square feet per
vehicle.
(2)
An opaque fence of a minimum height of eight feet
shall enclose entirely the storage area.
(3)
When abutting a residence zone, said fence shall be
set back 25 feet from the property line. This twenty-five-foot strip
shall be suitably landscaped as a visual buffer.
(4)
No maintenance or servicing shall be permitted, other
than normal fueling, lubrication or cleaning.
(5)
Site plan approval shall be required under appropriate
provisions of this chapter.
F.
Planned industrial developments: conditions.
(2)
Site design shall require maximum attention to proper
site design considerations, including the location of structures and
parking areas, proper ingress and egress, development of an interior
street system, architectural design, landscaping and the compatibility
of any proposal with the natural foliage, soils, contours, drainage
patterns and the need to avoid visual intrusions and performance nuisances
upon adjacent residences or residential zones.
(3)
Gross floor area. Planned industrial uses shall have
a total minimum gross floor area of 80,000 square feet, which shall
be contained within at least two principal buildings which can be
structurally connected for efficient pedestrian circulation.
(4)
Any principal building may contain more than one use
or organization. Any lot may contain more than one principal building,
provided that the total building coverage specified herein is not
exceeded and the following building separation requirements are met.
(a)
All principal buildings shall be separated by
a minimum of 40 feet, provided that such separation is to be used
solely for pedestrian circulation. Principal buildings within planned
commercial uses may be structurally linked, provided that such linkages
are part of a well-conceived architectural design and representative
architectural achievements with such concepts.
(b)
All principal buildings shall be separated by
a minimum of 75 feet when such separation is to be used for parking
or vehicular circulation.
(5)
At least the first 30 feet adjacent to any street
line and 20 feet adjacent to any lot line shall be planted and maintained
in lawn area or ground cover or landscaped with evergreen shrubbery
and shall be separated from the parking area by suitable curbing as
determined by this chapter and the Planning Board during site plan
review.
(6)
No merchandise, products, waste equipment or similar
material or objects shall be displayed or stored outside except for
outdoor storage of mobile equipment.
(7)
All buildings shall be compatibly designed, whether
constructed all at one time or in stages over a period of time. All
building walls facing any street or residential district line shall
be suitably finished for aesthetic purposes.
(8)
All portions of the property not utilized by buildings
or paved surfaces shall be landscaped utilizing combinations such
as landscaped fencing, shrubbery, lawn area, ground cover, rock formations,
contours, existing foliage and the planting of conifers and/or deciduous
trees native to the area in order to either maintain or reestablish
the tone of the vegetation in the area and lessen the visual impact
of the structures and paved areas. The established grades on any site
shall be planted for both aesthetic and drainage purposes. The grading
plan, drainage facilities and landscaping shall be coordinated to
prevent erosion and silting as well as assuring that the capacity
of any natural or man-made drainage system is sufficient to handle
the water generated and anticipated both from the site and contributing
upstream areas.
(9)
A minimum buffer area of 50 feet in width shall be provided along any common property line with a residential district in accordance with § 175-93 of this chapter.
(10)
Parking shall be as required by § 175-123 of this chapter, but in no case shall the total parking area for a planned industrial development be less than the total resulting from 1,250 square feet of parking lot area to every 1,000 square feet of gross floor area.
(11)
Each activity shall provide for off-street loading
and unloading with adequate ingress to and egress from streets and
shall provide such areas at the side or rear of the building. Each
space shall be at least 15 feet by 40 feet, and one space shall be
provided for every 8,000 square feet of gross floor area or fraction
thereof in each building. There shall be no loading or unloading from
the street.
(12)
Loading area requirements may be met by combining
the floor areas of several activities taking place under one roof
and applying the above ratios.
(13)
There shall be at least one trash and garbage
pickup location provided for each building, which shall be separated
from the parking spaces by the storage of trash and/or garbage in
a steel-like, totally enclosed container located in a manner to be
obscured from view from parking areas, streets and adjacent residential
uses or zoning districts by a fence, wall, planting or combination
of the three. If located within the building, the doorway may serve
both the loading and trash/garbage functions. If a container is used
for trash/garbage functions and is located outside the building, it
may be located adjacent to or within the general loading area(s),
provided that the container in no way interferes with or restricts
loading and unloading functions. All off-street loading areas shall
be lighted.
(14)
All planned industrial developments shall comply
with the Schedule of Limitations[2] with respect to minimum requirements for area, setback
and coverage.
[2]
Editor's Note: The Schedule of Limitations for other residential zoning districts is included at the end of this chapter.
G.
Planned Business District.
[Added 5-21-1990 by Ord. No. O-11-90]
(1)
Purpose. This category is designed to permit the maximum
flexibility to developers of nonresidential projects in Monroe Township.
(2)
Categories of individual uses. Within a Planned Business
District, project uses may be included from the categories of light
industrial, general office, community commercial and wholesale distribution
and warehousing.
H.
Residential uses in the Business Park, Neighborhood
Commercial and Community Commercial Zoning Districts, for which a
valid certificate of occupancy has been issued, shall be considered
a conforming use and subject to the Schedule of Limitations[3] for similar uses in the R-2 Zoning District.
[Amended 8-12-1997 by Ord. No. O-40-97; 10-23-2001 by Ord. No. O-31-2001]
[3]
Editor's Note: The Schedule of Limitations for other residential zoning districts is included at the end of this chapter.
I.
Self-storage facilities shall be permitted as a community
commercial use, provided that the following conditions are met:
[Added 9-26-2000 by Ord. No. O-31-2000]
(1)
All self-service storage facilities shall comply with
the Schedule of Limitations[4] for community commercial uses with respect to minimum
requirements for area, setbacks and coverage.
[4]
Editor's Note: The Schedule of Limitations
for nonresidential zoning districts is located at the end of this
chapter.
(2)
One administration office and/or resident manager's
apartment shall be permitted as part of the development.
(3)
Site design shall require maximum attention to proper
site design considerations, including the location of structures and
parking areas, proper ingress and egress, development of an interior
circulation system, architectural design, landscaping and the compatibility
of any proposal with the natural foliage, soils, contours, drainage
patterns and the need to avoid visual intrusions and performance nuisances
upon adjacent residences or residential districts.
