[Amended 1-12-2010 by Ord. No. 10-OR-002; 4-9-2019 by Ord. No. 2019-OR-012; 8-24-2021 by Ord. No. 2021-OR-024]
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R-40
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Low Density Residential
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R-20
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Medium Density Residential
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R-12
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Medium Density Residential
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R-7.5
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High Density Residential
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R-MFA
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Multifamily Affordable Residential
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R-MFA-II
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Multifamily Affordable Residential II
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B-1
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Regional Business
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B-2
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Highway-Business
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B-3
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Neighborhood Business
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BLI-1
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Business Light Industrial Zone
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BLI-2
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Business Light Industrial Zone
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I-1
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Industry-Light
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I-2
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Industry-Heavy
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I-3
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Industry-Special
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CCRC
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Continuing Care Retirement Community Zone
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The Map of the Township of Burlington showing
zoned district boundaries which is on file in the Office of the Township
Engineer is hereby declared to be the Zoning Map for the Township
of Burlington.
Where uncertainty exists with respect to the
boundaries of any of the aforesaid districts as shown on the Zoning
Map, the following rules shall apply:
A.
Center line. Where district boundaries are indicated
as approximately following the center line or street lines of streets,
the center line or alley line of alleys, or the center line or right-of-way
line of highways, such lines shall be construed to be such district
boundaries.
B.
Parallel lines. Where district boundaries are so indicated
that they are approximately parallel to the center lines or street
lines of streets, the center lines or alley lines of alleys, or the
center lines or right-of-way lines of highways, such district boundaries
shall be construed as being parallel hereto and at such distance therefrom
as indicated on the Zoning Map. If no distance is given, such dimension
shall be determined by the use of the scale shown on said Zoning Map.
C.
Lot lines. Where district boundaries are indicated
as approximately following lot lines, such lot lines shall be construed
to be said boundaries.
D.
Railroad lines. Where the boundary of a district follows
a railroad line, such boundary shall be deemed to be located midway
between the main tracks of said railroad line.
E.
Streams. Where the boundary of a district follows
a stream, lake or other body of water, said boundary line shall be
construed to be at the limit of the jurisdiction of the Township of
Burlington unless otherwise indicated.
F.
Corporate lines. All areas which are within the corporate
limits of the Township which are under water and are not shown as
included within any district which immediately adjoins the water areas
shall be construed to be included within the zone district adjoining
said area. If the water area adjoins two or more districts, the boundaries
of each district shall be construed to extend into the water area
in a straight line until they meet the other district.
[Amended 9-23-2008 by Ord. No. 08-OR-025]
G.
Excluded property. In every case where property has
not been specifically included within a district or where territory
has become a part of the Township by annexation, the same shall automatically
be classed as lying and being in the R-40 Zone until such classification
shall have been changed by an amendment to the Zoning Ordinance, as
provided by law.
H.
Vacation. Whenever any street, alley or other public
way is vacated in the manner authorized by law, the zoning district
on each side of such street, alley or public way shall be automatically
extended to the center of such vacation, and all area included in
the vacation shall then and henceforth be subject to all regulations
of the extended districts.
The schedule of regulations entitled "Schedule
of Yard, Area and Bulk Requirements, Township of Burlington," applying
to the uses of land and buildings, the yards and other open spaces
to be provided contiguous thereto and all other matters contained
therein as indicated for the various zones established by this chapter,
is hereby declared to be part of this chapter. The regulations listed
for each zone as designated are hereby prescribed for such zones,
subject to the other provisions in this chapter, and shall be deemed
to be the minimum requirements in every instance of their application.
[1]
Editor's Note: The Schedules of Yard, Area and Bulk Requirements for residential, business and industrial districts are included at the end of this chapter.
Except as hereinafter provided, the following
general regulations shall apply to all zones.
A.
General. No building shall hereafter be erected and no existing building shall be moved, structurally altered, rebuilt, added to or enlarged, nor shall any land be used for any purpose other than those included among the uses listed as permitted uses in each zone by this chapter and meeting the requirements set forth in § 330-33, Schedule of Permitted Uses, Yard, Area and Bulk Requirements. Nor shall any open space contiguous to any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area, building location, percentage of lot coverage, off-street parking space, and all other regulations designated in the schedule and this chapter for the zone district in which such building or space is located. In the event of any such unlawful encroachment or reduction, such building or use shall be deemed to be in violation of this chapter and all other permits shall become void.
B.
Nonconforming residential structures. An existing
nonconforming residential structure may be expanded within the existing
side setbacks by a factor not to exceed 30% of the square footage
of the footprint of the existing structure, provided that front and
rear setback and building/lot coverage for the zone are met.
C.
Frontage on public street. Every principal building
shall be upon a lot with frontage on a public street which has been
improved to meet Township standards or for which such improvement
has been ensured by the posting of a performance guarantee pursuant
to the provisions of this chapter.
D.
Principal building. No residential lot shall have
erected upon it more than one principal building, and no yard or other
open space provided about any building for the purpose of complying
with the provisions of this chapter shall be considered to provide
a yard or open space for any other building.
E.
Yards. All yards facing on a public street shall be
considered front yards and shall conform to the minimum front yard
requirement for the zone in which they are located.
F.
Swimming pools. In R-40 and R-20 Zones, a swimming pool shall not be located any nearer than 15 feet to any rear or side yard property line. In an R-12 Zone, a swimming pool shall not be nearer than 10 feet to a side property line or eight feet to a rear property line. In an R-7.5 Zone, a swimming pool shall not be nearer than eight feet to a side or rear property line. In all developments constructed under § 330-71I, Planned residential options, a swimming pool shall not be nearer than eight feet to a side or rear property line. Distances for above setbacks shall be measured from the decking to the property line. Decking is any impervious surface such as, but not limited to, concrete or paving. Pools may not be located in a required buffer and/or easement. No swimming pool may be located in a front yard in any zone.
[Amended 8-10-2010 by Ord. No. 10-OR-025]
G.
Artificial lights. No artificial lights shall be used
by any building or premises which because of intensity, location,
color or any other factor disturb the comfort, health or safety of
those residing, working or using public or private property, including
streets within the range of said lights.
H.
Conflict with Master Plan or Official Map. Where a
building lot has frontage upon a street which on the Master Plan or
Official Map of the Township of Burlington is proposed for right-of-way
widening, the required front yard area shall be measured from such
proposed right-of-way line.
I.
Accessory structures.
(1)
No accessory structure shall be closer to any principal
building than distance equal to the height of such building unless
it is attached to and is part of such principal building.
(2)
No accessory structure shall exceed a height of 15
feet.
(3)
No accessory structure shall be located in a required front yard or closer to a lot line than five feet, except that, if a lot is not a corner lot but nevertheless has two or more front yards, the front of the building situate on said lot shall be designated and accessory structures shall only be prohibited between the front building line and the public street. In designating the front of the building, primary consideration shall be given to the location of the front door or principal entrance to the building. Any accessory structure located on a lot having two front yards shall in all respects comply with all of the other requirements of Subsection J.
J.
Minimum floor area. All dwelling units, regardless
of type or location, shall have a minimum floor area with a ceiling
height of not less than seven feet in accordance with the following:
(1)
The minimum gross floor area of an efficiency dwelling
shall be 450 square feet.
(2)
The minimum gross floor area of a one-bedroom dwelling
shall be 600 square feet.
(3)
The minimum gross floor area of a two-bedroom dwelling
shall be 750 square feet.
(4)
The minimum gross floor area of a three-bedroom dwelling
shall be 900 square feet.
(5)
The minimum gross floor area of a four-bedroom dwelling
shall be 1,050 square feet.
K.
Prohibited uses. Any use not specifically permitted
in a zone established by this chapter is hereby specifically prohibited
from that zone, and the following uses and activities are specifically
prohibited in any zone of the Township of Burlington:
(1)
Any use of the building or premises in such manner that the health, safety or welfare of the community may be endangered is prohibited. The only structures or improvements that are permitted uses within a street right-of-way shall be those improvements permitted in Article XI of this chapter or as approved by the Zoning Officer. These would include roadways, mailboxes, utility poles, traffic signage, driveways, aprons and sidewalks.
[Amended 9-25-2007 by Ord. No. 07-OR-027]
(2)
Any use which emits excessive and objectionable amounts
of dust, fumes, noise, odor, smoke, vibrations, glare or waste products.
(4)
Any trade, industry or purpose that is noxious or
offensive by reason of the emission of odor, dust, smoke, gas or noise.
The standards of the Air Pollution Control Commission of New Jersey
shall be the enforcement standard for this provision.
(5)
Residential structures without permanent connection
to utilities.
(6)
Outdoor storage or display of new or used motor vehicles
or trailer coaches, or any other motor vehicles, goods for sale or
storage at point of sale, or in transit, except in conjunction with
authorized dealers.
(7)
Junkyards, automobile wrecking or disassembly yards,
the sorting or bailing of scrap metal, paper rags, or other scrap
or waste material.
(8)
Distribution of obscene materials.
(a)
Erection, alteration or use of a building for
the purpose of sale or distribution of obscene materials. No building
may be erected, altered or used, and no lot or premises may be used,
for any use prohibited by the N.J.S.A. 2C:34-2 or 2C:34-3. In determining
whether a proposed use is detrimental to the health, safety or general
welfare of the surrounding area, the following standards shall apply.
The proposed operation shall not:
[1]
Be used for the sale or distribution of obscene
materials to a person 18 years of age or older as set forth in N.J.S.A.
2C:34-2.
[2]
Be used for the sale of obscene material to
any person under 18 years of age as set forth in N.J.S.A. 2C:34-3.
[3]
Be used for the exhibiting of any obscene film
or other material to any person under 18 years of age as set forth
in N.J.S.A. 2C:34-3.
(b)
For the purposes of this chapter, those activities
defined as "obscene material" and prohibited by N.J.S.A. 2C:34-2 or
N.J.S.A. 2C:34-3 are hereby deemed to be prohibited activities, and
likewise for the purpose of this chapter, the definition of "obscene
material" herein shall be that definition set forth in N.J.S.A. 2C:34-2
for the sale or distribution of obscene material to a person 18 years
of age or older and N.J.S.A. 2C:34-3 for the sale, distribution or
exhibition of obscene material to a person under the age of 18 years.
