A. 
General uses listed as a conditional use in a particular district may be permitted by the Planning Board only after it has determined that the development proposal complies with the conditions and standards set forth in this article for the location and operation of such use.
B. 
Findings for planned developments. Prior to approval of any planned development, the Planning Board shall find, as required by N.J.S.A. 40:55D-45, the following facts and conclusions:
(1) 
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning standards applicable to planned developments.
(2) 
That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate.
(3) 
That provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate.
(4) 
That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
(5) 
In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
[1]
Editor's Note: Former § 126-343, Mandatory inclusionary conditions for approval of high-density and medium-density residential development, as amended, was repealed 9-19-1985 by Ord. No. 85-28.
[1]
Editor's Note: Former § 126-344, Conversion of single-family detached dwellings, added 11-18-1991 by Ord. No. 91-33, was repealed 6-8-2006 by Ord. No. 06-33.
The planned unit residential development use shall be considered a conditional use in the R-40 PURD Zone and shall meet the following conditions and standards:
A. 
Minimum tract size: 40 acres.
[Amended 1-4-1993 by Ord. No. 93-1]
B. 
Utilities required. All such developments shall be served by public sewers and public water.
C. 
Minimum open space and buffers: as set forth in the Site Plan Ordinance.[1]
[1]
See Part 8, Site Plan Review.
D. 
Maximum density. A PURD shall be developed in such a manner so as to limit the maximum density to six dwelling units per gross acre except as noted below:
[Amended 3-19-1984 by Ord. No. 84-5; 9-19-1985 by Ord. No. 85-28]
(1) 
Land with grades in excess of 10% shall be calculated for density purposes as set forth in the Hillside Development Ordinance (Article XXXIV of this chapter).
(2) 
Land in floodways shall not be considered for density purposes.
(3) 
Existing easements shall not be considered for density purposes.
(4) 
The total number of dwelling units on any tract may be increased by up to 10% if the Planning Board finds that such increase is needed to achieve the goals of the Township's Housing Plan, and that such increase would not adversely impact adjacent properties and would not encroach on environmentally sensitive land.
E. 
Design. A PURD shall be designed in accordance with the standards and principles set forth in the Site Plan Ordinance.[2]
[2]
Editor's Note: See Part 8, Site Plan Review.
F. 
Access. Principal access shall be from a collector road or higher category (wider) road.
G. 
Maximum height. No structure shall exceed 2 1/2 stories or 35 feet.
H. 
Maximum number of dwelling units in type. Not more than 40% of all dwelling units shall be in any one housing type.
I. 
Lower-income housing requirements. A minimum of 20% of the dwelling units in the PURD shall be developed as moderate-income housing. Except as regulated herein, the required moderate-income housing units shall be developed in accordance with the lower income housing requirements of §§ 126-321.3C(3) through (13).
[Amended 3-19-1984 by Ord. No. 84-5; 9-19-1985 by Ord. No. 85-28]
J. 
Commercial facilities. Up to 5% of the gross tract area may be developed with retail and service uses designed primarily to serve the residents of the PURD.
K. 
Common open space. Ownership and maintenance of common open space shall be regulated by § 126-349E of this article,
L. 
Timing.
(1) 
As part of preliminary site plan approval of the entire PURD, the Planning Board shall consider and establish a timing and phasing schedule which shall include:
(a) 
The number and type of dwelling units to be constructed annually.
(b) 
Timing of the construction and installation of improvements.
(c) 
When recreation, commercial and service uses shall be completed.
(2) 
The Planning Board shall consider, in its approval of the timing and phasing schedule, availability of subsidy programs, adequacy of municipal and private facilities needed to accommodate the residents of the PURD and adequacy of design of each phase to stand independently of other phases at any time.
(3) 
Approvals may stipulate that before building permits are issued for any subsequent phases or stages of a PURD, previously approved phases shall be completed.
M. 
Granting of preliminary and final approval shall convey to the applicant all rights set forth in §§ 126-142, 126-150 and 126-151 of this chapter. Applicant shall be required to submit each phase to the Planning Board for final approval.
N. 
Improvements. The Planning Board shall approve, in the same manner as set forth in the Subdivision Ordinance[3] an improvement plan. All improvements except those designed to serve only one specific section of the PURD shall be installed prior to the final approval of the first phase. No building permit shall be issued prior to the installation of improvements, except the Planning Board may waive the final seal coat of roads for a stated period of time.
[3]
Editor's Note: See Part 9, Subdivisions.
[1]
Editor's Note: Former § 126-345.1, Planned commercial development/corporate office park (PCD/COP) conditions and standards, added 6-6-1983 by Ord. No. 83-12, was repealed 3-6-2017 by Ord. No. 17-06.
[Added 6-6-1983 by Ord. No. 83-12]
Professional and business offices shall be considered a conditional use in the C-2 Zone and shall meet the following conditions and standards:
A. 
Minimum lot area: 15 acres.
B. 
Minimum lot width, front, side and rear setbacks, and impervious cover: see C-2 Zone requirements in § 126-325, Schedule of Area, Yard and Building Requirements.
C. 
Accessory uses: cafeterias, conference facilities, transient lodging, athletic clubs, as an integral part of office operation.
D. 
Maximum height: four stories per 56 feet for fifteen-acre lot area; five stories per 65 feet for twenty-acre lot area.
E. 
Maximum floor area ratio (FAR): 0.30.
F. 
Parking area: four spaces for every 1,000 square feet of floor area.
G. 
Additional conditions of approval:
(1) 
Suitable access from an interior road in conformance with the approved circulation plan for new and existing streets, highways and interchanges.
(2) 
Participation in off-tract road improvement construction or cost contributions toward access proposals of the Township circulation plan.
(3) 
Design compatibility with the Bridgewater Commons for signage, lighting, street furniture, landscaping and other design elements approved by the Bridgewater Redevelopment Agency.
(4) 
Credit in the form of a proportional increase in the floor area ratio will be permitted for land donated for rights-of-way proposed in the circulation plan element.
(5) 
An increase in the floor area ratio of 0.003 will be permitted for every acre assembled into one parcel beyond the minimum area of 15 acres.