(4)
No materials or objects shall be displayed or stored
outside, and the storage of toxic, combustible, explosive, hazardous
or illegal materials shall be strictly prohibited.
(5)
All buildings shall be compatibly designed with each
other and surrounding areas, and all building walls facing any street,
residential use or residential district line shall be suitability
finished for aesthetic purposes.
(6)
Self-service storage units shall not exceed one story
in height.
(7)
A minimum buffer of 50 feet in width shall be provided along any common property line with a residential use or residential district in accordance with § 175-93 of this chapter.
(9)
Off-street parking shall be provided at the rate of
two spaces per 100 storage units, plus two spaces for the administration
office and/or manager's apartment.
(10)
The minimum aisle width shall be 15 feet for
one-way traffic flow and 24 feet for two-way traffic flow.
(11)
One ten-foot-wide parking/loading lane shall
be provided adjacent to each bay of storage buildings, exclusive of
required aisle widths.
(12)
All portions of the property not utilized by
buildings or paved surfaces shall be landscaped utilizing combinations
such as fencing, shrubbery, lawn areas, ground cover, rock formations,
contours, existing foliage and the planting of conifers and/or deciduous
trees native to the area.
[Added 11-23-2004 by Ord. No. O-47-2004]
A.
Uses.
(1)
Principal permitted uses.
(b)
Agricultural commercial, subject to the requirements of § 175-160C(2).
(d)
Recreation facilities, but not including amusement
parks.
(e)
Institutional uses, subject to the requirements of § 175-160C(3).
(f)
Public service infrastructure, subject to the requirements of § 175-160C(4).
(2)
Conditional uses.
(a)
Agricultural processing facilities, subject to the requirements of § 175-160D(1).
(b)
Light industrial uses, subject to the requirements of § 175-160D(2).
(d)
Local retail sales and service establishments, subject to the requirements of § 175-160D(3).
(e)
Wholesale distribution and warehouse facilities, subject to the requirements of § 175-160D(4).
B.
Area and bulk requirements.
(1)
Agricultural commercial establishments:
(a)
Minimum lot area: one acre.
(b)
Minimum lot frontage/width: 150 feet.
(c)
Minimum front yard/building setback: 50 feet.
(d)
Minimum side yard: 20 feet.
(e)
Minimum rear yard: 50 feet.
(f)
Maximum building coverage: 2,500 square feet.
(g)
Maximum lot coverage: 5%.
(h)
Minimum buffers: 40 feet adjacent to front,
side and rear property lines for all vehicular circulation, parking
and loading areas.
(2)
Institutional uses:
(a)
Minimum lot area: one acre.
(b)
Minimum lot frontage/width: 150 feet.
(c)
Minimum front yard/building setback: 75 feet.
(d)
Minimum side yard: 30 feet.
(e)
Minimum rear yard: 50 feet.
(f)
Maximum lot coverage: 20%.
(g)
Minimum buffers: 40 feet adjacent to front,
side and rear property lines for all vehicular circulation, parking
and loading areas.
(3)
Agricultural processing facilities and light
industrial uses:
(a)
Minimum lot area: five acres.
(b)
Minimum lot frontage/width: 200 feet.
(c)
Minimum front yard/building setback: 100 feet.
(d)
Minimum side yard: 40 feet.
(e)
Minimum rear yard: 50 feet.
(f)
Maximum lot coverage: 40%.
(g)
Minimum buffers: 50 feet adjacent to front,
side and rear property lines for all vehicular circulation, parking
and loading areas.
(4)
Local retail sales and/or personal services:
(a)
Minimum lot area: one acre.
(b)
Minimum lot frontage/width: 150 feet.
(c)
Minimum front yard/building setback: 100 feet.
(d)
Minimum side yard: 50 feet.
(e)
Minimum rear yard: 100 feet.
(f)
Maximum lot coverage: 50%.
(g)
Minimum buffers: 40 feet adjacent to front,
side and rear property lines for all vehicular circulation, parking
and loading areas.
(5)
Wholesale distribution and warehouse facilities:
(a)
Minimum lot area: five acres.
(b)
Minimum lot frontage/width: 400 feet.
(c)
Minimum front yard/building setback: 100 feet.
(d)
Minimum side yard: 50 feet.
(e)
Minimum rear yard: 50 feet.
(f)
Maximum lot coverage: 55%.
(g)
Minimum buffers: 50 feet adjacent to front,
side and rear property lines for all vehicular circulation, parking
and loading areas.
C.
Additional standards for permitted uses.
(1)
No occupancy permit shall be granted to a proposed
new use without it first conforming to the requirements for site plan
approval.
(2)
All building walls shall be suitably finished
for aesthetic purposes.
(3)
All portions of the property not utilized by
buildings or paved surfaces shall be landscaped utilizing combinations
such as fencing, shrubbery, lawn area, ground cover, berms, existing
foliage and the planting of conifers and/or deciduous trees native
to the area in order to either maintain or reestablish the tone of
the vegetation in the area and lessen the visual impact of the structures
and paved areas. Exotic invasive plant material shall be prohibited.
The established grades on any site shall be planted for both aesthetic
and drainage purposes. The grading plan, drainage facilities and landscaping
shall be coordinated to prevent erosion and silting as well as assuring
that the capacity of any natural or man-made drainage system is sufficient
to handle the water generated and anticipated both from the site and
contributing upstream areas.
(5)
Each activity shall provide for off-street loading and unloading with adequate ingress to and egress from streets, in accordance with the requirements of § 175-123. Such areas shall be provided at the side or rear of the building. There shall be no loading or unloading from any street.
(6)
There shall be at least one trash and garbage
pickup location provided for each building, which shall be separated
from the parking spaces by the storage of trash and/or garbage in
a steel-like, totally enclosed container located in a manner to be
obscured from view from parking areas, streets and adjacent residential
uses or zoning districts by a fence, wall, planting or combination
of the three.
[Added 2-13-2017 by Ord. No. O:07-2017]
A.
