Branchville City Zoning Code
ARTICLE IV
District Use Regulations
§ 123-8 When site development approval required.
[Amended 9-2-1987 by Ord. No. 9-87]
In all districts, a site development plan approved by the appropriate board shall be required in accordance with Article X for the erection, enlargement, movement, alteration or rebuilding of any building or all principal buildings other than one-family dwellings and, in addition, for all uses of land where no building is proposed but where a building permit or certificate of occupancy is required.
§ 123-9 Residential 1 District regulations.
In a Residential 1 District, no building shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used in whole or in part for any use except the following:
A.
Permitted uses:
(1)
One-family dwelling.
(2)
Municipal buildings and uses of every kind and nature, including administrative, garage and storage.
(3)
Public schools.
(4)
Parks and playgrounds.
B.
Permitted accessory uses.
(1)
Customary home occupations, including real estate and insurance offices and beauty shops, provided that:
[Amended 3-19-1997 by Ord. No. 1-97]
(a)
No sign or advertisement is permitted except one nonilluminated name plate or professional sign with an area of not more than two square feet on each side.
(b)
There is no display of goods. However, garage sales and/or yard sales are permitted with the following limitations:
[1]
There shall be no more than two such sales per year.
[2]
Each sale shall be for no more than three consecutive days.
[3]
All goods shall be removed from the exterior of the property at the conclusion of the sale. A temporary sign advertising the sale no larger than four feet by eight feet may be displayed on the property for a period of 10 days prior to the sale. The sign shall be removed the day after the sale.
[4]
Garage sales and/or yard sales are limited to the sale of things, goods or items that presently exist in the home or on the property. No thing, good, or item that is imported or brought onto the property for the purpose of selling that thing, good or item shall be included in a garage sale or yard sale.
[Added 12-5-2012 by Ord. No. 19-2012]
(2)
Professional office or studio of an artist, attorney, accountant, dentist, musician, teacher, physician, veterinarian or a like use, provided that:
(a)
Such office or studio is incidental to the residential use of the premises and is carried on by not more than one nonresident assistant.
(b)
Such office or studio shall occupy not more than 30% of the area of one floor of the main building.
(c)
Studios where dancing or music instruction is offered to groups in excess of four pupils at one time or where concerts or recitals are held are prohibited.
(d)
Veterinarian offices shall not be located within 100 feet of any lot line, and no kennel, runway, exercise pen or similar animal housing shall be located within 300 feet of any lot line.
(e)
There shall be no signs, display or advertisement except one nonilluminated nameplate or professional sign with an area of not more than two square feet on each side.
(3)
Garden house, toolhouse, garage, playhouse, temporary or permanent swimming pool incidental to the residential use of the premises and not operated for gain.
(4)
Private housing of equine animals. The private housing of equine animals is a permitted accessory use, provided the following regulations are complied with.
[Added 12-5-2007 by Ord. No. 06-2007]
(a)
Land requirements.
[1]
The minimum land area where equine animals are housed or kept shall be as follows:
Number of Equine Animals | Land Area |
|---|---|
1 | 1.5 acres, at least 1 acre of which is accessible to the equine animal |
2 | 2.25 acres, at least 1 acre of which is accessible to the equine animals |
3 | 3.00 acres, at least 1.5 acres of which is accessible to the equine animals |
4 | 3.50 acres, at least 2.0 acres of which is accessible to the equine animals |
0.50 acre for each additional animal, which shall be accessible to the animals |
[2]
The area accessible to the equine animals shall be open and planted with grass.
[3]
The area shall be fenced with wooden fencing or vinyl fencing. Electric fences are prohibited. The fence must be a minimum of five feet from all property lines and shall not encroach upon the road right-of-way.
(b)
Structures. Housing of equine animals must be provided in permanent, anchored barns for all horses or other equine animals on the property at which the animals are kept beyond two days and two nights. Each animal must be provided with a box stall. The animals shall not be housed in horse travel trailers. Barns shall further be regulated according to the following:
[1]
Each box stall should be at least 100 square feet.
[2]
Minimum floor area of a barn should be at least 125 square feet.
[3]
Enclosed roofed storage must be provided for hay, straw, feed and tack.
[4]
Rodent-proof feed containers must be provided and used.
