Haddon Township City Zoning Code
ARTICLE V
Zoning
§ 142-34 Zoning districts.
[Amended 5-27-2025 by Ord. No. 1476]
For the purpose of this chapter, the Township of Haddon is hereby divided into 12 districts as follows:
Symbol | ||
|---|---|---|
R-1 | Single-Family Residential | |
R-2 | Single-Family Residential | |
R-D | Downtown Residential | |
R-G | Garden Apartments | |
R-H | High-Rise Apartments | |
C-1 | Downtown Commercial | |
C-2 | Shopping Center Commercial | |
C-3 | Highway Commercial | |
C-4 | Office and Business | |
I-1 | Light Industrial | |
PCR | Public Conservation/Recreation | |
R-1AH | Single-Family Residential Affordable Housing | |
AHO-1 | Affordable Housing Overlay 1 | |
AHO-2 | Affordable Housing Overlay 2 | |
AHO-3 | Affordable Housing Overlay 3 |
§ 142-35 Zoning Map.
The boundaries of these zoning districts are established on the map entitled "Zoning Map of the Township of Haddon," dated ______________, and any subsequent amendment thereof, which accompanies and is hereby made part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is on file in the office of the Township Clerk.
§ 142-36 General provisions.
A.
Interpretations of boundaries. Zoning district boundary lines are intended to follow road center lines, railroad rights-of-way, streams and lot or property lines as they exist on lots of record at the time of enactment of this chapter unless otherwise indicated by dimensions on the Zoning Map. Any dimensions shown shall be in feet and measured horizontally and, when measured from a street, shall be measured from the street right-of-way line even if the center line of that street is used for the location of a zoning district line. The exact location of any disputed zoning district boundary line shall be determined by the Zoning Officer. The zoning standards, controls and designations apply to every structure, lot and use within each district and the district lines extend vertically in both directions from ground level.
B.
Division of a lot in a single ownership. Where a zoning district boundary line divides a lot other than by following a stream or street, any use permitted in either district may be extended not more than 20 feet into the adjacent district. A use permitted in the zoning district so extended shall thereafter be a permitted use in the extended area. A zoning district line, however, shall be altered only once by utilizing this section of the chapter, after which the lot use shall be governed by the regulations of the zoning district in which it is located after the zoning district boundary line adjustment.
C.
Principal use. Unless otherwise specified for a particular zoning district, no more than one principal use shall be permitted on one lot.
D.
Height exceptions.
(1)
The height limitations of this chapter shall not apply to penthouses, roof structures, sloped roofs, and/or architectural fenestration for the housing and/or screening of stairways, tanks, ventilating fans, air-conditioning equipment or similar equipment required to operate and maintain the building; skylights; spires; cupolas; flagpoles; chimneys; antennae and radio towers; or similar structures, which may be erected on the building above the height limits prescribed by this chapter, but in no case may the combined height of the structure and facility be more than 110% of the maximum height for the use in the district.
(2)
In order to encourage and promote flexibility in the architectural design and use of buildings constructed in the downtown Haddon Avenue Corridor in the Residential Downtown (RD) and Office and Business (C-4) Zones, the maximum number of stories and height for buildings may be increased by one story for each instance where the floor area of the building is reduced by a minimum of 12.5% from the floor immediately below, so long as (i) the maximum number of stories shall in no event exceed eight and (ii) the reduction in building size shall occur no higher than between the third and fourth stories, and in the event of an eight-story building, the second reduction in building size shall occur no higher than between the fifth and sixth stories.
E.
Development limitations in flood hazard areas.
(1)
The floodway and flood hazard areas shall be as delineated on the Flood Insurance Rate Maps (FIRM) prepared by the U.S. Department of Housing and Urban Development for the National Flood Insurance Program. In cases of doubt or uncertainty as to the exact limit of the floodway and flood hazard areas, the Township Engineer shall verify the information shown on the subdivision plat or site plan by means of field survey or other appropriate method.
(2)
Permitted uses.
(a)
Floodway. In the floodway, no building or structure shall be permitted, nor shall any material be stored, nor shall any fill be placed, nor shall the elevation of the land be substantially changed. All applications involving improvements within the flood hazard area shall be submitted to the New Jersey Department of Environmental Protection for approval, if required by the State Flood Hazard Area Control Act. The following uses are permitted, unless otherwise prohibited by state and federal regulation:
(b)
Flood-fringe area. The following uses are permitted, unless otherwise prohibited by state and federal regulation:
[1]
Parks, playgrounds and conservation areas.
[2]
Growing and harvesting of crops.
[3]
Unpaved parking areas for recreational uses.
[4]
Underground utilities.
[5]
Sealed public water supply wells.
[6]
Yard areas for accessory uses permitted in the adjoining zoning district upon approval of the Planning Board, provided that the portion of the floodplain is part of the same lot in the adjoining district. Moreover, no building or structure shall be permitted if the elevation of any floor of such a structure, including basement shall be less than one foot above the one-hundred-year-flood elevation.
F.
Development limitations in wetland areas.
(1)
No building, structure, use, or improvement shall be permitted in a delineated wetlands area or wetlands buffer area other than those permitted by state and federal regulations.
(2)
Verification of wetlands and wetlands buffer area delineation by the staff of the US Corps of Engineers and/or the New Jersey Department of Environmental Protection may be requested by the Board on any application.
G.
Accessory buildings.
(1)
Accessory buildings as part of principal building. Any accessory building attached to a principal building shall be considered part of the principal building and the total structure shall adhere to the yard requirements for the principal building regardless of the technique of connecting the principal and accessory buildings.
(2)
Accessory buildings not to be constructed prior to principal building. No construction permit shall be issued for the construction of an accessory building prior to the issuance of a construction permit for the construction of the main building upon the same premises. If construction of the main building does not precede or coincide with the construction of the accessory building, the Construction Code Official shall revoke the construction permit for the accessory building until construction of the main building has proceeded substantially toward completion.
(3)
Location. An accessory building may be erected in side and rear yard areas only and shall be set back from side and rear lot lines as prescribed in § 142-37 except that if erected on a corner lot the accessory building shall be set back from the side street to comply with the setback line applying to the principal building for that side street.
(4)
Height. The maximum height shall be 18 feet.
H.
Construction trailers. Temporary construction trailers and one sign not exceeding 12 square feet, advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction, beginning with the issuance of a building permit and concluding with the issuance of a certificate of occupancy or one year, whichever is less, are permitted, provided the trailer and sign are on the site where construction is taking place and set back at least 15 feet from street and lot lines. If the construction is to take place for a period exceeding one year, the developer may apply for and the Zoning Officer may grant extensions to the time during which the sign may occupy the site. The applicant should apply at least one month before the expiration of the time period.
I.
Public utilities.
(1)
Public utility uses are permitted in any zone as long as the location is necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is to be located. All public utility infrastructure and service lines shall be located underground.
(2)
The design of any building in connection with such facilities must conform to the general character of the area and not adversely affect the safety, comfortable enjoyment or property rights in the zone in which it is located.
(3)
Adequate fences and other safety devices must be provided as may be required. Fences, when used to enclose public utility facilities such as electrical power substations, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the National Electrical Safety Code in effect at the time of construction.
(4)
Sufficient buffer landscaping, including shrubs, trees and lawn shall be provided and be periodically maintained. Such a buffer shall not be less than six feet in depth.
(5)
Adequate off-street parking shall be provided.
(6)
All of the area, yard, building coverage and height requirements of the respective zone must be met. If such facilities are placed in a residential zone, their architectural character shall be residential in nature and shall blend in harmoniously with the surrounding area.
(7)
Public utilities shall provide sufficient parking spaces and maneuvering areas as determined by the Board during site plan approval to prevent any parking along public rights-of-way or private driveways.
§ 142-37 District regulations.
[Amended 12-27-2001 by Ord. No. 1080; 11-26-2002 by Ord. No. 1089; 10-28-2004 by Ord. No. 1099; 4-28-2015 by Ord. No. 1327; 6-23-2015 by Ord. No. 1333; 5-27-2025 by Ord. No. 1476]
A.
R-1 Single-Family Residential. This zone is created to provide for single-family detached dwellings on relatively larger lots than those in the older parts of the Township.
(2)
(4)
Area and yard requirements.
Required lot area | 10,000 square feet | ||
Maximum height | 35 feet | ||
Maximum building coverage | 30% | ||
Maximum impervious coverage | 50% | ||
Minimum yard dimensions | |||
Lot frontage | 75 feet | ||
Lot width | 75 feet | ||
Lot depth | 100 feet | ||
Front yard setback | 30 feet | ||
Rear yard setback | 30 feet | ||
Side yard (one side) | 10 feet | ||
Total side yards | 25 feet | ||
Accessory building minimum | |||
Distance to side line | 5 feet | ||
Distance to rear line | 5 feet | ||
Distance to other building | 10 feet |
B.
R-2 Single-Family Residential. This zone is designed to provide for single-family detached dwellings on relatively smaller lots in the older and denser residential neighborhoods in the Township, e.g., in West Collingswood, Bettlewood, Collingswood Manor, and Westmont.
(2)
(4)
Area and yard requirements.
Required lot area | 6,000 square feet | ||
Maximum height | 35 feet | ||
Maximum building coverage | 30% | ||
Maximum impervious coverage | 60% | ||
Minimum yard dimensions | |||
Lot frontage | 50 feet | ||
Lot width | 50 feet | ||
Lot depth | 100 feet | ||
Front yard setback | 25 feet | ||
Rear yard setback | 25 feet | ||
Side yard (one side) | 6 feet | ||
Total side yards | 15 feet | ||
Accessory building minimum | |||
Distance to side line | 5 feet | ||
Distance to rear line | 5 feet | ||
Distance to other building | 10 feet |
C.
R-D Residential Downtown. This zone is designed to permit a variety of residential uses compatible with downtown commercial development. The zone, which is situated between the PATCO right-of-way line and the rear of the properties fronting Haddon Avenue. Single-family detached and semidetached homes are permitted, as are townhomes and public purpose uses.
(1)
Permitted uses.
(a)
All those primary uses permitted in the R-2 zoning district [see § 142-37B(1)].
(b)
Single-family semidetached and attached development.
(c)
Public playgrounds, conservation areas, parks and public purpose uses.
(3)
Area and yard requirements.
(a)
Single-family semidetached and townhouse residential development:
Required lot area | 40,000 square feet | |
Maximum density | 10 units per acre | |
Maximum height | 35 feet | |
Maximum number of stories | 2.5 | |
Maximum building coverage | 50% | |
Maximum impervious coverage | 70% | |
Minimum yard requirements | ||
Tract frontage | 100 feet | |
Tract width | 100 feet | |
Tract depth | 150 feet | |
Front yard setback | 20 feet | |
Rear yard setback | 25 feet | |
Side yard setback (for one side of single-family semidetached units) | 5 feet | |
Accessory building minimum | ||
Distance to side line | 5 feet | |
Distance to rear line | 5 feet | |
Distance to other buildings | 10 feet | |
Maximum number of attached units | 8 | |
Minimum distance between structures (for single-family attached units) | 30 feet |
D.
R-G Garden Apartments. This zone is designed to provide for the development of low-scale garden apartments up to three stories in height with adequate off-street parking and open space for its residents.
(3)
Density. Garden apartments shall not exceed a density of 10 units per acre.
(4)
Maximum building height. No building shall exceed 35 feet in height and three stories.
(5)
Area and yard requirements.
(a)
The minimum tract size shall be five acres.
(b)
Minimum yard areas shall be measured horizontally in feet and shall be measured away from the front, side and rear of each building. The total minimum distance between buildings shall be the sum of the two abutting yard areas. No building, as measured radially from any corners, shall be closer to any other building corner than the combined distances of the side yard requirements for each building. The combined distance of two side yards shall exclude any driveway or vehicular access, such driveway or vehicular access width being in addition to the combined side yard width.
Garden apartment minimums: | |||
Front | 50 feet | ||
Rear | 50 feet | ||
Side | 25 feet | ||
E.
R-H High-Rise Apartments. This zone is designed to provide for high-rise apartments more than three and up to 10 stories in height with adequate off-street parking and open space for its residents.
(3)
Density. High-rise apartments shall not exceed a density of 30 units per acre.
(4)
Maximum building height. No building shall exceed 100 feet in height and 10 stories.
(5)
Area and yard requirements.
(a)
The minimum tract size shall be five acres.
(b)
Minimum yard areas shall be measured horizontally in feet and shall be measured away from the front, side and rear of each building. The total minimum distance between buildings shall be the sum of the two abutting yard areas. No building, as measured radially from any corners, shall be closer to any other building corner than the combined distances of the side yard requirements for each building. The combined distance of two side yards shall exclude any driveway or vehicular access, such driveway or vehicular access width being in addition to the combined side yard width.
High-rise apartment minimums: | |||
Front | 100 feet | ||
Rear | 100 feet | ||
Side | 50 feet, or a distance equivalent to building height, whichever is greater | ||
F.
C-1 Downtown Commercial. This zoning designation recognizes the older commercial thoroughfares, i.e., Haddon Avenue and White Horse Pike where the original development form was two-story buildings at the sidewalk line. Small scale retail uses should be retained at the street level to encourage pedestrian traffic. Offices and apartments are permitted second story uses to retain the diversity and vitality of the street. Front yard parking should be visually buffered from the street by plantings. Sign design and sizes should be unified and signage should be placed only on the facade.
(1)
Permitted uses.
(a)
Retail sales of goods such as stores that sell groceries, jewelry, hobby supplies, convenience stores, meat and poultry, bakeries, packaged liquor, drugs and pharmaceuticals, florists, confectionery products, stationery, tobacco, newspapers, gifts, apparel, auto parts, new and used furniture, sporting goods, hardware, dry goods, used merchandise (except pawn shops), bookstores (except adult book stores), and similar uses.
(b)
Retail services, such as barber and beauty shops; tailoring and dressmaking; dry cleaning and laundry (providing bulk processing be done off premises); shoe repair; appliance repair; dance, music, and business schools; photography; optical goods and services; day-care facilities; and similar uses.
(c)
Restaurants and taverns.
(d)
Banks and financial institutions.
(e)
One above the ground floor apartment per 5,000 square feet of lot area in combination with a first floor business use.
(f)
Offices above the ground floor, except for travel agencies and real estate offices which may be on the ground floor.
(g)
Theaters.
(h)
Municipal and quasi-public and charitable uses.
(i)
Gymnasiums and health clubs.
(j)
Public parking lots.
(4)
Maximum building height. No building shall exceed 35 feet in height.
(5)
Area and yard requirements.
Minimum required | |||
Lot area | 6,000 square feet | ||
Lot frontage | 50 feet | ||
Lot width | 50 feet | ||
Lot depth | 100 feet | ||
Front yard | 0 feet | ||
Rear yard | 30 feet* | ||
Side yard | 15 feet* | ||
Maximum building coverage | 100% | ||
*Not required unless the lot line abuts a residential district or a street, in which case the setback shall be a minimum of 15 feet. | |||
G.
C-2 Center Commercial. This zoning category recognizes the newer commercial areas where development has been predominantly in shopping center format. Future development should continue in the same one-story form with on-site parking. Wherever possible individual stores should be grouped so that they can be architecturally integrated and driveway access and parking areas shared.
(1)
Permitted uses.
(a)
Retail sales of goods, such as in § 142-37F(1)(a).
(b)
Retail services, such as in § 142-37F(1)(b).
(c)
Restaurants and taverns.
(d)
Banks, including drive-in facilities, and financial facilities.
(e)
Professional and medical offices.
(f)
Commercial recreational and amusement facilities.
(g)
Shopping centers composed of the preceding uses.
(h)
Gymnasiums and health clubs.
(4)
Area and yard requirements.
Minimum required | |||
Lot area (individual uses) | 8,000 square feet | ||
Lot area (shopping centers) | 20,000 square feet | ||
Lot frontage | 75 feet | ||
Lot width | 75 feet | ||
Lot depth | 100 feet | ||
Front yard | 25 feet | ||
Rear yard | 30 feet | ||
Side yard (each) | 15 feet | ||
Maximum building height | 35 feet | ||
Maximum building coverage | 30% |
H.
C-3 Highway Commercial.
(1)
Permitted uses.
(a)
Retail sales of goods, such as in § 142-37F(1)(a).
(b)
Retail services, such as in § 142-37F(1)(b).
(c)
Restaurants, taverns and nightclubs.
(d)
New automobile sales, boat, travel trailer and camper sales.
(e)
Furniture sales.
(f)
Banks, including drive-in facilities.
(g)
Garden centers engaged in retail sales.
(h)
Gymnasiums and health clubs.
(4)
Area and yard requirements.
Principal building minimum | |||
Lot area | 11,000 square feet | ||
Lot frontage | 100 feet | ||
Lot width | 100 feet | ||
Lot depth | 100 feet | ||
Front yard | 25 feet | ||
Rear yard | 20 feet | ||
Side yard | 20 feet | ||
Accessory building minimum | |||
Distance to side line | 20 feet | ||
Distance to rear line | 15 feet | ||
Distance to other building | 15 feet | ||
Maximum building height | 35 feet | ||
Maximum building coverage | 30% | ||
Minimum gross floor area | 1,500 square feet |
I.
C-4 Office and Business District. This zone is designed to provide for the development of a downtown office and business center for the Township, maximizing accessibility to the PATCO High Speed Line and to enhance the existing pattern of offices, business, and high employment areas along East Haddon Avenue.
(1)
Permitted uses.
(a)
Offices, professional offices, and medical professional offices.
(b)
Wholesale business offices.
(c)
Industrial and scientific research laboratories, provided the property does not have frontage on Haddon Avenue.
(d)
Restaurants and taverns.
(e)
Funeral homes.
(f)
Gymnasiums and health clubs.
(g)
Banks and financial institutions.
(h)
Public utilities.
(4)
Area and yard requirements.
Principal building minimum | |||
Lot area | 11,000 square feet | ||
Lot frontage | 100 feet | ||
Lot width | 100 feet | ||
Lot depth | 100 feet | ||
Front yard | 25 feet | ||
Rear yard | 20 feet | ||
Side yard | 20 feet | ||
Accessory building minimum | |||
Distance to side line | 20 feet | ||
Distance to rear line | 15 feet | ||
Distance to other building | 15 feet | ||
Maximum building height | 6 stories and 60 feet [see § 142-36D(2)] | ||
Maximum building coverage | 35% | ||
Minimum gross floor area | 1,500 square feet | ||
J.
I-1 Light Industrial. This zone is designed to provide for the development of light industrial, office and related uses, as well as other intensive commercial uses that would be appropriate to locations along U.S. 130 and the Black Horse Pike.
(1)
Permitted uses.
(a)
Light industry and manufacturing.
(b)
Offices, professional offices, and medical professional offices.
(c)
Wholesale business.
(d)
Industrial and scientific research laboratories.
(e)
Warehouses.
(f)
Commercial recreation facilities, gymnasiums, and health clubs.
(g)
Restaurants, bars, and taverns.
(h)
New car sales.
(i)
Public utilities.
