Manchester Township
City Zoning Code
City Zoning Code
§ 245-31
CAFRA Area and Pinelands National Reserve Area zoning districts and regulations.
A.
General regulations applicable to CAFRA Area and Pinelands National Reserve Area Zoning Districts. The general regulations contained in § 245-32A shall be applicable to zoning districts located within the CAFRA Area and Pinelands National Reserve Areas of the Township.
C.
RA Rural Agricultural Zone.
(1)
Permitted uses.
(a)
Customary agricultural uses, including accessory uses on the same lot with and customarily incidental to the principal use. This may include a roadside stand or building for the sale of farm products conducted solely by the farm operator. Pig or hog farms shall not be permitted.
(b)
Single-family houses.
(c)
Churches or places of worship on a minimum of a two-acre lot.
(d)
Customary home occupations such as dressmaking, millinery, and home cooking, provided that such occupations shall be conducted solely by resident occupants of the building, and that not more than the equivalent of 1/3 if the area of the floor shall be used for such purposes, and that no display of products or advertising of any kind shall be visible from the street. No equipment shall be used in such an occupation which is not usually found in the home.
(e)
Professional office, in-home. The use of a portion of a dwelling as professional office shall be restricted to the first floor of the building and shall not exceed 25% of the total floor area of the building. Said office shall be used only by a resident of that building. [Subsection C(1)(d) and (e) shall not permit any structural or architectural changes to accommodate said occupation unless changes shall be deemed by the Zoning Board of Adjustment to be customary and normal in a dwelling unit and in character with the surrounding houses, and further, that any additional off-street parking deemed necessary be provided.]
(f)
Parks and playgrounds not operated for profit.
(g)
Public and private institutions for education not operated for profit.
(h)
Institutions; fraternal, benevolent, religious and/or charitable.
(i)
Government buildings.
(j)
Homes, lodges, hunting lodges, meeting halls, clubs and camps for social and/or service organizations.
(k)
Cemeteries.
(l)
Incidental to a residence, a shop of a plumber, smith, electrician, carpenter, printer, or similar tradesman and craftsman, provided that all activities take place in not more than one enclosed building of less than 1,000 square feet, that such building, any storage area and any vehicles incidental to the business (which vehicles shall be limited to three in number) shall not be located or parked in any required front yard nor within 100 feet of any residential lot line, that any incidental outdoor storage be limited to 200 square feet and screened so as not to be visible from adjacent properties and streets. This shall not be construed to allow wholesale or retail operations for sale of merchandise.
(m)
Golf courses with a minimum of nine holes.
(3)
Conditional uses. The following uses are defined as conditional uses and may be permitted subject to the requirements and procedures as set forth in Article VIII, Conditional Use Permits, Procedures and Requirements, of this chapter, which shall govern:
(a)
Hospital.
(b)
Nursing homes.
(c)
Utility installation, except for such facilities as are incidental to and part of the residential or commercial development.
(d)
Recreational campgrounds, in accordance with Chapter 118, Campgrounds, and N.J.A.C. 8:22-1 et seq., Public Campgrounds.
(e)
Cluster development.
(f)
Veterinarian office and animal hospital.
(4)
Yard, area, and building requirements. As specified for this zone in Schedule A, Zoning Districts Schedule,[2] as referenced in Subsection B of this section.
[2]
Editor's Note: Said schedule is included in Appendix 6 attached to this chapter.
(5)
Off-street parking, loading and vehicular access.
D.
R-40 Single-Family Residential Zone.
(1)
Permitted uses.
(a)
Single-family homes.
(b)
Churches and places of worship.
(c)
Public and private schools not operated for a profit, subject to the regulations of the Rural Agricultural Zone pertaining to these uses.
(d)
Parks and playgrounds not operated for a profit.
(e)
Governmental buildings for administrative, protection and safety purposes, such as Township offices, first aid or firehouse.
(3)
Conditional uses. The following uses are defined as conditional uses and may be permitted subject to the requirements and procedures as set forth in Article VIII, Conditional Use Permits, Procedures and Requirements, of this chapter.
(4)
Yard, area, and building requirements. As specified for this zone in Schedule A, Zoning Districts Schedule,[3] as referenced in Subsection B of this section.
[3]
Editor's Note: Said schedule is included in Appendix 6 attached to this chapter.
(5)
Off-street parking, loading and vehicular access.
E.
R-15, R-14, R-10 and R-10A Single Family Residential Zones.
(3)
Yard, area, and building requirements. As specified for these zones in Schedule A, Zoning Districts Schedule, Subsection B of this section.
(4)
Off-street parking, loading and vehicular access.
(6)
Buildings on undersized lots of record in R-10 Zone. Buildings on lots that do not meet the minimum lot area, minimum lot frontage, minimum lot width or improvable lot area requirements of the R-10 Zone as specified in Schedule A, CAFRA Area and Pinelands National Reserve Area Zoning Districts Schedule, are required to meet the following additional requirements:
[Added 6-24-2013 by Ord. No. 13-005; amended 4-8-2024 by Ord. No. 24-14; 6-10-2024 by Ord. No. 24-25]
(b)
Shall be subject to the building height limitations noted below based upon lot width:
Lot width (in feet) | Maximum building height (in feet) | Maximum building height (in stories) | |
|---|---|---|---|
50 feet or less | 20 feet | 1 story | |
90 feet or less | 25 feet | 1.5 stories | |
Greater than 90 feet | 35 feet | 2.5 stories |
(c)
Shall meet all other requirements of the R-10 Zone.
(d)
For any additional variance being requested in addition to the four cited above, "Schedule 1, Fee Schedule" – line-item H. (Variances) 1. (Hardship or Bulk Variances) a. shall apply.
[Amended 9-23-2024 by Ord. No. 24-33]
(e)
Lots with a width of 50 feet or less shall also be subject to the following conditions:
G.
