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Independence Township
City Zoning Code

ARTICLE XII

Zoning

§ 255-81 Enumeration of zones.

[Amended 10-5-1987 by Ord. No. 87-18; 12-11-1990 by Ord. No. 90-14[1]; 7-29-1991; 10-14-1997 by Ord. No. 97-12; 10-13-1998 by Ord. No. 98-6; 11-10-1998 by Ord. No. 98-4; 6-16-2003 by Ord. No. 03-9]
For the purpose of this chapter, the Township is hereby divided into the following types of zones, differentiated according to use and area regulation, to be known and designated as:
AR10
Agricultural-Residential Zone
R-1
Residential Zone
R-2
Residential Zone
R-1/2
Residential Zone
R-3
Residential Zone
R-4
Residential Zone
PRD-SC
Planned Residential Development — Senior Citizen
PRD-4
Planned Residential Development (Four Units Per Acre) Zone
PRD-1H
Planned Residential Development Inclusionary Housing Zone
PSCRD
Planned Senior Citizen Residential Development Zone
RM
Residential Multiple-Dwelling Zone
B
Business Zone
COM/PROF
Commercial/Professional Zone
IL
Industrial Light Zone
I
Industrial Zone
O/IL
Office/Light Industrial Zone
B/IL/WT
Business/Light Industrial — Warehousing Terminal Zone
OR
Office Research Zone
[1]
Editor's Note: The provisions of this ordinance supersede those of the former PRD-5 Planned Residential Development (Five Units Per Acre) Zone, added 12-30-1985 by Ord. No. 85-6.

§ 255-82 Zoning Map; boundaries.

A. 
The boundaries of the zone districts are hereby established as shown on the map entitled "Zone District Map of Independence Township, Warren County, New Jersey," dated 2003, subtitled "Zone District — A," which map accompanies and is hereby declared to be a part of this chapter.[1]
[Amended 6-16-2003 by Ord. No. 03-9]
[1]
Editor's Note: The Zoning Map is included in the pocket part at the end of this volume.
B. 
Interpretation of zoning boundaries. Where uncertainty exists as to any of said boundaries as shown on said map, the following rules shall apply:
(1) 
Zone boundary lines are intended to follow the center line of the streets, railroads, rights-of-way, streams and lot or property lines as they exist on plats of record at the time of the passage of this chapter, where practicable, unless such zone boundary lines are fixed by dimensions as shown on the Zoning Map.
(2) 
Where such boundaries are not fixed by dimensions and where they approximately follow lot lines, and where they do not scale more than 10 feet distance therefrom, such lot lines shall be construed to be such boundaries unless specifically shown otherwise.
(3) 
In unsubdivided land and where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions shown on the map, shall be determined by the use of the scale appearing thereon.

§ 255-83 Conformance required.

A. 
Use regulations. Except as herein provided, no building or structure or part thereof and no lot or land or part thereof shall hereafter be used or occupied except in conformity, as stated below, with the uses specified as permitted principal uses, permitted accessory uses or conditional uses in each of the various zones by Article XII, zone regulations, of this chapter.
(1) 
Permitted principal uses are permitted by right upon proper application to the Zoning Officer, provided that said use is a use in conformance with the requirements of this chapter in the zone district in which the lot is located and, for uses so requiring, subject to the review and approval of a site plan pursuant to this chapter, where required.
(2) 
Accessory uses are permitted upon proper application to and approval by the Zoning Officer. The Zoning Officer shall rely upon the following rules for determining the right of the applicant to establish the proposed accessory use:
(a) 
The proposed accessory use shall be customarily associated with or provided with the permitted primary use existing on the lot.
(b) 
The extent, size and intensity of such proposed accessory use shall be in keeping with the scale, nature and characteristics of the permitted primary use on the lot.
(c) 
Furthermore, any proposed accessory use or structure which is contrary to the intent of the zone district in which the lot is located shall be prohibited.
(3) 
Conditional uses. It is hereby recognized that innovations in and changes in the technology of land development can be beneficial to the future well-being of the Township, but that such benefits are unlikely to be realized through the uniform treatment of area, yard and building requirements on a lot-by-lot basis, and it is also recognized that certain uses are necessary to serve the needs and convenience of the Township, but which uses may or become inimical to the public health, safety and general welfare by reason of their inherent nature and/or operation and, therefore, require special and proper consideration of existing and probable future conditions and characteristics of the surrounding area. Such uses are hereby declared to be conditional uses and may be permitted in the zones where specified upon application to and approval by the proper municipal agency and subject to the special regulations of this chapter governing the procedures for considering conditional uses, all other applicable regulations of this chapter and such other conditions and requirements as may be stipulated in the approval of the conditional use.
B. 
Area regulations. Except as herein provided, no building or structure or part thereof shall hereafter be erected and no existing building or structure shall be moved, structurally altered, enlarged or rebuilt except in conformity with the requirements as set forth by the Schedule of Limitations and the requirements of all other applicable regulations of this chapter.

§ 255-84 Schedule of Limitations.

The included Schedule of Limitations is made a part of this article.[1]
[1]
Editor's Note: The Schedule of Limitations is included at the end of this chapter.

§ 255-85 Nonconforming uses, structures and lots.

A. 
Continuance. Except as otherwise provided herein, lawful structures or lawful uses existing on the effective date of this chapter or a subsequent amendment thereto may be continued even though such structure or uses do not comply with the regulations specified by this chapter or the amendment thereto for the zone in which such structure or use is located; provided, however that:
(1) 
A nonconforming structure shall not be altered unless such alteration would tend to reduce the degree of nonconformance.
(2) 
A nonconforming use shall not be expanded or changed to another nonconforming use.
B. 
Abandonment. A nonconforming use that has been abandoned shall not thereafter be reinstated. A nonconforming use shall be adjudged to have been abandoned:
(1) 
When it is changed to a conforming use.
(2) 
In cases where such nonconforming use is a building or structure designed for such use, when it has been voluntarily discontinued for a period of 24 consecutive months.
(3) 
In cases where such nonconforming use is of a building or structure not designed for such use or is of a lot or land whereon there is no consequential building or structure devoted to such use, when it has been voluntarily discontinued for a period of 12 consecutive months.
C. 
Restoration.
[Amended 6-23-2008 by Ord. No. 2008-09]
(1) 
If a nonconforming structure or use is partially destroyed by any cause whatsoever to an extent of 50% or more, it shall not be rebuilt or reestablished except in conformity with the regulations of the zone in which it is located, unless site plan approval is first. For purposes of determining extent of destruction, basements and cellars shall be excluded.
(2) 
If a nonconforming structure as defined herein is either partially or totally destroyed by any cause whatsoever, it may be rebuilt or reestablished in accordance with the size, dimension or location of which was lawful prior to the adoption, revision or amendment of any land development regulations without the necessity of receiving any variance relief therefor, provided that the reconstruction or reestablishment occurs on the foundation or footprint which existed at the time of the destruction.
D. 
Waiver. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any wall, floor or roof which has been declared unsafe by the Building Inspector or other competent legal authority having jurisdiction. A nonconforming structure may be repaired or refurbished but not enlarged or extended.
E. 
Unlawful uses. No unlawful structure or unlawful use of a building or structure, lot or land existing at the effective date of this chapter shall be deemed to be a nonconforming structure or use.
F. 
Nonconforming lots.
(1) 
Any parcel of land with an area or width less than prescribed for in the zone in which such lot is located, which parcel was under one ownership prior to the date of this chapter, may be used as a lot for any purpose permitted in the zone, provided that the minimum area requirements for such lot shall be 15,000 square feet of lot size, and said lot complies with the minimum requirements as to setback, side line and rear yard as same applied to said parcel of land as set forth in the schedule of limitations to the Land Development Ordinance which existed immediately prior to the enactment of this chapter. This subsection shall not apply to any parcel of land that was not lawfully subdivided or lawfully in existence prior to the effective date of this chapter.
(2) 
Legal, nonconforming lots located within the R-Residential Districts shall be permitted to be developed with a single-family dwelling and permitted additions all in accordance with 255 Attachment 1:1 Schedule of Limitations.
[Added 5-9-2017 by Ord. No. 2017-04]
(a) 
Existing lots less than one acre: use Zone R-1/2.
(b) 
Existing lots one acre to less than two acres: use Zone R-1.
(c) 
Existing lots two acres to less than three acres: use Zone R-2.
(d) 
Existing lots three acres to less than four acres: use Zone R-3.

§ 255-86 Preservation of natural features.

A. 
Existing natural features, such as trees, brooks, drainage channels and views, shall be retained. Whenever such features interfere with the proposed use of such property, a retention of the maximum amount of such features consistent with the use of the property shall be required.
B. 
Streams and streambeds. No structure shall be built on a lot any side of which fronts on a natural watercourse unless a permit or certificate of exemption has been issued by the New Jersey Department of Environmental Protection or its successor agency as required by the Floodplain Act (N.J.S.A. 58:16A-50 et seq.).
[Amended 2-13-2007 by Ord. No. 2007-01]
C. 
Topsoil. No person, firm or corporation shall strip, excavate or otherwise remove topsoil for other than reuse on the same lot except as permitted in other ordinances.

§ 255-87 Critical areas.

[Added 6-8-87 by Ord. No. 87-11; amended 12-11-1989 by Ord. No. 89-27]
A. 
Identification of critical areas. Land or water falling in the following classifications are to be considered critical areas:
(1) 
Flood hazard and wetlands.
(a) 
Flood hazard areas. The stream or river channel and the predominately level area abutting the channel of a watercourse which has been inundated or covered by floodwater, including, but without limitation, all areas composed of soils designated as having extreme flood hazard potential as shown by the soil survey and any areas within the one-hundred-year flood line as shown on the latest map designating flood hazard areas within the Township of Independence and prepared by the United States Department of Housing and Urban Development. The flood hazard areas shall not be restricted to only those areas which are designated on said map but shall include any areas which fit within the definition herein and/or which are located on the aforementioned maps.
(b) 
Critical wetlands areas. Marsh, swampland and areas saturated with water, including, but without limitation, all areas composed of soils having a seasonal high-water table at the surface or as delineated by the New Jersey Department of Environmental Protection regulations.
(c) 
Transitional wetlands areas. All areas composed of soils having a seasonal high-water table 1.5 feet or less below the surface or as defined by New Jersey Department of Environmental Protection regulations for buffer or transitional wetlands.
(d) 
Stream area. Any body of continuously or intermittently flowing water whether designated as a stream, brook, river or otherwise and consisting of a bed and banks.
(e) 
Pond or lake area. Any nonflowing body of water with a mean depth of four feet and a surface area greater than one acre, including any such areas created for retention or detention purposes.
(2) 
Slope areas.
(a) 
Critical slopes area. Any slope having a grade of 30% or greater.
(b) 
Shallow depth to bedrock area. All areas composed of soils having four feet depth to bedrock or less, as indicated by on-site logs.
(c) 
Slopes shall be determined from Township contour maps available through the Clerk's office.
B. 
Regulations for flood hazard and critical wetlands area. Notwithstanding any other provision of the Zoning Ordinance, no building or on-lot sewage disposal facility shall be erected or constructed, either above or below ground level, within any flood hazard area, critical wetlands area or critical slope area in the Township of Independence, except for buildings actively used in connection with the production of agricultural products. Nothing herein contained, however, shall be construed to prohibit the use of any flood hazard area or wetlands area for farming, grazing, plant nurseries, horticulture, truck farming, forestry, wild crop harvesting, parking, open recreation uses, hunting, fishing or the like, provided that such use is permitted in the zone in which the premises are located.
C. 
Application of constraints calculations. All areas which display any of the preceding physical development characteristics will be assigned density adjustment factors in accordance with the following tables. Land without constraints shall have a density adjustment factor of 1.0.
(1) 
Flood hazard wetlands:
Critical Area
Density Adjustment Factor
Flood hazard area
0.0
Critical wetlands area
0.0
Transitional wetlands area
0.5
Stream, pond or lake
0.0
(2) 
Slope areas:
Area Type
Density Adjustment Factor
30% or greater
0.30
25% to 29.99%
0.50
15% to 24.99%
0.80
Shallow depth to bedrock area (Unless serviced by sanitary sewers, then no adjustment factor for shallow depth to bedrock)
0.50
(3) 
Hypothetical application of critical area regulations.
(a) 
Distribution of constraints:
Type of Land
Area
(acres)
30% or greater slope area
23
25% to 29.99% slope area
16
15% to 24.99% slope area
10
Shallow depth to bedrock
7
Stream and flood hazard area
5
Critical wetland area
7
Marginal wetland area
2
Land without constraints
   30   
Tract size
100
(b) 
Application of density adjustment factors:
Type of Land
Area
(acres)
Density Adjustment Factor
Developable Land
(acres)
30% or greater slope area
23
x
0.30
=
6.90
25% to 29.99% slope area
16
x
0.50
=
8.00
15% to 24.99% slope area
10
x
0.80
=
8.00
Shallow depth to bedrock
7
x
0.50
=
3.50
Stream and flood hazard area
5
x
0.00
=
0.00
7
x
0.00
=
0.00
Critical wetland area
2
x
0.50
=
1.00
Land without constraints
30
x
1.00
=
  30.00  
Developable land
57.40
(c) 
"Developable land" shall mean the effective area of the lot in question. Each lot in a development shall contain a developable land area equal to or greater than the minimum lot area for the respective zone, after application of the constraint calculations. The terms of this section shall apply separately to each proposed lot from either a major or minor subdivision.
[Amended 2-13-2007 by Ord. No. 2007-01]
D. 
Regulations for pond and lake area. Notwithstanding any other provisions of this Zoning Ordinance, no building or structure or on-lot sewage facility shall be erected or constructed, whether above or below ground level, within 50 feet of the edge of any pond, lake or stream. Nothing herein contained, however, shall be construed to prohibit the construction and maintenance of dams or other structures for the impoundment or retention of water in any such stream, pond or lake or of dug ponds or reservoirs, provided that all applicable requirements and approvals of any public authority having jurisdiction over such matters are met and obtained. The following shall be permitted uses or activities in lake, pond or stream areas, provided that they do not disturb the natural indigenous character of the areas:
(1) 
Conservation of soil, vegetation, water, fish and wildlife.
(2) 
Fishing, swimming, boating, water skiing, hunting and other like recreational uses.
(3) 
Trails for nonmotorized use.
(4) 
Grazing or farming activities.
E. 
Critical area regulations to take precedence. Within the boundaries of the critical areas, the regulations concerning these critical areas shall take precedence over any conflicting laws, ordinances and codes.
F. 
Maximum lot size. The maximum lot size as required by the application of this chapter shall be no larger than five acres.

§ 255-88 Buffer strips, screening and landscaping.

A. 
Buffer strips. Wherever a buffer strip has been specified by this chapter or as may be required by the Land Use Board or governing body, such buffer strip shall be of the width so specified or required and shall:
[Amended 2-13-2007 by Ord. No. 2007-07]
(1) 
Be landscaped by the planting of grass and/or ground cover, shrubs and trees. Two shrubs and one tree shall be provided for each 500 square feet of area, or fraction thereof, of the buffer strip. If the buffer strip is naturally wooded in its entire width, it shall remain in its natural condition in place of the required shrubs and trees.
(2) 
Not contain parking area or driveways, unless specifically permitted elsewhere in this chapter, or other accessory structures or uses except for decorative purposes or passive recreational purposes.
B. 
Screening. Wherever screening has been specified by this chapter or as may be required by the Land Use Board, such screening, unless otherwise required, shall extend to the lesser of the required minimum front yard setbacks of the lots to be screened and shall, as a minimum, consist of dense hedges or deciduous and at least 50% evergreen shrubbery, planted at 30 inches on center in a single row or at five feet on center in each of two staggered rows, provided that if all evergreens are used, they may be planted at five feet on center in a single row or at 10 feet on center in each of two staggered rows. Plants shall be a minimum of six feet tall at the time of planting or, if the Land Use Board so approves, a solid fence of naturally durable material, such as cedar, cypress or redwood, not less than five feet tall and open to the ground not more than four inches above ground level or a landscaped earth berm not less than five feet in height may be used.
[Amended 2-13-2007 by Ord. No. 2007-07]
C. 
Landscaping. All areas of any lot not occupied by buildings, pavement or other surfacing or otherwise improved or used in accordance with an approved site plan or subdivision shall be landscaped by the planting of grass and/or ground cover, shrubs and trees. The placement of the plant material shall be appropriate to enhancement of the property. Continuous maintenance shall be practiced on all such areas. In all parking for other than single-family detached housing, no less than 5% of any parking area shall be landscaped with plantings. No fewer than one tree for each 10 parking spaces shall be installed.
[Amended 12-28-1989 by Ord. No. 89-28]
D. 
Waiver. Notwithstanding any provision of this chapter, the reviewing board may waive or permit deviations from the strict requirements of this chapter or any other ordinance requiring buffer strips or screening if, in the opinion of the reviewing board, it determines that all or part of the buffer strip or screening requirements are not necessary given the activities proposed by the applicant or the nature of the surrounding uses on adjoining properties.

§ 255-89 Lot uses, restrictions and modifications.