(j)
Tattoo and body piercing parlors and fortune tellers.
(4)
Area and yard requirements.
Principal building minimum | |||
Lot area | 11,000 square feet | ||
Lot frontage | 100 feet | ||
Lot width | 100 feet | ||
Lot depth | 100 feet | ||
Front yard | 25 feet | ||
Rear yard | 20 feet | ||
Side yard | 20 feet | ||
Accessory building minimum | |||
Distance to side line | 20 feet | ||
Distance to rear line | 15 feet | ||
Distance to other building | 15 feet | ||
Maximum building height | 35 feet | ||
Maximum building coverage | 30% | ||
Minimum gross floor area | 1,500 square feet | ||
K.
PCR Public/Conservation/Recreation. This district recognizes the publicly owned conservation areas adjacent to the Cooper River, Newton Creek, and the Main and South Branches of Newton Creek. These lands are predominantly, although not entirely, floodplain and wetland areas. Suitable uses for these conservation areas are limited to recreational facilities appropriate to the environmental characteristics of the particular site. Some locations within these areas are suited for active recreational uses and the associated building, parking and access needs while other areas should remain undisturbed or as passive recreation areas. This zone also permits public schools and offices of the Board of Education, associated recreational areas, and the development of commercial recreation areas and quasi-public and charitable uses.
L.
R-1AH Single-Family Residential Affordable Housing. This zone is primarily created to provide for single-family detached dwellings on relatively larger lots than those in the older parts of the Township. It is also designed to include a twenty-percent set-aside for low- and moderate-income housing.
(1)
Permitted uses.
(a)
Single-family detached dwelling units [see § 142-37L(5)].
(b)
Public playgrounds, conservation areas, parks and public purpose uses.
(2)
(3)
Conditional uses.
(b)
Single-family, semidetached dwelling units or two-family dwelling units [see § 142-37L(5)].
(4)
Area and yard requirements.
Required lot area | 10,000 square feet | ||
Maximum height | 35 feet | ||
Maximum building coverage | 30% | ||
Minimum yard dimensions | |||
Lot frontage | 75 feet | ||
Lot width | 75 feet | ||
Lot depth | 100 feet | ||
Front yard setback | 30 feet | ||
Rear yard setback | 30 feet | ||
Side yard (one side) | 10 feet | ||
Total side yards | 25 feet | ||
Accessory building minimum | |||
Distance to side line | 5 feet | ||
Distance to rear line | 5 feet | ||
Distance to other building | 10 feet | ||
(5)
Affordable housing set-aside.
(a)
Twenty percent of the total number of units shall be set aside as affordable housing units. Where this requirement results in a fraction of a unit, the fraction shall be rounded to the nearest whole unit. Fractions of less than 0.5 shall be rounded off to the lower whole unit and fractions of 0.5 or greater shall be rounded off to the higher whole unit. Units shall be provided in accordance to § 142-49 of this chapter.
(b)
Affordable housing units may be constructed as single-family, semidetached units or two-family dwelling units. Such units should be constructed to appear architecturally compatible with neighboring single-family market rate or affordable housing units. Two-family units shall meet the area and yard requirements of § 142-37L(4). Single-family, semidetached affordable housing units shall meet the following area and yard requirements:
Required lot area | 5,000 square feet | ||
Maximum height | 35 feet | ||
Maximum building coverage | 30% | ||
Minimum yard dimensions | |||
Lot frontage | 37.5 feet | ||
Lot width | 37.5 feet | ||
Lot depth | 100 feet | ||
Front yard setback | 30 feet | ||
Rear yard setback | 30 feet | ||
Side yard (one side) | 10 feet | ||
Total side yards | 25 feet | ||
Accessory building minimum | |||
Distance to side line | 5 feet | ||
Distance to rear line | 5 feet | ||
Distance to other building | 10 feet | ||
M.
AHO-1, Affordable Housing Overlay 1. This overlay zone is primarily created to provide for apartment dwellings over commercial uses, along with parking, on certain blocks and lots in the Township as enumerated in Section 3 of this Ordinance.[1] It is also designed to require a 20% affordable housing set-aside whether the apartments created are rental or for-sale units.
(1)
Additional permitted use: Apartments above first-floor commercial uses.
(2)
No commercial uses are permitted above the ground floor, and all commercial uses shall front on Haddon Avenue.
(3)
Required uses: Any new residential development in the AHO-1 District shall include at least 20% of the total number of dwelling units as affordable units, as the term "affordable" is defined in § 142-10 of the Land Use and Development Code of the Township of Haddon and per the Uniform Housing Affordability Controls ("UHAC") at NJAC 5:80-26.1, as modified by P.L. 2024, c.2.
(4)
Development standards within the AHO-1 district shall be as permitted by the regulations of the C-4, Office and Business District, with the following modifications:
(a)
Minimum tract size: 1.5 acres.
(b)
Minimum tract frontage: 200 feet.
(c)
Minimum lot frontage: 50 feet on Haddon Avenue; 40 feet on side streets.
(d)
Maximum building height: five stories and 55 feet.
(e)
Front setback: five feet along Haddon Avenue; 10 feet along side streets.
(f)
Rear setback: 10 feet.
(g)
Side setback: 10 feet.
(h)
Minimum sidewalk width: 15 feet along Haddon Avenue; four feet along side streets.
(i)
Minimum setback from elevated rail: 25 feet from the edge of any concrete structure.
(5)
Building design:
(a)
No building facade shall exceed a length of 40 feet without a horizontal break in the facade. The horizontal break shall be a minimum depth of three feet for a minimum length of 20 feet.
(b)
The minimum requirement for fenestration on residential facades shall be 20% of the total area, except that the side facade of end dwelling units that do not contain an entrance may be reduced to a minimum of 10% of that facade.
(c)
Facades shall contain repeating patterns of contrasting materials, material colors, and material textures that visually breakup the horizontal and vertical expanse of the facade.
(d)
All sides of a building visible to the public shall be designed with the same materials as the front facade.
(e)
Roofs shall have a pitched appearance from the street. All exterior HVAC and roof-mounted equipment shall be screened from street-level view.
(f)
Laundry facilities shall be included with each residential unit.
(6)
Parking.
(a)
Parking for residential uses shall be provided on-site and shall not be shared on Haddon Avenue and local streets. Parking for residential uses shall be in accordance with the Residential Site Improvement Standards. Off-street parking shall not be required for commercial uses along Haddon Avenue that contain 900 square feet or less of commercial space. Shared parking for commercial uses shall conform to § 142-39A(5) of the chapter.
(b)
All common parking lots or structures shall be accessible only from side streets, and shall be screened from public view to the greatest extent possible.
(c)
A minimum number of bicycle racks shall be incorporated into the plan pursuant to the appropriate guidelines promulgated in the Association of Pedestrian and Bicycle Professionals' Bicycle Parking Guidelines, and shall be installed in safe and convenient locations.
(7)
Enclosures for trash and recyclables.
(a)
Trash enclosures or central trash compaction and recycling areas are required and shall comply with the requirements of Chapter 134 of the Township Code.
(b)
Trash enclosures or compactors shall be sufficiently sized to contain both trash and recyclable materials, such that no dumpsters shall sit in the open.
(c)
Trash enclosures or central trash compaction/recycling areas shall be masonry structures or opaque fencing, with an exterior color scheme to complement the principal buildings.
(d)
Trash enclosure gates shall be decorative fencing materials with a steel frame and self-locking gate.
(e)
Trash enclosures shall be a minimum of six feet in height, or higher to shield the enclosure. Landscaping may also be used in combination with structures to shield the trash and recycling area.
(f)
Trash enclosures that serve residential units shall be located in a common area and include a door or opening for pedestrian access in addition to the truck access gates.
[1]
Editor's Note: See Section 3 of Ord. No. 1476.
N.
AHO-2, Affordable Housing Overlay 2. This overlay zone is primarily created to provide for townhouses or apartments on specific lots as enumerated in Section 3 of this Ordinance.[2] It is also designed to require a 20% affordable housing set-aside whether the townhouses or apartments created are rental or for-sale units.
(1)
Additional permitted uses: Townhomes and apartment buildings.
(2)
Required uses: Any new residential development in the AHO-2 District shall include at least 20% of the total number of units as affordable units whether the units will be rental units or for-sale units, as the term "affordable" is defined in § 142-10 of the Land Use and Development Code of the Township of Haddon and per UHAC at NJAC 5:80-26.1, as modified by P.L. 2024, c.2.
(3)
Development standards within the AHO-2 district shall be as permitted by the regulations of the R-1 Single Family Residential zone, with the following modifications:
(a)
Minimum tract size: 1.5 acres.
(b)
Minimum tract frontage: 100 feet.
(c)
Minimum lot size: 5,000 square feet.
(d)
Minimum lot frontage: 50 feet.
(e)
Maximum building height: three stories and 40 feet.
(f)
Maximum number of attached townhome units: eight.
(g)
Front setback: 10 feet.
(h)
Rear setback: 10 feet.
(i)
Side setback: 25 feet to either rail line structures or adjoining residential properties.
(j)
Minimum sidewalk width: four feet.
(4)
Building and site design:
(a)
No apartment building facade shall exceed a length of 40 feet without a horizontal break in the facade. The horizontal break shall be a minimum depth of three feet for a minimum length of 20 feet.
(b)
The minimum requirement for fenestration on apartment building facades shall be 20% of the total area, except that the side facade of end dwelling units that do not contain an entrance may be reduced to a minimum of 10% of that facade.
(c)
Facades shall contain repeating patterns of contrasting materials, material colors, and material textures that visually breakup the horizontal and vertical expanse of the facade.
(d)
All sides of a building visible to the public shall be designed with the same materials as the front facade.
(e)
The front facades of all townhomes shall be designed with a varied appearance through the use of bay windows, dormers, and other architectural features designed to break up the expanse of the facade.
(f)
Roofs shall have a pitched appearance from the street.
(g)
All HVAC equipment serving townhomes shall be placed at the rear of the units. All exterior HVAC and roof-mounted equipment serving apartments shall be screened from street-level view.
(h)
Laundry facilities shall be included with each residential unit.
(i)
Perimeter fencing shall be provided along the side yard that abuts other residential dwellings, and shall be opaque and five feet in height.
(5)
Parking.
(a)
Parking for residential uses shall be provided on-site and shall not be shared on Haddon Avenue and local streets. Parking for residential uses shall be in accordance with the Residential Site Improvement Standards.
(b)
All common parking lots or structures shall be screened from public view to the greatest extent possible.
(c)
A minimum number of bicycle racks shall be incorporated into the plan pursuant to the appropriate guidelines promulgated in the Association of Pedestrian and Bicycle Professionals' Bicycle Parking Guidelines, and shall be installed in safe and convenient locations.
(6)
Enclosures for trash and recyclables.
(a)
Trash enclosures or central trash compaction and recycling areas shall comply with the requirements of Chapter 134 of the Township Code.
(b)
Trash enclosures or compactors shall be sufficiently sized to contain both trash and recyclable materials, such that no dumpsters shall sit in the open.
(c)
Trash enclosures or central trash compaction/recycling areas shall be masonry structures or opaque fencing, with an exterior color scheme to complement the principal buildings.
(d)
Trash enclosure gates shall be decorative fencing materials with a steel frame and self-locking gate.
(e)
Trash enclosures shall be a minimum of six feet in height, or higher to shield the enclosure. Landscaping may also be used in combination with structures to shield the trash and recycling area.
(f)
Trash enclosures shall be located in a common area and include a door or opening for pedestrian access in addition to the truck access gates.
[2]
Editor's Note: See Section 3 of Ord. No. 1476.
O.
AHO-3, Affordable Housing Overlay 3. This overlay zone is designed to provide for high-rise apartments above first-floor commercial uses in buildings more than three and up to 10 stories in height with adequate off-street parking and open space for its residents on specific lots as enumerated in Section 3 of this Ordinance.[3] It is also designed to require a 20% affordable housing set-aside whether the apartments created are rental or for-sale units.
(2)
No commercial uses are permitted above the ground floor, and all commercial uses shall front on Haddon Avenue.
(3)
Required uses: Any new residential development in the AHO-3 District shall include at least 20% of the total number of units as affordable units whether the units will be rental units or for-sale units, as the term "affordable" is defined in § 142-10 of the Land Use and Development Code of the Township of Haddon and per UHAC at NJAC 5:80-26.1, as modified by P.L. 2024, c.2.
(5)
Development standards within the AHO-3 district shall be as permitted by the regulations of the C-4, Office and Business District, with the following modifications:
(a)
Minimum tract size: three acres.
(b)
Minimum tract frontage: 200 feet on Haddon Ave; 40 feet on side streets.
(c)
Maximum density: High-rise apartments shall not exceed a density of 30 units per acre.
(d)
Maximum building height: eight stories and 85 feet.
(e)
Front setback: five feet along Haddon Avenue; 10 feet along Crystal Lake Avenue; 40 feet along Atlantic Avenue and Glenwood Avenue.
(f)
Side setback: 10 feet.
(g)
Minimum sidewalk width: 15 feet along Haddon Avenue; 10 feet along Crystal Lake Avenue.
(h)
Minimum setback from elevated rail: 25 feet from the edge of any concrete structure.
(6)
Building design:
(a)
No building facade shall exceed a length of 40 feet without a horizontal break in the facade. The horizontal break shall be a minimum depth of three feet for a minimum length of 20 feet.
(b)
The minimum requirement for fenestration on residential facades shall be 20% of the total area, except that the side facade of end dwelling units that do not contain an entrance may be reduced to a minimum of 10% of that facade.
(c)
Facades shall contain repeating patterns of contrasting materials, material colors, and material textures that visually breakup the horizontal and vertical expanse of the facade.
(d)
All sides of a building visible to the public shall be designed with the same materials as the front facade.
(e)
Roofs shall have a pitched appearance from the street. All exterior HVAC and roof-mounted equipment shall be screened from street-level view.
(f)
Laundry facilities shall be included with each residential unit.
(7)
Parking.
(a)
Parking for residential uses shall be provided on-site and shall not be shared on Haddon Avenue and local streets. Parking for residential uses shall be in accordance with the Residential Site Improvement Standards. Off-street parking shall not be required for commercial uses along Haddon Avenue that contain 900 square feet or less of commercial space. Shared parking for commercial uses shall conform to § 142-39A(5) of the ordinance.
(b)
All common parking lots or structures shall be accessible only from side streets, and shall be screened from public view to the greatest extent possible.
(c)
A minimum number of bicycle racks shall be incorporated into the plan pursuant to the appropriate guidelines promulgated in the Association of Pedestrian and Bicycle Professionals' Bicycle Parking Guidelines, and shall be installed in safe and convenient locations.
(8)
Enclosures for trash and recyclables.
(a)
Trash enclosures or central trash compaction and recycling areas are required and shall comply with the requirements of Chapter 134 of the Township Code.
(b)
Trash enclosures or compactors shall be sufficiently sized to contain both trash and recyclable materials, such that no dumpsters shall sit in the open.
(c)
Trash enclosures or central trash compaction/recycling areas shall be masonry structures or opaque fencing, with an exterior color scheme to complement the principal buildings.
(d)
Trash enclosure gates shall be decorative fencing materials with a steel frame and self-locking gate.
(e)
Trash enclosures shall be a minimum of six feet in height, or higher to shield the enclosure. Landscaping may also be used in combination with structures to shield the trash and recycling area.
[3]
Editor's Note: See Section 3 of Ord. No. 1476.
§ 142-38 Conditional uses.
A.
Car washes.
(1)
All activities must be conducted within a totally enclosed building.
(2)
Drainage from inside the building(s) shall feed into a sanitary sewer system. No dry well or septic tank will be permitted in connection with this use.
(3)
This use shall not include a self-service or coin-operated car wash area in any form.
(4)
All other applicable requirements and standards of this chapter must be satisfied.
B.
Auto service stations.
(1)
The minimum lot size shall be 10,000 square feet and the minimum width along the street line shall be 100 feet.
(2)
Gasoline filling pumps shall be permitted no closer than 60 feet to the center line of any street.
(3)
Gasoline service stations that include buildings designed for automobile service and repair shall locate the building a minimum of 50 feet from any street right-of-way line, 15 feet from the side lot lines, and 15 feet from the rear lot line. All other related uses, such as convenience stores, car washes, commercial parking lots, livery services, etc., shall be prohibited on the same lot as an auto service station use.
(4)
Canopies shall be located a minimum of 50 feet from the center line of the street and 20 feet from the side and rear lot lines. Total canopy height shall not exceed 18 feet with minimum clearance of 14 feet.
(5)
Service stations designed with a kiosk under a canopy and a separate utility building shall have the utility building located a minimum of 25 feet from any street right-of-way line and eight feet from any side or rear lot line.
(6)
A wall, fence or suitable evergreen hedge or screen planting at least six feet in height shall be constructed, planted, and maintained between the service station and any abutting lot. If the station abuts another gasoline service facility or parking yard, the Board may modify or waive this requirement.
(7)
All repair work and similar activities shall be performed within an enclosed building and no dismantled parts shall be placed outside the building.
(8)
No junked motor vehicle or part thereof, or motor vehicles incapable of normal operation upon the highway, shall be permitted on the premises of any service station. It shall be deemed prima facie evidence of violation of this chapter if more than three motor vehicles incapable of operation are located at any one time upon any premises not within a closed and roofed building excepting, however, that a number not exceeding six motor vehicles may be located at any one time upon any premises outside of a closed or roofed building for a period of time not to exceed two days and providing that the owners of the motor vehicles are awaiting their repair. No parking shall be permitted on unpaved areas.
(9)
No merchandise shall be sold or kept for sale except nonalcoholic beverages, automobile accessories, and petroleum products reasonably necessary for the safe, lawful, and convenient operation of motor vehicles.
(10)
No motor vehicles, trailers, boats, or similar equipment shall be sold or rented.
(12)
All other applicable requirements and standards of the chapter must be satisfied.
C.
Apartments.
(1)
Each dwelling unit and combined complex of dwelling units shall have a compatible architectural theme that is consistent within each cluster complex. The design shall take into consideration the relationship of buildings to the site and to other structures, as well as orientation to the sun so that solar energy may be utilized to the greatest extent possible. Dwelling unit design may be varied by differences in unit width and setback.
(2)
All 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 or structures designed specifically for parking, and there shall be no parking along interior streets.
(3)
Buildings measured along the center line shall provide one opening at ground level at least every 250 feet. This opening shall be a minimum of 15 feet in clear width and height and be at an elevation enabling emergency vehicle access through the opening.
(4)
Each dwelling shall have two separate means of egress to the ground. Any window sill which is 12 feet or less above the ground level below it shall be considered a separate means of egress.
(5)
No outside area or equipment shall be provided for the hanging of laundry or the outside airing of laundry in any manner.
(6)
Each building shall contain a single master TV antenna or cable TV system which shall serve all dwelling units within the building, and there shall be no additional exterior TV or radio communications antennas.
(7)
An environmental impact statement shall be submitted with the application.
(8)
Open space shall be located and landscaped with particular consideration to the relationship between the proposed development of the tract, the siting of adjacent development, and the location and potential utilization of adjacent public lands and easements, if any.
