Byram Township City Zoning Code
ARTICLE IX
District Regulations
§ 240-50.1 Requirements for all residential zones.
[Added 3-6-2006 by Ord. No. 5-2006]
A.
Purpose and intent.
(1)
Byram Township has determined that it is necessary and appropriate to reduce density in its environs that consist of large areas of mostly undeveloped forestlands characterized by steep slopes, marginal soils, wetlands and surface water. The R-1 (ten-acre density) and R-2 (five-acre density) Zones will help to preserve large areas of forestlands and keep development out of critical environmental areas while allowing residential housing development according to the principles of smart growth, density zoning, clustering and lot averaging which will be permitted or encouraged in the R-1 and R-2 Zones to preserve open space or agricultural land.
(2)
The remaining residential areas of Byram can be developed at existing or higher densities, where reasonable. The lake communities will develop at existing densities, provided that the utility infrastructure exists to accommodate that growth, or at lower densities if on-site septic systems and wells are needed.
(3)
Preserving constrained and undeveloped lands in its environs and allowing for reasonable densities in existing neighborhoods will help to maintain the distinct land use pattern of the Township and allow for manageable and controlled growth while protecting the rural ambience and environmental resources of the Township.
(4)
The development standards applicable to the lake communities are intended to maintain the current character of development and ensure the basic water quality of the lakes.
(5)
The standards in this section apply in all residential zones except the Village Center.
(6)
Any new residential lot created by subdivision following the adoption of the Master Plan that is not serviced by central sewer shall be 40,000 square feet or comply with the lot size requirements of the zone, whichever is greater.
(7)
A lot that fails to comply with the minimum lot size requirement of its zone that is contiguous with and in the same ownership as another lot shall be deemed merged, and the said lot shall be construed to be one lot.
(8)
On August 10, 2004, the Highlands Water Protection and Planning Act (Highlands Act) was signed. This historic law protects drinking water for over 5.4 million people and helps preserve New Jersey's dwindling open space. The regulations found in this chapter may be superseded by regulations established under the Highlands Act.
(9)
Maximum building size is based on lot size, regardless of the zone, according to the following schedule.[1]
Maximum Principal Building Coverage | ||
|---|---|---|
Lot Size (square feet) | Maximum Coverage | |
Less than 10,000 | 15% (up to 1,500 square feet) | |
Between 10,000 and 19,999 | 1,500 +7% of square footage over 10,000 (up to 2,200 square feet) | |
Between 20,000 and 39,999 | 2,200 +5% of square footage over 20,000 (up to 3,200 square feet) | |
More than 40,000 | 3,200 +3% of square footage over 40,000 | |
[1]
Editor's Note: Former Subsection A(9), regarding lots with lake frontage, was repealed 5-7-2007 by Ord. No. 3-2007. This ordinance also redesignated former Subsection A(10) as A(9).
(10)
Where feasible and appropriate, nonstructural mechanisms and elements are preferred in the management of stormwater.
[Added 6-20-2017 by Ord. No. 10-2017]
§ 240-51 R-1 Residence District.
A.
Primary intended uses. The R-1 Residence District is designed for single-family residential and agricultural uses and permits:
(3)
Accessory uses customarily incidental to the above uses, provided that they do not include any activity commonly conducted for gain, unless specifically permitted in this section.
(5)
Home occupations. No external evidence of the additional use shall be visible from the street line, nor shall operation of the use occasion greater than normal traffic flows, either in number or type of traffic. No more than two nonfamily employees at a time are permitted, nor shall signage beyond one two-square-foot sign, affixed to the building, be permitted.
[Amended 9-7-1993 by Ord. No. 5-1993; 7-18-1994 by Ord. No. 5-1994]
(6)
No more than two roomers or boarders per family.
(7)
Farming and truck gardening when products are not sold on the premises, provided that the keeping of any farm animal or fowl is only permitted in a building or other structure no part of which is closer to any residence, property line or public road than 250 feet.
(8)
Commercial greenhouses.
C.
Required conditions. The following requirements must be complied with in the R-1 Residence District:
[Amended 7-7-1982; 4-17-1985; 9-7-1993 by Ord. No. 5-1993; 3-6-2006 by Ord. No. 5-2006; 5-7-2007 by Ord. No. 4-2007; 2-16-2016 by Ord. No. 6-2016]
(1)
Minimum lot area: 10 acres.
(2)
Front yard: a minimum of 100 feet.
(3)
Side yard: a minimum of 50 feet each.
(4)
Rear yard: a minimum of 100 feet.
(5)
Lot width (frontage): a minimum of 200 feet.
(6)
Lot disturbance: a maximum of 50%. In no instance shall lot disturbance exceed 40,000 square feet.
(7)
Building height: a maximum of 2 1/2 stories or 30 feet, with a forty-foot maximum height of any facade.
(8)
Setback of building from existing lakes, ponds, streams or wetlands shall be a minimum of 100 feet, measured from the one-hundred-year flood line. This setback shall include a ten-foot-wide vegetated buffer along at least 80% of the water's edge.
D.
Cluster option. Development of more than one lot may be achieved through clustering, lot size averaging or other similar density-based development techniques that maintain overall density while creating preserved open space through fee-simple lots or conservation easements. The following requirements must be complied with for a cluster option:
[Amended 9-7-1993 by Ord. No. 5-1993; 3-6-2006 by Ord. No. 5-2006; 2-16-2016 by Ord. No. 6-2016]
(1)
Bulk requirements: Clustering option - R-1.
(a)
Area: one unit per 10 acres, with a minimum building lot of 40,000 square feet.
(b)
Front yard: a minimum of 50 feet, 75 feet for lots in excess of 1.5 acres.
(c)
Side yard: a minimum of 20 feet.
(d)
Rear yard: a minimum of 50 feet.
(e)
Lot width: a minimum of 150 feet.
(f)
Lot disturbance: a maximum of 50%. In no instance shall lot disturbance exceed 40,000 square feet.
(g)
Building height: a maximum of 2 1/2 stories or 30 feet, with a forty-foot maximum height of any facade.
(h)
Setback of building from existing lakes, ponds, streams or wetlands shall be a minimum of 50 feet, measured from the one-hundred-year flood line. This setback shall include a ten-foot-wide vegetated buffer along at least 80% of the water's edge.
(2)
Either there shall be deeded to the Township of Byram for one or more of the following public purposes: undeveloped open land, recreational facilities, municipal administration buildings, public schools and school grounds, firehouses, police stations, libraries or post offices, or there shall be devoted to open space or recreational use in private ownership an area or areas shown on a plan approved by the Planning Board.
(3)
Where portions of a tract of land are to be reserved for open space or recreational use in private ownership under the cluster development provisions of this chapter, the subdivider shall file with the Planning Board covenants, agreements and other instruments deemed necessary and appropriate by the Board and its legal counsel to effectively guarantee that:
(a)
The lands reserved for open space in private ownership shall remain perpetually in open space, recreational use or public use.
(b)
There shall be established by the developer or the subdivider some legally responsible organization approved by the Planning Board and its legal counsel as to form and adequacy, which organization shall assume all obligations of ownership, including development and maintenance, as well as payment of taxes and other normal incidents of ownership.
(4)
In the processing of a major subdivision employing the use of open space development, as defined herein, the Planning Board's approval of the open space technique shall be subject to specific findings as to whether the technique is expected to promote one or more of the following desired objectives:
(a)
The provisions for playground or recreation areas in such a fashion as to be an integral part of the subdivision, with the emphasis being on pedestrian access to such areas.
(b)
The creation of undeveloped open spaces to avoid the monotony of development and to act as a unifying theme for the development in the manner of a greenbelt or like approach.
(c)
Protection against undue soil, vegetation and wildlife habitat disturbance.
(d)
Conservation of natural features such as streambeds, lakes, ponds, wooded areas, rock formations, significant views, etc.
(e)
Protection of floodplain and other sensitive views, etc.
(5)
In processing a major subdivision employing the use of cluster development zoning, as defined herein, the Planning Board's approval shall also be contingent upon the reasonable accessibility of the open spaces to all residents of the development if the open space technique is being employed in whole or in part to provide public or private playground or recreational facilities; in which event the Planning Board shall afford the Recreation Commission reasonable opportunity to offer nonbinding comment on the use of the proposed open spaces for recreational purposes before the Planning Board completes its action on the use of the open spaces technique, provided that such nonbinding comment is submitted within 35 days following referral to the Recreation Commission.
§ 240-52 R-2 Residence District.
[Added 4-17-1985; amended 9-7-1993 by Ord. No. 5-1993; 3-6-2006 by Ord. No. 5-2006]
A.
Primary intended uses: the same as for the R-1 Residence District.
B.
Prohibited uses: the same as for the R-1 Residence District.
C.
Required conditions. The following requirements must be complied with in the R-2 Residence District:
[Amended 5-7-2007 by Ord. No. 4-2007; 2-16-2016 by Ord. No. 6-2016]
(1)
Minimum lot area: five acres.
(2)
Front yard: a minimum of 100 feet.
(3)
Side yard: a minimum of 50 feet each.
(4)
Rear yard: a minimum of 75 feet.
(5)
Lot width (frontage): a minimum of 200 feet.
(6)
Lot disturbance: a maximum of 50%. In no instance shall lot disturbance exceed 40,000 square feet.
(7)
Building height: a maximum of 2 1/2 stories or 30 feet, with a forty-foot maximum height of any facade.
(8)
Setback of building from existing lakes, ponds, streams or wetlands shall be a minimum of 75 feet, measured from the one-hundred-year flood line. This setback shall include a ten-foot-wide vegetated buffer along at least 80% of the water's edge.
D.
Cluster option. Development of more than one lot may be achieved through clustering, lot size averaging or other similar density-based development techniques that maintain overall density while creating preserved open space through fee-simple lots or conservation easements. The following requirements must be complied with for a cluster option:
[Amended 5-7-2007 by Ord. No. 4-2007; 2-16-2016 by Ord. No. 6-2016]
(1)
Bulk requirements: clustering option - R-2.
(a)
Area: one unit per five acres, with a minimum building lot of 40,000 square feet.
(b)
Front yard: a maximum of 50 feet, 75 feet for lots in excess of 1.5 acres.
(c)
Side yard: a minimum of 20 feet.
(d)
Rear yard: a minimum of 50 feet.
(e)
Lot width: a minimum of 150 feet.
(f)
Lot disturbance: a maximum of 50%. In no instance shall lot disturbance exceed 40,000 square feet.
(g)
Setback of building from existing lakes, ponds, streams or wetlands shall be a minimum of 50 feet, measured from the one-hundred-year flood line. This setback shall include a ten-foot-wide vegetated buffer along at least 80% of the water's edge.
(h)
Building height: a maximum of 2 1/2 stories or 30 feet, with a forty-foot maximum height of any facade.
(2)
Either there shall be deeded to the Township of Byram for one or more of the following public purposes: undeveloped open land, recreational facilities, municipal administration buildings, public schools and school grounds, firehouses, police stations, libraries or post offices, or there shall be devoted to open space or recreational use in private ownership an area or areas shown on a plan approved by the Planning Board.
(3)
Where portions of a tract of land are to be reserved for open space or recreational use in private ownership under the cluster development provisions of this chapter, the subdivider shall file with the Planning Board covenants, agreements and other instruments deemed necessary and appropriate by the Board and its legal counsel to effectively guarantee that:
(a)
The lands reserved for open space in private ownership shall remain perpetually in open space, recreational use or public use.
(b)
There shall be established by the developer or the subdivider some legally responsible organization approved by the Planning Board and its legal counsel as to form and adequacy, which organization shall assume all obligations of ownership, including development and maintenance, as well as payment of taxes and other normal incidents of ownership.
(4)
In the processing of a major subdivision employing the use of open space development, as defined herein, the Planning Board's approval of the open space technique shall be subject to specific findings as to whether the technique is expected to promote one or more of the following desired objectives:
(a)
The provisions for playground or recreation areas in such a fashion as to be an integral part of the subdivision, with the emphasis being on pedestrian access to such areas.
(b)
The creation of undeveloped open spaces to avoid the monotony of development and to act as a unifying theme for the development in the manner of a greenbelt or like approach.
(c)
Protection against undue soil, vegetation and wildlife habitat disturbance.
(d)
Conservation of natural features such as streambeds, lakes, ponds, wooded areas, rock formations, significant views, etc.
(e)
Protection of floodplain and other sensitive views, etc.
(5)
In processing a major subdivision employing the use of cluster development zoning, as defined herein, the Planning Board's approval shall also be contingent upon the reasonable accessibility of the open spaces to all residents of the development if the open space technique is being employed in whole or in part to provide public or private playground or recreational facilities; in which event the Planning Board shall afford the Recreation Commission reasonable opportunity to offer nonbinding comment on the use of the proposed open spaces for recreational purposes before the Planning Board completes its action on the use of the open spaces technique, provided that such nonbinding comment is submitted within 35 days following referral to the Recreation Commission.
§ 240-53 R-3 Residence District.
[Amended 7-71982; 4-17-1985; 9-7-1993 by Ord. No. 5-1993; 7-18-1994 by Ord. No. 5-1994; 7-17-1995 by Ord. No. 5-1995; 4-3-2000 by Ord. No. 6-2000; 3-6-2006 by Ord. No. 5-2006]
A.
Primary intended uses. The R-3 Residence District is designed for single-family residential use and permits:
(1)
All public buildings and public or institutional uses, family farms and family day care, but the procedure set forth in § 240-13 shall be followed.
(3)
Accessory uses customarily incidental to the above uses, provided that they do not include any activity commonly conducted for gain, unless specifically permitted in this section.
(5)
Home occupations.
(6)
No more than two roomers or boarders per family.
(7)
Farming and truck gardening, when products are not sold on the premises, provided that the keeping of any farm animal or fowl is only permitted in a building or other structure no part of which is closer to any residence, property line or public road than 250 feet.
[Added 7-7-1982]
C.
Required conditions. The following requirements shall be met in the R-3 Residence District:
(1)
Area: a minimum of 40,000 square feet.
(2)
Front yard: a minimum of 50 feet, 75 feet for lots in excess of 1.5 acres.
(3)
Side yard: a minimum of 20 feet.
(4)
Rear yard: a minimum of 50 feet.
(5)
Lot width: a minimum of 150 feet.
(6)
Lot disturbance: a maximum of 50% of lot. In no instance shall lot disturbance exceed 40,000 square feet.
[Amended 2-16-2016 by Ord. No. 6-2016]
(7)
Building height: a maximum of 2 1/2 stories or 30 feet, with a forty-foot maximum height of any facade.
[Amended 5-7-2007 by Ord. No. 4-2007; 2-16-2016 by Ord. No. 6-2016]
(9)
Setback of building from existing lakes, ponds, streams or wetlands shall be a minimum of 50 feet, measured from the one-hundred-year flood line. This setback shall include a ten-foot-wide vegetated buffer along at least 80% of the water's edge.
