A.
Purpose. The purpose of the different business districts
is to provide locations where retail and service businesses can be
rendered for the convenience and short-term needs of residents. The
zoning standards for the different business districts are intended
to reflect the different characteristics of each district. It is the
intent of the business district requirements to focus maximum attention
on proper site designing, including the size and location of structures
and parking areas, proper ingress and egress, developing of an interior
street system, erosion control, architectural design, landscaping
and the compatibility of any proposal with the natural foliage, soils,
contours, drainage patterns and the needs to avoid visual intrusions
and performance nuisances upon adjacent residences or residential
zones.
B.
Principal permitted uses on land and in buildings.
The following shall be permitted as principal uses:
(1)
General retailing stores for the sale of merchandise, but no businesses
whose principal use is manufacturing, assembly, fabricating or processing.
Permitted uses include but are not limited to pharmacies; stationery;
millinery shops; sewing and needlework supplies; clothing; jewelry
and other accessories; shoes; gifts; novelties; bookstores; music
stores; artwork; leather and luggage shops; photographic studios;
camera and video stores; flower shops; hardware; paint; wallpaper;
candle shops; curtain, drapery and material shops; interior decorators;
furniture; electronics; pet supplies; pottery and hobby shops; sporting
goods; farm and lawn machinery, garden supplies and nursery plants
and supplies, lawn and farm seed, feed and fertilizer material; and
antique and similar stores, but not drive-in or drive-through services.
[Amended 5-25-2005; 2-13-2013]
(2)
Restaurants, tearooms and taverns for the sale and
consumption of food and beverages, but not drive-in or drive-through
services.
(3)
Personal services uses, such as barbers, beauticians, banks with
or without drive-in windows, cleaners, laundries, tailors, shoe repair,
upholsterers, radio and television repair and funeral homes and similar
uses, but not drive-in or drive through services, except for banks.
[Amended 2-13-2013]
(4)
The retailing of food products, including wine and liquor stores,
confectioneries, bakeries where all products baked are sold from the
premises, delicatessens and similar uses, but not drive-in or drive-through
services.
[Amended 2-13-2013]
(5)
Animal hospitals for small animals.
(6)
Business offices, travel agencies, dancing studios,
health spas, physical fitness facilities, art studios, music studios,
professional office buildings, computer programming services, brokerage
firms, insurance agencies, real estate offices, art and graphic design,
ambulatory medical, dental, physical therapy, speech therapy, psychologists
and psychiatrists offices.
[Amended 5-25-2005]
(7)
Service stations, with or without a convenience store, are permitted only as conditional uses, there shall be no car wash facilities and, in recognition of the Swimming River Reservoir and the state's Environmentally Sensitive Planning Area designations in the State Development and Redevelopment Plan, the number of service stations in all business districts combined shall not exceed three. See also § 102-11I.
[Amended 2-8-2023 by Ord. No. 2023-3]
(8)
Indoor and outdoor tennis and racket Courts and clubs;
all outdoor facilities shall be open for play only during daylight
hours.
(9)
Buildings or lands used exclusively by federal, state,
county or Township government for public purposes.
(11)
Hospitals or similar facilities providing beds
and other overnight accommodations, such as nursing homes and emergency
medical service facilities, strip malls, supermarkets, department
stores, retail-warehouse-type establishments, discount stores, lumber
yards, the sale of automobiles, trucks, trailers, boats, motorcycles
and similar equipment, movie theaters, adult bookstores, junkyards,
manufacturing uses, fabrication uses, tattoo parlors, x-rated adult
bookstores/massage parlors and places or worship are specifically
prohibited.
[Amended 5-25-2005; 2-28-2018]
(12)
Child-care centers for six or more persons are
permitted as a principal use in all business districts meeting the
requirements of the schedule of limitations. Child-care centers may
also be located within a building containing multiple occupants, provided
that the building and lot meet all the area, dimensional, setback,
floor area ratio and other bulk criteria for the district in which
the building is located. All facilities shall be licensed by the New
Jersey Department of Human Services and shall adhere to the applicable
regulations in this chapter. Where any regulations in this chapter
concerning child-care centers conflict with regulations of the Department
of Human Services, the Department of Human Services regulations shall
prevail.
(13)
Public utilities are permitted only as a conditional use. See § 102-11G.
[Amended 2-8-2023 by Ord. No. 2023-3]
(14)
Agricultural uses.
[Added 5-25-2005]
(16)
The growing, cultivating, farming, manufacturing, distribution, or
selling of medical and/or recreational marijuana, and/or paraphernalia
that facilitates its use, shall be a prohibited principal, accessory
or conditional use.
[Added 8-8-2018 by Ord.
No. 2018-13; amended 4-14-2021 by Ord. No. 2021-6]
C.
Accessory uses permitted. The following shall be permitted
as accessory uses:
(1)
Off-street parking, except that underground or multistory
parking garages are specifically prohibited.
(3)
Medical laboratories in conjunction with medical clinics.
(8)
Outdoor cafes in conjunction with lawfully permitted
restaurants in the B1, B2 and B3 Business Zones and further subject
to the following provisions:
[Added 10-28-1998]
(a)
Site plan approval, minimum off-street and maximum
lot coverage requirements shall not be applicable to conforming outdoor
cafes.
(b)
Outdoor cafes shall be subject to the principal building front, side and rear setback requirements contained in § 102-114, Schedule of limitations: nonresidential.
(c)
Outdoor cafes shall have an area limited in
width to each restaurant or storefront and shall not exceed 1,000
square feet in area.
(d)
Upon the approval and issuance of a temporary
outdoor cafe permit by the Zoning Officer, any restaurant may conduct
an outdoor cafe with tables and chairs for a maximum period of eight
months and shall be limited to a maximum of 48 seats. If individual
seats are not provided, each 24 inches of bench shall be considered
one seat.
(e)
No additional signs shall be permitted. No music
or live entertainment of any type is permitted outdoors. No outdoor
cooking of any type is permitted in outdoor cafes.
(f)
An applicant for a temporary outdoor cafe permit
shall provide the Zoning Officer with a statement of the name and
address of the applicant, letter of consent from the owner of the
property, a valid mercantile license, a sketch drawn to scale showing
the location and size of the outdoor cafe area involved, a description
of the seating plan (including a rendering of position of tables and
chairs relative to entrances, exits and the sidewalk) and hours of
operation. No less than four feet of unobstructed sidewalk shall be
open and maintained for pedestrians.
(g)
An application for an outdoor cafe permit shall
be accompanied by a fee of $50. Any and all licenses issued pursuant
to the terms of this subsection shall permit outdoor cafe operations
to begin no earlier than April 1. Any and all outdoor cafe operations
so established shall terminate no later than November 30 of the year
in which the permit is issued.
(h)
The Zoning Officer shall consult with the Construction
Official, Fire Chief and Chief of Police to determine if the proposed
outdoor cafe can be conducted without causing safety problems. The
Zoning Officer shall also consult with the Health Officer concerning
public health considerations. If the Zoning Officer finds that no
health, public safety or public nuisance is likely to be created and
will not disrupt normal activities in the area, he or she may issue
the required permits.
(i)
Property shall be cleaned and kept refuse-free,
and no large containers for trash shall be placed on the safe premises.
(j)
Any person who violates any of the provisions
of this subsection shall not be eligible for a license in any following
year.
(k)
When applicable, proof must be submitted to
the Township Clerk that the applicant has a state liquor license authorizing
the applicant to serve alcoholic beverages outdoors at the cafe.
(9)
Solar
energy panels mounted at ground level, located in rear or side yards
only and which shall be screened from view from public streets and
neighboring properties by screening planting, fencing or a combination
thereof such as to provide the proper shielding after two growing
seasons. Location and screening requirements do not apply to solar
energy panels mounted flush or nearly flush with building sides or
roofs.
[Added 8-10-2011]
D.
Building height. No building shall exceed 35 feet in height or 2 1/2 stories, subject to § 102-61.
[Amended 5-25-2005]
E.
Area, yard and site plan requirements.
(1)
At least the first 25 feet adjacent to any street
line or the first 10 feet adjacent to any side or rear lot line shall
not be used for parking and shall be planted in lawn area or ground
cover or other planting(s) shown on an approved landscaping plan,
except that where two abutting lots are designed to interconnect their
parking and on-site circulation systems, the setbacks between those
lot lines shall be waived.
[Amended 5-25-2005]
(2)
In order to encourage shopping center designs that
will share parking and other features in common, such as a common
architectural theme, lighting, signage and landscaping, a shopping
center may be constructed in phases, provided that an overall layout
of the entire site is approved. Each phase shall then be constructed
consistent with the phasing plan or an amended phasing plan. Any amended
phasing plan shall be consistent with any prior phase having preliminary
or final approval or having been constructed. A shopping center shall
have the exterior appearance of separate, smaller storefronts, whether
or not the interior space is divided into smaller, individual stores.
The architectural theme shall be either Georgian or Colonial. The
maximum width of this exterior storefront appearance shall be 60 feet.
Each storefront shall vary by changing from one to two stories or
by having building front facades offset more than five feet and by
other building features, singly or in combination, which shall include
variations from adjacent storefronts by distinguishable differences
in building materials, colors, rooflines, window treatments or door
styles. Buildings within the shopping center may be attached to one
another. The minimum distance between detached buildings shall be
the distances set forth in the schedule, except that if there is a
driveway, parking area, sidewalk or other improvement located in the
space between the buildings the distance between the buildings and
these improvements shall be at least 10 feet. Once the site plan is
approved, individual sections of buildings may be subdivided along
common walls extending from the floor to the roofline in order to
locate that building or portion of a building on a separate lot. These
sections of the building may be separate lots with zero setbacks for
financing and ownership purposes, provided that the approving authority
has received and approved, as part of such an application, the condominium
documents, cross easements, deed restrictions and other legal documents
to assure common and shared vehicle access, parking, loading, emergency
access, building maintenance, maintenance of any common property,
as well as adherence to the approved signage, lighting, architecture,
landscaping, and similar matters as intended and approved as part
of the overall site plan.
(a)
Shopping center applications shall incorporate
the following design principles:
[1]
Shared parking with, and viable common access
between, parking lots to adjoining properties, whether the adjoining
properties are developed or not.
[2]
Shopping centers shall provide a pedestrian
walk along the front building facades, having a minimum width of 12
feet. Changes in the surface material used, pattern, and/or color
are encouraged, but not required, in order to define each storefront
or to identify pedestrian crosswalks. Street furniture, such as benches,
planters and trash receptacles, shall be provided in appropriate locations
along the walk.
[3]
Outdoor Courtyards, plazas, squares or greens,
containing a minimum of 1,500 square feet, shall be required for shopping
centers with 10 or more businesses and are encouraged, but not required,
for shopping centers with up to nine businesses in an effort to serve
as public gathering points and a visual focus. Distinguishable features
may be part of the outdoor area, such as fountains, statues, ponds
and other forms of artwork or landscaping features with seating arrangements,
to promote a comfortable environment for social gatherings.
(3)
No merchandise, products, waste, equipment or similar
material or objects shall be displayed, sold, consumed or stored outside,
except:
[Amended 10-28-1998]
(a)
Outdoor cafes as permitted by § 102-109C(8); and
(b)
Nursery and garden center, living plant materials
and garden supplies in a designated location as shown on an approved
site plan and which location is an integral design with the store
to which it is affiliated or except if specifically permitted elsewhere
in this chapter. All outside sale, storage and display areas for living
plant material and garden supplies shall be located behind the front
building line of the main building, shall conform to accessory minimum
side and rear lot line setbacks and shall be completely screened from
view from the front, rear and side lots by a combination of fencing
and planting of massed evergreens, deciduous trees and shrubs of such
species and size as will produce, within two growing seasons, a screen
at least four feet in height and of such variety and density as will
obscure, throughout the full course of the year, the outside sale,
display and storage area.