[5]
Barns must be equipped with adequate electric lighting inside and out. The service line must be laid underground according to the International Building Code for such service.
[6]
An all-season waterline must be laid to within a minimum of 25 feet of the barn and should have a rate of flow as specified in the International Building Code.
[7]
Barns must be located in the rear area of the property.
[8]
Barns must be located no closer than 75 feet from the sides or back property line boundaries.
(c)
Disposition of manure.
[1]
Manure may not be kept in any area of the one-hundred-year floodplain nor within 100 feet of any brooks or watercourses or as required by state laws, rules and regulations, if more stringent.
[2]
Manure disposal area must be in a low-profile position, cause no nuisance, and be at least 50 feet from a property line and no closer than 200 feet to any other existing residential-purpose permanent building or structure, attached garage, swimming pool, tennis court or patio located on adjoining premises.
[3]
The manure must be collected from the barn area and maintained or disposed of in a sanitary manner. If stored, a covered enclosure or covered pit shall be provided to prevent offensive odors, fly breeding and other nuisances.
[4]
The manure shall be stored in such location that stormwater runoff shall not carry the effluent or manure off site.
(d)
Horse vans and trailers. Vehicles intended for the transportation of recreational horses, such as vans and trailers, may be maintained on the premises, provided they do not violate the provisions of any other ordinance of Branchville Borough.
(e)
Lessons and boarding. Giving rider lessons or instructions, leasing of horses or other similar activities, or boarding or housing the horse or horses of other people is not allowed under private housing of equine animals. This is not to preclude having a riding instructor come to the private residence to give lessons to members of that household.
(f)
No site plan application need be filed with the Planning Board for the private housing of the landowner's own horses or equine animals. A plan shall be submitted to the Zoning Officer and Construction Official showing the location of brooks and other watercourses, barns, fenced-in areas, manure storage areas and distances from the same to the adjacent property lines.
(g)
If the within regulations cannot be complied with, then a land occupant desiring to house equine animals shall be required to obtain a variance from the Zoning Board of Adjustment.
§ 123-10 Residential 2 District regulations.
In a Residential 2 District, no building, structure or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used in whole or in part for any purposes except the following:
A.
Permitted uses.
(1)
Any use permitted in Residential 1 District, including accessory uses therein permitted.
(2)
Conversion of dwelling into apartments, subject to the following requirements:
(a)
Separate kitchen facilities and toilet facilities shall be provided for each apartment.
(b)
Each apartment shall be arranged so that it is a separate unit having either separate exit facilities or a separate door leading to a common hall so that there is no access from one apartment directly to the other.
(c)
Each apartment shall have a minimum floor area of 500 square feet.
(d)
There shall be no enlargement of the existing dwelling.
B.
Permitted accessory uses. The same accessory uses are permitted in the Residential 2 District as are permitted in the Residential 1 Zone District.
[Added 12-5-2007 by Ord. No. 07-07]
§ 123-11 Residential 3 District regulations.
[Added 5-16-1979 by Ord. No. 2-79]
In a Residential 3 District, no building shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used in whole or in part for any use except the following:
A.
Permitted uses.
(1)
Same as R-1 Zone.
B.
Permitted accessory uses.
(1)
Same as R-1 Zone.
§ 123-12 Commercial District regulations.
A.
In a Commercial District, no building, structure or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used in whole or in part for any purpose except the following:
(1)
Permitted uses.
[Amended 5-19-2004 by Ord. No. 2-2004]
(a)
Retail stores, eating places, taverns, service establishments, banks, business and professional offices, research, houses of worship, food stores, barbershops, beauty shops and post office.
(b)
General commercial uses such as, but not limited to, building supply, lumberyards, plumbing supply, contractors' yards and shops, wholesaling, sale of farm equipment and garden equipment, sale of feed and grain, storage and warehousing facilities, sheet metal fabrication, cabinetmaking and wood-working.
(c)
Municipal buildings and municipal uses of every kind and nature, including administrative, garage and storage.
(d)
Public schools.
(e)
Parks and playgrounds.
(f)
Where the ground floor of a building is devoted to retail stores or other uses permitted under § 123-12A(1)(a) and (b), the upper floors of the building may be used for residential apartments subject to all applicable provisions of the Uniform Construction Code and subject to the following requirements:
[1]
Separate kitchen facilities and toilet facilities shall be provided for each apartment;
[2]
Each apartment shall be arranged so that it is a separate unit having either separate exist facilities or a separate door leading to a common hail so that there is no access from one apartment directly to the other.
