[Amended 10-28-1998; 10-28-1998; 9-29-1999; 11-10-1999; 5-25-2005; 8-16-2006; 7-9-2008; 8-10-2011; 2-13-2013; 10-11-2017; 2-28-2018; 8-8-2018 by Ord. No. 2018-13; 10-14-2020 by Ord. No. 2020-18; 4-14-2021 by Ord. No. 2021-6; 2-8-2023 by Ord. No. 2023-3; 2-14-2024 by Ord. No. 2024-9; 9-10-2025 by Ord. No. 2025-18]

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.

Principal permitted uses on land and in buildings. The following shall be permitted as principal uses:

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.

(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.

(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.

(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.

(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.

(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.

(10)

Hotels and motels.

(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.

(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.

(14)

Agricultural uses.

(15)

Wireless telecommunications, towers and antennas; subject to § 102-46.5.

(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.

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.

(2)

Temporary construction trailers per requirements in § 102-80 and temporary development advertising signs per requirements of § 102-123.

(3)

Medical laboratories in conjunction with medical clinics.

(4)

Fences and walls; see §§ 102-57 and 102-73 for requirements.

(5)

Child-care centers; see § 102-52 for additional requirements.

(6)

Antennas, per requirements of § 102-49.

(7)

Sidewalk sales; see § 102-122 for requirements.

(8)

Outdoor cafes in conjunction with lawfully permitted restaurants in the B1, B2 and B3 Business Zones and further subject to the following provisions:

(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.

(10)

Wind energy systems; subject to § 102-82.1.

Building height. No building shall exceed 35 feet in height or 2 1/2 stories, subject to § 102-61.

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.

(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 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:

(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.

(6)

(Reserved)

(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.

Minimum off-street parking (see also § 102-119).

(1)

(Reserved)

(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.

(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.

(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.

(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.

(12)

(Reserved)

(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.

(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.

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.

Signs (see also §§ 102-122 and 102-123).

(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.

(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.

(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.

(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.

(6)

All signs shall be in accordance with the requirements specified in § 102-123, Signs.

(7)

See § 102-123 for seasonal decorations requirements.

(8)

See § 102-122 for sidewalk sales temporary sign regulations.

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.

Performance standards.

(1)

Nonresidential or mixed use buildings located along Route 34 or the Highway Access Management Road shall be oriented parallel to the street toward Route 34, and the Highway Access Management Road. This shall not apply to any building located behind another building. Orientation shall include the provision of one or more primary building entrance.

(2)

A Colonial Williamsburg or agricultural architectural style is strongly encouraged but not required. The architectural details and style shall provide varied building elevations, design, and structural appearance within the context of a single unifying theme.

(3)

Any building used for nonresidential use must incorporate at least three primary Class 1 or Class 2 materials, together composing at least 80% of the facade area. Class 3 and Class 4 materials in aggregate shall not exceed 20% of the facade area. Class 4 materials shall not exceed 10% of the facade area. Appropriately scaled trim of at least three inches in width shall be included around all window and door openings, building corners, roof lines, and facade material transitions. Asphalt shingles, if used, must be laminate style (asphalt shingles that are thicker and more durable than standard 3-tab shingles due to their multiple layers).

(4)

For this chapter, materials shall be divided into Class 1, Class 2, Class 3, and Class 4 categories as follows:

(a)

Class 1 Materials.

[1]

Fired clay brick laid up in a masonry wall system.

[2]

Fieldstone or natural stone laid up in a masonry wall system.

[3]

Painted or stained wood clapboard.

[4]

Copper panels.

(b)

Class 2 Materials.

[1]

Integrally colored, specialty concrete block such as textured, burnished block or split-face block, or concrete brick.

[2]

Thin veneer brick (adhered).

[3]

Manufactured or cast stone (adhered).

[4]

Textured architectural concrete panels.

[5]

Masonry stucco.

(c)

Class 3 Materials.

[1]

Water-managed Exterior Insulation and Finish System (EIFS) only permitted on facades not facing a public street.

[2]

Fiber-cement board or panels that have the appearance of siding or shingles.

[3]

Decorative opaque panels designed as exterior building finish.

[4]

Ornamental metal.

(d)

Class 4 Materials.

[1]

Vinyl siding or panels, irrespective of form or thickness.

[2]

Smooth or scored concrete block.

[3]

Smooth concrete tip-up panels.

