Andover Township City Zoning Code
ARTICLE V
Use and Bulk Regulations
§ 190-34 Tables.
The use and bulk requirements for each zone are as set forth in Tables 1 through 5, located at the end of this chapter.
§ 190-35 Lot averaging development.
[Amended 9-14-2005 by Ord. No. 2005-19]
A.
A. On any tract of 25 acres or more in size in the R-3, R-2.5, and R-2 Zones, lot averaging development as defined in Article II is permitted. The minimum lot size may be reduced as indicated in Table 5 (located at the end of this chapter). The number of lot-averaged lots shall not exceed the number of lots obtainable using conventional zoning in conformance with subdivision requirements, land use ordinances, and NJDEP restrictions.
B.
Preservation areas. Any development using the lot averaging option shall permanently deed restrict environmentally sensitive areas, including wetlands, floodplains and steep slopes. Building envelopes shall be located so as to protect environmentally sensitive areas.
C.
All lots created using the lot averaging development option shall be deed restricted to preclude future subdivision of the lot.
D.
All developments using the lot averaging development provision shall be required to demonstrate to the satisfaction of the reviewing board that the total number of lots and residential units proposed could be approved in a conventional subdivision of the property without utilizing the lot averaging development provisions. A qualifying map shall be presented to the reviewing board for review and approval prior to any approval of a lot size averaging subdivision plan.
E.
The conserved land or any portion of thereof may be dedicated to the Township if the Township of Andover accepts the dedication.
§ 190-36 Private housing of equine animals.
A.
The private housing of equine animals is a permitted accessory use in the R-1, R-2, R-2.5 and R-3 Zones as indicated in Table 1 at the end of this chapter, provided the lot is large enough to provide one acre for the house and two acres for the first horse, with one additional acre for each additional horse. Private housing of equine animals is prohibited in all R-0.5 Zones.
[Amended 5-11-2009 by Ord. No. 2009-15]
B.
Structures. Housing of equine animals must be provided in permanent, anchored barns for all horses on the property at which the horses are kept beyond two days and two nights. Each horse must be provided with a box stall or straight stall. Horses shall not be housed in horse travel trailers. Barns shall be further regulated according to the following:
(1)
Each box stall should be at least 100 square feet.
(2)
Each straight stall should be at least five feet by eight feet.
(3)
The minimum floor area of a barn should be 125 square feet.
(4)
Enclosed roofed storage must be provided for hay, straw, feed and tack.
(5)
Rodent-proof feed containers must be provided and used.
(6)
Barns must be located in the rear yard.
(7)
Barns must be located no closer than 75 feet to the sides or back property line boundaries.
C.
Disposition of manure.
(1)
Manure may not be kept in any area of the fifty-year floodplain or within 50 feet of any brooks or watercourses.
(2)
The manure disposal area must be in a low-profile position, cause no nuisance, and be at least 50 feet from a property line and no closer than 200 feet to any other existing residential purpose permanent building or structure, attached garage, swimming pool, tennis court or patio located on adjoining premises.
(3)
The manure must be collected from the barn area and maintained or disposed of in a sanitary manner. If stored, a covered enclosure or covered pit should be provided to prevent offensive odors, fly breeding and other nuisances.
D.
Horse vans and trailers. Vehicles intended for the transportation of recreational horses, such as vans and trailers, may be stored on the premises provided they do not violate the provisions of any other ordinance of Andover Township.
E.
Lessons and boarding. Giving riding lessons or instructions, leasing of horses or other similar activities or boarding or housing other people's horse or horses is not allowed under private housing of equine animals. This is not to preclude having a riding instructor come to the private residence to give lessons to the members of that household.
F.
Site plan. No site plan shall be required for the private housing of the land occupant's own horses, but a sketch plat shall be submitted to the Building Inspector showing the location of brooks and other watercourses, barn, fenced-in area, manure storage area and distances from the same to the adjacent property lines.
§ 190-37 Nursing homes.
A.
Minimum lot area: five acres.
B.
Maximum density: a minimum of 3,630 square feet of land for each bed.
C.
Spacing between buildings. The term “parallel” as used in this subsection shall include the meaning "approximately or approaching parallel position." The following minimum distances shall be maintained:
(1)
Between all main buildings and detached accessory buildings: 50 feet.
(2)
Between end of buildings where walls are parallel to each other with driveways between the buildings: 60 feet.
(3)
Between end of buildings where walls are parallel to each other: 30 feet.
(4)
From the front facade of a structure to the facing front facade of an opposite structure where walls are parallel: 100 feet.
(5)
When a structure fronts on an interior roadway, the structure shall be set back a minimum of 50 feet from the right-of-way line.
(6)
From the rear facade of a structure to the rear facade of an opposite structure, where walls are parallel: 70 feet.
(7)
From the front facade of a building to the side wall of an adjoining building where walls are parallel but do not overlap: 20 feet with no intervening driveway.
(8)
The front facade of a building shall not overlap the side wall of an opposite building by more than eight feet, unless such buildings are joined together. In no case shall windows in any wall be obstructed by any abutting walls.
(9)
No building shall be erected closer than 75 feet to a public street or right-of-way.
(10)
No structure shall be closer to a property line than 50 feet.
D.
Buffers. Where adjoining one-family residential lots exist, or where the adjoining property is zoned for residential use, a buffer strip shall be maintained at the property line within the required setback area. This buffer strip shall be left in its natural state or planted to establish a visual screen, in accordance with the recommendations from the Board.
E.
Driveways and parking.
(1)
Internal access roads, or driveways, shall be paved 14 feet wide for a one-way roadway and 26 feet wide for a two-way roadway. Parking is prohibited in all access roads and driveways.
(2)
There shall be a minimum of two means of access to the site from a public street or streets, one of which shall be in the Township, or, in the alternative, the interior roadway shall form a loop connecting to a single access to a public street in the Township. This access road shall be paved to a width of 26 feet at the entrance, with a reservation of a right-of-way 40 feet in width.
(3)
Concrete sidewalks five feet wide shall be required from each building entrance to the parking areas and shall connect with such sidewalks from other buildings as required by the Board. Concrete or Belgium block curbs shall separate all grass and paved areas, and concrete or asphalt sidewalks and curbing shall be erected along all public street frontages, where required by the Board.
F.
No laundries are permitted on site. [Note: The reason is that the area depends on the groundwater for its potable water supply. Laundries can result in diminution in the quality and quantity of this groundwater.]
§ 190-38 Mount Laurel Zone.
[Amended 6-13-2011 by Ord. No. 2011-06]
A.
Purpose. It is the intent of the ML Zone regulations to provide a realistic opportunity for the construction of a variety of housing types and income levels in the Township, particularly low- and moderate-income housing by providing specific land use regulations addressing those needs. These regulations are designed to implement the affordable housing strategies set forth in the Andover Township Housing Element and Fair Share Plan, dated December 16, 2008, which is a component of the Township's Master Plan and which has received substantive certification from the Council On Affordable Housing (COAH) on October 26, 2009. Any provisions of this chapter or any other ordinance in conflict with the ML zoning regulations and which impose higher standards not related to health and safety shall be inapplicable.
B.
Commercial uses.
[Amended 3-9-2015 by Ord. No. 2015-04]
(1)
Any commercial use permitted in the HC Zone shall be permitted in the ML Zone under the same bulk requirements as permitted in the HC Zone.
(2)
Nothing in this section shall preclude a standalone commercial use within the ML Zone as long as such use complies with the bulk requirements of the HC Zone and does not occupy more than the minimum tract size noted below in Subsection C(1).
(3)
An applicant may construct a mixed-use development consisting of commercial uses and low- and moderate-income housing provided that a limit of 6,600 square feet of commercial space per acre for the part of the site used for commercial purposes shall apply.
(4)
Commercial uses in the ML Zone shall be located within 500 feet of Route 206.
C.
Bulk regulations.
(1)
Minimum tract size: 20 acres.
(2)
Maximum density: six units per gross acre.
(3)
The following regulations with respect to the location of the improvements shall apply:
(4)
Minimum tract setback.
(a)
All development shall maintain a twenty-five-foot minimum buffer to all exterior property lines.
(b)
A minimum buffer of 100 feet shall be maintained from arterial roads for all new residential buildings.
(c)
Said buffer shall be bermed or landscaped and remain unoccupied except for entrance roads or utilities.
(5)
Area, bulk and yard requirements.