(4)
All buildings in the shopping center shall be of a
single architectural scheme, whether constructed all at one time or
in stages over a period of time. All exterior walls shall be suitably
finished for aesthetic purposes, which shall not include bare unpainted
or painted cinder block or concrete block walls.
(5)
All areas not utilized for building, parking, loading, access aisles
and driveways or pedestrian walkways shall be suitably landscaped
with shrubs, ground cover, seeding or similar plantings and maintained
in good condition. A minimum area of the lot, equivalent to 1/2 the
gross floor area of the building, shall be landscaped, and said landscaping
shall be reasonably distributed immediately adjacent to and around
the buildings. This landscaping shall consist of at least two ornamental
trees and six shrubs per 400 square feet of required planting area
as well as a suitable shrubbery in a planting strip not less than
four feet wide on the front, sides and rear of any building. This
requirement is in addition to other landscape requirements of this
chapter.
[Amended 10-11-2017]
(7)
Whenever a use in this district abuts or is across the street from a residential district, a buffer area shall be established at least 30 feet wide, and said buffer area shall be maintained by the owner, except as modified in § 102-115, Buffers.
(8)
Child-care centers shall provide outdoor recreation
space. All outdoor recreation areas shall be fenced and shall be no
closer to any lot line, street right-of-way, parking lot, loading
area, driveway or internal street system than 20 feet. All recreation
areas shall be enclosed with a fence at least five feet high. This
setback area shall be planted with evergreen material spaced so as
to provide a dense visual screen. The amount of outdoor recreation
area shall be based on the requirements of the New Jersey Department
of Human Services.
F.
Minimum off-street parking (see also § 102-119).
(2)
Medical and dental offices, physical therapy, psychologists
and psychiatrists or similar licensed health care practitioners and
animal hospitals shall provide five spaces for the first and two spaces
for each additional examination room, except that at least one space
per 150 square feet of floor area shall be provided.
[Amended 5-25-2005]
(3)
Restaurants, tearooms and taverns shall provide one
space for every two seats, but not fewer than 10 spaces.
(4)
Barbers and beauticians and similar uses shall provide
five spaces for the first chair and two spaces for each additional
chair.
(5)
Banks, offices and professional office buildings shall
provide five spaces per 1,000 square feet of gross floor area or fraction
thereof. In any case, a minimum of five spaces shall be required.
(6)
Retail stores, delicatessens, convenience stores,
pharmacies, health spas, physical fitness facilities and businesses
not specifically enumerated herein shall provide one space per 200
square feet of floor area.
[Amended 5-25-2005]
(7)
Electronics, farm and lawn machinery, hardware, furniture,
antique, lawn and farm seed, feed and fertilizer, paint, wallpaper
and sporting goods stores and similar uses shall provide three spaces
per 1,000 square feet of gross floor area or fraction thereof but,
in any case, shall provide a minimum of 10 spaces.
(8)
Garden centers and retail plant, shrub and tree nurseries
engaged in the retail sale of living plant material and garden supplies
shall provide three spaces per 1,000 square feet of gross floor area
or fraction thereof of building area, plus 1/2 space per 1,000 square
feet of outside storage, sale or display area but, in any case, shall
provide a minimum of 10 spaces. Outside storage, sale or display area
shall not exceed 10 times the building coverage and shall be used
only for the storage, sale and display of living plant material and
garden supply items; this space shall conform to all setback requirements.
(9)
Cleaners, laundries, tailors, shoe repair, upholsterers,
radio and television sales and repair, liquor stores, bakeries, meat
markets, shoe and clothing sales, stationery, millinery, novelties,
pet and hobby stores shall provide four spaces for each 1,000 square
feet of gross floor area or fraction thereof.
[Amended 5-25-2005]
(10)
Parking areas for individual stores shall be
designed to be interconnected with adjacent properties and shall utilize
common entrances and exists, where feasible, to minimize access points
to the street.
(11)
More than one use may occupy one building or
attached group of buildings. The total parking spaces shall be an
accumulation of the various standards appropriate to the uses noted
above.
(13)
Indoor and outdoor tennis and racket Courts
and clubs shall provide eight parking spaces for each indoor or outdoor
Court or equivalent.
(14)
No commercial motor vehicle, truck tractor,
construction vehicle, solid waste vehicle, rack body, dump body, omnibus,
school bus or trailer bearing commercial registration and/or bearing
commercial license plates and/or passenger vehicle registration bearing
passenger license plates insured at a commercial rate other than those
owned or leased by the operator of the business conducted at the premises,
shall be parked out of doors anytime, except those vehicles actually
engaged in deliveries, purchases, construction or similar activity
that is in progress at the site in question, in which case the vehicle
may be parked on a temporary basis. A maximum of three commercial
vehicles owned or leased by the operator of the business conducted
at the premises may be parked out doors in a designated parking stall,
provided that such location is the primary site of the business operation.
[Amended 2-14-2024 by Ord. No. 2024-9]
(15)
Any plan which seeks a reduction in the parking for the intended use may be approved if adequate expert testimony on the parking needs has been presented to the Board and the Board finds adequate reason to approve fewer parking spaces. The approval of a plan with reduced parking shall be conditioned on either a deed restriction being placed on the property, limiting the property to the proposed use and its related parking standard; showing on the site plan how the highest parking ratio can fit on site even if all the parking is proposed not to be constructed at this time; or putting a notice in the deed that every change in occupancy shall require a review of the on-site parking requirements, and if the new occupant will violate either the previously approved reduced parking or the full parking requirements of this chapter, the new occupant will only be permitted if either the additional parking is provided or a variance is granted. Any spaces that are not required to be constructed under Subsection F(2) above shall be considered banked spaces for future contingencies and need not be constructed unless or until the use changes and more parking is needed or actual experience shows the parking to be insufficient. The determination on whether some or all the banked parking spaces shall be constructed shall be a decision of the approving authority.
(16)
Child-care centers shall provide four spaces,
plus one space for each school vehicle, but in any event not fewer
than either two spaces per teacher and teacher's aide or 0.2 space
per student based on the state's approved capacity of the facility,
whichever is less. An on-site area shall be provided separate from
the parking spaces for temporary parking so students leaving vehicles
have access to a sidewalk leading into the school without the child
having to cross a street, parking lot, loading area, driveway or aisle.
Where a child-care center is part of a complex which shares parking
spaces with other uses, the floor area of the child-care center need
not be included in calculating the number of parking spaces to be
constructed, but the site plan shall show the location of the parking
spaces that are not required to be constructed but which are generated
by the gross floor area of the child-care center, in the event that
the square footage of the child-care center is occupied by some other
use in the future. Where a child-care center has its own parking facilities,
the number of spaces shall be based on the schedule above.
(17)
Hotels and motels shall provide one parking
space for each rental unit. Each commercial use within the building
shall be computed separately according to the requirements for such
use.
[Added 5-25-2005]
G.
Minimum off-street loading and unloading areas.
(1)
There shall be at least one trash and garbage pickup
location provided for each building by either a location within the
building or in a pickup location outside the building which shall
be a steel-like, totally enclosed container located in a manner to
be obscured from view from parking areas, streets and adjacent residential
uses or zoning districts by a fence, wall, planting or combination
thereof. If located within the building, the doorway may serve both
the loading and trash/garbage functions. If a container is used for
trash/garbage functions and is located outside the building, it may
be located adjacent to or within the loading space, provided that
the container in no way interferes with or restricts loading and unloading
functions.
(2)
Off-street loading and unloading spaces shall be provided
separately and shall include sufficient area so that no vehicle either
maneuvering into a space or while parked shall obstruct any parking
space, pedestrianway, access aisle, fire lane, street right-of-way
or driveway.
H.
(1)
Service stations and public garages shall be permitted
one externally illuminated freestanding sign and one externally illuminated
sign attached flat against the building. The freestanding sign shall
not exceed a height of 30 feet nor 40 square feet in area for each
of two sides. The attached sign shall not exceed 20 square feet in
area nor exceed the height of the roofline.
[Amended 7-9-2008]
(2)
Shopping centers and office buildings. Shopping centers
and office building complexes shall provide a coordinated and comprehensive
sign plan. All freestanding, facade and entrance signs may shall be
externally illuminated and shall resemble a composition of wood material.
All signs shall be coordinated into an integrated theme containing
a commonality of colors, lettering and appearance.
[Amended 11-10-1999; 7-9-2008; 10-14-2020 by Ord. No. 2020-18]
(a)
Freestanding signs. One freestanding, externally
lighted sign shall be permitted for one shopping center or office
building where there are five or more separate uses or tenants grouped
into one area. Such sign shall not exceed a height of 30 feet, shall
be set back from the future street right-of-way a minimum of 10 feet,
may be externally illuminated and shall not exceed 50 square feet
of common area indicating the name of the shopping center or office
complex.
(b)
Attached signs. Each store or office in a shopping
center or office complex may have one externally lighted or unlighted
sign displaying the name of one business attached flat against the
front of the building at the main entrance to the business. Said sign
shall not exceed an area equivalent to 5% of the front of the building
or 60 square feet, whichever is smaller. The sign shall not exceed
a vertical dimension greater than six feet and shall be mounted on
the front façade and not on the building roofline.
(c)
Side and rear entrance signs. Where the building(s)
are designed for rear or side entrances, one unlighted sign may be
attached flat against the building above the doorway at each entrance,
each sign not to exceed an area of 10 square feet if the entrance
is for customers and not more than four square feet if limited to
employees and deliveries.
(d)
Signs under walkways. Where the businesses are
connected by a common walkway covered by a roof, each business shall
have one lighted sign suspended from the ceiling perpendicular to
the front wall of the building. Suspended signs shall be the same
height, dimension and alignment as all other suspended signs above
the covered walkway. Said signs shall be 7.5 feet at their lowest
point to the finished grade below them, shall have a vertical dimension
no greater than 1.5 feet and shall not exceed eight square feet in
area, and the center of the sign shall be above the center of the
walkway.
(e)
Traffic signs. Each shopping center and office
complex may have traffic direction signs at each entrance and exit,
in the parking lot and at other locations in the circulation system
for the purposes of traffic safety (stop, yield, no parking, one-way,
handicapped, etc.). These signs shall be shown on the approved site
plan and shall conform to New Jersey Department of Transportation
specifications. Entrance and exit signs at driveways onto public streets
may have one entrance and one exit sign where, in the judgment of
the approving authority, said signage is appropriate given the nature
of the public street and the design of the driveway(s). Said signs
shall not exceed five square feet in area, shall have a maximum of
2.5 feet in height and shall be set no closer to the road than the
future street right-of-way.
(3)
All signs shall conform in character with all other
signs in the shopping center and shall blend in with the overall architectural
scheme of the shopping center.
(4)
Other uses shall be permitted one externally illuminated
freestanding sign which shall not exceed eight feet in height and
shall be set back from the future street right-of-way a minimum of
10 feet and shall not exceed 25 square feet in area for each of two
sides and one externally illuminated sign which shall be attached
flat against the building and shall not exceed 60 square feet in area
or the equivalent of 5% of the area of the front of the building,
whichever is smaller, and shall be mounted on the front building façade
and not on the roofline.
[Amended 7-9-2008; 10-14-2020 by Ord. No. 2020-18]
(5)
A temporary real estate sign advertising the sale
or lease of a property or structure is permitted with the following
restrictions: there shall be no more than one sign per property; signs
shall not be lighted; and signs must be located on the property advertised.
