Jefferson Township City Zoning Code
ARTICLE VI
Zoning District Standards
§ 490-9 RC Rural Conservation District.
[Amended 9-20-2000 by Ord. No. 18-00]
A.
Purposes. The purpose of the Rural Conservation District is:
(1)
To protect the valuable and environmentally sensitive areas of the Township of Jefferson from the adverse impacts of development.
(2)
To provide a regulatory mechanism through which appropriate development can occur, considering the exceptional, unique, irreplaceable and delicately balanced physical and biologically acting and interacting natural environment.
(3)
To provide an equitable, understandable development mechanism that establishes clearly definable goals and advances the public interest by balancing the aforementioned environmental interests with the rights of persons owning property in this District, through the encouragement of development of compatible land uses in order to improve the overall environment and economic basis of the area.
(4)
To recognize the legitimate aspirations of the property owners of the District and to encourage development of compatible land uses in order to improve the overall economic position of the inhabitants of the area within the framework of a comprehensive environmental design strategy which preserves the most ecologically sensitive and fragile area from inappropriate development and provides adequate environmental safeguards for the construction of any facilities in the District.
(5)
To provide for the orderly development and effective preservation of the environment of the Rural Conservation District in order to ensure that the development is regulated in a manner that is fair, efficient and effective as to those people owning property affected by this section.
B. LINKAGE MASSING
Definitions. For the purposes of this section, unless the context indicates a different meaning, the following definitions shall apply:
An open space principle whereby large open space areas are connected via appropriate linear open space. Stream corridors and ridgelines are among areas which may be used to provide linkage.
The concentration of open space in large contiguous tracts in appropriate areas.
C.
Submission requirements.
(1)
Preliminary design assessment. In addition to those items required for submission in accordance with the Township of Jefferson's preliminary major subdivision checklist, all applicants, for major subdivisions within the Rural Conservation District, must also provide a preliminary design assessment fulfilling the requirements for the preliminary design assessment checklist. The assessment shall include a graphic and narrative site feature inventory; all significant site features, including all critical areas, vistas, ridgelines, wetlands, floodplains, slopes, tree lines, stone rows, significant rock outcrops and tree masses; rare and endangered species habitat; trout maintenance and trout production streams; and any additional features uniquely affecting the site.
(2)
Wildlife management plan. In projects involving 100 or more acres, a wildlife management plan shall be submitted. This plan shall address measures taken to preserve and improve on-site wildlife habitat. Rare and endangered species habitat protection shall be addressed, if applicable.
D.
Zoning requirements.
(1)
Principal permitted uses and structures. The following uses and structures shall be permitted in the Rural Conservation District:
(a)
Detached single-family dwellings.
(b)
Farms containing a minimum of five acres. It is intended that a single-family residence may be established on the same lot used for agriculture purposes as set forth in the Township's Zoning Ordinance. In that event, a one-acre portion of the lot shall be designated for the proposed residence.
(c)
There shall be no more than one principal structure on each lot.
(d)
Parks.
(2)
Permitted accessory uses. The following accessory uses shall be permitted in the Rural Conservation District:
(4)
Bulk requirements and other conditions. The following requirements are applicable to the Rural Conservation District:
(a)
Density: The maximum permitted density shall be one unit per five acres.
(b)
Minimum lot size: five acres.
(c)
Minimum lot width: 200 feet.
(d)
Minimum lot depth: 250 feet.
(e)
Front yard setback: 75 feet.
(f)
Side yard setback: 35 feet (each).
(g)
Rear yard setback: 100 feet.
(h)
Maximum building envelope size shall be 40% or 20,000 square feet, whichever is less.
(i)
Maximum lot improvement disturbance shall be 40,000 square feet plus 10,000 square feet for each additional whole acre. Lot improvement disturbance shall include all areas disturbed for the purpose of the construction of buildings and structures as well as all graded areas and lawns. The total shall include disturbed areas both inside and outside of the building envelope.
(j)
Maximum total tract disturbance for public improvements, including streets and stormwater management facilities: 7% of the gross tract area. All improvements related to disturbance shall be included in the calculation, including areas of grading and vegetation removal as well as cartways and basins.
(k)
Minimum setback of building envelope from existing lakes, ponds or wetlands: 100 feet.
E.
Design standards. The following criteria shall be considered design standards pursuant to Article VI of the New Jersey Municipal Land Use Law. It is recognized that all of these standards may not be achievable on every subdivision. For this reason, each application shall be carefully considered and, where appropriate, waivers shall be granted.
(1)
Locating building envelope. These standards aim to ensure that the disturbed areas of any parcel are to the maximum extent possible not visible from municipal roads and situated so as to minimize the impact of construction on the sensitive environment and to protect the rural character of the area as set forth in the purpose of this section. The standards to be adhered to are as follows:
(2)
Clustering. In order to minimize the impact development shall have within the Rural Conservation District, clustering is strongly encouraged. The standards contained in this section shall be strictly adhered to, unless extraordinary circumstances exist. These standards shall constitute conditions of a conditional use as set forth in the New Jersey Municipal Land Use Law.
(a)
Clustering shall be permitted upon the submission of an acceptable open space management plan.
(b)
The minimum tract area for the use of the cluster option shall be 25 acres.
(c)
Minimum lot size shall be one acre.
(d)
The minimum common open space shall be 10 contiguous acres. Open space and conservation easement areas shall be designed with massing and linkages as guiding principles.
(e)
Each area of common open space shall have at least two fifteen-foot-wide pedestrian access points accessible from a public roadway.
(f)
If an open space management plan, acceptable to the Land Use Board, is not possible, then the building lots shall be increased in size to include the entire tract area and conservation easements will be used to restrict the area identified as open space on the cluster plan.
[Amended 12-18-2019 by Ord. No. 19-28]
(g)
The option as to whether a particular tract is suitable for development utilizing the cluster option shall rest with the approving agency. Any application proposing to utilize the cluster option shall first present to the approving agency a concept plan showing the alternative conventional development to assist in determining the suitability of the tract for the cluster development proposed. The approving agency shall make a specific finding and conclusion as to the suitability for the tract to be developed with the cluster option and shall adopt the finding by resolution prior to hearing testimony or acting on the subdivision. In reaching its decision, the approving agency shall take into account the environmental constraints of the proposed site, the size, shape and proposed use of any and all open space parcels created, the alternative conventional development plan and the effect of the proposed development on the Master Plan of the Township of Jefferson.
[Amended 2-21-2001 by Ord. No. 6-01]
(h)
The maximum allowable overall density for any tract that receives cluster development approval shall not exceed the density that the developer would have obtained using a conventional development plan consistent with the zoning of the particular property and taking into consideration any effects on development as a result of all environmental constraints, the development standard ordinances of the Township of Jefferson and the New Jersey State Uniform Site Improvements Act.[1]
[Added 2-21-2001 by Ord. No. 6-01]
[1]
Editor's Note: See N.J.S.A. 40:55D-40.1 et seq.
(i)
All cluster developments shall provide a natural landscaped or combination natural and landscaped buffer, as deemed appropriate by the approving agency, between the proposed cluster development and any existing noncluster development at a minimum rear yard setback for a conventional noncluster development for the zone of the adjacent property being buffered.
[Added 2-21-2001 by Ord. No. 6-01]
(j)
Open space areas created shall be made available to the Township for public dedication. The approving agency shall consider the suitability and adaptability of the land for the purpose or purposes proposed, including physical characteristics, geographical location, accessibility, relationship to the Master Plan, expenditures required to improve said land or otherwise make it suitable for the use proposed and all other factors which would normally be considered if such lands were being considered for purchase instead of acceptance for cluster development credit, and shall report its findings to the Township Council.
[Added 2-21-2001 by Ord. No. 6-01]
(k)
A report shall be sought from the Environmental Commission, Recreation Advisory Board, Board of Education and Division of Health and may be sought from any other advisory group which may have particular expertise relevant to consideration of the proposed site.
[Added 2-21-2001 by Ord. No. 6-01]
(l)
The Township Council shall make the final determination as to whether lands proposed for public open space are suitable for dedication. The Township Council shall provide the Land Use Board with a report of its determination as to the suitability of the open space for dedication.
[Added 2-21-2001 by Ord. No. 6-01; 12-18-2019 by Ord. No. 19-28]
(m)
In the event that the Township Council deems that the proposed open space is necessarily not suitable for dedication to the municipality, the same shall be deeded to a homeowners' association which association shall meet all of the requirements of § 490-22D entitled "Homeowners' association provision."
[Added 2-21-2001 by Ord. No. 6-01]
(3)
Conservation easement/deed restriction. Applications before the Board shall be required to provide appropriate conservation easements and deed restrictions when sensitive environmental areas are encountered.
(a)
Conservation easements shall be required for all wetland areas and required transitional areas.
(b)
Critical areas located outside of the building envelope shall contain conservation easements. These critical areas shall include slopes in excess of 30%, floodplains and open water bodies.
(c)
All subdivision plats shall contain a reference to any required conservation easement.
(d)
The maximum tract density shall not exceed one unit per five acres.