Requirement | Single-Family | Multifamily | |
|---|---|---|---|
Minimum lot area (square feet) | 15,000 | NA | |
Minimum lot width (feet) | 100 | NA | |
Minimum front yard (feet) | 30 | NA | |
Minimum side yard (feet) | 20 | NA | |
Minimum rear yard (feet) | 35 | NA | |
Maximum building coverage (percent) | 25 | NA | |
Maximum height (feet) | 35 | 35 | |
Maximum number of units per new residential building(s) | NA | 12 | |
Maximum number of units per existing residential building(s) | NA | 24 |
(6)
Distance between buildings. The Board may reduce the following distances by not more than 1/3 if there is an angle of 20º or more between buildings and if extensive landscaping or buffers are placed between buildings. The minimum distance between buildings shall be as follows:
(a)
Windowless wall to windowless wall: 30 feet.
(b)
Window wall to windowless wall: 40 feet.
(d)
Any building face to local street curb: 25 feet.
(e)
Any building face to collector street curb: 40 feet.
(f)
Any building face to arterial street curb: 50 feet.
(g)
Any building face to common parking area: 12 feet.
D.
Other regulations.
(1)
Location of units. Low- and moderate-income housing units shall be integrated throughout the development. The units shall be at least equally accessible to common open space and community facilities.
(2)
Minimum off-street parking requirements. Each dwelling unit shall provide off-street parking in the following manner:
(4)
Low- and moderate-income housing requirements.
(a)
All development in the ML Zone shall be required to provide dwelling units to be affordable to low- and moderate-income households as defined by N.J.A.C. 5:97 as may be amended and supplemented.
(5)
Waiver of fees.
(6)
Common open space requirements.
(a)
A minimum of 40% of the land area of any development, other than single- or two-family housing, and which may include environmentally restricted land, shall be designated for conservation, open space, recreation and/or other common open space.
(b)
All property owners and tenants shall have the right to use the common open space.
(c)
Common open space may be deeded to the Township, if accepted by the governing body, or to an open space organization or trust, or to a private nonprofit organization charged with the provision of recreation activities for the residents of the development.
(d)
All common open space deeded to an open space organization, trust or private organization shall be owned and maintained as provided for in N.J.S.A. 40:55D-43.
(e)
Utilities. All projects within the ML Zone shall be served by a central sewer system and a central water system.
§ 190-39 Planned commercial development.
A.
Definition. For purposes of this chapter, "planned commercial development" shall mean a tract of land at least 25 acres in area within the Planned Commercial Development District, developed according to a plan as a single entity, whether owned by one or more parties, and containing one or more buildings with appurtenant common areas.
B.
C.
The property may be developed for business purposes in accordance with the requirements of the HC Zone.
D.
Retail and service activities, banks and financial institutions and/or restaurants shall comprise not less than 10% of the total gross floor area within any planned commercial development, excluding hotel and/or motel floor areas.
E.
Any use that remains open in a building after normal shopping hours, such as restaurants, theaters and the like, shall be so located that direct access to the parking area is available from said uses and the balance of the building can be secured.
F.
The following uses are specifically prohibited within the zone district:
(1)
Any type of industrial operation or use, such as manufacturing, fabrication, assembly, disassembly, extraction or alterations of materials.
(2)
Any amusement park or amusement center, such as penny arcades or rides or games conducted outdoors or elector, mechanical or video game centers.
(3)
Establishments commonly called and known as snack bars, dairy bars or fast service food establishments and similar businesses engaged in the sale of food, soft drinks, ice cream, and other similar goods or confections which are so prepared and served as to be intended for immediate consumption from which customers are served while seated or standing outside the confines of the building in which the business is conducted. This shall not be construed to prohibit the fast service food establishments where food is served within the confines of the building for takeout and consumption off the subject site. This also shall not be construed to prohibit fast-food establishments where food is served through a takeout window in the exterior wall of the building which is accessed by a drive-through aisle where the takeout food is intended for consumption off of the subject site.
(4)
Self-service or commercial laundries which conduct cleaning or laundering on the premises.
(5)
Massage parlors or stores with individual movie-viewing facilities.
(6)
Automobile sales or rentals.
(7)
Flea markets.
(8)
Kiosk businesses.
(9)
Sidewalks sales.
(10)
Freestanding nightclubs.
(11)
Freestanding bars and taverns.
G.
Findings for planned commercial development. Prior to approval of the planned commercial development, the Planning Board shall find the following facts and conclusions pursuant to N.J.S.A. 40:55D-45:
(1)
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning ordinance standards pursuant to Subsection 52c of the Municipal Land Use Act (N.J.S.A. 40:55D-65c).
(2)
That the proposals for maintenance and conservation of the landscaped areas and open space are reasonable and the amount, location and purpose of the landscaped areas and open space are adequate.
(3)
That provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate.
(4)
That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
(5)
In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
(6)
That the water supply for the proposed development is adequate. Adequate fire flows are required according to ISO standards. A central water system is required.
(7)
That provision for sewage treatment is adequate to serve the proposed development and to protect the environment. A central sewage treatment plant serving the development is required.
H.
Development standards. The planned commercial development shall comply with the following standards:
(1)
A planned commercial development may contain more than one principal building which has architecturally unified establishments. Moreover, any principal building may contain more than one permitted use, provided that the total floor area ratio and lot coverage of the combined uses do not exceed the maximum specified herein.
(2)
Maximum floor area ratio: .30.
(3)
Maximum impervious lot coverage: 65%, plus an additional 5% for amenity areas, plazas, and similar design features approved by the Board.
(4)
Minimum floor area: the gross floor area of at least one building within the development shall be at least 100,000 square feet.
(5)
Maximum building height: two stories and 40 feet.
(7)
A planned commercial development shall have a minimum of 500 feet of road frontage on a state highway in Andover Township or an adjacent municipality.
I.
Street improvements and traffic circulation.
(1)
It shall be the developer's responsibility to improve along the entire frontage of any state highway on which the subject property has frontage.
(2)
All entrances and exits to the site shall be at locations approved by the Board to ensure maximum traffic and pedestrian safety.
(3)
Direct ingress to or egress from the site shall be from a state highway. Direct access shall be prohibited within 200 feet of any existing street intersection.
(4)
Marginal roads or access lanes shall be provided to serve the required parking areas approved by the Board. Such roads or lanes shall be curbed and shall have a width between curbs of not less than 30 feet.
(5)
One-way roads or lanes properly designated as such may have a width of not less than 20 feet.
(6)
No direct access to any off-street parking space or stall shall be permitted from roads or lanes.
(7)
Parking shall only be permitted in designated parking spaces. There shall be no vehicle parking on the sides or shoulders of the roads or access lanes.
(8)
An adequate pedestrian circulation system (walkways) will be established separate from roads and parking lots. Ample signs and painted lines on pavement will be used as needed to ensure safe crossing of roadways and aisles.
(9)
Any new street as may be proposed by the applicant and/or required by the Board shall be designed to provide access to properties in addition to the planned commercial development where possible and appropriate, as determined by the Board. Any land area within the tract containing a new street dedicated to Andover Township shall nevertheless be considered part of the tract's acreage for floor area calculation purposes.
J.
Landscaping and design.
(1)
Those portions of the entire site that are not used for roads or lanes, off-street parking and buildings, or pedestrian walkways shall be attractively planted and maintained with trees, shrubs, plants and grass lawns as approved by the Board, provided that, to the extent possible, existing topography and natural features such as wooded areas, ponds and lakes shall be preserved in their natural state.
(2)
Every parking lot shall provide, within the lot, landscaped areas at a ratio of one square foot of landscaped area for every 14 square feet of blacktop parking lot area. For the purposes of administering this provision, marginal and service roads and fire lanes shall not be counted as parking area. Good transitions and any other unpaved areas inside the area bounded by the marginal road that are landscaped and not paved may be counted as landscaped areas.
(3)
A planting plan shall be prepared by a licensed landscape architect upon which will be shown the following data:
(a)
The number of plants, botanic names, common name, size of plant (inches), root condition, spacing and mulch material.
(b)
Installation details for trees, shrubs, shrub beds and other unique equipment or materials (i.e., fountains or pools).
(c)
Installation notes as needed to adequately clarify the design and construction methods.
(4)
The soil and erosion control plan, as required by Township, state and county agencies, shall be in agreement with the landscape plan.
K.
Buffers.
(1)
No part of any on-site parking areas, access aisle or other structure shall be closer than the following dimensional requirements:
(2)
At least the first 50 feet adjacent to a state highway and at least the first 30 feet adjacent to any existing street or property line and at least the first eight feet adjacent to any proposed street shall not be used for parking and shall be planted and maintained in lawn area or ground cover or landscaped with evergreen shrubbery.
(3)
All areas not used for buildings, parking, loading, streets, access aisles, driveways, pedestrian walkways or detention basins shall be suitably landscaped with grass, shrubs, ground cover and/or additional plantings as approved by the Board. Such landscaped areas shall be maintained by the property owner in good condition.