Such signs shall not exceed four square feet on each side, shall not
be more than four feet in height and shall be removed at the expense
of the advertiser immediately upon termination or completion of the
matter being advertised.
[Amended 10-14-2020 by Ord. No. 2020-18]
I.
Recyclable material storage. For each site plan application
for commercial developments, the applicant shall provide an estimate
of the quantity of mandated recyclable materials (including but not
limited to newspaper, glass bottles, aluminum cans, tin and bimetal
cans, high-grade paper and corrugated cardboard) that will be generated
by the development during each week. A separated storage area must
be provided to accommodate a one-week to four-week accumulation of
recyclable material. The approving authority may require the location
of one or more common storage areas at convenient locations within
the development.
[Added 12-16-2020 by Ord.
No. 2020-20]
A.
Purpose.
(1)
The purpose of the Mixed-Use 1 Overlay District (hereinafter
MU-1) is to provide for the construction of mixed-used development
that will support Township businesses and provide new shops and services,
and private and public outdoor amenity spaces. Furthermore, this mixed-use
development is required to include an affordable housing component
that is intended to satisfy a portion of the Township's affordable
housing obligation pursuant to the New Jersey's Fair Housing Act,
N.J.S.A. 52:27D-301 et seq., the rules of the New Jersey Council on
Affordable Housing, and the 2020 Settlement Agreement between the
Township and Fair Share Housing Center.
B.
The principal permitted uses allowed in the MU-1 Overlay District
include the following:
(1)
Mixed use development consisting of nonresidential and residential
uses. Buildings may include residential and nonresidential uses or
may be single use buildings.
(a)
As specified in Exhibit B to the 2020 Settlement Agreement between
the Township and Fair Share Housing Center, the mixed use development
requirement shall not apply to Block 48, Lots 5, 39, and 40; these
lots may be developed with residential uses only.
(b)
Permitted nonresidential uses are all principal permitted uses in the B-1, Business district, § 102-109B of the Township Code.
(c)
Permitted residential uses are townhouse dwelling units and
multifamily dwelling units.
C.
The accessory permitted uses allowed in the MU-1 Overlay District
include the following:
(1)
Accessory uses and structures customarily incidental to permitted
uses.
(2)
Accessory uses permitted and as regulated in the B-1, Business District, § 102-109C of the Township Code.
(4)
Interior amenities associated with the residential portion of
the development such as but not limited to fitness areas, game rooms,
and workstations.
(5)
Office and maintenance space associated with on-site management.
(6)
Garages, both attached and detached.
(7)
Home offices, subject to § 102-84C(19), with the exception that they shall be permitted in any residential use.
E.
Affordable housing.
(1)
The required affordable housing set-aside for any type of residential
development is 20%.
(2)
Affordable housing units shall comply with the Township's affordable
housing regulations and the Uniform Housing Affordability Control
Rules (N.J.A.C. 5:80-26.1), which shall control in the case of any
conflicts with this section, provided that a minimum of 13% of the
total low- and moderate-income units shall be affordable to very-low-income
households (i.e., 30% or less of median income).
(3)
The affordable units shall be distributed throughout the residential
buildings such that no building consists of more than 30% affordable
units.
F.
Area and bulk standards.
(1)
Minimum tract area: 40,000 square feet.
(2)
Minimum lot width: 200 feet.
(3)
Minimum lot frontage: 200 feet.
(6)
Maximum residential density: eight dwelling units per acre.
(7)
Maximum building coverage: 50%.
(8)
Maximum lot coverage: 80%.
(9)
Maximum floor area ratio (FAR) for nonresidential uses: 0.15.
G.
Building design requirements.
(1)
Nonresidential or mixed use buildings located along Route 34,
Route 537 or the Highway Access Management Road shall be oriented
toward Route 34 or Route 537 with all or a significant portion located
parallel to the street. This shall not apply to any building located
behind another building. Orientation shall include the provision of
one or more primary building entrances.
(2)
The first floor of any building(s), or portion of a building(s),
oriented toward Route 34 or Route 537 shall consist of nonresidential
uses.
(3)
First floor residential uses shall not face Route 34 or Route
537. This shall not apply to building entrances and common areas for
residential uses whose width does not exceed 30 feet.
(4)
Multiple principal buildings shall be permitted on a lot.
(6)
Maximum building length: 200 feet.
(7)
A Colonial Williamsburg architectural style is strongly encouraged.
The architectural details and style shall provide varied building
elevations, design, and structural appearance within the context of
a single unifying theme.
(8)
The front facade of a residential building shall not continue
on the same plane for a linear distance of more than 75 feet. Minimum
two-foot offsets shall be required at breaks in the facade planes.
(9)
All townhouse dwellings shall provide at least one off-street
parking space within an enclosed garage located in the rear yard with
access from a lane/alley. Front loaded garages and side-loaded garages
requiring access in the front of the townhouse buildings they are
intended to serve are prohibited.
(10)
Townhouse dwelling lots shall have their rear lot lines coinciding
with an alley 24 feet wide containing a vehicular pavement width of
at least 10 feet one-way and 16 feet two-way.
(11)
First-floor facades containing nonresidential uses which are
visible from Route 34, Route 537 or the Highway Access Management
Road shall be expressed as building modules that do not exceed 40
feet in width so as to eliminate blank walls, create more interesting
architecture, and facilitate small-scale commercial opportunities.
Architectural elements, including but not limited to piers, columns,
insets, projections or other vertical elements may be used to visually
break up the plane of the first floor facade.
(12)
Where facing Route 34, Route 537 or the Highway Management Access
Road nonresidential uses shall have a minimum of 60% of the ground
floor facade between three and 10 feet above grade and 30% of upper
floor facades shall be transparent and shall provide visual access
to the street. Blanked-out windows, windows which display only signage,
or look into unused or "dead" space do not meet this requirement.
(13)
First-floor windows of nonresidential uses facing Route 34,
Route 537 or the Highway Access Management Road shall be clear; tinted
windows in this location are prohibited.
(14)
Building facades shall be finished in stone veneer, stucco,
brick, fiber cement panel and/or cast stone. Fiber cement panels shall
have the appearance of siding or shingles. Metal shall be used only
for minor accentuation of other elements of the facade. Where facing
a public street, exterior insulation and finishing system (EIFS) shall
not be used on any portion of the building facade or column.
(15)
The maximum size of any individual commercial business (excluding
office and medical use) should be limited to 5,000 square feet.
(16)
Building entrances should be articulated to make it easily identifiable
by visitors and to provide architectural interest. Examples of special
features of entrances include, but are not limited to, awnings and
architectural treatments.
(17)
Awnings are encouraged. Where provided, awnings shall be uniform
in color and material
(18)
When separate nonresidential tenants are housed on the ground
floor of any building, separate entrances onto the sidewalk for each
space should be provided, except when two stores share a vestibule.
(19)
Upper floor windows should be divided into individual units
or groupings of individual units, rather than a continuous "ribbon."
(20)
Consistent building materials shall be used on all sides of
a building that is visible from Route 34, Route 537 or the Highway
Access Management Road.
(21)
Roof design:
(a)
Flat roofs are prohibited.
(b)
Roof shape, color, and texture should be coordinated with the
exterior materials of the building's facade.
(c)
Roof design should minimize the negative impact of roof protrusions
by grouping plumbing vents, ducts, and other utility structures together.
(d)
Rooftop equipment such as mechanical units, vents, and flues
should be located centrally on the building roof, to the extent practicable.
Any equipment visible from a publicly accessible area, adjacent lots,
and pedestrian corridors shall be screened using parapets, pitched
roof forms, or penthouses. Screening shall be constructed of the same
or complementary material as the building.
(22)
All refuse containers shall be enclosed within and screened
by a masonry enclosure with an exterior treatment that is complementary
to the color and materials of the principal building(s).
H.
Site design requirements.
(1)
Development shall comply with the Township's Highway Access
Plan.
(a)
Developments shall record parallel access road easement agreement
with a continuing offer to dedicate.
(b)
Developments shall record a shared parking and cross access
easements with adjoining properties for the Highway Access Management
Road and nonresidential portions of the development. (Exhibit No.
2.)[1]
[1]
Editor's Note: Said exhibit is included as an attachment to this chapter.
(c)
Developments shall record a minimum ten-foot streetscape easement along both sides of the Highway Access Management Road for the planting of landscaping and outdoor amenity space (benches, gazebos, outdoor eating, outdoor gatherings, public art, fountains, or similar). Amenities within the streetscape easement may contribute toward the outdoor amenity requirement contained in § 102-109.1H(6)(i).
(2)
Residential portions of mixed use development shall be connected
to the nonresidential portion of the development via pedestrian and
bicycle facilities.
(3)
Development shall meet the standards in Article XI, Design Requirements, unless otherwise noted.
(5)
Lighting fixtures shall have a maximum height of 25 feet and
shall be focused downward. Lighting fixtures shall not have a "shoe
box" design but instead shall have a decorative design that is complementary
to a Colonial Williamsburg architectural style.
(6)
Buffers and plantings shall be consistent with the requirements for nonresidential uses at § 102-115. For the purpose of this section's applicability, mixed-use development, including permitted residential buildings, shall be categorized as nonresidential uses.
(a)
Not more than one single-loaded row of vehicle parking shall
be located between a building and a public street.
(b)
Residential uses shall provide off-street parking consistent
with the Residential Site Improvement Standards, N.J.A.C. 5:21.
(c)
Maximum distance between off-street parking space and the unit
served: 200 feet.
(d)
Bicycle parking shall be provided at a rate of not less than
5% of the required parking spaces.
(e)
Sidewalks shall be provided along the Highway Access Management
Road. Sidewalks shall also be provided along all building facades
that include a building entrance. Sidewalks are encouraged to be a
minimum of eight feet wide where located adjacent to retail or restaurant
uses. Sidewalks shall be designed and constructed pursuant to Township
Code as well as the NJ Residential Site Improvement Standards (R.S.I.S.
N.J.A.C. 5:21).
(f)
All sidewalks and crosswalks shall be composed of brick pavers
or decorative stamped concrete.
(g)
Street trees shall be planted along all sidewalks at an interval of not more than 40 feet on center. Plantings shall be consistent with § 102-71A.
(h)
Each building shall have one or more designated pick-up/drop-off
locations within 50 feet of the primary building entrance for the
purpose of package delivery and ride sharing services.
(i)
Nonresidential development, including that which is part of
a mixed use development, shall provide an area equivalent to not less
than 5% of the nonresidential building floor area as outdoor amenity
space available for use by site residents and the general public.
Such outdoor amenity space may include benches, gazebos, outdoor eating
or other gathering space, public art, fountains, or similar.
(j)
Residential development, including that which is part of a mixed
use development, shall provide an area equivalent to not less than
10% of the residential building floor area as indoor and/or outdoor
amenity space available for use by site residents. Such amenity space
may include pools, clubhouses, benches, gazebos, outdoor eating or
other gathering space, public art, fountains, or similar.
(k)
Signs shall be consistent with the standards for shopping centers and office in the B districts, § 102-109H(2), with the exception that the maximum height of a freestanding sign shall be eight feet.
A.
Purpose and administration. The purpose of the C Floodplain
District is to recognize the increased threat, severity and frequency
of floods as a result of development and the accompanying land coverage
by impervious materials. It is intended to retain areas adjacent to
streams and rivers free from structures, improvements and other obstructions
to the water flow during periodic rises in the water level. This district
is intended to provide and protect floodplains so that flood waters
may have a natural course to follow, the watercourse is not constricted,
obstructed or altered in a manner that will increase water velocities
or create a dam, the water level may rise and cover larger land surfaces
for the purposes of greater water percolation and recharging of the
underground water supply, an open space network is developed throughout
the Township along these courses, soil erosion is minimized or prevented
and any type of water pollution is minimized by preventing the placing
or storing of unsanitary or dangerous substances in the floodplain,
including private sewage disposal systems or materials that can float,
are explosive or are toxic to humans, animals, vegetation, fish or
fowl.
