Clayton City Zoning Code
ARTICLE III
Zoning Districts
§ 88-7 Effect and establishment of zoning districts.
A.
Effect of this chapter. This chapter shall be applicable to the regulation of the use of all land and structures within the Borough of Clayton.
(1)
The provisions of this chapter shall be held to be the minimum requirements (or the maximum, when so specified). Where this chapter imposes a greater restriction than is imposed and required by other provisions of law or by other rules, regulations or resolutions, the provisions of this chapter shall control. Where other laws, rules, regulations or resolutions require greater restrictions than are imposed by this chapter, the provisions of such laws, rules, regulations or resolutions shall control.
(2)
The standards established by this chapter shall be applied uniformly within each zoning district to each class or kind of structure or land. Only uses which are specifically provided for by the regulations of any district shall be permitted in that district unless authorized by the Planning Board pursuant to this chapter.
(3)
Upon the effective date of this chapter, no building shall hereafter be used, erected, altered, converted, enlarged, added to, moved or reduced, nor shall any lands be subdivided, developed, or redeveloped in any manner, except in conformity with the standards provided herein, as applied to the zoning district in which the building or land is located.
(4)
Upon the effective date of this chapter, all buildings and land which are not in full conformity with this chapter, as applied to the zoning district in which the building or land is located, shall be deemed to be nonconforming and shall be subject to the provisions of this chapter.
B.
Establishment of zoning districts and Zoning Map.
(1)
The following zoning districts are hereby created and all land within the Borough of Clayton shall be placed in one of these districts by designation on a Zoning Map, as described below:
[Amended 7-9-2009 by Ord. No. 12-2009]
A | Agriculture | |
CB | Central Business | |
CO | Commercial Office | |
HB | Highway Business | |
RIO1 | Restaurant Industrial Office 1 | |
RIO2 | Restaurant Industrial Office 2 | |
I | Industrial | |
CF/I | Community Facility Institutional | |
PA | Multifamily Residential | |
APA | Adult Planned Apartment | |
PA | Planned Apartment | |
PRD | Planned Residential Development | |
R-A | Low/Medium Density Residential | |
R-AB | Medium Density Residential | |
R-B | Medium/High Density Residential | |
R-C | High Density Residential |
C.
Interpretation of boundaries.
(1)
The boundaries between zoning districts are, unless otherwise indicated, either the center lines of streets or railroad rights-of-way, municipal boundary lines, property lines existing at the time of the Zoning Map adoption or amendment, or lines parallel or perpendicular thereto. Distances not specifically indicated shall be determined by the scale of the map.
(2)
Where a district boundary line divides a lot existing at the time of adoption of this chapter, the regulations applicable to the least-restrictive district shall extend over the portion of the lot in the more restrictive district for a distance of not more than 50 feet.
§ 88-8 A Agricultural/Low Density Residential District.
A.
Intent. The intent of this district is to promote the development of appropriately zoned land within the Borough for single-family detached dwellings at a low density and to permit other compatible uses in accord with the spirit of this chapter. This district is designed for areas which do not have water and sewer utilities available and which include environmentally sensitive lands.
B.
Uses.
(1)
Principal permitted uses on the land and in the buildings.
(a)
The following principal uses shall be permitted by right:
[1]
Single-family detached dwellings.
[2]
Agricultural or farm use, for other than pigs or poultry, and provided that the minimum lot area for this use shall be two acres. No structure used to contain livestock, other than pigs or poultry, shall be located within 100 feet from any street or property line.
[3]
Public playgrounds, woodland, wildlife preserve, natural resource conservation area and parks.
[4]
Municipal building or municipal use.
[5]
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injury, provided that in no instance shall an individual community residence or shelter serve more than 15 persons, and adult family care homes not serving more than three clients.
[Amended 6-13-2002 by Ord. No. 10-02[1]]
[1]
Editor's Note: This ordinance also repealed former § 8B(1)(a)[6], which immediately followed this subsection.
(b)
The following principal uses are permitted conditionally upon a determination by the Planning Board that the use can be provided in a manner that will minimize the impact upon adjacent properties, will be compatible with the surrounding neighborhood, will not unduly burden adjacent areas with increases in traffic, noise, or threats to public health and safety, and will conform to such additional standards as provided in Article IV:
[2]
A church, synagogue, or similar place of religious worship.
[3]
A cemetery or memorial park, provided that the lot area shall not be less than two acres.[2]
[2]
Editor's Note: Former § 8B(1)(b)[4], which immediately followed this subsection, was repealed 6-13-2002 by Ord. No. 10-02. See now Subsection B(1)(a)[5] of this section.
[4]
Home occupations.
[5]
Satellite dishes greater than 39 inches in diameter.
(2)
Accessory uses. The following accessory uses shall be permitted by right:
(a)
Family day-care home.
(f)
Private residential sheds.
(g)
Gardening and tilling of the soil for personal use.
(h)
The erection of television antennas, including a satellite dish less than 39 inches in diameter, and radio antennas, intended for personal use, provided that they do not exceed the height limitation of the district. No more than two antennas shall be permitted per lot.
(i)
The storage of personal, noncommercial boats and recreational vehicles, provided that they are not used for the purposes of habitation and are not stored within the designated front yard area.
(j)
The use of a dwelling for a home office without the necessity of obtaining a zoning permit and subject to the following:
[1]
The office shall not occupy more than 500 square feet or more than 12.5% of the gross floor area (GFA) of the detached dwelling, whichever is less, excluding the area of garages, unfinished portions of basements and attics in the calculation of gross floor area.
[2]
The office area shall not have direct access to the outside via a door but shall be an existing room or area within the detached dwelling unit which is integrated within the overall floor plan of the dwelling.
[3]
The office area shall not contain any kitchen or bathroom facilities which are separate from the remainder of the detached dwelling unit.
[4]
The office area shall have only typical office equipment limited to computers, telefax machines, telephones and copying machines.
[5]
No supplies or furnishings shall be permitted other than typical office supplies and furnishings.
[6]
No evidence of the office area shall be shown to the outside of the detached dwelling unit; e.g., signs are prohibited.
[7]
No persons shall be permitted on the property regarding the office area other than people making deliveries or service calls as otherwise might occur on a property developed with a detached dwelling unit.
C.
Bulk standards.
(1)
Minimum lot area: one acre.
(2)
Minimum street frontage: 60 feet.
(3)
Minimum lot width: 150 feet.
(4)
Minimum lot depth: 150 feet.
(5)
Minimum front yard setback: 50 feet.
(6)
Minimum side yard setback: 20 feet.
(7)
Minimum aggregate side yard setback (both yards): 50 feet.
(8)
Minimum rear yard setback: 25 feet, except that where reverse frontage lots are proposed, the yard depth shall be increased to 50 feet.
(9)
Maximum permitted building coverage: 15%.
(10)
Maximum permitted impervious coverage: 25%.
(11)
Maximum permitted building height: 35 feet.
(12)
Accessory structures shall not be located in a front yard nor within five feet of a side or rear property line.
§ 88-9 R-A Low/Medium Density Residential District.
A.
Intent. The intent of this district is to promote the development of appropriately zoned land within the Borough for single-family detached dwellings at a low/medium density and to permit other compatible uses in accord with the spirit of this chapter.
B.
Uses. All principal and accessory uses as permitted by right and conditionally in the A Agricultural Zoning District, with the following exceptions:
C.
Bulk standards.
(1)
Lots with public sewer and water:
(a)
Minimum lot area: 20,000 square feet.
(b)
Minimum street frontage: 60 feet.
(c)
Minimum lot width at the building line: 100 feet.
(d)
Minimum lot depth: 125 feet.
(e)
Minimum front yard setback: 50 feet.
(f)
Minimum individual side yard setback: 15 feet.
(g)
Minimum aggregate side yard setback (both yards): 40 feet.
(h)
Minimum rear yard setback: 25 feet, except that where reverse frontage lots are proposed, the yard depth shall be increased to 50 feet.
(i)
Maximum permitted building coverage: 20%.
(j)
Maximum permitted impervious coverage: 30%.
(k)
Maximum permitted building height: 35 feet.
(l)
Accessory structures shall not be located in a front yard nor within five feet of a side or rear property line.
(2)
Lots without public sewer and water must comply with the bulk standards provided for the A District.
§ 88-10 R-AB Medium Density Residential District.
A.
Intent. The intent of this district is to promote the development of appropriately zoned land within the Borough for single-family detached dwellings at a medium density and to permit other compatible uses in accord with the spirit of this chapter.
B.
Uses.
(1)
Principal permitted uses on the land and in the buildings.
(a)
The following principal uses shall be permitted by right:
[1]
Single-family detached dwellings.
[2]
Municipal uses, including but not limited to parks, recreation, conservation, utilities, buildings and structures.
[3]
Public educational institution.
[4]
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injury, provided that in no instance shall an individual community residence or shelter serve more than 15 persons, and adult family care homes not serving more than three clients.
[Amended 6-13-2002 by Ord. No. 10-02[1]]
[1]
Editor's Note: This ordinance also repealed former § 10B(1)(a)[5], which immediately followed this subsection.
[5]
Family day-care homes.
(b)
The following principal uses are permitted conditionally upon a determination by the Planning Board that the use can be provided in a manner that will minimize the impact upon adjacent properties, will be compatible with the surrounding neighborhood, will not unduly burden adjacent areas with increases in traffic, noise, or threats to public health and safety, and will conform to such additional standards as provided in Article IV. All uses must be provided with public water and sewer services.
[1]
A church, synagogue, or similar place of religious worship.
[2]
An assisted-living residence, convalescent home, sanatorium or continuing-care facility.[2]
[2]
Editor's Note: Former § 10B(1)(b)[3], which immediately followed this subsection, was repealed 6-13-2002 by Ord. No. 10-02. See now Subsection B(1)(a)[4] of this section.
[3]
Home occupations.
(2)
Accessory uses as permitted by right in the R-A District.
C.
Bulk standards.
(1)
Lots with public sewer and water:
(a)
Minimum lot area: 14,000 square feet.
(b)
Minimum street frontage: 55 feet.
(c)
Minimum lot width at the building line: 80 feet.
(d)
Minimum lot depth: 100 feet.
(e)
Minimum front yard setback: 40 feet, except for reverse frontage lots, which may be reduced to 30 feet on the principal street.
(f)
Minimum individual side yard setback: 10 feet.
(g)
Minimum rear yard setback: 25 feet, except that where reverse frontage lots are proposed, the yard depth shall be increased to 50 feet.
(h)
Maximum permitted building coverage: 30%.
(i)
Maximum permitted impervious coverage: 40%.
(j)
Maximum permitted building height: 35 feet.
(k)
Accessory structures shall not be located in a front yard nor within five feet of a side or rear property line.