BEHAVIORAL HEALTHCARE FACILITY
HEALTHCARE FACILITY
MEDICAL CLINIC
OFFICE, MEDICAL
OFFICE, RESEARCH AND DEVELOPMENT
RESIDENTIAL MEDICAL DETOXIFICATION CENTER
URGENT CARE CENTER
Definitions, as modified, shall be amended by the addition or revision
of the following words and meanings:
A building or portion of a building, whether private profit
or nonprofit, or institutional, principally engaged in providing services
for inpatient and outpatient services for treatment of victims of
addiction, psychiatric, psychological, or other behavioral health
condition where care may be provided on a short term or long term
basis whose operators are licensed to provide such services by the
State of New Jersey, but not to include hospitals and other health
care facilities, or residential medical detoxification centers; a
Level I, Level II.1, Level II.5, Level III.1, Level III.5, or Level
III.7 treatment facility as classified by the Division of Addiction
Services, New Jersey Department of Human Services.
A building or portion of a building such as a hospital, whether
private or an institution, principally engaged in providing inpatient
and outpatient services for physical health maintenance, diagnosis
(including testing) and treatment of human diseases, pain or other
physical condition of patients; acute care facility; rehabilitation
hospital; ambulatory surgical center. Care may be provided on a short
term or long term basis. Outpatient services may also be provided
as a secondary service. Such facilities may include laundries, cafeterias,
gift shops, laboratories, and medical offices as accessory uses.
A public health facility, blood donor center, kidney dialysis
center, or walk-in medical office not requiring prior appointment.
A building or portion of a building principally engaged in
providing services for health maintenance, diagnosis (including testing)
and treatment of human diseases, pain or other physical or mental
condition of patients solely on an outpatient basis, but not to include
a behavioral health care center or residential medical detoxification
facility. No overnight patients shall be kept on the premises. Examples
of medical offices shall include, but not be limited to, general physicians,
dentists, chiropractors, psychologists, cardiologists and other various
specialties.
A building or portion of a building principally engaged in
developing new products or procedures, or to improvement of existing
products or procedures. Research and development offices may include
laboratory space, pilot manufacturing and production space and/or
office space.
Medically monitored intensive inpatient treatment for substance
abuse that provides twenty-four-hour per day physician supervised
evaluation and withdrawal management in a permanent facility with
beds based on substance-specific clinical protocols and policies and
that may include Suboxone induction, or similar medication, for opioid
dependence; a Level III.7D facility as classified by the Division
of Addiction Services, New Jersey Department of Human Services.
A type of medical clinic in a building or portion of a building,
whether private or institution, principally engaged in providing walk-in,
extended-hour access for acute illness and injury care that is beyond
the scope or availability of the typical primary care practice or
other medical clinic. Patients shall be served solely on an outpatient
basis and such services shall not include overnight stays.
B.
Business Park Zoning District shall be amended by adding conditional
uses for residential medical detoxification center, behavioral healthcare
facility, and other revisions, as follows:
(1)
Conditional uses permitted.
(a)
Behavioral healthcare facility and residential medical detoxification
center, conforming to the following conditions:
[1]
Such use shall be located in the zoning district
identified herein.
[2]
The minimum lot area shall be three acres.
[3]
The maximum number of patients served at the location
of the facility shall not exceed 50 persons at any one time.
[4]
The use shall not be combined with a single-family
detached, manufacturing or industrial use.
(2)
Area, yard, height and building coverage. Except as otherwise
modified, the following bulk standards shall apply to all lots:
(a)
Behavioral healthcare facility and residential medical detoxification
center.
[1]
Lot size shall be as indicated in § 175-163.1B hereinabove.
[2]
Minimum lot frontage: 200 feet.
[3]
Minimum lot width: 200 feet.
[4]
Minimum lot depth: 300 feet.
[5]
Minimum front yard: 50 feet.
[6]
Minimum side yard: 50 feet.
[7]
Minimum rear yard: 50 feet.
[9]
Maximum impervious surface ratio: 0.30.
[10]
Maximum height: 35 feet.
(3)
Additional regulations for behavioral healthcare facilities.
The following additional regulations shall apply to Behavioral Healthcare
Facilities in the Business Park Zoning District:
(a)
No merchandise, products, waste, equipment or similar material
or objects shall be displayed or stored outside unless specifically
approved as part of a site plan submission.
(b)
All buildings shall be compatibly designed whether constructed
all at one time or in stages over a period of time. All building walls
facing any street or residential district line shall be suitably finished
for aesthetic purposes.
[1]
Editor's Note: Former § 165-163.1, Single-family
detached conditional use, added 5-21-1990 by Ord. No. O-11-90, as
amended, was repealed 4-24-2007 by Ord. No. O-24-2007.
[Added 11-25-1997 by Ord. No. O-48-97]
A.
"Motor vehicle" is defined to be any vehicle propelled
other than by muscular power, excepting such vehicle as runs only
on rails or tracks.
B.
In zones in which their use is permitted by this article, facilities which sell used motor vehicles are hereby declared to be a conditional use which shall comply with the conditions established in § 175-62 and with the following conditions:
(1)
A site plan application shall be submitted.
(3)
A copy of a completed application for a license
from the Division of Motor Vehicle Services shall be submitted.
(4)
Repair facilities exclusively for the vehicles
being sold on the site may be maintained on the site. The facilities
may perform incidental repairs, tune-ups and detailing. Body repairs
and repairs of vehicles not being sold on the site shall not be permitted.
(5)
Equipment for the sale of gasoline or oil shall
not be permitted.
(6)
Each such facility shall have a permanent building
with an office and rest room on the site which shall comply with the
sanitary regulations of the Township of Monroe.
(7)
Each such facility is required to have an indoor
display area having a minimum of one space for each separate class
vehicle being sold. For the purpose of this section, a "class of vehicle"
shall be defined as a passenger car, truck, mobile home, motorcycle
or any other type of vehicle which is authorized to operate on the
highways of this state as set forth in Title 39 of the New Jersey
Statutes Annotated.
(8)
The site shall have at least one entrance from
an adjoining street with an entrance width not more than 30 feet at
the street frontage. Provisions for off-road vehicle pickup and the
delivery shall be shown on the plan.
