Burlington Township
City Zoning Code
City Zoning Code
ARTICLE VII
Zoning Districts
§ 330-30 Establishment of zones.
[Amended 1-12-2010 by Ord. No. 10-OR-002; 4-9-2019 by Ord. No. 2019-OR-012; 8-24-2021 by Ord. No. 2021-OR-024]
R-40 | Low Density Residential |
R-20 | Medium Density Residential |
R-12 | Medium Density Residential |
R-7.5 | High Density Residential |
R-MFA | Multifamily Affordable Residential |
R-MFA-II | Multifamily Affordable Residential II |
B-1 | Regional Business |
B-2 | Highway-Business |
B-3 | Neighborhood Business |
BLI-1 | Business Light Industrial Zone |
BLI-2 | Business Light Industrial Zone |
I-1 | Industry-Light |
I-2 | Industry-Heavy |
I-3 | Industry-Special |
CCRC | Continuing Care Retirement Community Zone |
§ 330-31 Zoning Map.
The Map of the Township of Burlington showing zoned district boundaries which is on file in the Office of the Township Engineer is hereby declared to be the Zoning Map for the Township of Burlington.
§ 330-32 Zoning boundaries.
Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the following rules shall apply:
A.
Center line. Where district boundaries are indicated as approximately following the center line or street lines of streets, the center line or alley line of alleys, or the center line or right-of-way line of highways, such lines shall be construed to be such district boundaries.
B.
Parallel lines. Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets, the center lines or alley lines of alleys, or the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel hereto and at such distance therefrom as indicated on the Zoning Map. If no distance is given, such dimension shall be determined by the use of the scale shown on said Zoning Map.
C.
Lot lines. Where district boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be said boundaries.
D.
Railroad lines. Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located midway between the main tracks of said railroad line.
E.
Streams. Where the boundary of a district follows a stream, lake or other body of water, said boundary line shall be construed to be at the limit of the jurisdiction of the Township of Burlington unless otherwise indicated.
F.
Corporate lines. All areas which are within the corporate limits of the Township which are under water and are not shown as included within any district which immediately adjoins the water areas shall be construed to be included within the zone district adjoining said area. If the water area adjoins two or more districts, the boundaries of each district shall be construed to extend into the water area in a straight line until they meet the other district.
[Amended 9-23-2008 by Ord. No. 08-OR-025]
G.
Excluded property. In every case where property has not been specifically included within a district or where territory has become a part of the Township by annexation, the same shall automatically be classed as lying and being in the R-40 Zone until such classification shall have been changed by an amendment to the Zoning Ordinance, as provided by law.
H.
Vacation. Whenever any street, alley or other public way is vacated in the manner authorized by law, the zoning district on each side of such street, alley or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all regulations of the extended districts.
§ 330-33 Schedule of Yard, Area and Bulk Requirements adopted. [1]
The schedule of regulations entitled "Schedule of Yard, Area and Bulk Requirements, Township of Burlington," applying to the uses of land and buildings, the yards and other open spaces to be provided contiguous thereto and all other matters contained therein as indicated for the various zones established by this chapter, is hereby declared to be part of this chapter. The regulations listed for each zone as designated are hereby prescribed for such zones, subject to the other provisions in this chapter, and shall be deemed to be the minimum requirements in every instance of their application.
[1]
Editor's Note: The Schedules of Yard, Area and Bulk Requirements for residential, business and industrial districts are included at the end of this chapter.
§ 330-34 Regulations applicable to all zones.
[Amended 5-9-2006 by Ord. No. 06-OR-013; 6-27-2006 by Ord. No. 06-OR-023; 9-25-2007 by Ord. No. 07-OR-027; 3-24-2009 by Ord. No. 09-OR-001; 8-10-2010 by Ord. No. 10-OR-025; 11-14-2017 by Ord. No. 17-OR-030; 12-10-2019 by Ord. No. 2019-OR-039; 5-25-2021 by Ord. No. 2021-OR-012; 8-8-2023 by Ord. No. 2023-OR-029; 3-11-2025 by Ord. No. 2025-OR-003]
Except as hereinafter provided, the following general regulations shall apply to all zones.
A.
General. No building shall hereafter be erected and no existing building shall be moved, structurally altered, rebuilt, added to or enlarged, nor shall any land be used for any purpose other than those included among the uses listed as permitted uses in each zone by this chapter and meeting the requirements set forth in § 330-33, Schedule of Permitted Uses, Yard, Area and Bulk Requirements. Nor shall any open space contiguous to any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area, building location, percentage of lot coverage, off-street parking space, and all other regulations designated in the schedule and this chapter for the zone district in which such building or space is located. In the event of any such unlawful encroachment or reduction, such building or use shall be deemed to be in violation of this chapter and all other permits shall become void.
B.
Nonconforming residential structures. An existing nonconforming residential structure may be expanded within the existing side setbacks by a factor not to exceed 30% of the square footage of the footprint of the existing structure, provided that front and rear setback and building/lot coverage for the zone are met.
C.
Frontage on public street. Every principal building shall be upon a lot with frontage on a public street which has been improved to meet Township standards or for which such improvement has been ensured by the posting of a performance guarantee pursuant to the provisions of this chapter.
D.
Principal building. No residential lot shall have erected upon it more than one principal building, and no yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other building.
E.
Yards. All yards facing on a public street shall be considered front yards and shall conform to the minimum front yard requirement for the zone in which they are located.
F.
Swimming pools. In R-40 and R-20 Zones, a swimming pool shall not be located any nearer than 15 feet to any rear or side yard property line. In an R-12 Zone, a swimming pool shall not be nearer than 10 feet to a side property line or eight feet to a rear property line. In an R-7.5 Zone, a swimming pool shall not be nearer than eight feet to a side or rear property line. In all developments constructed under § 330-71I, Planned residential options, a swimming pool shall not be nearer than eight feet to a side or rear property line. Distances for above setbacks shall be measured from the decking to the property line. Decking is any impervious surface such as, but not limited to, concrete or paving. Pools may not be located in a required buffer and/or easement. No swimming pool may be located in a front yard in any zone.
G.
Artificial lights. No artificial lights shall be used by any building or premises which because of intensity, location, color or any other factor disturb the comfort, health or safety of those residing, working or using public or private property, including streets within the range of said lights.
H.
Conflict with Master Plan or Official Map. Where a building lot has frontage upon a street which on the Master Plan or Official Map of the Township of Burlington is proposed for right-of-way widening, the required front yard area shall be measured from such proposed right-of-way line.
I.
Accessory structures.
(1)
No accessory structure shall be closer to any principal building than the distance equal to the height of such accessory structure unless it is attached to and is part of such principal building.
(2)
No accessory structure shall exceed a height of 12 feet.
(3)
No accessory structure shall be located in a required front yard or closer to a lot line than five feet, except that, if a lot is not a corner lot but nevertheless has two or more front yards, the front of the building situate on said lot shall be designated and accessory structures shall only be prohibited between the front building line and the public street. In designating the front of the building, primary consideration shall be given to the location of the front door or principal entrance to the building. Any accessory structure located on a lot having two front yards shall in all respects comply with all of the other requirements of Subsection J.
(4)
No accessory building shall be used for residence purposes except for a chauffeur or gardener, or for housing servants of the family, and where there are more than two living rooms for living therein, such building shall be at least 25 feet distant from any lot line.[1]
(5)
Detached garages.
(a)
Detached garages shall be permitted as an accessory use to one-family detached dwellings and shall have a minimum setback of 10 feet from any property line on lots less than one acre. On lots one acre or larger, the minimum setback shall be 15 feet. All detached garages shall have a minimum eight-foot-wide driveway consisting of crushed stone or concrete, asphalt or concrete extending from the structure to the street, or as may otherwise be approved by the Township Engineer. A grading plan, prepared by a licensed professional engineer or registered architect, shall be provided for both the structure and the driveway. The Township Engineer may also require submission of a drainage analysis.
(b)
The maximum height of any detached garage shall not exceed 25 feet.
(c)
The maximum permitted size (footprint) of a detached garage shall be:
[1]
500 square feet on lots less than one-quarter acre.
[2]
750 square feet on lots ¼ acre or greater but less than one-half acre.
[3]
1,000 square feet on lots one-half acre or greater but less than one acre.
[4]
1,500 square feet on lots of one to three acres.
[5]
2,500 square feet on lots greater than three acres.
J.
Minimum floor area. All dwelling units, regardless of type or location, shall have a minimum floor area with a ceiling height of not less than seven feet in accordance with the following:
(1)
The minimum gross floor area of an efficiency dwelling shall be 450 square feet.
(2)
The minimum gross floor area of a one-bedroom dwelling shall be 600 square feet.
(3)
The minimum gross floor area of a two-bedroom dwelling shall be 750 square feet.
(4)
The minimum gross floor area of a three-bedroom dwelling shall be 900 square feet.
(5)
The minimum gross floor area of a four-bedroom dwelling shall be 1,050 square feet.
K.
Prohibited uses. Any use not specifically permitted in a zone established by this chapter is hereby specifically prohibited from that zone, and the following uses and activities are specifically prohibited in any zone of the Township of Burlington:
(1)
Any use of the building or premises in such manner that the health, safety or welfare of the community may be endangered is prohibited. The only structures or improvements that are permitted uses within a street right-of-way shall be those improvements permitted in Article XI of this chapter or as approved by the Zoning Officer. These would include roadways, mailboxes, utility poles, traffic signage, driveways, aprons and sidewalks.
(2)
Any use which emits excessive and objectionable amounts of dust, fumes, noise, odor, smoke, vibrations, glare or waste products.
(4)
Any trade, industry or purpose that is noxious or offensive by reason of the emission of odor, dust, smoke, gas or noise. The standards of the Air Pollution Control Commission of New Jersey shall be the enforcement standard for this provision.
(5)
Residential structures without permanent connection to utilities.