(4)
Driveways. It is the intent of this subsection to use private drives for access to the residential lot providing. In addition to the requirements of the Township's driveway ordinance,[2] the following standards shall be satisfied:
(a)
The number of driveways accessing off-site public streets shall be kept to a minimum.
(b)
The appropriate use of common driveways is encouraged. Where lots will access an off-site public street, common driveways shall be used where appropriate to minimize the number of curb cuts required.
(c)
The maximum number of units served by a common driveway shall be four.
(d)
Maximum length of common driveway: 1,000 feet.
(5)
Landscaping and lawns. The goal of this subsection is to limit the disturbance and impact associated with establishment of extensive residential lawns.
(a)
Existing vegetation shall be preserved in the areas where the disturbance is not necessarily outside the building envelope.
(b)
The creation of lawn area in excess of 20,000 square feet is prohibited. Lawn area shall be included in the total lot disturbance calculation. In instances where a lot includes open field areas, these areas may be seeded without being included in the 20,000 square feet for lawn areas or the total site disturbance calculation.
(c)
Where landscaping is proposed, native species shall be included in the design.
(d)
Where building envelopes are located in woodlands, a treed area of at least 30 feet between the building envelope and the common drive or roadway shall be retained.
(6)
Fencing. In order to maintain natural, undisturbed appearances, fencing is discouraged. Where fencing is needed, the following standards shall be met:
(a)
Perimeter fencing of lots is prohibited.
(b)
Fencing may be constructed on the perimeter of or within the building envelope area of lots.
(c)
The fencing restrictions shall not apply to agricultural uses as defined in the Zoning Ordinance.
(d)
Critical areas located outside of the building envelopes shall not be fenced.
(7)
Accessory structures and buildings.
(a)
Accessory structures and buildings shall be located within the building envelope areas except as otherwise permitted in this section.
(b)
Driveways, septic areas and wells may be located outside the building envelope.
(c)
Existing structures.
[1]
Where a tract contains existing structures deemed to be of historic or architectural significance and where these structures are suitable for rehabilitation, the structures shall be retained.
(d)
Exemption. The aforementioned standards shall apply to all new minor and major subdivisions within the Rural Conservation District. Nothing herein shall be construed so as to restrict lots legally in existence prior to the date of adoption of this section. These existing lots may be developed with single-family uses in accordance with the provisions of the R-40 Ordinance.[3]
§ 490-10 R-40 Single-Family Residence Zone. [1]
A.
This zone serves as a transition between the C Conservation Zone and the existing developed centers of the Township and therefore are anticipated to be developed in the near future.
[Amended 9-1-2004 by Ord. No. 28-04]
B.
Permitted principal uses. Permitted principal uses are as follows:
(1)
Single-family detached dwellings.
(2)
Churches or other places of worship, Sunday schools or parish houses.
(3)
Public parks, playgrounds or other public facilities.
(4)
Public and private fire and rescue squad stations.
(6)
Community residences for the developmentally disabled, community shelters for victims of domestic violence and community residences for persons with head injuries.
[Amended 8-11-2004 by Ord. No. 27-04]
C.
Permitted accessory uses. Permitted accessory uses shall be as follows:
(1)
Garages, storage sheds, tennis courts and swimming pools for single-family homes and uses customarily associated with the above uses, provided that such accessory uses are subordinate to the principal use, do not change the character of the principal use and serve only the principal use. Habitable rooms shall not be permitted as a part of any accessory use, building or structure.
(2)
Home professional offices and home occupations which require no more demand for parking than one vehicle at a time, in addition to the vehicles for the permitted principal uses, and said parking shall be provided on-site and off-street and deliveries shall be limited to trucks no larger than a single-unit thirty-foot truck delivering only between the hours of 9:00 a.m. and 3:00 p.m. weekdays with off-street loading.
D.
Conditional uses (subject to § 490-35). Conditional uses shall be as follows:
(1)
Public utility buildings, structures or facilities.
(2)
General medical or surgical hospitals.
(3)
Community clubs, buildings or centers.
(4)
Farming, as defined herein.
(6)
Home professional offices and home occupations which require more demand for parking than one vehicle at a time, in addition to the vehicles for the permitted principal uses, and said parking shall be provided on-site and off-street and/or deliveries require trucks larger than a single-unit thirty-foot truck delivering between or outside the hours of 9:00 a.m. and 3:00 p.m. weekdays with or without off-street loading.
E.
Development standards.
(1)
The maximum permitted density of development shall be one unit per one acre. Cluster development will be permitted and is encouraged, provided that the maximum permitted density of development shall be one unit per one acre and it is developed in accordance with the requirements of § 490-22.
(2)
The maximum infrastructure disturbance for major subdivision developments shall be 10% of the entire tract area under consideration.
(3)
The maximum lot improvement disturbance shall be 50% of the lot area under consideration or 20,000 square feet, whichever is less.
(4)
Area, yard and bulk requirements (minimum required unless otherwise noted).
Description of Area | Conventional | Cluster1 | ||
|---|---|---|---|---|
Lot area | 40,000 square feet | 25,000 square feet | ||
Lot width (feet) | 100 | 75 | ||
Setback, principal building | ||||
Front yard (feet) | 50 | 50 | ||
Side yard, each (feet) | 25 | 10 for one, 20 total | ||
Rear yard (feet) | 75 | 35 | ||
Building height, maximum | ||||
Stories | 2.5 | 2.5 | ||
Feet | 35 | 35 | ||
Building coverage, maximum | ||||
Percent | 15% | 20% | ||
Square feet | 10,000 | 10,000 | ||
Lot coverage, maximum | ||||
Percent | 25% | 30% | ||
Square feet | 20,000 | 20,000 | ||
NOTE: | |
1 With community water and sewer. |
[1]
Editor's Note: Former § 137-9.1, RR Rural Residential Single-Family Residence Zone, which previously preceded this section, was repealed 9-20-2000 by Ord. No. 18-00.
§ 490-11 R-30 Single-Family Residence Zone.
A.
Purpose. This zone is designed to encompass the major developed areas of the Township located within existing developed centers, and allows for residential development at similar densities.
B.
Permitted principal uses. Permitted principal uses shall be as follows:
(1)
Single-family detached dwellings.
(2)
Churches or other places of worship, Sunday schools or parish houses.
(3)
Public parks and playgrounds.
(4)
Public and private fire and rescue squad stations.
(5)
Museums and libraries.
(6)
Community residences for the developmentally disabled, community shelters for victims of domestic violence and community residences for persons with head injuries.
[Amended 8-11-2004 by Ord. No. 27-04]
C.
Permitted accessory uses. Permitted accessory uses shall be as follows:
(1)
Same as the R-40 Zone.
D.
Conditional uses (subject to § 490-35). Conditional uses shall be as follows:
(1)
Public utility buildings, structures or facilities.
(2)
Community clubs, buildings or centers.
(4)
Home professional offices and home occupations which require more demand for parking than one vehicle at a time, in addition to the vehicles for the permitted principal uses, and said parking shall be provided on-site and off-street and/or deliveries require trucks larger than a single-unit thirty-foot truck delivering between or outside the hours of 9:00 a.m. and 3:00 p.m. weekdays with or without off-street loading.
E.
Development standards.
(1)
The maximum permitted density of development shall be one unit per 30,000 square feet. Cluster development will be permitted and is encouraged, provided that the maximum permitted density of development shall be one unit per 30,000 square feet and it is developed in accordance with the requirements of § 490-22.
(2)
The maximum infrastructure disturbance for major subdivision developments shall be 10% of the entire tract area under consideration.
(3)
The maximum lot improvement disturbance shall be 50% of the lot area under consideration or 20,000 square feet, whichever is less.
(4)
Area, yard and bulk requirements (minimum required unless otherwise noted).
Description of Area | Conventional | Cluster1 | ||
|---|---|---|---|---|
Lot area | 30,000 square feet | 20,000 square feet | ||
Lot width (feet) | 100 | 75 | ||
Setback, principal building | ||||
Front yard (feet) | 50 | 50 | ||
Side yard, each (feet) | 10 for one, 30 total | 10 for one, 20 total | ||
Rear yard (feet) | 35 | 35 | ||
Building height, maximum | ||||
Stories | 2.5 | 2.5 | ||
Feet | 35 | 35 | ||
Building coverage, maximum | ||||
Percent | 20% | 25% | ||
Square feet | 10,000 | 10,000 | ||
Lot coverage, maximum | ||||
Percent | 30% | 30% | ||
Square feet | 20,000 | 20,000 | ||
NOTE: | |
1 With community water and sewer. |
§ 490-12 R-10 Multifamily Residence Zone.
A.
Purpose. This zone is designed to allow for multifamily residences in appropriate locations within the Township with proximity to major roads. This zone provides for additional housing-type alternatives to meet the needs of all segments of the community.
B.
Permitted principal uses. Permitted principal uses shall be as follows:
(1)
Multifamily residences.
(2)
Townhouse residences.
(3)
Churches and other places of worship, Sunday schools or parish houses.
(4)
Public parks, playgrounds or other public buildings or facilities.
(5)
Public and private fire and rescue squad stations.