[3]
Each apartment shall have a minimum floor area of 500 square feet.
(2)
Permitted accessory uses.
(a)
Parking facilities.
(b)
Other uses normally accessory to the permitted uses.
(c)
Signs, subject to the following:
[1]
All signs shall conform to the provisions of the supplemental sign regulations § § 123-17 and 123-18 (freestanding, attached to building or painted on building).
[2]
Only one sign with a total area on either side of not more than 30 square feet.
[3]
No signs may be erected or painted which direct attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises.
(d)
Indoor and outdoor sales.
[Added 3-19-1997 by Ord. No. 1-97]
[1]
Indoor sales. Houses of worship and other tax exempt charitable organizations as defined in the Internal Revenue Code or nonprofit corporations organized in accordance with the laws of the State of New Jersey or a recognized national service organization are permitted to hold sales indoors in this zone district at any time.
[2]
The houses of worship and the other entities listed in Subsection A(2)(d)[1] above may conduct sales outdoors within this zone district, provided that the following requirements are complied with:
[a]
The outdoor sales shall take place no more than once per season.
[b]
The outdoor sale shall not exceed seven consecutive days in duration.
[c]
A temporary sign no larger than four feet by eight feet is permitted on the property where the sale is located for a period of 14 days prior to the sale. Said sign shall be removed the day after the sale is concluded.
B.
Prohibited uses.
(1)
Service station or gas station.
(2)
Heavy manufacturing.
(3)
Manufacturing uses involving production of the following products from raw materials: asphalt, cement, charcoal and fuel briquettes and chemicals; anything of an explosive nature; coal, coke and tar products, explosives and fertilizers.
(4)
Junkyards, automobile dismantling plants or storage of used parts of automobiles or other machines or vehicles or of dismantled or junked automobiles or equipment.
(5)
Aboveground storage tanks for flammable liquids or gas exceeding 2,000 gallons.
§ 123-13 Professional and Office District regulations.
A.
In a Professional and Office Zone, no building shall be used and no part of a building shall be erected or altered which is arranged, intended or designed to be used in whole or in part for any use except the following:
(1)
Permitted uses.
(a)
General business and professional offices.
(b)
Any other use that is determined by the Zoning Board of Adjustment to be of the same general character as the above permitted use.
(c)
Municipal buildings and uses of every kind and nature, including administrative, garage and storage.
[Added 4-4-1990 by Ord. No. 1-90]
(2)
Permitted accessory uses.
(a)
Any use or structure found by the Zoning Board of Adjustment to be customarily incident and subordinate to the principal use of the land or building and located on the same lot with the principal use or building.
(b)
Private garages and parking areas shall be permitted for all vehicles used in the course of the business operated on the premises.
B.
Off-street parking requirements.
(1)
There shall be provided a minimum of two offstreet parking spaces plus one space either within a garage or in a lot for each regular employee of the office.
(2)
The builder or owner shall submit with its plans an estimate of the ultimate number of employees of the office and an estimate of the average number of visitors, customers or clients which might be expected at one time. Parking spaces must be provided for as many cars as may be reasonably expected at any one time.
C.
Signs.
(1)
Each professional office in a building shall be permitted space upon a sign, which space shall not exceed two square feet in area, subject, however, to the limitation that the sign upon which the abovementioned space is permitted shall not exceed 60 square feet in area. Such sign may be lighted. Neon lights and flashing signs are prohibited.
§ 123-14 Highway Commercial District regulations.
In a Highway Commercial District, no building shall be used and no part of a building shall be erected or altered which is arranged, intended or designed to be used in whole or in part for any use except the following:
A.
Permitted uses.
[Amended 5-16-1979 by Ord. No. 2-79]
(1)
Any use permitted in the O District.
[Amended 5-19-2004 by Ord. No. 2-2004]
(2)
Retail stores and restaurants.
(3)
Light industrial uses (activities which involve the fabrication or assembly of standardized parts as contrasted to a processing activity which would involve a physical or chemical process that would change the nature or character of the product or raw material).