(9)
Motor vehicles on display for sale and drive aisles in vehicle sale lots shall be set back a minimum of 20 feet from the existing or proposed right-of-way, shall be set back a minimum of 15 feet from any adjacent residential property line and shall be set back a minimum of 10 feet from any adjacent nonresidential property line. Where buffer setbacks as set forth in Article XIV of this chapter exceed the setbacks contained herein, the minimum setback shall be the greater dimension.
[Amended 2-8-2000 by Ord. No. O-6-2000]
(11)
The site shall be graded for proper drainage and surfaced with bituminous concrete or concrete unless excepted by the Planning Board or Zoning Board pursuant to § 175-21H(1). Stormwater calculations shall be submitted analyzing the vehicle storage/parking areas as bituminous concrete or concrete regardless of whether the applicant proposes either such surface on the site.
(12)
All used motor vehicle facilities are subject
to a yearly inspection by the Zoning Code Enforcement Officer or his/her
designee.
C.
This section is not applicable to facilities which
sell new motor vehicles or both new and used motor vehicles.
[Added 11-26-2018 by Ord.
No. O:34-2018]
A.
Standards of operation; restrictions. The owners or operators of
an automotive fueling station or an automotive fueling station convenience
store in the Township of Monroe shall comply with the following regulations:
(1)
The building and premises on which the business is conducted
shall be kept clean, and no refuse shall be permitted to accumulate
therein or thereon.
(2)
Restrooms and other toilet facilities shall be kept in a clean
and sanitary condition and the fixtures in working order at all times.
(3)
Automotive fueling stations and automotive fueling station convenience
stores shall only service automobiles with motor vehicle fuel, electrical
charging stations, air pumps and by adding oil, windshield washer
fluid or similar fluids, but shall not provide any services which
require bays or lifts, such as oil changes or lubrication of chassis.
(4)
Automotive fueling stations and automotive fueling station convenience stores signage shall be in compliance with § 175-135, Signs.
(5)
Any case or rack for the display of petroleum products hereinafter
erected or placed outside of the building shall be constructed of
metal and may not exceed seven feet in height.
(6)
No parking of commercial vehicles shall be permitted on the
premises.
(7)
No motor vehicles shall be sold or displayed for sale at these
premises.
(8)
No towing service is to be operated from these premises.
A.
Purpose. The purpose of this chapter is to protect the public health,
safety, and welfare of the residents, businesses and property in Monroe
Township by prescribing the manner in which cannabis businesses can
be conducted within its borders, regulating its cultivation, production,
and distribution in a manner that is consistent with P.L. 2021, c.
16, known as the "New Jersey Cannabis Regulatory, Enforcement Assistance,
and Marketplace Modernization Act"[2] and to minimize negative impacts on the community. It
is intended to provide a means of cultivation, production, and wholesale
distribution of cannabis to licensed businesses pursuant to the P.L.
2021, c. 16, known as the "New Jersey Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act," while protecting the
public health and safety through reasonable limitations on business
operations as they relate to noise, air, and water safety, as well
as public safety. Furthermore, pursuant to the P.L. 2021, c. 16, known
as the "New Jersey Cannabis Regulatory, Enforcement Assistance, and
Marketplace Modernization Act," the Township is authorized to impose
fees on the sales or equivalent transfers from cannabis-based businesses.
[2]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
B.
CANNABIS
CANNABIS CULTIVATOR
CANNABIS DELIVERY SERVICE
CANNABIS DISTRIBUTOR
CANNABIS ESTABLISHMENT
CANNABIS MANUFACTURER
CANNABIS RETAILER
CANNABIS WHOLESALER
CONSUMPTION LOUNGES
(1)
(2)
(3)
LICENSE
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(2)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
All parts of the plant Cannabis sativa L., whether growing
or not, the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant, which are cultivated
and, when applicable, manufactured 1) in accordance with P.L. 2021,
c. 16, known as the "New Jersey Cannabis Regulatory, Enforcement Assistance,
and Marketplace Modernization Act"[3] products as set forth in this Act, but shall not include
the weight of any other ingredient combined with cannabis to prepare
topical or oral administrations, food, drink, or other product. "Cannabis"
does not include: medical cannabis dispensed to registered qualifying
patients pursuant to the "Jake Honig Compassionate Use Medical Cannabis
Act," P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015,
c. 158 (N.J.S.A. 18A:40-12.22 et seq.); marijuana as defined in N.J.S.A.
2C:35-47 2) and applied to any offense set forth in Chapters 35, 35A,
and 36 of Title 2C of the New Jersey Statutes, or P.L. 2001, c. 114
(N.J.S.A. 2C:35B-1 et seq.), or marihuana as defined in Section 2
of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied to any offense
set forth in the "New Jersey Controlled Dangerous Substances Act,"
P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp product
cultivated, handled, processed, transported, or sold pursuant to the
"New Jersey Hemp Farming Act," P.L. 2019, c. 238 (N.J.S.A. 4:28-6
et seq.).
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers. "Cannabis cultivators" refer to those uses that require
possession of a Class 1 cannabis cultivator license under the P.L.
2021, c. 16, known as the "New Jersey Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act."
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer to make deliveries of the cannabis items and
related supplies to that consumer, and which services include the
ability of a consumer to purchase the cannabis items directly through
the cannabis delivery service, which after presenting the purchase
order to the cannabis retailer for fulfillment, is delivered to that
consumer. "Cannabis delivery services" refer to those uses that require
possession of a Class 6 cannabis delivery license.
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities. Cannabis distributors refer to those uses that require
possession of a Class 4 Cannabis Distributor license under the P.L.
2021, c. 16, known as the "New Jersey Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act."
A cannabis (grower) cultivator, also referred to as a cannabis
cultivation facility, a cannabis (processor) manufacturer, also referred
to as a cannabis product manufacturing facility, a cannabis wholesaler,
or a cannabis retailer.
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
Cannabis manufacturers refer to those uses that require a Class 2
cannabis manufacturer license under the P.L. 2021, c. 16, known as
the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act."