(2)
Lots without public sewer and water must comply with the bulk standards provided for the A District.
§ 88-11 R-B Medium/High Density Residential District.
A.
Intent. The intent of this district is to promote the development of appropriately zoned land within the Borough for single-family dwellings at medium/high densities and to permit other compatible uses in accord with the spirit of this chapter. Due to the smaller lot sizes permitted, additional standards are provided to buffer R-B uses from adjoining commercial and industrial uses.
B.
Uses. All principal and accessory uses as permitted by right and conditionally in the R-AB Zoning District.
(1)
Agricultural or farm use, for other than pigs or poultry, and provided that the minimum lot area for this use shall be five acres. No structure used to contain livestock, other than pigs or poultry, shall be located within 100 feet from any street or property line.
[Added 12-8-2022 by Ord. No. 18-2022]
C.
Bulk and design standards.
(1)
Lots with public sewer and water:
(a)
Single-family detached dwellings:
[1]
Minimum lot area: 9,000 square feet.
[2]
Minimum street frontage: 55 feet.
[3]
Minimum lot width at the building line: 80 feet.
[4]
Minimum lot depth: 100 feet.
[5]
Minimum front yard setback: 30 feet, provided that the front yard on the long side of a corner lot may be reduced to a depth of not less than 20 feet.
[6]
Minimum individual side yard setback: eight feet.
[7]
Minimum aggregate side yard setback (both yards): 20 feet.
[8]
Minimum rear yard setback: 25 feet, except that where reverse frontage lots are proposed, the yard depth shall be increased to 50 feet.
[9]
Maximum permitted building coverage: 30%.
[10]
Maximum permitted impervious coverage: 40%.
[11]
Maximum permitted building height: 35 feet.
[12]
Accessory structures shall not be located in a front yard nor within five feet of a side or rear property line.
(2)
Lots without public sewer and water must comply with the bulk standards provided for the A District.
§ 88-12 R-C High Density Residential District.
A.
Intent. The intent of this district is to promote the development of appropriately zoned lands within the Borough for single-family and single-family semidetached dwellings and other compatible uses in accord with the spirit of this chapter. These areas are located in the older sections of the Borough with predominantly smaller lots.
B.
Uses. All principal and accessory uses as permitted by right and conditionally in the R-AB Zoning District.
C.
Bulk and design standards.
(1)
Lots with public sewer and water:
(a)
Single-family detached and semidetached dwellings:
[1]
Minimum lot area: 6,000 square feet per unit.
[2]
Minimum street frontage: 30 feet.
[3]
Minimum lot width at the building line: 50 feet for detached dwellings and 40 feet for semidetached dwellings.
[4]
Minimum lot depth: 100 feet.
[5]
Minimum front yard setback: 25 feet, provided that the front yard on the long side of a corner lot may be reduced to a depth of not less than 10 feet.
[6]
Minimum individual side yard setback: six feet.
[7]
Minimum aggregate side yard setback (both yards): 16 feet.
[8]
Minimum rear yard setback: 25 feet, except that where reverse frontage lots are proposed, the yard depth shall be increased to 50 feet.
[9]
Maximum permitted building coverage: 30%.
[10]
Maximum permitted impervious coverage: 40%.
[11]
Maximum permitted building height: 35 feet.
[12]
Accessory structures shall not be located in a front yard nor within five feet of a side or rear property line.
(2)
Lots without public sewer and water must comply with the bulk standards provided for the A District.
§ 88-13 PA Planned Apartment Residential District.
A.
Intent. The intent of this district is to provide standards for the development and redevelopment of appropriately zoned lands within the Borough for townhouses and garden apartments and other compatible uses in accord with the spirit of this chapter. The district is intended to primarily serve areas already zoned for this type of development.
B.
Low- and moderate-income housing requirements. All townhouse and garden apartment developments in this district shall be inclusionary developments providing for housing units affordable to low- and moderate-income households as provided for by § 88-41.
C.
Uses.
(1)
Principal uses permitted.
(a)
Townhouses.
(b)
Garden apartments or condominium flats.
(c)
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injury, provided that in no instance shall an individual community residence or shelter serve more than 15 persons, and adult family-care homes not serving more than three clients.
[Added 6-13-2002 by Ord. No. 10-02]
(2)
Accessory uses permitted.
(b)
Utility sheds for owner-occupied units only. In rental projects, the owner may provide an alternative for utility sheds in a single and unified area.
(e)
Recreational facilities.
(f)
Indoor common laundry facilities for garden apartments.
(g)
Model units or sales offices within the project shall be allowed but only during the period necessary for the sale or rental of units with the project. Such uses shall not be considered a business use.
D.
Bulk and design standards.
(1)
Garden apartments, condominium flats and/or townhouse developments:
(a)
Minimum tract size: 10 acres.
(b)
Maximum density per acre and affordable unit set-asides vary in accordance with the following table:
Sales Units | Rental Units | ||||
|---|---|---|---|---|---|
Unit Type | Density | Set-aside | Density | Set-aside | |
Townhouse | 6 | 20% | 7 | 11% | |
Garden apartment or condo flat | 8 | 15% | 10 | 12% | |
(c)
If the Borough's requirement for the provision of low- and moderate-income housing is satisfied by any one or a number of approved projects, the Planning Board, at its discretion, may relieve the subsequent developers of the requirement to provide a set-aside for affordable units. Should the Board grant such relief, the density limitations in this district shall be equal to those established for sale units, i.e., six units per acre for townhouses and eight units per acre for garden apartments.
(d)
Maximum building coverage: 30%.
(e)
Maximum impervious surface coverage: 50%.
(f)
Maximum building height: 35 feet.
(h)
Minimum building setback from public streets bordering the property and property lines: 100 feet. This setback may be reduced to no less than 50 feet for lots adjoining property in a nonresidential district or another multifamily district or if the Board finds that the character of adjoining residential lots provides sufficient separation between dwellings, e.g., lots over 300 feet in depth with dwelling located more than 150 feet from the common property line.
(i)
Minimum building setback from internal public streets: 25 feet from the right-of-way line.
(j)
Minimum building setback from internal nonpublic streets: 25 feet from the curbline.
(k)
Minimum distance from building to parking: 25 feet.
(l)
Utility sheds or other accessory structures may not be located in the front yard and may not be located closer than five feet to any side or rear property line.
(m)
All off-street parking facilities shall be on the same site as the building and located within 150 feet of the nearest entrance of the building they are intended to serve. Parking spaces shall be provided in areas designed specifically for parking, and there shall be no parallel parking along interior private streets unless the street width is constructed to Borough standards.
(n)
Buildings containing apartment flats shall be arranged in groups or clusters and not in long rows parallel to street lines. The total length of any one structure shall not exceed 200 feet.
(o)
Variations in setback, materials and design shall be encouraged.
(p)
More than one building per lot shall be permitted, provided that the minimum tract size requirement is met. However, if fee simple townhouse units are proposed, each unit shall have a minimum lot area of 2,500 square feet.
(q)
A landscaped buffer, 25 feet in width, shall be provided along all public streets and adjacent to all property lines.
(r)
Buildings shall be designed in a common architectural style.
(s)
Sufficient area and equipment shall be provided within each building for the laundering and artificial drying of the laundry of the occupants of each building.
(t)
All dwelling units within a structure shall be connected to approved and functioning public water and sanitary sewer systems prior to the issuance of certificates of occupancy.
F.
Landscaped buffers and interior parking lot landscaping shall be provided as is required in § 88-33.
G.
Collection or storage of recyclable materials in multifamily housing shall be provided as required in § 88-60.
H.
Design and amenity requirements.
(1)
Architectural considerations. In order to encourage an attractive building arrangement, variations in the setback or alignment of buildings erected on the same frontage or attached to other buildings shall be provided, parallel arrangement of buildings shall be avoided and desirable variations in such things as the facade, construction and roof lines of apartment buildings and single-family attached units or townhouses shall be encouraged. Individuality in buildings shall be achieved also by the use of various external materials, colors, landscape elements and other design details. Exterior walls shall not be made of exposed cinder block.
(2)
Laundry facilities. Adequate laundry facilities consisting of automatic washing and clothes-drying machines in a laundry room shall be provided, or a washer and dryer shall be installed in each dwelling unit.
(3)
Storage space. A minimum of 300 cubic feet of fire-resistant separate storage space shall be provided for each dwelling unit. This storage space should be convenient to outside ground level and appropriate for storage of bicycles, trunks and items of dead storage.
(4)
Open space calculation. It shall be assumed that each building contains 25 feet of front yard, 25 feet of rear yard and 13 feet of side yards on each side. These yards shall be noted for purposes of the open space calculation regardless of the actual yard areas given in plans where units are sold fee simple or by condominium or rented. Such yard areas shall not be used for meeting the requirements of minimum open space.
I.
Unnecessary cost generation. All projects are to be planned and developed in accordance with these standards. However, for those projects or portions of projects which provide affordable housing, the Board will work in close conjunction with the applicant to eliminate unnecessary cost generating features. The goal will be to eliminate development standards that are not essential to protect the public welfare and to expedite (or "fast track") the approval. The Board shall be guided by the Substantive Rules of the New Jersey Council on Affordable Housing, as amended, and the New Jersey Residential Site Improvement Standards, as amended.
§ 88-13.1 Planned Unit Development Overlay.
[Added 8-13-2009 by Ord. No. 11-2009]
A.
General.
(1)
Short title. This section shall be known and may be cited as "Planned Unit Development Overlay."
(2)
Purpose. The purpose of the Planned Unit Development Overlay is to encourage single-entity, multifamily, inclusionary development to facilitate the production of units affordable to families of low and moderate income as defined by the New Jersey Council on Affordable Housing (COAH), provide allowance for limited compatible commercial development, and promote creativity and flexibility in design through the refinement of the bulk and design standards of the underlying zoning.
B. AFFORDABLE UNIT DWELLING, GARDEN APARTMENT DWELLING, TOWNHOUSE GENERAL DEVELOPMENT PLAN INCLUSIONARY DEVELOPMENT LOW-INCOME UNIT MODERATE-INCOME UNIT PERSONAL SERVICES PHASE PLANNED UNIT DEVELOPMENT (PUD) PLANNED UNIT RESIDENTIAL DEVELOPMENT (PURD) RESIDENTIAL CLUSTER RIDGELINE OF ROOF
Definitions. For the purposes of this section, certain words and phrases used herein shall be interpreted or defined as follows:
A housing unit in the Borough proposed or created pursuant to N.J.A.C. 5:97, credited pursuant to N.J.A.C. 5:97-4 et seq., and/or funded through an affordable housing trust fund.
A two- or three-story multifamily structure comprised of individual living units having access either from a common corridor or separate entrance.