B.
Administration. Administration and uses of floodplains shall conform to Chapter 127, Flood Damage Prevention; see also § 102-59. All uses in the floodplain require subdivision or site plan approval. Floodplains shall be subject to conservation, drainage, open space and utility right-of-way easements or landscape easements. If applicable, wetland regulations also apply.
C.
Permitted uses. The following uses shall be permitted:
(1)
Township parks and playgrounds, including municipal
day camps, picnic groves and open spaces and public, Township and
private golf courses.
(2)
Growing and harvesting of crops of a type which minimizes
soil erosion, including but not limited to orchards, nurseries, pastures,
reforestation, woodlands and meadows.
(3)
Sealed public water supply wells.
(4)
Underground utilities, including electric and telephone
lines and water and sewer mains.
(5)
Yard areas for uses permitted in the adjoining zoning
district, provided that the portion in the floodplain is part of the
same lot in the adjoining district and provided further that the lot
is not being formed through cluster zoning development. Floodplains
in any cluster development shall be part of the common open space
deeded to the Township.
(6)
Except as noted in Subsection (7) below, none of the above uses shall permit any associated buildings or structures in the floodplain. In all cases, appropriate measures shall be taken to minimize erosion and to prevent silting of drainageways, ditches and streams.
(7)
Dams, flood-control structures, drainage structures
and roads, driveways and associated structures subject to meeting
all local, county and state requirements.
E.
Building height. Not applicable.
G.
Minimum off-street parking. Any Township use, open
space, park or similar use and activity which will attract people
shall provide sufficient off-street parking (unpaved) so that no vehicle
is parked in or along any public right-of-way.
H.
Minimum off-street loading. Not applicable.
I.
Signs. No signs are permitted in this district except
those required to establish Township rules and regulations regarding
the use of the land, fire permits, littering, hunting and similar
functions.
[Added 4-29-1997]
A.
Purpose. This district has been established in recognition
of the need to provide adequate housing to meet the unique requirements
of senior citizens with respect to design and proximity to open space,
recreation and shopping areas. It is intended that this zone provide
an opportunity for the development of assisted living residential
opportunity. The area included within this zone is proximate to a
major street system, including State Highway Route 34 and Route 537,
along with the commercial uses thereon, while also providing the advantages
of an open, rural residential atmosphere due to the adjacent AG District
zoning. In addition, the following provisions recognize that current
infrastructure limitations require water to be obtained from groundwater
sources and that the Raritan-Magothy Aquifer is the shallowest aquifer
with the capability of serving an assisted living residence permitted
by the terms of this section without potential adverse impact upon
existing wells in the area in and around the B-1A District and that
any such development shall therefore be required to utilize such aquifer
for groundwater requirements.
B.
Permitted principal uses. The following shall be permitted
as principal uses:
(1)
Assisted living residences.
(2)
All principal uses permitted in the AG Agricultural
District Development. Such uses shall be in accordance with the requirements
and standards set forth in these regulations for the AG Agricultural
District, provided for in this chapter, and the schedule of limitations
applicable thereto.
(3)
The
growing, cultivating, farming, manufacturing, distribution, or selling
of medical and/or recreational marijuana, and/or paraphernalia that
facilitates its use, shall be a prohibited principal, accessory or
conditional use.
[Added 8-8-2018 by Ord.
No. 2018-13; amended 4-14-2021 by Ord. No. 2021-6]
C.
Conditional uses. The following shall be permitted
as conditional uses:
(1)
All conditional uses permitted in the AG Agricultural
District. Development of such uses shall be in accordance with the
requirements and standards set forth for conditional uses in the AG
Agricultural District and provided for by this chapter and the schedule
of limitations applicable thereto.
D.
Design standards.
(1)
The design standards applicable in the AG Agricultural
District under this chapter shall apply to any permitted or accessory
or conditional use otherwise allowed in the AG Agricultural District.
(2)
An assisted living residence shall be subject to the
following design standards:
(a)
Any such development shall be required to utilize
the Raritan-Magothy Aquifer as the exclusive source of groundwater
for any water delivery systems to the development, whether potable
or nonpotable.
(b)
Any such development shall include the following:
[1]
Outdoor recreational facilities, such as shuffleboard
Courts, boccie Courts or putting greens;
[2]
Indoor recreational facilities, with a minimum
area of 500 square feet, for activities such as card games, board
games, etc., and for the showing of movies;
[3]
A library with a minimum area of 200 square
feet;
[4]
Congregate dining facilities (the minimum area
shall be 3.33 square feet per person based upon the maximum number
of permitted residents of facility);
[5]
Health care facilities and services, including
but not limited to security facilities, administrative offices and
storage facilities; any such administrative office shall be located
entirely within the principal building and shall only be used to provide
administrative services for the assisted living residence;
[6]
Gift shops/convenience shops with personal hygiene
aids, sundries and reading materials;
[7]
Walking facilities, which shall include landscaped
seating areas at its beginning, midpoint and end;
[8]
Laundry rooms (one for each 30 units; minimum
of one per floor);
[9]
Physical therapy facilities;
[10]
A worship area with a minimum
area of 150 square feet; and
[11]
An indoor exercise area with a
minimum area of 400 square feet.
(3)
Parking requirements. The following parking requirements
shall apply as design standards for an assisted living residence:
(a)
Required parking spaces may be provided by any
combination of enclosed or open spaces, but in no event shall the
parking facilities be more than 150 feet from the building that they
are intended to serve.
(b)
The arrangement and location of internal roads,
garages and parking areas shall be subject to the approval of the
Planning Board and shall be designed to ensure safe and adequate circulation
for senior citizen residents and their guests.
(c)
Curb ramps shall be provided at all street corners
in parking areas and at designated pedestrian crossings.
(d)
Reasonable yard lighting shall be provided to
illuminate the parking areas, walkways, driveways and premises at
night and shall be shielded from all residences.
(4)
Architectural standards. The following architectural
design requirements shall apply as design standards for an assisted
living residence. The architectural design of all buildings devoted
to assisted living residences must be consistent with the ultimate
purpose of achieving independent, self-reliant and pleasant living
arrangements for senior citizens and should take into account the
desires and needs of older persons for privacy and participation in
social and community activities. At the same time, provisions should
be made to accommodate the limitations that sometimes accompany advanced
years so that independent living can be sustained. Such provisions
shall include but not be limited to the following:
(a)
The threshold of rooms shall be flush with the
floor;
(b)
Grab bars shall be provided beside toilets and
in bathtubs or shower stalls;
(c)
Ramps shall be provided leading to all structures;
(d)
Dwelling units and structures containing dwelling
units and support services functions and facilities for the residents
thereof shall be designed and constructed so as to be free of architectural
barriers which should prohibit or limit access to or utilization of
the dwelling units by physically handicapped or disabled individuals;
(e)
The use of stairways shall be minimized; and
(f)
The development shall be restricted to the satisfaction
of the Planning Board to the effect that no unit shall be occupied
by more than two persons. At least 50% of all units shall be restricted
to occupancy by one person.
E.
Accessory uses.
(1)
The following accessory uses shall be permitted in
connection with an assisted living residence as a principal use:
(2)
All support facilities, functions and services shall
be designed and made available only for the use and benefit of resident
users of the assisted living residence and their guests.
(3)
Solar
energy panels mounted at ground level, located in rear or side yards
only and which shall be screened from view from public streets and
neighboring properties by screening planting, fencing or a combination
thereof such as to provide the proper shielding after two growing
seasons. Location and screening requirements do not apply to solar
energy panels mounted flush or nearly flush with building sides or
roofs.
[Added 8-10-2011]
[Amended 7-9-2008; 8-10-2011; 5-14-2014]
A.
Purpose. The purpose of the D Distillery and Bottling Plant District
is to acknowledge existing historic structures and historic land uses.
The standards are intended to require maximum attention to proper
site designing, including the location of structures and parking areas,
proper ingress and egress, developing of an interior street system,
erosion control, architectural design, landscaping and the compatibility
of any proposal with the natural foliage, soils, contours, drainage
patterns and the need to avoid visual intrusions and performance nuisances
upon adjacent residences or residential zones. It is intended that
existing foliage, natural features and existing structures be retained
and enhanced in relation to the site as well as the surrounding area.
B.
Principal permitted uses on the land and in buildings. The following
shall be permitted as principal uses:
(1)
Professional, medical and general office buildings only as a conditional use after application to, review by and approval by the approving authority. See § 102-11.
(2)
Agricultural uses and farm uses, including nurseries and greenhouses.
(3)
Detached single-family dwellings subject to the A-5 Rural Residential District requirements (see § 102-85.1 for requirements).
(4)
Warehousing.
(5)
Distilleries, bottling plants, and microbreweries and associated
manufacturing and processing operations.
(7)
Flex space - defined as a maximum 3,000 square feet of combined warehouse/office space for local contracting businesses such as electricians, plumbers, roofers, etc. — only as a conditional use after application to, review by, and approval by the approving authority. See § 102-11.
(8)
Indoor recreational and training facilities only as a conditional use after application to, review by and approval by the approving authority. See § 102-11.
(9)
Climate-control self storage facilities.
(11)
Building or land used exclusively by federal, state, county
or Township government for public purposes for use in conjunction
with the adjoining county property.
(12)
Public recreational uses, including but not limited to outdoor
sports, swimming pool, playgrounds, parks, ballfields and community
centers.
(13)
The growing, cultivating, farming, manufacturing, distribution, or
selling of medical and/or recreational marijuana, and/or paraphernalia
that facilitates its use, shall be a prohibited principal, accessory
or conditional use.
[Added 8-8-2018 by Ord.
No. 2018-13; amended 4-14-2021 by Ord. No. 2021-6]
C.
Accessory uses. The following shall be permitted as accessory uses:
(1)
Parking, fences and walls.
(2)
Guard houses, employee cafeterias and customary accessory uses.
(3)
Temporary construction trailers and one temporary sign, nonlighted
and not exceeding 30 square feet in area for each of two sides and
not exceeding eight feet in height, advertising the prime contractor,
subcontractor(s), architect, financing institution and similar data
for the period of construction beginning with the issuance of a construction
permit and concluding with the issuance of a certificate of occupancy
or one year, whichever is less, provided that said trailer and sign
are on the site where construction is taking place.
(4)
Limited outdoor storage areas for materials and equipment which are
incidental to the main use of the lot are permitted as accessory uses
to the principal use on the lot. Such storage areas shall be screened
from view of adjacent properties by screening with adequate walls,
fences, landscaping or a combination of these elements, such screening
to be approved as part of the site plan.
(8)
Business offices, research and development and product testing
operations associated with a distillery, bottling plant or microbrewery.
(10)
Solar energy panels mounted at ground level, located in rear
or side yards only, and which shall be screened from view from public
streets and neighboring properties by screening planting, fencing
or a combination thereof such as to provide the proper shielding after
two growing seasons. Location and screening requirements do not apply
to solar energy panels mounted flush or nearly flush with building
sides or roofs.
(11)
Restaurants, tearooms and coffee houses associated with a microbrewery,
in accordance with state and federal law, containing a maximum gross
floor area of 3,000 square feet and 125 seats.
(12)
Public tours of micro brewery facilities between the hours of
9:00 a.m. and 6:00 p.m.