(4)
Scientific or research laboratories devoted to research, design or experimentation and processing and fabrication incidental thereto.
(5)
The wholesaling of goods and services, including the warehousing or storage of goods, provided such activities and inventories are conducted entirely within an enclosed structure or are conducted in open yard areas which are adequately screened from view from adjacent lots or roads.
(6)
Where the ground floor of a building is devoted to retail stores, restaurants or general business or professional offices, or any other use that it is determined by the Zoning Board of Adjustment to be of the same general character as these uses, the upper floors of the building may be utilized for residential apartments, provided the following provisions are complied with:
[Added 5-19-2004 by Ord. No. 2-2004]
(a)
The provisions of the Uniform Construction Code.
(b)
Separate kitchen facilities and toilet facilities shall be provided for each apartment.
(c)
Each apartment shall be arranged so that it is a separate unit having either separate exit facilities or a separate door leading to a common hall so that there is no access from one apartment directly to the other.
(d)
Each apartment shall have a minimum floor area of 500 square feet.
B.
Permitted accessory uses.
(1)
Parking facilities.
(2)
Other uses normally accessory to the permitted uses.
(3)
Signs, subject to the following:
(a)
All signs (including freestanding, attached to building or painted on building) shall conform to the provisions of § § 123-17 and 123-18.
(b)
There shall be permitted 160-square-foot sign for each building. The sign may be lighted. Neon lights and flashing signs are prohibited.
(c)
No signs may be erected or painted which direct attention to a business commodity, service or entertainment conducted, sold or offered elsewhere than on the premises.
§ 123-14.1 Planned Residential Zone.
[Added 7-5-2017 by Ord. No. 06-2017]
A.
Purpose. The purpose of the PR Zone is to provide an additional housing option within the Borough to allow for a high-quality, environmentally friendly community, with market rate as well as low- and moderate-income housing. It is intended that any development that is designed and constructed in accordance with this section be done in a manner that protects the environmentally sensitive features of the area and provides an integrated open space network that connects existing and future open space and recreational assets of the Borough where possible. Furthermore, the purpose of this Zone is to seamlessly connect the affected properties (Sites A and B) with the existing community fabric of the Borough. Each site shall be governed by a comprehensive site plan for the entire site approved by the Planning Board. Each site may be developed in phases. It is also the intent of this section to bring the Borough into compliance with the judicial certification requirements associated with the Borough's affordable housing obligation and those requirements are adopted herein by reference.
B.
Lands to be included. The following tracts are hereby included within the PR Zone and are identified as follows: Site A, consisting of Block 504 Lots 7, 10 and 10.04; and Site B, consisting of Block 602 Lots 1, 7, 7.02, 9 and 10.
C.
Definitions. For the purpose of interpretation and implementation of this section, the following words and terms shall have the definitions provided. All other words and terms in this section shall have the definitions provided in § 123-7.
ADMINISTRATIVE AGENT
An individual or firm appointed by the Borough to administer the affordable housing program as required in N.J.A.C. 5:80-1 et seq., and specifically N.J.A.C. 5:80-26.14 and N.J.A.C. 5:80-26.18 as those regulations may, from time to time, be amended. The duties of the Administrative Agent are set forth in those regulations.
AFFORDABLE HOUSING OBLIGATION
The PR Zone has been designed and structured so that a realistic opportunity will exist within the Borough to meet Branchville's affordable housing obligation, as determined by the judicial certification process that governs the affordable housing issue as of the date of this section. The court order and related documents associated with the Borough's affordable housing obligation are attached to this ordinance in order to provide further clarification, as well as some of the specific provisions associated with the Borough's obligation, not actually specified in this section.[1] In addition, the term "affordable housing," as used herein, is intended to be consistent with N.J.A.C. 5:80-1 et seq. and the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq. "Affordable" means, in the case of ownership, that the sales price for the unit conforms with the standards set forth in N.J.A.C. 5:80-26.6 and, in the case of a rental unit, that the rent for the unit conforms to the standard set forth in N.J.A.C. 5:80-26-12 and as those terms and that law may be amended from time to time.
AGE-RESTRICTED HOUSING
A residence occupied by a person who is 55 years of age or older, consistent with the Federal Fair Housing Act, and provided that no children under 18 years of age are permitted to reside in the buildings so restricted.