A one-family dwelling in a row of at least three such units in which each has its own front and rear access to the outside and each unit is separated by one or more common fire-resistant walls.
A comprehensive plan for the development of a planned development as provided in Section 4 of P.L. 1987, c. 129 (N.J.S.A. 40:55D-45.2), of the Municipal Land Use Law.
A development containing both affordable units and market-rate units. This term includes, but is not necessarily limited to, new construction, the conversion of a nonresidential structure to residential and the creation of new affordable units through the reconstruction of a vacant residential structure.
Housing affordable according to the Council on Affordable Housing (COAH) for home ownership and rental costs, and occupied or reserved for households with a gross household income equal to 50% or less of the median gross household income for households of the same size within the housing region in which Clayton Borough is located.
Housing affordable according to the Council on Affordable Housing (COAH) for home ownership and rental costs, and occupied or reserved for households with a gross household income more than 50% but less than 80% of the median gross household income for households of the same size within the housing region in which Clayton Borough is located.
Services which relate to the care of a person or his or her apparel.
A sequence of development delineating geographic boundaries and specific land uses.
An area with a specified minimum contiguous or noncontiguous acreage of 10 acres or more to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in the zoning ordinance.
An area with a specified minimum contiguous or noncontiguous acreage of five acres or more to be developed as a single entity according to a plan, containing one or more residential clusters, which may include appropriate commercial or public or quasi-public uses all primarily for the benefit of the residential development.
A contiguous or noncontiguous area to be developed as a single entity according to a plan, containing residential housing units which have a common or public open space area as an appurtenance.
The intersection of two roof surfaces forming the highest horizontal line of the roof.
C.
Applicability. The Planned Unit Development Overlay is deemed to exist over Lots 24, 95, 96, 97 and 98 of Block 1102.05; notwithstanding the same, nothing herein is to be construed as precluding the consolidation of land subdivided from contiguous parcels within Block 1102.05 having frontage along Madison Avenue, Delsea Drive, Roberts Avenue, and Belview Avenue.
D.
Development standards.
(1)
General requirements.
(a)
Applicability of existing development regulations. Except as modified herein, the requirements of the PA Planned Apartment Residential District and other applicable provisions of the Unified Development Ordinance (UDO) of the Borough of Clayton remain in effect.
(b)
Subdivision of land.
[1]
Within the planned development, subdivisions of land necessary to facilitate project financing/bonding will be considered in relation to the overall tract and be exempt from bulk standards otherwise applicable.
[2]
In any instance where subdivided land of an adjoining parcel is incorporated into the development via lot consolidation, said land is deemed to be within the Planned Unit Development Overlay and subject to the requirements herein.
(c)
Commercial development. Commercial development is permitted along Delsea Drive to the depth of the prevailing CB Central Business Commercial District and CO Commercial Office District, except that said development occurring over Lot 98 may extend to the depth of the CO zoning over adjoining Lot 97 as depicted on the Borough of Clayton Zoning Map having a latest revision date of June 1, 2004.
(d)
Public infrastructure. The site is to remain in the sewer service area and is to be served by public sanitary sewer and water infrastructure.
(2)
Permitted uses.
(a)
Residential uses.
[1]
Townhouse units, provided that this dwelling type does not exceed 50% of the total number of units constructed.
[2]
Garden apartment units.
[3]
Accessory uses to include storage facilities, garages, carports, laundry facilities, off-street parking, indoor and outdoor recreational facilities, administration office facilities, maintenance facilities, and refuse facilities.
(b)
Commercial uses. The maximum gross floor area for an individual commercial use or tenant is set at 12,000 square feet.
[1]
Retail store for the sale of items typical for the satisfaction of the daily needs of residents, to include but not be limited to the sale of groceries, baked goods, drugs and pharmaceuticals, glasses (eye wear), flowers, stationery supplies, tobacco, apparel, and household goods.
[2]
Shopping plaza.
[3]
Gift shops.
[4]
General business and professional offices, including medical offices.
[5]
Facilities of financial and related service organizations, including banks, stock brokers, realtors, insurance agencies, and similar facilities.
[6]
Business services, including copying centers.
[7]
Child and/or adult day care.
[8]
Eating and drinking establishments but not including fast-food or drive-in restaurants.
(3)
Bulk requirements for residential development.
Item | Requirement | |
|---|---|---|
Total maximum units | 514 units (350 new units, 164 existing units) | |
Minimum tract area | Area of Lots 24, 95, 96, and 97 within Block 1102.05 in their present configuration | |
Maximum density | 10 dwelling units per acre | |
Maximum townhouse units | 216 units: 50% of newly constructed units (175); 25% of existing units (41) | |
Maximum 3-bedroom units | 33.3% of newly constructed units (117); 20% of existing units (33) | |
Maximum height | 3 stories/45 feet as measured to the ridgeline from finished grade. Architectural elements and/or mechanical equipment necessary to the operation of the building may exceed by 15% the permitted building height. | |
Minimum 3-story building setback from public street | 150 feet | |
Minimum 2-story building setback from public street | 100 feet | |
Minimum front to front or front to back building interval | 45 feet | |
Minimum front to side building interval | 35 feet | |
Minimum side to side building interval | 30 feet | |
Minimum setback from internal drive measured from the edge of pavement | 20 feet with 15% of facade permitted within 14 feet for architectural features, e.g., stair towers, porches and changing facade planes | |
Minimum setback from parking | 15 feet with 15% of facade permitted within 9 feet for architectural features, e.g., stair towers, porches and changing facade planes | |
Minimum 2-story building setback from tract boundary | 100 feet, except 50 feet from parcels within Block 1102.05 facing either South Delsea Drive, Roberts Avenue, Belview Avenue, or Madison Avenue | |
Minimum 3-story building setback from tract boundary | 150 feet, except 100 feet from parcels within Block 1102.05 facing either South Delsea Drive, Roberts Avenue, Belview Avenue, or Madison Avenue | |
Maximum distances from building entrances to parking area | 180 feet | |
Maximum building length | 200 feet, except 260 feet where there is a change in facade angle of at least 30°; in either case projections/recesses a minimum of 24 inches are to be provided so that there is no length of uninterrupted facade greater than 100 feet | |
Maximum building coverage | 30% | |
Maximum impervious coverage | 65% | |
Minimum common open space | 25% of which a minimum of 20% shall be unconstrained from wetlands, wetlands buffer or floodplain |
(4)
Bulk requirements for commercial development.
Item | Requirement | |
|---|---|---|
Minimum lot area | 1.9 acres | |
Minimum lot frontage, width and depth | Dimensions of Block 1102.05, Lot 95 in its present configuration, respectively 171 feet, 171 feet and 452 feet | |
Minimum setback from a state right-of-way | 50 feet | |
Minimum setback from the Delsea Drive entrance drive | 25 feet | |
Minimum setback from residential use | 100 feet | |
Maximum building coverage | 40% | |
Maximum impervious coverage | 70% | |
Maximum building height | 35 feet/2 stories |
E.
Supplemental improvement and design standards.
(1)
Access.
(a)
Roadway access. The development shall have direct access to a state highway or a road identified as an arterial county road on the County Official Map or a road identified as an arterial road in the Borough Master Plan.
(b)
Emergency access. An emergency access road with access to Madison Avenue designed to the specifications of the Borough Engineer is to be constructed prior to issuance of the first certificate of occupancy. This road, for emergency vehicles only, shall be unpaved. Cross-section/materials shall be approved by the Borough Engineer and the Borough's emergency services. Paved access road completed, cross-section/materials approved by Borough Engineer in place the earlier of five years from the date of issuance of the first certificate of occupancy or issuance of the 121st certificate of occupancy. Road shall be one-way out only, with or without a controlled gate. Road shall be an adequate width to accommodate two-way circulation for emergency use. A traffic study is required and the final traffic flow will be subject to the approval by the Planning Board. Buffering of the access road is to be provided as found necessary pursuant to site plan review.
(c)
Access road to new street. The existing drive is to become one way in or closed to through traffic, except for emergency vehicles, with or without a controlled gate, and is to conform to the design standards for roadway type as set forth under the New Jersey Residential Site Improvement Standards, N.J.A.C. 5:21-1 et seq.
(2)
Buffering.
(a)
Minimum building buffer. A buffer having a minimum width of 100 feet is to be provided along the tract perimeter, except said dimension may be reduced to 25 feet where abutting parcels within Block 1102.05 facing Madison Avenue and Sugar Hill Drive.
(b)
Recreation buffer. A buffer having a minimum width of 50 feet is to be provided along the tract perimeter to buffer recreation activity from any abutting residential use, except in the case of passive recreation the buffer may be reduced to a width of 25 feet.
(c)
Stormwater management basin buffer. A buffer having a minimum width of 10 feet as measured from the top of bank is to be provided where a stormwater management basin abuts a tract boundary.
(d)
Buffer design. Buffers are to be designed so to provide an effective year-round screen and are to be comprised of evergreen and deciduous trees and shrubs. Buffers having a width of 50 feet or less are to include a double staggered row of evergreen trees. In any case, existing vegetation is to be preserved and supplemented with additional screening to compensate for the drip line of existing trees having a minimum caliper of 10 inches measured four feet above grade where located along the tract boundary.
(3)
Off-street parking for commercial use.
(a)
Location. Off-street parking may be provided forward of a building line along Delsea Drive, provided that the parking area is set back a minimum of 75 feet from the Delsea Drive right-of-way and further provided that the parking area and any appurtenant traffic circulation area do not occupy more than 50% of the lot frontage. Along the access roadway from Delsea Drive, parking for commercial uses may be located forward of a building line, provided that said area is set back a minimum of 50 feet from the access roadway, and further provided that the parking area and any appurtenant traffic circulation area do not occupy more than 50% of the lot frontage.
(b)
Setbacks. Stalls are to be set back a sufficient distance to enable installation of a six-foot-wide sidewalk between the parking area and building facade and be set back a minimum of 50 feet from a street right-of-way.
(c)
Buffering. Parking areas are to be screened from street view by a buffer having a minimum width of five feet. Said buffer is exempt from provision of a double staggered row of evergreen trees. Any parking area having frontage along Delsea Drive is to be provided with a buffer having a minimum width of 20 feet.
(d)
Stall number. Parking is to be provided at a ratio of 4.0 stalls per 1,000 square feet of gross floor area attributable to patron use. At the discretion of the Planning Board, the required number of stalls may be reduced by a maximum of 20% to allow for shared parking by uses having complimentary peak parking need.
(4)
Recreation amenities.
(a)
Active recreation. At a minimum, two tennis courts, one basketball court, and two play areas/tot lots are to be provided. Alternative amenities may be provided in the promotion of demand-based recreation at the discretion of the Planning Board.
