Township of Bernards, NJ SECTION 21-12 Conditional Uses

§ 21-12.1 Purpose and Scope.

[Ord. #585, § 405A]

The purpose of this section is to set forth the requirements and procedures applicable to conditional uses in accordance with N.J.S.A. 40:55D-67. A conditional use shall not be approved on any site unless the use is specifically permitted as a conditional use in the zone for which it is proposed.

§ 21-12.2 General Requirements.

[Ord. #585, § 405B; Ord. #1112, § 1]

In considering any request for approval of a conditional use, the Planning Board shall give due consideration to the following:

a. Preservation of existing natural resources on the site.

[Ord. #1928, 2-27-2007, § 8, amended]

b. Safe and efficient vehicular and pedestrian circulation, parking and loading.

[Ord. #1928, 2-27-2007, § 8, amended]

c. Proposed screening, landscaping and locations of structures and exterior lighting.

[Ord. #1928, 2-27-2007, § 8, amended]

d. Prior to the approval of a conditional use application, the Board must find that the exterior design of any proposed building(s) and the proposed development of the site as a whole shall conform as much as possible to surrounding buildings and developments and to such development as is permitted by right within the zone. In determining the desired conformance of proposed buildings and development to existing buildings and development, the Board may consider such items as the use of building materials, color and fenestration, and building bulk and spacing. The necessity for such conformance may be mitigated by visual separation between existing and proposed buildings and development. In any case such conformance is not intended to discourage creativity, invention and innovation, and the conformance to any particular architectural style is not required. All applicable requirements of Article V, Development Regulations, shall govern unless specifically modified by Subsection 21-12.3 below.

[Ord. #1928, 2-27-2007, § 8, amended]

e. Applicants for apartments within a single-family residence and nonexempt professional home offices shall submit 16 copies of the application form and site plan which illustrates conclusively that all conditions for the conditional use have been met. The site plan, at a scale easily readable and with dimensions clearly indicated, shall include the following (a checklist is attached as Appendix G, Article III, at the end of this chapter):

[Ord. #1429, 5-29-2001, amended]

1. Location of existing and proposed building and structures.

2. Location of existing and proposed parking.

3. Proposed lighting, signs and landscaping.

4. Existing and proposed pedestrian and vehicular circulation.

5. If additional impervious surfaces are proposed to be added, the applicant should indicate how stormwater management is proposed to be accommodated.

6. Where the application includes a home office or supplementary apartment, an interior layout shall be included so as to permit the Board to determine that the maximum percentages of floor area will be complied with.

7. Location of existing structures on surrounding lots.

8. Driveways on surrounding lots and lots across from subject property.

f. Not more than one conditional use shall be permitted on any lot.

§ 21-12.3 Specific Requirements.

Anything in this chapter to the contrary notwithstanding, the Planning Board shall not approve an application for a conditional use approval unless the requirements for the particular use as set forth below shall have been met:

a. Public Utilities. The provisions of this section are intended to apply to utility installations, including but not limited to power-generating stations, electrical substations, power transmission lines, treatment plants, telephone exchanges and similar facilities, but shall not apply to telephone, gas, water, sewer or electric or community television distribution lines and similar facilities intended to provide direct service to properties when the same are approved by the appropriate Township agency.

[Ord. #1928, 2-27-2007, § 9, amended]

1. The proposed use shall have been shown to be reasonably necessary to the convenience of the community.

2. The lot shall conform to the lot area requirements of the zone in which it is located.

3. All buildings shall meet the yard and height requirements of the zone in which the use is located, or if in a residential zone, the requirements of the E-5 Zone.

4. Adequate provision shall be made for access and off-street parking in accordance with Article V.

5. Any such building, structure or use shall be designed and arranged and landscaped so as not to detract from the value of adjoining property.

b. Home Offices. The provisions of this section are intended to apply to the owner-occupied office of physician, surgeon, dentist, Attorney at law, architect, artist, real estate broker, scientist, mathematician, engineer, planner or person of like profession which office is located within the residence of the person who practices such profession.

1. Such office shall be contained entirely within the residential structure on the premises and shall not exceed 25% of the total floor area of that structure except that in no case shall such office exceed 900 square feet exclusive of parking spaces.

[Ord. #1371, 8-24-1999, amended]

2. Adequate parking spaces shall be provided so that no parking related to the office shall occur on the street. At least one parking space shall be provided for each 200 square feet or fraction thereof of gross floor area unless the applicant can demonstrate that fewer will be required. No parking shall be permitted in the front yard.

3. No more than 150 motor vehicle trip ends per week shall be generated by the home office use, each arrival or departure being considered one trip end.

4. Safe and efficient vehicular and pedestrian circulation, parking and loading in the vicinity shall not be impaired.

5. No more than two office employees shall be present at any one time. Nonresident professionals shall not be permitted to use the office on a regular basis.

6. The hours of normal operation shall be limited to the hours of 8:00 a.m. to 9:00 p.m., Monday through Saturday.

7. The conditional use approval shall terminate with any change in the ownership of the property.

c. Automotive Service Stations.

1. The lot or parcel of land to be used shall have a street frontage of at least 125 feet and an average depth of at least 125 feet.

2. Buildings and pumps shall be set back at least 100 feet from a residential zone boundary, at least 25 feet from every adjoining property line and at least 40 feet from a street right-of-way line.

3. Corner lots shall have a curb radius of at least 25 feet, and driveway entrances shall start at least 25 feet from the radius tangent points.

4. All unpaved areas shall be attractively landscaped with grass lawns, trees and shrubs or other appropriate vegetation or material.

5. Repair work, other than incidental minor repairs, shall take place within the building, and all repair or service apparatus shall be located within the building.

6. There shall be no outdoor storage of supplies, materials or automobile parts, whether for sale, storage or waste.

7. Floor drains shall not be connected to any sanitary sewer system or storm drain.

8. All storage tanks shall be installed below ground level and shall be at least 40 feet from any property line. Where the possibility of contamination of underground water resources exists, the Board may require ample precautions against leakage and seepage.

9. The Board may impose such conditions and safeguards as it deems appropriate with respect to, among other matters, traffic safety, considering the location and configuration of the lot in question.