(9)
Perimeter open space areas shall be landscaped. If in the opinion of the Board all or any portion of those areas should become an integral part of the Township's open space system, the Board may require that they be dedicated to the Township.
(10)
The layout of streets shall facilitate connections among adjacent neighborhoods by means of direct links, or the provision of easements for future use, whenever feasible and needed to provide two means of ingress and egress to any development.
(11)
The minimum spacing between buildings shall be as follows: window wall to window wall: 60 feet; end wall to end wall: 50 feet; any building face to street curb: 40 feet; any building face to parking area: 15 feet. No building corner shall be closer to another building corner than 30 feet.
(12)
The first 15 feet adjacent to any interior street line, and the first 15 feet adjacent to any interior lot line shall not be developed or used for parking.
D.
Home occupations.
(1)
Home occupations may only be permitted within the principal residential building.
(2)
The area of a dwelling used for the activities of a home occupation may not exceed 35% of the total gross floor area of the dwelling, or 450 square feet, whichever is less. Also, all home occupation activities must take place indoors within the designated and permitted floor area and be restricted to the first floor and/or basement area. Only one such occupation shall be carried on per dwelling unit.
(3)
No more than one nonresident employee may be permitted to work within the home occupation.
(4)
Those individuals, clients, customers, patients, pupils, and patrons who visit the subject home occupation for business purposes shall be limited to no more than two individuals on the property at any one time.
(5)
No goods, materials, supplies, or items of any kind may be delivered either to or from the premises, except in a passenger vehicle or step type van; and no materials, supplies, equipment, or other items may be stored on or about the exterior of the property or on or in an open truck or trailer.
(6)
Sales shall be incidental to the home occupation and home professional. There shall be no exterior display of products.
(7)
Business hours for the home occupation may not extend beyond the period between 8:00 a.m. and 8:00 p.m. Although residents of the home occupation may conduct business beyond the designated hours, no nonresident employee or business-related visitors may be on the property for business reasons beyond the designated business hours.
(8)
Off-street parking shall be provided for the home occupation in accordance with this chapter.
(9)
No more than one business vehicle may be parked on the property at any one time, and no such vehicle shall exceed 8,000 pounds registered vehicle weight.
(10)
Any property used as a home occupation shall have no visible exterior characteristics which do not completely conform to those of a typical residence. This applies to the site, architecture, signs, lighting, and any other features.
(11)
No measurable impacts, such as noise, vibrations, dust, odors, fumes, smoke, or glare, may be caused by the home occupation. Also, no equipment may be utilized which interferes with radio or television reception within the area.
(12)
A certificate of occupancy shall be required for the floor area devoted to the home occupation.
(13)
The following activities are specifically prohibited within the context of permitted home occupations: animal hospitals, commercial stables, kennels, funeral parlors or undertaking establishments, restaurants, lodging, or any type of retail or wholesale business.
E.
Houses of worship.
Required lot area | 60,000 square feet | ||
Maximum height | 35 feet | ||
Minimum yard dimensions | |||
Lot frontage | 200 feet | ||
Lot width | 200 feet | ||
Lot depth | 200 feet | ||
Side yard (minimum) | 50 feet | ||
Total side yards | — | ||
Front yard setback | 50 feet | ||
Rear yard setback | 50 feet | ||
Accessory building minimum | |||
Distance to side line | 40 feet | ||
Distance to rear line | 40 feet | ||
Distance to other building | 20 feet | ||
Maximum building coverage | 20% | ||
Maximum impervious coverage | 60% |
F.
Schools.
(1)
Public and private schools offering early childhood, elementary and/or secondary secular or religious education instruction and approved by the State of New Jersey shall be located on a lot of no less than two acres in size or twice the minimum lot size of the zone within which such use is conditionally permitted, whichever is greater, with a minimum lot width of 200 feet.
(2)
No building shall be located within 50 feet of a lot line.
(3)
No accessory use shall be located within 25 feet of a lot line.
(4)
The use shall have direct access to a street classified as other than a local street.
(5)
A planted buffer area of not less than 15 feet in depth and fencing or both shall be required between all parking areas, outdoor facilities and adjacent lot lines. This provision may be waived if natural topography, wetlands or other natural or man made features adequately separate parking areas from adjoining residentially zoned land.
(6)
Parking shall be required in accordance with the standards set forth in this chapter. Sufficient space for school bus loading and unloading shall be provided.
(7)
All other applicable requirements and standards of the chapter must be satisfied.
G.
Used motor vehicle sales.
[Added 12-27-2001 by Ord. No. 1080]
(1)
The minimum lot size for an automobile sales enterprise shall be 10,000 square feet, and the minimum frontage shall be 100 feet.
(2)
Minor repairs for motor vehicles may be provided, but no body repairs or painting of vehicles shall be permitted. All minor repair activities shall be performed in a fully enclosed building. All trash facilities shall also be within a building.
(3)
No junked motor vehicle or part thereof or a motor vehicle incapable of normal operation upon the highway shall be permitted. All lighting shall be shielded so that all light is contained on the subject property and does not spill on to abutting properties.
(4)
All lighting shall be provided and approved as part of a site plan submission. All lighting shall be mounted upon a pole or building; no string or hanging lights shall be permitted. All lighting shall be shielded so that all light is contained on the subject property and does not spill on to abutting properties.
(5)
Landscaping will be provided in the front yard equal to at least 10% of the front yard area, and such landscaping shall be reasonably distributed throughout the entire front yard area. For the purpose of calculating the ten-percent area, the calculations shall be based upon the lesser of: the area from the front property line to the front building line, or the distance from the front property line to the minimum front setback line in the event the building or structure is located farther away from the front setback line than established for that zone.
(6)
All surfaces upon which automobiles are parked or stored, even temporarily, shall be paved and drained as approved by the Township Engineer. No parking of vehicles shall be permitted on unpaved surfaces. The total impervious coverage, including building and parking area, shall be a maximum of 80%.
(7)
Customer parking facilities (at least 10 spaces) shall be provided and shall be separated from the vehicular display areas.
(8)
Pennants, flags, banners and all other similar advertising displays, including car prices painted or displayed on vehicles (other than invoices as normally accompanying new cars) visible or audible from any public right-of-way shall be considered signage under § 142-40 and therefore not permitted.
(9)
Buffers must be provided in accordance with § 142-45. The property must have a natural landscape buffer at least six feet wide containing plantings, bushes, trees, shrubbery and other similar materials, forming a natural continuous barrier at least five feet in height between the subject property and any adjoining property, regardless of the abutting use.
(10)
All lights shall be turned off within 1/2 hour of the closing of the business for the evening.
H.
Secondhand metal businesses (see Chapter 156).
[Added 6-23-2015 by Ord. No. 1333]
(1)
Bulk requirements are as follows:
Minimum lot area | 15,000 square feet | ||
Minimum yard dimensions | |||
Lot frontage | 100 feet | ||
Lot width | 100 feet | ||
Lot depth | 150 feet | ||
Side yard setback | 25 feet | ||
Front yard setback | 50 feet | ||
Rear yard setback | 25 feet | ||
Accessory building minimum | |||
Distance to side line | 25 feet | ||
Distance to rear line | 25 feet | ||
Distance to other building | 25 feet | ||
Maximum building height | 35 feet | ||
Maximum building coverage | 20% | ||
Maximum impervious coverage | 80% | ||
Maximum gross floor area | 3,000 square feet | ||
Wall or fence minimum | |||
Distance from abutting property line | 6 inches | ||
Distance from front property line or street right-of-way line | 30 feet | ||
(2)
No accessory building or structure shall be constructed or maintained in the front yard.
(3)
The perimeter of the lot shall be fully enclosed. A wall or fence at least six feet in height shall be constructed and maintained between the subject lot and any adjoining residential use or residentially zoned property and shall be continued around the perimeter of the lot. Notwithstanding the above, if the Joint Land Use Board deems it appropriate, a wall, fence or suitable evergreen hedge or screen planting at least six feet in height may be constructed and maintained in lieu of or in addition to the fence required by this section.
(4)
Landscaping shall be provided in the front yard equal to at least 25% of the front yard area, and such landscaping shall be reasonably distributed throughout the entire front yard area. For the purpose of calculating the 25% area, the calculation shall be based upon the lesser of: the area from the front property line to the front building line and/or the distance from the front property line to the minimum front setback line in the event the building or structure is located farther away from the required front setback line. The landscape area shall not be paved except where driveways cross it for access to the lot.
(5)
Buffers must be provided in accordance with § 142-45. The property shall have a natural landscape buffer at least six feet wide containing plantings, bushes, trees, shrubbery and other similar materials, forming a natural continuous barrier at least five feet in height between the subject property and any adjoining property, regardless of the abutting use.
(6)
All lighting shall be provided and approved as part of the site plan submission required pursuant to Chapter 156. All lighting shall be pole-mounted and shall be shielded so that all light is contained on the subject property and does not spill onto adjoining properties.
(7)
All lights shall be turned off within 30 minutes of the close of business each day.
(8)
All surfaces upon which automobiles are parked shall be paved and drained as approved by the Township Engineer. No parking of vehicles shall be permitted on unpaved surfaces, within the front yard setback area.
(9)
Signs shall be erected in accordance with § 142-40. No signs, pennants or banners shall be affixed, whether temporarily or permanently, to any part or portion of the perimeter enclosure required herein.
(11)
No goods, articles, objects, merchandise, products or materials of any kind, shape or form may be stored, kept or maintained outside of any building or structure on the lot or between any property line and the wall, fence or vegetative planting or buffer established pursuant to this section.
§ 142-38.1 Cannabis.
[Added 4-23-2024 by Ord. No. 1452]
A.
Class 1 (cultivation), 2 (manufacturing), 3 (wholesale) and 5 (retail) licensed cannabis businesses shall be permitted as a conditional use in the C-3 Commercial and I-1 Industrial Zones, subject to the following conditions.
(1)
No more than two Class 1, 2, 3 and 5 licensed cannabis microbusinesses shall be permitted in the Township as approved by the Haddon Township Land Use Board.
(2)
Compliance with the bulk zoning requirements of the C-3 Commercial or I-1 Industrial Zoning District otherwise applicable to the proposed cannabis business location, including but not limited to lighting, parking construction, buffers and signage as set forth in §§ 142-57, 142-39, 142-45 and 142-40 of the Township Code.
(3)
Cannabis retail parking requirements shall be 5.5 parking spaces per 1,000 square feet of gross building area, plus one parking space per employee.
(4)
Cannabis cultivation, manufacturing and wholesale parking requirements shall be one parking space per employee and one parking space per 1,000 square feet of building space for visitor parking.
(5)
Separate 10 foot by 20 foot spaces must be provided for loading and unloading with deliveries restricted to small trucks and sprinter vans, which loading/unloading area shall be sited to provide for a secure operation and not at the patron entrance, within a street or public right-of-way or within Golden Alley.
(6)
Drive-through features shall be prohibited.
(7)
All buildings and accessory structures shall be dedicated exclusively to the business operations of an approved cannabis use.
(8)
Hours of operation shall be limited from 10:00 a.m. to 10:00 p.m., except Sundays, which shall have hours from 10:00 a.m. to 6:00 p.m.
(9)
A security plan shall be submitted for review and approval by the Haddon Police Department.
(10)
Except for cannabis retail dispensaries, an odor control plan for state-of-the-art carbon filtration or oxidation systems shall be proposed and implemented, consistent with the standards of the New Jersey Cannabis Regulatory Commission for the operation of the proposed cannabis business.
(11)
No on-site consumption shall be permitted.
(12)
The applicant shall obtain either a conditional or annual licensure from the New Jersey Cannabis Regulatory Commission for the proposed cannabis business.
§ 142-39 Off-street parking, loading and driveways.
A.
General provisions.
(1)
Landscaping.
(a)
All parking and loading areas shall be landscaped and screened sufficiently to obscure the view of the parked vehicles and loading platforms from any public street, adjacent residential districts or uses, and the front yards of adjacent commercial and industrial uses. Such screening shall be by a fence, wall, evergreen planting or combination of the three and shall not be less than four feet in height.
(b)
Each off-street parking area shall have a minimum area equivalent to one parking space per every 30 parking spaces landscaped with 1/2 said spaces having landscaped areas with shrubs no higher than three feet and the other half having trees with branches no lower than seven feet. Such landscaped spaces shall be distributed throughout the parking area in order to break the view of long rows of parked cars in a manner not impairing visibility.
(2)
Lighting. Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and streets and be in accordance with § 142-57. All parking facilities providing five or more parking spaces shall be lighted.
(3)
Surfacing and curbing.
(a)
Off-street parking lots and loading areas together with their access aisles, driveways and fire lanes shall not occupy more than 35% of the lot area. All parking and loading areas and access drives shall be paved as determined by the Municipal Engineer and approved as part of the site plan approval. All parking areas, regardless of size and location, shall be suitably drained and maintained.
(b)
All off-street parking and loading areas shall be provided with curbing so that vehicles cannot be driven onto required perimeter landscaped areas, buffer zones, and street rights-of-way, and so that each parking and loading area has controlled entrances and exits and drainage control. Curbing or wheel stops shall be located to prevent any part of a vehicle from overhanging internal sidewalks or landscaped areas. Parking and loading spaces shall not be an extension of any street right-of-way and shall be set back at least six feet from the right-of-way.
(c)
All off-street parking lots shall have adequate designations to indicate traffic flow and parking spaces.
(4)
Access. Access points from any one lot crossing the street line shall be limited to a maximum of two along the frontage of any single street. The center lines of any separate access points shall be spaced at least 70 feet apart; shall handle no more than two lanes of traffic; shall be at least 40 feet from any property line; and shall be set back from the street line of any intersecting street at least 50 feet or 1/2 the lot frontage, whichever is greater, except that in no case shall the setback distance exceed 200 feet. Continuous, open driveways in excess of 21 feet at the street line shall be prohibited except that for nonresidential uses, driveways of more than 18 feet may be permitted with the approval of the Planning Board, giving due consideration to the proposed width, curbing, direction of traffic flow, radii of curves and method of dividing traffic lanes. Curbing shall be depressed at the driveway or the curbing may be rounded at the corners and the driveway connected with the street in the same manner as another street.
[Amended 8-24-2021 by Ord. No. 1422]
(5)
Location of parking and loading. Required off-street parking and loading spaces shall be provided on the same lot or on any lot within 300 feet. When some or all parking is not to take place on the same lot as the premises served, the Planning Board shall require evidence during site plan approval which demonstrates the availability of such off-site parking taking into consideration the operations and the hours of the use for which the off-site parking serves. No parking of vehicles shall be permitted in fire lanes, streets, driveways, landscaped areas, aisles, buffered areas, sidewalks, turning areas, or in the front yard of properties in the R-1 and R-2 Zoning Districts.
[Amended 8-22-2017 by Ord. No. 1372]
(6)
Type of facility.
(a)
Parking spaces may be on, above or below the surface of the ground. When parking spaces are provided within a garage or other structure, said structure shall adhere to the proper accessory or principal building setbacks, as applicable.
(b)
The provision of parking spaces shall also include adequate driveway and necessary turning areas for handling the vehicles for which provision is made. Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicles. Aisles providing access to parking spaces shall have the following minimum dimensions where the angle of parking is different on both sides of the aisle, the larger aisle width shall prevail.
(c)
Parking stall dimensions, aisle dimensions, and configurations shall be in accordance with the New Jersey Residential Site Improvement Standards. The minimum parking stall size shall be nine feet by 18 feet.
(7)
The following parking schedule shall be used to calculate the required number of off-street parking spaces per use. Unless otherwise noted, the calculation shall be based upon the gross square footage of the floor area of the use. Where the calculation results in a fraction of a space, the required number of parking spaces shall be rounded to the nearest whole number.
(a)
Auto body and welding shops: two spaces per 1,000 square feet of shop area, office area spaces as required in this section, plus one space for each vehicle owned or operated by the use on-site.
(b)
Automobile, truck or similar dealerships: 2.5 spaces per 1,000 square feet of showroom and office space, spaces equal to 110% of the largest number of vehicles in inventory in the preceding 12 months, plus spaces for auto body and mechanical repair as required in this section.
(c)
Automobile or truck washing facilities: two access lanes for each mechanized washing entrance with each lane having a minimum capacity of 15 vehicles; one space for each waxing, upholstery, cleaning or vacuuming service area; plus 0.5 spaces per 1,000 square feet for employees.
(d)
Business, administrative, government or professional offices, but not to include medical, retail or banking uses: four spaces per 1,000 square feet.
(e)
Churches, chapels, synagogues or similar houses of worship: one space for every four seats, plus one space for every resident on-site. Where individual seats are not provided, every 24 inches of pew or bench shall be considered one seat.
(f)
Furniture and carpet stores or similar retail use: 2.5 spaces per 1,000 square feet.
(g)
Gasoline service stations and automobile repair facilities, including those associates with retail tire stores and automobile, truck or similar dealerships, but not to include auto body repair or welding shops: six spaces for the first lift, wheel alignment pit or similar work station, five spaces for the second work station and three spaces for each additional work station. No required space shall be permitted to obstruct access to gasoline dispensers, air pumps or work stations.
(h)
Hospitals: two spaces per bed.
(i)
Hotels and motels: 1.5 spaces per room.
(j)
Industrial and manufacturing uses, but not including warehousing or storage use: two spaces per 1,000 square feet up to and including 10,000 square feet and 0.5 space per 1,000 square feet of floor area in excess of 10,000 square feet.
(k)
Medical and dental offices and clinics and, for the purposes of this section, outpatient medical facilities: 5.5 spaces per 1,000 square feet.
(l)
Nursing homes, convalescent facilities or similar uses, but not including hospitals or medical office: one space per bed.
(m)
Recreational, indoor: 2.5 spaces per 1,000 square feet for floor area used by active participants, with the exception of bowling alleys; one space for every three seats for spectator areas; plus 0.5 space per 1,000 square feet for employees. Bowling alleys shall provide four spaces per lane, plus spaces for spectator areas and employees as stated herein.
(n)
Recreational, outdoor: Sufficient space shall be provided to prevent any parking along public rights-of-way, private driveways, fire lanes or parking aisles as determined by the Planning Board.
(o)
Residential uses shall provide off-street parking with the requirements for each type of use in accordance with the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-4.1 et seq.).
(p)
Retail and service uses, including banking, but not to include retail uses as specified under § 131-71.4A(6): 5.5 spaces per 1,000 square feet.
(q)
Restaurants, nightclubs, taverns or similar use: one space per five seats for patrons whether at a bar, counter or tables, plus one space for every two employees at peak hours.
[Amended 12-27-2001 by Ord. No. 1080; 8-24-2021 by Ord. No. 1422]
(r)
Schools; business, trade or technical: 10 spaces per 1,000 square feet of classroom area, plus 4.5 spaces per 1,000 square feet for faculty and administrative offices and teachers and student lounges.
(s)
Schools; day care and nurseries: one space per every three children under the age of two years, one space per every five children aged two years or older for staff, plus four spaces per 1,000 square feet for drop-off and pickup.