(11)
All classes of cannabis establishments or cannabis distributors
or cannabis delivery services as said terms are defined in N.J.S.A.
24:6I-33, but not the delivery of cannabis items and related supplies
by a delivery service.
[Added 5-25-2021 by Ord. No. 2021-OR-012]
L.
General modifications. The following modifications
to the requirements of this chapter are permitted under the terms
and specifications herein stated.
(1)
Height. The height limitations of this chapter shall not apply to church spires, belfries or cupolas nor to chimneys, ventilators, skylights, television and radio antennas, water tanks, bulkheads, similar features and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve. The provisions of this chapter shall not apply to prevent the erection above the building height limit of a parapet wall or cornice or ornament (and without windows) extending above such height limit no more than five feet. Public and quasi-public buildings, industrial and manufacturing plants, schools, churches and other similar permitted uses may exceed the height limitations of this chapter, provided that such uses shall increase the front, rear and side yards one foot for each foot by which such building exceeds the height limit herein established for such zone in which it is located. In addition, any new or substantially modified principal residential structure may be elevated up to three feet higher than the height limitation in the zone in which it is located in order to comply with Chapter 282 of the Township Code.
[Amended 11-14-2017 by Ord. No. 17-OR-030]
(2)
Projections. Chimneys, cornices or eaves may project
into any front, side or rear yard not more than 24 inches. An open
or lattice-enclosed fire escape or a fireproof outside stairway may
project into any yard not more than 25% of the distance from the building
wall to the lot line. There shall be no other projection into yards
of more than four feet. Under no circumstances shall any projection
be closer to any lot line than eight feet in any residential zone.
(3)
Undersized lots of record.
(a)
Single ownership. Subject to the provisions
of Subsection M(3)(c) herein, any parcel of land with an area or width
less than that prescribed for a lot in the zone in which such lot
is located, which parcel was under one ownership at the date of the
adoption of this chapter, and the owner thereof owns no adjoining
land, may be used as a lot for any purpose permitted in the zone,
provided that the minimum side yard area for any building shall be
no less than four feet, and further provided that all other regulations
prescribed for the district of this chapter are complied with.
(b)
Prior subdivisions. Subject to the provisions
of Subsection M(3)(c) herein, lots which are not of the required minimum
area may be used for any purpose permitted in the zone in which they
are located. If such lots were included in a subdivision plat which
was either granted final approval under the Municipal Planning Act
or the Municipal Land Use Law prior to the effective date of this
chapter or which subdivision was granted preliminary approval pursuant
to said Act within three years before the effective date of this chapter,
and provided further that the final subdivision plat in either instance
shall have been duly recorded in the Office of the County Clerk within
the time prescribed by law.
(c)
Special approvals. No person, firm or corporation
shall make use of the rights granted under Subsection M(3)(a) and
(b) above unless and until he shall obtain the approval of the Zoning
Board of Adjustment or the Planning Board. The Board shall grant a
developer the right to finish any subdivision or lot under the rights
granted within Subsection M(3)(a) and (b) above where the Board shall
determine that, by reason of the exceptional narrowness, shallowness,
or shape of a specific piece of property or by reason of other exceptional
topographical conditions or by reason of other extraordinary and exceptional
situation and condition of such piece of property, the strict application
of any regulation enacted under this chapter would result in peculiar
and exceptional practical difficulties to, or exceptional and undue
hardship upon, the owner of such property.
(4)
Patio
and unroofed porch/deck. A patio and/or unroofed porch/deck may extend
into the side and rear yards to a point not less than 10 feet from
the lot line. Where the principal residential dwelling is located
within 10 feet of a side yard lot line, a patio and/or unroofed porch/deck
may be extended to the end of the dwelling unit; however, in the case
of a patio the Zoning Officer may require submission of a grading
and/or drainage plan to address any potential adverse impacts caused
by stormwater flowing onto an adjoining lot.
[Added 12-10-2019 by Ord. No. 2019-OR-039]
M.
Municipal buildings, parks, playgrounds and other
governmental uses. These uses may be permitted in any zone where deemed
necessary and approved by the governing body and reviewed by the Planning
Board.
N.
Performance standards. The following performance standards
shall be observed by all uses in all zones within the Township of
Burlington unless a higher level of government imposes a more restrictive
standard, in which event said more restrictive standard shall apply.
(2)
Storage.
(a)
No highly flammable or explosive liquids, solids
or gases shall be stored in bulk above ground, with the exception
of tanks or drums of fuel directly connecting with energy devices,
heating devices or appliances located on the same lot as the tanks
or drums of fuel.
(b)
All outdoor storage facilities for fuel, raw
materials and products, and all raw materials and products stored
outdoors shall be enclosed by a fence adequate to conceal the facilities
from the adjacent properties.
(c)
No materials or wastes shall be deposited upon
a lot in such form or manner that they may be transferred off the
lot by natural causes or forces, nor shall any substance which can
contaminate a stream or watercourse or which may destroy aquatic life
be allowed to enter any stream or watercourse.
(d)
All materials or wastes which might cause fumes
or dust or which constitute a fire hazard or which may be edible or
otherwise attractive to rodents or insects shall be stored outdoors
only if enclosed in containers which are adequate to eliminate such
hazards.
(3)
Smoke control.
(4)
Control of dust and dirt, fumes, vapors and gases.
(a)
The emission of dust, dirt, fly ash, fumes,
vapors or gases which can cause any damage to human health, to animals
or vegetation or to other forms or property, or which can cause any
soiling or staining of persons or property at any point beyond the
lot line of the use creating the emission, is herewith prohibited.
(b)
No emission of liquid or solid particles from
any chimney or otherwise shall exceed 0.3 grains per cubic foot of
the covering gas at any point beyond the lot line of the use creating
the emission. For measurement of the amount of particles in gases
resulting from combustion, standard correction shall be applied to
a stack temperature of 500° F. and 50% excess air in stack at
full load.
(c)
There shall be no emission of sulfur dioxide.
(5)
Noise control. The sound pressure level of any use
(not including ambient noises not under control of the operator of
the use) shall not exceed, at any point on the boundary of an industrial
district, the decibel levels [Decibels: 10 log (P1/P2) where P2 is
the reference quality of 002 dyne/cm2.
Sound pressure level to be measured according to the specifications
published by the American Standard Association.] in the designed octave
bank shown below, except for emergency alarm signals, and subject
to the following corrections:
(a)
Subtract five decibels for pulsating or periodic
noises.
(b)
Add five decibels for noise sources operating
for less than 20% of any one-hour period.
|
Octave Band
(cycles per second)
|
Along Residence District Boundaries
(decibels)
|
Along Business District Boundaries
(decibels)
|
|---|---|---|
|
0 to 75
|
72
|
79
|
|
75 to 150
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67
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74
|
|
150 to 300
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59
|
66
|
|
300 to 600
|
52
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59
|
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600 to 1,200
|
46
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53
|
|
1,200 to 2,400
|
40
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47
|
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2,400 to 4,800
|
34
|
41
|
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Over 4,800
|
32
|
39
|
(6)
Control of odors. There shall be no emission of odorous
gases or other odorous matter in such quantities as to be offensive
at any point on or beyond the lot boundary line within which the operation
is situated. Any process which may involve the creation or emission
of any odors shall be provided with a secondary safeguard system in
order that control will be maintained if the primary safeguard system
should fail. There is hereby established, as a guide in determining
such quantities of offensive odors, Table III, Odor Thresholds, in
Chapter 5, "Air Pollution Abatement Manual," copyright 1951 by Manufacturing
Chemists Association, Inc., Washington, D. C. Where more than one
authority is cited, the numerical average value of all authorities
listed may be used.
(7)
Light and heat. No direct or reflected light or heat
from any source within an industrial district, and no light or heat
from any source and reflected light from an industrial district, shall
be detectable beyond the boundaries of the industrial district if
the light or heat is or may become an annoyance or interference with
the comfort or general well-being of the inhabitants of other districts
adjacent to the industrial district; this requirement shall be considered
to have been met if adequate buffer strips exist or have been planted.
All sources of lights in industrial districts will be provided with
opaque shades above them so that light from these sources will not
shine directly or diagonally upward but so that the light will be
dispersed horizontally and downward for the purpose of minimizing
reflected light from the clouds and dust particles in the air during
the night; this opaque shade requirement will also apply to industrial
operations, such as furnaces, cutting torches, etc., which produce
light incidentally in the function of their primary purpose which
may be other than that of providing light.
(8)
Vibration control. Machines or operations which cause
vibration shall be permitted, but in no case shall any such vibration
be perceptible outside of the limits of the lots.
(9)
Radiation or electrical emission, radioactivity or
electrical disturbance. No activities shall be permitted which emit
dangerous radioactivity beyond enclosed areas. No electrical disturbances
(except from domestic household appliances) shall be permitted to
affect adversely, at any point, any equipment other than that of the
creator of such disturbance.
(10)
Electrical, diesel, gas or other power. Every
use requiring power shall be so operated that any service lines, substation,
etc., shall conform to the highest applicable safety requirements,
shall be constructed, installed, etc., so that they will be an integral
part of the architectural features of the plant or, if visible from
abutting residential properties, shall be concealed by evergreen planting
or screening with architectural materials common to the building(s).
O.
Fence and walls.
(1)
Permit required. No fence, wall, fence-like or wall-like
structure shall be erected without first obtaining a permit from the
Zoning Officer, except that no permit shall be required for any fence,
wall, fence-like or wall-like structure constructed by the Township
Council or any of the Township's boards, authorities, commissions
or agencies. The fee for said permit shall be $50.
[Amended 8-8-2023 by Ord. No. 2023-OR-029]
(2)
Height regulations.
(a)
Height regulation: sight triangles. Within a
sight triangle formed by an intersection of streets and street and
driveways (as shown in the Burlington Township Standard Detail Drawings),
no fence, wall, hedge or any other obstruction to vision which is
higher than 24 inches above the street center line (except for street
name signs and official traffic regulation signs) shall be permitted.
In the event that state or county regulations impose greater requirements
where frontage is upon a state or county road, such greater requirement
shall prevail.