A. 
Only one single-family dwelling unit per lot. No lot shall have erected upon it more than one detached single-family dwelling unit. This subsection shall not apply to permitted multifamily use or planned development, in which case the provisions of this chapter governing multifamily use or planned development shall control if the applicant is seeking approval pursuant to the provisions of those ordinances.
B. 
Provision of yard space. No yard or other open space provided about any structure for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other structure. This subsection shall not apply to permitted multifamily use or planned development, in which case the provisions of this chapter governing multifamily use or planned development shall control if the applicant is seeking approval pursuant to the provisions of those ordinances.
C. 
Required areas to be on lot where required. All yards, open space, off-street parking areas and required buffer strips must be located on the lot upon which the use to be served thereby is located.
D. 
Street frontage required. Primary structures shall be built only upon lots having frontage upon a street improved to meet the Township's requirements.
E. 
Yards affected by Master Plan or Official Map. Where a lot has frontage on a street which the Master Plan or Official Map of the Township indicates is proposed for right-of-way widening, the required yard area shall be measured from the proposed street line.
F. 
In any residential zone, the minimum front yard depth as required by this article may be modified according to the following:
(1) 
Twenty-five percent of the lots within 200 feet are developed with structures.
(2) 
The average front yard of the two nearest buildings within 200 feet shall be the minimum front yard for the proposed structure.
(3) 
In no case shall such front yard have a depth less than 15 feet unless conditions on surrounding lots make this requirement unreasonable.
G. 
Corner lots and through lots.
(1) 
Where a lot has frontage on two intersecting streets or where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages.[1]
[1]
Editor's Note: Former Subsection G(2), dealing with detached accessory uses, was repealed 7-13-1993 by Ord. No. 93-6. See now § 255-89O.
H. 
Attached garages. Nothing contained herein shall prevent the construction of a private garage as a structural part of a main dwelling, provided that when so constructed, the garage walls shall be regarded as the walls of the main dwelling in applying the front, rear and side yard regulations of this chapter.
I. 
Open and unobstructed yards.
(1) 
The space in a required front yard shall be open and unobstructed with structures for vehicles above ground level except for:
(a) 
Steps giving access to a porch or first-floor entry door.
(b) 
Other projections specifically authorized by this chapter.
(2) 
Every part of a required yard shall be open to the sky unobstructed except for accessory buildings, flora or foliage and except for the ordinary projection of sills and belt courses and except for ornamental features projecting not to exceed four inches and cornices and eaves not projecting more than two feet.
J. 
Parking or storage in front yards. Unless otherwise permitted or required by the off-street parking regulations of this chapter, no trailers, campers or boats shall be parked or stored in any required front yard.
[Amended 2-13-2007 by Ord. No. 2007-01]
K. 
Display of goods for sale in yards. The display of goods for sale or the location of coin-operated vending machines of any type in a manner which would infringe upon the required yard areas specified in this chapter is prohibited.
L. 
Corner clearance. On a corner lot, within the triangular area determined as provided in this section, no wall or fence or other structure shall be erected which would obstruct the view to a height in excess of one foot, and no vehicle, object or any other obstruction of a height in excess of one foot shall be parked or placed, and no hedge, shrub or other growth shall be maintained at a height in excess of one foot, except that trees whose branches are trimmed away to a height of at least 10 feet above the curb level shall be permitted. Such triangular area shall be determined by the intersecting street curblines and a diagonal connecting two points, on each street center line; the point on the major (through) street curbline shall be in accordance with the table below from the near side minor (stop) street curbline, and the point on the minor street curbline shall be 30 feet from the near side major street curbline.
Arterial Street Distance Design
Speed
(mph)
Distance
(feet)
30 or less
200
40
275
50
350
M. 
Keeping and raising of horses.
[Added 7-13-1993 by Ord. No. 93-4]
(1) 
On parcels of less than six acres, horses, provided the property is not deed restricted, will be permitted with the following conditions:
(a) 
One and one-half acres will be required for the first horse.
(b) 
Two acres will be required for the keeping of two horses.
(c) 
For each additional acre, one horse will be permitted.
(2) 
For the purpose of this section only, ponies, donkeys or other equine family members shall be considered horses.
(3) 
Nothing herein shall be deemed or construed to prohibit property owners to continue to keep and raise the number of horses currently quartered or raised on parcels owned by them on the effective date of this section and to that extent, the following additional provisions shall apply:
(a) 
A survey shall be taken under the supervision of the Township Committee to determine each property owners' name(s), address and the number of horses currently kept or quartered on each parcel within Independence Township.
(b) 
The number of horses declared in the survey shall be permitted as long as the current owner(s) or that owners' heirs maintain ownership of the parcel.
(c) 
Whenever any parcel is sold, the exemption as herein referred to shall extend to the new owner(s), provided that at least one horse is placed on the property within two years of the date of sale.
(d) 
The parcel as herein referred to shall be defined as a separately existing tax lot as shown on the official records of the Township.
N. 
Fences and walls.
[Added 7-13-1993 by Ord. No. 93-5]
(1) 
Fences and walls shall be subject to the following limitations:
(a) 
No wall or fence shall be erected within five feet of a street right-of-way.
(b) 
Perimeter fences erected in the front yard shall not exceed six feet in height and shall be at least 50% open. Walls, other than retaining walls, erected in the front yard shall not exceed four feet in height. The provisions of this Subsection N(1)(b) shall not apply in the case of a flag lot.
(c) 
Walls or fences erected in the side or rear yards shall not exceed six feet in height.
(d) 
The good side of a fence facade shall face outward.
(2) 
The foregoing regulations shall not apply to fences or walls required by the Land Use Board in connection with site plan approval.
[Amended 2-13-2007 by Ord. No. 2007-07]
(3) 
The foregoing regulations shall not apply to farm-type fences used in connection with agricultural uses, provided that the same do not obstruct vision for purposes of traffic safety.
O. 
Accessory structures and uses. No accessory structure or use shall be constructed, except in conformance with the following:
[Added 7-13-1993 by Ord. No. 93-6]
(1) 
All accessory structures and uses shall be located on the same lot as the principal use they are intended to serve unless otherwise permitted by this chapter.
(2) 
No construction permit shall be issued for any accessory structure or use prior to the issuance of a construction permit for the principal building to be located on the same lot.
(3) 
Accessory structures shall be located to the rear of the front of the principal structure.
(4) 
An accessory structure (building) on a single-family residential parcel shall have a side yard and rear yard setbacks in accordance with the following schedule. An accessory structure in a nonresidential parcel shall meet the side and rear yard requirements of the principal building.
[Added 5-9-2017 by Ord. No. 2017-04; amended 6-13-2017 by Ord. No. 2017-08]
Less than 1 acre to 3 acres
3 to 4 acres
Greater than 4 acres
Side yard
10 feet
30 feet
40 feet
Rear yard
10 feet
30 feet
Note: Pools (above- and in-ground) shall be accessory structures as are any associated decks or patios.
(5) 
Accessory structures shall be at least 10 feet from a principal building and at least six feet from another accessory building. Residential pools and associated decks and patios are exempt from this provision.
[Amended 6-13-2017 by Ord. No. 2017-08]
(6) 
Accessory structures, except those used in connection with agricultural uses as described in § 255-3, shall not exceed the square footage or quantity in accordance with the following schedule:
[Amended 6-13-2017 by Ord. No. 2017-08]
Existing lots less than 1 acre
Lots 1 to 3 acres
Lots 3 to 4 acres
Lots 5 acres or greater
Square footage
500
750
950
Not greater than principal building
Number of buildings
2
2
2
3
Note: Where the accessory buildings are deemed to be ancillary of a farm, Subsection O(6) shall not apply.
(7) 
Storage trailers shall not be permitted as an accessory structure or use in any zone.
(8) 
No accessory structure shall be used as a dwelling.

§ 255-90 Height restrictions and exceptions.

[Amended 7-8-1997 by Ord. No. 97-8]
A. 
Height of principal buildings.
[Amended 2-13-2007 by Ord. No. 2017-07; 6-13-2017 by Ord. No. 2017-08]
(1) 
In a residential zone (except on a farm), no principal building shall exceed 35 feet in height and 2.5 stories with one side being the maximum height of 28 feet from grade to the eave of the maximum height roof.
(2) 
In all zones there shall be established a clear zone at the perimeter of any principal or accessory structure such that emergency service (fire and rescue) may obtain access to the roof by ground-based ladder. Such access shall be available from at least one such clear zone access point for one exterior wall of the said building. In the case of a nonresidential building, the Land Use Board may waive this requirement, provided that the building is serviced by an approved fire suppression sprinkler system.
B. 
Height of accessory structures. Except on a farm, no accessory building shall exceed 18 feet in height and 1.5 stories. On a farm, the height limitation of accessory structures shall be the same as the principal building or 35 feet.
[Amended 6-13-2017 by Ord. No. 2017-08]
C. 
Waiver.
(1) 
Nothing herein contained shall restrict the height of a barn or silo on a farm, a church spire or similar structure.
(2) 
No structure erected pursuant to this section to a height in excess of the height limit for the zone in which it is situated shall be used for residential or tenancy purposes.
D. 
Clear zone. A "clear zone" shall mean that area adjacent to and surrounding a building such that emergency service personnel (fire-fighting and rescue) can approach a building for the purpose of gaining access thereto. The clear zone shall extend from the foundation of the building to a distance of 15 feet from the base of the foundation of the building. Said area shall be generally flat and graded so that a ground-based ladder can be safely set, and free access shall be provided to such clear zone area. A location within the said "clear zone" shall be available for the placement of a ground-based ladder for gaining access to the roof or upper levels of the building. This location, which shall be at least eight feet in width, shall be the "clear zone access point."

§ 255-91 Miscellaneous regulations applicable to all zones.

A. 
Cleanup requirements. No person shall permit rubble, abandoned scrap metal, machinery, building materials, dismantled or unlicensed or junk motor vehicles to remain on any premises for more than 30 days.
B. 
Dumping. Dumping of refuse, waste material and other substances is prohibited in all zones in the Township except in areas as may be designated as a Township sanitary landfill by the governing body or except for the purpose of filling to established grades, for which a permit must be obtained from the appropriate officials.
C. 
Swimming pools. In-ground and other permanent swimming pools are considered to be structures and, as such, shall require a building permit.
D. 
Only one permitted use is permitted on a tract of land or lot in either an R-1/2, R-1 or R-2 Residential Zone District.
[Added 7-14-1986 by Ord. No. 86-11]
E. 
Kennels, pet shops, shelters or pounds are hereby designated to be specifically prohibited uses in all zones.
[Added 12-10-1996 by Ord. No. 96-9]

§ 255-92 Off-street parking.

[Amended 10-24-1985 by Ord. No. 85-10]
A. 
Off-street parking required. Off-street parking areas, open-air or indoor, shall be provided with all new construction or the creation of new uses as specified in this chapter on the same lot as the use in which they are intended to serve and shall be furnished with necessary passageways and driveways. All such space shall be deemed to be required space on the lot on which the use it serves is situated and shall not be encroached upon or reduced in any manner. All parking spaces, passageways and driveways shall be in accordance with areas clearly marked for car spaces (except when provided in connection with one-family dwelling units) and shall be adequately drained and subject to the approval of the Township Engineer. The provision of off-street parking in accordance with the standards of this section shall accompany any rebuilding, reconstruction, alteration or remodeling of any building or premises.
B. 
Separate from streets. Off-street parking shall be separate and distinct from streets and other traveled rights-of-way.
C. 
Collective provision. The collective provision of off-street parking areas by two or more buildings or uses located on adjacent lots is permitted, provided that the total of such facilities shall not be less than the sum required of the various buildings or uses computed separately.
D. 
Parking areas may be located in any side or rear yard area, except that parking areas, including driveways, may not extend into any required buffer strip or be located less than 25 feet from any lot line. Parking areas may not be located in any minimum front yard area except in business centers in the B Zone, provided that where a frontage road is proposed, no impervious surface shall be closer than 25 feet to the property line. Where such frontage road is proposed, no impervious surface shall be no closer than 25 feet to the frontage road and not permitted between the frontage road and the public street serving the site.
[Amended 12-28-1989 by Ord. No. 89-28]
E. 
Size and number of parking spaces, aisles and roadways. All uses permitted by this chapter shall provide parking spaces in numbers specified herein. Uses not specifically listed shall utilize standards for similar uses wherever possible. All other uses shall provide parking on the basis of one space for every 200 square feet or fraction thereof.
Use
Standard Gross Building Area per Space
(square feet)
Special Requirements
Auto body
300
Auto car wash
300
20 stacking spaces
Auto repair
200
Auto sales/rental
300
Display space extra
Auto supply
300
Banks/credit unions
300
Bowling alley
—
6 per alley
Building material sales
500
Churches
—
1 per seat
Counter service food establishments
50
Diner/Restaurant
—
1 for each 3 seats
Fraternal organizations/lodges, cocktail lounges
150
Funeral house
150
Garden apartments/townhouses
—
1.5 per dwelling unit, plus 0.5 per bedroom
Gasoline service station
250
Grocery/food retail
150
Health spa
250
Hotel/motel
—
1 per unit
Laboratory and research
250
Laundry/dry cleaning
200
Manufacturing
500
Medical offices, including dentist, optometrist
150
Nursery school
—
4 per class
Offices
200
Retail sales
200
Schools
300
Single-family home
2
Tavern
—
1 for each 3 seats
Theater
—
1 for each 3 seats
Truck terminal
—
1 per employee, plus truck spaces
Warehousing
1,000
F. 
Site plan parking. Where site plan approval is required for a development, the following shall apply:
(1) 
A site plan shall show off-street parking facilities required under the provisions of this article in connection with the uses for which application is being made. Surfacing, landscaping, the location and design of entrances, exits, marking and lighting of parking areas shall be in accordance with the standards established in this chapter and shall be subject to the approval of the reviewing Board to ensure adequate relation to traffic safety and protection of adjacent areas.
(2) 
Not more than two curb openings on any one lot frontage of 1,500 feet or less shall be permitted, except that for a lot frontage over 1,500 feet one additional opening shall be allowed for each additional 750 feet or less.
G. 
Waiver of parking improvement. When it is documented to the satisfaction of the reviewing Board that any of the parking requirements herein would result in unneeded parking, the requirement for paved parking area may be reduced. Sufficient area shall be reserved and graded and drained, however, to meet these requirements in full, and the reviewing Board may require partial or complete enlargement up to these standards as conditions indicate such enlargement is warranted, and upon failure to comply with the request of the reviewing Board within 120 days, the certificate of occupancy shall be revoked.

§ 255-93 Off-street loading.

A. 
Off-street loading berths for the pickup and discharge of merchandise, goods, supplies and the like shall be provided in conjunction with any structure or usable space having an aggregate floor area (or other usable space) in excess of 6,000 square feet at the rate of one berth for each 30,000 square feet, or part thereof, of gross floor area of nonresidential uses.
B. 
For the purposes of this section, an off-street loading berth shall be held to be at least 55 feet long, 12 feet wide and 14 feet high, not including driveways or entrances and exits maneuvering areas or loading platforms.
C. 
Off-street loading berths may be enclosed within the building which they serve.
D. 
Off-street loading berths shall be subject to the requirements of access, entrances and exits and screening set forth for off-street parking.

§ 255-94 Sign permits required.

A. 
For purposes of §§ 255-94 through 255-97, "sign" shall be deemed to include advertising structure.
B. 
In addition to such permit(s) as may be required by Independence Township, a permit shall be required for any sign having an area greater than four square feet.
C. 
It shall be unlawful for any person, firm or corporation to erect, alter, locate or relocate, reconstruct or change in any manner any sign or advertising structure greater than four square feet in area without first having in force and effect a sign permit from the Zoning Officer for such sign. A change of the sign content only shall not be deemed an alteration unless it violates a specific provision of this chapter.
D. 
Any person, firm or corporation desiring to procure a permit to maintain a sign in the Township of Independence shall file with the Zoning Officer a written application which shall contain an accurate description of the proposed location where said sign is to be erected and a diagram of each sign applied for. Such application shall be signed by the applicant, who shall also indicate his office address and supply any and all information that the Zoning Officer and Land Use Board may reasonably require in order to determine properly whether such application complies with the provisions of this section and other applicable provision of this chapter and other ordinances.
[Amended 2-13-2007 by Ord. No. 2007-07]

§ 255-95 General sign regulations.

A. 
The limitation of signs set forth for the various zones by this chapter shall not apply to any sign or directional devices erected by the federal, state, county or local government or agency thereof.
B. 
The limitations of sign area as set forth by this chapter for the nonresidential zones shall not apply to parking lot markers, directional signs, entrance and exit signs and other such signs which are erected on the premises, provided that such signs do not exceed four square feet in area and do not contain any advertising of the use on the premises.
C. 
No flashing, oscillating or animated sign of any type may be erected within the Township.
D. 
No signs shall be so placed, colored or lighted as to impede or interfere in any way with the operation of a traffic light, traffic direction signal or general traffic vision.
E. 
No freestanding sign shall be erected in the Township which exceeds a height of five feet, except that in a service station such sign shall comply with § 255-97B(9).
F. 
Under no circumstances shall any sign be located on the roof of any building, and no exceptions within this chapter shall be interpreted as applying thereto or creating such permission.
G. 
Billboards shall not be permitted within the Township.

§ 255-96 Signs permitted in all zones.

The following signs shall be permitted in all zones:
A. 
One nonflashing, nonilluminated, temporary sign offering the lease, rental or sale of the same lot or building upon which it is placed and not exceeding nine square feet in area, provided that such sign is erected or displayed not less than 10 feet inside of property line or within the building. This sign must be removed from the premises within seven days after the property is sold or rented.
B. 
For churches or similar religious establishments, an ecclesiastical changeable-letter sign which may be illuminated, not over 10 square feet in area, referring to services and events to be held on the premises, provided that such sign is located not less than 10 feet inside of the property lines.
C. 
One illuminated nonflashing sign identifying a school, park or public building, located not less than 10 feet inside the property line and not exceeding 10 square feet in area.
D. 
One personal nameplate sign for each permitted dwelling unit, situated within the property lines and not exceeding one square foot in area, which may be illuminated, provided that the direct source of light is not visible from the exterior of the sign.
E. 
There shall be permitted in all zones one portable sign advertising the business located thereon or special or seasonal sales conducted by such business for each separate business entity on any lot. A "portable sign" shall be defined as one that is not permanently affixed to or supported in the ground and is capable of being immediately picked up and placed down, subject to the following restrictions:
[Added 11-7-1994 by Ord. No. 94-11]
(1) 
No sign shall exceed a maximum total of six square feet per side, with each sign being permitted a maximum of two sides, upon which advertising or messages may appear.
(2) 
All such signs shall be located inside the property line of the lot right-of-way where the same is placed and shall in no event be placed within a highway, street or road right-of-way.
(3) 
No such sign shall be placed in any location such that sight visibility is obstructed or impaired.
(4) 
Such signs shall be constructed of wood, metal, plastic material or composite materials, but shall in no event be illuminated or of the flashing type.
(5) 
No permit shall be required for any portable business sign.
(6) 
This Subsection E and the provisions as set forth herein shall not be deemed to affect portable contractor's signs which are placed upon the lot upon which the contracting work is being or has been performed.

§ 255-97 Restrictions in specific districts.