(4)
No less than 30% of the total tract area shall be landscaped. A detention basin may be considered a landscaped area if its embankment does not exceed a slope of 3:1 and if it is designed and improved as a visual amenity of the development.
(5)
Wetlands and transition areas may be included in the landscaped area.
(6)
The Board may require such visual buffers and barriers as it may deem appropriate.
L.
Off-street parking.
(1)
There is required one off-street parking space for each 250 square feet of gross floor area of each building greater than 100,000 square feet.
(2)
Every building less than 100,000 square feet of floor area shall be provided with one off-street parking space for each 200 square feet of gross floor area.
(3)
Parking spaces shall be located within 300 feet of the building which they are intended to serve.
M.
Off-street loading.
(1)
Loading and unloading spaces with adequate ingress and egress from streets and with adequate space for maneuvering shall be provided at the side or rear of the building.
(2)
Each space shall be at least 15 feet by 40 feet.
(4)
Additional spaces may be necessary and required by the Board, depending upon the specific activity.
(5)
There shall be no loading or unloading from a street.
N.
Signs.
(1)
Each planned commercial development may have one freestanding sign at each entrance to the development, provided that each such sign does not exceed 50 square feet in area, does not exceed 20 feet in height, and is set back at least 30 feet from all street and property lines.
(2)
Each rental unit within the planned commercial development may have one major sign attached to the building and not exceeding 5% of the front facade of the business unit or 75 square feet, whichever is less.
(3)
Where an individual activity occupies at least 750 square feet of segregated area and has direct access from the outside, a sign not exceeding four square feet in area identifying the name of the activity shall also be permitted. Such identifying sign(s) shall be at the entrance to the activity suspended in perpendicular fashion from a roof over a common walkway, where and when such common walkway exists. Suspended signs shall be no closer than eight feet at their lowest point to the finished grade below.
(4)
All signs in the planned commercial development shall conform in character to all other signs in the development and shall blend with the overall architectural scheme of the development.
(5)
No signs shall be neon, iridescent, or internally lit.
(7)
Temporary or advertising signs shall not cover more than 10% of the window area of any rental unit.
(8)
All applicants shall submit a sign plan as part of the application.
O.
Outdoor storage.
P.
Q.
R.
Special events.
(1)
Certain special events, such as antique car shows, jewelry shows, craft shows and the like, shall be permitted within the confines of the mall buildings.
(2)
Hours of the events shall be limited to the normal business hours that the mall is open but in no event shall extend beyond 10:00 a.m. to 9:30 p.m.
(3)
No noise shall be emitted which extends beyond the property lines.
(4)
Prior to holding a special event, a permit shall be applied for and issued by the Zoning Officer at least 10 days prior to the holding of the event. A fee for the special event permit shall be paid in the amount of $100.
(5)
The Township or the provider shall be reimbursed for any special expenses incurred for municipal services resulting from the special event, including police, Fire Department or emergency squad services. In addition, an escrow deposit in the amount of 100% of the estimated costs of these services shall be paid to the Township with the permit application.
S.
The applicant shall give to the Andover Township Police Department permission to enforce traffic regulations, including but not limited to parking and handicapped spaces on the site.
§ 190-40 (Reserved) [1]
[1]
Editor's Note: Former § 190-40, PRC Planned Retirement Community Zone, as amended, was repealed 11-29-2010 by Ord. No. 2010-10.
§ 190-41 Garden apartments.
A.
Minimum tract size: five acres.
B.
Utilities required. All garden apartments shall be served by common water and sewer.
C.
Maximum density:
(1)
Efficiency garden apartments: 5,445 square feet of lot area.
(2)
One-bedroom garden apartments: 6,223 square feet of lot area.
(3)
Two-bedroom garden apartments: 7,260 square feet of lot area.
(4)
Three-bedroom garden apartments: 10,890 square feet of lot area.
(5)
Garden apartments containing more than three bedrooms are prohibited.
D.
Apartment mix. The total distribution of two- and three-bedroom units shall be limited to a maximum of 35% of the total number of units. No more than 5% of the total number of units shall contain three bedrooms.
E.
Minimum spacing between buildings. The term “parallel” as used in this subsection shall include the meaning "approximately or approaching parallel positions."
(1)
Main building to detached accessory buildings: 50 feet.
(2)
Ends of building where walls are parallel to each other with driveway between buildings: 60 feet.
(3)
Ends of buildings where walls are parallel to each other: 30 feet.
(4)
Front facade of a building to the facing front facade of an opposite building where the walls are parallel: 100 feet.
(5)
When a building fronts on a new interior roadway, the structure shall be set back a minimum of 25 feet from the right-of-way line.
(6)
Rear facade of a building to the rear facade of an opposite building where walls are parallel: 70 feet.
(7)
Front facade of a building to the side wall of an adjacent building where walls are parallel but do not overlap: 20 feet.
(8)
The front facade of a building shall not overlap the side wall of an opposite building by more than eight feet, unless such buildings are joined together. In no case shall windows in any wall be obstructed by any abutting walls.
(9)
No building shall be erected closer than 75 feet to a public street or right-of-way. No structure shall be closer to a property line than 50 feet.
(10)
Where adjoining one-family residential lots exist, or where adjoining property is zoned for residential use, a buffer strip shall be maintained at the property line, within the required setback area, of at least 10 feet in width. This buffer strip shall be left in its natural state or planted to establish a visual screen, in accordance with the recommendations of the Board.
F.
Unit limitation for garden apartments. A garden apartment building shall contain a maximum of 16 units connected in one attached grouping.
G.
Maximum length of structure. No building shall be more than 160 feet in length. Within that distance the facade shall contain breaks or other treatments to subtly and aesthetically interrupt the facade wall.
H.
Occupancy restrictions.
(1)
There shall be no living quarters in the space above the second floor.
(2)
There shall be no living quarters in the basement or cellar.
(3)
In every apartment containing one or more bedrooms, access to every living room and bedroom and to at least one bathroom shall be provided without passing through any bedroom.
I.
Ventilation of garden apartments. Buildings and units shall be so designed that each apartment shall be provided with no fewer than two exterior exposures for each dwelling unit, and each exposure shall have windows to provide light and ventilation.
J.
Landscaping and screening.
(1)
All apartment developments shall be provided with liberal and functional professional landscaping schemes.
(2)
Interior roads and pedestrian walks shall be provided with shade trees.
(3)
Open space adjacent to buildings, malls between buildings utilized by residents, and border strips along the sides of pedestrian walks shall be graded and seeded to provide a thick stand of grass or other plant material.
(4)
Approaches to dwelling structures and entrances to dwelling areas shall be provided with trees and shrubs.
(5)
Areas not used for buildings, terraces, driveways and parking spaces shall be seeded and landscaped and shall be maintained in a stable and well-kept condition.
(6)
Screening or buffers consisting of planting strips or fences shall be required around outdoor utility and refuse disposal areas and around any other similar areas.
(7)
A buffer strip at least 10 feet in width shall be planted along property lines of adjacent single-family homes or districts.
(8)
Clothes drying yards shall be fenced and screened.
(9)
Usable areas for active recreation, such as tennis courts, ballfields, playgrounds and picnic grounds, equal to 15% of the tract shall be provided. Lawns, landscaped areas and areas left in their natural state shall not be included.
(10)
The developer shall furnish, along with the plans and specifications required under this chapter and Chapter 131, Site Plan Review, landscaping plans which shall include plans for lighting the grounds, roads, drives, walks, recreation areas, parking areas and building entrances of the development, as well as the plantings and other landscaping intended for the development.
(11)
Topsoil can be removed from the site during construction but shall be stored on the tract and redistributed on the site.
K.
Utilities and facilities.
(1)
Compaction of all garbage and refuse shall be undertaken by management prior to refuse and garbage pickup. In addition, compacted refuse and garbage will be stored in appropriate containers provided for each building and shall be adequate to contain all garbage and refuse produced. Pickup of compacted refuse and garbage shall be made at least twice per week. Individual refuse storage cans for use by occupants shall be prohibited.
(2)
Storm drainage plans shall be approved by the Township Engineer.
(4)
Common water and sewers, as defined in this chapter, shall be provided.
(5)
All electric, gas, television, cable, oil tank and telephone services shall be located underground.
L.
Other requirements.
(2)
Usable areas for active recreation, such as tennis courts, ballfields, playgrounds and picnic grounds, equal to 15% of the tract shall be provided. Lawns, landscaped areas and areas left in their natural state shall not be included.
(3)
Coin-operated laundry washing and drying machines may be located in the basement or cellar area of the apartment buildings for the sole use of the occupants.