(b)
Height regulations for residential zones and
uses. Any fence or wall hereafter erected, altered or reconstructed
in any residential zone or on lots in any other zones on which residential
buildings are erected shall not exceed six feet in height above the
adjacent ground level and shall comply with the height, location and
type requirements shown in the Burlington Township Standard Details
for residential fencing.
(c)
Height regulation for business zones. No fence
or wall hereafter erected, altered or reconstructed in Business Zones
(B-1, B-2, B-3 and BLI) shall exceed a height of eight feet above
ground level.
(d)
Height regulation for industrial zones. No fence
or wall hereafter erected, altered or reconstructed in Industrial
Zones (I-1, I-2 and I-3) shall exceed a height of 10 feet above ground
level.
(e)
Exception. The foregoing restrictions shall
not be applied so as to prevent the erection of an open wire fence
not exceeding 15 feet in height above ground level anywhere within
a public park, public playground or public school properties. These
restrictions shall not be applied so as to restrict the erection of
a wall for the purpose of retaining earth, provided that such wall
does not exceed such height's adjacent grade.
(3)
Fencing material regulations. The following fences
and fencing materials are specifically prohibited: barbed-wire fences,
razor-wire fences, sharp-pointed fences, canvas, cloth, electrically-charged
fences, poultry netting, temporary fences, such as snow fences, expandable
fences and collapsible fences on any lot which is devoted primarily
to residential purposes.
(4)
Fences shall be constructed of similar material and
design and shall be installed with posts and horizontal members facing
into the property being enclosed.
[Added 6-27-2006 by Ord. No. 06-OR-023]
(5)
Maintenance standards. Every fence or wall shall be
maintained in a safe, sound, upright condition and in accordance with
the approval plan on file with the Zoning Officer.
[Amended 3-24-2009 by Ord. No. 09-OR-001]
(6)
Location regulations.
(a)
All fences or walls must be erected within the
property lines, and no fences or walls shall be erected so as to encroach
upon a public right-of-way.
(b)
No fence or wall shall be located upon or encroach
upon any municipal or other public easement unless the Township Engineer
and the Director of the Department of Public Works shall first determine
that the proposed fence or wall will not substantially interfere with
the purposes and/or maintenance of said easement and shall, in writing,
approve the required fence permit. Any fence or wall erected within
the boundaries of any public easement shall be subject to partial
or total removal by the public entity which controls the easement
upon a showing that such removal is required for maintenance of the
easement or that the fence or wall, due to changed conditions, substantially
interferes with the purposes of said easement.
(c)
No fence or wall shall be partially or completely
removed from a public easement unless the owner of the same shall
have been given due notice and an opportunity to be heard.
(d)
Any fence permit issued for a fence or wall to be located in a public easement shall refer to and be conditioned upon Subsection O(6)(b) and (c) as set forth above and shall state clearly and prominently that the fence or wall may be subject to partial or complete removal by the public entity controlling the easement as set forth above.
(7)
Maintenance enforcement. If the Zoning Officer, upon
inspection, determines that any fence or wall or portion of any fence
or wall is not being maintained in a safe sound upright condition,
he shall notify the owner of such fence in writing of his findings
and state briefly the reasons for such findings and order such fence
or wall or portion of such fence or wall repaired or removed within
10 days of the date of the written notice. Each day the person fails
to obey the order referred to above shall constitute a separate violation
of this chapter.
[Amended 3-24-2009 by Ord. No. 09-OR-001]
(8)
Corner lots. Fences may not be erected in a front
yard on a single corner lot except as described in this section. For
purposes of this section only, a front yard is that area in front
of the projected front building line as determined by the location
of the front door or principal entrance to the building. The area
on the side of the dwelling along an existing street without an entrance
shall become classified for this section only as a side yard. Maximum
height of a fence on a double corner lot and in the side yard mentioned
above shall be four feet. No fence may be erected within a required
sight triangle.
(9)
Fences in front yards. Nothing heretofore withstanding,
no fence shall be constructed in front of a front building line in
a residential district or on a lot used for residential purposes in
any other zone which is greater in height than four feet.
(10)
Fences around swimming pools. All other provisions
contained within this chapter notwithstanding, all swimming pools
located within the Township shall be enclosed by a fence or other
permanent barrier not less than four feet in height and not more than
six feet in height.
(11)
Zero-lot-line properties. No fence or wall shall
be erected so as to encroach upon the five-foot-wide maintenance easement
for the adjacent property. This restriction shall not apply if access
to said easement is maintained through the use of gates or other openings.
No fence shall be erected adjacent to the dwelling on the zero-lot-line
side of the property. No fence or fence post shall extend to within
four inches of any dwelling or structure on an adjacent property.
[Amended 3-24-2009 by Ord. No. 09-OR-001]
(12)
Double corner lots (triple frontage lots). Each
building line of a principal building situated on a double corner
lot (also known as a "triple frontage lot") shall be projected to
create lines perpendicular to the street line, and no fence, wall,
fence-like, or wall-like structure shall be erected on a double corner
lot closer to the street line than the building line as projected.
(13)
Consistency. In the event of any inconsistency with this section
and the Township standard detail drawings, which are on file in the
office of the Zoning Officer, the detail drawings shall govern.
[Added 3-24-2009 by Ord. No. 09-OR-001]
(14)
Interpretation. For the purposes of this section, the Zoning Officer
will make the final determination, in the case of a dwelling with
more than one entrance, as to which entrance is the designated principal
entrance.
[Added 3-24-2009 by Ord. No. 09-OR-001]
P.
Adult establishments.
(1)
ADULT BOOKSTORE
ADULT ESTABLISHMENT
ADULT MOTION-PICTURE THEATER
ADULT MINI-MOTION-PICTURE THEATER
ADULT VIDEO STORE
MASSAGE
MASSAGE BUSINESS
SEXUALLY ORIENTED DEVICES
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
Definitions. As used in this subsection, the following
terms shall have the meanings indicated:
Bookstore having as a preponderance of its publications books,
magazines and other periodicals which are distinguished or characterized
by their emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas, as defined in this
section.
An adult bookstore, adult motion-picture theater, adult mini-motion-picture
theater, or a massage business, as defined in this section.
An enclosed building with a capacity of 50 or more persons
used for presenting motion pictures, a preponderance of which are
distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas, as defined in this section, for observing by patrons
therein.
An enclosed building with a capacity for less than 50 persons
used for presenting motion pictures, a preponderance of which are
distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas, as defined in this section, for observing by patrons
therein.
A video store having as a preponderance of its DVD, VHS,
films, motion pictures, videocassettes, photographs, slides or other
similar media and/or visual representations which depict, describe
or are distinguished or characterized by their emphasis on matters
depicting, describing or relating to specified sexual activities or
specified anatomical areas, as defined in this section.
[Added 5-9-2006 by Ord. No. 06-OR-013]
The manipulation of body muscle or tissue by rubbing, stroking,
kneading or tapping by hand or mechanical device.
Any establishment or business wherein massage is practiced,
including establishments commonly known as health clubs, physical
culture studios, massage studios or massage parlors.
Without limitation, any artificial or simulated specified
anatomical area or other device or paraphernalia that is designed
in whole or part for specified sexual activities.
(2)
Restrictions as to adult establishments. No building,
premises, structure or other facility that contains any adult establishment
shall contain any other kind of adult establishment. No building,
premises, structure or other facility in which sexually oriented devices
are sold, distributed, exhibited or contained shall contain any adult
establishment.
(3)
Enforcement will be by the Zoning Officer.
A.
Intent and purposes. The residential zone districts
are intended to be developed with no use other than those permitted
within the schedule of this chapter. They are intended to provide
cohesive neighborhoods offering viable living environments to present
residents of the Township and future residents of the Township. They
are intended to provide opportunity for the creation of a variety
of housing types at a range of cost to the consumer within Burlington
Township. They are also intended to conserve and enhance the existing
residential neighborhoods of the Township. Residential zones are created
with a variety of lot sizes and with planned residential options available
in specified locations in order to achieve these intents and purposes.
B.
Temporary buildings. Temporary buildings for uses
incidental to construction work may be permitted in any residential
zone, provided that such buildings are removed when construction has
ceased, been completed, or has been abandoned as deemed by Township
Council.
C.
Private garages. Private garages shall be permitted
only as an accessory use to one-family dwellings and farm operations.
D.
Private greenhouses. Private greenhouses may be permitted
only as an accessory use to one-family detached dwellings and shall
not be operated for profit, and the building area shall not exceed
90 square feet.
E.
Animal shelters. Animal shelters shall be permitted
only as an accessory use to one-family detached dwellings. The building
area of an animal shelter shall not exceed 25 square feet and shall
be only for the purpose of housing domestic pets.
F.
Storage buildings. Storage buildings shall be permitted
as an accessory use to one-family detached dwellings. The combined
area of all storage buildings shall not exceed 200 square feet.
J.
Agriculture and animal husbandry. Any and all types
of agriculture and animal husbandry are permitted in all zones, provided
that they are not detrimental to the environment or public health
and welfare. The conduct of any such activities shall not be such
to cause erosion or other soil damage to impair the quality of groundwater
or surface water or air quality. Neither shall such activities result
in odors beyond the property lines of the parcel on which they are
conducted.
(1)
Livestock. No livestock shall be maintained on any
lot of less than one acre in area. Not more than one head of livestock
shall be maintained on any lot of at least one acre but not larger
than two acres. For each two acres of lot area in excess of two acres,
one additional head of livestock may be maintained up to a lot size
of 20 acres, after which no limitations shall apply, provided that,
regardless of a lot size, the following regulations shall be adhered
to:
(a)
No building to house or shelter livestock shall
be closer than 50 feet to any property line. No building to house
or shelter more than one head of livestock shall be closer to any
property line than 100 feet.
(b)
No part of any building shall be used for the
processing and/or slaughtering of livestock for commercial purposes.
(2)
Fowl. No chickens or other fowl shall be maintained
on any lot having an area of less than one acre. Up to 10 fowl may
be maintained on any lot having an area of at least one acre but not
more than two acres. Ten additional fowl may be maintained for each
acre in excess of two acres up to a lot size of five acres, after
which no limitations shall apply, provided that, regardless of lot
size, the following regulations shall be met:
(3)
Farm stands. Farm stands for the sale of agricultural
products raised on the premises may be established, provided that:
(a)
The setback of the stand from the curbline or
edge of pavement shall be at least 60 feet and from the property line
at least 50 feet, whichever is greater.