A. 
Signs in the residential zone districts. In all residential and agricultural districts, only the following signs shall be permitted:
(1) 
A sign deemed necessary to the public welfare by the governing body.
(2) 
None of the signs permitted in the residential district shall be erected nearer any street or road than half the existing setback of principal building erected on said plot, provided that a nameplate sign not more than 72 square inches in area as regulated in § 255-96D may be placed anywhere within the front yard, and those signs as allowed in § 255-96A are permitted within the road right-of-way.
(3) 
Notwithstanding any other provisions of this article, one sign no larger than eight square feet is permitted as accessory to each multiple-family or apartment development within a residential zone.
(4) 
Permitted farming uses may display one freestanding identification sign not exceeding eight square feet in area designating the name of the farming use and the address and name of the owner. The sign may be placed in the front yard but not closer than 15 feet to any street right-of-way line as designated on the adopted street plan.
B. 
Signs in the nonresidential and industrial and office research zones. In the nonresidential zones, B, I, IH and OR, no sign other than customary "no-trespassing" signs shall be permitted which is not attached to the face of the building and which is not accessory to the business conducted on the property. Such signs may be erected on any entrance wall or the wall facing on a street, provided that all of the following requirements are met. This restriction shall apply in the event of a change of use or where for any reason a sign is relocated, in which cases the sign must comply with the provisions of this chapter. Such relocation must comply with state statutes concerning highway signs and all requirements of any previous Land Use Board site plan approval.
[Amended 2-13-2007 by Ord. No. 2007-07]
(1) 
No sign facade shall extend more than 15 inches from the face of the building upon which it is attached.
(2) 
No sign shall be lighted by means of flashing or intermittent illumination.
(3) 
Roof signs are prohibited.
(4) 
The total sign area for all signs permitted on the face of the building shall not exceed one square foot of sign area for each foot of street frontage, provided that the total sign area for any lot shall not exceed 100 square feet.
(5) 
Silhouetted or three-dimensional signs, i.e., signs lacking a background and having letters, figures or devices silhouetted against the sky or other open space not a part of the sign, and/or signs in which objects or representational devices are present in the round or other than in a plane are prohibited.
(6) 
Signs in which the colors red and green are used either in direct illumination or in high reflection by the use of special preparation such as fluorescent paint or glass are prohibited.
(7) 
Any sign visible from the public right-of-way using an arrow or the word "stop" is prohibited.
(8) 
All bare bulbs and tubes and immediately adjacent reflecting surfaces must be shielded from view from the public right-of-way and from adjacent residential lots. Bare bulbs and tubes are prohibited. Illumination of any kind visible from the public right-of-way, such as signs, buildings and display windows, must be such that the light intensity or surface brightness does not exceed 50 candles per square foot as read on a standard Weston photographic light meter held three feet from the source. Nothing in this section shall apply to any bulb, lamp or light source used for municipal streetlighting at public expense.
(9) 
Gasoline stations only may display, in addition to the foregoing signs, the following special signs which are deemed customary and necessary to their respective businesses:
(a) 
One freestanding sign advertising the name of the station and/or the principal products sold on the premises, including any special company or brand name, insignia or emblem, provided that each such sign shall not exceed 30 square feet in area and shall be hung within the property line and not less than 10 nor more than 30 feet above the ground.
(b) 
Directions, signs or lettering displays over individual entrance doors or bays consisting only of the words "washing," "lubrication," "repairs," "mechanic on duty" or other words closely similar in import, provided that there shall be not more than one such sign over each entrance or bay, the letters thereof shall not exceed 12 inches in height, and the total of each sign shall not exceed three square feet.
(c) 
Customary lettering on or other insignia which are a structural part of gasoline sold, lead warning sign, a price indicator and any other sign required by law, and not exceeding a total of three square feet on each pump; and if illuminated, such signs shall be nonflashing and shall not in any manner constitute a traffic hazard with respect to adjacent streets or intersection.
(d) 
A nonilluminated credit card sign not exceeding two square feet in area may be placed on or near the gasoline pump.
(e) 
One temporary sign located inside the property line and specifically advertising special seasonal servicing of automobiles, provided that each sign does not exceed seven square feet in area.
(10) 
Notwithstanding any other provisions of this chapter, in all nonresidential districts, each principal use may display one illuminated or nonilluminated freestanding sign of permanent construction and deemed accessory to the principal use, provided that:
(a) 
Said building sets back at least 50 feet from the front street right-of-way line as designated on the adopted Street Plan and is located on a lot 150 feet or more in width.
(b) 
Said sign complies with the side yard requirements of the principal building and is set back at least 15 feet from any street right-of-way line as designated on the adopted Street Plan and is perpendicular to said street line.
(c) 
The area of such signs may not be larger than one square foot for each linear foot of setback of the principal building but no more than 75 square feet on one side.
(11) 
No permit shall be issued to erect an exterior sign on property containing a nonconforming sign or signs, until such time as the nonconforming sign or signs have been removed. When the owner or lessee of a nonconforming sign vacates the premises upon which the sign is located, the sign must be removed, or the lettering removed in such a way that the frame and background do not remain in an unsightly condition within 30 days of such vacation. If the owner or lessee of said sign does not remove the sign, the owner of the building or property shall be held responsible for the removal of the sign. If the owner or lessee fails to remove the sign, the Township of Independence shall remove the sign and charge the owner or lessee for doing so.[1]
[1]
Editor's Note: Former Subsection B(12), dealing with vehicle or mobile signs, which immediately followed this subsection, was repealed 11-7-1994 by Ord. No. 94-11. See now § 255-96E.
C. 
In addition to the provisions of this chapter, all signs shall comply with the provisions of the Uniform Construction Code.[2]
[2]
Editor's Note: See Ch. 175, Construction Codes, Uniform, of this Code and N.J.S.A. 52:27D-119 et seq.

§ 255-98 Regulations in Agricultural-Residential Zone.

The following regulations shall apply in the AR Agricultural-Residential Zone:
A. 
Permitted principal uses shall be as follows:
(1) 
One-family dwellings.
(2) 
Customary agricultural and horticultural uses, including farms, greenhouses and nurseries, and including such shelter as may be required for seasonal farm labor. Customary agricultural and horticultural uses shall include the raising, hauling or sale of feed or bedding customarily used in a farming operation and the retail sale of farm products.[1]
[1]
Editor's Note: Former Subsection A(3), regarding auxiliary one-family residences on a farm, was repealed 8-14-1989 by Ord. No. 89-12.
(3) 
Soil processing and soil removal, provided that the provisions of the Earth Removal Ordinance of the Township of Independence[2] are complied with.
[2]
Editor's Note: See Ch. 333, Soil Removal.
B. 
Permitted accessory uses shall be as follows:
(1) 
Home occupations.
(2) 
Home professional offices.
(3) 
Roadside stands selling farm produce.
(4) 
Private garages.
(5) 
Customary residential storage structures.
(6) 
Other customary residential structures, such as private swimming pools, fireplaces, trellises, lampposts and other similar structures.
(7) 
On farms only, customary farm buildings for the housing of livestock and storage of farm products or equipment.
(8) 
Housing provided to permanent and/or seasonal farm employees. There shall be permitted one additional single-family dwelling of a temporary nature meeting the following requirements:
[Amended 8-14-1989 by Ord. No. 89-12]
(a) 
The building may be either a single-story dwelling, trailer, mobile home or modular home. Trailers, as permitted under this definition, shall not be construed to conflict with regulations governing the general prohibition of trailers within the Township except in a duly licensed trailer park as provided in § 361-2.
[Amended 7-10-1990 by Ord. No. 90-8]
(b) 
The building shall be for the sole use of a full-time employee and that employee's directly related family occupying that dwelling in connection with farm employment on the tract which comprises that farm.
(c) 
The farm tract on which said single-story dwelling is located shall comprise not less than 50 acres of land.
(d) 
The single-story dwelling shall meet all state, county and municipal health codes, including but not limited to a separate sewage disposal system and water service connections to a common or individual water supply.
(e) 
The single-story dwelling shall be removed if the farm is no longer actively used as a working farm or, in the event that the employee is no longer actively employed on a full-time basis by the owners or operators of the said farm.
(f) 
A building permit and certificate of occupancy are required for these single-family dwellings.
(g) 
All single-story dwellings shall be located at a distance of at least 200 feet from any public street and must, in any event, be completely nonvisible from said street and must further be located at least 150 feet from any adjoining property line.
(h) 
No single-story dwelling shall be located in any front yard area and shall further, to all extents possible, use the same driveway as the principal farm or residence on the property.
(i) 
The number of single-story dwellings permitted on any farm under these provisions shall not exceed a total of three single-story dwellings per farm for farms of less than 100 acres or a total of five single-story dwellings for farms of greater than 100 acres, whichever results in the smaller number.
(j) 
Any single-story dwellings provided under this section shall be removed from the property within six months of the date that eligible occupancy ceases or the property no longer qualifies as an operating farm.
(k) 
The definition of "building" herein shall apply only to this section which provides for an accessory farm building and shall in no event be construed to extend to any definition of a building as referred to in § 255-3 of the Land Development Ordinance.
(9) 
Family day-care home.
[Added 10-8-1991 by Ord. No. 91-6]
C. 
Conditional uses.
(1) 
Cluster development.
(2) 
Public uses.

§ 255-99 Regulations in R-2 Residential Zone.

[Amended 7-14-1986 by Ord. No. 86-11]
The following regulations shall apply in the R-2 Residential Zone:
A. 
Permitted principal uses shall be as follows:
(1) 
One-family dwellings.
(2) 
Farms: customary agricultural and horticultural uses, including farms, greenhouses and nurseries, and including such shelter as may be required for farm labor as permitted in the Agricultural-Residential Zone. Customary agricultural and horticultural uses shall include the raising, hauling or sale of feed or bedding customarily used in a farming operation and the retail sale of farm products.
(3) 
Cluster development.
[Added 7-8-2003 by Ord. No. 03-11]
B. 
Permitted accessory uses shall be as follows:
(1) 
Home occupations.
(2) 
Home professional offices.
(3) 
Roadside stands selling farm produce.
(4) 
Private garages.
(5) 
For public and nonprofit private schools, customary school structures, such as sports and recreation structures and temporary and permanent grandstands.
(6) 
Family day-care home.
[Added 10-8-1991 by Ord. No. 91-6]
C. 
Conditional uses (see § 255-116) shall be as follows:
(1) 
[1]Municipal buildings.
[1]
Editor's Note: Former Subsection C(1), regarding public and semipublic buildings, was repealed 7-29-1991.
(2) 
[2]Public and nonprofit private schools.
[2]
Editor's Note: Former Subsection C(2), regarding cluster development was repealed 7-8-2003 by Ord. No. 03-11.
(3) 
Churches, Sunday schools and other places of worship.

§ 255-100 Regulations in R-3 Residential Zone.

[Added 7-29-1991]
There is hereby created the R-3 Residential Zone.
A. 
Principal permitted uses shall be as follows:
(1) 
One-family dwellings.
(2) 
Farms: customary agricultural and horticultural uses, including farms, greenhouses and nurseries, and including such shelter as may be required for farm labor as permitted in the Agricultural-Residential Zone. Customary agricultural and horticultural uses shall include the raising, hauling or sale of feed or bedding customarily used in a farming operation and the retail sale of farm products.
(3) 
Cluster development.
[Added 7-8-2003 by Ord. No. 03-11]
B. 
Permitted accessory uses shall be as follows:
(1) 
Home occupations.
(2) 
Home professional offices.
(3) 
Roadside stands selling farm produce.
(4) 
Private garages.
C. 
Conditional uses (see § 255-116) shall be as follows:
(1) 
[1]Municipal buildings.
[1]
Editor's Note: Former Subsection C(1), regarding cluster development, was repealed 7-8-2003 by Ord. No. 03-11.
(2) 
Public and nonprofit private schools.
(3) 
Churches, Sunday schools and other places of worship.[2]
[2]
Editor's Note: Former Subsections D and E, regarding bulk regulations, which immediately followed this subsection, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Property in county or state farmland preservation program.
[Added 10-14-2003 by Ord. No. 03-18]
(1) 
An individual building lot on any property which, on or before June 16, 2003, was approved for enrollment in a county or state farmland preservation program shall be subject to the minimum lot size requirement existing as of that date for the zoning district in which the property was located, which shall only become effective upon conveyance of the development rights for the lands so improved for enrollment.
(2) 
The lot or lots shall be used or may have a structure erected thereon for a use permitted for that zoning district as of June 16, 2003, provided that the building coverage limitation is not exceeded and parking requirements are adhered to. Other than lot area requirements, all other bulk standards which apply to the lots which were previously zoned R-2 shall continue to apply to the lands now zoned R-3.
(3) 
In all other respects, the applicable provisions of this chapter are hereby ratified.

§ 255-101 Regulations in R-4 Residential Zone.

[Added 6-16-2003 by Ord. No. 03-9]
There is hereby created the R-4 Residential Zone.
A. 
Principal permitted uses shall be as follows:
(1) 
One-family dwellings.
(2) 
Farms: customary agricultural and horticultural uses, including farms, greenhouses and nurseries, and including such shelter as may be required for farm labor as permitted in the Agricultural-Residential Zone. Customary agricultural and horticultural uses shall include the raising, hauling or sale of feed or bedding customarily used in a farming operation and the retail sale of farm products.
(3) 
Cluster development.
[Added 7-8-2003 by Ord. No. 03-11]
B. 
Permitted accessory uses shall be as follows:
(1) 
Home occupations.
(2) 
Home professional offices.
(3) 
Roadside stands selling farm produce.
(4) 
Private garages.
C. 
Conditional uses (see § 255-116) shall be as follows:
(1) 
[1]Municipal buildings.
[1]
Editor's Note: Former Subsection C(1), regarding cluster development, was repealed 7-8-2003 by Ord. No. 03-11.
(2) 
Public and nonprofit private schools.
(3) 
Churches, Sunday schools and other places of worship.[2]
[2]
Editor's Note: Former Subsections D and E, regarding bulk regulations, which immediately followed this subsection, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 255-102 Regulations in R-1 and R-1/2 Residential Zones.

[Amended 7-14-1986 by Ord. No. 86-11]
The following regulations shall apply in the R-1 and R-1/2 Residential Zones:
A. 
Permitted principal uses shall be as follows:
(1) 
One-family dwellings.
(2) 
Farms: customary agricultural and horticultural uses, including farms, greenhouses and nurseries, and including such shelter as may be required for farm labor. Customary agricultural and horticultural uses shall include the raising, hauling or sale of feed or bedding customarily used in a farming operation and the retail sale of farm products.
B. 
Permitted accessory uses shall be as follows:
(1) 
Home occupations.
(2) 
Home professional offices.
(3) 
Roadside stands for farm produce.
(4) 
Private garages.
(5) 
Family day-care home.
[Added 10-8-1991 by Ord. No. 91-6]
C. 
Conditional uses (see § 255-116) shall be as follows:
(1) 
Public and semiprivate buildings, such as libraries, museums, other private schools, nonprofit recreation clubs, fraternal organizations, charitable uses and other nonprofit uses similar in nature and scale to those permitted above.
(2) 
Public and nonprofit private schools.
(3) 
Churches, Sunday schools and other places of worship.
(4) 
Municipal buildings.

§ 255-103 Regulations in RM Residential Multiple-Dwelling Zone.

[Amended 7-14-1986 by Ord. No. 86-11]
The following regulations shall apply in the RM Residential Multiple-Dwelling Zone:
A. 
Permitted principal uses shall be as follows:
(1) 
Garden apartment developments.
(2) 
Townhouses.
B. 
Permitted accessory uses shall be as follows:
(1) 
For garden apartment developments and municipal buildings, private garages.
(2) 
For public and nonprofit private schools, customary school structures, such as sports and recreation structures.
C. 
Conditional uses (see § 255-116) shall be as follows:
(1) 
Public and semiprivate buildings, such as libraries, museums, other private schools, nonprofit recreation clubs, fraternal organizations, charitable uses and other nonprofit uses similar in nature and scale to those permitted above.
(2) 
Senior citizen housing according to § 255-116D(8).
(3) 
Municipal buildings.
(4) 
Churches, Sunday schools and other places of worship.
(5) 
Public and nonprofit private schools.

§ 255-104 Regulations in B Business Zone.

The following regulations shall apply in the B Business Zone:
A. 
Permitted principal uses shall be as follows:
(1) 
Single-family dwellings.
(2) 
Retail business goods establishments which are clearly of a community service character, such as but not limited to the following:
(a) 
Stores selling groceries, meats, baked goods and other such food items.
(b) 
Pharmacies.
(c) 
Stationery, tobacco, newspaper and flower shops.
(d) 
Restaurants, luncheonettes and confectionary stores; taverns.
(e) 
Hardware, plant, dry goods, small appliance and furniture stores.
(f) 
Clothing, accessory and jewelry stores.
(3) 
Personal service establishments which are clearly of a community service character, such as but not limited to the following:
(a) 
Barber- and beauty shops.
(b) 
Tailor shops, shoe repair shops.
(c) 
Business and professional offices.
(d) 
Banks and financial institutions, post offices.
(e) 
Establishments servicing goods such as those permitted under Subsection A(2) above.
(f) 
Funeral homes.
(4) 
Municipal buildings, public schools, parks, playgrounds and recreation areas deemed necessary and appropriate by the Township.
(5) 
Churches and other similar places of worship, parish homes, convents and other such facilities of recognized religious groups.
(6) 
Farms.
(7) 
Professional offices.
(8) 
Specific conditional uses set forth in Subsection C of this section and conditional uses existing and operating at the time of enactment of this chapter.
(9) 
Child-care center.
[Added 10-8-1991 by Ord. No. 91-6]
(10) 
Senior housing.
[Added 2-11-2003 by Ord. No. 03-2]
(11) 
Assisted-living housing.
[Added 2-11-2003 by Ord. No. 03-2]
B. 
Permitted accessory uses shall be as follows:
(1) 
Private garage space for the storage of business vehicles used in conjunction with a permitted business use.
(2) 
Facilities and services which are customarily accessory to the operation of a permitted use.
(3) 
Dwelling units accessory to a principal business use provided such dwelling is located in the same building with the principal use.
C. 
Conditional uses (see § 255-116) shall be as follows:
(1) 
[1]Theaters housed in an enclosed building.
[1]
Editor's Note: Former Subsection C(1), regarding public and semipublic uses, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Hotels and motels.
(3) 
Service stations.
(4) 
Motor vehicle repair garage.
(5) 
Bowling alleys.
(6) 
Garages providing facilities for service and storage of up to 25 vehicles.
(7) 
Milk-distributing operations.
(8) 
Fuel oil storage and distributing facilities.
(9) 
Adult establishments.
D. 
Special provisions and requirements applicable in the B Zone.
(1) 
Buffer strip. A landscaped buffer strip shall be established and maintained along all lot lines, other than street lines, of all nonresidential uses developed in this zone except as herein provided. Such buffer strips shall be a minimum of 25 feet in width and shall meet the requirements prescribed in § 255-88.
[Amended 4-14-1992 by Ord. No. 92-3]
(2) 
Adjoining parking lots. A buffer strip is not required along a lot line between parking lots of business uses within this zone, provided that passage between the parking lots is permitted, and further provided that, where the combined width of the two parking lots exceeds 120 feet, a landscaped island, minimum 10 feet in width, shall be located within the parking lot and running the depth of the parking lot except for vehicular aisles.
(3) 
Screening. Whenever a nonresidential use in this zone abuts a residential zone or use or whenever a conditional use abuts a principal use, the buffer strip required shall also contain screening such as dense hedges, decorative fencing or landscaped earth berms as further prescribed in § 255-88.
[Amended 4-14-1992 by Ord. No. 92-3]
E. 
Senior housing area, height and bulk requirements:
[Added 2-11-2003 by Ord. No. 03-2]
(1) 
Minimum tract size: five acres.
(2) 
Senior housing maximum density 6.0 dwelling units per acre. Subsidized senior housing maximum density 9.0 dwelling units per acre.
(3) 
Housing type permitted:
(a) 
Single-family detached.
(b) 
Townhouse.
(c) 
Apartment for subsidized senior housing.
(4) 
Front yard to public and/or private street:
(a) 
Single-family detached: 30 feet.
(b) 
Townhouse: 40 feet.
(c) 
Subsidized apartment building: 40 feet.
(5) 
Side yard distance between house buildings:
(a) 
Single-family detached: 30 feet.
(b) 
Townhouse: 40 feet.
(c) 
Subsidized apartment building: 40 feet.
(6) 
Rear yard distance between house buildings: 90 feet.
(7) 
Minimum distance between house buildings not defined above: 40 feet.
(8) 
Maximum building height: 24 feet or two stories.
(9) 
Maximum attached townhouse units in one building: six.
(10) 
Minimum townhouse unit width: 24 feet.
(11) 
Maximum subsidized apartment units in one building: eight.
(12) 
All senior housing shall be served by public sewer and public water.
(13) 
Parking.
(a) 
Single-family detached: 2.0 spaces per unit of which one space is a garage space.
(b) 
Townhouse: 2.0 spaces per unit.
(c) 
Subsidized apartment: 1.5 spaces per unit.
(14) 
Minimum dwelling unit size.
(a) 
Single family detached: 1,200 square feet.
(b) 
Townhouse: 1,000 square feet.
(c) 
Subsidized apartment: 700 square feet.
(15) 
Maximum tract lot coverage: 50%.
F. 
Assisted-living housing area height and bulk requirements.
[Added 2-11-2003 by Ord. No. 03-2]
(1) 
Minimum tract size: two acres.
(2) 
Maximum density: 20 beds per acre.
(3) 
Minimum setbacks:
(a) 
Front yard: 50 feet.
(b) 
Side yard: 40 feet.
(c) 
Rear yard: 50 feet.
(4) 
Maximum building height: 24 feet or two stories.
(5) 
Parking: one space per two beds.
(6) 
Maximum tract lot coverage: 50%.
(7) 
All assisted-living housing shall be served by public sewer and public water.
(8) 
Minimum distance between buildings: 40 feet.