(6)
Community residences for the developmentally disabled, community shelters for victims of domestic violence and community residences for persons with head injuries.
[Amended 8-11-2004 by Ord. No. 27-04]
C.
E.
Multifamily residence development standards. The standards for multifamily residence development shall be as follows:
(1)
Maximum buildings coverage: 20%.
(2)
Maximum allowable gross density: 10 units per acre.
(3)
Maximum impervious area coverage: 40%.
(5)
Maximum number of units per building: 16.
(6)
No dwelling unit shall be allowed in the basement or above the second story of any building.
(7)
A minimum of 500 cubic feet of storage area shall be provided for each dwelling unit.
(8)
A master television antenna or cable hookup shall be provided for each building. No individual outside antenna shall be permitted.
(9)
Clothes-washing and -drying facilities located in each building shall be provided for the sole use of the tenants of that building.
(10)
A minimum of two parking spaces per unit shall be provided.
(11)
No parking area or access drive shall be located within 25 feet of a building or the exterior property line of the development site.
(12)
Landscaping shall be provided to adequately screen the development from surrounding residential uses and to provide foundation plantings for the buildings, adequate shade for parking areas and walkways and plantings for recreation areas.
F.
Townhouse residence development standards. The standards for townhouse residence development shall be as follows:
(1)
Maximum allowable gross density: four units per acre.
(2)
Projects containing both multifamily residences and townhouse residences shall meet the lower-density requirements for the overall tract.
(3)
Maximum building coverage: 25%.
(4)
Maximum impervious area coverage: 40%.
(6)
Minimum distance from building to private drive for parking area: 20 feet, except a private driveway leading only to an individual garage shall have no minimum distance.
(7)
Maximum building height: 35 feet.
(8)
A minimum of two parking spaces per unit shall be provided.
(9)
Minimum unit width: 18 feet.
(10)
Landscaping shall be provided to adequately screen the development from surrounding residential uses and to provide foundation plantings for the buildings, adequate shade for parking areas and walkways and plantings for recreation areas.
G.
Area, yard and bulk requirements (minimum required unless otherwise noted) shall be as follows:
H.
Utilities. Any development in this zone shall be served by a municipal sewer and/or water service where available or, in the alternative, an on-site community sanitary sewerage system and on-site water system installed by the developer for which the developer has received all necessary permits and approvals from all state and local government agencies exercising control.
I.
Conditional uses: none.
J.
Maximum permitted density. The maximum permitted density of development shall be four units per one acre.
§ 490-13 C-1 Neighborhood Business Zone.
A.
Purpose. This zone is designed to provide for areas throughout the Township conveniently located adjacent to existing and proposed developed areas to provide businesses which meet the day-to-day needs of the residents.
B.
Permitted principal uses. Permitted principal uses shall be as follows:
(1)
Retail stores.
(2)
Banks or savings institutions.
(3)
Personal service stores or studios.
(4)
Restaurants, fast-food restaurants or taverns.
(5)
Theaters or motion-picture theaters, other than an outdoor drive-in theater.
(6)
Professional offices.
(7)
Marinas.
(8)
Public and private fire and rescue squad stations.
E.
F.
Screening. Where a business abuts a residential use, a screen planting shall be installed to prevent headlight glare onto the adjacent property. The size, type and extent of the screening shall be subject to approval by the approving agency.
§ 490-14 C-2 Highway Business Zone.
A.
Purpose. This zone is designed to provide for large-scale commercial uses generally located along major roadways to provide convenient access for the community.
B.
Permitted principal uses. Permitted principal uses shall be as follows:
(1)
All uses permitted in the C-1 Zone.
(2)
Shopping center development.
(3)
Telephone exchange buildings.
(4)
Business or vocational schools.
(5)
Automobile sales lots with an accessory motor vehicle repair garage.
(6)
Hotels and motels.
(7)
Wholesale establishments.
(8)
Printing plants and newspaper plants.
(9)
Nightclubs.
E.
F.
Other requirements.
(1)
Where a proposed use abuts a residential zone boundary line, a planted buffer area 75 feet in width with sufficient heights to provide an efficient screen will be required.
(2)
Where a proposed use abuts an existing nonconforming residential use, a planted buffer area 25 feet in width with sufficient heights to provide an efficient screen will be required.
§ 490-15 O Office and Professional Zone.
A.
Purpose. This zone is designed to encourage the development of nonretail and low-traffic-generating employment centers. It also serves as a transitional zone between existing and proposed business and commercial development and surrounding residential land uses.
B.
Permitted principal uses. Permitted principal uses shall be as follows:
(1)
Office buildings for professional, executive, engineering or administrative purposes.
(2)
Scientific, engineering or research laboratories devoted to research, design or experimentation and processing and fabricating incidental thereto, provided that no materials or finished products shall be manufactured, processed or fabricated on said premises for sale, except such as are incidental to said laboratory research, design or experimentation conducted on said premises. No scientific, engineering or research laboratory which requires that animals be kept or maintained for experimental work shall be permitted.
(3)
Banks and savings institutions.
(4)
Hospitals, medical centers and veterinary hospitals.
(5)
Real estate offices.
(6)
Restaurants.
(7)
Similar nonretail business uses which are minor traffic generators.
(8)
Public and private fire and rescue squad stations.
§ 490-16 IP Industrial Park Zone.
A.
Purpose. This zone is established in locations which offer the best physical advantages to industrial park development in the Township, particularly access to major arteries and rail transportation.
B.
Permitted principal uses. Permitted principal uses shall be as follows:
C.
Permitted accessory uses. Permitted accessory uses shall be as follows:
(1)
Customary accessory uses and structures clearly subordinate to the principal use.
(2)
Open-air storage of materials, subject to the following conditions:
(a)
Such uses shall not abut an existing residential development or residential zone.
(b)
No flammable or explosive liquids, solids or gases shall be stored above ground.
(c)
All outdoor storage facilities shall be enclosed by a fence, wall or screen planting adequate to conceal such facility and the contents thereof from adjacent property and shall meet all setback requirements.
(3)
Off-street parking and loading areas.
§ 490-17 BP Business Park Zone.
A.
Purpose. This zone is established to provide and promote suitable corporate development opportunities, promote improved land use which is compatible with residential areas and existing and proposed transportation facilities and to protect one of the Township's more valuable land masses by ensuring its proper development. Various types of industrial, office and research and development uses are to be developed utilizing a general development plan in accordance with N.J.S.A. 40:55D-45. Each park in the district shall be a planned or organized district with a comprehensive plan designed to ensure the compatibility between the permitted uses, the sites' environmental constraints and the surrounding community and contain supporting commercial, transportation and/or recreational uses. It is the intention of this zone that access be limited to one main interchange with the Route 15 corridor in order to promote the safe and efficient movement of traffic.
B.
Permitted principal uses. Permitted principal uses shall be as follows:
(1)
Corporate office developments.
(2)
Corporate conference centers.
(3)
Offices and office buildings.
(4)
Medical centers.
(5)
Hotels/motels.
(6)
Transportation centers.
(8)
Business park convenience centers in conjunction with a planned development which is located and accessed in such a fashion as to service the business park users and not the public in general. Convenience center uses include convenience stores, banks and fiduciary institutions, personal service establishments such as dry-cleaning and laundry collection shops, hairstyling shops, tailoring and dressmaking shops, shoe repair shops, florist shops, gift shops, pharmacies and athletic, health and fitness facilities.
(9)
Day-care centers.
(10)
Golf courses.
(11)
Public and private fire and rescue squad stations.
C.
Permitted accessory uses. Permitted accessory uses shall be as follows:
(1)
Customary accessory uses and structures clearly subordinate to the principal use.
(2)
Off-street parking and loading areas.
(3)
Heliports.
(4)
Theaters, gymnasiums, tennis and pool facilities and restaurants which are integrated as part of a permitted use but which are not contained in a freestanding building or on a separate lot.
D.
Other requirements.
(1)
No development plan will be acted upon by an approving authority that is not part of a general development plan that has been submitted and approved in accordance with N.J.S.A. 40:55D-45.
(2)
All proposed developments in this zone shall be served by a community water and sewerage system.
(3)
All proposed corporate office development uses, corporate conference center uses and office uses shall submit a transportation plan to the reviewing agency setting forth a detailed plan and schedule to implement trip-reduction and off-peak travel strategies proposed by the company in order to minimize the impact on the Route 15 corridor.
(4)
Architecture shall be of a quality that is consistent with the corporate office concept of the zone, and the use of complementary building materials, textures, colors and shapes shall be considered as part of the development review process.
E.
Development standards. The development standards shall be as follows:
(1)
The maximum lot improvement disturbance shall be 65% of the lot area under consideration.
(2)
Area, yard and bulk requirements (minimum required unless otherwise noted).
(a)
Lot area: 100 acres.
(b)
Lot width: 400 feet.
(d)
Building height, maximum: 60 feet, except that no building shall exceed 20 feet unless set back from all property lines a distance equal to five times the building height.
(e)
Building coverage, maximum: 20%.
(f)
Lot coverage, maximum: 50%.