[Amended 2-16-2016 by Ord. No. 6-2016]
§ 240-54 R-4 Residence District.
[Amended 7-7-1982; 9-7-1993 by Ord. No. 5-1993; 7-17-1995 by Ord. No. 5-1995; 4-3-2000 by Ord. No. 6-2000; 3-6-2006 by Ord. No. 5-2006]
A.
Primary intended uses. The R-4 Residence District is designed for single-family residential use and permits:
(1)
All public buildings and public or institutional uses, family farms and family day care, but the procedure set forth in § 240-13, as appropriate, must be followed.
(3)
Accessory uses customarily incidental to the above uses, provided that they do not include any activity commonly conducted for gain, unless specifically permitted in this section.
(5)
Home occupations.
(6)
No more than two roomers or boarders per family.
(7)
Farming and truck gardening when products are not sold on the premises, provided that the keeping of any farm animal or fowl is only permitted in a building or other structure no part of which is closer to any residence, property line or public road than 250 feet.
C.
Required conditions. The following requirements shall be met in the R-4 Residence District:
(1)
Area: a minimum of 20,000 square feet.
(2)
Front yard: a minimum of 35 feet.
(3)
Side yard: a minimum of 15 feet.
(4)
Rear yard: a minimum 40 feet.
(5)
Lot width: a minimum of 100 feet.
(6)
Lot disturbance: a maximum of 50% of lot. In no instance shall lot disturbance exceed 20,000 square feet.
[Amended 2-16-2016 by Ord. No. 6-2016]
(7)
Building height: a maximum of 2 1/2 stories or 25 feet, with a thirty-five-foot maximum height of any facade.
[Amended 5-7-2007 by Ord. No. 4-2007; 2-16-2016 by Ord. No. 6-2016]
(9)
Setback of building from existing lakes, ponds, streams or wetlands shall be a minimum of 50 feet, measured from the one-hundred-year flood line. This setback shall include a ten-foot-wide vegetated buffer along at least 80% of the water's edge.
[Amended 2-16-2016 by Ord. No. 6-2016]
§ 240-55 R-5 Residence District.
[Amended 9-7-1993 by Ord. No. 5-1993; 7-18-1994 by Ord. No. 5-1994; 7-17-1995 by Ord. No. 5-1995; 4-3-2000 by Ord. No. 6-2000; 3-6-2006 by Ord. No. 5-2006]
A.
Primary intended uses. The R-5 Residence District is designed for single-family residential use and permits:
(1)
All public buildings and public or institutional uses, family farms and family day care, but the procedure set forth in § 240-13, as appropriate, must be followed.
(3)
Accessory uses customarily incidental to the above uses, provided that they do not include any activity commonly conducted for gain, unless specifically permitted in this section.
(5)
Home occupations.
C.
Required conditions. The following requirements shall be met in the R-5 Residence District:
(1)
Area: a minimum of 10,000 square feet.
(2)
Front yard: a minimum of 35 feet.
(3)
Side yard: a minimum of 15 feet.
(4)
Rear yard: a minimum of 20 feet.
(5)
Lot width: a minimum of 100 feet.
(6)
Lot disturbance: a maximum of 50% of lot. In no instance shall lot disturbance exceed 10,000 square feet.
[Amended 2-16-2016 by Ord. No. 6-2016]
(7)
Building height: a maximum of 2 1/2 stories or 25 feet, with a thirty-five-foot maximum height of any facade.
[Amended 5-7-2007 by Ord. No. 4-2007; 2-16-2016 by Ord. No. 6-2016]
(9)
Setback of building from existing lakes, ponds, streams or wetlands shall be a minimum of 50 feet, measured from the one-hundred-year flood line. This setback shall include a ten-foot-wide vegetated buffer along at least 80% of the water's edge.
[Amended 2-16-2016 by Ord. No. 6-2016]
§ 240-55.1 MF Multifamily Residential District.
[Added 12-17-2013 by Ord. No. 13-2013]
A.
Purpose and intent. The MF Multifamily Residential District permits the adaptive reuse of the Consolidated School building and associated property as a multifamily housing development. The reuse of the building will maintain the look and architectural character of a building that has been a part of the community for nearly 80 years. The adaptive reuse of the site will limit construction activities to previously disturbed areas at the front of the site, providing maximum buffering to the wetlands in the rear of the property. All new development, as well as any change, alteration and/or rehabilitation of existing structures or uses, shall be subject to the standards and objectives in Article XIII of Chapter 240.
B.
Permitted uses:
(1)
The adaptive reuse of the existing building as multifamily housing.
(2)
Educational use.
(3)
Municipal use.
(5)
Accessory uses customarily incidental to the above uses, provided they do not include any activity commonly conducted for gain, unless specifically permitted in this section.
(7)
Home occupations.
C.
Zoning bulk requirements:
(1)
Minimum tract size: five acres.
(2)
Maximum number of dwelling units: 4.1.
(3)
Maximum number of dwelling units: 21.
(4)
Front yard: 20 feet.
(5)
Side yards: 75 feet.
(6)
Rear yard: 250 feet.
(7)
Maximum building height: three stories or 35 feet, whichever is less.
(8)
Maximum building coverage: 7% of the property.
(9)
Maximum lot coverage: 25% of the property, including all buildings and impervious cover.
(10)
Maximum lot disturbance: 60% of the property.
(11)
Off-street parking shall conform to RSIS standards.
(13)
Trash collection. There shall be an area or areas concealed from sight for the orderly deposit and pickup of trash and recyclable materials.
D.
Affordable housing requirements. The reuse of the existing building as multifamily housing requires that 15% of the residential units be deed-restricted as affordable housing if the project is a rental project and that 20% of the residential units be deed-restricted as affordable housing if the project is a for-sale project. All affordable units would be subject to any applicable Council on Affordable Housing rules and be compliant with the Uniform Construction Code.
§ 240-56 VB Village Business District.
[Added 3-6-2006 by Ord. No. 5-2006[1]; amended 9-17-2007 by Ord. No. 20-2007; 11-2-2015 by Ord. No. 18-2015; 12-6-2016 by Ord. No. 30-2016; 6-20-2017 by Ord. No. 10-2017]
A.
Purpose and intent. The purpose and intent of the VB Village Business District is to complement and be architecturally influenced by the primary focal point of new development in the Village Center (VC) Mixed-Use District. The purpose of the VB Village Business District is to:
(1)
Maintain existing commercial uses and encourage additional economic development in the Township's commercial areas. The uses in this district are intended to be complementary to existing businesses, provide additional retail and service businesses, and be compatible with the surrounding residential uses in order to promote implementation of the objectives and goals of the Township's Sustainable Economic Development Plan.
(2)
Plan for new commercial development and promote the redesign or redevelopment of existing commercial uses to establish a more village-like downtown that better accommodates pedestrians and bicyclists and promotes certain architectural and landscape elements. The intent is to transform the high-speed, auto-oriented thoroughfare typical of highway-strip development into a neo-traditional "Main Street" to attract residents and visitors.
(3)
Encourage suitable new development and to revitalize existing commercial development in proximity to the Village Center District through specific commercial uses and a limited number of apartment-style residential units above the first floor. This zone is not intended for single-family, townhouse or condominium residential development.
(4)
Provide both vehicular- and pedestrian-oriented commercial services to existing residential neighborhoods and the regional market area as defined in the Township's Sustainable Economic Development Plan.
(5)
Where feasible and appropriate, integration of green infrastructure (nonstructural mechanisms and elements) is the preferred approach in the management of stormwater.
B.
Permitted uses.
(1)
Banks and financial institutions including drive-through.
(2)
Banquet halls and catering facilities.
(3)
Bars and taverns.
(4)
Bed-and-breakfasts, inns and hotels.
(5)
Brewpubs and microbreweries.
(6)
Community residence for the developmentally disabled.
(7)
Community shelter for victims of domestic violence.
(8)
Dry-cleaning and laundry pickup stations.
(9)
Funeral homes.
(10)
Government, fraternal, civic, charitable, and emergency services/organizations.
(11)
Health and fitness centers.
(12)
Indoor commercial recreation facilities.
(13)
Neighborhood shopping centers.
(14)
Pharmacies including drive-through.
(15)
Professional and medical offices.
(16)
Restaurants including drive-through.
(17)
Retail sales.
(18)
Retail services.
(19)
Veterinary offices.
C.
Conditional uses.
(1)
Apartments as second principal uses on the second floor.
(2)
Assisted living facilities and nursing homes.
(3)
Automobile car wash.
(4)
Dry-cleaning and laundry establishments (with non-PERC/PCE solvents).
(5)
Lawn and garden center.
(6)
Outdoor dining.
(7)
Sidewalk cafes.
(8)
Outdoor displays and sidewalk sales.
(9)
Regional shopping centers.
(10)
Tent sales and special events.
D.
Prohibited uses.
(1)
Any use not specifically permitted in the zone.
(2)
Automobile dealership.
(3)
Automobile fueling stations.
(4)
Automobile repair shop.
(5)
Junkyard or salvage yard.
(6)
Landscaping and home improvement contractors.
(7)
Light industry.
(8)
Manufacturing.
(9)
Outdoor advertising or billboard.
(10)
Retail warehouse.
(11)
Self-storage facility.
(12)
Sexually oriented business.
(13)
Warehousing.
E.
Zoning bulk requirements.
(1)
Tract size: a minimum of 20,000 square feet, measured within 100 feet of the front property line.
(2)
Building footprint: a maximum of 40% of the property.
(3)
Front yard: not less than 45 feet and not more than 55 feet. There shall be no more than one row of off-street parking within the front yard. The front yard shall contain four feet of landscaping buffer between the parking area and sidewalk.
(4)
Side yards: not less than 10 feet, with one side yard to be no less than 30 feet to accommodate an alley to provide access to the rear parking area, unless there is a shared alley with the adjacent property for access to rear parking. The side yards shall contain four feet of landscaping buffer. The side yards shall contain a six-foot-wide sidewalk that provides access from the rear parking area to the front of the building, unless there is a shared sidewalk with adjacent property for access to rear parking.
(5)
Building separation. The minimum separation distance between buildings shall be 10 feet.
(6)
Rear yard: not less than 20 feet from rear property line to a principal or accessory structure and not less than four feet from the edge of paved parking area. The rear yard shall contain four feet of landscaping buffer or fencing at the discretion of the Planning Board.
(7)
Maximum building height: three stories or 40 feet, whichever is less.
(8)
Minimum building height: two stories or 20 feet, whichever is less.
(9)
Maximum lot coverage: 75% of the property, including all buildings and impervious cover.
(10)
(11)
Off-street parking.
(b)
Off-street parking is not permitted in the side yards. Where commercial land uses abut residential uses, a landscaped buffer strip of 20 feet shall be required; however, for lots with a lot width of less than 200 feet, the buffer shall be 10% of the lot width, but in no case shall the buffer be less than 10 feet.
(c)
Off-street parking is permitted in the front yard. There shall be no more than one row of off-street parking within the front yard. The front yard shall contain four feet of landscaping buffer between the parking area and any sidewalk.
(d)
Off-street parking is permitted in the rear yard. Parking areas shall be no closer than 10 feet to any building or the rear property line. Parking is allowed up to the side property line when adjacent properties share an alley for access to rear parking. Where commercial land uses abut residential uses, a landscaped buffer strip of 20 feet shall be required; however, for lots with a lot depth of less than 200 feet, the buffer shall be 10% of the lot depth, but in no case shall the buffer be less than 10 feet.
(e)
A minimum of one loading space is required.
(12)
Rear entrance shall be provided for public access to the principal building from rear parking area.
(13)
Landscape buffer. Where commercial land uses abut residential uses, a landscaped buffer strip of 20 feet shall be required; however, for lots with a lot width or lot depth of less than 200 feet, the buffer shall be 10% of the lot width or lot depth, but in no case shall the buffer be less than 10 feet.
(14)
Minimum setback from Lubbers Run: 200 feet or as required by the New Jersey Department of Environmental Protection, whichever is greater.
(15)
Trash collection. There shall be an area or areas in the rear yard which is concealed from sight by a permanent structure for the orderly deposit and pickup of trash and recyclable materials.
F.
Subdivision requirements.
(1)
Any site plan submitted for subdivision approval for two or more lots must include provisions for shared driveway access to rear parking areas, limiting the number of driveway curb cuts providing access to the state highway.
G.
Design standards — provided here for reference.
[1]
Editor's Note: This ordinance also superseded former § 240-56, Highway Business District, as amended.
§ 240-57 NC Neighborhood Commercial District.
A.
Purpose and intent. The purpose and intent of the NC Neighborhood Commercial District is to:
(1)
Maintain existing commercial uses and encourage additional economic development in the Township's commercial areas. The uses in this district are intended to be complementary to existing businesses, provide additional retail and service businesses, and be compatible with the surrounding residential uses in order to promote implementation of the objectives and goals of the Township's Sustainable Economic Development Plan.
(2)
Provide both vehicular- and pedestrian-oriented commercial services to existing residential neighborhoods. The NC District is not intended for uses that, due to size or method of operation, increase truck traffic in the neighboring community.
(3)
Where feasible and appropriate, integration of green infrastructure (nonstructural mechanisms and elements) is the preferred approach in the management of stormwater.
B.
Permitted uses.
(1)
Banks and financial institutions including drive-through.
(2)
Banquet halls and catering facility.
(3)
Bars and taverns.
(4)
Bed-and-breakfasts, inns and hotels.
(5)
Brewpubs and microbreweries.
(6)
Community residence for the developmentally disabled.
(7)
Community shelter for victims of domestic violence.
(8)
Dry-cleaning and laundry pickup stations.
(9)
Government, fraternal, civic, charitable, and emergency services/organizations.
(10)
Health and fitness centers.
(11)
Neighborhood shopping centers.
(12)
Outdoor commercial recreation facilities.
(13)
Pharmacies including drive-through.
(14)
Professional and medical offices.
(15)
Restaurants including drive-through.
(16)
Retail sales.
(17)
Retail service.
(18)
Veterinary offices.
C.
Conditional uses.
(1)
Apartments as second principal uses on the second floor.
(2)
Assisted living facilities and nursing homes.
(3)
Automobile repair shop.
(4)
Dry-cleaning and laundry establishments (with non-PERC/PCE solvents).
(5)
Landscaping and home improvement contractors.
(6)
Lawn and garden center.
(7)
Outdoor retail sales.
(8)
Outdoor dining.
(9)
Sidewalk cafes.
(10)
Outdoor displays and sidewalk sales.
(11)
Outdoor entertainment.
(12)
Self-storage facility.
(13)
Tent sales and special events.
D.
Prohibited uses.
(1)
Any use not specifically permitted in the zone.
(2)
Automobile car wash.
(3)
Automobile dealership.
(4)
Automobile fueling stations.
(5)
Junkyard or salvage yard.
(6)
Light industry.
(7)
Manufacturing.
(8)
Outdoor advertising or billboard.