§ 255-105 Regulations in COM/PROF Commercial/Professional Zone.

[Added 7-29-1991]
There is hereby designated a new zone district within the Township of Independence to be known as the "Commercial/Professional Zone," which involves the rezoning of areas previously zoned R-2 and B Business (generally from U.S. Route 46 to the river). The purpose of this zone will be to concentrate commercial and professional services in an area which will have excellent highway accessibility and proximity to Hackettstown services and will further serve to entice small commercial and professional business developments.
A. 
Principal permitted uses shall be as follows:
(1) 
Retail sales and services similar in nature and scope as provided in § 255-104A(2).
(2) 
Office buildings for professional, executive and/or administrative purposes.
(3) 
Farms.
[Added 2-11-2003 by Ord. No. 03-1]
(4) 
Educational farm.
[Added 2-11-2003 by Ord. No. 03-1]
(5) 
Educational farm and farm.
[Added 2-11-2003 by Ord. No. 03-1]
B. 
Permitted accessory uses shall be as follows:
(1) 
Private garage space for the storage of business vehicles used in conjunction with a permitted business or professional use.
(2) 
Facilities and services which, in the opinion of the Land Use Board, are essential to the operating of a permitted use;
[Amended 2-13-2007 by Ord. No. 2007-07]
(3) 
Signs in accordance with § 255-97B.
C. 
Conditional uses (to be permitted in accordance with the guidelines and criteria as provided in § 255-116) shall be as follows:
(1) 
Municipal buildings, public parks, churches and other similar places of worship, parish homes, convents and other such facilities of recognized religious groups.
(2) 
Theaters housed in an enclosed building.
D. 
Permitted uses must conform to all performance standards as contained in § 255-117.[1]
[1]
Editor's Note: Former Subsection E, regarding bulk regulations, which immediately followed this subsection, was deleted 2-13-2007 by Ord. No. 2007-01.
E. 
Special provisions and requirements in the Commercial/Professional Zone:
(1) 
Buffer strip. A landscaped buffer strip shall be established and maintained along all lot lines, other than street lines, of all uses developed in this zone. Such buffer strip shall consist of trees or other screening, such as dense hedges, decorative fencing or a landscaped earth berm as prescribed in § 255-88, which buffer strips shall be a minimum of 75 feet in width.

§ 255-106 Regulations in I Industrial and IL Industrial Light Zones.

The following regulations shall apply in the I and IL Industrial Zones:
A. 
Permitted principal uses shall be as follows:
(1) 
Farms: same as § 255-98A(2).
(2) 
Industrial park developments.
(3) 
Warehouse and distribution centers.
(4) 
Industry which involves only the processing, assembly, packaging or storage of previously refined materials, such as, but not limited to, the following industries:
(a) 
Manufacturing of light machines.
(b) 
Fabrication of metal, wood and paper products.
(c) 
Assembly of electronic components.
(d) 
Apparel manufacturing.
(e) 
Dairy food, fruit, vegetable, baked goods, cereal and grain.
(f) 
Printing; publishing.
(5) 
Electronic products manufacturing.
(6) 
Photofinishing operations.
(7) 
Fabrication of light metal products, including metal furniture, toys and similar products.
(8) 
Office buildings for professional, executive and/or administrative purposes.
(9) 
Child-care center.
[Added 10-8-1991 by Ord. No. 91-6]
B. 
Permitted accessory uses shall be as follows:
(1) 
Private garage space for the storage of industrial vehicles used in conjunction with a permitted industrial use.
(2) 
Facilities and services which are customarily accessory to the operation of a permitted use.
(3) 
For farm use only, accessory uses as permitted in the Agricultural-Residential Zone.
C. 
Permitted uses must conform to all performance standards as contained in § 255-117.
D. 
Buffer strip. A landscaped buffer strip shall be established and maintained along all lot lines, other than street lines created within an industrial park development developed in this zone. Such buffer strips shall be a minimum of 25 feet in width and shall meet the requirements prescribed in § 255-88.
E. 
Screening. Whenever a permitted use (except farms) abuts any residential zone or use, the buffer strip required shall also contain screening such as dense hedges, decorative fencing or landscaped earth berms as further prescribed in § 255-88.[1]
[Added 4-14-1992 by Ord. No. 92-3]
[1]
Editor's Note: Former § 116-96, Regulations in IH Industrial Heavy Zone, as amended, was repealed 10-14-1997 by Ord. No. 97-12, and subsequently former § 116-96, Regulations in C Commercial Zone, added 10-13-1998 by Ord. No. 98-6, was repealed 6-16-2003 by Ord. No. 03-9.

§ 255-107 Regulations in O/IL Office/Light Industrial Zone.

[Added 7-29-1991]
There is hereby created a new zone district to be known as the "O/IL Zone." The following regulations shall apply in the O/IL Office/Light Industrial Zone.
A. 
Principal permitted uses shall be as follows:
(1) 
Office buildings for executive, professional and/or administrative purposes.
(2) 
Light warehousing consisting of the storage of light manufactured goods.
(3) 
Light manufacturing consisting of the processing, assembly, packaging or storage of previously refined materials as set forth in § 255-106A(4), (5), (6) and (7).
(4) 
Farms as allowed in § 225-98A(2).
B. 
Permitted accessory uses shall be as follows:
(1) 
Private garage space for the storage of industrial vehicles used in conjunction with a permitted business use.
(2) 
Facilities and services which are customarily accessory to the operation of a permitted use.
(3) 
For farm use only, accessory uses as permitted in the Agricultural-Residential Zone.
C. 
Conditional uses (see § 255-116 for guiding principles and criteria) shall be as follows:
(1) 
Public and semiprivate buildings such as libraries, museums, other private schools, nonprofit recreation clubs, fraternal organizations, charitable uses and other nonprofit uses similar in nature and scale to those permitted above.
D. 
Permitted uses must conform to all performance standards as contained in § 255-117.[1]
[1]
Editor's Note: Former Subsection E, regarding bulk regulations, which immediately followed this subsection, was deleted 2-13-2007 by Ord. No. 2007-01.
E. 
Special provisions and requirements applicable in the O/IL Zone are as follows:
(1) 
Buffer strip. A landscape buffer strip shall be established and maintained along all lot lines, other than street lines, of all uses developed in this zone. Such buffer strip shall consist of trees or other screening, such as dense hedges, decorative fencing or a landscaped earth berm as prescribed in § 255-88, which buffer strips shall be a minimum of 75 feet in width.
(2) 
No parking shall be permitted in any front yard setback.

§ 255-108 Regulations in B/IL/WT Business/Light Industrial - Warehousing Terminal Zone.

[Added 7-29-1991]
There is hereby created a new zone district to be known as the "B/IL/WT Zone." The following regulations shall apply in the B/IL/WT Business/Light Industrial — Warehousing Terminal Zone.
A. 
Principal permitted uses shall be as follows:
(1) 
Retail business goods establishments and personal service establishments as provided in § 255-104A(2) and (3).
(2) 
Light warehousing consisting of the storage of light manufactured goods.
(3) 
Light manufacturing consisting of the processing, assembly, packaging or storage of previously refined materials as set forth in § 255-106A(4), (5), (6) and (7).
(4) 
Warehousing and trucking terminal uses, "warehousing" being defined as a building used primarily for the storage of goods and materials, and "trucking terminal" being defined as an area and building where cargo is stored and where trucks load and unload cargo on a regular basis. The storage of goods and materials or loading or unloading of cargo which are defined as hazardous substances, hazardous waste or extraordinarily hazardous substances by the New Jersey Department of Environmental Protection pursuant to N.J.S.A. 13:1K-8 and N.J.S.A. 13:1K-21 shall be strictly prohibited.
(5) 
Farms as allowed in § 255-98A(2).
B. 
Permitted accessory uses shall be as follows:
(1) 
Private garage space for the storage of business or industrial vehicles used in conjunction with a permitted business, light industrial or warehousing/terminal use.
(2) 
Facilities and services which are customarily accessory to the operation of a permitted use.
(3) 
For farm use only accessory uses as permitted in the Agricultural-Residential Zone.
C. 
Conditional uses (allowed pursuant to the guidelines and criteria as provided in § 255-116) shall be as follows:
(1) 
All conditionally permitted uses as allowed in § 255-104C.
D. 
Permitted uses must conform to all performance standards as contained in § 255-117.
E. 
Bulk requirements:
(1) 
Minimum lot size: five acres.
(2) 
Lot width at setback: 300 feet.
(3) 
Front yard: 75 feet.
(4) 
Rear yard: 50 feet.
(5) 
Side yard: 75 feet.
(6) 
Height: 35 feet.
(7) 
Maximum lot coverage: 50%.
F. 
Special provisions and requirements applicable in the B/IL/WT Zone are as follows:
(1) 
Buffer strip. A landscape buffer strip shall be established and maintained along all lot lines, other than street lines, of all uses developed in this zone. Such buffer strip shall consist of trees or other screening, such as dense hedges, decorative fencing or a landscaped earth berm as prescribed in § 255-88, which buffer strips shall be a minimum of 75 feet in width.
(2) 
No parking shall be permitted in any front yard setback.[1]
[1]
Editor's Note: Former § 116-97, Regulations in PRD Planned Residential Development Zone, as amended, was repealed 2-11-2003 by Ord. No. 03-1.

§ 255-109 Regulations in OR Office Research Zone.

The following regulations shall apply in the OR Office Research Zone:
A. 
Permitted principal uses shall be as follows:
(1) 
Office buildings for professional, executive and/or administrative purposes.
(2) 
Scientific, engineering and/or research laboratories devoted to research, design and/or experimentation and processing and fabricating incidental thereto, provided that no materials or finished products shall be manufactured, processed or fabricated on the premises for the purpose of sale except such as may be incidental to the research or design operations.
(3) 
Medical service and care facilities, such as offices and clinics of physicians and dentists, and nursing and convalescent homes.
(4) 
Farms: customary agricultural and horticultural uses, including farms, greenhouses and nurseries, and including such shelter as may be required for farm labor as permitted in Agricultural-Residential Zone. Customary agricultural and horticultural uses shall include the raising, hauling or sale of feed or bedding customarily used in a farming operation and the retail sale of farm products.
(5) 
Child-care center.
[Added 10-8-1991 by Ord. No. 91-6]
B. 
Permitted accessory uses shall be as follows:
(1) 
Private garage space for the storage of business vehicles used in conjunction with a permitted business use.
(2) 
Facilities and services which, in the opinion of the Land Use Board, are essential to the operating of a permitted use.
[Amended 2-13-2007 by Ord. No. 2007-07]
(3) 
Signs in accordance with this article.
(4) 
Off-street parking in accordance with this article.
C. 
Special provisions and requirements applicable in the OR Zone are as follows:
[Amended 7-29-1991]
(1) 
Screening and buffer strip. The buffer strip shall be 50 feet in width.
D. 
Permitted uses must conform to all performance standards as contained in § 255-117.
E. 
Conditional uses (see § 255-116) shall be as follows:
(1) 
Public and semiprivate buildings, such as libraries, museums, other private schools, nonprofit recreation clubs, fraternal organizations, charitable uses and other nonprofit uses similar in nature and scale to those permitted above.

§ 255-110 Regulations in PRD - SC Planned Residential Development - Senior Citizen Zone.

[Amended 11-12-1985 by Ord. No. 85-12; 7-14-1986 by Ord. No. 86-11]
The following regulations shall apply in the Planned Residential Development — Senior Citizen Zone:
A. 
Permitted principal uses shall be as follows:
(1) 
One-family dwellings according to R-1/2 Zone regulations.
(2) 
Farms: customary agricultural and horticultural uses, including such shelter as may be required for seasonal farm labor. Customary agricultural and horticultural uses shall include the raising, hauling or sale of feed or bedding customarily used in a farming operation and the retail sale of farm products.
(3) 
Planned residential development according to § 255-115.
[Amended 7-13-1993 by Ord. No. 93-8]
B. 
Permitted accessory uses shall be as follows:
(1) 
Home occupation in a single-family detached dwelling.
(2) 
Home professional office in a single-family detached dwelling.
(3) 
Roadside stands.
(4) 
Private garages.
(5) 
For public and nonprofit private schools, customary school structures, such as sports and recreation structures and temporary and permanent grandstands.
C. 
Conditional uses shall be as follows:
(1) 
Public and semiprivate buildings, such as libraries, museums, transportation stations, other private schools, nonprofit recreation clubs, fraternal organizations, eleemosynary uses and other nonprofit uses similar in nature and scale to those permitted above.
(2) 
Municipal buildings.
(3) 
Public and nonprofit private schools.
(4) 
Churches, Sunday schools and other places of worship.
D. 
Townhome requirements.
[Added 8-10-1987 by Ord. No. 87-15]
(1) 
Maximum coverage, building and paving: 50%.
(2) 
Minimum lot width: 18 feet.
(3) 
Minimum lot depth: 50 feet.
(4) 
Minimum yard to street: 30 feet.
(5) 
Minimum yard to parking, aisles or driveway: 25 feet.
(6) 
Minimum distance between buildings or structures: same as building height.
(7) 
Minimum and maximum number of bedrooms: one.
(8) 
Maximum height: 30 feet.
(9) 
Maximum net density: 16 dwelling units per acre.
(10) 
Maximum number of units per structure or building: eight.
(11) 
Minimum number of parking spaces: 1.75 per dwelling unit.
(12) 
Minimum dwelling unit size: 648 square feet.
(13) 
A PRD project shall not contain more than 16% townhouses.
(14) 
Minimum distance between townhome structure and other types of housing lots: 50 feet.
(15) 
Minimum distance between townhome structure and other types of housing structure: 75 feet.
E. 
Garden condominium requirements.
[Added 7-13-1993 by Ord. No. 93-8]
(1) 
Maximum coverage, building and paving: 50%.
(2) 
Minimum yard to street: 30 feet.
(3) 
Minimum yard to parking, aisles or driveway: 25 feet.
(4) 
Minimum distance between buildings or structures: same as building height.
(5) 
Maximum number of bedrooms: 1.5 bedrooms per 1.0 apartment unit. No more than 90 garden apartment units shall be two-bedroom units.
(6) 
Maximum height: 30 feet.
(7) 
Maximum net density: 16 dwelling units per acre.
(8) 
Maximum number of units per structure or building: 16.
(9) 
Minimum number of parking spaces:
(a) 
One-bedroom units: 1.75 spaces per unit.
(b) 
Two-bedroom units: 2.25 spaces per unit.
(10) 
Minimum dwelling unit size:
(a) 
One-bedroom units: 900 square feet.
(b) 
Two-bedroom units: 1,000 square feet.
(11) 
A PRD project shall not contain more than 33% garden condominiums.
(12) 
Minimum distance between a garden condominium structure and other types of housing lots: 50 feet.
(13) 
Minimum distance between a garden condominium structure and other types of housing structures: 75 feet.

§ 255-111 Regulations in PRD-4 Planned Residential Development (Four Units Per Acre) Zone.

[Added 12-11-1990 by Ord. No. 90-14[1]]
A. 
The purpose of a PRD-4 Planned Residential Development (Four Units Per Acre) Zone District is to permit the creation of single-family attached housing but at a lesser density than permitted in a PRD Planned Residential Development Zone District. This lesser-density district will serve to balance the Township and regional housing needs with the ecological and environmental concerns for this area.
B. 
Specific standards. All of the regulations of § 255-115, Planned residential development standards, and the Schedule of Limitations of Article XIV shall apply, except that the gross density units per acre shall be 4.0 units per acre.
[1]
Editor's Note: The provisions of this ordinance supersede former § 116-99.1, Regulations in PRD-5 Planned Residential Development (Five Units Per Acre) Zone, added 12-30-1985 by Ord. No. 85-6.

§ 255-112 Regulations in PRD-IH Planned Residential Development - Inclusionary Housing Zone.

