Branchburg City Zoning Code
ARTICLE III
ZONING
§ LDO3-1.1 Purpose.
In their interpretation and application, the provisions of this Article shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals and general welfare, consistent with the purposes set forth at N.J.S.A. 40:55D-2.
§ LDO3-1.2 Scope.
A.
It is not intended by this Chapter to repeal, abrogate, annul or in any way to impair or interfere with existing provisions of the Revised General Ordinance or with private restrictions placed upon property by deed, covenant, or other agreements. However, where this Chapter imposes a greater restriction upon land, buildings or structures than is imposed by existing provisions of this Chapter, or by deed, covenant or other agreements, the provisions of this Chapter shall control.
B.
The provisions of this Article, including, but not limited by way of limitation, the provisions relating to nonconforming uses and nonconforming structures shall, in conjunction with the provisions of this Chapter, be construed as the continuation of the substantive provisions of the Township of Branchburg Zoning Ordinance, and amendments and supplements thereto in effect at the time of adoption of this Chapter, rather than new enactments.
§ LDO3-2.1 Zoning to Affect all Structures, Buildings, Land and Uses. [1]
No land, lot or premises and no building or structure shall be used for any purpose other than those permitted by this Article for the zone in which it is located. No building or structure may be erected, razed, moved, extended, enlarged or altered unless such action is in conformity with the regulations provided for the zone of this Article in which the said building or structure is located. Any deviation proposed from the use and bulk requirements of this Article shall require a variance pursuant to N.J.S.A. 40:55D-70 et seq.
[1]
Editor's Note: Bulk Regulations and Uses by Zone are contained in Schedules I and II included as attachments to this chapter.
§ LDO3-2.2 Yards and Street Frontage.
A.
Every lot shall contain front, rear and side yards as required in the zone in which said lot is located unless otherwise regulated. All lots shall have a minimum of one front yard fronting on a street, as defined in N.J.S.A. 40:55D-7, which has been improved to Township standards or accepted by the Township.
B.
No open space which has been counted or included as part of a side yard, rear yard, front yard, court or other open space as required by this Article for one building may, by reason of change of ownership or for any other reason, be counted or included in order to comply with yard, court or other open space requirement of any other building.
§ LDO3-2.3 Existing Platted Lot.
A lot which at the time of the adoption of this revised Chapter fails to comply with the minimum lot size requirements of this Chapter may be used for any use otherwise permitted in the zone in which it is located, provided required side and rear yards are proportionate to the ratio of lot area to the zone specified minimum lot area. In no event shall reductions greater than 50% of the minimum required setbacks be permitted. In the event that a lot which fails to comply with the minimum lot size requirements of this Chapter is contiguous with and in the same ownership as another lot, such lots shall be deemed merged and construed to be one lot for all purposes. Use thereof as other than one lot is prohibited except as may be authorized by subdivision approval.
§ LDO3-2.4 Corner Lots.
All yards on corner lots abutting any street shall be construed as front yards and shall be subject to the front yard setback requirement of the zone. One of the remaining yards shall be designated the rear yard and the other a side yard and shall meet the rear and side yard setback requirements respectively in the zone.
§ LDO3-2.5 Second Principal Building on Same Lot Prohibited.
A.
Only one principal building may be erected on a lot except for related compatible buildings constituting one basic use or operation under one management and limited to the following:
B.
No building to be used as a dwelling shall be constructed, altered or moved on, to or in the rear of any building situated on the same lot.
§ LDO3-2.6 Required Area or Space.
No lot, yard, parking area or other open space shall be so reduced in area or dimension as to make it less than the minimum required under this Article. No lot, yard, parking area or other open space which is already less than the minimum required under this Article shall be further reduced in area or dimension.
§ LDO3-2.7 Projections into Street Right-of-Way.
No steps, fences, wall or any other above ground object shall extend into any street right-of-way.
§ LDO3-2.8 Height Exceptions.
A.
The height limitations required in each zone shall not apply to steeples of houses of worship, masts, flag poles, antennas and radio towers. The maximum height for these uses shall not exceed 50 feet or the height limitation for the zone in which it is located, whichever is greater. Any freestanding antenna or radio tower shall be set back from all lot lines a distance equal to its height.
B.
In all nonresidential zones, penthouses or roof structures for elevators, stairways, tanks, ventilating fans, air conditioning equipment or similar equipment required to operate and maintain the building, skylights, spires, cupolas, chimneys or similar structures may be erected above the height limits prescribed by this ordinance but in no case shall exceed 10% of the maximum height permitted in the zone and further provided not more than 10% of the roof area is occupied by such facilities.
§ LDO3-2.9 Average Setback Requirements in Residential Zones.
A.
No building shall be erected and no building shall be reconstructed or altered so as to project in any way beyond the average setback lines observed by existing buildings on the same side of the street within the block at the time of the passage of these regulations. Where the block affected has a length of more than 1,000 feet between its intersecting or intercepting streets, the average setback line observed by buildings on the same side of the street within 300 feet on each side of the lot in question shall control.
§ LDO3-3.1 Zones Established.
[Ord. No. 2008-1093 § 3; Ord. No. 2013-1235 § 1; Ord. No. 2015-1264 § 2; Ord. No. 2017-1308 § 2; Ord. No. 2018-1334 § 1; amended 7-22-2019 by Ord. No. 2019-1357; 8-26-2019 by Ord. No. 2019-1358; 8-26-2019 by Ord. No. 2019-1359; 10-28-2019 by Ord. No. 2019-1365; 2-10-2020 by Ord. No. 2020-1375; 9-14-2020 by Ord. No. 2020-1390; 3-28-2022 by Ord. No. 2022-1424]
For the purpose of this Article, the Township of Branchburg is hereby divided into the following zones:
RRC - Raritan River Corridor |
R3 - R-3 Rural Three Acre Residential |
LD - Low Density/1 Acre Residential |
LD/C - Low Density Cluster Option |
LD/C2 - Low Density Cluster Option 2 |
VR - Village Residential (Neshanic Station) |
NBH - North Branch Hamlet |
MH - Mobile Home |
MDR - Medium Density Residential |
AH-1 - Affordable Housing 1 |
AH-2 - Affordable Housing 2 |
AH-3 - Route 22 Planned Residential/Affordable Housing |
AH-4 - Route 22 Affordable Housing 4 |
AH-5 - Route 202 Affordable Housing 5 |
AH-6 - Route 202 South Affordable Housing 6 |
AH-7 - 18 Lamington Road Affordable Housing 7 |
ALO - Assisted Living Overlay |
CF - Community Facilities |
U - Public Utility |
VB - Village Business (Neshanic Station) |
R/S-1 - Retail Service 1 |
R/S-2 - Retail Service 2 |
R/S-3 - Retail Service 3 |
R/S-4 - Retail Service 4 |
OL - Office/Laboratory |
I-1 - Industrial (3 Acres) |
I-2 - Industrial (5 Acres) |
I-3 - Industrial (2 Acres) |
O - Office |
PO - Planned Overlay |
EWRZP - Evans Way Redevelopment Plan Zone |
§ LDO3-3.2 Zone Map.
[Ord. No. 2015-1264 § 3; Ord. No. 2017-1308 § 3; Ord. No. 2018-1334 § 2; Ord. No. 2002-876 § 1; Ord. No. 2003-928 § 1; Ord. No. 2004-944 § 1; Ord. No. 2008-1093 § 4; Ord. No. 2012-1195]
A.
The Zoning Map dated April 3, 2000, Rev No. 16, dated March 28, 2022 (Ord. No. 2022-1424), delineating the zones set forth in Section 3-3, is hereby declared to be a part of this Article. A copy of said Zoning Map is filed in the office of the Township Clerk.
Editor's Note: The Zoning Map is included as an attachment to this chapter.
[Amended 7-22-2019 by Ord. No. 2019-1357; 8-26-2019 by Ord. No. 2019-13588-26-2019 by Ord. No. 2019-1359; 10-28-2019 by Ord. No. 2019-1364; 10-28-2019 by Ord. No. 2019-1365; 3-28-2022 by Ord. No. 2022-1424]
B.
The zone boundary lines are intended generally to follow street center lines, existing lot lines, center lines of railroad rights-of-way, and the like, as indicated on the Zoning Map. Where a zone boundary line does not coincide with any such line as above set forth, its location or relation to another boundary line is indicated on the Zoning Map by means of figures expressing distance in feet from a street side line or other boundary line. In cases of uncertainty or disagreement as to the true location of any zone boundary line, the determination thereof shall lie with the Zoning Board of Adjustment.
§ LDO3-3.3 Prohibited Uses.
[Ord. No. 2004-944 § 1; amended 5-24-2021 by Ord. No. 2021-1410; 3-27-2023 by Ord. No. 2023-1445]
A.
All uses not specifically permitted in each zone are prohibited.
B.
Community shopping centers which include more than 60,000 square feet of gross floor area and/or with an anchor tenant occupying 30,000 or more square feet are prohibited in all zones.
C.
Junk yards are prohibited in all zones.
D.
Commercial storage of household or consumer goods, such as "mini-storage," are prohibited in all zones.
E.
All classes of cannabis establishments, cannabis distributors or cannabis delivery services as said terms are defined in N.J.S.A. 24:6I-33. Licensed cannabis delivery services situated outside the geographic boundaries of the Township may deliver cannabis items and related supplies within the Township as permitted by the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:6I-31, et. seq., are prohibited in all zones.
F.
Warehouses are prohibited in all zones.
G.
Major Distribution Centers are prohibited in all zones.
H.
Large Fulfillment Distribution Centers are prohibited in all zones.
I.
Last-Mile Fulfillment Centers are prohibited in all zones.
J.
High Cube Automated Warehouses are prohibited in all zones.
K.
Cross Docking is prohibited in all zones.
L.
Cold Storage is prohibited in all zones.
§ LDO3-4 (RESERVED) [1]
[1]
Editor's Note: Former Section 3-4, A Agricultural/3 Acre Residential District, containing Ordinance Nos. 2001-865, 2002-890, 2006-1011 and 2006-1044, was repealed in its entirety by Ord. No. 2013-1235.
§ LDO3-5.1 Purpose.
The purpose of the LD zone is to provide for low density development in a manner consistent with the established pattern of development in the areas of the Township serviced by suburban infrastructure.
Lots previously subdivided under an approved clustering plan in the former RCL zone shall meet the minimum lot area and bulk requirements of the approved plan.
§ LDO3-5.2 Permitted Uses.
[Ord. No. 2014-1244 § 2; Ord. No. 2015-1283 § 17]
B.
Accessory uses.
1.
Accessory uses customarily incidental and ancillary to a permitted use.
2.
Home occupations as regulated in Section 3-24.
4.
The keeping of horses, provided that they are kept under sanitary conditions and provided that unattended horses are at all times kept within a fence not closer than five feet to any lot line or a structure which shall not be permitted closer than 35 feet to any lot line. No horse or pony may be kept on a lot less than 45,000 square feet in area. Each additional horse or pony shall require an additional 15,000 feet of lot area.
§ LDO3-5.3 Area and Bulk Requirements.
[Ord. No. 2001-865 § 4; Ord. No. 2006-1011 § 3; Ord. #2006-1044 § 3]
A.
Minimum lot area: 43,560 square feet.
B.
Minimum lot frontage: 150 feet.
C.
Minimum front yard: 75 feet.
D.
Minimum side yard: 25 feet.
E.
Minimum rear yard: 35 feet.
F.
Maximum height: 2-1/2 stories or 35 feet, whichever is less.
G.
Lot suitability. No residential lot created hereafter shall contain less than 10,000 square feet of contiguous unconstrained lot area within the building envelope.
H.
Lot circle. Each new residential lot shall be arranged in such a manner that a circle with a diameter of at least 90 feet can be inscribed within the building setback lines, tangent to the front setback line.
I.
Maximum density: one unit per acre.
§ LDO3-5.4 Area and Bulk Requirements for Previously Approved Cluster Subdivision.
§ LDO3-6.1 Purpose.
[Ord. No. 2006-1034 § 1; Ord. No. 2006-1047 § 1]
The purpose of the VR zone is to ensure that any new development is consistent with the character and scale of Neshanic Station.
As the village has grown and changed over time, parcels of various sizes have been created, with some smaller and some larger. However, prior VR zone standards have encouraged further subdivision and deconstruction or substantial alteration of the fabric and scenic character of the village. Stately older homes on "oversized" parcels are a key element of village character that should not be left on undignified remnant parcels with large new modern homes and cul-de-sacs erasing the context of an earlier era and an important element of village character. The density, bulk and design review standards are intended to preserve, protect and enhance the village character to the greatest extent practicable.
§ LDO3-6.2 Permitted Uses.
[Ord. No. 2014-1244; § 3; Ord. No. 2015-1283 § 18]
§ LDO3-6.3 Area and Bulk Requirements.
[Ord. No. 2004-955 § 1; Ord. No. 2006-1011 § 4; Ord. No. 2006-1034 § 2; Ord. No. 2006-1044 § 1; Ord. No. 2006-1047 § 2]
A.
Minimum lot area: 15,000 square feet.
B.
Minimum lot frontage: 75 feet.
C.
Minimum front yard: 35 feet.
D.
Minimum side yard: 10 feet.
E.
Minimum rear yard: 15 feet.
F.
Maximum height: 2-1/2 stories or 35 feet, whichever is less.
G.
Lot circle. Each new residential lot shall be arranged in such a manner that a circle with a diameter of at least 50 feet can be inscribed within the building envelope and tangent to the front yard setback line.
H.
Maximum density: one unit per acre.
§ LDO3-6.4 Architectural Review.
[Ord. No. 2006-1034 § 3; Ord. No. 2006-1047 § 3]
Development in this zone shall be in reasonable harmony with the established character of this old nineteenth century village with respect to size, bulk and general appearance of new construction and exterior alterations of existing structures as well as the location and configuration of structures and driveways. Applicants for subdivision before a Board shall submit detailed plans and architectural elevations for review and recommendation by the Township Historic Preservation Commission pursuant to the Land Development Ordinance.
§ LDO3-7.1 Purpose.
[Ord. No. 2006-1034 § 4; Ord. No. 2006-1047 § 4]
The purpose of the NBH zone is to protect the character of the historic North Branch Hamlet and its environs, to encourage a gradual growth on higher and dryer grounds and to discontinue land uses other than farming in the flood plains.
Due to repeated flooding, the hamlet has changed over time, with some buildings removed or elevated. Previous lot area standards permitted subdivision to a least common denominator lot size (8,000 square feet) that invited the deconstruction or substantial alteration of the fabric and scenic character of the hamlet. The NBH zone density, bulk and design review standards are intended to preserve the village character to the greatest extent practicable.
§ LDO3-7.2 Permitted Uses.
§ LDO3-7.3 Area and Bulk Requirements.
[Ord. No. 2002-899 § 5; Ord. No. 2006-1011 § 5; Ord. No. 2006-1034 § 5; Ord. No. 2006-1044 § 5; Ord. No. 2006-1047 § 5]
A.
Minimum lot area: 8,000 square feet.
B.
Minimum lot frontage: 50 feet.
C.
Minimum front yard: 15 feet.
D.
Minimum side yard: 10 feet.
E.
Minimum rear yard: 10 feet.
F.
Maximum height: 2-1/2 stories or 40 feet, whichever is less, above the 100-year flood level delineation.
G.
A building which is being elevated for flood mitigation in a project funded in whole or in part by the Federal Emergency Management Agency shall be deemed to comply with the yard requirements of this subsection if the preexisting yards are reduced by no more than necessary for participation in the project.
H.
Maximum density: one unit per acre.
§ LDO3-7.4 Architectural Review.
[Ord. No. 2006-1034 § 6; Ord. No. 2006-1047 § 6]
Development in this zone shall be in reasonable harmony with the established character of this old nineteenth century hamlet with respect to size, bulk and general appearance of new construction and exterior alterations of existing structures as well as the location and configuration of structures and driveways. Applicants for subdivision before a Board shall submit detailed plans and architectural elevations for review and recommendation by the Township Historic Preservation Commission pursuant to the Land Development Ordinance.
§ LDO3-8.1 Purpose.
The purpose of these regulations is to allow the Township's three existing mobile home courts to operate in accordance with appropriate bulk and site design standards as set forth in this section. The regulations recognize the fact that the mobile home courts were built prior to the enactment of modern standards and construction of larger units. It provides for the administrative procedure to allow the courts to modernize in accordance with an approved site plan.
§ LDO3-8.2 Permitted Uses.
§ LDO3-8.3 Area and Bulk Requirements.
A.
Maximum density: seven units per acre.
B.
Minimum tract size: 200,000 square feet.
C.
Minimum mobile home pad site: 3,200 square feet.
D.
Minimum pad width: 40 feet.
G.
Minimum distance to pad boundary line: 10 feet.
H.
Maximum building height: 20 feet.
I.
Minimum open space: 20% gross tract area.
K.
Minimum active recreation area: 10% of gross tract area.
L.
Parking: 2.0 stalls per unit; one of which may be located off the pad area.
M.
Perimeter buffer: 50 feet.
§ LDO3-8.4 Other Requirements.
§ LDO3-8.5 Site Plan Approval Required.
A.
Whenever a replacement mobile home unit is proposed in a mobile home park in a manner so as to create variances from the standards set forth above, a site plan shall be submitted to the approving board. The plan shall show the location of the existing and proposed unit and its relationship to surrounding units, dimensions, setbacks, lighting, car parking, canopies and the location of storage sheds. Any variances shall be indicated and all necessary notices and variance applications shall be submitted with the site plan. Site plan approval shall not be required for the replacement of any mobile home unit provided that all of the zoning standards set forth above are met.
