Alexandria Township
City Zoning Code
City Zoning Code
ARTICLE V
Use Regulations
§ 115-19 Applicability of regulations; prohibited uses.
[Amended 7-14-2021 by Ord. No. 2021-006]
B.
Where a use is not specifically permitted in a zone district, it is prohibited.
C.
In addition, the following uses are expressly prohibited in all zone districts:
(1)
The operation of any and all classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in this chapter and in Section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies within the Township by a cannabis delivery service located outside the Township.
§ 115-20 Uses subject to other regulations.
All uses permitted by right or conditional approval shall be subject, in addition to use regulations, to such regulations of yard, lot size, lot width, building area and height, impervious surfaces, easements, buffer yards, off-street parking and such other provisions as are specified in other articles herein. In particular, the laws of the state and the local regulations regarding waste disposal shall be adhered to. Further, no zoning permit shall be issued until approval is obtained from the necessary regulatory bodies for sewage disposal, unless the premises are served by public water and/or sewer facilities.
§ 115-21 Temporary accessory uses.
A.
Temporary residential use. No garage or other accessory building, partial structure or temporary structure shall be erected or moved onto a lot and used for any dwelling purposes unless authorized by the issuance of a temporary zoning permit. Such permit shall clearly set forth that the structure proposed is intended for temporary dwelling purposes and that the authorized structure is to be vacated upon the expiration of a specified time limit, not to exceed one year. On receipt of the zoning permit, the applicant shall certify that he or she has knowledge of the terms of the permit and the penalty that can be invoked for violation.
B.
Nonconforming temporary use. Nonconforming temporary buildings or uses incidental to a building development and reasonably required for such development may be granted temporary zoning permits, according to the provisions of § 115-22H(7).
§ 115-22 Use regulations.
A.
Agricultural uses.
(1)
A-1 Agricultural and Horticulture. Agriculture and horticulture shall include uses such as tilling of soil; breeding and raising of livestock, horses or poultry; horse boarding, training, rehabilitation and lessons; growing trees, shrubs, flowers or vegetables; and related farmhouses and usual farm buildings.
[Amended 4-8-1992 by Amendment 7; 8-10-2005 by Amendment 24; 12-14-2005 by Amendment 27; 12-12-2012 by Ord. No. 2012-10-25]
(a)
Farm unit. Single-family detached dwelling for the sole use of individuals, and their immediate families, engaged in agricultural employment on the same site, or for the immediate family of the landowner or for persons engaged in agricultural employment on the property. This use is subject to the following provisions:
[1]
One single-family dwelling unit per farm lot will be permitted, provided that the site is equal to a minimum of five acres, plus a minimum of one acre for the dwelling unit.
(b)
Accessory farm buildings. All buildings associated with the use, i.e., barns, sheds, silos, etc., shall be permitted, provided that:
[1]
Animal shed, manure storage or like use shall not be located any closer than 100 feet to any property line or closer than 100 feet to any street line or dwelling other than a farm unit. Existing farm buildings that are existing on the date of adoption of this amendment[1] that were legally constructed on a farm are exempt from this requirement as long as they are used for farming purposes.
[1]
Editor’s Note: The amendment referred to herein was adopted 12-14-2005.
[2]
Other accessory farm buildings shall be located no closer than 75 feet to any property line.
(c)
Livestock. The keeping of livestock, horses or poultry shall be limited to lots of at least three acres in area and shall be limited to one head of livestock or horse or 50 fowl per acre on lots less than 10 acres in area. Riding academies, commercial dog kennels and the raising of fur-bearing animals are not included in this provision and must meet the requirements of uses A-4 or A-5 herein.
(d)
Such use does not include landscape contracting.
(2)
A-3 Forestry.
(a)
Forestry is the ongoing program of clearing or cutting timber resources within forested or wooded areas and coordinated with a reforestation program. Forestry does not include authorized clearing in accordance with plans approved pursuant to this chapter, the issuance of a building permit, nor removal of sick or dead trees which is permitted.
(b)
Forestry is permitted subject to the following conditions:
[Amended 4-12-1995 by Amendment 9]
[1]
A written and graphic reforestation or forest maintenance program prepared by either a professional forester or arborist showing a program for the re-establishment of the forest or wooded area on a sustained yield basis shall be obtained by the individual proposing the forestry use and a copy shall be submitted to the Township Clerk.
[2]
If clear cutting of timber resources is programmed, such operations shall be limited to no greater than 20% of the forested wooded area, per year and shall include a soil sedimentation and erosion control plan which is subject to the review and approval of the municipality. Furthermore, all clear cutting operations shall be coordinated with a reforestation program.
[3]
The landowner shall be responsible that all such forested or wooded areas are either reforested or maintained in a forested state. In addition, the landowner shall be responsible for the installation and maintenance of the soil sedimentation and erosion control plan. The municipality may require a performance bond to insure that these standards are met.
[4]
Forestry shall not permit the construction of structures.
(3)
A-4 Riding Academy. Riding academy, which shall be a barn or stable facility of not less than 40 stalls, and which is open to the public for commercial use, and which primarily provides riding lessons to the public and to individuals who do not own or have a long-term lease for the horse that is boarded and used at the facility for such riding, subject to the following provisions:
[Amended 8-10-2005 by Amendment 24; 12-12-2012 by Ord. No. 2012-10-25]
(a)
Dwellings and accessory farm buildings shall be permitted in accordance with the regulations for Agriculture and Horticulture, Use A-1.
(b)
No more than one horse per acre, exclusive of wetlands and wetlands buffers, stream corridors and water resources protection areas, and conservation easements, shall be permitted.
(c)
Riding academies shall only be permitted on lots that have frontage and take access on a municipal-, county- or state-maintained public road. Horse shows shall only be permitted on riding academies that front and take access from a municipal minor or major collector or a county or state road.
(d)
For riding academies without horse shows, no less than one designated, improved off-street parking space shall be provided for every three horse boarding spaces. For riding academies with horse shows, an additional area suitable for temporary parking shall be provided at the rate of no less than 400 square feet per every three anticipated attendees.
(4)
A-5 Kennel. The keeping of more than six dogs that are more than six months old for breeding, training, selling or boarding for a fee is permitted, provided that the following conditions are met:
(a)
Minimum lot size shall be six acres.
[Amended 4-12-1995 by Amendment 9]
(b)
No animal shelter or runway shall be located closer than 300 feet to any residential building other than the owners.
(c)
The total number of dogs on the property shall not exceed five dogs per acre, or 30 dogs maximum, excluding dogs under six months of age.
(d)
All kennels must present proof of a waste disposal and a management program certified acceptable by the County Health Department or local Board of Health.
(e)
No less than one off-street parking space for each employee, plus one space for each seven animals in capacity, shall be provided, except for training, where one space shall be provided for each three animals.
(5)
A-6 Agricultural Sales/Farm Stands. Sales of farm products shall be conducted from a portable or permanent structure, not exceeding 400 square feet in area, under the following conditions:
(a)
Only farm produce may be sold.
(b)
Farm produce shall be limited to plant material and crops harvested from plants.
(c)
At least 50% of the produce must be grown or raised on the property or in the immediate region.
(d)
Any processed (frozen, canned, etc.) food for sale must have been grown or raised on the property or in the immediate region.
(e)
Access to the tract must be controlled by physical means to limit access to two points. The access points shall be no more than 24 feet wide.
(f)
Sales building or stands shall be set back a minimum of 25 feet from the front and 50 feet from the side or rear property lines.
[Amended 8-10-2005 by Amendment 24]
(g)
A minimum of one parking space per 100 square feet of farm stand shall be provided. All parking shall be provided outside of the legal right-of-way, but need not be paved or otherwise improved.
[Amended 8-10-2005 by Amendment 24]
(6)
A-7 Christmas Tree Raising and Sales. Sales of evergreen trees and wreaths, subject to the following provisions:
(a)
Any sales building or stand shall be located a minimum of 25 feet from any property line and shall have off-street parking areas providing for a minimum of four cars.
[Amended 8-10-2005 by Amendment 24]
(b)
Maximum length of time for display and open-lot sales shall be 45 days.
(c)
Sales are limited to trees raised on the property; except that in the months of November and December, only, the property owner shall be permitted to sell evergreen trees and wreaths which have been transported from off site on the property.
[Amended 7-13-1988 by Amendment 1; 9-10-2008 by Amendment 36]
(7)
A-8 Plant Nursery, with or without retail sales or greenhouse sales of flowers, shrubs and plants, provided that:
(a)
A lot area of not less than six acres shall be required.
[Amended 4-12-1995 by Amendment 9]
(b)
No less than 65% of the retail stock of a nursery shall be plant material raised on properties owned or leased by the applicant.
[Amended 8-10-2005 by Amendment 24]
(c)
Not less than one off-street parking space per 400 square feet of sales area shall be provided. Sales areas shall consist of sales buildings or stands, greenhouses open to the public and containing plant material for sale and planting beds containing potted and/or balled and burlapped plant material for sale to the public.
[Amended 8-10-2005 by Amendment 24]
(8)
A-9 Landscape Contractor. Personal service business of building, installing and maintaining hard and soft landscape features off-site for a contracted fee:
(a)
Outdoor storage shall be permitted, provided that:
[Amended 8-10-2005 by Amendment 24]
[1]
Bulk landscape materials, such as mulch, soil, and gravel, shall be stored in floored, three-sided bins.
[2]
Trucks and equipment shall be located so as not to be visible from either adjacent residential uses or the road. Parking areas shall be screened in accordance with a plan approved by the Planning Board.
(b)
One off-street parking space for customer use shall be provided.
(9)
A-10 Agricultural Support Services. Such use shall include building and land for farm equipment sales and repair and farm produce sales and supply (feed, grain and fertilizer) and related accessory products and services.
B.
Residential Uses.
(1)
B-1 Single-Family Detached. A single-family detached dwelling shall include a single dwelling unit with a front, rear and two side yards provided that:
(a)
No less than two off-street parking spaces shall be provided on any lot on which a dwelling is hereafter erected.
(9)
B-9 Lot Size Averaging Subdivision.[10]
[Added 12-12-2012 by Ord. No. 2012-11-26]
(a)
Calculation of the permitted number of single-family lots.
[1]
The maximum number of dwelling units permitted shall be determined by the result of dividing the gross acreage of the subject parcel(s) minus areas required for road and utility dedication by 10 acres (i.e., gross acreage - road and utility dedications / 10 acres = maximum number of lots).
(b)
Mandatory lot size averaging subdivision plan.
[1]
All subdivisions of parcels of land 20 acres or greater in area shall be subject to mandatory lot size averaging.
[3]
The maximum number of lots in the lot size averaging subdivision shall be determined in accordance with § 115-22B(1)[11] (i.e., gross acreage ÷ 10 acres = maximum number of lots). For each lot in the lot size averaging subdivision greater than 10 acres in area, one lot less than 10 acres in area must be provided such that the average lot size of all lots in the subdivision is not less than 10 acres in area, and further provided that at least 50% of all lots shall not be less than three acres nor greater than four acres in area.
[11]
Editor's Note: So in original.
[4]
Each lot shall include "buildable lot area" in accordance with the requirements set forth at § 115-25.
[5]
Minimum tract size: 20 acres.
[6]
Minimum lot size: 3 acres.
[7]
Minimum open lands: 70%.
[8]
Lot size averaging may take place on contiguous or noncontiguous tracts in the same ownership. Lots that may be developed on one tract can be transferred to the other tract, provided that all tracts are in the Highlands Planning Area portion of the AR District.
[a]
When lot size averaging is proposed on noncontiguous tracts, open lands provided on each tract shall not be less than 70% on both tracts of land.
(c)
Lot size averaging subdivision bulk requirements:
(d)
In the lot size averaging subdivision, at least 50% of the lots shall be no greater than three acres in area and subject to the following requirements:
[10]
Editor’s Note: Former § 115-22B(9), B-9 Garden Apartment, was repealed 8-10-2005 by Amendment 24.
(10)
B-10 Single-Family Detached Cluster.
[Amended 4-12-1995 by Amendment 9; 2-8-2006 by Amendment 28]
(a)
Purpose. It is the purpose of the B-10 single-family detached cluster to:
[1]
Provide attractive developments that maintain the rural character of Alexandria Township;
[2]
Encourage creative and flexible site design that is sensitive to the land's natural features and adapts to the natural topography;
[3]
Protect environmentally sensitive areas of a development site and preserve on a permanent basis open space, natural features, and prime agricultural lands;
[4]
Decrease or minimize nonpoint source pollution impacts by reducing the amount of impervious surfaces in site development;
[5]
Promote cost savings in infrastructure installation and maintenance by such techniques as reducing distance over which utilities such as water lines need to be extended or by reducing the length of streets;
[6]
To allow for continued or future agricultural uses by preserving and conserving areas with soils that are classified as prime or of statewide importance; and
[7]
Advance the goals and objectives of the Conservation, Natural Resources, and Recreation Plan Elements of the Township's Master Plan.
(b)
Calculation of the permitted number of single-family lots.
[1]
The maximum number of dwelling units proposed for a residential cluster development shall not exceed the number of dwelling units otherwise permitted for the residential zoning district in which the parcel is located.
[2]
Applicants shall be required to submit a lot yield plan showing the development of the tract using the conventional zone district requirements. The lot yield plan shall show the development of the tract after strictly applying all limiting factors, including environmental constraints, and the applicable area, yard, and bulk requirements of the district. Applicants shall demonstrate that all lots are developable and usable in accordance with any ordinance provision or regulation that may result in the reduction of the lot yield. The number of building lots shown on the lot yield plan shall be the maximum number of lots permitted. However, in no instance shall the lot yield be greater than the gross density ratio of the district.
[3]
All existing environmental features, topography of the site, and structures of historic, cultural, or architectural value shall be identified on the lot yield plan.
(c)
General requirements.