[Added 9-17-1984 by Ord. No. 84-22]
The planned commercial development/corporate office park use shall be considered a conditional use in the M-2 Zone and shall meet the following conditions and standards:
A. 
Minimum tract size: 100 contiguous acres in Bridgewater Township.
B. 
Utilities required. All such development shall be served by public sewers and public water.
C. 
Maximum floor area ratio (FAR): as specified in Column 15 of § 126-325 and § 126-329C of the Land Use Code. Floor area ratio calculations shall be made on the basis of the entire tract in Bridgewater Township, including land lying within proposed rights-of-way of private collector roads, state highways and interstate connector roads. Where adjoining lands are included in a corporate office park development pursuant to Subsection N hereof, such lands within Bridgewater Township shall be included as part of the entire tract for the purposes of these computations. Where development proceeds in stages, floor area ratio shall be calculated on the basis of the entire tract, as defined herein, and not with reference to the particular land area devoted to any stage of development. Bonus FAR pursuant to § 126-329C shall be calculated only at the final stage of development of the entire corporate office park tract, and not with reference to any interim stage of development.
D. 
Maximum percent of improved lot coverage.
(1) 
As specified in Column 12 of § 126-325 of the Land Use Code. Improved lot coverage calculations shall be made on the basis of all impervious surfaces included in the entire tract in Bridgewater Township, including impervious surfaces lying within proposed right-of-way lines of privately owned collector roads, state highways and interstate connector roads. Where development proceeds in stages, improved lot coverage calculation shall be calculated on the basis of the entire tract, as defined herein, and not with reference to the particular land area devoted to any stage of development. Landscaped areas, buffers, watercourses, ponds, drainage facilities and detention basins shall be considered natural surface areas for the purpose of these calculations.
(2) 
If buildings higher than three stories are proposed in PCD/COP development, nonimpervious surface area, in addition to the above requirement, shall be provided and shall be calculated as follows: For buildings in excess of three stories, the difference between the building footprint for such buildings and the footprint required for a three-story building with the same total square footage as for the taller building shall be added to the nonimpervious surface are required for the tract.
E. 
Arrangement of buildings, parking areas and street setbacks. Buildings, off-street parking facilities and street setbacks may be laid out by the developer with flexibility and innovation in arrangement, provided that the resulting development plans conform, except as otherwise provided in these conditions and standards or the developer's agreement to the design details and criteria set forth in Article XXIV of the Land Use Code, the land use, circulation, utility service and conservation plan elements of the Bridgewater Master Plan and the following minimum setback standards:
(1) 
Off-street parking facilities.
(a) 
One hundred feet from the existing or proposed right-of-way line of any state highway or abutting lands zoned for single-family use.
(b) 
Fifty feet from the existing or proposed right-of-way line of any interstate highway, interstate highway connector road, county road or local road.
(c) 
Fifty feet from the cartway edge of an internal, privately maintained collector road.
(2) 
Buildings.
(a) 
One hundred fifty feet from the existing or proposed right-of-way line of any state highway or abutting lands zoned for single-family use.
(b) 
Fifty feet from the existing or proposed right-of-way line of any interstate highway, interstate highway connector road, county road or local road.
(c) 
Fifty feet from the cartway edge of any internal privately maintained collector road.
(d) 
Watercourses, swales, drainage facilities and detention basins may be located within any required yard area.
F. 
Buffers. Buffers will comply with the design criteria set forth in § 126-193 of the Land Use Code. A buffer of 100 feet shall be provided along all abutting lands zoned for single-family use; no buffer shall be required along any boundary which adjoins a state or interstate highway. Where considerations of traffic and safety dictate, the Planning Board may waive the required buffer area, provided that additional plantings are installed in the reduced buffer area, effective screening for abutting lands zoned for single-family use.
G. 
Maximum building height. Building height shall comply with § 126-325, Column 14, of the Land Use Code. A maximum of seven stories shall be permitted, provided that a ground floor used only for parking of vehicles and necessary lobby access and utility facilities shall not be considered a story for purposes of this subsection, and provided further that any building which exceeds 45 feet in height shall provide additional front-yard setback as follows:
(1) 
For buildings with setbacks from state highways, and/or abutting lands zoned for single-family use, one additional foot of setback for each 1 1/2 feet of building in excess of 45 feet in height.
(2) 
For buildings with setbacks from interstate highways, interstate connector roads or internal, privately maintained collector roads, one additional foot of setback for each foot of building in excess of 45 feet in height.
(3) 
Building height shall be determined without reference to roof furniture and customary mechanical equipment, provided that such facilities are shielded from view from any public roadway and incorporated into the architectural scheme of the building by appropriate screening or other architectural features.
H. 
Minimum building size. No principal building shall be constructed which contains less than 60,000 feet of gross floor area.
I. 
Principal permitted uses: those uses permitted under § 126-320A of the Land Use Code, except that the requirement for single entity office use shall not apply to office buildings constructed as part of a planned commercial development/corporate office park.
J. 
Permitted accessory uses: those accessory uses permitted under § 126-320B of the Land Use Code, and, when developed as part of a planned commercial development/corporate office park, the following accessory uses:
(1) 
Restaurants, health clubs, copy centers, banks, newsstands and similar accessory facilities, provided that such facilities are located in a structure housing a principal permitted use, provided that the total floor area devoted to all of such uses shall not aggregate more than 10% of the structure in which such facilities are located, and provided further that the total floor area of such uses shall not exceed more than 5% of the total allowable floor area of the corporate office park.
(2) 
An executive inn/conference center, which use may occupy a freestanding building, provided that the total floor area of such use, together with the total floor area of all other accessory uses, shall not exceed 15% of the total permitted floor area in §§ 126-325 and 126-329C of the corporate office park; provided, however, that no building permit shall be issued for the construction of an executive inn/conference center unless and until certificates of occupancy for at least 500,000 square feet of other permitted buildings have been issued within the corporate office park.
K. 
Minimum size of lot. The provisions of § 126-325, Columns 2, 3, 4 and 5, shall not apply to corporate office parks.
L. 
Minimum yard requirements for accessory structures. The provisions of § 126-325, Columns 10 and 11, shall not apply to corporate office parks.