B.
In lieu of submitting a site plan on a case by case basis for a single unit, an applicant may submit a site plan for the entire mobile home park. The plan shall show all items required for a site plan as set forth in this ordinance including but not limited to existing and proposed unit locations, parking, location of canopies and storage sheds, lighting and open space.
The site plan shall also indicate all existing and future variances from the ordinance bulk standards. All statutory requirements for variances such as advertisements and notices shall be met. Once approved, an applicant need only apply to the Zoning Officer for any unit change and as long as the new units meet the approved site plan, a permit can be issued. If there is any significant change from the approved plan, an amended site plan is required to be submitted and a new approval secured.
§ LDO3-9.1 Purpose.
[Ord. No. 2005-975 § 1]
The purpose of the MDR zone is to provide for one acre development in a manner consistent with existing development in and contiguous to the zone.
This zone previously permitted Residential Combination Clusters as a conditional use. All of the land reasonably appropriate for Residential Combination Clusters having been developed, new Cluster subdivisions are no longer permitted. Lots previously subdivided under an approved Residential Combination Cluster zone shall meet the minimum lot area and bulk requirements of the approved plan.
§ LDO3-9.3 Area and Bulk Requirements.
[Ord. No. 2001-865 § 5; Ord. No. 2006-1011 § 6; Ord. No. 2006-1044 § 6]
A.
Minimum lot area: 43,560 square feet.
B.
Minimum lot width: 150 feet.
C.
Minimum front yard: 75 feet.
D.
Minimum side yard: 25 feet.
E.
Minimum rear yard: 35 feet.
F.
Maximum building height: 2-1/2 stories or 35 feet, whichever is less.
G.
Lot suitability. No residential lot created hereafter shall contain less than 10,000 square feet of contiguous unconstrained lot area within the building envelope.
H.
Lot circle. Each new residential lot shall be arranged in such a manner that a circle with a diameter of at least 90 feet can be inscribed within the building setback lines, tangent to the front setback line.
I.
Maximum density: one unit per acre.
§ LDO3-10.1 Purpose.
The AH-1 zone had previously been identified as the RMU Residential Multiple Use zone and was established to provide multiple residential uses with immediate access to Route 202 and to provide for the opportunity for low and moderate income housing. The AH-1 zone is established to provide for multiple residential uses with immediate access to U.S. Highway 202, including senior citizens housing, townhouses and flats, and to provide for the opportunity for low and moderate income housing.
§ LDO3-10.2 Principal Uses and Structures Permitted.
§ LDO3-10.3 Accessory Uses and Structures Permitted.
The following accessory uses and structures shall be permitted in the AH-1 zone only for the use of the occupants of permitted dwellings:
§ LDO3-10.4 Conditional Uses.
Governmental uses and public utility facilities as regulated in subsection 3-23.1.
§ LDO3-10.5 Yard, Area, Height and Other Restrictions.
An entire integrated development in the AH-1 zone shall conform with the following yard, area, height and other restrictions:
A.
The minimum area shall be 20 acres.
B.
The maximum gross density shall not be more than 12 units per acre.
C.
There shall be a minimum of 40% common open space.
D.
All buildings shall be set back at least 150 feet from any lot line.
E.
All parking shall be set back at least 75 feet from any lot line.
F.
No structure shall exceed 35 feet or two stories.
G.
20% of the development shall be designated on the site plan for recreational uses for the residents of the development, which shall include as a minimum walking paths and a tennis court. Where a development is located within 300 feet of an existing Township park, the Planning Board may reduce or waive this requirement at the time of the site plan review.
H.
Convenient access shall be provided for all residents of the development to existing or potential public transportation facilities. Pick up points for existing or potential public transportation shall be provided in the road plan. The distance between senior citizens units and public transportation pick up points shall be minimized.
§ LDO3-10.6 Buffering and Landscaping Requirements.
An integrated development in the AH-1 zone shall conform with the following buffering and landscaping requirements:
A.
A fifty-foot landscaped buffer and berm shall be installed wherever an AH-1 development borders on or is across a Township or County street from an existing residential use or from a nonresidential use deemed not compatible by the Planning Board. The buffer shall consist of deciduous and coniferous trees which shall have a minimum height of eight feet at planting and shall be maintained at a minimum height of 15 feet. The buffer may be achieved by planting three staggered rows of evergreen trees, rows to be 10 feet apart. Evergreen shrubs shall be planted along with the trees. The Planning Board may approve a reduction in buffer width if a 100% visually impervious screen, fence, or wall of permanent material is incorporated. The berm shall be a minimum of five feet high.
B.
The buffer size shall be measured horizontally and at right angles to any straight lot or street line or to the tangent line of any curved lot or street line. No above-surface structure or activity and no storage of materials or parking of vehicles shall be permitted in the buffer. The buffer shall be planted and maintained with grass or ground cover, together with a dense screen of trees, shrubs, or other plantings meeting the requirements.
C.
Any part of the AH-1 development not used for structures, roadways, loading, accessways, parking, or pedestrian walks shall be landscaped with grass, trees, and shrubs as designed by a certified landscape architect.
§ LDO3-10.7 Parking Requirements.
Each housing unit in an AH-1 zone shall have the following parking:
§ LDO3-10.8 Age Restrictions.
The Planning Board shall require as a condition of approval of an AH-1 development that 40% of the housing units be age restricted so that occupancy of such housing will be limited to senior citizens 62 years of age or older. This age restriction may be modified by the Planning Board upon showing by an applicant that strict adherence is impracticable and not economically feasible as long as any modified age restrictions do not violate any State or Federal laws or regulations.
§ LDO3-10.9 Low and Moderate Income Housing Unit Requirements.
Of the total number of residential units within an AH-1 development, 10% shall be low income dwelling units and a like number shall be moderate income dwelling units as defined by So. Burlington Cty. N.A.A.C.P. v. Mount Laurel Tp., 92 NJ 158 (1983). Low and moderate income units shall be age restricted in the same proportion as other units in the development. The applicant shall propose, as a part of its application, a plan by which the low and moderate income dwelling units shall be restricted for sale or rental to families of low or moderate income respectively, in conformity with the requirements of the New Jersey Council on Affordable Housing (COAH) applicable to Somerset County.
§ LDO3-10.10 Design Regulations.
A.
Regulations for townhouse units.
1.
Yard and area requirements:
Minimum lot area: 2,000 square feet (per unit).
Minimum lot frontage: 20 feet (per unit).
Minimum lot width: 20 feet (per unit).
Minimum front yard: 30 feet for units with garages, 15 feet for units without garages.
Minimum side yard: Zero feet if adjoining another unit, 15 feet if outside wall.
Minimum rear yard: 60 feet (per unit).
2.
The maximum number of townhouse units per building shall be 12.
3.
Townhouse units attached on a single linear plane shall not exceed a length of 120 feet.
4.
The front facades of at least 40% of the units in a single building shall be set back at least 10 feet behind the facades of the remaining units in such building.
5.
The roof lines of at least 30% of the units in a single building shall be staggered in height by at least 5% of the height of the roof lines of the remaining units in the building. Chimneys, skylights, dormers and the like are recommended to vary the visual plan and provide additional light access to upper stories.
6.
Where an outdoor living space is included for any townhouse unit, it shall be provided with adequate visual screening from all neighboring dwelling units, other outdoor living spaces, parking areas and roadways.
7.
Each townhouse unit shall have a private rear yard of 200 square feet minimum, which shall be enclosed by means of a four-foot high wooden fence, hedge or combination of both.
8.
A minimum of 300 square feet of storage shall be provided for each townhouse unit in the basement, attic or other area attached to unit. This area shall include storage for garbage in the front of the unit, bicycles, garden equipment, barbecue equipment and the like.
B.
Regulations for flats.
1.
Flats shall be designed so that the exterior of each pair of flats shall have substantially the same appearance as a townhouse unit.
2.
All flats shall be designed for and sold in the condominium form of ownership.
3.
The roof lines of at least 30% of the flats in a single building shall be staggered in height by at least 5% of the height of the roof lines of the remaining units in the building. Chimneys, skylights, dormers and the like are recommended to vary the visual plan and provide additional light access to upper stories.
4.
Where an outdoor living space is included for any flat, it shall be provided with adequate visual screening from all neighboring dwelling units, other outdoor living spaces, parking areas and roadways. Screening may be accomplished with plantings, masonry structures or wood fencing. Architectural elements, such as masonry walls and fences, shall be compatible in both style and materials with the dwelling flat.
5.
A minimum of 300 square feet of storage shall be provided for each flat in the basement, attic or other area attached to the flat. This area shall include storage for garbage in the front of the flat, bicycles, garden equipment, barbecue equipment and the like.
6.
The maximum number of flats per building shall be 24.
7.
Each first floor flat shall have a private patio of at least 60 square feet. Each second floor flat shall have a balcony or outdoor space of at least 60 square feet.
§ LDO3-10.11 Phasing Requirements.
§ LDO3-11.1 Purpose.
The purpose of the LD/C zone is to provide for compatible low density clustered development in an area where the established pattern of development is clustered. It is the intent of this zone to provide for residential development at densities not to exceed those permissible in the conventional LD zone while providing for extension of open space into the existing open space network.
§ LDO3-11.2 Permitted Uses.
§ LDO3-11.3 Area and Bulk Requirements.
[Ord. No. 2001-865 § 6]
A.
For conventional, non-clustered development the area and bulk standards shall be those of the LD zone.
B.
Standards for cluster development:
1.
Lot yield: Lot yield for cluster development shall be based upon the submission of a conforming subdivision plan demonstrating full compliance with requirements of the LD zone. All lots shall be buildable from both a regulatory and technical perspective. Lots shall comply with all of the requirements of the Township's Land Development Ordinance and those of other agencies, including the State Department of Environmental Protection.
2.
Minimum tract size: 15 acres.
3.
Minimum lot area: 24,000 square feet.
4.
Minimum lot frontage: 100 feet.
5.
Minimum front yard: 50 feet.
6.
Minimum side yard: 15 feet.
7.
Minimum rear yard: 35 feet.
8.
Maximum building height: 35 feet.
9.
Minimum open space: 40% of gross tract area.
10.
All cluster development shall provide for an Open Space Management Plan to address the long-term ownership and maintenance of any open space.
11.
Lot suitability. No residential lot created hereafter shall contain less than 10,000 square feet of contiguous unconstrained lot area within the building envelope.
12.
Lot circle. Each new residential lot shall be arranged in such a manner that a circle with a diameter of at least 65 feet can be inscribed within the building setback lines, tangent to the front setback line.
§ LDO3-12.1 Purpose.
The Community Facilities zone has been created to provide appropriate zoning for areas where municipal uses, public schools, parks, playgrounds, or other municipal facilities exist or are planned to be constructed.
§ LDO3-12.2 Permitted Uses.
[Ord. No. 2014-1244 § 5]
B.
Accessory use customarily incidental and ancillary to a permitted use.
C.
Conditional uses.
1.
Child care centers as regulated in Section 4-7.
2.
Community residences that comply with the requirements of N.J.A.C. 5:93-5.8 regulating Alternative Living Arrangements and with the requirements of Article XIII, Affordable Housing, including the establishment of 30 year controls on affordability. Community residences in the CF Zone need not occupy individually subdivided lots.
§ LDO3-12.3 Area and Bulk Requirements.
A.
Front yard of 75 feet from street center line or 50 feet from right-of-way line.
B.
Side and rear yard setbacks of 75 feet for principal structure and 25 feet for off-street parking and other accessory structures.
C.
Maximum lot coverage of 25%.
D.
Lot size sufficient for all required yards and off-street parking.
§ LDO3-13.1 Purpose.
The purpose of the utility zone is to provide zoning to address large tracts where major public utility installations presently exist.
§ LDO3-13.2 Permitted Uses.
A.
Principal uses. Natural gas transmission facilities and electric substation.
B.
Accessory uses. Customary utility facilities that may be required for the generation, transmission, and distribution of electric energy or other utilities.
C.
Conditional uses. Governmental uses and public utility facilities as regulated in subsection 3-23.1.
§ LDO3-13.3 Area and Bulk Standards.
No minimum area or bulk standards are included because of the unique character of these uses. A minimum buffer of 25 feet shall be provided around the perimeter of all such facilities. Site plan review by the Planning Board shall determine any other relevant reasonable requirements to minimize the visual or adverse impacts of these uses on the surrounding properties.
§ LDO3-14.1 Purpose.
The purpose of the village business zone is to provide for commercial uses which have historically existed within the Village of Neshanic and to provide for additional commercial opportunities for uses which are compatible with the established village character.
§ LDO3-14.2 Permitted Uses.
[Ord. No. 2015-1283 § 25]
A.
Principal uses.
Retail sales and services as follows:
1.
Retail sales and personal services.
2.
Business and professional offices.
3.
Banks and other fiduciary institutions.
4.
Family day care homes.
5.
Restaurants.
6.
Community residences for the developmentally disabled and community shelters for victims of domestic violence that contain less than six occupants.
7.
Child care centers as regulated in Section 4-7.
C.
Conditional uses. Governmental use and public utility facilities as regulated in subsection 3-23.1.
§ LDO3-14.3 Area and Bulk Requirements.
§ LDO3-15.1 Purpose.
These zone districts are for retail and service type businesses limited to the sale on the premises of commodities and/or services or furnishings to the ultimate consumer. An additional goal of these districts is to confine retail uses to the areas so zoned to prevent sprawling and strip commercial development along the Township's highways.
§ LDO3-15.2 Permitted Uses.
[Ord. No. 2006-1035 § 1; Ord. No. 2006-1048 § 1; Ord. No. 2006-1053 § 1]
A.
Principal uses.
1.
Retail sales and personal services.
2.
Lumber and other building materials.
3.
Heating and plumbing equipment.
4.
Restaurants, conventional and take-out.
5.
Business and professional offices.
6.
Funeral parlors.
7.
Clothing rental.
8.
Furniture repair.
9.
Motels and hotels.
11.
Community residences for the developmentally disabled and community shelters for victims of domestic violence that contain less than six occupants.
12.
Child care centers as regulated in Section 4-7.
B.
Accessory uses customarily incidental and ancillary to a permitted use.
§ LDO3-15.3 Area and Bulk Requirements.
[Ord. No. 2006-1035 § 2; Ord. No. 2006-1048 § 2; Ord. No. 2006-1053 § 2]
A.
Minimum lot area: 110,000 square feet.
B.
Minimum lot width: 325 feet.
C.
Minimum front yard: 50 feet.
D.
Maximum front yard: 100 feet.
E.
Minimum side yard: 25 feet.
F.
Minimum rear yard: 25 feet.
G.
Maximum height: 50 feet or 3 1/2 stories, whichever is less.
H.
Maximum impervious coverage by number of stories in building:
Less than 2 stories | 40% |
At least 2 stories but less than 3 | 50% |
At least 3 stories | 60% |
§ LDO3-16.1 Purpose.
The purpose of this zone is to provide goods and services to the ultimate consumer in appropriately scaled shops and offices, reflecting the character of development along Route 202.
§ LDO3-16.2 Permitted Uses.
[Ord. No. 2015-1283 § 27]
A.
Principal uses.
1.
Retail sales and personal services.
2.
Lumber and other building materials.
3.
Heating and plumbing equipment.
4.
Restaurants, conventional and take-out.
5.
Business and professional offices.
6.
Funeral parlors.
7.
Clothing rental.
8.
Furniture repair.
9.
Motels and hotels.
11.
Community residences for the developmentally disabled and community shelters for victims of domestic violence that contain less than six occupants.
12.
Child care centers as regulated in Section 4-7.
B.
Accessory uses customarily incidental and ancillary to a permitted use.
§ LDO3-16.3 Area and Bulk Requirements.
[Ord. No. 2006-1035 § 3; Ord. No. 2006-1048 § 3; Ord. No. 2006-1053 § 3]
A.
Minimum lot area: 60,000 square feet.
B.
Minimum lot width: 200 feet.
C.
Minimum front yard: 50 feet.
D.
Maximum front yard: 100 feet.
E.
Minimum side yard: 25 feet.
F.
Minimum rear yard: 25 feet.
G.
Maximum height: 50 feet or 3 1/2 stories, whichever is less.
H.
Maximum impervious coverage by number of stories in building:
Less than 2 stories | 40% |
At least 2 stories but less than 3 | 50% |
At least 3 stories | 60% |
§ LDO3-17.1 Purpose.
[Ord. No. 2015-1264 § 4]
The purpose of the OL zone is to provide large scale, low intensity business office and laboratory development in the Route 202 Corridor.
§ LDO3-17.2 Permitted Uses.
[Ord. No. 2005-977 § 1; Ord. No. 2015-1264 § 5]
B.
Accessory uses. Uses on the same site which are accessory to the laboratory, business and professional office, including garages for the storage of company motor vehicles; parking facilities; maintenance and utility shops for the upkeep and repair of buildings and structures on the site and equipment used on the site; central heating and power plants for furnishing heat and energy to structures on the site only, water drainage, sewage, fire protection, and other utility facilities; educational facilities for training and study connected with the operation and activities of the owner or tenant; buildings for the storage of documents, records, testing, research, and experimental equipment; communication facilities, including antenna masts; clinics, cafeterias, sundry shops for the retail sale of articles to trainees and employees limited to 1,500 square feet of gross floor area; recreation facilities; child care facilities.