(g)
Buffer to residential zone or use: 100 feet.
§ 490-18 Q Quarry/Overlay Zone.
A.
Purpose. This zone is established to allow present quarrying to continue as a permitted use rather than as a nonconforming use. This zone recognizes the unique operation within the Township due to the presence of a natural resource suitable for mining, but at the same time recognizes the unique necessity for public regulations brought about by the existence and excavation of these natural resources. These district regulations are intended to provide for the continued excavation of natural resources and their processing in those areas which are currently being actively mined and used for processing. The provisions of these districts are also intended to require the site to be used in a manner that is reasonable to the operator(s) and at the same time require the site to be safe, healthful, as aesthetic as possible and be usable subsequent to the completion of the excavating process. The limits of the zone are intended to be oriented to the specific conditions of excavating, such as eliminating erosion, avoiding drainage problems, leaving the site useful, reducing dangers associated with steep operating faces and recognizing these industrial uses in the environs of a rural but growing residential community. Subsequent to the completion of the quarrying operation, in whole or in part, the zone may be developed with the permitted overlay uses listed, but only after the required reclamation of the site in question has been satisfied.
D.
Other requirements shall be as follows:
(1)
All quarrying operations shall be subject to the requirements of Chapter 83, Quarrying, of the Code of the Township of Jefferson.[1]
(2)
Where a proposed use abuts a residential zone boundary line, a planted buffer of 75 feet in width with sufficient height to provide an efficient screen will be required.
E.
Development standards. The development standards shall be as follows:
(1)
Area, yard and bulk requirements (minimum required unless otherwise noted).
(a)
Lot area: 100 acres.
(b)
Lot width: 400 feet.
(d)
Building height, maximum: 60 feet, except that no building shall exceed 20 feet unless set back from all property lines a distance equal to five times the building height.
(e)
Building coverage, maximum: 5% or 50,000 square feet.
(f)
Lot coverage, maximum: 15%.
(2)
No accessory use or structure shall be located within 75 feet of any residential zone.
§ 490-19 CR Commercial Recreation Zone.
A.
Purpose. This zone is established to recognize the existence of an existing golf course facility which has been in existence for a number of years, as a viable commercial venture. This tract provides the Township with an important recreational activity, while at the same time contributing to the retention of wildlife habitat, forest preservation and water retention.
B.
Permitted principal uses. Permitted principal uses shall be as follows:
D.
Other requirements.
(1)
Where a proposed use abuts a residential zone boundary line, a planted buffer of 75 feet in width with sufficient height to provide an efficient screen will be required
E.
Development standards. The development standards shall be as follows:
(1)
(2)
No accessory use or structure shall be located within 75 feet of any residential zone.
§ 490-20 SR-1 Special Regulation Zone.
A.
Purpose. This zone is established in accordance with the Final Stipulation and Consent Order filed December 4, 1995, Superior Court of New Jersey, Law Division, Morris County, Docket No. MRS-L-753-90 PW.
B.
Permitted principal uses. Permitted principal uses shall be as follows:
(1)
Single-family detached dwellings.
(2)
Churches or other places of worship, Sunday schools or parish houses.
(3)
Public parks and playgrounds.
(4)
Public and private fire and rescue squad stations.
(5)
Museums and libraries.
(6)
Community residences for the developmentally disabled, community shelters for victims of domestic violence and community residences for persons with head injuries.
[Amended 8-11-2004 by Ord. No. 27-04]
C.
Permitted accessory uses. Permitted accessory uses shall be as follows:
(1)
Same as the R-40 Zone.
D.
Conditional uses (subject to § 490-35). Conditional uses shall be as follows:
(1)
Public utility buildings, structures or facilities.
(2)
Community clubs, buildings or centers.
(4)
Home professional offices and home occupations which require more demand for parking than one vehicle at a time, in addition to the vehicles for the permitted principal uses, and said parking shall be provided on-site and off-street and/or deliveries require trucks larger than a single-unit thirty-foot truck delivering between or outside the hours of 9:00 a.m. and 3:00 p.m. weekdays with or without off-street loading.
E.
Development standards. The development standards for this district shall be in accordance with those standards provided in the Final Stipulation and Consent Order entered by the United States District Court and the New Jersey Superior Court Law Division in 1995.
§ 490-21 SR-2 Special Regulation Zone.
A.
Purpose. This zone is established in accordance with the agreement among the Bi-County of Jefferson and the Township of Jefferson dated September 29, 1995, and to satisfy the Township's Mt. Laurel obligation to provide 131 low and- moderate-income housing units comprised of 32 senior citizen units and 37 new construction units, to be designated low- and moderate-income housing in satisfaction of the Township's regional need allocation, and 62 rehabilitation units to be rehabilitated pursuant to N.J.A.C. 5:93-5.2 in satisfaction of the Township's indigenous need allocation. Development of this zone shall be in accordance with a general development plan (GDP).
B.
Permitted principal uses. Permitted principal uses shall be as follows:
(1)
Single-family detached dwellings.
(2)
Zero lot line one- or two-family dwelling units or patio homes.
(3)
Townhouse residences.
(4)
Low-rise multifamily (condominium or garden apartment) dwelling units, including but not limited to senior citizen housing which shall be in buildings set aside exclusively for senior citizens.
(5)
Churches and other places of worship, Sunday schools or parish houses.
(6)
Public parks, playgrounds or other public buildings or facilities.
(7)
Public and private fire and rescue squad stations.
(8)
Community residences for the developmentally disabled, community shelters for victims of domestic violence and community residences for persons with head injuries.
[Amended 8-11-2004 by Ord. No. 27-04]
C.
D.
Conditional uses (subject to § 490-35). Conditional uses shall be as follows:
(1)
Public utility buildings, structures and facilities.
(2)
Community clubs, buildings or centers.
(4)
Home professional offices and home occupations which require more demand for parking than one vehicle at a time, in addition to the vehicles for the permitted principal uses, and said parking shall be provided on-site and off-street and/or deliveries require trucks larger than a single-unit thirty-foot truck delivering between or outside the hours of 9:00 a.m. and 3:00 p.m. weekdays with or without off-street loading.
E.
Development standards. The development standards for this district shall be in accordance with those standards provided in the agreement among the Bi-County of Jefferson and the Township of Jefferson dated September 29, 1995.
§ 490-22 Cluster development option.
A.
Purpose. The purpose of this section is to provide standards pursuant to N.J.S.A. 40:55D-1 et seq. which encourage and promote flexibility, variety and environmental soundness in the layout and design of residential development throughout the RC, R-40 and R-30 Zones. Only those types of residential uses and structures specifically permitted in the zone for the proposed development shall be permitted for use with the cluster option.
[Amended 9-1-2004 by Ord. No. 28-04]
B.
Development standards.
(1)
The minimum tract size where a cluster development option may be considered shall be 30 acres. The Land Use Board may permit cluster development on a tract smaller than 30 acres if there is a particular public purpose to be served or environmental advantage to be gained as identified in the Master Plan and/or Natural Resource Inventory.
[Amended 12-18-2019 by Ord. No. 19-28]
(2)
The option as to whether a particular tract is suitable for development utilizing the cluster option shall rest with the approving agency. Any application proposing to utilize the cluster option shall first present to the approving agency a concept plan showing the alternative conventional development to assist in determining the suitability of the tract for the cluster development proposed. The approving agency shall make a specific finding and conclusion as to the suitability for the tract to be developed with the cluster option and shall adopt the finding by resolution prior to hearing testimony or acting on the subdivision. In reaching its decision, the approving agency shall take into account the environmental constraints, including critical areas, of the proposed site, the size, shape and proposed use of any and all open space parcels created, the alternative conventional development plan and the effect of the proposed development on the Master Plan of the Township of Jefferson.
[Amended 9-1-2004 by Ord. No. 28-04]
(3)
The maximum allowable overall density for any tract that receives cluster development approval shall not exceed the density that the developer would have obtained using a conventional development plan consistent with the zoning of the particular property and taking into consideration any effects on development as a result of all environmental constraints, including critical areas, the development standards ordinances of the Township of Jefferson and the New Jersey State Uniform Site Improvements Act.
[Amended 11-11-1998 by Ord. No. 33-98; 9-1-2004 by Ord. No. 28-04]
(4)
All cluster developments shall provide a natural, landscaped or combination natural and landscaped buffer, as deemed appropriate by the approving agency, between the proposed cluster development and any existing noncluster development at a minimum width equivalent to twice the required minimum rear yard setback for a conventional, noncluster development for the zone of the adjacent property being buffered.
C.
Open space provisions.
(1)
All open space areas created shall be a minimum of five acres in size, unless it is proposed to attach an open space parcel to an existing parcel of open space, in which case the minimum size shall be determined by the approving agency. Open space areas shall be developed for active recreation when and where deemed appropriate by the approving agency, with advise from the Recreation Advisory Board and the Township Planner.
(2)
Open space areas created shall be made available to the Township for public dedication. The approving agency shall consider the suitability and adaptability of the land for the purpose or purposes proposed, including physical characteristics, geographical location, accessibility, relationship to the Master Plan, expenditures required to improve said land or otherwise make it suitable for the use proposed and all other factors which would normally be considered if such lands were being considered for purchase instead of acceptance for cluster development credit and shall report its findings to the Township Council.