10. Canopies over pump islands shall maintain a minimum distance of 25 feet from any street right-of-way line or surrounding property lines. The height above ground shall be sufficient to provide for clearance for emergency vehicles.

11. Signage on canopies shall come within the maximum permitted sign areas allowed for service stations. Any lighting to be included as part of the canopies shall be designed so as not to shine on any adjacent properties.

12. All sign requirements as per Subsection 21-17.4b1.

d. Auto Sales and Showrooms. All applicable regulations of the zone within which the use shall occur shall be adhered to unless those provided for below shall be more restrictive, in which case those given below shall apply:

1. The minimum lot area shall be five acres.

2. The minimum street frontage shall be 200 feet.

3. No building shall be located within 100 feet of a street line.

4. No building shall be located within 50 feet of a side or rear property line.

5. No driveway or parking area shall be located within 50 feet of a street or property line (except to gain access to a street).

6. No vehicles shall be parked or displayed in the front yard.

7. All parking areas shall be visually screened from all property lines.

8. The development plan shall show a separate entrance and exit, with a minimum of 150 feet between the center lines of each entrance and exit.

9. The development plan shall provide an internal circulation system separated from any parking or vehicle storage/display areas. The circulation system shall provide access to all parking areas, service areas and showrooms.

10. All parking areas shall be separated from the internal circulation system by a minimum of 10 feet.

11. Employee and customer parking shall be separate from parking provided for inventory.

12. All service on vehicles shall be performed within the building.

13. The maximum building height shall be 35 feet.

14. All storage tanks shall be installed below ground level and shall be a minimum of 40 feet from any property line. Where the possibility of contamination of groundwater resources exists, the Board shall require ample precautions against leakage and seepage.

15. All repair and service apparatus shall be located within the building.

16. Floor drains shall not be connected to any sanitary sewer or storm drain.

17. There shall be no outdoor storage of supplies, material or automobile parts, whether for sale, storage or waste.

18. The maximum coverage shall be 60%.

19. All unpaved areas shall be attractively landscaped.

20. There shall be no exterior or interior lighting, other than that required for security of the building and grounds before 6:00 a.m. or after 10:00 p.m., Monday through Saturday, or before 8:00 a.m. or after 5:00 p.m. on Sunday.

21. The development plan shall provide for the off-loading of transportal vehicles on the site. No off-loading shall be permitted on public streets or in the front yard.

e. Raising or Keeping of Livestock.

1. Ponies, horses, cows, sheep or other farm livestock may be kept or raised on properties which are two acres or more in area, except that poultry farms shall not be permitted on less than 50 acres, and commercial piggeries are prohibited absolutely.

2. A building shall be provided for the shelter and care of any ponies, horses, cows, sheep or other farm livestock kept or raised on the premises, and no portion of such building shall be located within 100 feet of any property or street right-of-way line.

3. Livestock shall be contained at all times within fenced areas, and no portion of such fenced area shall be located within 100 feet of any property or street right-of-way line unless the frontage of the lot exceeds 500 feet, in which case the fence shall be at least 50 feet from the street right-of-way line.

f. [1]Houses of worship and/or houses of worship with clergyman's residence on the same premises.

[Ord. #2242, 10-15-2013, added]

1. The minimum lot area shall be four acres.

[Ord. # 2369, 9-12-2017, amended]

2. The maximum floor area ratio for all buildings shall be 10%.

3. The maximum coverage shall be 15%.

4. No house of worship shall be located within 100 feet of any property line. However, the setback requirements for a separate clergyman's residence located on the same premises as a house of worship need only satisfy the requirements established for other residences in the zone in which it is located.

5. No parking shall be permitted in the front yard or within 100 feet of any property line.

6. No active recreation area shall be permitted in the front yard or located within 75 feet of a property line.

7. All recreation and parking areas shall be screened from view from all property lines by landscaping in accordance with Sections 21-28 and 21-43.

8. There shall be no outdoor activities after 8:00 p.m.

9. All exterior lighting, except that required for security, shall be turned off between 11:00 p.m. and 6:00 a.m. Monday through Saturday and between 6:00 p.m. and 8:00 a.m. on Sunday.

10. Primary access shall be achieved from a state or county roadway.

[1] Editor's Note: Former § 21-12.3f, Commercial Development - PRD-4 Only, was repealed by Ord. #1371, 8-24-1999.

g. Public and private schools.

[Ord. #2242, 10-15-2013, amended]

1. The minimum lot area shall be four acres.

[Ord. # 2369, 9-12-2017, amended]

2. The maximum floor area ratio for all buildings shall be 10%.

3. The maximum coverage shall be 15%.

4. No public or private school shall be located within 100 feet of any property line.

5. No parking shall be permitted in the front yard or within 100 feet of any property line.

6. No active recreation area shall be permitted in the front yard or located within 75 feet of a property line.

7. All recreation and parking areas shall be screened from view from all property lines by landscaping in accordance with Sections 21-28 and 21-43.

8. There shall be no outdoor activities after 8:00 p.m.

9. All exterior lighting, except that required for security, shall be turned off between 11:00 p.m. and 6:00 a.m. Monday through Saturday and between 6:00 p.m. and 8:00 a.m. on Sunday.

10. Primary access shall be achieved from a state or county roadway.

h. Apartment within a Single-Family Residence.

1. The number of apartments within a single-family residence shall be limited to one and shall be located within the principal building.

2. Not more than 25% of the floor area of the principal building may be used for the apartment.

3. The applicant shall demonstrate that adequate off-street parking is available for the combination of the principal residential use and the apartment.

4. The exterior appearance of the principal structure shall not be substantially altered or its appearance as a single-family residence changed.

5. The minimum size of apartments shall conform to FHA minimum unit size by bedroom count.

6. The occupants of the apartment shall be limited to the mother, father, son, daughter, brother, sister, grandparent (in any degree) and/or grandchild (in any degree), together with their respective spouses and children, of one of the principal occupants of the single-family residence.

7. At such time as the apartment becomes unoccupied, or at such time as the occupants of the apartment do not, or no longer, bear the requisite relationship (by blood or marriage) to a principal occupant of the single-family residence pursuant to Paragraph 6 of this subsection, the conditional use approval shall terminate. In the event that ownership of the premises changes, there shall be a rebuttable presumption that such requisite relationship no longer exists.