(b)
Passive recreation. Amenities for the enjoyment of passive recreation are to include gazebos and/or pavilions, a community clubhouse, village greens, and a handicap-accessible walking trail having numerous points of connection with developed portions of the tract.
(5)
Solid waste management.
(a)
Trash enclosures. Trash enclosures of masonry construction having a side entry feature are to be provided for all outdoor trash and recycling storage areas and are to be set back a minimum of 100 feet from the Delsea Drive right-of-way; a setback of 25 feet is to be provided from any other lot line or tract boundary line.
(b)
Trash compactors. Where trash compactors are utilized, screening and/or sound barriers are to be employed to mitigate generated noise.
F.
Provision of affordable housing; general requirements.
(1)
The development is to yield a minimum of 46 units affordable to families of low and moderate income as defined by the New Jersey Council on Affordable Housing (COAH).
(2)
Fifty percent of the units (23) are to be affordable to families of low income with the remainder 50% affordable to families of moderate income.
(3)
Nine of the units are to be of one-bedroom construction, 28 of the units are to be of two-bedroom construction, and nine of the units are to be of three-bedroom construction.
(4)
Minimum floor area is to be 600 square feet for the one-bedroom units, 750 square feet for the two-bedroom units, and 950 square feet for the three-bedroom units.
(5)
Affordable housing units are to be deed restricted for a period of 30 years to occupancy by families of low and moderate income.
(6)
All affordable units are to be in full compliance with the Substantive Rules of the New Jersey Council on Affordable Housing (COAH) For the Period Beginning June 2, 2008, adopted May 6, 2008, as may be amended from time to time, and the requirements of the Uniform Housing Affordability Controls (UHAC), N.J.A.C. 5:80-26.1 et seq.
(7)
All units are to be provided on site and dispersed to the greatest extent practicable throughout the development; the proposed locations of the affordable units are to be depicted on the preliminary site plan/subdivision plans for review and approval of the Planning Board.
(8)
The developer shall provide 46 affordable rental units on site in the Berk's Walk Development. The developer shall have the option of transferring up to 18 of the 46 affordable units provided for in the Berk's Walk Development to the existing Rustic Village complex upon receiving approval by the Council on Affordable Housing (COAH). Such approval is contingent upon review and approval by COAH in accordance with its Substantive Rules and UHAC regulations, including but not limited to those regulations addressing financing, phasing, affirmative marketing and bedroom distribution.
[Amended 11-24-2009 by Ord. No. 18-2009]
§ 88-14 APA Adult Planned Apartment Residential District.
A.
Intent. The intent of this district is to provide standards for the development and redevelopment of appropriately zoned lands within the Borough for townhouses and garden apartments and other compatible uses in accord with the spirit of this chapter. The district is intended to primarily serve areas already zoned for this type of development. APA Districts are designed to make special provision for low lot coverage, low-density apartment development in limited areas of a predominantly single-family residential environment, where apartment development is considered appropriate by virtue of such criteria as direct access to major traffic or inter-community streets, proximity to public transportation, availability of public sewer and water facilities, adequacy of or provision for adult recreation and other community facilities, environmental amenity and safety.
B.
Age and occupancy requirements.
(1)
The following age and occupancy requirements shall apply to all dwelling units in an APA development:
(a)
Permanent residents must be at least 55 years of age, except that a spouse under 55 years may occupy a unit together with his or her spouse who is at least 55 years of age. Permanent residents are defined as people who live in the units more than 30 days in any twelve-month period or more than five consecutive days at any time.
(b)
A maximum of one child age 18 or older may also reside as a permanent resident with his or her parent or parents.
(c)
In no event, however, shall there be more than three permanent residents in any one unit.
(2)
Applicants for APA developments must present documentation verifying that the proposed development and its associated or accessory uses, facilities and services meet the requirements of the applicable federal laws and regulations governing housing for older persons which allow exemptions from prohibitions against discrimination because of familial status.
C.
Uses.
(1)
Principal uses permitted.
(a)
Townhouses.
(b)
Garden apartments or condominium flats.
(c)
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injury, provided that in no instance shall an individual community residence or shelter serve more than 15 persons, and adult family-care homes not serving more than three clients.
[Added 6-13-2002 by Ord. No. 10-02]
(2)
Accessory uses permitted.
(b)
Utility sheds for owner-occupied units only. In rental projects, the owner may provide an alternative for utility sheds in a single and unified area.
(e)
Recreational facilities.
(f)
Indoor common laundry facilities for garden apartments.
(g)
Model units or sales offices within the project shall be allowed but only during the period necessary for the sale or rental of units with the project. Such uses shall not be considered a business use.
D.
Bulk and design standards.
(1)
Garden apartments, condominium flats and/or townhouse developments:
(a)
Minimum tract size: 10 acres.
(b)
Maximum density for townhouses shall be eight units per acre measured strictly within that portion of the project designed for townhouses, while the maximum density for garden apartments shall be 10 units per acre measured strictly within that portion of the project designed for garden apartments.
(c)
Maximum building coverage: 30%.
(d)
Maximum impervious surface coverage: 50%.
(e)
Maximum building height: 35 feet.
(g)
Minimum building setback from public streets bordering the property and property lines: 50 feet.
(h)
Minimum building setback from internal public streets: 25 feet from the right-of-way line.
(i)
Minimum building setback from internal non-public streets: 25 feet from the curbline.
(j)
Minimum distance from building to parking: 25 feet.
(k)
Utility sheds or other accessory structures may not be located in the front yard and may not be located closer than five feet to any side or rear property line.
(l)
All off-street parking facilities shall be on the same site as the building and located within 150 feet of the nearest entrance of the building they are intended to serve. Parking spaces shall be provided in areas designed specifically for parking and there shall be no parallel parking along interior private streets unless the street width is constructed to Borough standards.
(m)
Buildings containing apartment flats shall be arranged in groups or clusters and not in long rows parallel to street lines. The total length of any one structure shall not exceed 200 feet.
(n)
Variations in setback, materials and design shall be encouraged.
(o)
More than one building per lot shall be permitted, provided the minimum tract size requirement is met. However, if fee simple townhouse units are proposed, each unit shall have a minimum lot area of 2,500 square feet.
(p)
A landscaped buffer, 25 feet in width, shall be provided along all public streets and adjacent to all property lines.
(q)
Buildings shall be designed in a common architectural style.
(r)
Sufficient area and equipment shall be provided within each building for the laundering and artificial drying of the laundry of the occupants of each building.
(s)
All dwelling units within a structure shall be connected to approved and functioning public water and sanitary sewer systems prior to the issuance of certificates of occupancy.
F.
Landscaped buffers and interior parking lot landscaping shall be provided as is required in § 88-33.
G.
Collection or storage of recyclable materials in multifamily housing shall be provided as required in § 88-60.
H.
Design and amenity requirements.
(1)
Architectural considerations. In order to encourage an attractive building arrangement, variations in the setback or alignment of buildings erected on the same frontage or attached to other buildings shall be provided, parallel arrangement of buildings shall be avoided and desirable variations in such things as the facade, construction and roof lines of apartment buildings and single-family attached units or townhouses shall be encouraged. Individuality in buildings shall be achieved also by the use of various external materials, colors, landscape elements and other design details. Exterior walls shall not be made of exposed cinder block.
(2)
Laundry facilities. Adequate laundry facilities consisting of automatic washing and clothes-drying machines in a laundry room shall be provided, or a washer and dryer shall be installed in each dwelling unit.
(3)
Storage space. A minimum of 300 cubic feet of fire-resistant separate storage space shall be provided for each dwelling unit. This storage space should be convenient to outside ground level and appropriate for storage of bicycles, trunks and items of dead storage.
(4)
Open space calculation. It shall be assumed that each building contains 25 feet of front yard, 25 feet of rear yard and 13 feet of side yards on each side. These yards shall be noted for purposes of the open space calculation regardless of the actual yard areas given in plans where units are sold fee simple or by condominium or rented. Such yard areas shall not be used for meeting the requirements of minimum open space.
§ 88-15 CB Central Business Commercial District.
A.
Intent. The intent of the CB Central Business Commercial District is to promote the development and redevelopment of the existing business area within the center of the Borough which contains a mix of retail, office, service, entertainment and civic uses. Recognized as an area in need of revitalization, the CB District remains a community focal point intended to serve the Borough and the immediate environs. This area, critical to the identity of the community, is densely developed and needs complimentary and coordinated development to meet the needs of business, consumers and residents. Regulations will be designed to control points of ingress and egress and to provide for common access and drives both to minimize the visual and traffic impacts of development and to improve the conditions for pedestrians.
B.
Uses.
(1)
Principal permitted uses on the land and in the buildings.
(a)
Apartments, only as part of a commercial use and not located on the first floor.
(b)
Stores for the sale of retail goods.
(c)
General business and professional offices, including medical offices.
(d)
Facilities of financial and related service organizations, including banks, stock brokers, realtors, insurance agencies, and similar facilities.
(e)
Shops specializing in personal or business services, including dry cleaning and copying centers and excluding the repair of large items which cannot be hand carried and large printing operations, e.g. newspaper or other publishing or printing.
(f)
Day-care centers.
(g)
Eating and drinking establishments, but not including fast-food or drive-in restaurants.
(h)
Institutional uses including a church, synagogue, or similar place of religious worship.
(i)
Custom handicraft making and selling.
(j)
Mortuary.
(2)
Accessory uses permitted.
(a)
Home occupations.
(b)
Off-street parking lots. However, no off-street parking shall be permitted in any part of the front yard. (See § 88-30 for additional standards.)
(c)
Drive-in windows for permitted uses in accordance with § 88-31C, provided that the design of exiting driveways may not bring exit movements onto a state highway.
(f)
The erection of television antennas, including a satellite dish less than 78 inches in diameter, and radio antennas, provided that they do not exceed the height limitation of the district. No more than two antennas shall be permitted per lot.
C.
Bulk standards.
(1)
Minimum lot area: 6,000 square feet.
(2)
Street frontage and yard requirements.
(a)
Minimum lot width at building line: 50 feet.
(b)
Minimum street frontage: 50 feet.
(c)
Minimum lot depth: 100 feet.
(d)
Minimum front yard.
[1]
All existing structures, completed or under construction, as per the effective date of this chapter, shall maintain the existing front yard setback unless the Board finds, with the assistance of the Economic Development Committee, that a proposed facade or addition replicates the architectural style and quality of the immediate area. The review shall include consideration of building materials and colors, proportions of facades devoted to glass, attention to historical details and fixtures, e.g., lighting fixtures, and signage. There is no minimum setback for compatible proposals.