[1]
No conservation easements shall be permitted on clustered lots.
[2]
The minimum tract size for a cluster development shall be 60 acres.
[3]
At least 50% of the tract shall remain as open space.
[4]
An upland buffer of vegetation of at least 50 feet in depth, or as required by the regulations of the NJDEP or Highlands Council, as applicable, shall be provided adjacent to surface waters, including creeks, streams, springs, lakes and ponds.
[5]
Areas selected for open space shall be land which is suitable for purposes proposed and shall be designed, where possible, to provide linkages to other existing or planned contiguous recreation or open space areas. Open space areas proposed for passive or active recreation use, either for use by residents of the development or the general public, shall have at least two fifteen-foot-wide pedestrian access points accessible from an existing or proposed public roadway or by easement through private driveways or pedestrian paths.
[6]
The selection of open space areas shall be designed in a manner to preserve scenic views and areas that are visually appealing or that contribute to the Township's rural character.
[7]
Cluster management plan. A cluster management plan shall accompany every application in which clustering is a component of the application. Such a plan shall identify what entity will be responsible for maintaining stormwater management facilities, common open space and any other features held in common ownership. The cluster management plan shall describe in detail proposed maintenance schedules for stormwater management facilities to the Board Engineer's specifications.
[8]
The appropriate board of jurisdiction may apply any other special conditions or stipulations to its approval of a single-family detached cluster development as it may deem be required to protect the character of the community and neighboring uses and advance the objectives and purposes of the Township's Master Plan and Land Use Ordinance, including the Conservation, Natural Resource, and Recreation Plan Elements of the Master Plan.
(d)
Review criteria. In reviewing a residential cluster development, the appropriate board of jurisdiction shall affirmatively find that:
[1]
The site plan satisfies the requirements of § 115-10B(10)(a) through (c);
[2]
Buildings and structures are adequately grouped so at least 50% of the area is set aside as common open space. Common open space shall be designated as a single tract, and not divided into small parcels located in various parts of the development except at the board's discretion consistent with the goals and objectives of the Township's Master Plan;
[3]
Common open space designated for passive and active recreation can be easily accessed by the general public;
[4]
Adequate buffers are provided adjacent to surface waters, including creeks, streams, springs, lakes and ponds as required by § 115-22B(10)(c)[4] or by the regulations of the NJDEP or Highlands Council, as applicable;
[5]
Conservation easements or proposed dedications are appropriately established, meet the requirements and purposes of the this section, and are sufficient to protect the environmental features and historic, architectural, and cultural resources of the tract;
[6]
Individual lots, buildings, structures, streets, and parking areas are situated to minimize the alteration of natural features, natural vegetation, and topography;
[7]
Existing scenic views or vistas are permitted to remain unobstructed, especially from public streets;
[8]
The site plan accommodates and preserves any features of historic, cultural, or archaeological value;
[9]
The provisions of the Township's Environmental Performance Standards as set forth in §§ 115-23 through 115-27 are adequately addressed; and
[10]
The cluster development advances the purposes of single-family detached cluster development as stated in § 115-22B(10)(a).
(e)
Farmstead density bonus. Where, in the process of developing a B-10 single-family detached cluster subdivision on a parcel containing an existing dwelling unit identified in the Hunterdon County Historic Sites Survey for Alexandria Township, the Historical/Cultural Site Listing of the 1994 Alexandria Township Master Plan, any updates thereto, or identified by the Alexandria Township Historical Commission as culturally significant or eligible for State or Federal Registry, an applicant agrees to rehabilitate and upgrade the existing unit to meet current building code requirements and market the same for occupancy, such unit will not be counted against the maximum number of units permitted as part of the development in accordance with the requirements of this chapter. This provision is conditioned upon the following:
[Amended 8-10-2005 by Amendment 24]
[1]
No more than one existing dwelling unit may be incorporated as an additional lot.
[2]
Existing farmstead outbuildings (e.g., barns, well houses, etc.) must be rehabilitated to meet local safety codes and be maintained as part of the additional lot.
[3]
The applicant must demonstrate and the Board must find that the rehabilitated unit will be sufficiently upgraded to salable standards and appropriately marketed.
[4]
All proposed lots must meet current land development ordinance requirements.
[5]
Historic or culturally significant structures listed on the State or National Registers of Historic Places or structures listed in an adopted County amendment to the Hunterdon County Master Plan "Sites of Historic Interest" document that are not currently listed in the Alexandria Master Plan are also eligible for inclusion in this process.
[6]
All applicants for farmstead density bonus shall provide a complete set of plans to the Township Historic Committee, including elevations sufficient to clearly indicate any proposed modifications and/or reconstruction of the existing farm house and farmstead outbuildings. The Historic Committee shall provide comments and recommendations to the Planning Board within the normal review time associated with the application.
[7]
A common open space area of at least 100 feet in width adjoining all cluster lots shall be designated as common open space and be held in a community association. Where possible, this area will be located adjacent to the deed restricted/farmstead parcel and separate it from the residentially clustered lots. The amount of area necessary to produce this one-hundred-foot common area will be subtracted from the 60% of required open space that would otherwise be required in the remaining farmstead parcel.
(12)
B-12 Residential Conversion. Such use shall include the conversion of an existing dwelling into more than one dwelling or the conversion of an accessory building into no more than one dwelling, provided that:
(a)
The yard requirements for the district in which the use is located shall be met.
(b)
There shall be a maximum of one residential conversion per residential building or residential lot.
(c)
The following minimum floor areas per unit shall be required:
Minimum Floor VR District (square feet) | Areas Per Unit Other Districts (square feet) | ||
|---|---|---|---|
Efficiency | 300 | 600 | |
One-bedroom | 400 | 700 | |
Two-bedroom | 600 | 950 |
(d)
All conversions must comply with all applicable regulations of the State of New Jersey, in addition to all local building codes and permit requirements of Alexandria Township and Hunterdon County, as applicable.
(e)
The appearance of the conversion shall be in conformance with the existing structure regarding size, bulk, etc.
(f)
Exterior fire escapes and outside stairways shall be located at the rear or side of the building.
(g)
Documentation that the existing well and septic systems can accommodate additional unit demands.
(h)
No less than two off-street parking spaces for each dwelling unit shall be provided. In addition, the following standards shall be met:
[1]
No off-street parking shall be permitted in the front yard. Parking in the side and rear yards shall be visibly buffered from the street and the adjacent yards.
[2]
The intensity of development may be contingent upon the amount of parking permitted for any given lot. No parking shall be so extensive in proportion to the total area of any lot so as to detract from the residential character of the community. The maximum impervious surface ratio for the district may not be exceeded.
[3]
All drainage on-site shall be handled in accordance with the recommendations of the Municipal Engineer.
(i)
The owner must reside on the property used for residential conversion.
(13)
B-13 Assisted Living and Congregate Care Facilities. Residential facilities designed to house persons 65 and older who require assistance with daily living tasks and/or support systems such as meal preparation, house-keeping or transportation shall be permitted, provided they meet the following requirements:
[Amended 8-10-2005 by Amendment 24]
(a)
The number of residents living in such a facility shall not exceed 15 if the site is served by on-site septic disposal or 100 if public sewer service is provided. This number shall not include staff.
(b)
Buildings, outdoor use areas, parking and access drives shall be screened from view from adjacent residential zones.
(c)
All state and federal regulations which apply to the specific use proposed shall be met.
(d)
Parking shall be provided at the rate of 0.5 space per bed.
(14)
B-14 Community Residences (Group Homes). Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries shall be a permitted use in all residential districts of the Township, and the requirements therefor shall be the same as for single-family dwelling units located within such districts, as set forth in N.J.S.A. 40:55D-66.1 and as defined in N.J.S.A. 40:55D-66.2. The purpose of this use is to create a setting which most nearly approximates traditional family living arrangements for the developmentally disabled, victims of domestic violence, terminally ill and persons with head injuries. All group home structures shall have the appearance of single-family or other traditionally residential structures. In addition to any other applicable provisions of the zoning provisions of this chapter, the following standards must be met in order to qualify for this use:
[Amended 2-11-2004 by Amendment 21]
(a)
The number of persons living in a group home shall not exceed six. Support staff, which resides at the group home residence, shall not be included in the maximum number of six.
(b)
If any group home use is to be operated by a group, organization, corporation, etc., that is subject to state or local regulation, then said group, organization, corporation, etc., must comply with all appropriate regulations of any governmental agency authorized to regulate said group, organization, corporation, etc. Proof of compliance with all applicable regulations shall be furnished to the Municipal Zoning Officer within three months of the granting of the zoning permit.
(c)
One parking space shall be provided for each employee, plus one space for every two residents. Said parking spaces shall be constructed so that no more than two spaces appear in the front yard, thereby confining the remainder of the parking to the rear and side yards. Buffering requirements and landscaping requirements shall be in accordance with Article VII.
(d)
The minimum lot size for a group home shall be six acres in the AR Zone and three acres in the VR or VC Zone.
[Added 8-10-2005 by Amendment 24]
(15)
B-15 Guest Houses/Bed-and-breakfast. The use and occupancy of a detached dwelling shall be permitted for accommodating transient guest for rent, subject to the following additional conditions and restrictions:
(a)
No more than six guest rooms may be provided. No more than two adults and two children may occupy one guest room.
(b)
The minimum lot size shall be six acres.
[Amended 4-12-1995 by Amendment 9; 8-10-2005 by Amendment 24]
(c)
No external alterations, additions or changes to the exterior structure shall be permitted except as required by the State of New Jersey or any other governmental agency for safety reasons.
(d)
The use shall be carried on primarily by members of the immediate family which must reside on the premises. Nonresident employees shall be limited to two in addition to the resident members of the family.
(e)
There shall be no separate kitchen or cooking facilities in any guest room. Food shall be served only to guests on the premises.
(f)
The maximum uninterrupted length of stay at a guesthouse shall be 14 days.
(g)
The use of any amenities provided by the guesthouse, such as swimming pools or tennis courts, shall be restricted in use to guests of the establishment.
(h)
There shall be no use of show windows or display or advertising visible outside the premises to attract guests other than a single, nonilluminated sign which meets the regulations set forth in Article VIII of this chapter.
(i)
If the facility is served by an on-lot water supply system and/or an on-lot wastewater disposal system, the applicant shall demonstrate to the satisfaction of the Municipal Health Officer and the governing body that these on-lot facilities are adequate to serve the maximum number of guests which could be housed at the facility at any one time.
(j)
One off-street parking space shall be provided for each guest room, plus one space for each employee and two spaces for the owners of the property. The off-street parking spaces shall be located either to the rear of the main dwelling or screened from the roadway by a five-foot fence or plant material as specified in Article VII of this chapter.
(16)
B-16 Rural Estate Residence. A single-family detached residence with the following characteristics:
[Amended 6-10-1998 by Amendment 11; 8-14-2002 by Amendment 19]
(a)
A minimum lot size of 10 acres shall be required.
(b)
No natural resource mapping or site capacity calculations shall be required.
(c)
The rural estate residence can have frontage access on a common driveway, provided that the driveway meets the standards for common driveways in § 115-55.1 of this chapter. Lots with proposed frontage on a common driveway must provide evidence that the common driveway will be constructed and maintained to the common driveway standards in this chapter and that the common driveway as proposed will provide adequate access for emergency vehicles.
(d)
A deed restriction prohibiting further subdivision of the B-16 lots shall be required.
(e)
A minimum of two off-street parking spaces per unit shall be provided.
(f)
Special conditions regulating B-16 Rural Estate Residences in the AP Zone. A B-16 subdivision shall be permitted as a conditional use in the AP Zone where the following conditions are met:
[1]
No residential building envelope shall extend into the Clear Zone as shown in Figure 7 attached to N.J.A.C. 16:62[13] nor into an extension of the Clear Zone, measuring 250 feet wide, centered on the extension of the runway and extending to the end of the runway end subzone (the limit of the Airport Safety Zone).
[13]
Editor's Note: Figure 7, Clear Zone, is included at the end of this chapter.
[2]
The deeds for all new B-16 lots within the AP Zone shall include a deed restriction stating that the property owner agrees not to complain about airport and aircraft noise or operation if conducted in accordance with federal and state aviation regulations.
[3]
Any B-16 subdivision which will also be a residential air park shall meet the standards in § 115-22B(17) below.
(17)
Residential Air Park. A Residential Air Park is a single-family detached use either on an individual lot or as part of a residential development designed to permit residents to keep their personal airplane on the same premises as their residence with direct access for aircraft to an adjacent operating licensed airport.
[Amended 11-11-1998 by Amendment 12; 8-9-2000 by Amendment 13; 4-11-2001 by Amendment 15; 8-14-2002 by Amendment 19]
(a)
The use is permitted by right within the AP Airport Residential Air Park District and as a conditional use in the AB Airport Business District and in the AR District under additional conditions given below.
(b)
The total number of units allowed in a Residential Air Park is determined by dividing the gross acreage, excluding acres devoted to airport structures and facilities, by six, i.e., the total gross density shall be not greater than 0.166 units per acre. Individual units may be located on lots as small as three acres within the Airport Safety Zone (1 1/2 acres with the approval of the Commissioner of the NJDOT) or 1 1/2 acres outside the Airport Safety Zone, provided the remaining land is deed restricted from any other development with the exception of needed taxiways, traffic control or traffic safety devices related to the Residential Air Park use.
(c)
No residential building envelope shall extend into the Clear Zone as shown in Figure 7 attached to N.J.A.C. 16:62[14] nor into an extension of the Clear Zone, measuring 250 feet wide, centered on the extension of the runway and extending to the end of the runway end subzone (the limit of the Airport Safety Zone).
[14]
Editor's Note: Figure 7, Clear Zone, is included at the end of this chapter.
(d)
All owners of residential property designed for Residential Air Park Use shall enter into a deed restriction agreeing not to complain about airport noise or operation if conducted in accordance with federal and state aviation regulations.