(t)
Schools; public and private nonprofit: 1.5 spaces per classroom, one space per 25 students at the high school level, plus spaces as required for theater or community uses and recreation.
(u)
Theaters, community centers, libraries or similar uses: one space per every three seats, plus 0.5 of a space per 1,000 square feet for employees.
(v)
Warehousing and storage: 1.25 spaces per 1,000 square feet up to and including 10,000 square feet and 0.5 space per 1,000 square feet of floor area in excess of 10,000 square feet.
(w)
Other uses: General uses not specifically stated herein shall provide parking at the ratio of 4.5 spaces per 1,000 square feet of floor area.
(x)
There are no off-street parking requirements for commercial establishments located in Zone C-1 along Haddon Avenue and the White Horse Pike that contain 900 square feet or less of commercial space on the first floor and residential space on the second floor and do not have property available for off-street parking. The residential space on the second floor must comply with the parking requirements set forth in the New Jersey Residential Site Improvement Standards.[1]
[Added 8-24-2021 by Ord. No. 1422]
[1]
Editor's Note: See N.J.A.C. 5:21–1.1 et seq.
B.
Loading area requirements. Each nonresidential activity shall provide for off-street loading and unloading in accordance with the following requirements:
(1)
For each building, one space shall be provided for each 20,000 square feet of gross floor area or fraction thereof in excess of 3,000 square feet of building floor area.
(2)
Each loading space shall be a minimum of 12 feet by 35 feet with a minimum vertical clearance of 14 feet.
(3)
In shopping centers, this requirement may be met by combining the floor areas of several activities taking place under one roof and applying the above ratios.
(4)
Buildings designed exclusively for office use may be exempted from the loading area requirement, provided that at least one entrance other than the main entrance is designed to accommodate deliveries of supplies and office equipment and furnishings.
§ 142-40 Signs.
[Amended 12-27-2001 by Ord. No. 1080; 4-27-2010 by Ord. No. 1255]
A.
Purpose. The provisions of this section shall apply to the construction, erection, alteration, use, type, number, location, size, design and maintenance of all signs. This section is intended to regulate and control signs and their placement and construction throughout the Township of Haddon for the following purposes:
(1)
To provide a pleasing overall appearance, deemed vital to the continued economic attractiveness of the Township of Haddon by:
(a)
Encouraging signs in areas of high sign concentration, such as downtown, neighborhood retail areas and highway corridors, so that the placement, color, shape, brackets, support structures, mountings, design and lighting promote architectural design that supports the visual quality and positive collective impact and image of such areas.
(b)
Promoting signs that, in addition to the standards herein, are also integrated with the overall design of their host building in a way respectful of and complimentary to the architectural character of the building.
(c)
Permitting signs that not only identify the presence of the business or use on a thoroughfare, but also generate a positive collective impact upon the streetscape of an area.
(2)
To create a more attractive, productive and professional business atmosphere.
(3)
To allow signs appropriate to the architectural and planned character and development of each zoning district.
(4)
To ensure that permitted signs do not become a safety hazard or nuisance.
(5)
To promote traffic safety.
(6)
To promote the design of signs in pedestrian corridors that focus upon pedestrian viewers and not automobile operators.
(7)
To prevent business and advertising signs from conflicting with public safety signs.
(8)
To prevent the overcrowding of land through multiple proliferation of signs on a single parcel of land.
(9)
To facilitate fire and police protection by proper sign identification.
(10)
To protect and enhance the value of properties by eliminating visual chaos and pollution.
B. ABANDONED SIGN BANNER DECORATIVE FLAG EXEMPTED SIGN FACADE AREA FLAG FREESTANDING SIGN HEIGHT OF SIGN ILLUMINATED SIGN INSTITUTIONAL USE LETTERING AREA MULTIPLE-OCCUPANT/-TENANT (MOT) SIGN PROJECTING SIGN SIGN SIGN, ANIMATED OR MOVING SIGN AREA SIGN, AWNING, CANOPY OR MARQUEE SIGN, BILLBOARD SIGN, BUSINESS SIGN, CHANGEABLE COPY SIGN, CONSTRUCTION SIGN, DIRECTIONAL SIGN, FACE SIGN, FLASHING SIGN, FREESTANDING SIGN, GOVERNMENTAL SIGN, GROUND SIGN HEIGHT SIGN, HOME OCCUPATION SIGN, IDENTIFICATION SIGN, ILLUMINATED SIGN, MONUMENT SIGN, MURAL SIGN, NONCONFORMING SIGN PLAN SIGN, POLE SIGN, PORTABLE SIGN, PRIVATE SALE OR EVENT SIGN, REAL ESTATE SIGN, TEMPORARY SIGN, WALL (FACADE) SIGN, WINDOW TEMPORARY ADVERTISING SIGN TEMPORARY BUSINESS IDENTIFICATION SIGN
Definitions. The following definitions shall apply to the regulation and control of signs within the Township of Haddon:
A sign no longer used for its original intent or a sign on a vacant, unoccupied or abandoned property.
A sign which may or may not contain a message, constructed of cloth, canvas, plastic or other flexible material typically suspended or hung by cord, string or rope from a structure, stretching across a public right-of-way, which temporarily promotes an activity, special event or otherwise promotes a special event or the public good.
A flag displayed for decorative, and not official or patriotic, purposes.
A permitted sign that does not require a sign permit.
The total area of the facade, including walls, windows, doors and fixtures below the elevation of the second story windows, or nine feet above existing grade, whichever is lower, that faces a public street, pedestrian walkway or mall.
A display of cloth or fabric with symbols, icons and/or designs attached to a pole.
A sign supported by a sign structure placed in the ground and which is entirely independent of any other structure for support.
The vertical distance measured from the grade at the curbline to the highest point of the sign.
A sign that is either externally or internally lighted.
A formally organized nonprofit, philanthropic, charitable, civic or religious organization.
The area within the smallest quadrilateral that can be drawn to contain the letters, numbers and characters of the sign message, exclusive of decorative borders and other design elements.
A sign listing the names and/or uses or locations of more than one business, activity or professional office conducted within a building, group of buildings or shopping center.
A uniquely designed sign, such as a double-sided sign or icon sign, which hangs and/or protrudes perpendicular to the face of the building via architecturally designed ornamental mountings, such as but not limited to scrolled ornamental iron, steel brass braces, etc. Also known as a "hanging sign."
Any item, device or structure containing a logo, graphics or lettering of any style intended to convey information and/or location so as to be visible from any thoroughfare.
Any sign or part of a sign which changes physical position by any movement or rotation or which gives the visual impression of such movement or rotation. LED or plasma image signs that show video images or changeable images are included in this definition.
The entire face of a sign, including the advertising surface and any framing, trim or molding, but not including the supporting structure or the area within the smallest quadrilateral that can be drawn to contain the letters, numbers and characters of the sign message, inclusive of decorative borders and other design elements.
A sign that is mounted or painted on, or attached to, a fabric awning, canopy or marquee that is otherwise permitted by ordinance.
A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
A sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to an entertainment offered on the premises where the sign is located.
A variable message sign composed of individual letters panel-mounted in or on a track system which are changed manually. No message or animated/video boards are permitted.
A temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors or similar artisans and the owners, financial supporters, sponsors and similar individuals or firms having a role or interest with respect to the structure or project.
A sign limited to a directional message, principally for pedestrian or vehicular traffic, such as "one way," "entrance" and "exit."
The area or display surface used for the message.
Any directly or indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means whatsoever.
Any nonmovable sign not affixed to a building.
A sign erected and maintained pursuant to and in discharge of any governmental functions, or required by law, ordinance or other governmental regulation.
Any sign, other than a pole sign, placed upon or supported by the ground independent of any other structure.
The vertical distance between the grade at the curbline and the highest element of the sign or structural support of the sign.
A sign containing only the name and occupation of a permitted home occupation.
A sign giving the nature, logo trademark or other identifying symbol; address; or any combination of the name, symbol and address of a building, business, development or establishment on the premises where it is located.
A sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed towards the sign.
A freestanding sign in which a sign is situated on a stone or brick base foundation in such a manner that there is no gap between the two elements. The base is normally wider than the sign message board, is no more than three feet high and is provided with landscaping.
Hand-painted or printed images on building facades that display a company, business name, occupant, product or activity.
See Subsection F, Nonconforming signs.
A professionally drawn scale plan showing the full facade of the building, its architectural features, if any, and the location of the sign on the face of the building, color, texture, lettering style, mounting techniques, etc.
A sign that is mounted on a freestanding pole or other support so that the bottom edge of the sign face is six feet or more above grade.
A sign that is not permanent and not affixed to a building, structure or the ground.
A temporary sign advertising private sales of personal property such as house sales, garage sales, rummage sales and the like or private not-for-profit events such as picnics, carnivals, bazaars, game nights, art fairs, craft shows and Christmas tree sales.
A sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located.
A sign or advertising display constructed of paper, cloth, canvas, plastic, fabric, plywood or other light material and designed or intended to be displayed for a short period of time.
A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and which does not project more than four inches from such building or structure.
A sign that is applied or attached to the exterior or interior of a window or located in such manner within a building that it can be seen from the exterior of the structure through a window.
An advertising sign or commercial special event banner temporarily erected for a limited time for promotional purposes for an on-premises business establishment.
A temporary sign provided for new businesses pending approval of a formal sign application.
C.
Sign permits.
[Amended 11-27-2018 by Ord. No. 1390]
(1)
Sign permit required. In addition to any other permit required by any additional chapter or section of the Code of the Township of Haddon, by any statute or regulation of the State of New Jersey or by any governmental body or governmental agency with proper jurisdiction, and except for any sign expressly exempted by this chapter from the requirement to obtain a sign permit, it shall be unlawful to erect, alter, maintain, use, re-letter, move or otherwise have a sign in the Township of Haddon without first making application for, and obtaining, all necessary permits as follows:
(a)
Zoning permit. A zoning permit must be obtained prior to the erection, construction, installation, alteration or relocation of any sign; provided, however, that prior to approval and issuance of any permit for a proposed billboard, a site plan application shall be filed in accordance with § 142-40D(3)(c).
(b)
Building permit. A building permit must be obtained prior to the erection; installation, alteration or relocation of any sign except no building permit shall be required for:
[1]
Permitted signs as set forth in § 142-40C(4);
[2]
Nonilluminated functional/directional signs; or
[3]
A change in the copy of an approved sign.
(c)
Certificate of conformance. A certificate of conformance must be obtained from the Construction Official after erection, installation, alteration or relocation of any sign to confirm that the property and the sign conform to and with the requirements of this chapter.
(2)
Permit fees. No sign permit shall be issued until a sketch showing the size, location, text and owner has been submitted in writing, together with the fee set forth below and a license or bond, if required, to the office of the Construction Official; provided, however, that an application for a billboard permit shall only be accepted and acted upon by the Construction Official if the applicant has supplied evidence of site plan approval as required by § 142-40D(3)(c) of this chapter.
(a)
The permit fee for a sign which contains a face size or total face area between eight square feet and 25 square feet shall be $25;
(b)
The permit fee for a sign which contains a face size or total face area between 25 square feet and 100 square feet shall be $75; and
(c)
The permit fee for a sign which contains a face size or total face area in excess of 100 square feet shall be $100.
(3)
Bond or liability insurance. In addition to the bonding requirements of the Roadside Sign Control and Outdoor Advertising Act, N.J.S.A. 27:5-5 et seq., the owner of any sign containing a face size or total face area in excess of 100 square feet or any sign of any size which projects over public property shall post a liability insurance policy or indemnity bond in an amount of $10,000 payable to the Township of Haddon in a form acceptable to the Township Solicitor.
(4)
License required. All billboards, roof signs and signs containing a face size or total face area in excess of 100 square feet shall be erected only by a licensed sign erector, which license shall be issued by the Construction Official for a one-year period, running from January 1 to December 31, upon the Construction Official's review of proof of the sign erector's experience and qualifications for sign erection and payment to the Township of Haddon of a license fee in the amount of $10. For the purposes of this section, a copy of a valid and current license to engage in the business of outdoor advertising issued by the New Jersey Department of Transportation in accordance with N.J.S.A. 27:5-8(a) shall be deemed conclusive evidence of the sign erector's experience and qualifications in accordance with this section and shall entitle the person or business identified in such license to issuance of the license required by this section by the Construction Official.
(5)
Change in information; notice required. Any person or business that holds a permit or license pursuant to this chapter shall file with the Construction Official and Township Clerk a written notice of a change in the name or address of the permit holder or licensee; provided, however, that any change in ownership shall require submission of new permit and license applications in accordance with this chapter. Any person or business entity required to maintain a license and permit under the Road Sign Control and Outdoor Advertising Act, N.J.S.A. 27:5-5 et seq., shall provide the Construction Official and Township Clerk with written notice of any change in the status of such license and permit that is implemented or imposed by the New Jersey Department of Transportation. All notices required by this section shall be delivered within 30 days of any change in name or address contemplated herein or within 10 days of any change in status under the Road Sign Control and Outdoor Advertising Act, N.J.S.A. 27:5-5 et seq.
(6)
Permitted signs. The following signs shall be permitted in all districts and exempted from a required sign permit:
(a)
Official flags and signs; banner poles, signage, lights and decorations provided by the Township.
(b)
Holiday and seasonal decorations, displays and lights containing no advertising material for a period not to exceed 45 days. Holiday and seasonal decorations, displays and lights cannot be placed in the right-of-way by businesses, property owners or merchants.
(c)
Residential occupant name and address signs identifying a house, apartment or mailbox not exceeding one square foot.
(d)
Traffic circulation and directional signs on private property not exceeding two square feet.
(e)
Temporary business identification signs which meet the conditions of sign design standards.
(f)
Door signs which meet the conditions of sign design standards.
(g)
Temporary advertising signs and permanent interior advertising signs which meet the conditions of sign design standards.
(h)
Community event announcements, which meet the conditions of sign design standards.
(i)
Real estate signs which meet the conditions of sign design standards.
(j)
Construction signs, which meet the conditions of sign design standards.
(k)
Political signs which meet the conditions of sign design standards.
(m)
Billboards which meet the conditions set forth in § 142-40D(3)(c) of this chapter.
(7)
Prohibited signs. The following types of signs shall be prohibited:
(a)
Signs, lights and similar devices which simulate or imitate in any way any official, directional, traffic control or warning signs erected or maintained by a governmental agency or which generally may be confused or construed as such. A sign may not attempt or appear to attempt to direct the movement of traffic or interfere with, imitate or resemble any official traffic sign, signal or device, or include or utilize flashing, intermittent or moving lights, or utilize lighting equipment or reflectorized materials which emit or reflect colors, including, but not limited to, red, amber or green; provided, however, that this restriction shall not apply to any billboard which includes any of the above but for which the Department of Transportation has issued a conditional license.
(b)
Signs located in any manner or place which constitute a hazard to pedestrian and vehicular traffic, block visibility or obscure any traffic sign, signal or device.
(c)
Flashing signs or lights reflecting or emitting a glaring light which could impair driver vision, reflected signs and light-projected signs.
(d)
Signs placed, reflected or cast on any curb, sidewalk, utility pole or structure, chimney, post, tree, rock, natural feature, fence, gate, abutment, retaining wall, embankment, hydrant, bridge, another sign or other surface located on, over or across any public right-of-way or property.
(e)
Signs that obstruct openings intended as a means of entrance or exit; signs that obstruct light or air from any room or building; or signs located so as to provide less than seven feet of clearance over a pedestrian walkway or head of an entry door, whichever is greater.
(f)
Painted wall signs and mural signs, except as otherwise provided in sign design standards.
(g)
Signs placed above a structure's roofline or on an angled section of a roof.
(h)
Changeable copy signs and reader boards, except as otherwise permitted in sign design standards.
(i)
Portable or movable signs, except as otherwise permitted in sign design standards.
(j)
An automobile, trailer (attached or unattached) or any vehicle of any nature bearing signs or advertisements, parked or left stationary for more than 24 hours at any location, or any such automobile, trailer or vehicle stored on an occupied lot that is not ordinarily and customarily used to transport persons or property of the advertised business on said lot or its employees.
(k)
Signs which advertise or promote a specific individual, product or brand name of off-premises business, service or corporation, except for temporary advertising signs and permanent interior advertising signs.
(l)
Computerized LED or plasma signs that display electronic wording, images, video or motion/animation of light.
(m)
Signage displayed inside a building that can be viewed through the walls or glass by pedestrians or motorists on the street or highway.
(n)
Signs affixed to or painted on trees, rocks, fences, gates, curbs, public rights-of-way, walkways, utility poles or other signs.
(o)
Where the sign, by itself or by its means of attachment, would materially damage the structure to which it is attached.
(p)
Signs located so as to allow less than seven feet of clearance over any pedestrian walkway.
(q)
Signs erected, constructed or maintained so as to obstruct any fire escape, door or other legally required means of egress from the structure, or blocking any door, window or other opening required by law.
(r)
Signs hung or mounted within a business window or door, other than temporary signs.
(s)
Translucent awnings or awning signs with underside lighting.
(t)
Signs which are of the type, size or character so as to endanger or injure public safety, health or welfare, or be injurious to property in the vicinity thereof.
D.
Design standards.
(1)
General sign design standards.
(a)
Sign content. Unless otherwise indicated in this chapter, a sign may include only the following information:
[1]
The principal name of the business, proprietor, owner or resident.
[2]
A brief description of the principal goods, services, products or uses offered in trade, which description shall not exceed three words.
[3]
A logo or trademark by which the on-premises business, proprietor or owner is identified.
[4]
The premises' street number (Street names are not permitted on signs).
[5]
Any other notice or information required to be provided by law or regulation.
(b)
Location of signs.
[1]
A sign must be on the tax lot, building or storefront with which it is identified. No signs shall be allowed for or on accessory buildings or structures.
[2]
No sign shall be erected in a public right-of-way or between the street curb and a sidewalk. No sign shall be constructed in a street or driveway sight triangle.
[3]
No attached sign shall be higher at any point than the roofline of the building or project beyond the wall surface on which it is placed unless it is part of an approved awning or marquee. No sign shall project over a paved public sidewalk or hang over any street right-of-way.
(c)
Computation of sign area. The sign area of any sign shall be computed by determining the area of the smallest quadrilateral into which the sign can be fit, inclusive of decorative borders and other design elements, as permitted by this chapter. In the case of double-sided signs, the sign area shall be measured by using the area of only one side of the sign. The sign structure shall not be included as a portion of the sign area, provided that no identifying or advertising message is displayed on the sign structure. Signs with more than two sides are prohibited.
(d)
Lighting.
[1]
Illumination of a sign shall be arranged so that no substantial light or glare is directed or reflected onto adjacent streets or properties. The installation and assembly shall meet all applicable building and electrical codes. Illuminated signs shall be either individually lighted or shall be of the diffused lighting type. All lights shall be completely shielded from adjoining properties and vehicular traffic. Illuminated signs shall comply with the National Electric Code. No sign shall be illuminated between the hours of 12:00 midnight and 7:00 a.m. unless the use which it advertises is open to the public, in which event the sign may be illuminated until the business closes.