(13)
Cultural center (museum) as an accessory use to a distillery
and bottling plant only. The cultural center shall be limited to displaying
historical, educational and artistic exhibits of the distillery and
bottling plant. The cultural center shall be open to business colleagues
or as educational tours to civic groups and the general public.
D.
Building height. No building shall exceed 35 feet in height, and
it shall have no more than 2 1/2 floor levels above the ground.
E.
Area, yard and site plan requirements.
(1)
Maximum floor area ratio shall be 20%.
(2)
Landscaping, grading and drainage.
(a)
Buffer requirements: 200 feet from Country Route 537, 50 feet
from Laird Road, and 40 feet from surrounding properties.
(b)
All portions of the property not utilized by buildings or paved
surfaces shall be landscaped utilizing combinations such as fencing,
shrubbery, lawn area, ground cover, rock formations, contours, existing
foliage and the planting of conifers and/or deciduous trees native
to the area in order to maintain or reestablish the tone of vegetation
of the area and lessen the visual impact of the paved areas and structures.
(c)
The established grades on any site shall be planned for both
aesthetics and drainage purposes. The grading plan, drainage facilities
and landscaping shall be coordinated to prevent erosion and silting,
as well as to assure that the capacity of any natural or man-made
drainage system is sufficient to handle the water generated and anticipated
both from the site and contribution upstream areas.
(3)
All applications for site plan approval in the D Distillery and Bottling
Plant District shall submit an NJDEP preliminary Phase I environmental
site assessment.
F.
Minimum off-street parking.
(1)
Off-street parking shall be located on the site with the building
it is intended to serve and shall be within 400 feet of the building
it is intended to serve but shall not be located in any buffer zone.
(2)
One space is required for every vehicle owned and/or operated by
the use and operating from the site.
(3)
One space is required for every 200 square feet of gross floor area
or fraction thereof devoted to offices.
(4)
One space is required for every 700 square feet of gross floor area
or fraction thereof devoted to the distillery and bottling plant or
microbrewery and associated processing use.
(5)
One space is required for every 3,000 square feet of gross floor
area or fraction thereof devoted to storage, warehouse, shipping and
receiving.
(6)
One space for every two seats in a restaurant, tearoom or coffee
house.
G.
Minimum off-street loading and unloading areas.
(1)
Off-street loading and unloading shall be located in side and rear
yards only. All loading areas shall be screened from the street by
decorative masonry or brick walls or massed conifers at least five
feet in height and providing an all-season screen.
(2)
Each space shall be located so that any vehicles being loaded or
unloaded or maneuvering into a loading space do not interfere with
any other parking or loading spaces, driveway, aisle, fire lane or
street right-of-way. All loading and unloading shall take place on
the building site.
(3)
There shall be at least one trash and garbage pickup location provided
for each building by either a location within the building or in a
pickup location outside the building which shall be steel-like, totally
enclosed and located in a manner to be obscured from view from parking
areas, streets and adjacent residential uses or zoning districts by
a fence, wall, planting or combination thereof. If located within
the building, the doorway may serve both the loading and trash/garbage
functions. If a container is used for trash/garbage functions and
is located outside the building, it may be located adjacent to or
within the loading space, provided that the container in no way interferes
with or restricts loading and unloading functions.
(4)
One loading space is required for every 10,000 square feet or fraction
thereof of gross floor area for warehousing, indoor storage, shipping
and receiving, plus one space shall be provided for every 20,000 square
feet or fraction thereof of gross floor area for the distillery and
bottling plant or microbrewery and associated processing operations.
H.
Signs. Only signs related to the use on the premises are permitted,
in accordance with the following:
(1)
Directional signs may be permitted as approved on the site plan and
are not considered part of the maximum sign area.
(2)
One externally illuminated freestanding sign may be erected along
a street right-of-way. It must not be more than eight feet high, with
not more than 50 square feet in area for each of two sides, and shall
be set back from the future street right-of-way at least 10 feet.
(3)
One externally illuminated attached sign may be permitted, provided
that the area of the sign does not exceed the equivalent of 5% of
the area of the wall on which it is attached or 180 square feet, whichever
is smaller, and the top of the sign is not higher than the base of
the roof.
I.
Recyclable material storage. For each site plan application, the
applicant shall provide an estimate of the quantity of mandated recyclable
materials (including but not limited to newspaper, glass bottles,
aluminum cans, tin and bimetal cans, high-grade paper and corrugated
cardboard) that will be generated by the development during each week.
A separate storage area must be provided to accommodate a one-week
to four-week accumulation of recyclable material. The approving authority
may require the location of one or more common storage areas at convenient
locations within the development.
[Added 10-25-2000]
A.
Purpose. The purpose of the D-1 Light Industrial District
is to provide for limited light industrial use. The zoning standards
for the district are intended to reflect the characteristics of the
surrounding Naval Ammunition Depot Earle and other historic industrial
uses in the vicinity. The standards are intended to require maximum
attention to proper site design, including the location of structures
and parking areas, proper ingress and egress, development of an interior
street system, erosion control, architectural design, landscaping
and the compatibility of any proposal with the natural foliage, soils,
contours, drainage patterns and the need to avoid visual intrusions
and performance nuisances upon adjacent properties. It is intended
that existing foliage and natural features be retained and enhanced
as much as practicable in relation to the site as well as the surrounding
area.
B.
Principal permitted uses on the land and in the buildings.
The following shall be permitted as principal uses:
(1)
Offices and office buildings.
(2)
Experimental, testing and research establishments.
(3)
Agricultural and farm uses, including nurseries
and greenhouses, which do not sell at retail from the premises.
(4)
Fabricating, processing, warehousing and trucking
operations.
(8)
The growing, cultivating, farming, manufacturing, distribution, or
selling of medical and/or recreational marijuana, and/or paraphernalia
that facilitates its use, shall be a prohibited principal, accessory
or conditional use.
[Added 8-8-2018 by Ord.
No. 2018-13; amended 4-14-2021 by Ord. No. 2021-6]
D.
Building height. No building shall exceed 40 feet
in height and shall have no more than three floor levels above the
ground, except that an electric generating facility may have a maximum
height of 75 feet to accommodate an exhaust stack, related inlet filter
structures and lattice structures for transmission lines consistent
with sound engineering and environmental design.
E.
Noise standards. The local noise standard that shall
govern in the D-1 Light Industrial District requires all uses to comply
with the Noise Control Act of 1971, N.J.S.A. 13:1G-1 et seq., and
the Noise Control Rules adopted by the Department of Environmental
Protection.
F.
Design and development standards. Except as provided in Subsection D above, all design and development standards applicable in the D Distillery and Bottling Plant District shall also apply in the D-1 Light Industrial District, including but not limited to area, yard and site plan requirements; minimum off-street parking; minimum off-street loading and unloading areas; signs; and recyclable materials storage. See § 102-112E, F, G, H, and I.
[Amended 5-14-2014]
A.
Purpose. The purpose of the MP Municipal Purpose District
is to provide for a zone district which shall allow for various municipal
buildings, facilities and uses and communication services.
B.
Permitted uses. The following uses shall be permitted
in the MP Municipal Purpose District:
(1)
Municipal offices, buildings, facilities or uses.
(2)
Communications antennas including, cellular mobile
antennas, together with transmitters, cable and other equipment or
fixtures incidental thereto and structures for the shelter of such
equipment and fixtures and the operation of such antennas.
[Amended 4-29-1997; 8-13-1997; 4-14-1999; 10-25-2000; 5-14-2014; 4-26-2017]
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Schedule of Limitations: Nonresidential
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|---|---|---|---|---|---|---|---|---|
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District
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Type
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B-1
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B-2
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B-1A7
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B-3
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C
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D
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D-1
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Minimum lot area
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40,000 sq. ft.
|
45,000 sq. ft.
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10 acres
|
14,500
sq. ft.
|
1
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10 acres
|
10 acres
| |
|
Maximum lot area
|
13 acres
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|
Minimum lot frontage
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200 ft.
|
200 ft.
|
75 ft.
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1
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500 ft.
|
500 ft.
| ||
|
Minimum lot width
|
200 ft.
|
200 ft.
|
300 ft.
|
75 ft.
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1
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500 ft.
|
500 ft.
| |
|
Minimum lot depth
|
200 ft.
|
200 ft.
|
300 ft.
|
175 ft.
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1
|
500 ft.
|
500 ft.
| |
|
Principal buildings/structures (See Note 4)
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|
Front yard
|
75 ft.2
|
75 ft.2
|
100 ft.
|
75 ft.2
|
1
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100 ft.2
|
100 ft.2
| |
|
Each side yard
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20 ft.2
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20 ft.2
|
50 ft.6
|
20 ft.2
|
1
|
75 ft.2
|
75 ft.2
| |
|
Rear yard
|
25 ft.2
|
25 ft.2
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75 ft.
|
25 ft.2
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1
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75 ft.2
|
75 ft.2
| |
|
Accessory buildings/structures (see other specific requirements in § 102-48)
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|
Front yard
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100 ft.2,3
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100 ft.2,3
|
100 ft.2,3
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1
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100 ft.2,3
|
100 ft.2,3
| ||
|
Each side yard
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20 ft.2,3
|
20 ft.2,3
|
20 ft.2,3
|
1
|
50 ft.2,3
|
50 ft.2,3
| ||
|
Rear yard
|
25 ft.2,3
|
25 ft.2,3
|
25 ft.2,3
|
1
|
50 ft.2,3
|
50 ft.2,3
| ||
|
To another building
|
20 ft.2,3
|
20 ft.2,3
|
20 ft.2,3
|
1
|
20 ft.2,3
|
20 ft.2,3
| ||
|
Maximum building coverage
| ||||||||
|
Principal buildings
|
15%4
|
15%4
|
15%4
|
1
|
20%4
|
20%4
| ||
|
Accessory buildings
|
5%4
|
-0-
|
5%4
|
1
|
5%4
|
5%4
| ||
|
Maximum lot coverage (see definition)
|
50%5
|
50%
|
40%8
|
50%
|
1
|
60%
|
50%
| |
|
Standard on-site development
|
50%
|
40%
| ||||||
|
Additional coverage allowed on the lot being
developed as a result of development being transferred from a noncontiguous
lot (see Note 4)
|
65%
|
55%
| ||||||
|
Maximum lot coverage (for planned unit developments
in accordance with N.J.S.A. 40:55D-6) Principal buildings
|
15%4
| |||||||
|
Accessory buildings
|
5%4
| |||||||
|
Maximum floor area ratio
|
0.154
|
0.224
|
0.154
|
0.154
|
1
|
0.204
|
0.154
| |
|
Maximum density
|
11 units per acre4
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Minimum off-street parking
|
0.5 spaces per unit
| |||||||
|
Maximum distance of property from county or
state highway
|
1,000 ft.
| |||||||
|
Minimum building area devoted to common amenities
and recreational use
|
35%
|
35%
| ||||||
|
Maximum building height
| ||||||||
|
Number of stories
|
2.5
|
2.5
|
2.0
|
2.5
|
1
|
2.5
|
2.5
| |
|
Height
|
35 ft.
|
35 ft.
|
35 ft.
|
35 ft.
|
1
|
35 ft.
|
35 ft.13
| |
|
NOTES:
General notes applicable to all categories:
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|---|
|
aWhere two or more
requirements apply to a situation, the more stringent requirement
shall apply.