(e)
Access to residences within a residential air park project shall be privately owned. Separate roads for cars and separate taxiways for airplanes or combined taxiways and road with adequate turnout areas are allowed within the air park. Except at controlled crossing points, no public street should have aircraft taxiing on it. Electric gates shall be installed at the entrance of the private access drive/taxiway from a public street. These gates shall be controlled from aircraft or from automobile vehicles.
(f)
All aircraft and other vehicles kept at the air park shall be owned or exclusively used by the owners of the lots.
(g)
All aircraft and vehicles not housed inside at an air park shall be currently licensed and inspected.
(h)
There shall be no rental of hangar space or commercial storage facilities or joint storage by members. Floor area of buildings utilized for storage of aircraft by each owner shall not exceed the floor area of the owner's residence.
(i)
In the Airport Business District, if property is being used for a nonresidential use other than airport, a residential air park is not permitted.
(j)
The farmstead density bonus of § 115-22B(10)(b) shall also apply to § 115-22B(17), B-17 Residential Air Park.
(k)
The accessory residential dwelling unit of § 115-22H(3) shall also apply to § 115-22B(17), B-17 Residential Air Park.
(l)
Aircraft hangars and access taxiways shall be set back a minimum of 100 feet from any property line that is not in the air park or AB Zone. To the extent possible and practical, developers of such uses are encouraged to increase these setbacks from non-B-17 uses. Within the air park, aircraft access taxiways shall be located either a minimum of 35 feet from any side yard or directly on the property line, to encourage common taxiways between lots within the air park.
(m)
Special conditions regulating B-17 Air Park in the AR Zone. A B-17 Air Park use shall be permitted as a conditional use in the AR District where all of the following conditions are met:
[2]
A B-17 use may only be permitted on lots that are contiguous to the Airport Safety Zone line as of January 1, 1996. For the purpose of this section, a "contiguous lot" shall be defined as a lot with a minimum of 50 linear feet directly adjacent to the Airport Safety Zone line.
[3]
B-17 lots and related facilities shall be located within 1,000 feet of the Airport Safety Zone line contiguous with the subject lot.
[4]
Aircraft hangars and access taxiways shall be set back a minimum of 100 feet from any property line abutting a residential zone or use that is not in the air park or AB Zone. To the extent possible and practical, developers of such uses are encouraged to increase these setbacks from non-B-17 lots. Within the air park, aircraft access taxiways shall be located no closer than 35 feet to any side yard or directly on the property line, to encourage common taxiways between lots within the air park. Hangars and taxiways developed in the AR Zone are encouraged to be placed as close as possible to the Airport Safety Zone.
[5]
Where more than one B-17 use is being developed, the development of shared taxiways to the Airport Safety Zone and runway shall be encouraged between adjacent B-17 uses.
[6]
Where a B-17 use is proposed on a parcel that has area both inside and outside of the Airport Safety Zone, the development of the Air Park Residence(s) are encouraged to be located outside of the Airport Safety Zone to the extent that the physical conditions of the parcel in question make this possible.
[7]
Where the development of multiple B-17 uses requires the crossing of a public road, a single controlled crossing point shall be identified for all aircraft originating from the Air Park development. The development of an Air Park use shall not be permitted where it requires an aircraft to cross a county road to access the airport runway. Any proposed aircraft crossing location shall be subject to all applicable traffic safety regulations.[15]
[15]
Editor’s Note: Former regulations for the B-18 Affordable Housing District, which immediately followed this subsection, were deleted 3-14-1990 by Amendment 5.01.
(18)
Preexisting B-19 minor subdivisions. Any B-19 lots which were created pursuant to former § 115-22B(18) (repealed by Ordinance 30) within six years prior to the filing of a subdivision for all or a portion of the remaining lands shall be subtracted from the total lot yield of the land to be subdivided. Total lot yield shall be calculated based on the area of the land to be subdivided plus the area of the B-19 lots and on the lot size required by the zoning (currently six areas in the AR Zone), not in the actual B-19 lot size.
[Added 9-13-2006 by Amendment 30]
(19)
(Reserved)
(20)
E-AR-AH Elderly Agricultural Residential Affordable Housing Overlay District. Provisions applicable within the E-AR-AH Elderly Agricultural Residential Affordable Housing Overlay District.
[Added 4-17-2018 by Ord. No. 2018-04]
(a)
All other applicable provisions of Chapter 115 of the Code of the Township of Alexandria not in conflict with the provisions stated herein shall apply to any development within the E-AR-AH Overlay District.
(b)
The following uses are permitted within the E-AR-AH Overlay District, provided that the minimum number of affordable units are provided, as follows:
[1]
Independent living: 100 units, of which 20% to 30% shall be affordable (20 to 30 units).
[2]
Assisted living units: 120 units, of which 30% shall be affordable (36 units).
[3]
Hospice care: 60 units (available on site to residents).
[4]
Adult day-care: 100 units (available on an in- and out-patient basis).
(c)
No development shall be approved unless it provides for water to be supplied to the development by a public utility company.
(d)
No development shall be approved unless it provides for the treatment of wastewater from the treatment plant of the Borough of Frenchtown.
(e)
Bulk and area requirements.
[1]
Table of Requirements.
Minimum lot area (tract) | 5 acres |
Minimum residential lot area | NA |
Minimum lot width (tract) | 100 feet |
Minimum lot depth (tract) | 125 feet |
Minimum front yard setback (tract)1 | 75 feet |
Minimum side yard setback (tract)1 | 40 feet |
Minimum rear yard setback (tract)1 | 50 feet |
Minimum setback from buildings onsite: | |
Front to front | 60 feet |
Front to side | 40 feet |
Side to side | 20 feet |
Rear to rear | 50 feet |
Rear to side | 30 feet |
Minimum building setback to internal roadway2 | 15 feet |
Maximum building coverage (residential) | 30% |
Maximum impervious coverage Residential lot coverage | 60% |
Maximum building height: | 35 feet/2 1/2 stories |
Maximum gross residential density | N/A |
Maximum units per building | |
Independent living | 100 units per building |
Assisted living | 120 units per building |
Parking setbacks: | |
From building | 10 feet |
From property line | 5 feet |
From existing public street | 25 feet |
Parking spaces; number | Per RSIS |
Parking stall size | 10 feet by 18 feet |
Drive aisle width | 24 feet |
Open space area, minimum3 | 15% of tract area |
NOTES: | |
|---|---|
1 | Patios, decks, and fences shall be located within required building setbacks. |
2 | Open porches and stairs permitted to be located closer to internal roadway. |
3 | Open space shall be arranged as common area situated between and among buildings from a central location within the development. Areas in required setbacks and landscaped buffers shall not be counted toward the minimum open space area. |
[2]
Building height. No building shall exceed 35 feet in height. Mechanical equipment or other utility hardware placed on the roof of any building shall be screened from public view and shall not exceed the height limitation in the zone.
(f)
The minimum distance between any two buildings shall be 25 feet.
(g)
Lighting shall be provided in accordance with a lighting plan approved by the Planning Board.
(h)
Landscaping and buffering shall be in accordance with Chapter 115, however a landscaped buffer not less than 25 feet in width shall be planted around the perimeter of the developed areas of any site in the E-AR-AH Overlay District where such perimeter abuts lands residentially zoned. When 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.
(i)
Sufficient off-street parking shall be provided to meet the needs of the residents, employees and guests of each use in accordance with the following standards:
[1]
Minimum number of parking spaces:
[a]
Assisted living facilities (ALF): 0.5 space per assisted living unit.
[b]
Independent living units: 1.0 space per dwelling unit (applicable to new construction only).
[c]
Congregate residences: 0.75 space per dwelling unit.
[d]
Adult day-care center: the applicant shall present documentation and testimony as to the anticipated parking demand in order for the Board to determine an appropriate parking requirement.
[2]
Minimum parking setback from any building: 10 feet.
[3]
Minimum parking setback from any property line: 25 feet.
[4]
There shall be no parking in the front yard.
(j)
Signage shall be in accordance with the following:
[1]
Each senior zone shall be permitted one freestanding sign no larger than 64 square feet in area identifying the name of the development.
[2]
The permitted freestanding sign shall not exceed six feet in height and shall be set back at least 25 feet from all property and right-of-way lines.
[3]
The freestanding sign shall be skirted with brick or similar material to enclose the supporting poles 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.
[4]
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.
[5]
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.
(k)
In addition to all other applicable provisions of Chapter 115, the Land Use Ordinance, not in conflict with the provisions stated herein, the following provisions shall apply to an assisted living facility (ALF):
[1]
Only one ALF shall be permitted within the E-AR-AH Overlay District.
[2]
ALFs 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. ALFs 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 decisionmaking while protecting residents' health and safety. ALFs 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, and also provides in certain instances licensed assisted living program services.
[3]
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. An 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.
[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]
Dining facilities, food preparation and availability of three meals a day in a congregate setting.
[f]
Organized social and indoor and outdoor recreational activities.
[g]
Medication reminders and supervision.
[h]
Monitoring of nutrition and health.
[i]
Protective supervision.
[j]
Twenty-four-hour response to emergency medical service needs of the residents.
[k]
Service coordination and management.
[l]
Entertainment.
[m]
Physical therapy.
[5]
The application for development shall include a statement setting forth in full detail all particulars of the building use.
[6]
A comprehensive traffic study shall be submitted with the application for development. This study will include a matrix with estimated 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 equal 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 basis for all estimates will be explained.
[7]
No ALF shall be operated in Alexandria Township unless duly licensed and approved by the New Jersey Department of Health and Senior Services.
[8]
There must be an adequate driveway for unobstructed ambulance access 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.
[9]
A safe and convenient system of driveways, walkways, access areas and parking facilities must be provided for the employees, doctors, management, visitors, ambulances, delivery vehicles and fire, police and other emergency vehicles.
[10]
The design of an ALF shall be functional and shall adequately provide for the health, welfare and safety of the residents, employees, visitors and general public.
[11]
Residents in the ALF shall be restricted to persons 62 years of age or older, except for the following persons:
[a]
A spouse under 62 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, privately employed as live-in private aides, or on the basis of friendship desire to live with an occupant who is 62 years of age or older; or
[c]
A person under 62 years of age who is admitted to the special needs unit of the ALF with Alzheimer's disease or a similar affliction or handicap.
[12]
An ALF shall be limited to a maximum of 120 assisted living units.
[13]
An ALF shall be required to provide units affordable to low- and moderate-income persons as defined by the New Jersey Fair Housing Act, the New Jersey Council on Affordable Housing (COAH) and Uniform Housing Affordability Controls with a minimum of at least 20 affordable units. 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:
[a]
A resident must qualify as moderate-income (between 50% and 80% of median income) or low-income (below 50% of median income). 13% of the units shall be affordable to persons who qualify as very-low-income (30% or less of median income).
[b]
At least half of the affordable units shall be affordable to a low-income household with at least 13% of the units affordable to a very-low-income household, which shall be included within the 50% of the units affordable to low-income households.
[c]
Rents must be affordable so as not to exceed 30% of gross monthly income and an allowance for utilities.
[d]
A deed restriction must be placed on the unit assuring that the unit will remain affordable to low- and moderate-income persons for a period of not less than 30 years.
[e]
The apartments must be affirmatively marketed to the COAH housing region.
[f]
Up to 80% of gross household income may be used for rent, food and services based on bedroom type. No more than 30% of the area median income may be charged for rent.
[g]
The combination of payments for rent and services may not exceed 80% of the household income by bedroom number.
[h]
Credit for affordable units will be based upon units, not bedrooms.
[i]
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.
[j]
Units reserved for Medicaid waiver residents shall be documented by the applicant as condition of certificate of occupancy.
(l)
Congregate residences and independent living units, singularly or in combination, are permitted in the E-AR-AH Overlay District. In addition to all other applicable provisions of Chapter 115 of the Code of the Township of Alexandria not in conflict with the provisions stated herein, the following provisions shall apply:
[1]
The application for development shall include a statement generally describing the health care and meal services for residents who will require congregate care.
[2]
Residents in the congregate residences and independent living units shall be restricted to persons 62 years of age or older, except for the following persons:
[a]
A spouse under 62 years of age married to and living with an occupant who is over that age; or
[b]
Persons over 21 years of age who are related to, privately employed as live-in aides, or on the basis of friendship desire to live with an occupant who is 62 years of age or older.
[c]
A maximum of two congregate or independent living units may be utilized for staff persons that live at the site.
[3]
At least 20% of all independent living and congregate dwelling units on any lot within the E-AR-AH Overlay District shall 1) be affordable to low- and moderate-income persons in accordance with Alexandria Township's Third Round Affordable Housing Ordinance (See § 53-1 et seq.) or 2) defined by Section 202 of the Federal Housing Act of 1959, as amended or the regulations thereunder. No market rate independent or congregate units shall be permitted unless the applicant demonstrates to the Alexandria Township Committee the lack of feasibility of 1) and 2) above which cannot be obtained after an exhaustive, diligent pursuit of all funding and grant sources available.
(21)
I-C/AH Affordable Housing Overlay District site design requirements.
[Added 4-17-2018 by Ord. No. 2018-04]
(a)
District requirements.
[1]
Site design. Any application for development or redevelopment shall include at least the following elements:
[a]
An overall development plan for the tract identifying residential housing types, building heights, floor areas of each building, the number of residential units and the square footage of units within each building.
[b]
Building design. The design of the buildings shall be residential and not institutional and shall conform to the following:
[i]
Architectural elevations and floor plans shall be provided for each type of building.
[ii]
Maximum length of buildings shall not exceed 225 feet.
[iii]
Variations in setback, materials, colors and design, including breaks in the building facade, shall be encouraged to reduce and separate the building mass.