M. 
Other zoning requirements. Except as specifically provided herein, all other zoning provisions of the Land Use Code shall apply.
N. 
Optional inclusion of adjoining lands. At the 6ption of the applicant, contiguous lands in the same ownership located in Bridgewater Township and zoned other than for single-family residential uses (R-10, R-20, R-40 and R-50) may be included in a planned commercial development/corporate office park by inclusion in the conceptual master site plan application. Upon such inclusion, the adjoining lands shall be incorporated into the corporate/office park tract for the purpose of application of these conditions and standards and the land uses permitted therein. Lands in the same ownership which are separated by a private, Township or county road shall be deemed contiguous for the purposes of this subsection.
O. 
Developer's agreement. The developer and the municipality shall enter into an agreement pursuant to the provisions of N.J.S.A. 40:55D-39 setting forth variations from ordinary standards for preliminary and final approval to provide increased flexibility and promote mutual agreement between the applicant and the municipality of the basic scheme of the planned commercial development/corporate office park at the time of conceptual master site plan approval. The substance of the developer's agreement shall be consistent with the laws of the State of New Jersey, the Bridgewater Land Use Code and these conditions and standards applicable to planned commercial development/corporate office park. The developer's agreement shall be in a form satisfactory to the Township Attorney, and may include provisions relating to the following:
(1) 
Architectural design standards:
(a) 
Criteria to ensure that the development will result in aesthetically harmonious architectural design treatment and that building siting, architectural features and landscaping will promote energy conservation.
(b) 
Architectural design criteria shall include external building materials, fenestration, color, mechanical penthouse screening and roof appearance where visible from adjoining buildings of higher elevation.
(c) 
Upon application for final site plan approval, the applicant will submit sufficient architectural data to enable the Planning Board to determine whether the agreed architectural criteria have been complied with. Upon application of the developer and approval of the Planning Board, architectural criteria may be revised from time to time.
(2) 
Signage: criteria to ensure adoption of graphic standards of harmonious signage design for the entire development, including corporate office park identification, buildings and directory signage to ensure safe and effective traffic control. Graphic standards shall include lettering style, lighting standard types, sign material and sign lighting.
(3) 
Lighting plan: criteria to ensure adoption of a uniform lighting plan to provide safe and attractive lighting for exterior roads, interior roads and driveways, parking lots, walkways and landscape display lighting. Standards to eliminate direct spillage of light beyond the tract boundaries and to shield the source of light from view beyond the tract boundaries shall be developed. The lighting criteria shall include type of illumination, intensity of illumination, height of light stanchions and hours of illumination. Where road lighting is under the jurisdiction of another government agency, cooperative efforts will be made to ensure compatible streetlighting along said roads.
(4) 
Landscaping: criteria to ensure adoption of guidelines concerning retention of natural vegetation, landscaping of parking areas, landscaping of building sites and the screening of trash collection and removal areas, buffering and wind shielding. Landscaping criteria shall include an approved list of evergreen and deciduous trees, plants and shrubs, together with recommended planting sizes and spacing requirements for various applications, as well as approved fencing types with recommended heights for various applications.
(5) 
Street furniture: criteria to ensure adoption of benches, exterior railings, pedestrian bridges, gatehouse and bus stop shelters, phone booths, bike racks, waste receptacles and other necessary items of street furniture.
(6) 
Other site design criteria. The following site planning objectives shall be considered as part of any planned office park developments:
(a) 
To preserve the natural features of the site to the greatest extent possible. Particular consideration should be given to major tree masses; to unique, individual trees; and floodplain areas.
(b) 
To provide for significant view corridors to be achieved by variations in building layout and building heights.
(c) 
To develop building modules as unified entities with suitably located accessory open space developed as plazas, sitting areas and similar recreational uses for the enjoyment of building occupants.
(d) 
To provide for pedestrian and bike linkages between buildings and building modules to encourage free passage while discouraging conflict with vehicular traffic.
(e) 
To provide for active and passive recreational facilities such as jogging and fitness trails, passive sitting areas, tennis courts and other athletic endeavors for the benefit of building occupants.
(7) 
Preservation of open space through elimination of unnecessary off-street parking areas: provisions to eliminate construction of unnecessary impervious surfaces by the use of, among other things, van pooling, public transportation, flex-time and staggering of work hours. Such land shall not be considered open space for the purpose of calculating improved lot coverage under § 126-325, Column 12.
(8) 
Traffic monitoring: Adopt a procedure for the regular monitoring of corporate office park peak hour traffic generation after 300,000 square feet of space have been occupied in the corporate office park to attain the following objectives:
(a) 
To establish specific objective criteria to identify traffic level of service C.
[Amended 6-20-1988 by Ord. No. 88-10]
(b) 
To identify specific traffic movements on the road network adjoining the proposed corporate office park which will be most impacted by traffic generated by the corporate office park to serve as control points for the measurement of traffic service levels.
(c) 
To formulate a traffic improvement phasing plan to permit the developer to proceed with initial phases of development prior to the time that initial occupancy of buildings will permit the traffic monitoring program set forth in this Subsection O(8) to become operable, by setting forth specific traffic improvements to be provided by the developer in order to identify specific levels of development density to which the developer will be permitted to build prior to the time traffic monitoring controls become operable.
(d) 
To provide that the developer's right to build to the maximum density permitted by § 126-345.3C and D of this Code may be limited to a density of development which will result in a level of traffic service no less than C at the specified traffic control points and that the Planning Board may deny further applications for final site plan approval unless and until the developer can demonstrate, to the reasonable satisfaction of the Planning Board, that, by reason of additional traffic improvements or otherwise, the requested additional development will not result in a level of traffic service less than C at the specified traffic control points.
[Amended 6-20-1988 by Ord. No. 88-10]
(e) 
To identify the projected increase in the non-site generated traffic upon which the traffic analyses of the consultants for the developer and Township have been projected and to provide that increases of non-site-generated traffic in excess of the projected volumes shall not be considered in determining levels of traffic service for the purposes of Subsection O(8)(d) and (f) hereof except that, once permits have been issued for 1,300,000 square feet of development, all traffic shall be considered without regard to original projections or the source of generation.