RC Retirement Community.
[Amended 2-22-2010 by Ord. No. 10-006]
H.
RC-2 Retirement Community-2.
[Amended 11-28-2005 by Ord. No. 05-053]
(1)
Purpose and intent. Development of a planned retirement community, as defined in Article II, Terminology, § 245-8, Word usage; definitions, within the RC-2 Retirement Community Zone shall be a permitted use providing for an inclusionary development of 2,205 age-restricted market housing units on the designated development area in accordance with the Manchester Settlement for a Builder's Remedy and the order approving the Manchester Settlement in the matter of Hovsons, Inc. v. Township of Manchester, Docket No. OCN-L-4357-93PW. The RC-2 Zone is located on a 995.4 acre portion of Block 75.01, Lot 1, referred to in the Manchester Settlement as the "development area," which development area is within the property commonly referred to as the "Heritage Minerals Tract," together with additional acreage associated with accessways between the development area and NJ Route 70 and NJ Route 37/Colonial Drive. This zone is intended to permit, effectuate and implement the Heritage project as it is described in the Manchester Settlement and the Federal Court Stipulation in the matter of Hovsons, Inc. and Homeland Corporation vs. Bruce Babbitt, Secretary of the United States Department of the Interior, Robert C. Shinn, Jr., Commissioner of the NJDEP and Annette Barbaccia, Executive Director of the New Jersey Pinelands Commission (Civil Action No. 00-3943). The Manchester Settlement provides for an inclusionary development of 2,205 age-restricted market housing units within the development area together with the construction off tract of 68 affordable housing units and a monetary contribution toward affordable housing. In the event of a conflict between this subsection and any other municipal law, regulation or ordinance, the provisions of subsection ordinance shall prevail.
(2)
Permitted uses.
(a)
Single-family detached dwellings.
(b)
Senior citizen recreational and cultural facilities for the sole use of the residents of the community and their guests, including the following: clubhouse, shuffleboard courts and picnic grounds. In particular, requirements for the foregoing are more specifically enumerated hereinafter. Recreational and cultural facilities shall not be limited to the foregoing, so that an applicant may propose additional facilities with its submission. All such facilities shall be subordinated to the residential character of the area, and no advertising shall be permitted.
(c)
Commercial and service facilities. The following uses will be permitted, provided that the total square footage does not exceed 20,000 square feet and the standards for B-1 Zone are adhered to:
[1]
Professional offices for doctors, dentists, chiropractors, opticians, accountants and attorneys.
[2]
Medical clinics and first aid facilities.
[3]
Offices for banks, insurance agencies, real estate agencies, financial investment counselors and brokers, and such other similar services.
[4]
General merchandise stores, food stores, eating places and similar such facilities.
[5]
Barber shops, beauty and hairdresser shops, laundry and dry cleaning and similar such facilities.
(d)
Houses of worship. Houses of worship shall be permitted on a minimum lot area of two acres.
(e)
Model homes and/or sales office in accordance with N.J.S.A. 40:55D-66 and any retail home decoration and furnishings sale facility operated by the developer of the planned retirement community solely for the use of purchasers of dwelling units therein.
(f)
Accessory vehicle storage area. A screened, fenced, unpaved, graveled area for the parking of accessory vehicles not normally utilized for transportation such as recreational vehicles, campers, boats and boat trailers at a location and of such size approved by the approving agency. Such area shall not be used in computing green area.
(g)
Maintenance and administration area. A screened area reserved for storage and care of maintenance equipment and administration of the community.
(4)
Development standards. No building permits shall be issued or construction commenced within the area except in accordance with a site development plan herein prescribed. Such site development plan shall meet the following requirements:
(a)
Minimum area and development area. The minimum area for a PRC in the RC-2 Zone shall be 100 contiguous acres under one ownership or control. The development area shall be 995.4 acres. The areas of access roadways and rights-of-way to and from NJ Route 70 and NJ Route 37/Colonial Drive shall be in addition to the development area.
(b)
Density. The permitted density shall be 2.3 dwelling units per gross acre of the development area.
(c)
Residential building coverage. Not more than 20% of the development area shall be covered by buildings.
(d)
Setbacks. No building or structure shall be located closer than 20 feet from a local street, provided that all driveways fronting on said street shall be 25 feet or more in length.
(e)
Distance between residential buildings.
[1]
There shall be a minimum distance of 20 feet between single-family residential structures and a minimum separation of 40 feet at the rear of the structures with a minimum of 20 feet of rear yard area for each residential structure. Single-family fee simple residential lots shall have the following minimum setbacks:
[2]
The maximum height of any single-family dwelling building in a planned retirement community shall be two stories but not exceed 35 feet in height.
(5)
Open space. For the purposes of the RC-2 Zone, "open space" shall be that portion of the development area which is not covered by buildings, a paved street and paved areas, but including the areas of those facilities which are part of the designated open space within the development area not less than 50% of the development area shall be devoted to natural and/or planted vegetation. Open space shall also include wetlands, wetlands transition areas, stormwater management basins, bodies of water, lakes, undeveloped regulated areas, lands serving the clubhouse and active/passive recreation facilities and yard areas in individual building lots not covered by structures or driveways.
(6)
Off-street parking. Two spaces for each single-family detached dwelling unit in accordance with the NJ Residential Site Improvement Standards. A parking space is hereby defined as a space of 10 feet by 20 feet, except that a driveway fronting on a street shall be 25 feet in length as measured from the curb face on the street or 22 feet from the street line if the street is a public street. Driveways shall be designed so that parked vehicles do not overhang sidewalks or common pedestrianways.
(7)
Roads, culs-de-sac, curbs and sidewalks. Roads, culs-de-sac, driveways and sidewalks shall be designed in accordance with the NJ Residential Site Improvement Standards and, where applicable, with the Americans with Disabilities Act design guidelines.
