All accessory buildings and structures shall be located within a side or rear yard, unless otherwise permitted in this chapter.

Swimming pools shall be prohibited in a front yard, except for the following provisions:

Swimming pools shall be located no closer than 10 feet to residential dwellings or other buildings and structures on the property on which the swimming pools are to be erected.

No part of a swimming pool structure shall encroach upon or diminish the area of an existing septic tank or dispersal field nor overload the capacity of the system. A professional engineer's certificate of these facts must be furnished for swimming pools proposed on lots that have an existing septic system.

Areas surrounding swimming pools shall be entirely enclosed by a permanent vertical barrier or obstruction, such as a portion of a building or structure or a fence or wall, to bar all reasonable and normal access to the swimming pool except through a substantial self-closing gate or gates as the same height as the fence or wall, equipped with facilities for locking said gate or gates when the pool is unattended or unguarded. The fences and walls that enclose swimming pool areas not be less than four feet nor more than six feet in height.

A swimming pool may only be erected upon submission of an application upon an approved form, issuance of a zoning permit, and payment of the zoning permit fee pursuant to § 540-72E.

Sheds shall be prohibited in a front yard and shall be located in a rear yard, except for the following provisions:

Sheds shall be located no closer than five feet to rear and side property lines, unless otherwise provided in this chapter.

Sheds shall be located no closer than 15 feet to dwellings, buildings or other structures.

Sheds shall be no higher than one story and 12 feet.

Sheds shall be considered accessory structures for the purpose of determining lot coverage.

The number of sheds located on a property shall be limited in the following manner:

A shed may only be erected upon submission of an application upon an approved form, issuance of a zoning permit and payment of the zoning permit fee set forth in § 540-72C.

Maintenance building are permitted in the following zoning districts:

Maintenance buildings shall comply with the following requirements:

No accessory building or structure shall be closer than 15 feet to any principal building unless it is attached to and is part of such principal building, except as provided in this chapter.

An accessory building attached to a principal building, except for decks and patios as otherwise provided in this chapter, shall comply in all respects with the yard requirements of this chapter for the principal building. Detached accessory buildings shall be located to the rear of the front building line of the principal building, except as provided in this chapter, and, if located in a side yard area, shall conform to side yard requirements of the Schedule of District Regulations,[2] except as provided in this chapter.

For the purpose of regulating the locations of accessory buildings on corner lots, all portions of a corner lot or a through lot which fronts on a public street shall be subject to the front yard requirements of the zone district in which said corner lot or through lot is located, provided further that no accessory building shall be permitted in any required front yard.

Accessory buildings shall not exceed 15 feet in height, except as provided in this chapter. Accessory buildings attached to and are part of principal buildings shall comply with the height limitations for principal buildings set forth in the Schedule of District Regulations.

No patio or deck shall be permitted in the front yard.

Decks shall not be attached to any floor higher than the first floor of a dwelling. This requirement shall not apply to balconies.

Unless otherwise provided by this chapter, patios and decks for detached single-family dwellings shall be set back at least 15 feet from any property line.

Duplex dwellings on fee-simple lots. Unless otherwise provided by the chapter, patios and decks for duplex dwellings shall be setback at least 15 feet from any outer side property line, at least five feet from a shared side property line, and at least 15 feet from a rear property line. Such patios or decks shall not extend beyond the corners of said unit.

Duplex dwellings on common parcels of land (condominium type of ownership). Unless otherwise provided by the chapter, patios and decks for duplex dwellings shall be setback at least five feet from the centerline of the common party wall extended at 90° from the adjoining townhouse dwelling units. Such patios or decks shall not extend beyond the corners of said unit. Such patios or decks for end duplex dwelling units shall not extend beyond the corners of said unit and shall be setback at least 15 feet from any property line and at least 30 feet from another townhouse building.

Townhouses on fee-simple lots. Patios and decks shall be setback at least five feet from a side property line and 15 feet from a rear property line. Patios and decks shall be permitted in the side yard for a townhouse dwelling unit located at the end of a row of attached townhouse dwelling units. Such patios or decks for end townhouse dwelling units shall not extend beyond the corners of said unit and shall be setback at least 15 feet from any property line.

Townhouses on common parcels of land (condominium type of ownership). Patios and decks shall be setback at least five feet from the centerline of the common party wall extended at 90° from the adjoining townhouse dwelling units. Patios and decks shall be permitted in the side yard for a townhouse dwelling unit located at the end of a row of attached townhouse dwelling units. Such patios or decks for end townhouse dwelling units shall not extend beyond the corners of said unit and shall be setback at least 15 feet from any property line and at least 30 feet from another townhouse building.

The location of ground-mounted solar energy systems shall comply with accessory use setback requirements of the zoning district in which the property that is to have the generator is located.

All ground-mounted solar energy systems shall be screened from neighboring properties and from public view by a combination of solid fencing and landscaping in accordance with §§ 540-59 and 540-64.

In residential zoning districts the maximum height of ground-mounted solar energy systems shall not exceed six feet.

In nonresidential zoning districts the maximum height of ground-mounted solar energy systems shall not exceed 10 feet.