BUFFER
A continuous area of open spaces, landscaped areas, fences, walls, berms or any combination thereof used to physically separate one use or property from another.
FAIR HOUSING ACT
The Fair Housing Act, Federal Fair Housing Amendments Act of 1988, P.L. 100-430 (September 13, 1988) and amendments thereto, including but not limited to the Housing for Older Persons Act of 1995, P.L. 104-76 (December 1995), and any judicial or administrative interpretations or decisions affecting said legislation.
FRONT OF BUILDING
For residential buildings where there is direct entrance from the exterior to each dwelling unit therein, the "building front" shall mean all exterior walls that face a public or private road or common open space. Such buildings may have two fronts and no rear. For residential buildings where there is a common entrance from the exterior to all dwelling units therein, the "building front" shall mean all exterior walls in which such common entrance is located.
GROSS DENSITY
The number of units per acre as determined by dividing the total number of dwelling units by the total acre of the tract.
INTERNAL ROADWAY
A private, traveled way or cartway providing access from an exterior public street to parking areas and/or private driveways.
SCREENING
A method of visually shielding one abutting or nearby structure or use from another by fencing, walls, berms or reasonably sized plantings.
[1]
Editor's Note: Said documents can be found in the Borough's offices.
D.
Permitted principal uses.
(1)
Single-family detached residences (Site B only), attached single-family/townhouse and/or multifamily housing, as regulated herein.
(2)
Multifamily affordable housing, restricted solely to occupancy by low- and moderate-income households, only when constructed as part of a development under Subsection D(1), pursuant to the affordable housing regulations required as part of the Borough's judicial certification.
E.
Permitted accessory uses and structures.
(1)
Signs. One sign identifying the development may be located at each entrance. A sign may have two sign faces, not to exceed 30 square feet per side. In the case of monument signs, the sign area shall be defined as the message area of the sign, not including the basic monument structure. Directional signs are permitted as needed to enhance traffic safety. Other signs shall be provided as otherwise regulated in Borough ordinances.
(2)
Recreational uses and activities, such as, but not limited to, common open spaces, walking paths, gazebos, swimming pools, putting greens and tennis courts.
(3)
Clubhouse buildings, which may include athletic and recreational facilities, meeting rooms, club rooms and other facilities for social activities, homeowners' association offices, a wellness center, mailboxes, maintenance and equipment storage and ancillary kitchen facilities.
(4)
Private and shared garages and off-street parking for private vehicles.
(5)
Fences and walls, as permitted and regulated by Borough ordinances.
(6)
Administration or management offices, gatehouses, maintenance, storage and utility buildings.
F.
General area, bulk and yard requirements. These requirements shall apply to the entire tract, inclusive of any property that may, as part of a development application, be subdivided from the original lot to be dedicated to the Borough or used for affordable housing. The general requirements shall be as follows:
(1)
Minimum tract size: Site A, nine acres; Site B, 12 acres; for individual lots: single-family detached residences, 5,000 square feet; townhouses, 2,000 square feet. In addition, the following minimum dimensional requirements shall apply:
Item | Single-family Detached | Townhouse |
|---|---|---|
Lot width | 50 feet | 25 feet |
Lot depth | 100 feet | 70 feet |
Front yard setback | 25 feet | 15 feet |
Rear yard setback | 30 feet | 15 feet |
Side yard setback | 6 feet | None |
Building coverage | 60% | 65% |
Total lot coverage | 80% | 85% |
(a)
Minimum building setbacks from external lot lines: 50 feet.
(b)
Maximum number of dwelling units in the PR Zone: Site A, 85 dwelling units (including affordable units); Site B, 95 dwelling units (including affordable units). Note the actual number of units allowed will be determined by the site constraints and acceptable design standards. Furthermore, any existing structures may be redesigned to accommodate additional units, but those units will be counted as part of the total number of units allowed on each site.
(c)
Maximum allowable site disturbance for buildings and parking areas: 75%, pursuant to other Borough requirements if applicable.
(2)
The total number of units permitted within Sites A and B must not only meet the density requirements of the Zone, but also the density limitations imposed by the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21).
G.
Specific area, bulk and yard requirements. These requirements shall apply to Site A as follows:
(1)
Minimum number of affordable units: 20.