(4)
Each apartment building shall contain a minimum of 300 cubic feet of storage area for each dwelling unit, located in a convenient place in the basement or ground floor, where personal belongings and effects of occupants may be stored without constituting a fire or health hazard. Each storage area should be adequately lighted and have locking equipment.
(5)
Each apartment building shall contain 50 cubic feet of common storage area for each dwelling unit for the storage of bicycles, carriages and similar types of frequently used equipment and utensils.
(6)
In each apartment development, television and cable antenna equipment shall be built into the building, thereby eliminating the need for individual antennas being erected on the roof.
(7)
Floors and dwellings and partitions between apartment units shall be constructed so as to produce an airborne sound transmission loss of at least 50 decibels.
§ 190-42 Agricultural, farm and horticultural uses.
A.
Minimum area: not less than six acres.
C.
Except as noted above, all other bulk requirements in the applicable zone shall apply.
D.
Prohibited activities. The following agriculture, farm and horticulture activities are prohibited: feed lot operation where animals are confined to limited areas for fattening prior to slaughtering.
§ 190-43 Golf courses.
A.
Minimum area: 90 contiguous acres for a nine-hole golf course and 180 acres for an eighteen-hole golf course.
B.
Spacing requirements. The following minimum distances shall apply:
C.
Parking requirements:
(1)
All parking areas shall be located at least 50 feet from any outside property line.
(2)
All parking areas shall be attractively landscaped to provide a visual buffer to the view of area residents and the public.
(3)
Off-street parking shall be provided as shown in the following table:
Use | Required parking spaces | |
|---|---|---|
Golf Course | 3.0 parking spaces per hole | |
Clubhouse/retail sales area | 1 per 200 square feet | |
Clubhouse/restaurant area | 1 per every 3 seats | |
Accessory uses | As required under this chapter |
D.
Other requirements.
(1)
Maximum building coverage: 2%.
(2)
Maximum impervious coverage: 5%.
(3)
There shall be separate points of ingress and egress to the tract.
(4)
No public address system or other amplifying system shall be used in such a manner that sounds may be heard off site.
(5)
Lighting shall be constructed so that all light is directed downward and ambient light shall be contained on the subject tract.
(6)
One identification sign not exceeding eight feet by 10 feet in area may be constructed at the entrance to the facility; otherwise, only directional signs shall be permitted.
(7)
Site plan approval is required.
(8)
The applicant shall provide a water resource monitoring program designed to minimize the use of off-tract surface water and groundwater resources while maximizing the use of stormwater retained on the site. This plan shall provide for ground and surface water quality monitoring for nutrients, pesticides and other parameters to be determined by the approving authority.
(9)
The applicant shall provide a turf management plan which is consistent with the grading and landscaping plans and shall discuss and define the use of drought-tolerant turf and landscaping material, the area to be irrigated, the required capacity of the irrigation system and the need for any water diversion permits. The plan shall also provide a proposed integrated pest management and turf management plan that defines the nature and use of the pesticides and other chemicals and fertilizers involved.
(10)
All plans shall be integrated and coordinated in an effort to absorb and filter fertilizers, pesticides, herbicides and other nonpoint-source pollutants to minimize contamination of streams and groundwater supplies. The course shall be required to have a golf course superintendent, certified by the Golf Course Superintendents Association of America, on staff and an ongoing site management program to monitor water use and weather conditions in conjunction with the application of fertilizer, pesticides and herbicides in order to adhere to the turf management plan and the water resources monitoring program. The monitoring and reporting data shall be submitted to the Township Engineer on a quarterly basis.
§ 190-44 Shopping centers.
A.
C.
Principal building(s).
(1)
Minimum distance to property line: 50 feet.
(2)
Minimum distance to street line: 75 feet.
(3)
Maximum height: 35 feet.
(4)
Maximum building size: 65,000 square feet.
(5)
Minimum store size: 1,000 square feet.
(6)
Distance to other buildings: 20 feet if buildings are separated by a pedestrian walkway; 50 feet if buildings are separated by a roadway.
E.
Parking and circulation.
(2)
Each individual use shall provide parking spaces according to its respective minimum provisions. Where a permitted use includes different specific activities with different parking requirements, the total number of parking spaces shall be obtained by individually computing the parking requirements for each use and adding the numbers together.
(3)
A maximum of 40% of the site parking shall be in the front yard.
(4)
Vehicular and pedestrian connections to adjacent properties shall be provided for existing and future use.
(5)
Defined pedestrianways shall be designed to connect freestanding buildings on the site. Amenities shall be provided and may include, but are not limited to, plazas, benches and landscaping. Pathways shall be a minimum of eight feet wide.
(6)
Curbed pedestrian walks, not less than 10 feet wide, shall be provided along the entire length of any wall of stores that contains public entrance or exit ways and/or display windows. Said walks shall be at least five inches but no more than six inches higher than the abutting paved parking area.
(7)
Each shopping center shall provide roads or access lanes to serve the required parking area as approved by the Board. Such roads or lanes shall be curbed with a width between curbs of not less than 30 feet and shall have no direct access to any off-street parking space stalls. There shall also be a service drive at least 30 feet wide to service each building on the site.
(8)
There shall not be more than one driveway for each 200 feet of road frontage along an arterial roadway. Alternative access and egress shall be encouraged, provided that a driveway on a corner lot shall not be closer than 100 feet to the intersection.
(9)
Each principal use shall provide for off-street loading and unloading with adequate ingress and egress from streets and with adequate space for maneuvering and shall provide such area at the side or rear of the building. Each space shall be at least 15 feet by 50 feet, and a minimum of one space shall be provided for each building.
F.
Architectural design.
(1)
Buildings shall be located according to topography, with environmentally sensitive areas avoided to the maximum extent possible.
(2)
Uniform streetscape, signage, landscaping and architectural style shall be provided.
(3)
All exteriors of perimeter walls of principal structures shall be of brick or stone facing, solid brick or stone or some other accepted durable material. Asbestos shingle or cinder block exterior finishes are prohibited.
(4)
Flat roofs are not permitted, unless they are surrounded by articulated cornices.
G.
Other requirements.
(1)
One building may contain more than one individual use, provided that the total floor area ratio and lot coverage of the combined uses do not exceed the maximums defined above.
(2)
More than one principal building is permitted.
(3)
All areas not used for buildings, parking, loading, aisles, driveways and pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or plantings and maintained in good condition.
H.
Outdoor storage.
(1)
The outdoor storage and/or display of merchandise, product, equipment, waste or similar material or objects shall be prohibited, except as follows:
(a)
Shopping carts at supermarkets may be stored within accessory building setback distances.
(b)
Garbage/recycling containers, containers for flowers, decorative plantings, nursery stock and benches may be displayed or maintained within accessory building setbacks.
(c)
Outside public telephones shall be attached to the principal building on a property.
(d)
Outside delivery service receptacles (other than United States postal receptacles) shall be maintained within three feet of a principal building.
(e)
Other items may be permitted through site plan approval.
(2)
All solid waste not stored within a building shall be stored within an enclosed structure obscured from view from parking areas, streets and adjacent residential uses or districts by a fence, wall, planting or combination of all three. There shall be at least one trash and garbage pickup location, including provision for recyclable materials collection, provided by each building which shall be separated from the parking spaces.
I.
Signs.
(1)
Each shopping center may have one freestanding sign, not exceeding 75 square feet in area, provided that no other freestanding signs are erected on the site. Freestanding signs shall be set back at least 15 feet from all street rights-of-way and property lines and shall have a maximum height of 20 feet.
(2)
Where a principal use occupying at least 1,000 square feet in a segregated area in a shopping center has direct access from the outside, a sign not exceeding 20 square feet in area identifying the name of the use shall also be permitted. Such additional signs shall be either flat against the building at the entrance to the use or suspended in perpendicular fashion from a roof over a common way. Suspended signs shall be no closer than 10 feet at their lowest point to the finished grade below.
§ 190-45 Home occupations.
[Amended 9-5-2019 by Ord. No. 2019-10]
A.
Home occupations are permitted in all residential zone districts, in accordance with the following requirements:
(1)
Such uses shall be subject to a plot plan review and approval by the Zoning Officer or his designated agent.
(2)
The following uses are examples (not exclusive) of permitted home occupations:
(a)
Artist's studio, craftperson, tailor/seamstress/dressmaker, baking/food, firearms repair/sales, wedding event coordinator, floral arranger, electrician, plumber, carpenter, landscaper, music instructor or similar artisans' shops/offices/studios where such products and services are made or repaired on- or off-premises. Sale of the products is permitted, provided that the sale is not off a display unit(s) located on the premises. Sales are permitted via a website, printed brochure or other means of electronic communication.