(6)
Outdoor storage or display of new or used motor vehicles or trailer coaches, or any other motor vehicles, goods for sale or storage at point of sale, or in transit, except in conjunction with authorized dealers.
(7)
Junkyards, automobile wrecking or disassembly yards, the sorting or bailing of scrap metal, paper rags, or other scrap or waste material.
(8)
Distribution of obscene materials.
(a)
Erection, alteration or use of a building for the purpose of sale or distribution of obscene materials. No building may be erected, altered or used, and no lot or premises may be used, for any use prohibited by the N.J.S.A. 2C:34-2 or 2C:34-3. In determining whether a proposed use is detrimental to the health, safety or general welfare of the surrounding area, the following standards shall apply. The proposed operation shall not:
[1]
Be used for the sale or distribution of obscene materials to a person 18 years of age or older as set forth in N.J.S.A. 2C:34-2.
[2]
Be used for the sale of obscene material to any person under 18 years of age as set forth in N.J.S.A. 2C:34-3.
[3]
Be used for the exhibiting of any obscene film or other material to any person under 18 years of age as set forth in N.J.S.A. 2C:34-3.
(b)
For the purposes of this chapter, those activities defined as "obscene material" and prohibited by N.J.S.A. 2C:34-2 or N.J.S.A. 2C:34-3 are hereby deemed to be prohibited activities, and likewise for the purpose of this chapter, the definition of "obscene material" herein shall be that definition set forth in N.J.S.A. 2C:34-2 for the sale or distribution of obscene material to a person 18 years of age or older and N.J.S.A. 2C:34-3 for the sale, distribution or exhibition of obscene material to a person under the age of 18 years.
(11)
All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in N.J.S.A. 24:6I-33, but not the delivery of cannabis items and related supplies by a delivery service.
L.
General modifications. The following modifications to the requirements of this chapter are permitted under the terms and specifications herein stated.
(1)
Height. The height limitations of this chapter shall not apply to church spires, belfries or cupolas nor to chimneys, ventilators, skylights, television and radio antennas, water tanks, bulkheads, similar features and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve. The provisions of this chapter shall not apply to prevent the erection above the building height limit of a parapet wall or cornice or ornament (and without windows) extending above such height limit no more than five feet. Public and quasi-public buildings, industrial and manufacturing plants, schools, churches and other similar permitted uses may exceed the height limitations of this chapter, provided that such uses shall increase the front, rear and side yards one foot for each foot by which such building exceeds the height limit herein established for such zone in which it is located. In addition, any new or substantially modified principal residential structure may be elevated up to three feet higher than the height limitation in the zone in which it is located in order to comply with Chapter 282 of the Township Code.
(2)
Projections. Chimneys, cornices or eaves may project into any front, side or rear yard not more than 24 inches. An open or lattice-enclosed fire escape or a fireproof outside stairway may project into any yard not more than 25% of the distance from the building wall to the lot line. There shall be no other projection into yards of more than four feet. Under no circumstances shall any projection be closer to any lot line than eight feet in any residential zone.
(3)
Undersized lots of record.
(a)
Single ownership. Subject to the provisions of Subsection M(3)(c) herein, any parcel of land with an area or width less than that prescribed for a lot in the zone in which such lot is located, which parcel was under one ownership at the date of the adoption of this chapter, and the owner thereof owns no adjoining land, may be used as a lot for any purpose permitted in the zone, provided that the minimum side yard area for any building shall be no less than four feet, and further provided that all other regulations prescribed for the district of this chapter are complied with.
(b)
Prior subdivisions. Subject to the provisions of Subsection M(3)(c) herein, lots which are not of the required minimum area may be used for any purpose permitted in the zone in which they are located. If such lots were included in a subdivision plat which was either granted final approval under the Municipal Planning Act or the Municipal Land Use Law prior to the effective date of this chapter or which subdivision was granted preliminary approval pursuant to said Act within three years before the effective date of this chapter, and provided further that the final subdivision plat in either instance shall have been duly recorded in the Office of the County Clerk within the time prescribed by law.
(c)
Special approvals. No person, firm or corporation shall make use of the rights granted under Subsection M(3)(a) and (b) above unless and until he shall obtain the approval of the Zoning Board of Adjustment or the Planning Board. The Board shall grant a developer the right to finish any subdivision or lot under the rights granted within Subsection M(3)(a) and (b) above where the Board shall determine that, by reason of the exceptional narrowness, shallowness, or shape of a specific piece of property or by reason of other exceptional topographical conditions or by reason of other extraordinary and exceptional situation and condition of such piece of property, the strict application of any regulation enacted under this chapter would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property.
(4)
Patio and unroofed porch/deck. A patio and/or unroofed porch/deck may extend into the side and rear yards to a point not less than 10 feet from the lot line. Where the principal residential dwelling is located within 10 feet of a side yard lot line, a patio and/or unroofed porch/deck may be extended to the end of the dwelling unit; however, in the case of a patio the Zoning Officer may require submission of a grading and/or drainage plan to address any potential adverse impacts caused by stormwater flowing onto an adjoining lot.
M.
Municipal buildings, parks, playgrounds and other governmental uses. These uses may be permitted in any zone where deemed necessary and approved by the governing body and reviewed by the Planning Board.
N.
Performance standards. The following performance standards shall be observed by all uses in all zones within the Township of Burlington unless a higher level of government imposes a more restrictive standard, in which event said more restrictive standard shall apply.
(2)
Storage.
(a)
No highly flammable or explosive liquids, solids or gases shall be stored in bulk above ground, with the exception of tanks or drums of fuel directly connecting with energy devices, heating devices or appliances located on the same lot as the tanks or drums of fuel.
(b)
All outdoor storage facilities for fuel, raw materials and products, and all raw materials and products stored outdoors shall be enclosed by a fence adequate to conceal the facilities from the adjacent properties.
(c)
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or which may destroy aquatic life be allowed to enter any stream or watercourse.
(d)
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers which are adequate to eliminate such hazards.
(3)
Smoke control.
(4)
Control of dust and dirt, fumes, vapors and gases.
(a)
The emission of dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to human health, to animals or vegetation or to other forms or property, or which can cause any soiling or staining of persons or property at any point beyond the lot line of the use creating the emission, is herewith prohibited.
(b)
No emission of liquid or solid particles from any chimney or otherwise shall exceed 0.3 grains per cubic foot of the covering gas at any point beyond the lot line of the use creating the emission. For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of 500° F. and 50% excess air in stack at full load.
(c)
There shall be no emission of sulfur dioxide.
(5)
Noise control. The sound pressure level of any use (not including ambient noises not under control of the operator of the use) shall not exceed, at any point on the boundary of an industrial district, the decibel levels [Decibels: 10 log (P1/P2) where P2 is the reference quality of 002 dyne/cm2. Sound pressure level to be measured according to the specifications published by the American Standard Association.] in the designed octave bank shown below, except for emergency alarm signals, and subject to the following corrections:
(a)
Subtract five decibels for pulsating or periodic noises.
(b)
Add five decibels for noise sources operating for less than 20% of any one-hour period.
Octave Band (cycles per second) | Along Residence District Boundaries (decibels) | Along Business District Boundaries (decibels) |
|---|---|---|
0 to 75 | 72 | 79 |
75 to 150 | 67 | 74 |
150 to 300 | 59 | 66 |
300 to 600 | 52 | 59 |
600 to 1,200 | 46 | 53 |
1,200 to 2,400 | 40 | 47 |
2,400 to 4,800 | 34 | 41 |
Over 4,800 | 32 | 39 |
(6)
Control of odors. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond the lot boundary line within which the operation is situated. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system in order that control will be maintained if the primary safeguard system should fail. There is hereby established, as a guide in determining such quantities of offensive odors, Table III, Odor Thresholds, in Chapter 5, "Air Pollution Abatement Manual," copyright 1951 by Manufacturing Chemists Association, Inc., Washington, D. C. Where more than one authority is cited, the numerical average value of all authorities listed may be used.
(7)
Light and heat. No direct or reflected light or heat from any source within an industrial district, and no light or heat from any source and reflected light from an industrial district, shall be detectable beyond the boundaries of the industrial district if the light or heat is or may become an annoyance or interference with the comfort or general well-being of the inhabitants of other districts adjacent to the industrial district; this requirement shall be considered to have been met if adequate buffer strips exist or have been planted. All sources of lights in industrial districts will be provided with opaque shades above them so that light from these sources will not shine directly or diagonally upward but so that the light will be dispersed horizontally and downward for the purpose of minimizing reflected light from the clouds and dust particles in the air during the night; this opaque shade requirement will also apply to industrial operations, such as furnaces, cutting torches, etc., which produce light incidentally in the function of their primary purpose which may be other than that of providing light.
(8)
Vibration control. Machines or operations which cause vibration shall be permitted, but in no case shall any such vibration be perceptible outside of the limits of the lots.
(9)
Radiation or electrical emission, radioactivity or electrical disturbance. No activities shall be permitted which emit dangerous radioactivity beyond enclosed areas. No electrical disturbances (except from domestic household appliances) shall be permitted to affect adversely, at any point, any equipment other than that of the creator of such disturbance.
(10)
Electrical, diesel, gas or other power. Every use requiring power shall be so operated that any service lines, substation, etc., shall conform to the highest applicable safety requirements, shall be constructed, installed, etc., so that they will be an integral part of the architectural features of the plant or, if visible from abutting residential properties, shall be concealed by evergreen planting or screening with architectural materials common to the building(s).
O.
Fence and walls.
(1)
Permit required. No fence, wall, fence-like or wall-like structure shall be erected without first obtaining a permit from the Zoning Officer, except that no permit shall be required for any fence, wall, fence-like or wall-like structure constructed by the Township Council or any of the Township's boards, authorities, commissions or agencies. The fee for said permit shall be $50.
(2)
Height regulations.