[Amended 6-20-1988 by Ord. No. 88-10; 4-1-1991 by Ord. No. 91-2]
(f) 
To permit development of office space in accordance with the developer's agreement and within the FAR regulations contained in these conditions and standards, provided that traffic impacts at the traffic control points specified herein are not less than level of traffic service C as defined herein.
[Amended 6-20-1988 by Ord. No. 88-10]
(g) 
To determine whether uses generating reduced traffic loads have a sufficiently beneficial effect on site-generated peak-hour traffic impacts to warrant allowance of additional development without creating traffic impact in the peak hour greater than level of traffic service C as is defined in the 1985 Highway Capacity Manual.
[Amended 6-20-1988 by Ord. No. 88-10]
(h) 
To provide a mechanism to protect the municipality, during and after the full development of the corporate office park, against changes in space utilization which might alter the assumptions upon which the development in excess of the maximum of allowable square footage was permitted.
(i) 
To provide that, at the time of each final site plan approval, the results of the traffic monitoring program shall be submitted to the Planning Board.
(j) 
To provide that certification of all off-site road improvement costs shall be submitted to the Planning Board as a condition of final site plan approval.
(9) 
Staging of development: to provide for the staging of development, including internal roadways, sewer capacity, detention and stormwater-control facilities, off-tract improvements, landscaping, buffering and other site amenities.
(10) 
Improvement in lieu of cash contribution: provision for the developer to make specific commitments by way of cash, bonding or physical improvement relative to traffic, sewer, stormwater control or other physical facilities, in lieu of the developer's obligation to contribute to off-tract improvements, as required by the Land Use Code.
(11) 
Developer's obligation to maintain: provisions for maintenance and repair by the developer, or his successors, of building exteriors, trash removal and maintenance of internal roadways, landscaping, buffered areas and open spaces.
P. 
Approval procedure.
(1) 
The conceptual master site plan.
(a) 
The applicant will submit to the Planning Board a conceptual master site plan, together with a proposed developer's agreement and such other data as may be necessary to enable the Planning Board to make an informed review of the conceptual master site plan application. The application for conceptual master site plan approval will include the following elements:
[1] 
Land use plan.
[2] 
Circulation plan.
[3] 
Utilities plan.
[4] 
Stormwater management plan.
[5] 
Open space/recreation plan.
[6] 
Staging plan.
[7] 
Landscape plan.
[8] 
Lighting and other site amenity plan.
[9] 
Environmental impact statement.
(b) 
The Planning Board will review the application within the time permitted by law and make the mandatory findings of facts and conclusions for the planned development required by § 126-342B of the Land Use Code. Conceptual master site plan approval shall confer upon the developer the rights granted under §§ 126-144 and 126-145 of the Land Use Code. Upon conceptual master site plan approval, the Planning Board shall recommend to the Township Council to enter into a developer's agreement.
(2) 
Final site plan application.
(a) 
The applicant will submit to the Planning Board a final site plan application for any phase or phases of development as to which the applicant wishes to proceed. The final site plan application shall be accompanied by sufficient site cross sections to verify compliance with building height regulations under Subsection G of these conditions and standards, and all maps and other data required by § 126-153 of the Land Use Code applicable to the phase or phases of development as to which final site plan approval is requested.
(b) 
The Planning Board will review the application within the time permitted by law and, upon finding the application in conformance with these conditions and standards, the developer's agreement, the conceptual master site plan approval, and other applicable legal requirements, shall grant final site plan approval. Such approval shall confer upon the developer the rights granted under §§ 126-150 and 126-151 of the Land Use Code.
Q. 
Corporate office park subdivisions. Upon the granting of conceptual master site plan approval, the developer may elect to apply to the Planning Board for a subdivision of one or more individual sections regardless of whether such sections have received final site plan approval. Such subdivision approval shall be conditioned upon the developer providing in the deed of conveyance appropriate deed conditions, easements and covenants, in perpetuity, in form satisfactory to the Township Attorney to ensure the following:
(1) 
That the grantee of the subdivided property will hold title subject to the conditions and standards of the Planned Commercial Development/Corporate Office Park Ordinance[1] and the developer's agreement, and that no additional construction or other use of the premises may be made by the grantee without prior approval by the Township of Bridgewater.
[1]
Editor's Note: As contained in this § 126-345.3.
(2) 
That suitable provisions have been made for the completion of development and the providing of on- and off-tract improvements required by the conditions and standards and by the terms of the developer's agreement.
(3) 
That adequate provisions have been made for the joint use of all on- and off-site improvements by the developer, its tenants and all grantees of subdivided parcels from the developer consistent with the terms of the conditions and standards and developer's agreement.
(4) 
That adequate provisions have been made for the maintenance and upkeep of on- and off-site improvements and the buildings and structures pursuant to the terms of the conditions and standards and developer's agreement.
[Amended 6-6-1983 by Ord. No. 83-12]
The Planning Board is authorized to adopt special procedures for the efficient processing of PURD and PCD/COP applications, including procedures for the informal submissions of sketch plats, preliminary and final site plans, and to require such information, analyses and professional evaluations as it deems necessary to evaluate the proposed development at each stage of the application process.
[Amended 3-19-1984 by Ord. No. 84-5; 9-19-1985 by Ord. No. 85-28]
The multiple-dwelling uses shall be considered conditional uses in all R-40 MDU-1 Zones and shall meet the following conditions and standards:
A. 
Uses permitted.
(1) 
Single-family attached.
(2) 
Garden apartments.
(3) 
Two- or four-family units.
(4) 
Patio or zero lot line dwellings.
B. 
Minimum tract size: not less than five acres.
C. 
Maximum tract size: not more than 50 acres.
D. 
Utilities required. All such developments shall be served by public sewers and water.
E. 
Maximum density: not more than eight dwelling units per acre except as noted below:
(1) 
Lands with grades in excess of 10% shall be calculated for density purposes as set forth in Part 11, Article XXXIV, of this chapter.
(2) 
Land in floodways shall not be considered for density purposes.
(3) 
Existing easements shall not be considered for density purposes.
F. 
Access. Principal access shall be from a collector road or higher category (wider) road.