(8)
Buffers. There shall be provided a fifty-foot wide screening strip where nonresidential facilities, including storage areas, abut a residential lot. If the residential and nonresidential uses are separated by a street, no buffer shall be required at that location. No perimeter buffer shall be required along the boundaries of the development area.
(9)
Driveways, walks and parking areas. There shall be provided and designed a safe and convenient system of driveways, sidewalks and parking areas in accordance with Americans with Disabilities Act design guidelines.
(10)
Cul-de-sac islands. Landscaped islands in the center of culs-de-sac shall be permitted, provided that the islands are designed in accordance with the minimum standards of the residential site improvement standards and their maintenance and upkeep is not the responsibility of the Township.
(11)
Roads. Roads in the PRC may be private or public at the election of the developer. In the event the roads are private, then such private roads shall be the responsibility of a homeowners' association. In the event such roads are public, then such public roads shall be the responsibility of the Township of Manchester, including the maintenance of drainage facilities in such public roadways.
(12)
Clubhouse and recreation facilities.
(a)
Clubhouse. There shall be provided at least one clubhouse or community to serve residents of the PRC. The minimum area of the clubhouse or clubhouses shall be computed on the basis of habitable area equal to 15 square feet for each dwelling unit to be built in the PRC. In computing the interior habitable area, all space reserved for mechanical equipment and storage shall be excluded. The developer shall have the right to construct the clubhouse in stages commensurate with the following: The initial stage of the clubhouse shall consist of the minimum habitable area required for 1/3 of the total dwelling units to be built in the PRC and shall be completed and in operation before the 250th dwelling has been completed and a certificate of occupancy issued therefor. The second 1/3 of the required clubhouse habitable area shall be completed before the 950th dwelling unit has been completed and a certificate of occupancy issued. The final 1/3 of the required clubhouse habitable area shall be completed before the 1,650th dwelling unit has been completed and a certificate of occupancy issued. Said clubhouse or clubhouses shall have an adjoining off-street parking area(s) at a ratio of one parking space for each eight dwelling units utilizing the clubhouse or clubhouses.
(b)
Recreation facilities.
(c)
Landscaping. All grounds surrounding clubhouse, recreational and administrative facilities shall be attractively landscaped, provided with appropriate walkways and provided with an adequate irrigation system.
(14)
Dedication of land for public use. Land offered for dedication, if any, to Manchester Township shall be in conformance with § 245-67I and applicable statutes.
(15)
Covenants, deed restrictions and homeowner association bylaws. All covenants, deed or other restrictions and homeowner association bylaws and any amendments thereto shall be filed with the Township Clerk.
(16)
Exceptions to provisions of Chapter 245. The following provisions of Chapter 245 shall be applicable as clarified below and only to the extent that same do not restrict, impede and/or conflict with the Manchester Settlement and/or other provisions of this subsection.
(d)
Section 245-82D, Environmental design requirements. The provisions of this section shall not apply to the RC-2 Zone. Environmental studies have been performed, and appropriate analyses and determinations have been made by the NJDEP and the Pinelands Commission, prior to and during the course of the negotiation and entry of the Federal Court Stipulation substantiating that the development area is developable. These studies shall be deemed to address submission checklist requirements contained in Appendix 5. Any and all requirements that Hovsons, Inc. submit an environmental impact statement, environmental impact assessment and any environmental reporting requirements to the Township of Manchester have been satisfied by the environmental studies previously performed for the NJDEP and the Pinelands Commission. Hovsons' environmental obligations, as set forth in the Federal Court Stipulation, shall be enforced exclusively by the NJDEP and the Pinelands Commission.
(g)
Section 245-82G, Open space and recreation requirements.
[1]
Amount of common open space required.
[2]
Circulation plan. The reference to "path system" therein shall mean sidewalks.
[3]
Undeveloped common open space.
[4]
Deed restrictions.
[5]
Common open space ownership. The provisions of § 245-82G(6) shall be applicable, subject to the terms of the Federal Court Stipulation and DEP requirements set forth therein. The open space located within the development area shall be deeded to and owned by a homeowners' association.
(i)
Article XI, Affordable Housing Regulations, §§ 245-90 through 245-99. Notwithstanding the provisions of this article, the affordable housing obligation for the RC-2 Development Area shall be as set forth in the Manchester Settlement and in the event of any discrepancy or conflict between the provisions of Article XI and COAH regulations, the provisions of the COAH regulations set forth in N.J.A.C. 5:93-1.1 et seq. shall apply. Since Heritage is an inclusionary development, development fees shall not be required.
(j)
Steep slopes. Notwithstanding anything to the contrary in this chapter or other Township ordinances and regulations, man-made slopes and grades shall not be considered "steep slopes" within the development area in this zone. Applicant shall have the right to build within any portion of the development area, regardless of steep slopes, by performing appropriate grading and landscaping.
(l)
Submission procedures. Notwithstanding requirements in § 245-36, Submission procedures, for subdivisions; § 245-46, for site plans; and § 245-12, Applicant's general submission procedures, applications for development in the RC-2 Zone shall be processed in accordance with the Manchester Settlement Agreement with respect to general development plan, subdivisions and site plans approvals.
(m)
Shade trees. The provisions of § 245-81H(2) and (3), Shade trees and streetscape planting strips, shall not be applicable to development within the development area. The provisions of § 245-81H shall be applicable to the access road from NJ Route 37/Colonial Drive.
(n)
Floor area ratio. Floor area ratios shall not apply to the RC-2 Zone.
J.
MP Mobile Home Park.
[Amended 2-22-2010 by Ord. No. 10-006]
K.
FA-R Forest Area - Receiving Zone.