[iv]
Pitched roofs are preferred. If flat roofs are provided, building design shall incorporate green design techniques (green roofs, solar) and shielding for any roof-mounted equipment, the design of which shall be subject to Planning Board approval.
[v]
All HVAC and mechanical equipment shall be located on the side or rear of each home and shall be adequately screened from view from neighboring residences on and off site.
[vi]
All multiple-family dwelling buildings and all accessory buildings and structures, including signs, shall be designed in a unified architectural style.
[vii]
Building design shall include spare electrical conduit to permit future installation of rooftop-mounted solar.
[viii]
Storage. Each multifamily dwelling shall include a minimum of 800 cubic feet of space that is not devoted to any other use such as HVAC.
[c]
Circulation and streetscape plan.
[i]
On tracts larger than 10 acres, a boulevard street entry shall be provided along with internal connections among residential buildings and parking areas.
[ii]
Pedestrian and/or bicycle circulation systems shall be designed to extend through and connect with open space and common areas and shall indicate the locations and types of materials to be used, including pavements, trees and other plantings and any street furniture. Sidewalks shall be provided on at least one side of the internal driveways and streets throughout the community, and a sidewalk shall be provided along the tract frontage with a public street.
[iii]
A traffic circulation analysis shall analyze traffic conditions in the project vicinity and identify existing traffic problem areas as well as the cumulative effect of traffic from all future residential development in the overlay zone. Shared parking arrangements are permissible with existing permitted uses, subject to a showing of parking sufficiency and only when shared parking is situated within 50 feet of the residential unit which it serves.
[iv]
The internal road circulation/alignment shall be designed to discourage cut-through traffic between and among separate tracts through the use of traffic calming techniques as may be recommended by qualified traffic engineers and accepted by the Planning Board.
[d]
Architectural elevations, renderings and floor plans.
[e]
Open space/landscape buffers.
[i]
Landscape design. The protection of wooded areas, specimen trees, and existing vegetation within the development areas shall be a factor in determining the location of open space, buildings, paved surfaces, underground services, walkways, and finished grade levels and shall be based on a survey of the natural features of the tract. A plan identifying these features shall be provided with a narrative explaining design considerations explaining selected locations where development is proposed based on the location of these features.
[ii]
Perimeter landscaping requirements. Landscaping shall be required along abutting streets and along tract boundaries. The minimum width of vegetation other than lawn or other ground cover shall be 25 feet. Existing vegetation which is of high quality and appropriate density shall be retained. Where existing vegetation is unsuitable, it shall be augmented or replaced by new plantings in accordance with a landscape plan submitted to and approved by the Planning Board. The perimeter landscape area shall be suitable for its function of site enhancement and screening and shall incorporate street trees as appropriate along existing public road frontage. Landscaping along streets shall allow for views and vistas into the site, while landscaping between land use changes shall be for screening purposes. Native vegetation should be utilized where possible due to its natural resistance to drought and disease and its acclimation to this area. Landscaping selected shall be consistent with published lists by the New Jersey Highlands Council. For each 100 linear feet of landscaping between nonresidential and residential land uses, five large or medium-sized trees (at maturity), eight small or ornamental trees, 15 evergreens or conifers and 30 shrubs (minimum size of 15 inches to 18 inches) shall be installed.
[iii]
Building within the required twenty-five-foot landscaping width. Public and private streets, bike and pedestrian paths affording access to the site may cross the required landscaping. Accessory structures such as utilities and signs approved as part of the signage plan, and traffic signal and streetlighting systems may be placed in the landscaping width, subject to Planning Board approval. However, no off-street parking facilities, stormwater management facilities trash/recycling enclosures, electrical transformers, underground utilities (excepting connections to off-site utilities or systems) or other buildings shall be constructed within this required width.
[iv]
Other site landscaping. All other landscaping on the site shall conform in type and species selection with New Jersey Highlands Council lists of indigenous vegetation to Alexandria Township.
[v]
A minimum of 20% of the tract shall be specifically set aside for conservation, recreation and/or other open space, which shall include any area available for civic uses and restricted due to utility easements.
[vi]
The site landscape design shall retain existing woodlands where feasible. However, when new development will be located in proximity to existing residences, site landscaping shall include a combination of berming and shrub and tree plantings along the common border between the site and off-site residential uses. This landscape buffer shall be established before the issuance of a building permit for any building within 150 feet of any off-site residential use.
[f]
Utility plan. All dwelling units within a structure shall be connected to approved and functioning public water and sanitary sewer systems prior to the issuance of certificates of occupancy.
[g]
Stormwater management plan. Stormwater designs shall be in a form as naturalized as possible and shall promote water quality, minimize maintenance and provide for groundwater recharge.
[h]
Lighting plan. A comprehensive lighting plan shall be submitted identifying the style, type and intensity of proposed lighting. All lighting shall be shielded to prevent direct view of any light source from any residential use (on- or off-site). In-service lighting inspections shall be required to ensure that this condition is met, which may require light fixture modifications where direct view of a light source from a residential use is found to exist.
C.
Religious, educational, recreational and institutional uses.
(1)
C-1 Place of Worship. Such use shall include a church, synagogue or other place of worship, provided that:
(a)
The use of the principal structure shall be for public worship with the intent of a community-based congregation.
(b)
Access shall be to a collector or arterial road as delineated in the Municipal Master Plan, as adopted.
(c)
Where said use abuts a residential use, the minimum yard shall be doubled.
(d)
The following shall be provided: One off-street parking space for each three seats provided for patron use, or at least one off-street parking space for each 40 square feet of gross floor area used or intended to be used for service of patrons, guests or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each full-time employee. Parking areas shall be adequately screened when situated next to land zones for or in residential use.
[Amended 4-8-1992 by Amendment 7]
(2)
C-2 School. A school shall include a private school, religious or nonreligious, and a public school which is not conducted as a private, gainful business and is licensed under the proper governmental authority, provided that:
(a)
The minimum lot area for an elementary school shall be 10 acres, plus one acre for each 100 students of projected maximum enrollment of the school in excess of 1,000 students. The minimum lot area for a junior high or middle school shall be 20 acres, plus one acre for each 100 students of projected maximum enrollment of the school in excess of 1,000 students. The minimum lot area for a high school shall be 30 acres, plus one acre for each 100 students of projected maximum enrollment of the school in excess of 1,000 students.
(b)
Access shall be onto an arterial or collector road as delineated in the Municipal Master Plan.
(c)
Outdoor play areas shall be screened so as to protect adjacent residential neighborhoods from inappropriate noise and other disturbances.
(d)
Parking:
[1]
Elementary school, kindergarten, junior high school or middle school: No less than one off-street parking space for each faculty member and employee, plus one space per two classrooms, shall be provided.
[2]
Senior high school: No less than one off-street parking space per faculty member and employee, plus one space per 10 students of projected building capacity, shall be provided.
(3)
C-3 Commercial School. Such use shall include an art studio, music or dancing school, martial arts academy, sports clinic, or other similar uses as determined by the Board of Adjustment, provided that:
[Amended 8-10-2005 by Amendment 24]
(a)
No less than one off-street parking space per faculty member and employee, plus two spaces per three students shall be provided. Parking areas shall be adequately screened when situated next to land zoned for or in residential use.
(4)
C-4 Library or Museum. Such use shall include a library or museum open to the public or connected with a permitted educational use and not conducted as a private, gainful business, provided that:
(a)
No less than one parking space per five seats, or one space per 220 square feet of gross floor area where no seats are provided, shall be provided. Parking areas shall be adequately screened when situated next to land zoned for or in residential use.
(5)
C-5 Recreational Facility. Such use shall include a recreational facility, wildlife refuge or park, owned or operated by the municipality, other governmental agency, quasi-public association or homeowners' association, provided that:
(a)
No outdoor active recreational area shall be located nearer to any lot line than 100 feet.
(b)
Outdoor play areas shall be sufficiently screened and isolated so as to protect the neighborhood from inappropriate noise and other disturbances.
(c)
No less than one off-street parking space for each five persons of total design capacity of the facility shall be provided. Parking areas shall be adequately screened when situated next to land zoned for or in residential use.
(d)
No artificial lighting shall be used for outdoor active recreational activities.
[Added 2-13-2002 by Amendment 17]
(6)
C-6 Athletic Facility. Such use shall include a recreational facility owned or operated by a nongovernmental agency, including outdoor facilities and buildings for indoor court games played with a ball, such as racquetball, handball, squash, tennis, basketball and volleyball and facilities related thereto, provided that:
(a)
A minimum lot size of three acres is required.
[Amended 8-10-2005 by Amendment 24]
(b)
The use shall not permit amusement parks, wildlife parks or zoos.
[Amended 8-10-2005 by Amendment 24]
(c)
No outdoor active recreational area shall be located nearer to any lot line than 100 feet.
(d)
Outdoor play areas shall be sufficiently screened and isolated so as to protect the neighborhood from inappropriate noise and other disturbances.
(e)
Parking.
[1]
Driving range: No less than one off-street parking space for every tee shall be provided.
[2]
Other facilities: No less than one off-street parking space for each five persons of total design capacity of the facility or at least one off-street parking space for each 50 square feet of floor area used or intended to be used for service to customers, patrons, clients, guests or members, whichever requires the greater number of off-street parking spaces, shall be provided.
(7)
C-7 Golf Course. A golf course may include a nine- or eighteen-hole golf course, a club house, restaurant and other accessory uses, provided that these are clearly accessory to the golf course, and is subject to the following provisions:
(a)
A lot area of not less than 140 acres for an 18-hole golf course and 70 acres for a 9-hole golf course shall be required.
(b)
No building shall be closer than 100 feet to any lot line.
(c)
A buffer shall be provided, in accordance with the provisions of Article VII, along side and rear property lines where abutting properties are in any residential district.
(d)
One off-street parking space per four people of total design capacity, including accessory uses, shall be provided.
(8)
C-8 Private Club. A private club is a nonprofit association supported by dues or fees imposed on a uniform basis upon all members and paid at least in part for membership status, rather than for periodic use of the club's facilities, includes but is not limited to fraternal, school, athletic or other associations with rules, bylaws, charters or local or national affiliation and is based on membership of persons with common interests, pursuits or purposes and subject to the following additional provisions:
[Amended 8-10-2005 by Amendment 24]
(a)
The use shall be for members and their authorized guests only.
(b)
In the AR Zone, new clubs shall meet the minimum lot size and bulk standards for single-family detached dwellings. Where allowed elsewhere, they shall meet the lot size and bulk standards for the zone.
(c)
In the AR Zone, there shall be no outdoor activities; and buildings, parking areas and access drives shall be screened from adjacent residential lots.
(d)
No less than one off-street parking space for every five persons of total design capacity of the facility or at least one off-street parking space for each 50 square feet of floor area used or intended to be used for service to customers, patrons, clients, guests or members, whichever requires the greater number of off-street parking spaces, shall be provided.
(9)
C-9 Community Center. A community center shall include an educational center or other similar facility operated by an educational, philanthropic or religious institution, subject to the following additional provisions:
[Amended 8-10-2005 by Amendment 24]
(a)
The use shall not be conducted as a private, gainful business.
(b)
For new construction in residential zones, the use will meet the minimum lot size and setback standards for single-family detached dwellings; in nonresidential zones, the use will meet the minimum bulk standards as indicated in the zone.
(c)
No outdoor recreational area shall be located nearer to any lot line than 100 feet; such areas shall be screened from residential view and shall not be provided with any kind of sports light to allow use after daylight hours.
(d)
No less than one off-street parking space for every five persons of total design capacity of the facility, or at least one off-street parking space for each 50 square feet of floor area used or intended to be used for service to customers, patrons, clients, guests or members, whichever requires the greater number of off-street parking spaces, shall be provided.
(10)
C-10 Day Nursery. Such use shall include a day nursery, nursery school or other agency giving day care to children, subject to the following additional provisions:
(a)
The minimum lot area shall be equivalent to the minimum lot area for single-family detached units for each applicable district.
(b)
Where allowed, the use shall be permitted only as an accessory use to a single-family residence or place of worship.
[Amended 8-10-2005 by Amendment 24]
(c)
A maximum of 20 children shall be permitted for day nurseries in residential zones. In other zones, size shall be controlled by the state day care facility licensing board.
(d)
Outdoor play areas shall be sufficiently screened so as to protect the neighborhood from inappropriate noise and other disturbances.
(e)
No less than one off-street parking space shall be provided for every five children. Parking shall be adequately screened when situated next to land zoned for or in residential use.
(11)
C-11 Nursing Home. Such use shall include a licensed nursing or convalescent home, subject to the following additional provisions:
(12)
C-12 Cemetery. A cemetery shall include a burial place or graveyard, including a mausoleum or columbarium, provided that:
[Amended 8-10-2005 by Amendment 24]
(a)
Cemetery area and bulk standards.
[1]
The minimum lot size shall be 25 acres for cemeteries with inground burial plots. Where only mausoleums or columbaria are used, the minimum lot size shall be six acres.
[2]
Not more than 20% of the entire area may be devoted to aboveground buildings not serving as burial markers or memorials, such as cemetery-related offices, chapels, and maintenance facilities. This restriction includes parking facilities.
[3]
All buildings shall be a minimum of 100 feet from any property line.
[4]
A twenty-foot vegetated buffer strip shall be provided between any burial site and the cemetery property line.
[5]
If the cemetery area exceeds 50 acres, one dwelling, to be used for custodial personnel, may be permitted. If the cemetery area is less than 50 acres, there shall be no dwellings.
(b)
Cemetery design standards.
[1]
The maximum height of mausoleums, columbaria and other burial structures shall be 20 feet.
[2]
The maximum height of other allowed buildings, including dwelling units where permitted, shall be two stories not to exceed 35 feet. Accessory maintenance facilities shall not exceed 16 feet.
[3]
For all entrance features, including gates, fountains, statuary, identification signs and the like:
[a]
There shall be not more than two identification signs at such entrance, and the same shall conform to Article VIII.