(9)
Retail warehouse.
(10)
Sexually oriented business.
(11)
Warehousing.
E.
Zoning bulk requirements.
(1)
Tract size: a minimum of 20,000 square feet, measured within 200 feet of the front property line.
(2)
Building footprint: a maximum of 40% of the property.
(3)
Front yard: not less than 65 feet and not more than 80 feet. There shall be no more than two rows of off-street parking within the front yard. The front yard shall contain four feet of landscaping buffer between the parking area and any sidewalk.
(4)
Side yards: not less than 10 feet when abutting a right-of-way or residential use. No minimum setback required when abutting a similarly zoned lot except for the purpose of accessing the rear yard or for on-site circulation.
(5)
Rear yard: not less than 20 feet from rear property line to a principal or accessory structure and not less than 10 feet from the edge of paved parking area.
(6)
Building separation. The minimum separation distance between buildings shall be 10 feet.
(8)
Lot coverage: a maximum of 70% of the property.
(9)
Off-street parking.
(b)
Off-street parking is not permitted in the side yards. Where commercial land uses abut residential uses, a landscaped buffer strip of 20 feet shall be required; however, for lots with a lot width of less than 200 feet, the buffer shall be 10% of the lot width, but in no case shall the buffer be less than 10 feet.
(c)
Off-street parking is permitted in the front yard. There shall be no more than two rows of off-street parking within the front yard. The front yard shall contain four feet of landscaping buffer between the parking area and any sidewalk.
(d)
Off-street parking is permitted in the rear yard. Parking areas shall be no closer than 10 feet to any building or the rear property line. Parking is allowed up to the side property line when adjacent properties share an alley for access to rear parking. Where commercial land uses abut residential uses, a landscaped buffer strip of 20 feet shall be required; however, for lots with a lot depth of less than 200 feet, the buffer shall be 10% of the lot depth, but in no case shall the buffer be less than 10 feet.
(e)
A minimum of one loading space is required.
(10)
Landscape buffer. Where commercial land uses abut residential uses, a landscaped buffer strip of 20 feet shall be required; however, for lots with a lot width or lot depth of less than 200 feet, the buffer shall be 10% of the lot width or lot depth, but in no case shall the buffer be less than 10 feet.
(11)
Trash collection. There shall be an area or areas in the rear yard which is concealed from sight by a permanent structure for the orderly deposit and pickup of trash and recyclable materials.
F.
Accessory use standards.
(1)
Outdoor storage for outdoor commercial recreation facilities shall be limited to defined areas of the site that do not exceed 50% of the lot area and shall be demarcated within those defined areas on the site. The demarcation may consist of landscaping and/or fencing to create an attractive border.
G.
Subdivision requirements.
(1)
Any site plan submitted for subdivision approval for two or more lots must include provisions for shared driveway access to rear parking areas, limiting the number of driveway curb cuts providing access to the state highway.
H.
Design standards - provided here for reference.
[1]
Editor's Note: This ordinance also superseded former § 240-57, B-2 Shopping Center District, as amended.
§ 240-58 C-R Commercial Recreation District.
A.
Primary intended uses. The C-R Commercial Recreation District is designed to permit certain commercial, recreational and open-air uses limited to golf courses, golf driving ranges, pitch-and-putt courses, riding stables, swim clubs, tennis clubs, picnic grounds, children's camps, campsites and retail sales and services that are accessory to these recreational activities, provided that:
(1)
Such uses are located on tracts of land not less than 20 acres.
(2)
No structure shall be constructed closer than 100 feet to any public thoroughfare nor 100 feet from any other property line.
(3)
Uses commonly associated with amusement parks, such as Ferris wheels or other moving rides, including trains, cars or wagons, are expressly prohibited.
(4)
The use shall be conducted in such a manner that there shall be no direct or sky-reflected glare exceeding 0.5 footcandle, measurable at the property line of the lot occupied by such use. The only lighting permitted to illuminate the area shall be of such a nature that the direct source of light is not visible from any street or any adjoining property.
(5)
The design of any pitch-and-putt course, golf course, golf driving range or any permitted accessory use shall be of such a nature so as to ensure against the possibility of damage to any adjoining property or injury to any person using a public right-of-way. No barriers for the elimination of such hazards exceeding six feet in height shall be allowed within 200 feet of any public right-of-way.
(6)
Grounds and camping sites shall be limited to seasonal operation between April 1 and October 31, subject to the following additional requirements:
B.
Height. No structure shall exceed a maximum of two stories in height or 28 feet in height, whichever is the lesser.
[Amended 7-17-1995 by Ord. No. 5-1995]
C.
Maximum density of campsites. There shall be a minimum ground cover density as prescribed by the New Jersey Campground Code.
D.
Site plan review. Prior to the issuance of a building permit or certificate of occupancy, the Planning Board shall review and approve a site plan.
E.
Off-street parking. Off-street parking areas shall be provided to ensure one-hundred-percent off-street parking to all participants at all times under all conditions, including the requirements of § 240-38B.
F.
Residential use. There shall be no residential use within the C-R District, except that there shall be permitted on any lot, parcel or tract located within the C-R District one residential quarters for an owner, watchman or caretaker and his or her family. All other residential structures within the C-R District shall be prohibited.
§ 240-59 VC Village Center Form-Based Code.
[Added 6-20-2017 by Ord. No. 10-2017[1]]
The Byram VC - Village Center Zone shall be considered a Form-Based Code Planned Development, in accordance with the Municipal Land Use Law requirements. The planned development will be consistent with the standards and intent set forth in this code. The Planning Board shall find the following facts and conclusions: | ||
a. | That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning ordinance standards pursuant to Subsection 52c. of this act;[2] | |
b. | That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location, and purpose of the common open space are adequate; | |
c. | That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate; | |
d. | That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established; | |
e. | In the case of a proposed development, which contemplates construction over a period of years, that in the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate. | |
The Byram VC - Village Center Zone shall be developed in accordance with the standards contained in this section and the standards and objectives of Article XIV (Affordable Housing) of the Byram Township Land Development Ordinance, as well as Chapters 45 and 215. Where standards are in conflict, the provisions or standards of this section shall control. | ||
The primary intent of this section of the Land Development Ordinance is to establish the VC Zone and create a regulatory framework to implement the Form-Based Code. This section applies to area described below, and as designated by the Highlands Council as the Byram Village Center. | ||
A.
Village Center Zone - location and description.
(1)
For the purposes of this code, the Village Center is composed of two lots: Block 365, Lot 2 (HRS Drilling Company, Incorporated), and Block 365, Lot 5 (Western World, Incorporated). The Village Center encompasses lands immediately adjacent to Lackawanna Drive and Route 206. It is approximately 56 acres in size and is located along Route 206. The Village Center is bound by Route 206 to the west, Lackawanna Drive to the north, the Wild West City Theme Park to the east, and the East Brookwood neighborhood (under the current R-2, R-3, and R-4 Residential Zones) to the south.
(2)
Four other properties are also included within the VC Zone boundary: Block 365, Lot 1.03, containing the DOT's detention basin and Lackawanna Drive realignment area; Block 365, Lot 1.01, 56 Route 206, containing the Byram Car Wash (automobile car wash); Block 365, Lot 1.02, 58 Route 206, containing the Mavis Tire Sales (automobile repair shop); and Block 365, Lot 3, containing a historic cemetery and included in the preserved land in the southern portion of the VC Zone. These properties are subject to the VC Zone, however, the existing uses Block 365, Lot 1.01, 56 Route 206, containing the Byram Car Wash (automobile car wash); Block 365, Lot 1.02, 58 Route 206, containing the Mavis Tire Sales (automobile repair shop) shall be regulated by the VB Zone standards.
B.
Intent, vision and principles.
(2)
Smart growth. The area is intended to take advantage of its central location and proximity to community amenities and infrastructure. The primary purpose is to provide for carefully planned development through mixed uses and specific commercial and residential developments, oriented around new civic buildings and public spaces. The area is intended to provide pedestrian-oriented commercial services to future and existing residential neighborhoods and to create a new "center" as a community focus for the Township. The commercial and residential areas within the Village Center must be well integrated to create a neo-traditional, pedestrian-oriented, village-like development. The intent of the Plan is to encourage new development while still providing for open space, common greens, and civic centers.
(3)
Affordable housing. The Village Center is designated as the Township's smart growth approach to aid in satisfying its Second and Third Round Mt. Laurel Superior Court Judgment of Compliance. The Village Center allows for additional commercial development if affordable rental apartments are included in mixed-use buildings, creating a mix of residential over commercial in the village. The Township specifically withheld the remaining (40,000 gpd) sewer gallonage allotted to it to provide the density necessary to provide for affordable housing through the Third Round. The number of rental units mandated by this Plan will utilize the existing infrastructure and provide housing in the limited extent of the Highlands Planning Area, rather than attempting to increase density in the Preservation Area. The mandatory set aside of affordable units in the Village Center is to be internally subsidized by the market rate housing and the market commercial development.
(4)
Vision.
(a)
The Village Center Form-Based Code envisions the highest density of development adjacent to Route 206 or Lackawanna Drive. Such development would consist of mixed-use retail with office and residential spaces on upper floors. The interior of the Village Center is intended to feature a central green with civic buildings having a high degree of pedestrian uses. Surrounding the green and in relation to protected open space should be a mix of housing types creating identifiable neighborhoods.
(b)
Village Center Form-Based Code concept is designed to permit a planned development with a mixture of land uses that collectively will generate less vehicular traffic and encourage pedestrian activity to the maximum extent possible. The area will consist of a dynamic mixture of shops, offices, entertainment, housing, recreation and community facilities. Accordingly, this design envisions the best aspects of small village downtowns, while providing connections to greenways and trails. A village green is the central focal point of the center. The green is surrounded by a mix of housing types, civic uses, retail shops and has multiple connections to nearby retail uses along Route 206 and trailways. Entertainment and mixed uses are arranged to enhance community life. Small locally owned stores benefit from foot traffic generated between them and nearby parking. Housing located in the center creates a twenty-four-hour presence and is convenient for seniors and others who place a high value on convenience and proximity to activity.
(c)
A mixture of land uses is a critical component in creating a vibrant center. While the existence of attractive buildings aids in establishing the market for the center, a mix of land uses results in diversity necessary for a successful center. Typically, the most successful centers encourage uses ranging from retail sales and service, office on upper floors, public buildings, public spaces, entertainment and residences. Almost without exception, all successful centers have residents living within and around the center, which encourages "after hour" vitality. In creating a center, one of the primary goals is to encourage this diverse mixture of people, stores, services, and attractions.
(5)
Principles. The Village Center's design and implementation through this Form-Based Code is based on a philosophy of smart and sustainable development, as reflected in the following set of principles:
(a)
Smart growth principles.
[1]
Create an attractive diverse community of mixed-use development, open space, civic buildings and residential uses to create a vibrant center.
[2]
Provide well-designed public places and open spaces to accommodate and promote active community use, which includes larger organized community events and activities.
[3]
Build upon the planned neo-traditional retail development along Route 206 and redevelop portions of existing development in keeping with new zoning and design standards.
[4]
Protect the area from strip or big-box development.
[5]
Coordinate investment for roads, water and sewerage facilities, schools, transportation, and other public facilities to support new growth in areas designated for growth.
[6]
Enhance the visual character and beauty of the Township through preservation of important visual corridors, landscaping, and perpetuation of the architectural themes consistent with Waterloo Village and this plan.
[7]
Promote economic development by encouraging retail, trade, service and tourism uses, particularly in relation to historic and recreational sites and cultural events.
(b)
Land use principles.
[1]
Develop the area at a density that creates a sense of place, encourages pedestrian activity and uses infrastructure efficiently.
[2]
Encourage housing on upper floors above retail stores in order to provide the necessary residential critical mass to make the project feasible.
[3]
Create a pedestrian-friendly center easily accessible from neighboring residential areas.
[4]
Offer enhanced social, environmental, economic and aesthetic development design.
(c)
Environmental principles.
[1]
Support environmental stewardship through reduced land consumption, improved water and air quality, protection of natural resources and attractive landscapes, and permanent preservation of substantial open space.
[2]
Integrate on-site natural features into future development.
[3]
To preserve substantial open space and protect environmentally sensitive lands, natural resources and attractive landscapes.
[4]
Provide open space amenities for all residents in the center and surrounding areas.
(d)
Infrastructure principles.
[1]
Create pedestrian walkways, bikeways, and other pathways to enhance both the ability and desirability of walking and bicycling.
[2]
Design interior roadways to meet the needs of motor vehicles, pedestrians and bicyclists.
[3]
Provide sufficient parking spaces to support demand while providing opportunities to reduce automobile trips through development design and opportunities for shared parking.
[4]
Encourage lateral connections between parking lots.
[5]
Provide, maintain and expand utilities, community facilities and services necessary for the area.
[6]
Where feasible and appropriate, integration of green infrastructure (nonstructural mechanisms and elements) is the preferred approach in the management of stormwater.
(e)
Affordable housing principles.
[1]
Provide the affordable housing for Township citizens including seniors, young professionals, young families and working adults in a traditional neighborhood within the Township.
[2]
Aid in meeting the Township Second and Third Round COAH obligation in the only remaining area of the Township with adequate utility infrastructure and sewer allocation within the Highlands Planning Area.
(f)
Design principles.
[1]
Foster small-town charm as a key design element for future development.
[2]
Create building design that ensures privacy, safety and contributes to the long-term desirability of the community.
[3]
Require mixed-use buildings and new or redeveloped commercial construction to be located in close proximity to the street to create an inviting pedestrian-friendly environment.
[4]
Utilize landscaping and theme signage to accentuate the natural and built environment, connectivity and community identity.
C.
Form-Based Code: components of the Code.
(1)
Form-Based Code. According to the Form Based Code Institute (2008), a form-based code is defined as "a means of regulating development to achieve a specific urban form. The Code addresses the relationship between building facades and the public realm, the form, and mass of buildings in relation to one another, and the scale and types of streets and blocks. The regulations and standards are keyed to a regulating plan that designated the appropriate form and scale of development." Form-based codes are regulatory and are intended to serve as a tool to designate the locations where different building uses apply, while enforcing appropriate bulk standards and design guidelines, per the Township's ordinance.
(2)
Components of the Code:
(a)
(b)
Each of these components are defined and described below:
[1]
District Regulating Map (Map 2,[9] as attached and adopted as part of the Zone Map of the Township of Byram). The Regulating Plan serves as the zoning map in the VC. The district boundaries established by Map 2: District Regulating Map shall supersede the boundaries of any existing zoning within the Village Center Zone. The Regulating Plan specifically regulates locations of the various residential, commercial uses, and green spaces permitted within the VC Zone. The Regulating Plan also depicts the street network, open space, and overall land use plan of the VC. The Regulating Plan ensures compliance with the zone and district standards and design standards presented in this Code. Any deviation from the land uses designated in the Regulatory Plan requires a use variance.