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer. Cannabis
retailers refer to those uses that require possession of a Class 5
cannabis retailer license under the P.L. 2021, c. 16, known as the
"New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act."
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers. Cannabis wholesalers refer to those uses that require of
a Class 3 cannabis wholesaler license under the P.L. 2021, c. 16,
known as the "New Jersey Cannabis Regulatory, Enforcement Assistance,
and Marketplace Modernization Act."
Public consumption of cannabis products purchased from the
Class 5 retail cannabis business onsite and attached to that consumption
area, which complies with the following:
[Added 5-22-2024 by Ord.
No. O:25-2024]
Consumption of cannabis products not purchased from the on-site
retail cannabis business is prohibited.
The entire perimeter of the consumption lounge shall be enclosed
and secure and only accessible internally via the cannabis retail
business principal building, except for emergency exits.
Consumption lounge approval is conditioned upon the Township's
review and assessment of the NJ-CRC application. Upon receipt of same,
the Township will have 28 days to review and render its decision.
Township approval will be in the form of a zoning letter on municipal
letter by a zoning officer, which may be used as proof of endorsement.
A license issued under relevant state law including a license
that is designated as either a:
Class 1 cannabis (grower) cultivator license.
Class 2 cannabis (processor) manufacturer license.
Class 3 cannabis wholesaler license.
Class 4 cannabis distributor.
[Amended 5-22-2024 by Ord. No. O:25-2024]
Class 5 cannabis retailer license.
[Added 5-22-2024 by Ord. No. O:25-2024[4]
Class 6 cannabis delivery license.
The term includes a conditional license for a designated class,
except when the context of the provisions of relevant state law otherwise
intend to only apply for a license and not a conditional license.
C.
Municipal licensing.
(1)
Laws applicable. All applications for licenses, all licenses
issued and all proceedings under this article shall be in accordance
with the Act, rules, regulations, and all other applicable laws of
the State of New Jersey.
(2)
Issuing authority. All licenses required by this article shall
be issued by the Township Council, which shall also administer the
provisions of this article.
(3)
License required. It shall be unlawful for any person, firm,
or corporation to own or operate within this municipality any recreational
cannabis businesses for the cultivation, manufacture, wholesale, and
distribution of cannabis as well as its retail sale and delivery without
first having obtained a properly issued license that is issued in
accordance with the "New Jersey Cannabis Regulatory, Enforcement Assistance,
and Marketplace Modernization Act" (P.L. 2021, c. 16)[5] and the provisions of this article.
[5]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
(4)
Application. Persons wishing to obtain any class cannabis license
shall file a license application with the Clerk's Office on a standardized
form established by the Clerk's Office and available in the Clerk's
office. An application shall be deemed incomplete, and shall not be
processed by the Administration, until all documents and application
fees are submitted. Upon submission of said application the Township
Solicitor shall review said application for completeness. If the Township
Solicitor deems the application is deficient he/she shall notify said
applicant of any deficiency within 14 days of receipt of said application.
Thereafter, said applicant shall have any deficiency in said application
cured within 10 days of the date of said notice. Notice shall be,
in writing, sent certified and regular mail to the address provided
by said applicant. To be deemed complete, all applications shall be
accompanied by the following:
[Amended 2-28-2024 by Ord. No. O:06-2024]
(a)
Persons wishing to obtain any class of cannabis license shall
demonstrate commitment or sufficient experience as reasonable employers,
defined as being a party to a labor peace agreement or the applicant
entity or its parent company being a party to a collective bargaining
agreement in the regulated cannabis industry for at least one year
prior to application for a cannabis establishment license, in an effort
to create well-paying jobs with employee benefits in the municipality.
In the event of new construction or a remodel, the municipality will
also require a project labor agreement to be in place, in accordance
with N.J.S.A. 34:11-56.25 et seq.
[1]
This requirement does not apply to microbusinesses applying
for an annual license. A microbusiness, as defined under N.J.A.C.
17:30-6.7, is one which "has a smaller footprint than a standard cannabis
business, with respect to its business operations, capacity, and quantity
of product, pursuant to N.J.S.A. 24:6I-36.f" and N.J.A.C. 17:30-6.7(a).
[Added 5-22-2024 by Ord.
No. O:25-2024]
(b)
The facility must have a valid license to operate a cannabis
establishment from the State of New Jersey.
(c)
The applicant shall submit proof that the applicant has or will
have lawful possession of the premises proposed for the cannabis establishment,
which proof may consist of a deed, a lease, a real estate contract
contingent upon successful licensing, or a binding letter of intent
by the owner of the premises indicating an intent to lease the premises
to the entrant contingent upon successful licensing.
(d)
The applicant shall submit an affidavit and documentary proof
of compliance with all state and local laws regarding affirmative
action, antidiscrimination, and fair employment practices. The applicant
shall also certify under oath that they will not and shall not discriminate
based on race, color, religion (creed), gender, gender expression,
age, national origin (ancestry), disability, marital status, sexual
orientation, or military status, in any of its activities or operations.
(e)
The location proposed for licensing by the applicant shall comply
with all applicable municipal zoning laws and the location restrictions
set forth in this code.
(f)
The applicant shall submit to the satisfaction of Monroe Township
proof of financial capability to open and operate the cannabis establishments
for which the applicant is seeking a license. Standards for proof
of financial capability shall be determined by the Township. Such
proof may include tax returns, audited financials, or any other documents
determined to be suitable by Monroe Township. Such proof and/or documents
may be further outlined in the Township's application for licensing.
(g)
The nonrefundable application fee for the initial license and
license renewal for Classes 1 through 6 licenses shall be as follows:
(h)
In addition to complying with any state requirement related
to good character and criminal background, any person proposed to
have an ownership interest in the license shall not have had any cannabis
license or permit revoked for a violation affecting public safety
in the State of New Jersey or a subdivision thereof within the preceding
five years.
(i)
The applicant and the application shall otherwise comply with
any and all qualification standards set forth in the state and Township
laws or regulations.