[b]
The main portion of entrance features shall be located at least 10 feet from the nearest right-of-way line of any public street.
[c]
No such entrance features shall exceed 12 feet in height.
(c)
Parking requirements shall be as follows:
(13)
C-13 Municipal Building. Such use shall include a municipal administration building, municipal police station or road maintenance facility, provided that:
(a)
No less than one off-street parking space for every employee, plus one space for every two seats in meeting areas, shall be provided.
(14)
C-14 Municipal Recycling Facility. Such use shall include an area of land, with or without buildings, that is used for the storage of refuse or discarded materials administered by the municipality for the purpose of recycling, including but not limited to wastepaper, rags, metal, building materials, house furnishings, machinery, vehicles and parts thereof, provided that:
(a)
The proposed use of an area shall not be detrimental to adjacent land uses.
(b)
There shall be maximum lot size of seven acres.
(c)
Such use shall be a minimum of 200 feet from any public road as measured from the center line of the road.
(d)
The land area used for such purposes shall not be exposed to public view from any residence or public street or road.
(e)
Such uses shall be entirely enclosed by a solid fence or wall, at least six feet high and constructed of plank boards, brick, cinder block or concrete, with access only through solid gates. Such fence or wall shall be kept in good repair and neatly painted in uniform color.
(f)
A dense evergreen buffer shall be provided on the outside perimeter of the fenced area. Evergreens shall be four to five feet in height and planted on ten-foot staggered centers.
(g)
The contents of such use shall not be placed or deposited to a height greater than the height of the fence or wall herein prescribed.
(h)
There shall be no compacting of automobiles and no storage of auto chassis from which usable parts have been removed.
(i)
The storage of paper shall be within a building.
(j)
The storage of toxic chemicals shall be prohibited.
(k)
Dumping of trash or land fill operations and burning of any materials shall specifically be prohibited.
(l)
All such uses shall be sealed from groundwater contamination and shall provide groundwater monitoring wells in accordance with the requirements of the municipality.
(m)
No less than one parking space for every 470 square feet of gross floor area shall be provided, plus one space for each company vehicle normally stored on the premises. All parking shall be screened.
(15)
C-15 Golf-Driving Range. Such use shall include a golf driving range, putting green, miniature golf course, and accessory uses, such as a refreshment stand, a maintenance shed, and a pro shop, and is subject to the following provisions:
[Amended 8-10-2005 by Amendment 24]
D.
Office uses.
(1)
D-1 Professional Services. Professional services shall include the offices of a physician, lawyer, optometrist, clergyman, teacher, dentist, architect, engineer, insurance agent, real estate broker and manufacturers representative and similar professional offices which do not include the actual storage, exchange or delivery of merchandise in the premises, provided that:
(a)
Such use shall be carried on wholly indoors and within the principal building.
(b)
No office building shall include a store, beauty shop or other personal service shop.
(c)
No office building shall include retail commercial characteristics, such as storefronts or store windows, which detract materially from the character of the district or surrounding area.
[Amended 8-10-2005 by Amendment 24]
(d)
No structure designed for office use erected or renovated after the effective date of this chapter shall include any dwelling unit or units, except in the VC Zone, where residential units shall be allowed above the first floor.
[Amended 8-10-2005 by Amendment 24]
(2)
D-2 Medical Clinic. Such use shall include a building or buildings with multiple offices for more than one physician or dentist for examination or treatment of persons as outpatients and laboratories incidental thereto, provided that:
[Amended 8-10-2005 by Amendment 24]
(a)
Such use shall be carried on wholly indoors and within the principal building.
(b)
No medical building shall include a store, beauty shop or other personal service shop.
(c)
No medical building shall include retail characteristics, such as storefronts or store windows, which detract materially from the character of the district or surrounding neighborhood.
(d)
No structure designed for medical use erected or renovated after the effective date of this chapter shall include any dwelling unit or units, except in the VC Zone, where residential units shall be allowed above the first floor.
(3)
D-3 Office. Such use shall include a building or group of buildings for a business, business administration, professional or governmental office use, provided that:
[Amended 8-10-2005 by Amendment 24]
(a)
Such use shall be carried on wholly indoors and within the principal building.
(b)
No building shall include a store, beauty shop or other personal service shop.
(c)
No building shall include retail characteristics, such as storefronts or store windows, which detract materially from the character of the district or surrounding neighborhood.
(d)
No structure designed for office use erected or renovated after the effective date of this chapter shall include any dwelling unit or units, except in the VC Zone, where residential units shall be allowed above the first floor.
(4)
D-4 Recreational Facility/Conference Center. Such uses shall be designed to provide lodging, food service, recreation, entertainment, resource facilities, meeting rooms and/or program areas for temporary residents participating in conference, seminar, training, camp or retreat programs and are allowed, provided that acceptable wastewater management is achievable with an approved individual or community disposal system, designed in accordance with an approved wastewater management plan.
[Amended 7-13-1988 by Amendment 1; 8-10-2005 by Amendment 24]
(a)
A minimum site area of 60 acres is required.
(b)
Maximum floor area ratio shall be limited to 5%; maximum lot coverage shall be limited to 10%.
(c)
Parking:
[1]
Parking for the recreational facility/conference center: no less than one off-street parking space for each five persons of total design capacity of the facility.
[2]
Where shared transportation is provided to the facility, the parking requirement may be adjusted; however, provision must be made to handle on-site circulation and parking for any vans or buses used for such transportation. Temporary parking areas may be provided for occasional use for overflow parking needs.
(5)
D-5 Low-Density Corporate Office. Such use shall be limited to single occupancy corporate offices and are only allowed, provided that acceptable wastewater management is achievable with an approved individual or community disposal system, designed in accordance with an approved wastewater management plan.
[Amended 8-10-2005 by Amendment 24]
E.
Retail and consumer services uses.
(1)
E-1 Retail Shop. A retail shop shall include a store selling apparel, baked goods, books, confections, drugs, dry goods, flowers, foodstuffs, furniture, gifts, hardware, household appliances, jewelry, liquor, milk, notions, periodicals, shoes, stationery, tobacco, toys, paint, records, cards, novelties, hobby and art supplies, music, luggage, sporting goods, pets, floor covering, garden supplies, plants, fabrics and beer and soft drinks, provided that:
(2)
E-2 Large Retail Store. A large retail store shall include a store with greater than 10,000 square feet of floor area, including, regardless of size, any variety store, supermarket, department store and discount store, provided that:
(3)
E-3 Service Business. A service business shall include such uses as a barber, beautician, laundry and dry cleaning (whether or not coin operated), shoe repair, tailor, photographer, newspaper, printer and travel agency, provided that:
(4)
E4 Financial Establishment. A financial establishment shall include a bank, savings and loan association, credit union or other financial establishment, provided that:
(5)
(6)
E-6 Eating Place, Drive-In. Such use shall include cafeterias and eating establishments in which the principal business is the sale of foods and/or beverages in ready-to-consume state for consumption either within the restaurant building or for carry-out with consumption off the premises, provided that:
(a)
The use must have direct access to a collector or arterial street.
(b)
There shall be only one point of ingress and only one point of egress per collector or arterial street.
(c)
Where a drive-in window is proposed, a stacking lane shall be provided to serve a minimum of 10 cars. The stacking lane shall not be used for parking lot circulation aisles, nor shall it in any way conflict with through circulation or parking.
(d)
A pedestrian walkway shall be provided between an existing sidewalk and the entrance to the restaurant. If there is no sidewalk, one shall be provided along the street frontage.
(e)
All such restaurants shall provide a trash storage area which shall be screened from the street and adjacent properties, in accordance with Article VII herein, to prevent trash from blowing from the area and to permit safe and easy removal of the trash.
(f)
Trash receptacles shall be provided outside the restaurant for patron use.
(7)
E-7 Repair Shop. A repair shop shall include any business for the repair of appliances, lawn mowers, watches, guns, bicycles, locks and small business machines, but not including automobile, vehicle and motorcycle repairs, provided that:
(8)
E-8 Inn. Such use shall include a building or group of buildings containing no more than 20 rooms for rent for the accommodation of transient guests, plus an eating place, Use E-5, provided that:
[Amended 8-10-2005 by Amendment 24]
(a)
The use must have direct access to a collector or arterial street.
(b)
Units in such facilities shall contain a minimum of 200 square feet of floor space, with a minimum of two rooms: a bedroom and a separate bathroom equipped with a toilet, a lavatory basin and a bathtub or shower, all connected to an acceptable wastewater disposal system, designed in accordance with an approved wastewater management plan.
(c)
No less than one off-street parking space shall be provided for each guest room, in addition to any parking required for any eating place not for the exclusive use of guests.
(9)
(10)
E-10 Service Station. A service station shall include a building or group of buildings for the sale of petroleum products, tires and automotive service, provided that:
(a)
Minimum lot width of not less than 200 feet shall be provided along each street on which the lot abuts.
(b)
The minimum lot area shall be one acre.
(c)
Access to roads shall be at least 50 feet from the intersection of any streets.
(d)
All fuel tanks shall be placed underground.
(e)
All pumps, lifts and other service facilities shall be located not closer than 35 feet to any lot or street line.
(f)
No vehicle shall be stored in the open, except those awaiting minor repairs, for a period exceeding seven consecutive days, unless screened from adjacent roads or residential properties.
(g)
All lubricating, making of minor repairs or similar activities shall be performed in an enclosed building.
(h)
Separate accessways shall be provided for the safe and convenient egress and ingress of motor vehicles. No accessway shall exceed 35 feet in width, nor be less than 15 feet in width.
(i)
Access to the street shall be physically controlled by a concrete curbing at least eight inches in height.
(j)
All parking, access and outdoor service areas shall be graded, surfaced, drained and suitably maintained to the satisfaction of the Township Engineer to the extent necessary to avoid nuisances of dust, erosion or excessive water flow across streets.
(k)
All automobile parts and similar articles shall be stored within a building.
(l)
All refuse shall be stored within a building or enclosed area.
(m)
Paint-spraying or body and fender work shall not be permitted.
(n)
Junk vehicles shall not be stored in the open at any time.
(o)
The sale or rental of automobiles, trucks, trailers or other vehicles shall be prohibited.
(p)
Convenience shopping shall be permitted as an accessory use to the sale of petroleum products, provided that:
[Amended 8-10-2005 by Amendment 24]
(11)
E-11 Automotive Sales. Automotive sales include the sale and lease of automobiles by a duly franchised new car, boat or motorcycle dealership; used car, boat or motorcycle sales; or car, truck, trailer, motorcycle and/or boat rentals; farm machinery or travel campers; provided that:
(a)
The minimum lot size shall be six acres.
(b)
All outside lighting shall be directed in such a way as not to create a nuisance to any adjacent property, and all lighting shall be arranged and shielded so as to protect the street or highway and adjoining property from direct glare or hazardous interference of any kind.
(c)
Such use shall be set back from the right-of-way a minimum of 100 feet. Storage and/or display of sale items shall be set back a minimum of 50 feet from the right-of-way and 25 feet from side and rear property lines.
[Amended 8-10-2005 by Amendment 24]
(12)
E-12 Automotive Body Repair. Such use shall include paint spraying, body and fender work, provided that:
[Amended 8-10-2005 by Amendment 24]
(13)
E-13 Automotive Accessories. Such use shall include the sale of automotive accessories, parts, tires, batteries and other supplies, provided that:
(14)
E-14 Car Wash. Such use may be conducted as either a freestanding facility or conjunction with Use E-10, E-11, or E-12, provided that:
[Amended 8-10-2005 by Amendment 24]
(a)
Minimum lot area shall be one acre.
(b)
Access to roads shall be at least 50 feet from the intersection of any streets.
(c)
The car wash shall include a water recycling system.
(d)
Stacking shall be provided for a minimum of two cars per self-wash and five cars per automatic wash bay.
(e)
Parking shall be provided at the rate of 1/2 space per self-wash and three spaces per automatic wash.
(15)
E-15 Shopping Center. Such use shall include a building or a group of buildings, designed as a planned complex of related structures and circulation patterns, subject to the following additional criteria:
(a)
Such centers shall be at least 10 acres in extent.
(b)
The majority of all parking shall be provided in separate areas surrounding any group of shopping buildings.
(c)
A major landscaped pedestrian and bicycle path system shall provide access to the adjacent community.
(f)
Groups of stores with less than 45,000 square feet gross leasable floor area need not have a mall area.
(g)
For a group of stores greater than 45,001 square feet gross leasable floor area, a mall shall be provided.
(h)
At least 20% of the area devoted to pedestrian circulation in all malls shall be landscaped to include planting, sculpture, fountains and other pedestrian amenities.
(i)
Parking. Parking requirements are:
(16)
E-16 Commercial Conversion. Such use shall include the conversion of an existing structure or group of structures into a commercial use, provided that:
(17)
E-17 Tavern. Such use shall include an establishment which serves alcoholic beverages for on-premises consumption and which is licensed by the State of New Jersey, provided that:
(18)
E-18 Convenience Shopping. Such use shall include individual stores or a group or planned cluster of stores intended for quick carry-out trade, such as a small grocery, delicatessen, newsstand, laundry, etc., provided that:
(19)
E-19 Funeral Home. Such use shall include a mortuary or funeral home, provided that:
(20)
E-20 Veterinary Office or Clinic. Such use shall include the office of veterinarian. Such use shall be subject to the following provisions:
[Amended 8-10-2005 by Amendment 24]
(a)
Where permitted in the zone, attached A-5 animal kennels shall be permitted, but only in compliance with the A-5 use requirements. In zones where use A-5 is not permitted, overnight boarding of animals shall be limited to veterinary patients requiring medical services only.
(21)
E-21 Farmer's Market. A market consisting of booths and stalls which is organized, owned and operated by farmers to sell produce and farm products to the general public.