[b]
The following districts are also delineated on the District Regulating Map and will follow specific standards as established by the development standards and the appropriate authority:
[i]
Preserved Open Space (Byram Township/Highlands Commission).
[ii]
Roads (New Jersey Department of Community Affairs Residential Site Improvement Standards, N.J.A.C. 5:21-1.1; Byram Township LU Ordinance/AASHTO Standards).
[iii]
DOT Detention Basin (New Jersey State Department of Transportation).
[iv]
DOT Realignment Area (New Jersey State Department of Transportation).
[9]
Editor's Note: Said map is on file in the Township offices.
[2]
Zone standards. The zone standards subsection establishes the primary goals and the general development regulations including the uses, coverage and deviations permitted on the Village Center Zone as a whole.
[3]
District standards. The district standards subsection establishes the uses, lot sizes, setbacks, building heights, and the other applicable standards in each VC District. Any deviation from the principal permitted uses requires a "d" variance.
[4]
Density Regulating Map (Map 3,[10] as attached and adopted as part of the Zone Map of the Township of Byram). The Density Regulating Map illustrates the maximum amount of development permitted in each VC District - either in number of residential units, in square feet of nonresidential development or both. The density standards shall apply to all proposed buildings within all VC districts to comply with the Highlands Council and the available infrastructure for the VC Zone. Any deviation from the Density Regulating Map requires a variance in accordance with the Municipal Land Use Law.[11] Increase in the total amount of development is not permitted.
[5]
Height Regulating Map (Map 4,[12] as attached and adopted as part of the Zone Map of the Township of Byram). The Height Regulating Map illustrates the maximum building height in stories and feet permitted in each VC district. The height standards shall apply to all proposed buildings within all VC districts. Any deviation from the Height Regulating Map requires a variance in accordance with the Municipal Land Use Law.[13]
[6]
Architectural standards. The architectural standards regulate the architectural elements of a building and set the parameters for configurations, styles, construction techniques, and desired materials. The standards also regulate the design of various elements of the buildings within the districts including facades, roofs, fences, walls, and awnings. Any deviations shall be considered design standard waivers in accordance with the Byram Land Use Ordinance and the Municipal Land Use Law.[14]
[14]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[7]
Development standards. The development standards regulate the site planning and improvement within the VC Zone. These include parameters for parking, loading and service areas; streets and streetscaping; landscaping; lighting; and utilities and infrastructure. Any deviations shall be considered design standard waivers in accordance with the Byram Land Use Ordinance and the Municipal Land Use Law.[15]
[15]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[8]
Illustrative Site Layout/Building Use Plan (Map 5).[16]
[a]
The illustrative site layout/building use plan serves as the preferred relationship of buildings, commercial areas, and parking, based on the regulatory plan and the remainder of the bulk requirements and design standards. The illustrative plan specifically depicts the parcel layout, pedestrian network, open space amenities, and overall preferred building locations for the VC. However, it is recognized that the core principles of the illustrative plan contained herein can be applied in many different and creative ways. Therefore, although the proposed design elements depicted in the illustrative plan are binding in principle as elements of the final outcome, flexibility is allowed in the manner that these improvements are ultimately designed by the property owner/applicant and built.
[b]
It is proposed that a maximum deviation of 20% of the parcel layout, pedestrian network, open space amenities, and overall preferred building locations of the VC, depicted in the illustrative plan is permitted. Deviation from this requirement would require a design waiver from the illustrative plan. All development applications must file for major subdivision and preliminary and final site plan before the Township's Planning Board.
[16]
Editor's Note: Said map is on file in the Township offices.
D.
VC Zone standards.
(1)
Tract standards.
Provision | Requirement | |
|---|---|---|
Minimum tract | Block 365, Lot 2, and Block 365, Lot 5, approximately 56 acres in size. | |
Total tract impervious coverage | Maximum 50% of total tract area. | |
Commercial space (buildings) | Maximum of 90,550 square feet of nonresidential area, including retail, office and other commercial space. | |
Preserved open space | Minimum 45% of tract area, including environmentally sensitive areas, stream corridors and critical habitats. | |
Municipal use area | 1. | Minimum of 2 acres located on the village green, which shall include a public park. |
2. | A 12,000-square-foot building for municipal purposes, such as use by the Township administratiotn for offices, community meeting space, to serve the public interest of the residents of Byram Township. | |
3. | Mature or specimen trees shall be preserved, and trails and park amenities and furniture shall be included. This open space requirement shall not include lawn or landscaped areas on private residential or commercial lots. | |
Perimeter setback | Minimum 15 feet to Village Center bBoundary. | |
Setback from Lubbers Run | Minimum of 300 feet or the setback required by NJDEP, whichever is greater. | |
Streets and drives | 1. | All areas identified as roads on Map 2: District Regulating Map will comply with the New Jersey Residential Site Improvement Standards (RSIS). |
2. | These areas will be designated as public right-of-way and shall be transferred to the Township for public use. | |
3. | Additional standards for design, streetscaping, and lighting are regulated through Subsection H, Development standards, of this code. | |
Signage | ||
Parking | Residential: in accordance with district standards of this code and RSIS. Nonresidential: in accordance with the district standards, and with the Township Combined Land Use Ordinance. | |
Use area boundaries | Minor deviation shall be considered within 5% of the land area and subject to site design waiver approval. Major deviation shall be considered from 5% to 20% of the land area and subject to "c" variance approval. In no case shall any deviation be greater than 20% of the land area. | |
(2)
Planning and phasing. The VC shall be developed under an overall preliminary and final major subdivision and preliminary and final site plan submission/approval process. The VC shall also be subject to a developer's agreement with the Township.
(4)
Preserved open space. Approximately 25 acres in the southern portion of the VC Zone are reserved as preserved open space, to comply with the Byram's Highlands Commission Plan Conformance Consistency Review Report (dated March 2010), as shown on Map 2: District Regulating Map.[17] According to the report, this preserved open space ". . .provides protection of approximately 25 acres . . .representing high integrity forest, Prime Ground Water Recharge Area and Critical Habitat in the Planning Area. . ." and "ensures that protected lands constitute contiguous forest resource lands, eliminating what would otherwise have been fragmented areas of open space, likely requiring significant areas of forest disturbance."
[17]
Editor's Note: Said map is on file in the Township offices.
(5)
DOT detention basin and realignment area. Approximately 3.9 acres in the northwest portion of the VC Zone contain a detention basin and the realignment of Lackawanna Drive going west from Route 206, as shown on Map 2: District Regulating Map.[18] These areas have been designed and developed by the New Jersey Department of Transportation.
[18]
Editor's Note: Said map is on file in the Township offices.
E.
District standards.
(1)
One-Family Residential District.
(a)
District purpose. One-family residential development is located in the interior of the Village Center and provides detached residential dwellings. The district provides for 30 units on approximately 6.56 acres (an average density of 4.6 dwelling units per acre), as shown on the Map 3: Density Regulating Map.[19]
[19]
Editor's Note: Said map is on file in the Township offices.
(b)
Permitted, accessory and conditional uses:
Permitted | Accessory | Conditional | |
|---|---|---|---|
One-family dwelling (principal) | Yes | ||
Garage - attached | Yes | ||
Garage - detached | Yes | ||
Parking | Yes | ||
Pool | Yes | ||
Shed/gazebo | Yes | ||
Deck/patio | Yes | ||
Public uses | Yes | ||
Public utilities | Yes |
(c)
Lot area, building coverage, massing and setbacks:
Standard | Minimum | Maximum |
|---|---|---|
Lot area | 8,500 square feet | 10,000 square feet |
Lot depth | 100 feet | None |
Lot width | 50 feet | 65 feet |
Street frontage | 50 feet | 65 feet |
Lot disturbance | None | 50% |
Principal building coverage | None | 15%, up to 2,000 square feet |
Building height | 1 story/15 feet | 2.5 stories/32 feet |
Garage (attached or detached) | 1-car garage | 2-car garage |
Front yard setback [1] | 12 feet | 20 feet |
Rear yard setback (principal building) | 30 feet | None |
Side yard setback | 5 feet one side, 12 feet combined | 10 feet one side, 30 feet combined |
Attached garage (rear-loaded, rear setback) | 20 feet from alley | None |
Detached garage (rear-loaded, rear setback) | 20 feet from alley | None |
Accessory buildings setback (shed) [2] | 5 feet from all property lines | None |
Accessory structure setback (pool, deck, etc.) [2] | 10 feet from all property lines | None |
NOTES: | |
|---|---|
[1] | Front porches are encouraged and may encroach into the front yard setback for up to a maximum of eight feet. |
[2] | Located behind front yard setback on any street line. |
(2)
Two- to Four-Family Residential District.
(a)
District purpose. Two- to four-family residential development is located in the interior of the Village Center and provides medium-density multistory, multifamily residential dwellings. They act as a transition between the mixed-use core and one-family areas. The district provides for eight units on approximately 1.6 acres (an average density of five units per acre), as shown on the Map 3: Density Regulating Map.[20]
[20]
Editor's Note: Said map is on file in the Township offices.
(b)
Permitted, accessory and conditional uses:
Permitted | Accessory | Conditional | |
|---|---|---|---|
Multifamily dwelling | Yes | ||
Condominiums | Yes | ||
Garage - attached | Yes | ||
Garage - detached | No | ||
Parking | Yes | ||
Deck/patio | Yes | ||
Public uses | Yes | ||
Public utilities | Yes |
(c)
Lot area, building coverage, massing and setbacks:
Standard | Minimum | Maximum |
|---|---|---|
Lot area | 7,200 square feet | 15,000 square feet |
Lot depth | 120 feet | 200 feet |
Lot width | 60 feet | 100 feet |
Bedrooms | 1 per unit | 2 per unit |
Units per structure | 2 units | 4 units |
Building height | 2 stories/24 feet | 2.5 stories/32 feet |
Front yard setback [1] | 12 feet | 20 feet |
Rear yard setback | 30 feet | None |
Side yard setback | 12 feet one side; 30 feet combined | 15 feet one side; 40 feet combined |
NOTES: | |
|---|---|
[1] | Front porches are encouraged, and may encroach into the front yard setback for up to a maximum of eight feet. |
(d)
Parking requirements:
[1]
Minimums: Two parking spaces per unit are required for the two-to-four-family dwellings.
[2]
Location: All parking must be on site and no parking calculation can include on-street parking.
[3]
Parking type: The on-site parking needs can be met through a combination of surface parking, internal attached garages, and external attached garages.
[4]
Access: 100% of all garages must be solely accessed from a side or rear alley.
[5]
Internal garages: Internal attached garages may include up to four spaces or parking bays.
[6]
External garages: External attached garages may not exceed two parking spaces or parking bays.
[7]
Setbacks: The on-site parking requirements are subject to these additional requirements.
[a]
Attached garages shall be located in the rear, shall have a minimum rear setback of 20 feet from rear alleyway, and shall have a side yard setback of 10 feet.
[b]
Surface parking shall be located in the rear, shall have a minimum setback of 10 feet from rear alleyway, and shall have a side yard setback of five feet.
(3)
Townhouse Residential District.
(a)
District purpose. Townhouse residential development is located in the interior of the Village Center and provides medium-density attached residential dwellings. They act as a transition between the mixed-use core and one-family areas. The district provides for 24 units on approximately 3.38 acres (an average density of seven units per acre), as shown on the Map 3: Density Regulating Map.[21]
[21]
Editor's Note: Said map is on file in the Township offices.
(b)
Permitted, accessory and conditional uses:
Permitted | Accessory | Conditional | |
|---|---|---|---|
Townhouse dwelling (principal) | Yes | ||
Garage - attached | Yes | ||
Garage - detached | No | ||
Parking | Yes | ||
Deck/patio | Yes | ||
Public uses | Yes | ||
Public utilities | Yes |
(c)
Lot area building coverage, massing and setbacks:
Standard | Minimum | Maximum |
|---|---|---|
Lot area | 15,000 square feet | 30,000 square feet |
Lot depth | 120 feet | 300 feet |
Lot width | 120 feet | 300 feet |
Principal building coverage | 20% | 35% |
Bedrooms | 1 per unit | 4 per unit |
Units per structure | 4 | 6 |
Building height | 2 stories/24 feet | 2.5 stories/32 feet |
Garage, number [1] | 1-car garage | 2-car garage |
Front yard setback [2] | 10 feet/each unit; offset 4 feet | 20 feet |
Rear yard setback principal building | 20 feet | None |
Side yard setback | 10 feet one side, 15 feet combined | 15 feet one side, 30 feet combined |
Garage, setback | 20 feet from alley | None |
NOTES: | |
|---|---|
[1] | Only internal garages are permitted. |
[2] | Front porches are encouraged and may encroach into the front yard setback for up to a maximum of six feet. |
(d)
Location/access of parking and accessory uses:
(4)
Village Core Mixed-Use Districts.
(a)
The core of the Village Center contains the highest density of development adjacent to Route 206 and/or Lackawanna Drive. Such development would consist of mixed-use retail with office and residential spaces on upper floors. The districts together provide for a maximum of 90,550 square feet of commercial/retail space and 68 apartment units on the upper floors on approximately seven acres.
(b)
Principles:
[1]
Create a strong street edge of mixed-use buildings with retail on ground floor with residential and commercial uses permitted by right in the upper floors.
[2]
Create opportunities for a mix of retail, office, eating/dining and entertainment uses.
[3]
Create opportunities for pedestrian-friendly spaces such as outdoor dining, plazas and a walkable "Main Street" environment.