8. The owner of the premises which has been granted approval for such conditional use shall certify annually, on a form provided by the Zoning Official, that the conditions for the conditional use are still being satisfied.

i. Conference Inn - "E-1" and "E-2" Only.

1. The minimum lot area within the zone shall be 20 acres.

2. The maximum FAR of the total building(s) shall be 90% of the FAR allowed for the zone.

3. The maximum FAR of the guest rooms, including private baths, elevators, stairways, hallways, vending areas, storage and service areas related to the guest rooms, shall be 45% of the FAR allowed for the zone.

4. In no case shall the maximum floor area ratio constructed and devoted to all purposes other than those described above in Paragraph i3 above exceed 65% nor be less than 30% of the floor area allowed for the zone.

[Ord. #1429, 5-29-2001, amended]

5. The maximum coverage of all impervious surfaces shall be 70% allowed for the zone.

6. The maximum building height shall be 35 feet.

7. At least 25% of the entire tract, whether or not the tract lies wholly within the "E-1" or "E-2" Zone, shall be retained as undisturbed open space and protected by a conservation easement running to the Township.

8. The development shall be served by public water and public sewerage.

9. The applicant shall demonstrate that adequate parking will be provided to serve the proposed development. The development plan shall show a minimum of one parking space per bed in addition to those spaces required by Section 21-22 of this chapter for restaurant(s) and lounge(s) open to the public. The Board may, however, approve a reduction in the number of spaces to be constructed initially pursuant to Subsection 21-22.1, Paragraph a.1.

10. All recreation and parking areas shall be screened from view from all property lines.

11. Organic waste shall be stored in compliance with the State Food Establishment Code.

12. All exhausts must be provided with filters in compliance with the State Food Establishment Code.

13. All solid waste storage and loading areas shall be screened from view from all property lines and from public areas within the site through the use of landscaping and/or architectural treatment. No solid waste storage or loading areas shall be located in the front yard.

14. Adequate access for loading and for collection of solid waste shall be provided which shall not impair access to or circulation within the parking area.

15. None of the guest rooms shall contain kitchen facilities or be considered "efficiency units."

16. A net floor area of at least 5% of the gross floor area of the building or 40 square feet per guest room, whichever is greater, shall be dedicated to educational, conference and training facilities, including, but not limited to, meeting rooms, banquet facilities other than the permanent restaurants, resource rooms and media rooms.

17. A net floor area of not more than 4% of the gross floor area of the building may be dedicated to indoor recreation, including, but not limited to, racquet sports courts, indoor swimming pools, gymnasiums and ancillary facilities such as locker rooms, shower rooms, lounges and pro shops.

18. Permanent restaurant seating capacity, exclusive of bars or cocktail lounges, shall be limited to a ratio of one seat per guest room.

19. All other applicable requirements of this chapter for the zone shall be met.

j. (Reserved)

k. (Reserved)[2]

[2] Editor's Note: Former Subparagraph k, Parabolic Satellite Antennas, was repealed by Ord. #1429, 5-29-2001.

l. Continuing Care Retirement Community (CCRC) - R-2 Zone Only.

[Ord. #2248, 10-29-2013, amended]

1. Before the development is occupied, the developer shall produce to the Zoning Officer either a certificate of authority for the CCRC issued pursuant to N.J.S.A. 52:27D-330 et seq. (P.L. 1986, c. 103), as amended from time to time, or a letter of nonapplicability issued pursuant to N.J.A.C. 5:19-2.3, as amended from time to time.

2. Before receiving final site plan approval, the developer shall produce a writing from the Commissioner of the Department of Community Affairs stating that any lien which the Department has filed or may file under N.J.S.A. 52:27D-341 (P.L. 1986, c. 103, § 12) shall be subordinated to any lien for unpaid taxes on real property or other municipal charges, whether existing now or in the future.

3. (Reserved)

4. The development may include the following:

(a) Independent-living units;

(b) Assisted-living units;

(c) Nursing units;

(d) Congregate-care units;

(e) Long-term-care units;

(f) Sub-acute units; and

(g) Memory-care units.

5. The development shall include at least some level of each of the following uses and services for residents, which may also be made available to nonresidents of the CRCC, provided that all such uses shall be entirely contained within buildings exclusively owed and controlled by the CCRC, that no residents shall be denied access to such uses and services and that sufficient parking shall be provided in accordance with the standards set forth below and Subsection 21-22.1:

(a) Health-care, therapy, clinical, medical and wellness service facilities and services that may be on site or off site; such facilities may be in an existing or new off-site location (subject to zoning requirements), if the applicant shows adequate plans to provide residents of the development with reasonable access.

(b) Facilities and services for providing meals for residents, with or without common dining facilities;

(c) Therapy facilities and services;

(d) Meeting rooms; and

(e) Recreation facilities;

The development may include personal, cultural, religious and other ancillary services customary to a CCRC. These services may include uses such as clinics, therapies, wellness and educational programs, theaters, performing arts programs, restaurants, and salons.

6. The application for development shall include a statement generally describing the health-care services, meal services for assisted-living care or nursing care and therapy services that will be provided. Such statement may be, but is not required to be, in the developer's disclosure statement (or a portion of it) which is required by N.J.S.A. 52:27D-336 (P.L. 1986, c. 103, § 7).

7. (Reserved)

8. It shall be a condition of final subdivision approval or final site plan approval that residency in the CCRC shall be age restricted to persons at least 62 years of age, with or without a spouse or other members of such person's housekeeping unit, or to surviving members of that housekeeping unit in the event of the death of such resident. This condition shall not be construed as requiring the CCRC to permit surviving members below the age of 62 to remain in residence following such death. Health-care services may also be provided to individuals allowed under applicable state and federal law.

9. Permissible accessory uses and structures shall include garages, sheds, fences, swimming pools, recreational facilities, maintenance buildings, gatehouses, employee living quarters, child-care centers, retail and personal services facilities and other uses and facilities customarily associated with and ancillary to a CCRC, so long as such accessory uses are subordinate to and serve only the conditional use for residents and nonresidents.