(a)
Height regulation: sight triangles. Within a sight triangle formed by an intersection of streets and street and driveways (as shown in the Burlington Township Standard Detail Drawings), no fence, wall, hedge or any other obstruction to vision which is higher than 24 inches above the street center line (except for street name signs and official traffic regulation signs) shall be permitted. In the event that state or county regulations impose greater requirements where frontage is upon a state or county road, such greater requirement shall prevail.
(b)
Height regulations for residential zones and uses. Any fence or wall hereafter erected, altered or reconstructed in any residential zone or on lots in any other zones on which residential buildings are erected shall not exceed six feet in height above the adjacent ground level and shall comply with the height, location and type requirements shown in the Burlington Township Standard Details for residential fencing.
(c)
Height regulation for business zones. No fence or wall hereafter erected, altered or reconstructed in Business Zones (B-1, B-2, B-3 and BLI) shall exceed a height of eight feet above ground level.
(d)
Height regulation for industrial zones. No fence or wall hereafter erected, altered or reconstructed in Industrial Zones (I-1, I-2 and I-3) shall exceed a height of 10 feet above ground level.
(e)
Exception. The foregoing restrictions shall not be applied so as to prevent the erection of an open wire fence not exceeding 15 feet in height above ground level anywhere within a public park, public playground or public school properties. These restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth, provided that such wall does not exceed such height's adjacent grade.
(3)
Fencing material regulations. The following fences and fencing materials are specifically prohibited: barbed-wire fences, razor-wire fences, sharp-pointed fences, canvas, cloth, electrically-charged fences, poultry netting, temporary fences, such as snow fences, expandable fences and collapsible fences on any lot which is devoted primarily to residential purposes.
(4)
Fences shall be constructed of similar material and design and shall be installed with posts and horizontal members facing into the property being enclosed.
(5)
Maintenance standards. Every fence or wall shall be maintained in a safe, sound, upright condition and in accordance with the approval plan on file with the Zoning Officer.
(6)
Location regulations.
(a)
All fences or walls must be erected within the property lines, and no fences or walls shall be erected so as to encroach upon a public right-of-way.
(b)
No fence or wall shall be located upon or encroach upon any municipal or other public easement unless the Township Engineer and the Director of the Department of Public Works shall first determine that the proposed fence or wall will not substantially interfere with the purposes and/or maintenance of said easement and shall, in writing, approve the required fence permit. Any fence or wall erected within the boundaries of any public easement shall be subject to partial or total removal by the public entity which controls the easement upon a showing that such removal is required for maintenance of the easement or that the fence or wall, due to changed conditions, substantially interferes with the purposes of said easement.
(c)
No fence or wall shall be partially or completely removed from a public easement unless the owner of the same shall have been given due notice and an opportunity to be heard.
(d)
Any fence permit issued for a fence or wall to be located in a public easement shall refer to and be conditioned upon Subsection O(6)(b) and (c) as set forth above and shall state clearly and prominently that the fence or wall may be subject to partial or complete removal by the public entity controlling the easement as set forth above.
(7)
Maintenance enforcement. If the Zoning Officer, upon inspection, determines that any fence or wall or portion of any fence or wall is not being maintained in a safe sound upright condition, he shall notify the owner of such fence in writing of his findings and state briefly the reasons for such findings and order such fence or wall or portion of such fence or wall repaired or removed within 10 days of the date of the written notice. Each day the person fails to obey the order referred to above shall constitute a separate violation of this chapter.
(8)
Corner lots. Fences may not be erected in a front yard on a single corner lot except as described in this section. For purposes of this section only, a front yard is that area in front of the projected front building line as determined by the location of the front door or principal entrance to the building. The area on the side of the dwelling along an existing street without an entrance shall become classified for this section only as a side yard. Maximum height of a fence on a double corner lot and in the side yard mentioned above shall be four feet. No fence may be erected within a required sight triangle.
(9)
Fences in front yards. Nothing heretofore withstanding, no fence shall be constructed in front of a front building line in a residential district or on a lot used for residential purposes in any other zone which is greater in height than four feet.
(10)
Fences around swimming pools. All other provisions contained within this chapter notwithstanding, all swimming pools located within the Township shall be enclosed by a fence or other permanent barrier not less than four feet in height and not more than six feet in height.
(11)
Zero-lot-line properties. No fence or wall shall be erected so as to encroach upon the five-foot-wide maintenance easement for the adjacent property. This restriction shall not apply if access to said easement is maintained through the use of gates or other openings. No fence shall be erected adjacent to the dwelling on the zero-lot-line side of the property. No fence or fence post shall extend to within four inches of any dwelling or structure on an adjacent property.
(12)
Double corner lots (triple frontage lots). Each building line of a principal building situated on a double corner lot (also known as a "triple frontage lot") shall be projected to create lines perpendicular to the street line, and no fence, wall, fence-like, or wall-like structure shall be erected on a double corner lot closer to the street line than the building line as projected.
(13)
Consistency. In the event of any inconsistency with this section and the Township standard detail drawings, which are on file in the office of the Zoning Officer, the detail drawings shall govern.
(14)
Interpretation. For the purposes of this section, the Zoning Officer will make the final determination, in the case of a dwelling with more than one entrance, as to which entrance is the designated principal entrance.
P.
Adult establishments.
(1) ADULT BOOKSTORE ADULT ESTABLISHMENT ADULT MOTION-PICTURE THEATER ADULT MINI-MOTION-PICTURE THEATER ADULT VIDEO STORE MASSAGE MASSAGE BUSINESS SEXUALLY ORIENTED DEVICES SPECIFIED ANATOMICAL AREAS SPECIFIED SEXUAL ACTIVITIES
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
Bookstore having as a preponderance of its publications books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this section.
An adult bookstore, adult motion-picture theater, adult mini-motion-picture theater, or a massage business, as defined in this section.
An enclosed building with a capacity of 50 or more persons used for presenting motion pictures, a preponderance of which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this section, for observing by patrons therein.
An enclosed building with a capacity for less than 50 persons used for presenting motion pictures, a preponderance of which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this section, for observing by patrons therein.
A video store having as a preponderance of its DVD, VHS, films, motion pictures, videocassettes, photographs, slides or other similar media and/or visual representations which depict, describe or are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this section.
The manipulation of body muscle or tissue by rubbing, stroking, kneading or tapping by hand or mechanical device.
Any establishment or business wherein massage is practiced, including establishments commonly known as health clubs, physical culture studios, massage studios or massage parlors.
Without limitation, any artificial or simulated specified anatomical area or other device or paraphernalia that is designed in whole or part for specified sexual activities.
(2)
Restrictions as to adult establishments. No building, premises, structure or other facility that contains any adult establishment shall contain any other kind of adult establishment. No building, premises, structure or other facility in which sexually oriented devices are sold, distributed, exhibited or contained shall contain any adult establishment.
(3)
Enforcement will be by the Zoning Officer.
§ 330-35 Residential zone district regulations.
[Amended 3-11-2025 by Ord. No. 2025-OR-002]
A.
Intent and purposes. The residential zone districts are intended to be developed with no use other than those permitted within the schedule of this chapter. They are intended to provide cohesive neighborhoods offering viable living environments to present residents of the Township and future residents of the Township. They are intended to provide opportunity for the creation of a variety of housing types at a range of cost to the consumer within Burlington Township. They are also intended to conserve and enhance the existing residential neighborhoods of the Township. Residential zones are created with a variety of lot sizes and with planned residential options available in specified locations in order to achieve these intents and purposes.
B.
Temporary buildings. Temporary buildings for uses incidental to construction work may be permitted in any residential zone, provided that such buildings are removed when construction has ceased, been completed, or has been abandoned as deemed by Township Council.
C.
Private garages. Private garages shall be permitted only as an accessory use to one-family dwellings and farm operations.
D.
Private greenhouses. Private greenhouses may be permitted only as an accessory use to one-family detached dwellings and shall not be operated for profit, and the building area shall not exceed 90 square feet.
E.
Animal shelters. Animal shelters shall be permitted only as an accessory use to one-family detached dwellings. The building area of an animal shelter shall not exceed 25 square feet and shall be only for the purpose of housing domestic pets.
F.
Storage buildings. Storage buildings shall be permitted as an accessory use to one-family detached dwellings. The combined area of all storage buildings shall not exceed 300 square feet.
J.
Agriculture and animal husbandry. Any and all types of agriculture and animal husbandry are permitted in all zones, provided that they are not detrimental to the environment or public health and welfare. The conduct of any such activities shall not be such to cause erosion or other soil damage to impair the quality of groundwater or surface water or air quality. Neither shall such activities result in odors beyond the property lines of the parcel on which they are conducted.
(1)
Livestock. No livestock shall be maintained on any lot of less than one acre in area. Not more than one head of livestock shall be maintained on any lot of at least one acre but not larger than two acres. For each two acres of lot area in excess of two acres, one additional head of livestock may be maintained up to a lot size of 20 acres, after which no limitations shall apply, provided that, regardless of a lot size, the following regulations shall be adhered to:
(a)
No building to house or shelter livestock shall be closer than 50 feet to any property line. No building to house or shelter more than one head of livestock shall be closer to any property line than 100 feet.
(b)
No part of any building shall be used for the processing and/or slaughtering of livestock for commercial purposes.
(2)
Fowl. No chickens or other fowl shall be maintained on any lot having an area of less than one acre. Up to 10 fowl may be maintained on any lot having an area of at least one acre but not more than two acres. Ten additional fowl may be maintained for each acre in excess of two acres up to a lot size of five acres, after which no limitations shall apply, provided that, regardless of lot size, the following regulations shall be met:
(3)
Farm stands. Farm stands for the sale of agricultural products raised on the premises may be established, provided that:
(a)
The setback of the stand from the curbline or edge of pavement shall be at least 60 feet and from the property line at least 50 feet, whichever is greater.
(b)
Off-street parking (hard surface not required) shall be provided for at least three vehicles.