(5)
Probate license fees. The annual license fees and maximum number
of licenses for the cultivation, manufacture, wholesale, distribution,
retail sale and delivery of cannabis shall be as follows:
(a)
The initial license fee for Classes 1 through 6 licenses shall
be as follows:
[1]
Class 1 cannabis (grower) cultivator: $10,000 per
location.
[2]
Class 2 cannabis (processor) manufacturer: $10,000
per location.
[3]
Class 3 cannabis wholesaler: $10,000 per location.
[4]
Class 4 cannabis distributor: $10,000 per location.
[5]
Class 5 cannabis retailer: $10,000 per location.
[6]
Class 6 cannabis deliverer: $10,000 per deliverer.
(b)
The license renewal fee for Classes 1 through 6 licenses shall
be as follows:
[1]
Class 1 cannabis (grower) cultivator: $2,500 per
location.
[2]
Class 2 cannabis (processor) manufacturer: $2,500
per location.
[3]
Class 3 cannabis wholesaler: $2,500 per location.
[4]
Class 4 cannabis distributor: $2,500 per location.
[5]
Class 5 cannabis retailer: $2,500 per location.
[6]
Class 6 cannabis deliverer: $2,500 per deliverer.
(c)
The annual renewal applications for Classes 1 through 6 licenses
shall be submitted between July 1 and August 1 of every year with
all licenses expiring on August 31 of each year.
(d)
Cannabis establishments or cannabis deliverers that are operating without the applicable license under § 175-163.4C prior to the passage of this section shall be permitted to operate within the Township subject to a submission of a renewal application and the payment of the renewal license fee as set forth in § 175-163.4C(b).
(e)
There shall be a maximum of eight Class 5 licenses issued, with
no maximum limit on the number of licenses issued to Classes 1, 2,
3, 4, and 6.
(f)
The nonrefundable application fee is due upon the applicant's
submission of an application. Thereafter, any initial licensing fee
or renewal fee will be due and owing upon Township Council's approval
of said license.
[Amended 2-28-2024 by Ord. No. O:06-2024]
(6)
Municipal license fee reductions. For all licensed cannabis
business operations, the annual licensing renewal fees established
within § 175-163.4C(b) of the Township Code shall be reduced
by the following amounts for the applicable year if the Code shall
be reduced by the following amounts for the applicable year if the
business entity can demonstrate the following:
(a)
Any business that can provide proof that at least 1/3 of its
employees are residents of the Township of Monroe shall be entitled
to a 25% reduction of the licensure fee, or remaining fee if a reduction
has already been applied under this section.
[1]
In order to receive a reduction under this section,
the business entity must provide adequate proof of employment and
residency, in the form of payroll history (amounts redacted), providing
proof of current residency and proof of at least nine months of employment.
[2]
The Township reserves the right to contact any
employees referenced in order to verify employment and residency.
D.
Zoning. The Township's Land Management Chapter and any redevelopment
plans inconsistent herewith are hereby amended as follows:
(1)
Permitted uses by zone.
(a)
Class 1: Cultivation - C, RD-A, RG-LI, RG-C, AG.
(b)
Class 2: Manufacture - RG-LI, RG-C, AG.
(c)
Class 3: Wholesale - RG-LI, RG-C.
(d)
Class 4: Distribution - RG-LI, RG-C, AG.
(e)
Class 5: Retail - BP, C, RG-C.
Class 6 delivery services shall be permitted in all zoning districts
and shall meet all bulk requirements for the zone and all design standards
applicable. The CCMWD & CR&D Overlay Zone Map has been repealed
as of the adoption of this ordinance.
(2)
Conditional uses.
(a)
Class 5 retail cannabis businesses shall be a conditional permitted use in the Rural Development Agricultural District (RD-A) if all the requirements contained within § 175-160C(2) are met.
(b)
Class 5 retail cannabis businesses shall be a conditional permitted use in the Agricultural Production District (AG) if all the requirements contained within § 175-160C(2) are met.
(c)
Class 2 thru 4 facilities shall be a conditional permitted use in the Business Park District (BP) if all the requirements contained within § 175-160D(2) are met.
(d)
Class 5 retail cannabis businesses shall be a conditional permitted use in the Rural Development Commercial District (RD-C) if all the requirements contained within § 175-160D(3) are met.
(e)
Class 1 thru 4 facilities shall be a conditional permitted use in the Rural Development Commercial District (RD-C) if all requirements within § 175-160D(2) and/or § 175-160D(4) are met.
(3)
Bulk requirements.
(b)
Pinelands Zones.
[1]
Class 1 through 4.
[a]
Minimum lot area: 40,000 square feet.
[b]
Minimum lot width: 100 feet.
[c]
Minimum front yard setback: 75 feet.
[d]
Minimum side yard setback: 50 feet.
[e]
Minimum rear yard setback: 65 feet.
[f]
Maximum lot coverage: 70%.
[g]
Maximum building height: 35 feet.
[h]
Class 1 and Class 2 uses in an AG Zone are limited
to those activities consistent with the definition of "agricultural
or horticultural purpose or use" and/or "agricultural products processing
facility."
[i]
Class 3 and Class 4 are not permissible in an AG
Zone.
[2]
Class 5 and 6.
[a]
Minimum lot area: 20,000 square feet.
[b]
Minimum lot width: 100 feet.
[c]
Minimum front yard setback: 50 feet.
[d]
Minimum side yard setback: 20 feet.
[e]
Minimum rear yard setback: 50 feet.
[f]
Maximum lot coverage: 70%.