G. 
Design. The standards and principles for design set forth in Part 8 of this chapter shall be used in the design of multiple-dwelling uses.
H. 
Maximum height. No structure shall exceed 35 feet or 2 1/2 stories.
I. 
(Reserved)
J. 
Common open space. Ownership and maintenance of common open space shall be regulated by § 126-349E of this article.
K. 
Improvements. As part of its approval of an MDU, the Planning Board shall approve an improvement plan in the same manner and method as set forth in the Subdivision Ordinance.[1] No building permits shall be issued until all improvements have been installed, except that the Planning Board may waive the final seal coat of roads for a stated period of time.
[1]
Editor's Note: See Part 9, Subdivisions.
L. 
Maximum percentage in apartments. Not more than 60% of all units shall be garden apartments.
[Added 11-18-1991 by Ord. No. 91-33]
The planned office/extended-stay lodging use shall be considered a conditional use in the C-4 Zone and shall meet the following conditions and standards:
A. 
Extended-stay lodging shall be permitted only in combination with restaurant or office uses.
B. 
Retail and/or personal service uses shall be permitted within any permitted lodging use; however this is limited to 1,000 square feet of building floor area.
C. 
Development must take place as a single development operation or a definitely programmed series of development operations, including all lands and buildings.
D. 
A comprehensive design plan shall be prepared for the proposed development. This plan shall include the location of streets, utilities, services and building sites. It must also include site plans and floor plans for all buildings as intended to be located, constructed and used and related to each other and detailed plans for the uses and improvements on the land as related to the buildings.
E. 
A comprehensive urban design vocabulary for the entire development plan must be developed and include recommended materials, colors, fencing, signing, paving, curbing, streetscape elements, textures, facade modulation, roofscape, landscaping, lighting, etc., which will promote an overall residentially scaled design character envisioned for the planned office/extended-stay lodging use. The entirety of the project shall be developed with a common architectural theme which shall be residential in appearance and subject to site plan approval by the Planning Board; the architectural theme shall include all items listed in the design vocabulary.
F. 
All permanent utility lines, pipes and conduits shall be located below ground and all other installations and appurtenances shall be adequately screened.
G. 
Area, yard and building requirements for the planned office/extended-stay lodging conditional use include:
(1) 
Minimum lot size: 15 acres.
(2) 
Minimum lot width: 300 feet.
(3) 
Minimum lot size, corner: 15 acres.
(4) 
Minimum lot width, corner: 300 feet.
(5) 
Minimum front yard: 50 feet.
(6) 
Minimum one side yard: 20 feet.
(7) 
Minimum total side yard: 50 feet.
(8) 
Minimum rear yard: 50 feet.
(9) 
Minimum accessory side yard: 50 feet.
(10) 
Minimum accessory rear yard: 20 feet.
[Amended 1-19-1995 by Ord. No. 95-1]
(11) 
Maximum impervious coverage: 60%.
(12) 
Maximum height: 2.5 stories or 35 feet.
(13) 
Maximum floor area ratio: twenty-five hundredths (0.25).
(14) 
Minimum conservation easement as required by § 126-332: 50 feet.
(15) 
Maximum number of extended-stay rooms: 125.
H. 
Signage.
(1) 
The extended-stay lodging building may have one sign, whether attached or freestanding, not exceeding 25 square feet in area. If freestanding, the sign shall not exceed 10 feet in height and shall be set back at least 20 feet from all property lines.
(2) 
All other signage provisions of this chapter shall apply.
[1]
Editor's Note: Former § 126-347.1, R-40 MDU-1 uses, added 5-6-1985 by Ord. No. 85-12, was repealed 9-19-1985 by Ord. No. 85-28.
[Added 1-19-1995 by Ord. No. 95-1]
Mixed-use development projects shall be considered a conditional use in the C-4 Zone and shall meet the following conditions and standards:
A. 
Mixed-use development projects shall provide for a combination of residential, office and retail uses with not more than 45% of the site area devoted to retail and/or office uses. The FAR for office and retail uses shall be calculated utilizing the area of the entire development parcel which is dedicated for office and/or retail uses.
B. 
Permitted residential uses shall conform to the conditional use requirements of the R-20.1 Zoning District.
C. 
In determining those retail and office uses which are permitted in this zone, the Planning Board shall be guided by the permitted uses found in the C-1 Zone and C-3 Zone, respectively.
D. 
Development must take place as a single development project, although the Planning Board may allow for the development to occur in phases.
E. 
A comprehensive design plan shall be prepared for the proposed development.
F. 
All permanent utility lines, pipes and conduits shall be located below ground, and all other installations and appurtenances shall be adequately screened.
G. 
Area, yard and building requirements for the mixed-use development zone are as follows:
(1) 
Minimum tract size: 15 acres.
(2) 
Minimum tract width: 300 feet.
(3) 
Minimum front yard: 100 feet.
(4) 
Minimum one side yard: 50 feet.
(5) 
Minimum total side yard: 100 feet.
(6) 
Minimum rear yard: 50 feet.
(7) 
Minimum accessory side yard: 50 feet.
(8) 
Minimum accessory rear yard: 50 feet.
(9) 
Minimum impervious coverage: 60%.
(10) 
Maximum height: two stories or twenty-five (25) feet.
(11) 
Maximum FAR (office and retail): .25%.
(12) 
Required conservation easement buffer: 50 feet.
[Added 11-18-1991 by Ord. No. 91-33]
Village homes, twin homes, patio/zero lot line homes shall be considered conditional uses in the R-20.1 Single-Family Affordable Residential Zone. These uses are permitted to promote village-style development indicative of New Jersey villages and hamlets. The conversion of single-family detached dwellings to two-family dwellings shall be considered a conditional use in the R-20.1 Single-Family Affordable Residential Zone. Development of these uses shall meet the following conditions and standards:
A. 
The development of lots of less than 20,000 square feet shall be permitted in this zone provided that 5% of the units developed are set aside for affordable housing or $1,000 per market unit is contributed to an affordable housing fund. The development of affordable housing pursuant to the above, shall be dispersed throughout the entire development tract, and shall not be permitted to be developed as an isolated or separated component of the development plan.