(a)
The minimum lot area is two acres.
(b)
A maximum of 500 square feet of selling area for any one individual farmer or retailer shall be permitted.
(c)
Sales are limited to farm products and services, craftsman produced goods and food services.
(d)
A minimum stall size shall be six feet by nine feet with aisle widths of 12 feet.
(e)
No less than two off-street parking spaces shall be provided for each stall or one per 125 square feet of gross floor area, whichever is greater.
[Amended 8-10-2005 by Amendment 24]
(23)
E-23 Garden Supply and Hardware Stores. A retail store devoted to the sale of plants, seeds, tools, garden furniture, lawn mowers and power equipment and related accessory activities.
(a)
No less than one off-street parking space shall be provided for every 250 square feet of gross floor area of retail space.
F.
All common carriers, public utilities and public service organizations.
(1)
F-1 Utility Operating Facility. Such use shall include a transformer station, pumping station, relay station, tower (transmission or relay but excluding wireless telecommunications equipment and facilities), substation, sewage treatment plant and any public or private utility, not including a public incinerator and public or private landfill, provided that:
[Amended 3-10-1999]
(a)
Such installation is essential to serve the Township of Alexandria.
(b)
A fifty-foot buffer yard shall be provided along all property lines in accordance with the buffer requirements in Article VII herein.
(c)
There shall be an impact statement which shall evaluate the impact of the proposed land use on the district and on surrounding land uses. Such statement shall include assessments of the impacts on the following:
(d)
No zoning permit shall be required for utilities to be located in public streets or right-of-way.
(2)
F-2 Emergency Services. Emergency services shall include fire, ambulance, rescue and other emergency services of a municipal or volunteer nature.
(a)
For facilities without a community room, there shall be a minimum lot size of 1.5 acres.
(b)
For facilities with a community room, there shall be a minimum lot size of three acres.
(c)
No less than one off-street parking space shall be provided for every employee on the two major shifts at maximum employment, or four off-street parking spaces for each fire truck where no community room is part of the building, whichever requires the greater number of parking spaces. Where a community room is provided, two off-street parking spaces shall be provided for each fire truck, plus one off-street parking space for each 100 square feet of gross floor area. All off-street parking requirements shall be determined by the number of trucks, if there is no community room on the premises, or the requirements for community rooms, if it applies. All parking areas shall be screened in accordance with Article VII herein.
(4)
F-4 Airport or Aircraft Landing Field. Such use shall include any landing area, runway or other facility designed, used, or intended to be used either publicly or privately by any person or persons for the landing and taking off of aircraft, including all necessary taxiways, aircraft storage, tie-down areas, heliports, aircraft sales, rental service, repair, storage, aircraft fuel storage and dispensing equipment, charter services, and flying schools, passenger terminals, hangars and shops for furnishing parts, supplies, merchandise and equipment for aircraft, manufacturing, assembling, repair and sale of small aircraft, air frames, aircraft engines, aircraft parts, and components such as radios, transmitters, and navigational equipment, provided:
[Amended 11-11-1998 by Amendment 12]
(a)
Minimum lot area shall conform to the requirements of the New Jersey Department of Transportation, Bureau of Aviation.
(b)
A minimum of 10 off-street spaces, plus 10 off-street parking spaces per employee, shall be provided.
(c)
Fuel storage and distribution uses associated with the airport shall be set back no less than 200 feet from any adjacent non-airport property and the placement, construction and maintenance of such facilities shall be consistent with all local, state, and federal requirements.
(5)
F-5 Wireless Telecommunications Equipment and Facilities.
[Added 3-10-1999]
(a)
A wireless telecommunications facility may consist of the following wireless telecommunications equipment:
[1]
Wireless telecommunications antenna: a system of electrical conductors that transmit or receive radio frequency signals, digital signals, analog signals, or electromagnetic waves for wireless communication.
[2]
Wireless telecommunications equipment compound: a fenced-in area which houses any combination of wireless telecommunications structures, buildings, antennas, equipment and/or towers.
[3]
Wireless telecommunications tower: a vertical structure used to support wireless telecommunications antennas.
(b)
The installation of wireless telecommunications antennas on existing structures shall be a permitted use in the IC, Industrial Commercial Zone, and a conditional use in all other zone districts in the Township. The installation of wireless telecommunications towers shall be a conditional use, permitted in the IC Zone only. An equipment compound may accompany the installation of either an antenna or tower. All of the above uses shall be subject to the design standards of § 115-55.2.
(c)
Wireless telecommunications antennas may be located on any existing structure (e.g., building, barn, silo, steeple) which is permitted in the zone. Such antennas shall not exceed 10 feet above the highest point of the structure and shall be designed to blend with that structure. Any associated equipment should be contained either directly within that structure, within another existing ancillary structure, or within a new structure designed to simulate an accessory building to the principal use on the site and subject to the zone regulations for an accessory structure.
(d)
Wireless telecommunications antennas located on an existing structure shall be subject to minor site plan approval. Wireless telecommunications towers shall be subject to major site plan approval.
(e)
Wireless telecommunications antennas, in any district other than the IC District, shall meet the following conditions:
[1]
Demonstration of need for a wireless telecommunications antenna at the proposed location. Such evidence shall describe in detail the wireless telecommunications network layout and its coverage area requirements and the need for new wireless telecommunications facilities at a specific location within the Township.
[2]
Report from a qualified expert certifying that the wireless telecommunications antenna and the building to which it is attached will comply with the structural and wind loading requirements as set forth in the BOCA Code; or the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard, entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended; or such other code as may apply to these facilities, including a description of the number and type of antennas it is designed to accommodate.
[3]
Wireless telecommunications equipment may be installed in support of an antenna. Such equipment should be contained either directly within the mounting structure for the antenna, within another ancillary structure, or within a new structure designed to simulate an accessory building to the principal use on the site. Any new building shall not exceed 1,500 square feet for the accessory equipment or the height limitation for accessory buildings for the zone. New buildings designed solely for wireless telecommunications equipment shall be screened and shielded from public view and shall be secured to prevent unauthorized entry.
(f)
Wireless telecommunications towers shall meet the following conditions:
[Amended 7-8-2015 by Ord. No. 2015-02]
[1]
Demonstration of need for a wireless telecommunications tower at the proposed location. Such evidence shall describe in detail the wireless telecommunications network layout and its coverage area requirements and the need for new wireless telecommunications facilities at a specific location within the Township.
[2]
Proof that the applicant has exercised its best efforts to locate the wireless telecommunications antennas on an existing building or structure, rather than on the proposed tower. Evidence demonstrating that no existing wireless telecommunications tower or building or structure can accommodate the provider's proposed antenna may consist of any of the following:
[a]
No existing towers or structures are located within the geographic area that is necessary to meet the provider's radio frequency engineering requirement to provide reliable coverage.
[b]
Existing towers or structures are not of sufficient height and cannot be made to be of sufficient height to meet the provider's radio frequency engineering requirements.
[c]
The provider's proposed antenna would cause electromagnetic interference with antennas on existing towers or structures or the antennas on the existing towers or structures would cause interference with the provider's proposed antenna.
[d]
The fees, cost, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are patently unreasonable. Actual, direct costs exceeding new tower design, development, and construction are presumed to be patently unreasonable.
[e]
The provider demonstrates that there are other limiting factors that render existing towers or structures unsuitable.
[3]
Provision of the location of all existing communication towers and other structures over 35 feet in height within the applicant's search area; and provision of competent testimony by a radio frequency engineer regarding the suitability of each location so identified.
[4]
Where a suitable location on an existing structure or tower is found to exist, but the applicant is unable to secure an agreement to collocate its equipment on such tower or other structure, the applicant shall provide sufficient written evidence of its attempts to collocate.
[5]
Proof that the applicant has exercised its best efforts to site its wireless telecommunications antenna on an existing building or structure prior to the consideration of a tower location. Such information shall include, but not be limited to, a list of the structures over 35 feet compiled under Subsection F(5)(f)[3] above, including block and lot numbers and locations; the block and lot number of any parcel for which the wireless provider has attempted to secure a lease or purchase agreement; and copies of all correspondence from and between the provider and the property owner.
[6]
Sites for wireless communications towers shall meet the following bulk requirements:
[a]
Minimum lot size: 10 acres in the AR Zone; six acres all other zones, but not less than two acres on nonconforming substandard size lots.
[Amended 7-8-2015 by Ord. No. 2015-02]
[b]
Minimum setback from any property line: twice the height of the tower.
[Amended 7-8-2015 by Ord. No. 2015-02]
[c]
Minimum setback from any existing residential building: 500 feet.
[d]
Minimum setback for equipment compound from any property line: 75 feet.
[e]
Maximum height of tower: 100 feet for single vendors; 120 feet for two vendors; 140 feet for three or more vendors.
[f]
Maximum height of antenna: 10 feet beyond the top of the tower.
[7]
Report from a qualified expert certifying that the wireless telecommunications tower and equipment facility comply with the latest structural and wind loading requirements as set forth in the BOCA Code; or the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard, entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended; or such other code as may apply to these facilities, including a description of the number and type of antennas it is designed to accommodate.
[8]
A binding, irrevocable letter of commitment by the applicant to lease excess space on the tower to other potential users at prevailing market rates and conditions. The applicant's counsel shall simultaneously submit a separate opinion of counsel expressing such counsel's opinion as to the enforceability of such binding, irrevocable letter of commitment by the Township under the laws of the State of New Jersey. The letter of commitment shall be recorded prior to issuance of a building permit. The letter shall commit and be binding upon the tower owner and successors in interest.
(6)
F-6 Major Solar or Photovoltaic Energy Facilities and/or Structures. All major solar or photovoltaic energy facility and/or structure installations shall comply with the following conditional use standards:
[Added 12-12-2012 by Ord. No. 2012-10-24]
(a)
The minimum lot size for major solar or photovoltaic energy facilities and structures shall be 12 acres.
(b)
Permitted height. The maximum permitted vertical height above ground for solar and photovoltaic energy panels shall be 15 feet.
(c)
No topsoil identified as being prime farmland and farmlands of statewide importance as identified by the USDA Natural Resources Conservation Service shall be removed from any site upon which major solar or photovoltaic energy facilities and structures are constructed. (NOTE: Prime farmlands include all those soils in Land Capability Class I and selected soils from Land Capability Class II. Prime farmland is land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber and oilseed crops and is also available for these uses. It has the soil quality, growing season, and moisture supply needed to economically produce sustained high yields of crops when treated and managed according to acceptable farming methods, prime farmlands are not excessively erodible or saturated with water for a long period of time, and they either do not flood frequently or are protected from flooding. Farmlands of statewide importance include those soils in land capability Classes II and III that do not meet the criteria as prime farmland. These soils are nearly prime farmland and economically produce high yields of crops when treated and managed according to acceptable farming methods. Some may produce yields as high as prime farmland if conditions are favorable.) Grading within prime farmland and farmlands of statewide importance shall be limited to only that necessary to construct access roads, for construction of inverter and switching equipment pads, and as may be required for construction of landscaped berms where determined necessary to achieve the objectives of § 115-22F(6)(e) and (f). All grading activities shall be performed in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey and subject to review and approval by the Township Engineer.
(d)
Major solar or photovoltaic energy facilities and structures shall not occupy any area beyond the required principal building setbacks for the zone in which the facility is to be located, exclusive of utility pole required for interconnection of the facility to the electrical grid. In no case shall the minimum setback be less than 50 feet from the property line or right-of-way.
(e)
Major solar and photovoltaic energy facilities and structures shall be screened by a combination of landscaping and fencing along all property boundaries or at the outermost edges of areas occupied by solar photovoltaic facilities and structures. The screening buffer shall not be less than 50 feet in width in accordance with the screening provisions established at § 115-39B so as to constitute an effective screen and give maximum protection and immediate visual screening. The screening buffer shall consist of a combination of landscaping with a security barrier behind the landscaping (See additional landscape screening design standards found at § 115-45C, D and E.).
(f)
A security barrier shall be installed behind the required landscaping and shall 1) secure the facility at all times, 2) restrict access to all electrical wiring that may be readily accessible, and 3) be in conformance with the Uniform Construction Code. One or more access gates to the facility shall be provided. Each access gate shall include a sign identifying the parties responsible for 1) operation of the major solar and photovoltaic energy facilities and structures, 2) maintenance of the facility, and 3) maintenance of the landscaping and security fence. All transformers and high-voltage equipment shall be situated within a compound, which shall be enclosed within a security fence and access gate, which shall remain locked at all times.
(g)
All ground areas of the facility that are occupied by solar panels and arrays and not utilized as access roads shall be planted and maintained with shade-tolerant grasses for the purpose of soil stabilization. The use of stone shall not be permitted for soil erosion control and soil stabilization. All soil erosion control and soil stabilization shall be in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey (see § 115-45F).
(h)
Ground areas beneath the major solar and photovoltaic energy facilities and structures (i.e., panels, arrays) shall be maintained with shade-tolerant grass and shall not be covered with stone (see § 115-45F). Stone or other compacted surface materials may be utilized only for the construction of the access roads and the pads upon which the inverters and switching equipment for the facility will be located.
(i)
Solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the system, which shall not be visible from the property line, except in accordance with ordinance requirements for site labeling.
(j)
Decommissioning plan. All applications for a major solar facility shall be accompanied by a decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with removal of solar energy systems. Prior to removal of solar energy systems, a demolition permit for removal activities shall be obtained from the Alexandria Township Construction Official. Prior to issuance of a demolition permit, the owner or operator of the facility shall post a performance bond to ensure removal of the facility or systems in accordance with the decommissioning plan. Removal of solar energy systems shall be conducted by an electrician licensed in the State of New Jersey (see § 115-45H).
G.
Industrial uses.