[2]
Structures built after the effective date of this chapter shall have a minimum front yard setback of 10 feet from the street line unless the Board finds, with the assistance of the Economic Development Committee, that a proposed facade replicates the architectural style and quality of the immediate area. The review shall include consideration of building materials and colors, proportions of facades devoted to glass, attention to historical details and fixtures, e.g., lighting, and signage. There is no minimum setback for compatible proposals.
(e)
Minimum side yards: five feet.
(f)
Minimum rear yard: 25 feet.
(3)
Maximum building height: 35 feet.
(4)
Maximum building coverage: 50%.
(5)
Maximum impervious site coverage: 80%.
D.
Parking lot design.
(1)
Front yard parking prohibited. All on-site parking requirements shall be provided for and occur behind or to the side of all buildings. No parking shall be allowed between any street bordering the lot and the front building line or lines. Said ground-level parking lots are not permitted to be under or within existing or proposed structures.
(2)
Side yard parking must not be closer to the front property line than the front wall of the existing or proposed primary structure or 20 feet, whichever is greater. Such parking must be screened from the street using walls, fences, earth mounds, permanent evergreen landscaping or a combination thereof.
(3)
All on-site parking shall be separated from adjoining lots within a residential zone by a landscaped area at least 10 feet in width. This area may be reduced to no less than five feet if a solid fence or wall is provided to buffer the parked vehicles. Whenever a fence or wall is used, a minimum two-foot strip outside the fencing shall be landscaped with clusters of trees and shrubs with a maximum spacing between clusters of 15 feet.
(4)
Except when adjoining property owners cooperate by providing interconnected parking lots, all parking areas shall be three feet or more from property lines other than as provided in Subsection D(3) above. This strip shall be landscaped to provide visual relief across adjoining parking areas but is not designed to provide total screening as is required against residential properties in residential zones.
§ 88-16 CO Commercial Office District.
A.
Intent. The intent of the CO Commercial Office District is to promote the development and redevelopment of a portion of the existing commercial area adjacent to the central business area of the Borough which contains a mix of office, service and civic uses. The CO District is less intensely developed and is characterized by larger properties and deeper front yard setbacks. It is the intention of this chapter to maintain the character of this area by prohibiting retail sales and highway-oriented uses. Lots must be larger and deeper front yards will be maintained.
B.
Uses.
(1)
Principal permitted uses on the land and in the buildings.
(a)
Single-family detached dwellings.
(b)
Apartments, only as part of a commercial use and not located on the first floor.
(c)
General business and professional offices, including medical offices.
(d)
Facilities of financial and related service organizations, including banks, stock brokers, realtors, insurance agencies, and similar facilities.
(e)
Business services, including copying centers.
(f)
Day-care centers.
(g)
Eating and drinking establishments, but not including fast-food or drive-in restaurants.
(h)
Institutional uses including a church, synagogue, or similar place of religious worship.
(i)
Mortuary.
(2)
Accessory uses permitted.
(a)
Home occupation.
(b)
Off-street parking lots. However, no off-street parking shall be permitted in any part of the front yard for nonresidential developments. (See § 88-30 for additional standards.)
(f)
The erection of television antennas, including a satellite dish less than 78 inches in diameter, and radio antennas, provided that they do not exceed the height limitation of the district. No more than two antennas shall be permitted per lot.
C.
Bulk standards.
(1)
Minimum lot area: 15,000 square feet.
(2)
Street frontage and yard requirements.
(a)
Minimum lot width at building line: 70 feet.
(b)
Minimum street frontage: 70 feet.
(c)
Minimum lot depth: 100 feet.
(d)
Minimum front yard.
[1]
New buildings: 50 feet.
[2]
All existing structures, completed or under construction, as per the effective date of this chapter, shall maintain the existing front yard setback unless the Board finds, with the assistance of the Economic Development Committee, that a proposed facade or addition replicates the architectural style and quality of the immediate area. The review shall include consideration of building materials and colors, proportions of facades devoted to glass, attention to historical details and fixtures, e.g., lighting fixtures, and signage. Compatible architectural structures have a minimum setback of 40 feet.
(e)
Minimum side yards: 10 feet.
(f)
Minimum rear yard: 25 feet.
(3)
Maximum building height: 35 feet.
(4)
Maximum building coverage: 40%.
(5)
Maximum impervious site coverage: 70%.
D.
Parking lot design.
(1)
Front yard parking prohibited. All on-site parking requirements shall be provided for and occur behind or to the side of all buildings. No parking shall be allowed between any street bordering the lot and the front building line or lines. Said ground-level parking lots are not permitted to be under or within existing or proposed structures.
(2)
Side yard parking must not be closer to the front property line than the front wall of the existing or proposed primary structure. Such parking must be screened from the street using walls, fences, earth mounds, permanent evergreen landscaping or a combination thereof.
(3)
All on-site parking shall be separated from adjoining lots within a residential zone by a landscaped area at least 10 feet in width. This area may be reduced to no less than five feet if a solid fence or wall is provided to buffer the parked vehicles. Whenever a fence or wall is used, a minimum two-foot strip outside the fencing shall be landscaped with clusters of trees and shrubs with a maximum spacing between clusters of 15 feet.
(4)
Except when adjoining property owners cooperate by providing interconnected parking lots, all parking areas shall be three feet or more from property lines other than as provided in Subsection D(3) above. This strip shall be landscaped to provide visual relief across adjoining parking areas but is not designed to provide total screening as is required against residential properties in residential zones.
§ 88-17 HB Highway Business Commercial District.
A.
The intent of the HB Highway Business Commercial District is to promote the development and redevelopment of the vacant land and developed properties outside of the central commercial areas of the Borough. It is intended to promote the development of larger tracts of land and to encourage the consolidation of smaller parcels. The district will permit a mix of commercial uses and will include highway-oriented and drive-in uses. The complimentary and coordinated development of adjacent properties shall be encouraged through regulation designed to control points of ingress and egress, provide for common access and drives and shared parking. Design standards will be targeted at minimizing the visual and traffic impacts of development and to improve the conditions for pedestrians.
[Amended 12-9-2021 by Ord. No. 27-2021]
B.
Uses.
(1)
Principal permitted uses on the land and in the buildings in HB District.
[Amended 12-9-2021 by Ord. No. 27-2021]
(a)
The following principal uses shall be permitted by right:
[1]
All nonresidential principal uses permitted by right in the CB and CO Districts.
[2]
Hotels or motels.
[3]
Medical clinic with offices for the practice of medicine by more than one doctor and/or medical group for the examination of and/or treatment of persons as outpatients and the laboratories incidental thereto.
[4]
Movie theaters, performing arts facilities, and community centers.
[5]
Shopping center.
[6]
Supermarket, when located in a shopping center.
[7]
Recreation, exercise and health clubs and facilities when owned and operated by a nongovernmental agency, including but not limited to buildings for bowling alleys, indoor court games such as racquetball, handball, squash, tennis, and basketball and other facilities related thereto, including indoor swimming and sauna facilities.
[8]
Public park and ride facilities.
[9]
Garden center stores and facilities.
(b)
The following principal uses or accessory are permitted conditionally upon a determination by the Planning Board that the use can be provided in a manner that will minimize the impact upon adjacent properties, will be compatible with the surrounding neighborhood, will not unduly burden adjacent areas with increases in traffic, noise, or threats to public health and safety, and will conform to such additional standards as provided in Article IV. All uses must be provided with public water and sewer services.
[1]
Fast-food or drive-in restaurants, only as part of a shopping center, provided that access and egress provided from within the shopping center, i.e., access and egress movements directly from the public streets to the restaurant site, are prohibited.
[2]
Automobile sales.
[3]
Service stations.
[4]
Towers and/or antennas designed for cellular communications, personal communications services or other communication technologies.
(2)
Accessory uses permitted.
(a)
Off-street parking lots.
(b)
Drive-in windows for permitted uses in accordance with § 88-31, provided that the design of exiting driveways may not permit exit movements onto state highways.
(e)
The erection of television antennas, including a satellite dish less than 78 inches in diameter, and radio antennas, provided that they do not exceed the height limitation of the district. No more than two antennas shall be permitted per lot.
C.
Bulk standards.
(2)
Street frontage and yard requirements.
(a)
Minimum lot width at building line: 200 feet for lots with retail uses, 150 feet for all others.
(b)
Minimum street frontage: 200 feet for lots with retail uses, 150 feet for all others.
(c)
Minimum lot depth: 200 feet.
(d)
Minimum front yard: 100 feet.
(e)
Minimum side yards: 50 feet.
(f)
Minimum rear yard: 75 feet.
(3)
Maximum building height: 35 feet.
(4)
Maximum building coverage: 50%.
(5)
Maximum impervious site coverage: 80%.
(6)
Maximum floor area. Retail stores shall have a gross leasable area no greater than 60,000 square feet.
D.
Buffers and landscaping.
(1)
Landscaped buffers should be provided as follows:
(a)
Adjacent to any street line: 50 feet for multiple-use properties or shopping centers or lots equal to or larger than 60,000 square feet; 25 feet for single-use properties or lots smaller than 60,000 square feet.
(b)
Adjacent to a residential district: 50 feet.
(c)
Adjacent to a nonresidential district: 20 feet.
F.
Shopping centers and retail uses larger than 25,000 square feet shall be designed using the following additional standards:
(1)
Architectural character.
(a)
Visual interest. Facades shall provide a visual interest consistent with the Borough of Clayton's identity, character and scale.
(b)
Facades greater than 100 feet in length, measured horizontally, shall incorporate wall plane projections or recesses having a depth of a least 3% of the length of the facade and extending at least 20% of the length of the facade. No uninterrupted length of any facade shall exceed 100 horizontal feet.
(c)
Ground floor facades shall have arcades, display windows, entry area, awnings or other such features along no less than 60% of the horizontal length.
(d)
Building facades must include a repeating pattern that shall include changes in color, texture and material modules. At least one of the elements shall repeat horizontally. All elements shall repeat at intervals of no more than 30 feet, either horizontally or vertically.
(e)
Roof lines. Variations in roof lines must be used to add interest to and reduce the massive scale of large buildings. Roofs shall have no less than two of the following features:
[1]
Parapets concealing flat roofs and rooftop equipment such as HVAC units from public view. The average height of such parapets shall not exceed 15% of the height of the supporting wall, and such parapets shall not at any point exceed 1/3 of the height of the supporting wall. Such parapets shall feature three-dimensional cornice treatment.
[2]
Overhanging eaves, extending no less than three feet past the supporting walls.
[3]
Sloping roof that does not exceed the average height of the supporting walls, with an average slope greater than or equal to one foot of vertical rise for every three feet of horizontal run and less than or equal to one foot of vertical rise for every one foot of horizontal run.
[4]
Three or more roof slope planes.