B. 
Area, yard and building requirements for village homes are as follows:
(1) 
Minimum lot size: 9,000 square feet.
(2) 
Minimum lot width: 75 feet.
(3) 
Minimum lot size, corner: 9,000 square feet.
(4) 
Minimum lot width, corner: 75 feet.
(5) 
Minimum front yard: 15 feet.
(6) 
Minimum one side yard: five feet.
(7) 
Minimum total side yard: 15 feet.
(8) 
Minimum rear yard: 25 feet.
(9) 
Minimum accessory side yard: five feet.
(10) 
Maximum accessory rear yard: five feet.
(11) 
Maximum impervious coverage: 60%.
(12) 
Maximum height: 2.5 stories or 35 feet.
(13) 
Maximum floor area ratio: not applicable.
C. 
Development standards for twin homes and patio/zero lot line homes in the R-20.1 Single-Family Affordable Residential Zone shall be the same as those listed for the R-10B Zone district as listed in the Schedule of Area, Yard and Building Requirements.[2]
[2]
Editor's Note: The Schedule of Area, Yard and Building Requirements is included at the end of this chapter.
D. 
Parking shall be provided to the rear of the village home.
[1]
Editor's Note: Former § 126-348, SED-MDU uses, as amended, was repealed 9-19-1985 by Ord. No. 85-28.
A. 
General.
(1) 
In the R-40 and R-50 Single-Family Zone, an applicant for a major subdivision may apply to the Planning Board for a cluster development. Such application, as proposed in a letter, shall be accompanied by a sketch plat indicating in general the plan and the area to be retained for open space, conservation easement or used for other municipal purposes.
[Amended 7-16-2018 by Ord. No. 18-12]
(2) 
If, in the opinion of the Planning Board, such a development will assist in achieving the objectives of the Master Plan, Official Map or other codes and ordinances, and the applicant proposes that the open space shall be dedicated to the Township, then the Planning Board shall request approval from the governing body that the open space of land resulting from the application of cluster development be accepted by the Township. If approval is not granted within 60 days from the date of referral, the applicant may submit a cluster plan providing only for ownership of common land in accordance with the regular subdivision procedures as provided in Part 9 of this chapter.
B. 
Maximum number of lots. The maximum number of lots to be permitted shall be arrived at by the applicant's submitting a sketch plat showing a conventional subdivision and meeting all design criteria as established in Part 9 and elsewhere in the Township Code.
[Amended 11-18-1991 by Ord. No. 91-33; 7-16-2018 by Ord. No. 18-12]
C. 
Criteria for cluster development.
(1) 
Minimum tract size: not less than seven acres.
[Amended 7-16-2018 by Ord. No. 18-12]
(2) 
Minimum lot size and yard requirements: are to be determined by calculating the area of each proposed cluster lot to be between 60% and 75% of the required lot size for the particular zone in which the parcel is located. The yard requirements may be reduced on a percentage basis, in keeping with the proposed lot size. The proposals will be reviewed on an individual basis by the Planning Board and shall take into consideration the following:
[Amended 11-18-1991 by Ord. No. 91-33]
(a) 
Character of surrounding area.
(b) 
Overall design of development.
(c) 
Availability of utilities, public water and sewers.
(d) 
Nature and extent of open space.
(e) 
Environmental criteria.
(3) 
Housing type: the same as allowed in the zone.
(4) 
The cluster areas of a proposed development are to be located along the internal roadways of the subdivision, with those lots that are proposed along existing Township roadways closely conforming to conventional zoning for the area. The proposed subdivision layout will be reviewed by the Planning Board on an individual basis, taking into consideration those items listed in Subsection C(2).
[Added 11-18-1991 by Ord. No. 91-33]
(5) 
Computation of lot area, lot coverage, lot width and FAR for each lot:
[Amended 3-7-2016 by Ord. No. 16-06]
(a) 
Computation of impervious lot coverage and floor area ratio for lots created by cluster subdivision in which there is a dedication of permanent open space shall assume that the lot contains the minimum lot area for the zone in which it is located, regardless of the actual lot area.
(b) 
A lot resulting from a cluster subdivision in which there is a dedication of permanent open space shall be grandfathered as to lot area and lot width.
D. 
Location and use of dedicated lands. The Planning Board shall have full authority to approve or disapprove the locations and proposed uses of lands required to be dedicated in accordance with the foregoing and as guided in its decisions by this section and the following:
(1) 
Lands required to be dedicated shall be so located as to meet the needs of open spaces, parks, playgrounds, rights-of-way protecting major streams or open drainageways, buffer areas and other environmental criteria, or to provide additional neighborhood area for recreational purposes or school purposes. The Planning Board shall make certain that not only Township requirements shall be satisfied, but that dedicated areas be so located as to meet any possible future needs of the neighborhood or region.
(2) 
The Planning board shall have full discretion as to the location and size of the various use need areas and their distribution. The Planning Board shall not generally approve areas of less than five acres except when such a site is considered adequate for its specific use, and said Board shall make certain that a reasonable portion of required dedicated area shall be located so as to specifically serve the need of the development where located.
E. 
Disposition of dedicated areas.
(1) 
Dedicated areas shall be deeded free and clear of all mortgages and encumbrances to the Township if the Township so indicates as provided in Subsection A above.
(2) 
Dedicated areas may be deeded free and clear of any encumbrances to a permanent property owner's association, cooperative or condominium corporation for its use, control and management for open space, recreational or agricultural use and providing appropriate restrictions to assure that the effectuation of the purpose of this section and to provide for the maintenance and control of the area. Said organization shall meet the following standards, to be written into the articles of incorporation and/or bylaws.
(a) 
It shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the municipality or municipalities wherein the land is located.
(b) 
In the event that such organization shall fail to maintain the open space in reasonable order and condition, the Township may serve written notice upon such organization or upon the owners of the development, setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall state the date and place of a hearing thereon, which shall be held within 15 days of the notice. At such hearing the Township may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed 65 days, within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension thereof, the Township, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Planning Board shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Planning Board, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Township shall determine that such organization is ready and able to maintain said open space in reasonable condition, the Township shall cease to maintain said open space at the end of said year. If the Township shall determine such organization is not ready and able to maintain said open space in a reasonable condition, the Township may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Township shall constitute a final administrative decision, subject to judicial review.