10. Area and setback requirements shall be as follows:

(a) Minimum lot area: 60 acres.

(b) Minimum lot width: 200 feet.

(c) Minimum tract setback (buffered):

(1) Front yard:

[a] For buildings: 100 feet.

[b] For parking: 75 feet.

(2) Side yard:

[a] For buildings: 100 feet from exterior street.

[b] For buildings: 75 feet from boundary line.

[c] For parking: 75 feet.

(3) Rear yard:

[a] For buildings: 100 feet.

[b] For parking: 75 feet.

(d) Maximum impervious lot coverage: 40%.

(e) Maximum building coverage: 20%.

(f) Maximum building height: 35 feet, except that height may be increased to a maximum of 50 feet, provided that, for each additional foot of building height above 35 feet, two additional feet of setback shall be required from the exterior tract buffer. Building height shall be measured from the average finished grade level surrounding the building measured five feet from the building wall to the top of the roof.

11. Maximum and Minimum Number of Units.

(a) The maximum number of independent living and assisted-living units shall be five units per gross acre.

(b) A minimum of four independent living units shall be provided for each nursing unit.

(c) Assisted-living units shall be counted as independent living units in meeting the 4 to 1 ratio requirement in Subsection 21-12.3.11(b) above.

(d) The maximum number of detached single-family dwellings shall not exceed 30% of the total permitted number of independent-living units.

12. Parking Requirements. Sufficient off-street parking shall be required to meet the needs of the residents, employees and guests in accordance with the following minimum requirements:

(a) Independent-living units: 1.0 per dwelling unit.

(b) Assisted-living units, congregate-care, long-term care, sub-acute and memory-care units: .35 per dwelling unit.

(c) Nursing beds: .35 per bed.

(d) Staff: one off-street parking space per full time staff, plus one for every two part-time staff, on the maximum shift.

(e) Visitors: an additional 10% above the total required parking.

13. Design and Development Regulations for Multifamily Residential Buildings. The minimum distance between residential buildings shall be as follows:

	Type		One Story	Two Stories
	Windowless wall to windowless wall		15 feet	20 feet
	Window wall to windowless wall		20 feet	30 feet
	Window wall to window wall:
		Front to front	75 feet
		Rear to rear	50 feet
		End to end	30 feet
	Front building face to common parking area		10 feet	20 feet
	Rear or side building face to common area		10 feet	15 feet

The Planning Board may reduce the above distances by not more than 20% if there is an angle of 20° or more between buildings and if extensive landscaping and buffers, which provide necessary screening and shielding, are placed between buildings.

14. Design and Development Regulations for Single-Family Detached Housing.

(a) Minimum lot size: 5,000 square feet.

(b) Minimum lot width: 50 feet.

(c) Minimum yard requirements:

(1) Front: 25 feet;

(2) Side: five feet (one); 15 feet (both);

(3) Rear: 25 feet.

15. Design and Development Regulations for Other Structures.

(a) Minimum distance between residential buildings and other buildings: 30 feet.

(b) Minimum distance between accessory buildings and principal buildings: 10 feet.

(c) Minimum distance between parking areas and buildings: 10 feet.

16. Buffering and Screening. All CCRC's shall be landscaped and buffered in accordance with Section 21-43. A landscaped buffer not less than 25 feet shall be planted or installed around the perimeter of the developed areas of any CCRC site.

17. Other requirements.

(a) Water. No site plan for a CCRC shall be approved unless it provides for water to be supplied to the development by a public utility company.

(b) Sanitary Sewers. No site plan for a CCRC shall be approved unless it provides for the treatment of wastewater from the development in one of the following manners:

(1) The treatment plant of the Township of Bernards Sewerage Authority, if the site is in the sewer service area;

(2) Another municipality's publicly owned treatment plant;

(3) A treatment plant owned by a public utility;

(4) A package treatment plant; or

(5) Such other means as may be approved by NJDEP for community wastewater disposal; provided, however, that the means of treatment if under Paragraph l, Subparagraphs 17(b)(1) through (5), above, shall not require the Township or its Sewerage Authority to serve as co-permittee or otherwise to assume any liability of any nature; and provided, further, that any means of wastewater treatment does not conflict with the Bernards Township Wastewater Management Plan; and provided, further, that if municipal consent is required for any means of wastewater treatment, nothing in this chapter shall be construed as granting such consent or as compelling either the Township or its Sewerage Authority to grant such consent.

(c) A CCRC shall have frontage and direct access to a state or county roadway.

m. Assisted Living Facilities (ALF), R-6 Zone only.

[Ord. #1363, 7-27-1999, added]

1. ALF's are intended to promote aging in place in a homelike setting for frail elderly and disabled persons, including persons who require formal long-term care. ALF's assure that residents receive supportive health and social services as they are needed to enable them to maintain their independence, individuality, privacy and dignity in an apartment-style living unit. The assisted living environment promotes resident self direction and personal decision-making while protecting residents' health and safety. ALF's are for senior citizens who are able to live independently in apartment-style units but require some assistance with the activities of daily living. An ALF offers a suitable living arrangement for persons with a range of capabilities, disabilities, frailties and strengths. An ALF shall be a conditional use in the R-6 Zone, provided that the use and structure shall adhere to the minimum standards for the R-6 Zone and also the standards herein.

2. Except where higher standards are set forth herein, the developer of an ALF shall comply with N.J.A.C. 8:36-1 to 8:36-16 and N.J.A.C. 8:36-18, as amended from time to time. The application for development shall include a certificate of need in accordance with N.J.A.C. 8:36-2.1 and a copy of the certificate of need approval letter.

3. Permissible accessory uses may include maintenance storage sheds having an area of less than 100 square feet, recycling areas and other uses customarily associated with and ancillary to an ALF so long as such accessory uses are subordinate to and serve only the conditional use.

4. At a minimum, an ALF must provide the following basic services:

(a) Assistance with eating, bathing and dressing.

(b) Assistance with arranging transportation.

(c) Assistance with personal and household chores.

(d) Housekeeping and linen service.

(e) Availability of three meals a day in a congregate setting.

(f) Organized social and recreational activities.

(g) Medication reminders and supervision.

(h) Monitoring of nutrition and health.

(i) Protective supervision.