(c)
One temporary sign of not more than 24 square feet shall be permitted to be placed in a position which creates no traffic hazard or impediment only when the stand is in operation.
K.
Conditional uses. Farm stands, home crafts, home professional occupations, places of worship, public, parochial or private day schools, hospitals, philanthropic or eleemosynary uses, quasi-public buildings and recreation areas, public utility uses, cemeteries and planned residential options may be permitted within residential zones in accordance with standards set forth in Article X of this chapter.
§ 330-36 Business zone district regulations.
A.
Intent and purposes. Business zone districts are intended to be developed for retail and commercial and related activities. Three business zones are created in order to create a hierarchy of business area types. The B-1 Business Zone District is to be developed as an integral shopping-center-type commercial development. The B-2 Zone Districts are intended to be developed as highway business areas serving the motoring public. The B-3 Business Zone Districts are intended to provide neighborhood convenience retail and service outlets.
B.
Temporary buildings. Temporary buildings for uses incidental to construction work may be permitted in any business zone, provided that such buildings are removed when construction has ceased, been completed or has been abandoned as deemed by Township Council.
C.
Vehicle standing areas. All vehicle standing areas created in conjunction with any use shall be covered with an all-weather, hard surface.
D.
Commercial parking lots or garages. In zones where permitted, commercial parking lots and/or garages shall be surfaced with an all-weather, hard surface, shall be clearly marked for individual vehicle parking spaces and shall have all entrances and exits clearly signed.
E.
Assemblage or processing. In the B-1 and B-2 Business Zone Districts, up to 40% of the floor area of a building may be devoted to the processing or fabrication of products which will be offered for sale at retail on the premises, provided that such area shall not front on a public street at street level. In connection with such processing or fabricating, no supplies, materials or goods shall be stored out of doors.
F.
Hotels and motels. Hotels and motels are a permitted use in the B-1 and B-2 Business Zone Districts:
(1)
The entire area of the site for the travel or parking of motor vehicles will be hard surfaced.
(2)
Parking spaces will be provided to meet the individual standards of all of the individual activities to be conducted on the site.
(3)
No sleeping unit, including bathroom and other appurtenant facilities, shall be smaller than 300 square feet.
(4)
No hotel or motel shall contain fewer than 40 sleeping units.
G.
Watchman's quarters. Watchman's sleeping quarters may be provided as an accessory use to a shopping center, provided that such quarters shall be within a principal building and shall not be within a single structure for that purpose or a building housing only additional accessory uses.
H.
Performance standard. All business uses shall be established and conducted to meet all applicable regulations applying to all zone districts.
I.
Outdoor displays.
(1)
Permitted business uses may display automobiles, garden and lawn supplies and equipment, trees and shrubs and Christmas trees intended for sale on the premises outside of and adjacent to the principal structure in which such use is carried on, provided that such outdoor selling or storage areas shall not encroach upon any of the required yard areas or, in the case of vehicles, the required setback for parking areas. Further provided that the area set aside for such outdoor selling or storage shall not exceed an area equal to the gross floor area of the principal building. In the calculation of the percentage of the lot occupied by the buildings and required off-street parking area, the area of such outdoor selling or storage areas shall be included in the same manner as the area of the principal building. The area to be used for any such outdoor selling or storage areas shall be appropriately set forth at the time of application for a building permit or site plan approval. Any subsequent establishment or relocation of such areas shall be subject to the issuance of a supplementary approval. Nothing in this paragraph shall be construed to permit the outdoor storage of goods intended for sale other than at the point of storage.
§ 330-37 Industrial zone district regulations.
A.
Intent and purposes. Industrial zone districts are intended to be developed for a variety of industrial and manufacturing activities. Three industrial zones are created in order to reflect the diversity of present industry within the Township and to create the districts to encourage additional industrial development in the future.
B.
Temporary buildings. Temporary buildings for uses incidental to construction work may be permitted in any industrial zone, provided that such buildings are removed when construction has ceased, been completed or has been abandoned as deemed by Township Council.
C.
Vehicle standing areas. All vehicle standing areas created in conjunction with any use shall be covered with an all-weather, hard surface.
D.
Storage buildings. Storage buildings for materials, liquids, chemicals and other similar items not permitted within the main building under fire underwriters' standards may be an accessory use within any industrial zone, provided that they are not closer than 50 feet to any lot line.
E.
Watchman's quarters. Watchman's sleeping quarters may be provided as an accessory use to any principal industrial use, provided that such quarters shall be within a principal building and shall not be a single structure for that purpose or a building housing only additional accessory uses.
F.
Performance standards. All industrial uses shall be established and conducted to meet all applicable regulations applying to all zone districts.
G.
Buffer and screening requirements. In addition to normal buffer and screening requirements found appropriate by a reviewing board in its review of an application for development, where a tract of land for which an application for development is filed is located within an industrial zone but abuts or is adjacent to a residential zone, the applicant shall provide from the boundary line of said residential district, or the closest lot line from the residential use, the following:
[Amended 2-26-2019 by Ord. No. 2019-OR-008]
(1)
Where the tract is zoned I-2:
(2)
Where the tract is zoned I-1:
(3)
Where the height of any proposed building or structure is greater than 50 feet, the reviewing board shall increase the minimum buffer set forth above proportionately.
(4)
Stormwater management facilities shall be permitted to be located within a buffer or building setback area.
(5)
Where an existing or proposed industrial use abuts or is adjacent to a nonconforming residential use, the reviewing board may apply the § 330-37G buffering and screening requirements when it finds that they are necessary to satisfy the applicable performance standards set forth in §§ 330-34N, 330-95B(2) or other specific standard contained in the Land Development Ordinance.
(6)
With the approval of the reviewing board, a wall, fence, berm or other improvement may be constructed within a buffer or building setback area for the purpose of providing improved buffering and/or screening.
H.
Conditional uses. Public utility uses, quasi-public buildings and recreation areas, and planned industrial parks may be permitted within industrial zones in accordance with standards set forth in Article X of the chapter.
I.
Outdoor displays.
(1)
Permitted industrial uses may display Christmas trees intended for sale on the premises outside of and adjacent to the principal structure in which such use is carried on, provided that such outdoor selling or storage areas shall not encroach upon any of the required yard areas. Further provided that the area set aside for such outdoor selling or storage shall not exceed an area equal to the gross floor area of the principal building. In the calculation of the percentage of the lot occupied by the buildings and required off-street parking area, the area of such outdoor selling or storage area shall be included in the same manner as the area of the principal building. The area to be used for any such outdoor selling or storage areas shall be appropriately set forth at the time of application for a building permit or site plan approval. Any subsequent establishment or relocation of such areas shall be subject to the issuance of a supplementary approval. Nothing in this paragraph shall be construed to permit the outdoor storage of goods intended for sale other than at the point of storage.
J.
Nonconforming residential uses. Nonconforming residential uses are hereby permitted to expand such residential uses in conformance with uses permitted in a residential zone.
§ 330-38 Dish antenna regulations.
A. SATELLITE ANTENNA
Definitions. As used in this section, the following terms shall have the meanings indicated:
An apparatus which is designed for the purpose of receiving television, radio, microwave, satellite or similar signals, with the exception of conventional television antennas
B.
The accessory uses pertaining to the R-40 Zone District shall be supplemented as follows.
(1)
A satellite antenna which complies with the following requirements:
(a)
The surface area of any reflective dish shall not exceed 80 square feet.
(b)
The dish shall be erected on a secure ground-mounted foundation.
(c)
The overall height from the mean ground level to the highest point of the antenna or any attachments thereto when extended to their full height shall be no more than 14 feet.
(d)
The antenna shall be located in the rear yard of a single-family dwelling and shall not violate the yard and setback requirements for the main building.
(e)
The antenna shall be located and screened to minimize motor noise and visibility from the street and adjacent properties.
(f)
The antenna shall be designed for use by residents of the main building only.
C.
The accessory uses pertaining to the R-20 Zone District shall be supplemented as follows.
(1)
A satellite antenna which complies with the following requirements:
(a)
The surface area of any reflective dish shall not exceed 28 square feet.
(b)
The dish shall be erected on a secure ground-mounted foundation.
(c)
The overall height from the mean ground level to the highest point of the antenna or any attachments thereto when extended to their full height shall be no more than nine feet.
(d)
The antenna shall be located in the rear yard of a single-family dwelling and shall not violate the yard and setback requirements for the main building.
(e)
The antenna shall be located and screened to minimize motor noise and visibility from the street and adjacent properties.
(f)
The antenna shall be designed for use by residents of the main building only.
D.
The accessory uses pertaining to the R-12 Zone District shall be supplemented as follows
(1)
A satellite antenna which complies with the following requirements:
(a)
The surface area of any reflective dish shall not exceed 12 square feet.
(b)
The dish shall be erected on a secure ground-mounted foundation.
(c)
The overall height from the mean ground level to the highest point of the antenna or any attachments thereto when extended to their full height shall be no more than seven feet.
(d)
The antenna shall be located in the rear yard of a single-family dwelling and shall not violate the yard and setback requirements for the main building.
(e)
The antenna shall be located and screened to minimize motor noise and visibility from the street and adjacent properties.
(f)
The antenna shall be designed for use by residents of the main building only.
E.
The accessory uses pertaining to the R-7.5 Zone District shall be supplemented as follows.
(1)
A satellite antenna which complies with the following requirements:
(a)
The surface area of any reflective dish shall not exceed seven square feet.
(b)
The dish shall be erected on a secure ground-mounted foundation.
(c)
The overall height from the mean ground level to the highest point of the antenna or any attachments thereto when extended to their full height shall be no more than five feet.
(d)
The antenna shall be located in the rear yard of a single-family dwelling and shall not violate the yard and setback requirements for the main building.
(e)
The antenna shall be located and screened to minimize motor noise and visibility from the street and adjacent properties.