[Added 10-5-1987 by Ord. No. 87-18]
The following regulations apply in the PRD-IH Planned Residential Development — Inclusionary Housing Zone:
A. 
Permitted principal uses shall be as follows:
(1) 
Multifamily dwellings.
B. 
Permitted accessory uses shall be as follows:
(1) 
Private garages.
(2) 
Private recreation facilities.
(3) 
Other uses normally accessory to the permitted principal use.
C. 
Conditional uses shall be as follows:
(1) 
None.
D. 
Development standards and requirements shall be those of the PRD planned residential development standards, § 255-115, unless as otherwise required herein according to the following:
(1) 
Inclusionary housing: a minimum of 27 low- and moderate-income housing units shall be developed.
(2) 
Height: 35 feet or three stories.
(3) 
Parking: spaces for low- and moderate-income housing are as follows: 1.50 per efficiency; 1.75 per one bedroom; 2.00 per two bedrooms; and 2.50 per three bedrooms.
(4) 
Multifamily dwelling requirements:
(a) 
The minimum lot coverage (impervious surface, i.e., paving and structures) shall not exceed 60% of the tract.
(b) 
A maximum number of 12 residential dwelling units shall be permitted in each building.
(c) 
The maximum building length along one plane is 180 feet and along two planes is 240 feet.
(d) 
The minimum distance between structures shall be 1 1/2 times the height or 30 feet, whichever is the lesser. Front-to-front distance between buildings shall be three times the building height or 70 feet, whichever is the lesser.
(e) 
The minimum dwelling unit size for low- and moderate-income units shall be: one bedroom, 600 square feet; two bedrooms, 700 square feet; and three bedrooms, 900 square feet.
(5) 
Aesthetics. The lower-income housing units shall be designed and constructed in such a manner that they are in substantial visual and aesthetic conformance with other housing units in the tract.
(6) 
Interspersal. Lower-income units shall be interspersed with similar type housing.
(7) 
Unless provided to the contrary herein, the site design standards shall follow and be subject to the applicable Site Plan and Subdivision Ordinances,[1] procedures, regulations, standards and guidelines as required for preliminary and final site plan review and other applicable Township ordinances, which are incorporated herein by reference.
[1]
Editor's Note: See Art. VIII, Site Plan Review and Conditional Uses, and Art. VII, Subdivision, respectively, of this chapter.
E. 
Controls on affordability and occupancy. Any application for inclusionary housing development shall include a plan detailing the method which shall be used to ensure that low- and moderate-income units shall be sold only to low- and moderate-income households for a period of not fewer than 20 years from the date of initial occupancy. Such plan shall be subject to review and approval by the Township of Independence and/or the New Jersey Housing and Mortgage Finance Agency, hereinafter the "Agency," with which the Township may enter into a contractual agreement to administer controls on affordability. Such plan shall contain all of the requirements set forth in this section, as well as any regulations consistent with this section which may be adopted by the Township as may be required by the NJCOAH and/or the Agency. Cost of administering controls on affordability and occupancy shall be borne by the applicant.
(1) 
Resale controls shall be embodied in a deed restriction on the property which shall be submitted by the developer at the time of preliminary site plan approval and shall be subject to review and approval by the Township and/or the Agency. All deed restrictions shall be consistent with the requirements of this section and any and all regulations adopted pursuant hereto.
(2) 
Any plan for controlling the resale of low- and moderate-income units shall adhere to the following requirements:
(a) 
Annual indexed increases. The price of an owner-occupied housing unit of affordable housing units may increase annually based on the percentage increase in median income for each housing region as determined from the uncapped Section 8 income limits, published by HUD, or other recognized standard adopted by the NJCOAH that applies to the housing unit.
(b) 
Procedures of resale. Persons wishing to sell affordable units shall notify the agency responsible for assuring affordability of the intent to sell. If no eligible buyer enters a contract of sale for the unit within 90 days of notification, the Township shall have the option to purchase the unit within 90 days of notification; the Township shall have the option to purchase the unit for the maximum price permitted based on the regional increase in median income as defined by HUD or other recognized standard adopted by the NJCOAH. If the Township does not purchase the unit, the seller may apply for permission to offer the unit to non-income-eligible households at the maximum price permitted. The seller shall document efforts to sell the unit to an income-eligible household as part of this application. If the request is granted, the seller may offer low-income housing to moderate-income households and moderate-income housing units to households earning in excess of 80% of median. In no case shall the seller be permitted to receive more than the maximum price permitted. In no case shall a sale pursuant to this section eliminate the resale controls on the unit or permit any subsequent seller to convey the unit except in full compliance with the terms of N.J.A.C. 5:92-12.
(3) 
Eligible capital improvements. Property owners of single-family, owner-occupied housing may apply to the Agency for permission to increase the maximum price for eligible capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household. In no event shall the maximum price of an improved housing unit exceed the limits of affordability for the larger household. Property owners shall apply to the Agency if an increase in the maximum sales price is sought.
(4) 
Impact of foreclosure on resale. A judgment of foreclosure or a deed in lieu of foreclosure by a financial institution regulated by state and/or federal law shall extinguish controls on affordable housing units, provided that there is compliance with the following subsection:
(a) 
Notice of foreclosure shall allow the Township to purchase the affordable housing unit at the maximum permitted sales price. Failure of the Township to purchase the affordable housing unit shall result in NJCOAH adding that unit to the municipal present and prospective fair-share obligation.
(b) 
Excess proceeds upon foreclosure. In the event of a foreclosure sale, the owner of the affordable housing unit shall be personally obligated to pay to the Township, through the Agency responsible for assuring affordability, any surplus funds but only to the extent that such funds exceed the difference between the maximum price permitted at the time of foreclosure and the amount necessary to redeem the debt to the financial institution, including costs of foreclosure.
(5) 
Initial pricing of low- and moderate-income units.
(a) 
The initial price of a low- and moderate-income, owner-occupied, single-family housing unit shall be established so that after a downpayment of 10%, the monthly principal, interest, taxes, insurance and condominium fees do not exceed 28% of an eligible gross monthly income. The following criteria shall be considered in determining sale prices:
[1] 
Efficiency units shall be affordable to one-person households.
[2] 
One-bedroom units shall be affordable to two-person households.
[3] 
Two-bedroom units shall be affordable to three-person households.
[4] 
Three-bedroom units shall be affordable to five-person households.
(b) 
Housing units that satisfy the criteria in Subsection E(5)(a)[1] through [4] above shall be considered "affordable."
(c) 
Median income by household size shall be established by the uncapped Section 8 income limits, published by HUD, or other recognized standard adopted by the NJCOAH that applies to the housing unit.
(d) 
The proposed prices of low- and moderate-income units and the calculations by which those prices have been established shall be submitted to the Township as part of the application for preliminary site plan approval. Nothing contained herein shall prevent any applicant from qualifying purchasers on the basis of a mortgage interest rate established through the use of Agency financing or through the use of mortgage buydowns or adjustable rate mortgages, provided that any such buydown or mortgage provides for an annual increase or mortgage interest rate of no more than 1/2 of 1%.
(6) 
Range of affordability for purchased housing.
(a) 
The average price of low- and moderate-income units within an inclusionary development shall be, as best as practicable, affordable to households at 57.5% of median income, as adopted by COAH.
(b) 
In devising a range of affordability for purchased housing, as required in Subsection E(6)(a) above, the development shall provide, as best as practicable, for the following distribution of prices for every 20 low- and moderate-income units:
[1] 
For low-income units, the proposed pricing stratification shall be as follows: one at 40% through 42.5%; three at 42.6% through 47.5%; and six at 47.6% through 50%.
[2] 
For moderate-income units, the proposed pricing stratification shall be as follows: one at 50.1% through 57.5%; one at 57.6% through 64.5%; one at 64.6% through 68.5%; one at 68.6% through 72.5%; two at 72.6% through 77.5%; and four at 77.6% through 80%.
(c) 
For initial occupancy, priority shall be given to households that fall within the median income categories delineated in Subsection E(6)(b) above.
(7) 
Phasing schedule. Low- and moderate-income housing units within inclusionary developments shall be built in accordance with the following schedule:
Minimum Percentage of Low- and
Moderate-Income Units Completed
Percentage of Market
Housing Units Completed
0
25
10
25 plus 1 unit
50
50
75
75
100
90
—
100
(8) 
Bedroom distribution. The low and moderate housing component within inclusionary developments must meet the following bedroom distribution requirements:
(a) 
At a minimum, 35% of all low- and moderate-income units shall be two-bedroom units.
(b) 
At a minimum, 15% of all low- and moderate-income units shall be three-bedroom units.
(c) 
No more than 20% of all low- and moderate-income units may be efficiency units.
(9) 
Occupancy preference and selection. For all low- and moderate-income housing units provided in inclusionary developments, with respect to initial occupancy, all of the units will be first made available to those low-and moderate-income households that reside in substandard housing in Independence Township. Secondly, remaining units shall be made available to income-eligible households that reside in Independence Township or work in Independence Township and reside elsewhere. These three types of households shall be offered contracts of sale and/or lease first and before other eligible households. After the above households have been afforded the opportunity to purchase or lease units, the remaining income-eligible applicants not yet under contract shall be pooled and offered contracts. Within all rounds of applicant selection, random selection of eligible applicants should prevail.
(10) 
Affirmative marketing requirements. All developers shall develop an affirmative marketing plan which shall outline the methods to be used in reaching all segments of the eligible population. The plan must include special outreach steps which will be taken to attract low- and moderate-income households.
(a) 
All developers of low- and moderate-income housing units shall affirmatively market said units to persons of low and moderate income, regardless of race, color, sex, religion or national origin.
(b) 
To that end, the developer shall formulate and submit an affirmative marketing plan acceptable to the Township pursuant to the rules of the NJCOAH, which plan shall be incorporated as a condition of approval of the development application. Said plan shall describe how low- and moderate-income housing is to be marketed, applicants screened, occupancy offered and income-eligible households selected.
(c) 
At a minimum, the plan shall provide for media advertisement in newspapers with general circulation in the following four-county region: Hunterdon, Middlesex, Somerset and Warren Counties. This plan shall also provide for advertisements in publications of limited circulation, such as Township newspapers, neighborhood-oriented weekly newspapers, religious publications and publications of local real estate industry groups. For each of the media identified, the developer shall indicate:
[1] 
The name of the media.
[2] 
The type (e.g., classified or display) and size of the newspaper advertisement and the initial date of its appearance. If no copies are available at the time the plan is being prepared, the applicant shall submit them as soon as possible after the plan has been approved.
[3] 
The frequency and length of any such advertising.
(d) 
The plan shall require the developer to notify the following agencies on a regular basis of the availability of low- or moderate-income units: the Urban Leagues, NAACP and housing coalitions operating in the four counties of the Township's housing region and other fair housing centers, housing referral organizations, government social service and public welfare departments and community-based civic and church-sponsored organizations located in these counties and other groups as may be identified by the Township prior to approval of the developer's proposed affirmative marketing plan.
(e) 
The developer shall use a brochure as part of the total marketing program. Brochures can be tailored to meet specific housing information needs of those persons who are members of groups identified as least likely to apply for the housing. The brochure can also contain a greater quantity of information about the development than that contained in mass media advertising. A brochure should include a range of information which influences decisions regarding housing choice, e.g., price, proximity to schools, transportation, shopping and employment centers and the availability of medical facilities for disabled persons. The brochure should communicate the developer's equal housing opportunity policy.
(f) 
The affirmative marketing program shall identify and market to low- and moderate-income households currently residing in substandard housing, commonly referred to as the "indigenous needy of Independence." The developer may seek the assistance of Township officials, Tax Assessors or others in this phase of the program.
(g) 
All advertisements shall conform to applicable affirmative action, equal opportunity and nondiscrimination laws of the federal and state government. Proof of publication shall be submitted to ensure compliance with said plan.
(h) 
The affirmative marketing program shall commence at least 90 days before issuance of either temporary or permanent certificates of occupancy and shall continue until all low- and moderate-income housing units are under contract of sale and/or lease.
(11) 
Other reporting requirements.
(a) 
Developers shall submit quarterly reports to the Township detailing the number of low- and moderate-income households who have signed leases or purchase agreements, as well as the number who have taken occupancy of lower-income units, including household size, number of bedrooms in the unit, sales price and monthly carrying costs, or in the case of rental units, the monthly rental charges and utility costs.
(b) 
The developer's responsibilities hereunder shall expire automatically with respect to purchased low- and moderate-income units within the particular development if sold by the developer.
(c) 
With respect to rented low- and moderate-income units, the developer's responsibilities shall be assumed by the landlord and shall be performed by the landlord so long as such unit is a low- or moderate-income unit and subject to the restrictions of this section.
(12) 
Application procedure for development in the PRD-IH Zone.
(a) 
An applicant for development in the PRD-IH Zone shall submit the required plans and documents to the Township approving agency for review and approval as required by the Township Municipal Land Use Procedures Ordinance. The Township approving agency shall distribute the plans to those agencies required by law to review and/or approve development plans and to Township agencies which normally review development plans.
(b) 
The Township approving agency shall hold a public hearing on the application not less than 30 days nor more than 45 days from the date of submission of a complete application. Approvals shall be governed by the provisions of N.J.S.A. 40:55D-46 and N.J.S.A. 40:55D-48.
(13) 
Any site plan approved under the authority of this section shall be conditioned upon approval of the Township Fair Share Plan, Housing Element and PRD-IH Site Plan by the New Jersey Council on Affordable Housing or Court having jurisdiction of this section and the Township's implementation of its fair-share obligations.

§ 255-113 Regulations in PSCRD Planned Senior Citizen Residential Development Zone.

[Added 11-10-1998 by Ord. No. 98-4]
The purpose of a PSCRD is to permit the creation of various types of senior citizen housing to meet the growing housing needs of this segment of the region's population in a location appropriate for this type development. The following regulations shall apply in the Planned Senior Citizen Residential Development (PSCRD):
A. 
Permitted principal uses shall be as follows:
(1) 
One-family dwellings according to R-2 Zone regulations.
(2) 
Farms. Customary agricultural and horticultural uses, including such shelter as may be required for seasonal farm labor. Customary agricultural and horticultural uses shall include the raising, hauling or sale of feed or bedding customarily used in a farming operation and the retail sale of farm products.
(3) 
Planned senior citizen residential development according to development standards set forth herein.
B. 
Permitted accessory uses shall be as follows:
(1) 
Home occupation in a single-family detached dwelling.
(2) 
Home professional office in a single-family detached dwelling.
(3) 
Roadside stands for farms.
(4) 
Private garages.
(5) 
On-site parking.
(6) 
Private recreation.
C. 
Conditional uses shall be as follows:
(1) 
None.
D. 
PSCRD development standards.
(1) 
The minimum property size is 40 acres.
(2) 
There are public water and sewer facilities.
(3) 
There is access to an arterial or collector type street.
(4) 
Housing standards.
(a) 
The total number of housing units, exclusive of nursing home beds or assisted-living facility units, shall not exceed 275.
(b) 
A nursing home or assisted-living facility shall not be developed in a critical area.
(5) 
Housing types and uses permitted.
(a) 
Single-family detached
(b) 
Townhouse.
(c) 
Garden apartment.
(d) 
Nursing home.
(e) 
Assisted-living facility.
(6) 
Standards for each townhouse and/or garden apartment building:
(a) 
Minimum front yard setback: height of building, but not less than 30 feet.
(b) 
Minimum side yard setback: height of building, but not less than 25 feet.
(c) 
Minimum rear yard setback: height of building, but not less than 50 feet.
(d) 
Maximum height: 30 feet.
(e) 
Minimum distance between buildings: 1.5 times the building height, but not less than 50 feet.
(f) 
Minimum distance to common driveways and/or parking areas: 15 feet.
(g) 
No townhouse building shall contain more than eight dwelling units.
[1] 
Minimum dwelling unit size: 1,000 square feet.
[2] 
Maximum dwelling unit size: 1,600 square feet.
[3] 
Maximum number of bedrooms: two.
(h) 
No garden condominium shall contain more than 16 dwelling units.
[1] 
Minimum dwelling unit size: 800 square feet.
[2] 
Maximum dwelling unit size: 1,200 square feet.
[3] 
Maximum number of bedrooms: two.
(7) 
Standards for nursing home and assisted-living facility housing:
(a) 
There shall be a minimum lot area of five acres for exclusive use for either the nursing or assisted-living housing.
(b) 
Minimum front yard setback: height times number of stories but not less than 50 feet.
(c) 
Minimum side yard setback: height times number of stories, but not less than 50 feet.
(d) 
Minimum rear yard setback: height times number of stories, but not less than 50 feet.
(e) 
Maximum height: 30 feet.
(f) 
Minimum distance between buildings: twice the building height.
(g) 
No assisted-living facility shall contain more than 20 units per acre.
(h) 
No nursing home shall contain more than 25 beds per acre.
(i) 
Minimum building distance to parking area: 25 feet.
(8) 
Standards for senior citizen single-family homes shall conform to the R-1/2 Zone district requirements.
(9) 
Tract impervious coverage.
(a) 
Maximum building coverage: 15%.
(b) 
Maximum lot coverage: 30%.
(10) 
Off-street parking.
(a) 
Townhouse/townhome.
[1] 
One bedroom: 1.0 spaces.
[2] 
Two-bedrooms: 1.3 spaces.
[3] 
Three-bedrooms: 1.4 spaces.
(b) 
Garden condominium.
[1] 
One-bedroom: 1.0 spaces.
[2] 
Two-bedrooms: 1.3 spaces.
[3] 
Three-bedrooms: 1.4 spaces.
(c) 
Nursing home: one space per two beds.
(d) 
Assisted-living facility One space per two living units.
(e) 
Each townhouse unit shall provide at least one garage parking space.
(f) 
A driveway to a garage shall not be counted as a parking space.
(11) 
Interior, development roadways, parking areas, driveways, dwelling entranceways and pedestrian walks shall be provided with sufficient illumination to minimize hazards to pedestrians and motor vehicles utilizing the same and shall, where necessary, be shielded to avoid disturbing glare to occupants of buildings and shall be in conformity with the recommendations based on a survey by the Jersey Central Power and Light Company.
(12) 
Energy conservation requirements. The design of the PSCRD shall conform to all applicable local, county, state and federal energy conservation requirements. The design, layout and orientation of structures should be undertaken to maximize energy conservation and solar access.
(13) 
If located abutting existing residences or property zoned residential, there shall be provided screening which shall shield the view and activities from such abutting properties according to § 255-88B of the Zone Ordinance.
(14) 
All buildings shall be at least 100 feet from the tract property line.
(15) 
A fifty-foot buffer strip along the upper edge of the canal prism shall be provided. A required setback may be reduced up to 50% if it abuts a required buffer.
(16) 
Conformance to § 255-57 of the Land Development Ordinance, findings regarding planned improvements.
(17) 
Open space and recreation requirements. There shall be dedicated irrevocably for use as a common space within the PSCRD for the benefit of the residents of such development and the municipality an area or areas shown on the subdivision/or and site plan of the entire development and approved by the Land Use Board. That area (or areas) shall conform to the following:
[Amended 2-13-2007 by Ord. No. 2007-07]
(a) 
At least 10% of the total tract shall be reserved for common recreation exclusive of the yards, buffers or setbacks required for housing units.
(b) 
There shall be at least one contiguous parcel of common open space, having direct access to one or more public streets or common roadways in at least two places, each with a frontage of at least 50 feet, having a minimum area of two acres of land, suitable for improved recreational use, at least 50% of which shall be improved for recreational purposes by the installation of facilities and/or equipment, such as, by way of illustration but not of limitation, swimming pools, tennis, handball or squash courts, golf facility and similar improvements. None of such facilities shall be placed so that any part thereof is within 150 feet of any residential building. A swimming pool facility shall be installed and may be restricted to the exclusive use of PSCRD residents and their guests.
(c) 
Usable common open space shall be developed and improved in accordance with the declared proposals set out in the developer's approved subdivision and/or site plan of the entire development in a manner and rate consistent with the development of the tract. The developer shall complete various stages or portions of the improved common open space and facilities to be constructed thereon prior to final subdivision plat approval of any section of the PSCRD.
(d) 
Where natural or historic features exist on the tract, such areas shall be retained and designed as an integral part of the plan by providing open access to the areas and orienting housing and locating street access in a way which uses these areas as focal points within the development.
(e) 
Floodplains, wooded areas and areas with slopes exceeding 25% may be included as natural features to be evaluated as part of the open space design. However, due to their limited utility, floodplains and slopes exceeding 25% shall count as 1/2 acreage credit in determining compliance with the required amount of open space area dedication. Undrained swamp land shall not qualify for inclusion as open space; nor shall any land be included unless reasonable provision is made by the developer for the drainage of surface waters therefrom to prevent erosion thereof or of abutting properties. Land subject to aboveground storm drainage shall not be included in the minimum open space requirements. Land subject to aerial utility line easements shall not comprise more than 33% of the minimum open space requirements, provided that said easements are a minimum of 200 feet wide and any aerial lines therein are a minimum 25 feet above finished grade.
(f) 
All or part of open spaces and recreation areas may be offered for dedication to the Township, but the Township shall not be obligated to accept the same. All such open space and recreation areas not accepted by the Township shall be conveyed irrevocably to a duly incorporated property owners' association, which shall be responsible to properly maintain perpetually all of such common open space, pay all taxes assessed to the land constituting the same as well as any improvements thereon and supervise all activities conducted thereon, it being understood that the municipality shall have no obligation whatsoever in connection with such open space and recreation areas other than normal municipal services furnished to the public in general.
(g) 
The deed of conveyance of such open space and recreation areas to the property owners' association shall contain a restricting covenant limiting such land to the common use of home owners within the PSCRD for the purposes initially approved by the Land Use Board. Said deeds shall also contain a restriction that said lands may not be sold or disposed of by the association, except to another organization formed to own and maintain said open space and recreation areas without first offering to dedicate the land to the municipality or another government agency.
(h) 
Prior to the sale of any lots within the PSCRD, the developer shall execute and record a declaration of covenants and restrictions (after approval thereof by the Attorney for the Land Use Board as to form and by the Land Use Board as to adequacy) by the terms of which all lands within the PSCRD and the owners thereof shall be, at all times, bound to an annual assessment according to an equitable formula based upon lot ownership to meet the expenses of maintaining the open space and recreation space and all facilities therein. Such declaration of covenants and restrictions shall contain clear, unequivocal provisions creating an enforceable lien in favor of the property owners' association upon each and every lot within the development (regardless of whether or not a home shall have been constructed thereon and whether or not the vacant lot shall have been sold by the developer) for any unpaid annual assessment by the property owners' association. The declaration of covenants and restrictions shall also make the Township of Independence a party thereto, granting to the municipality express power to compel the association to perform its obligation relative to the maintenance of the common open space and all facilities thereon and providing that, in case of default by the association, the municipality, subject to the giving of notice and hearings provided in N.J.S.A. 40:55D-43, shall cause such work to be done as may be reasonably necessary to properly maintain such common land and facilities, and in addition, the municipality, in the event of failure of the association to maintain the open space and recreation areas in a reasonable condition, shall have the right, after notice and hearing as provided in N.J.S.A. 40:55D-43, to maintain said open space and recreation areas from year to year and to charge the cost thereof ratably against each and every lot in the development for its proportionate share. Such charges shall be a tax lien upon such properties payable with the taxes. The declaration shall also provide that each deed for each lot shall contain a specific covenant to run with the title to such lot, obligating the owner to promptly pay the annual assessments of the property owners' association and providing for a lien therefor upon the lot until paid.
(i) 
Certified copies of the certificate of incorporation of the property owners' association, its bylaws, the declaration of covenants and restrictions therein to be contained, as well as any general declaration of restrictions, protective covenants and other documents to affect title and/or the implementation of the administration of the open space and recreation areas within the PSCRD, shall be submitted to the Land Use Board for approval and filed with the Township Clerk prior to final plat approval of the first section of the cluster development by the Land Use Board. The declaration of covenants and restrictions and any general declaration restricting the use and yard requirements of the individual lots shall be recorded in the office of the County Clerk.
(j) 
The implementation of a PSCRD shall be planned so as to coordinate the improvement of open space and recreation areas and the construction of dwelling units so that development of each use shall proceed at the same rate or in the same proportion. To ensure compliance with this subsection, the Township Engineer shall, prior to final plat approval of each section of the PSCRD, review for said development and examine the construction which has taken place on the site. If he shall find that the development has not taken place in accordance with the approved site plan, then he shall report such fact to the Land Use Board, which shall not approve the final plat.

