Pemberton City Zoning Code
ARTICLE III
Residential Districts
§ 210-6 Permitted uses.
[Amended 3-16-1981 by Ord. No. 1-1981; 5-18-1987 by Ord. No. 2-1987; 9-19-1994 by Ord. No. 1994-5]
Residential districts shall consist of three classes, namely A, B and C, and in each class, the land may be used and buildings or structures may be altered, erected or used only for the following uses indicated for that class.
A.
In Residential A Districts, the following uses are permitted:
(1)
A single-family dwelling and its accessory buildings and uses.[1]
[1]
Editor's Note: Former Subsection A(2), regarding a public library, public park, public playground or other recreational area not conducted for profit, which immediately followed this subsection, was repealed 2-23-2015 by Ord. No. 2014-6.
B.
In Residential B Districts, the following uses are permitted:
(1)
All those uses permitted in Residential A Districts, subject to all the provisions of this chapter governing such uses.
C.
In Residential C Districts, the following uses are permitted:
(1)
All those uses permitted in Residential A Districts, subject to all the provisions of this chapter governing such uses.
D.
In the Pemberton School Redevelopment District - PSRD, the following uses are permitted:
[Added 7-15-2013 by Ord. No. 2013-6]
§ 210-7 Area, yard and bulk requirements.
A.
In Residential A Districts, the following provisions shall apply:
(1)
No building shall be erected on any lot with an area less than 30,000 square feet and a width of less than 150 feet measured at the street line. The width of lots laid out on a radius or circle shall be measured at the setback line.
(2)
No building or its accessory building shall be erected less than 40 feet from the curbline of any lot. In an existing development the building setback shall not be less than 40 feet of the building line as established by existing buildings.
(3)
On a corner lot all buildings must conform to building lines on both streets.
(4)
Single-story dwelling units shall have a minimum of 1,200 square feet of living floor space; two-story dwellings shall have a minimum of 1,600 square feet of living floor space, 1,000 square feet of which shall be on the first floor.
(5)
No building shall exceed 2 1/2 stories in height.
(6)
A building and its accessory building shall conform to the existing buildings in the area.
B.
In Residential B Districts, the following provisions shall apply:
(1)
No building shall be erected on any lot with an area less than 20,000 square feet and a width of less than 120 feet measured at the street line.
(2)
No building or accessory building shall be erected less than 35 feet from the curbline of any lot. In an existing development the building setback shall not be less than 35 feet of the building line as established by existing buildings.
(3)
On a corner lot all buildings must conform to the building lines on both streets.
(4)
A single one-story dwelling shall have living floor space of not less than 800 square feet; a two-story dwelling shall have living floor space of not less than 1,200 square feet.
(5)
No building shall exceed 2 1/2 stories in height.
(6)
A building and its accessory building shall conform to the existing buildings in the area.
(7)
Cluster development option. In the Residential B District, the following provisions shall apply to lands known as Block 303, Lots 16 and 17. Notwithstanding minimum lot size, lot frontage and setback requirements contained within the Residential B Zone, a cluster development option shall be permitted, provided that the following standards are met:
[Added 3-20-1995 by Ord. No. 1-1995; amended 3-20-1995 by Ord. No. 5-1995; 11-20-1995 by Ord. No. 10-1995; 2-20-1996 by Ord. No. 1-1996]
(a)
No building shall be erected on any lot with an area less than 7,000 square feet. The minimum lot area requirement of 7,000 square feet shall exclude any wetlands and transitional wetlands area pursuant to the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1. The minimum lot width shall be 70 feet and shall be measured at the required front building setback line.
(b)
No building or accessory building shall be erected on any lot less than 25 feet from the front property line of any lot. Every accessory building, except an accessory building constructed as an integral part of the main building, shall be located on the lot to the rear of the front line (or extended front line) of the primary residential dwelling. No accessory building shall be located in, or encroach upon any required rear or side yard setback.
(c)
On a corner lot, all buildings shall conform to the minimum front yard building setback requirements on both streets and shall conform to the required side yard for the other lot lines.
(d)
The minimum required setback from each lot line shall be 10 feet on each side. The required minimum front yard setback shall be 25 feet measured from the front property line. The required minimum rear yard setback shall be 25 feet.
(e)
The maximum height of any proposed dwelling shall be 2 1/2 stories or 35 feet. Not more than 35% of any individual lot shall be covered by buildings including accessory structures. The maximum density shall not exceed 2.1 dwelling units per acre.
(f)
The minimum required percentage of open space to the total area of the proposed cluster development tract shall be 20% of the gross land area. All wetland and transitional wetlands areas shall be designed as common open space and not conveyed to any individual homeowner.