(3)
A report shall be sought from the Environmental Commission, Recreation Advisory Board, Board of Education and Division of Health and may be sought from any other advisory group which may have particular expertise relevant to consideration of the proposed site.
(4)
The Township Council shall make the final determination as to whether lands proposed for public open space are suitable for dedication. The Township Council shall provide the Land Use Board with a report of its determination as to the suitability of the open space for dedication.
[Amended 12-18-2019 by Ord. No. 19-28]
D.
Homeowners' association provision.
(1)
All open space areas created which are not deemed necessary or suitable for dedication to the municipality shall be deeded to a homeowners' association for the benefit of the development, comprised of each of the owners of the individual lots created.
(2)
Membership in the association shall be mandatory for all lot owners, and the final map creating the open space parcels shall contain a notation that all such open space parcels created are dedicated to open space use in perpetuity, and future resubdivision or other use of the parcels created is specifically prohibited.
(3)
The Articles of Incorporation creating a homeowners' association, the bylaws and the Declaration of Covenants, Conditions and Restrictions shall be submitted to the Township Attorney for his review and determination of adequacy as to form. The documents listed above shall contain at least the following minimum provisions:
(a)
Mandatory membership of all lot owners.
(b)
A monthly maintenance fee adequate to provide for taxes, maintenance and the operation of any and all common facilities.
(c)
The right of the Township to perform any necessary maintenance, etc., and to assess the costs as a tax lien against each individual homeowner should the association fail to meet its responsibilities.
(d)
The association shall not be dissolved, nor shall it dispose of any open space by sale or otherwise.
(e)
The developer shall be responsible for the taxes and maintenance of any open space or common facilities until such time as a homeowners' association has been formed and is functioning.
E.
Approval procedure.
(1)
Any applicant wishing to utilize the cluster development option shall submit a sketch plat showing the proposed cluster lot arrangement and a concept plan showing the alternative conventional development to demonstrate the number of lots obtainable with the conventional design taking into consideration all environmental constraints, including critical areas, all development standards applicable to the property as contained in the ordinances of the Township of Jefferson and the New Jersey State Uniform Site Improvements.
[Amended 11-11-1998 by Ord. No. 33-98[1]]
(2)
The applicant shall also submit a summary environmental impact statement in sufficient detail for the approving agency to make an informed judgment as to the merits of the cluster proposal, the proposed disposition of the open space lands created and the environmental advantages of the proposed development plan.
(3)
The approving agency shall make a determination as to the appropriateness of the site for cluster development based on the data submitted and the advice of any appropriate municipal agencies. If there is a favorable finding by the approving agency, the open space proposal shall be sent to the Township Council for a determination on the acceptability of any lands for public ownership.
§ 490-23 AH Affordable Housing Zone.
[Added 12-18-1996 by Ord. No. 18-96]
A.
The purpose of this section is to establish those land use provisions necessary to satisfy the low- and moderate-income housing obligation of Jefferson Township and to effectuate the settlement approved by the Court in the Bi-County of Jefferson v. Township of Jefferson Mount Laurel litigation (Superior Court, Law Division, Docket No. W-032628-88), authorizing the construction of up to 567 market housing units and 69 low- and moderate-income housing units within the zone. This chapter creates the Affordable Housing Zone (hereinafter "AH Zone"), the substantive terms of which are governed by Appendix B to the court-approved settlement. The section permits the developer in the AH Zone to obtain expedited approvals pursuant to the standards of the settlement for either a general development plan or a site plan and/or subdivision application for market units and low- and moderate-income units.
B.
Standards for a general development plan application in the AH Zone.
(1)
General development plan application procedure. Application for approval of a planned development within the Affordable Housing District may, in accordance with N.J.S.A. 40:55D-45.3, be made at the option of the applicant in accordance with the regulations and procedures described in this section, pertaining to general development plan in cases where the application involves more than 100 acres.
(2)
Procedure for approval of the general development plan.
(a)
Land Use Board Review. The Land Use Board shall review an application for general development approval of a planned development within the AH Zone in the following manner:
[Amended 12-18-2019 by Ord. No. 19-28]
[1]
Notice. Public notice of a hearing of an application for planned development shall be given as required by statute in accordance with N.J.S.A. 40:55D-12.
[2]
Time for action. Upon submission to the Administrative Officer of a complete general development plan application for planned development, the Land Use Board shall grant or deny general development plan approval within 95 days of the date of submission of a complete application or within such further time as may be consented to by the applicant pursuant to N.J.S.A. 40:55D-45 et seq. Failure of the Board to act within the prescribed time shall constitute general development plan approval.
[3]
Preliminary and final approval shall be required for each development section pursuant to the terms of this section.
(b)
Required submissions — complete application. An application for approval of the general development plan shall be deemed complete, pursuant to the provisions of N.J.S.A. 40:55D-10.3, upon submission by the applicant of the following:
[1]
A complete application in a form established by the Land Use Board, containing the following information:
[Amended 12-18-2019 by Ord. No. 19-28]
[a]
The name of the developer.
[b]
A signed statement of the developer affirming compliance with the minimum acreage criteria for a general development plan contained in this section.
[c]
Proof that the property taxes pertaining to the subject property have been paid to date.
[d]
A corporate or partnership disclosure statement, where applicable, in accordance with the provisions of N.J.S.A. 40:55D-48.1 and 40:55D-48.2.
[2]
An overall development plan consisting of the following:
[a]
A land use plan, at a scale of one inch to 100 feet, indicating the tract area and general locations of the land uses to be included in the planned development. The total number of dwelling units to be provided and proposed land area to be devoted to residential use shall be set forth and shown on the plan. The density and intensity of use of the entire planned development shall be set forth and a residential density shall be provided in accordance with the terms of the settlement agreement. The plan shall indicate areas where various types of housing, e.g., single-family detached, townhouse and condominium units, are intended.
[b]
A circulation plan, indicating the general location and types of transportation facilities, including facilities for pedestrian access within the planned development and any proposed improvements to the existing transportation system outside the planned development, as provided in the settlement agreement.
[c]
A stormwater management plan, indicating the proposed method of controlling and managing stormwater on site.
[d]
An open space plan, indicating the approximate major land areas to become open space, the approximate area of the open space lands, a description of the intended improvements within said area and the allocation of responsibility for maintenance of the open space.
[e]
A development plan, setting forth the, permitted number of dwelling units, the residential density for the general development plan, according to a schedule which sets forth the sequencing of any sections of the development.
[f]
A utility plan, indicating the need for and showing the proposed location of sewage and water lines, any drainage facilities necessitated by the physical characteristics of the site, proposed methods of handling solid waste disposal and a plan for the operation and maintenance of any proposed utilities.
[g]
A community facility plan indicating the scope and type of supporting community facilities which may be provided within the proposed development, as specified in the settlement agreement.
[h]
A proposed sequence plan, establishing the order in which sections will be constructed, including any terms or conditions which are necessary to protect the interests of the public and of the future residents who will occupy any section of the planned development prior to the completion of the development in its entirety.
[i]
A demographic projection of the age of the future residents, solely for the purpose of municipal and educational planning.
(c)
The items listed in Subsection B(2)(b)[2] above shall constitute the only submissions required on the checklist supplied to the applicant pursuant to the provisions of N.J.S.A. 40:55D-10.3.
(d)
The Land Use Board shall schedule hearings on the application for general development plan approval at the time the application is deemed complete by the Board in accordance with the terms of the settlement agreement.
[Amended 12-18-2019 by Ord. No. 19-28]
C.
Standards for subdivision and site plan approval. In the event that the developer does not submit a general development plan application pursuant to Subsection A, an application for subdivision or site plan approval for the entire tract within the AH Zone shall be deemed complete pursuant to the provisions of N.J.S.A. 40:55D-10.3 upon submission by the applicant of a site plan or subdivision plan and of the information required in Subsection B(2)(b)[2] to the extent the information is not provided on the site plan. In the event that the application is for only a section of the development, the information required in Subsection B(2)(b)[2] shall be provided for that section, together with sufficient conceptual information with respect to the Subsection B(2)(b)[2] criteria for the remainder of the development to demonstrate the visibility of the section for which approval is sought.
D.
The applicant shall not be required to submit a construction plan, a plan pertaining to the design, construction and installation of all improvements to the land created by the development as part of the application for preliminary approval, but may defer this to final approval. A condition of approval in such case, however, shall be that, if the developer seeks to commence any construction prior to obtaining final approval, the developer shall obtain approval of the construction plan from the Land Use Board before commencing any such construction.
[Amended 12-18-2019 by Ord. No. 19-28]
E.
The Township Subdivision Ordinance[1] shall be applicable to developments within the AH Zone to the extent that they are not inconsistent with the language and intent of the settlement agreement and Appendix B of the settlement agreement. In the event of any inconsistency, the settlement agreement and Appendix B shall control. In the event of any dispute as to whether there is such conflict or whether the Subdivision Ordinance imposes cost-generating items which are not reasonably necessary for the protection of health and safety, the matter shall be submitted to the Mount Laurel Master, appointed by the Morris County Superior Court for mediation.