(c) 
The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space, in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon and shall be enforced and collected with interest by the same officers and in the same manner as other taxes.
A. 
Essential services shall be permitted in all zones. Because of the wide range of uses which constitute essential services, no specific regulations are contained in this chapter. Each use shall be evaluated by the Planning Board and standards imposed based on the following:
(1) 
Degree and intensity of nuisance characteristics.
(2) 
Probable traffic impact.
(3) 
Character of surrounding existing and future development.
B. 
The Planning Board may require alternate siting arrangements and provisions for parking and loading spaces, screening, fencing, buffers and lighting.
A. 
Public and private schools are herein defined as schools which meet the State of New Jersey requirements for primary and secondary compulsory education. They shall be permitted in all zones and shall contain sufficient land area to meet the standards established by the New Jersey State Department of Education, except that schools which are located in any residential zone shall comply with the requirements of § 126-131B.
[Amended 3-14-2011 by Ord. No. 11-03]
B. 
In evaluating the site plan for any proposed school, the Planning Board shall consider the impact on surrounding existing and future development of social and athletic events, traffic generation and noise, light and other nuisance characteristics. Appropriate safeguards shall be imposed to minimize these influences.
[Added 7-16-1990 by Ord. No. 90-19; amended 11-18-1991 by Ord. No. 91-33]
Child-care centers for which a license is required from the Department of Human Services pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.), shall be a permitted use in all nonresidential districts.
A. 
The applicant shall submit a site plan in accordance with Part 8, Site Plan Review.
B. 
The floor area occupied in any building or structure as a child-care center shall be excluded in calculating: any parking requirement otherwise applicable to that number of units of amount of floor space, and the permitted density allowable for that building or structure under any applicable municipal zoning ordinance. This is in accordance with N.J.S.A. 40:55D-66.6.
C. 
Those structures, new or renovated, which will be used solely as child-care centers are required to provide parking at the rate of one space for every three children, based on the facilities maximum anticipated enrollment.
D. 
Any outdoor play areas associated with or used by child-care centers are to be secured and located as to assure child safety. Areas are to be reviewed and approved on an individual basis by the Planning Board.
[Added 7-16-1990 by Ord. No. 90-19]
Group homes shall be a conditional use in the R-10A Zoning District, provided that the following criteria are met:
A. 
Such uses shall conform to all bulk regulations of this zone for single-family dwellings.
B. 
No such housing shall contain more than 12 residents; however, the Planning Board may permit up to 20 residents, upon a determination that the expanded facility needed to accommodate the additional residents can be provided within the bulk regulations of this zone.
C. 
The Board should also encourage the sharing of parking, recreational and open space areas if more than one facility is proposed.
D. 
On-site parking shall be required at a ratio of one space per two residents.
E. 
Signage shall not exceed six square feet and must be located a minimum of 10 feet from the right-of-way line.
F. 
All such facilities shall be designed to have a residential character.[1]
[1]
Editor's Note: Former § 126-351.3, Nursing homes, assisted living facilities and continuing care communities, added 10-20-1997 by Ord. No. 97-24, which immediately followed this section, was repealed 4-5-2004 by Ord. No. 04-05.
In addition to other requirements which may be established as part of site plan approval, service stations shall meet the following requirements:
A. 
Design details.
(1) 
Minimum area: 80,000 square feet.
(2) 
Minimum width: 200 feet.
(3) 
Minimum distance of buildings or pumps to side or rear property lines: 75 feet.
(4) 
Minimum setback of pumps from street: 25 feet.
(5) 
Minimum floor area of building: 1,000 square feet.
(6) 
Driveways.
(a) 
Maximum width: 24 feet.
(b) 
Minimum distance to side line: 10 feet.
(c) 
Minimum distance to intersection of closest street lines: 50 feet.
(d) 
Maximum of two driveways for any frontage.
B. 
Minimum distance to other uses. No motor vehicle service station shall be located within 1,000 feet of any public entrance to a church, school, library, hospital, charitable institution or place of public assemblage, which distance shall be measured in a straight line from said public entrance to the nearest boundary of the service station or garage lot. No motor vehicle service station shall be located within 1,500 feet of another motor vehicle service station or public garage on the same side of the street, as measured in a straight line from the nearest boundary of the lot of one such use to the nearest boundary of the other.
C. 
Repairs. Any repairs shall be performed in a fully enclosed building which is properly ventilated.
D. 
Prohibited uses. No sale or rental of cars, vehicles, trucks or trailers shall be permitted from any service station.
[Added 4-1-1991 by Ord. No. 91-3]
Car washes shall comply with the standards found in the C-3 District except as given below:
A. 
Minimum lot area: 40,000 square feet.
B. 
Utilities required. All such development shall be served by public sewers and public water.
C. 
All car washing facilities must be in an enclosed, although not fully enclosed, building. Vacuuming facilities may be outside the building but may not be located in any required yard area.
D. 
Front yard setback: 50 feet
E. 
Rear yard setback: 75 feet.
F. 
Side yard setback: 75 feet.
G. 
Minimum lot frontage: 200 feet.
H. 
Landscape area shall comprise not less than 30% of the area of the entire site and should otherwise be developed in accordance with § 126-191.
I. 
Parking spaces.
(1) 
For full-service drive-through car washes, a minimum of three spaces or one space for each employee on a maximum shift, whichever is greater, is required.
(2) 
For self-service car washes, a minimum of one space per cleaning stall is required.
J. 
Sufficient off-street stacking area to provide space for not less than 15 automobiles or that number of vehicles equal to the number capable of being processed during 1/2 hour, whichever is greater. A space of nine feet by 18 feet shall be deemed adequate for each required space. Stacking of automobiles shall not be permitted in the public right-of-way.
K. 
All car wash installations shall be equipped with a water recycling system for 90% of the water usage.
L. 
To aid in control and drainage of car washing water, car wash systems employing high-pressure sprays shall:
(1) 
Include building drains sized to accept 200% of maximum water flow and shall discharge into enclosed piping connected to the closed storm sewer.