(b)
Off-street parking (hard surface not required)
shall be provided for at least three vehicles.
(c)
One temporary sign of not more than 24 square
feet shall be permitted to be placed in a position which creates no
traffic hazard or impediment only when the stand is in operation.
K.
Conditional uses. Farm stands, home crafts, home professional occupations, places of worship, public, parochial or private day schools, hospitals, philanthropic or eleemosynary uses, quasi-public buildings and recreation areas, public utility uses, cemeteries and planned residential options may be permitted within residential zones in accordance with standards set forth in Article X of this chapter.
A.
Intent and purposes. Business zone districts are intended
to be developed for retail and commercial and related activities.
Three business zones are created in order to create a hierarchy of
business area types. The B-1 Business Zone District is to be developed
as an integral shopping-center-type commercial development. The B-2
Zone Districts are intended to be developed as highway business areas
serving the motoring public. The B-3 Business Zone Districts are intended
to provide neighborhood convenience retail and service outlets.
B.
Temporary buildings. Temporary buildings for uses
incidental to construction work may be permitted in any business zone,
provided that such buildings are removed when construction has ceased,
been completed or has been abandoned as deemed by Township Council.
C.
Vehicle standing areas. All vehicle standing areas
created in conjunction with any use shall be covered with an all-weather,
hard surface.
D.
Commercial parking lots or garages. In zones where
permitted, commercial parking lots and/or garages shall be surfaced
with an all-weather, hard surface, shall be clearly marked for individual
vehicle parking spaces and shall have all entrances and exits clearly
signed.
E.
Assemblage or processing. In the B-1 and B-2 Business
Zone Districts, up to 40% of the floor area of a building may be devoted
to the processing or fabrication of products which will be offered
for sale at retail on the premises, provided that such area shall
not front on a public street at street level. In connection with such
processing or fabricating, no supplies, materials or goods shall be
stored out of doors.
F.
Hotels and motels. Hotels and motels are a permitted
use in the B-1 and B-2 Business Zone Districts:
(1)
The entire area of the site for the travel or parking
of motor vehicles will be hard surfaced.
(2)
Parking spaces will be provided to meet the individual
standards of all of the individual activities to be conducted on the
site.
(3)
No sleeping unit, including bathroom and other appurtenant
facilities, shall be smaller than 300 square feet.
(4)
No hotel or motel shall contain fewer than 40 sleeping
units.
G.
Watchman's quarters. Watchman's sleeping quarters
may be provided as an accessory use to a shopping center, provided
that such quarters shall be within a principal building and shall
not be within a single structure for that purpose or a building housing
only additional accessory uses.
H.
Performance standard. All business uses shall be established
and conducted to meet all applicable regulations applying to all zone
districts.
I.
Outdoor displays.
(1)
Permitted business uses may display automobiles, garden
and lawn supplies and equipment, trees and shrubs and Christmas trees
intended for sale on the premises outside of and adjacent to the principal
structure in which such use is carried on, provided that such outdoor
selling or storage areas shall not encroach upon any of the required
yard areas or, in the case of vehicles, the required setback for parking
areas. Further provided that the area set aside for such outdoor selling
or storage shall not exceed an area equal to the gross floor area
of the principal building. In the calculation of the percentage of
the lot occupied by the buildings and required off-street parking
area, the area of such outdoor selling or storage areas shall be included
in the same manner as the area of the principal building. The area
to be used for any such outdoor selling or storage areas shall be
appropriately set forth at the time of application for a building
permit or site plan approval. Any subsequent establishment or relocation
of such areas shall be subject to the issuance of a supplementary
approval. Nothing in this paragraph shall be construed to permit the
outdoor storage of goods intended for sale other than at the point
of storage.
A.
Intent and purposes. Industrial zone districts are
intended to be developed for a variety of industrial and manufacturing
activities. Three industrial zones are created in order to reflect
the diversity of present industry within the Township and to create
the districts to encourage additional industrial development in the
future.
B.
Temporary buildings. Temporary buildings for uses
incidental to construction work may be permitted in any industrial
zone, provided that such buildings are removed when construction has
ceased, been completed or has been abandoned as deemed by Township
Council.
C.
Vehicle standing areas. All vehicle standing areas
created in conjunction with any use shall be covered with an all-weather,
hard surface.
D.
Storage buildings. Storage buildings for materials,
liquids, chemicals and other similar items not permitted within the
main building under fire underwriters' standards may be an accessory
use within any industrial zone, provided that they are not closer
than 50 feet to any lot line.
E.
Watchman's quarters. Watchman's sleeping quarters
may be provided as an accessory use to any principal industrial use,
provided that such quarters shall be within a principal building and
shall not be a single structure for that purpose or a building housing
only additional accessory uses.
F.
Performance standards. All industrial uses shall be
established and conducted to meet all applicable regulations applying
to all zone districts.
G.
Buffer and screening requirements. In addition to normal buffer and
screening requirements found appropriate by a reviewing board in its
review of an application for development, where a tract of land for
which an application for development is filed is located within an
industrial zone but abuts or is adjacent to a residential zone, the
applicant shall provide from the boundary line of said residential
district, or the closest lot line from the residential use, the following:
[Amended 2-26-2019 by Ord. No. 2019-OR-008]
(1)
Where the tract is zoned I-2:
(2)
Where the tract is zoned I-1:
(3)
Where the height of any proposed building or structure is greater
than 50 feet, the reviewing board shall increase the minimum buffer
set forth above proportionately.
(4)
Stormwater management facilities shall be permitted to be located
within a buffer or building setback area.
(5)
Where an existing or proposed industrial use abuts or is adjacent to a nonconforming residential use, the reviewing board may apply the § 330-37G buffering and screening requirements when it finds that they are necessary to satisfy the applicable performance standards set forth in §§ 330-34N, 330-95B(2) or other specific standard contained in the Land Development Ordinance.
(6)
With the approval of the reviewing board, a wall, fence, berm or
other improvement may be constructed within a buffer or building setback
area for the purpose of providing improved buffering and/or screening.
H.
Conditional uses. Public utility uses, quasi-public buildings and recreation areas, and planned industrial parks may be permitted within industrial zones in accordance with standards set forth in Article X of the chapter.
I.
Outdoor displays.
(1)
Permitted industrial uses may display Christmas trees
intended for sale on the premises outside of and adjacent to the principal
structure in which such use is carried on, provided that such outdoor
selling or storage areas shall not encroach upon any of the required
yard areas. Further provided that the area set aside for such outdoor
selling or storage shall not exceed an area equal to the gross floor
area of the principal building. In the calculation of the percentage
of the lot occupied by the buildings and required off-street parking
area, the area of such outdoor selling or storage area shall be included
in the same manner as the area of the principal building. The area
to be used for any such outdoor selling or storage areas shall be
appropriately set forth at the time of application for a building
permit or site plan approval. Any subsequent establishment or relocation
of such areas shall be subject to the issuance of a supplementary
approval. Nothing in this paragraph shall be construed to permit the
outdoor storage of goods intended for sale other than at the point
of storage.
J.
Nonconforming residential uses. Nonconforming residential
uses are hereby permitted to expand such residential uses in conformance
with uses permitted in a residential zone.
A.
SATELLITE ANTENNA
Definitions. As used in this section, the following
terms shall have the meanings indicated:
An apparatus which is designed for the purpose of receiving
television, radio, microwave, satellite or similar signals, with the
exception of conventional television antennas
B.
The accessory uses pertaining to the R-40 Zone District
shall be supplemented as follows.
(1)
A satellite antenna which complies with the following
requirements:
(a)
The surface area of any reflective dish shall
not exceed 80 square feet.
(b)
The dish shall be erected on a secure ground-mounted
foundation.
(c)
The overall height from the mean ground level
to the highest point of the antenna or any attachments thereto when
extended to their full height shall be no more than 14 feet.
(d)
The antenna shall be located in the rear yard
of a single-family dwelling and shall not violate the yard and setback
requirements for the main building.
(e)
The antenna shall be located and screened to
minimize motor noise and visibility from the street and adjacent properties.
(f)
The antenna shall be designed for use by residents
of the main building only.
C.
The accessory uses pertaining to the R-20 Zone District
shall be supplemented as follows.
(1)
A satellite antenna which complies with the following
requirements:
(a)
The surface area of any reflective dish shall
not exceed 28 square feet.
(b)
The dish shall be erected on a secure ground-mounted
foundation.
(c)
The overall height from the mean ground level
to the highest point of the antenna or any attachments thereto when
extended to their full height shall be no more than nine feet.
(d)
The antenna shall be located in the rear yard
of a single-family dwelling and shall not violate the yard and setback
requirements for the main building.
(e)
The antenna shall be located and screened to
minimize motor noise and visibility from the street and adjacent properties.
(f)
The antenna shall be designed for use by residents
of the main building only.
D.
The accessory uses pertaining to the R-12 Zone District
shall be supplemented as follows
(1)
A satellite antenna which complies with the following
requirements:
(a)
The surface area of any reflective dish shall
not exceed 12 square feet.
(b)
The dish shall be erected on a secure ground-mounted
foundation.
(c)
The overall height from the mean ground level
to the highest point of the antenna or any attachments thereto when
extended to their full height shall be no more than seven feet.
(d)
The antenna shall be located in the rear yard
of a single-family dwelling and shall not violate the yard and setback
requirements for the main building.
(e)
The antenna shall be located and screened to
minimize motor noise and visibility from the street and adjacent properties.
(f)
The antenna shall be designed for use by residents
of the main building only.
E.
The accessory uses pertaining to the R-7.5 Zone District
shall be supplemented as follows.
(1)
A satellite antenna which complies with the following
requirements:
(a)
The surface area of any reflective dish shall
not exceed seven square feet.
(b)
The dish shall be erected on a secure ground-mounted
foundation.
(c)
The overall height from the mean ground level
to the highest point of the antenna or any attachments thereto when
extended to their full height shall be no more than five feet.
(d)
The antenna shall be located in the rear yard
of a single-family dwelling and shall not violate the yard and setback
requirements for the main building.
(e)
The antenna shall be located and screened to
minimize motor noise and visibility from the street and adjacent properties.
(f)
The antenna shall be designed for use by residents
of the main building only.