(f)
The antenna shall be designed for use by residents of the main building only.
F.
The accessory uses pertaining to the B-1 Zone District shall be supplemented as follows.
(1)
A satellite antenna which complies with the following requirements:
(a)
The surface area of any reflective dish shall not exceed 12 square feet.
(b)
The dish shall be erected on a secure ground-mounted foundation.
(c)
The overall height from the mean ground level to the highest point of the antenna or any attachments thereto when extended to their full height shall be no more than seven feet.
(d)
The antenna shall be located in the rear yard and shall not violate the yard and setback requirements for the main building.
(e)
The antenna shall be located and screened to minimize motor noise and visibility from the street and adjacent properties.
(f)
The antenna shall be designed for use by residents of the main building only.
G.
The accessory uses pertaining to the B-2 Zone District shall be supplemented as follows.
(1)
A satellite antenna which complies with the following requirements:
(a)
The surface area of any reflective dish shall not exceed 12 square feet.
(b)
The dish shall be erected on a secure ground-mounted foundation.
(c)
The overall height from the mean ground level to the highest point of the antenna or any attachments thereto when extended to their full height shall be no more than seven feet.
(d)
The antenna shall be located in the rear yard and shall not violate the yard and setback requirements for the main building.
(e)
The antenna shall be located and screened to minimize motor noise and visibility from the street and adjacent properties.
(f)
The antenna shall be designed for use by residents of the main building only.
H.
The accessory uses pertaining to the B-3 and BLI Zone Districts shall be supplemented as follows.
(1)
A satellite antenna which complies with the following requirements:
(a)
The surface area of any reflective dish shall not exceed 50 square feet.
(b)
The dish shall be erected on a secure ground-mounted foundation.
(c)
The overall height from the mean ground level to the highest point of the antenna or any attachments thereto when extended to their full height shall be no more than 11 feet.
(d)
The antenna shall be located in the rear yard and shall not violate the yard and setback requirements for the main building.
(e)
The antenna shall be located and screened to minimize motor noise and visibility from the street and adjacent properties.
(f)
The antenna shall be designed for use by residents of the main building only.
I.
The accessory uses pertaining to the I-1, I-2 and I-3 Zone Districts shall be supplemented as follows.
(1)
A satellite antenna which complies with the following requirements:
(a)
The surface area of any reflective dish shall not exceed 50 square feet.
(b)
The dish shall be erected on a secure ground-mounted foundation.
(c)
The overall height from the mean ground level to the highest point of the antenna or any attachments thereto when extended to their full height shall be no more than 11 feet.
(d)
The antenna shall be located in the rear yard and shall not violate the yard and setback requirements for the main building.
(e)
The antenna shall be located and screened to minimize motor noise and visibility from the street and adjacent properties.
(f)
The antenna shall be designed for use by residents of the main building only.
J.
The provisions of this chapter shall be administered by the Construction Official of the Township of Burlington.
K.
All dishes shall be installed in an unobtrusive location and to minimize the noise impact on adjacent properties.
L.
Plan.
(1)
Any property owner shall, prior to the placement of any satellite antenna, submit to the Construction Official a plan showing the size of the satellite antenna, the proposed location of same on the subject premises and such other information as may be required herein.
(2)
The Construction Official shall review said plan and render a decision within 20 days of the submission of said plan or within such further time as may be consented to by the property owner.
M.
The plan shall be drawn on a map to a scale not smaller than one inch equals 40 feet and not longer than one inch equals 10 feet and shall include and show the following information:
(1)
The name and address of the applicant and the owner and the name, address and the title of the person preparing the plan and accompanying date, the date of preparation and the dates of each revision, where applicable.
(2)
An appropriate place for the signature of the Construction Official.
(3)
The lot and block number(s) of the lot(s) from the Township Tax Map and the length and bearing of the lot lines of the proposed project.
(4)
The location, names and pavement and right-of-way widths of all existing and proposed streets abutting the lot or lots in question, the property lines of all abutting properties together with the names and addresses as disclosed on the Township Tax Map and tax rolls as of the date of the application and the location of existing buildings within 200 feet of the site in question.
(5)
All existing buildings and structures and all accessory buildings or structures on the lot, if any, with dimensions showing present and finished grade elevations at all corners.
(6)
All existing and proposed setback dimensions, landscape areas, trees of six-inch caliper on the site affected by the proposed apparatus.
(7)
Existing and proposed plantings to provide screening for noise, glare and aesthetics.
(8)
Any and all other information necessary to meet any of the requirements of this chapter not listed above.
N.
Satellite dishes less than 30 inches in diameter:
[Amended 2-28-2006 by Ord. No. 06-OR-005]
(1)
May be located in any zone.
(2)
May be roof-mounted or ground-mounted.
(3)
If ground-mounted in a rear yard, it may not exceed six feet in height and must comply with setback requirements for accessory buildings in the applicable zone.
(4)
If ground-mounted in a front yard, the antenna shall not exceed four feet in height. Dish shall be screened with shrubbery or landscaping to minimize visibility from the street and adjacent properties.
(5)
The antenna shall be designed and shall be used only by residents of the main building on the subject premises. Any connection, electrical or otherwise, to adjacent properties shall be deemed a violation of the yard and setback provisions hereof.
(6)
Power control and signal cables from a ground-mounted antenna to the served structure shall be buried in accordance with the appropriate code.
P.
The application fee for a permit to install a satellite antenna shall be $25. In addition, the application shall deposit the sum of $100 to cover the cost of review services provided by Township officials. Any unused portion of the deposit shall be returned to the applicant. If the cost of review services exceeds the amount of deposit, sufficient additional funds shall be deposited before any permit shall be issued.
Q.
Any person other than the owner or applicant aggrieved by the terms of this chapter may appeal the decision to the Zoning Board.
S.
The Construction Official of the Township of Burlington is hereby designated as the public officer charged with the enforcement of the terms of this section. All complaints for alleged violation of any of the terms of this section shall be submitted in writing to said Construction Official.
§ 330-38.1 Continuing Care Retirement Community (CCRC) Zone District regulations.
[Added 1-12-2010 by Ord. No. 10-OR-002]
A.
Intent and purpose. The Township has determined that there exists a need for a continuing care retirement community (CCRC) use consisting of mixed-use housing and associated services for seniors, with integrated independent apartment living units, assisted living and skilled nursing alternatives in order to promote the health, safety and welfare of the community by providing housing and health care alternatives for seniors. Development of a CCRC will address this need within the Township and the region and will also provide employment opportunities and other economic and community benefits to the Township. This section implements Burlington Township's Master Plan Land Use Analysis and Recommendations for Age-Restricted Accommodations, dated February 1, 2005, as reaffirmed by the Township's Comprehensive Master Plan adopted July 10, 2008.
B. ACCESSORY USES ASSISTED LIVING FACILITY CONTINUING CARE RETIREMENT COMMUNITY (CCRC) INDEPENDENT LIVING UNIT SKILLED CARE NURSING FACILITY
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any accessory use necessary for the operation or maintenance of the facility or for the primary benefit or convenience of the employees, residents and their guests, including, but not limited to, those that are customarily incidental to the principal permitted uses.
A facility located within a CCRC that offers a residential living environment, with congregate meals, housekeeping, therapy and recreation areas and personal services for persons who have temporary or periodic difficulties with one or more essential activities of daily living, such as feeding, bathing, dressing or mobility, but who do not require services in, or of, a New Jersey Department of Health and Senior Services licensed long-term care facility or nursing facility. An assisted living facility shall include dwelling units, dining room(s), bathing area(s), common area(s), offices and other spaces necessary to provide the above services, and shall be operated by the legal entity holding all of the required licenses and/or certifications required by the New Jersey Department of Community Affairs (DCA) and/or New Jersey Department of Health and Senior Services (DHSS).
A planned unit development which has as its primary purpose the provision of housing and continuing care facilities for residents. A CCRC contains independent living units, assisted living facilities, skilled nursing care facilities, community facilities, administrative offices, and accessory uses, all as defined herein, and as regulated by the Continuing Care Retirement Community Regulation and Financial Disclosure Act, P.L. 1986, c.103 (N.J.S.A. 52:27D-330 et seq.). "Continuing care" means the provision of lodging, nursing, medical or other health-related services, and recreational amenities, to an individual pursuant to an agreement effective for the life of the individual or for a period greater than one year, including mutually terminable contracts, and in consideration of the payment of an entrance fee with or without other periodic charges to an individual. A CCRC may include any of the following amenities, available for use by residents, their guests and staff, when provided by individuals employed by, or under contract with, the CCRC: kitchen and dining facilities; places of worship and/or related gathering halls, lodges and similar facilities; indoor and outdoor recreational buildings and uses; limited retail and banking facilities; beauty salons and barber shops; gift shops; classrooms; security facilities; conference rooms; social rooms; common areas; guest rooms; medical offices; medical clinic; dialysis center; laboratory services; dental offices; physical therapy and rehabilitation center; wellness center; ambulatory surgery; diagnostic imaging services; postal center; pharmacy; maintenance facilities; exercise and vocational activities, swimming pools and spas; library and television room; as well as facilities related to the operation of the CCRC, such as but not limited to administrative offices, food and record storage areas, property maintenance facilities, stormwater management facilities, radio and satellite dish antennas, solar and other environmentally renewable energy facilities; day-care center; security operations; off-street parking and heating and cooling equipment structures. All such services shall be provided by individuals employed by or under contract with the CCRC.
A dwelling unit within a CCRC containing living area(s), bedroom area(s), kitchen area and bathroom(s), including studio-style apartments, attached townhomes, attached or detached individual dwelling units which house(s) one or more people in a manner in which they may live independently with the option of receiving one or more meals per day in a congregate setting. The independent living unit shall be operated by the legal entity holding all of the required licenses and/or certifications required by the DCA and DHSS.