(j) Twenty-four-hour response to emergency needs of the residents.

(k) Services coordination and management.

5. An ALF may be located in the R-6 Zone subject to the following conditions and as permitted by the Board in accordance with the following standards and site plan review:

(a) A statement is submitted with the application for development setting forth in full detail all particulars of the building use.

(b) The lot or tract on which the ALF is situated must front on the county road known as "King George Road."

(c) A comprehensive traffic study is submitted with the application for development. This study will include a matrix with projections for vehicle movements in and out of the facility in each hour of each day in a typical seven-day week. The projections for each hour will be built up from separate estimates for ingress and egress, and for different categories of use. The latter will include, but not be limited to, employees, residents, deliveries and service providers, and visitors. Added together, the separate categories will comprehend all traffic in and out. The study will also include background traffic in each direction on the public road servicing the facility in the same twenty-four-hour, seven-day format. The factual and analytical bases for all estimates will be explained.

(d) No ALF shall be operated in the Township unless duly licensed and approved by the New Jersey Department of Health and Senior Services.

(e) There must be an adequate driveway for unobstructed ambulance entrance to an exit in the building. The driveway shall permit ambulances to enter and leave the premises without danger of being blocked by other traffic or parked vehicles and with sufficient room for turning, loading and unloading ambulances.

(f) A safe and convenient system of drives, walkways, access areas and parking facilities must be provided for the employees, doctors, management, visitors, ambulances, delivery vehicles and fire, police or other emergency vehicles.

(g) The design of an ALF shall be functional and shall adequately provide for the health, welfare and safety of the patients, employees, visitors and general public.

6. Area and setback requirements shall be as follows:

(a) Minimum lot area: 9.00 acres.

(b) Minimum lot frontage and width: 500 feet.

(c) Maximum floor area ratio: 15%.

(d) Maximum impervious coverage: 20%.

(e) Minimum tract setback (buffered):

(1) Front yard:

[a] For buildings: 125 feet.

[b] For parking: 125 feet.

(2) Side yard:

[a] For buildings: 100 feet.

[b] For parking: 75 feet.

(3) Rear yard:

[a] For buildings: 125 feet.

[b] For parking: 75 feet.

7. Parking requirements. Sufficient off-street parking shall be required to meet the needs of residents, employees and guests in accordance with the following standards:

(a) No off-street parking or standing shall be permitted beyond the required front yard setback of 125 feet except for emergency vehicles, dropoff or pick-up areas and visitor parking spaces.

(b) A minimum of 0.5 spaces for each unit.

(c) Parking setback from buildings: 10 feet.

8. Resident eligibility. Residents in the ALF shall be restricted to persons 55 years of age or older except that residents within an ALF also may include the following persons:

(a) A spouse under 55 years of age married to and living with an occupant who is over that age;

(b) Persons over 21 years of age who are related to, employed by or on the basis of friendship desire to live with an occupant who is 55 years of age or older; or

(c) A person under 55 years of age who is admitted to the special needs unit of the ALF with Alzheimer's disease or a similar affliction or handicap.

9. Health care and support services, functions and facilities for an ALF shall include the following at a minimum:

(a) Indoor and outdoor recreational facilities.

(b) Physical therapy facilities.

(c) Entertainment facilities.

(d) Libraries.

(e) Dining facilities and food preparation facilities.

(f) Housekeeping and laundry services.

(g) Emergency medical services and private emergency transportation facilities.

(h) Twenty-four-hour staffed reception area, including a security person available at all times to respond to and handle emergency situations and inquiries.

10. Maximum number of units. An ALF shall not exceed 80 assisted living units.

(a) An ALF shall be required to provide units affordable to low- and moderate-income persons as defined by the State of New Jersey Council on Affordable Housing (COAH) at a rate of at least ten (10%) percent of the number of units to be developed at the site. The low- and moderate-income units shall consist of private pay residents or Medicaid waiver residents, or both. A private pay resident must comply with the following criteria as established by COAH:

(1) A resident must qualify as moderate-income (between 50% and 80% of median income) or low-income (below 50% of median income).

(2) At least half of the affordable units must be affordable to a low-income household, or all of the affordable units may be affordable to a household at 60 percent of median income.

(3) Rents must be affordable so as not to exceed 30% of gross monthly income and an allowance for utilities.

(4) A thirty-year deed restriction must be placed on the unit.

(5) The apartments must be affirmatively marketed to the COAH housing region.

(6) Up to 80% of gross household income may be used for rent, food and services based on bedroom type. No more than 30 percent of the area median income may be charged for rent.

(7) The combination of payments for rent and services may not exceed 80% of the household income by bedroom number.

(8) Credit for affordable units will be based upon units, not bedrooms.

(9) A resident in an affordable unit will be provided a separate entrance to the bathroom that does not involve ingress and egress through another resident's living area.

Units reserved for Medicaid waiver residents must have a 30-year deed restriction placed on the unit.

(b) In lieu of complying with the provisions of Subparagraph m10(a) above, a developer of an ALF may elect to enter an agreement with the Township to pay a development fee in lieu of constructing the low- or moderate-affordable-income units in circumstances where the production of additional affordable housing units would not be beneficial to either the Township or to low- and moderate-income persons and the interest of those groups would be better served by contributions to an affordable housing trust fund rather than the construction of additional units. In making this determination, the Township shall consider the local need for beds of persons of low- and moderate-income, its current fair share obligation, the number of units to be constructed towards that obligation and the need for trust fund moneys to fund other affordable housing goals. All such agreements shall be subject to the review and approval of COAH. All such fees collected shall be deposited in an affordable housing trust account.

(c) At the time it submits a development application, the developer shall inform the Board which option it intends to pursue, the option under Subparagraph m10(a) or (b). If a developer intends to pursue the option under Subparagraph m10(b), the Board shall require as a condition of final approval of the development application the approval of an agreement as set forth in Subparagraph m10(b) between the developer and the Township.

(d) Any low- and moderate-affordable-income units provided by an ALF shall be in accordance with Township requirements and COAH regulations as may be amended from time to time.