[2]
An application for an illuminated sign must include a lighting fixture catalogue cut or manufacturer's product description sheet with isolux or lumens specifications and mounting information. It shall indicate the lighting intensity (lumens) that would be generated by any lighting devices shining onto the sign and the rest of the property and neighboring properties and the lumens that would be projecting from any illuminated signs as part of the sign plan. (This information is part of the manufacturer's data sheet.) Externally illuminated signs consisting of three or fewer one-hundred-watt incandescent light bulbs, or compact fluorescent lights of comparable wattage, shall be exempt from submitting a lumens plan. In no instance shall the lighting intensity of any sign, whether resulting from internal illumination or external illumination, exceed 20 footcandles when measured with a standard light meter perpendicular to the face of the sign from a distance measured one foot from the face of the sign. Underside lighting to illuminate translucent canopies and awnings is prohibited.
(e)
Banners and temporary signs. Banners, not to exceed 24 square feet, may be erected on a primary structure in a nonresidential zone for grand opening and going-out-of-business special events. Such banners must meet the following conditions:
[1]
An application for a banner permit must be submitted and approved. Only one banner shall be permitted per business per permit period.
[2]
The wording on the banner may contain the words "grand opening," "now open," "going out of business" or comparable announcement, the name of the business, proprietor or owner and/or a short description of the business. The banner shall be displayed on the premises of the applicant's primary building for a period not to exceed 30 days.
[3]
The banner shall not indicate any off-premises commercial endorsement or sponsorship. It shall not contain any lights, flags, pennants, streamers or other fluttering or spinning attachments, lighting or sound-generation equipment.
[4]
It shall be mounted no higher than nine feet from grade or the bottom of the second floor windowsill, whichever is lower, and shall not cover any window or door.
[5]
The banner shall be installed by the applicant, who shall also remove the banner immediately upon the expiration of the banner permit.
(2)
General sign design guidelines. The sign's design should complement the design of its host building or site and the overall character of the business district. Signs should be designed and painted by professional sign makers or experienced artists. Each sign should be designed in accordance with the following standards.
(a)
Appearance. Signs should be compatible with their surroundings. Signs for businesses in a common building or shopping, office or industrial center should be compatible with each other, too. Signs that relate to and complement their surroundings will capture the attention of a pedestrian or motorist better than a poorly designed one, which may give a negative impression of the business and the community as a whole. Signs attached to the same building should be the same shape, color and height, regardless of individual business ownership or tenancy in the building.
(b)
Materials. High-quality materials will ensure that a sign will look attractive, reduce maintenance costs and last longer. Sign materials and finished textures should complement the building materials. Permanent signs should be made of wood, high-density foam simulating wood, medium-density overlay and finished plywood, brass, copper or bronze. Generally, signs made of inferior-grade unfinished wood and plastic are inappropriate and discouraged. Cotton, vinyl and mixed fabrics should be used for awning signs. Plastic and Lexan materials should be used for internally illuminated signs.
(c)
Placement. Many buildings have spaces that are specifically designed for signs, such as the area below the second floor windowsill or on a building or sign fascia. Signs should be integrated with the building without obscuring important architectural details or storefront windows. Signs should be mounted so as to minimize damage to architectural materials. Sign supports should be finished with architectural details to complement the sign, such as ornamental iron or brass supports and routed wood posts and edges to provide detail and relief. Window and door signs should avoid cluttering and blocking views. This will help increase customer interest and business visibility, viability and safety.
(d)
Lettering. Lettering and character typefaces should match the scale of the building and size of the sign. Signs should be legible from a typical viewing position and travel speeds. Hard-to-read, faddish and intricate typefaces should be avoided.
(e)
Color. Colors influence a sign's legibility, character and general appearance. The colors should be compatible with the style and color scheme of the building and its neighbors. Color schemes should be kept simple, limited to two or three colors and based on a host building's painted exterior detailing, such as window trim and cornices.
(f)
Lighting. The Township of Haddon encourages the use of decorative light fixtures, such as gooseneck, hooded, historic reproduction and alcove fixtures, complimentary to the design of a building, sign or site. Direct external illumination should be used in all business districts. Internally illuminated signs and neon lights should be evenly lit with no isolated bright or dark spots. No substantial light or glare may be directed or reflected onto adjacent streets or properties.
(3)
Zoning district design standards.
(a)
C-1 District. A business in the C-1 Central Business Zoning District may erect one nonexempt sign as follows:
[1]
A single facade or a single window sign not to exceed: in total sign area, 0.75 square foot for each linear foot of building frontage or 24 square feet, whichever is less; in lettering area, 0.5 square foot for each linear foot of building frontage; in height, nine feet or the bottom of the second floor windowsill, whichever is lower; and in lettering height, 12 inches. Such signs may be made of dimensional opaque elements not to extend more than three inches from the wall surface and may be externally illuminated. Internally illuminated sign cabinets are prohibited.
[3]
A temporary banner sign.
[4]
Where a property fronts on more than one street, the total number of nonexempted signs permitted shall be two. No more than one nonexempt sign shall be erected on any building frontage. Where a property has an entrance from a rear parking area, one additional nonexempted sign to front that parking area is permitted.
[5]
A fabric awning sign, however, no other sign will be permitted.
(b)
C-2, C-3, C-4 and LI Districts. A business in the C-2, C-3, C-4 and LI Zoning Districts may erect a total of two of the following nonexempt signs:
[1]
A sign painted on a first floor window not to exceed: in area, 20% of the glass area; and in letter height, six inches.
[2]
A wall sign not to exceed: in total sign area, 40 square feet or 15% of the wall surface of the primary street frontage, whichever is less; in height, 15 feet or the bottom of the second floor windowsill, whichever is lower; and in lettering height, 12 inches. Such signs may be made of dimensional opaque elements not to extend more than three inches from the wall surface and may be externally illuminated. Internally illuminated cabinet signs are prohibited.
[3]
In the C-4 Zone, a freestanding sign not to exceed: in total area, 20 square feet; in height, five feet; and in lettering height, 12 inches. The maximum height shall be seven feet from grade level. The sign shall be set back at least 20 feet from all street lines and 25 feet from all side property lines.
[4]
In the C-2 and C-3 Zones, if the building setback from the curbline is less than 40 feet, a freestanding sign not to exceed: in total area, 20 square feet; in height, seven feet; and in lettering height, 12 inches. The sign shall be set back at least 20 feet from all street lines and 25 feet from all side property lines.
[5]
In the C-2 and C-3 Zones, if the building setback from the curbline is greater than 40 feet, a freestanding sign not to exceed: in total area, 20 square feet; in height, 12 feet; and in lettering height, 12 inches. The sign shall be set back at least 20 feet from all street lines and 25 feet from all side property lines. The minimum ground clearance shall be seven feet.
[6]
A multiple-occupant/-tenant sign.
[7]
Where a property fronts on more than one street, the total number of nonexempted signs permitted shall be two. No more than one nonexempt sign shall be erected on any building frontage. Where a property has an entrance from a rear parking area, one additional nonexempted sign to front that parking area is permitted.
(c)
LI Zoning District. Billboards shall be permitted as a conditional use in the LI Zoning District if the following conditions are met.
[Added 11-27-2018 by Ord. No. 1390]
[1]
As used in this section, "billboard" shall mean an off-site outdoor sign, in excess of 24 square feet in area, which advertises and/or directs attention to a business, commodity, service, entertainment or facility which is not located, conducted, sold or offered on the premises where such sign is located.
[2]
Billboards may only be used, erected, maintained, altered, relocated, removed or demolished in compliance with the provisions of this section and any and all other ordinances and regulations of the Township of Haddon relating to the use, erection, maintenance, alteration, relocation or removal of any sign, including but not limited to applicable building and electrical codes, and shall likewise conform to all other state law, regulations and rules governing billboards, including but not limited to the requirement to obtain a permit from the New Jersey Department of Transportation in accordance with the Roadside Sign Control and Outdoor Advertising Act, N.J.S.A. 27:5-5 et seq.
[3]
Site plan application required.
[a]
All billboards shall be subject to site plan review prior to the approval and/or issuance of any permits. All site plan applications filed in accordance with this section shall contain the written approval and consent of the property owner of the land upon which the billboard is to be erected. Further, in addition to any documentation required to be submitted with a site plan application in general, any applicant submitting a site plan application in accordance with this section also shall attach the following:
[i]
A copy of the license issued to the applicant by the New Jersey Department of Transportation in accordance with the Road Sign Control and Outdoor Advertising Act, N.J.S.A. 27:5-5 et seq., which authorizes the applicant to engage in the business of outdoor advertising;
[ii]
A copy of the permit or conditional permit which was issued by the New Jersey Department of Transportation in accordance with the Road Sign Control and Outdoor Advertising Act, N.J.S.A. 27:5-5 et seq. for the proposed billboard; and
[iii]
A copy of the disclosure statement the applicant filed with the New Jersey Department of Transportation pursuant to N.J.S.A. 27:5-28.
[b]
The land use authority of the Township of Haddon which is presented with an application pursuant to this section shall approve such application only if it finds that the proposed billboard meets all requirements of this section and also satisfies and/or does not violate the general restrictions set forth in N.J.A.C. 16:41C-3.1.
[4]
All billboards shall be located only on property abutting the roadway known as Route 130 and only along the section of Route 130 which begins at the common boundary line between the Township of Haddon and the City of Gloucester at Newton Creek and extends south to the northerly right-of-way of Blemheim Avenue (a paper street).
[5]
Area, height, yard and other bulk requirements. The following bulk standards shall apply to the erection, construction, installation and location of all billboards:
[a]
The support structure and sign face of any billboard shall be located a minimum of 10 feet from the right-of-way line of Route 130 and a minimum of 25 feet from the right-of-way of any adjoining, connecting or intersecting roadway;
[b]
No billboard shall be erected within the clear sight triangles (per A.A.S.H.T.O.) of any public street or roadway and billboards generally shall not be erected, constructed, installed or located in any manner that obstructs or impedes traffic safety, including areas of ingress and egress, or blocks the view from the roadway or street of any traffic sign, signal or device, or any directional sign or existing or proposed business sign, logo or other sign;
[c]
The support structure and sign face of any billboard shall be located a minimum of 250 feet from any residential zone or residential use; provided, however, that where a billboard is located within 250 feet of a property that contains a mixed use that includes a residential use, the residential use may be ignored if the residential use is inconsequential;
[d]
The minimum setback of a billboard from any property line must be equal to the overall height of the billboard and its support structure; provided, however, that no billboard shall be erected, constructed or located within 25 feet of any property line;
[e]
No billboard shall be located within 300 feet of any other billboard;
[f]
No billboard can be erected, constructed or located on properties that have less than a minimum of 200 feet of frontage along Route 130;
[g]
The maximum size or area of the face of a billboard shall be no more than 14 feet high and no more than 48 feet wide with a maximum area per face or side of 660 square feet;
[h]
The maximum height of a billboard shall be 35 feet and shall be measured from the top of the sign face to the top of the roadway to which the billboard is oriented;
[i]
All distances required by this section shall be measured in all directions from any point of the sign structure.
[6]
Only one two-sided billboard shall be erected on each billboard support structure; provided, however, that each side or face of a billboard shall be considered as a separate billboard for purposes of site plan review and permitting.
[7]
The view of a billboard shall be oriented only in the direction of Route 130 regardless of whether the billboard is located near, adjacent, or close to the intersection of another roadway.
[8]
No billboard shall be erected, constructed, installed or located on any other structure nor shall any billboard overhang any building structure.
[9]
All billboards shall be constructed of permanent materials, shall be permanently attached to a rigid wall, frame or structure and shall be supported by a support structure in the form of a single pole affixed to or embedded in the ground.
[10]
All billboards shall be maintained in a safe condition with due regard for conditions of climate, weather and terrain, and as a condition of continued use or permit renewal, unsafe signs shall be remediated by maintenance or repair.
[11]
Billboards may be illuminated provided that all light sources shall be designed, shielded, arranged and installed to confine or direct all lighting onto the advertising surface of the billboard and away from adjoining properties. All lighting shall conform to the general lighting requirements applicable to signs as otherwise set forth in this chapter. Animated billboards are not permitted, including but not limited to changeable copy signs and/or billboards that contain LED or LCD screens.
[12]
The base of every billboard support structure must be enclosed and/or otherwise protected so as to limit access to the structure in order to prevent or avoid climbing upon or unauthorized entrance to the structure.
[13]
The area surrounding the support structure of a billboard also shall be suitably landscaped as follows:
[a]
Evergreen species shall be planted adjacent to the support structure at a planting height of at least 25% of the pole height and shall include a variety selected to grow to reach a maximum height of at least 50% of the pole height;
[b]
Flowering materials, such as annuals or perennials, and shrubbery shall be used as bedding around the evergreens;
[c]
The area of the landscaping required by this section shall be not less than 20 feet by 20 feet; and
[d]
All landscaping required by this section shall be maintained by the owner of the billboard.
[14]
No billboard shall be permitted to be erected, constructed, installed or located on a property that already sustains and/or maintains two uses.
[15]
All billboards for which permits have been issued by the New Jersey Department of Transportation and the Township of Haddon shall display in a conspicuous position on the sign or its supporting structure the name of the person or business holding the permit.
[16]
For purposes of this section only, no permit shall be required for any billboard, sign or other device which is to be used solely for any of the following purposes:
[a]
To advertise exclusively for sale or rent the property upon which the sign or other device is located;
[b]
For notices required by law to be posted or displayed;
[c]
For any official sign established pursuant to the Manual of Uniform Traffic Control Devices erected on any public highway by the public authority having jurisdiction over that public highway;
[d]
For signs which are not adjacent to an interstate or primary system highway and which advertise activities conducted upon the property on which they are located; or
[e]
For any sign erected or maintained by the New Jersey Department of Transportation or the Township of Haddon.
[17]
Any person or business issued a license by the New Jersey Department of Transportation in accordance with the Road Sign Control and Outdoor Advertising Act, N.J.S.A. 27:5-5 et seq., shall be required to provide to the Construction Official of the Township of Haddon a copy of each and every renewal of said license within 15 days of the date such annual renewal is issued by the New Jersey Department of Transportation.
[18]
A license issued in accordance with § 142-40C or a permit issued in accordance with this section may be revoked by the governing body of the Township of Haddon for any or all of the following reasons:
[a]
For any egregious violation of this chapter as determined by the governing body;
[b]
Where a nonconforming billboard loses its nonconforming status in accordance with § 142-40D(3)(c)(19);
[d]
Where the New Jersey Department of Transportation revokes any license issued by it pursuant to the Road Sign Control and Outdoor Advertising Act, N.J.S.A. 27:5-5 et seq.;
[e]
Where the New Jersey Department of Transportation fails, refuses or declines to renew any license issued by it pursuant to the Road Sign Control and Outdoor Advertising Act, N.J.S.A. 27:5-5 et seq.; or
[f]
Where the New Jersey Department of Transportation or any court of competent jurisdiction issues a directive, order or decree which requires and/or directs removal of a billboard or offsite outdoor sign.
[19]
Nonconforming billboards. In addition to the provisions of § 142-40F regarding nonconforming signs, the following shall apply to billboards erected, constructed, installed or located within the Township of Haddon when an amendment to this chapter renders an existing billboard nonconforming with such new regulation(s):
[a]
Subject to the conditions below, the owners of a nonconforming billboard may continue to use the billboard in the same manner and condition as the billboard was in when it became nonconforming; provided, however, that a nonconforming billboard may not be increased in size or height, relocated or otherwise altered absent further site plan review in accordance with § 142-40D(3)(c)(3);
[b]
All nonconforming billboards shall be dismantled and removed at the owner's expense if any of the following occurs:
[i]
The billboard is declared and determined to be abandoned in accordance with § 142-40F(9);
[ii]
The billboard is determined to be damaged in excess of the degree established in § 142-40F(6);
[iii]
The license or permit issued by the New Jersey Department of Transportation for the subject billboard has been revoked or has not been renewed; or
[c]
Nothing herein shall be construed to prevent the owner of a nonconforming billboard from performing customary maintenance and every owner of a nonconforming billboard shall be required to perform such customary maintenance in accordance with § 142-40F of this chapter.
[d]
All owners of nonconforming billboards will be notified that their signs are nonconforming and of the terms of this chapter.
[20]
Pursuant to N.J.S.A. 27:5-16, 27:5-17 and 27:5-23, and in addition to any other remedy or penalty set forth in the Roadside Sign Control and Outdoor Advertising Act[3] or this chapter, a person who erects or maintains a sign or other object of outdoor advertising, or authorizes his name to be used in connection therewith, without complying with the provisions of both the Roadside Sign Control and Outdoor Advertising Act and/or this chapter, or any regulations issued thereunder, shall be liable for a penalty in an amount not less than $50 and not to exceed $500 for each offense. Each day of violation may be deemed to be a separate offense; provided, however, that except for egregious violations, the maximum penalties assessed shall not exceed the gross income of the sign or $50 per day, whichever is greater.
[3]
Editor's Note: See N.J.S.A. 27:5-5 et seq.
(4)
Specific sign design standards.
(a)
Temporary business identification signs. A temporary business identification sign shall meet the following conditions:
[1]
The Zoning Officer may permit a new business to display one such sign per business, pending the necessary approvals for the business' permanent signage.
[2]
Such sign shall conform to the general design guidelines and zoning district design standards.
[3]
The temporary business identification sign shall be placed in the same location as the permanent sign would.
[4]
The temporary business identification sign must be removed upon installation of approved permanent signage or business expiration or 90 days, whichever is sooner.
(b)
Door signs. A door sign, which may include the premises' days and hours of operation and contact numbers by which the business, proprietor or owner may be contacted, shall meet the following conditions:
[1]
There shall be only one such sign permitted per entry door.
[2]
The sign area shall not exceed 1.5 square feet, not including any portable "open" sign under 0.25 square foot in area.
[3]
The sign shall be painted, applied or hung from the inside of the door. Lettering on door glass shall be painted in gold leaf or a light color.
[4]
No other signage, including exempt signs, shall be placed on the door.
(c)
Temporary advertising window signs. Temporary advertising signs shall meet the following conditions:
[1]
The combined sign area of all temporary advertising signage shall not exceed 10% of the total window area. Sign area shall include the signboard or mounting structure, regardless of whether it contains letters, characters or other illustrations.
[2]
Signs shall be mounted on a signboard or otherwise displayed indoors inside the business premises. Signs shall not be affixed to or supported on any window or door and shall be separated from store window and door surfaces by at least 12 inches.
[3]
Signs must show beginning and expiration dates in one-half-inch letters at the lower right hand corner of each sign. Signs shall be removed after 30 days.
[4]
Individual sign letters and characters may not exceed nine inches in height.
[5]
Signs shall not contain any lights, flags, pennants, streamers or other fluttering or spinning attachments.
(d)
Real estate signs. A real estate sign shall meet the following conditions:
[1]
Only one such sign shall be permitted on the tax parcel advertised for sale or lease and set back at least 10 feet from all streets.