(b)
Musical instrument or voice instruction is permitted for a maximum of one student at a time.
(c)
The administrative office of a tradesman (i.e., electrician, plumber, carpenter, landscaper, well driller, etc.) whose field of activity is entirely away from the dwelling unit is permitted.
(3)
The home occupation shall be clearly incidental and subordinate to the use of the dwelling for residential purposes. The office or studio shall be located in the basement or on the first or street level floor of the principal building, and the area thereof shall be limited to no more than 25% of the gross floor area of the principal building which doesn't include any cellar area. An accessory structure may be substituted for the basement or first floor, provided that the total space doesn't exceed the 25% of gross floor area of the principal structure. Storage of related materials or products for sale incidental to the allowed home occupation is permitted and may be housed elsewhere on the property in a garage/shed and not counted as part of the 25% floor area limitation.
(4)
Not more than one person in addition to members of the immediate family residing on the premises shall be engaged in such home occupation.
(5)
The home occupation shall provide off-street parking on the property for customer use. No more than two parking spaces shall be provided and appropriately designated for customer use. One on-street parking space may only substitute for one off-street space subject to review and approval by the Zoning Officer.
(6)
Home occupation businesses may have one vehicle which exhibits commercial lettering identifying the type of product or service offered parked on their property. Exterior display and storage of materials used by the home occupation is strictly prohibited. Tractor-trailer deliveries to the home occupation location is prohibited.
(7)
There shall be no external evidence of the home occupation, including, but not limited to, no signs promoting the home business.
§ 190-45.1 PO/R Professional Office/Residential Zone.
[Added 10-27-2008 by Ord. No. 2008-17]
Permitted uses and standards for the PO/R Professional Office/Residential Zone are as follows:
A.
Principal permitted uses
(1)
Office buildings, including business, professional, medical and administrative.
(2)
Home offices.
(3)
Child-care centers licensed by the Department of Human Services pursuant to N.J.S.A. 30:5B-1 et seq.
(4)
Essential services.
(5)
Places of worship and religious institutions.
(6)
Financial institutions.
C.
Permitted conditional uses.
(1)
Expansion of existing single-family detached residential dwellings, provided that any such expansion shall maintain the character and single-family use of the existing dwelling and conform to the setback requirements of the PO/R Zone district.
(2)
Banks with drive-through windows and/or automatic teller machines (ATMs), provided that a landscaped buffer with a minimum depth of 50 feet is provided between any drive-through lane or ATM and the closest residential use or residential zone district boundary.
D.
Lot area and bulk standards. The recommended lot area and bulk standards shall be as follows:
§ 190-45.2 Route 206 Economic Development Zone (ECD Zone).
[Added 7-18-2024 by Ord. No. 2024-06]
A.
Permitted uses.
(1)
Mixed uses, multiple principal uses and multiple principal structures are permitted. The following uses are permitted in the Route 206 ECD Zone.
(a)
Banks and fiduciary institutions.
(c)
Commercial recreation.
(d)
Fast-food establishments.
(e)
Flex-space buildings.
(f)
Greenhouses and nurseries.
(g)
Health clubs and spas.
(h)
Hotels and motels.
(i)
Licensed child-care centers.
(j)
Medical offices.
(k)
Professional, business and administrative offices.
(l)
Public parks, playgrounds, conservation areas and municipal/public facilities.
(m)
Research laboratories.
(n)
Restaurants and banquet facilities.
(o)
Retail sales and services.
(p)
Sports facilities.
(q)
Farm stands.
(r)
Single-family detached dwellings in existence on September 2, 2021, in accordance with the R-1 requirements.
(s)
Shopping centers.
(t)
Studios for the instruction of the arts, dancing, music, language or photography.
(u)
Wholesale establishments, warehouses and storehouses except those set forth in § 190-54, which are conditional uses.
(v)
Site preparation, soil movement, cut and fill in conjunction with an approved site plan for a permitted principal use following completion of site preparation.
B.
Permitted accessory uses and structures.
(1)
Permitted accessory uses and structures which are customarily incidental to permitted principal uses.
C.
E.
Area and bulk requirements. The following bulk standards apply to the 206 ECD Zone:
Principal Building Setbacks | |
Minimum lot width | 100 feet |
Minimum front yard setback | 20 feet |
Minimum side yard setback | 10 feet |
Minimum rear yard setback | 20 |
Maximum building height | 3 stories/50 feet |
Maximum impervious coverage | 75% |
Maximum building coverage | 50% |
Accessory Building Setbacks | |
Minimum front yard | 20 feet |
Minimum side yard | 5 feet |
Minimum rear yard | 10 feet |
§ 190-45.3 Route 206 Abbey Redevelopment Overlay (ARO) Zone.
[Added 6-20-2024 by Ord. No. 2024-07]
A.
Description of the Abbey Redevelopment Overlay (ARO) Zone. The Abbey Redevelopment Overlay (ARO) Zone shall be applied to the properties identified as Block 151, Lots 22 and 22.02, and Block 153, Lot 35, on Township tax records (the "plan area"); however, nothing herein shall be interpreted to replace the underlying REDEV Zone designation.
B.
Goal. The goal of the Abbey Redevelopment Overlay (ARO) Zone is to facilitate attractive, high-quality nonresidential and institutional development in underutilized portions of the plan area in recognition of its designation as an area in need of redevelopment pursuant to the New Jersey Local Redevelopment and Housing Law (LRHL), as well as to encourage the development of inclusionary housing in furtherance of Andover's constitutional obligation to provide for affordable housing, subject to access to a centralized wastewater treatment and disposal facility.
C.
Applicability. The redeveloper shall be permitted to develop in accordance with the Abbey Redevelopment Overlay (ARO) Zone standards set forth herein if access to a centralized wastewater treatment and disposal facility is provided. Otherwise, development shall be subject to the underlying REDEV Zone standards.
D. ASSISTED LIVING FACILITIES BANQUET FACILITIES BREWERY DISTILLERY DUPLEXES FLEX-SPACE BUILDINGS HEALTH CLUBS INPATIENT AND/OR OUTPATIENT SUBSTANCE ABUSE FACILITY LIVE/WORK LODGING HOUSE LOT MEDICAL OFFICES MULTIFAMILY RESIDENTIAL OUTDOOR SPORT COURT OUTDOOR STORAGE PERSONAL SERVICE ESTABLISHMENTS PROFESSIONAL, BUSINESS AND ADMINISTRATIVE OFFICES RESTAURANTS RETAIL SALES AND SERVICES SPAS
Definitions. The following terms as used in this section shall be defined as follows. Where terms are not identified, the definitions set forth in the Zoning Code at Chapter 190, Article II, shall prevail.
A facility licensed by the New Jersey Department of Health to provide apartment-style housing, dining and assisted living services when needed. Apartment units offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette, and a lockable door on the unit entrance.
A building or a portion of a building where the primary use and design is to be rented or reserved by individuals, businesses, or groups to accommodate private functions including, but not limited to, banquets, weddings, anniversaries and other similar celebrations, and such use may or may not include 1) kitchen facilities for the preparation or catering of food; 2) the sale of alcoholic beverages for on-premises consumption; and 3) outdoor gardens, ceremony and reception facilities. As a secondary or accessory use, the facility may be open to the public for special events or during fixed hours as a restaurant and/or a bar. The facility may also be used, as a secondary or accessory use, for special entertainment events that are open to the public, such as food and wine events, music events, car shows, and similar activities. In addition, the facility may include lodging for short-term stays as a secondary or accessory use. (See "lodging house.")
A brewery operating under a brewery license pursuant to N.J.S.A. 33:1-10.
A distillery that has been issued, and is in compliance with, a distillery license pursuant to N.J.S.A. 33:1-10.
A building on a single lot containing two attached single-family dwelling units, each of which is totally separated from the other by an unpierced wall extending from the basement to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall except for a common stairwell exterior to both dwelling units.
Light industrial buildings that have a combination of warehouse space and office/retail space in each unit and units often have a warehouse door or loading dock.
An establishment that provides facilities for aerobic exercises, including but not limited to running and jogging, exercise equipment, game courts, swimming facilities, and ancillary facilities such as saunas, showers, massage rooms and lockers.
A facility licensed by the New Jersey Department of Health which provides inpatient and/or outpatient health care services for the primary or specialty medical treatment of substance abuse, which may include inpatient medical detoxification, residential health care/treatment services, inpatient or outpatient physical therapy and/or rehabilitation with ancillary uses.
A unit that contains one dwelling unit, in addition to dedicated floor space for the purpose of conducting a business, which business shall be conducted by the occupant of the dwelling unit. The business component may or may not be separate and distinct from the dwelling and may involve retail sales of products and/or visitation by clients for services.