[Amended 6-14-2010 by Ord. No. 10-012; 9-8-2014 by Ord. No. 14-015; 7-13-2015 by Ord. No. 15-010; 12-10-2018 by Ord. No. 18-035]
(1)
Permitted uses. The following uses shall be permitted in the Forest Area - Receiving (FA-R) zone:
(a)
All permitted uses as specified in the Forest Area - Sending (FA-S) zone, in accordance with § 245-31L(1).
(3)
Conditional uses. The following uses shall be permitted in the Forest Area - Receiving (FA-R) zone upon obtaining a conditional use permit pursuant to Article VII, Conditional Use Permits, Procedures and Requirements, of this chapter:
(a)
All conditional uses as specified in the Forest Area - Sending (FA-S) zone, in accordance with § 245-31L(3).
(b)
Detached single-family dwellings on lots of at least one acre in area, provided that:
[1]
The owner of the lot proposed for development acquires sufficient vacant contiguous or noncontiguous land that, when combined with the acreage of the lot to be developed, equals at least 20 acres;
[2]
All noncontiguous lands acquired pursuant to Subsection K(3)(a)[1] above, which may or may not be developable, are located within the FA-S zone;
[3]
All noncontiguous lands acquired pursuant to Subsection K(3)(a)[1] and [2] above are permanently protected through recordation of a deed of restriction. Such restriction shall be in favor of the parcel to be developed and the municipality or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission. Such deed of restriction shall permit the parcel to be managed for low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of this Chapter 245;
[4]
Tax assessments for the acquired noncontiguous lands are combined and assigned to the lot to be developed; and
(4)
Area, yard and building requirements: As set forth in Appendix 6, Zoning Schedule A of this chapter for the FA-R zone. Notwithstanding the minimum lot areas set forth in Schedule A, no such minimum lot area for a nonresidential use in the FA-R zone shall be less than that needed to meet the water quality standards of § 245-32K(2)(d), whether or not the lot may be served by a centralized sewer treatment or collection system.
L.
FA-S Forest Area - Sending Zone.
[Amended 12-10-2018 by Ord. No. 18-035]
(1)
Permitted uses. The following uses shall be permitted in the Forest Area - Sending (FA-S) zone:
(a)
Single-family detached residential dwelling units at a gross density of one dwelling unit per 20 acres.
(b)
Clustered single-family residential dwelling units. Clustering of single-family dwellings is permitted whenever two or more units are proposed as part of a residential development. The following standards shall apply:
[1]
Permitted density shall be one unit per 20 acres;
[2]
The number of residential lots permitted within the cluster shall be calculated on the basis of the size of the parcel of land and the density permitted in Subsection L(1)(b)[1] above. If the development area identified pursuant to Subsection L(1)(b)[3] below is located on contiguous lands in a FA-R zone, a bonus shall be applied as follows:
[3]
The residential cluster shall be located on the parcel such that the development area is:
[4]
Development within the residential cluster shall be designed as follows:
[a]
Residential lots shall be a minimum of one acre in size within any FA-S zone but may be larger if dictated by unusual site conditions. In no case shall the average size of residential lots within a cluster exceed 1.1 acres;
[b]
Lot width and yard requirements shall be consistent with the RA zone as set forth in Appendix 6, Zoning Schedule A of this chapter;
[c]
The lots within the cluster development may be served by individual on-site septic wastewater treatment systems that are not intended to reduce the level of nitrate/nitrogen in the waste in accordance with the water quality standards of § 245-32K(2)(d). Two or more residential dwelling units may be served by community on-site wastewater treatment systems in accordance with the standards of § 245-32K(2)(e) or (g);
[d]
The residential cluster development area shall include such land and facilities as are necessary to support the development, including wastewater facilities, stormwater management facilities and recreation amenities; and
[e]
Permitted recreation amenities may include playgrounds, tot lots, swimming pools, tennis courts and other such recreational facilities, which are solely for use by the residents of the cluster development. Recreational amenities shall not be limited to the foregoing so that the applicant may propose additional facilities. All such facilities shall be accessory to the residential cluster development. No advertising or commercial enterprise shall be permitted. In no case shall such amenities occupy more than 1/2 acre of land or the equivalent of one acre of land for every 25 residential lots, whichever is greater.
[5]
The balance of the parcel located outside of the residential cluster development shall be owned and managed by a duly constituted homeowners' association, a nonprofit conservation organization, Manchester Township or incorporated as part of one of the lots within the cluster development area.
[a]
All such land shall be permanently protected through recordation of a deed of conservation restriction. Such restriction shall be in favor of Manchester Township or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission; and
[b]
Such deed of conservation restriction shall permit the land to be managed for low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of Chapter 245.
(c)
Agriculture.
(e)
Low-intensity recreational uses, provided that:
[1]
The parcel proposed for low-intensity recreational use has an area of at least 50 acres.
[2]
The recreational use does not involve the use of motorized vehicles except for necessary transportation.
[3]
Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage.
[4]
The parcel will contain no more than one campsite per two acres, provided that the campsites shall not be clustered at a net density exceeding six campsites per acre.
[5]
Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel.
[6]
No more than 1% of the parcel will be covered with impermeable surfaces.
(g)
Fish and wildlife management areas and wetlands management.
(h)
Expansion of intensive recreational uses, provided that:
[1]
The intensive recreational use was in existence on February 7, 1979, and the capacity of the use will not exceed two times the capacity of the use on February 7, 1979.
[2]
The use is necessary to achieve recreational use of a particular element of the existing Pinelands environment.
[3]
The use is environmentally and aesthetically compatible with the essential character of the Pinelands Forest Area and the characteristics of the particular basin in which the use is to be located, taking into consideration the proportion of cleared and developed land, ambient water quality, ecologically sensitive areas and unique resources, and will not unduly burden available public services.