§ LDO3-17.3 Area and Bulk Requirements.
A.
Minimum lot area: 10 acres.
B.
Minimum frontage: 500 feet of continuous frontage.
C.
Minimum setback: No part of any structure shall be closer than 100 feet to any lot line nor closer than 200 feet to any public road or street, nor closer than 250 feet to any residential zone boundary line. Parking areas as required by this Article may be permitted in any yard provided said parking area is at no point closer than 50 feet to a lot line nor 100 feet to any residential zone line.
D.
Maximum height: No structure shall have a height exceeding 50 feet or four stories, provided, the aggregate roof area covered by roof structures (above the principal roof) shall not exceed 10% of the total roof area.
E.
Maximum floor area ratio: 0.2.
F.
Maximum impervious coverage: 50%.
§ LDO3-18.1 Purpose.
[Ord. No. 2008-1114 § 2; amended 3-27-2023 by Ord. No. 2023-1445]
The purpose of the I-1 Industrial zone is to provide for a variety of industrial and manufacturing uses on three acre or larger lots and to protect the health, safety and welfare of the community by managing the location of extraordinarily hazardous substance facilities.
§ LDO3-18.2 Permitted Uses.
[Ord. No. 2008-1114 § 2; Ord. No. 2015-1264 § 6; amended 10-26-2020 by Ord. No. 2020-1392; 3-27-2023 by Ord. No. 2023-1445]
A.
Principal uses. The uses described in this paragraph are permitted principal uses, provided they are not extraordinarily hazardous substance facilities.
1.
Light Manufacturing.
2.
Business office buildings for executive, engineering and administrative purposes.
3.
Scientific and research laboratories devoted to the research, design, and experimentation and processing and fabricating incidental thereto, provided no materials or finished products shall be manufactured, processed, or fabricated for retail sales on said premises.
C.
Conditional uses. Uses that would be principal uses in the zone, except that they are extraordinarily hazardous substance facilities, as regulated in subsection 3-23.7.
§ LDO3-18.3 Area and Bulk Requirements.
[Ord. No. 2008-1114 § 2]
A.
Minimum lot area: three acres.
B.
Minimum lot width: 200 feet.
C.
Minimum side yard: 30 feet.
D.
Minimum front yard: 75 feet.
E.
Maximum impervious coverage: 60%.
F.
Minimum setback from a property line that abuts with or is located across from a right-of-way or access easement from a residential zone or use: 100 feet.
[Amended 7-27-2020 by Ord. No. 2020-1382]
G.
Maximum height: 3 1/2 stories or 45 feet.
H.
Rear yard: 75 feet.
§ LDO3-19.1 Purpose.
[Ord. No. 2008-1114 § 3]
The purpose of the I-2 Industrial zone is to provide for a variety of industrial uses on lots of five acres or more and to protect the health, safety and welfare of the community by managing the location of extraordinarily hazardous substance facilities. A range of industrial uses is permitted in the zone, with the exception of manufacturing uses.
§ LDO3-19.2 Permitted Uses.
§ LDO3-19.3 Area and Bulk Requirements.
[Ord. No. 2008-1114 § 3]
A.
Minimum lot area: five acres.
B.
Minimum lot width: 350 feet.
C.
Minimum side yard: 25 feet.
D.
Minimum front yard: 75 feet.
E.
Maximum building height: 3 1/2 stories or 50 feet.
F.
Maximum impervious coverage: 65%.
G.
Minimum setback from a property line that abuts with or is located across from a right-of-way or access easement from a residential zone or use:: 100 feet.
[Amended 7-27-2020 by Ord. No. 2020-1382]
H.
Minimum building area: 20,000 square feet.
I.
Minimum rear yard: 50 feet.
§ LDO3-20.1 Purpose.
[Ord. No. 2004-944 § 2]
The establishment of the LDRC zone is an outcome of a mediated agreement resulting from a lawsuit (Branchburg Builders, Inc. v. Township of Branchburg, et als., Docket No. SOM-L-1691-98) that was subsequently transferred to the New Jersey Council on Affordable Housing (COAH). The LDRC zone is intended to provide the opportunity for low density, clustered single-family residential development with an inclusionary component (in the form of a contribution to the Township's affordable housing trust fund in lieu of the construction of affordable housing on-site) on a portion of a larger tract (identified on the Branchburg Township Tax Map as Lot 1, Block 4 and Lot 8, Block 2). A dedication to agricultural and open space use is required because of the high proportion of highly productive farmland and environmentally sensitive land. Clustered development in the LDRC zone is to be served with public water and public sewage solely from the right-of-way of Burnt Mills Road.
§ LDO3-20.2 Permitted Uses.
[Ord. No. 2004-944 § 2]
B.
Accessory uses.
1.
Accessory uses customarily incidental and ancillary to a permitted use.
2.
Utility structures and facilities necessary for the provision of public sewer service, public water service and other essential services for clustered single-family lots developed in the LDRC zone.
3.
Stormwater management and detention facilities, as regulated by subsection 3-20.5.
4.
Home occupations as regulated in Section 3-24.
6.
The keeping of horses, provided that they are kept under sanitary conditions and provided that unattended horses are at all times kept within a fence not closer than five feet to any lot line or a structure which shall not be permitted closer than 35 feet to any lot line. No horse or pony may be kept on a lot less than five acres in area. Each additional horse or pony shall require an additional one acre of lot area.
§ LDO3-20.3 Individual Lot Area and Bulk Requirements.
[Ord. No. 2004-944 § 2; Ord. No. 2007-1057 § 2]
A.
Minimum lot area: 43,560 square feet with both public water and sewer; 20 acres without both public water and sewer.
B.
Minimum lot frontage: 150 feet.
C.
Minimum front yard: 50 feet.
D.
Minimum side yards: for one side - 25 feet; for both sides - 1/3 of the lot width.
E.
Minimum rear yard: 35 feet.
F.
Maximum height: 2-1/2 stories and 35 feet, whichever is less.
G.
In the case of nonrectangular lots or lots on cul-de-sacs, the minimum frontage requirements as specified shall be measured at the right-of-way line, but in no case shall the distance between side lot lines be reduced to less than 50% of the minimum frontage requirement.
H.
Lot suitability - No residential lot shall contain less than 10,000 square feet of contiguous unconstrained lot area within the building envelope.
I.
Lot circle - Each residential lot shall be arranged in such a manner that a circle with a diameter of at least 90 feet can be inscribed within the building envelope and tangent to the front yard setback line.
§ LDO3-20.4 Payment to Affordable Housing Trust Fund in Lieu of Construction of Low and Moderate Income Housing.
[Ord. No. 2004-944 § 2]
A.
In lieu of setting aside 15% of the clustered units actually constructed on the site for low and moderate income housing, the developer shall pay into the Township's housing trust fund $25,000 for every unit that would otherwise be required to be set aside. Thus, for example, if a developer were to construct 50 clustered market-priced houses, it would be required to pay into the Township's housing trust fund a total of $187,500.
B.
Payments shall be made to the Township's housing trust fund in lieu of construction of low and moderate income units as provided for in subsection 3-20.4A above on the following schedule: a total of $3,750 for each clustered housing unit for which a certificate of occupancy is received. Of the $3,750, $1,875 shall be paid at the time a building permit is issued and $1,875 shall be paid at the time a certificate of occupancy is issued.
§ LDO3-20.5 Stormwater Management and Drainage.
[Ord. No. 2004-944 § 2]
Detention basins or other facilities for stormwater management and drainage for clustered development in the LDRC zone shall be provided within the LDRC zone, shall be privately owned and shall be required by perpetual covenant that runs with the land, in a form acceptable to the Township Attorney, to be maintained by a homeowners' association or a designated lot owner.
§ LDO3-20.6 Other Standards.
[Ord. No. 2004-944 § 2; Ord. No. 2007-1057 § 3]
A.
On lots having frontage on secondary arterial or higher order streets, permitted accessory buildings and structures may be situated anywhere within the building envelope on a lot, regardless of the location of the principal structure, except not closer than 50 feet to any street sideline.
B.
Notwithstanding any other provision of the Township of Branchburg Land Development Ordinance, ordinance provisions regulating the removal of vegetative cover, the disturbance of soil, or the intensity of use in areas of excessive slopes, including but not limited to subsection 5-3.1, shall not apply to clustered development in the LDRC zone.
C.
Notwithstanding any other provisions of the Township of Branchburg Land Development Ordinance, cul-de-sacs in the LDRC zone may be up to 1,200 feet in length. The length of the cul-de-sac shall be measured from the center line of the intersecting through street along the center line to the radius point of the cul-de-sac turnaround. The number of houses to which access is provided through a cul-de-sac shall be determined in accordance with the New Jersey Residential Site Improvement Standards. Cul-de-sac turnarounds shall be provided with a minimum outside cartway radius of not less than 50 feet, tangent wherever possible to the right side of the street upon entering the turnaround.
D.
Where the New Jersey Residential Site Improvement Standards and the Township of Branchburg Land Development Ordinance prescribe different standards, the applicable standards shall be those prescribed by the New Jersey Residential Site Improvement Standards.
E.
Due to significant environmental constraints, including flood-prone areas, open waters, wetlands, slopes and treed areas, the gross density for the entire tract shall not exceed .25 units per acre.
F.
A minimum of 46% of the entire tract shall be restricted from development by perpetual covenant that runs with the land, in a form acceptable to the Township Attorney, and permits only agricultural, open space and recreational uses.
§ LDO3-21.1 Purpose.
[Ord. No. 2015-1264 § 7]
The purpose of the Office zone is to provide for moderate scale business office development in the Route 22 corridor. The purpose of this zone is to upgrade the appearance and the quality of uses in the Route 22 corridor and to better ensure compatibility with adjacent residential areas.
§ LDO3-21.2 Permitted Uses.
[Ord. No. 2015-1264 § 8; Ord. No. 2015-1283 § 29]
A.
Principal uses.
1.
Business offices for professional and business use, including executive, engineering, scientific, administrative and medical office development.
3.
Community residences for the developmentally disabled and community shelters for victims of domestic violence that contain less than six occupants.
4.
Child care centers as regulated in Section 4-7.
B.
Accessory uses. Accessory uses customarily incidental and ancillary to a permitted use.
C.
Conditional uses. Governmental uses and public utility facilities as regulated in subsection 3-23.1.
§ LDO3-21.3 Area and Bulk Requirements.
A.
Minimum lot area: five acres.
B.
Minimum lot width: 200 feet.
C.
Minimum side yard: 30 feet.
D.
Minimum rear yard: 75 feet.
E.
Minimum front yard: 75 feet.
F.
Maximum impervious coverage: 50%.
G.
Minimum setback of all development including parking from a residential zone boundary line: 50 feet.
H.
Maximum height: 3-1/2 stories/45 feet.
§ LDO3-22.1 Continuance of Nonconforming Uses or Structures.
Any nonconforming use or structure which lawfully existed at the time of the passage of this Chapter may be continued upon the lot or in the structure so occupied and any such building or structure may be restored or repaired provided it shall meet the requirements of this Article.
§ LDO3-22.2 Alteration, Extension or Enlargement of Nonconforming Uses or Structures.
Nonconforming uses or structures in all zone districts shall conform to the following requirements:
A.
Any structure or use of land which is nonconforming because of use shall not be enlarged or extended in any manner whatsoever except by action of the Board of Adjustment.
B.
Alterations may be made in a structure which is nonconforming because it fails to comply with height, area, yard, off-street parking or other requirements of this Article, so long as the structural alteration does not extend, enlarge or aggravate the nonconformance and the land area occupied by the structures is not increased.
C.
A nonconforming use changed or altered to a conforming use may not thereafter be changed back to a nonconforming use; however, nothing shall prevent the strengthening or restoring to a safe and lawful condition any part of any structure declared unsafe by the construction official, the Chief of the Township Fire Department, or the Township Engineer.
D.
In the event that there shall be a cessation of operation of any nonconforming use for a period of 12 consecutive calendar months, the same shall be presumed an abandonment of such nonconforming use. Any subsequent attempt to rely upon, exercise or reinstate such abandoned nonconforming use shall be presumptively deemed a violation of the terms of this Article.
E.
Nothing in this Chapter shall require any change in plans, construction or designated use of a structure or building for which an unexpired construction permit has been heretofore validly issued if construction has been started and diligently prosecuted at the time of the adoption of this ordinance or amendments hereto.
F.
Nothing in this Article shall be construed as authorization for an approval of the continuance of the use of a building, structure or premises in violation of any zoning ordinances, rules or regulations in effect at the time of the effective date of this ordinance.
§ LDO3-22.3 Determination of Partial Destruction.
Where any nonconforming building or structure has been destroyed or damaged by fire, explosion, act of God, or of any public enemy or the like, to the extent of 50% or more of the fair market value of the whole building or structure at the time of the destruction, it shall be presumed to be totally destroyed, and any building, structure or use thereon shall thereafter conform to all the requirements, terms and conditions of this Article.
Where more than 50% of the fair market value of the whole building or structure remains after such damage or destruction, such building or structure may be repaired and restored to the same nonconforming use and to the same extent as existed before such damage or destruction.
§ LDO3-23 CONDITIONAL USES.
The Planning Board shall approve a conditional use only if it finds that the use meets all the requirements of this Article.
§ LDO3-23.1 Governmental Uses and Public Utility Facilities.
A.
Any governmental or public utility facility use, as defined in this Article, may be permitted as a conditional use in any of the zone districts created by this Article, provided that the following requirements are met:
1.
Before any development approvals, construction permits, or certificates of occupancy are issued for any such use in any zone, a site plan shall be submitted to and approved by the Planning Board.
2.
Any use permitted under this section shall meet the minimum yard, height and area requirements for the zone in which it is located except that the Planning Board may require larger yards and more extreme shielding and screening in order to minimize the impact of the proposed use on adjacent uses.
3.
Off-street parking shall be provided as needed to accommodate expected parking demands.
4.
No service storage yards shall be permitted under this subsection in any residential zone.
5.
As part of site plan review, particular attention shall be given to the possible impact of the governmental use and public utility facility on surrounding properties. These impacts may be aesthetic, lighting, noise and traffic. Where appropriate, screening, buffering, berms and fences may be required and hours of operation imposed as well as other appropriate measures to mitigate impacts.
§ LDO3-23.2 Automobile Service Stations.
[Ord. No. 2006-1035 § 4; Ord. No. 2006-1048 § 4; Ord. No. 2006-1053 § 4]
A.
Required conditions.
1.
Distance from place of public assembly. Automobile service stations shall be at least 300 feet measured in a straight line from its lot line to the nearest lot line of any lot upon which is located as a theater, auditorium or other place of public assembly, capable of seating over 100 persons, or a church, hospital for humans, college, school, public library, or institution for dependents or children, or any public playground or athletic field.
2.
Mixed use. Automobile service station shall not include car washes, motor vehicle body repair or convenience stores.
3.
Minimum lot area and frontage. The minimum lot size for any lot upon which any automobile service station is located shall be 40,000 square feet and the minimum street frontage of said lot shall be 150 feet. If an automobile service station is located on a corner lot, the minimum street frontage on each street shall be 150 feet.
4.
Entrance and exit driveways. Entrance and exit driveways to and from any lot upon which is located an automobile service station shall have an unrestricted width of not less than 16 feet nor more than 30 feet, shall be located not nearer than 15 feet from any lot line nor 50 feet from any street intersection and shall be designed so that exiting vehicles do not have to back out across any public sidewalk, street, highway, or right-of-way.
5.
Paving requirements. All driveways and other areas over which motor vehicles are intended to be driven or parked shall be paved in accordance with the standards contained in Article IV.
6.
Outdoor repair prohibited. On any premises upon which an automobile service station is located, all services or repairs to or for motor vehicles, other than such minor items as the changing and filling of tires or the sale of gasoline or oil, shall be conducted within the confines of a building capable of being wholly enclosed.
7.
Setback restrictions. No part of any building used as an automobile service station and no filling pump or other service appliance, whether for gasoline, oil or any other combustible liquid or material, shall be erected within 20 feet of any lot line and the twenty-foot free area required hereunder shall at all times be kept free, open and unobstructed for the purposes of ready access by emergency fire and police vehicles.
8.
Storage of flammable materials. At any automobile station, storage facilities for gasoline, oil, or other flammable materials in bulk over 55 gallons shall not be located closer than 40 feet from any lot line other than any street sideline. No gasoline or oil pumps, oil or greasing mechanism or other service appliance installed for use at such premises shall be within 25 feet of any street sideline and no gasoline pump shall be located or permitted within any enclosed of semi-enclosed building or within 10 feet thereof.
9.
Outdoor displays. As regulated in Section 4-3D.
10.
Location of automobile service stations in relation to residential zones. No automobile service station shall be located adjacent to a residential zone.
B.
Outdoor storage.
1.
No automobile service station shall store outside in a side or front yard, wrecked, damaged or disassembled (either whole or in part) motor vehicles, boats or used automotive or marine parts or used supplies or materials thereof. Any such storage area located in a rear yard shall be screened with six-foot high dense evergreen plantings so that no stored vehicle or article shall be visible from the front of the premises, from any residential zone, from any adjacent premises or from any street. On corner lots in those cases where no rear yard exists, storage areas are restricted to side yards behind the line projected by the building face and subject further to all the regulations set forth above. In no event shall storage be closer than 10 feet to any lot line.