(2) 
Be arranged as to contain all spray within the car wash structure.
(3) 
Have exit aprons equipped with grate drains and pitched for a minimum of 20 feet toward the car wash structure at a gradient of at least 1/4 inch per foot.
M. 
Adequate provision shall be made to prevent excessive noise from emanating from the facility. The sound produced by any mechanical equipment involved in the operation of a car washing facility shall not exceed 65 dB(A) when measured next to an adjacent residential district or other noncommercial use or 70 dB(A) when measured in or adjacent to any commercial district.
N. 
In addition to the buffer requirements found in § 126-193, a six-foot-high finished board-on-board or masonry fence along interior side and rear lot lines is required when the car wash adjoins any residentially zoned property or residential use.
[Added 11-18-1991 by Ord. No. 91-33]
Accessory retail uses and child-care centers shall meet the following conditions:
A. 
Accessory retail uses:
(1) 
Minimum size of office development tract: five acres.
(2) 
Accessory uses permitted shall include banks, cleaners, haircutters, newspaper stands, convenience stores and similar personal service operations. Total square footage of accessory retail services shall not exceed 10% of the total building square footage and in no case shall exceed 12,000 square feet.
(3) 
Accessory retail uses must be located within an office complex with no direct access from the exterior of the building.
B. 
Accessory child-care centers.
(1) 
Child-care facilities shall be permitted in office developments with a minimum tract size of five acres.
(2) 
Child-care facilities may be provided on site as integrated into the larger office complex or in a separate building.
(3) 
If developed as a separate building, child-care must be located on site and must adhere to the area and bulk criteria of the zone in which it is located.
(4) 
A state license must be secured and the building must meet all construction, fire and health codes.
(5) 
The operator of the child-care facility must file a child-care registration form with the Township Clerk.
(6) 
Development of a child-care center must comply with state regulations as found in Manual of Requirements for Child-Care Centers (N.J.A.C. 10:122 1.1 et seq.).
(7) 
If the child-care center is located in a separate building, setbacks, screening and landscaping shall conform to the requirements of the zone in which the structure is located.
A. 
General. Houses of worship shall be permitted in all zones, except that houses of worship located within any residential zone shall comply with the requirements of § 126-131B. In reviewing the site plan for houses of worship, the Planning Board shall make particular note of ancillary uses such as social events, recreational activities, convocations and similar activities. Reasonable requirements shall be established to minimize any adverse impact on surrounding areas.
[Amended 3-14-2011 by Ord. No. 11-03]
B. 
Minimum lot area.
(1) 
The minimum area for houses of worship shall be as follows:
Zone
Minimum Site Area Per Square Foot of Floor Area of All Buildings
(square feet)
Maximum Coverage of All Impervious Surfaces
R-50
20
50%
R-40
15
55%
R-20
10
65%
R-10
8
75%
(2) 
In all residential zones, the maximum percentage of lot coverage shall not exceed 18%. In all nonresidential zones, the maximum lot coverage shall be the same as that permitted in the zone in which the lot is located.
[Amended 4-15-2010 by Ord. No. 10-07]
C. 
Minimum yards. The minimum yards for the zone where the house of worship is proposed to be located shall be maintained, except that where said use abuts a residential use or residential zone, the minimum required side yard and rear yard shall be doubled.
[Amended 7-19-2010 by Ord. No. 10-20]
Animal hospitals and kennels shall meet the following requirements:
A. 
Such uses shall be on a minimum lot of two acres.
B. 
Structures housing animals and exercise areas for animals shall be at least 200 feet from any residences on adjacent or abutting lots or 200 feet from any required front, side or rear yard setback lines of adjacent or abutting lots when these lots are vacant.
C. 
Minimum front and side yards shall be at least 50 feet each except if abutting a residence or a residential zone, in which case the Planning Board may require additional setbacks to provide adequate buffers and to protect adjacent uses from nuisance characteristics.
D. 
The maximum height of such uses shall be two stories or 25 feet.
A. 
Such uses shall have a minimum lot area of five acres.
B. 
Used cars, machinery, equipment or vehicles shall not be sold except as an accessory use to a new car, machinery or equipment dealer.
C. 
There shall be a building in conjunction with the use, which shall contain not less than 10,000 square feet of usable floor area.
D. 
The area devoted to outside display of new and used cars, machinery, equipment or vehicles shall not exceed the area of the building or 25% of the total lot area, whichever is greater. All outdoor display and service areas, including driveways and parking facilities, shall be paved. Vehicles, machinery and construction equipment shall be kept at least 25 feet from the right-of-way and property lines and be neatly arranged on the lot.
E. 
Buildings, in addition to sales and display rooms, may contain administrative offices, parts rooms and space for storage of automobiles and trucks for sale and for repair and service and repair facilities incidental to the business of sale of automobiles and trucks. Front yards may be used only for necessary driveways and customer parking, subject to the regulations provided by this chapter governing driveways and parking. As an accessory to the use of the principal building, side and rear yards not devoted to required seeding and buffer areas may be used for storage, display and sale of automobiles and trucks. The areas so used for storage, display or sale of automobiles or trucks shall be enclosed and shielded from adjoining properties and streets by shrubbery. Where the yard or portion thereof faces a state or federal highway, the height of said shrubbery shall be at least three feet, and for every other portion the height of said shrubbery shall be at least six feet. Said shrubbery shall be of such size and species and density as will prevent the transmission of headlight glare from within the enclosure. All areas over which vehicles may travel or stand shall have durable and dustless pavements. All lighting within or upon the building or grounds shall be shielded so that the source of illumination shall not be visible from the street or other properties. No signs or banners other than those specifically permitted by this chapter shall be permitted. All vehicular repair, service and maintenance shall be conducted within a fully enclosed building. No motor vehicle parts and no wrecked or demolished vehicles shall be permitted to stand outside a fully enclosed building, except that wrecked or demolished vehicles are permitted to stand in a portion of the rear yard, provided that said portion shall not exceed 2,500 square feet in area and that said portion shall be enclosed by a solid fence six feet in height and that said fence shall be screened from view from outside the enclosure by shrubbery of such size, species and density as will do so.