(f)
Materials and colors.
[1]
Predominant exterior building materials shall be high-quality material, including brick, wood, sandstone or tinted textured concrete masonry units.
[2]
Facade colors shall be low reflectance, subtle, neutral or earth-tone colors. The use of high-intensity colors, metallic colors, black or fluorescent colors is prohibited.
[3]
Building trim and accent areas may features brighter colors, including primary colors, but neon tubing shall not be an acceptable feature for building trim or accent areas.
[4]
Predominant exterior building material should not include smooth-faced concrete blocks, tilt-up concrete panels or prefabricated steel panels.
(2)
Outdoor storage, trash collection and loading.
(a)
Areas for outdoor storage, truck parking, trash collection or compaction, loading, or other such uses shall not be visible from abutting streets.
(b)
No areas for outdoor storage, trash collection or compaction, loading or other such uses shall be located within 50 feet of any public street, public sidewalk or internal pedestrianway.
(c)
Loading docks, truck parking, outdoor storage, utility meters, HVAC equipment, trash collection, trash compaction, and other service functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets.
(d)
Non-enclosed areas for the storage and sale of seasonal inventory shall be permanently defined and screened with walls and/or fences.
(3)
Parking field location. Parking fields may be located within 100 feet of the primary street upon which a shopping center abuts for no more than 50% of the frontage along the primary street, except for parking specifically designed to serve separate buildings or pad sites located between the principal structure and the street.
§ 88-18 HIO Highway Industrial/Office District.
A.
Intent. The intent of the Highway Industrial/Office District is to promote the development of appropriate areas within the Borough which will provide opportunities for the use of buildings for larger uses including office buildings, light manufacturing, office/warehousing uses known as "flex space" and research facilities.
B.
Uses.
(1)
Principal permitted uses on the land and in the buildings. The following principal uses and no others shall be permitted, provided that the use does not create any noise, vibration, smoke, dust, odor, heat, glare, or other objectionable effect in excess of the performance standards for industrial developments as required in § 88-38:
(a)
Scientific or industrial research, testing or experimental laboratory, or product development.
(b)
Printing, publishing, lithographing, binding, or similar processes.
(c)
Assembly and light manufacturing.
(d)
Warehousing and distribution in combination with other uses, but not including a truck terminal.
(e)
Mail order merchandise facility.
(f)
Motion picture film production, television or radio studio, cable television studio, satellite ground station.
(g)
General business offices, banks, and offices of financial institutions.
(h)
Beverage distribution.
(i)
Data processing and information processing centers.
(j)
Wholesale greenhouse, nursery and wholesale florist.
(k)
Towers and/or antennas designed for cellular communications, personal communications services or other communication technologies.
(2)
Accessory uses permitted.
(b)
Garages to house delivery trucks and other commercial vehicles. (Unenclosed storage of trucks and trailers is not permitted.)
(e)
The warehousing of materials permitted in association with a permitted principal use.
(f)
Outdoor storage, permitted conditionally upon a determination by the Planning Board that the use can be provided in a manner that will minimize the impact upon adjacent properties and will conform to such additional standards as provided in Article IV.
(g)
The erection of television antennas, including a satellite dish less than 78 inches in diameter, and radio antennas, provided that they do not exceed the height limitation of the district. No more than two antennas shall be permitted per lot.
C.
Bulk standards.
(1)
Minimum lot area: three acres.
(2)
Minimum lot width at building line: 200 feet.
(3)
Minimum lot depth: 250 feet.
(4)
Minimum front yard: 100 feet.
(7)
Maximum building height: 35 feet.
(8)
Maximum building coverage (includes all principal and accessory buildings): 35%.
(9)
Maximum impervious coverage: 80%.
(10)
Accessory structures shall be subject to all the same locational requirements as principal buildings.
D.
Buffers and landscaping.
§ 88-19 RIO-1 Restricted Industrial/Office-1 District.
A.
Intent. The intent of the RIO-1 Restricted Industrial/Office-1 District is to provide clean, less intense, industrial and office uses in proximity to existing and proposed residential areas. Standards are aimed at minimizing the visual and traffic impact and aiding in the transition from the more intense to the less intense uses. The RIO-1 District is intended to encourage development of moderate industrial parcels and industrial parks with nonpolluting industrial and related uses.
B.
Uses.
(1)
Principal permitted uses on the land and in the buildings. The following principal uses and no others shall be permitted, provided that the use does not create any noise, vibration, smoke, dust, odor, heat, glare, or other objectionable effect in excess of the performance standards for industrial developments as required in § 88-38:
(a)
Scientific or industrial research, testing or experimental laboratory, or product development.
(b)
Printing, publishing, lithographing, binding, or similar processes.
(c)
Assembly and light manufacturing.
(d)
Warehousing and distribution in combination with other uses, but not including a truck terminal.
(e)
Mail order merchandise facility, but not including retail sales.
(f)
Motion picture film production, television or radio studio, cable television studio, or satellite ground station.
(g)
Data processing and information processing centers.
(h)
Wholesale greenhouse, nursery and wholesale florist.
(2)
Accessory uses permitted.
(b)
Garages to house delivery trucks and other commercial vehicles. (Unenclosed storage of trucks and trailers is not permitted.)
(e)
The warehousing of materials permitted in association with a permitted principal use.
(f)
Outdoor storage, permitted conditionally upon a determination by the Planning Board that the use can be provided in a manner that will minimize the impact upon adjacent properties and will conform to such additional standards as provided in Article IV.
(g)
Towers and/or antennas designed for cellular communications, personal communications services or other communication technologies are permitted conditionally in accordance with Article IV.
(h)
The erection of television antennas, including a satellite dish less than 78 inches in diameter, and radio antennas, provided that they do not exceed the height limitation of the district. No more than two antennas shall be permitted per lot.
C.
Bulk standards.
(1)
Minimum lot area: two acres.
(2)
Minimum lot width at building line: 150 feet.
(3)
Minimum lot depth: 250 feet.
(4)
Minimum front yard: 100 feet.
(7)
Maximum building height: 35 feet.
(8)
Maximum building coverage (includes all principal and accessory buildings): 35%.
(9)
Maximum impervious coverage: 80%.
(10)
Accessory structures shall be subject to all the same locational requirements as principal buildings.
D.
Buffers and landscaping.
§ 88-20 RIO-2 Restricted Industrial/Office-2 District.
A.
Intent. The intent of the RIO-2 Restricted Industrial/Office-2 District is to provide clean, less intense, industrial and office uses in proximity to existing and proposed residential areas. Standards are aimed at minimizing the visual and traffic impact and aiding in the transition from the more intense to the less intense uses. The RIO-2 District is intended to encourage development of smaller industrial parcels with nonpolluting industrial and related uses.
B.
Uses.
(1)
Principal permitted uses on the land and in the buildings. The following principal uses and no others shall be permitted, provided that the use does not create any noise, vibration, smoke, dust, odor, heat, glare, or other objectionable effect in excess of the performance standards for industrial developments as required in § 88-38:
(a)
Scientific or industrial research, testing or experimental laboratory, or product development.
(b)
Printing, publishing, lithographing, binding, or similar processes.
(c)
Assembly and light manufacturing.
(d)
Warehousing and distribution in combination with other uses, but not including a truck terminal.
(e)
Mail-order merchandise facility, but not including retail sales.
(f)
Motion picture film production, television or radio studio, cable television studio, or satellite ground station.
(g)
Data processing and information processing centers.
(h)
Wholesale greenhouse, nursery and wholesale florist.
(2)
Accessory uses permitted.
(b)
Garages to house delivery trucks and other commercial vehicles. (Unenclosed storage of trucks and trailers is not permitted.)
(e)
The warehousing of materials permitted in association with a permitted principal use.
(f)
Outdoor storage, permitted conditionally upon a determination by the Planning Board that the use can be provided in a manner that will minimize the impact upon adjacent properties and will conform to such additional standards as provided in Article IV.
(g)
Towers and/or antennas designed for cellular communications, personal communications services or other communication technologies are permitted conditionally in accordance with Article IV.
(h)
The erection of television antennas, including a satellite dish less than 78 inches in diameter, and radio antennas, provided that they do not exceed the height limitation of the district. No more than two antennas shall be permitted per lot.
C.
Bulk standards.
(1)
Minimum lot area: 1.5 acres.
(2)
Minimum lot width at building line: 150 feet.
(3)
Minimum lot depth: 250 feet.
(4)
Minimum front yard: 100 feet.
(7)
Maximum building height: 35 feet.
(8)
Maximum building coverage (includes all principal and accessory buildings): 35%.
(9)
Maximum impervious coverage: 80%.
(10)
Accessory structures shall be subject to all the same locational requirements as principal buildings.
D.
Buffers and landscaping.
§ 88-21 I Industrial District.
A.
Intent. The intent of the Industrial District is to promote the development of appropriate areas within the Borough which will provide opportunities for the use of buildings for a full range of large and small industrial uses on individual parcels or in industrial parks. While many diverse uses are intended, only nonpolluting industrial uses and related uses will be permitted.
B.
Uses.
(1)
The following principal uses and no others shall be permitted, provided that the use does not create any noise, vibration, smoke, dust, odor, heat, glare, or other objectionable effect in excess of the performance standards for industrial developments as required in § 88-38:
(a)
Scientific or industrial research, testing or experimental laboratory, or product development.
(b)
General business or governmental offices.
(c)
Repair and service of home, business, and/or industrial appliances, equipment, or instruments.
(d)
Assembly and light manufacturing.
(e)
Warehouse, storage, packing and crating, and distribution facilities.
(f)
Data processing, printing, publishing, book binding, engraving, lithographing, reproducing, photo finishing, film processing, radio, television, or cinema studio, or similar establishment.
(g)
Cold storage, frozen food, and food processing.
(h)
Laundry, cleaning, and dyeing plant.
(i)
General service or contractor's shop, including carpenter and cabinet making shop, roofing shop, plumbing shop, furniture repair, light metal working, electrical shop, and similar establishments.
(j)
Automobile repair, body work, and painting.
(k)
Mail-order merchandise business, provided that no retail sales to the general public occur on site.
(l)
Commercial greenhouse, nursery, and wholesale florist.
(n)
The storage, parking and/or garaging of motor vehicles and associated trailers which are currently licensed by the State of New Jersey for use on public streets; provided, however, that in no case shall this provision be interpreted to permit the operation of an automotive junkyard.
(2)
Accessory uses permitted.
(b)
Structures to house delivery trucks and other commercial vehicles.
(e)
Outdoor storage, permitted conditionally upon a determination by the Planning Board that the use can be provided in a manner that will minimize the impact upon adjacent properties and will conform to such additional standards as provided in Article IV.