(c)
Permitted, accessory and conditional uses:
Village Core and Village Mixed-Use | |||
|---|---|---|---|
Permitted | Accessory | Conditional | |
Apartments above the first floor | Yes | ||
Art galleries | Yes | ||
Banks and financial institutions | Yes | ||
Bars and taverns | Yes | ||
Inns and hotels | Yes | ||
Brewpubs and microbreweries | Yes | ||
Dry-cleaning and laundry pickup stations | Yes | ||
Government, fraternal, civic, charitable, and emergency services/organizations | Yes | ||
Health and fitness centers | Yes | ||
Live/work uses [1] | Yes | ||
Sidewalk cafes | Yes | ||
Outdoor displays and sidewalk sales | Yes | ||
Pharmacies | Yes | ||
Professional and medical offices | Yes | ||
Restaurants | Yes | ||
Retail sales | Yes | ||
Retail services | Yes | ||
Small movie theaters [2] | Yes | ||
Tent sales and special events | Yes | ||
Wellness centers/spa | Yes | ||
Plaza/open space | Yes | ||
Public/quasi-public uses [3] | Yes | ||
Public utilities | Yes | ||
Parking | Yes | ||
Signage | Yes | ||
NOTES: | |
|---|---|
[1] | Live/work uses: offices, studio, display/sales areas and living areas for licensed professionals, service providers and artisans. |
[2] | Small movie theaters: one or two screens, with maximum 500 seating capacity. |
[3] | Public/quasi-public use: such as museum, civic space, community center, library, etc. Public plazas, either standalone or in combination with these public/quasi-public uses, are encouraged. |
(d)
Lot area, building coverage, massing and setbacks:
Village Core | Village Mixed-Use | |||
|---|---|---|---|---|
Minimum | Maximum | Minimum | Maximum | |
Lot depth | 100 feet | None | 100 feet | None |
Lot width | 60 feet | None | 60 feet | None |
Building depth | 40 feet | 60 feet | 40 feet | 60 feet |
Building width | 50 feet | 100 feet | 75 feet | 100 feet |
Building height [1] | 2 stories/25 feet | 3 stories/35 feet | 2 stories/25 feet | 3 stories/35 feet |
Building footprint | 2,000 square feet | 8,000 square feet | 3,000 square feet | 6,000 square feet |
Front yard setback | 0 feet | 12 feet | 6 feet | 18 feet |
Rear yard setback [2] | 40 feet | None | 40 feet | None |
Side yard setback | 8 feet | None | 15 feet | None |
NOTES: | |
|---|---|
[1] | The ground floor level shall have a minimum height of 14 feet with floor surface no more than two feet higher than the sidewalk. |
[2] | Minimum 10 feet of buffer and landscaping. |
(e)
Parking requirements:
[1]
Location and access: Surface parking areas shall be located behind buildings and accessed by a rear alleyway. Centralized rear parking areas shall be considered to increase efficiency and minimize curb cuts.
[2]
On-street parking: On-street parallel parking shall be provided and encouraged throughout the mixed-use core.
[3]
Parking requirements: Parking shall be provided according to these minimum requirements, in addition to the requirements set forth in § 240-38. Where standards are in conflict, the provisions or standards of this section shall control.
[a]
Offices uses shall require one space per 400 square feet of gross floor area.
[b]
Retail uses shall require one space per first 400 square feet plus one space per each additional 350 square feet.
[c]
All residential apartment parking shall be provided as per RSIS standards. Residential parking must be provided on site and shall not rely on on-street parking to meet requirements.
[d]
Inn/hotel uses shall have one space per room plus one space per four restaurant seats.
[e]
Restaurant/bar/tavern uses shall have one space per three seats or three persons, according to the occupancy maximum permitted by the fire code official.
[f]
Parking requirements for other uses (not listed) shall be determined by the Planning Board.
(5)
Civic Use District.
(a)
The primary use of land within this district shall be for civic buildings, parks, plazas, greenways or other types of public spaces including surface or structured facilities for the provision of public parking.
[1]
A minimum of one civic building with a building footprint area of approximately 12,000 square feet.
[2]
Architecturally unique buildings that shall have a dominant presence on the Village Green.
[3]
The municipal use lot and the municipal building shall be located and designed to maximize the visibility of the civic building, creating a visual terminus from the central green.
[4]
The municipal building shall be designed in accordance with all other design guidelines for all structures in the Village Center, unless the design concept enhances the Village Center in such a manner as to be more beneficial than strict adherence to the design guidelines.
[5]
The municipal use lot and building shall be transferred to the Township for public use.
(6)
Park District.
(a)
The interior of the Village Center is intended to feature a central green with civic buildings having a high degree of pedestrian uses. The Village Green is proposed to be large and prominent and provide space for community events, such as outdoor concerts, fireworks displays, etc.
(b)
Civic Use District and Park District permitted, accessory and conditional uses:
Permitted | Accessory | Conditional | |
|---|---|---|---|
Civic buildings [1] | Yes | ||
Parks and playgrounds | Yes | ||
Farmers' markets and seasonal events | Yes | ||
Outdoor entertainment (amphitheater, concerts) | Yes | ||
Parking | Yes | ||
Public uses | Yes | ||
Signage | Yes | ||
Public utilities | Yes |
NOTES: | |
|---|---|
[1] | Community and municipal buildings such as public library, community center, post office and a municipal building. |
(7)
Additional district regulations.
(a)
Prohibited uses. Any use not listed above is prohibited. This shall include, but is not limited to, the following:
[1]
Any use not specifically permitted in the zone.
[2]
Automobile car wash.
[3]
Automobile dealership.
[4]
Automobile fueling stations.
[5]
Automobile repair shop.
[6]
Banquet halls and catering facilities.
[7]
Drive-up facilities and uses.
[8]
Junkyard or salvage yard.
[9]
Light industry.
[10]
Manufacturing.
[11]
On-site dry-cleaning facilities.
[12]
Outdoor advertising or billboard.
[13]
Retail warehouse.
[14]
Sexually oriented business.
[15]
Warehousing.
(8)
Conditional uses. The following conditional uses are subject to the standards and provisions set forth in Article X of this chapter. Where standards conflict, the objectives and standards set forth in Article X shall govern, except where federal or state regulations supersede:
(a)
Public utility facilities are conditionally permitted when necessary for development build-out within the Village Center Zone, or if required by a federal, state or county agency.
(b)
Apartments are conditionally permitted if on the second or third floor. No apartment shall be built on a first floor or in a one-story building, unless the number of apartments on site would require an elevator, then a first-floor apartment would be permitted for ADA compliance only.
(c)
Sidewalk cafes. The provision of food and drink as an addition or extension of a permitted principal use on a sidewalk outside the principal building is subject to site plan approval in accordance with this chapter and subject to the following conditional use standards:
[1]
Operations. The operator of the sidewalk cafe and the hours of operation shall be the same as the principal business. No food shall be prepared outside the building.
[2]
Contents. Sidewalk cafes may include seats, tables, umbrellas, and plant materials. Sidewalk cafes may not include refuse receptacles within the confines of the eating area. All materials shall be durable and moveable; lightweight plastic tables and seats shall not be permitted.
[3]
Location. Sidewalk cafes may be delineated by nonpermanent barriers such as planters or decorative railings. Sidewalk cafes shall be located upon sidewalk areas, adjacent to the building facade, must provide for and maintain at least five feet of unobstructed sidewalk for the circulation of patrons and pedestrians. Sidewalk cafes may not be located along the curbside; the curbside must be kept free of all obstructions to provide visibility for pedestrians and motorists.
[4]
Music. Live or recorded music shall be permitted within the sidewalk cafes provided that all such music shall comply with decibel level limits per municipal and state sound regulations.
[5]
Lighting. All sidewalk cafes shall be illuminated in accordance with municipal regulations. Flashing, blinking, glowing, or animated lighting shall not be permitted.
[6]
Umbrellas. Opened umbrellas shall not impede visibility of other business's storefronts, doorways, or windows, or impede pedestrian circulation.
[7]
Maintenance. All sidewalk cafes shall be maintained in a clean and neat fashion, free of debris and litter. Sidewalks shall be washed by the business operator on a regular basis. All furniture shall be maintained in neat order when not in use for extended periods, such as the colder winter months.
[8]
Parking. Sidewalk cafes shall be included in any calculation of on-site seating capacity. This shall include on-site parking requirements, necessary sewer allocation, and/or on-site septic requirements. Indoor and outdoor seating combined shall not exceed the total approved seating capacity of the facility.
(d)
Outdoor displays and sidewalk sales. The display and sale of goods, products, and services associated with a permitted principal use, outside the confines of the building associated with said use is subject to site plan approval in accordance with this chapter and subject to the following conditional use standards:
[1]
Operations. The operator of the outdoor display area and the hours of operation shall be the same as the principal business.
[2]
Contents. Outdoor display areas may consist of any item that may be sold inside the business. Products may be stacked or displayed on racks, shelves, or tables. All materials, racks, shelves, or tables shall be readily moveable and shall be brought inside at the end of business each night. Lightweight materials that cannot remain stationary as a result of winds or breezes shall not be permitted. No signs are permitted except for merchandise price indicators.
[3]
Location. Outdoor display areas may be delineated by nonpermanent barriers such as planters or decorative railings. Outdoor display areas shall only be located on sidewalk areas, adjacent to the building facade, and must provide for at least five feet of unobstructed access for sidewalk circulation for patrons and pedestrians. Outdoor display areas may not be located along the curbside, the curbside must be kept free of all obstructions to provide visibility for pedestrians and motorists.
[4]
Area. The area devoted to outdoor display shall not exceed 10% of the ground floor area of the principal building. In the case of shopping centers the area devoted to outdoor display for any tenant shall not exceed 10% of the tenant's lease area.
[5]
Height. The height of outdoor display items shall not exceed seven feet.
[6]
Setbacks. Areas devoted to outdoor display shall comply with all building setbacks and yard requirements for the zone in which they are located.
[7]
Surfacing. Areas devoted to outdoor display shall be paved with concrete and free of dust.
[8]
Maintenance. All outdoor display areas shall be maintained in a clean, neat, and orderly fashion.
[9]
Parking. The area devoted to outdoor display shall not be included in the parking requirements for the principal use.
(e)
Tent sales and special events. Temporary or interim activities conducted on permitted commercial properties for the purpose of promoting seasonal sales and special events including car washes, information fairs and other nonprofit and charity events as well as commercial events are subject to site plan approval in accordance with this chapter and subject to the following conditional use standards:
[1]
Operations. No tent sale or special event shall operate between the hours of 8:00 p.m. and 8:00 a.m. and shall not occur from November 1 through March 31. No tent sale or special event shall operate for more than three consecutive days. All tent sales or special events are subject to an additional special event permit process.
[2]
Contents. Tent sale or special event areas may include seats, tables, merchandise and materials related to the promotional event. Any tent or canopy shall have at least 50% of its sides open. All materials shall be secured to ensure nothing is windblown beyond the tent area.
[3]
Location. Tent sale or special event areas shall be located within a parking lot or lawn areas and their locations subject to site plan approval. All tent sales or special events shall occur within those areas identified on an approved site plan. The tent sale or special event area shall be delineated by nonpermanent barriers such as planters, decorative railings, cones or temporary fencing. No tent sale or special event area shall exceed 2,000 square feet in area, or 30% of the site's parking lot, whichever is less.
[4]
Maintenance. All tent sale or special event areas shall be maintained in a clean and neat fashion, free of debris and litter. Any structures related to the tent sale must be removed within 24 hours of the end of the event.
[5]
Parking. The area devoted to tent sales and/or special events shall not diminish the parking requirements for the principal use. The area devoted to tent sales and/or special events must be surplus parking or lawn areas.
(9)
Supplemental standards. All development applications for the VC Village Center District are subject to the standards, principles, and procedures set forth in Article XIV of this chapter as well as Chapters 45 and 215. Where standards are in conflict, those set forth in Article XIV of this chapter shall govern.
F.
Affordable housing.
(1)
Byram Township adopted a revised 2016 Fair Share Plan and Housing Plan Element on November 3, 2016. This section regulates the provision of very low, low, and moderate-income units (affordable units) within the VC Zone. The Township's Second Round affordable housing obligation of 33 units shall be met by 26 new construction units. The maximum number of residential units shall be 130. The minimum residential construction in the VC Zone shall comply with the Township's Fair Share Plan and Housing Plan Element. All affordable housing shall be subject to the provisions of Chapter 240, Article XIV, of the Byram Township Code titled "Affordable Housing."
(2)
Affordable housing parameters. All residential housing types are encouraged, with the following minimum/maximum percentages:
(3)
Mandatory set-aside requirements.
(a)
All residential inclusionary developments in the VC Village Center District shall be required to set aside a mandatory 20% of the dwelling units for the construction of affordable housing.
(b)
Fifty percent of the affordable units constructed be affordable by very-low- and low-income households and that the remaining 50% be affordable by moderate-income households.
(c)
Set-aside in apartments (residential above retail) as a second principal use:
(d)
All affordable units shall be income-restricted, in accordance with the Township's Second and Third Round fair share obligation.
(e)
All affordable units would be subject to any applicable Council on Affordable Housing rules and be compliant with the Uniform Construction Code.
(4)
G.
Architectural design standards.
(1)
The architectural design standards regulate the architectural elements of a building and set the parameters for configurations, styles, construction techniques, and desired materials. The standards also regulate the design of various elements of the buildings within the districts including facades, roofs, fences, walls, and awnings. The architectural design guidelines serve as the preferred types of designs intended for development within the VC. Deviation from these guidelines must be reviewed with the proposed development application presented to the Planning Board. Any deviation from the following design standards creates a waiver or exception pursuant to N.J.S.A. 40:55D-51 and not a variance pursuant to N.J.S.A. 40:55D-70. Appendix A[23] of this Form-Based Code includes Visual Design Guidelines which were created by the Architectural Review Committee to assist development in the Village Center to better understand the vision and intent of the Form-Based Code.
[23]
Editor's Note: Appendix A is on file in the Township offices.
(2)
General design standards for all structures.
(a)
All structures shall be designed to reflect traditional building design in general accordance with housing styles identified and/or pictured in the Smart Growth Plan and the Visual Design Guide created by the Architectural Review Committee. (Appendix A).[24] The purpose of this Visual Design Guide is to assist any and all developers in the Village Center to better understand the vision and intent of the design requirements.
[24]
Editor's Note: Appendix A is on file in the Township offices.
(b)
Brick, stone, and painted wood clapboard or shingle siding is encouraged, as are pitched roofs with slopes between 8:12 and 12:12. The overall design should have varying styles, shapes, and materials as described in the Smart Growth Plan and the guidelines established for use by the Architectural Review Committee. Alternative materials may be appropriate if they do not detract from the overall visual conformity of the traditional styles.
(c)
At least half of all one-family homes shall be oriented with gable ends facing the street and all shall have a covered front-entry porch, raised a minimum of 18 inches above ground level.
(3)
Building massing and scale. Scale is the relationship between the size of a structure and the size of adjoining permanent structures. Large-scale building elements will appear out-of-place if they are situated in a visual environment that is smaller in scale, such as the Village Center.
(a)
Dominant structures should be broken up by creating horizontal emphasis, such as through the use of trim, awnings, eaves, windows, or other architectural ornamentation, use of combinations of complementary colors, and varied landscape materials.
(b)
Long, horizontal facades should be broken down into segments having vertical orientation; and tall vertically oriented facades shall be broken down into horizontal components through use of appropriate design features.
(c)
Expansive blank walls are prohibited.
(d)
Buildings should be designed so the facade is the prominent architectural feature and the roof is visually less dominant in the total design.
(e)
Gable and hip roofs are encouraged. Other roof types may be permitted by the Planning Board at the recommendation of the Architectural Review Committee if it concludes that they are generally consistent with traditional architectural styles and if materials suitable to such styles are used.
(f)
A human scale should be achieved at ground level and along street frontages and entryways through the use of scale elements such as windows, doors, columns, plazas, awnings and canopies.
(g)
The height of structures should relate to adjacent open spaces to allow maximum natural light and ventilation, to protect from prevailing winds, to enhance public views, and to minimize obstruction of the view from adjoining structures.
(4)
Exterior building design.