Town Center District. The following requirements shall apply to the Town Center District:

The tilling of the soil, the raising of crops, fruits and vegetables, greenhouses and nurseries, and growing sod.

The storage, packing and marketing of fruits and vegetables produced on the premises.

The hatching and raising on a commercial scale of poultry, rabbits, fish and dairy farming.

The raising and grazing of horses, cattle, sheep and goats, including supplementary feeding of such animals, provided that such raising or grazing is not a part of, nor conducted in conjunction with, a livestock slaughterhouse or animal by-products business.

Dairy.

Public and private stables and riding academies.

Beekeeping.

Purpose. The purpose of this subsection is to:

Permitted accessory uses.

Performance standards applicable to farm labor-housing units.

Performance standards applicable to seasonal farm labor-housing units.

Enforcement.

No temporary storage unit shall be placed or maintained by any private party on any Township property, street or right-of-way, except that such a unit may be placed in a street right-of-way subject to the following conditions:

Private property. Portable storage units are prohibited from being placed on or in the front yard of a property and shall only be permitted in the driveway of the property at the furthest accessible point from the street. All locations must be paved off-street surfaces.

A mandatory affordable housing set-aside requirement shall apply to any residential development, including the residential portion of a mixed-use project, which consists of five or more new residential units at six or more units per acre and that results from any use or density variance pursuant to N.J.S.A. 40:55D-70d.

A mandatory affordable housing set-aside requirement shall apply to any residential development, including the residential portion of a mixed-use project, which consists of 50 or more new residential units at six or more units per acre that results from any rezoning or the adoption of a new or amended, redevelopment/rehabilitation plan.

The set-aside shall be 20% where the affordable units are provided for for-sale and 15% where the affordable units are provided for rental.

All subdivision and site plan approvals of qualifying developments shall be conditioned upon compliance with the provisions of the mandatory affordable housing set-aside.

No subdivision shall be permitted or approved for the purpose of avoiding compliance with the mandatory affordable housing set-aside. A developer may not, for example, subdivide a project into two lots and then plan each of them to produce a number of units below the threshold. The approving authority may impose any reasonable conditions to ensure such compliance.

In the event the number of affordable housing units to be provided includes a fraction, the number shall be rounded up if the fractional amount is 0.5 or greater and rounded down if the fractional amount is less than 0.5. The developer shall provide a payment in lieu of constructing affordable units for the fraction of a unit less than 0.5. The payment in lieu shall be based on the amounts established in N.J.A.C. 5:97-6.4(c).

All affordable units created shall fully comply with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC"), including but not limited to the required bedroom and income distribution, with the sole exception that 13% of the affordable units shall be required to be restricted for very-low-income households earning 30% or less of the median income pursuant to the Fair Housing Act, N.J.S.A. 52:27D-301 et seq. ("FHA").

At least 50% of the affordable units within each bedroom distribution shall be affordable to low-income households, inclusive of the at least 13% of units affordable to very-low-income households.

The very-low-income affordable units shall be proportionately distributed within each bedroom distribution. In a family non-age-restricted development, at no time shall the number of one-bedroom very-low-income units exceed the number of three-bedroom very-low-income units.

Affordable units shall be integrated with the market-rate units on-site, and the affordable units shall not be concentrated in separate buildings or in separate areas from the market-rate units. In buildings with multiple dwelling units, this shall mean that the affordable units shall be generally distributed within each building with market-rate units. The affordable units shall also be of the same type as the market-rate units (e.g., if the market-rate units are non-age-restricted family units, the affordable units shall be non-age-restricted family units as well). The residents of the affordable units shall have full and equal access to all of the amenities, common areas, and recreation areas and facilities as the residents of the market-rate units.

Affordable units shall be subject to affordability controls for at least 30 years from the date of initial occupancy and affordable deed restrictions as otherwise provided for by UHAC, with the sole exception that very-low-income shall be defined as at or below 30% of median income pursuant to the Fair Housing Act, and the affordability controls shall remain unless and until the municipality, in its sole discretion, takes action to extend or release the unit from such controls after at least 30 years.

Construction of the affordable and market units shall be phased in compliance with N.J.A.C. 5:93-5.6(d).

Affordable units shall be affirmatively marketed in accordance with UHAC and applicable law. The affirmative marketing shall include posting of all affordable units on the New Jersey Housing Resource Center website in accordance with applicable law.

The mandatory affordable housing set-aside shall not give any developer the right to any rezoning, variance, redevelopment designation or redevelopment or rehabilitation plan approval, or any other such relief, or establish any obligation on the part of the municipality to grant such rezoning, variance, redevelopment designation, redevelopment or rehabilitation plan approval, or other such or further relief.

No developer may make a payment in lieu of constructing affordable units on-site, except for fractional units as noted above.

Nothing herein precludes the municipality from imposing an affordable housing set-aside in a development not required to have a set-aside pursuant to these provisions.

Riparian zones adjacent to all surface water bodies shall be protected from avoidable disturbance. For all surface water bodies, a riparian zone of 50 feet wide shall be maintained along both sides of the water.