(f)
The erection of television antennas, including a satellite dish less than 78 inches in diameter, and radio antennas, provided that they do not exceed the height limitation of the district. No more than two antennas shall be permitted per lot.
C.
Bulk standards.
(1)
Minimum lot area: one acre.
(2)
Minimum lot width at building line: 150 feet.
(3)
Minimum lot depth: 200 feet.
(4)
Minimum front yard: 50 feet.
(7)
Maximum building height: 35 feet.
(8)
Maximum building coverage (includes all principal and accessory buildings): 40%.
(9)
Maximum impervious coverage: 80%.
(10)
Accessory structures shall be subject to all the same locational requirements as principal buildings.
D.
Buffers and landscaping.
§ 88-22 CF/I Community Facility Institutional District.
A.
Intent. The intent of the CF/I Community Facility Institutional District is to provide regulations for public and quasi-public or institutional land uses and to ensure their compatibility with surrounding land uses. Included in this designation are open space and/or recreation sites under the jurisdiction of various levels of government and nonprofit organizations.
B.
Uses.
(1)
Principal permitted uses on the land and in the buildings.
(a)
Uses by right.
[1]
Governmental use or building, other than those enumerated as conditional uses below, including but not limited to a municipal administrative or public safety facility, community center, library, or park.
[2]
Private or public elementary, secondary or nursery school accredited by the State Department of Education.
[3]
Public playgrounds, woodland, wildlife preserve, natural resource conservation area and parks.
[4]
Conservation area, park or recreational facility under the jurisdiction of a nonprofit organization.
(b)
The following principal uses are permitted conditionally upon a determination by the Planning Board that the use can be provided in a manner that will minimize the impact upon adjacent properties, will be compatible with the surrounding neighborhood, will not unduly burden adjacent areas with increases in traffic, noise, or threats to public health and safety, and will conform to such additional standards as provided in Article IV:
[1]
Convalescent home, nursing home, or similar health facility.
[2]
Church, synagogue, chapel, convent, or similar place of worship, including a rectory or parish house.
[3]
Cemetery and crematorium; provided, however, that crematorium chimneys shall not be located within 500 feet of any street or residential property line.
[4]
Private recreational use of a primarily outdoor character, such as swim clubs, tennis clubs, country clubs, or similar facilities.
[5]
Child-care center.
C.
Bulk standards.
(1)
Minimum lot size: two acres.
(2)
Minimum street frontage: 300 feet.
(3)
Minimum lot width: 300 feet.
(4)
Minimum front yard: 50 feet.
(7)
Maximum building height: 35 feet.
(8)
Maximum building coverage (includes all principal and accessory buildings located on a site): 35%.
(9)
Maximum impervious coverage: 80%.
(10)
Accessory structures shall be subject to all the same locational requirements as principal buildings and shall not have a ground floor area in excess of 5% of the area of the site.
D.
Future use of institutional land.
(1)
Because of the unique and varied character of uses permitted in the Institutional District, either by right or by conditional approval, it may not be appropriate to allow one institutional use to automatically replace another institutional use upon its abandonment or discontinuance. For the purposes of this section, the replacement of any use with another which is not of the exact character of the previous use shall be considered a change of use.
(2)
In the event of the nonuse, abandonment, or change in the use of any institutionally zoned land, the Planning Board, on its own motion or upon an application for a zoning change, shall consider the site and make a recommendation to the Borough Council as to an appropriate Zoning Map amendment for the site in question.
E.
Buffers and landscaping.
§ 88-23 Floodplain Conservation District.
A.
Intent.
(1)
It is hereby found that certain streams, creeks and waterways of the Borough are subject to recurring flooding, that such flooding damages and endangers life and public and private property and facilities, that this condition is aggravated by developments and encroachments in the floodplain and that the most appropriate method of alleviating such condition is through regulation of such developments and encroachments. It is therefore determined that the special and paramount public interest in the floodplain justifies the regulation of property located therein as provided in this section, which is in the exercise of the regulatory power of the municipality, for the protection of the persons and property of its inhabitants and for the preservation of the public health, safety and general welfare.
(2)
The intent of this section shall be to protect areas of the floodplain subject to and necessary for the containment of floodwaters and to permit and encourage the retention of open space land uses which will be so located and utilized as to constitute a harmonious and appropriate aspect of the continuing physical development of the Borough.
B.
Specific objectives.
(1)
To combine with present zoning requirements certain restrictions made necessary for flood-prone areas to promote the general health, welfare and safety of the Borough.
(2)
To prevent the erection of structures in areas unfit for human usage by reason of danger from flooding.
(3)
To minimize danger to public health by protecting the quality and quantity of surface and subsurface water supplies adjacent to and underlying flood hazard areas and promoting safe and sanitary drainage.
(4)
To permit only those uses which can be appropriately located in the floodplain as herein defined and which will not impede the flow or storage of floodwaters or otherwise cause danger to life and property at, above or below their locations along the floodplains.
(5)
To provide sufficient drainage courses to carry abnormal flows or stormwater in periods of heavy precipitation.
(6)
To reduce the financial burdens imposed on the community, its governmental units and its individuals by frequent and periodic floods and overflow of lands.
(7)
To protect adjacent landowners and those both upstream and downstream from damages resulting from development within a floodplain and the consequent obstruction or increase in flow of floodwaters.
(8)
To protect the entire Borough from individual uses of land which may have an effect upon subsequent expenditures for public works and disaster relief and which may adversely affect the economic well-being of the Borough.
(9)
To maintain undisturbed the ecological balance between those natural systems elements, including wildlife, vegetation and marine life, which are dependent upon watercourses and water areas.
(10)
To protect other municipalities within the same watershed from the impact of improper development and the consequent increased potentials for flooding.
(11)
To provide areas for the temporary natural storage of floodwaters.
(12)
To require that uses vulnerable to floods, including public facilities, be constructed so as to be protected from flood damage in accordance with the purpose and requirements of the National Flood Insurance Program, P.L. 93-234.
C.
Incorporation of map by reference; floodplain boundaries.
(1)
This section consists of this text and the floodplain maps prepared by the Federal Emergency Management Agency, titled "Borough of Clayton, NJ (Gloucester Co.), Flood Hazard Boundary Map H-01 thru H-04," effective date March 11, 1983. Said maps are on file in the office of the Borough Clerk and are incorporated in this section by reference as though fully set forth in this text. However, the Planning Board Engineer may modify the one-hundred-year-storm criteria based on specific circumstances.
(2)
All other streams and waterways in the Borough not included above are deemed to be floodplains. Twenty feet on both sides of streams, as measured from the center line of streams, are presumed to be floodplains in the absence of proof to the contrary.
(3)
This section shall also consist of any and all reports, maps, revisions and amendments of these texts as may be prepared from time to time, provided that such additional documents are in agreement with the Planning Board Engineer, Corps of Engineers, Natural Resources Conservation Service or any agency of the United States government authorized to define floodplain criteria.
(4)
In cases of doubt, uncertainty or a dispute as to the exact limits of the floodplain, the floodway or flood hazard area in a proposed development, the applicant's engineer shall submit all of the appropriate floodplain data, topography, hydrology, hydraulics and any other information required by the Planning Board. After receipt of the complete data, the Planning Board Engineer shall, upon the application and with the consent of the landowner, determine the precise location of a floodplain, floodway or flood hazard area limit by close inspection, field survey or other appropriate method and cause the same to be marked on the ground, notifying the landowner, the Building Inspector and the Planning Board of the results thereof. The cost of such engineering shall be borne by the applicant.
D.
Overlay concept; applicable areas; density.
(1)
The Floodplain Conservation District shall be deemed an overlay on any zoning district now or hereafter applicable to any lot.
(2)
Should the Floodplain Conservation District be declared inapplicable to any tract, the zoning applicable to such lot shall be deemed to be the district in which it is located without consideration of this section. In appropriate cases the center line of the streams shall be in the district boundary line.
(3)
Should the zoning of any parcel or any part thereof in which the Floodplain Conservation District is located be changed through any legislative or administrative actions or judicial decision, such change shall have no effect on the Floodplain Conservation District unless such change was included as part of the original application.
(4)
Lands in the floodplain shall not be used to calculate the allowable number of units in a project.
E.
Prohibited uses. The following uses shall not be permitted in the Floodplain Conservation District, except if permitted by the Planning Board upon the submission of acceptable proofs:
(1)
All freestanding structures and buildings and retaining walls, with the exception of flood retention dams, culverts and bridges as approved by the New Jersey Department of Environmental Protection.
(2)
The filling of or removal of topsoil from all floodplain lands, except as approved under the provisions of this section.
(3)
The relocation of any watercourse without approval by the Planning Board and the Natural Resources Conservation Service, United States Department of Agriculture, thereon and the relocation of any watercourse without the approval of the New Jersey Department of Environmental Protection.
(4)
Sanitary landfills, dumps, junkyards, outdoor storage of vehicles and materials.
(5)
On-site sewage disposal systems.
(6)
Private water supply wells for potable purposes.
F.
Permitted uses. The following uses and no others are permitted in the Floodplain District:
(1)
Cultivation and harvesting crops according to recognized soil conservation practices.
(2)
Pasture and grazing of animals.
(3)
Outdoor plant nursery or orchard.
(4)
Wildlife sanctuary, woodland preserve, arboretum and passive recreation or parks, including hiking, bicycle and bridle trails, but not including facilities subject to damage by flooding.
(5)
Game farm, fish hatchery or hunting and fishing reserve for the protection and propagation of wildlife, but not permitting any structures.
(6)
Forestry, lumbering and reforestation according to recognized natural resources conservation practices.
(7)
Residential front, side and/or rear yards and uses customarily incidental thereto, except that no structures or dwellings shall be permitted within 100 feet of the floodplain, except as permitted by the Planning Board upon submittal of acceptable proofs. Inclusion of floodplain lands within the residential lots in order to meet minimum lot area or yard requirements is contingent upon complying with the objectives and standards set forth in the declaration of legislative intent of this section and with any other pertinent municipal regulations. If such compliance cannot be shown, the land area within the Floodplain Conservation District shall not be included for purposes of determining lot areas or yard requirements.
(8)
Normal accessory use permitted under the applicable zoning district and as further restricted by the standards set forth in this section.
(9)
Recreational use, whether open to the public or restricted to private use, such as parks, camps, picnic areas, fishing areas and sport or boating clubs, not to include enclosed structures, excepting floodproof toilet facilities but permitting piers, docks, floats or unenclosed shelters usually found in developed outdoor recreational areas. Any floodproof toilet facilities provided shall be connected to public water and sewerage systems.