(2)
Maximum gross density: 10 units per acre.
(3)
Maximum building coverage: 35% of total tract area.
(4)
Maximum total impervious coverage, including building coverage: 65% of total tract area.
(5)
Minimum common open space: 25% of tract area.
(6)
Minimum distance between buildings: Not less than 1 1/2 times the proposed maximum building height.
(7)
Maximum building length: 250 feet.
(8)
Minimum distance from buildings to internal roadway: 25 feet.
(9)
Minimum distance to common parking area: 10 feet (except where parking is provided beneath building).
(10)
Maximum building height: 2 1/2 stories or 35 feet; three stories are permitted where the topographic conditions allow for a building design that incorporates the change in grade.
(11)
Minimum horizontal breaks in building facade: one break that varies the setback by a minimum of four feet for every 50 feet of building length. A break may consist of a balcony, patio, porch, deck or overhang.
(12)
Rooflines must be varied in order to reduce the visual mass of the building.
(13)
Maximum number of dwelling units per structure: 10.
H.
Specific area, bulk and yard requirements. These requirements shall apply to Site B as follows:
(1)
Maximum number of affordable units: 22.
(2)
Minimum number of single-family detached units: 10.
(3)
To the greatest extent possible, the site plan for Site B shall locate the required new single-family detached units adjacent to the off-site existing single-family detached units bordering Site B.
(4)
Maximum density: 10 units per acre.
(5)
Maximum building coverage: 30% of total tract.
(6)
Maximum total impervious coverage, including building coverage: 55% of total tract area.
(7)
Minimum common open space: 25% of total tract area.
(8)
Minimum distance between buildings: Not less than 1 1/2 times the proposed maximum building height.
(9)
Maximum building length: 250 feet.
(10)
Minimum distance from buildings to internal roadway: 25 feet.
(11)
Minimum distance to common parking area: 10 feet (except where parking is provided beneath building).
(12)
Maximum building height: 2 1/2 stories or 35 feet; three stories are permitted where the topographic conditions allow for a building design that incorporates the change in grade.
(13)
Minimum horizontal breaks in building facade: one break that varies the setback by a minimum of four feet for every 50 feet of building length. A break may consist of a balcony, patio, porch, deck or overhang.
(14)
Rooflines must be varied in order to reduce the visual mass of the building.
(15)
Maximum number of dwelling units per structure: 10.
I.
Requirements for low- and moderate-income housing:
(1)
The low- and moderate-income housing units may be subdivided from the original tract and built on a separate lot.
(2)
The building design for the low- and moderate-income units must be similar in style and character to the building design for the market rate units.
(3)
The low- and moderate-income housing units may be constructed with access to a private road only, without frontage on a public road or right-of-way.
(4)
The Borough of Branchville Administrative Agent shall determine the income qualifications of potential residents. However, the developer shall monitor the same and provide the income qualifications of potential residents to the Branchville Administrative Agent, in accordance with N.J.A.C. 5:80-1 et seq. and, specifically, N.J.A.C. 5:80-26.18, as the same may be amended from time to time. All administrative costs associated with determining the income qualifications of potential residents and the monitoring of same, plus any reporting requirements, shall be the sole responsibility of the developer.
(5)
If the low- and moderate-income housing units are built on a separate lot, the bulk requirements for these units shall be as follows:
(a)
Maximum building coverage: 40% of total lot area.
(b)
Maximum total impervious coverage, including building coverage: 60% of total lot area.
(c)
Minimum common open space: 40% of total lot area.
(d)
Maximum building height: three stories or 45 feet.
(e)
Minimum building setbacks from external lot lines: 50 feet.
(f)
Maximum building length: 250 feet.
(g)
Minimum horizontal breaks in building facade: one break that varies the setback by a minimum of four feet for every 50 feet of building length. A break may consist of a balcony, patio, porch, deck or overhang.
(h)
Rooflines must be varied in order to reduce the scale of the building.
(i)
Minimum distance between buildings: Not less than 1 1/2 times the proposed maximum building height.
(j)
Minimum distance from buildings to internal roadway: 25 feet.
(k)
Minimum distance to common parking area: 10 feet (except where parking is provided beneath building).
J.
General exceptions. Extensions into the required separations between buildings, and setbacks from buildings to streets, parking areas and external lines shall be permitted as follows:
(1)
By eaves with an overhang of not more than two feet.