A bed-and-breakfast or portion of a banquet facility with lodging for short-term stays. No lodging house or any rental space thereon, other than permanent concessionaires within a lodging house, shall be occupied by the same guest or guests for a consecutive period exceeding 14 days.
For the purposes of this section, a lot is the total land area of a redevelopment project, which may pertain to an entire tax parcel or a portion of a parcel leased for a redevelopment project. Where a portion of a parcel is leased for a redevelopment project, lease lines shall be considered "lot lines" for the purposes of this section.
An office used by physicians, dentists or similar medical professionals for treatment and examination of patients; provided that no overnight patients shall stay on the premises.
A building containing three or more dwelling units located above, below, or to the side of each other and which may share common facilities, such as entryways, hallways and utilities.
A paved area, located outside of a building, that is designed for athletic purposes (i.e., basketball court, tennis court, etc.).
A paved area located outside of a building to provide storage of vehicles, equipment, raw materials and/or manufactured goods.
Establishments primarily engaged in rendering frequent or recurrent services of a personal nature to individuals, including but not limited to barbershops, beauty salons, nail salons, shoe cleaning or repair shops, tailors, laundromats, dry cleaners, and other similar places of business.
A room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government and generally furnished with desks, tables, files, and communications equipment and offering no product or merchandise for sale to the public on the premises.
An establishment where food and drink are prepared, served and consumed primarily within the principal building or designated outdoor seating areas.
Establishments engaged in the selling or rental of goods or merchandise (usually to the general public for personal use or household consumption, although they may also serve business and institutional clients) and may include the rendering of services incidental to the sale of such goods.
A commercial establishment offering health and beauty treatment through such means as steam baths, exercise equipment, and massage.
E.
Permitted principal uses. The following principal uses shall be permitted in the Abbey Redevelopment Overlay (ARO) Zone, either as stand-alone uses or as mixed-use developments:
(1)
Assisted living facilities.
(2)
Banks and fiduciary institutions.
(3)
Banquet facilities.
(4)
Breweries.
(5)
Commercial recreation.
(6)
Distilleries.
(7)
Duplexes.
(8)
Flex-space buildings.
(9)
Health clubs and spas.
(10)
Hotels, lodging houses and motels.
(11)
Inpatient and/or outpatient substance abuse facilities.
(12)
Licensed child-care centers.
(13)
Light manufacturing, fabricating and assembly plants.
(14)
Live/work.
(15)
Medical offices.
(16)
Multifamily residential.
(17)
Personal service establishments.
(18)
Places of worship.
(19)
Professional, business and administrative offices.
(20)
Public parks, playgrounds, conservation areas and municipal/public facilities.
(21)
Restaurants (excluding drive-throughs).
(22)
Retail sales and services.
(23)
Sewer and/or water utilities.
(24)
Studios for the instruction of the arts, dancing, music, language or photography.
(25)
Townhouses.
F.
Permitted accessory uses. The following accessory uses shall be permitted in the Abbey Redevelopment Overlay (ARO) Zone, either as stand-alone uses or as mixed-use developments:
(1)
Food trucks, when ancillary to a banquet facility, brewery or distillery.
(2)
Fueling stations and storage tanks when ancillary to a warehouse and/or industrial facility.
(3)
Gift shops, when ancillary to a place of worship.
(4)
Housing for members of a religious order, when ancillary to a place of worship.
(5)
Outdoor dining.
(6)
Outdoor sport courts.
(7)
Outdoor storage.
(8)
Private garages.
(9)
Other accessory uses normally incidental to the permitted principal use, unless specifically prohibited herein.
H.
Area and bulk regulations. Development within the Abbey Redevelopment Overlay (ARO) Zone shall conform to the area and bulk standards set forth in the table below:
Requirementsa | ARO Zone |
|---|---|
Minimum lot area (acres) | 4b |
Minimum lot width/street frontage | |
Lots fronting easterly side of Rt 206 (feet) | 150c |
Lots fronting westerly side of Rt 206 (feet) | None |
Minimum yards | |
Front yard (feet) | 50 |
Rear yard (feet) | 50d |
Side yard (feet) | 20d |
Maximum building height (stories/feet) | 4/50 |
Maximum building coverage (%) | 35 |
Maximum impervious coverage (%) | 75e |
Maximum residential density (units per acre) | 10f |
Maximum number of principal buildings | None |
Minimum setback between principal buildings | Height of taller buildingg |
NOTES: | |
|---|---|
a | Within the ARO Zone, all area and bulk regulations shall be calculated in relation to the "lot," as defined in Subsection D of this section. |
b | Not applicable to sewer and/or water facilities, which shall require no minimum lot area. |
c | Provided that any existing nonconforming lot width/street frontage shall not require relief. |
d | Minimum yard setback shall be increased to 100 feet wherever a nonresidential use is proposed to abut a residential use along a side or rear lot line. |
e | Section 131-37L shall not be interpreted to apply in the ARO Zone. |
f | Maximum residential density shall not be interpreted to apply to assisted living facilities or inpatient substance abuse facilities. |
g | Except that for residential buildings where a side is facing another side, the minimum setback between the buildings shall be no greater than 18 feet. |
I.
Affordable housing requirements. The following affordable housing requirements shall apply to residential and mixed-use development within the Abbey Redevelopment Overlay (ARO) Zone:
(1)
All multifamily residential and/or townhouse developments constructed in the ARO Zone shall be required to set aside a minimum percentage of units for affordable housing. The minimum set-aside shall be 15% where affordable units will be for rent and 20% where affordable units will be for sale.
(2)
When calculating the required number of affordable units, any computation resulting in a fraction of a unit shall be rounded downwards to the next whole number if less than 1/2 and upwards to the next whole number if 1/2 or more.
(3)
All affordable units produced in the ARO Zone shall comply with the New Jersey Fair Housing Act ("FHA") (N.J.S.A. 52:27D-301 et seq.), the Uniform Housing Affordability Controls ("UHAC") (N.J.A.C. 5:80-26.1 et seq.) or any successor regulation, the Township's Housing Element and Fair Share Plan, as may be amended or supplemented, the Township's Affordable Housing Ordinance at Chapter 190, Article XIII, to the extent not inconsistent with the FHA or UHAC, and any applicable compliance certification or order of the Court, including a judgment of compliance and repose order.
(4)
All affordable units shall be administered by a qualified administrative agent paid for by the developer.
(5)
The affordable units produced pursuant to this section shall be sufficiently integrated with the market-rate units in the development, subject to Land Use Board approval.
J.
Banquet facility requirements. The following supplemental requirements shall apply to banquet facilities within the Abbey Redevelopment Overlay (ARO) Zone:
(1)
Any live and/or amplified music played outdoors shall cease by 9:00 p.m.
(2)
Special entertainment events that are open to the general public, such as food and wine events, music events, car shows, and similar activities, shall be permitted as a secondary or accessory use, provided that the Township Committee, or its designee, provide preauthorization for such events.
K.
Accessory use requirements. The following requirements shall apply to accessory uses and structures within the Abbey Redevelopment Overlay (ARO) Zone. Nothing herein shall be interpreted to apply to fences and walls, which are regulated separately under Subsection P(8) of this section.
(1)
Any accessory structure attached to a principal building shall comply in all respects with the requirements of this section applicable to the principal building, except that attached decks and patios shall be permitted within 20 feet of front lot lines and within 10 feet of side and rear lot lines.
(2)
Detached accessory structures shall be located at least 10 feet from the principal building, and shall not be permitted within the front yard, except for outdoor dining which shall be permitted within 20 feet of the front lot line. Detached accessory structures shall be set back minimally 10 feet from side and rear lot lines.
(3)
The maximum height of all detached accessory structures shall be 25 feet.
(4)
Additional requirements pertaining to specific accessory uses permitted in the ARO Zone are as follows:
(a)
(b)
Fueling stations and storage tanks.
[1]
All fueling stations and storage tanks shall be subject to the requirements set forth in § 190-54 regarding the storage of oil or petroleum of any kind and in any form, including but not limited to oil, petroleum, gasoline, kerosene, fuel oil, oil sludge, oil refuse, oil mixed with other wastes, crude oils and liquid propane.
[2]
Fueling stations and storage tanks shall be located to the rear of the principal building and shall not be visible from the public right-of-way.
[3]
Fueling stations and storage tanks shall be screened from view of adjacent properties via landscaping, fencing or a combination thereof.
(c)
Outdoor dining.
[1]
Outdoor dining shall be permitted within 20 feet of the front lot line and within 10 feet of side and rear lot lines, provided that in no event shall outdoor dining be permitted within sight triangles.