(3)
Conditional uses. The following uses shall be permitted in the Forest Area - Sending (FA-S) zone upon obtaining a conditional use permit pursuant to Article VII, Conditional Use Permits, Procedures and Requirements, of this chapter:
(a)
Campgrounds, not to exceed one campsite per gross acre, provided that the campsites may be clustered at a net density not to exceed 10 campsites per acre.
(4)
Area, yard and building requirements: As set forth in Appendix 6, Zoning Schedule A of this chapter for the FA-S zone. Notwithstanding the minimum lot areas set forth in Schedule B, no such minimum lot area for a nonresidential use in the FA-S zone shall be less than that needed to meet the water quality standards of § 245-32K(2)(d), whether or not the lot may be served by a centralized sewer treatment or collection system.
M.
OR-LI Office, Research and Light Industrial.
(3)
Conditional uses. The conditional uses specified in Schedule E, CAFRA Area and Pinelands National Reserve Area Nonresidential Zoning District Permitted and Conditional Use Schedule,[7] may be permitted subject to the requirements and procedures as set forth in Article VIII, Conditional Use Permits, Procedures and Requirements, of this chapter.
[7]
Editor's Note: Said schedule is included in Appendix 6, an attachment to this chapter.
(5)
(9)
Expressly prohibited uses. The following uses are expressly prohibited:
(a)
No residences or residential uses are permitted in this zone.
(b)
Processing or fabrication of materials, except that clearly incidental to a permitted research operation and restricted to quantities sufficient for such operation.
(c)
The bulk storage of liquid fuels above ground for any purpose. Such incidental fuel storage as may be required for a research operation shall be subject to the Fire Prevention Code of the Township[9] and shall be restricted to such quantities as may, in the opinion of the Chief Inspector, be deemed necessary to the proper performance of said operation.
N.
O-P Office Professional.
(1)
Permitted uses. As specified in Schedule E, CAFRA Area and Pinelands National Reserve Area Nonresidential Zoning Districts Permitted and Conditional Use Schedule.[10]
[Amended 3-23-1998 by Ord. No. 98-009; 2-22-1999 by Ord. No. 99-001]
[10]
Editor's Note: Said schedule is included in Appendix 6 at the end of this chapter.
(3)
Conditional uses. The conditional uses specified in Schedule E, CAFRA Area and Pinelands National Reserve Area Nonresidential Zoning Districts Permitted and Conditional Use Schedule[11] may be permitted subject to the requirements and procedures as set forth in Article VIII, Conditional Use Permits, Procedures and Requirements, of this chapter.
[Amended 3-23-1998 by Ord. No. 98-009; 2-22-1999 by Ord. No. 99-001]
[11]
Editor's Note: Said schedule is included in Appendix 6 at the end of this chapter.
(5)
(9)
Expressly prohibited uses. The following uses are expressly prohibited:
(a)
No residences or residential uses are permitted in this zone.
(b)
Processing or fabrication of materials, except that clearly incidental to a permitted research operation and restricted to quantities sufficient for such operation.
(c)
The bulk storage of liquid fuels above ground for any purpose. Such incidental fuel storage as may be required for a research operation shall be subject to the Fire Prevention Code of the Township[13] and shall be restricted to such quantities as may, in the opinion of the Chief Inspector, be deemed necessary to the proper performance of said operation.
O.
B-1 Business Zone.
(1)
Permitted uses. As specified in Schedule E, CAFRA Area and Pinelands National Reserve Area Nonresidential Zoning District Permitted and Conditional Use Schedule.[14]
[Amended 3-23-1998 by Ord. No. 98-009; 2-22-1999 by Ord. No. 99-001]
[14]
Editor's Note: Said schedule is included in Appendix 6 at the end of this chapter.
(2)
Uses in existence prior to 1979. Any uses which existed in the B-1 Zone as of January 1, 1979, shall be permitted to continue and shall be treated as a permitted use within the B-1 Zone at the particular site.
(4)
Conditional uses. The conditional uses specified in Schedule E, CAFRA Area and Pinelands National Reserve Area Nonresidential Zoning District Permitted and Conditional Use Schedule,[15] may be permitted subject to the requirements and procedures as set forth in Article VIII, Conditional Use Permits, Procedures and Requirements, of this chapter.
[Amended 3-23-1998 by Ord. No. 98-009; 2-22-1999 by Ord. No. 99-001]
[15]
Editor's Note: Said schedule is included in Appendix 6 at the end of this chapter.
(6)
Off-street parking, loading and vehicular access.
P.
HD-3, HD-3A and HD-10 Highway Development Zones.
(1)
Permitted uses. As specified in Schedule E, CAFRA Area and Pinelands National Reserve Area Nonresidential Zoning District Permitted and Conditional Use Schedule.[17]
[Amended 3-23-1998 by Ord. No. 98-009; 2-22-1999 by Ord. No. 99-001]
[17]
Editor's Note: Said schedule is included in Appendix 6 at the end of this chapter.
(3)
Conditional uses. The conditional uses specified in Schedule E, CAFRA Area and Pinelands National Reserve Area Nonresidential Zoning District Permitted and Conditional Use Schedule,[18] may be permitted, subject to the requirements and procedures as set forth in Article VIII, Conditional Use Permits, Procedures and Requirements, of this chapter.
[Amended 3-23-1998 by Ord. No. 98-009; 2-22-1999 by Ord. No. 99-001]
[18]
Editor's Note: Said schedule is included in Appendix 6 at the end of this chapter.
(5)
Off-street parking, loading and vehicular access.
Q.
LI Light Industrial.
(1)
Permitted uses. As specified in Schedule E, CAFRA Area and Pinelands National Reserve Area Nonresidential Zoning District Permitted and Conditional Use Schedule.[20]
[Amended 3-23-1998 by Ord. No. 98-009; 2-22-1999 by Ord. No. 99-001]
[20]
Editor's Note: Said schedule is included in Appendix 6 at the end of this chapter.