F.
The accessory uses pertaining to the B-1 Zone District
shall be supplemented as follows.
(1)
A satellite antenna which complies with the following
requirements:
(a)
The surface area of any reflective dish shall
not exceed 12 square feet.
(b)
The dish shall be erected on a secure ground-mounted
foundation.
(c)
The overall height from the mean ground level
to the highest point of the antenna or any attachments thereto when
extended to their full height shall be no more than seven feet.
(d)
The antenna shall be located in the rear yard
and shall not violate the yard and setback requirements for the main
building.
(e)
The antenna shall be located and screened to
minimize motor noise and visibility from the street and adjacent properties.
(f)
The antenna shall be designed for use by residents
of the main building only.
G.
The accessory uses pertaining to the B-2 Zone District
shall be supplemented as follows.
(1)
A satellite antenna which complies with the following
requirements:
(a)
The surface area of any reflective dish shall
not exceed 12 square feet.
(b)
The dish shall be erected on a secure ground-mounted
foundation.
(c)
The overall height from the mean ground level
to the highest point of the antenna or any attachments thereto when
extended to their full height shall be no more than seven feet.
(d)
The antenna shall be located in the rear yard
and shall not violate the yard and setback requirements for the main
building.
(e)
The antenna shall be located and screened to
minimize motor noise and visibility from the street and adjacent properties.
(f)
The antenna shall be designed for use by residents
of the main building only.
H.
The accessory uses pertaining to the B-3 and BLI Zone
Districts shall be supplemented as follows.
(1)
A satellite antenna which complies with the following
requirements:
(a)
The surface area of any reflective dish shall
not exceed 50 square feet.
(b)
The dish shall be erected on a secure ground-mounted
foundation.
(c)
The overall height from the mean ground level
to the highest point of the antenna or any attachments thereto when
extended to their full height shall be no more than 11 feet.
(d)
The antenna shall be located in the rear yard
and shall not violate the yard and setback requirements for the main
building.
(e)
The antenna shall be located and screened to
minimize motor noise and visibility from the street and adjacent properties.
(f)
The antenna shall be designed for use by residents
of the main building only.
I.
The accessory uses pertaining to the I-1, I-2 and
I-3 Zone Districts shall be supplemented as follows.
(1)
A satellite antenna which complies with the following
requirements:
(a)
The surface area of any reflective dish shall
not exceed 50 square feet.
(b)
The dish shall be erected on a secure ground-mounted
foundation.
(c)
The overall height from the mean ground level
to the highest point of the antenna or any attachments thereto when
extended to their full height shall be no more than 11 feet.
(d)
The antenna shall be located in the rear yard
and shall not violate the yard and setback requirements for the main
building.
(e)
The antenna shall be located and screened to
minimize motor noise and visibility from the street and adjacent properties.
(f)
The antenna shall be designed for use by residents
of the main building only.
J.
The provisions of this chapter shall be administered
by the Construction Official of the Township of Burlington.
K.
All dishes shall be installed in an unobtrusive location
and to minimize the noise impact on adjacent properties.
L.
Plan.
(1)
Any property owner shall, prior to the placement of
any satellite antenna, submit to the Construction Official a plan
showing the size of the satellite antenna, the proposed location of
same on the subject premises and such other information as may be
required herein.
(2)
The Construction Official shall review said plan and
render a decision within 20 days of the submission of said plan or
within such further time as may be consented to by the property owner.
M.
The plan shall be drawn on a map to a scale not smaller
than one inch equals 40 feet and not longer than one inch equals 10
feet and shall include and show the following information:
(1)
The name and address of the applicant and the owner
and the name, address and the title of the person preparing the plan
and accompanying date, the date of preparation and the dates of each
revision, where applicable.
(2)
An appropriate place for the signature of the Construction
Official.
(3)
The lot and block number(s) of the lot(s) from the
Township Tax Map and the length and bearing of the lot lines of the
proposed project.
(4)
The location, names and pavement and right-of-way
widths of all existing and proposed streets abutting the lot or lots
in question, the property lines of all abutting properties together
with the names and addresses as disclosed on the Township Tax Map
and tax rolls as of the date of the application and the location of
existing buildings within 200 feet of the site in question.
(5)
All existing buildings and structures and all accessory
buildings or structures on the lot, if any, with dimensions showing
present and finished grade elevations at all corners.
(6)
All existing and proposed setback dimensions, landscape
areas, trees of six-inch caliper on the site affected by the proposed
apparatus.
(7)
Existing and proposed plantings to provide screening
for noise, glare and aesthetics.
(8)
Any and all other information necessary to meet any
of the requirements of this chapter not listed above.
N.
Satellite dishes less than 30 inches in diameter:
[Amended 2-28-2006 by Ord. No. 06-OR-005]
(1)
May be located in any zone.
(2)
May be roof-mounted or ground-mounted.
(3)
If ground-mounted in a rear yard, it may not exceed
six feet in height and must comply with setback requirements for accessory
buildings in the applicable zone.
(4)
If ground-mounted in a front yard, the antenna shall
not exceed four feet in height. Dish shall be screened with shrubbery
or landscaping to minimize visibility from the street and adjacent
properties.
(5)
The antenna shall be designed and shall be used only
by residents of the main building on the subject premises. Any connection,
electrical or otherwise, to adjacent properties shall be deemed a
violation of the yard and setback provisions hereof.
(6)
Power control and signal cables from a ground-mounted
antenna to the served structure shall be buried in accordance with
the appropriate code.
P.
The application fee for a permit to install a satellite
antenna shall be $25. In addition, the application shall deposit the
sum of $100 to cover the cost of review services provided by Township
officials. Any unused portion of the deposit shall be returned to
the applicant. If the cost of review services exceeds the amount of
deposit, sufficient additional funds shall be deposited before any
permit shall be issued.
Q.
Any person other than the owner or applicant aggrieved
by the terms of this chapter may appeal the decision to the Zoning
Board.
S.
The Construction Official of the Township of Burlington
is hereby designated as the public officer charged with the enforcement
of the terms of this section. All complaints for alleged violation
of any of the terms of this section shall be submitted in writing
to said Construction Official.
[Added 1-12-2010 by Ord. No. 10-OR-002]
A.
Intent and purpose. The Township has determined that there exists
a need for a continuing care retirement community (CCRC) use consisting
of mixed-use housing and associated services for seniors, with integrated
independent apartment living units, assisted living and skilled nursing
alternatives in order to promote the health, safety and welfare of
the community by providing housing and health care alternatives for
seniors. Development of a CCRC will address this need within the Township
and the region and will also provide employment opportunities and
other economic and community benefits to the Township. This section
implements Burlington Township's Master Plan Land Use Analysis and
Recommendations for Age-Restricted Accommodations, dated February
1, 2005, as reaffirmed by the Township's Comprehensive Master Plan
adopted July 10, 2008.
B.
ACCESSORY USES
ASSISTED LIVING FACILITY
CONTINUING CARE RETIREMENT COMMUNITY (CCRC)
INDEPENDENT LIVING UNIT
SKILLED CARE NURSING FACILITY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any accessory use necessary for the operation or maintenance
of the facility or for the primary benefit or convenience of the employees,
residents and their guests, including, but not limited to, those that
are customarily incidental to the principal permitted uses.
A facility located within a CCRC that offers a residential
living environment, with congregate meals, housekeeping, therapy and
recreation areas and personal services for persons who have temporary
or periodic difficulties with one or more essential activities of
daily living, such as feeding, bathing, dressing or mobility, but
who do not require services in, or of, a New Jersey Department of
Health and Senior Services licensed long-term care facility or nursing
facility. An assisted living facility shall include dwelling units,
dining room(s), bathing area(s), common area(s), offices and other
spaces necessary to provide the above services, and shall be operated
by the legal entity holding all of the required licenses and/or certifications
required by the New Jersey Department of Community Affairs (DCA) and/or
New Jersey Department of Health and Senior Services (DHSS).
A planned unit development which has as its primary purpose
the provision of housing and continuing care facilities for residents.
A CCRC contains independent living units, assisted living facilities,
skilled nursing care facilities, community facilities, administrative
offices, and accessory uses, all as defined herein, and as regulated
by the Continuing Care Retirement Community Regulation and Financial
Disclosure Act, P.L. 1986, c.103 (N.J.S.A. 52:27D-330 et seq.). "Continuing
care" means the provision of lodging, nursing, medical or other health-related
services, and recreational amenities, to an individual pursuant to
an agreement effective for the life of the individual or for a period
greater than one year, including mutually terminable contracts, and
in consideration of the payment of an entrance fee with or without
other periodic charges to an individual. A CCRC may include any of
the following amenities, available for use by residents, their guests
and staff, when provided by individuals employed by, or under contract
with, the CCRC: kitchen and dining facilities; places of worship and/or
related gathering halls, lodges and similar facilities; indoor and
outdoor recreational buildings and uses; limited retail and banking
facilities; beauty salons and barber shops; gift shops; classrooms;
security facilities; conference rooms; social rooms; common areas;
guest rooms; medical offices; medical clinic; dialysis center; laboratory
services; dental offices; physical therapy and rehabilitation center;
wellness center; ambulatory surgery; diagnostic imaging services;
postal center; pharmacy; maintenance facilities; exercise and vocational
activities, swimming pools and spas; library and television room;
as well as facilities related to the operation of the CCRC, such as
but not limited to administrative offices, food and record storage
areas, property maintenance facilities, stormwater management facilities,
radio and satellite dish antennas, solar and other environmentally
renewable energy facilities; day-care center; security operations;
off-street parking and heating and cooling equipment structures. All
such services shall be provided by individuals employed by or under
contract with the CCRC.
A dwelling unit within a CCRC containing living area(s),
bedroom area(s), kitchen area and bathroom(s), including studio-style
apartments, attached townhomes, attached or detached individual dwelling
units which house(s) one or more people in a manner in which they
may live independently with the option of receiving one or more meals
per day in a congregate setting. The independent living unit shall
be operated by the legal entity holding all of the required licenses
and/or certifications required by the DCA and DHSS.