(a)
Exterior walls:
[1]
Buildings with exterior walls greater than 50 feet in horizontal length shall be constructed using a combination of architectural features and a variety of building materials and landscaping near the walls.
[2]
Walls that can be viewed from public streets shall be designed using architectural features and landscaping (abutting the building) for at least 50% of the wall length.
[3]
Other walls shall incorporate architectural features and landscaping for at least 30% of the wall length.
(b)
Architectural features:
[1]
Architectural features may include, but are not limited to, the following: recesses, projections, wall insets, arcades, window display areas, awnings, balconies, window projections, landscape structures or other features that complement the design intent of the structure.
[2]
In addition, a portion of the on-site landscaping shall abut the walls so that the vegetation combined with the architectural features will significantly reduce the visual impact of the building mass as viewed from the street.
(c)
Building materials:
[1]
The predominant building materials shall be materials characteristic of traditional developments in northwestern New Jersey, such as brick, wood, native stone, traditional clapboard, and stylized shingles.
[2]
Alternative siding, metal panels or roofs, mirrored glass surfaces, or faux facade materials may be recommended by the Architectural Review Committee; and special care would be needed to not detract from the overall visual conformity of the traditional styles.
[3]
Buildings may not be painted in bold colors, patterns, checks or stripes.
[4]
The use of earthtone colors (browns, beige, grays, soft greens, and the like) and/or other colors generally associated with traditional building design is encouraged on all buildings. Accent or complementary colors that harmonize with the main facade color(s) shall be permitted for trim, awning and other building details.
[5]
Exterior colors shall be subtle, neutral or earthtone colors and of low reflectance. The use of high-intensity colors such as black, neon, metallic or fluorescent for the facade and/or roof is prohibited except as approved for building trim.
(5)
Facade treatment.
(a)
Multitenant buildings shall provide offset storefronts, doorways, windows, awnings and/or other design features for all ground-floor tenants. The minimum offset shall be four feet. Offsets that incorporate small courtyards are strongly encouraged. At a minimum, the upper floor of said buildings shall be coordinated with the ground floor through the use of common materials and colors. Storefronts should include display windows with a minimum sill height of two feet from grade.
(b)
Commercial and mixed-use building facades shall have decorative architectural features on all sides.
(c)
Two-to-four-family dwellings shall be designed to emulate traditional large one-family residences and shall not have "mirrored" or duplicate front facades.
(d)
New or renovated facades should incorporate rhythms that carry through a block, such as storefront patterns, window spacing, entrances, canopies or awnings, and the like.
(e)
Where fire escapes are required, they may not be on the principal facade of a building and should blend with the exterior design as balconies and stairs where possible.
(f)
Facade renovations should be consistent with the architectural styles detailed and encouraged in the Smart Growth Plan and the guidelines established by the Architectural Review Committee.
(g)
Surface detailing should be integrated within the structure rather than applied for decorative purposes.
(h)
No facade design or layout shall be the same as the adjacent structure. No less than three major alterations to a facade are required to define the facade as different from that of the adjacent structure. Changes in exterior building materials may be counted as one alteration.
(i)
Exterior-mounted mechanical and electrical equipment shall be architecturally screened.
(j)
The use of creative lighting schemes to highlight building facades and related areas is encouraged as long as it would not interfere with residential uses. Nonresidential lighting above the first floor shall be shut off by 10:00 p.m. or one-half hour after closing, whichever is earlier.
(6)
Roofs.
(a)
Roofs should be designed to reduce the apparent exterior mass, add visual interest and be appropriate to the architectural style of the building, while avoiding excessive complexity of line or massing. Variations within one architectural style are highly encouraged.
(b)
Visible rooflines and roofs that project over the exterior wall of a building enough to cast a shadow on the ground are highly encouraged, as are overhanging eaves, sloped roofs and multiple roof elements.
(c)
Gable, hip or combination roof types are permitted. Flat roofs are prohibited unless incorporated with combination roofs and may not exceed 20% of the total roof area. Roof pitches of 8:12 and 12:12 are recommended.
(d)
The roofline at the top of the structure should incorporate offsets and jogs to reduce the monotony of an uninterrupted roof plane.
(e)
All rooftop equipment shall be screened from public view by materials of the same nature as the main structure. Mechanical equipment shall be located below the highest vertical element of the building.
(8)
Awnings and projections.
(a)
Awnings are encouraged on retail buildings. All awnings shall be constructed and installed so that the frame and fabric of the awning is integrated into the overall building design.
(b)
No awning shall extend more than five feet from the building facade or be less than eight feet above the ground.
(c)
Awnings shall not project into any roadway, driveway, parking or loading area nor be placed so as to conceal or disfigure an architectural feature or detail.
(d)
Awning material shall be limited to cloth, canvas, metal and similar materials; stretched plastic or vinyl are prohibited.
(e)
Awning colors should complement the building exterior and shall comply with § 215-30C(3)(e) such that awning colors shall be subtle, neutral or earthtone colors and of low reflectance. The use of high-intensity colors such as neon, metallic or fluorescent for awning material is prohibited.
(9)
Walls and fences.
(a)
Walls shall not be utilized within commercial areas unless required for screening, security or separation of incompatible land uses.
(b)
Walls should be designed to blend with the site's architecture. Both sides of all perimeter walls or fences should be architecturally treated.
(c)
Brick, stone, and stucco shall be used whenever possible. Landscaping should be used in combination with all walls.
(10)
Building signs.
(b)
Master signage plan.
[1]
A master signage plan shall be submitted with any plan for new development, change of use or renovation of existing use or structure in the village center. The following information shall be submitted for each existing and proposed sign:
[a]
Size (i.e., length, height, area, thickness, number of faces).
[b]
Letter style and size.
[c]
Illumination.
[d]
Colors (i.e., letter, background, trim), including color samples.
[e]
Construction materials, structural integrity and installation details.
[f]
Window size (if applicable).
[g]
Location (i.e., height above grade, distance from roofline, building width, location from property lines, streets, sidewalks, and structures).
[h]
Enumeration of relevant requirements and compliance with same.
[2]
The master signage plan shall graphically depict the signs and may be prepared by the applicant or a sign professional. The master signage plan shall include a sketch or photograph showing the dimensions of each facade, window and canopy of the building to which a sign is to be attached in sufficient detail to clearly indicate the location, dimension and area of all existing and proposed permanent signs. Samples of construction materials should be submitted.
[3]
In the case of a freestanding ground sign, a plot plan of the lot shall be required as part of the master signage plan to show the location of buildings, parking lots, driveways, landscaped areas, and other existing and proposed signs.
[4]
The applicant shall provide additional information deemed necessary to determine whether the master signage plan complies with the sign regulations.
[5]
When the Planning Board as part of a development application has approved installation or modification of a sign, the Construction Official shall issue a sign permit only if the proposed sign is consistent with the approval.
H.
Development standards.
(1)
Parameters; deviations.
(a)
The development standards regulate the site planning and improvement within the VC Zone. These include parameters for:
(2)
Parking, loading and service areas.
(a)
Parking areas.
[1]
Parking for commercial structures is prohibited in front yard setback areas. Driveways and parking spaces shall be set back at least five feet from all building units to provide room for a landscaped area.
[2]
Parking lot layout, landscaping, buffering and screening shall be used to minimize direct views of parked vehicles from streets and sidewalks and to avoid spillover light, glare, noise, or exhaust fumes onto adjacent properties.
[3]
Parking lots exposed to view shall be surrounded by a year-round, visually impervious screen, hedge or wall a minimum of 4.5 feet high. The height of the screen shall gradually decrease in height where driveways, walkways and sidewalks approach to provide adequate sight triangles.
[4]
The interior of all parking lots shall be landscaped to provide shade and visual relief. At a minimum, one deciduous tree shall be planted inside a landscape island for every 10 parking stalls.
[5]
Landscaping should be utilized to soften the edges of parking lots and to provide a sense of lot borders or boundaries.
[6]
Parking lot layout should take into consideration pedestrian movement, and pedestrian crossings shall be installed where deemed necessary by the Planning Board.
[7]
Stormwater design must be approved by the Board engineer and is subject to all applicable standards.
(b)
Loading and service areas.
[1]
Loading areas, recycling facilities, solid waste facilities and other service areas shall be placed to the rear of buildings a minimum five feet from adjoining properties.
[2]
Developments containing more than one commercial/residential use shall design loading areas, recycling facilities, solid waste facilities and other service areas for multiple users to limit the total number.
[3]
A loading area and its driveway shall be screened to minimize direct view and the effect of spillover lighting, noise and exhaust fumes on adjacent properties. Options for screening must be approved by the Planning Board and shall include, but are not limited to, walls, fences, and landscaping.
[4]
Screening must be at least five feet tall and visually impervious. In developments of multiple uses, all fences, walls, et cetera, shall be of similar materials.
(c)
Landscaping/screening.
[1]
Parking lot landscaping shall consist of a minimum of 5% of the total parking area, excluding the perimeter landscaping and buffer areas required in § 215-29, plus a ratio of one tree per 10 parking stalls to create a canopy effect upon maturity.
[2]
Landscaping in a parking or loading area shall have a width of at least five feet and be located in defined landscaped areas that are uniformly distributed throughout the parking or loading area.
[3]
Landscaped buffers between parking areas, parking pods and internal streets shall have a minimum width of five feet with no car overhang and 10 feet with a car overhang.
[4]
Parking areas containing 10 or more parking stalls shall contain the following landscaping features:
[a]
Five percent of the interior portion of the parking areas shall be landscaped, excluding all perimeter landscaping and required buffer areas. No more than 15 parking stalls shall exist in a continuous row without a landscaped break.
[b]
In addition to the general shade tree requirements, one shade tree shall be provided for every 10 parking stalls to create a canopy effect.
[c]
A landscaped island at least five feet in width shall separate the ends of parking rows from access aisles.
[d]
Evergreen plantings shall be required to screen parking areas from public rights-of-way and all residential property.
[5]
Landscaped buffers between parking and on abutting property lines shall have a minimum width of 10 feet.
[6]
Front or exterior yard landscaping may not be substituted for the landscaping required for interior parking stalls.
[7]
All loading areas shall be landscaped in a manner that sufficiently screens the view of the loading area and vehicles from any public right-of-way and residential property. Landscaping in this instance may include berms, fencing, walls or a combination thereof.
(3)
Streets and streetscaping.
(a)
Streets and roadways.
[1]
Development within the Village Center shall create or encourage land use and street design that is compatible with and encourages pedestrian traffic.
[2]
Building placement, in conjunction with display windows on all sides, further enhances the pedestrian orientation of the area.
[3]
Design and construction shall enhance and increase the following:
[a]
Configuration using collector/major arterial streets to avoid traffic congestion on primary streets upon which buildings front;
[b]
Visual prominence of natural features and topography of the landscape;
[c]
Street layout facilitation of solar orientation of buildings;
[d]
Use of curvilinear or grid patterns;
[e]
Improve the view of, and the view from, buildings and other prominent vistas within the Village Center;
[f]
Promote pedestrian design that makes it more convenient and pleasant for the community to walk short distances than to drive within the Village Center; and
[g]
Promote the creation of vista terminations within the Village Center.
[4]
Proposed streets shall be considered in relation to existing and planned streets, existing topographic and geologic conditions, public convenience and safety, and safe vehicular travel.
[5]
Long straight roadway sections shall be avoided. Straight roadway sections in the Village Center shall have a vista termination (i.e., a lot, park or open space, building — church with spire, government building —, monument/statue site, fountain) located at an intersection or at the end of the street(s) or pedestrian ways. A vista termination shall be prominently visible from one or more streets or ways approaching said site.
[6]
Proposed street design shall also provide for appropriate continuation of existing streets of similar design speed and the extension of streets onto adjoining land.
(b)
Alleys.
[1]
Residential development within the village center will have on-site parking accessed solely from side (corner lots) or rear alleys. The predominance of residential dwellings will have rear frontage on alleys.
[2]
Alleys within the village center will be constructed in compliance with RSIS standards for alleys (one-way or two-way).
[3]
Alleyways are designed to accommodate secondary means of access to lots, no off-site parking shall be allowed in the alleyways and should be designed to discourage through traffic.
[4]
Alleys should accommodate garbage and recycling storage and collection.
[5]
Alleys become the property of a homeowner's association and all maintenance and repairs of the alleys are the responsibilities of a homeowners' association; at no time do alleys become Township streets.
(c)
Pedestrian connections and sidewalks.
[1]
Pedestrian ways or footpaths shall be required for convenient circulation and access to schools, playgrounds, shopping, transportation, parks, conservation areas and other facilities. The minimum requirement for pedestrian ways within the commercial core shall be a ten-foot-wide easement immediately abutting the right-of-way, including an eight-foot-wide sidewalk. Throughout the remainder of the Village Center, pedestrian ways shall consist of an easement at least 10 feet wide, including sidewalks at least six feet wide.
[2]
Pedestrian ways are required to include sidewalks, trees and grass strips abutting the right-of-way, street furniture (benches and trash receptacles), and decorative streetlighting. Trees within the sidewalk shall have tree grates and tree guards.
[3]
Walkways from sidewalk to building entrance(s). A continuous pedestrian walkway shall be provided from the primary frontage sidewalk to building entrance(s). This internal walkway shall incorporate a mixture of landscaping, benches, drop-off bays and bicycle facilities for at least 50% of the length of the walkway. Walkways shall be connected to adjacent sites.
[4]
Walkways from parking areas to building entrances. Internal pedestrian walkways shall be developed to provide access to building(s) entrance(s) from parking lot(s). Walkways shall be designed to separate people from moving vehicles. These walkways shall have a minimum width of five feet with no car overhang or other obstruction. The walkways must also be designed for disabled access according to the building code and American Disabilities Act (ADA).
[5]
Walkways shall be distinguished from parking and driving areas by use of any of the following materials: special pavers, bricks, raised elevation or scored concrete. Other materials may be used if appropriate to the overall design of the site and building and recommended by the Architectural Review Committee.
(d)
Street trees.
[1]
Shade trees shall be planted along all streets. Shade trees shall be planted on all sites at a minimum rate of 10 trees per acre, inclusive of trees required along any street line.
[2]
Shade trees shall be located to frame the streets and roadways to create a canopy effect when matured.
[3]
Shade trees shall be selected from the following groups, with at least 20% of the trees to be from Group A, and at least 30% each to be selected from Group B and Group C:
Group A | Group B | Group C |
|---|---|---|
White flowering dogwood | American beauty crabapple | Princeton sentry ginko |
Red flowering dogwood | Snow crabapple | Emerald queen maple |
Crimson cloud hawthorn | Shademaster honeylocust | Sugar maple |
Washington Hawthorn | Katsura tree | Red maple |
Crimson king maple | Northern Red Oak | |
Sweetgum |
[4]
The Planning Board may permit or require the substitution of evergreen trees for shade trees from Groups B and C only. Evergreens must be at least eight feet high at planting.