11. Buffering and screening. An ALF shall be landscaped and buffered in accordance with Section 21-43. A landscaped buffer not less than 50 feet in width shall be planted around the perimeter of the developed areas of any ALF site, or where, in the opinion of the Board, natural vegetation on the site can reasonably form such buffer, the Board may designate on the site plan that such existing vegetation is to remain, and such existing vegetation shall be adequately protected during on-site construction.

12. Design standards for other structures.

(a) Minimum distance between residential buildings and other buildings: 30 feet.

(b) Minimum distance between accessory buildings and principal buildings: 10 feet.

13. Lighting shall be minimal for safety and security purposes in accordance with the following provisions:

(a) The light fixtures along driveways and within parking areas shall not exceed 14 feet in total height and shall include nonglare lights with recessed lenses focused downward and with cut-off shields as appropriate in order to mitigate against adverse impacts upon adjacent and nearby properties and overhead skyglow.

(b) The lighting of any sidewalk and pathway shall be via bollard lighting no more than four feet in height.

(c) The lighting shall comply with all other on-site lighting requirements of Chapter 21 of the Land Use Ordinance.

14. An ALF shall provide signage as follows:

(a) An ALF shall be permitted one freestanding sign no larger than 24 square feet in area identifying the name of the development.

(b) The permitted freestanding sign shall not exceed six feet in height and shall be set back at least five feet from all property and right-of-way lines.

(c) The freestanding sign shall be skirted with brick or similar material to enclose the supporting pole(s) of the sign. The skirting shall extend the full dimensions of the sign at its lower edge from ground level to the base of the sign. The area of the skirting shall not be included in the calculation of the sign area.

(d) The skirting and the freestanding sign shall be liberally landscaped with a combination of shrubs and ground cover, augmented with flowers and other plant material.

(e) The freestanding sign may be lighted, provided that the lighting is exterior to the sign and is located at the bottom of the sign focused upward onto the sign.

(f) Additional signage may be approved by the Board for good cause shown by the applicant as part of the site plan approval.

15. Other requirements.

(a) Water. No site plan for an ALF shall be approved unless it provides for water to be supplied to the development by a public utility company.

(b) Sanitary sewers. No site plan for an ALF shall be approved unless it provides for the treatment of wastewater from the development in one of the following manners:

(1) The treatment plant of the Township of Bernards Sewerage Authority, if the site is in the sewer service area.

(2) Another municipality's publicly owned treatment plant.

16. Height of buildings and roof treatment.

(a) No building shall exceed 2 1/2 stories and 35 feet in height, except in accordance with the following:

(1) A portion of any two-and-one-half-story building utilized for an ALF may exceed 35 feet in height in accordance with the following criteria:

[a] Additional height of a structure or building may be allowed conditional upon review and approval by the Board of detailed architectural plans, elevations and renderings of the proposed building.

[b] Any increased height of a structure or building to 38 feet shall only be for architectural purposes such as steeper rooflines, turrets or detailing accents which the Board determines are justified by the particular application.

(2) Every egress window as defined by the Uniform Construction Code of the State of New Jersey shall be directly and safely accessible from the ground by a twenty-eight-foot ladder placed at the National Fire Protection Association (NFPA) accepted ladder-to-ground angle of elevation.

17. 

Developer's agreement. The developer of an ALF and the Township shall enter into an agreement at final site plan approval pursuant to the provisions of N.J.S.A. 40:55D-39 setting forth the implementation requirements for an ALF. The substance of the developer's agreement shall be consistent with the laws of the State of New Jersey, the Bernards Township Land Use Ordinance and the conditions and standards applicable to assisted living facilities. The developer's agreement shall be in a form satisfactory to the Township Attorney and Township Committee and shall include, but may not be limited to, provisions relating to the following:

(1) The disposition of lands required to be set aside for public, semipublic and open space and outdoor recreation uses, including Section 2-29 of the Township Ordinances relating to greenway dedication.

(2) The phasing, financing and extent of municipal off-tract stormwater or traffic improvements.

(3) Public approvals and municipal and developer actions required to implement public infrastructure improvements, such as public sewers and stormwater control.

(4) The developer's obligation to maintain the ALF project and comply with site plan approval conditions dealing with lighting, signage, building exteriors, landscaping, drainage, security, buffer areas and open spaces, trash removal and internal roadways.

18. All other applicable provisions of Chapter 21 of the Land Use Ordinance not in conflict with the provisions stated hereinabove shall apply to an ALF.

n. Specialty Food Stores, Health Clubs, Restaurants, Retail Outlet Stores, Retail Sales and Services in the E-2 Zone.

[Ord. #1407, 5-9-2000, added]

1. To satisfy the existing and future demand for the health, food, restaurant, beverage and retail sales, services and outlet needs of the office employees and hotel guests in the E-2 Zone and, secondarily, the residents in this area of the Township, specialty food stores, health clubs, restaurants and retail sales, services and outlets are permitted as a conditional use (collectively, a "retail center"). To achieve this goal, the developer of a retail center shall adhere to the requirements in this subsection.

2. The developer of a retail center shall comply with all applicable site plan provisions of the Revised Land Use Ordinances of Bernards Township, including the requirements listed in Tables 402 and 506,[3] except where otherwise set forth in this subsection.

[3] Editor's Note: The tables referred to herein can be found at the end of this chapter.

3. A retail center in the E-2 Zone must be a development having one or more parcels of land with a total initial land area in the Township or Warren Township of nine acres forming a land block for use by the development. The area of existing or proposed public and private streets and rights-of-way on the tract shall be excluded from the lot area calculation.

4. The tract on which a retail center is situated must have the required minimum frontage for the E-2 Zone, located only on County Road 525 known as "Martinsville Road."

5. The maximum project size of a retail center shall be determined by the maximum floor area ratio of 15% applicable in the E-2 Zone, provided that a retail center shall not exceed in the aggregate 52,000 square feet in the Township. A retail center in the Township must contain a single building with two floors. A retail center shall contain no office use on the first floor. The maximum floor area of the first floor shall not exceed 32,000 square feet. No use in a retail center on the first floor shall exceed 7,500 square feet, except one specialty food store may equal but not exceed 12,000 square feet. The maximum floor area of the second floor shall not exceed 26,000 square feet. A minimum retail space of 50% of the square footage of a retail center shall consist of restaurants, specialty food stores or retail sales and services. If the retail center contemplates development on two adjacent parcels designed as a single integrated site plan, which parcels are located in the Township and Warren Township, the floor area ratio shall be calculated by comparing the total floor area constructed on both parcels to the total combined tract area of the two parcels, provided that the retail center's site plan approval includes conditions (such as the imposition of deed restrictions on the parcel in Warren Township) which assure that at no time will the total floor area of the retail center, including any buildings in Warren Township, exceed 15% of such total combined tract area.