2.
Exception for temporary storage of accident-damaged vehicles and abandoned motor vehicles.
(a)
Nothing contained herein shall prohibit the storage at a public garage or gasoline service station, on a temporary basis, of a motor vehicle damaged in a traffic accident, while insurance claims are being processed or while junk title is being obtained from the Division of Motor Vehicles, the temporary storage of abandoned motor vehicles, pending disposition of court complaints or the processing of junk title being obtained from the Division of Motor Vehicles; providing, however, that such vehicles have been brought or stored there at the direction or request of local, County, State or Federal law enforcement agency.
(b)
These vehicles shall be stored in approved storage areas on site, as per paragraph B above.
(c)
In no event shall the temporary storage of more than 10 accident damaged vehicles be permitted simultaneously at any one public garage or gasoline service station. The area of such storage shall be maintained in a clean and safe manner, free from all debris, glass and loose parts.
§ LDO3-23.3 Houses of Worship.
Houses of worship permitted as conditional uses shall meet the following conditions:
A.
Minimum lot area: five acres.
B.
Maximum FAR for all uses: 25.
C.
Maximum impervious surfaces: 50%.
D.
Parking shall be set back a minimum of 25 feet from all perimeter boundaries and be shielded from adjacent residences by buffering and landscaping.
F.
Clergy residences shall be permitted as an accessory use on the same lot as the house of worship and shall meet the minimum setback requirements as required for single-family residences in the zone where located.
G.
All applications for houses of worship shall be subject to site plan review and approval.
§ LDO3-23.4 (Reserved) [1]
[1]
Editor's Note: Former subsection 3-23.4, Community Residences for the Developmentally Disabled and Community Shelters for Victims of Domestic Violence was deleted in its entirety by Ordinance No. 2014-1244.
§ LDO3-23.5 Golf Courses.
[Ord. No. 2002-873 § 1]
Golf courses shall be permitted as conditional uses in the LD zone under the following conditions:
A.
Golf courses shall be private or semi-private only.
B.
A golf course shall have a minimum of 18 complete holes and 90 acres, not all of which must be located within the Township.
C.
A golf course may have not more than two accessory buildings or structures with a total floor area of 12,000 square feet or less.
D.
A golf course may have a clubhouse with a restaurant and bar. The clubhouse may have a total floor area of not more than 23,000 square feet. The combined seating capacity of the restaurant and bar shall be not more than 225 persons.
E.
No building or structure accessory to a golf course shall exceed 35 feet or two stories in height nor extend closer than 100 feet to any lot line.
F.
Any restaurant or bar shall be operated only in a private or semi-private fashion and only as accessory to the golf course use.
G.
Each golf course shall have parking conforming with the requirements of Section 4-4 except that the number of parking spaces shall be four for every hole plus one for every three seats in any restaurant or bar in the clubhouse.
H.
For any golf course only part of which is located within the Township, parking facilities requirements shall apply to the entire golf course.
§ LDO3-23.6 Public Garages.
A.
Public garages shall meet the following requirements:
1.
They shall be subject to site plan review and approval by the approving board.
2.
Only the parking and storage of vehicles shall be permitted. Vehicle washing and repair shall not be permitted.
3.
Parking spaces shall be available to the general public.
4.
Entrance and exit driveways shall not be located closer than 15 feet to any lot line or 50 feet from any street intersection.
5.
The minimum lot size and bulk standards shall be as required in the zone where located.
§ LDO3-23.7 Extraordinarily Hazardous Substances Facilities in Industrial Zones. [1]
[Ord. No. 2008-1114 § 4; Ord. No. 2010-1146 § 1]
A.
Conditional uses in industrial zones that are extraordinarily hazardous substance facilities shall meet the following enhanced requirements:
1.
Minimum distance to any residential zoning district (measured from closest edge of structure in industrial zone to the zone boundary): 450 feet.
2.
Minimum distance to public facility or gathering place, including but not limited to school, day care center, community center or municipal building (measured from closest edge of structure in industrial zone to property line of public facility): 450 feet.
3.
Each extraordinarily hazardous substance facility must have its own freestanding building. Multiple tenant buildings are not permitted.
[1]
Editor's Note: Former subsection 3-23.7, Institutional Uses, previously codified herein, was repealed in its entirety by Ordinance No. 2005-977.
§ LDO3-23.8 (Reserved) [1]
[1]
Editor's Note: Former subsection 3-23.8, Residential Combination Clusters, previously codified herein, was repealed in its entirety by Ordinance No. 2005-975.
§ LDO3-24 HOME OCCUPATION.
[Ord. No. 2015-1264 § 10]
A.
Required standards for accessory home occupations.
1.
The home occupation must constitute the business office of a resident occupant and must be conducted solely within the dwelling or an accessory building. The home occupation must be accessory to the principal use of the premises for living purposes.
2.
The residential appearance of the dwelling shall be maintained.
3.
Signs shall be limited to one non-illuminated sign of not more than two square feet.
4.
No more than one-third of the floor area of the building may be used for a home occupation.
5.
Not more than one person who is not a member of the resident family shall be engaged in the home occupation.
6.
No material, equipment, or commercial vehicle related to the home occupation may be stored or parked except in a fully enclosed building.
7.
There shall be no greater external evidence of noise, odor, light, electronic interference, or activity, beyond that which will be incident to the use of the premises solely as a residence.
§ LDO3-25.1 Purpose.
[Ord. No. 2008-1093 § 5]
The R3 zone includes land areas predominantly in the southern part of the Township which were historically rural and agricultural but have since been developed as three-acre residential lots. In spite of the development, the area still retains some of its rural characteristics with an abundance of natural vegetation, small farms and open views of surrounding districts.
§ LDO3-25.2 Permitted Uses.
[Ord. No. 2008-1093 § 5; Ord. No. 2014-1244 § 7]
B.
Accessory uses.
1.
Accessory uses customarily incidental and ancillary to a permitted use.
2.
Home occupations as regulated in Section 3-24.
3.
The keeping of horses and ponies, provided that they are kept under sanitary conditions and provided that unattended horses are at all times kept within a fence not closer than five feet to any lot line. No horse or pony may be kept on a lot less than 45,000 square feet in area. Each additional horse or pony shall require an additional 15,000 square feet of lot area.
4.
A single seasonal farm stand accessory to a single-family residence. The farm stand shall not exceed 300 square feet in floor area; shall not exceed one story or 20 feet in height; and shall be set back a minimum of 20 feet from the public right-of-way. All other bulk standards in the zone shall apply. The farm stand shall not be open for more than 150 days in any year.
§ LDO3-25.3 Area and Bulk Requirements.
[Ord. No. 2008-1093 § 5]
A.
Minimum lot area: 130,000 square feet. Lot averaging subdivisions are no longer permitted in this zone. Lots in this zone previously approved as part of a lot averaging subdivision and having a minimum lot area of 75,000 square feet are deemed to be conforming lots.
B.
Minimum lot frontage: 250 feet.
C.
Minimum front yard: 75 feet.
D.
Minimum side yard: 50 feet for each side yard.
E.
Minimum rear yard: 50 feet.
F.
Maximum height: 2 1/2 stories or 35 feet, whichever is less.
G.
Lot suitability. No lot may be created that contains less than 10,000 square feet of contiguous unconstrained lot area within the building envelope.
H.
Lot circle. Every lot shall be arranged in such a manner that a circle with a diameter of at least 140 feet can be inscribed within the building envelope and tangent to the front yard setback line.
I.
Maximum impervious coverage: 15%.
J.
Maximum density: 1/3 unit per acre.
§ LDO3-26.1 Purpose.
[Ord. No. 2008-1093 § 6]
To encourage land use patterns and development practices that enhance Township, County and State efforts to protect dwindling wildlife habitat, retain farmland and protect and preserve opportunities for agricultural activity within the Township;
To protect the substantial public investments in farmland and open space preservation by limiting the extent of residential development in the Raritan River Corridor District;
To promote the continuation of farming in the Raritan River Corridor District as a valuable component of the local economy;
To protect prime soils, soils of State-wide importance and soils of local importance for their long-term value as an essential natural resource in any agricultural or horticultural pursuit;
To permit limited non-farm residential development in a manner and at locations that will be consistent with the continuation of farming;
To support the preservation of existing farm operations and limit conflicts between agricultural and nonagricultural uses by encouraging the separation of residential development from active farms;
To advance the goals of the Master Plan for the Raritan River Corridor District by protecting agricultural lands and promoting agriculture as a valuable component of the local economy;
To retain flood plains and other open lands to perform their natural functions and to advance the State's Wildlife Action Plan by retaining a diversity of wildlife habitat to the greatest extent practicable.
§ LDO3-26.2 Permitted Uses.
[Ord. No. 2008-1093 § 6; Ord. No. 2014-1244 § 8]
B.
Accessory uses.
1.
Accessory uses customarily incidental and ancillary to a permitted use.
2.
Garages, storage sheds, tennis courts and swimming pools for single family homes, and uses customarily associated with the above uses, provided that such accessory uses are subordinate to the principal use, do not change the character of the principal use and serve only the principal use.
3.
A single farm stand, conforming to either of the following:
(a)
A seasonal farm stand accessory to a single-family residence. The farm stand shall not exceed 300 square feet in floor area; shall not exceed one story or 20 feet; and shall be set back a minimum of 20 feet from the public right-of-way. All other bulk standards in the zone shall apply. The farm stand shall not be open for more than 150 days in any year. Hours of operation are limited to daylight hours.
(b)
On lots assessed in accordance with the "Farmland Assessment Act of 1964," N.J.S. 54:4- 23.1 et seq., a permanent farm stand. The farm stand shall not exceed 300 square feet without site plan approval or 1,000 square feet with site plan approval; shall not exceed one story or 20 feet; and shall be set back a minimum of 20 feet from the public right-of-way. Where site plan approval is required, the Board may require a buffer or screening between the farm stand and adjacent lots. All other bulk standards in the zone shall apply. Hours of operation are limited to daylight hours. Off-street parking shall be provided at a ratio of one space per 100 square feet of roofed area.
4.
On lots assessed in accordance with the "Farmland Assessment Act of 1964," N.J.S. 54:4- 23.1 et seq., accessory uses and structures customarily incidental to commercial agriculture, pursuant to Section 4-6.
5.
Horse boarding stables.
6.
Home occupations in accordance with Section 3-24.
7.
Off-street parking and loading accessory to a permitted use.
§ LDO3-26.3 Area and Bulk Requirements.
[Ord. No. 2008-1093 § 6]
A.
If the principal use is single family residence:
2.
Minimum lot frontage: 250 feet.
3.
Minimum front yard: 75 feet.
4.
Minimum side yard: 50 feet for each yard, except 100 feet for riding arenas and horse boarding stables.
5.
Minimum rear yard: 50 feet, except 100 feet for riding arenas and horse boarding stables.
6.
Maximum height: 2 1/2 stories or 35 feet, whichever is less.
7.
Lot suitability. No lot may be created that contains less than 10,000 square feet of contiguous unconstrained lot area within the building envelope.
8.
Lot circle. Every lot shall be arranged in such a manner that a circle with a diameter of at least 140 feet can be inscribed within the building envelope and tangent to the front yard setback line.
9.
Maximum impervious coverage: 15%.
B.
If the principal use is other than single family residence:
1.
Minimum lot area: two acres.
2.
Minimum lot width: 250 feet.
3.
Minimum lot depth: 250 feet.
4.
Minimum front yard: 75 feet.
5.
Minimum side yard: 50 feet for each yard, except 100 feet for riding arenas and horse boarding stables.
6.
Minimum rear yard: 50 feet, except 100 feet for riding arenas and horse boarding stables.
7.
Maximum height: 35 feet.
8.
Maximum impervious coverage: 12%.
§ LDO3-26.4 Subdivision Standards.
[Ord. No. 2008-1093 § 6]
A.
Lot-size averaging subdivision. To promote the retention of larger parcels for agricultural uses and/or conservation of woodlands or other environmentally sensitive lands, and to encourage and promote flexibility, economy and environmental soundness in subdivision layout and design, the following subdivision standards shall apply:
1.
Minimum tract size for subdivision shall be 12 acres. Minimum residential lot area shall be 1.5 acres.
2.
Maximum dwelling unit density shall be 1/6 per acre.
3.
For tracts greater than 24 acres, at least 80% of the lots created in a lot-size averaging subdivision shall be no larger than two acres in area. For tracts between 12 and 24 acres, at least 50% of the lots shall be no larger than two acres.
4.
All subdivided lots shall be deed-restricted against further subdivision in a manner approved by the Township Engineer and the Township Attorney.
5.
The overall site design shall foster the following objectives: retention of large contiguous farmland and woodland areas; stream corridor and wetlands preservation; steep slope protection; reduction of impervious coverage; efficient traffic circulation; and sensitivity to the site's natural features, topography and relationship to open lands on neighboring parcels.
§ LDO3-27.1 Purpose.
[Ord. No. 2015-1261]
The purpose of the Assisted Living Overlay Zone is to provide for residential developments that meet the growing needs of older persons, including the need for quality housing, fellowship, oversight, open space and recreation facilities as an overlay upon the otherwise applicable zones as delineated on the Township Zoning Map.
§ LDO3-27.2 Function of ALO Overlay Zone.
[Ord. No. 2015-1261]
The ALO zone contains zoning provisions to allow limited additional residential development options as an alternative to that which is permitted in the underlying zones. An applicant can choose to develop pursuant to either the underlying zones or ALO regulations.
§ LDO3-27.3 Permitted Uses.
[Ord. No. 2015-1261]
B.
Accessory uses.
1.
Medical offices integrated into a residential building such that the combination of medical office and clinical laboratory space does not exceed 30% of the gross floor area.
2.
Clinical laboratories, provided that they have no presence or use of biological select agents, integrated into a residential building such that the combination of medical office and clinical laboratory space does not exceed 30% of the gross floor area.
3.
Community rooms integrated into residential buildings or stand alone.
4.
Swimming pools for the common use of residents.
5.
Outdoor recreational facilities, including tennis or other court sports, for the common use of residents.
6.
Off-street parking.
7.
Fences.
8.
Walls.
9.
Gazebos.
10.
Gardens.
11.
Signs.
12.
Maintenance facilities.
13.
Facility management offices.
14.
Social service facilities for residents.
15.
Congregate dining facility.
16.
Personal services integrated into a residential building occupying no more than 30% of the gross floor area.
§ LDO3-27.4 Area and Bulk Requirements.
[Ord. No. 2015-1261 § 1]
A.
Minimum lot area: five acres.
B.
Maximum floor area ratio: 0.35.
C.
Maximum impervious coverage: 0.65.
D.
Minimum lot width: 500 feet.
E.
Minimum front yard setback: 75 feet.
F.
Minimum side yard setback: 40 feet.
G.
Minimum rear yard setback: 50 feet.
H.
Maximum number of dwelling units in one building: 60.
I.
Maximum number of beds in one building: 120.
K.
Principal building setback from internal common driveway: 25 feet.
L.
Minimum distance between buildings: 25 feet.
M.
Maximum principal building height: 2 1/2 stories or 35 feet, whichever is less.
N.
Maximum accessory building height: 15 feet.
O.
Minimum open space area: 0.20, of which 75% shall be contiguous to the residential buildings and usable area for passive and active recreation.
§ LDO3-28.1 Purpose.
[Ord. No. 2015-1262; amended 3-27-2023 by Ord. No. 2023-1445]
The purpose of the 1-3 Industrial zone is to provide for a variety of business office, research and industrial uses on lots with a minimum required lot size of two acres in order to foster more options for commercial and industrial development, including startup businesses, by providing a wider range of permitted uses and specifically permitting shared or common commercial support facilities.
§ LDO3-28.2 Permitted Uses.
§ LDO3-28.3 Area and Bulk Requirements.
[Ord. No. 2015-1262]
A.
Minimum lot area: two acres.
B.
Minimum lot width: 175 feet.
C.
Minimum side yard: 25 feet.
D.
Minimum front yard: 50 feet.
E.
Maximum impervious coverage: 60%.
F.
Maximum height: 3 1/2 stories or 50 feet, whichever is less.
G.
Minimum rear yard: 35 feet.
H.
Minimum setback from a property line that abuts with or is located across from a right-of-way or access easement from a residential zone or use: 100 feet.
[Added 7-27-2020 by Ord. No. 2020-1382]
§ LDO3-28.4 Multiple Uses.
[Ord. No. 2015-1262]
The simultaneous use of any conforming building for more than one permitted principal use or accessory use is permitted.
§ LDO3-28.5 Work Within Fully Enclosed Building.
[Ord. No. 2015-1262]
All work shall be performed inside a fully enclosed building, with the exception of vehicle loading and deliveries.
§ LDO3-28.6 Common Facilities.
[Ord. No. 2015-1262]
Common facilities, such as conference, dining, administration, reception and reproduction, shared by more than one principal use or tenant, are permitted.
§ LDO3-29.1 Purpose.
[Ord. No. 2015-1263]
The purpose of the Planned Overlay Zone is to provide for limited retail, service, office and restaurant uses in a planned commercial development to realize additional business opportunities within the I-1 zone and located on the South side of US Highway Route 22 bounded by County Line Road, Meister Avenue and the Easton Turnpike, County Route 614, as delineated on the Township Zoning Map.
§ LDO3-29.2 Permitted Uses.
[Ord. No. 2015-1263]
B.