A facility located within a CCRC which provides comprehensive
needs of daily living and twenty-four-hour skilled nursing and medical
care to chronic, convalescent or hospice patients. It shall include
nursing beds and/or individual rooms, meals, dining rooms, bathing
areas, common areas, offices, clinics, therapy and recreation areas,
medical facilities and other space necessary to provide the above
services and shall be operated by the legal entity holding all of
the required licenses and/or certifications required by the DCA and/or
DHSS.
C.
Application requirements. In addition to other standard elements
of site plan applications in accordance with Township requirements,
an application for a CCRC development shall include conceptual architectural
plan and elevations and the following plans as described and detailed
in Township Ordinance No. 10-OR-001, the ordinance providing for general
development plan approval:[1]
D.
E.
Area, density, and yard bulk requirements.
(1)
Minimum tract size: 100 acres contiguous. Calculation of tract
size for purposes of determining compliance with minimum tract size
requirements shall include the gross acreage of the tract, including
all tax lots comprising same. The 100 acres minimum lot area for development
of a CCRC shall not prevent the development from proceeding in sections
or phases in accordance with an approved general development plan.
(2)
Maximum density: six CCRC independent living units per gross
acre of the gross tract size, calculated on a minimum of 100 acres,
but including the aggregate of all acreage within the overall project
as shown on the CCRC general development plan.
(3)
Minimum open space: 40% of the overall tract. The term "open
space" shall mean those areas located on-tract which are designated
as open space, including, but not limited to: active and passive recreation
areas; buffer areas; wetlands and floodplains; forest; steep slopes;
stormwater management basins and facilities, which are free from buildings,
streets, off-street parking and other impervious structures or coverage,
and are intended for the active or passive use or enjoyment of the
residents.
(4)
Minimum tract buffer: 50 feet, to include a minimum thirty-foot-wide
landscaped buffer area. When, adjacent to the tract boundaries, there
exists (on the adjoining property) at least 50 feet of dedicated open
space or undeveloped publicly owned lands, the reviewing board may
find a reduced buffer setback acceptable. No structure, activity,
storage of materials, or parking of vehicles shall be permitted in
the required buffer area. The reviewing board may reduce the minimum
tract buffer when the adjoining property's boundary has at least 50
feet of dedicated open space.
(5)
Maximum building height: 70 feet. No building shall be taller
than 45 feet or four stories unless it is set back at least 150 feet
from an accepted municipal or county right-of-way or tract boundary.
(6)
Maximum impervious coverage: 40% of the gross tract area.
(7)
Minimum front yard setback (no driveway): 15 feet, to be measured
from the face of curb or cartway edge of paving.
(8)
Minimum front yard setback (with driveway): 25 feet, to be measured
from the face of curb or cartway edge of paving.
(9)
The minimum combined side yard setback from the nearest adjacent
building or structure shall be 15 feet unless connected with a common
wall, in which case no setback shall be required.
(10)
The minimum combined rear yard setback from the nearest adjacent
building or structure shall be 25 feet.
(11)
Distance between buildings.
(12)
Requirements for accessory structures, as applicable, shall be in accordance with § 330-34I unless modified herein.
(13)
Parking and loading requirements. The total required minimum
number of parking spaces shall be 1.0 parking space per CCRC independent
living unit, plus one space for every four beds in an assisted living
facility, plus one space for each employee expected to be working
during the largest shift. The required number of loading areas shall
be one per community nonresidential building over 40,000 square feet
screened from the public right-of-way. No parking spaces shall be
required for skilled nursing unit beds.
(14)
Height requirements. The maximum height of any building shall
be 70 feet. No building shall be taller than 45 feet or four stories
unless it is set back at least 150 feet from an accepted municipal
or county right-of-way or tract boundary.
F.
Where permitted. The following tracts may be developed in accordance
with the development regulations set forth herein for the CCRC development:
A.
Intent and purpose. The R-MFA District provides for a multifamily
housing development with a total development potential of 140 residential
dwelling units. Twenty percent of all units constructed shall be set
aside and deed restricted as affordable family rental units, which
will enable the Township to address a significant portion of its affordable
housing obligation. All market rate and affordable units developed
are to be fully integrated throughout the development, and the construction
of buildings consisting solely of affordable units is expressly prohibited.
The tenancy of the market rate units shall be at the developer's discretion.
B.
Permitted principal uses and structures. Permitted principal uses
and structures are limited to multifamily attached dwellings composed
of 12 or less units with the total number of units not to exceed 140
units.
C.
Permitted accessory uses and structures. The following accessory
uses and structures are permitted, and shall be no less accessible
to affordable residents:
(1)
Clubhouse and/or community pool for the private use of residents
and guests.
(2)
Outdoor recreational facilities, including park/playground,
barbeque area, dog park, and walking paths.
(3)
One unit which may be the property manager's residence, property
management office, rental office, or display model.
(4)
Maintenance and storage garage.
(5)
Stormwater management facilities.
(6)
Accessory uses customarily incidental to a permitted principal
use as approved by the Township Zoning Officer.
D.
Development requirements.
(1)
Affordable housing requirements. The minimum percentage of dwelling
units which are affordable to households with very-low , low- , and
moderate-incomes, as defined by the Fair Housing Act, N.J.S.A. 52:27D-301
et seq., shall be no less than 20% of the total number of units developed.
The affordable units shall be developed in compliance with the bedroom
distribution and configuration requirements established by N.J.A.C.
5:80-26.3(b)(1) through (4). Of the total number of affordable dwelling
units, at least 50% of the restricted units within each bedroom distribution
shall be low-income units, with no less than 13% of the total restricted
units within each bedroom distribution reserved for very-low-income
individuals and families (earning 30% or less of median income pursuant
to the Fair Housing Act). A development shall comport with all applicable
affordable housing laws and regulations, including the phasing requirement
scheme set forth in N.J.A.C. 5:93-5.6(d), as well as ensuring each
affordable unit is subject to affordability controls of at least 30
years from the date of initial occupancy and affordable deed restrictions
as provided for by UHAC, with the sole exception that "very-low-income"
shall be defined as an income threshold not to exceed 30% of median
income pursuant to the Fair Housing Act.
(2)
Buffers. The perimeter track setback buffer shall be 35 feet. This
setback may be reduced to 32 feet to create staggered setbacks at
rear of units, to provide privacy between patios, or to accommodate
physical or environmental site conditions. Stormwater management facilities,
recreational facilities including parks with fencing, and walking
paths are permitted within the perimeter track setback buffer, but
shall be set back at least 10 feet from the tract perimeter. Buffers
shall include landscaping and screening as required by the reviewing
board.
(3)
Unit storage. All dwellings shall have adequate storage for clothing
and other personal belongings.
[Amended 4-26-2022 by Ord. No. 2022-OR-007]
(4)
Dwelling variation. Architectural elements such as bay or box windows,
balconies, building offsets, variation of building materials, textures
and/or colors and/or other architectural elements that achieve visual
interest may be provided.
(5)
Solid waste and recycling. The developer shall provide adequate facilities
for the disposal of solid waste and recycling. Such facilities shall
be placed within appropriate enclosures and screened from view.
[Amended 4-26-2022 by Ord. No. 2022-OR-007]
(6)
Pedestrian circulation. There shall be a comprehensive system of
pedestrian sidewalks serving all facilities within the development,
providing access to dwellings, parking areas, open spaces, recreational
and other communal facilities. Pedestrian sidewalks shall have adequate
lighting.
E.
Area,
yard, density, height and coverage requirements.
(1)
Minimum tract area: 10 acres.
(2)
Maximum lot coverage (total tract): 60% of the gross tract area.
(3)
The minimum tract perimeter setback for a principal building shall
be 35 feet. This setback may be reduced to 32 feet to create staggered
setbacks at rear of units, to provide privacy between patios, or to
accommodate physical or environmental site conditions. Patios and
decks may extend up to 10 feet into the setback, as measured from
the principal building.
(4)
Maximum multifamily attached dwellings containing 12 or fewer units:
12.
[Amended 4-26-2022 by Ord. No. 2022-OR-007]
(5)
No principal structure shall be located within 35 feet of another
principal structure; however, the rear of any principal structure
shall be a minimum distance of 50 feet from the rear of another principal
structure. Patios and decks may extend 10 feet into the setback as
measured from the principal building.
(6)
Maximum building height, principal use: 3.5 stories, but not to exceed
50 feet.
(7)
Maximum building height, accessory structure: 20 feet.
(8)
Setbacks, parking lots. No parking space shall be closer than 10
feet to a building and within 25 feet of a tract perimeter. This regulation
shall not apply to driveways associated with individual dwellings.
(9)
Unless otherwise set forth in this section, design and performance standards shall conform with RSIS and Chapter 330 of the Township Code. In the event of a conflict, the RSIS shall govern.
(11)
No site improvements will be offered for dedication to the Township.
(12)
Culs-de-sac shall be provided with a forty-foot cartway radius or,
as an alternative, culs-de-sac including hammerheads shall be interconnected
by twenty-foot-wide emergency fire lanes constructed in accordance
with Township standards in order to provide suitable access for emergency
vehicles. Parking is not permitted in hammerheads.
(13)
Maximum lot coverage for "fee simple" units: 80%.
[Added 6-22-2010 by Ord. No. 10-OR-014]
A.
Purpose. The purpose of this section is to permit certain renewable
energy systems as an accessory use in all zones and as a principal
permitted use in industrial zones when certain standards are met and
to provide an opportunity for and promote the safe, effective and
efficient use of wind energy and solar energy systems while substantially
minimizing the potential negative impacts that these systems may create
on surrounding properties.
B.
SOLAR ENERGY SYSTEM
SOLAR PANEL AREA
SOLAR PANELS
TOWER
WIND ENERGY SYSTEM
WIND TURBINE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A system that utilizes solar panels, as defined herein, to
convert solar energy to electricity in order to satisfy all or a portion
of the energy requirements associated with a dwelling or nonresidential
structure and/or to generate electricity for use in the regional high-voltage
electrical grid. The conversion may be accomplished by solar radiation
absorbed by a medium (such as solar panels, as defined herein) and
distributed to a point of use. The system shall include the solar
panels and all associated equipment, including any base, foundation,
structural support, wiring, piping, batteries or other components
necessary to fully utilize the system. An auxiliary energy system
may be employed to supplement the output provided by the solar energy
system and to provide for the total energy demand should the solar
energy system become inoperable.