§ 255-114 Cluster development.

[Added 7-8-2003 by Ord. No. 03-11]
A. 
The purpose of cluster development is to permit the creation of single-family detached dwellings on smaller lots than would otherwise be permitted in order to create open space in usable areas and quantities, preserve desirable natural features and tree cover and encourage high quality of lot layout, planning and land designs which will stabilize and enhance the character of the district of which they are a part.
B. 
Standards and requirements.
(1) 
The minimum land area is a land area of 25 acres or more.
(2) 
Maximum number of lots. In no event shall the maximum number of lots achievable by cluster development exceed the maximum number of lots that could be obtained by noncluster or conventional development consistent with zoning and subdivision requirements in this Land Development Ordinance and applicable county and state requirements, except that this provision shall not apply to the developer's acquisition of additional building lots as provided in § 255-114C(10) herein.
(3) 
Uses. Only detached single-family homes can be constructed in a cluster development plus common recreation and open space.
(4) 
The minimum size of a single-family lot can vary; however, no lot shall be less than one acre and conform to the R1 Zone District requirements.
(5) 
Underground utilities. The entire project shall be designed and constructed to provide utility services, including stormwater drainage, electric, telephone and, where desired, CATV cables, all of which shall be installed underground. In cases where the Land Use Board, because of soil conditions or other special physical site problems, shall determine that this requirement would be unreasonable or not feasible, the Land Use Board may waive the underground installation requirement as to one or more of such utility services.
[Amended 2-13-2007 by Ord. No. 2007-07]
(6) 
Improvements. Streets, curbs, sidewalks, shade trees and other improvements normally required by Article VII shall be provided as required by the Land Use Board of the Township of Independence.
[Amended 2-13-2007 by Ord. No. 2007-07]
C. 
Open space. There shall be irrevocably dedicated common space, within the cluster development, for the benefit of the residents of such development and the municipality. Open space area or areas shall be shown on the subdivision and site plan of the entire development and approved by the Land Use Board. That area (or areas) shall conform to the following:
[Amended 2-13-2007 by Ord. No. 2007-07]
(1) 
The total area of such common open space shall be not less than 20% of the gross land area of the entire cluster development.
(2) 
There shall be at least one contiguous parcel of common open space having direct access to one or more public streets in at least 50 feet having a minimum area of four acres of well-drained land, not to exceed 5% finished slope, suitable for recreational use, at least 50% of which shall be improved for active recreational purposes by the installation of facilities and/or equipment, such as, by way of facilities and/or equipment, such as, by way of illustration but not of limitation, swimming pools; tennis, handball or squash courts; golf courses; play fields for team sports; children's playground equipment; and similar improvements. None of such facilities shall be placed so that any part thereof is within 100 feet of any street or residential property line. Usable common open space shall be developed and improved in accordance with the declared proposals set out in the developer's approved subdivision and site plan of the entire development in a manner and rate consistent with the development of the subdivision. The developer shall complete the improved open space and facilities to be constructed thereon prior to issuance of 50% of the certificates of occupancy for any phase of the cluster development.
(3) 
All land to be devoted to common open space shall be reasonably usable for the purpose proposed.
(4) 
All or part of such common open spaces may be offered for dedication to the Township or other appropriate public body, as approved by the Township Committee. The Township shall not be obligated to accept the same. All common open space not accepted by the Township shall be conveyed irrevocably to a duly incorporated property owners' association which shall be responsible to properly maintain perpetually all of such common open space, pay all taxes assessed to the land constituting the same as well as any improvements thereon and supervise all activities conducted thereon, it being understood that the municipality shall have no obligation whatsoever in connection with such common open space other than normal municipal services furnished to the public in general.
(5) 
The deed of conveyance of such common open space to the property owners' association shall contain a restricting covenant limiting such land to the common use of the home owners within the cluster development, for the purposes initially approved by the Land Use Board. Said deeds shall also contain a restriction that said lands may not be sold or disposed of by the association, except to another organization formed to own and maintain said common open space, without first offering to dedicate the land to the municipality or another government agency.
(6) 
Open space shall be governed by § 255-58 of the Land Development Ordinance, standards for the establishment of open space organization.
(7) 
Prior to the sale of any lots within the cluster development, the developer shall execute and record a declaration of covenants and restrictions (after approval thereof by the attorney for the Land Use Board as to form and by the Land Use Board as to adequacy) by the terms of which all lands within the cluster development, and the owners thereof, shall be, at all times, bound to an annual assessment, according to an equitable formula, based upon lot ownership, to meet the expenses of maintaining the common open space and all facilities therein. Such declaration of covenants and restrictions shall contain clear, unequivocal provisions creating an enforceable lien in favor of the property owners' association upon each and every lot within the development (regardless of whether or not a home shall have been constructed thereon, and whether or not the vacant lot shall have been sold by the developer) for any unpaid annual assessment by the property owners' association. The declaration of covenants and restrictions shall also make the Township of independence a party thereto, granting to the municipality express power to compel the association to perform its obligation relative to the maintenance of the common open space and all facilities thereon, and providing that, in case of default by the association, the municipality, subject to the giving of notice and hearings provided in N.J.S.A. 40:55D-43, shall cause such work to be done as may be reasonably necessary to properly maintain such common land and facilities, and in addition, the municipality, in the event of failure of the association to maintain the common open space in a reasonable condition, shall have the right, after notice and hearing as provided in N.J.S.A. 40:55D-43, to maintain said common space from year to year and to charge the cost thereof ratably against each and every lot in the development for its proportionate share. Such charges shall be a tax lien upon such properties payable with the taxes. The declaration shall also provide that each deed for each lot shall contain a specific covenant to run with the title to such lot, obligating the owner to promptly pay the annual assessments of the property owners' association and providing for a lien therefor upon the lot until paid.
(8) 
Certified copies of the certificate of incorporation of the property owner's association, its bylaws, the declaration of covenants and restrictions therein to be contained, as well as any general declaration of restrictions, protective covenants and other documents to affect title and/or the implementation of the administration of the common open space within the cluster development shall be submitted to the Land Use Board for approval and filed with the Township Clerk prior to final approval of the first section of the cluster development by the Land Use Board. The declaration of covenants and restrictions and any general declaration restricting the use and yard requirements of the individual lots shall be recorded in the office of the County Clerk.
(9) 
The implementation of a cluster development shall be planned so as to coordinate the improvement of common open space and recreation uses and the construction of dwelling units, so that development of each use shall proceed at the same rate or in the same proportion. To ensure compliance with this subsection, the Township Engineer shall, prior to final plat approval of each section of the cluster residential development, review for said development and examine the construction which has taken place on the site. If he shall find that the development has not taken place in accordance with the approved site plan, then he shall report such fact to the Land Use Board, which shall not approve the final plat.
(10) 
Contribution in lieu of construction of active recreation. In lieu of construction of the active recreation required herein above, the developer may elect, after disclosure of the value of the contribution and with approval by the approving authority, to make a contribution equivalent to the fair market value of the land upon which no active recreation is constructed, together with the cost of the recreational facilities not so constructed in exchange for the within payments, the developer shall be given the right to develop one buildable lot for residential purposes. The fair market value of the land upon which active recreational facilities are not constructed shall be determined by an independent appraiser appointed by the Township for said purpose, the cost of which shall be borne by the developer, and the cost of the recreational facilities not constructed shall be determined by the Land Use Board. All contributions in lieu of construction of active recreation shall be paid to a recreation trust fund maintained by the Township specifically for the periodic purchase, lease, acquisition and/or maintenance of active recreation land and improvements for the use of Township residents. Said contribution shall be paid as follows: 1/2 at the time of final approval and the balance at the time of the issuance of the first building permit. In no event shall any land required to be set aside as open space for passive recreation be subject to the developer's acquisition as herein provided.
D. 
Standards and requirements for tracts with public sewer and water services. Those tracts which are within the service area of, and are to be served by, the Hackettstown Municipal Utilities Authority for public water and sewer may determine the maximum lots that could be obtained by noncluster or conventional development consistent with the R-2 zoning standards and requirements, and zoning and subdivision requirements in this Land Development Ordinance and applicable county and state requirements.

§ 255-115 Planned residential development standards.

A. 
The purpose of a PRD Planned Residential Development Zone District is to permit the creation of single-family attached housing. This type of housing will serve to balance the Township and regional housing supply, a location which may be appropriate for that type of housing.
B. 
Specific standards.
(1) 
The minimum property size is 20 acres.
(2) 
There are public water and sewer facilities.
(3) 
There is immediate access to an arterial- or collector-type street.
(4) 
If located abutting existing residences, there shall be provided screening in the side and rear yards which shall shield the view and activities from such abutting properties according to § 255-88B of the Zone Ordinance.
(5) 
Conformance to § 255-57 of the Land Development Ordinance.
(6) 
Energy conservation requirements. The design of the PRD shall conform to all applicable local, county, state and federal energy conservation requirements. The design, layout and orientation of structures should be undertaken to maximize energy conservation and solar access.
(7) 
Open space and recreation requirements. There shall be dedicated irrevocably for use as a common space within the PRD for the benefit of the residents of such development and the municipality an area or areas shown on the subdivision and site plan of the entire development and approved by the Land Use Board. That area (or areas) shall conform to the following:
[Amended 2-13-2007 by Ord. No. 2007-07]
(a) 
At least 20% of the total tract shall be reserved for common open space and common recreation exclusive of the yards required for housing units.
(b) 
There shall be at least one contiguous parcel of common open space, having direct access to one or more public streets in at least two places, each with a frontage of at least 50 feet, having a minimum area of two acres of well-drained, reasonably level land, suitable for recreational use, at least 50% of which shall be improved for recreational purposes by the installation of facilities and/or equipment, such as, by way of illustration but not of limitation, swimming pools, tennis, handball or squash courts, golf courses, play fields for team sports, children's playground equipment and similar improvements. None of such facilities shall be placed so that any part thereof is within 100 feet of any collector street or residential property line.
(c) 
Usable common open space shall be developed and improved in accordance with the declared proposals set out in the developer's approved subdivision and site plan of the entire development, in a manner and rate consistent with the development of the subdivision. The developer shall complete various stages or portions of the improved common open space and facilities to be constructed thereon prior to final subdivision plat approval of any section of the PRD.
(d) 
Formal recreation activities, such as swimming pools, court games, playgrounds and/or ballfields, shall be installed on a minimum of 10% to the total land area.
(e) 
Where natural or historic features exist on the tract, such areas shall be retained and designed as an integral part of the plan by providing open access to the areas and orienting housing and locating street access in a way which uses these areas as focal points within the development.
(f) 
Floodplains, wooded areas and areas with slopes exceeding 25% may be included as natural features to be evaluated as part of the open space design. However, due to their limited utility, floodplains and slopes exceeding 25% shall count as 1/2 acreage credit in determining compliance with the required amount of open space area dedication. Undrained swamp land shall not qualify for inclusion as open space; nor shall any land be included unless reasonable provision is made by the developer for the drainage of surface waters therefrom to prevent erosion thereof or of abutting properties. Land subject to aboveground storm drainage shall not be included in the minimum open space requirements. Land subject to aerial utility line easements shall not comprise more than 33% of the minimum open space requirements, provided that said easements are a minimum of 200 feet wide, and any aerial lines therein are a minimum 25 feet above finished grade.
(g) 
All or part of open spaces and recreation areas may be offered for dedication to the Township, but the Township shall not be obligated to accept the same. All such open space and recreation areas not accepted by the Township shall be conveyed irrevocably to a duly incorporated property owners' association, which shall be responsible to properly maintain perpetually all of such common open space, pay all taxes assessed to the land constituting the same as well as any improvements thereon and supervise all activities conducted thereon, it being understood that the municipality shall have no obligation whatsoever in connection with such open space and recreation areas other than normal municipal services furnished to the public in general.
(h) 
The deed of conveyance of such open space and recreation areas to the property owners' association shall contain a restricting covenant limiting such land to the common use of home owners within the PRD, for the purposes initially approved by the Land Use Board. Said deeds shall also contain a restriction that said lands may not be sold or disposed of by the association, except to another organization formed to own and maintain said open space and recreation areas without first offering to dedicate the land to the municipality or another government agency.
(i) 
Prior to the sale of any lots within the PRD, the developer shall execute and record a declaration of covenants and restrictions (after approval thereof by the attorney for the Land Use Board as to form and by the Land Use Board as to adequacy) by the terms of which all lands within the PRD, and the owners thereof, shall be, at all times, bound to an annual assessment, according to an equitable formula based upon lot ownership, to meet the expenses of maintaining the open space and recreation space and all facilities therein. Such declaration of covenants and restrictions shall contain clear, unequivocal provisions creating an enforceable lien in favor of the property owners' association upon each and every lot within the development (regardless of whether or not a home shall have been constructed thereon, and whether or not the vacant lot shall have been sold by the developer) for any unpaid annual assessment by the property owners' association. The declaration of covenants and restrictions shall also make the Township of Independence a party thereto, granting to the municipality express power to compel the association to perform its obligation relative to the maintenance of the common open space and all facilities thereon and providing that, in case of default by the association, the municipality, subject to the giving of notice and hearings provided in N.J.S.A. 40:55D-43, shall cause such work to be done as may be reasonably necessary to properly maintain such common land and facilities, and in addition, the municipality, in the event of failure of the association to maintain the open space and recreation areas in a reasonable condition, shall have the right, after notice and hearing as provided in N.J.S.A. 40:55D-43, to maintain said open space and recreation areas from year to year and to charge the cost thereof ratably against each and every lot in the development for its proportionate share. Such charges shall be a tax lien upon such properties payable with the taxes. The declaration shall also provide that each deed for each lot shall contain a specific covenant to run with the title to such lot, obligating the owner to promptly pay the annual assessments of the property owners association and providing for a lien therefor upon the lot until paid.
(j) 
Certified copies of the certificate of incorporation of the property owners' association, its bylaws, the declaration of covenants and restrictions therein to be contained, as well as any general declaration of restrictions, protective covenants and other documents to affect title and/or the implementation of the administration of the open space and recreation areas within the PRD shall be submitted to the Land Use Board for approval and filed with the Township Clerk prior to final plat approval of the first section of the cluster development by the Land Use Board. The declaration of covenants and restrictions and any general declaration restricting the use and yard requirements of the individual lots shall be recorded in the office of the County Clerk.
(k) 
The implementation of a PRD shall be planned so as to coordinate the improvement of open space and recreation areas and the construction of dwelling units, so that development of each use shall proceed at the same rate or in the same proportion. To ensure compliance with this subsection, the Township Engineer shall, prior to final plat approval of each section of the PRD, review for said development and examine the construction which has taken place on the site. If he shall find that the development has not taken place in accordance with the approved site plan, then he shall report such fact to the Land Use Board, which shall not approve the final plat.
(l) 
The design of the recreational facility plan shall be reviewed by the Independence Township Recreation Commission and shall conform to the following standards:
[1] 
Bikeways: six to eight feet in width; hard surface; maximum 10% grade, but lesser grades for sustained distances; and curb ramps installed at street crossings.
[2] 
Playlots: 2,000 square feet for toddlers and up to 5,000 square feet for older preschool children; facilities to include sandboxes, swings, slides and low climbing devices. Benches for parents shall be included.
(8) 
Permitted principal uses shall be as follows:
(a) 
Townhouse-, duplex- or quadplex-type housing units.
(b) 
Zero-lot-line- or patio-home-type units.
(c) 
Single-family homes according to R-1/2 Zone requirements.
(d) 
Townhomes.
[Added 7-13-1993 by Ord. No. 93-8]
(e) 
Garden condominiums.
[Added 7-13-1993 by Ord. No. 93-8]
(9) 
Accessory uses shall be as follows:
(a) 
Open space and recreation.
(b) 
Garages serving the tract's residential units.
(10) 
Density. A PRD shall be developed not to exceed a maximum density of four dwelling units per acre. Excluded from density calculations are:
[Amended 12-11-1990 by Ord. No. 90-14]
(a) 
Lands with slopes of 30% or more.
(b) 
Lands in floodways.
(11) 
Utilities. The entire project shall be designed and constructed to provide utility services, including stormwater drainage, electric, telephone and, where desired, CATV cables, all of which shall be installed underground. In cases where the Land Use Board, because of soil conditions or other special physical site problems, shall determine that this requirement would be unreasonable or not feasible, the Land Use Board may waive the underground installation requirement as to one or more of such utility services.
[Amended 2-13-2007 by Ord. No. 2007-07]
(12) 
Improvements. Streets, curbs, sidewalks, shade trees and other improvements normally required by Article VII and Article X shall be provided as approved by the Land Use Board of the Township of Independence.
[Amended 2-13-2007 by Ord. No. 2007-07]
(13) 
Buffering. The purpose of the buffer shall be to soften the major visual impact of the development to adjacent properties and the public. To meet this objective, the buffer may vary in width and/or planting intensity and plant material depending on existing topography and other conditions. In the absence of an alternate design approved by the Board for an effective buffer, an average buffer at least 75 feet wide shall be established along all existing arterial and collector roads. Said buffer shall at no point be less than 50 feet at any point. This buffer area shall be planted with a mixture of deciduous and evergreen trees and shrubs in a manner approved by the Land Use Board to provide an effective visual screen.
[Amended 2-13-2007 by Ord. No. 2007-07]
(14) 
Circulation. Each PRD shall prepare an overall circulation system including streets (specifying whether they are public or private), pedestrianways and bikeways. If necessary, a condition of approval will be the necessary widening, realignment, drainage, signalization and paving to bring off-tract streets up to collector streets specifications or if necessary to accommodate increased traffic and utilization.
(15) 
Residential design standards.
(a) 
The placement of individual structures and the design of neighborhoods and housing types shall be done in a manner using existing topographic and vegetative characteristics or man-made contours and planting to minimize the visual impact of a large development and to use such features to separate neighborhoods, screen major areas of improvements and soften the visual impact of buildings and paved areas.
(b) 
Individual segments of the residential portion of the PRD may have design densities greater than the maximum density established for the entire tract, provided that sufficient open spaces are dedicated so the average density for the entire project is not exceeded and recreation areas are not reduced. The maximum design densities as outlined below shall be calculated on the area designated for each housing type, including the area for driveways, parking, building locations and yards, but excluding open space dedications.
(c) 
Townhouses, quadplexes, duplexes, townhomes and garden condominiums and other forms of attached units may be developed at a maximum of 12 units per net acre. Such housing units shall be regulated by the following:
[Amended 7-13-1993 by Ord. No. 93-8]
[1] 
Individual townhouse lot requirements:
[a] 
Maximum coverage (building and paving): 50%.
[b] 
Minimum area: 2,400 square feet.
[c] 
Minimum width: 24 feet.
[d] 
Minimum depth: 100 feet.
[e] 
Maximum height: 30 feet.
[f] 
Minimum front yard: 25 feet.
[g] 
Minimum side yard: zero feet for interior units; same as building height for end units.
[h] 
Minimum rear yard: same as the building height.
[i] 
Maximum bedrooms: 10%; three bedrooms.
[j] 
Maximum unit size: three bedrooms.
[k] 
Minimum distance between buildings: twice the building height.
[2] 
Individual duplex/quadplex lot requirements:
Regulation
Duplex
Quadplex
Maximum lot coverage
(building and paving)
45%
45%
Minimum lot area
See Note 1
See Note 1
Minimum lot width
See Note 2
See Note 2
Maximum height
30 feet
30 feet
Minimum lot depth
100 square feet
100 square feet
Minimum front yard
25 feet
25 feet
Minimum side yard
See Note 3
See Note 3
Minimum rear yard
25 feet
25 feet
Maximum design density
6 units per acre
6 units per acre
Maximum size unit
3 bedrooms
3 bedrooms
NOTES:
Note 1
Each unit in a duplex or quadplex shall have 4,000 square feet of land area. For a duplex, this shall be either in the form of one lot of 8,000 square feet for both units or two abutting lots of 4,000 square feet. For a quadplex, there shall be one contiguous area of at least 16,000 square feet, which can be subdivided into smaller lots for individual units.
Note 2
Each duplex shall have a lot width of at least 70 feet and each quadplex 140 feet. The lot width per unit may vary depending on the ability of the design to handle resident and guest parking and maintain setback requirements.
Note 3
Side yards for duplexes and quadplexes shall be zero feet on attached sides, but not less than the equivalent of 0.75 times the building height on the outside wall, provided that a side yard of at least 15 feet is maintained where a driveway is located between the building and the side yard.
[3] 
Individual patio home/zero lot line home requirements:
[a] 
Maximum coverage (building and paving): 40%.
[b] 
Minimum area: 5,000 square feet.
[c] 
Minimum width: 50 feet.
[d] 
Maximum height: 30 feet.
[e] 
Minimum depth: 100 feet.
[f] 
Minimum front yard: 25 feet.
[g] 
Minimum side yard space: zero on one side; equal to the building height on the other side, with a minimum of 15 feet if the driveway passes between the building and the side lot line.
[h] 
Minimum rear yard space: 30 feet.
[i] 
Maximum design density: six units per acre.
[j] 
Maximum unit size: three bedrooms.
[4] 
Townhome requirements: see § 255-110D.
[5] 
Garden condominium requirements: § 255-110E.
(16) 
Off-street parking.
(a) 
The minimum number of parking spaces shall be 2.5 spaces per dwelling unit for townhouses, duplex, quadplex and patio/zero lot line homes.
[Amended 7-13-1993 by Ord. No. 93-8]
(b) 
The minimum number of parking spaces for garden condominiums shall be 1.75 spaces for each one-bedroom unit and 2.25 spaces for each two-bedroom unit.
[Amended 7-13-1993 by Ord. No. 93-8]
(c) 
Separate parking areas shall be designed within the PRD to accommodate boats, campers and other recreational vehicles.
(d) 
A single-width driveway to a garage shall be counted as one space.
(e) 
Dwellings with individual driveways shall have that driveway width at least 10 feet wide.