(3)
Conditional uses. The conditional uses specified in the Schedule E, CAFRA Area and Pinelands National Reserve Area Nonresidential Zoning District Permitted and Conditional Use Schedule,[21] may be permitted subject to the requirements and procedures as set forth in Article VIII, Conditional Use Permits, Procedures and Requirements, of this chapter.
[Amended 3-23-1998 by Ord. No. 98-009; 2-22-1999 by Ord. No. 99-001]
[21]
Editor's Note: Said schedule is included in Appendix 6 at the end of this chapter.
(5)
(9)
Expressly prohibited uses. The following uses are expressly prohibited:
(a)
No residences or residential uses are permitted in this zone.
(b)
Processing or fabrication of materials, except that clearly incidental to a permitted research operation and restricted to quantities sufficient for such operation.
(c)
The bulk storage of liquid fuels above ground for any purpose. Such incidental fuel storage as may be required for a research operation shall be subject to the Fire Prevention Code of the Township[23] and shall be restricted to such quantities as may, in the opinion of the Chief Inspector, be deemed necessary to the proper performance of said operation.
R.
TC Town Center.
(1)
Permitted uses.
[Amended 3-23-1998 by Ord. No. 98-009; 2-22-1999 by Ord. No. 99-001; 5-29-2012 by Ord. No. 12-010]
(b)
Planned multifamily development option. In accordance with requirements of § 245-31R(11) below.
(3)
Conditional uses. The conditional uses specified in Schedule E, CAFRA Area and Pinelands National Reserve Area Nonresidential Zoning District Permitted and Conditional Use Schedule,[25] may be permitted subject to the requirements and procedures as set forth in Article VIII, Conditional Use Permits, Procedures and Requirements, of this chapter.
[Amended 3-23-1998 by Ord. No. 98-009; 2-22-1999 by Ord. No. 99-001]
[25]
Editor's Note: Said schedule is included in Appendix 6 at the end of this chapter.
(5)
(9)
Expressly prohibited uses. The following uses are expressly prohibited:
(a)
[27]Processing or fabrication of materials, except those clearly incidental to a permitted research operation and restricted to quantities sufficient for such operation.
[27]
Editor's Note: Former Subsection R(9)(a), which listed residences and residential uses as prohibited uses, was repealed 5-29-2012 by Ord. No. 12-010. This section also provided for the redesignation of former Subsection R(9)(b) and (c) as Subsection R(9)(a) and (b), respectively.
(b)
The bulk storage of liquid fuels above ground for any purpose. Such incidental fuel storage as may be required for a research operation shall be subject to the Fire Prevention Code of the Township[28] and shall be restricted to such quantities as may, in the opinion of the Chief Inspector, be deemed necessary to the proper performance of said operation.
(10)
Other requirements. Development within the TC Zone shall be designed to create a cohesive environment integrating the developed and undeveloped portions of the district, with a strong visual identity, physically linked by pedestrian connections, plazas, or other amenities, and related by a single theme. Development projects shall provide for interconnected pedestrian and vehicular access between development projects. Accordingly, the design shall be guided by the following objectives:
(a)
Architectural style of the planned commercial development shall be designed to avoid a big-box commercial center appearance through facade ornamentation, building offsets, and entry treatments and upgraded building material and color.
(b)
Buildings shall be sited to form a progression of pedestrian-oriented open spaces with visual as well as pedestrian connections between such spaces.
(c)
Open air or enclosed pedestrian spaces shall act as connectors of buildings and shall contain such amenities as changes in level, benches, water features, opportunities for entertainment, and seating areas to provide a sense of place and orientation for its users. There shall be a pedestrian corridor connecting the retail facilities in the portion of the district which is not developed with the portion of the district which already contains retail facilities. Such corridor shall include the amenities set forth in this subsection.
(d)
One or more entertainment or outdoor recreation facilities constituting a design focus of the planned commercial development and acceptable to the board of jurisdiction shall be provided.
(e)
At least 18% of the development area shall be devoted to pedestrian spaces, including but not limited to sidewalks in front of stores, and associated landscaping and water features, including but not limited to fountains, plazas, any lawn or landscaped areas, parking islands, and the like (but not preserved open space) and entertainment and outdoor recreation amenities.
(f)
At least 30% of the district shall be devoted to preserved open space, which may include walking trails.
(g)
Access to service and deliveries shall not obstruct site traffic patterns. All service areas shall be isolated from main public circulation drives and screened from public view.
(h)
All portions of the TC Zone development not allocated to buildings or improvements shall be allocated to deed-restricted passive recreational space, greenbelt space, or other open space.
(i)
Main walkways shall be a minimum of 10 feet in width and secondary walkways shall be a minimum of six feet in width.
(11)
Planned multifamily development option.
[Added 5-29-2012 by Ord. No. 12-010]
(a)
Permitted use: multifamily residential units including rental apartments.
(b)
Minimum lot size: 30 acres.
(c)
Maximum density: 10 dwelling units per acre.
(f)
Minimum rear yard setback: 60 feet.
(g)
Maximum impervious coverage: 30%.
(h)
Minimum width of any residential unit: 18 feet.
(i)
Maximum building height:
[1]
30 feet and two stories for buildings fronting on all principal arterial roadways, contiguous to highway development zones and/or fronting on municipal roadways within residential zones.
[2]
40 feet and three stories for buildings at a minimum of 150 feet from all principal arterial roadways, Colonial Drive, highway development zones, existing commercial development and/or a municipal roadway within a residential zone and a minimum of 125 feet from Colonial Drive.