A facility located within a CCRC which provides comprehensive needs of daily living and twenty-four-hour skilled nursing and medical care to chronic, convalescent or hospice patients. It shall include nursing beds and/or individual rooms, meals, dining rooms, bathing areas, common areas, offices, clinics, therapy and recreation areas, medical facilities and other space necessary to provide the above services and shall be operated by the legal entity holding all of the required licenses and/or certifications required by the DCA and/or DHSS.
C.
Application requirements. In addition to other standard elements of site plan applications in accordance with Township requirements, an application for a CCRC development shall include conceptual architectural plan and elevations and the following plans as described and detailed in Township Ordinance No. 10-OR-001, the ordinance providing for general development plan approval:[1]
D.
E.
Area, density, and yard bulk requirements.
(1)
Minimum tract size: 100 acres contiguous. Calculation of tract size for purposes of determining compliance with minimum tract size requirements shall include the gross acreage of the tract, including all tax lots comprising same. The 100 acres minimum lot area for development of a CCRC shall not prevent the development from proceeding in sections or phases in accordance with an approved general development plan.
(2)
Maximum density: six CCRC independent living units per gross acre of the gross tract size, calculated on a minimum of 100 acres, but including the aggregate of all acreage within the overall project as shown on the CCRC general development plan.
(3)
Minimum open space: 40% of the overall tract. The term "open space" shall mean those areas located on-tract which are designated as open space, including, but not limited to: active and passive recreation areas; buffer areas; wetlands and floodplains; forest; steep slopes; stormwater management basins and facilities, which are free from buildings, streets, off-street parking and other impervious structures or coverage, and are intended for the active or passive use or enjoyment of the residents.
(4)
Minimum tract buffer: 50 feet, to include a minimum thirty-foot-wide landscaped buffer area. When, adjacent to the tract boundaries, there exists (on the adjoining property) at least 50 feet of dedicated open space or undeveloped publicly owned lands, the reviewing board may find a reduced buffer setback acceptable. No structure, activity, storage of materials, or parking of vehicles shall be permitted in the required buffer area. The reviewing board may reduce the minimum tract buffer when the adjoining property's boundary has at least 50 feet of dedicated open space.
(5)
Maximum building height: 70 feet. No building shall be taller than 45 feet or four stories unless it is set back at least 150 feet from an accepted municipal or county right-of-way or tract boundary.
(6)
Maximum impervious coverage: 40% of the gross tract area.
(7)
Minimum front yard setback (no driveway): 15 feet, to be measured from the face of curb or cartway edge of paving.
(8)
Minimum front yard setback (with driveway): 25 feet, to be measured from the face of curb or cartway edge of paving.
(9)
The minimum combined side yard setback from the nearest adjacent building or structure shall be 15 feet unless connected with a common wall, in which case no setback shall be required.
(10)
The minimum combined rear yard setback from the nearest adjacent building or structure shall be 25 feet.
(11)
Distance between buildings.
(12)
Requirements for accessory structures, as applicable, shall be in accordance with § 330-34I unless modified herein.
(13)
Parking and loading requirements. The total required minimum number of parking spaces shall be 1.0 parking space per CCRC independent living unit, plus one space for every four beds in an assisted living facility, plus one space for each employee expected to be working during the largest shift. The required number of loading areas shall be one per community nonresidential building over 40,000 square feet screened from the public right-of-way. No parking spaces shall be required for skilled nursing unit beds.
(14)
Height requirements. The maximum height of any building shall be 70 feet. No building shall be taller than 45 feet or four stories unless it is set back at least 150 feet from an accepted municipal or county right-of-way or tract boundary.
F.
Where permitted. The following tracts may be developed in accordance with the development regulations set forth herein for the CCRC development:
§ 330-38.2 Residential Multifamily Affordable (R-MFA) Zone regulations.
A.
Intent and purpose. The R-MFA District provides for a multifamily housing development with a total development potential of 140 residential dwelling units. Twenty percent of all units constructed shall be set aside and deed restricted as affordable family rental units, which will enable the Township to address a significant portion of its affordable housing obligation. All market rate and affordable units developed are to be fully integrated throughout the development, and the construction of buildings consisting solely of affordable units is expressly prohibited. The tenancy of the market rate units shall be at the developer's discretion.
B.
Permitted principal uses and structures. Permitted principal uses and structures are limited to multifamily attached dwellings composed of 12 or less units with the total number of units not to exceed 140 units.
C.
Permitted accessory uses and structures. The following accessory uses and structures are permitted, and shall be no less accessible to affordable residents:
(1)
Clubhouse and/or community pool for the private use of residents and guests.
(2)
Outdoor recreational facilities, including park/playground, barbeque area, dog park, and walking paths.
(3)
One unit which may be the property manager's residence, property management office, rental office, or display model.
(4)
Maintenance and storage garage.
(5)
Stormwater management facilities.
(6)
Accessory uses customarily incidental to a permitted principal use as approved by the Township Zoning Officer.
D.
Development requirements.
(1)
Affordable housing requirements. The minimum percentage of dwelling units which are affordable to households with very-low , low- , and moderate-incomes, as defined by the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., shall be no less than 20% of the total number of units developed. The affordable units shall be developed in compliance with the bedroom distribution and configuration requirements established by N.J.A.C. 5:80-26.3(b)(1) through (4). Of the total number of affordable dwelling units, at least 50% of the restricted units within each bedroom distribution shall be low-income units, with no less than 13% of the total restricted units within each bedroom distribution reserved for very-low-income individuals and families (earning 30% or less of median income pursuant to the Fair Housing Act). A development shall comport with all applicable affordable housing laws and regulations, including the phasing requirement scheme set forth in N.J.A.C. 5:93-5.6(d), as well as ensuring each affordable unit is subject to affordability controls of at least 30 years from the date of initial occupancy and affordable deed restrictions as provided for by UHAC, with the sole exception that "very-low-income" shall be defined as an income threshold not to exceed 30% of median income pursuant to the Fair Housing Act.
(2)
Buffers. The perimeter track setback buffer shall be 35 feet. This setback may be reduced to 32 feet to create staggered setbacks at rear of units, to provide privacy between patios, or to accommodate physical or environmental site conditions. Stormwater management facilities, recreational facilities including parks with fencing, and walking paths are permitted within the perimeter track setback buffer, but shall be set back at least 10 feet from the tract perimeter. Buffers shall include landscaping and screening as required by the reviewing board.
(3)
Unit storage. All dwellings shall have adequate storage for clothing and other personal belongings.
[Amended 4-26-2022 by Ord. No. 2022-OR-007]
(4)
Dwelling variation. Architectural elements such as bay or box windows, balconies, building offsets, variation of building materials, textures and/or colors and/or other architectural elements that achieve visual interest may be provided.
(5)
Solid waste and recycling. The developer shall provide adequate facilities for the disposal of solid waste and recycling. Such facilities shall be placed within appropriate enclosures and screened from view.
[Amended 4-26-2022 by Ord. No. 2022-OR-007]
(6)
Pedestrian circulation. There shall be a comprehensive system of pedestrian sidewalks serving all facilities within the development, providing access to dwellings, parking areas, open spaces, recreational and other communal facilities. Pedestrian sidewalks shall have adequate lighting.
E.
Area, yard, density, height and coverage requirements.
(1)
Minimum tract area: 10 acres.
(2)
Maximum lot coverage (total tract): 60% of the gross tract area.
(3)
The minimum tract perimeter setback for a principal building shall be 35 feet. This setback may be reduced to 32 feet to create staggered setbacks at rear of units, to provide privacy between patios, or to accommodate physical or environmental site conditions. Patios and decks may extend up to 10 feet into the setback, as measured from the principal building.
(4)
Maximum multifamily attached dwellings containing 12 or fewer units: 12.
[Amended 4-26-2022 by Ord. No. 2022-OR-007]
(5)
No principal structure shall be located within 35 feet of another principal structure; however, the rear of any principal structure shall be a minimum distance of 50 feet from the rear of another principal structure. Patios and decks may extend 10 feet into the setback as measured from the principal building.
(6)
Maximum building height, principal use: 3.5 stories, but not to exceed 50 feet.
(7)
Maximum building height, accessory structure: 20 feet.
(8)
Setbacks, parking lots. No parking space shall be closer than 10 feet to a building and within 25 feet of a tract perimeter. This regulation shall not apply to driveways associated with individual dwellings.
(9)
Unless otherwise set forth in this section, design and performance standards shall conform with RSIS and Chapter 330 of the Township Code. In the event of a conflict, the RSIS shall govern.
(11)
No site improvements will be offered for dedication to the Township.
(12)
Culs-de-sac shall be provided with a forty-foot cartway radius or, as an alternative, culs-de-sac including hammerheads shall be interconnected by twenty-foot-wide emergency fire lanes constructed in accordance with Township standards in order to provide suitable access for emergency vehicles. Parking is not permitted in hammerheads.
(13)
Maximum lot coverage for "fee simple" units: 80%.
§ 330-38.3 Solar and wind energy systems.
[Added 6-22-2010 by Ord. No. 10-OR-014]
A.
Purpose. The purpose of this section is to permit certain renewable energy systems as an accessory use in all zones and as a principal permitted use in industrial zones when certain standards are met and to provide an opportunity for and promote the safe, effective and efficient use of wind energy and solar energy systems while substantially minimizing the potential negative impacts that these systems may create on surrounding properties.
B. SOLAR ENERGY SYSTEM SOLAR PANEL AREA SOLAR PANELS TOWER WIND ENERGY SYSTEM WIND TURBINE
Definitions. As used in this section, the following terms shall have the meanings indicated:
A system that utilizes solar panels, as defined herein, to convert solar energy to electricity in order to satisfy all or a portion of the energy requirements associated with a dwelling or nonresidential structure and/or to generate electricity for use in the regional high-voltage electrical grid. The conversion may be accomplished by solar radiation absorbed by a medium (such as solar panels, as defined herein) and distributed to a point of use. The system shall include the solar panels and all associated equipment, including any base, foundation, structural support, wiring, piping, batteries or other components necessary to fully utilize the system. An auxiliary energy system may be employed to supplement the output provided by the solar energy system and to provide for the total energy demand should the solar energy system become inoperable.