F.
The duration of site plan or subdivision approvals or extensions of such approval shall be governed by Section VIIF of the court-approved settlement agreement.
G.
In the case of general development plan approval, the vesting period shall be for a period of 25 years from the date of general development plan approval, provided that a general development plan application is submitted within one year of the adoption of this section. In the event that the applicant does not seek general development plan approval within the one-year period, then the period of delay shall be subtracted from the maximum vesting period (for example, if the applicant does not submit an application for general development plan approval until 23 months after the adoption of this section, then the period of delay, 11 months (23 months minus 12 months) shall be deducted from the twenty-five-year maximum period so that the maximum vesting period shall be 24 years and one month.
§ 490-24 VC Village Commercial District.
[Added 3-14-2001 by Ord. No. 8-01]
There is hereby established in the Township of Jefferson the VC Village Commercial District which shall consist of the following properties, as shown on the Jefferson Township Tax Map: Block 473.12, Lot 16.02; Block 513, Lot 20.01; and Block 513, Lot 2.
A.
Permitted uses. There is hereby permitted within the VC District all uses which are permitted in the C-1 Neighborhood Business Zone as presently existing and as may be amended in the future.
[Amended 4-2-2003 by Ord. No. 12-03]
B.
Conditional uses. In addition to permitted uses, there shall be allowed within the VC District as the conditional use senior citizen housing as herein defined and subject to the following terms and conditions at the time of occupancy:
[Amended 4-18-2001 by Ord. No. 11-01]
(1) AGE-QUALIFIED PERSON FAIR HOUSING ACT QUALIFIED DEVELOPMENT SENIOR CITIZEN HOUSING
Definitions. As used in this section, the following terms shall have the meanings indicated:
A person who is 62 years of age or older.
The Fair Housing Act, Amendment Act of 1988, P.L. 100-430 (September 13, 1988) and amendments thereto, including, but not limited to, the Housing Act for Older Persons Act of 1995, P.L. 104-76 (December, 1995) and any judicial or administrative interpretations or decisions affecting said legislation.
This shall mean that either the proposed development site is publicly owned or the developer of senior citizen housing is a not-for-profit organization.
A housing development which is a qualified development, which is occupied by age-qualified persons and otherwise meets the requirements of the Fair Housing Act.
(2)
Occupancy restrictions.
(a)
All housing units shall be occupied only by age-qualified persons as defined herein.
(b)
Occupancy of the units within the senior citizen housing development shall be restricted to all persons whose combined income for any unit shall be at 50% or less of the median income for Morris County as established by the United States Department of Housing and Urban Development.
(c)
The foregoing occupancy restrictions shall not apply to resident employees such as a manager or superintendent.
(3)
Area, yard and bulk requirements shall be as follows:
(a)
Minimum lot size: one acre.
(b)
Maximum density: 40 units per acre.
(c)
Minimum front yard setback: 50 feet.
(d)
Minimum rear yard setback: 40 feet.
(e)
Minimum side yard setback: 10 feet.
(f)
Maximum building coverage: 40%.
(g)
Maximum lot coverage: 90%.
(h)
Building height: three stories or 45 feet.
(i)
Off-street parking: one space per two apartments. No parking shall be located in the required front yard setback area.
(4)
Utility requirements. Each senior citizen housing development shall be required to be served by municipally owned and operated water and sewer systems.
§ 490-25 PARC Planned Adult Residential Community Zone.
[Added 12-3-2003 by Ord. No. 29-03]
A.
Purpose:
(1)
To provide for both large-scale open spaces to be dedicated for conservation, public use, as well as residential development at appropriate densities and for related and complementary uses; an area that the Township Council has determined is suitable for open space dedication and cluster residential development.
(2)
To protect a valuable and environmentally sensitive area of the Township from inappropriate development.
(3)
To provide a regulatory mechanism through which appropriate development can occur, considering that the area designated for open spaces is exceptional, unique, irreplaceable and a delicately balanced physical and biologically acting and interacting natural environment.
(4)
To provide an equitable, understandable development mechanism that establishes clearly defined goals and advances the public interest by balancing environmental interests with the rights of property owners in the District, by encouraging development of compatible and appropriate land uses that will improve the overall environment and economic basis of the area and Township, within the framework of a comprehensive environmental design strategy that preserves ecologically sensitive and fragile areas from adverse impacts from inappropriate.
(5)
To provide environmental safeguards for the construction of facilities in the district and preserve natural resources.
(6)
To provide for the orderly development and effective preservation of the environment of the Planned Adult Residential Community District in order to ensure that the development is regulated in a manner that is fair, efficient and effective as to those people owning property affected by this section.
(7)
To satisfy a wide range of lifestyles of an aging population that is growing locally, regionally and statewide; to make available a variety of residential housing types, amenities and services, while limiting occupancy of dwelling units in the Planned Adult Residential Community District to mature adults, 55 years of age or older.
(8)
To supplement, expand, and enhance the ability of the public and emergency vehicles to gain access to open space that already exists adjacent to and in the vicinity of the district.
(9)
To provide the ability for the Township to gain ratables that have minimal impact on Township resources, generate minimal traffic congestion, and have minimal visual or other impacts on neighboring properties.
(10)
To provide for reasonable development of the district in a manner consistent with the New Jersey State Development and Redevelopment Plan and Blueprint for Intelligent Growth, Smart Growth concepts, and anti-sprawl initiatives.
B. PLANNED ADULT RESIDENTIAL COMMUNITY (PARC)(1) (a) (b) (c) (d) (2) RESIDENTIAL CLUSTER SENIOR CITIZEN HOUSING
Definitions. As used in this section, the following terms shall have the meanings indicated:
A private residential community comprised of single-family and multifamily residential dwelling units, and accessory uses intended for, limited and restricted to, use and occupancy by:
Any person of 55 years of age and older; or
A member of a couple under 55 years of age who is residing with his or her partner who is 55 years of age or over; or
Unemancipated children (as defined under New Jersey law) who are 19 years of age or older who reside with their parents or parent where at least one of the parents with whom the child or children are residing is 55 years of age or older; or
Those persons meeting the requirements for such age-restricted housing as required by the Federal Fair Housing Act and the regulations adopted pursuant thereto.
The foregoing occupancy restrictions shall not be construed to prohibit the occupants of any unit in a PARC from entertaining guests, of any age, in their units, including temporary residency, not to exceed six months, with no financial or other pecuniary consideration to be paid therefor.
A contiguous or noncontiguous area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.
Any age-restricted housing consistent with the appropriate definitions listed in Ordinance No. 8-01.[1]
C.
Cluster development. The development scheme embodied in this section establishes the suitability of the property within the PARC District for cluster development, as provided in Jefferson Township Code § 490-22B(2).
D.
Permitted principal uses. Principal permitted uses are as follows:
(1)
Single-family detached dwelling units, including, but not limited to, zero lot line and patio homes.
(2)
Duplex dwelling units.
(3)
Multifamily dwelling units.
(4)
Recreation facilities.
(5)
Sales and administrative offices required for the construction, sale, resale and management of the dwelling units in the PARC.
(6)
Senior citizens housing.
F.
Permitted accessory uses in the PARC District. Accessory uses of buildings and structures specific to the PARC District common facilities are as follows:
(1)
Master television antenna, satellite systems and/or cable television antenna/reception and related facilities.
(2)
Common parking areas for guest parking or other areas that may be dedicated for specific parking purposes such as recreational vehicle and trailer parking.
(3)
Buildings for storage of vehicles, equipment and supplies.
(4)
Outbuildings and structures as part of the recreation facilities.
(5)
Public parks and gardens.
(6)
Entrance gatehouse, maintenance buildings, trash and recycling sheds/enclosures.
(7)
Greenhouses and storage sheds.
(8)
Indoor or outdoor swimming pools.
(9)
Sanitary sewage treatment facilities.
(10)
Water towers and related equipment.
(11)
Customary sanitary sewerage and other utility use facilities.
G.
Permitted accessory uses for residential dwelling units. Accessory uses to the permitted principal uses as follows:
(1)
Private attached garage with a capacity for garaging up to two vehicles per single-family dwelling unit, duplex dwelling units or multifamily dwelling units of four or less units per building.
(2)
At-grade and in-basement parking garages in multifamily dwelling buildings over four units.
(3)
Storage sheds attached to and incorporated in the design of the individual dwelling units.
(4)
Fences and retaining walls.
(5)
Decks, patios, gazebos, and screened porches.
(6)
Such other customary uses and structures as may be permitted by the approving authority.
H.
Bulk requirements applicable to the PARC Zone.
(1)
Minimum tract size. A PARC, exclusive of the senior citizen housing site, may be developed on one or more contiguous parcels of land having a total gross area of not less than 650 acres.
(2)
Minimum open space. Sixty percent of the gross PARC District shall be maintained as permanent open space. For purposes of this requirement, "open space" shall mean those portions of the PARC District not covered by buildings, structures of any kind, streets or other surfaces paved with impervious materials.