[2]
It shall not exceed six square feet on each side and four feet in height.
[3]
The realtor shall remove it at closing or completion of the matter being advertised.
[4]
It may include the realtor's telephone and other contact numbers.
[5]
Open house signs are permitted 48 hours prior to the sales event and must be removed immediately after the open house. No off-site directional signs are permitted.
(e)
Construction signs. A construction sign shall meet the following conditions:
[1]
Only one such sign shall be permitted on the tax parcel under construction and set back at least 10 feet from all streets.
[2]
It shall not exceed six square feet for residential properties, 15 square feet for nonresidential properties and five feet in height.
[3]
Signs are permitted at the start of said work and must be removed at the completion of the work.
[4]
It may include the contractor's telephone and other contact numbers.
(f)
Multiple-occupant/-tenant (MOT) signs. A flush-mounted wall, projecting or freestanding multiple-occupant/-tenant sign shall be used where a building or site contains two or more different commercial or office uses or tenants and shall meet the following conditions:
[1]
Only one such sign shall be permitted for each tax parcel, except for corner properties within all commercial and industrial zones where one such sign may be erected on both frontages.
[2]
No more than one multiple-occupant/-tenant sign shall be erected on any building frontage.
[3]
Except for projecting signs, as permitted, such signs shall have a maximum height of six feet.
[4]
The principal heading or logo should not exceed 25% of the sign area. A multiple-occupant/-tenant sign for two different uses shall not exceed four square feet and may contain an additional one square foot of area for each additional use in the building or site, up to a maximum of eight square feet.
[5]
Maximum letter height shall not exceed four inches. The sign's lettering style and coloring shall be the same for all uses and tenants.
(g)
Auto service stations.
[1]
One lighted or unlighted freestanding sign is permitted. The area of the sign shall not exceed 40 square feet. The maximum height shall be 15 feet. The sign shall be set back at least 20 feet from all street lines and 25 feet from all side property lines. The sign may include an area used for the display of current prices, if said area is an integral, permanent part of the sign.
[2]
Two canopy business identification signs are permitted, if they are permanently attached to the canopy, do not extend beyond the edges and do not exceed 20 square feet each.
[3]
One identification sign not exceeding 12 square feet in area may be attached flat against the building in lieu of canopy signs.
[4]
One unlighted informational sign is permitted on each gas island indicating the type of service provided at that location. Each sign shall not exceed five square feet in area.
(h)
Religious uses, educational institutions, public or quasi-public buildings or uses: one freestanding ground-mounted sign not exceeding six feet in height, 12 square feet and set back at least 25 feet from all street rights-of-way and lot lines or one attached sign not exceeding 12 square feet in area.
(i)
Residential area signs for multifamily housing: Each development may have one freestanding, ground-mounted sign along each abutting arterial or collector road. Such sign(s) shall not exceed six feet in height, shall be set back from the street rights-of-way and driveways at least 20 feet, shall be set back from any adjacent property line a minimum of 50 feet, shall not exceed an area of 24 square feet and shall be used only to display the property's name and address.
(j)
Home occupations: In R-l, R-2 and R-D Districts, one unlighted or interior white-lighted nameplate sign identifying the home occupation, not exceeding two square feet in area and attached flat against a building or freestanding is permitted. If freestanding, the sign shall be no higher than five feet and set back 10 feet from all lot lines.
E.
Maintenance.
(1)
The property owner shall be responsible for maintaining all signs erected on a tax lot. This maintenance shall include repainting, repairing and cleaning, as necessary. No sign shall be permitted to exhibit:
(2)
If the Zoning Officer or Enforcement Officer determines that any sign is in a state of disrepair so as to no longer be reasonably capable of presenting its message, or be abandoned or a danger to the public health or public safety, he/she shall give written notice of the condition of the sign to the owner of the sign and to the owner of record of the tax lot.
(3)
The property owner shall thereafter have 10 days to repair or remove said sign.
(4)
If said sign is not satisfactorily repaired or removed within the ten-day period, the Zoning Officer or Enforcement Officer may thereafter take such actions as are permitted pursuant to the enforcement code of the Township of Haddon.
F.
Nonconforming signs.
(1)
It is the intent and purpose of this chapter that, as soon as legally possible, all existing signs not conforming to the provisions of this chapter be eliminated or brought into conformity with the provisions of this chapter.
(2)
Legal nonconforming signs. Any sign located within the Township which does not conform to the provisions of this chapter but which did conform to the applicable ordinance on signs at the time that it was erected and for which a permit was obtained, or was previously approved by variance, shall be a legally nonconforming sign. It may continue in use until it has lost its legal nonconforming status under this chapter.
(3)
Status of legal nonconforming signs. A legal nonconforming sign shall immediately lose its legal nonconforming status on account of any of the following events:
(4)
Periodic maintenance as required by this chapter shall not be considered as alterations resulting in the loss of legal nonconforming status.
(5)
No lawfully existing permanent sign shall be enlarged, redesigned or altered in any way, except to conform to this chapter and to provide ordinary sign maintenance. Alteration of the lettering or message on an approved changeable copy sign is exempted from this requirement. Any sign replacing an existing sign shall conform to the provisions of this chapter.
(6)
No nonconforming sign shall be replaced in the event of its removal or destruction. If a nonconforming sign is deemed damaged in such a way that the cost of restoration would exceed 1/2 of the replacement cost as of the date of the damage, it must not be reconstructed or repaired except in conformance with this chapter.
(7)
All nonconforming signs shall be removed in the event of a change in use, new certificate of occupancy, change of business license or change of tenancy on the premises. All nonconforming signs shall be removed if a building permit is issued for any exterior construction improvements to the building or an application for site plan is required on said property, sign-related or not.
(8)
No new signs may be approved for any property while a nonconforming sign remains in use on that property. Approval and erection of any new signs for a property shall be contingent upon simultaneous removal of all nonconforming signs for said property.
(9)
Abandonment. No person shall maintain or permit to be maintained on any premises owned or controlled by him a sign which has been abandoned. An abandoned sign, for the purpose of this section, is a sign located on, and/or related to, the use of the property which becomes vacant and unoccupied; any sign which was erected for an occupant or business unrelated to the present occupant or business; or any sign which related to a time, event or purpose which is past. Any such sign shall be abated by the owner or person controlling the property within 30 days of the date of the abandonment as herein defined. Any sign identifying an abandoned use shall itself be considered to be abandoned.
G.
Enforcement.
(1)
The Township of Haddon shall enforce this chapter.
(2)
Upon the discovery of a violation of this chapter, the Zoning Officer or Enforcement Officer shall give written notice to the owner of the sign and to the owner of record of the tax lot that the sign is in violation of this chapter and to bring the sign into conformity with this chapter or to remove it or to apply for a sign permit to allow the sign as existing within 20 days of the notice.
(3)
In the event that any sign continues to be in existence after notice, the Township of Haddon may file a Municipal Court complaint against the owner of the sign and the owner of record of the tax lot and take such other action as may be permitted by law.
§ 142-41 Fences, walls and sight triangles.
A.
No building, fence, or other structure shall be constructed of, erected with, or topped by barbed or razor wire, metal spikes, or any material or in any manner which may be dangerous to persons or animals.
B.
On any lot in any district no wall or fence shall be erected or altered so that the wall or fence shall be in the front yard or over three feet in height in side and front yard areas and five feet in height in rear yard areas except:
(1)
A dog run or privacy area may have fencing a maximum of six feet in height, provided such area is located in rear yard areas only and is set back from any lot line at least 15 feet.
(2)
A private residential or public swimming pool must be surrounded by a fence of five feet. Swimming pool areas shall be located in the rear areas only, and the fence may be on the property line.
[Amended 12-27-2001 by Ord. No. 1080]
C.
On a corner lot in any district sight triangles shall be required in addition to the right-of-way in which no grading, planting or structure shall be erected or maintained more than three feet in height as measured from the mean elevation of the finished grade five feet away from the center line of the grading, planting or structure. The sight triangle is defined as that area outside the right-of-way which is bounded by the intersecting street lines and the straight line connecting "sight points," one each located on the two intersecting street center lines the following distance away from the intersecting center lines: arterial sectors at 300 feet; collector streets at 200 feet and local streets at 90 feet. Where the intersecting streets are both arterial both collectors or one arterial and one collector, the two overlapping sight triangles shall be required to be formed by connecting the sight points noted above with a sight point 90 feet on the intersecting street.
§ 142-42 Personal wireless service facilities.
A.
Definition. Personal wireless service facilities means those antennae or towers providing commercial mobile communication services, unlicensed wireless communication services, and common carrier wireless exchange access communication services, as prescribed in the Federal Telecommunications Act of 1996.
B.
Purposes.
(1)
To provide for the use of cellular communications antennae and towers (hereinafter "towers") while regulating their location and number in the Township.
(2)
To minimize the adverse visual impacts of towers and support facilities through proper design, siting, and screening.
(3)
To avoid potential damage to adjacent residential and commercial properties and associated traffic from tower failure and falling ice, through proper siting, engineering design, and continued maintenance.
(4)
To encourage the joint use, or collocation, of any new towers to reduce the number and scale of such structures in the future.
C.
Regulating telecommunication antennae or towers. Telecommunication antennae and towers shall be regulated in the Township of Haddon in accordance with this section. Tower facilities may include storage cabinets for transmitting equipment, but may not include offices, long-term vehicle storage, other outdoor storage, or broadcast studios, except for emergency purposes as permitted by the Federal Communication Commission (FCC), or other uses that are not necessary to send or receive transmissions.
D.
Use. Telecommunication antennae may be permitted as a conditional accessory use to existing public service infrastructure with sufficient height as to be affixed to such infrastructure, such as water towers, or other tall public buildings, smokestacks, and communication towers.
E.
Conditional use requirements. Applications for development of a tower or tower facility must meet the following conditional use requirements:
(1)
Height.
(a)
The maximum height shall not exceed 100 feet. The height of an antenna shall not exceed the height of an existing tower, building, or structure on which it is to be mounted by more than 15 feet. The applicant shall demonstrate that the proposed antenna is the minimum height to function satisfactorily. No antennae taller than this minimum height shall be approved.
(b)
The height of towers may also be regulated by the Federal Aviation Administration (FAA) for airport and air traffic safety reasons. When required by the FAA or other state or federal authority, tower lighting shall be oriented so as not to project onto surrounding residential uses or residential zones. The applicant shall provide a determination from the FAA that the tower is not an air safety hazard prior to final site plan approval.
(2)
Setback. Towers shall be set back on all sides of the property an equal distance as the proposed height. No other structures or other personal wireless service facilities may be constructed within the fall zone of any tower.
(3)
Collocation.
(a)
In order to prevent their proliferation in the Township, each tower shall be designed to allow collocation or shared use of additional antennae for the proposed provider, as well as the antennae of all licensed providers in the Township, and local police, fire, ambulance, emergency preparedness, and public educational facilities. Applicants must send a certified mail announcement to all other tower owners and users and to all owners of tall buildings and structures, i.e., greater than 50 feet, within the Township and within a one-quarter mile radius of the proposed site stating their siting needs and asking for permission to install or share the site of their proposed antennae.
(b)
Applicants shall provide testimony indicating that no other tower, tall building, structure, etc., within this area is available for collocation. Applicants cannot be denied or deny space on an existing tower, tall building, or structure within the Township for economic reasons. Collocation may, however, be denied for structural, mechanical, or regulatory factors. The Board may deny an application to erect a new tower if the applicant has not made a good faith effort to mount the antenna on an existing tower, building, or structure. Copies of proposed access, collocation, or other related leases and agreements shall be provided to the Board Solicitor for his or her review.
(4)
Construction. Towers shall be either of a freestanding (monopole) or lattice (self-supporting) design with provision made for clipping or reducing the size of the fall zone to 66% of the total height. Towers anchored with guy wires shall not be permitted. All towers and support structures shall be fitted with anticlimbing devices, as approved by the manufactures.
(5)
Design compatibility. The entire facility must be architecturally compatible with its surroundings. The use of residentially compatible materials such as brick and stucco shall be required for associated support buildings, which shall be designed to architecturally match the predominant character of adjacent residential neighborhoods. In no case shall metal exteriors be permitted for accessory buildings.
(6)
Performance standards. Equipment at tower properties shall be automated in order to minimize the need for maintenance and servicing. Applicants shall provide testimony indicating the estimated frequency of maintenance service, personnel needs, equipment needs, and any anticipated traffic, noise, radiation, radio frequency interference, or public safety impacts, such as falling ice, debris, or structural collapse of the proposed use. Uses shall provide off-street parking and be accessible by means of a public street or private easement in a form acceptable to the Board solicitor.
(7)
Screening. The base of towers or other personal wireless service facilities must be screened on all sides by public view by the use of opaque fencing to a height of six feet, or evergreen shrubbery, or both, wherein such screening shall be approved by the Board, considering aesthetic, type, location, and other such factors. The screen must be such so as to prevent the tower or facility from being seen from a public right-of-way and from adjacent residential and commercial properties at ground level.
(8)
Signage. No signs and or billboards of any kind shall be erected or placed on a tower, except for "warning" or "no trespassing" signs which may be placed at the base of the structure. No part of the tower, antennae, fixtures, or instruments attached to the tower may have any written copy, design, logo, or other graphic image that could be construed as an advertisement.
(9)
Lighting. No tower may be artificially lighted or illuminated, except when required by the FAA.
(10)
Structural integrity. The governing body may require periodic inspections of towers to ensure their structural integrity, i.e., at least once every 10 years for monopole towers, and once every five years for self-supporting towers. Inspections shall be conducted by an engineer licensed by the State of New Jersey. The results of such inspections shall be provided to the Township Engineer who shall advise the governing body as to any required repair or removal of a tower.
(11)
Abandonment. In the event that a tower is to be left unused for a period of more than six months, the tower shall be determined to be abandoned and a potential threat to public safety. Upon due notice to the owner of the tower, the Township may place a lien on the property for required engineering and demolition costs or may acquire the property through eminent domain.
(12)
Site plan. The applicant must submit a site plan to the Board and receive its approval for all new tower facilities. The Board may waive formal site plan submission for antennae proposed to be mounted on an existing tower, tall building, or structure. Such site plan shall be submitted in six copies, be prepared, signed, and sealed by a professional engineer licensed in the State of New Jersey, and shall include an identification of the location and size of the proposed property, as well as engineering drawings indicating the proposed use and its method of support and foundations, the method of construction, materials to be used, height of all structures, required setbacks and fall zone of the proposed tower, collocation documentation, maintenance information, and required screening. The applicant is required to obtain a building permit prior to the installation and erection of the approved uses, however, no building permit may be used in the absence of site plan approval by the Planning Board.
§ 142-43 Swimming pools.
A.
General requirements.
(1)
No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residential building. Pools shall be located in rear yard areas only and shall meet the setback distances for accessory buildings as specified in Article V for each particular zoning district, except that in no case may a swimming pool be located closer than 10 feet to any lot line. In the case of corner lots, a pool shall be set back no closer than 50 feet to any street.
(2)
A swimming pool shall occupy no more than 75% of the rear yard area in which it must be located.
(3)
Private residential and public swimming pool areas with a depth greater than 18 inches must be surrounded by a suitable fence with a self-latching gate at least five feet in height, but no more than six feet in height. The fence shall extend eight inches below grade.
(4)
Pool lighting shall be designed and located to prevent glare onto contiguous properties.
B.
Design requirements. Private residential or public swimming pools shall not contain drain outlets which connect in any manner to any sanitary sewerage disposal system. All private residential and public swimming pools shall have drain outlets which connect to the storm sewers (if storm sewers are adjacent to the property) or shall have drain outlets which empty into the public street. In no event, however, shall any pool whose drain empties into the public streets be emptied or drained when the temperature is less than 40º F.
C.
Health requirements.
(1)
There shall be no physical connection between a public or private potable water supply system and any swimming pool at a point below the maximum water level of the swimming pool or to a recirculation or heating system of any such swimming pool unless such physical connection is so installed and operated that no pool water can be discharged or siphoned into any potable water supply system.
(2)
Water purity. The physical chemical and bacterial qualities of the water in swimming pools shall comply with the latest requirements made by the American Public Health Association and by the New Jersey Department of Health.
D.
Fences.
(2)
No permit shall be issued for the construction of a swimming pool fence prior to the issuance of a construction permit for a swimming pool upon the same premises. If construction of the swimming pool does not precede or coincide with the construction of the swimming pool fence, the Construction Code Official shall revoke the construction permit for the fence until construction of the swimming pool has proceeded substantially toward completion. Upon removal of any swimming pool, the accompanying fence must be returned to the conforming fence height.
§ 142-44 Nonconforming uses, structures and lots.
A.
The lawful use of land or structures existing at the date of adoption of this chapter, as amended, may be continued although such use or structure is nonconforming to the provisions specified in this chapter, as amended, for the zoning district in which such use or structure is located, except as provided by law.
B.
Any nonconforming use or structure which has been changed to a conforming use or structure shall not be changed back again into a nonconforming use or structure.
C.
Any nonconforming use, structure or lot may change ownership and continue to function as the same nonconforming use, structure or lot, provided all other provisions of this chapter and other applicable laws are met.
D.
Repairs and maintenance work required to keep a structure in sound condition may be made to a nonconforming structure or a structure containing a nonconforming use. However, no nonconforming structure or structure containing a nonconforming use shall be enlarged, extended, constructed, reconstructed or structurally altered in any manner.
E.
A nonconforming use shall be considered abandoned if it is discontinued or abandoned for 12 consecutive months. Abandoned nonconforming uses shall not be reestablished.
F.
Any nonconforming use, structure or building which has been destroyed by fire, explosion, flood, wind, storm or another act of nature shall be considered partially destroyed if the cost of restoration equals one-half or less than the estimated true valuation of the structure or building as determined by the Township Tax Assessor, and such uses, structure or building may be rebuilt, restored or repaired. If the damage is greater than above outlined, the use, structure or building shall be considered completely destroyed and shall not be rebuilt, restored or repaired unless in conformity to the use, structure and building requirements of this chapter.
G.
Any lot upon which a nonconforming use or structure is located shall not be reduced in size, nor shall any lot already nonconforming be made more nonconforming in any manner.
H.
Any vacant lot existing at the effective date of adoption or amendment of this chapter, except those described in Subsection I below, whose area or dimensions do not meet the requirements of the district in which the lot is located may have a building permit issued for a use permitted for that zoning district, provided the building coverage limit is not exceeded, parking requirements are met and the yard and height provisions are reduced by the same percentage that the area of such lot is substandard, except that no side yards shall be less than eight feet or half that required by this chapter, whichever is greater. No building shall be set back less than 10 feet from any street right-of-way, and no building shall be required to have a height less than 12 feet and one story. All other applicable provisions of this chapter shall hold. Where a lot is formed from part of the lot already occupied by a building, such subdivision shall be effected in such a manner as not to impair any of the requirements of this chapter with respect to the existing building and all yards and other open space in connection therewith and so that all resulting lots have adequate dimensions consistent with the requirements of the zoning district in which it is located and so that all lots have frontage on a street.