(1)
G-1 Manufacturing. Manufacturing uses shall include but not be limited to the production, processing, cleaning and testing of materials, goods, foodstuffs and products, provided that:
(2)
G-2 Research. Such uses shall include a research or testing facility and an experimental laboratory, provided that:
(3)
G-3 Wholesale. Wholesale use shall include wholesale storage business, including a farm cooperative within a roofed structure, provided that:
(4)
G-4 Mini Storage. Such use shall include the storage of items, limited to personal property generally stored in residential structures, within a warehouse structure or mini warehouse structure, provided that:
(a)
Such use shall be surrounded by a physical barrier measuring at least six feet in height (See buffer standards in Article VII).
(b)
The minimum driveway width between buildings shall be 20 feet.
(c)
Each structure shall exceed 6,000 square feet in size.
(d)
No business activity other than leasing of storage units shall be permitted.
(e)
All storage shall be within enclosed buildings.
(f)
Explosive, radioactive or highly flammable materials, as defined in Article VI herein, and automobiles shall be prohibited.
(g)
No less than one off-street parking space for each 2,000 square feet of gross floor area of storage shall be provided; plus one space for each company vehicle normally stored on the premises; plus one space for each 10,000 square feet of gross floor area of storage, to be located at the project office. All parking shall be screened in accordance with Article VII herein.
(5)
G-5 Printing. Such use shall include printing, publishing and binding, provided that:
(6)
G-6 Contracting. Contracting shall include offices and supply shops, such as building supplies, cement, electric, heating, plumbing, masonry, painting, landscaping and roofing, provided that:
(a)
No less than 10 off-street parking spaces for every nine employees, or one space for every 470 square feet of gross floor area, whichever requires the greater number of spaces, shall be provided, plus one space for each company vehicle normally stored on the premises. All parking shall be screened in accordance with Article VII herein.
(8)
G-9 Lumberyard. Such use shall include a lumberyard and may include millworking as an accessory use, provided that:
(a)
Such use, if located in a planned commercial district, shall have a permanent screen of stockade fencing and buffering.
(b)
No less than 10 off-street parking spaces for every nine employees, or one space for every 470 square feet of gross floor area, whichever requires the greater number of spaces, shall be provided, plus one space for each company vehicle normally stored on the premises. All parking shall be screened in accordance with Article VII herein.
(9)
G-10 Trades. Such use shall include a plumbing shop, carpentry shop, electrical shop, cabinet making, furniture-making and other similar trades, provided that:
(a)
This use shall not include outside storage.
(10)
G-11 Fuel Storage and Distribution. Such use shall include fuel storage and distribution tanks and related buildings, provided that:
(a)
The maximum lot area shall be six acres.
(b)
No retail sales will be permitted on the premises.
(c)
Such use shall be required to submit an impact statement outlining the impact of the facility on the surrounding land uses and the district. The impact statement shall discuss the following effects:
(11)
G-12 Building Materials Sale and Equipment Storage Yards. Such use shall include a lumberyard, and the storage and sale of finished products used in building construction, such as concrete and metal pipes and rental and storage of construction equipment, provided that:
(a)
The rental of construction equipment is permitted.
(b)
Millworking is permitted as an accessory use.
(c)
Storage yards shall be fully enclosed by fencing and landscaping.
(d)
The storage of flammable or toxic gases and liquids and the production and mixing of asphalt and concrete is prohibited.
(e)
One space per 500 square feet of retail sales area, plus one space for each company vehicle normally stored on the premises, shall be provided.
(12)
G-13 Ornamental Ironworks. Such use shall include buildings and land devoted to the production and sale of decorative and ornamental ironworks, such as gratings and fences, provided that:
(a)
One off-street parking space per employee, plus two customer spaces, shall be provided.
(13)
G-14 Monument Works. Such use shall include buildings and land devoted to the creation and sale of inscribed stone or other markers at a grave, the carving of stone or the combination of raw materials for memorials or aesthetic features, provided that:
(a)
Two customer parking spaces shall be provided.
H.
Accessory uses.
(1)
H-1 Home Occupation. This use shall include all home businesses, provided that:
(a)
The home occupation shall be accessory to a residence and carried on wholly indoors and within a dwelling or other structure accessory thereto and shall be clearly incidental and subordinate to its use for residential purposes by its occupants.
(b)
There shall be no use of show windows, display or advertising visible outside the premises, except as provided for signs in Subsection H(1)(d) below.
[Amended 8-10-2005 by Amendment 24]
(c)
There shall be no exterior storage of materials or parking of commercial vehicles.
(d)
In no way shall the appearance of the residential structure be altered or the occupation within the residences be conducted in a manner which would cause the premises to differ from the residential character by the use of colors, materials, construction, lighting, show windows or advertising visible outside the premises to attract customers or clients, other than an identification sign not exceeding two square feet in residential zones and meeting the sign requirements in nonresidential zones.
[Amended 8-10-2005 by Amendment 24]
(e)
No articles shall be sold or offered for sale except such as may be produced on the premises.
(f)
Servicing by commercial vehicles for supplies and materials in excess of two trucks per week shall not be permitted.
(g)
In residential zones, the minimum lot size required for a home occupation shall be the lot size required for a single-family detached unit, and the home occupation shall be carried on only by inhabitants of the dwelling; in nonresidential zones, there shall be not more than three additional employees.
[Amended 8-10-2005 by Amendment 24]
(h)
The floor area devoted to a home occupation shall not be more than 25% of the ground floor area of the principal residential structure, or 500 square feet, whichever is less.
(i)
The use shall not include the following: animal hospital, commercial stable and kennel, funeral parlor and undertaking establishment, restaurant, rooming, boarding and lodging house, and clinic or hospital.
(j)
No equipment or process shall be used in such employment or occupation which creates discernible noise, vibration, glare, fumes, odors or electrical interference at the property line, and no equipment or process shall be used which creates visual or audible interference in any radio or television receiver off the lot or causes fluctuations in line voltage off the lot.
(k)
A permit is required from the Planning Board, after a hearing with required notice and publication.
(l)
Accessory buildings used for a home occupation use must have been in existence prior to the adoption of this chapter.
(m)
No additional parking shall be created in any residential zone. In nonresidential zones, no more than three additional off-street parking spaces shall be provided in addition to those required for normal residential use. Such parking shall be provided on the lot of the residence.
[Amended 8-10-2005 by Amendment 24]
(2)
H-2 Residential Accessory Structure (excludes accessory residential dwelling units). Such use shall include a residential accessory structure or use, including but not limited to:
(a)
Parking spaces for the parking of passenger automobiles and the parking of commercial vehicles not exceeding one ton loading capacity within a completely enclosed building.
(b)
Structures such as walls, with a maximum height of seven feet, require no setback.
[Amended 12-8-2010 by Ord. No. 2010-11-014]
(c)
Buildings, such as storage sheds, bath houses and private greenhouses, provided that they meet the following requirements:
[Amended 4-8-1992 by Amendment 7; 8-10-2005 by Amendment 24]
[1]
All buildings with a floor area of less than 100 square feet shall be no closer than 12 feet to any property line.
[2]
Buildings with a floor area greater than 100 square feet are not permitted in front yards. Buildings with a floor area greater than 100 square feet but not taller than 16 feet may be located in the side or rear yard with a minimum setback from the yard line of 12 feet.
[Amended 12-8-2010 by Ord. No. 2010-11-014]
(3)
H-2a Accessory Residential Dwelling Unit.
(a)
A maximum of one attached/detached accessory residential dwelling structure shall be permitted only in the AR, VR, VC, IC, LB and AB Districts on lots having at least 40 acres and whose principal use is a farm.
[Amended 11-11-1998 by Amendment 12]
(b)
Such a structure shall be utilized by domestic servants, caretakers, farm labor or family members and for occasional gratuitous guests.
(c)
Bulk requirements of the AR District apply.
(d)
No less than one off-street parking space shall be allocated to the accessory residential dwelling unit.
[Amended 4-8-1992 by Amendment 7]
(3.1) | Affordable Accessory Apartment Unit. [Added 11-27-2000 by Amendment 14; amended 8-10-2005 by Amendment 24; 2-12-2020 by Ord. No. 2020-001] | ||||
(a) | General requirements and conditions. Affordable accessory apartment units shall be permitted as a conditional use in all zoning districts in the Township of Alexandria, provided that the use and buildings shall adhere to the following minimum standards and conditions and the use shall be accessory to a permitted principal use on the land: | ||||
[1] | No more than one affordable accessory apartment unit per lot shall be permitted. | ||||
[2] | No more than a total of three affordable accessory apartment units shall be created under this subsection through July 2025. | ||||
[3] | The affordable accessory apartment unit shall comply with all applicable statutes and regulations of the State of New Jersey in addition to all local building codes. | ||||
[4] | An affordable accessory apartment unit shall, for a period of at least 10 years from the date of the issuance of a certificate of occupancy, be rented only to a low- or moderate-income qualified household as defined by applicable Council on Affordable Housing (COAH) and Uniform Housing Affordability Controls (UHAC) regulations at the time of initial occupancy of the unit. | ||||
[5] | Rents of affordable accessory apartment units shall be affordable to very-low-, and moderate-income households as per applicable COAH and UHAC regulations, or by Court order, and shall include a utility allowance. | ||||
[6] | Rent increases shall be in accordance with COAH or Court-approved percentages. | ||||
[7] | There shall be a recorded deed or declaration of covenants and restrictions applied to the property upon which the affordable accessory unit is located running with the land and limiting its subsequent rental or sale within the requirements of Subsection H(a)[2], [3], [4] and [5] above. | ||||
[8] | Each affordable accessory apartment unit shall have living/sleeping space, cooking facilities, a kitchen sink and complete sanitary facilities for the exclusive use of its occupants. It shall consist of no fewer than two rooms, one of which shall be a full bathroom consisting of at least a toilet, sink, shower and door separating the bathroom unit from the other rooms in the unit. | ||||
[9] | The affordable accessory apartment unit shall have a separate door with direct access to the outdoors. | ||||
[10] | The potable water supply and sewage disposal system for the affordable accessory apartment unit shall be adequate to service the unit. Department of Health certification of the adequacy of the sewage disposal system serving the units shall be submitted with a conditional use application for an affordable accessory apartment. | ||||
[11] | During the period in which affordability controls are in place, the affordable accessory apartment unit shall be affirmatively marketed to the housing region in accordance with applicable COAH and UHAC regulations, as well as § 53-5.15, Affirmative marketing requirements. | ||||
[12] | Affordable accessory apartment units may be located in an existing accessory building so long as the existing building footprint of the building is maintained. Any additions to a principal or accessory building to accommodate an affordable accessory unit shall conform to the setback requirements for principal buildings in the district. | ||||
[13] | New freestanding accessory buildings containing affordable accessory apartment units shall conform to the setback requirements for principal buildings in the district. | ||||
[14] | Affordable accessory apartment units are exempt from bedroom mix requirements in N.J.A.C. 5:93-7.3.[18] | ||||
[15] | A municipal affordable housing trust fund subsidy of $10,000 per moderate-income affordable accessory apartment units and $11,980 per low-income affordable accessory apartment unit shall be provided to create the affordable accessory apartment unit. | ||||
(b) | Other requirements. | ||||
[1] | All standards and requirements of the zone district, except as modified by this section, shall apply. | ||||
[2] | |||||
[3] | The total number of parking spaces required shall be met on site in compliance with RSIS for the principal dwelling and accessory apartment. The accessory apartment parking demand is calculated using the "Garden Apartment" classification in RSIS. If parking for an accessory apartment is added, screening is required sufficient to minimize the visual impact on adjoining residential uses, which shall include evergreen or dense deciduous plantings, walls, fences, or a combination or a combination of the four. | ||||
[4] | Exterior alterations are permitted, provided that they are in keeping with the architectural integrity of the structure, and the look, character and scale of the surrounding neighborhood as viewed from the street, including, but not limited to, the following considerations: | ||||
[a] | The exterior finish material should be the same or visually consistent in type, size, and placement, as the exterior finish material of the remainder of the building; | ||||
[b] | The roof pitch should be consistent with the predominant roof pitch of the remainder of the building; | ||||
[c] | Trim should be consistent in type, size, and location as the trim used on the remainder of the building; | ||||
[d] | Windows should be consistent with those of the remainder of the building in proportion and orientation; | ||||
[e] | Exterior staircases should be designed to minimize visual intrusion and be complementary to the existing building. | ||||
(c) | Administrative entity. The Township's designated Administrative Agent is the entity that will administer the Township's accessory apartment program. The Administrative Agent shall administer the program in accordance with applicable COAH and UHAC regulations and pursuant to the following procedures and requirements | ||||
[1] | The administrative responsibilities of the Administrative Agent include, but are not limited to, advertising, income qualifying prospective renters, setting rents and annual rental increases, maintaining a waiting list, distributing the subsidy, securing the certificates of occupancy, qualifying properties, handling application forms, filing deed restrictions and monitoring reports and affirmatively marketing the accessory unit program. | ||||
[2] | Applicants for accessory apartment units shall submit required application forms and documentation directly to the Township's Zoning Officer, who shall transmit application material to the Township's Administrative Agent. The Township's Administrative Agent shall only approve an application for an accessory apartment unit if the project is in conformance with applicable COAH and UHAC requirements, the Township's Zoning Ordinance and Development Regulations, any applicable Court orders or Court-approved agreements, and this section. All approvals or denials shall be in writing with the reasons clearly stated. | ||||
[3] | In accordance with applicable COAH or UHAC requirements, the Township shall subsidize the physical creation of an affordable accessory apartment unit in accordance with current COAH and UHAC minimum requirements or such additional amount as determined necessary by the Township or the Court to create either a low- and moderate-income unit meeting COAH and UHAC requirements. Prior to the grant of such subsidy, the property owner shall enter into a written agreement with the Township ensuring that: (1) the subsidy shall be used to create the affordable accessory apartment unit; and (2) the unit shall meet the requirements of this section and all applicable COAH and UHAC regulations. | ||||