The portion of the riparian zone that lies outside of a surface water body is measured landward from the top of bank. If a discernible bank is not present along a surface water body, the portion of the riparian zone outside the surface water body is measured 50 feet landward as follows:

Open space uses that are primarily passive in character shall be permitted by right to extend into a riparian zone, provided near stream vegetation is preserved. Such uses include wildlife sanctuaries, nature preserves, forest preserves, fishing areas, game farms, fish hatcheries and fishing reserves, operated for the protection and propagation of wildlife, but excluding structures. Such uses also include passive recreation areas of public and private parklands, including unpaved hiking, bicycle and bridle trails, provided that said trail have been stabilized with pervious materials.

Fences as provided in this chapter.

Crossings by farm vehicles and livestock, recreational trails, roads, railroads, storm water lines, sanitary sewer lines, water lines and public utility transmission lines, provided that the land disturbance is the minimum required to accomplish the permitted use, provided that any applicable state permits are acquired.

Stream bank stabilization or riparian reforestation and/or landscaping, which conform to an approved site plan or subdivision, or wetlands mitigation projects that have been approved by the New Jersey Department of Environmental Protection.

All new major and minor subdivisions and site plans shall be designed to provide sufficient areas outside of the riparian zone to accommodate primary structures, any normal accessory uses appurtenant thereto, as well as all planned lawn areas.

Portions of lots within the riparian zone must be permanently restricted by deed or conservation easement held by the Township of Eastampton, its agent, or another public or private land conservation organization which has the ability to provide adequate protection to prevent adverse impacts within the riparian zone. A complete copy of the recorded conservation restriction that clearly identifies the deed book and pages where it has been recorded in the office of the Clerk of the applicable county or the Registrar of Deeds and Mortgages of the applicable county must be submitted to the municipality. The applicant shall not commence with the project or activity prior to making this submittal and receiving actual approval of the plan modification and receipt of any applicable permits from the New Jersey Department of Environmental Protection. The recorded conservation restriction shall be in the form approved by the municipality and shall run with the land and be binding upon the property owner and the successors in interest in the property or in any part thereof. The conservation restriction may include language reserving the right to make de minimus changes to accommodate necessary regulatory approvals upon the written consent of the municipality, provided such changes are otherwise consistent with the purpose and intent of the conservation restriction. The recorded conservation restriction shall, at a minimum, include:

Any lands proposed for development which include all or a portion of a riparian zone shall as a condition of any major subdivision or major site plan approval, provide for the vegetation or revegetation of any portions of the riparian zone which are not vegetated at the time of the application or which were disturbed by prior land uses, including for agricultural use. Said vegetation plan shall utilize native and non-invasive tree and plant species to the maximum extent practicable.

For building lots which exist as of the date of adoption of this chapter, but for which a building permit or a preliminary site plan approval has not been obtained or is no longer valid, the required minimum front, side, and rear setbacks may extend into the riparian zone, provided that a deed restriction and/or conservation easement is applied which prohibits clearing or construction in the riparian zone.

All stormwater shall be discharged outside of but may flow through a riparian zone and shall comply with the standard for off-site stability in the "Standards for Soil Erosion and Sediment Control in New Jersey", established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. (see N.J.A.C. 2:90-1.3.).

If stormwater cannot be discharged outside of a riparian zone, proposed stabilization measures must meet the requirements of the Flood Hazard Area Control Act Rules of N.J.A.C. 7:13-10.2 et seq., and have an approved floor hazard area permit, if required.

Legally existing but nonconforming structures or uses may be continued.

Encroachment within the riparian zone shall only be allowed where previous development or disturbance has occurred and shall be in conformance with the Stormwater Management Rules, N.J.A.C. 7:8, and the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13.

Existing impervious cover shall not be increased within the riparian zone as a result of encroachments where previous development or disturbances have occurred.

Discontinued nonconforming uses may be resumed any time within one year from such discontinuance but not thereafter when showing clear indications of abandonment. No change or resumption shall be permitted that is more detrimental to the riparian zone, as measured against the intent and purpose under § 540-13A(1), than the existing or former nonconforming use. This one-year time frame shall not apply to agricultural uses that are following prescribed best management practices for crop rotation. However, resumption of agricultural uses must be strictly confined to the extent of disturbance existing at the time of adoption of this chapter.

Removal or clear-cutting of trees and other vegetation or soil disturbance such as grading, except for selective vegetation removal for the purpose of stream or riparian area stabilization or restoration projects that require vegetation removal or grading prior to implementation.

Storage of any hazardous or noxious materials.

Use of fertilizers, pesticides, herbicides, and/or other chemicals in excess of prescribed industry standards or the recommendations of the Soil Conservation District.

Roads or driveways, except where permitted in compliance with § 540-13A(2)(c).

Motor or wheeled vehicle traffic in any area, except as permitted by this chapter.

Parking lots.

Any type of permanent structure, except structures needed for a use permitted by § 540-13A(2).

New subsurface sewage disposal system areas. The expansion and replacement of existing subsurface sewage disposal system areas for existing uses is permitted.

Residential grounds or lawns, except as otherwise permitted pursuant to this chapter.