I.
Whenever title to two or more contiguous lots is held by the same owner, regardless of whether or not each of said lots may have been approved as portions of a subdivision or acquired by separate conveyance or by other operation of law, and one or more of said individual lots should, by reason of exceptional shallowness, topographical conditions, substandard area or yard space or similar measurements, not conform with the minimum lot area and dimension requirements for the zone in which it is located, the contiguous lots of said owner shall be considered as a single lot and the provisions of this chapter shall hold.
§ 142-45 Buffers.
A.
Buffer areas are required along lot and street lines of all nonresidential lots where said property lines or the center line of adjacent streets abut residential uses or residential zoning district lines, or where a townhouse or multifamily use abuts another use. Each permitted use shall provide and maintain attractively landscaped grounds and suitable screening in order to safeguard the character of adjacent districts. The width of the buffer areas shall be six feet, unless otherwise specified in this chapter.
B.
Buffer areas shall be measured horizontally and be either perpendicular to straight lot and street lines or radial to curved lot and street lines. Buffer areas shall be maintained and kept clear of all debris, rubbish, weeds and crab grass. No structure, activity, storage of materials or parking of vehicles shall be permitted in the buffer area and all buffer areas shall be planted and maintained with grass or ground cover together with a dense screen of trees, shrubs, other plant materials and/or fencing.
C.
Plant materials used in screen plantings to adjacent properties shall be at least six feet in height when planted and to those across the street shall be at least 30 inches in height when planted and be of such density that all the glare of automobile headlights emitted from the premises is obscured through the full course of the year. The plant materials shall be of a mixture of evergreen and deciduous species common to the area, be of nursery stock and shall be free of insect and disease.
D.
Buffer areas shall be permanently maintained, and plant material which does not live shall be replaced within two years.
E.
The screen planting shall be so placed that at maturity the plant material will be no closer than three feet to any street or property line.
F.
Except for driveways and required sight triangles, the buffer area shall not be broken unless specifically approved by the Planning Board.
§ 142-46 Senior citizen multifamily development.
A.
Purpose. The purpose of this use is to provide for commercial and subsidized elderly housing in apartment buildings or in assisted living facilities pursuant to the Fair Housing Amendments Act of 1988 and regulations of the United States Department of Housing and Urban Development or the regulations of the New Jersey Council on Affordable Housing, as they may be modified or superseded.
C.
Accessory uses. Any of the following accessory uses may be permitted when used in conjunction with a permitted principal use:
(1)
Community room for the primary use of the residents.
(2)
Office for manager of the building.
(3)
Apartment for the manager or superintendent, if resident on site.
(4)
Maintenance building or buildings.
(5)
Ancillary rooms within the principal building(s) for the provision of social and medical services to residents of the building, such as:
(a)
Adult day care and physical training/therapy areas.
(b)
Meeting and assembly spaces.
(c)
Recreation facilities.
(d)
Hobby and craft work rooms, gardens, and greenhouses for the residents' use.
(e)
Medical and dental office facilities for residents' use.
(f)
Kitchen and dining facilities for residents' use.
(g)
Newsstands.
(h)
Laundry and cleaning services, excluding on-premises dry-cleaning operations.
(i)
Guest rooms.
(6)
Accessory uses on the same lot and customarily incidental to the permitted principal use.
D.
Area and yard requirements.
Required lot area | 40,000 square feet | ||
Maximum height | 60 feet [see § 142-36(2)] | ||
Maximum number of stories | 6 [see § 142-36D(2)] | ||
Maximum building coverage | 30% | ||
Maximum impervious coverage | 75% | ||
Maximum floor area ratio | 2 | ||
Minimum yard requirements | |||
Lot frontage | 100 feet | ||
Lot width | 100 feet | ||
Lot depth | 200 feet | ||
Front yard setback | 60 feet | ||
Rear yard setback | 30 feet | ||
Side yard setback | 20 feet | ||
Accessory building minimum | |||
Distance to side line | 10 feet | ||
Distance to rear line | 10 feet | ||
Distance to other buildings | 20 feet |
E.
G.
Design and performance standards. Conditional uses shall conform with all applicable standards under this section. In addition, the following standards should apply:
(1)
Architectural compatibility: Development shall be constructed in conformance with an overall architectural design theme that shall be compatible with all other existing or proposed buildings on the site and neighboring properties. The design of buildings, landscapes, infrastructure, and accessory uses shall also consider the desires and needs of senior citizens for privacy, security, accessibility, and community participation.
(2)
Community facilities: Social and recreational facilities shall reflect the desires and need preferences of anticipated residents. Indoor recreational, communal, cultural, and social facilities shall be required, as determined by the Board.
(3)
Buffer: An appropriate landscape buffer of deciduous and evergreen trees and shrubs shall be provided along incompatible adjacent land uses, as determined by the Board. The buffer width shall be 1/2 the yard setback requirements.
(4)
Outdoor recreational facilities: Suitable active and passive outdoor recreational areas shall be provided and appropriately landscaped and shall include, but not be limited to: garden areas, pathways, bird baths and feeders, and other features to encourage use of outdoor areas. All recreational areas shall be situated within a reasonable distance to proposed residential buildings and shall reflect the desires and need preferences of the residents. Walkways, paths, park benches, bicycle paths, and outdoor exercise trails may be permitted in the setback areas.
(5)
Garden plantings: Plant material has been proven to have a profound effect on the health and welfare of all persons and contributes to the quality of living for all residents. The areas around all sides of the building shall contain plantings that attract butterflies, birds, and other wildlife. The plantings should be of seasonal interest and visually attractive. Space should be available for the residents' use for participating in gardening activities.
(6)
Accessibility: All development shall be barrier-free. The proposed development shall provide access to local mass transit routes and nearby public and private facilities for residents' health and personal service needs, if not provided on site. A weather protected entranceway, canopy, or porte cochere should also be provided.
H.
Assurances. At the time of sale or lease of each unit, apartment, or bed space, as the case may be, the purchaser or lessee of such housing shall provide assurances of qualifying senior citizen status, i.e., at least one of the occupants must be 55 years of age or older, or as otherwise defined by the Social Security Act, and that no resident therein shall be under the age of 18 years. Resident managers and their families may be exempt from this requirement. All developers shall submit such provisions in a deed restriction and/or other documentation to the satisfaction of the Board.
§ 142-47 Senior citizen single-family development.
A.
Purpose. The purpose of this use is to provide for single-family detached dwellings, wherein residents shall be at least 55 years of age, with the following requirements.
B.
Permitted uses. Single-family detached dwellings, deed restricted for senior citizen occupation.
C.
Accessory uses. All those accessory uses permitted in the R-2 Zoning District [see § 142-37B(2)].
D.
Area and yard requirements.
(1)
Minimum tract size: four acres; and minimum tract frontage 150 feet.
(2)
Maximum density: six units per acre.
(3)
Minimum lot area: 5,000 square feet.
(4)
Minimum lot frontage: 50 feet.
(5)
Minimum lot depth: 100 feet.
(6)
Minimum front yard setback: 20 feet.
(7)
Minimum rear yard setback: 15 feet.
(8)
Minimum side yard setback: 15 feet aggregate and each side at least six feet.
(9)
Maximum height: 35 feet.
(10)
Maximum impervious coverage: 50%.
(11)
Maximum building coverage: 30%.
§ 142-48 Sexually oriented businesses.
A.
Statutory authorization; findings of fact; purpose and objectives.
(1)
Statutory authorization. The Legislature of the State of New Jersey has delegated the responsibility to the local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Township of Haddon does ordain as follows.
(2)
Findings of fact. Sexually oriented businesses have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them: causing increased crime, especially prostitution; adversely affecting property values; creating an atmosphere which is inimical to the values of a significant segment of the Township's population; and encouraging residents and businesses to move elsewhere. It is further recognized that sexually oriented businesses, when located in close proximity to each other, contribute to urban blight and downgrade the quality of life in the adjacent areas.
(3)
Purpose and objectives. It is the purpose of this section to regulate sexually oriented business to minimize and control any adverse effects recognized in Subsection A(2) and to promote the public health, safety, and general welfare of the citizens of the Township. It is not the purpose of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, nor will this chapter have the effect of restricting or denying such access.
B. OBSCENE MATERIALS SEXUALLY ORIENTED BUSINESS(1) (2) (3) SPECIFIED ANATOMICAL AREAS SPECIFIED SEXUAL ACTIVITIES
Definitions. As used in this section, the following terms shall have the meanings indicated.
The definition of "obscene materials" set forth in P.L. 1978, c. 95, as amended by P.L. 1982, c. 211, Sec. 1 (effective December 23, 1982, as N.J.S.A. 2C:34-2), as the same shall be from time to time amended or supplemented, as well as in accordance with and not more strictly than judicial interpretations thereof pursuant to the Constitutions of the United States and of the State of New Jersey finally concluded in courts of jurisdiction sufficient to render decisions on constitutional questions of general application.
A commercial establishment which as one of its principal business purposes offers for sale, rental, or display any of the following: books, magazines, periodicals, or other printed material, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which depict or describe a specific sexual activity or specified anatomical area; or still or motion picture machines, projectors, or other image-producing devices which show images to one person per machine at any time, and where the images so displayed are characterized by the depiction of a specified sexual activity or specified anatomical area; or instruments, devices, or paraphernalia which are designed for use in connection with a specified sexual activity; or
A commercial establishment which regularly features live performances characterized by the exposure of a specified anatomical area or by a specified sexual activity or which regularly shows films, motion pictures, video cassettes, slides, or other photographic representations which depict or describe a specified sexual activity or specified anatomical area.
Sexually oriented businesses include, but are not limited to, adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater, or adult theater.
Includes any of the following
C.
Location of sexually oriented businesses.
(1)
A person commits an offense if he operates or causes to be operated a sexually oriented business:
(a)
Within 1,000 feet of a place of worship.
(b)
Within 1,000 feet of any elementary or secondary school, whether public or private, or within 1,000 feet of any school bus stop.
(c)
Within 1,000 feet of a municipal or county playground or place of public resort and recreation.
(d)
Within 1,000 feet of any area zoned for residential use.
(e)
Within 1,000 feet of any existing sexually oriented business.
(f)
Within 1,000 feet of a residential use.
(g)
Within 1,000 feet of any premises licensed for the sale of alcoholic beverages, either consumption, distribution, or club licensees.
(2)
Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of a place of worship, a school, a boundary of a residential district, a public area, a lot devoted to residential use, or another sexually oriented business.
(3)
A sexually oriented business, lawfully operating as a conforming use, is not rendered a nonconforming use by the location, subsequent to the establishment of the sexually oriented business, of a place of worship, school, public area, residential district, or residential use to within 1,000 feet of the sexually oriented business.
D.
Development standards for sexually oriented businesses. Sexually oriented businesses shall conform to the location and development requirements established in the Haddon Township Land Use and Development Chapter and with the following:
(1)
Every sexually oriented business shall be surrounded by a perimeter buffer of at least 50 feet in width with plantings, fence, or other physical divider along the outside of the perimeter sufficient to impede the view of the interior of the premises in which the business is located. This subsection shall not apply to a sexually oriented business already lawfully operating on the effective date of this chapter.
(2)
No sexually oriented business shall display more than two exterior signs, consisting of one identification sign and one sign giving notice that the premises are off limits to minors. The identification sign shall be no more than 20 square feet in size.
E.
Prohibition against commercial display of obscene materials or acts. A person is in violation of this chapter if he knowingly conducts or maintains any premises, place, or resort as a place where obscene materials, as defined in N.J.S.A. 2C:34-2 and N.J.S.A. 2C:34-3, are sold, photographed, manufactured, exhibited, or otherwise prepared or shown in violation of N.J.S.A. 2C:34-2, N.J.S.A. 2C:34-3 and N.J.S.A. 2C:34-4.
F.
Enforcement.
§ 142-49 Affordable housing.
This section of the Haddon Township Zoning Ordinance sets forth regulations regarding low- and moderate-income housing units in Haddon Township that are consistent with the provisions of N.J.A.C. 5:93 et seq. as effective on June 6, 1994. These rules are pursuant to the Fair Housing Act of 1985 and the Township of Haddon's constitutional obligation to provide for its fair share of low- and moderate-income housing.
A.
The Township of Haddon's new construction or inclusionary component will be divided between low- and moderate-income households as per N.J.A.C. 5:93-2.20.
B.
Except for inclusionary developments constructed pursuant to low tax credit regulations:
(1)
At least 1/2 of all units within each inclusionary development will be affordable to low-income households;
(2)
At least 1/2 of all rental units will be affordable to low-income households; and
(3)
At least 1/3 of all units in each bedroom distribution pursuant to N.J.A.C. 5:93-7.3 will be affordable to low-income households.
C.
Inclusionary developments that are not restricted to senior citizens will be structured in conjunction with realistic market demands so that:
(1)
The combination of efficiency and one-bedroom units is no greater than 20% of the total low- and moderate-income units;
(2)
At least 30% of all low- and moderate-income units are two-bedroom units;
(3)
At least 20% of all low- and moderate-income units are three-bedroom units; and
(4)
Low- and moderate-income units restricted to senior citizens may utilize a modified bedroom distribution. At a minimum, the number of bedrooms will equal the number of senior citizen low- and moderate-income units within the inclusionary development.
D.
In conjunction with realistic market information, the following criteria will be used in determining maximum rents and sale prices:
(1)
Efficiency units will be affordable to one person households;
(2)
One-bedroom units will be affordable to 1.5 person households;
(3)
Two-bedroom units will be affordable to three person households;
(4)
Three-bedroom units will be affordable to 4.5 person households;
(5)
Median income by household size will be established by a regional weighted average of the uncapped Section 8 income limits published by HUD as per N.J.A.C. 5:93-7.4(b);
(6)
The maximum average rent and price of low- and moderate-income units within each inclusionary development will be affordable to households earning 57.5% of median income;
(7)
Moderate-income sales units will be available at different prices as will low-income sales units;
(8)
For both owner-occupied and rental units, the low- and moderate-income units will utilize the same heating source as market units within an inclusionary development;
(9)
Low-income units will be reserved for households with a gross household income less than or equal to 50% of the median income approved by COAH; moderate-income units will be reserved for households with a gross household income less than 80% of the median income approved by COAH as per N.J.A.C. 5:93-9.15 and 9.16; and
(10)
The regulations outlined in N.J.A.C. 5:93-9.15 and 9.16 will be applicable for purchased and rental units.
E.
For rental units, developers and/or municipal sponsors may:
(1)
Establish one rent for a low-income unit and one for a moderate-income unit for each bedroom distribution; and
(2)
Gross rents, including an allowance for tenant paid utilities, will be established so as not to exceed 30% of the gross monthly income of the appropriate household size as per N.J.A.C. 5:93-7(a). The tenant-paid utility allowance will be consistent with the utility allowance approved by HUD for use in New Jersey.
F.
For sale units:
(1)
The initial price of a low- and moderate-income owner-occupied single-family housing unit will be established so that after a down payment of 5%, the monthly principal, interest, homeowner and private mortgage insurance, property taxes (based on the restricted value of the low- and moderate-income unit) and condominium or homeowner fee do not exceed 28% of the eligible gross monthly income.
(2)
Master deeds of inclusionary developments will regulate condominium or homeowner association fees or special assessments of low- and moderate-income purchasers at a percentage of those paid by market purchasers, where percentage is consistent with the requirement of N.J.A.C. 5:93-7.4(e). Once established within the master deed the percentage will not be amended without prior approval from COAH.
(3)
The Township of Haddon will follow the general provisions concerning uniform deed restriction liens and enforcement through certificates of occupancy or reoccupancy on sale units as per N.J.A.C. 5:93-9.3.
(4)
The Township of Haddon will require a certificate of reoccupancy for any occupancy of a low- or moderate-income sales unit resulting from a resale as per N.J.A.C. 5:93-9.3(c).
(5)
Municipal, state, nonprofit and seller options regarding sale units will be consistent with N.J.A.C. 5:93-9.5 through 9.8. Municipal rejection of repayment options for sale units will be consistent with N.J.A.C. 5:93-9.9.
(6)
The continued application of options to create, rehabilitate or maintain low- and moderate-income sale units will be consistent with N.J.A.C. 5:93-9.10.
(7)
Eligible capital improvements prior to the expiration of controls on sale units will be consistent with N.J.A.C. 5:93-9.11.
(8)
The regulations detailed in N.J.A.C. 5:93-9.12 through 9.14 will be applicable to low- and moderate-income units that are for sale units.
G.
In zoning for inclusionary developments the following is required:
(1)
Low- and moderate-income units will be built in accordance with N.J.A.C. 5:93-5.6(d):
Minimum Percent of Low/Moderate Income Units Complete | Percent of Market Housing Units Completed | ||
|---|---|---|---|
0 | 25 | ||
10 | 25 (+ 1 unit) | ||
50 | 50 | ||
75 | 75 | ||
100 | 90 | ||
100 |
(2)
A design of inclusionary developments that integrates low- and moderate-income units with market units is encouraged as per N.J.A.C. 5:93-5.6(e).
H.
A development fee section of this chapter has been included in § 142-50 and shall also be submitted to COAH for approval.
I.
To provide assurances that low- and moderate-income units are created with controls of affordability over time and that low- and moderate-income households occupy these units, the Township of Haddon will designate an administrative agency or municipal authority as the Administrator with the responsibility of ensuring the affordability of sales and rental units over responsible for those activities detailed in N.J.A.C. 5:93-9.1(a).
(1)
In addition, the Administrator will be responsible for utilizing the verification and certification procedures outlined in N.J.A.C. 5:93-9.1(b) in placing households in low- and moderate-income units.
(2)
Newly constructed low- and moderate-income sales units will remain affordable to low- and moderate-income households for at least 30 years. The Administrator will require all conveyances of newly constructed units to contain the deed restriction and mortgage lien adopted by the COAH and referred to as Technical Appendix E as found in N.J.A.C. 5:93.
(3)
Housing units created through the conversion of a nonresidential structure will be considered a new housing unit and will be subject to thirty-year controls on affordability. The Administrator will require COAH's appropriate deed restriction and mortgage lien.
J.
Regarding rehabilitation units:
(1)
Rehabilitated owner-occupied single-family housing units that are improved to code standard will be subject to affordability controls for at least six years; and
(2)
Rehabilitated renter-occupied housing units that are improved to code standard will be subject to affordability controls for at least 10 years.
K.
Regarding rental units:
(1)
Newly constructed low- and moderate-income rental units will remain affordable to low- and moderate-income households for at least 30 years. The Administrator will require the deed restriction and lien and deed of easement referred to as Technical Appendix H as found in N.J.A.C. 5:93;
(2)
Affordability controls in accessory apartments will be for a period of at least 10 years, except if the apartment is to receive a rental bonus credit pursuant to N.J.A.C. 5:93-5.13, then the controls on affordability will extend for 30 years; and
(3)
Alternative living arrangements will be controlled in a manner suitable to COAH that provides assurances that such a facility will house low- and moderate-income households for at least 10 years, except if the alternative living arrangement is to receive a rental bonus credit pursuant to N.J.A.C. 5:93-5.13, then the controls on affordability will extend for 30 years.