(2)
By rainwater leaders, windowsills, chimneys and other such fixtures.
(3)
By bay windows not more than 12 feet wide and for a depth not to exceed three feet.
(4)
By an open porch or steps leading into the building, which shall not have any sidewall or other enclosure and may have a fixed roof, canopy or other covering, limited to the dimensions of said porch.
(5)
By a patio, provided that the surface shall be not more than 18 inches above the ground level and that the improved area shall be without walls and railings, and shall be without a roof, canopy or other fixed covering.
(6)
By cantilevered balconies.
K.
Accessory structure requirements.
(1)
Except for fences and retaining walls, accessory buildings and structures shall meet the property line setbacks of principal buildings.
(2)
Minimum accessory building setback to residential buildings: 25 feet.
(3)
Minimum accessory building setback to another accessory building: 15 feet.
(4)
Minimum setback of swimming pools, tennis courts and other surfaced recreation facilities to external property lines: 50 feet.
(5)
Maximum height (other than clubhouse): 20 feet.
(6)
Clubhouse buildings shall be set back from all internal roadways by at least 25 feet. Parking areas for clubhouse buildings shall be set back at least 10 feet from the building. The maximum height of clubhouse buildings shall be 45 feet.
L.
Occupancy restrictions.
(1)
Any housing within the age-restricted portion of the PR Zone is subject to an age restriction whereby each market-rate unit shall be occupied by at least one person 55 years of age or older.
(2)
In accordance with the exemption under the Fair Housing Act, no permanent resident shall be under the age of 18.
(3)
The foregoing occupancy restriction is intended to qualify all housing within the district as "55 or Over Housing" under the "Housing for Older Persons Act" exemption of the Fair Housing Act.
(4)
This restriction shall not apply to resident employees, such as a manager or superintendent, or to any affordable units provided within the project.
(5)
The foregoing occupancy restriction shall be set forth in a master deed or other recorded instrument applicable to all of the dwellings in the development. The master deed or other recorded instrument shall contain procedures governing the sale, transfer and rental of units within the district so that the developer and homeowners' association can enforce the occupancy restrictions set forth herein. The master deed or other recorded instrument may be recorded on a phased basis as long as the above occupancy restriction applies to every dwelling within the phase. The above occupancy restriction also shall be set forth or referred to in every deed conveyance to an individual dwelling unit in the development.
M.
Common open space implementation requirements.
(1)
Open space areas shall be preserved by permanent deed restriction for active or passive recreation space. All or part of this open space area may, at the discretion of the developer, be dedicated to the Borough or maintained as a common open space. The Borough is under no obligation to accept such dedication, if offered.
(2)
Active recreation space shall be improved with facilities, buildings and structures for indoor and outdoor recreational activities consistent with the residential character of the development and the lifestyle needs of the residents therein.
(3)
All active open space shall be connected to residential areas with walkways or other reasonable means of access.
N.
Environmentally constrained areas.
(1)
No environmentally constrained area shall contain any structures or impervious surfaces, nor shall any land disturbance be permitted, except that structures and impervious surfaces may be constructed and land may be disturbed within environmentally constrained areas to the extent provided for in the following table.
Constraint Category | Permitted Land Disturbance within Constraint Area as Percentage of Total Land Disturbance on Lot | |
|---|---|---|
Steep slopes | ||
15% to 20% | 30% | |
Greater than 20% to 25% | 15% | |
Greater than 25% | 5% | |
Wetlands/transition areas | As regulated by NJDEP | |
Floodplains, rock outcrops, high groundwater and shallow bedrock | Any proposed disturbance of lands containing these constraint categories shall be required to demonstrate engineering feasibility | |
Riparian buffers, floodplains or any USGS-identified streams | As regulated by N.J.A.C. 7:8, Stormwater Management Rules, except no additional fill shall be placed within a floodplain | |
(2)
Man-made steep slopes, such as those associated with rights-of-way and culverts, are exempt from the disturbance limitations.
O.
Roads and circulation.
(1)
The development of Sites A and B shall be achieved by an internal access road, which may, at the Borough's discretion, be of a boulevard design and which shall connect with a public road. The internal road may remain as a private road - constructed to Borough standards - or may be dedicated to the Borough, at the Borough's discretion.