[2]
Outdoor dining shall be provided in a manner that does not impair pedestrian circulation or access to business entrances.
[3]
Umbrellas, awnings, canopies and heating units are permitted in outdoor dining areas.
[4]
Live and/or amplified music shall be permitted in outdoor dining areas, provided that same shall cease by 9:00 p.m.
[5]
A screen shall be provided which visually separates adjacent private property from the outdoor dining area. Such screen may consist of landscaping, screen walls, fencing material or any combination thereof.
[6]
Outdoor dining areas shall be excluded from minimum parking requirement calculations, unless the number of outdoor dining seats exceeds 25% of the number of indoor dining seats, in which case the number of excess outdoor seats shall be included in the calculation of minimum parking for the use.
(d)
Outdoor storage.
[1]
All outdoor storage shall be screened by special planting and/or slatted fencing, as approved by the Land Use Board, so that it is not visible from any adjacent property or public right-of-way.
[2]
Outdoor storage shall only be permitted in the side and rear yards, and shall meet the side and rear yard setbacks for accessory structures, as set forth in this section.
[3]
Outdoor storage on a lot that does not contain a principal building is prohibited.
[4]
No article, materials, article or equipment to be stored outdoors shall exceed the height of the principal building.
[5]
The outdoor storage requirements set forth herein shall not be interpreted to apply to the parking of trucks and trailers at loading docks during the course of loading and unloading operations.
L.
Parking requirements. The following parking requirements shall apply to development within the Abbey Redevelopment Overlay (ARO) Zone:
(1)
The minimum number of off-street parking spaces required shall be as shown in the table below.
Off-Street Parking Requirements | |
|---|---|
Land Use | Requirement |
Residential (including assisted living) | No fewer than the maximum number of parking spaces per RSIS standards |
Inpatient substance abuse facilities | 0.50 per bed |
Outpatient substance abuse facilities | 1 per 250 square feet |
Offices (including medical offices) | 1 per 250 square feet |
Banks and fiduciary institutions | 1 per 250 square feet |
Personal service establishments | 1 per 250 square feet |
Retail sales and services | 1 per 250 square feet |
Health clubs and spas | 1 per 250 square feet |
Light manufacturing, fabricating and assembly plants | 0.80 per 1,000 square feet |
Wholesale establishments, warehouses and storehouses | 0.80 per 1,000 square feet |
Flex-space buildings | 1 per 500 square feet |
Instructional studios | 1 per 250 square feet |
Hotels, lodging houses and motels | 1 per guest room |
Breweries and distilleries | 1 per 300 square feet of tasting area plus 0.80 per 1,000 square feet of manufacturing area |
Restaurants | 1 per 4 seats |
Banquet facilities | 1 per 4 seatsa |
Places of worship | 1 per 4 seats |
Licensed child-care centers | 0.30 per licensed student |
NOTES: | |
a | If restaurants and/or lodging are provided as ancillary or secondary uses to a banquet facility, the minimum parking requirement shall be the combined parking space requirements for all uses in the building. |
(3)
Parking stalls shall be a minimum of nine feet wide by 18 feet long. Up to 10% of parking stalls may be provided at eight feet wide by 18 feet long for compact cars.
(4)
All parking areas shall be designed with service aisles to meet the following standards:
(a)
One-way: fourteen-foot aisle width.
(b)
Two-way: twenty-four-foot aisle width.
(c)
Parallel parking: twelve-foot aisle width.
(d)
Forty-five-degree angle parking: fourteen-foot aisle width.
(e)
Sixty-degree angle parking: eighteen-foot aisle width.
(f)
Ninety-degree angle parking: twenty-four-foot aisle width.
(5)
Parking lots shall be limited in size where possible and interconnected with commercial parking lots of adjacent properties. Shared parking areas and shared driveways are encouraged. Cross-access easements for adjacent lots with interconnected parking lots and/or driveways shall be required.
(6)
Parking lot design shall consider pedestrian circulation. Pedestrian crosswalks shall be provided and linked to the wider pedestrian network. Pavement textures shall be required on pedestrian accessways, and strongly encouraged elsewhere in the parking lot, as surfacing materials, or when used as accents.
(7)
Parking lots shall meet New Jersey ADA requirements for handicapped parking.
(8)
New driveway and parking areas for residential uses shall be constructed in accordance with the RSIS pavement specifications. Recycled concrete aggregate may substitute for dense graded aggregate. Existing paved driveways and parking areas may remain, provided that they are brought up to the RSIS specification if they are replaced.
(9)
Six-inch Belgian block or concrete curbs shall be installed along new driveways and new parking areas. Curbs shall not be required along existing driveways. Depressed curbs may be utilized to allow stormwater to sheet flow off pavement.
(10)
Parking areas shall be screened from the street by evergreen shrubs forming a hedge no less than three feet, and no more than four feet, in height. In addition, all parking areas which adjoin a residential use along a side or rear lot line shall be screened by a fence or wall of six feet in height, which fence or wall shall be maintained in good condition; provided, however, that a natural landscaped buffer may be substituted, subject to Land Use Board approval.
(11)
Interior parking lot landscaping shall be provided as set forth in Subsection P of this section.
(12)
Electric vehicle charging. Electric vehicle charging equipment shall be provided as required per the New Jersey Electric Vehicle Charging Station Law (P.L. 2021, c. 171).
M.
Loading requirements. The following loading requirements shall apply to development within the Abbey Redevelopment Overlay (ARO) Zone:
(1)
The minimum number of loading spaces required shall be as follows:
(3)
Loading spaces shall be a minimum of 12 feet wide by 30 feet long.
(4)
All loading spaces shall be marked appropriately at the site and shall be used solely for the parking of commercial vehicles, trucks or trailers during loading and unloading.
(5)
Loading areas in side and rear yards shall be screened to reduce visibility from the street. Such screen may take the form of plantings, fencing, walls or any combination thereof.
(6)
All loading areas which adjoin a residential use along a side or rear lot line shall be screened by a fence or wall of six feet in height, which fence or wall shall be maintained in good condition; provided, however, that a natural landscaped buffer may be substituted, subject to Land Use Board approval.
N.
Buffer requirements. The following buffer requirements shall apply to development within the Abbey Redevelopment Overlay (ARO) Zone:
(1)
A buffer shall be provided wherever a nonresidential use is proposed to abut a residential use along a side or rear lot line.
(2)
The buffer area shall be located on the nonresidential lot and shall be adjacent to the shared lot line with the residential use.
(3)
The buffer shall be no less than 25 feet in width and shall be planted with a mix of native evergreen and deciduous trees and shrubs to provide a year-round natural looking screen.
(4)
Fences and walls shall be permitted within the buffer area up to a maximum height of six feet above ground level.
(5)
The finished side of a fence must face adjoining properties. Fence posts that are unfinished and any other structural component of the fence must be installed facing the subject property rather than the adjoining property.
O.
Signage. Within the Abbey Redevelopment Overlay (ARO) Zone, signage shall be consistent with the standards set forth in §§ 190-93, 190-94, and 190-95, as well as the following:
P.
Design standards. The following design standards shall apply to development within the Abbey Redevelopment Overlay (ARO) Zone:
(1)
Building design and mass.
(a)
Buildings, where appropriate, shall be designed to evoke the architectural attributes of buildings within the Township.
(b)
All buildings developed on a lot shall have a unified architectural and design scheme for the facades facing public streets. However, the unified architectural and design scheme is not intended to have the buildings all look alike, but rather have the buildings relate to one another architecturally.
(c)
Natural, earth-tone colors shall be the predominant color scheme, provided that accent colors are permitted as a unifying design element.
(d)
Buildings shall use multiple materials to create attractive facades. Materials may include but are not limited to exterior insulating finishing system, prefabricated steel panels, brick, stone, stucco, decorative split-faced block, cultured stone and fiber cement lap siding (hardiplank). Tilt-up and precast insulated concrete panels shall be cast with decorative designs, brick or decorative block finishes, or stained concrete with design reveals consistent with the color scheme provided in Subsection P(1)(c). above. Smooth-faced unglazed concrete block is prohibited as a predominant exterior building material for facades facing public streets.
(e)
Pitched roofs and/or flat roofs are recommended. Where pitched roofs are proposed, false dormers, hips, valleys, and gable ends should be used to break up unified massive roofs. Architectural shingles are a permitted roof finish for pitched roofs, and metal roofs may also be utilized if color, scale, and trim/fascia complement the facade. Where flat roofs are proposed, parapets shall be provided for elevations facing streets. Variation in the height of parapets and decorative trims are recommended architectural features.