The area contained within an elevated panel or plate, or a canopy or array thereof, that captures and converts solar radiation to produce power, and includes flat plate, focusing solar collectors, or photovoltaic solar cells and excludes the base or foundation of the panel, plate, canopy, or array.
A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of a solar system. This term includes all components necessary to generate, store, transport and/or transfer energy.
A monopole, freestanding, or guyed structure that supports a wind generator. This definition shall also include meteorological ("met") towers.
A system that utilizes a wind turbine, as defined herein, to convert wind energy to electricity, which has a rated capacity consistent with applicable construction codes and is used to satisfy all or a portion of the energy requirements associated with a dwelling or nonresidential structure and/or to generate electricity for use in the regional high-voltage electrical grid. The system shall include the wind turbine and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, piping, transformer, vane, wiring, inverter, batteries or other components necessary to fully utilize the system, to include facilitating the storage and transfer of energy.
Equipment that converts energy from the wind into electricity. This term includes the rotor, blades and associated mechanical and electrical conversion components necessary to generate, store and/or transfer energy and which is mounted on top of a tower structure.
C.
General provisions.
(1)
Solar or wind energy systems are permitted as an accessory use on the same lot as the principal use, whether roof-mounted or ground-mounted, in all residential and business zone districts (specifically, R-7.5, R-12, R-20, R-40, CCRC, B-1, B-2, B-3, BLI-1 and BLI-2 zone districts as well as the AR and PRC zoning overlay areas). These are systems whose main purpose is to generate energy to satisfy all or a portion of the energy requirements associated with the onsite dwelling(s) or business(es), rather than for sale back into the electrical grid system. This provision shall not be interpreted to prohibit the sale of excess power generated from time to time from a solar or wind energy system that is designed to meet the energy needs of the principal use.
(2)
Solar or wind energy systems, whether roof-mounted or ground-mounted, shall be permitted as either an accessory or principal use in all industrial zones, specifically the I-1, I-2 and I-3 zone districts, on a parcel or parcels of land comprising 20 or more contiguous acres that are owned by the same person or entity. Roof-mounted systems shall also be permitted on smaller parcels in accordance with the applicable provisions set forth herein.
(3)
The installation of solar or wind energy systems by any governmental agency on land owned or leased by said agency shall be permitted as either an accessory use or principal use in any zone district.
(4)
The installation of a solar or wind energy system is subject to local electric public utility requirements for interconnection to the electrical distribution system. All interconnections shall comply with the applicable regulations established by the agency having jurisdiction.
(5)
All new electrical transmission lines associated with the installation of a solar or wind energy system shall be located underground, unless the local electric public utility requires they be installed on existing utility poles.
(6)
Any ground-mounted mechanical equipment associated with and necessary for operation, including a building for batteries and storage cells, shall be enclosed with a six-foot-high fence, if the entire site is not enclosed with a fence.
(7)
Solar or wind energy systems installed on, within or above a stormwater management facility, parking lot, sign structure or any other type of freestanding structure not specifically considered a roof by the Construction Official shall be considered a ground-mounted system.
(8)
The design of solar or wind energy systems shall, to the maximum extent practicable, use materials, colors, textures, shades, screening and landscaping that will blend into the natural setting and existing environment.
(9)
Solar or wind energy systems shall not be used for displaying any advertising. Reasonable identification of the manufacturer and/or operator of the system is permitted using text that does not exceed a height of two inches. Hazard and/or warning signs pertinent to the electrical nature of the equipment shall also be permitted.
(10)
A solar or wind energy system installed on a nonconforming structure or on a site containing a nonconforming structure or use shall be considered an expansion of the nonconforming structure or use.
[Amended 2-22-2011 by Ord. No. 11-OR-002]
(11)
Any applicant proposing to develop a solar or wind energy system with the primary purpose of selling energy back to the grid or to another party shall provide, as part of a site plan application, the following:
(a)
Proof that the proposed development has received approval from the applicable public utility company of the applicant's intent to install such a system.
(b)
Proof that the proposed application complies with all New Jersey Board of Public Utilities requirements and/or regulations.
(c)
Proof of compliance with applicable net metering and interconnection standards.
(d)
A study, prepared by a qualified individual, to verify that the site conditions are favorable for the purpose of producing the intended amount of wind or solar energy.
(12)
In the case of any type of alternative energy system installed on an existing roof (roof-mounted), the applicant shall provide, at the sole discretion of the Construction Code Official, engineered drawings, detailed calculations and/or a structural analysis prepared by a New Jersey licensed professional engineer or architect verifying the structural integrity of the roof system following installation.
(13)
Notwithstanding the provisions set forth herein, the installation of any solar or wind energy system shall require a use permit and all applicable construction permits and its design shall conform to all applicable prevailing codes, standards and ordinances, including, but not limited to, the State Uniform Construction Code (UCC), National Electrical Code (NEC) and Federal Aviation Administration (FAA) requirements.
D.
Standards; types of installation.
(1)
Solar energy systems.
(a)
Roof-mounted systems.
[1]
Roof-mounted systems which satisfy the provisions set forth herein shall require construction and use permits, but may not require site plan approval. If, in the opinion of the Zoning Officer, the installation of the solar energy system does not satisfy the provisions of this section, he/she shall direct the applicant to file a site plan or variance application with the reviewing board having jurisdiction. Said application for development or appeal shall comply with the appropriate notice and hearing provisions otherwise required for the application or appeal pursuant to the Municipal Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
[2]
Residential. Roof-mounted systems on principal or accessory buildings shall not be more than one foot higher than the finished roof to which it is mounted.
[3]
Nonresidential. Roof-mounted systems on principal or accessory buildings shall not be more than three feet higher than the finished roof to which it is mounted. However, the reviewing board may permit the system to be mounted at a greater height if the applicant can demonstrate that no part of the system will be visible from any roadway on which the building has frontage. In no instance shall any part of the system extend beyond any edge of the roof or exceed the height requirement of the zone in which it is located, whether located on a principal or accessory structure.
[4]
Roof-mounted systems shall not be permitted to be installed on temporary buildings.
(b)
Ground-mounted systems.
[1]
Residential. A ground-mounted system installed on a residential lot which satisfies the provisions set forth herein shall require construction and use permits, but may not require site plan approval. If, in the opinion of the Zoning Officer, the installation of the solar energy system does not satisfy the provisions of this section, he/she shall direct the applicant to file a variance application with the Zoning Board of Adjustment. Said application for development or appeal shall comply with the appropriate notice and hearing provisions otherwise required for the application or appeal pursuant to the Municipal Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
[2]
Nonresidential. A ground-mounted system installed on a nonresidential lot shall require a site plan application with the reviewing board having jurisdiction. Said application for development or appeal shall comply with the appropriate notice and hearing provisions otherwise required for the application or appeal pursuant to the Municipal Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
[3]
Solar panel area. The total solar panel area, along with the impervious surface area of any appurtenant facilities, shall be used for the purpose of calculating lot, coverage and the installation shall not result in a lot coverage, percentage which exceeds the maximum percentage permitted by Code for the zone district in which they are located (Chapter 330, Attachments 1, 2 and 3[1]).
[1]
Editor's Note: Said attachments are located as attachments to this chapter.
[4]
Even though the surface of a solar panel shall not be considered to be impervious for the purpose of calculating stormwater runoff, the Township Engineer or reviewing board engineer, as applicable, may require the submission of stormwater calculations and/or improvements if, in his/her sole discretion, the installation of the ground-mounted system will create a potential impact to the onsite or offsite drainage or increase stormwater runoff from the pre-development condition. Any disturbance or additional impervious surfaces required for the installation of a ground-mounted system, to include all appurtenant facilities, which qualify as major development with respect to stormwater management as defined in § 330-87 of the Township Code, shall submit a site development stormwater plan as outlined in § 330-87E.
[5]
Design standards and bulk requirements.
[a]
Maximum height. Within a residential zone district regardless of the use of the lot, and on a residential lot in a nonresidential zone district, the maximum height of a system shall not exceed a height of six feet. In all other zone districts, with the exception of residential uses in nonresidential zone districts, the maximum height shall not exceed 15 feet. Height shall be measured from the ground level adjacent to the support structure to the highest point of the system, which includes any adjustable or moveable parts that may at any point in time extend above or beyond the fixed portion of the system.
[Amended 2-22-2011 by Ord. No. 11-OR-002]
[b]
Minimum setback. In all zoning districts, the system shall have a minimum setback of 20 feet from all property lines.
[c]
Front yards. The system shall not be located in a designated front yard or forward of the building line containing the front door of any principal building.
[d]
Glare. The system shall not direct glare towards any surrounding property.
[e]
The system shall be constructed in such a manner that exposed hardware, supporting structures, frames and piping are finished with nonreflective surfaces.
[f]
The system shall provide for adequate safety measures as determined to be appropriate by the Construction Official. All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
[6]
The reviewing board or, in the case of an installation on a residential lot, the Zoning Officer may require the installation of a solid fence to aid in screening the solar energy system from surrounding properties. However, in no case shall the installation of a fence requiring any variances be mandated.
(2)
Wind energy systems.
(a)
Residential. A wind energy system installed on any residential lot which satisfies the provisions set forth herein shall require construction and use permits, but may not require site plan approval. If, in the opinion of the Zoning Officer, the installation of the wind energy system does not satisfy the provisions of this section, he/she shall direct the applicant to file a variance application with the Zoning Board of Adjustment. Said application for development or appeal shall comply with the appropriate notice and hearing provisions otherwise required for the application or appeal pursuant to the Municipal Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
(b)
Nonresidential. A wind energy system installed on any nonresidential property shall require a site plan application with the reviewing board having jurisdiction. Said application for development or appeal shall comply with the appropriate notice and hearing provisions otherwise required for the application or appeal pursuant to the Municipal Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
(c)
Wind energy systems installed in residential and business zone districts shall meet the definition of a "small wind energy system" in the Municipal Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.). In the case of a small wind energy system, an auxiliary energy system may be employed to supplement the output provided by the small wind energy system and to provide for the total energy demand should the small wind energy system become inoperable.