The area contained within an elevated panel or plate, or
a canopy or array thereof, that captures and converts solar radiation
to produce power, and includes flat plate, focusing solar collectors,
or photovoltaic solar cells and excludes the base or foundation of
the panel, plate, canopy, or array.
A structure containing one or more receptive cells, the purpose
of which is to convert solar energy into usable electrical energy
by way of a solar system. This term includes all components necessary
to generate, store, transport and/or transfer energy.
A monopole, freestanding, or guyed structure that supports
a wind generator. This definition shall also include meteorological
("met") towers.
A system that utilizes a wind turbine, as defined herein,
to convert wind energy to electricity, which has a rated capacity
consistent with applicable construction codes and is used to satisfy
all or a portion of the energy requirements associated with a dwelling
or nonresidential structure and/or to generate electricity for use
in the regional high-voltage electrical grid. The system shall include
the wind turbine and all associated equipment, including any base,
blade, foundation, nacelle, rotor, tower, piping, transformer, vane,
wiring, inverter, batteries or other components necessary to fully
utilize the system, to include facilitating the storage and transfer
of energy.
Equipment that converts energy from the wind into electricity.
This term includes the rotor, blades and associated mechanical and
electrical conversion components necessary to generate, store and/or
transfer energy and which is mounted on top of a tower structure.
C.
General provisions.
(1)
Solar or wind energy systems are permitted as an accessory use
on the same lot as the principal use, whether roof-mounted or ground-mounted,
in all residential and business zone districts (specifically, R-7.5,
R-12, R-20, R-40, CCRC, B-1, B-2, B-3, BLI-1 and BLI-2 zone districts
as well as the AR and PRC zoning overlay areas). These are systems
whose main purpose is to generate energy to satisfy all or a portion
of the energy requirements associated with the onsite dwelling(s)
or business(es), rather than for sale back into the electrical grid
system. This provision shall not be interpreted to prohibit the sale
of excess power generated from time to time from a solar or wind energy
system that is designed to meet the energy needs of the principal
use.
(2)
Solar or wind energy systems, whether roof-mounted or ground-mounted,
shall be permitted as either an accessory or principal use in all
industrial zones, specifically the I-1, I-2 and I-3 zone districts,
on a parcel or parcels of land comprising 20 or more contiguous acres
that are owned by the same person or entity. Roof-mounted systems
shall also be permitted on smaller parcels in accordance with the
applicable provisions set forth herein.
(3)
The installation of solar or wind energy systems by any governmental
agency on land owned or leased by said agency shall be permitted as
either an accessory use or principal use in any zone district.
(4)
The installation of a solar or wind energy system is subject
to local electric public utility requirements for interconnection
to the electrical distribution system. All interconnections shall
comply with the applicable regulations established by the agency having
jurisdiction.
(5)
All new electrical transmission lines associated with the installation
of a solar or wind energy system shall be located underground, unless
the local electric public utility requires they be installed on existing
utility poles.
(6)
Any ground-mounted mechanical equipment associated with and
necessary for operation, including a building for batteries and storage
cells, shall be enclosed with a six-foot-high fence, if the entire
site is not enclosed with a fence.
(7)
Solar or wind energy systems installed on, within or above a
stormwater management facility, parking lot, sign structure or any
other type of freestanding structure not specifically considered a
roof by the Construction Official shall be considered a ground-mounted
system.
(8)
The design of solar or wind energy systems shall, to the maximum
extent practicable, use materials, colors, textures, shades, screening
and landscaping that will blend into the natural setting and existing
environment.
(9)
Solar or wind energy systems shall not be used for displaying
any advertising. Reasonable identification of the manufacturer and/or
operator of the system is permitted using text that does not exceed
a height of two inches. Hazard and/or warning signs pertinent to the
electrical nature of the equipment shall also be permitted.
(10)
A solar or wind energy system installed on a nonconforming structure
or on a site containing a nonconforming structure or use shall be
considered an expansion of the nonconforming structure or use.
[Amended 2-22-2011 by Ord. No. 11-OR-002]
(11)
Any applicant proposing to develop a solar or wind energy system
with the primary purpose of selling energy back to the grid or to
another party shall provide, as part of a site plan application, the
following:
(a)
Proof that the proposed development has received approval from
the applicable public utility company of the applicant's intent to
install such a system.
(b)
Proof that the proposed application complies with all New Jersey
Board of Public Utilities requirements and/or regulations.
(c)
Proof of compliance with applicable net metering and interconnection
standards.
(d)
A study, prepared by a qualified individual, to verify that
the site conditions are favorable for the purpose of producing the
intended amount of wind or solar energy.
(12)
In the case of any type of alternative energy system installed
on an existing roof (roof-mounted), the applicant shall provide, at
the sole discretion of the Construction Code Official, engineered
drawings, detailed calculations and/or a structural analysis prepared
by a New Jersey licensed professional engineer or architect verifying
the structural integrity of the roof system following installation.
(13)
Notwithstanding the provisions set forth herein, the installation
of any solar or wind energy system shall require a use permit and
all applicable construction permits and its design shall conform to
all applicable prevailing codes, standards and ordinances, including,
but not limited to, the State Uniform Construction Code (UCC), National
Electrical Code (NEC) and Federal Aviation Administration (FAA) requirements.
D.
Standards; types of installation.
(1)
Solar energy systems.
(a)
Roof-mounted systems.
[1]
Roof-mounted systems which satisfy the provisions
set forth herein shall require construction and use permits, but may
not require site plan approval. If, in the opinion of the Zoning Officer,
the installation of the solar energy system does not satisfy the provisions
of this section, he/she shall direct the applicant to file a site
plan or variance application with the reviewing board having jurisdiction.
Said application for development or appeal shall comply with the appropriate
notice and hearing provisions otherwise required for the application
or appeal pursuant to the Municipal Land Use Law, P.L. 1975, c. 291
(N.J.S.A. 40:55D-1 et seq.).
[2]
Residential. Roof-mounted systems on principal
or accessory buildings shall not be more than one foot higher than
the finished roof to which it is mounted.
[3]
Nonresidential. Roof-mounted systems on principal
or accessory buildings shall not be more than three feet higher than
the finished roof to which it is mounted. However, the reviewing board
may permit the system to be mounted at a greater height if the applicant
can demonstrate that no part of the system will be visible from any
roadway on which the building has frontage. In no instance shall any
part of the system extend beyond any edge of the roof or exceed the
height requirement of the zone in which it is located, whether located
on a principal or accessory structure.
[4]
Roof-mounted systems shall not be permitted to
be installed on temporary buildings.
(b)
Ground-mounted systems.
[1]
Residential. A ground-mounted system installed
on a residential lot which satisfies the provisions set forth herein
shall require construction and use permits, but may not require site
plan approval. If, in the opinion of the Zoning Officer, the installation
of the solar energy system does not satisfy the provisions of this
section, he/she shall direct the applicant to file a variance application
with the Zoning Board of Adjustment. Said application for development
or appeal shall comply with the appropriate notice and hearing provisions
otherwise required for the application or appeal pursuant to the Municipal
Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
[2]
Nonresidential. A ground-mounted system installed
on a nonresidential lot shall require a site plan application with
the reviewing board having jurisdiction. Said application for development
or appeal shall comply with the appropriate notice and hearing provisions
otherwise required for the application or appeal pursuant to the Municipal
Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
[3]
Solar panel area. The total solar panel area, along with the impervious surface area of any appurtenant facilities, shall be used for the purpose of calculating lot, coverage and the installation shall not result in a lot coverage, percentage which exceeds the maximum percentage permitted by Code for the zone district in which they are located (Chapter 330, Attachments 1, 2 and 3[1]).
[1]
Editor's Note: Said attachments are located as attachments
to this chapter.
[4]
Even though the surface of a solar panel shall not be considered to be impervious for the purpose of calculating stormwater runoff, the Township Engineer or reviewing board engineer, as applicable, may require the submission of stormwater calculations and/or improvements if, in his/her sole discretion, the installation of the ground-mounted system will create a potential impact to the onsite or offsite drainage or increase stormwater runoff from the pre-development condition. Any disturbance or additional impervious surfaces required for the installation of a ground-mounted system, to include all appurtenant facilities, which qualify as major development with respect to stormwater management as defined in § 330-87 of the Township Code, shall submit a site development stormwater plan as outlined in § 330-87E.
[5]
Design standards and bulk requirements.
[a]
Maximum height. Within a residential zone district
regardless of the use of the lot, and on a residential lot in a nonresidential
zone district, the maximum height of a system shall not exceed a height
of six feet. In all other zone districts, with the exception of residential
uses in nonresidential zone districts, the maximum height shall not
exceed 15 feet. Height shall be measured from the ground level adjacent
to the support structure to the highest point of the system, which
includes any adjustable or moveable parts that may at any point in
time extend above or beyond the fixed portion of the system.
[Amended 2-22-2011 by Ord. No. 11-OR-002]
[b]
Minimum setback. In all zoning districts, the system
shall have a minimum setback of 20 feet from all property lines.
[c]
Front yards. The system shall not be located in
a designated front yard or forward of the building line containing
the front door of any principal building.
[d]
Glare. The system shall not direct glare towards
any surrounding property.
[e]
The system shall be constructed in such a manner
that exposed hardware, supporting structures, frames and piping are
finished with nonreflective surfaces.
[f]
The system shall provide for adequate safety measures
as determined to be appropriate by the Construction Official. All
ground-mounted electrical and control equipment shall be labeled and
secured to prevent unauthorized access.
[6]
The reviewing board or, in the case of an installation
on a residential lot, the Zoning Officer may require the installation
of a solid fence to aid in screening the solar energy system from
surrounding properties. However, in no case shall the installation
of a fence requiring any variances be mandated.
(2)
Wind energy systems.
(a)
Residential. A wind energy system installed on any residential
lot which satisfies the provisions set forth herein shall require
construction and use permits, but may not require site plan approval.