(g)
Open space shall be designated for Borough ownership. Designated open space areas shall be adjacent to the proposed development and shall not be located outside the municipal boundary limits of the Borough.
(h)
Buffer.
[1]
A thirty-foot buffer strip shall be provided along the entire edge of any property that is adjacent to the Township of Pemberton. There shall be located within the buffer strip a landscaped berm 2 1/2 feet to 3 1/2 feet high planted with evergreen trees and shrubbery, the function of which is to conceal adjoining land uses and to deter entry where not authorized. The buffer strip planting must be of six-foot-high evergreen trees and flowering shrubbery that will grow high enough to perform their required function within a reasonable time and be effective throughout the year.
[2]
Street trees (2 1/2 inches in caliper) shall be planted at intervals of 50 feet on both sides of every street in the subdivision.
[3]
Utility structures (well, pumping station) shall be screened from view of adjoining lots with a combination of evergreen trees (six feet high) and flowering shrubs.
(i)
The overall subdivision design, construction and improvement phasing plans and landscaping plans shall be submitted to the Planning Board along with architectural elevations for approval of the general design and to obtain architectural harmony with the adjacent area and natural landscaping features and proposed plantings. The following criteria are to be taken into consideration:
[1]
A mix of no fewer than four separate architectural elevations shall be provided to ensure a harmonious blend.
[2]
Roofs shall be designed with a minimum pitch of 6/12. To add interest to front facades, opposing gables shall be utilized to create design interest in the front facade of each building.
[3]
To promote harmony with the historic character of the Borough, colors for all new homes shall be Benjamin Moore Historical Color Collection or equivalent as approved by the Borough.
[4]
The Planning Board shall review and approve the architectural elevations of all proposed homes prior to building permit issuance.
[5]
The streetlights shall duplicate the antique lighting structures such as exist on Elizabeth and Hanover Streets and shall be spaced at one-hundred-foot intervals on all streets in the subdivision.
(j)
All installation of utilities shall be underground and approved by the Borough Engineer. Ownership of utilities within streets and rights-of-way shall be conveyed to the Borough following approval by the Borough Engineer and acceptance by the Borough Council.
(k)
The cluster development option shall, in addition to all other requirements of this chapter, provide for not less than one playground including at least four types of play apparatus to be incorporated in the overall cluster development plan. The developer may, in lieu of locating the same on-site, pay to the Borough a sum of money to be utilized by the Borough to improve any recreational areas located in the Borough. The sum of money, if paid to the Borough, shall be equated to the cost by the developer in installing and maintaining the playground for a period of two years from the date of installation of the facility on developer's land. The size of the facility, its lighting, fencing, and other requirements shall be subject to approval by the Planning Board where the proposed facility is placed on lands of the developer.
(l)
Any development which utilizes the cluster option shall satisfy its affordable housing responsibilities in any one of the following ways:
[Amended 6-15-1998 by Ord. No. 1998-4[1]]
[1]
The construction by Bootstraps of 28 affordable units, of which 16 shall count against the Borough's present fair share responsibilities and the remaining 12 shall apply to any future fair share responsibilities.
[2]
The construction by Bootstraps of 18 affordable units, of which 16 shall count against the Borough's present fair share responsibilities and the remaining two shall apply to any future fair share responsibilities. In such a scenario, Bootstraps shall not be obligated to pay any Mount Laurel fee and the remaining units shall be market units -- i.e., units that have no Mount Laurel restriction.
[3]
The construction by Bootstraps of eight affordable units, which shall leave a shortfall in the Borough's affordable housing plan of eight units. The Borough shall have the obligation to satisfy this remaining portion of its fair share and Bootstraps shall have the obligation to contribute $30,000 towards the Borough's efforts, payable on a pro rata basis over the course of the construction of the remaining units in the project, all of which shall be market units.
[4]
In the event Bootstraps does not construct any affordable units, then the Borough shall implement its existing housing element and fair share plan and Bootstraps or its predecessor or successor shall have the responsibility to pay $60,000 in accordance with the existing consent order.
[1]
Editor's Note: Ord. No. 1998-4 also provided that: "This ordinance shall take effect upon the later of (a) the execution by the parties of a mutually acceptable Consent Order inclusive of a Developers Agreement and the Court's execution of the Consent Order; (b) the amendment to the housing element and fair share plan consistent herewith; and (c) the Court's approval of the amendment to the housing element and the fair share plan."
C.
In Residential C Districts, the following provisions shall apply.
(1)
No building shall be erected on any lot within an area less than 7,500 square feet and a width of less than 75 feet measured at the street line.
(2)
No building or accessory building shall be erected less than 30 feet from the curbline of any lot. In an existing development the building setback shall not be less than 30 feet of the building line as established by existing buildings.