(10)
Sewage treatment plant, outlet installations for sewage treatment plants and sewage pumping stations with the approval of the Planning Board Engineer, appropriate sewer authorities and the New Jersey Department of Environmental Protection, when accompanied by documentation as to the necessity for locating within the boundaries of the Floodplain Conservation District.
(11)
Dams, culverts and bridges with the approval of appropriate authorities with jurisdiction such as the Department of Environmental Protection.
(12)
Sanitary or storm sewers and impoundment basins, with the approval of the Planning Board Engineer and the New Jersey Department of Environmental Protection.
(13)
Utility transmission lines.
(14)
Roads, driveways and parking facilities.
(15)
Grading or regrading of lands, including the deposit of topsoil and the grading thereof. The application for such a use shall be accompanied by the following:
(a)
Detailed engineering studies indicating the effects on drainage and streams on all adjacent properties as well as the property in question, including the necessary data to determine whether the boundaries of the Floodplain Conservation District would be affected if the application were granted.
(b)
An application for amending the boundaries of the Floodplain Conservation District if the boundaries are affected by the grading or regrading of land.
(c)
A plan indicating the deposition of any fill or materials proposed to be deposited by the grading or regrading of land. Such fill or other materials shall be protected against erosion by riprap, vegetative cover or bulkheading.
G.
Floodplain permit application. For any use of land in the Floodplain Conservation District, except uses existing as of the date of the enactment of this section, an application for a floodplain permit shall be as follows:
(1)
The applicant shall apply to the Planning Board in accordance with either the site development plan procedures or the subdivision procedures.
(2)
In addition to the information required in the above-noted procedures, the applicant shall also furnish a plan certified by a registered professional engineer showing the following data:
(a)
Contour lines at intervals of not more than two feet.
(b)
Exact size, shape, location and elevation of existing and proposed buildings and structures.
(c)
Floodplain, floodway and flood hazard area limits and development therein.
(d)
Channel or stream.
(e)
Proposed fill limits, regrading and elevations.
(f)
Floodproofing measures.
(g)
Exact dimensions and acreage of each lot or plot to be built upon or otherwise used.
(h)
The location, layout and elevation of existing and proposed parking areas.
(i)
Driveway drainage.
(j)
Sewer and water facilities and connections.
(k)
Plantings, seedings and signs.
(l)
Such other information as shall be reasonably required for an evaluation of the effect of the development upon flood control.
(3)
The following additional information may be deemed necessary by the Planning Board or Planning Board Engineer for the evaluation of effects of the proposal upon flood flows and floodwater storage and to render a decision on the proposed floodplain use:
(a)
A typical valley cross section showing the channel of the stream, the floodplain adjoining each side of the channel, cross-sectional area to be occupied by the proposed development and high-water information.
(b)
Plan surface view showing evaluation or contours of the ground; pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities and soil types; and other pertinent information.
(c)
Profile showing the slope of the bottom of the channel of flow line of the stream.
(d)
Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvements, storage of materials, water supply and sanitary facilities.
(e)
A plan or document certified by a registered professional engineer that the floodproofing measures are consistent with requirements for the flood protection elevation for the particular area and to include:
[1]
Anchorage to resist flotation and lateral movements.
[2]
Installation of watertight doors, bulkheads and shutters.
[3]
Reinforcements of walls to resist water pressures.
[4]
Use of paints, membranes or mortar to reduce seepage of water through walls.
[5]
Additions of mass or weight to structures to resist flotation.
[6]
Installation of pumps to lower water levels in structures.
[7]
Construction of water supply and waste treatment systems so as to prevent the entrance of floodwaters.
[8]
Pumping facilities for subsurface external foundation wall and basement water pressures.
[9]
Construction to resist rupture or collapse caused by water pressure or floating debris.
[10]
Cutoff valves or sewer lines or the elimination of gravity flow basement drains.
[11]
Elevation of structures to reduce the likelihood of flood damage.
H.
Standards for reviewing applications. In reviewing applications, the Planning Board shall consider and be guided by the purposes, policies and specific objectives set forth in this section and, in addition, shall apply the following standards:
(1)
As to development in the floodway, primary consideration shall be given to preserving this area by defining the minimum capacity required for the passage of flood flows without aggravating flood conditions upstream and downstream. Encroachments therein shall therefore be permitted most sparingly and only in cases in which the public interest will be served, such as bridges, roads, utility installations and the like, and the temporary storage of material or equipment in connection with and during the construction thereof, or where the obstruction is minimal, such as surface parking or recreational areas, open fencing and the like, and then, in either case, only in accordance with conditions designed to limit the obstruction to the practicable minimum.
(2)
As to developments in the flood hazard area outside the floodway, primary consideration shall be given to the protection of persons and property involved in the development, and such consideration shall not be avoided by the waiver of the applicant. Normal accessory uses shall be permitted only where the building or structure is not designed or intended as a human dwelling place and will not, by reason of its size, shape, construction or location, have any adverse effect upon the functioning of the floodway.
§ 88-23.1 Planned Residential Development District.
[Added 12-27-2001 by Ord. No. 23A-01]
A.
Intent. The intent of this section is to provide suitable opportunity for the development of well-planned residential development that is integrated with recreational facilities and with open space. The planned residential developments provided for in this district shall be primarily intended to serve the needs of older adults, but not all dwelling units need be age-restricted, as provided for herein.
C.
Development and design standards.
(1)
All uses not developed as a planned residential development shall comply with the bulk and design standards of the A Agricultural Zoning District.
(2)
Planned residential developments shall conform to the following standards:
(a)
A planned residential development shall be developed and operated under the direction and control of a single owner or agent for the owner.
(b)
A minimum of 100 acres is required and shall be developed under a unified plan. The planned residential development area may include public roads and rights-of-way that bisect the area.
(c)
The planned residential development area shall contain a minimum frontage of 200 feet on a county or state road.
(d)
A traffic impact study shall be required.
(e)
Public sewer and public water service shall be provided for all dwellings in the planned residential development.
(f)
The design of the planned residential development shall be as follows:
[1]
Planned residential developments are encouraged and required to use innovative design and planning in order to encourage a built environment that reflects the character of a hamlet or village. The architectural styles and themes must allow for a diversity of design styles and dwelling types. The development should consist of harmonious groupings of buildings and other land uses, including the arrangement of circulation, parking and open space, contained in the integral cohesive plan, reflecting sensitivity to the community and the natural resources available.
[2]
Designs must create recognizable neighborhoods which emphasize pedestrian circulation, attractive civic spaces, squares, greens and parks, with a special sense of neighborhood identity. Environmentally sensitive open space and wildlife habitats must be preserved and protected while allowing and encouraging residents to appreciate these resources with well planned and low-impact access, e.g., trails through stream corridors.
(g)
The following age and occupancy requirements apply:
[1]
Not less than 60% of the dwelling units in a planned residential development shall be restricted to occupancy by households containing at least one person who shall have attained an age of at least 55 years and which have no persons under the age of 18 years. Age-restricted dwelling units shall comply with all federal and state regulations governing housing for older persons which allow exemptions from prohibitions against discrimination because of familial status.
[2]
There shall be no age restriction on the members of households living in the remaining 40% of the dwelling units in a planned residential development.
(h)
The following uses are permitted in a planned residential development:
[1]
Principal permitted uses on the land and in buildings shall be as follows:
(i)
Bulk and design standards.
[1]
The maximum gross density for the tract shall not exceed two dwelling units per acre of land.
[2]
In order to allow the maximum flexibility in site design, lotting is not required in any development built in the planned residential development, nor is any minimum lot size. However, in cases wherein lots are utilized, the distance between any point on a dwelling and the abutting lot line shall not be less than seven feet, with the following exceptions:
[3]
No dwelling unit within the planned residential development may take access directly from any existing county or state roadway. All dwelling units shall gain access from residential roads, internal access roads, drives, courts, or similar arrangements.
[4]
Location, design and layout of buildings containing dwelling units shall be so designed to ensure open space and privacy between units.
[5]
Building setbacks.
[a]
From the right-of-way line of any internal street in the community, or in the absence of a right-of-way line, from a line five feet back from the edge of the cartway/curbline: 20 feet.
[b]
From a common parking area serving residential units (or access road thereto), or from a solid waste collection facility or other service area (if separate from a parking area): 25 feet.
[c]
From a dwelling unit to an outdoor recreation facility associated with the development but not housed in a building: 30 feet.
[d]
From the tract boundary, in which no structure or parking facility shall be placed (with the exception of entrance area guard stations, entrance roads, ponds, stormwater basins, or cart paths): 100 feet.
[6]
Separation of buildings.
[a]
The minimum horizontal distance between any two residential buildings within the same building group or cluster (oriented toward the same street, cul-de-sac, or courtyard, or those which are oriented toward the same open space area): 14 feet.
[b]
The minimum horizontal distance between any two residential buildings not within the same building group or cluster: 35 feet.
[7]
Maximum permitted building coverage: 30%.
[8]
Maximum permitted impervious coverage: 50%.
[9]
Maximum permitted building height: 35 feet.
[10]
Building design.
[a]
Each building and complex of buildings shall have a compatible architectural theme with appropriate variations in design to provide attractiveness to the development. Such variations in design shall result from the use of landscaping and the orientation of buildings to the natural features of the site and to other buildings, as well as from varying unit widths, using different exterior materials, changing rooflines and roof designs, varying building heights and changing window types, shutters, doors, porches and exterior colors.
[b]
No more than six dwelling units shall be contained in any one townhouse structure.
[c]
Buildings shall be arranged in groups or clusters and not in long rows parallel to street lines. The total length of any one structure shall not exceed 160 feet.
[11]
Parking areas.
[a]
All off-street parking facilities shall be on the same site as the building and located within 150 feet of the nearest entrance of the building they are intended to serve. Parking spaces shall be provided in areas designed specifically for parking along interior private streets unless the street width is constructed to Borough standards.
[b]
The standards for residential units shall be the same as provided in the Residential Site Improvement Standards (N.J.A.C. 5:21-4.14 et seq.).
[12]
Open space and recreation requirements shall be in accordance with § 88-34, Common open space standards, with the exception that not less than 40% of the tract shall be preserved as common open space and/or recreation.
[13]
Landscape and buffer requirements.
[a]
The entire perimeter of a planned residential development shall be buffered either by existing natural vegetation or a landscaped buffer area a minimum of 25 feet in width and in accordance with § 88-33, Landscape, buffer and tree protection standards. The natural vegetation may be acceptable if it meets or exceeds the requirements of the landscaped buffer.
(j)
Required recreational facilities.
[1]
Planned residential developments shall provide lands and facilities for active recreation that are appropriate to the age of the residents to be served. (Add acreage and facility standards based on number of anticipated residents.)
[2]
Nothing herein shall prevent the dedication of recreational lands and facilities to the Borough, subject to acceptance by Borough Council.