Ceramic.

Glass block.

Wood.

Tripartite structure. Buildings shall have three distinct parts: a base, a midsection, and a top. This evokes the classical column (with its base, shaft, and capital), and the human form (with our feet, body, and head).

(6)

Embellishment. Traditionally, some parts of a facade that may be embellished/articulated in some fashion or another. A minimum of three of the following elements shall be incorporated in every building.

(a)

The horizontal base where the building meets the ground (such as a special treatment for the foundation).

(b)

The horizontal top where the building meets the sky (such as a projecting cornice with brackets).

(c)

A horizontal section in between (such as a belt course between stories).

(d)

The vertical corners on the left and right sides (such as corner boards or quoins).

(e)

Vertical articulation in the middle (such as pilasters).

(f)

The area around the door/entry (such as a portico or recessed entry).

(g)

The areas around the windows (such as window surrounds).

(h)

Embellishment of the walls (such as with decorative brickwork, inset tiles, terra cotta panels).

(7)

No facade shall have a length exceeding 40 feet uninterrupted by one or more of the following features to eliminate blank walls and create a more interesting design.

(a)

Projections or recessions in the wall plane at least two feet in depth.

(b)

Use of porches, balconies, bay windows or arcades.

(c)

Patterns of columns, piers, ribs or pilasters, insets, or equivalent elements that subdivide the wall.

(d)

Change in fenestration pattern.

(8)

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, porches steps, porticos, balconies, columns, and architectural treatments.

(9)

Retail storefront design. All retail storefronts must contain a minimum of three design features shown on Figure No. 109-1 (cornice, sign band, transom, bulkhead, recessed entry and pilaster).

Figure No. 109-1

(10)

Awnings, if used, shall be constructed and installed so that the frame and fabric of the awning is affixed to the building facade. Awnings shall not extend beyond six feet of the subject building. Awnings shall not be placed so as to conceal or disfigure any architectural feature or detail. Plastic and/or internally illuminated awnings are prohibited. Awnings may be solid or striped but shall be in the same color family as the facade colors. If the building has several tenants, the overall awning design should be consistent and compatible across the entire facade.

(11)

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 and screened from public streets.

(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.

(e)

Use of dormers, cupulas, railings, ridge tile friezes, and changes to roof lines to minimize the monotonous appearance of bulky structures.

(12)

Windows.

(a)

For all retail buildings, at least one street-facing building facade and the facade containing the main building entry, if different from the street faced, shall consist of no less than 25% glass fenestrations (windows and full glass doors) on the first level.

(b)

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.

(c)

Upper windows should use clear glass as opposed to smoked or reflective glass.

(d)

Upper floor windows should be consistent in style and range proportionately from 1:2 to 3:5 in ratio of width to height.

(e)

Upper floor windows should be divided into individual units or groupings of individual units, rather than a continuous "ribbon."

(f)

Upper level windows should align with those on the lower level.

(g)

Use of mullions and lintels on windows is encouraged.

(13)

Lighting. All exterior buildings and site lighting shall be focused downward with a solid top. Lighting fixtures shall have a maximum height of 25 feet. Fixtures shall not have a shoe box design.

(14)

All refuse containers shall be enclosed within and screened by a masonry enclosure with an exterior treatment that is the same color and materials of the principal building(s).

(15)

Street furniture. The installation of all street furniture, including benches, fencing, trash cans, lighting, planters, etc., that is visible from public ways should be selected to match the character of the development.

(16)

Public art.

(a)

Public art, including murals, sculptures, and similar visual art, is required in developments containing 10 or more businesses to promote arts and culture in the area.

(b)

Public art shall be exempt from the following standards:

[1]

Signage standards defined in § 102-109H. Public art shall not be deemed a sign unless the name of the business is included in the art.

[2]

Total lot coverage as defined in § 102-114.

[3]

Setbacks as defined in § 102-114.

[4]

Buffer standards as defined in § 102-115. Public art may be in buffer areas.

(c)

Public art shall not be internally illuminated.

(d)

Public art shall not obstruct a site triangle, and shall not impede pedestrian, vehicular, or general safety.

(17)

Attachment 9 - Dictionary of Architectural Terms contains the Pennsylvania Historical and Museum Commission Architectural Field Guide, undated, found at https://www.phmc.state.pa.us/portal/communities/architecture/.