(3)
Maximum building coverage: 25% of gross area of the PARC District.
(4)
Maximum residential density: one dwelling unit per gross acre of the PARC District, with a maximum of 450 dwelling units permitted for all age-restricted market units not associated with any Township-sponsored, affordable senior citizen housing dwelling units in the PARC District.
(5)
Any property dedicated for open space or conveyed to the State of New Jersey or to another public, nonprofit or quasi-public entity shall be deemed to be in and remain part of the original tract size for calculation of minimum open space, minimum tract size, maximum building coverage, and maximum residential density.
I.
Bulk requirements applicable to individual single-family lots.
(3)
Minimum lot depth: 100 feet.
(4)
Minimum setbacks:
(5)
Maximum building height: 35 feet or 2 1/2 stories, whichever is less.
J.
Bulk requirements applicable to multifamily residential buildings.
(2)
Minimum setbacks:
(a)
From all property lines: 50 feet. This setback requirement may be reduced to zero feet where a building is located adjacent to dedicated open space property line.
(b)
Maximum building height: 50 feet or three stories over a single-story parking deck.
(c)
From building to the right-of-way line of a private street: 25 feet.
(d)
Maximum number of units per building: 16.
(e)
No dwelling unit shall be allowed in the basement of any building.
(f)
Maximum building length: 150 feet.
L.
Parking requirements. Minimum parking requirements for residential units shall be in accordance with the New Jersey Residential Site Improvement Standards with the following requirements:
(1)
Single-family units shall have a minimum of one attached garage space and one off-street parking space in the form of a driveway. These spaces shall be counted toward the required parking spaces per dwelling.
(2)
Multifamily units shall have a minimum of one space in a parking deck beneath the building or one attached garage space to be counted toward the minimum off-street parking requirement.
(3)
Senior citizen housing unit parking requirement may be solely located within an at-grade parking lot.
(4)
The minimum off-street surface parking stall size shall be nine feet by 18 feet. The minimum parking stall size within a parking deck shall be 8.5 feet by 18 feet.
(5)
No parking area or access drive shall be located within 10 feet of a building unless located under the structure in association with a multifamily residential building, as permitted by this chapter.
(6)
A private driveway with the capacity of off-street parking for two automobiles shall be deemed to constitute two parking spaces.
M.
Decks, etc. A deck, patio or screened porch shall be permitted within 10 feet of any rear yard line and five feet of any side yard line.
N.
Utilities.
(1)
A PARC must be fully serviced by centralized water and sanitary sewerage systems approved by appropriate New Jersey state regulatory agencies.
(2)
Maximum building height: 40 feet, exclusive of any required water tower. At no time shall any required water tower exceed the height of the surrounding tree line.
O.
Recreation facilities.
(1)
"Recreation facility" shall mean a place designed and equipped for the conduct of sports and leisuretime activities.
(2)
Required recreational facilities. Any PARC shall contain and provide for the benefit, use and enjoyment of its homeowners' association members and their guests the following recreation facilities:
(a)
A recreation area containing a recreation building or clubhouse equal in size to a minimum of 10 square feet for each dwelling unit, exclusive of any dwelling units proposed for senior citizens housing.
(b)
A swimming pool of a minimum size of 30 feet by 50 feet, with an adjacent improved sitting area surrounding all sides of the pool with an aggregate area equal to twice the water surface of the pool.
(c)
Parking facilities serving the recreation area, with a minimum number of parking spaces equal to one space for each 50 square feet of the first 6,500 square feet of area of the recreation building, thereafter at a rate of one space for each additional 200 square feet.
(d)
Picnic-barbecue areas.
(e)
A minimum of three tennis courts.
(f)
Walking paths in proximity to the residences to be constructed. All walking paths will be a minimum of six feet wide. They will be cleared of vegetation, but otherwise left in their natural state. Tree removal and site topography alteration is to be minimized. Their location is to be generally depicted on the PARC site plans, but their final configuration and location will be determined by the developer and a designated Township representative "in the field," after site construction is substantially complete.
(g)
Such other activities which the Land Use Board shall find to be consistent with the lifestyle of the residents of a PARC and which are subordinate to the residential character of a PARC.
[Amended 12-18-2019 by Ord. No. 19-28]
(3)
Ownership of recreation facilities. All recreational facilities shall be owned by the homeowners' association and are to be used by homeowners' association members and their guests as defined herein. Sidewalks and walking paths will be available to all residents of the PARC.
P.
Supplemental regulations.
(1)
Setback and distance measurements. Except as set forth otherwise, building setbacks and minimum distances between all buildings shall be measured from lot line (and not from street lines) to building foundation lines, excluding foundations for fireplaces, porches, balconies, landings, stairs, and other exterior protrusions of a building which do not protrude beyond eight feet from the building foundation line.
(2)
Perimeter boundary setbacks. No building or structures, other than entrance gatehouses, walls or fences, shall be located within 50 feet of any exterior boundary line of the PARC, except as to areas formally dedicated as open space.
(3)
Homeowners' association.
(a)
Recorded covenants. Any PARC shall be governed and regulated by one or more recorded declarations of covenants and restrictions or similar documents ("C&Rs"), which shall provide for and create one or more incorporated membership organizations under Title 15 of the New Jersey Statutes in which all unit owners in the PARC (exclusive of residents in or the owners of any senior citizens housing complex) shall be required to be members (the "homeowners' association"). The C&Rs shall provide for:
[1]
The ownership, maintenance, operation and upkeep of all recreation facilities, open space (not otherwise conveyed or dedicated to public use), streets and other common areas within the PARC by the homeowners' association;
[2]
The restrictions on unit occupancy;
[3]
The procedure for creating, imposing and collecting assessments from each unit owner to finance the foregoing; and
[4]
The organization, operation and management of the homeowners' association.
(b)
A complete copy of the proposed articles of incorporation creating the homeowners' association, the bylaws and the C&R shall be submitted to the Township Attorney for his review and determination of adequacy as to form and compliance with the requirements herein set forth. Primary regulatory authority over the creation of the homeowners' association, its documentation and its functioning is acknowledged to rest solely with the New Jersey Department of Community Affairs as per applicable statutory and regulatory authority.
(c)
The documents listed above shall contain at least the following minimum provisions:
[1]
Mandatory membership of all unit owners, exclusive of residents in or the owners of any senior citizens housing complex.
[2]
A monthly maintenance fee adequate to provide for taxes, maintenance and the operation of any common facilities.
[3]
The right (but not the obligation) of the Township to perform any necessary maintenance, etc., and to assess the costs as a tax lien against each individual homeowner's dwelling unit, should the association fail to meet its responsibilities.
[4]
The association shall not be dissolved, nor shall it dispose of any open space, not otherwise conveyed or dedicated to public use, by sale or otherwise unless it is to an entity that meets the requirements hereunder.
(d)
Membership in the association shall be mandatory for all unit owners (exclusive of residents in or the owners of any senior citizens housing complex), and the final map and any deeds of dedication shall contain a notation that all such open space parcels created are dedicated in perpetuity, and future resubdivision or other use of the parcels created is specifically prohibited.
Q.
Design standards, to the extent they are not inconsistent with the provisions of the New Jersey Residential Site Improvement Standards.
(1)
Streets and roads. All streets and roads in a PARC shall conform to the provisions of the New Jersey Residential Site Improvement Standards.
(2)
Drainage. All on-site drainage shall be provided for in accordance with New Jersey state law and the Township of Jefferson storm drainage requirements and applicable Township ordinances pertaining to subdivision and development of lands.[4]
(3)
Driveways, walks and parking areas. There shall be provided a safe and convenient system of driveways, walks and parking areas. Due consideration shall be given in planning walks, ramps and driveways to prevent slipping or stumbling. Sidewalks shall be in accordance with the New Jersey Residential Site Improvement Standards.
(4)
Single-family residential design standards.
(a)
As to all single-family residential dwelling units, except as hereinafter provided, not more than one building permit shall be issued for any dwelling to be erected in a PARC if it is substantially alike in exterior design and appearance with any neighboring dwelling. A building or structure shall be deemed a neighboring dwelling if it is on one lot which is the first lot next along any street and, in addition thereto, any lot which is directly across a street.
(b)
Neighboring dwellings, as hereinabove defined, shall be considered substantially alike in exterior design and appearance if they are not different in at least three of the following seven respects:
[1]
The relative location of and point of entry to a garage, porch and other such structural appurtenance with respect to facade.
[2]
The relative location, size, or type of front elevation windows or doors.
[3]
The type of roof, with respect to any appurtenance, configuration, pitch or composition.
[4]
The type or color of predominant siding material.
[5]
The type of roofing material or color or pattern thereof.
[6]
Orientation of the building when viewed from a single viewing point.
[7]
The height, length, depth, or predominant pitch of a portion of the roof outside the limits of the main portion of the building.
(5)
Multifamily residential design standards, exclusive of senior citizen housing development.
(a)
Maintenance-free building exteriors are encouraged, using a variety of quality composite siding materials, vinyl, brick, stone or other cultured materials as well as generous trim levels.