Accessory uses.
1.
Off-street parking and loading.
2.
Exterior open spaces, such as courtyards, plazas, play areas and greens.
3.
Exterior refuse and recycling within an enclosure.
4.
Live music performance within an indoor restaurant.
5.
Outdoor dining as part of a restaurant such that the adjacent walkway maintains a clear width of no less than five feet for pedestrian movement.
6.
Assembly/conference rooms; restaurant; dining; food preparation/kitchens within a hotel.
C.
Conditional uses.
1.
Houses of Worship as regulated by subsection 3-23.3.
2.
Government uses and public utility facilities as regulated by subsection 3-23.1.
3.
Restaurants (not including fast food or take out), provided the combination of restaurant and retail and personal service uses do not exceed 50% of the total combined building floor area of all the uses. Restaurants that are accessory to a hotel shall count towards this threshold.
[Amended 8-26-2019 by Ord. No. 2019-1359]
4.
Retail Sales, provided the combination of restaurant and retail and personal service uses do not exceed 50% of the total combined building floor area of all the uses.
5.
Pharmacies, provided that no more than one drive-through service lane is included.
6.
Banks, provided that no more than two drive-through service lanes are included.
7.
Commercial recreation, provided that it is completely within a building.
§ LDO3-29.3 Area and Bulk Requirements.
[Ord. No. 2015-1263]
A.
Minimum lot area: 20 acres.
B.
Maximum floor area ratio: 0.20.
C.
Maximum impervious coverage: 50%.
D.
Minimum tract frontage: 500 feet.
E.
Minimum front yard setback: 75 feet.
F.
Minimum side yard setback: 40 feet.
G.
Minimum rear yard setback: 40 feet.
H.
Principal building wall setback from internal driveway or off-street parking area: 15 feet.
I.
Setback to an internal driveway or off-street parking area from a roof, canopy, awning, arcade, or an architectural element supporting such a structure, that is located at the first floor level of a principal building: three feet.
J.
Minimum distance between buildings: 25 feet.
K.
Maximum principal building height: 45 feet or 2 1/2 stories, whichever is less; except 50 feet or 3 1/2 stories for a hotel use only, provided that a front building setback of at least 100 feet is maintained.
L.
Floor area of any single building shall not exceed 25,000 square feet.
§ LDO3-30.1 Purpose.
[Ord. No. 2015-1271]
The purpose of the LD/C2 zone is to provide for compatible low density clustered development in an area where the established pattern of residential development exhibits smaller lots in compact arrangements. Furthermore, clustered development should avoid lands deemed to have critical environmental features. It is the intent of this zone to provide for residential development at densities not to exceed those permissible in the conventional LD zone while providing new open space that can serve as a connection to the existing open space network along the North Branch of the Raritan River.
§ LDO3-30.2 Permitted Uses.
§ LDO3-30.3 Area and Bulk Requirements.
[Ord. No. 2015-1271]
A.
Standards for non-cluster development. For conventional, non-clustered development the area and bulk standards shall be those of the LD zone.
B.
Standards for cluster development.
1.
Lot yield: Lot yield for cluster development shall be based upon the submission of a conforming conceptual subdivision plan demonstrating full compliance with the requirements of the LD zone. All lots shall be buildable from both a regulatory and technical perspective.
2.
Minimum tract size: 10 acres.
3.
Minimum lot area: 15,000 square feet.
4.
Minimum lot frontage: 100 feet.
5.
Minimum front yard: 50 feet; 75 feet on existing streets.
6.
Minimum side yard: 20 feet.
7.
Minimum rear yard: 25 feet.
8.
Maximum building height: 35 feet.
9.
Minimum open space: 40% of gross tract area.
10.
Lot suitability. No lot shall contain less than 4,000 square feet of contiguous unconstrained lot area within the building envelope.
11.
Lot circle. Each lot shall be arranged in such a manner that a circle with a diameter of at least 60 feet can be inscribed within the building setback lines, tangent to the front setback line.
12.
Open space regulations.
(a)
The applicant for subdivision shall specify whether the open space proposed shall be owned and maintained by a property owners' association or be offered for acceptance by the Township or other governmental agency. If the open space is not to be dedicated to the Township or other governmental agency, then the applicant shall provide for a property owners' association to own and maintain the open space for the benefit of residents of the development. Documents establishing and governing the property owners' association shall be in a form that is consistent with this chapter and N.J.S.A. 40:55D-43.
(b)
Open space shall be configured and located in such a manner as to serve as a connecting space between newly-created lots and the North Branch Raritan River corridor.
(c)
Lots developed as part of a cluster that are adjacent to open space shall be configured to face the open space and an improved public street shall be created between the lots and the open space. Side yards may also face open space. In no case shall a new lot be configured in such a manner as to create a rear yard that faces open space.
(d)
Where a side yard of a lot is adjacent to open space, the side yard shall be considered a front yard for bulk zoning purposes.
(e)
Where lots developed as part of a cluster face open space, and an improved public street is located between the lots and the open space, the area within a street right-of-way that is located between residential lots and open space (those having homes on only one side, with open space on the opposite side) may be counted towards the minimum open space requirement.
(f)
Regardless of the nature of the ownership of the open space, an Open Space Management Plan shall be submitted for approval to address long-term ownership and maintenance of the open space.
§ LDO3-31.1 Purpose.
[Ord. No. 2017-1308 § 4]
The AH-2 zone is established to provide for non-age-restricted, multi-family, 100% affordable, rental apartments.
§ LDO3-31.2 Permitted Uses.
[Ord. No. 2017-1308 § 4]
A.
Principal use. An integrated development of non-age-restricted, 100% affordable, one-, two- and three-bedroom rental apartments pursuant to this section.
B.
Accessory uses.
1.
Accessory uses customarily incidental and ancillary to the permitted use.
2.
Clubhouses and community buildings ancillary to the permitted use.
3.
A management office ancillary to the permitted use.
4.
Recreational facilities, including but not limited to tot lots, playgrounds and jogging trails, ancillary to the permitted use.
5.
Fully or partially below-grade parking below apartments.
§ LDO3-31.3 Area and Bulk Requirements.
[Ord. No. 2017-1308 § 4]
An AH-2 development shall conform with the following yard, area, height and other restrictions:
A.
Minimum area: nine acres.
B.
Maximum gross density: 12 dwelling units per acre.
C.
Minimum common open space (excluding wetlands): 20%.
D.
Minimum setback from any municipal or County street right-of-way: 40 feet.
E.
Minimum setback from any State or Federal highway right-of-way: 30 feet.
F.
Minimum setback from any lot line that is not a street or highway right-of-way: 25 feet.
G.
Maximum height: 4 1/2 stories or 55 feet, whichever is less. Any structure exceeding 35 feet shall be set back a minimum of 100 feet from any municipal or County street right-of-way.
H.
The site plan shall provide for a clubhouse or community building containing at least 2,400 square feet of usable space and shall designate one or more areas for recreational facilities, which may include but are not limited to tot lots, playgrounds and jogging trails, for use by the residents of the development.
§ LDO3-31.4 Buffering and Landscaping Requirements.
[Ord. No. 2017-1308 § 4]
A.
A minimum thirty-five-foot buffer shall be provided along every municipal or County street right-of-way. A minimum of 20 feet of the buffer shall be landscaped and bermed, except that areas containing permitted signs need not be landscaped. The landscaping shall consist of a combination of shade trees, evergreen trees and evergreen shrubs to screen building and parking views. The berm height shall be a minimum of two feet and a maximum of five feet. Openings to accommodate entrance and exit drives and a walking path are permitted. No utility vault or ground-mounted utility facilities shall be permitted in the landscaped area.
B.
A ten-foot non-bermed buffer area shall be provided wherever an AH-2 development borders property not zoned AH-2. The buffer shall consist of deciduous and coniferous trees. Evergreen shrubs shall be planted along with the trees to create a varied visual view,
C.
A minimum thirty-foot buffer shall be provided along every State or Federal highway right-of-way. A minimum of 25 feet of the buffer shall be landscaped, except that areas within wetlands and wetland transition areas and access areas need not be landscaped. The landscaping shall consist of a combination of shade trees, evergreen trees and evergreen shrubs to screen building and parking views. No utility vault or ground-mounted utility facilities shall be permitted in the landscaped area.
D.
Buffer sizes shall be measured horizontally and at right angles to any straight lot or street line or to the tangent line of any curved lot or street line. No above-surface structure or activity and no storage of materials or parking of vehicles shall be permitted in any buffer. Buffers shall be planted and maintained with grass or ground cover, together with a landscaping of trees, shrubs, or other plantings meeting the requirements.
E.
Any part of the AH-2 development not used for structures, roadways, loading, accessways, parking, or pedestrian walks shall be landscaped with grass, trees, and shrubs as designed by a certified landscape architect.
§ LDO3-31.5 Parking Requirements.
[Ord. No. 2017-1308 § 4]
Parking shall be provided as follows:
§ LDO3-31.6 Design Regulations.
[Ord. No. 2017-1308 § 4]
A.
The maximum number of apartments per building shall be 26.
B.
Building units attached on a single linear plane shall not exceed a length of 200 feet.
C.
Except in a building served by an elevator, every two-bedroom apartment and every three-bedroom apartment shall have a patio or balcony of at least 45 square feet.
D.
Every building shall have a gable or hip roof with a minimum slope of 5 over 12. The plane of the eave or the plane of the roof slope shall include either dormers or gables perpendicular to the main roof to provide visual interest and avoid large uninterrupted areas of roofing material.
§ LDO3-31.7 Affordable Housing Requirements.
[Ord. No. 2017-1308 § 4]
An AH-2 development shall comply in every respect with the affordable housing requirements of the New Jersey Council on Affordable Housing, or any successor or replacement agency; the New Jersey Housing Mortgage and Finance Agency, or any replacement or successor entity; and the New Jersey courts, as such requirements exist at the time of final development approval.
§ LDO3-32.1 Purpose.
[Ord. No. 2018-1334 § 4]
The AH-3 zone is intended to provide for the development of multifamily housing of which 25% is restricted to occupancy by households of very low, low and moderate income. Affordable dwellings shall be integrated with and indistinguishable in outward appearance from the market-rate housing. There shall be a minimum of 91 affordable dwelling units in the AH-3 Zone District.
§ LDO3-32.2 Applicability of Standards.
[Ord. No. 2018-1334 § 4]
The use, bulk, design and performance standards of the AH-3 Zone District shall supersede all other provisions of the Branchburg Township Land Use Development Ordinance. However, where the regulations and standards of the AH-3 are silent, the standards of Land Development Ordinance shall apply.
§ LDO3-32.3 Permitted Uses.
[Ord. No. 2018-1334 § 4]
B.
Accessory uses.
1.
Private garages and off-street parking;
2.
Patios;
3.
Fences and walls;
4.
Conservation areas, recreation, open space and public purpose uses;
5.
Stormwater Management and other utilities;
6.
Business office;
7.
Buildings for tenant storage, maintenance and storage of maintenance equipment, or any combination thereof;
8.
Transit structure or building;
9.
Clubhouse; pool; community building, which may include a mock-up of dwelling unit interior and rental office;
10.
Accessory uses on the same lot and customarily incidental to the principal use.
§ LDO3-32.4 Area and Bulk Requirements.
[Ord. No. 2018-1334 § 4]
A.
Tract Requirements.
1.
The maximum number of dwelling units shall be 365;
2.
The minimum setback from a public street right-of-way to any building shall be 40 feet;
3.
The minimum setback from any property line (not including streets) to building front facade shall be 25 feet;
4.
The minimum setback from a public street to off-street parking area shall be 25 feet;
5.
The minimum planted frontage buffer to Route 22 shall be 40 feet and provided in accordance with Section 4-5.2A. Walls not exceeding 10 feet in height may be included in the frontage buffer;
6.
The minimum planted transition buffer shall be 40 feet and conform to the requirements in Section 4-5.3A and B1 through 6;
7.
The minimum setback from a public street or property line to maintenance and storage buildings shall be 50 feet;
8.
Impervious coverage shall not exceed 50% of gross tract area;
9.
Building coverage shall not exceed 20% of gross tract area;
10.
Private streets, off-street parking areas and driveways shall be located a minimum of 25 feet from any adjacent lot line, excluding street rights-of-way, except where connectivity to adjacent properties or streets is necessary.
B.
Townhouses:
1.
Maximum Height: 45 feet/3 stories.
2.
Rear-Loaded Townhouses:
Minimum distances from front facade to private streets: | |
Building to sidewalk | 14 feet |
Building to curb | 21 feet |
Minimum distance from garage facade to curb, edge of alley pavement or edge of sidewalk | 20 feet |
Minimum distances for side façade(s): | |
Building to building | 28 feet |
Building to private street | 15 feet |
3.
Front-Loaded Townhouses:
Minimum distance from front facade to private streets: | |
Building to sidewalk: | 20 feet |
Building to curb: | 26 feet |
Minimum distance from garage facade to sidewalk | 20 feet |
Minimum distance for side facade(s): | |
Building to building: | 25 feet |
Building to private streetline: | 18 feet |
C.
Apartments.
1.
Maximum Height: 48 feet/3 1/2 stories.
2.
Minimum Building setbacks.
Building to building: 30 feet
Building to private street: 25 feet
Building to parking area or driveway: 15 feet
3.
For each affordable apartment, in addition to any storage areas contained within the apartment, there shall be provided 300 cubic feet of storage in a conveniently accessible area either within the apartment building or in a separate building where storage will not constitute a fire hazard and where belongings can be kept locked and separated from the belongings of other occupants.
§ LDO3-32.5 Development Requirements.
[Ord. No. 2018-1334 § 4; Ord. No. 2006-1053; Ord. No. 2008-1093]
A.
Community design.
1.
Development in the AH-3 Zone District shall be generally in accordance with the exhibit entitled "Concept Plan, North Branch Walk", dated July 27, 2018, prepared by The Reynolds Group, Inc. with input from the Township (the "Concept Plan").
2.
However, it is not intended that the Concept Plan be definitive regarding any particular aspect of the community design, it being intended that Board review of a site plan will result in reasonable refinements, while still being substantially consistent with the Concept Plan.
3.
The "Proposed Road Extension", required by the 2011 Land Use Plan Element of the Master Plan, consistent with the alignment and connection to Meister Avenue shown on the Concept Plan, and dedicated to the Township, shall be provided and shall be built in accordance with the following conditions:
(b)
No parking shall be permitted on the road extension.
(c)
The road extension shall be screened from any alley in the development by a solid fence not exceeding six feet in height, a minimum of five feet from the alley, with a planted buffer on the road extension side of the fence.
(d)
The intersection of Route 22 and the road extension shall be constructed and shall be signalized as depicted on the Concept Plan unless NJDOT rejects signalization. The Board may approve the construction of site improvements, at the developer's risk, prior to NJDOT approval.
4.
Streets that are not through streets through the development, and all infrastructure within those streets, shall be privately owned and maintained.
5.
All public and private streets, alleys, and driveways shall demonstrate adequate access and circulation of the most restrictive Branchburg fire apparatus, taking in consideration parking spaces.
6.
No refuse container or trash or recycling collection area shall be located closer than 20 feet from any residential unit.
7.
Street trees shall be planted an average of 45 feet on center along the entirety of the public and private frontages, except for frontages on lanes or alleys and except in front of front-loaded townhouses.
8.
All private streets shall be subject to Title 39 jurisdiction.
B.
Open Space Standards.
1.
The minimum open space area shall be 30% of the gross tract area and consistent with the Concept Plan.
2.
Open spaces shall be planted with double rows of street trees along thoroughfare frontages. Open spaces abutting alleys or lanes shall be planted with a single row of street trees.
3.
A detailed site plan for open spaces shall be submitted for review and approval by the Board.
4.
Common open space that is substantially consistent in size with the Concept Plan shall be provided, and shall include at a minimum:
5.
Stormwater facilities shall not impede function of open space.
6.
Conservation easements shall be clearly and permanently marked as such in a manner approved by the Board.
D.
Stream Corridors and Steep Slopes.
1.
The Board shall grant waivers from stream corridor buffer width requirements where reasonably necessary, consistent with the Concept Plan, and in accordance with NJDEP regulations.
2.
The Board shall grant waivers from steep slope grading and development requirements where reasonably necessary and consistent with the Concept Plan.
E.
Design Standards. Deviations from these standards shall be considered exceptions pursuant to N.J.S.A. 40:55D-51.
1.
Building Design. The purpose of these building design standards is to ensure that the design of townhouse and apartment buildings promotes a desirable visual and spatial environment.
(a)
Townhouses.
(1)
Townhouses shall be designed substantially in accordance with the Concept Plan and in accordance with the exhibit entitled "Alley-Loaded Townhouses, Typical Front Elevation, North Branch Walk, Branchburg, NJ".
(2)
Each building shall contain, at a minimum, one end unit model and one interior model. Each base model type home in any block shall have at least two alternative front elevations containing different design features, including, but not limited to, the following:
Porches;
Porticos;
Columns;
Dormers;
Accent windows;
Door color.
(3)
Materials shall be unified among all townhouses.
(4)
For alley-loaded townhouses, the finished first floor shall be a minimum of 18 inches above the front sidewalk elevation. The difference in elevation between the front sidewalk and the bottom of the front steps leading to the first floor shall not exceed 16 inches. The difference in elevation between the bottom of the front steps and the finished first floor shall not exceed 60 inches.