§ 255-116 Conditional uses.

A. 
Purpose. In recognition of innovations in and changes in the technology of land development which can be beneficial to the future well-being of the Township, but which benefits are unlikely to be realized through the uniform treatment of area, yard and building requirements on a lot-by-lot basis, and also in recognition of certain uses which are necessary to serve the needs and convenience of the Township, but which uses may be or become inimical to the public health, safety and general welfare by reason of their inherent nature and/or operation, special and proper consideration of existing and probable future conditions and characteristics of the surrounding area are required. This article provides that such uses are declared to be conditional uses.
B. 
Requirement. Uses which are specifically authorized in this article as conditional uses may be permitted in the particular zone where authorized, if found appropriate in the specific location and circumstances upon the approval of such conditional use by the Land Use Board and site plan approval. Such conditional use shall adhere to the minimum standards specified for that particular use by the applicable regulations of this article and shall further conform to such other conditions and requirements as may be stipulated in the approval of the conditional use.
[Amended 2-13-2007 by Ord. No. 2007-07]
C. 
Guiding principles and criteria. In its consideration of any application for a conditional use, the Land Use Board shall duly consider and take its action within the frame of reference established by the following guiding principles and criteria:
[Amended 2-13-2007 by Ord. No. 2007-07]
(1) 
Such use shall be one which is specifically authorized as a conditional use in the zone within which such particular site is located.
(2) 
Such use shall not be contrary to the purpose of this article, and such use will be beneficial toward achievement of the Master Plan objectives of the Township.
(3) 
Such use shall adhere to the minimum standards specified for that particular use by the Schedule of Limitations,[1] the specific regulations for conditional uses and all other applicable regulations of this article.
[1]
Editor's Note: The Schedule of Limitations is included at the end of this chapter.
(4) 
The design, characteristics and operation of the use shall be such that the public health, safety and general welfare will be protected.
(5) 
Findings.
(a) 
Findings by the Land Use Board that the conditional use:
[1] 
Will be compatible with the existing and probable future character of the neighborhood.
[2] 
Will conserve the value of neighboring property.
[3] 
Will not impair traffic safety and road capacities.
[4] 
Will enhance the existing physical environment.
[5] 
Will promote the general welfare.
(b) 
For every such use, the Land Use Board shall make its findings supported by evidence produced at a public hearing in the manner provided by law.
(c) 
For every such use, the Land Use Board shall determine that the design and operation of the use shall meet the standards of this chapter and principles of good engineering and design through the process of site plan review in accordance with the site plan provisions of the Land Development Ordinance.
D. 
Specific uses shall be as follows:
(1) 
Public and semiprivate buildings.
(a) 
Public and semiprivate buildings, such as libraries, museums, transportation stations, other private schools, nonprofit recreation clubs, fraternal organizations, eleemosynary uses and other nonprofit uses similar in nature.
(b) 
Minimum lot size is two acres.
(c) 
Bulk requirements:
[1] 
Lot width: 250 feet.
[2] 
Front yard: 65 feet.
[3] 
Rear yard: 50 feet.
[4] 
Side yard: 30 feet.
[5] 
Height: 25 feet.
[6] 
Maximum lot coverage: 30%.
(d) 
If located in a residential zone or abutting existing residences, there shall be provided screening in the side and rear yards, which shall shield the view and activities from such district or abutting properties according to § 255-88B of the Zone Ordinance.
(2) 
Theaters housed in an enclosed building, hotels and motels and bowling alleys.
(a) 
Minimum lot size is two acres.
(b) 
Bulk requirements:
[1] 
Lot width: 250 feet.
[2] 
Front yard: 65 feet.
[3] 
Rear yard: 50 feet.
[4] 
Side yard: 30 feet.
[5] 
Height: 25 feet.
[6] 
Maximum lot coverage: 30%.
(c) 
If located abutting existing residences there shall be provided screening in the side and rear yards which shall shield the view and activities from such abutting properties according to § 255-88B of the Zone Ordinance.
(3) 
Service stations, motor vehicle repair garages and garages providing facilities for service and storage of up to 25 vehicles.
(a) 
Minimum lot size is 30,000 square feet.
(b) 
Bulk requirements:
[1] 
Lot width: 150 feet.
[2] 
Front yard: 50 feet.
[3] 
Rear yard: 30 feet.
[4] 
Side yard: 30 feet.
[5] 
Height: 25 feet.
[6] 
Coverage: 30%.
(c) 
If located abutting existing residences, there shall be provided screening in the side and rear yards, which shall shield the view and activities from such abutting properties according to § 255-88B of the Zone Ordinance.
(4) 
Milk-distributing operation and fuel oil storage and distributing facilities.
(a) 
Minimum lot size is two acres.
(b) 
Bulk requirements:
[1] 
Lot width: 250 feet.
[2] 
Front yard: 65 feet.
[3] 
Rear yard: 50 feet.
[4] 
Side yard: 30 feet.
[5] 
Height: 25 feet.
[6] 
Maximum lot coverage: 30%.
(c) 
If located abutting existing residences, there shall be provided screening in the side and rear yards, which shall shield the view and activities from such abutting properties according to § 255-88B of the Zone Ordinance.
(5) 
Public and nonprofit private schools.
(a) 
Minimum lot size is two acres.
(b) 
Bulk requirements:
[1] 
Lot width: 250 feet.
[2] 
Front yard: 65 feet.
[3] 
Rear yard: 50 feet.
[4] 
Side yard: 30 feet.
[5] 
Height: 35 feet.
[6] 
Maximum lot coverage: 30%.
(c) 
If located abutting existing residences, there shall be provided screening in the side and rear yards, which shall shield the view and activities from such abutting properties according to § 255-88B of the Zone Ordinance.
(6) 
Churches, Sunday schools and other places of worship.
[Amended 7-14-1986 by Ord. No. 86-11]
(a) 
Minimum lot size is five acres.
(b) 
Bulk requirements:
[1] 
Lot width: 350 feet.
[2] 
Front yard: 100 feet.
[3] 
Rear yard: 50 feet.
[4] 
Side yard: 50 feet.
[5] 
Height: 35 feet.
[6] 
Maximum lot coverage: 30%.
(c) 
Accessory uses:
[1] 
Classrooms for intermittent use only.
[2] 
Kitchen for intermittent use only.
[3] 
Office for exclusive use of the spiritual leader of the house of worship such as the minister, rabbi or other clergyperson.
(d) 
If located abutting existing residences, there shall be provided screening in the side and rear yards, which shall shield the view and activities from such abutting properties according to § 255-88B of this article.[2]
[2]
Editor's Note: Former Subsection B(7), Cluster development, as amended, which immediately followed this subsection, was repealed 7-8-2003 by Ord. No. 03-11.
(7) 
Adult establishments.
(a) 
Permitted use: a retail establishment selling publications and other material of a sexual nature.
(b) 
Minimum lot area is 30,000 square feet.
(c) 
Bulk requirements:
[1] 
Lot width: 150 feet.
[2] 
Front yard: 50 feet.
[3] 
Rear yard: 30 feet.
[4] 
Side yard: 30 feet.
[5] 
Height: 25 feet.
[6] 
Coverage: 10%.
(d) 
If located abutting existing residences, there shall be provided screening in the side and rear yards, which shall shield the view and activities from such abutting properties according to § 255-88B of the Zone Ordinance.
(e) 
A new building or structure of such use shall be located no closer than 500 feet from any residential use and no closer than 1,000 feet from any public or private school, church, public recreation facility and any other religious or educational use district.
(f) 
No such use shall be located within 1,500 feet of a similar use.
(g) 
Parking. There shall be one parking space for every 50 square feet of floor area.
(h) 
No materials sold or displayed within the premises shall be visible from any windows or door or within public view from outside the building.
(i) 
All trash, refuse, articles or any matter to be disposed of shall be shredded or cut in such fashion so that the remains shall not be readable, legible or discernable.
(j) 
Construction of all walls and partitions in buildings in which movies, films or shows of any kind are shown shall be subject to the following:
[1] 
In the construction of all walls and partitions in all rooms or booths, material of not less than one-hour fire-resistant time shall be used.
[2] 
All aisles in such establishment shall not be less than 50 inches in width.
[3] 
The light level in such establishments shall not be less than 10 footcandles at floor level.
[4] 
In every room of such establishments there shall be not less than two lighted exits within the constant and unobstructed view of the occupants, which exits shall lead directly to the outside of such building.
(k) 
Signs. The sign identifying the subject property shall be limited to 10 square feet and shall be wall-mounted upon the principal building. The sign shall be limited to lettering indicating the name and address of the facility only.
(l) 
Single use. No building, premises, structure or other facility that contains any adult establishment shall contain any other kind of adult establishment. No building, premises or structure or other facility in which sexually oriented devices are sold, distributed, exhibited or contained shall contain any adult establishment.
(m) 
Nothing contained herein shall be construed to permit the sale or display of obscene material which is prohibited by any other state or local ordinance.
(8) 
Senior citizen housing.
(a) 
Minimum lot size is five acres.
(b) 
Public water supply and sewer system must be available.
(c) 
The following design standards and regulations shall be provided for:
[1] 
No dwelling structure shall be more than two stories above grade level and shall not contain more than two floors of living area.
[2] 
Taking the above tract as an entity, the following standard shall be followed:
[a] 
Tract coverage by building structures shall not exceed 20%. Accessory buildings shall be excluded in the coverage calculations.
[b] 
The number of apartment units shall not exceed eight times the number of acres in the tract or 120 units, whichever is less.
[3] 
No building or structure shall be located within 45 feet of the public street or highway. Every building or structure shall have a minimum setback of 45 feet from the adjoining property lines of the development lot.
[4] 
No building shall be closer than 25 feet to any other buildings, except as allowed by the Land Use Board when this requirement is waived for architectural considerations.
[Amended 2-13-2007 by Ord. No. 2007-07]
[5] 
Each apartment unit shall contain a complete kitchen facility, bathing facility and at least one bedroom, as well as living space. Only bedrooms may be used as sleeping quarters. Each apartment unit shall have a minimum living area of 600 square feet.
[Amended 11-12-1985 by Ord. No. 85-12]
[6] 
No approval shall be granted for a development consisting of less than 24 living units.
[7] 
No building structure shall contain more than 16 apartment units.
[Amended 11-12-1985 by Ord. No. 85-12]
[8] 
Interior roadways, driveways and parking areas shall be constructed of a minimum of a three-inch bituminous-concrete stabilized base course with a one-and-one-half-inch bituminous-concrete surface course of a properly stabilized and compacted subbase.
[9] 
Sidewalks shall be four feet in width and a minimum of three inches of bituminous concrete upon a properly stabilized and compacted subbase; sidewalks can be defined as the pedestrian thoroughfare running parallel to roadways, driveways and parking lots and connecting to or being the principal access to and from the dwellings.
[10] 
If garages are to be provided, they must conform to the same architectural design as the dwelling units.
[11] 
A master antenna or cable service shall be provided.
[12] 
Topsoil shall not be removed from the site during construction, but shall be stored and redistributed to areas within the development most exposed to view by occupants and the public and shall be stabilized against erosion by seeding and planting.
[13] 
At no time shall the total number of senior citizen — handicapped units in all senior citizen — handicapped persons housing developments, in any particular zone, exceed 25% of the number of one-family dwellings in said zone.
[14] 
No senior citizen — handicapped persons housing development shall be contiguous to any other such development.
[15] 
At that time a determination of the number of persons who may safely use this system shall be made. This figure shall be made a part of the occupancy permit.
[16] 
Before any dwelling structure can be occupied, the owner shall secure an occupancy permit from the Construction Code Official. No occupancy permit shall be issued until the dwelling structure has been completed and until all improvements are in place and functioning.
[17] 
The developer shall install as many fire hydrants as may be deemed necessary by the Fire Chief and Township Engineer to adequately protect each building structure.
[18] 
Interior, development roadways, parking areas, driveways, dwelling entranceways and pedestrian walks shall be provided with sufficient illumination to minimize hazards to pedestrians and motor vehicles utilizing the same and shall, where necessary, be shielded to avoid disturbing glare to occupants of buildings and shall be in conformity with the recommendations based on a survey by the Jersey Central Power and Light Company.
[19] 
Interior development roadways shall be not less than 24 feet wide and shall be so designed as to minimize hazards to pedestrians and motor vehicles in and on said roadways and in areas adjacent to said roadways.
[20] 
Driveways to and from interior development roadways shall be 22 feet in width.
[21] 
No parking at any time shall be permitted on interior development roadways.
[22] 
Interior development roadways, driveways, parking areas, steps and sidewalks shall be maintained in safe condition and shall be cleared in winter and, where necessary, sanded.
[23] 
Usable recreation areas. For any group of such buildings there shall be reserved and improved by way of grading, landscaping and seeding (in addition to the minimum space between buildings and off-street parking space herein required) a minimum space equivalent to 25% of the total land area within the site, for usable recreation space.
[24] 
Buffer strip. A landscaped buffer strip shall be established and maintained along all lot lines, other than street lines. Such buffer strips shall be a minimum of 25 feet in width and shall meet the requirements prescribed in § 255-88.
[25] 
If located abutting existing residences, there shall be provided screening in the side and rear yards, which shall shield the view and activities from such abutting properties according to § 255-88B of the Zone Ordinance.
(9) 
Elder cottage housing opportunity (ECHO Housing)
[Added 7-8-1997 by Ord. No. 97-7]
(a) 
Elder cottage housing opportunity (ECHO) units shall be permitted as a conditional use as an accessory structure in all residential zone districts. Each such unit shall consist of a single dwelling unit not to exceed 750 square feet in interior living area, on a single level, constructed so as to be readily removable and owned or provided by a county, state or municipal agency which shall be responsible for its removal.
(b) 
ECHO units may be erected only upon lots on which a single-family residence is already located and may not be constructed within the front yard of any lot. Such units shall be constructed and removed in accordance with all applicable ordinances, statutes and regulations and shall be a conditional use requiring approval of a minor site plan by the Independence Township Land Use Board and which shall, in all other respects, meet the requirements and code provisions of the local Health Officer, Fire Subcode Official and Building Subcode Official of Independence Township, Warren County, New Jersey.
[Amended 2-13-2007 by Ord. No. 2007-07]
(c) 
An ECHO unit shall be permitted only upon approval by the Independence Land Use Board upon application by the owner of the property upon which the principal residence associated with the ECHO unit is located. The approval for the construction and maintenance of any ECHO unit shall be renewable annually upon application of the owner of the property, after certification by the zoning enforcement official of the continuing compliance by the permittee with the conditions of the original issuance of the permit. Notice of application for the original permit shall be served in accordance with the provisions of N.J.S.A. 40:55D-12.
[Amended 2-13-2007 by Ord. No. 2007-07]
(d) 
An ECHO unit shall be occupied by no more than two people who shall be related to each other by blood or marriage, at least one of whom shall be 55 years of age or older or handicapped and unable to live independently, and at least one of whom shall be related by blood, marriage or adoption to one or more of the persons residing in the principal dwelling associated with the said ECHO unit.
(e) 
No ECHO unit shall be permitted to be erected upon any lot unless the lot area shall be at least 15,000 square feet. No ECHO unit shall be erected within the front yard of the lot and when erected in the side yard or rear yard, shall conform to all provisions of the Independence Township Land Development Ordinance establishing minimum side and rear yard setback requirements for principal structures for the zone district in which the lot is located.
(f) 
ECHO units shall conform to all other provisions of the Independence Township general ordinances as to accessory structures and may be manufactured dwelling units, provided that the width or shorter horizontal dimension of the unit shall be no less than 22 feet.
(g) 
Each ECHO unit shall be provided with adequate water supply and sewage disposal arrangements, which may be by means of interconnections with the facilities of the principal residence as approved by the Independence Township Code Enforcement Official and Health Officer, and shall be erected upon a foundation which meets applicable construction codes while allowing complete removal when the need for the unit ends.
(h) 
An ECHO unit shall be removed from the premises within 120 days from the death of the dependent occupant for whom permitted, unless the remaining occupant (if any there be) and the resident in the principal dwelling specifically request from the Land Use Board a continuation of the permit. An ECHO unit shall also be removed within 90 days from the permanent change of residence of the said occupant or occupants. The site shall be restored such that no visible evidence of the unit remains.
[Amended 2-13-2007 by Ord. No. 2007-07]
(i) 
Notwithstanding any other provision of the Independence Township Land Development Ordinance, a minor site plan for the construction of an ECHO unit shall be submitted to the Independence Township Land Use Board for approval prior to the issuance of any permit by the zoning or other code enforcement official. The approval by the Health Code Officer of all water and sewage disposal arrangements shall be required prior to Land Use Board action to approve or deny the application.
[Amended 2-13-2007 by Ord. No. 2007-07]
(j) 
ECHO units may not be constructed or erected within planned-unit or planned-unit residential developments.
(k) 
Any action and any application for approval of an ECHO unit shall include, at a minimum, a sketch plat, which shall be to scale, showing a location of all existing or proposed buildings, structures, drives, walkways and the layout of all utility services, including proposed water and sewer connections, plus landscaping and screening if such are contemplated. A building elevation showing the nature and design of the unit to be constructed or placed upon the property shall accompany the site plan. The site plan sketch shall be of sufficient detail and shall be submitted in sufficient numbers of copies to adequately inform the Land Use Board concerning the proposal. The site plan shall be reviewed by the Land Use Board and the Land Use Board's professional advisors. The site plan sketch shall be endorsed by the governmental agency which will own or provide the ECHO unit.
[Amended 2-13-2007 by Ord. No. 2007-07]
(l) 
No fee shall be required for submittal or review of the site plan. The application shall not be deemed complete until approved by the Health or Sanitation Officer, the Fire Subcode Official and the Building Subcode Official as meeting all applicable standards relevant thereto. Applicable design standards set forth in the Independence Township Land Development Ordinance shall guide the applicant in developing the site plan and the Land Use Board in reviewing it.
[Amended 2-13-2007 by Ord. No. 2007-07]