(b)
Multifamily neighborhoods shall draw upon a common palate of exterior features that will include, where appropriate, balconies, patios, and shutter and window styles.
(6)
Senior citizen housing design standards. The design of any senior citizen housing complex shall be generally consistent with the overall design requirements of the PARC District.
R.
General development plan.
(1)
Requirements for plans for preliminary approval of planned developments in the PARC Zone. Plans for preliminary approval of planned developments in the PARC Zone shall conform to the requirements for preliminary approval of site plans as set forth in § 490-32. If there is to be any division of the planned development into two or more lots for fee conveyance, or if any new public streets are to be dedicated or constructed, the preliminary plans shall also show the information required for preliminary major subdivision plats as set forth in Chapter 435, Subdivision of Land. The plans shall further include or be accompanied by the following:
(a)
The gross density of units per acre of any residential portion of the development.
(b)
Calculations as to the areas and percentages of areas in each class of permitted and required use as set forth in this chapter.
(c)
A traffic study assessing the probable impact of the planned development on existing and proposed roads and traffic circulation within the affected area of the Township and any affected adjoining municipality.
(d)
In the case of a plan which calls for development over a period of years or which includes residential development, a schedule showing proposed times when development of each section is intended to begin and a plan for terms and conditions to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development.
(e)
The proposed form of organization or organizations to own and maintain any common open space not to be dedicated to a governmental agency.
(f)
An environmental impact statement of the effect of the project on the environment. Such statement shall be in accordance with Chapter 222, Environmental Impact Statement, and include the following:
[1]
An inventory of existing environmental conditions at the project site and the surrounding area, which shall describe air quality, water quality, water supply, storm and sanitary sewer systems, other utilities, soils, topography, vegetation, wildlife, historical sites, archaeology, geology, land use and access to the site.
[2]
A listing of all licenses, permits or other approvals required by law, other than those to be obtained from the Land Use Board, and the status of each.
[Amended 12-18-2019 by Ord. No. 19-28]
[3]
An assessment of the probable impact of the project upon all topics described in Subsection R(1)(f)[1] above as well as on schools, municipal services, roads and transportation facilities, existing and proposed.
[4]
A listing of alternatives to any part or all of the project which would reduce adverse impacts, with reasons for their acceptability or nonacceptability.
[5]
A listing of adverse environmental impacts which cannot be avoided and steps to be taken to minimize adverse environmental impacts during construction and operation, both at the project site and in the surrounding area.
(g)
A fiscal impact analysis showing the added municipal and school costs which would result from the project and the revenues which the project would produce to meet those costs. If the project is to be staged, the costs and revenues for each stage shall be identified. The analysis shall include additional costs, if any, for each line item of the municipal budget, and for operating and capital expenses of the school system, and shall include quantification of additional municipal personnel and equipment and of additional teachers and classrooms, if any, which the project would require to maintain municipal and school services at the level provided at the time of application.
(h)
An economic feasibility and marketability study demonstrating that the planned development and each stage thereof will be marketable and economically feasible.
(i)
Such other information as is necessary to present evidence as to the factors to be considered in reviewing the application.
(2)
Requirements of plans for final approval of planned developments in the PARC Zone. Plans for final approval of a planned development in the PARC Zone, or any portion or section thereof, shall conform to the requirements for final site plan approval as set forth in § 490-32 and, if there is to be any division of the development into two or more lots for fee conveyance, or if any new public streets are to be dedicated or constructed, the plans shall also show the information required for final major subdivision plats as set forth in Chapter 435, Subdivision of Land. The plans shall further include or be accompanied by the following:
(a)
The gross density in units per acre of any residential portion of the development.
(b)
Calculations as to the areas and percentages of areas in each class of permitted and required use as set forth in this chapter.
(c)
Proposed documents relating to the common open space, including but not limited to deeds of conveyance, proposed articles of incorporation and bylaws and such other documents as the municipal agency or its attorney shall deem necessary to determine compliance with this chapter.
(d)
The precise location, height and first-floor elevation of all proposed buildings or other structures and the elevation of the finished grade at each corner of such structure.
(e)
The final precise location and design of off-street parking areas or loading areas, showing the size and location of bays, aisles and barriers.
(f)
That portion of the proposed water supply, sewerage, stormwater and drainage systems related to the particular building or section and their connections to the facilities granted preliminary approval.
(g)
The location, direction or illumination, power and hours of operation of existing and proposed outdoor lighting for the particular building or section.
(h)
The location and elevation plan of existing and proposed signs for the particular building or section.
(i)
The proposed screening, landscaping and planting plan for the particular building or section.
(j)
Such other information or data as may be required by the Land Use Board for determination that the details of the site plan are in accordance with the standards of this chapter and all other ordinances of the Township, including satisfactory evidence of conformance to the performance standards of this chapter.
[Amended 12-18-2019 by Ord. No. 19-28]
§ 490-26 ASCH Affordable Senior Citizens Housing District.
[Added 5-19-2004 by Ord. No. 14-04]
A.
Purpose. This zone is designed to provide affordable housing for senior citizens in an appropriate location in the Township with proximity to major roads and services. This zone provides an additional housing type alternative to meet the needs of moderate-income senior citizens.
D.
Occupancy restrictions.
(1)
Age qualification.
(a)
Any person of 55 years of age or older; or
(b)
A member of a couple under 55 years of age who is residing with his or her partner who is 55 years of age or over; or
(c)
Unemancipated children (as defined under New Jersey Law) who are 19 years of age or older who reside with their parents or parent where at least one of the parents with whom the child or children are residing is 55 years of age or older; or
(d)
Those persons meeting the requirements for such age-restricted housing as required by the Federal Fair Housing Act and the regulations adopted pursuant thereto.
(2)
Income qualification. All households must meet the income qualifying standards of the Council on Affordable Housing for moderate-income households of 80% or less of the median income for Morris County as established by the US Department of Housing and Urban Development, at the time of occupancy. All units shall be deed restricted for at least 30 years requiring that the subsequent buyers of any such units during the time period must meet the income qualification standards applicable at the time.
E.
Bulk and area requirements shall be as follows:
(1)
Minimum lot size: five acres.
(2)
Minimum lot width: 150 feet.
(3)
Maximum density: four units per acre.
(4)
Minimum setback from external right-of-way: 15 feet.
(5)
Minimum front yard setback from internal road: 20 feet.
(6)
Minimum rear yard setback: 10 feet.
(7)
Minimum side yard setback: 10 feet.
(8)
Maximum building coverage: 20%.
(9)
Maximum lot coverage: 45%.
(10)
Building height: 2 1/2 stories or 35 feet.
(11)
Off-street parking: two spaces per unit (garage and driveway).
(12)
Minimum landscaping: 40%.
F.
Utility requirements. Each unit shall be required to be served by municipally owned and operated water and sewer system.
G.
Common property. Every development, pursuant to this chapter, shall have a homeowners' association or condominium association. The document creating such an association shall be provided to the Township as part of the developer's agreement and shall be approved by the Township Attorney and the New Jersey Department of Community Affairs.
H.
Design standards.
(1)
Design standards for internal streets and roads, and sidewalks and driveways shall be consistent with the requirements of the New Jersey Residential Site Improvement Standards.
(2)
Design standards for on-site drainage shall be provided for in accordance with New Jersey State Law and the Township of Jefferson storm drainage requirements and applicable Township ordinances that pertain to subdivision and development of lands.
(3)
Maintenance-free building exteriors are encouraged using a variety of quality composite siding materials, vinyl, brick, stone or other cultured materials.
§ 490-26.1 Affordable Housing Overlay Zone (AHO).
[Added 12-4-2024 by Ord. No. 24-21]
A.
Intent, purpose and applicability. The intent purpose of the Affordable Housing Overlay (AHO) Zone is to create a realistic opportunity for the construction of low- and moderate-income housing in the Township of Jefferson on land that may become available for development, thereby addressing the Township's fair share housing obligation under the New Jersey Fair Housing Act and constitutional obligations to provide affordable housing. The AHO Zone applies to Block 273.03, Lot 1 when residential uses are proposed in the zone.
B.
Permitted uses. Multifamily residential units are permitted in the AHO Zone subject to a mandatory 20% set-aside for affordable housing. Multifamily residential uses are permitted in addition to those uses already permitted by the underlying zone district. Multifamily residential use may be proposed over permitted uses in the underlying zone in a mixed-use building or as a stand-alone multifamily residential building. Nonresidential uses may be proposed in addition to the proposed residential uses on the property.
D.
Multifamily residential development standards.
(1)
The property specified in the location above may be proposed for subdivision and/or site plan for residential development over retail and service or office uses or adjacent to permitted nonresidential uses in the zone in the form of multifamily apartment buildings.
(2)
The maximum density permitted is 15 units per acre with a 20% set aside for affordable units. Affordable units shall meet the standards of Chapter 192, Affordable Housing, of the Township Code.
(4)
Parking shall be provided at 1.5 spaces per unit with EVSE parking spaces as required by state law.
(5)
All other regulations and requirements of the underlying zone shall remain in effect.