[5]
Shade trees shall meet all of the following requirements:
[a]
Measure three inches to 3.5 inches in diameter six inches above the ground.
[b]
Group A trees shall be planted at thirty-foot intervals; Group B trees shall be planted at forty-foot intervals; and Group C trees shall be planted at fifty-foot intervals.
[c]
Have a straight trunk and be properly staked.
[d]
Be balled and burlapped, well branched and with a good root system. Backfill shall consist of 50% humus for each tree, and each tree shall be thoroughly watered and properly pruned at the time of planting.
[6]
Trees to be planted in any street right-of-way shall be subject to the approval of the Township Engineer.
[7]
Where the placement of required trees within a street right-of-way is impossible or impractical due to the presence of sidewalks, critical areas or other physical or environmental features, the Planning Board may require a ten-foot-wide street tree easement to be located adjacent to the right-of-way.
[8]
The Planning Board may require that existing trees on a site be replanted for reuse on the subject property or elsewhere in the Township on public property only.
(e)
Streetlighting.
[1]
Streetlighting design shall be traditional in style, consistent throughout the Village Center and is subject to review and comment by the Architectural Review Committee.
[2]
Streetlighting shall meet the minimum standards set forth below and shall be designed to conform with the Village Center historical design vision set forth in the Smart Growth Plan and is subject to review and comment by the Architectural Review Committee.
[3]
All lighting throughout the Village Center shall be designed in a manner that conforms to the style and architectural design of adjacent structures and uses.
[4]
Wherever possible, the lighting shall be similar and conforming.
(f)
Street furniture and flagpoles.
[1]
The use of street furniture (benches, tables, trash receptacles, et cetera) is encouraged, provided that materials are consistent with the overall concept of the building design and locale in which the building is located.
[2]
Street furniture, such as benches, decorative streetlighting and trash receptacles, shall also be provided to create an enhanced pedestrian environment.
[3]
Flagpoles shall not exceed 25 feet in height.
(4)
Landscaping.
(a)
Landscape design.
[1]
Landscaping is to be integrated into building arrangements, topography, parking, buffering and other site features. Landscaping may include trees, shrubs, ground cover, berms, flowers, sculpture, art and similar materials and shall be designed to provide aesthetic, buffer, climatological, environmental, ornamental, and other related functions. All landscaping plans must be prepared by a New Jersey-registered landscape architect or other individual deemed suitably qualified by the Planning Board.
[2]
Landscaping plans should avoid the use of exotic species and shall not include invasive species, as described in Table III (Recommended Native Plant List) and IV (Exotic/Invasive Plant List) in the Lubbers Run Greenway Project, prepared for the Township Environmental Commission in 1997.
[3]
Landscaped buffers shall consist of evergreen ground cover and shrubs mixed with a variety of flowering and deciduous plant species of trees and shrubs.
[4]
Community amenities such as patio/seating areas, water features, artwork, sculpture, clock towers, pedestrian plazas with park benches and other features, located adjacent to the primary entrances of buildings are highly encouraged and may be calculated as part of the landscaping requirement.
[5]
Landscaping for commercial uses shall define entrances to buildings and parking lots, define the edges of various land uses, provide transition (buffering) between neighboring properties and provide screening for loading and equipment areas.
[6]
Plants in boxed, clay or wood containers should be used to enhance sidewalk shops, plazas, and courtyards.
[7]
Landscaping around the entire base of structures is recommended to soften the edge between the parking lot and the structure and should be accented at entrances to provide focus.
[8]
Trees shall be located throughout the parking lot and not simply at the ends of parking aisles.
[9]
Landscaping shall be protected from vehicular and pedestrian encroachment by raised-planted surfaces, depressed walks, or the use of curbs.
[10]
The use of vines and climbing plants on buildings, trellises and perimeter garden walls is strongly encouraged.
[11]
Landscaping shall not obstruct visibility at drive-aisle intersections.
(b)
Landscape coverage.
[1]
Coverage of the landscaped area, excluding lawns, shall be 50% at the time of installation and 90% at five years. Lawns shall be fully established within two growing seasons.
[2]
Landscaped buffers between parking and on abutting property lines shall have a minimum width of 10 feet.
[3]
Front or exterior yard landscaping may not be substituted for the landscaping required for interior parking stalls.
[4]
A landscaped and/or screened buffer area is required between commercial uses, parking areas and buildings in parking areas adjacent to residential dwellings. The minimum height and width shall be five feet of continuous evergreen hedge screen in two years (or a wall or fence with a minimum height of five feet).
(c)
Screening and ornamental planting.
[1]
The planting of shrubbery, bushes, flowers and similar plantings shall be designed to serve decorative and ornamental functions as well as screening and buffering.
[2]
Junipers, yews and similar evergreen plants shall largely be used for screening and buffering.
[3]
White hollies, rhododendron, azaleas, and similar plants shall be used at highly visible locations such as front yards, building entrances and adjacent to ground signs.
[4]
The use of flowerbeds and planters is strongly encouraged in all nonresidential zones.
(d)
Tree removal.
[1]
Existing mature trees shall be preserved wherever possible. Existing mature trees and vegetation shall not be removed in an area greater than 70% of the total project area. Preservation of specimen trees within the developable area of the property counts at a rate of 2:1 when calculating the total shade tree requirement.
[2]
When it is necessary to remove existing mature trees and vegetation, removal shall be in conjunction with the phasing of the total project, with trees and vegetation removed only in those parts of the project area slated for grading. Other areas shall remain in the natural state.
(e)
Replacement.
[1]
A two-year guarantee is required so that all new plantings and existing trees and other vegetation are maintained after construction and replaced where necessary.
[2]
The owner, its successors and/or assigns, shall maintain vegetation planted in accordance with an approved site plan. Plants or trees that die or are damaged shall be replaced and maintained.
(g)
The Planning Board shall have the right to impose additional landscaping requirements after due consideration of the size and type of proposed development, the extent of existing vegetation to be removed during construction, and the nature of surrounding land uses.
(5)
Lighting.
(a)
Lighting shall be shielded and directed down onto the site so as not to shine or glare onto adjacent property or streets.
(b)
All outdoor lighting shall be shown on the site plan in sufficient detail to allow a determination of its effect at the property line and on nearby streets, driveways, residences and overhead sky glow. At a minimum, the lighting design submitted for review shall include iso-footcandle drawings indicating 0.1 and 1.0 footcandle traces for all site lighting.
(c)
Lighting shall not shine directly or reflect into windows, or shine onto streets and driveways so as to interfere with driver vision.
(d)
Lights that have a yellow, red, green or blue beam and/or that rotate, pulsate or operate intermittently are prohibited.
(e)
The intensity, shielding, direction, reflection and similar characteristics of lighting shall be subject to site plan approval. The objective is to minimize undesirable off-site effects.
(f)
The maximum height of lights shall be 15 feet measured from the surrounding grade.
(6)
Utilities and infrastructure.
(a)
All utilities (both main and service lines) servicing new developments, or where there is a change, renovation or expansion of an existing use, shall be constructed underground within easements or dedicated public rights-of-way, and installed in accordance with the prevailing standards and practices of the utility or other company providing such services.
(b)
Lots that abut existing easements or public rights-of-way where overhead utility distribution supply lines and service connections have heretofore been installed may be supplied with service from those overhead lines, but the service connections from the utilities' overhead lines shall be installed underground.
(c)
In the case of existing overhead utilities, should a road widening, extension of service, or other such condition occur as a result of the subdivision, and necessitate the replacement or relocation of such utilities, such replacement or relocation shall be underground.
(d)
Year-round screening of aboveground utility apparatus is required except for utility poles.
(e)
Watercourses.
[1]
An emergency/maintenance access easement shall be provided for streams or watercourses. Said easement shall conform substantially with the line of the watercourse and be at least 20 feet in width centered on its midpoint.
[2]
Streets or pedestrian ways that are parallel to the streams or watercourses and/or appropriate accesses may be required in connection therewith.
[3]
The placement of streams or watercourses into open or covered culverts shall be kept to a minimum.
(f)
Utility easements.
[1]
Easements shall be at least 20 feet wide and shall generally follow lot lines or be centered on the rear or side lot lines.
[2]
Within the commercial component of the Village Center, utility easements shall have a minimum width of five feet in order to reduce right-of-way widths, and the Planning Board may permit utilities to be placed in the two-foot grassed area between the paved way and the property line and the tree easement immediately abutting the right-of-way.
[3]
Utilities may also be permitted to be located within the right-of-way under parking areas and pedestrian ways abutting the right-of-way.
§ 240-60 IPR Industrial Professional Recreational District.
A.
Purpose and intent. The purpose and intent of the Industrial Professional Recreational District (IPR) is to:
(1)
Allow for the continued operation of the existing, legally nonconforming quarry.
(2)
The uses in this district are intended to encourage the development of clean industrial, professional office parks, learning enterprises or commercial recreation/entertainment uses, provide additional retail and service businesses, and be compatible with the surrounding uses in order to promote implementation of the objectives and goals of the Township's Sustainable Economic Development Plan.
(3)
Establish a daytime population to support the retail uses in the Village Center and Village Business Districts.
(4)
Include very large setback requirements, including three-hundred-foot setbacks along Route 206 and for quarry uses. These setbacks are to consist of preserved natural forested buffers to screen the uses in this zone from view and provide a natural corridor along Route 206 extending from the Village Business District on the southern portion of Route 206 to the Neighborhood Commercial Zone on the northern portion of Route 206 near Cranberry Lake. For the motorist, this will create the impression of two distinct retail areas, each with its own sense of place, rather than a generic highway-strip corridor typical of sprawl development.
B.
Permitted uses.
(1)
Brewpubs and microbreweries.
(2)
Dry-cleaning and laundry pickup stations.
(3)
Educational institutions.
(4)
Government, fraternal, civic, charitable, and emergency services/organizations.
(5)
Greenhouse and nursery.
(6)
Health and fitness centers.
(7)
Indoor commercial recreation facilities.
(8)
Light industry.
(9)
Outdoor commercial recreation facilities.
(10)
Printing and publishing.
(11)
Professional and medical offices.
(12)
Records processing and storage.
(13)
Research facilities.
(14)
Retail sales.
(15)
Retail service.
(16)
Retail warehouse.
(17)
Veterinary offices.
D.
Prohibited uses.
(1)
Any use not specifically permitted in the zone.
(2)
Asphalt manufacturing plant.
(3)
Automobile dealership.
(4)
Automobile fueling stations.
(5)
Commercial incinerator.
(6)
Concrete manufacturing plant.
(7)
Junkyard or salvage yard.
(8)
Landfill.
(9)
Manufacturing.
(10)
Mining and quarrying operations.
(11)
Resource recycling facility.
(12)
Warehousing (excluding records processing and storage).
(13)
Waste transfer stations.
E.
Zoning bulk requirements.
(1)
Lot size: a minimum of two acres.
(2)
Lot width: a minimum of 200 feet at the setback line.
(3)
Building footprint: a maximum of 50% of the property
(4)
Front yard: a minimum front yard of 50 feet. Extractive uses must maintain a setback from any road frontage of 300 feet.
(5)
Side yard: not less than 50 feet. Parking may be permitted in the side yard, provided that no parking area is closer than 20 feet to any property line or building and 50 feet from any residential zone line.
(6)
Rear yard: not less than 30 feet. Parking may be permitted in the rear yard, provided that no parking area is closer than 20 feet to any property line or building and 50 feet from any residential zone line.
(7)
Building separation: The minimum separation distance between buildings shall be 10 feet. No building shall be constructed within 100 feet of a residential property line or residential district boundary line.
(8)
Building height: a maximum of three stories or 40 feet, whichever is less.
(9)
Lot coverage: a maximum of 80% of the property.
(10)
(11)
Off-street parking.
(b)
Off-street parking is permitted in the front yard. The front yard shall contain four feet of landscaping buffer between the parking area and any sidewalk.
(c)
Off-street parking is permitted in the side and rear yards provided that no parking area is closer than 20 feet to any property line or building and 50 feet from any residential zone line.
(d)
A minimum of one loading space is required.
(12)
Landscape buffer. Where commercial land uses abut residential uses, a landscaped buffer strip of 20 feet shall be required; however, for lots with a lot width or lot depth of less than 200 feet, the buffer shall be 10% of the lot width or lot depth, but in no case shall the buffer be less than 10 feet.
(13)
Trash collection. There shall be an area or areas in the rear yard which is concealed from sight by a permanent structure for the orderly deposit and pickup of trash and recyclable materials.
F.
Accessory use standards.
(1)
Outdoor storage for outdoor commercial recreation facilities shall be limited to defined areas of the site that do not exceed 50% of the lot area and shall be demarcated within those defined areas on the site. The demarcation may consist of landscaping and/or fencing to create an attractive border.
G.
Design standards - provided here for reference.
H.
Performance standards. The applicant shall submit a site plan to the Planning Board showing the compliance with the applicable approval procedures of all authorized governmental agencies and with all of the following regulations:
(1)
Fire and explosion hazards. All activities shall be carried on only in structures that conform to the standards of the National Board of Fire Underwriters or the Building Code or Fire Ordinance, whichever is more restrictive. All operations shall be carried on and all combustible raw materials, fuels, liquids and finished products shall be stored in accordance with the standards of the Board of Fire Underwriters.
(2)
Radioactivity. Any permitted use which emits radioactivity at any point is only permitted if it complies with all applicable federal and state safety laws and regulations.
(3)
Smoke. Visible gray smoke of a shade not darker than No. 2 on the Ringelmann Smoke Chart may be emitted for a maximum of four minutes in any 30 minutes. Otherwise, there shall be no emission from any chimney or otherwise of visible gray smoke of a shade darker than No. 1 on the Ringelmann Smoke Chart as published by the United States Bureau of Mines (Powers Micro-Ringelmann Chart, McGraw-Hill Publishing Co., 1954, may be used). These provisions applicable to visible gray smoke shall also apply to visible smoke of a different color but with an equivalent apparent opacity.
(4)
Fly ash, dust, fumes, vapors and gases. There shall be no emission which can cause any damage to the health of humans, animals or vegetation, or to property, or which can cause any excessive soiling.
(5)
Liquid or solid wastes:
(a)
All methods of sewage and industrial waste treatment shall be approved by the New Jersey State Department of Environmental Protection and/or the Byram Township Board of Health, as applicable.
(b)
The discharge and disposal of solid and liquid wastes into an underground drainage field shall be in accordance with plans and specifications approved by the New Jersey Department of Environmental Protection.
(6)
Vibration. Air-induced vibration shall be limited to the sound-pressure levels permitted under Subsection H(7) below. No ground-transmitted vibration shall be generated which is discernible to the human sense beyond the immediate site on which such use is conducted.
(7)
Noise. There shall be no noise emanating from the operation which will be audible beyond the boundaries of the immediate site in excess of the standards promulgated by the New Jersey Department of Environmental Protection.