If, in the opinion of the Zoning Officer, the installation of the
wind energy system does not satisfy the provisions of this section,
he/she shall direct the applicant to file a variance application with
the Zoning Board of Adjustment. Said application for development or
appeal shall comply with the appropriate notice and hearing provisions
otherwise required for the application or appeal pursuant to the Municipal
Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
(b)
Nonresidential. A wind energy system installed on any nonresidential
property shall require a site plan application with the reviewing
board having jurisdiction. Said application for development or appeal
shall comply with the appropriate notice and hearing provisions otherwise
required for the application or appeal pursuant to the Municipal Land
Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
(c)
Wind energy systems installed in residential and business zone
districts shall meet the definition of a "small wind energy system"
in the Municipal Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1
et seq.). In the case of a small wind energy system, an auxiliary
energy system may be employed to supplement the output provided by
the small wind energy system and to provide for the total energy demand
should the small wind energy system become inoperable.
(d)
Maximum height. The maximum height of the system, to include
the wind turbine, on any residential lot shall be 50 feet. A maximum
height of 150 feet shall be permitted on all other properties. The
height of the system shall be measured from the ground level adjacent
to the tower to the highest point of the system, which includes the
wind generator and any adjustable or movable parts that may at any
point in time extend above or beyond the fixed portion of the system.
For systems not mounted on the ground, the vertical distance from
the base of the tower to ground level shall be added to the height
of the tower for the purpose of calculating the height of the system.
(e)
Minimum setback. Any tower structure required for a wind energy
system shall be set back, as measured from the base of the tower,
a distance at least equal to 110% of the system height from any adjoining
lot line and all nonappurtenant buildings or structures, provided
that this distance is no closer to an adjoining lot line than the
building setback applicable to the zoning district in which the tower
is located. In the case of a tower structure installed on a property
located in a nonresidential zone district or on a property which contains
a nonresidential use but which abuts a residential zone or use, the
minimum setback requirement shall be increased to 150%. For roof-mounted
towers, the setback shall be measured from the nearest edge of the
structure to which it is attached.
(f)
For towers located in industrial zone districts that do not
meet the definition of a "small wind energy system," the minimum tower
setback from a residential zone district line, residential use, school
site or recreation site shall be 350 feet.
(g)
Only one wind turbine shall be permitted per property within
the R-7.5, R-12, R-20, R-40, B-1, B-2, B-3, BLI-1 and BLI-2 zone districts
as well as the AR and PRC zoning overlay areas. All guy wires and
any part of the energy system shall be located on the same lot as
the tower and turbine.
(h)
No portion of the system shall extend beyond any overhead utility
lines, unless written permission is granted by the utility company
that owns and/or controls said lines. Separation between the system
and electrical transmission lines shall be provided in accordance
with utility company requirements.
(i)
No portion of the system shall extend into any public road right-of-way,
unless written permission is granted by the government entity having
jurisdiction.
(j)
Towers shall either maintain a galvanized steel finish or, subject
to any applicable standards of the FAA, be painted a neutral color
so as to reduce visual obtrusiveness.
(k)
Appurtenant/accessory structures, equipment and guy wires must
satisfy the minimum zoning district setbacks for the zoning district
in which the tower is located, but in no event shall be located any
closer than 20 feet to an adjacent property line or right-of-way.
(l)
Towers shall not be artificially lighted, unless required by
the FAA or other authority having jurisdiction. If lighting is required,
the lighting shall be focused and shielded to cause the least impact
to adjacent and nearby properties and shall not exceed one footcandle
at the property lines. The applicant shall provide to the reviewing
board all applicable FAA standards regarding lighting that may apply
to a proposed tower.
(m)
Towers shall be designed and installed so as to not provide
any publicly accessible means to climb said tower, for a minimum height
of 12 feet above the ground level or it shall be enclosed by a security
fence with a lockable gate at the maximum height permitted in the
zone district in which the tower is located.
(n)
Any moving part shall be located at least 12 feet above ground
level.
(o)
The blades of the system shall be constructed of corrosion-resistant
material.
(p)
Noise generated by a wind energy system shall not exceed 55
decibels as measured at the property line of the lot on which the
system is located. This standard may be exceeded only during short-term
events such as utility outages and severe wind storms.
(q)
Meteorological towers designed and intended to support the gathering
of wind energy resource data shall also be governed by the provisions
of this section.
(r)
Nothing within this section shall be construed as to permit
a tower that has been constructed in conjunction with an approved
wind energy system to also be utilized for another use including,
but not limited to, a cellular communications or radio tower.
E.
Abandonment. Any solar or wind energy system that is not operated
for its intended and approved purpose for a continuous period of 12
months shall be considered abandoned, and the owner of such system
shall remove the same within 90 days of receipt of notice from the
Township by personal service or certified mail notifying the owner
of such abandonment. Failure to remove an abandoned solar or wind
energy system within said 90 days shall be grounds for the Township
to remove the system at the owner's expense.
[Added 10-22-2013 by Ord. No. 13-OR-032]
A.
PORTABLE HOME STORAGE UNIT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A portable shed, regardless of manufacturer, (commonly referred
to as "PODS®") that is located on a residential property for the
storage of materials on the temporary basis.
B.
Permit required; application; insurance; fee. Before placing a portable
home storage unit on his or her property the owner must submit a permit
application attached hereto to the Housing Inspector/Zoning Officer
and Construction Official for their approval. The application must
include an insurance certificate confirming liability insurance in
the amount of $100,000 provided by the company supplying the portable
home storage unit and a fee of $25.
C.
Duration/number. A permit may be granted for a period of 30 days.
At the expiration of the thirty-day period, the property owner may
seek one thirty-day extension for good cause such as an unexpected
delay in completing improvements or closing beyond the control of
the property owner. The permit extension fee is $25. No more than
one portable home storage unit shall be permitted in any twelve-month
period.
D.
Location. No portable home storage unit may be placed in any street
or in the front of a property. A portable home storage unit must be
kept in the driveway of the property at the furthest accessible point
from the street on a paved surface. No portable home storage unit
may be placed on a property if the Housing Inspector/Zoning Officer
or Construction Official deems it to be a sight obstruction for motorists.
[Added 8-24-2021 by Ord. No. 2021-OR-024]
A.
Intent and purpose. The R-MFA-II District provides for a multifamily
housing development with a total development potential of 140 residential
dwelling units. Twenty percent of all units constructed shall be set
aside and deed restricted as non-age-restricted affordable family
rental units, which will enable the Township to address a significant
portion of its affordable housing obligation. All market-rate and
affordable units developed are to be fully integrated throughout the
development, and the construction of buildings consisting solely of
affordable units is expressly prohibited.
B.
Permitted principal uses and structures. Permitted principal uses
and structures are limited to multifamily dwellings composed of 40
or less units with the total number of units not to exceed 140 units.
C.
Permitted accessory uses and structures. The following accessory
uses and structures are permitted and shall be no less accessible
to affordable residents:
(1)
Clubhouse and/or community pool for the private use of residents
and guests.
(2)
Outdoor recreational facilities, including parks, playgrounds,
barbecue areas, dog parks, and walking paths.
(3)
One unit which may be the property manager's residence, property
management office, rental office, or display model.
(4)
Maintenance and storage garage.
(5)
Stormwater management facilities.
(6)
Accessory uses customarily incidental to a permitted principal
use as approved by the reviewing board.
D.
Development requirements.
(1)
Affordable housing requirements. The minimum percentage of dwelling
units which are affordable to households with very low, low, and moderate
incomes, as defined by the Fair Housing Act, N.J.S.A. 52:27D-301 et
seq., shall be no less than 20% of the total number of units developed.
The affordable units shall be non-age-restricted family rental units
and shall be developed in compliance with the bedroom distribution
and configuration requirements established by N.J.A.C. 5:80-26.3(b)(1)
through (4). Of the total number of affordable dwelling units, at
least 50% of the restricted units within each bedroom distribution
shall be low-income units, with no less than 13% of the total restricted
units within each bedroom distribution reserved for very-low-income
individuals and families (earning 30% or less of median income pursuant
to the Fair Housing Act). A development shall comport with all applicable
affordable housing laws and regulations, including the phasing requirement
scheme set forth in N.J.A.C. 5:93-5.6(d), as well as ensuring each
affordable unit is subject to affordability controls of at least 30
years from the date of initial occupancy and affordable deed restrictions
as provided for by UHAC, with the sole exception that "very low income"
shall be defined as an income threshold not to exceed 30% of median
income pursuant to the Fair Housing Act.
(2)
Unit storage. All dwelling units shall have adequate storage
for clothing, trash and recycling cans, and other personal belongings.
(3)
Dwelling variation. Architectural elements such as bay or box
windows, balconies, building offsets, variation of building materials,
textures and/or colors and/or other architectural elements that achieve
visual interest shall be provided.
(4)
Trash and recycling. The developer shall provide centralized facilities for trash and recycling. Trash collection shall be performed by a private company, unless otherwise approved by the Director of Public Works. The collection of recyclables shall be in accordance with Chapter 512, Article II, of the Township Code.
(5)
Pedestrian circulation. There shall be a comprehensive system
of pedestrian sidewalks serving all facilities within the development,
providing access to dwellings, parking areas, open spaces, and recreational
and other communal facilities, designed in accordance with all applicable
provisions of the Township Code.
E.
Area, yard, density, height and coverage requirements.
(1)
Minimum tract area: 10 acres.
(2)
Maximum lot coverage (total tract): 60% of the gross tract area.
(3)
The minimum tract perimeter setback for a principal building
shall be 25 feet. Patios and decks may extend up to 10 feet into the
setback as measured from the principal building.
(4)
Maximum number of principal buildings containing 40 or fewer
units: five.
(5)
No principal building shall be located within 35 feet of another
principal structure; however, the rear of any principal building shall
be a minimum distance of 50 feet from the rear of another principal
building. Patios and decks may extend 10 feet into the setback as
measured from the principal building.
(6)
Maximum building height, principal use: 3.5 stories, but not
to exceed 50 feet.
(7)
Maximum building height, accessory structure: 20 feet.
(8)
Setbacks, parking lots. No parking space shall be closer than
10 feet to a building or within 25 feet of a tract perimeter.
F.
Miscellaneous provisions.
(1)
Unless otherwise set forth in this section, the design and performance standards shall conform with RSIS and Chapter 330 of the Township Code. In the event of a conflict, the RSIS shall govern.
(2)
All dwelling units shall be provided with adequate indoor area
to store a minimum of one thirty-two-gallon trash container and two
recycling containers.
(3)
No stormwater management facility shall be located closer than
25 feet from an adjoining lot line of a residential use.