§ 102-109.1 Mixed-Use 1 Overlay District (MU-1).

[Added 12-16-2020 by Ord. No. 2020-20]

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.

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.

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.

(3)

Passive recreation facilities associated with the residential portion of the development, such as but not limited to, lawns, gathering areas, clubhouses, private residential swimming pools subject to § 102-108 and recreation courts subject to § 102-101.

(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.

The conditional uses allowed in the MU-1 District include the following:

(1)

None.

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.

Area and bulk standards.

(1)

Minimum tract area: 40,000 square feet.

(2)

Minimum lot width: 200 feet.

(3)

Minimum lot frontage: 200 feet.

(4)

Principal building setbacks:

(a)

Minimum front yard from Route 34 or Route 537: 40 feet.

(b)

Maximum front yard from Route 34 or Route 537: 60 feet.

(c)

Minimum highway access management road setback: 20 feet.

(d)

Minimum side yard: 20 feet.

(e)

Minimum rear yard: 25 feet.

(5)

Accessory building setbacks:

(a)

Front yard: 100 feet or behind the building line of the building nearest the public or private street, whichever is less.

(b)

Minimum side yard: 20 feet.

(c)

Minimum rear yard: 25 feet.

(d)

To another building: 20 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.

(10)

Maximum building height: 3 1/2 stories/45 feet.

(a)

Buildings or portions of buildings within 75 feet of a public street shall not exceed 2.5 stories/35 feet.

(11)

Minimum setback to driveway, drive aisle or off-street parking: 10 feet.

(a)

Excludes attached private garages and parking within residential driveways servicing townhouse units.

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.

(5)

Minimum distance between buildings:

(a)

Front to any facade: 60 feet.

(b)

Rear to any facade: 50 feet.

(c)

Side to any facade: 30 feet.

(d)

Maximum units per building:

[1]

Townhouses: 20 units.

[2]

Multifamily: 36 units.

(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)

(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)

(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).

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.

(4)

Developments shall meet the standards in § 102-109E, F, G, and I. However, architectural design standards addressing nonresidential uses in § 102-109E shall only apply to nonresidential buildings or portions thereof.

(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.

§ 102-110 Floodplain District.

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.

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.

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.

Accessory uses. The following shall be permitted as accessory uses:

(1)

Fences.

Building height. Not applicable.

For area, yard and site plan requirements, see § 102-59.

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.

Minimum off-street loading. Not applicable.

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.

§ 102-111 B-1A District.

[Added 4-29-1997]

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.

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)

[Added 8-8-2018 by Ord. No. 2018-13; amended 4-14-2021 by Ord. No. 2021-6]

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.

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.

(c)

A minimum all-season evergreen buffer shall be provided around the perimeter of the site, designed in accordance with the standards set forth in § 102-115 of this chapter.

(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.

Accessory uses.

(1)

The following accessory uses shall be permitted in connection with an assisted living residence as a principal use:

(a)

Linen service facilities,

(b)

Nursing services,

(c)

Housekeeping services,

Beautician services,

Meeting rooms,

Social rooms.

Snack bars/ice cream parlors.

(h)

Medical offices for visiting doctors.

(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)

[Added 8-10-2011]

(4)

Wind energy systems; subject to § 102-82.1.

[Added 8-10-2011]

§ 102-112 D Distillery and Bottling Plant District.

[Amended 7-9-2008; 8-10-2011; 5-14-2014]

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.

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.

(6)

Assisted living facilities, subject to the requirements of the B-1A District (see § 102-111 for requirements) and the B-1A Schedule of Limitations (see § 102-114 for requirements).

(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.

(10)

Public utilities are permitted only as a conditional use; see § 102-11.

(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)

[Added 8-8-2018 by Ord. No. 2018-13; amended 4-14-2021 by Ord. No. 2021-6]

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.

(5)

Child care centers; see § 102-52 for requirements.

(6)

Antennas, per requirements of § 102-49.

(7)

Wind energy systems; subject to § 102-82.1.

(8)

Business offices, research and development and product testing operations associated with a distillery, bottling plant or microbrewery.

(9)

Farm stand, temporary seasonal, subject to § 102-92.

(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.

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.

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.

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.

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.

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.

(4)

All other sign requirements shall be in accordance with the requirements in § 102-123, Signs.

(5)

See § 102-123C for seasonal decoration requirements.