(d)
Maximum height. The maximum height of the system, to include the wind turbine, on any residential lot shall be 50 feet. A maximum height of 150 feet shall be permitted on all other properties. The height of the system shall be measured from the ground level adjacent to the tower to the highest point of the system, which includes the wind generator and any adjustable or movable parts that may at any point in time extend above or beyond the fixed portion of the system. For systems not mounted on the ground, the vertical distance from the base of the tower to ground level shall be added to the height of the tower for the purpose of calculating the height of the system.
(e)
Minimum setback. Any tower structure required for a wind energy system shall be set back, as measured from the base of the tower, a distance at least equal to 110% of the system height from any adjoining lot line and all nonappurtenant buildings or structures, provided that this distance is no closer to an adjoining lot line than the building setback applicable to the zoning district in which the tower is located. In the case of a tower structure installed on a property located in a nonresidential zone district or on a property which contains a nonresidential use but which abuts a residential zone or use, the minimum setback requirement shall be increased to 150%. For roof-mounted towers, the setback shall be measured from the nearest edge of the structure to which it is attached.
(f)
For towers located in industrial zone districts that do not meet the definition of a "small wind energy system," the minimum tower setback from a residential zone district line, residential use, school site or recreation site shall be 350 feet.
(g)
Only one wind turbine shall be permitted per property within the R-7.5, R-12, R-20, R-40, B-1, B-2, B-3, BLI-1 and BLI-2 zone districts as well as the AR and PRC zoning overlay areas. All guy wires and any part of the energy system shall be located on the same lot as the tower and turbine.
(h)
No portion of the system shall extend beyond any overhead utility lines, unless written permission is granted by the utility company that owns and/or controls said lines. Separation between the system and electrical transmission lines shall be provided in accordance with utility company requirements.
(i)
No portion of the system shall extend into any public road right-of-way, unless written permission is granted by the government entity having jurisdiction.
(j)
Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
(k)
Appurtenant/accessory structures, equipment and guy wires must satisfy the minimum zoning district setbacks for the zoning district in which the tower is located, but in no event shall be located any closer than 20 feet to an adjacent property line or right-of-way.
(l)
Towers shall not be artificially lighted, unless required by the FAA or other authority having jurisdiction. If lighting is required, the lighting shall be focused and shielded to cause the least impact to adjacent and nearby properties and shall not exceed one footcandle at the property lines. The applicant shall provide to the reviewing board all applicable FAA standards regarding lighting that may apply to a proposed tower.
(m)
Towers shall be designed and installed so as to not provide any publicly accessible means to climb said tower, for a minimum height of 12 feet above the ground level or it shall be enclosed by a security fence with a lockable gate at the maximum height permitted in the zone district in which the tower is located.
(n)
Any moving part shall be located at least 12 feet above ground level.
(o)
The blades of the system shall be constructed of corrosion-resistant material.
(p)
Noise generated by a wind energy system shall not exceed 55 decibels as measured at the property line of the lot on which the system is located. This standard may be exceeded only during short-term events such as utility outages and severe wind storms.
(q)
Meteorological towers designed and intended to support the gathering of wind energy resource data shall also be governed by the provisions of this section.
(r)
Nothing within this section shall be construed as to permit a tower that has been constructed in conjunction with an approved wind energy system to also be utilized for another use including, but not limited to, a cellular communications or radio tower.
E.
Abandonment. Any solar or wind energy system that is not operated for its intended and approved purpose for a continuous period of 12 months shall be considered abandoned, and the owner of such system shall remove the same within 90 days of receipt of notice from the Township by personal service or certified mail notifying the owner of such abandonment. Failure to remove an abandoned solar or wind energy system within said 90 days shall be grounds for the Township to remove the system at the owner's expense.
§ 330-38.4 Portable home storage unit.
[Added 10-22-2013 by Ord. No. 13-OR-032]
A. PORTABLE HOME STORAGE UNIT
Definitions. As used in this section, the following terms shall have the meanings indicated:
A portable shed, regardless of manufacturer, (commonly referred to as "PODS®") that is located on a residential property for the storage of materials on the temporary basis.
B.
Permit required; application; insurance; fee. Before placing a portable home storage unit on his or her property the owner must submit a permit application attached hereto to the Housing Inspector/Zoning Officer and Construction Official for their approval. The application must include an insurance certificate confirming liability insurance in the amount of $100,000 provided by the company supplying the portable home storage unit and a fee of $25.
C.
Duration/number. A permit may be granted for a period of 30 days. At the expiration of the thirty-day period, the property owner may seek one thirty-day extension for good cause such as an unexpected delay in completing improvements or closing beyond the control of the property owner. The permit extension fee is $25. No more than one portable home storage unit shall be permitted in any twelve-month period.
D.
Location. No portable home storage unit may be placed in any street or in the front of a property. A portable home storage unit must be kept in the driveway of the property at the furthest accessible point from the street on a paved surface. No portable home storage unit may be placed on a property if the Housing Inspector/Zoning Officer or Construction Official deems it to be a sight obstruction for motorists.
§ 330-38.5 Residential Multifamily Affordable II (R-MFA-II) Zone regulations
[Added 8-24-2021 by Ord. No. 2021-OR-024]
A.
Intent and purpose. The R-MFA-II District provides for a multifamily housing development with a total development potential of 140 residential dwelling units. Twenty percent of all units constructed shall be set aside and deed restricted as non-age-restricted affordable family rental units, which will enable the Township to address a significant portion of its affordable housing obligation. All market-rate and affordable units developed are to be fully integrated throughout the development, and the construction of buildings consisting solely of affordable units is expressly prohibited.
B.
Permitted principal uses and structures. Permitted principal uses and structures are limited to multifamily dwellings composed of 40 or less units with the total number of units not to exceed 140 units.
C.
Permitted accessory uses and structures. The following accessory uses and structures are permitted and shall be no less accessible to affordable residents:
(1)
Clubhouse and/or community pool for the private use of residents and guests.
(2)
Outdoor recreational facilities, including parks, playgrounds, barbecue areas, dog parks, and walking paths.
(3)
One unit which may be the property manager's residence, property management office, rental office, or display model.
(4)
Maintenance and storage garage.
(5)
Stormwater management facilities.
(6)
Accessory uses customarily incidental to a permitted principal use as approved by the reviewing board.
D.
Development requirements.
(1)
Affordable housing requirements. The minimum percentage of dwelling units which are affordable to households with very low, low, and moderate incomes, as defined by the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., shall be no less than 20% of the total number of units developed. The affordable units shall be non-age-restricted family rental units and shall be developed in compliance with the bedroom distribution and configuration requirements established by N.J.A.C. 5:80-26.3(b)(1) through (4). Of the total number of affordable dwelling units, at least 50% of the restricted units within each bedroom distribution shall be low-income units, with no less than 13% of the total restricted units within each bedroom distribution reserved for very-low-income individuals and families (earning 30% or less of median income pursuant to the Fair Housing Act). A development shall comport with all applicable affordable housing laws and regulations, including the phasing requirement scheme set forth in N.J.A.C. 5:93-5.6(d), as well as ensuring each affordable unit is subject to affordability controls of at least 30 years from the date of initial occupancy and affordable deed restrictions as provided for by UHAC, with the sole exception that "very low income" shall be defined as an income threshold not to exceed 30% of median income pursuant to the Fair Housing Act.
(2)
Unit storage. All dwelling units shall have adequate storage for clothing, trash and recycling cans, and other personal belongings.
(3)
Dwelling variation. Architectural elements such as bay or box windows, balconies, building offsets, variation of building materials, textures and/or colors and/or other architectural elements that achieve visual interest shall be provided.
(4)
Trash and recycling. The developer shall provide centralized facilities for trash and recycling. Trash collection shall be performed by a private company, unless otherwise approved by the Director of Public Works. The collection of recyclables shall be in accordance with Chapter 512, Article II, of the Township Code.
(5)
Pedestrian circulation. There shall be a comprehensive system of pedestrian sidewalks serving all facilities within the development, providing access to dwellings, parking areas, open spaces, and recreational and other communal facilities, designed in accordance with all applicable provisions of the Township Code.
E.
Area, yard, density, height and coverage requirements.
(1)
Minimum tract area: 10 acres.
(2)
Maximum lot coverage (total tract): 60% of the gross tract area.
(3)
The minimum tract perimeter setback for a principal building shall be 25 feet. Patios and decks may extend up to 10 feet into the setback as measured from the principal building.
(4)
Maximum number of principal buildings containing 40 or fewer units: five.
(5)
No principal building shall be located within 35 feet of another principal structure; however, the rear of any principal building shall be a minimum distance of 50 feet from the rear of another principal building. Patios and decks may extend 10 feet into the setback as measured from the principal building.
(6)
Maximum building height, principal use: 3.5 stories, but not to exceed 50 feet.
(7)
Maximum building height, accessory structure: 20 feet.
(8)
Setbacks, parking lots. No parking space shall be closer than 10 feet to a building or within 25 feet of a tract perimeter.
F.
Miscellaneous provisions.
(1)
Unless otherwise set forth in this section, the design and performance standards shall conform with RSIS and Chapter 330 of the Township Code. In the event of a conflict, the RSIS shall govern.
(2)
All dwelling units shall be provided with adequate indoor area to store a minimum of one thirty-two-gallon trash container and two recycling containers.
(3)
No stormwater management facility shall be located closer than 25 feet from an adjoining lot line of a residential use.