(d) | Submission requirements and application procedures. Applicants for the creation of an affordable accessory apartment unit shall submit an application for a development permit and the required application information to the Township's Zoning Officer, who shall submit a copy of the application to the Township's Administrative Agent, the administrative entity for the program. | ||||
[1] | Applicants shall submit the same information required for an application for a single-family dwelling, along with the following additional requirements: | ||||
[a] | For an affordable accessory apartment unit located within a principal building, a sketch of the floor plan(s) of the unit showing the location, size and relationship to both the affordable accessory apartment unit and the primary dwelling unit in the building. | ||||
[b] | For an affordable accessory apartment unit located in an accessory building, the floor plan(s) of the affordable accessory apartment unit and for all other rooms and building elements in the accessory building not used for residential purposes and their use (i.e., storage, garage, etc.). | ||||
[c] | Elevations showing any new construction and modifications of any exterior building facades to which changes are proposed. | ||||
[d] | A site development sketch showing the location of the principal building and accessory buildings, all property lines, proposed additions if any, along with the minimum building setback line, the required parking spaces for both dwelling units, and any site conditions which might affect development. | ||||
[2] | The Zoning Officer shall process the application in accordance with normal procedures. The issuance of a development permit or any affirmative action by a municipal agency shall be preceded by or conditioned upon approval by the Township's Administrative Agent pursuant to this section. | ||||
(e) | Conversion of existing accessory apartment unit. Accessory apartment units created prior to the adoption of this subsection or without proper permits may be converted to a low- and moderate-income affordable accessory unit under the provisions of this section consistent with N.J.A.C. 5:93-5.9 of COAH's Prior Round regulations. All the requirements of this section and applicable COAH and UHAC regulations shall apply, except that the Township shall not provide a subsidy unit. | ||||
(3.2) | H-2c ECHO Accessory Residential Dwelling Unit. An ECHO unit shall be considered as an accessory conditional use to an existing residential structure and use on any residentially used lot, where permitted in the zone. This use is designed to provide an affordable alternative to assisted living, nursing home or boarding home care, so that immediate relatives, 60 years of age or older, may live nearby but not in the same housing unit. The ECHO unit shall be easily removable when it is no longer needed. [Added 10-8-2003 by Amendment 20] | ||||
(a) | Occupancy standards. An ECHO unit is for the use and occupancy by not more than two persons, one of whom is related by blood, marriage or adoption to the owner of the primary dwelling and who shall occupy the primary residence on the premises. The unit may also house one professional caregiver if the unit is only occupied by one qualified individual. One of the ECHO unit-related occupants shall be at least 60 years of age. Should the qualified occupant vacate the unit, the caregiver and/or nonqualified occupant must also vacate the unit within 60 days. | ||||
(b) | The owner of the primary dwelling shall file an annual letter with the Township Zoning Officer certifying the continuing compliance by the permittee with the conditions of the original permit issuance. In the event of the death or permanent change of address of the occupant(s) of the ECHO unit, the owner of the primary dwelling shall give written notice to the Zoning Officer within 30 days of the change. Within 90 days of the death or permanent change of address of the occupant(s) of the ECHO unit, the ECHO unit shall be removed from the premises and written notification of such shall be given to the Zoning Officer. The Zoning Officer shall have the discretion to extend the time for removal upon written request and reasonable cause. Within 60 days of the removal of the ECHO unit, the lot shall be restored to the status prior to the installation of the unit. The owner of the primary dwelling shall give written notification of such to the Zoning Officer within this time period. | ||||
(c) | An ECHO unit shall be subject to the following conditions: | ||||
[1] | Minimum lot size required shall be 1.5 acres. On lots containing either an H-2 or H-2b Accessory Dwelling, the minimum lot size shall be six acres. | ||||
[2] | ECHO units shall meet the setbacks for the principal structure. In nonresidential zones, the setbacks shall be those residential standards most closely comparable to the property's lot size. | ||||
[3] | ECHO units shall not be located within the front yard and they may only be placed in the side yard area, provided that buffering is provided to screen the unit from view from the street and adjoining neighbors and approved by the Board. The preferred location is within the rear yard, behind the existing principal residential structure. | ||||
[4] | Only one ECHO shall be permitted per lot, and it shall meet the following requirements: | ||||
[a] | It shall be federally or state labeled pursuant to the National Manufactured Home Construction and Safety Standards Act of 1994 or N.J.A.C. 5:23-4A, whichever is applicable. | ||||
[b] | It shall not exceed 720 square feet of gross floor area. | ||||
[c] | It shall contain a kitchen (without a garbage disposal), living facilities, not more than two bedrooms, and a single bathroom equipped with low flow plumbing fixtures as required by the Plumbing Subcode of the Uniform Construction Code. | ||||
[d] | It shall be self-contained, barrier-free, energy efficient and capable of being moved to another site. | ||||
[5] | Written approval of existing well and septic systems by the County Department of Health shall be submitted along with the conditional use application to the Township Planning Board. The existing septic system may be expanded if necessary, but a separate septic system shall not be created for the unit. | ||||
[18]
Editor's Note: In accordance with N.J.S.A. 52:14B-5.1b, Chapter 93, Substantive Rules of the New Jersey Council on Affordable Housing for the Period Beginning June 6, 1994, expired on 10-16-2016.
(4)
H-3 Boarding. Boarding shall include the keeping of not more than two roomers, boarders or lodgers as an accessory use within the principal structure for a B-1 use and shall be permitted, provided that:
(a)
(b)
Any dwelling converted shall be occupied in part by the owner or his or her agent.
(c)
No additional rooms shall be constructed for this purpose.
(d)
No less than two off-street parking spaces shall be permitted per dwelling unit.
(5)
H-4 Accessory Building. Such use shall include an accessory building or structure or uses customarily incidental to uses permitted in the VC, LB, IC, AB, AP and I Districts, provided that:
[Amended 8-10-2005 by Amendment 24]
(6)
H-5 Outside Storage.
(a)
Outside storage, other than storage as a primary use of the land, necessary but incidental to the normal operation of a primary use, subject to the following additional provisions:
[1]
No part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use, no required parking areas and no part of the required front yard shall be occupied by outside storage.
[2]
Outside storage areas shall occupy an area of less than 1/2 of the existing building coverage.
[3]
Outside storage areas shall be located no closer to the side and rear property line than 1/3 of the required setback distance for the zone and shall be shielded from view from the public streets.
[Amended 8-10-2005 by Amendment 24]
(b)
Uses requiring more substantial amounts of land area for storage, such as any nursery (Use A-8), automotive sales (E-11) or lumberyards (G-7) may be exempt from the provisions of Subsections H(6)(a)[2] and H(6)(a)[3]. For these and other similar uses, no more than 25% of the lot area shall be used for outside storage. Among the uses that shall not be considered appropriate for inclusion under this provision are: retail shop (E-1), repair shop (E-7), service station (E-10), automobile repair (E-12), automotive accessories (E-13), car wash (E-14), wholesale (G-3), contracting (G-4) and trades (G-10).
[Amended 8-10-2005 by Amendment 24]
(c)
The storage of tractor trailers, panel trucks, vans and similar vehicles which supply or service establishments in commercial or industrial districts shall be permitted, provided that such vehicles shall be used by the establishment in the normal conduct of their business.
(7)
H-6 Temporary Structures and Vehicles. Such use shall include a temporary structure, vehicle or use. A temporary permit may be issued for structures or uses necessary during construction or other special circumstances or a nonrecurring nature, subject to the following additional provisions:
(a)
The time period of the initial permit shall be six months. This permit may be renewed for three-month time periods.
[Amended 12-10-1997]
(b)
Temporary nonconforming structures or uses shall be subject to authorization by the Zoning Officer or governing body.
(c)
Such structure or use shall be removed completely within 30 days of the expiration of the permit without cost to the municipality.
(d)
(Reserved)[19]
[19]
Editor’s Note: Former § 115-22H(7)(d), regarding storage of recreational vehicles and boats, was repealed 8-10-2005 by Amendment 24. See § 115-22H(11), H-10 Recreational Vehicles.
(e)
Tractor trailers shall not be permitted to be parked on the street in residential districts.
(8)
H-7 Swimming Pool. A swimming pool shall be permitted as an accessory to a residential use, provided that:
(a)
Swimming pools, in general:
[1]
No person, owner or occupant of land shall install or maintain a swimming pool or other artificial body of water capable of being filled to a depth exceeding 18 inches at the deepest or lowest point unless a permit is first obtained from the local enforcement officer and the required plans and information are filed, together with required permit fees. Ornamental pools and wading pools which do not exceed 18 inches in depth are exempt from these provisions.
[2]
In-ground swimming pools shall be permitted in side or rear yards with a minimum setback of 12 feet to the water's edge. Aboveground pools shall be permitted in side or rear yards with a minimum setback of 12 feet for any part of the pool, including but not limited to the ladders, deck and walkways.
[Amended 8-10-2005 by Amendment 24; 12-8-2010 by Ord. No. 2010-11-014]
[3]
Building permits are required prior to the construction, alteration, remodeling or addition to a swimming pool or other artificial water areas not specifically exempt from this chapter.
[4]
No person, owner or occupant of land shall install or maintain a nonexempt wading pool as defined in this chapter unless a permit is obtained from the local enforcement officer and written approval obtained upon inspection and subject to the discretion of the inspecting officer, except as hereinafter provided.
(b)
Any pool or water area subject hereto shall be suitably designed, located and maintained so as not to become a nuisance or hazard either to adjoining property owners or the public generally. All detachable ladders shall be removed when the pool is not in use.
(c)
Outdoor lighting, if used, shall be installed in such a way as to be shielded and not to reflect toward or into the interior of adjacent residential properties.
(d)
All electrical work connected with the pool and all equipment incidental thereto shall comply with all underwriters' regulations and must be inspected and certified by an electrical underwriter's inspection agency prior to the issuance of a certificate of compliance. In no event may said pool be used prior to such approval.
(e)
If pools are connected to any water, sewer or public utility line, there must be installed a separate valve controlling such line, both as to supply and drainage, and a permit must be obtained prior to installation from the agency furnishing such utility service. A minimum isolation distance of 25 feet shall be required between a swimming pool and any sewage disposal system.
(f)
Approved filtration systems and circulators must be provided for all pools, except such exempt or nonexempt wading pools as are emptied on a daily basis as hereinafter provided.
(g)
All pool installations shall conform to all applicable building codes.
(h)
In no case shall water in the pool or pool area be permitted to emit an offensive odor or create any unhealthful condition. Further, it shall be a violation of this chapter to cause or allow drainage onto adjoining land, public or private; provided, however, that the building officer may issue a permit for drainage into storm sewers at his or her discretion.
(i)
No pool shall be located under any electric power lines, including service lines, and the pool must be located at least 10 feet, measured horizontally, from such power lines.
(j)
No water shall be placed in the pool until a fence, as required by this chapter, has been completed.
(k)
Fencing of pools.
[1]
Permanent swimming pools above or below ground must be completely enclosed with a minimum four-foot-high fence, building wall or other material constructed and installed in compliance with applicable building code requirements.
[Amended 8-10-2005 by Amendment 24]
[2]
Swimming pools equipped with surrounding elevated walkways that are at least four feet above the ground need not be fenced if the construction is such that it prevents access to the water by small children and ladders or steps from the ground are removed or the pool is made inaccessible, when not attended.
(9)
H-8 Accessory Retail. Such use as catalog or party sales which is accessory to a primary residential use, provided that:
(10)
H-9 Dwelling in Combination with a Business. One apartment accessory to a primary commercial, office or industrial use shall include an owner-occupied apartment located to the rear of or over a business, provided that the regulations governing residential conversion shall be met.
(11)
H-10 Recreational Vehicles. No more than one recreational vehicle/camper and one boat per dwelling shall be permitted to be parked outside, provided that they are stored behind the front setback line of the property and within all other setback lines as required by the district in which it is located.
[Amended 8-10-2005 by Amendment 24]
(12)
[20]H-11 Minor solar or photovoltaic energy facility and/or structures. Minor solar or photovoltaic energy facility and/or structures shall be a permitted accessory use(s) in all zoning districts and shall comply with the following requirements and may be established subject to review and approval by the Zoning Officer and Construction Official:
[Added 12-12-2012 by Ord. No. 2012-10-24]
(a)
For a residential dwelling roof-mounted system, the panels and equipment shall not extend more than 12 inches above the roofline or the highest point of the roof structure;
(b)
All residential dwelling roof-mounted systems shall be provided with adequate area on the roof for firefighters to ventilate all planes of the roof upon which solar panels are installed, as follows:
[1]
At least four feet of clear area across the top of the roof along the ridgeline and four feet on both sides of the roof leading to the ridgeline shall remain clear of any solar or photovoltaic panels.
[2]
Roofs with cross gable and/or valley shall provide four feet clear of any panels, to allow firefighters access to the roof, which shall be provided as at least two feet clear of panels on either side of the center of all valleys.
[3]
These design standards shall be subject to review and approval by the Construction Official.
(c)
A minor solar or photovoltaic energy facility and/or structures mounted to the roof of a barn or detached garage shall conform to the requirements of § 115-45G(1)(a) and (b).
(d)
For a ground-mounted system, systems consisting of 11 or more panels shall be situated more than 50 feet from the nearest property boundary line.
(e)
Maximum panel height for ground-mounted systems shall be 15 feet.
(f)
Site labeling. Each site containing a solar or photovoltaic energy facility shall include a sign indicating that the energy facility exists on site, indicating whether the system is a roof- or ground-mounted system. Such sign shall be conspicuously mounted at the driveway entry to the site.
[20]
Editor’s Note: Former § 115-22H(12), H-12 Accessory Use for Agricultural Purposes, was repealed 8-10-2005 by Amendment 24.