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|
bUnless specifically
stated otherwise in this chapter, the following may be located in
the yard areas required for principal buildings: parking and loading
areas with related aisles and driveways; fences and walls not exceeding
six feet in height; mailboxes, signs, lampposts, flagpoles, wells,
septic systems and similar structures. In addition, the following
parts of a principal building may extend into the required yard areas
up to a maximum of two feet: chimneys, bay windows, eaves, gutters
and downspouts.
|
|
cA minimum of 75%
of the minimum required lot area or a minimum of 1.5 acres (i.e.,
66,000 square feet), whichever is smaller, in all zones must be free
of wetlands and associated buffer areas; floodplains; conservation,
open space, drainage and right-of-way easements; and landscaping easements.
|
|
Specific notes applicable where indicated:
1Floodplain District;
only yards and open spaces permitted, no buildings.
|
|
2See the various
definitions of yards for taking proper measurements. The minimum yards
shall also be applied to measuring distances between buildings on
the interior of the site. The minimum distance between buildings shall
be the sum of the yards required for each building. For example, if
the sides of two buildings face each other, each building having a
side yard requirement of 20 feet, a distance of 40 feet is required
between them. Where a nonresidential use is proposed to have multiple
occupants on one lot, such as, but not limited to, stores or offices
in a business use, the design may permit the subdivision of lots along
common wall(s) resulting in zero setback along those walls, provided
that the overall tract maintains the minimum lot size and the setbacks
around the perimeter of the entire tract are met as required by this
chapter.
|
|
3The minimum distance
between two accessory buildings shall be the larger of 20 feet or
two times the building height of the tallest building in the nonresidential
districts.
|
|
4Where a property
in the B-1 or the B-1A District is subdivided as a result of providing
the new public street system identified in the Route 34 Highway Access
Management Plan, as amended, the developer may develop each of the
separate lots in accordance with the standards set forth in this Schedule,
or the developer may take the floor area and/or density generated
from the entire original tract and locate it on one of the new lots.
In order for the total floor area and/or density generated by the
entire original tract to be located on a portion of the original tract,
the principal building coverage and accessory building coverage is
permitted to be increased 50% above what is shown in the Schedule
above. The maximum floor area ratio and maximum density on the portion
being developed is permitted to be increased no more than 100% above
what is shown on the Schedule above, except that in no event shall
the total floor area and/or number of units exceed the total permitted
on the original tract. The condition for allowing this transfer of
development among noncontiguous properties shall be that the sending
property (the lot that is not to be developed) must be deed restricted
to open space and must be planted with a mixture of deciduous and
evergreen trees in a manner and intensity that, together with any
existing trees and other vegetation, will create a wooded condition
upon maturity of the trees. Where on-site wells and sewage treatment
facilities or floodplains, wetlands, steep slope restrictions or other
legal restrictions which prevent the development of a portion of the
lot do not allow the amount of floor area permitted under these zoning
regulations, it is intended that the maximum floor area will be that
which the well and sewage treatment facilities or restrictions aforesaid
can accommodate.
|
|
5A shopping center
with a lot area of at least five acres may increase lot coverage to
60%, provided that at least half the increase above 50% lot coverage
is devoted to site amenities, such as walkways exceeding 12 feet in
width constructed of decorative brick or similar decorative material;
the addition of designated areas with fountains, statues or other
forms of artwork; areas separate from required pedestrianways, where
there are nonretail seating arrangements; or some other aesthetic
addition to the site plan acceptable to the approving authority.
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|
6The total width
of side yards in the B-1A District shall not be less than 150 feet.
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|
7Applicable to the
development of assisted living residences in the B-1A District.
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|
8Building and all
impervious surfaces.
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|
9Electric generating
facilities will be allowed to have a height of 75 feet to accommodate
an exhaust stack, related inlet filter structures and lattice structures
for transmission lines consistent with sound engineering and environmental
design.
|
[Amended 5-14-2014; 10-11-2017]
Landscape buffers are required along all lot lines where nonresidential uses or zone boundaries abut residential uses or zone boundaries except as noted in Subsection E below. Buffer requirements for the mixed housing district are covered in § 102-85. Buffer areas shall comply with the following standards:
A.
The buffer area shall be located on the lot which requires it. The
minimum buffer width provided shall be 50 feet.
B.
Buffer areas shall be maintained and kept clean of
all debris, rubbish, weeds and tall grass by the owner or his or her
agents.
C.
No structure, activity, storage of material or parking of vehicles
shall be permitted in the buffer area.
D.
The buffer area shall be planted and maintained with grass or ground
cover, massed evergreens and deciduous trees and shrubs of such species
and size as will produce, within two growing seasons, a screen at
least six feet in height and of such density as will obscure, throughout
the full course of the year, all of the glare of automobile headlights
emitted from the premises. Planting in all required buffer areas shall
consist of two staggered rows of evergreen trees planted 15 feet apart
and each row planted 15 feet on center. The buffer shall also be supplemented
with groupings of additional plantings of a rate of one tree and two
shrubs for every 100 linear feet of buffer area.
(1)
Screen planting shall be maintained permanently by
the owner or his or her agents, and any plant material which does
not live shall be replaced within six months.
(2)
The screen planting shall be so placed that at maturity
it will be not closer than three feet to any street or property line.
(3)
A clear sight triangle shall be maintained at all
street intersections and at all points where private accessways intersect
public streets. Private accessways shall maintain a sight triangle
by having no planting, grading, dirt or structures higher than 2 1/2
feet above the street center line located within the sight triangle.
(4)
The screen planting shall be broken only at points
of vehicular and pedestrian ingress and egress.
(5)
This landscaping is in addition to any other landscaping
required in this chapter. Landscaping plans shall be drawn, signed
and sealed by a licensed landscape architect and/or engineer.
E.
No screen planting shall be required along streets
which form district boundary lines, provided that only the front of
any proposed building shall be visible from the adjacent residential
districts.
[1]
Editor's Note: Former § 102-116,
Private helistops, was repealed 9-29-1999.
All parking, loading and unloading areas and
walkways thereto and appurtenant passageways and driveways serving
commercial, public office, industrial or other similar uses having
off-street parking and loading areas and building complexes required
area lighting shall be illuminated adequately during the hours between
sunset and sunrise when the use is in operation. The lighting plan
in and around the parking areas shall provide for nonglare, color-corrected
lights, focused downward. The light intensity provided at ground level
shall be a minimum 0.3 footcandle anywhere in the areas to be illuminated,
shall average a minimum of 0.5 footcandle over the entire area and
shall be provided by fixtures with a maximum mounting height of 25
feet measured from the ground level to the center line of the light
source or the height of the building, if attached, whichever is lower,
and spacing not to exceed five times the mounting height. Except for
low-intensity sign and exterior building surface decorative lighting,
for each fixture, the total quantity of light, in lumens, radiated
above a horizontal plane passing through the light source shall not
exceed 2 1/2% of the total quantity of light, in lumens, emitted from
the light source. Any other outdoor lighting, such as building and
sidewalk illumination and driveways with ornamental light, shall be
shown on the lighting plan in sufficient detail to allow determination
of the effects to adjacent properties, traffic safety and overhead
sky glow. The objective of these specifications is to minimize undesirable
off-premises effects. No light shall shine directly into windows of
off-site buildings or onto streets and driveways in such manner as
to interfere with or distract driver vision. To achieve these requirements,
the intensity of such light sources, light shielding and similar characteristics
shall be subject to site plan approval. No lighting shall be pulsating
or moving or shall give the illusion of movement.
A.
Lot dimensions and area shall not be less than the
requirements of the zoning provisions of this chapter.
B.
Insofar as is practical, side lot lines shall not
deviate more than 10º from either the right angle of a straight
street or the radial of a curved street.
C.
Each lot must front upon an approved public street
having a right-of-way at least 50 feet in width.
D.
Where extra width has been dedicated for widening
of existing streets, lots shall begin at such new street right-of-way
line, and all setbacks shall be measured from such line. Where extra
width has not been dedicated for street widening purposes
and the additional width is required to meet this chapter, the adopted
Township Master Plan, county design standards or the adopted Route
34, Colts Neck, Highway Access Management Plan, as amended, said future
right-of-way shall be shown on the subdivision or site plan as "reserved
for future road purposes," even though not dedicated, and such future
right-of-way line shall be used for measuring all lot area and setback
requirements.
[Amended 8-13-1997; 4-26-2017]
E.
Where there is a question as to the suitability of
a lot or lots for their intended use, due to factors such as poor
drainage conditions, inadequate buildable area, adverse topographical
conditions, wetlands or flood conditions, where permeability and/or
similar tests or test borings show the ground conditions to be inadequate
for proper sewage disposal for on-lot sewage treatment or similar
circumstances, the approving authority may, after adequate investigation,
withhold approval of such lots. If approval is withheld, the approving
authority shall give the reasons and nature of the investigation made,
notify the applicant and enter the same in the minutes.
F.
Corner lots. Structures located on a corner lot shall
be set back from both streets the required front yard distance, but
in no case less than that required for the clear line of sight. The
following methodology shall be used to determine side and rear setback
lines for corner lots:
[Amended 5-25-2005]
(1)
Lot lines of corner lots that are coexistent with
side lines of abutting lots shall be considered side lines.
(2)
Lot lines of corner lots that are coexistent with
rear lines of abutting lots shall be considered rear lines.
(3)
Lot lines of corner lots that are coexistent with
lot lines of adjoining corner lots shall be considered side lines.
G.
Contiguous undersized lot(s) under one ownership are
considered one lot.
A.
Landscaping
[Amended 10-11-2017]
(1)
For lots in residential zones containing other than a single-family
dwelling use, all-season screen planting of a dense evergreen material
not less than six feet in height shall be provided between off-street
parking areas and any lot line or street line; such planting shall
be located within 15 feet of the edge of the parking areas. In lieu
of screen planting, a fence of woven lattice, wooded louver-type of
split cedar fence with a maximum of 3/4 inch spacing or any combination
of plantings and fences may be provided and shall be not less than
six feet in height, maintained in good condition and without advertising.
All fences shall be landscaped.
(2)
A minimum of 5% of the interior of any parking area over 5,000 square
feet shall be landscaped within the parking area, with shrubs no higher
than four feet when fully grown and/or with trees with lower branches
removed so as not to cause traffic hazards. This landscaped area shall
consist of at a minimum one tree and four shrubs per 10 parking stalls.
This landscaping is in addition to the trees and shrubs required separating
every 10 parking spaces, as well as the landscaping at the end of
parking rows and along the perimeter of parking areas and access aisles.
In rows of parking spaces, an area equal to at least one parking space
out of every 10 parking spaces or an alternate arrangement providing
equal landscaped area which the Planning Board determines meets the
intent of this provision shall be provided and shall consist of at
least one tree and four shrubs per landscaped area. This landscaping
is in addition to any other landscaping requirement of this chapter
but may be included in the 5% parking area landscape calculation.
(3)
All planting and landscaping plats must be drawn, signed and sealed
by a licensed landscape architect and/or engineer. Required planting
and landscaping on private property shall not be considered to have
been provided unless it is maintained in good condition by the owner.
(4)
All parking areas shall contain a landscape area equivalent
to at least one parking space at the end of each row of parking. Each
landscape area shall contain at least one tree and four shrubs.
(5)
The outer perimeter of all parking lots and access aisles shall be planted with shade trees planted 50 feet on center and meeting the requirements of § 102-71.
(6)
All parking areas shall reserve sufficient areas clear of landscaping
for the stockpiling of snow which shall be designated on all site
plan applications.
B.
Lighting. Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and streets. See § 102-117.
C.
Surfacing and curbing.
(1)
Surfacing.
(a)
Unless specifically stated elsewhere in this
chapter, any parking lot and access drive shall be paved as outlined
below or the equivalent as determined by the Township Engineer. All
parking areas, regardless of size and location, shall be suitably
drained and maintained. Areas of ingress or egress, loading and unloading
areas, major interior driveways or access aisles and other areas likely
to experience similar heavy traffic shall be paved with four inches
of compacted bituminous stabilized base course, Mix I-2. The material
shall be prepared in accordance with Sections 903 and 904 and shall
be constructed in accordance with Section 304 of the New Jersey Highway
Department Standard Specifications for Roads and Bridge Construction/1989
and amendments thereto.