6. The minimum side yard setback requirement may be decreased from 75 feet to 30 feet if the Board concludes that the architecture complies with Subsection 21-12.3n.13; landscaping, screening and buffering is provided in accordance with Sections 21-28 and 21-43; and any building at the retail center is no less than 70 feet from any principal building on an adjacent lot.

7. Notwithstanding the building height limitations as contained in Subsection 21-31.4 of this chapter, the front elevation of the retail center shall be limited to two stories not to exceed 40 feet in height (provided that, for purposes of such calculation, the grade at which the building height of the front elevation shall be measured shall be the reference plane representing the average of finished ground level at the front exterior wall of the building only). The rear elevation of the retail center containing under building parking shall be permitted to be three stories.

8. Parking setbacks shall be in accordance with the requirements of the E-2 Zone, except the minimum front yard setback requirement for parking may be decreased to 30 feet and the minimum side yard setback requirement may be reduced to 10 feet only if the Board concludes that sufficient landscaping, screening and berming is provided adequately to screen the parking areas from the street and contiguous lots, and all parking spaces are no less than 50 feet from any parking spaces on any contiguous lot (excluding any contiguous lot which has been incorporated into the retail center as a part of an integrated site plan of the proposed facility).

9. The site plan must be organized to include the building locations, service access, pedestrian and vehicular circulation and parking space layout substantially in accordance with the site plan shown in Figure M[4] of this chapter. In addition to all site plan requirements required by Chapter 21, site plan details shall include the following in locations and quantities that must be approved by the Board:

(a) Sidewalks must range from four feet to 12 feet in width and be designed substantially in accordance with the detail shown in Figure N[5] of this chapter. Paver and concrete colors shall be consistent with the project architecture.

[5] Editor's Note: Figure N is on file in the office of the Municipal Clerk.

(b) Benches shall be Kingsley-Bate Hyde Park type five-foot teak benches as shown in Figure O[6] of this chapter or an approved equal.

[6] Editor's Note: Figure O is on file in the office of the Municipal Clerk.

(c) Trash receptacles must be Victor Stanley Type H-24-IPE type with an in-ground post as shown in Figure P[7] of this chapter or an approved equal.

[7] Editor's Note: Figure P is on file in the office of the Municipal Clerk.

[4] Editor's Note: Figure M is on file in the office of the Municipal Clerk.

10. Lighting shall comply with all on-site lighting requirements of Chapter 21. Lighting in interior driveways and parking lots shall consist of Savannah Lantern ContraCline type light fixtures mounted on Washington type posts as shown in Figure Q[8] of this chapter or an approved equal. Exterior lighting around the building must be consistent with the project architecture.

[8] Editor's Note: Figure Q is on file in the office of the Municipal Clerk.

11. Landscaping, screening and buffering must be in accordance with Sections 21-28 and 21-43, shown on a plan prepared by a certified landscape architect, and must be substantially consistent with the common architectural and landscaping theme for the retail center as set forth in Subsection 21-12.3n.13.

12. Signage for the retail center shall comply with Section 21-17, except as otherwise approved by the Board. The developer must submit for Board approval a complete signage program which shall provide a coordinated signage theme for all businesses and uses in the retail center. The Board may grant relief from standards governing size and location of signs only upon satisfactory proof that overall design and aesthetics of the retail center will be improved because of the requested relief.

[Ord. #1809, 9-13-2005, amended]

13. The architecture of any building in the retail center shall be in accordance with the elevations provided in Figures R and S[9] of this chapter, including such details as colonial style brick, clapboard siding, dimensional GAF Timberline shingles or an approved equal, standing seam copper accent roofs, cupolas with copper roofs, shutters on second floor windows, detailed trim and dormers. The elevations and details are meant as a guideline with final architecture to be approved by the Board. All buildings in the retail center shall have a common architectural theme.

[9] Editor's Note: Figures R and S are on file in the office of the Municipal Clerk.

14. Mechanical equipment and other utility hardware placed on the roof of any building shall be properly screened from public view by appropriate architectural treatment and must be within the maximum building height requirement for a retail center. The Board shall require that any ground level utility cabinets shall be fenced or landscaped or both.

15. The developer of a retail center must submit a comprehensive traffic study with the application for development. This study must include a matrix with projections for vehicle movements in and out of the retail center for each hour of each day in a typical seven-day week. The projections for each hour must be derived from separate estimates for ingress and egress and for different categories of use. The projections will include, but not be limited to, employees, customers, deliveries and service providers. In the aggregate, the separate categories will delineate all traffic in and out of the retail center, including ingress and egress in Warren Township. The study must include background traffic in each direction on the public road servicing the facility in the same twenty-four-hour, seven-day format. The developer must explain factual and analytical bases for all estimates and projections.

16. The retail center shall be named "Riverwalk Village Center" or a similar name approved by the Board.

17. All uses shall be serviced by public water and public sanitary sewer systems.

18. Uses expressly prohibited in a retail center are drive-in uses, delivery restaurants, outdoor retail sales, liquor stores and those prohibited in Subsections 21-10.3, and 21-10.8.1b.4:

(a) Detached restaurant pads.

(b) Adult entertainment uses:

(1) Adult bookstore.

(2) Adult cabaret.

(3) Adult mini motion-picture theater.

(4) Adult motion-picture theater

(c) Amusement arcades.

19. The developer of the tract shall provide a comprehensive plan for cleanup, grading and vegetation that shall be accomplished before issuance of a certificate of occupancy.

20. Design of a trail system in a retail center for greenways purposes shall be incorporated.

o. Specialty Food Stores. A Liquor Store, Restaurants, Retail Outlet Stores, Retail Sales and Services in the E-3 Zone.