[h]
Class 6 uses in Pinelands Zones are subject to
the following permissions and/or limitations:
|
Pinelands Management Area
|
Zoning District
|
Class 6 Delivery
| |
|---|---|---|---|
|
Forest Area
|
FD-10
|
Forest Residential 10
|
Limited1
|
|
Forest Area
|
FD-40
|
Forest Residential 40
|
Limited1
|
|
Agricultural Production Area
|
AG
|
Agriculture Production
|
Limited1
|
|
Rural Development Area
|
RD-A
|
Rural Development Agriculture
|
Permitted
|
|
Rural Development Area
|
RD-C
|
Rural Development Commercial
|
Permitted
|
|
Rural Development Area
|
RD-RR
|
Rural Development Residential Receiving
|
Permitted (Not recommended)
|
|
Rural Development Area
|
RD-RS
|
Rural Development Residential Sending
|
Permitted (Not recommended)
|
|
Regional Growth Area
|
RG-30
|
Regional Growth Residential 30
|
Not permitted - RGA Residential Zone
|
|
Regional Growth Area
|
RG-40
|
Regional Growth Residential 40
|
Not permitted - RGA Residential Zone
|
|
Regional Growth Area
|
RG-C
|
Regional Growth Commercial
|
Permitted
|
|
Regional Growth Area
|
RG-LI
|
Regional Growth Light Industrial
|
Permitted
|
|
Regional Growth Area
|
RG-MR
|
Regional Growth Moderate Residential
|
Not permitted - RGA Residential Zone
|
|
Regional Growth Area
|
RG-MU
|
Regional Growth Mixed Use
|
Limited2
|
|
Regional Growth Area
|
RG-PR
|
Regional Growth Planned Residential
|
Not permitted - RGA Residential Zone
|
|
Regional Growth Area
|
RG-RA
|
Regional Growth Residential Age-Restricted
|
Not permitted - RGA Residential Zone
|
|
Regional Growth Area
|
RG-TC
|
Regional Growth Town Commercial
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Permitted
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Regional Growth Area
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St. Mary's Redevelopment Area
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Not permitted - RGA Residential Zone
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Regional Growth Area
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Williamstown Square Redevelopment Area
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Limited3
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Regional Growth Area
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Acme Redevelopment Area
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Limited3
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1
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Class 6 licensed facilities may be permitted if they met the
standards for "roadside retail sales and service establishments" within
a Pinelands Forest Area [N.J.A.C. 7:50-5.23(b)6] or Pinelands Agricultural
Production Area [N.J.A.C. 7:50-5.24(b)1]
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2
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Only permitted if part of the community commercial use component
of a mixed-use development.
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3
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Only permitted as part of a planned mixed-use development in
accordance with the existing certified redevelopment plan.
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(4)
Site plan approval.
(a)
Site plan approval shall be required of all cannabis-related
development.
(c)
The Township may, at the time of site plan approval or amendment,
impose any condition related to the proposed use that is reasonably
necessary to protect the public health, safety, or welfare, not inconsistent
with the permitting authority requirements, including, but not limited
to the following:
(d)
As a condition of approval for all site plan applications, the
applicant shall supply the Board with current local and state licenses
to operate the facility. The Township shall not sign any site plans
until both licenses have been received.
E.
Design standards.
(1)
Distance requirements.
(a)
Any cannabis-related building, signage, or other site amenity
relating to cannabis shall not be located within 1,000 feet to a property
line for any public or private elementary, vocational, or secondary
school that houses children. Distance shall be measured from the nearest
point of the building, signage, or other site amenity relating to
cannabis. This restriction should not apply to offices or educational
admin buildings which do not house children.
(3)
Parking and loading.
(a)
Parking requirements for retail cannabis businesses.
[1]
A retail cannabis business establishment shall
be required to provide the greater of 15 stalls plus one stall per
employee on the maximum employee shift or one space per 150 square
feet of gross floor area.
[2]
Retail cannabis businesses shall also follow the parking regulations set forth in § 175-123 of the Township's Land Management chapter, unless such establishments are located within an area governed by a redevelopment plan, in which case the parking standards set forth in the redevelopment plan shall control.
(b)
Parking requirements for all other cannabis businesses.
[1]
All nonretail cannabis business establishments
shall be required to provide no less than one space per 1,000 square
feet of gross floor area plus one stall per employee on the maximum
employee shift.
[2]
All nonretail cannabis businesses shall also follow the parking regulations set forth in § 175-123 of the Township's Land Management Chapter, unless such establishments are located within an area governed by a redevelopment plan, in which case the parking standards set forth in the redevelopment plan shall control.
(4)
(5)
Operational requirements.
(a)
Public consumption of cannabis products is prohibited, except
that consumption lounges are permitted as specifically set forth herein.
"Consumption lounges" are defined as the public consumption of cannabis
products purchased from the Class 5 retail cannabis business on-site
and attached to that consumption lounge, which complies with the following:
[1]
Consumption of cannabis products not purchased
from the on-site retail cannabis business is prohibited.
[2]
The entire perimeter of the consumption lounge
shall be enclosed and secure and only accessible internally via the
cannabis retail business principal building, except for emergency
exits.
[3]
Consumption lounge approval is conditioned upon
the Township's review and assessment of the NJ-CRC application.
Upon receipt of same, the Township will have 28 days to review and
render its decision. Township approval will be in the form of a zoning
letter on municipal letter by a zoning officer, which may be used
as proof of endorsement.
[Added 5-22-2024 by Ord.
No. O:25-2024]
(b)
All cannabis businesses shall be subject to health and safety
review, inspection, and enforcement.
(d)
Any cannabis business conducting deliveries to a residential
dwelling shall adhere to N.J.A.C. 17:30-12.8.
(e)
A cannabis business operations manual is required for any cannabis
business as outlined in N.J.A.C. 17:30-9.6.
(f)
Any cannabis microbusiness, as defined in the "cannabis regulations"
shall comply with N.J.A.C. 17:30-6.7. A cannabis microbusiness shall
be limited to 10 employees and premises no larger than 2,500 square
feet.
(g)
All cannabis businesses shall comply with the following regarding
odor:
[1]
A cannabis business shall provide an odor management
plan, which shall contain details for air treatment and exhaust.
[2]
All cannabis businesses must provide adequate HVAC
air-quality equipment.
[3]
Cannabis odor must not permeate outside any cannabis
business establishment. This must be demonstrated in the odor management
plan.
[4]
All cannabis businesses shall adhere to generally
applicable Township ordinances regulating odor emissions.
[5]
All retail cannabis businesses must follow the
protocols set forth in the Clean Air Act.
(h)
All cannabis businesses shall comply with the following regarding
noise:
[1]
All cannabis businesses shall adhere to all generally
applicable noise ordinances and regulations of the Township.