(8)
Nonpoint source pollution. There shall be mechanisms to capture and control NPS runoff from uses that may utilize chemicals, fertilizers and pesticides; that may perform vehicle or equipment washing; and other uses that may be similar.
(9)
Odors. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at the property line of the lot occupied by such use.
(10)
Glare. There shall be no direct or sky-reflected glare exceeding 0.5 footcandle, measured at the property line of the lot occupied by such use. Any lighting used at the entrances or exits of service drives leading to parking lots, in addition to meeting the foregoing, shall not cause any glare or other impediment to traffic safety.
(11)
Screening. There shall be established a belt of landscaping or fence or wall, as the Planning Board may require, along the line of any lot that is contiguous to any residential district or public right-of-way, which will be adequate to screen the operations of such lot from normal observation. A natural forested buffer will remain whenever possible and be supplemented by evergreen plantings to provide a winter screen. Along Route 206 there shall be a three-hundred-foot forested buffer which shall provide a natural corridor extending from the VB Zone in the southern portion of Route 206 to the NC Zone in the northern portion of Route 206 near Cranberry Lake. For the motorist, this natural area will create the impression of two distinct retail areas, each with its own sense of place, rather than a generic highway-strip corridor typical of sprawl development.
(12)
Loading. Loading and unloading shall not be done in the front yard.
(13)
Any project involving structures of 30,000 feet or more in gross area shall comply with the provisions of § 215-51B(9).
[1]
Editor's Note: This ordinance also superseded former § 240-60, Industrial, Commercial and Professional District, as amended.
§ 240-61 F-P Family Theme Recreation Park District.
A.
Primary intended uses. The F-P Family Theme Recreation Park District is designed to permit certain family recreational activities commonly known as a "family theme recreation park," as further defined or regulated by this chapter and other Township ordinances hereinafter adopted. Any use in this district which contains, on the same tract, parcel or lot, two or more of the permitted uses located in separate structures or outside of one structure must meet the requirements of this chapter for a family theme recreation park. Additionally, any use of amusements, animal exhibitions, special or other exhibitions, riding devices, aquatic activities, theaters or museums must be located in a family theme recreation park.
B.
Permitted uses. In the F-P District, the following uses are permitted:
(1)
Principal uses.
(a)
Family theme recreation parks, as defined above.
(b)
Transient residential uses, including motels, hotels and motor inns.
(c)
Restaurants, cafeterias, cocktail lounges, bars or other similar eating and drinking establishments primarily intended for the consumption of food and beverages within the confines of the structure.
(d)
Agriculture.
[Added 7-18-1994 by Ord. No. 5-1994]
(2)
Accessory uses. In the F-P District, the following accessory uses shall be permitted:
(a)
Customary uses in structures incidental to a principal permitted use and of a nonnuisance character.
(b)
Signs pursuant to and as regulated by this chapter.
(c)
Garages, parking structures and parking facilities as required and regulated by this chapter.
(d)
The following shall be permitted accessory uses within a family theme recreation park only:
[1]
Retail sales, service and storage activities customarily accessory to a family theme recreation park.
[2]
Theaters, exhibition halls and structures, museums, galleries and similar-type uses.
[3]
Coin- and non-coin-operated amusements.
[4]
Animal, educational, special or other exhibitions.
[5]
Aquatic activities.
[6]
Picnic areas.
[7]
Riding devices.
[8]
Campsites.
[9]
One residential quarters for the owner, watchmen or caretaker and his family.
(3)
Combination of uses. A combination of any of the above-listed principal uses shall be permitted to be located upon the same tract, parcel or lot, provided that the said uses are contained in one structure containing not less than 10,000 square feet of ground floor space, as hereinafter defined, or in separate structures if the same are contained in a family theme recreation park.
C.
Required conditions. Building permits shall not be issued unless construction and site plans, with respect to any of the various uses permitted in the F-P District, comply with all of the following requirements which are applicable to the use in question:
(2)
Lot coverage. No building or buildings, together with accessory buildings, if any, shall cover more than 30% of the lot area.
(3)
Size of buildings. The following shall be the minimum size of principal buildings or structures, except that said restrictions shall not apply to buildings and structures located within a family theme recreation park:
(a)
Transient residential use: 10,000 square feet of ground floor area.
(b)
Restaurants and other similar establishments: 5,000 square feet of ground floor area.
(c)
The computation of square feet shall be measured on the ground floor from the outside walls of the building, excluding basements and crawl spaces used for storage and utility purposes and not accessible for public use or constituting working area for employees, and also excluding covered malls and walkways.
(d)
The minimum first floor areas as set forth herein shall not apply to accessory buildings.
(4)
Height of structures. No building or structure, including amusements, exhibitions or riding devices, shall exceed a maximum of 2 1/2 stories or 35 feet in height, whichever is less, measured perpendicular from the finished ground level adjoining the highest exposed side of such building and excluding flagpoles, radio or television antennas, chimneys, elevators or stair shafts, roof air conditioning, ventilating equipment or water tanks.
(5)
Setback requirements. The following shall be the minimum front yard, rear yard and side yard setbacks for all permitted, principal and accessory structures in the F-P District, excluding outdoor parking areas:
(b)
For the above uses, wherever there exists a corner lot, no building or accessory building shall extend nearer to the street line than 40 feet.
(c)
Family theme recreation parks.
[1]
No principal or accessory building or structure shall be constructed within 100 feet of any public thoroughfare or right-of-way or within 200 feet of any property line where said property line abuts a residential district. Where a property line abuts a commercial or industrial district, no principal or accessory building or structure shall be constructed within 50 feet of any such property line.
[2]
No fenced runs, barns, stables or other enclosures for the shelter or restraint of any animals shall be located within 200 feet of any property line.
[3]
No animal exhibitions, fenced runs, barns, stables or other enclosures for the shelter, restraint, display or exhibition of any animals shall be located within 100 feet of any pond, river, brook or other watercourse or water body. All such animal areas shall be graded in a manner to avoid drainage to any watercourse or water body, and any channeling or draining of any waste from any such animal area into any watercourse or water body is expressly prohibited. Disposal of all animal wastes of such animal areas shall require the approval of the Board of Health.
[4]
No parking lot or area required by this section shall be located within 50 feet of any property line. Said provision shall not be applicable to parking areas in a campsite, which shall have no minimum setback but which shall be subject to the approval of the Planning Board upon site plan approval.
(6)
Any project involving structures of 30,000 feet or more in gross area shall comply with the provisions of § 215-51B(9).
[Added 12-7-1998 by Ord. No. 22-1998]
D.
Operating density limitation. The operation of a family theme recreation park shall be limited to a maximum allowance of visitors at any one time to the extent of 500 persons per acre of developed park area, excluding parking facilities and accessways. No family theme recreation park in the F-P District shall be designed to exceed this maximum operating density allowance.
E.
Parking, pedestrian access and traffic access requirements. Within the F-P District, indoor or outdoor off-street parking shall be provided in amounts not less than the following:
(1)
Transient residential uses, except where the same are contained in a family theme recreation park: one space per each transient residential unit plus one space per each employee of the largest shift.
(2)
Restaurants and other similar-type establishments, except where the same are contained in a family theme recreation park: one space per each four fixed seats plus one space per each 35 square feet of seating or counter service area where there are no fixed seats plus one space per each employee on the largest shift.
(3)
In the transient residential use and the restaurant use, as stated above, no parking facility or area shall be permitted in any of the required setback areas, except that parking shall be permitted in the front setback area no closer than 15 feet to any public road. All parking areas in these zones shall be suitably landscaped and screened from adjoining properties which are not part of the site plan in question.
(4)
Family theme recreation park:
(a)
An on-site parking space for each visitor and employee motor vehicle shall be provided at all times under all conditions.
(b)
In determining the amount of on-site automobile parking to be provided, the Planning Board shall require the applicant to submit traffic studies and analyses. In no event, however, shall there be fewer than one space for each four visitors, including children, to have attended the park facilities on each of the three preceding peak visitor days, when averaged. In addition, one space for each employee shall be provided, computing the same by using the number of employees on the largest shift.
(c)
The site plan shall designate additional future parking areas based upon a two-year projection of future parking areas for bus and common carrier vehicles which may be used to bring charter groups to the park facilities. An estimate of the current and projected two-year demand for such facilities shall be furnished to the Planning Board at the time the site plan is submitted.
(d)
The interior portions of all outdoor vehicular parking areas shall be planted and maintained with trees at a ratio of at least one tree for each 6,000 square feet of parking area. Each tree shall be protected either by means of a minimum four-inch curb or adequate bumper guards.
(5)
General parking requirements for all uses within the zone.
(a)
An "on-site parking space" is defined as the area required for parking one motor vehicle, which space, in this subsection, is held to be an area 10 feet wide and 20 feet long and not less than 200 square feet of area, exclusive of aisles and driveways. Each space shall be properly delineated on the site plan. Interior streets, access drives and sidewalks shall be installed to provide adequate circulation. All such streets and access drives shall be paved in accordance with the requirements for the paving of parking areas as herein stated. Access drives and parking aisles shall be a minimum of 24 feet in width and shall be designed to facilitate adequate on-site parking traffic circulation and the efficient flow of traffic onto and off the public streets system.
(b)
All queuing and storage of traffic entering the parking area shall occur on site and shall not interfere with the flow of traffic on any public street.
(c)
All off-street parking areas, access drives and aisles located within the F-P District shall be surfaced with an asphalt, bituminous or cement binder pavement which shall be graded and drained to dispose of all surface waters, as approved by the Township Engineer. This shall not be construed to require asphalt, bituminous or cement binder pavement for off-street parking spaces located within a campsite area.
(d)
All off-street parking areas, access drives and aisles shall be properly lighted, which lighting plans shall be subject to the approval of the Planning Board in a site plan application. Any lighting in connection with off-street parking shall be so arranged and shielded as to reflect the light downward, away from all adjoining residences, buildings or streets.
(e)
All off-street parking areas shall be used solely for the parking of passenger automobiles and other type passenger vehicles. No commercial repair work or service of any kind shall be conducted on such parking lots.
F.
Off-street loading and unloading. In the F-P District, adequate access and space shall be provided for all service and delivery vehicles, including animal transporters. No loading or unloading shall be done on or from a public street.
G.
Trash and garbage disposal. In the F-P District, adequate receptacles and facilities for the proper pickup and disposal of all garbage, refuse, trash or other solid wastes shall be provided. Such facilities shall be subject to site plan approval by the Planning Board.
H.
Landscaping, buffers and screening.
(1)
At the time of site plan review, the Planning Board shall determine and require adequate and proper buffers and screening for the protection of adjacent properties.
(2)
Those portions of a site in the F-P District that are not used or occupied for on-site parking, access drives, streets, roadways or walks or covered by natural growth shall be attractively planted and maintained with trees, shrubs and grass lawns or other acceptable ground covers as set forth on a planting plan. This plan shall be furnished by the applicant for site plan review and submitted to the Planning Board for review and approval.
(3)
All landscaped areas shall be permanently maintained in a neat and orderly manner as a condition of use.
I.
Signs.
(2)
The above sign restrictions shall not pertain to signs located within a family theme recreation park and not visible from the property line of said lots upon which the park is located. Within the family theme recreation park there shall be no restrictions on the placement or size of signs not visible from the property line, except that they shall be subject to the approval of the Planning Board upon site plan review.
J.
Hours and seasons of operation.
(1)
In a family theme recreation park the operation of any facility and activities in said use shall be limited to between the hours of 9:00 a.m. and 9:00 p.m., prevailing time, of each day. Said restrictions shall not apply to eating and drinking establishments, campsites and retail stores and shops located within a family theme recreation park. However, the operation of any facilities or activities within a family theme recreation park can be conducted after 9:00 p.m. upon application and approval by the Township Council of the Township of Byram. Said application shall be made, in writing, to the Township Council at least 10 days prior to the date for which an extension is sought. Said application shall further state the hour to which the activity shall continue and the type of activity to be conducted.
(2)
The facilities of a family theme recreation park shall be permitted to operate on an all-year-round basis, except that picnic areas and campsites located therein shall be limited to seasonal operation between April 1 and October 31.
K.
Sanitary and water facilities. In an F-P District, the following shall be required with reference to sanitary and water facilities:
(1)
An adequate potable water supply shall be provided at all times in a manner approved by the Board of Health.
(2)
Adequate sanitary facilities shall be provided at all times and in a manner approved by the Board of Health.
(3)
An evaluation of the adequacy of the potable water supply facilities and sanitary sewage disposal facilities performed by a licensed professional engineer shall be submitted to the Planning Board and approved by the Planning Board and the Board of Health prior to site plan approval. All such facilities shall be further subject to the approval of the appropriate county and state departments. Such evaluations shall specifically consider peak visitor loads, maximum on-site visitor density and the relationship of these factors to the proper functioning of the water supply and sanitary facilities provided.
L.
Prohibited uses. The following uses shall be prohibited within the F-P District:
M.
Nuisances. The following shall be considered as nuisances and prohibited within the F-P District:
(1)
Noise is prohibited in accordance with § 240-60E(7) of this chapter, which subsection is hereby adopted by reference in its entirety, except that the hours as set forth in Table 1 of that subsection shall be amended for the purpose of this section to read, "During the hours from 9:00 a.m. to 9:00 p.m.," and the hours as set forth in Table 2 of said subsection shall be amended for the purposes of this section to read "During the hours from 9:00 p.m. to 9:00 a.m."
(2)
All permitted activities in the F-P District shall be conducted in such a manner that there shall be no direct or sky-reflected glare exceeding 0.5 footcandle, measurable at the property line of the use. All exterior lighting shall be directed downward and away from adjacent property. In any event, no storage of manure or animal waste shall be permitted within 200 feet of any property line.
N.
Site plan approval.
(1)
Prior to the issuance of a building permit or certificate of occupancy, the Planning Board shall review and approve a site plan.
(2)
As part of the site plan review and approval requirements for a family theme recreation park, as defined herein, the applicant shall furnish to the Planning Board all relevant data necessary to determine peak visitor volumes and transient population density. Such information shall be in a form usable by the Planning Board and Board of Health and other Township, county and state agencies in establishing all requirements necessary for the protection of the public health, safety and welfare.
§ 240-61.1 OS Open Space District.
[Added 3-6-2006 by Ord. No. 5-2006[1]]
A.
Primary intended use. This zone is intended to limit the development of said parcels to only such projects that are allowed under open space status. A parcel that is to be zoned as an OS District must be owned by a local, county, state or national government prior to becoming an Open Space District.
B.
Prohibited uses. Any commercial or residential purpose.
§ 240-61.2 GC Golf Course District.
[Added 3-6-2006 by Ord. No. 5-2006]
A.
Primary intended uses. The GC District is designed to allow areas that are recognized as golf courses to limit their development potential.
§ 240-61.3 Residential schedule of space regulations.
[Added 10-21-2002 by Ord. No. 12-2002]
(The Residential Schedule of Space Regulations is included as an attachment to this chapter.)