(k)
Minimum distance between buildings:
[1]
For multifamily residential buildings oriented essentially at 90° to each other or oriented essentially end to end from each other, the minimum distance shall be 30 feet for two-story buildings and 40 feet for three story buildings.
[2]
For multifamily residential buildings oriented essentially with a parallel axis facing each other, shall be 45 feet for two-story buildings and 60 feet for three-story buildings.
(l)
Affordable housing requirement. The applicant shall provide for a twenty-percent inclusionary component or such other requirement that is in effect in accordance with a court-approved housing plan or housing plan approved by the New Jersey Department of Community Affairs at the time of final site plan approval. The type and distribution of affordable housing units shall conform to the regulations in effect by the Department of Community Affairs or such other state agency designated as the regulatory agency for affordable housing in New Jersey at the time of the issuance of the first building permit for the development.
(m)
No portion of any dwelling unit shall be lower than the outside finished grade (excluding the basement portion of the dwelling unit). No depressed siting shall be permitted.
(n)
Recreation area requirement. Recreation areas shall be provided at the rate of 125 square feet per dwelling unit. All recreation areas shall be landscaped. Recreation areas may include a swimming pool, clubhouse, picnic areas, tot-lots, sports courts, sports fields, walking/running trails and passive open space in areas that are not required building setback areas, conservation areas, retention and detention ponds, environmentally sensitive areas and areas preserved for vegetative coverage required by CAFRA.
(p)
Utility requirements. The applicant for the site plan approval shall arrange with the serving utility for the underground installation of the utility distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariff on file with the State of New Jersey Board of Public Utilities. All multifamily and attached single-family development shall be served by public sewer and public water in accordance with the requirements of the Manchester Township Department of Utilities.
[Amended 4-14-2014 by Ord. No. 14-007; 11-28-2016 by Ord. No. 16-037; 8-8-2022 by Ord. No. 22-23]
(q)
Landscaping and buffer requirements. All areas of multifamily and attached single-family development not used for construction of buildings, roads, accessways, parking areas or sidewalks shall be reasonably landscaped or grassed. All trees within 50 feet of the perimeter boundary of the development site shall be preserved to the maximum extent possible. All tree preservation and protection areas shall be identified on the site plan and shall be marked in the field and verified by the Township Engineer prior to site clearing, grading or other disturbance. Where no trees exist within 50 feet of the perimeter boundary of the development site, or when the existing trees must be removed for grading purposes, the developer shall plant trees within such fifty-foot perimeter at the rate of one evergreen tree included per 200 square feet and supplemented by evergreen shrubs as determined by the reviewing agency to provide a visual screen from adjacent residential and nonresidential development. Pinelands vegetation shall be utilized to the greatest extent possible. Plantings shall conform with the planting requirements for shade trees and streetscape planting strips as provided in § 245-81H.
(r)
Interior roads and driveways. Roads may be private or public at the discretion of the developer. In the event the roads are private, then such private roads shall be the responsibility of the property owner, property management company or homeowners' association. In such event, the provisions of the Municipal Services Act[30] shall be applicable. In the event such roads are public, then such public roads shall designed in accordance with residential site improvement standards and approved by and accepted by the Township of Manchester and be the responsibility of the Township of Manchester, including the maintenance of drainage facilities in such public roadways.
[30]
Editor's Note: See N.J.S.A. 40:67-23.2 et seq.
(s)
Permitted accessory uses. Permitted accessory uses usually and customarily incidental to the above uses, as specified below:
(t)
Site disturbance. Maximum allowable site disturbance shall not exceed 80%.
(u)
Site access. Any development shall provide a minimum of two full access roadways for use by residents in accordance with § 245-81I. One full access shall be from a principal arterial roadway.
(v)
Signs shall be installed in accordance with § 245-27E, General sign regulations, with the following exceptions:
[1]
A ground sign not greater than 60 square feet in area shall be permitted on a street frontage of 100 feet or more. Where dual street frontages exist, one ground sign shall be permitted on each street.
[2]
Ground signs shall not be located nearer than 25 feet to any property line nor within 50 feet of an intersection or entrance roadway or within a required sight distance triangle as regulated by a governmental agency.
[3]
Pathfinder or locater signs for building and site facilities not greater than 20 square feet in area shall be permitted at entrance location points and internal drive intersections.
(x)
Applications for developments utilizing the planned multifamily development option shall conform with all applicable requirements of Chapter 245, including but not limited to Article VI, Site Plan Requirements and Procedures; Article IX, Improvements, Requirements and Design Standards; and Article X, Performance and Maintenance Guarantees.
S.
MF Multifamily.
[Added 9-8-2014 by Ord. No. 14-015; amended 7-13-2015 by Ord. No. 15-010; 11-14-2016 by Ord. No. 16-036; 2-13-2017 by Ord. No. 17-002; 11-13-2017 by Ord. No. 17-024]
(1)
Permitted uses. As specified in Schedule D, CAFRA Area and Pinelands National Reserve Area Zoning Districts-Permitted and Conditional Uses, for the MF Zone.
(2)
Planned multifamily development option.
(a)
Permitted use: multifamily residential units, including rental apartments.
(b)
Minimum lot size: five acres.
(c)
Maximum density: six dwelling units per developable acre.
(d)
Minimum front yard setbacks from roadways: as classified in the Township Master Plan:
[1]
Principal arterial roadways: 100 feet except where the principal arterial right-of-way is 200 feet or greater and the distance from the cartway and/or paved shoulder to the property line is 100 feet or greater, wherein the minimum front yard may be 50 feet.
[2]
Minor arterials, major collectors and minor collectors: 100 feet.
[3]
Local roads: 75 feet.
(e)
Minimum side yard setback: 50 feet.
(f)
Minimum rear yard setback: 50 feet.
(h)
Maximum impervious coverage: 30%.
(i)
Minimum width of any residential unit: 18 feet.