(5)
End units may have four bedrooms. Interior units are not permitted to have more than three bedrooms.
(6)
A fence, wall, plantings or some other element shall be provided to delineate the sidewalk from the front yard.
(b)
Apartments.
(1)
Apartments shall be designed substantially in accordance with the Concept Plan and in accordance with the exhibit entitled "Typical Three Story Building, 24 Units, North Branch Walk, Branchburg, NJ".
(c)
Pedestrian Connectivity. Pedestrian walkways connecting streets and the dwellings shall be provided. Sidewalks shall be provided substantially in accordance with the Concept Plan.
2.
Signs.
(a)
Community Building: The community building may have one identification sign which may include the street address. The identification sign shall not exceed 10 square feet in sign area.
(b)
Route 22 frontage: One V-shaped monument sign with a maximum area of 60 square feet on each face and located a minimum of 15 feet from the highway right-of-way may be provided at the Route 22 frontage.
(c)
Interior monument signs: one single-sided interior monument sign with a maximum area of 30 square feet may be provided at each road entrance from a public road.
(d)
Directional Signs: Up to two directional signs shall be allowed on each street or driveway frontage from which vehicular access is derived. A directional sign shall not exceed six square feet in sign area and shall not exceed six feet in height. A directional sign shall be set back from any lot line by at least three feet.
(e)
Residential Building Identification: Each residential building may have up to two attached identification signs. The maximum sign area of each shall not exceed six square feet. Such signs shall be appropriately integrated within the architecture of the buildings.
(f)
The types, designs, lighting and locations of all signs shall be approved by the Board as a part of a development.
3.
Lighting.
(a)
No building-mounted lighting shall be more than 12 feet above the closest first floor finished grade. Building-mounted lighting shall not be directed to parking areas and shall be of full cut-off design.
(b)
The types, designs and locations of all lighting shall be approved by the Board as a part of its approval.
F.
Affordable Housing.
1.
At least 25% of the dwelling units shall be affordable to very low, low and moderate income households in accordance with the affordable housing requirements of the New Jersey Council on Affordable Housing, or any successor or replacement agency ("COAH"); the New Jersey Housing Mortgage and Finance Agency, or any successor or replacement entity ("HMFA"); and the New Jersey courts, as such requirements exist at the time of final development approval.
2.
A minimum of 91 affordable family apartments shall be provided.
3.
Affordable units shall be dispersed throughout a minimum of 70% of the apartment buildings in the development.
4.
An AH-3 development shall comply in every respect with the applicable requirements of COAH, HMFA and the New Jersey courts, as such requirements exist at the time of final development approval.
5.
Affordable housing units shall not be age restricted.
§ LDO3-33 AH-4 - ROUTE 22 PLANNED RESIDENTIAL/AFFORDABLE HOUSING 4 ZONE.
[Added 8-26-2019 by Ord. No. 2019-1358]
§ LDO3-33.1 Purpose.
The AH-4 Zone is intended to provide for development of multifamily residential uses with a portion of such housing restricted to occupancy by households of very low, low and moderate income. Affordable dwellings shall be integrated with and indistinguishable in outward appearance from the market-rate housing. The AH-4 Zone shall provide 131 affordable housing credits, consisting of 92 affordable apartments and 13 apartments for special needs residents containing 39 special needs bedrooms.
§ LDO3-33.2 Applicability of Standards.
The use, bulk, design and performance standards of the AH-4 Zone shall supersede other zoning provisions of the Branchburg Township Land Development Ordinance, except that where the regulations and standards of the AH-4 Zone are silent, the other standards of the Land Development Ordinance shall apply.
§ LDO3-33.3 Permitted Uses.
B.
Accessory uses.
1.
Private garages and off-street parking;
2.
Patios and decks;
3.
Fences and walls;
4.
Conservation areas, recreation, open space and public purpose uses;
5.
Stormwater Management and other utilities, including stormwater management for development permitted in the adjacent R/S-3 Zone;
6.
Business office for on-site management;
7.
Tenant storage, maintenance and storage of maintenance equipment, superintendent office or any combination thereof;
8.
Clubhouse, pool, community building, rental office, and model units;
9.
Accessory uses on the same lot and customarily incidental to a principal use.
C.
Common Elements:
This ordinance recognizes that driveways, roadways, plantings and utilities serving development within this zone will also serve development permitted in the adjacent RS-3 Zone. Common use of such elements is permitted and shall not constitute a nonconforming use.
§ LDO3-33.4 Area and Bulk Requirements.
A.
All area and bulk requirements in the AH-4 Zone shall be applicable to the overall zone and not to individual lots within the zone.
B.
The minimum tract area shall be the entirety of the zone. Subdivisions for the purposes of phasing or financing is permitted as long as the area and bulk requirements for the zone are met.
C.
The minimum setback to a building from a public street right-of-way to any building shall be 30 feet, of which 20 feet shall consist of a frontage buffer in accordance with paragraph 4-5.2 A; except that stormwater management facilities, sidewalks, and open space shall not require frontage buffering.
D.
The minimum setback to a building from any zone boundary shall be 40 feet for apartments and townhomes and 10 feet for accessory, maintenance and storage buildings.
E.
Public Road Setback:
1.
The minimum setback to an alley from a public street right-of-way shall be 30 feet, of which 20 feet shall consist of a frontage buffer in accordance with paragraph 4-5.2 A;
2.
The minimum setback to a private street from a public street right-of-way shall be 50 feet, of which 30 feet shall consist of a frontage buffer in accordance with paragraph 4-5.2 A.
F.
Additional Bulk Requirements:
1.
The minimum setback from a public street to off-street parking area shall be 30 feet;
2.
The minimum setback from public street to a maintenance or storage building shall be 30 feet;
3.
Impervious coverage shall not exceed 50% of gross tract area;
4.
Building coverage shall not exceed 20% of gross non-mixed-use area;
5.
Private streets, off-street parking areas and driveways shall be located a minimum of 10 feet from any zone boundary, except where connectivity to adjacent properties or streets is necessary.
G.
Townhouses.
1.
Maximum Height: 45 feet or 3 stories.
2.
Maximum dwelling units in one building: 8.
3.
4.
Front-Loaded Townhouses:
5.
Front steps, decks in the rear up to 6 feet in depth, covered entries and/or porches up to 6 feet in depth and box bays up to 2 feet in depth are permitted in any setback.
6.
Minimum Townhouse setbacks shall be as shown on the exhibit entitled "Townhouse Minimum Setback Exhibit", dated 05-23-19, prepared by The Reynolds Group, Inc.
H.
Apartments.
1.
Maximum Height: 50 feet or 4 1/2 stories where parking occurs in the first story. Otherwise the maximum height shall not exceed 3 1/2 stories or 45 feet.
2.
Maximum dwelling units in one building: 42.
4.
For each affordable apartment, in addition to any storage areas contained within the apartment, there shall be provided 300 cubic feet of storage in a conveniently accessible area either within the apartment building or in a separate building where storage will not constitute a fire hazard and where belongings can be kept locked and separated from the belongings of other occupants.
5.
Box bays up to 2 feet in depth and entrance porticos up to 6 feet in depth are permitted in any setback.
§ LDO3-33.5 Development Requirements.
A.
Circulation and Streets:
1.
Major circulation in the AH-4 Zone shall be generally in accordance with the exhibit entitled "Conceptual Vehicular Circulation Plan for Block 9", dated 5-24-19, revised 8-6-19, prepared by Douglas A. Ball, P.E., Township Engineer (the "Circulation Plan").
2.
A road extension connecting Meister Avenue and Route 22, shown on the exhibit entitled "Concept Plan", dated July 3, 2019, prepared by The Reynolds Group, Inc. (the "AH-4 Plan") as "Prop. Road Extension" and on the Circulation Plan as "Proposed 60' Municipal Right-of-Way" (the "Road Extension"), shall be built in accordance with the Master Plan Land Use Element and the following conditions:
(b)
No parking shall be permitted on the Road Extension.
(c)
Circulation within residential areas of the AH-4 Zone shall be generally in accordance with the AH-4 Plan.
(d)
Except for public streets and private alleys, streets and roads shall accommodate on-street parking which shall be in accordance with the exhibit entitled "On-Street Parking Plan", prepared by The Reynolds Group, Inc., dated 05/07/19.
(e)
Streets other than the Road Extension, and all infrastructure within those streets, shall be privately owned and maintained.
(f)
All public and private streets, alleys, and driveways shall demonstrate adequate access and circulation of the most restrictive Branchburg fire apparatus, taking in consideration parking spaces.
(g)
Alleys that connect to private streets shall include a depressed curb with concrete apron and the sidewalk shall traverse the width of the alley.
(h)
All private streets shall be subject to Title 39 jurisdiction.
B.
Community design.
1.
Development in the AH-4 Zone shall be generally in accordance with the AH-4 Plan.
2.
However, it is not intended that the AH-4 Plan and the Circulation Plan be definitive regarding any particular aspect of the community design, it being intended that Board review of a site plan will result in reasonable refinements, while still being substantially consistent with the AH-4 Plan and the Circulation Plan.
3.
Pedestrian Connectivity. Pedestrian walkways connecting streets and the dwellings shall be provided. Sidewalks and trails shall be provided substantially in accordance with the exhibit entitled "Pedestrian Connectivity Exhibit", prepared by The Reynolds Group, Inc., dated 05/07/19.
4.
Street trees shall be planted an average of 40 feet on center along the entirety of the public and private frontages, except for frontages on lanes or alleys and except in front of front-loaded townhouses.
5.
There shall be provided, for the perpetual use of all residents of the zone, substantially in accordance with the AH-4 Plan:
6.
No refuse container or trash or recycling collection area shall be located closer than 20 feet from any residential unit.
C.
Open Space Standards.
1.
The minimum open space area shall be 20% of the zone area and consistent with the AH-4 Plan.
2.
Open spaces shall be planted with double rows of street trees along thoroughfare frontages, with the exception of undisturbed or farmed areas abutting thoroughfare frontages, which shall not require the planting of street trees. Open spaces abutting alleys or lanes shall be planted with a single row of street trees.
3.
A detailed site plan for open spaces shall be submitted for review and approval by the Board as part of preliminary site plan approval.
4.
Stormwater facilities shall not impede function of open space.
5.
Conservation easements shall be clearly and permanently marked as such in a manner approved by the Board.
D.
Townhouse Parking Requirements.
1.
Townhouses shall be provided with parking spaces pursuant to R.S.I.S. standards.
2.
Every Townhouse shall have at least one enclosed garage measuring a minimum of 12 feet wide and 270 square feet.
3.
Parking is permitted on a driveway leading to a garage provided that no vehicle may project into private road or alley or sidewalk.
E.
Steep Slopes, Stream Corridors and Walls.
1.
Retaining walls between development in the AH-4 Zone and the R/S-3 Zone shall be constructed substantially in accordance with the exhibit entitled "Wall Exhibit at Property Line Between AH-4 Zone and R/S-3 Zone", dated July 8, 2019, Rev. July 10, 2019, 1 page (the "Wall Exhibit").
2.
The Board shall require as a condition of approval that the applicant maintain the landscape area between the retaining walls.
3.
The Board shall require as a condition of approval that the applicant obtain a permanent, recorded landscape easement for the area between the base of the wall and the property line on the adjoining property for the full length of the retaining walls. The maintained landscape area between the walls straddling the property lines shall be 15 feet.
4.
The Board shall grant waivers from steep slope grading, retaining walls and development requirements where reasonably necessary and consistent with the AH-4 Plan and the Wall Exhibit.
5.
The Board shall grant waivers from stream corridor buffer width requirements where reasonably necessary and consistent with the AH-4 Plan and in accordance with NJDEP regulations.
F.
Design Standards. Deviations from these standards shall be considered exceptions pursuant to N.J.S.A. 40:55D-51.
1.
Building Design. The purpose of these building design standards is to ensure that the design of townhouse and apartment buildings promotes a desirable visual and spatial environment.
(a)
Townhouses.
(1)
Building Design. Townhouses shall be designed substantially in accordance with the AH-4 Plan and substantially in accordance with the exhibit entitled "Alley TH Bldg Plan/Elev.", prepared by Appel Design Group, dated May 28, 2019, pages PB-1.1 through PB-1.3 and PB- 2.1 through PB-2.5, 8 pages.
(2)
Each building shall contain, at a minimum, one end unit model and one interior model. Each base model type home in any block shall have at least two alternative front elevations containing different design features, including, but not limited to the following:
(3)
Every townhouse shall have a front porch or a covered entry.
(4)
Materials shall be unified among all townhouses.
(5)
For alley-loaded townhouses, the finished first floor shall be a minimum of 18 inches above the front sidewalk elevation, and the front sidewalk shall rise no more than 16 inches at the sidewalk and 60 inches at the stoop, subject to engineering constraints.
(6)
End units may have four bedrooms. Interior units are not permitted to have more than three bedrooms.
(7)
A fence, wall, plantings, or some other element shall be provided to delineate the sidewalk from the front yards of every townhouse.
(8)
Grade changes shall only occur between townhouse units within one building at a location where the garages are not located side-by-side.
(b)
Multi-family. All building elevations and building plans, except for the number of units in a building, provided the number of units does not exceed 36 units, shall be designed substantially as shown on the exhibit first page entitled "Typical Apartment Building, 24 Unit & 36 Unit" and second page showing the elevations entitled "Typical Apartment Building", undated, 2 pages.
2.
Signs.
(a)
Community Building. The community building may have one identification sign which may include the street address. The identification sign shall not exceed 10 square feet in sign area.
(b)
Interior Monument. One single-sided interior monument sign with a maximum area of 30 square feet may be provided at each road entrance from a public or private road at a minimum setback of 5 feet, substantially in accordance with the "Signs at Public Road Extension and Private Drive" detail on the exhibit entitled "Monument Sign Elevation Detail" and "Monument Sign Plan Detail", 4 images, 1 page, undated.
(c)
Directional. Up to two directional signs may be provided on each street or driveway frontage from which vehicular access is derived. A directional sign shall not exceed six square feet in sign area and shall not exceed six feet in height. A directional sign shall be set back from any lot line by at least three feet.
(d)
Residential Building Identification. Up to two attached identification signs may be provided on each residential building. The maximum sign area of each shall not exceed six square feet. Such signs shall be appropriately integrated within the architecture of the buildings.
(e)
The types, designs, lighting and locations of all signs shall be approved by the Board.
3.
Lighting.
G.
Affordable Housing.
1.
The AH-4 Zone shall provide 131 affordable housing credits, exclusive of rental bonus credits, of which 92 shall be affordable apartments and 39 shall be special needs bedrooms in 13 apartments.
2.
Affordable housing units shall be dispersed throughout a minimum of 70% of the apartment buildings in the zone.
3.
Affordable housing units shall not be age-restricted.
4.
Affordable housing shall comply in every respect with the affordable housing requirements of COAH, or any successor or replacement agency; the New Jersey Housing Mortgage and Finance Agency, or any successor or replacement entity; and the New Jersey courts, as such requirements exist at the time of final approval.
§ LDO3-34 AH-5 - ROUTE 202 AFFORDABLE HOUSING 5 ZONE.
[Added 7-22-2019 by Ord. No. 2019-1357]
§ LDO3-34.1 Purpose.
The AH-5 Zone is intended to provide for development of 100% age-restricted, 100% affordable rental apartments. The AH-5 Zone shall provide 150 affordable apartments.
§ LDO3-34.2 General Provisions.
A.
The development regulations set forth herein shall apply to the zone as a whole, not to individual lots which may be created therein. For the purposes of this section, the word "tract" shall mean the entire zone district.
B.
The tract shall be permitted to be subdivided into one or more parcels, and one or more buildings or uses shall be permitted on a single parcel. The tract shall be permitted to be constructed in one or more phases.
C.
The use, bulk, design and performance standards of the AH-5 Zone shall supersede other zoning provisions of the Branchburg Township Land Development Ordinance, except that where the regulations and standards of the AH-5 Zone are silent, the other standards of the Land Development Ordinance shall apply.
§ LDO3-34.3 Permitted Uses.
A.
Principal use. One hundred fifty 100% age-restricted, 100% affordable rental apartments.
§ LDO3-34.5 Buffering and Landscape Requirements.
A.
Frontage buffer. There shall be a frontage buffer along Old York Road, which shall be as follows:
1.
The buffer width shall be a minimum of 20 feet.
2.
The buffer shall be maintained as a planted/landscaped area and no structures shall be permitted within the buffer except for access drives, walkways, stormwater basins, utilities and/or signs.
3.
The buffer plantings shall consist of a combination of trees and shrubs, and may also include native grasses, perennials, and annuals.
4.
The minimum planting height for shrubs shall be 3 feet.
5.
Minimum Shade Tree Size: 13 feet height and 3 inches caliper.
6.
Minimum Deciduous Ornamental Tree Size: 8 feet height and 1 3/4 inches caliper.
7.
Where existing vegetation is preserved and found adequate to serve as a frontage buffer by the Board, new plantings shall not be required.
B.
Transition buffer. There shall be a transition buffer established along Block 62 block limit line, which shall be as follows:
1.
The transition buffer width shall be a minimum of 25 feet as measured from the Block 62 block limit line as shown on the Township Tax Map as of June 1, 2019.
2.
The transition buffer shall be maintained as a planted area with no structures except for fencing, walls, walkways, utilities, and/or stormwater basins.
3.