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.

§ 102-112.1 D-1 Light Industrial District.

[Added 10-25-2000]

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.

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.

(5)

Public utilities only as a conditional use; see § 102-11.

(6)

Electric generating facilities only as a conditional use; see § 102-11.

(7)

Wireless telecommunications, towers and antennas; subject to § 102-46.5.

[Added 8-16-2006]

(8)

[Added 8-8-2018 by Ord. No. 2018-13; amended 4-14-2021 by Ord. No. 2021-6]

Accessory uses. The following shall be permitted as accessory uses:

(1)

All accessory uses as allowed in the D Distillery and Bottling Plant District; see § 102-112C.

[Amended 5-14-2014]

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.

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.

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]

§ 102-113 MP Municipal Purposes District.

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.

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.

§ 102-114 Schedule of limitations: nonresidential.

[Amended 4-29-1997; 8-13-1997; 4-14-1999; 10-25-2000; 5-14-2014; 4-26-2017]

Schedule of Limitations: Nonresidential
		District
Type		B-1	B-2	B-1A⁷	B-3	C	D	D-1
Minimum lot area		40,000 sq. ft.	45,000 sq. ft.	10 acres	14,500 sq. ft.	¹	10 acres	10 acres
Maximum lot area				13 acres
Minimum lot frontage		200 ft.	200 ft.		75 ft.	¹	500 ft.	500 ft.
Minimum lot width		200 ft.	200 ft.	300 ft.	75 ft.	¹	500 ft.	500 ft.
Minimum lot depth		200 ft.	200 ft.	300 ft.	175 ft.	¹	500 ft.	500 ft.
Principal buildings/structures (See Note 4)
	Front yard	75 ft.²	75 ft.²	100 ft.	75 ft.²	¹	100 ft.²	100 ft.²
	Each side yard	20 ft.²	20 ft.²	50 ft.⁶	20 ft.²	¹	75 ft.²	75 ft.²
	Rear yard	25 ft.²	25 ft.²	75 ft.	25 ft.²	¹	75 ft.²	75 ft.²
Accessory buildings/structures (see other specific requirements in § 102-48)
	Front yard	100 ft.^2,3	100 ft.^2,3		100 ft.^2,3	¹	100 ft.^2,3	100 ft.^2,3
	Each side yard	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
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:
^aWhere two or more requirements apply to a situation, the more stringent requirement shall apply.
^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.
⁶The total width of side yards in the B-1A District shall not be less than 150 feet.
⁷Applicable to the development of assisted living residences in the B-1A District.
⁸Building and all impervious surfaces.
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.

Article XI Design Requirements

§ 102-115 Buffers.

[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:

The buffer area shall be located on the lot which requires it. The minimum buffer width provided shall be 50 feet.

Buffer areas shall be maintained and kept clean of all debris, rubbish, weeds and tall grass by the owner or his or her agents.

No structure, activity, storage of material or parking of vehicles shall be permitted in the buffer area.

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.

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.

§ 102-116 (Reserved) [1]

[1]

Editor's Note: Former § 102-116, Private helistops, was repealed 9-29-1999.

§ 102-117 Lighting.

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.

§ 102-118 Lots.

Lot dimensions and area shall not be less than the requirements of the zoning provisions of this chapter.

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.

Each lot must front upon an approved public street having a right-of-way at least 50 feet in width.

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]

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.

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.

Contiguous undersized lot(s) under one ownership are considered one lot.

§ 102-119 Off-street parking.

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.

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.

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.

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]

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.

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.

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

See also definition of parking space in Article III.

Stockpiling of snow. All parking lots shall be designed with consideration given to areas which can accommodate the stockpiling of snow.

§ 102-120 Performance standards.

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.

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.

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.

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.

Odor. Odors shall not be discernible at the lot line or beyond.

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.

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

§ 102-121 (Reserved) [1]

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]

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.

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.

§ 102-122 Sidewalk sales.

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.

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).

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.

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.

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.

§ 102-123 Signs.

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]

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]

(8)

(Reserved)[1]

[1]

Editor's Note: Former Subsection B(8), regarding temporary farm stand and pick-your-own agriculture signs, as amended, was repealed 10-14-2020 by Ord. No. 2020-18.

(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]

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.

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]

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]

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]

§ 102-124 Slope regulations in business districts.

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.

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.

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.

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.

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.