(b)
A two-inch-thick compacted wearing surface of
bituminous concrete, Mix I-5, shall be constructed thereon. The materials
provided shall be in accordance with Sections 903 and 904 and shall
be constructed in accordance with Section 404 of the aforesaid New
Jersey State Highway Department Specifications and amendments thereto.
(c)
Parking stall areas and other areas likely to experience similar light traffic shall be paved with three inches of compacted bituminous stabilized base course, Mix I-2, prepared and constructed in accordance with sections of the New Jersey Highway Department Standard Specifications cited in Subsection C(1)(a) above. A one-and-one-half-inch compacted wearing surface of the bituminous concrete, Mix I-5, shall be constructed thereon in accordance with the section of the New Jersey Highway Department Specifications cited within Subsection C(1)(b) above.
(d)
Where subbase conditions of a proposed parking
area are wet, springy or of such a nature that surfacing would be
inadvisable without first treating the subbase, the treatment of the
subbase shall be made in the following manner. The areas shall be
excavated to a depth of six inches to 12 inches below the proposed
finished grade and filled with suitable subbase material as determined
by the Township Engineer. Where required by the Township Engineer,
a system of porous concrete pipe or equivalent subsurface drains shall
be constructed beneath the surface of the parking area and connected
to a suitable drain. After the subbase material has been properly
placed and compacted, the parking area surfacing material as described
heretofore shall be spread thereon.
(2)
Curbing.
(a)
All off-street, bituminous concrete surface
parking lots shall be provided with curbing or the equivalent, so
that vehicles cannot be driven onto required landscaped areas, buffer
zones and street rights-of-way and so that each parking lot has controlled
entrances and exits and drainage control.
(b)
Curbing or wheel stops shall be located to prevent
any part of the vehicle from overhanging the street right-of-way,
required landscaped areas, property lines or internal sidewalks. Parking
spaces shall not be an extension of any street right-of-way.
(3)
All off-street parking lots shall have adequate designations
to indicate traffic flow and parking spaces.
D.
Access. Except for single-family dwellings, access
points from any one lot crossing the street line shall be limited
to the more restrictive provision of either the Route 34, Colts Neck,
Highway Access Management Plan, as amended, for developments located
in the area included in that Plan or the following: a maximum of two
means of ingress and two means of egress along the frontage of any
single street, and the center lines of any separate access points
shall be placed at least 65 feet apart; shall handle no more than
two lanes of traffic; shall be at least 150 feet from the street line
of any intersecting street; and shall be at least 40 feet from any
property line. For all uses, continuous open driveways in excess of
16 feet at the street line shall be prohibited, except that for nonresidential
uses where driveways of more than 16 feet may be permitted with the
approval of the approving authority after giving due consideration
to the proposed width, curbing, direction of traffic flow, radii of
curves and traffic lane dividers. For all uses, curbing shall be either
depressed at the driveway or have the curbing rounded at the corners
and the driveway connected with the street in the same manner as another
street.
[Amended 8-13-1997; 4-26-2017]
E.
Location, provision and maintenance of parking areas.
(1)
Parking spaces shall be provided and maintained as
long as the buildings and premises are used for the purposes indicated,
and they may not be considered as provided unless reasonable precautions
are taken to assure their use only by persons residing or employed
in or visiting the building or premises for which they are provided
and unless the parking surface is kept clean, free of grass and weeds,
in good repair and associated landscaping is kept living, free of
tall grass and weeds and in good health. Required off-street parking
spaces shall be on the same lot or premises with the use served, regardless
of the number of spaces required by this chapter. Off-street parking
may occupy front, side and rear yard areas subject to site plan approval
but shall be no closer than 25 feet to any street line or 10 feet
to any other lot line.
[Amended 5-25-2005]
(2)
For nonresidential uses, no parking of vehicles shall
be permitted in fire lanes, driveways, aisles or turning areas and
street rights-of-way. Nothing shall prohibit driveways for one-family
dwellings from being considered one off-street parking space if all
ordinance requirements are met.
F.
Type of facility. Parking spaces for nonresidential
facilities shall be paved and on the surface of the ground. Underground
or multistory parking garages are prohibited.
G.
Number of spaces, access and parking space dimensions.
The provision of the parking spaces required for each use shall be
held to be the minimum number of spaces required and the owner shall
provide the necessary additional spaces, should experience indicate
that the spaces provided are inadequate. All parking spaces shall
include adequate driveway and necessary turning areas for handling
emergency vehicles and all vehicles reasonably expected to utilize
the area. Parking areas shall be designed to permit each motor vehicle
to proceed to and from the parking space provided for it without requiring
the moving of any other motor vehicle. Aisles providing access to
parking spaces shall have the following minimum dimensions. Where
the angle of parking is different on both sides of the aisle, the
larger aisle width shall prevail.
|
For Parking Spaces Nine Feet Wide
|
For Parking Spaces Ten Feet Wide
| ||||
|---|---|---|---|---|---|
|
|
Angle of Parking
(degrees)
|
One-Way Aisle
(feet)
|
Two-Way Aisle
(feet)
|
One-Way Aisle
(feet)
|
Two-Way Aisle
(feet)
|
|
90
|
25
|
25
|
22
|
25
| |
|
60
|
20
|
22
|
18
|
20
| |
|
45
|
18
|
20
|
15
|
20
| |
|
30
|
15
|
18
|
12
|
18
| |
|
Parallel
|
12
|
18
|
12
|
18
| |
I.
Stockpiling of snow. All parking lots shall be designed
with consideration given to areas which can accommodate the stockpiling
of snow.
A.
Electricity. Electric or electronic equipment shall
be shielded so there is no interference with any radio or television
reception at the lot line or beyond as the result of the operation
of such equipment.
B.
Glare. No use shall produce a strong dazzling light
or a reflection of a strong dazzling light or glare beyond its lot
lines. Exterior lighting shall be shielded, buffered and directed
so that glare will not become a nuisance to adjoining properties,
adjoining districts or streets.
C.
Heat. No use shall produce heat perceptible beyond
its lot lines. Further, no process shall be permitted which would
cause the temperature to rise or fall in any part of ponds, steams
or other watercourses without approval from the approving authority.
D.
Noise.
(1)
Noise limits; measurement.
(a)
At no point on the boundary or outside the property
from where the noise source emanates shall the sound level of any
operation (other than the operation of motor vehicles or other transportation
facilities on public highways, short-term operations involved in the
construction or demolition of structures, emergency alarm signals
or time signals) exceed the decibel levels in the designated octave
bands as stated below.
(b)
The sound-pressure level shall be measured with
a sound-level meter meeting the specifications of S1.4-1971 and an
octave band filter set meeting the specifications of S1.11-1966, both
specifications of the American National Standard Institute, New York,
New York, as amended.
(c)
If the noise will be incapable of being measured
with the sound-level meter and octave band analyzer, then the noise
shall be measured by substituting an impact noise analyzer (General
Radio Company, Type 1556 A-1955, or equivalent) for the octave band
analyzer to determine the peak value of the impact.
(2)
In cases where there is serious question whether a
noise will be of nuisance outside the property lines containing it
and if the noise is incapable of being measured with an impact analyzer,
then the noise-producing activity shall not be permitted. If the noise
source is already in existence, the noise shall be controlled to eliminate
the nuisance.
(3)
The maximum permissible sound-pressure levels for
smooth and continuous noise shall be as follows (all of the decibel
levels stated below shall apply in each case) between the hours of
7:30 p.m. and 7:30 a.m. (Source: Public Health News, New Jersey Department
of Health, November 1963.)
|
Octave Frequency Band
(cycles per sound)
|
Maximum Permitted Sound-Pressure Level
(at the property line or along any public right-of-way within the
property)
(decibels)
| |
|---|---|---|
|
0 to 75
|
69
| |
|
75 to 150
|
54
| |
|
150 to 300
|
47
| |
|
300 to 600
|
41
| |
|
600 to 1200
|
37
| |
|
1200 to 2400
|
34
| |
|
2400 to 4800
|
31
| |
|
Above 4800
|
28
| |
|
NOTE: Reference 0.0002 dynes per square centimeter.
| ||
(4)
If the noise is not smooth and continuous or it is
not radiated at nighttime, one or more of the corrections below shall
be added or subtracted from each of the decibel levels given above
to determine the maximum allowed.
|
Type of Operation or Character of Noise
|
Correction
(decibels)
| |
|---|---|---|
|
Daytime operation only, 7:30 a.m. to 10:00 p.m.
|
+5
| |
|
Noise occurs less than 20% of any one-hour period
|
+5*
| |
|
Noise occurs less than 5% of any one-hour period
|
+10*
| |
|
Noise occurs less than 1% of any one-hour period
|
+20*
| |
|
Noise is of peculiar character (hum, scream,
etc.) or is of impulsive character (hammering, pressure release, etc.).
In the case of impulsive noise, the correction shall apply only to
the average pressure during an impulse, and impulse peaks shall not
exceed the basic standards given above)
|
-5
| |
|
*NOTE: Apply only one of these corrections per
site.
| ||
E.
Odor. Odors shall not be discernible at the lot line
or beyond.
F.
Storage and waste disposal.
(1)
No highly flammable or explosive liquids, solids or
gases shall be stored in bulk above ground except tanks or drums of
fuel directly connecting with energy or heating devices or to appliances
located and operated on the same lot upon which the tanks or drums
of fuel are located.
(2)
All storage facilities shall be enclosed in a building.
(3)
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, watercourse or underground aquifer or otherwise render such
stream, watercourse or underground aquifer undesirable as a source
of water supply or recreation or which will destroy aquatic life be
allowed to enter any stream, watercourse or underground aquifer.
(4)
All materials or wastes, except animal waste, which
might cause fumes or dust or which constitute a fire or explosion
hazard or which may be edible or otherwise attractive to rodents or
insects shall be stored indoors and enclosed in appropriate containers
adequate to eliminate such hazards. Animal waste may be stored out
of doors if appropriate measures are taken to prevent health hazards
and water contamination.
(5)
No toxic waste shall be stored on site without approval
of the approving authority or the Township Committee.
G.
Vibrations. No use shall cause earth vibrations or
concussions in excess of the standards outlined below, with the exception
of that vibration produced as a result of short-term construction
activity. The standards below are as set forth in the table of frequency
amplitude relations. Vibrations shall be expressed as displacement
in inches and shall be measured with a standard three-component measuring
system, which is a device for recording the intensity of any vibration
in three mutually perpendicular directions.
|
Frequency of Ground Motion
(cycles per second)
|
Maximum Amplitude of Ground Motion
(inches, not more than)
| |
|
Up to 10
|
.0305
| |
|
10 to 20
|
.0153
| |
|
20 to 30
|
.0102
| |
|
30 to 40
|
.0076
| |
|
40 to 50
|
.0061
| |
|
50 to 60
|
.0051
|
A.
No service station or public garage shall have an
entrance or exit for vehicles within 200 feet of an entrance or exit,
along the same side of a street or across the street, from any firehouse,
public or private school, park, playground, church, hospital, public
building or institution, except where such property is in another
block or abuts another street which the lot in question does not abut.
No service station or public garage shall be within 2,500 feet of
another service station or public garage, measured the shortest distance
from property line to property line along street rights-of-way and,
where measurements cross street rights-of-way, perpendicular to the
street right-of-way. Driveways, aprons, parking areas and other portions
of the site traveled by motor vehicles shall be located and paved
in accordance with the off-street parking provisions of this chapter.