The buffer plantings shall consist of a continuous row of evergreen trees in a staggered arrangement. The buffer may also include trees and/or shrubs and/or ornamental grasses, perennials, and annuals. Size of buffer plantings shall conform to paragraph 4-5.3 B.
4.
Where existing vegetation is preserved and found adequate to serve as a transition buffer by the Board, new plantings shall not be required.
5.
The transition buffer may include a solid privacy fence.
§ LDO3-34.6 Minimum Off-Street Parking Requirements.
Minimum Off-Street Parking shall be 1.1 spaces per unit.
§ LDO3-34.7 Design Regulations.
A.
Architecture.
1.
Facades. Building facade length shall not exceed 150 feet without an architectural facade change. This may be accomplished, by way of example, through changes in materials, color, pattern and/or texture; changes in the size and rhythm of fenestration or glazing; or changes in the roofline such as coping, parapet, cornice or similar ornamental features.
2.
Roofs. Flat and/or pitched roofs shall be permitted.
3.
Residential density per building. The maximum number of residential units per building shall be 75.
B.
Landscape Architecture.
1.
All areas that do not contain buildings or structures shall be planted with trees, shrubs and/or lawn.
E.
Lighting.
1.
All freestanding light fixtures shall be no higher than 20 feet above grade level.
2.
The maximum illumination at any abutting property in residential use at the time of site plan approval shall be 0.5 footcandles.
3.
Light fixtures shall be shielded and shall utilize metal halide, LED or other white light source.
F.
Refuse.
1.
All refuse and recycling storage shall be fully enclosed and screened within the building or, if outside, within a masonry refuse enclosure that is a minimum of 6 feet high on all sides.
2.
The refuse enclosure shall include a separate access gate for persons, in addition to the gate for vehicle/container access.
H.
Signs.
1.
One ground sign shall be permitted for development in the zone and one wall sign shall be permitted per building.
2.
The maximum sign area for any sign shall be 60 square feet.
3.
The maximum height for any ground sign shall be 8 feet.
4.
If access to development in the zone is shared with an adjacent lot an additional ground sign may be permitted at that driveway as long as it complies with the requirements of paragraphs H.2. and H.3. above.
§ LDO3-34.8 Affordable Housing.
A.
The AH-5 Zone shall provide 150 affordable housing credits, exclusive of rental bonus credits, with 150 100% age-restricted, 100% affordable rental apartments.
B.
Affordable housing shall comply in every respect with the affordable housing requirements of the New Jersey Council on Affordable Housing, or any successor or replacement agency; the New Jersey Housing Mortgage and Finance Agency, or any successor or replacement entity; and the New Jersey courts, as such requirements exist at the time of final approval.
§ LDO3-34.9 Age-Restricted Occupancy Requirements.
A.
The Planning Board shall require as a condition of approval of an AH-5 development that 100% of the housing units be permanently age restricted so that occupancy of such housing shall be limited to persons 55 years of age or older, and other occupants in accordance with applicable laws, including by way of example the Housing for Older Persons Act of 1995.
B.
The age restriction shall be subject to a permanent deed restriction in accordance with applicable laws.
§ LDO3-35 AH-6 - ROUTE 202 SOUTH AFFORDABLE HOUSING 6 ZONE.
[Added 2-10-2020 by Ord. No. 2020-1375]
§ LDO3-35.1 Purpose.
The AH-6 Zone is intended to provide for development of two-family and multifamily residential uses, including family and age-restricted (senior) dwellings, both for-sale and rental, with a portion of such housing restricted to occupancy by households of very low, low and moderate income. The AH-6 Zone shall provide no more than 475 total dwelling units and shall provide 125 affordable dwelling units consisting of:
§ LDO3-35.2 Applicability of Standards.
The use, bulk, design and performance standards of the AH-6 Zone shall supersede other zoning provisions of the Branchburg Township Land Development Ordinance for development within the AH-6 Zone. Where the regulations and standards of the AH-6 Zone are silent the other standards of the Land Development Ordinance shall apply.
§ LDO3-35.3 Definitions.
The following definitions shall apply to the AH-6 Zone. In the case of any conflict between the definitions in this section and those found in the Land Development Ordinance or General Ordinance, the definitions in this section shall apply and supersede the other ordinance definitions for development within the AH-6 Zone.
A housing unit that is designed to meet the needs of, and is exclusively for, an age-restricted segment of the population such that: (a) All the residents of the unit are 62 years or older; (b) At least 80 percent of the units are occupied by one person that is 55 years or older; or (c) The development has been designated by the Secretary of HUD as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. §§ 3607.
A building containing three or more dwelling units, including units that are located one over the other. Also known as apartment house, stacked townhouse or garden apartment.
A dwelling within a building containing two attached dwelling units that share a common wall, with no opening in the common wall, at a common lot line and that are on separate lots. Also known as a twin dwelling.
A multifamily dwelling unit within a building containing three or more dwelling units that has a common side or rear wall with another dwelling unit and is either above or below another dwelling unit within the same building (see "Dwelling, multifamily").
A building consisting of not less than three single-family dwelling units, with no other dwelling unit or portion of another dwelling unit directly above or below, each dwelling unit of which having direct ground level access to the outdoors and connected to the other dwelling units by no more than two party walls with no opening in walls between dwelling units. Townhouse does not include "Stacked Townhouses", which are multifamily dwellings (see "Dwelling, multifamily" and "Stacked townhouse"). A townhouse may be fee simple, condominium, cooperative or any combination thereof.
The properties identified as Block 70, Lots 18, 24 and 24.01 making up the entire AH-6 zoning district.
§ LDO3-35.4 Permitted Uses.
A.
Principal uses.
1.
A maximum of 475 dwelling units composed of the following:
(a)
A maximum of 62 for-sale market-rate semi-detached dwelling units; and
(b)
A maximum of 113 for-sale market-rate townhouses; and
(c)
40 for-sale affordable family Stacked Townhouses; and
(d)
26 for-sale affordable age-restricted townhouses or Stacked Townhouses; and
(e)
A maximum of 175 rental market-rate family apartments; and
(f)
31 rental affordable family apartments; and
(g)
28 rental affordable senior apartments.
2.
Public recreation and open space.
B.
Accessory uses.
1.
Private garages and off-street parking;
2.
Patios and decks;
3.
Fences and walls;
4.
Conservation, recreation and open space;
5.
Stormwater Management, sanitary sewer and other utilities;
6.
Business office, for on-site management, model homes with sales offices;
7.
Tenant storage for rental dwelling units;
8.
Maintenance facilities, including superintendent office and storage of maintenance equipment;
9.
Clubhouse, pool, community building, rental office, and model dwelling units;
10.
Accessory uses on the same lot and deemed customarily incidental to a permitted principal use by the approving authority.
11.
Utility enclosures deemed necessary to serve Principal uses on the site.
§ LDO3-35.5 Area and Bulk Requirements.
A.
The minimum Tract Area shall be the entirety of the AH-6 zone.
B.
Subdivisions for the purposes of phasing or financing shall be permitted as long as the area and bulk requirements for the zone are met.
C.
Measurement of Setbacks and Lot Areas. Since all thoroughfares, streets and parking will be held privately, setbacks to streets shall be measured from a building to the nearest edge of a common sidewalk. Lot depth, for the purpose of calculating lot area, shall be measured from the nearest edge of a sidewalk to the real lot line.
D.
Semi-detached dwellings.
1.
Minimum lot size: 4,000 sf per dwelling unit.
2.
Minimum front yard setback between building and sidewalk: 20 feet.
3.
Minimum rear yard setback: 25 feet.
4.
Minimum side yard setbacks: 0 feet at common wall/property line; 10 feet to other property line.
5.
Maximum building height: 2.5 stories, not exceeding 35 feet.
6.
Minimum driveway length: 20 feet between building and front sidewalk.
E.
Market-rate family townhouses.
1.
Minimum lot size: 2,500 sf.
2.
Minimum front yard setback between building and sidewalk: 20 feet.
3.
Minimum rear yard setback: 10 feet.
4.
Maximum building height: 3 stories, not exceeding 40 feet and for those townhouses within 100 feet of the tract boundary that abuts a residential use shall not exceed 35 feet.
G.
Affordable family or age-restricted Stacked Townhouses.
1.
Minimum lot size: 800 sf per 2 stacked dwelling units.
2.
Minimum front yard setback between building and sidewalk: five feet.
3.
Minimum rear yard setback: 10 feet.
4.
Maximum building height: 3 stories, not exceeding 45 feet and for those townhouses within 100 feet of the tract boundary that abuts a residential use shall not exceed 35 feet.
H.
Additional standards for townhouses.
I.
Apartments:
1.
80% of the building facade facing a private road shall be setback a minimum of ten (10) feet from the sidewalk.
2.
Minimum setback between building facade not facing a private road and sidewalk: five feet.
3.
Maximum building height: 4 stories, not exceeding 55 feet and for apartments within 100 feet of the tract boundary that abuts a residential use shall not exceed 35 feet and 3 stories.
5.
Maximum dwelling units in one building: 40.
6.
Family apartment storage. For each family apartment, in addition to any storage areas contained within the apartment, there shall be provided 200 cubic feet of storage in a conveniently accessible area, either within the apartment building or in a separate building where belongings can be kept locked and separated from the belongings of other occupants.
7.
Age-restricted apartment storage. For each age-restricted apartment, in addition to any storage areas contained within the apartment, there shall be provided 200 cubic feet of storage in a conveniently accessible area, either within the apartment building or in a separate building where belongings can be kept locked and separated from the belongings of other occupants.
J.
Additional Bulk Requirements.
1.
Impervious coverage shall not exceed 65% of Tract Area;
2.
Building coverage shall not exceed 25% of the Tract Area;
3.
Private streets, off-street parking areas and driveways shall be located a minimum of 50 feet from any zone boundary, except where connectivity to adjacent properties or streets is necessary.
4.
Permitted encroachments.
(a)
Entry steps, covered entries, and porches projecting no more than six feet from the building face are permitted in a front, rear or side setback.
(b)
Bay windows and chimneys projecting no more than two feet from the building face are permitted in a front, rear or side setback.
(c)
Decks projecting no more than ten feet from the building face are permitted in the rear setback.
5.
Building Setback to Zone Boundary. The minimum setback from a building to any zone boundary shall be 30 feet for apartments and townhomes and 10 feet for accessory, maintenance, storage buildings and utility enclosures deemed necessary to service Principal uses on the site.
§ LDO3-35.6 Development Standards.
A.
Deviations from these standards, or de minimis exceptions from requirements of RSIS, shall be considered exceptions pursuant to MLUL.
B.
The Developer may develop the project in phases. The phases will be determined and approved during preliminary site plan approval. Developer must demonstrate to the Planning Board that its development shall be timed and phased to ensure that during the period of construction no less than the mandatory minimum percentage of affordable housing units to market rate units for the Tract Area are completed at any time in accordance with the UHAC regulations and the Township's affordable housing ordinance.
C.
Technical Subdivision.
1.
It is acknowledged that a project to be developed pursuant to this subsection may be of such a size or type so as to make sectionalization by subdivision and the use of different forms of ownership a practical necessity. Therefore, a technical subdivision for such a project may be required for marketing or financing purposes.
2.
An application for technical subdivision approval may be submitted with an application for approval of a site plan or subdivision, or subsequent to the issuance of such an approval.
3.
Such an application shall be considered as a technical subdivision without the necessity to obtain dimensional variances that would technically be required.
(a)
The purpose of the technical subdivision is to create a new lot or lots for the purpose of financing or transfer of ownership within a development which is, or has been, the subject of site plan approval.
(b)
A technical subdivision may not substantially modify or otherwise adversely impact on the integrity of the development plan.
(c)
A technical subdivision must not reduce, limit or modify parking or access to parking.
(d)
If a technical subdivision includes the division of parking or other common areas or facilities, the subdivision shall be conditioned upon appropriate easements for parking, access, drainage and/or utilities where necessary.
D.
Circulation and Parking.
1.
Thoroughfares, streets and parking within in the AH-6 Zone shall be substantially in accordance with the exhibit entitled "Concept, Ryan Homes-Branchburg, Block 70, Lots 18, 24, 24.01, Township of Branchburg" dated August 23, 2019, last revised January 27, 2020, prepared by E & LP (the "Concept Plan"). Reasonable revisions shall be permitted provided they are deemed consistent with the design principles expressed in the Concept Plan or are required to obtain outside agency permits.
2.
Thoroughfares, streets and parking within the AH-6 Zone shall be owned and maintained by a private entity and shall not be dedicated to the Township;
3.
Thoroughfares, streets and parking shall comply with RSIS with respect to the number (in the case of parking spaces) design and configuration of regulated elements.
4.
Thoroughfares, streets and parking shall be designed to provide clear access and permit necessary circulation for the most restrictive Branchburg fire apparatus, assuming that all on-street and off-street parking spaces are occupied.
5.
Thoroughfares, streets and parking shall be subject to Title 39 jurisdiction.
6.
Parking shall comply with the NJ Barrier-Free Standards/Federal Accessibility Guidelines (ADA) with respect to the number, design, configuration and detailing of accessible parking spaces.
E.
Community design.
1.
The location and arrangement of buildings and uses within the AH-6 Zone shall be substantially consistent with the Concept Plan. Reasonable revisions shall be permitted provided they are deemed consistent with the design principles expressed in the Concept Plan as determined by the Planning Board or are required to obtain outside agency permits.
2.
Pedestrian Connectivity. Pedestrian walkways connecting streets and the dwellings shall be provided. Sidewalks and paths shall be provided substantially in accordance with the Concept Plan.
3.
Street trees shall be planted an average of 40 feet on center along the entirety of the public and private frontages, except for frontages on lanes or alleys and except in front of front-loaded townhouses.
4.
No refuse container or trash or recycling collection area shall be located closer than 20 feet from any residential unit.
F.
Open Space Standards.
1.
Open space shall be substantially consistent with the size, location and configuration as shown on the Concept Plan.
2.
Open spaces shall be planted with double rows of street trees along thoroughfare frontages, with the exception of areas abutting thoroughfare frontages that are to be maintained with existing vegetation and where plantings of trees are not feasible due to the location of existing utility infrastructure.
3.
A detailed plan for all open spaces shall be submitted for review and approval as part of preliminary subdivision or site plan application.
4.
Stormwater facilities are permitted with the open space areas but shall not impede the function of open space.
5.
Conservation areas shall be delineated and permanently marked as such in a manner approved by the Board.
6.
Areas containing freshwater wetlands, wetland transition area boundary or limit of disturbance approved by DEP and stream corridors shall be delineated and permanently marked as such in a manner approved by the Board. Markers may consist of monuments, signs or fencing and shall be clearly perceptible after installation.
7.
Township Recreation. Informal recreational fields with a parking area is required to be constructed consistent with the Concept Plan. The Township at its option may take ownership or enter into a long term lease of said area. Details for the recreational fields and parking area shall be provided for approval as part of preliminary major subdivision approval. In the event the Township, does not request the recreational fields, the area in which said fields are denoted on the Concept Plan shall be retained pursuant to Paragraph 9 below as open space.
8.
There shall be provided, for the perpetual use of all residents of the zone, substantially in accordance with the Concept Plan:
9.
Open Space Ownership. All open space shall be owned and maintained by a private association/entity, except that the planned recreation fields and parking area referenced in Paragraph 7 above shall be dedicated to the Township if accepted by the Township Committee.
G.
Steep Slope, Tree Replacement and Stream Corridor Consideration.
1.
The Board shall grant exceptions from stream corridor buffer width requirements where reasonably necessary, consistent with the Concept Plan, and in accordance with NJDEP regulations.
2.
The Board shall grant exceptions from the limits on the disturbance of steep slope areas where reasonably necessary and consistent with the Concept Plan. However, this shall not include the Land Development Ordinance's technical requirements for stabilization of steep slopes.
3.
In recognition of the terrain of the AH-6 zone, retaining wall heights of up to 10 feet shall be permitted. However, retaining walls shall be separated from buildings by 10 feet so that there is sufficient space for maintenance and emergency access after construction is complete.
4.
Exceptions from tree replacement quantities shall be considered where reasonably necessary to provide for development consistent with the Concept Plan, but shall not result in buffering of adjacent zones or residential uses that is less effective than the minimal buffer standards of the ordinance.
H.
Design Standards.
1.
Building Design. The purpose of these building design standards is to ensure that the design of semi-detached, townhouse and apartment buildings promotes a desirable visual and spatial environment. Building design shall be substantially consistent with those shown on the Concept Plan. Reasonable revisions shall be permitted provided they are deemed consistent with the design principles expressed in the Concept Plan as determined by the Planning Board or are required to obtain outside agency permits.
(a)
Semi-detached and townhouse dwellings.
(1)
Buildings containing semi-detached and townhouse dwellings shall be designed, located and arranged in a manner that is substantially in accordance with the Concept Plan.
(2)
Each townhouse building shall contain, at a minimum, one end unit model and one interior model. Each model type home in any block shall have at least two alternative front elevations containing different design features, including, but not limited to the following:
(3)
Each semi-detached and townhouse dwelling unit shall contain a front porch or a covered entry.
(4)
Materials and colors shall be unified within buildings containing semi- detached and townhouse dwellings.
(5)
Grade changes shall only occur between townhouse units within one building at a location where the garages are not located side by side.
(6)
Buildings at corners of intersection streets shall include a stone or masonry water table matching the front elevation and shutters on all windows on each facade facing a street.