(j)
Maximum building height: three stories and 40 feet.
(k)
Maximum number of units per structure: 12.
(l)
Minimum distance between buildings:
[1]
For multifamily residential buildings oriented essentially at 90° to each other or oriented essentially end to end from each other, the minimum distance shall be 30 feet.
[2]
For multifamily residential buildings oriented essentially with a parallel axis facing each other, the minimum distance shall be 45 feet.
(m)
Affordable housing requirement. The applicant shall provide for a twenty-percent inclusionary component or such other requirement that is in effect in accordance with a court-approved housing plan or a housing plan approved by the New Jersey Council on Affordable Housing (COAH) at the time of final site plan approval. The type, construction and distribution of affordable housing units shall conform to the regulations in effect by COAH, by the Department of Community Affairs or such other state agency designated as the regulatory agency for affordable housing and affordable housing construction in New Jersey at the time of the issuance of the first building permit for the development.
(n)
No portion of any dwelling unit shall be lower than the outside finished grade (excluding the basement portion of the dwelling unit). No depressed siting shall be permitted.
(o)
Recreation area requirement. Recreation areas shall be provided at the rate of 125 square feet per dwelling unit. All recreation areas shall be landscaped. Recreation areas may include a swimming pool, clubhouse, picnic areas, tot-lots, sports courts, sports fields, walking/running trails and passive open space in areas that are not required building setback areas, conservation areas, retention and detention ponds, environmentally sensitive areas and areas preserved for vegetative coverage required by CAFRA.
(p)
Off-street parking requirements. Off-street parking requirements for residential structures shall be governed by the New Jersey Residential Site Improvement Standards, N.J.A.C. 5:21-1.1 et seq., and, where applicable, by the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), the New Jersey Uniform Construction Code (N.J.A.C. 5:23-1.1 et seq.) and the New Jersey Barrier Free Subcode (N.J.A.C. 5:23-7.5 et seq.).
(q)
Utility requirements. The applicant for site plan approval shall arrange with the serving utilities for the underground installation of utility distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariff on file with the State of New Jersey Board of Public Utilities. All multifamily and attached single-family development shall be served by public sewer and public water in accordance with the requirements of the Manchester Township Department of Utilities.
[Amended 11-28-2016 by Ord. No. 16-037; 8-8-2022 by Ord. No. 22-23]
(r)
Landscaping and buffer requirements. All areas of multifamily and attached single-family development not used for construction of buildings, roads, accessways, parking areas or sidewalks shall be landscaped or grassed. All trees within 50 feet of the perimeter boundary of the development site shall be preserved to the maximum extent possible. All tree preservation and protection areas shall be identified on the site plan and shall be marked in the field and verified by the Township Engineer prior to site clearing, grading or other disturbance. Where no trees exist within 50 feet of the perimeter boundary of the development site, or when the existing trees must be removed for grading purposes, the developer shall plant trees within such fifty-foot perimeter at the rate of one evergreen tree per 200 square feet and supplemented by evergreen shrubs as determined by the reviewing agency to provide a visual screen from adjacent single-family residential and from nonresidential development. Pinelands vegetation shall be utilized to the greatest extent possible. Plantings shall conform with the planting requirements for shade trees and streetscape planting strips as provided in § 245-81H.
(s)
Interior roads and driveways. Roads may be private or public at the discretion of the developer. In the event the roads are private, then such private roads shall be the responsibility of the property owner, property management company or homeowners' association. In such event, the provisions of the Municipal Services Act shall be applicable. In the event such roads are public, then such public roads shall be designed in accordance with the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-1.1 et seq.) and approved and accepted by the Township of Manchester and thereby be the responsibility of the Township of Manchester, including the maintenance of drainage facilities in such public roadways.
(t)
Permitted accessory uses. Permitted accessory uses usually and customarily incidental to the above uses, as specified below:
(u)
Site disturbance. Maximum allowable site disturbance shall not exceed 70%.
(v)
Site access. Developments with multifamily housing shall provide a minimum of two full-access roadways for use by residents in accordance with § 245-81I when applicable.
(w)
Signs shall be installed in accordance with § 245-27E, General sign regulations, with the following exceptions:
[1]
A ground sign not greater than 60 square feet in area shall be permitted on a street frontage of 100 feet or more. Where dual street frontages exist, one ground sign shall be permitted on each street.
[2]
Ground signs shall not be located nearer than 25 feet to any property line nor within 50 feet of an intersection or entrance roadway or within a required sight distance triangle as regulated by a governmental agency.
[3]
Pathfinder or locator signs for building and site facilities not greater than 20 square feet in area shall be permitted at entrance location points and internal drive intersections.
(x)
Applications for developments utilizing the planned multifamily development option shall conform with all applicable requirements of Chapter 245, including but not limited to Article VI, Site Plan Requirements and Procedures; Article IX, Improvements, Requirements and Design Standards; and Article X, Performance and Maintenance Guarantees.
T.
R-20 Residential 20,000 square feet.
[Added 11-14-2016 by Ord. No. 16-036; amended 2-13-2017 by Ord. No. 17-002; 11-13-2017 by Ord. No. 17-024]
(3)
Yard, area, and building requirements. As specified for these zones in Schedule A, Zoning Districts Schedule, Subsection B of this section.
(4)
Off-street parking, loading and vehicular access.
(6)
Lot averaging.
(a)
Buildings on undersized lots of record in R-20 Zone will be considered conforming and new subdivisions within the R-20 Zone may include lots that are less than 20,000 square feet in area provided that the average lot size of the entire subdivision is 20,000 square feet or greater. No lot within any new subdivision shall be less than 15,000 square feet.
(b)
Buildings on undersized lots of record in R-20 Zone shall meet all other requirements of the R-20 Zone except for improvable lot area.