§ 255-117 Performance standards.

Before the issuance of any building or occupancy permit for any nonresidential use, all of the following minimum standards must be complied with. These technical standards are intended to further define the types of activities permitted in industrial and other nonresidential districts and to create minimum standards which must be met for any and all nonresidential uses within the Township. To the extent that the standards contained herein are less stringent than any standards promulgated by statute, rule or directive of the federal, state or county governments or agencies thereof or by other ordinances of the Township of Independence or Board of Health of the Township of Independence, then, and in that event, the more stringent standard shall be complied with. In all other instances, the standards set forth hereinafter shall be binding. The standards contained hereinafter are minimum ones and shall be applied to ensure initial and continuing compliance by developers of new nonresidential construction and shall be applicable to portions of any existing use which is to be either extended or enlarged. These standards are also applicable to existing industrial uses not applying for extension or enlargement where it is determined that failure to comply may adversely affect the health and safety of the public.
A. 
Fire and explosion hazards. All activities shall be carried on only in structures which conform to the standards of the National Board of Fire Underwriters or the Township Building Code or Fire Ordinance, whichever is more restrictive. All operations shall be carried on and explosive raw materials, fuels, liquids and finished products shall be stored in accordance with the standards of said Board of Fire Underwriters. Every building shall be equipped with automatic sprinklers which conform to the standards of the National Board of Fire Underwriters.
B. 
Smoke; fumes; gases; dust; odors. There shall be no emission of any smoke, fumes, gas, dust or odors. These and any other atmospheric pollutant which is detectible to the human senses at the boundaries of the lot occupied by such use is prohibited.
C. 
Atomic and electronic radiation. Any use involving radiation or radioactive substances shall be permitted only in accordance with Chapter 28 of the New Jersey Administration Code establishing the Bureau of Radiation Protection. No radioactive material shall be discharged in the atmosphere, the sanitary sewer system, streams, groundwater, water supply or surface water. No radioactive material shall be buried or disposed of on the premises.
D. 
Vibration. There shall be no vibration which is discernible to the human sense of feeling beyond the immediate site on which such use is conducted.
E. 
Noise. There shall be no noise emanating from any operation which will be audible to the human sense of hearing beyond the boundaries of the immediate site.
F. 
Appearance. Every building shall be faced on all exterior walls with a veneer material as approved by the Land Use Board.
[Amended 2-13-2007 by Ord. No. 2007-07]
G. 
Liquid or solid wastes.
(1) 
No operation shall discharge wastes of any kind into any reservoir, pond, lake, underground stream or underground water source.
(2) 
The discharge of untreated wastes into a stream is prohibited.
(3) 
All methods of sewage and industrial waste treatment and disposal shall be approved by Township and New Jersey State Health Departments.
(4) 
Effluent from a treatment plant shall at all times comply with the following standards:
(a) 
Maximum five-day biochemical oxygen demand: five parts per million.
(b) 
Maximum quantity of effluent: 10% of the minimum daily stream flow.
(c) 
Maximum five-day biochemical oxygen demand after dilution (BOD) of effluent multiplied by quantity of effluent divided by quantity of stream flow: 0.25 part per million.
(d) 
Maximum total solids: 5,000 parts per million.
(e) 
Maximum phenol: 0.10 part per million.
(5) 
No effluent shall contain any acids, oils, dust, toxic metals, corrosive or other toxic substance, in solution or suspension, which would be discharged into groundwater streams, water supply or surface water.
H. 
Heat. Any operation producing excessive heat shall be performed within an entirely enclosed structure and in such a manner as not to be perceptible at or beyond any property line or boundary of any public right-of-way. Further, no process shall be permitted which would cause temperature to rise in any bodies of water, including ponds, streams, lakes or in groundwater, unless the applicant shall prove to the Land Use Board clearly and convincingly that such increase will have no deleterious effect on the ambient environment.
[Amended 2-13-2007 by Ord. No. 2007-07]
I. 
Glare.
(1) 
From structures. Light from enclosed structures shall be shielded or directed in such a way that glare is not visible at any point on any boundary line, property line or street line.
(2) 
Area lighting. Area lighting, including that used for production activities and protective purposes, driveways, loading and unloading and parking, shall be located so that glare will not be visible at any point to adjoining properties, adjoining districts or to any adjoining public right-of-way.
(3) 
Advertising lighting. The intent of this subsection is to ensure lighting decoration done in a tasteful manner which will not detract from peaceful enjoyment of surrounding areas. Advertising lighting, including all lighting which is used for directing attention, shall be permitted where the source of illumination shines directly toward the sign without producing glare or shines directly toward a building, cluster of shrubs, fountain or other point of interest, not toward any point off the property. No lighting of intermittent intensity or flashing light will be permitted. No lighting will be permitted which is directed skyward solely for the purpose of advertising or drawing the attention of the public.
J. 
Chemical uses. In the interest of the health and safety of the public and for the protection of valuable environmental resources, industrial users of chemical products and process shall maintain, on site, a means of containing effluent from spills, leaks or system breakdowns. Such spills, leaks or breakdowns shall be immediately reported to the Township and state, which shall forthwith inspect the effluent from same. No materials so contained may be discharged or disposed of until after the inspection and approval for discharge or disposal is obtained. A spill or system breakdown is defined as any discharge of chemical waste, products or processing materials not anticipated in the ordinary course of business or of a substance, regardless of quantity, which is inherently dangerous to the public or to the environment.

§ 255-118 Administration and enforcement.

A. 
Prior to the approval of any site plan, subdivision or variance for new construction of nonresidential uses, sufficient information shall be supplied to the Construction Official and Land Use Board concerning the proposed operation of the premises so as to enable a determination to be made as to whether or not the proposed use will be in compliance with the standards set forth in the preceding sections of this chapter. Said information shall be reviewed by the Fire Marshal, Township Planner, Township Engineer, Zoning Officer and Health Officer of the Township, as applicable. Such review shall take place within time frames provided for approval of applications; provided, however, that no application shall be deemed to be complete until such time as the required information has been submitted to the Land Use Board.
[Amended 2-13-2007 by Ord. No. 2007-07]
B. 
If the occupant of a particular structure is not known at the time of application, the property owner shall supply to the Land Use Board at such time as the occupant is known the above required information. In such case, the Land Use Board shall have 20 days to review said information to determine compliance with the provisions of this section. In no case shall a certificate of occupancy be issued for any building until such information is made available to the Construction Official and Land Use Board, and a determination on compliance is made.
[Amended 2-13-2007 by Ord. No. 2007-07]
C. 
Subsequent to the issuance of a certificate of occupancy and within six months thereof, the Planner, Zoning Officer, Health Officer, Fire Marshal, Engineer and Environmental Planner, as applicable, shall inspect the premises to determine that the use does, in fact, conform to the performance standards. Should any of the above officials find that the use does not conform with any of the standards herein, a thirty-day notice for compliance shall be sent to the user by the Zoning Officer. Failure to correct the deficiencies set forth in said notice within the time period ascribed shall constitute prima facie evidence of noncompliance with this section. Each day of noncompliance with said notice after the expiration of the time limits set forth therein shall constitute a distinct and separate violation of this section.
D. 
For the purpose of this section, any change of use or change of occupancy of the structure shall be dealt with as if the structure was a new one.

§ 255-119 Testing procedures and technical assistance.

[Amended 2-13-2007 by Ord. No. 2007-07]
In all cases where the Land Use Board shall deem it advisable to determine whether or not the facility will be in conformation with the application performance standards or other provisions of this chapter, the Land Use Board or its designated representatives shall require adequate testing procedures and shall utilize the expert assistance at the expense of the applicant.

§ 255-120 Split zone districts.

There may be a zone district which allows two types of principal uses. This type district is designated on the zone district map as a split zone, such as R-2/OR. In such a district, either use is permitted, and the regulations of each shall govern respectively.

§ 255-121 Ridgeline protection.

[Added 3-14-2006 by Ord. No. 2006-04]
A. 
Purpose. The purpose of this section is to provide special development criteria for lands with prominent ridgelines, as unique natural and cultural resources of Independence Township. These prominent ridgeline areas are subject to protection to assist and to guide the appropriate use and development of such areas, in order to:
(1) 
Preserve the topographic features and wooded character of the ridgeline areas in as close to their natural state as is reasonably possible.
(2) 
Preserve the scenic views, both from and of, these visually dominating ridgelines.
(3) 
Retain the natural character of the area by minimizing the loss of natural vegetation and tree cover.
(4) 
Encourage construction practices which minimize disturbances of the natural topography and discourage grading activities which cause extensive cuts and fills.
(5) 
Prevent the loss of soil and encourage management practices that minimize the concentration of stormwater runoff and maximize its recharge into the groundwater reserve of the Township, consistent with best management practices and the standards for soil erosion and sediment control in New Jersey.
B. 
Impacts of construction on ridgelines. The measures contained herein are provided for in recognition of the potential negative impacts of construction within areas where prominent ridgelines are present that could result in damage to or destruction of these unique landforms and their scenic and cultural ties to the community. Applicants for development of property that includes a prominent ridgeline are required to locate proposed site improvements (roads, structures, buildings) on portions of the tract that are outside the areas of prominent ridgeline.
C. 
Definitions. The following definitions shall apply for the purposes of this section:
AREA SUBJECT TO RIDGELINE PROTECTION (or RIDGELINE PROTECTION AREA)
Includes those ridgelines depicted on a map entitled "Independence Township Ridgelines"[1] which meet the slope and elevation requirements of a prominent ridgeline. The area subject to ridgeline protection shall extend outward from the lowest topographic crest within a prominent ridgeline 100 feet in all directions. If the area is not fully enclosed by slopes of 20% or greater, then the area subject to ridgeline protection line shall be drawn approximately parallel to the prominent ridgeline but not less than 100 feet in width as measured from the lowest topographic elevation line.
PROMINENT RIDGELINE
A topographic feature consisting of a linear series of topographic crests that can be connected in a series by drawing an imaginary line connecting the points of topographic relief within an area having a slope equal to or greater than 20% at an elevation equal to or greater than 600 feet above sea level.
[1]
Editor's Note: Said map is included at the end of this chapter.
D. 
Applicability. The requirements, guidelines and controls promulgated under this section shall be applicable to all site plan and subdivision applications, and building permits for new construction on previously vacant land, and building permits for construction activity relating to a residential structure that will result in an increase in the square foot calculation of the building footprint of 500 square feet. The Land Use Board shall review all plans submitted under this section as part of any application for site plan or subdivision approval that is pending before said board. Every request for an applicable building permit shall include a topographic feature map which shall be submitted contemporaneously with the application for the building permit to the Township Engineer, together with a review fee in the amount of $250. In such case, no permit for construction shall be issued until and unless the Township Engineer shall have determined that there is no area subject to ridgeline protection within the area to be constructed upon. Appeal from a determination that a prominent ridgeline is affected by the proposed construction shall be to the Township Committee, who shall immediately refer the matter for hearing before the Land Use Board of Independence Township. The Land Use Board shall hear and decide the appeal within 45 days from the date of referral from the Township Committee and shall take action to approve the plan, reject the plan or approve the plan with conditions, which decision shall be memorialized through a resolution of the Land Use Board. Appeal from the determination of the Land Use Board shall be in accordance with the law and court rules relating to appeals from action of a Planning Board.
[Amended 2-13-2007 by Ord. No. 2007-07]
E. 
Relief from requirements. In the event it shall be determined that a Prominent Ridgeline is present upon the property which is the subject of a site plan, subdivision or application for applicable building permit, such application (whether same shall be for site plan, subdivision or applicable building permit) shall be referred to the Land Use Board for Ridgeline Site Plan Review. The Land Use Board may grant relief from the limitations and restrictions against development or disturbance within the Ridgeline Protection Area upon satisfaction of the requirements for relief pursuant to N.J.S.A. 40:55D-70.c.
[Amended 2-13-2007 by Ord. No. 2007-07]
F. 
Performance standards for ridgeline protection area. The following performance standards shall be applicable to proposed development activities that occur in a ridgeline protection area.
(1) 
The applicant shall depict all prominent ridgelines and ridgeline protection areas as shown on a topographic survey of the property or as demonstrated through topographic survey that are on or within 100 feet of the applicant's property.
(2) 
No site improvements or site disturbance shall be permitted to be constructed within the area of ridgeline protection, except as provided in § 255-72.
(3) 
No existing tree (as that term is defined in § 255-72) shall be removed except in accordance with the terms and provisions of § 255-72.
G. 
Prohibitions. There shall be no roads, driveways, buildings or other structures located within the ridgeline protection area, except as provided for in the design standards for ridgeline protection areas, § 255-72.
H. 
Compliance. Any property within the Township that contains a ridgeline protection area may be subdivided and developed in accordance with the area, lot, and bulk regulations for the applicable zoning district. If any disturbance is proposed within a ridgeline protection area that construction shall comply with all design standards for ridgeline protection areas, § 255-72.
I. 
Fees. There shall be a review fee of $250, in addition to any other fees, for any application for development or construction permit for properties subject to review pursuant to this section.
J. 
Review period. For review in conjunction with an application for development, the review time for compliance with this section coincide with the review time of the development application. For review in conjunction with a request for a construction permit, the Township Engineer shall review and recommend approval, conditional approval, or rejection of the permit application within 20 days of the date a complete application is submitted.
K. 
Precedence. Within the boundaries of a ridgeline protection area, the regulations concerning these ridgeline protection areas shall take precedence over any conflicting laws, ordinances and codes.