L.
The Township of Haddon has a current fair share obligation of 104 units of which 36 is new construction, with eight units remaining in order to satisfy this obligation. This chapter will apply to all developments that contain proposed low- and moderate-income units.
(1)
The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups regardless of sex, age or number of children to housing units which are being marketed by a developer/sponsor, municipality and/or designated administrative agency of affordable housing. The plan will address the requirements of N.J.A.C. 5:93-11. In addition, the plan prohibits discrimination in the sale, rental, financing or other services related to housing on the basis of race, color, sex, religion, handicap, age, familial status/size or national origin. The Township of Haddon is in the housing region consisting of Burlington, Camden and Gloucester Counties. The affirmative marketing program is a continuing program and will meet the following requirements:
(a)
All newspaper articles, announcements and requests for applications for low- and moderate-income units will appear in The Courier Post, a daily regional newspaper/publication, in order to attract sufficient applicants.
(2)
The primary marketing will take the form of at least one press release sent to the above publication and a paid display advertisement therein. Additional advertising and publicity will be on an as-needed basis.
(3)
The advertisement will include a description of the:
(4)
All newspaper articles, announcements and requests for applications for low- and moderate-income housing will also appear in neighborhood-oriented weekly newspapers, religious publications and organizational newsletters within the region.
(5)
Regional radio and/or cable television station(s) will also be used.
(6)
The following is the location of applications, brochure(s), sign(s) and/or poster(s) used as part of the affirmative marketing program, including specific employment centers within the region.
(7)
Community contact person(s) and/or organization(s) in relevant counties will also aid in the affirmative marketing program with particular emphasis on contacts that will reach out to groups that are least likely to apply for housing within the region.
(8)
Quarterly flyers and applications will be sent to the Board of Realtors in the relevant counties for publication in their journals and for circulation among their members.
(9)
Applications will be mailed to prospective applicants upon request.
(10)
Additionally, quarterly informational circular and applications will be sent to the chief administrative employees of the various boards and agencies in the relevant counties.
(11)
A random selection method will be used to select occupants of low- and moderate-income housing.
(12)
The Township will designate an Agency/Administrator to administer the affirmative marketing program. The Agency has the responsibility to income qualify low- and moderate-income households; to place income-eligible households in low- and moderate-income units upon initial occupancy; to provide for the initial occupancy of low- and moderate-income units with income qualified households; to continue to qualify households for reoccupancy of units as they become vacant during the period of affordability controls; to assist with advertising and outreach to low- and moderate-income households; and to enforce the terms of the deed restriction and mortgage loan as per N.J.A.C. 5:93-9.1. The Administrator within the Township of Haddon is the designated housing officer to act as liaison to the Agency. The Agency will provide counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements and landlord/tenant law.
(13)
Households who live or work in the COAH-established housing region may be given preference for sales and rental units constructed within that housing region. Applicants living outside the housing region will have an equal opportunity for units after regional applicants have been initially serviced. The Township intends to comply with N.J.A.C. 5:93-11.7.
(14)
All developers of low- and moderate-income housing units will be required to assist in the marketing of the affordable units in their respective developments.
(15)
The marketing program will commence at least 120 days before the issuance of either temporary or permanent certificates of occupancy. The marketing program will continue until all low- and moderate-income housing units are initially occupied and for as long as affordable units are deed restricted and occupancy or reoccupancy of units continues to be necessary.
(16)
The Agency will comply with monitoring and reporting requirements as per N.J.A.C. 5:93-11.6 and 12.1.
M.
The Township of Haddon has undertaken a rehabilitation program to rehabilitate substandard housing units occupied by low- and moderate-income households. The Township of Haddon has designated an Administrator/Agency to administer the rehabilitation program. The Administrator/Agency will prepare a marketing plan for the rehabilitation program. The rehabilitation program will be consistent with N.J.A.C. 5:93-5.2(b) through 5.2(1).
N.
The following sites have been designated to meet the Township of Haddon's inclusionary component outlined in the housing element and fair share plan which was adopted by the Planning Board: all properties located in the R-1AH Zone.
§ 142-50 Housing development fee.
[Amended 9-27-2011 by Ord. No. 1277[1]]
A.
Purpose.
(1)
In Holmdel Builder's Association v. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985 ("the Act"), N.J.S.A. 52:27d-301 et seq., and the State Constitution, subject to the Council on Affordable Housing's (COAH) adoption of rules.
(2)
Pursuant to P.L. 2008, c. 46, Section 8 (N.J.S.A. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 40:55D-8.7), COAH is authorized to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring and enforcement of municipal affordable housing trust funds and corresponding spending plans. Municipalities that are under the jurisdiction of the Council or court of competent jurisdiction and have a Court-approved spending plan may retain fees collected from nonresidential development.
[Amended 9-28-2021 by Ord. No. 1423]
(3)
This section establishes standards for the collection, maintenance, and expenditure of development fees pursuant to COAH’s regulations and in accordance with P.L. 2008, c. 46, Sections 8 and 32 through 38 and the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 40:55D-8.7). Fees collected pursuant to this Ssection shall be used for the sole purpose of providing very-low-, low- and moderate-income housing in accordance with a Court-approved spending plan. This section shall be interpreted within the framework of COAH’s rules on development fees, codified at N.J.A.C. 5:97-8.
[Amended 9-28-2021 by Ord. No. 1423]
B.
Basic requirements.
[Amended 9-28-2021 by Ord. No. 1423]
(1)
COAH had previously approved the Township’s development fee ordinance, which ordinance established the Township’s Affordable Housing Trust Fund. The Township’s development fee ordinance remains effective and is amended herein pursuant to the Superior Court’s jurisdiction in accordance with N.J.A.C. 5:93-8.
(2)
Haddon Township shall not spend development fees until the Court has approved a plan for spending such fees in conformance with N.J.A.C. 5:93-8.
C. AFFORDABLE HOUSING DEVELOPMENT COAH or "THE COUNCIL" DEVELOPER DEVELOPMENT FEE EQUALIZED ASSESSED VALUE GREEN BUILDING STRATEGIES
Definitions. The following terms, as used in this chapter, shall have the following meanings:
A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project, or a one-hundred-percent affordable development.
The New Jersey Council on Affordable Housing established under the Act which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the state.
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.
The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with Sections 1, 5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
Those strategies that minimize the impact of development on the environment and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.
D.
Residential development fees.
(1)
Imposed fees.
(a)
Within all zoning district(s), residential developers, except for developers of the types of development specifically exempted below, shall pay a fee of 1.5% of the equalized assessed value for residential development provided that no increased density is permitted. Development fees shall also be imposed and collected when an additional dwelling unit is added to an existing residential structure; in such cases, the fee shall be calculated based on the increase in the equalized assessed value of the property due to the additional dwelling unit.
[Amended 9-28-2021 by Ord. No. 1423]
(b)
When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a "d" variance) has been permitted, developers may be required to pay a development fee of 6% of the equalized assessed value for each additional unit that may be realized. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.
(c)
Example. If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal 1.5% of the equalized assessed value on the first two units; and the specified higher percentage up to 6% of the equalized assessed value for the two additional units, provided that zoning on the site has not changed during the two-year period preceding the filing of such a variance application.
(2)
Eligible exactions, ineligible exactions and exemptions for residential development.
(a)
Affordable housing developments, developments where the developer is providing for the construction of affordable units elsewhere in the municipality, and developments where the developer has made a payment in lieu of on-site construction of affordable units, or where specifically exempted in a redevelopment agreement or other agreement with the Township of Haddon, shall be exempt from development fees.
[Amended 9-28-2021 by Ord. No. 1423]
(b)
Developments that have received preliminary or final site plan approval prior to the adoption of a municipal development fee ordinance shall be exempt from development fees, unless the developer seeks a substantial change in the approval. Where a site plan approval does not apply, a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for this purpose. The fee percentage shall be vested on the date that the building permit is issued.
(c)
Owner-occupied residential structures demolished and replaced as a result of a fire, flood, or natural disaster shall be exempt from paying a development fee.
(d)
Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use (i.e., results in more residential units than currently exist on the site), is demolished and replaced, or is expanded, if the expansion is not otherwise exempt from the development fee requirement. The development fee shall be calculated on the increase in the equalized assessed value of the improved structure.
[Amended 9-28-2021 by Ord. No. 1423]
E.
Nonresidential development fees.
(1)
Imposed fees.
(a)
Within all zoning districts, nonresidential developers, except for developers of the types of development specifically exempted, shall pay a fee equal to 2.5% of the equalized assessed value of the land and improvements, for all new nonresidential construction on an unimproved lot or lots.
(b)
Nonresidential developers, except for developers of the types of development specifically exempted, shall also pay a fee equal to 2.5% of the increase in equalized assessed value resulting from any additions to existing structures to be used for nonresidential purposes.
(c)
Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2.5% shall be calculated on the difference between the equalized assessed value of the preexisting land and improvement and the equalized assessed value of the newly improved structure, i.e., land and improvement, at the time a final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the nonresidential development fee shall be zero.
[Amended 9-28-2021 by Ord. No. 1423]
(2)
Eligible exactions, ineligible exactions and exemptions for nonresidential development.
(a)
The nonresidential portion of a mixed-use inclusionary or market rate development shall be subject to the development fee of 2.5%, unless otherwise exempted below.
(b)
The fee of 2.5% shall not apply to an increase in equalized assessed value resulting from alterations, change in use within existing footprint, reconstruction, renovations and repairs.
(c)
Nonresidential developments shall be exempt from the payment of nonresidential development fees in accordance with the exemptions required pursuant to P.L. 2008, c. 46, the Statewide Non-residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 40:55D-8.7), as specified in Form N-RDF, State of New Jersey nonresidential development certification/ exemption form. Any exemption claimed by a developer shall be substantiated by that developer.
[Amended 9-28-2021 by Ord. No. 1423]
(d)
A developer of a nonresidential development exempted from the nonresidential development fee, pursuant to the Statewide Non-residential Development Fee Act, shall be subject to it at such time as the basis for the exemption no longer applies and shall make the payment of the nonresidential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the nonresidential development, whichever is later.
[Amended 9-28-2021 by Ord. No. 1423]
(e)
If a property which was exempted from the collection of a nonresidential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid nonresidential development fees under these circumstances may be enforceable by the Township as a lien against the real property of the owner.
F.
Collection procedures.
(1)
Upon the granting of a preliminary, final or other applicable approval, for a development, the applicable approving authority shall direct its staff to notify the construction official responsible for the issuance of a building permit.
(2)
For nonresidential developments only, the developer shall also be provided with a copy of Form N-RDF, State of New Jersey nonresidential development certification/exemption, to be completed by the developer as per the instructions provided. The construction official shall verify the information submitted by the nonresidential developer as per the instructions provided in the Form N-RDF. The Tax Assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.
[Amended 9-28-2021 by Ord. No. 1423]
(3)
The construction official responsible for the issuance of a building permit shall notify the local tax assessor of the issuance of the first building permit for a development which is subject to a development fee.
(4)
Within 90 days of receipt of that notice, the Municipal Tax Assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.
(5)
The construction official responsible for the issuance of a final certificate of occupancy notifies the local assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee.
(6)
Within 10 business days of a request for the scheduling of a final inspection, the Municipal Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements of the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.
(7)
Should Haddon Township fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b of Section 37 of P.L. 2008, c. 46 (N.J.S.A. 40:55D-8.6).
(8)
Fifty percent of the development fee shall be collected at the time of issuance of the building permit. The remaining portion shall be collected at the issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at building permit and that determined at issuance of certificate of occupancy.
(9)
Appeal of development fees.
[Amended 9-28-2021 by Ord. No. 1423]
(a)
A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest-bearing escrow account by Haddon Township. Appeals from a determination of the Board may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
(b)
A developer may challenge nonresidential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest-bearing escrow account by Haddon Township. Appeals from a determination of the Director may be made to the Tax Court in accordance with the provisions of the State Uniform Tax Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
G.
Affordable Housing Trust Fund.
(1)
A separate, interest-bearing Affordable Housing Trust Fund has previously been established and shall continue to be maintained by the Chief Financial Officer for the purpose of depositing development fees collected from residential and nonresidential developers and proceeds from the sale of units with extinguished controls.
[Amended 9-28-2021 by Ord. No. 1423]
(2)
The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:
(a)
Payments in lieu of on-site construction of affordable units;
(b)
Developer-contributed funds to make 10% of the adaptable entrances in a townhouse or other multistory attached development accessible;
(c)
Rental income from municipally operated units;
(d)
Repayments from affordable housing program loans;
(e)
Recapture funds;
(f)
Proceeds from the sale of affordable units; and
(g)
Any other funds collected in connection with Haddon Township's affordable housing program.
(3)
All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by the Court.
[Amended 9-28-2021 by Ord. No. 1423[2]]
[2]
Editor's Note: This ordinance also repealed former Subsection G(3), regarding three-party escrow agreement, and redesignated former Subsection G(4) as G(3).
(4)
In the event of a failure by the Township of Haddon to comply with trust fund monitoring and reporting requirements or to submit accurate monitoring reports; or a failure to comply with the conditions of the judgment of compliance or a revocation of the judgment of compliance; or a failure to implement the approved spending plan and to expend funds within the applicable required time period as set forth in In re Tp. of Monroe, 442 NJ Super. 565 (Law Div. 2015) (aff'd 442 NJ Super. 563); or the expenditure of funds on activities not approved by the Court; or for other good cause demonstrating the unapproved use(s) of funds, the Court may authorize the State of New Jersey, Department of Community Affairs, Division of Local Government Services (NJLGS), to direct the manner in which the funds in the Affordable Housing Trust Fund shall be expended, provided that all such funds shall, to the extent practicable, be utilized for affordable housing programs within the Township of Haddon, or, if not practicable, then within the county or the housing region.
[Added 9-28-2021 by Ord. No. 1423]
(5)
Any party may bring a motion before the Superior Court presenting evidence of such condition(s), and the Court may, after considering the evidence and providing the Township a reasonable opportunity to respond and/or to remedy the noncompliant condition(s), and upon a finding of continuing and deliberate noncompliance, determine to authorize NJLGS to direct the expenditure of funds in the trust fund or impose such other remedies as may be reasonable and appropriate to the circumstances.
[Added 9-28-2021 by Ord. No. 1423]
H.
Use of funds.
(1)
The expenditure of all funds shall conform to a spending plan approved by the Court. Funds deposited in the Housing Trust Fund may be used for any activity approved by the Court to address the Haddon Township’s fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to, preservation or purchase of housing for the purpose of maintaining or implementing affordability controls, rehabilitation, new construction of affordable housing units and related costs, accessory apartment, market-to-affordable, or regional housing partnership programs, conversion of existing nonresidential buildings to create new affordable units, green building strategies designed to be cost-saving and in accordance with accepted national or state standards, purchase of land for affordable housing, improvement of land to be used for affordable housing, extensions or improvements of roads and infrastructure to affordable housing sites, financial assistance designed to increase affordability, administration necessary for implementation of the Housing Element and Fair Share Plan, or any other activity as permitted pursuant to N.J.A.C. 5:93 and Court-upheld mechanisms in N.J.A.C. 5:97 and specified in the approved spending plan.
[Amended 9-28-2021 by Ord. No. 1423]
(2)
Funds shall not be expended to reimburse Haddon Township for past housing activities.
(3)
At least 30% of all development fees collected and interest earned shall be used to provide affordability assistance to low- and moderate-income households in affordable units included in the Municipal Fair Share Plan. One-third of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning 30% or less of median income by region.
(a)
Affordability assistance programs may include down payment assistance, security deposit assistance, low-interest loans, rental assistance, assistance with homeowners' association or condominium fees and special assessments, and assistance with emergency repairs. The specific programs to be used for affordability assistance shall be identified and described within the spending plan.
[Amended 9-28-2021 by Ord. No. 1423]
(b)
Affordability assistance to households earning 30% or less of median income may include producing very-low-income units or buying down the cost of low- or moderate-income units in the Municipal Fair Share Plan to make them affordable to households earning 30% or less of median income. The specific programs to be used for very-low-income affordability assistance shall be identified and described within the spending plan.
[Amended 9-28-2021 by Ord. No. 1423]
(c)
Payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.
(4)
Haddon Township may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:96-18.
(5)
No more than 20% of all revenues collected from development fees may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan, and/or an affirmative marketing program. In the case of a rehabilitation program, no more than 20% of the revenues collected from development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with the monitoring requirements spelled out in Subsection I, below. Legal or other fees related to litigation opposing affordable housing sites or objecting to the Council’s regulations and/or action to appealing a judgment from the Court are not eligible uses of the Affordable Housing Trust Fund.
[Amended 9-28-2021 by Ord. No. 1423]
I.
Monitoring. Beginning on the first anniversary of the execution of the settlement agreement between the Township of Haddon and FSHC, which execution date is August 20, 2020, and on every anniversary thereafter through the end of the agreement, the Township will provide annual reporting of its Affordable Housing Trust Fund activity to the New Jersey Department of Community Affairs (NJDCA), Council on Affordable Housing (COAH), or Local Government Services (NJLGS), or other entity designated by the State of New Jersey, with a copy provided to FSHC and posted on the municipal website, using forms developed for this purpose by the NJDCA, COAH, or NJLGS. The reporting shall include an accounting of all Affordable Housing Trust Fund activity, including the source and amount of funds collected and the amount and purpose for which any funds have been expended.
[Amended 9-28-2021 by Ord. No. 1423]
J.
Ongoing collection of fees. The ability for Haddon Township to impose, collect and expend development fees shall expire with its judgment of compliance unless Haddon Township has filed an adopted Housing Element and Fair Share Plan with the Superior Court, has filed for declaratory judgment in Superior Court, and has received Court approval of its development fee ordinance. If Haddon Township fails to renew its ability to impose and collect development fees prior to the expiration of judgment of compliance, it may be subject to forfeiture of any or all funds remaining within its municipal trust fund. Any funds so forfeited shall be deposited into the New Jersey Affordable Housing Trust Fund established pursuant to Section 20 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-320). Haddon Township shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its substantive certification or judgment of compliance, nor shall Haddon Township retroactively impose a development fee on such a development. Haddon Township shall not expend development fees after the expiration of its substantive certification or judgment of compliance.
[Amended 9-28-2021 by Ord. No. 1423]
[1]
Editor's Note: Article II of this ordinance, Nonresidential Fee Provisions, provided that this ordinance and the provisions set forth in Article I above are being adopted in accordance with Section 8 of P.L. 2008, c. 46 [N.J.S.A. 52:27D-329.2(a)] and the policies, procedures and requirements of the New Jersey Council on Affordable Housing (COAH). The model ordinance promulgated by COAH includes provisions for the assessment and collection of nonresidential development fees. Notwithstanding the inclusion of such provisions as required by COAH, the Township notes and acknowledges that there have been recent legislative enactments impacting upon the collection of nonresidential development fees. The Township shall continue to abide by the applicable law concerning the collection of nonresidential development fees.