(3)
On a corner lot all buildings must conform to the building lines on both streets.
(4)
A single one-story dwelling shall have living floor space of not less than 1,200 square feet; a two-story dwelling shall have living floor space of not less than 1,600 square feet.
[Amended 7-18-2005 by Ord. No. 2005-10]
(5)
No building shall exceed 2 1/2 stories in height.
(6)
A building and its accessory building shall conform to the existing buildings in the area.
D.
In Residential A, B and C Districts, the following provisions shall apply:
(1)
No private garage or other accessory building or outbuilding shall be placed closer to a side or rear property line than 10 feet, which shall be measured from the farthest projection of the structure. A garage connected to a dwelling by a roofed-over breezeway shall be regarded as a structural part of the dwelling.
(2)
No row houses, double houses, hotels, motels, trailers or tents shall be permitted within any residential district.[2]
[2]
Editor's Note: Former Subsection E and Art. IVA, both regarding the Residential A-PARC District, added 5-18-1987 by Ord. No. 2-1987, which immediately followed this section, were deleted 9-19-1994 by Ord. No. 1994-5.
E.
In the Pemberton School Redevelopment District - PSRD, the following provisions shall apply:
[Added 7-15-2013 by Ord. No. 2013-6]
(1)
Single-family detached dwellings shall conform to the area, yard and bulk requirements for the Residential C Districts, as identified in § 210-7C above.
(2)
Attached, zero-lot-line duplex single-family dwellings and their accessory uses shall conform to the following requirements:
(a)
Area, yard and bulk requirements:
[1]
No dwelling shall be erected on any lot with an area less than 3,000 square feet and a lot width of less than 30 feet. Lot width shall be measured at the front yard setback line.
[3]
Maximum building height: 35 feet; 2 1/2 stories.
[4]
Maximum impervious coverage: 50%.
[5]
The front and rear building walls of each attached zero-lot-line dwelling shall be offset a minimum of five feet from the dwelling to which they are attached.
[6]
The front and rear building walls of adjacent buildings within a development shall not have staggered setbacks such that building lines shall conform to the building line of adjacent buildings. This standard may be relaxed where street geometry requires placement of buildings out of line with adjacent buildings (i.e., on a cul-de-sac).
(b)
Design standards: buffer, street trees and fencing:
[1]
A ten-foot buffer shall be maintained along rear property lot lines of adjoining residential lots, which shall include the following:
[a]
One shade tree or evergreen tree shall be planted at the center line of and five feet from each off-site adjoining residential rear lot line. Shade trees shall be at 2 1/2 inches' to three inches' caliper at the time of planting and shall be native species of beech, birch, elm, maple, or oak. Evergreen species shall not be nonnative species. Not more than 33% of the trees planted may be the same species.
[b]
Early Street. At least three shade trees evenly spaced shall be planted along Early Street. A continuous hedge of boxwood or other similar evergreen shall be planted along the Early Street frontage.
[2]
Street trees. One street tree shall be provided for every 50 feet of street frontage. Trees shall be evenly spaced on both sides of the street. Shade trees selected and provided shall conform to Subsection E(2)(b)[1][a] above.
[3]
Fence. A six-foot stockade wood or PVC white fence shall be erected parallel to adjoining residential rear lot lines and shall be set back 10 feet from the tract boundary.
[4]
Restrictive covenants shall be placed on all lots with the requirement that buffer, street and shade tree plantings and fencing on each lot shall be continuously maintained at the lot owner's expense. Evidence that property owners have agreed to accept this maintenance obligation shall be provided to the Borough Solicitor prior to the issuance of a certificate of occupancy.
(c)
Historic district review:
[2]
General guidelines.
[a]
Early Street. At least three shade trees evenly spaced shall be planted along Early Street. A continuous hedge of boxwood or other similar evergreen shall be planted along the Early Street frontage.
[b]
Exterior siding and roof materials should be consistent with those materials found on historic buildings found throughout the Pemberton Borough Historic District, including clapboard siding, wide trim including mouldings, fascia and frieze boards under soffit and barge boards, frieze boards, siding corners and around all fenestration. Mouldings should be color-matched and contrast with siding color. Dimensional roof shingles should be used. Where used, brick should be of a color and texture similar to that found on historic buildings found in the Historic District.
[c]
Siding colors should be deep, rich colors, rather than pastel.
[d]
Exterior door color should be deep, rich and provide contrast with siding.
[e]
Roof pitch should be uniform on all fields of the roof system for all components of the building.
[f]
All wood surfaces shall be painted.
[g]
Fascia, frieze boards and decorative trim elements shall be incorporated into the exterior finish of the building.