(2)
Not all units within Sites A and B shall be required to be serviced by the internal access road. Where frontage exists on a public road, lots and/or buildings may have direct access to that road, subject to accepted access design standards and traffic safety considerations.
P.
General design standards.
(1)
Buffers shall be provided and maintained, inclusive of the required side and/or rear yard, of not less than 50 feet from all external lot lines of both Sites A and B. The buffer area shall, to the extent possible, be kept in its natural state where wooded. Where natural vegetation is sparse or nonexistent, the area shall be supplemented and planted to provide a year-round natural vegetative screen. The required buffer area shall be included for the purpose of computing compliance with the common open space requirements and yard setback requirements of this chapter. Only the following uses shall be permitted in a buffer area, and the disturbance created by same shall be held to a minimum:
(a)
Detention and stormwater management basins.
(b)
Underground utilities.
(c)
Walkways, trails and bicycle paths.
(d)
Roadways.
(e)
Fences and retaining walls, where needed.
(f)
Gatehouse.
(2)
Landscaping shall be provided throughout Sites A and B to provide a natural setting for building structures and recreational facilities. All islands or unpaved areas within a street shall be landscaped. Existing vegetation will be retained and maintained to the greatest extent possible. Indigenous vegetation shall be chosen for its weather-tolerant and decorative qualities, as well as its ability to support native wildlife.
(3)
Walkways shall be provided between residential buildings and common parking areas and around the site. Walkways shall have a minimum width of four feet and shall meet ADA grade requirements when required.
(4)
No natural vegetation shall be disturbed except as approved by the Planning Board pursuant to a site plan application. The site plan shall indicate the maximum area of clearing and the natural areas to be maintained.
(5)
Adequate lighting fixtures for walks, steps, parking areas, driveways, streets and other facilities shall be provided at locations to provide for the safe and convenient use of the same. Fixtures shall be situated and designated in keeping with the character of the area and shall be adequately shielded to screen windows of dwelling units, both off and on the site, from direct and indirect light. No flashing, intermittent, moving light shall be permitted.
(6)
Air-conditioning units and other HVAC equipment shall be screened and insulated for aesthetic and acoustical purposes.
Q.
Circulation and parking standards.
(1)
All public streets, internal roadways and private driveways shall be designed and constructed in accordance with the requirements of the New Jersey Residential Site Improvement Standards. Private driveways shall be designed and constructed in accordance with the applicable sections of the Branchville Borough Land Development Standards.
(2)
A gatehouse may be located at the entrance to a development, at the discretion of the Planning Board.
(3)
Residential off-street parking requirements shall be provided in accordance with the Branchville Borough Ordinances and the New Jersey Residential Site Improvement Standards. Furthermore, all parking areas shall be designed and constructed in accordance with the applicable sections of the Branchville Borough Ordinances.
(4)
Required off-street parking for residents and visitors may be provided via a combination of the following: in private driveways and garages and common garages under residential buildings or in surface parking lots. No on-street parking may be used to fulfill the off-street parking requirement.
(5)
Said parking shall be landscaped, lighted and conveniently located within 150 feet of the housing to be served with the exception of visitor parking.
R.
NJDCA regulations. The ownership, homeowners' association and maintenance requirements of any projects within the PR Zone shall be in accordance with the regulations of the New Jersey Department of Community Affairs.
S.
Affordable housing obligation. In accordance with the housing element of the Borough's Master Plan and the corresponding judicial certification provisions, the development of both Sites A and B have associated with them the obligation to provide affordable housing as provided for in this section and in the Borough's judicial certification.
T.
Other municipal ordinances. Unless otherwise stated herein, any development in the PR Zone shall be subject to all applicable ordinances of the Borough of Branchville. Where there is any conflict between the provisions of this section and the provisions of the Site Plan Ordinance and/or the Land Subdivision Ordinance, the provisions of this section shall prevail.
U.
Required studies/reports. Any application for development involving Sites A and B, unless waived by the Planning Board, shall include the following:
(1)
Environmental impact statement.
(2)
Fiscal impact analysis.
[Amended 10-6-2021 by Ord. No. 07-2021]
(3)
Traffic study.
(4)
Stormwater plan.
(5)
Affordable housing implementation program.