[Ord. #1793, 7-12-2005, added; Ord. #1981, 10-23-2007, § 1 amended]

1. To satisfy the existing and future demand for the food, restaurant, beverage and retail sales, services and outlet needs of the office employees and hotel guests in the E-3 Zone and, secondarily, the residents in this area of the Township, specialty food stores, a single liquor store, restaurants and retail sales, services and outlets are permitted as a conditional use (collectively, a "retail center"). To achieve this goal, the developer of a retail center shall adhere to the requirements in this subsection. Without limiting the restrictions set forth in Section 21-3 or Subsection 21-17.2f, a liquor store in the E-3 Zone is prohibited from posting any sign, off-premises, including on any interstate or state highway.

2. The developer of a retail center shall comply with all applicable site plan provisions of the Revised Land Use Ordinances of Bernards Township, including the requirements listed in Tables 402 and 506, except where otherwise set forth in this subsection.

3. A retail center in the E-3 Zone must be on a lot with a minimum area of nine acres.

4. A retail center in the E-3 Zone must be on a lot with a minimum frontage of 100 feet on County Road 525, known as "Martinsville Road".

5. The maximum project size for a retail center shall be determined by the maximum floor area ratio of 15% applicable in the E-3 Zone, provided that a retail center shall not exceed in the aggregate 58,200 square feet. A retail center must contain a single building with two floors. The floor area of the first floor shall not exceed 36,000 square feet. No tenant in a retail center on the first floor shall exceed 7,500 square feet, except one tenant may equal but not exceed 12,000 square feet. The floor area of the second floor shall not exceed 26,000 square feet. A minimum retail space of 50% of the square footage of a retail center shall consist of restaurants, specialty food stores or retail sales and services.

6. The minimum front yard setback shall be 100 feet. For a retail center located on a corner lot, the minimum front yard setback along the secondary street (not Martinsville Road) may be decreased from 100 feet to 50 feet if the Board concludes that the architecture complies with Subsection 21-12.3o13; landscaping, screening and buffering is provided in accordance with Subsection 21-12.3o11 and Sections 21-28 and 21-43; and a minimum front yard setback of 100 feet is provided along Martinsville Road.

7. The minimum side yard setback requirement may be decreased from 75 feet to 50 feet if the Board concludes that the architecture complies with Subsection 21-12.3o13; and landscaping, screening and buffering is provided in accordance with Subsection 21-12.3o11 and Sections 21-28 and 21-43.

8. Notwithstanding the building height limitations as contained in Subsection 21-31.4 of this chapter, the front elevation of the retail center shall be limited to two stories not to exceed 35 feet in height (provided that, for purposes of such calculation, the grade at which the building height of the front elevation shall be measured shall be the reference plane representing the average of finished ground level at the front exterior wall of the building only). This thirty-five-foot height limit shall not apply to a roofed ornamental entry feature located at the central building entrance, as shown in Figure T[10], which shall not exceed a height of 50 feet. The rear elevation of the retail center containing under building parking shall be permitted to be three stories.

[10] Editor's Note: Figure T is on file in the office of the Township Clerk.

9. Parking setbacks shall be in accordance with the requirements of the E-3 Zone, except the minimum front yard setback requirement for parking may be decreased to 50 feet along Martinsville Road and 25 feet along any other street, and the minimum side yard setback requirement for parking may be reduced to 25 feet only if the Board concludes that sufficient landscaping, screening and buffering is provided to adequately screen the parking areas from the street and contiguous lots, and all parking spaces are no less than 50 feet from any parking spaces on any contiguous lot.

10. The site plan must be organized to include the building location, service access, pedestrian and vehicular circulation and parking space layout substantially in accordance with the site plan shown in Figure U[11] of this chapter. In addition to all site plan requirements required by Chapter 21, the site plan shall include amenities such as sidewalks, benches, trash receptacles and lighting fixtures designed to be consistent with the project architecture, in locations and quantities that must be approved by the Board. In addition, lighting shall comply with all on-site lighting requirements of Chapter 21.

[11] Editor's Note: Figure U is on file in the office of the Township Clerk.

11. Landscaping, screening and buffering must be provided to adequately screen the parking areas from the street and contiguous lots without unreasonably reducing visibility of the building, and must otherwise be in accordance with Sections 21-28 and 21-43, shown on a plan prepared by a certified landscape architect, and must be substantially consistent with the common architectural and landscaping theme for the retail center as set forth in Subsection 21-12.3o13.

12. Signage for the retail center shall comply with Section 21-17, except as otherwise approved by the Board. The developer must submit for Board approval a complete signage program which shall provide a coordinated signage theme for the retail center. The Board may grant relief from standards governing size and location of signs only upon satisfactory proof that overall design and aesthetics of the retail center will be improved because of the requested relief.

[Ord. #1809, 9-13-2005, amended]

13. The architecture of a retail center building shall be in accordance with the elevation provided in Figure T[12] of this chapter, including such details as "old style" molded brick, exterior clapboard siding and/or stucco, standing seam metal roofs, canvas awnings, metal sunshades, brick detailing with arches/accent points and cast stone or solid stone lower wall surfaces. The elevation is meant as a guideline with final architecture to be approved by the Board.

[12] Editor's Note: Figure T is on file in the office of the Township Clerk.

14. Mechanical equipment and other utility hardware placed on the roof of the building shall be properly screened from public view by appropriate architectural treatment and must be within the maximum building height requirement for a retail center. Any ground level utility cabinets shall be fenced or landscaped or both.

15. All uses shall be serviced by public water and public sanitary sewer systems.

16. Uses expressly prohibited in a retail center are drive-in uses, delivery restaurants, outdoor retail sales, health clubs and those uses prohibited in Subsections 21-10.3 and 21-10.8.1.b.4, including adult entertainment uses (adult bookstore, cabaret, motion-picture theater or mini motion-picture theater) and amusement arcades.

§ 21-12.4 Requests for Approval.

[Ord. #1429, 5-29-2001, amended]

A request for approval of a conditional use shall be made to the Planning Board by filing the appropriate application with the Board Secretary. Such application shall be accompanied by a development plan drawn in accordance with Article VII, which development plan shall also show the location, type or kind of structure and present use of all buildings within 200 feet of the boundary lines of the lot.