(f)
Facade and/or rooflines of buildings should be stepped, or other architectural features should be provided such as awnings and overhangs, in order to prevent long, singular planes.
(g)
Rear and/or sides of buildings that face streets or primary access drives shall be finished in an attractive manner.
(h)
Finishes of building walls shall be similar in quality throughout the development. A tasteful mixture of finishes and colors is encouraged to prevent each building from looking exactly alike.
(i)
Covered walkways may be used to enhance the architectural facade.
(j)
Main entrances should be defined by architectural elements such as roof height changes, columns, porticos, vestibules, cut-outs, volume changes, etc.
(k)
National tenants and tenants with multiple locations may use their prototype buildings consistent with such brands, subject to the size limitations set forth in this section, provided that they utilize exterior materials which are in keeping with the unified architectural and design scheme.
(l)
In buildings requiring a second means of egress pursuant to the Uniform Construction Code, internal stairs or other routes of egress are preferred. Only in exceptional circumstances shall an attached external fire escape be permitted as one of the required means of egress and only if located on a building's rear or side elevation.
(m)
Buildings with a flat roof surface area of 500 square feet or more shall utilize a material that has a solar reflectivity of 50% or greater as certified by the Cool Roof Rating Council.
(n)
In accordance with P.L. 2021, c. 290, (ACS for A-3352/S-3504), warehouses of at least 100,000 square feet and built after July 1, 2022, shall be solar-ready buildings. For purposes of P.L. 2021, c. 290, "solar-ready zone" is defined as a section of a roof or building overhang designated and reserved for the future installation of a solar photovoltaic or solar thermal system, which is at least 40% of the roof area calculated as the horizontally projected areas minus the area covered by skylights, occupied roof decks, vegetative roof areas, and mandatory access or setback areas required by the State Uniform Construction Code, or as otherwise provided in the 2018 International Energy Conservation Code, Appendix CA, and any successor model code, concerning solar-ready zones.
(2)
Building location and orientation.
(a)
Buildings shall be located towards and relate to public streets, both functionally and visually, to the maximum extent appropriate.
(b)
In a development with multiple principal buildings, the buildings shall be organized, to the maximum extent appropriate, around features such as courtyards, quadrangles and alleys, which encourage pedestrian activity and incidental social interaction among users. Smaller, individualized groupings of buildings are encouraged.
(3)
Awnings.
(a)
Fixed or retractable awnings are permitted at ground floor level and on upper levels where appropriate. Awnings should be compatible with the building's architectural style in terms of color, materials and style and should not conceal architectural features on the building such as decorative columns, pilasters, cornices or decorative details. They should be designed so as not to impair facade composition and to work within the building facade's subdivision.
(b)
Canvas or metal awnings are preferred, although other waterproofed fabrics or materials may be considered. Solid or striped patterns are preferred. Colors of awnings shall be compatible with building and sign colors.
(c)
In a building with multiple storefronts, compatible awnings with similar styles or colors should be used as a means of unifying the structure.
(4)
Pedestrian and bicycle access and circulation.
(a)
Sidewalks shall be required to be provided along all internal roadways within residential and mixed-use developments, which shall be designed in accordance with the Residential Site Improvement Standards requirements.
(b)
Walkway areas within nonresidential developments must be at least four feet in width to provide for the safe and convenient movement of pedestrians, provided however that sidewalks along retail building frontages must be at least six feet wide. Walkways shall be raised and curbed along buildings and within parking lots where suitable. Walkways near building entrances may be level with the pavement to eliminate trip hazards.
(c)
Barrier-free walkway systems shall be provided to allow pedestrian access to buildings or uses from parking lots and public sidewalks.
(d)
Sidewalk displays, limited to the premises from which items are being sold, are permitted directly in front of the retail establishment along the sidewalk, provided at least six feet of clearance is maintained at the storefront entrance and at least four feet of sidewalk width is maintained for pedestrians.
(e)
All building entrances must provide pedestrian access to adjacent streets and/or parking areas.
(f)
Bicycle access and parking should be considered as part of the development.
(5)
Lighting.
(a)
Decorative streetlighting shall be provided along all internal roadways within residential and mixed-use developments.
(b)
Decorative streetlighting shall blend with the architectural style of the community. See details below for an example of streetlight and pole details. Alternate coordinated streetlights and poles shall be considered.
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(c)
A lighting plan providing a minimum of 0.5 footcandle for internal roadways/drive aisles, sidewalks and parking areas shall be provided.
(d)
The light intensity of a nonresidential use shall not exceed 0.3 footcandle along a shared lot line with a residential use.
(e)
No light source shall exceed a height of 25 feet in residential areas, 30 feet in commercial/institutional areas, and 35 feet in industrial areas, provided that no light source shall exceed a height of 25 feet within 100 feet of a residential use. However, light sources not exceeding 20 feet in height are preferred and encouraged, except where vehicular circulation requires more efficient coverage and greater height.
(f)
Lighting shall be downward facing or shielded to prevent glare and off-site light pollution.
(g)
The use of creative lighting schemes to highlight building facades and related areas of a site is encouraged.
(6)
Landscaping.
(a)
Landscaping shall be provided to promote a desirable and cohesive natural environment for residents, downtown patrons, employees, passing motorists and visitors. Landscaping shall be utilized to provide screening, provide windbreaks for winter winds and summer cooling for building, streets, and parking.
(b)
Ornamental trees should be provided throughout the ARO Zone, particularly at key locations such as site entrances and along existing roadway frontages.
(c)
Hedges, shrubs, and ground cover should be used to define space and provide privacy. Foundation plantings should include evergreen and deciduous shrubs.
(d)
Landscape plantings should complement the building and emphasize important features.
(e)
All landscaping must have a two-year maintenance guarantee. If any planting material dies within two years of planting, it must be replaced by the following planting season.
(f)
The use of planters, window flower boxes and hanging baskets is encouraged to provide seasonal color.
(g)
The use of landscaping, plants and trees which are native to the Township is recommended.
(h)
Existing healthy and mature trees should be retained and incorporated into the landscape plan, wherever reasonably possible.
(i)
The landscaping shall be integrated with other site design features such as walkways, paths, gazebos, fountains, street furniture and public art.
(j)
Street trees, a minimum of 2.0 inches caliper at the time of planting, shall be planted along all internal roadways within residential and mixed-use developments. The bottom branches shall be trimmed to a minimum of seven feet from the ground to allow pedestrian passage. Tree spacing shall be generally 35 feet to 40 feet apart with variation for driveways and lighting.
(k)
Parking lots shall be suitably landscaped to provide shade and visual relief. At least one shade tree, a minimum of 2.0 inches caliper at the time of planting, shall be provided for every 10 parking spaces. The perimeter edge of the parking lot shall be attractively landscaped.
(7)
Refuse and recycling.
(a)
Trash, garbage and recyclable materials stored outside a building shall be stored in suitable containers and in fenced or walled enclosures.
(b)
Said enclosures shall be six feet in height. Materials should coordinate with the building.
(c)
Said enclosures shall be located in the side or rear yard, shall be set back minimally 10 feet from side and rear lot lines, and shall be screened from view from any adjoining street or property when deemed necessary by the Land Use Board.
(d)
Property owners and businesses are encouraged to consolidate and share refuse and recycling areas.
(8)
Fences and walls.
(a)
Except as otherwise regulated in this section for screening of parking and loading, buffering, and refuse/recycling enclosures, fences and walls shall be limited to a maximum height of four feet in front and side yards and shall be limited to a maximum height of six feet in rear yards.
(b)
The finished side of a fence must face adjoining properties. Fence posts that are unfinished and any other structural component of the fence must be installed facing the subject property rather than the adjoining property.
(c)
Walls and fences in all public areas are to be constructed to harmonize with the architectural detail of the principal structure.
(d)
Chain-link fencing shall only be permitted in rear yards and shall be located no closer to the street than the rear wall of the principal building.
(9)
Service equipment, electric, internet and telephone.
(a)
All air-conditioning units, HVAC systems, exhaust pipes or stacks, elevator housing, satellite dishes and other telecommunications receiving devices shall be screened from public view using walls, roof elements or other such screening devices, designed to be architecturally compatible with the building's style, materials, colors and details.
(b)
Lots which abut existing streets where overhead electric, internet or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric and telephone service from those overhead lines, but any new service connections from the utilities' overhead lines shall be installed underground, with the exception of industrial uses which may be served overhead.
Q.
Other requirements. All other applicable requirements of Chapter 190, and of other chapters, of the Township Code shall apply to development within the Abbey Redevelopment Overlay (ARO) Zone unless superseded by the regulations of this section. In case of a conflict between the provisions of this section and other provisions of the Code, this section shall apply.