[2]
All nonretail cannabis businesses shall take such
sound mitigation measures as may be necessary, including, but not
limited to, the installation of insulation if appropriate.
[3]
All nonretail cannabis businesses shall adhere
to the requirements of N.J.A.C. 7:29.
(i)
All cannabis businesses shall comply with the following regarding
hours of operation and security:
[1]
All Class 5 cannabis facilities and consumption
lounges shall only be permitted to operate from 10:00 a.m. to 10:00
p.m.
[2]
At least one licensed armed security guard shall
be on-site at all times during a retail cannabis business's hour of
operation.
[3]
All patrons must be screened by said security employee
and patrons must demonstrate proof of minimum age (21 years old).
[4]
All nonretail cannabis businesses shall adhere
to the generally applicable hours of operation for manufacturing and
light industrial businesses within the Township.
[5]
Security alarm system installation must follow
the requirements as proscribed in N.J.A.C. 17:30-9.10.
(j)
All cannabis businesses shall comply with the following capacity
restrictions:
[1]
A maximum of 30 patrons per 1,500 square feet of
gross floor area shall be permitted in any retail cannabis business
establishment. By way of clarification, floor area which is not accessible
to customers (e.g., storage) shall not be included in the gross floor
area for purposes of this calculation. The business's security employees
shall monitor patron capacity and restrict entry if necessary.
(k)
Exterior loitering and security. People shall not be permitted
to congregate outside of a dispensary, loiter or wait in line to access
the dispensary.
(l)
All retail cannabis facilities shall implement an electronic
messaging system to notify customers when they are permitted to enter
the facility at times when capacity is exceeded.
(m)
All cannabis retail businesses shall adhere to N.J.A.C. 17:30-12.4
with regard to curbside retail sales.
(n)
All cannabis businesses shall adhere to N.J.A.C. 17:30-9.12
regarding storage. All cannabis retail businesses shall adhere to
N.J.A.C. 17:30-12.7 regarding storage.
(o)
All cannabis businesses shall follow inventory regulations as
set forth in N.J.A.C. 17:30-9.13
(6)
General provisions.
(a)
All cultivation operations shall occur within the principal
building.
(b)
Cannabis businesses shall not be located within a building which
contains a residence, or within a mixed-use development that includes
residential uses.
(c)
Cannabis businesses shall comply with all respective signage regulations in Chapter 175 entitled "Land Management." External signage shall be limited to text and business logo, so long as it does not include a cannabis plant leaf or outward glorification of cannabis consumption.
(d)
Cannabis businesses shall have security systems in place, along
with a continuous recording system that records for a minimum thirty-day
archive. This system shall be shared with the Monroe Township Police
Department via web browser.
(e)
Cannabis businesses shall provide the Monroe Township Police
Department with the name and phone number of a staff person to notify
during suspicious activity during or after operating hours.
(f)
Cannabis businesses shall have security staff on the premises
during all hours of operation.
(g)
Access to cannabis businesses shall be limited to authorized
persons only.
(h)
Businesses shall properly dispose of all materials and other
substances in a safe and sanitary manner in accordance with state
regulations.
(i)
Cannabis businesses shall be equipped with ventilation systems
sufficient in type and capacity to eliminate cannabis odors emanating
from the interior to the exterior of the premises discernible by reasonable
persons. The ventilation system must be inspected and approved by
the Construction Official.
F.
Consumption areas.
(1)
No public consumption areas of cannabis are permitted other
than that authorized in Township-licensed consumption lounges. This
section shall not be construed to prohibit the private consumption
of cannabis products on private property as permitted by law.
(2)
Approved cannabis consumption lounges must be attached to the
licensed retail space.
[Added 5-22-2024 by Ord.
No. O:25-2024]
(3)
Consumption lounge approval is conditioned upon the Township's
review and assessment of the NJ-CRC application. Upon receipt of same,
the Township will have 28 days to review and render its decision.
Township approval will be in the form of a zoning letter on municipal
letter by a zoning officer, which may be used as proof of endorsement.
[Added 5-22-2024 by Ord.
No. O:25-2024]
G.
Local cannabis tax.
(1)
Section 40 of the New Jersey Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16),[8] authorizes Monroe Township to adopt an ordinance imposing
the following transfer and user taxes on all cannabis businesses within
its borders:
(a)
Two percent of all receipts from the sale of cannabis by a cannabis
cultivator.
(b)
Two percent of all receipts from the sale of cannabis by a cannabis
manufacturer.
(c)
One percent of all receipts from the sale of cannabis by a cannabis
wholesaler.
(e)
For any concurrent license holder operating more than one cannabis
establishment, a user tax, at the equivalent transfer tax rates on
the value of each transfer or use of cannabis items not otherwise
subject to the transfer tax shall apply, from the license holder's
establishment located within the Township to any of the other license
holder's establishments.
[8]
Editor's Note: See N.J.S.A. 40:48I-1.
(2)
Such transfer and user taxes imposed shall be in addition to
any other tax imposed by law.
(3)
The transfer tax or user tax shall be collected or paid and
remitted to the Township by the cannabis business from the cannabis
business purchasing or receiving the cannabis. The transfer tax or
user tax shall be stated, charged, and shown separately on any sales
slip, invoice, receipt, or other statement or memorandum of the price
paid or payable, or the equivalent value of the transfer for the cannabis.
Each person required to collect the tax herein imposed shall be personally
liable for the tax imposed, collected or required to be collected
hereunder.
(4)
All revenues collected from a transfer and user tax shall be
remitted to the Township's Chief Financial Officer in a manner prescribed
by the municipality.
(5)
Enforcement of the payment of delinquent taxes or transfer fees
shall follow (same manner for municipal real estate taxes).
H.
Violations and penalties. Any person(s) or entity(ies) found to be in violation of any of the aforementioned Sections shall be subject to the penalties under Article XV of this chapter.
I.
Regulation of medical cannabis. Nothing in this section shall regulate
or apply to medical cannabis.
[1]
Editor's Note: See August 10, 2021 letter from the New Jersey Pinelands Commission, incorporated and made a part of this ordinance and included as an attachment to this chapter.