Access to service stations shall be in conformance with the Route
34, Colts Neck, Highway Access Management Plan.
[Amended 8-13-1997]
B.
All appliances, pits, storage areas, trash facilities
and accessory items displayed, other than gasoline filling pumps or
air pumps, shall be within a building. Gasoline filling pumps and
air pumps shall be permitted within the required front yard space
of service stations but shall be no closer than 50 feet to any future
street line. All repair work shall be performed in a fully enclosed
building, and no dismantled parts shall be displayed outside of an
enclosed building.
C.
No junked motor vehicle or part thereof or not more
than four motor vehicles incapable of normal operation upon the highways
shall be permitted on the premises of any service stations or public
garage not within a closed and roofed building; except, however, that
an additional number, not exceeding six motor vehicles, may be located
upon any service station or public garage premises outside of a closed
or roofed building for a period of time not to exceed seven days,
provided that said motor vehicles are awaiting repair by the owners
thereof.
[1]
Editor's Note: Former § 102-121, Service stations
and public garages, was repealed 2-8-2023 by Ord. No. 2023-3.
A.
Upon the approval and issuance of a temporary sidewalk
sales permit by the Township Administrator, any store may conduct
a sidewalk sale with merchandise displayed outdoors or in a tent for
a maximum period of three days and shall be limited to a maximum of
two occurrences per calendar year. All merchandise displayed shall
be from one or more of the stores involved in the sidewalk sale.
B.
Additional temporary signs shall be limited to two signs, with a combined maximum total area of 32 square feet, and may be displayed in addition to other signs allowed by ordinance. This temporary sign may be displayed for a maximum of one week prior to and during the sale. All other sign regulations of this chapter shall apply (see § 102-109H).
C.
An applicant for a temporary sidewalk sales permit
shall provide the Township Administrator with a statement of the name
and address of the applicant, a sketch drawn to scale showing the
location and size of the sales area(s) involved, a description of
arrangements for parking, a description of the activities planned
and of the inventory which will be the subject of the sale and the
facilities to be employed in connection with the sale.
D.
An application for such permit shall be accompanied
by a fee of $15. No fee shall be payable for a permit to be issued
for a second sidewalk sale on the same premises in any calendar year.
E.
The Township Administrator shall consult with the
Chief of Police to determine if the proposed sale can be conducted
without causing safety problems and may require the applicant to provide
personnel to direct traffic. The Township Administrator shall also
consult with the Health Officer concerning public health considerations.
If the Township Administrator finds that no health, public safety
or public nuisance is likely to be created and will not disrupt normal
activities in the area, he or she may issue the required permits.
A.
All signs, except temporary real estate signs, require
approval by the approving authority, unless specifically stated otherwise
herein. Modification or relocation of existing signs require reapproval.
[Amended 10-14-2020 by Ord. No. 2020-18]
B.
Outdoor signs. Except for seasonal decorations, as covered in Subsection C herein, billboards, balloons or air- or gas-filled object or sign pictures of products or services or other structures for advertising or display purposes shall not be erected or utilized in any zone except as specifically allowed in this chapter. No sign of any type shall be permitted to obstruct driving vision, traffic signals or traffic direction and identification signs. Signs shall be directly related to the business being conducted on the premises.
(1)
Animated flashing and illusionary façade or
freestanding signs and balloons or gas- or air-filled objects or sign
pictures of product or services. Signs using mechanical, electrical
and/or other means or devices to display flashing, movement or the
illusion of movement are prohibited. Balloons or air- or gas-filled
object or sign pictures of products or services or similar objects
or other physical objects used for advertising or display purposes,
with or without lettering, shall meet all sign requirements herein
and shall not be utilized at a height above ground level exceeding
the sign height requirements herein.
[Amended 10-14-2020 by Ord. No. 2020-18]
(2)
Height. No freestanding or attached sign shall exceed
the maximum height provided in the zoning district. In any event,
no sign shall exceed any lesser height if specified elsewhere in this
chapter and shall not be mounted the roof of the building if it is
attached to a building.
[Amended 10-14-2020 by Ord. No. 2020-18]
(3)
Illuminated façade and freestanding signs,
where permitted, may be externally illuminated and so arranged as
to reflect the light and glare away from adjoining premises in any
residential zoning district and away from adjoining streets. All signs
may be externally illuminated, with said lights a maximum distance
of six feet from the sign and of such design as to minimize sky glare.
The base of the lights shall be screened by landscaping or other method
approved by the approving authority.
[Amended 7-9-2008; 10-14-2020 by Ord. No. 2020-18]
(4)
Maintenance. Signs must be constructed of durable
materials, maintained in good condition and not allowed to become
dilapidated.
(5)
Real estate signs temporarily advertising the sale,
rental or lease of the premises or portion thereof shall be, if not
attached to the building, set back at least 10 feet horizontally from
the street curbline or edge of pavement. There shall be no more than
one sign per property, except that corner lots shall be entitled to
two signs per each such lot. Such signs shall not exceed four square
feet on each side and shall not be more than four feet high and shall
be removed at the expense of the advertiser within 15 days after the
termination or completion of the matter of business being advertised.
All such signs do not need a sign permit or site plan approval.
[Amended 10-14-2020 by Ord. No. 2020-18]
(6)
Sign area shall be measured around the outside edges
of a framed or enclosed sign or by the area utilized by isolated words
and/or symbols, including the background, whether open or enclosed,
but said area shall not include any supporting framework and bracing
incidental to the display itself. Freestanding signs may carry advertising
or displays on a maximum of two sides.
(7)
Farm signs identifying the name of the farm shall
not exceed 12 square feet on each side, shall not exceed eight feet
in height, may be externally illuminated and shall be located no closer
to the street than the future street right-of-way line.
[Amended 7-9-2008]
(9)
Signs advertising a new major subdivision. For the
purposes of this section, a sign shall not be constructed of masonary,
brick, concrete, stone or other similar materials nor shall it give
the appearance of being a wall, fence or similar barrier. A new major
subdivision or site may have a maximum of two temporary signs, with
a combined maximum of 32 square feet of sign area total per development.
The sign shall not exceed a height of eight feet and shall not be
illuminated. Sign approval must be obtained as part of the subdivision
or site plan approval or as a freestanding sign not included in a
subdivision or site plan approval. The approval shall limit the sign
life to the period that the development is covered by a performance
bond. The Planning Board may extend this interval for good cause.
No sign shall be erected until preliminary Planning Board approval
thereof. Such signs shall be kept in good repair and shall be located
on the site where construction is taking place.
[Amended 8-30-2000]
C.
Outdoor seasonal decorations. The display of seasonal
decorations is exempt from sign requirements but shall meet the following
requirements:
[Amended 10-14-2020 by Ord. No. 2020-18]
(1)
Seasonal decorations, exempt from sign ordinance requirements,
are permitted for holidays which customarily involve large scale commercial
seasonal theme decorations:
(2)
Height. Maximum height shall be 35 feet. This includes gas-filled
balloons and other types of airborne displays.
(3)
Seasonal decorations display period shall not exceed 31 days.
D.
Indoor signs. One internally illuminated or neon type sign (nonblinking,
nonflashing or nonscrolling) containing a maximum of three square
feet is allowed in a window of a commercial establishment. All other
illuminated signs or flashing lights within a structure or building
are allowed only if they are not plainly visible outside the structure
to the general public when 100 feet or more from any part of the structure.
Nonilluminated window signs within a building, plainly visible outside
the structure to the general public shall not exceed 30% of the total
window area. All other illuminated signs or flashing lights within
a structure or building shall be allowed only if they are not plainly
visible outside the structure to the general public when 100 feet
or more from any part of the structure.
[Amended 10-14-2020 by Ord. No. 2020-18]
E.
Sale signage. Upon approval and issuance of a temporary outdoor sign
permit by the Zoning Officer, commercial establishments may singly
or collectively, display temporary special sale signs outdoors for
no longer than one week preceding the first sale day and continuing
during the period of the sale but, in any event, no more than two
weeks total for each sale. Each business shall be limited to a maximum
of four occurrences per calendar year and each occurrence shall be
limited to the installation of special sale signage for a maximum
of two weeks. Multiple special sale signs are permitted with a maximum
culminative sign area of 32 square feet, both sides of double sided
signs count in this calculation and said signage shall be allowed
in addition to other permitted signs, provided that the applicant
shall provide a sketch to scale, of the special sale sign and its
location no closer than one foot from the street right-of-way, but
in any event not in a sight triangle or other location interfering
with proper driver sight distance, and shall pay a fee as required
in this chapter. Special sale signage shall not include banners, flags,
balloons, streamers, spotlights or other types of advertising or devices
to attract attention.
[Added 10-14-2020 by Ord.
No. 2020-18]
F.
Grand opening signs. In addition to other signage permitted above,
the opening of a new business shall be entitled to special grand opening
signs by the issuance of a temporary outdoor sign permit by the Zoning
Officer. No grand opening sign shall remain displayed for more than
45 days, beginning on the initial grand opening day. These temporary
signs shall be attached to the ground, shall have no portion of the
sign more than six feet above grade, multiple signs are permitted
but shall not exceed a cumulative of 40 square feet in sign area.
Both sides of double sided signs count in this calculation. The signs
shall be in a mowed or shielde landscaped area, shall be outside of
any sight triangle, shall be no closer than one foot to the street
right-of-way and, if lighted, shall have exterior lights shielded
so that the light source cannot be seen by either drivers on adjacent
roads or driveways or by residential neighbors.
[Added 10-14-2020 by Ord.
No. 2020-18]
Uses permitted in the business districts generally
require a significant portion of the property, in a contiguous area,
to be relatively flat in order to site the building and provide reasonable
access to and from parking and loading areas.
A.
It is therefore the goal of these regulations to preferably
avoid but at all times carefully control construction in areas of
steep slopes (see definition) and abutting sloped areas in order to
avoid creating new steep slope areas. The purpose is to minimize the
disturbance of established vegetation on existing steep slopes and
to avoid creating new steep slopes where the potential for soil erosion
is increased due to the slope and the exposed soil needing to be stabilized.
B.
For purposes of these provisions, "construction" shall
mean any disturbance to land, including but not limited to the site
work related to the placement of buildings, structures, streets, driveways,
parking areas and similar improvements that involve excavations, fill,
grading and clearing, except that selective thinning of vegetation
and site work approved by the approving authority for sidewalks and
similar pedestrianways, subsurface utility installations and drainage
facilities shall not be considered construction.
C.
Steep slopes, as defined herein, shall not be disturbed,
except where the applicant demonstrates that each disturbance is essential
to the reasonable use of the property. The applicant shall submit
a separate sheet as part of the overall development plan, identifying
the extent of the disturbance on steep slopes and noting the justification(s)
for the disturbance.
D.
Where construction will disturb steep sloped areas
and areas abutting steep slopes, the plan shall provide the following
design features, as applicable to the situation:
(1)
An area with slopes 10% or more may be completely
removed (such as a knob in the middle of the site), provided that
the final grading eliminates slopes of 10% or more in the disturbed
area and the removed soil is redistributed on site and/or removed
from the site in accordance with other Township requirements;
(2)
The area along the top of a slope of 10% or more but
not more than 15% may be filled and a retaining wall constructed,
provided that the horizontal width of the filled area shall not exceed
20 feet and the retaining wall shall be no higher than two feet;
(3)
Any area of disturbance on a slope greater than 10%
shall not result in a final grade greater than 15%; and
(4)
Any grading or disturbance in an area having slopes
of 10% or more shall stabilize the soil as required herein in order
to avoid soil erosion.