(b)
Apartments. All buildings shall be designed substantially in accordance with the architectural style and materials as is provided for the townhomes and semi-detached dwelling units within the development of the tract.
(c)
Community Building. Shall be designed to be consistent with the architecture of the residential buildings within the AH-6 Zone.
2.
Signs.
(a)
Community Building Sign. The community building may have one identification sign, which shall include the street address. The identification sign shall not exceed 24 square feet in sign area and six feet in height.
(b)
Public Entrance Identification Sign. One single-sided monument-style sign is permitted at each entrance point where the interior roadways intersect Holland Brook Road and US Route 202. The minimum setback for these signs shall be 15 feet from a public right-of-way. Public entrance signs shall not exceed 32 square feet in sign area and eight feet in height.
(c)
Interior Identification Sign. The zone may have one interior monument-style identification sign. The identification sign shall not exceed 24 square feet in sign area and six feet in height.
(d)
Directional. No more than two directional signs shall be allowed on each street or driveway frontage from which vehicular access is derived. A directional sign shall not exceed six square feet in sign area and shall not exceed six feet in height. A directional sign shall be set back from any lot line by at least three feet.
(e)
Residential Building Identification. Each residential building may have up to two attached identification signs. The maximum sign area of each shall not exceed six square feet. Such signs shall be appropriately integrated within the architecture of the buildings.
(f)
Open Space Identification. Individual open spaces within the zone may have up to four monument-style identification signs. Such signs shall not exceed six square feet in sign area and six feet in height.
(g)
Lighting. Signs shall not be internally illuminated.
(h)
The types, designs, lighting and locations of all signs shall be subject to approval by the Board.
3.
Lighting.
(a)
No building-mounted lighting shall be more than 12 feet above the closest first floor finished grade. Building-mounted lighting shall not be directed to parking areas and shall be of full cut-off design.
(b)
The types, designs and locations of all lighting shall be subject to approval by the Board.
§ LDO3-35.7 Affordable Housing.
B.
Affordable family apartment dwelling units shall be distributed equally among all family apartment buildings.
C.
All affordable age-restricted apartments may be located within a single building, provided that the total number of dwellings permitted in the building is not exceeded.
D.
Affordable housing shall comply in every respect with the affordable housing requirements of the New Jersey Council on Affordable Housing, or any successor or replacement agency; the New Jersey Housing Mortgage and Finance Agency, or any successor or replacement entity; and the New Jersey courts, as such requirements exist at the time of final approval.
§ LDO3-36 R/S-3 RETAIL SERVICE 3 ZONE.
[Added 8-26-2019 by Ord. No. 2019-1359]
§ LDO3-36.1 Purpose.
The R/S-3 Zone is intended to provide goods and services to the ultimate consumer in appropriately scaled shops and offices, and the potential of apartments over retail or office space, reflecting the character of development along Route 22.
§ LDO3-36.2 Applicability of Standards.
The use, bulk, design and performance standards of the R/S-3 Zone shall supersede other zoning provisions of the Branchburg Township Land Development Ordinance, except that where the regulations and standards of the R/S-3 Zone are silent, the other standards of the Land Development Ordinance shall apply.
§ LDO3-36.3 Permitted Uses.
A.
Principal uses, all to be developed substantially as shown on the exhibit entitled "Overall Commercial Site Plan Exhibit" prepared by Dynamic Engineering, dated 01/04/19, last revised 08/09/19 (the "R/S-3 Plan"):
1.
One convenience store with motor fuel dispensing of approximately 6,000 sq. ft. and a maximum of 16 fueling positions;
2.
One fast-food restaurant of approximately 5,000 sq. ft.;
3.
Restaurant of approximately 8,000 sq. ft.;
4.
Pharmacy of approximately 15,000 sq. ft.;
5.
Offices;
6.
Retail sales;
7.
Personal services;
8.
Grocery market of approximately 25,000 sq. ft.;
9.
A single story of apartments above retail or office space.
10.
One bus shelter for public bus services;
11.
One identification sign for the residential uses in the AH-4 Zone, as regulated in this section.
B.
Preexisting uses and structures in the zone at the time of adoption of this ordinance shall continue to be permitted uses and structures, but shall not be expanded if inconsistent with the use and structure requirements of the zone. The subdivision of property in accordance with the establishment and development of the AH-4 Route 22 Planned Residential/Affordable Housing 4 Zone and R/S-3 Retail Service 3 Zone consistent with the R/S-3 and AH-4 Concept Plans shall be permitted and shall not be considered an expansion or intensification of the preexisting uses and structures in the R/S-3 Retail Service 3 Zone. This provision of the ordinance shall automatically sunset and expire on July 31, 2025.
[Added 8-24-2020 by Ord. No. 2020-1387[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsections B and C as Subsections C and D, respectively.
D.
Common Elements:
This ordinance recognizes that driveways, roadways, plantings and utilities serving development within this zone will also serve development permitted in the adjacent AH-4 Zone. Common use of such elements is permitted and shall not constitute a nonconforming use.
§ LDO3-36.4 Area and Bulk Requirements.
A.
The minimum planted frontage buffer to Route 22 shall be 40 feet and provided in accordance with paragraph 4-5.2A.
B.
The minimum setback from the Route 22 right-of-way to any building, with the exception of a bus shelter, shall be 75 feet.
C.
The minimum setback from any other public street right-of-way to any building shall be 30 feet, of which 20 feet shall consist of a frontage buffer in accordance with paragraph 4-5.2 A; except that stormwater management facilities, sidewalks, and open space shall not require frontage buffering.
D.
The minimum setback from any private street to any building shall be 20 feet.
E.
The minimum setback from the curbline shall be 25 feet.
F.
Maximum floor area ratio: .20.
G.
Maximum impervious coverage: 70%.
H.
(Reserved)
I.
(Reserved)
J.
Minimum distance between buildings: 25 feet.
K.
Maximum building height: 45 feet or 2 1/2 stories, whichever is less; except that a maximum of 50 feet or 3 1/2 stories is permitted for a building facing Route 22 that includes apartments above retail or office space, provided that a front building setback of at least 200 feet is maintained.
L.
Maximum floor area of any single retail building shall not exceed 25,000 square feet.
M.
Parking is permitted in the front yard, but in no case shall parking be located within the required frontage buffer along Route 22.
N.
Outdoor dining is permitted as accessory to a restaurant, subject to the following:
1.
A minimum of four feet of unobstructed sidewalk surface or delineated paved surface adjacent to outdoor dining shall be available for pedestrian traffic around or through the outdoor dining area;
2.
Umbrellas or awning used in an outdoor dining area shall provide a minimum clearance of seven feet from the lowest point to grade;
3.
No table, chair, or other item used in conjunction with an outdoor dining area shall be attached, chained or in any manner affixed to any tree, post, sign, curb or sidewalk or property of the Township.
O.
The minimum planted transition buffer shall be substantially in accordance with the exhibit entitled "Wall Exhibit at Property Line Between AH-4 Zone and R/S-3 Zone", dated July 8, 2019, revised July 10, 2019, 1 page, which is a part of subsection 3-33 (the "Wall Exhibit").
§ LDO3-36.5 Development Requirements.
[Amended 5-8-2023 by Ord. No. 2023-1447]
A.
Circulation and Streets.
1.
Major circulation in the R/S-3 Zone shall be substantially in accordance with the exhibit entitled "Conceptual Vehicular Circulation Plan for Block 9", dated 5-24-19, revised 8-6-19 prepared by Douglas A. Ball, P.E., Township Engineer, which is a part of subsection 3-33 (the "Circulation Plan").
2.
The intersection of Route 22 with and across from France Drive shall be signalized in accordance with the recommendations of the Master Plan Land Use Element.
3.
All streets, alleys, driveways and parking areas shall demonstrate adequate access for and circulation of the most restrictive Branchburg fire apparatus, taking in consideration parking spaces and tree canopies.
4.
All streets, alleys, driveways and parking areas in the R/S-3 Zone, and all infrastructure within them, shall be privately owned and maintained.
5.
All streets, alleys, driveways and parking areas in the R/S-3 Zone shall be subject to Title 39 jurisdiction.
B.
Community design.
1.
Development in the R/S-3 Zone shall be substantially in accordance with the R/S-3 Plan.
2.
However, it is not intended that the R/S-3 Plan and the Circulation Plan be definitive regarding any particular aspect of the community design, it being intended that Board review of a site plan will result in reasonable refinements, while still being substantially consistent with the R/S-3 Plan and the Circulation Plan.
3.
Street trees shall be planted an average of 40 feet on center along the entirety of the public and private street frontages, except for frontages on lanes or alleys.
4.
The development shall include a transit stop and plaza area as depicted on the R/S-3 Plan.
5.
No refuse container or trash or recycling collection area shall be located closer than 50 feet to any residential unit.
C.
Steep Slopes, Stream Corridors, and Walls.
1.
Retaining walls between development in the R/S-3 Zone and the AH-4 Zone shall be constructed substantially in accordance with the Wall Exhibit.
2.
The Board shall require as a condition of approval that the applicant maintain the landscape area between the retaining walls.
3.
The Board shall require as a condition of approval that the applicant provide a permanent recorded easement to the AH-4 developer for the landscape maintenance from the face of the wall to the common property line.
4.
The Board shall grant waivers from steep slope grading and development requirements where reasonably necessary and consistent with the R/S-3 Plan and the Wall Exhibit.
5.
The Board shall grant waivers from stream corridor buffer width requirements where reasonably necessary and consistent with the R/S-3 Plan, and in accordance with NJDEP regulations.
D.
Stormwater Management.
1.
Stormwater quality and recharge requirements for the R/S-3 Zone may utilize an area within the adjacent AH-4 Zone for a detention basin as shown on the exhibit "AH-4 Plan", which is a part of subsection 3-33.
2.
The developer shall be responsible for obtaining all necessary easements and agreements for the construction and perpetual maintenance of any off-site stormwater facilities.
E.
Design Standards. Deviations from these standards shall be considered exceptions pursuant to N.J.S.A. 40:55D-51.
1.
Pedestrian Connectivity. Pedestrian walkways shall coincide with and connect to the walkways planned for or constructed in accordance with the exhibit entitled "Pedestrian Connectivity Exhibit" which is part of section 3-33. Painted pedestrian crosswalks in accordance with applicable governmental standards shall be provided at intersections.
2.
Signs.
(a)
AH-4 Residential Identification Sign. One "V"-shaped, two-faced identification sign for the residential uses in the AH-4 Zone, with a maximum area of 60 square feet on each face and located a minimum of 15-feet from the highway right-of-way, substantially in accordance with the sign designated as the exhibit entitled "Monument Sign Elevation Detail" and dated May 9, 2019..
(b)
Non-Residential Signs Permitted:
(1)
One primary freestanding sign, which shall contain the street address, maximum 16 feet in height, maximum 80 sq. ft. in area, set back not less than 15 feet from any lot line or right-of-way;
(2)
Two secondary freestanding signs, each maximum 12 feet in height, maximum 60 sq. ft. in area, set back not less than 15 feet from any lot line or right-of-way;
(3)
Facade, awning, canopy and/or window signs for each commercial building, the aggregate total of all such signs not to exceed 5% of the front facade of the principal building.
(c)
Prohibited Signs:
(d)
All sign materials, finishes and designs shall be consistent.
F.
Affordable Housing.
1.
At least twenty percent of any dwelling units in the R/S - 3 Zone shall be affordable housing units.
2.
Affordable housing units shall not be age-restricted.
3.
Affordable housing units shall be dispersed throughout market rate units of the same type within the development in a manner approved by the Board.
4.
Affordable housing shall comply in every respect with the affordable housing requirements of the New Jersey Council on Affordable Housing, or any successor or replacement agency; the New Jersey Housing Mortgage and Finance Agency, or any successor or replacement entity; and the New Jersey courts, as such requirements exist at the time of final development approval.
§ LDO3-37 R/S-4 RETAIL SERVICE 4 ZONE.
[Added 10-28-2019 by Ord. No. 2019-1365]
§ LDO3-37.1 Purpose.
The R/S-4 Zone is primarily intended to provide goods and services to the ultimate consumer in appropriately scaled shops and offices, and the potential of apartments over retail or office space, reflecting the character of development along Route 202.
§ LDO3-37.2 Applicability of standards.
The use, bulk, design and performance standards of the R/S - 4 Zone shall supersede other zoning provisions of the Branchburg Township Land Development Ordinance, except that where the regulations and standards of the R/S - 4 Zone are silent, the other standards of the land development ordinance shall apply
§ LDO3-37.3 Permitted Uses.
A.
Principal uses:
1.
A convenience store with motor fuel dispensing;
2.
A fast-food restaurant with drive-thru;
3.
A restaurant or take-out restaurant;
4.
A pharmacy;
5.
Retails sales and personal services;
6.
Business and medical offices;
[Amended 3-22-2021 by Ord. No. 2021-1406]
7.
A funeral parlor;
8.
A hotel;
9.
Commercial agriculture, excluding marijuana production;
10.
A single story of apartments above retail or office space;
11.
Community residences for the developmentally disabled and community shelters for victims of domestic violence for fewer than six occupants;
12.
Child care centers as regulated in section 4-7;
13.
Banks and other financial institutions; and
[Added 3-22-2021 by Ord. No. 2021-1406]
14.
Grocery Market limited to 25,000 square feet.
[Added 3-22-2021 by Ord. No. 2021-1406]
§ LDO3-37.4 Area and Bulk Requirements.
A.
Minimum lot area: 60,000 square feet.
B.
Minimum lot width: 200 feet.
C.
Minimum front yard: 50 feet.
E.
Minimum rear yard: 25 feet.
F.
Maximum height: 50 feet or 3 1/2 stories, whichever is less.
G.
Maximum impervious coverage shall be 50%.
[Amended 3-22-2021 by Ord. No. 2021-1406]
H.
Outdoor dining is permitted as accessory to a restaurant, subject to the following:
1.
Seating for outdoor dining may not exceed 50% of the total seating provided inside;
2.
Seating for outdoor dining is considered seasonal and is therefore not included in the total seating count for parking demand;
3.
A minimum of four feet of unobstructed sidewalk surface or delineated paved surface adjacent to outdoor dining available for pedestrian traffic around or through the outdoor dining area;
4.
Umbrellas or awning used in an outdoor dining area shall provide a minimum clearance of seven feet from the lowest point to grade;
5.
No table, chair, or other item used in conjunction with an outdoor dining area shall be attached, chained or in any manner affixed to any tree, post, sign, curb or sidewalk or property of the Township.
§ LDO3-37.5 Buffers, Parking, Signage, Design Standards and Zoning General Provisions
[Added 3-22-2021 by Ord. No. 2021-1406]
A.
The transition buffer requirements set forth in §4-5.4B1 "Frontage and Transition Buffer Requirements" as they pertain to the adjacent AH-5 Route 202 Affordable Housing 5 Zone shall be amended to provide for a minimum buffer of 20 feet within the zone. All other "Frontage and Transition Buffer Requirements" shall apply within the zone.
B.
The number of parking spaces requirement set forth in 4-4.2 "Number of Parking Spaces" Exhibit 2 "Off-Street Parking Requirements for Nonresidential Land Uses" for "Retail Store Business Services and Personal Services (5 or fewer tenants)" shall be amended to provide for a minimum of 1 space per 250 square feet GFA within the zone. All other "Number of Parking Spaces" requirements shall apply within the zone.
C.
The parking lot requirement set forth in § 5-2.1J "Parking Size and Parking Lot Design" as it pertains to the location of parking lots a minimum of 20 feet from any property line shall not apply to property lines based on the subdivision of property with the zone. All other "Parking Size and Parking Lot Design" requirements shall within the zone.
D.
The permitted signage in the zone shall comply with the regulations and requirements set forth in § 4-8 "Signs" unless otherwise modified below:
1.
One freestanding monument sign for a combination gas station/convenience store use, which shall include the street address, maximum 12 feet in height, maximum 80 square feet in area, with or without internal illumination, set back not less than 15 feet from any lot line or right of way shall be permitted in the zone;
2.
Three secondary freestanding monument signs, which shall include the street address, maximum 12 feet in height, maximum 50 square feet in area, with or without internal illumination, set back not less than 15 feet from any lot line or right of way shall be permitted in the zone;
3.
Facade, awning, canopy and/or window signs for each commercial building, the aggregate total of all such signs not to exceed 5% of the front facade of the principal building. Where no free standing or ground sign is used the aggregate total of all such signs shall not exceed 7%;
4.
All sign materials, finishes and designs shall be consistent.
§ LDO3-38 AH-7 18 LAMINGTON ROAD AFFORDABLE HOUSING 7 ZONE.
[Added 9-14-2020 by Ord. No. 2020-1390]
The development of the AH-7 18 Lamington Road Affordable Housing 7 Zone is to be in accordance with the "18 Lamington Road Redevelopment Plan" attached hereto as Exhibit A.
Editor's Note: Exhibit A, 18 Lamington Road Redevelopment Plan, is included as an attachment of this chapter.
§ LDO3-39 EWRPZ EVANS WAY REDEVELOPMENT PLAN ZONE.
[Added 3-28-2022 by Ord. No. 2022-1424]
The "Evans Way Redevelopment Plan" attached hereto as Exhibit A is hereby adopted in accordance with the Redevelopment and Housing Law, N.J.S.A. 40A:12A-7.
Editor's Note: Exhibit A, Evans Way Redevelopment Plan, is included as an attachment of this chapter.