A.

Any institutional, governmental or public utility facility use, as defined in Article I of this Chapter, may be permitted as a conditional use in any of the zone districts created by this Article, provided that the following requirements are met:

1.

[Site plan.] Before any development approvals, construction permits, or certificates of occupancy may be issued for any such use in any zone district, a site plan shall be submitted to and approved by the Planning Board.

2.

Lot area. The minimum lot area shall be three (3) acres.

3.

Floor area ratio. The maximum floor area ratio for all buildings shall be .15.

4.

Lot coverage. The maximum lot coverage shall be thirty (30) percent.

5.

[Setback for structures.] No structure shall be located within seventy-five (75) feet of any property line.

6.

[Setback for parking.] No parking shall be permitted within fifty (50) feet of any property line.

B.

Notwithstanding the foregoing, hospitals for humans and nursing homes approved as conditional uses shall meet the following requirements:

1.

Front yard. There shall be a front yard of not less than 100 feet.

2.

Side yard. There shall be two side yards and no side yard shall be less than 50 feet or double the height of the building whichever results in the greater side yard.

3.

Rear yard. There shall be a rear yard of at least 100 feet.

4.

Lot area and width. Every lot shall contain a minimum lot area of 1,200 square feet for every unit (bed) of the proposed use, provided, however, that no lot shall have an area of less than 100,000 square feet. The lot width shall not be less than 250 feet.

5.

Lot coverage. No more than 15 percent of the land area of any lot shall be covered by any above-ground structure or structures.

6.

Parking. Provision shall be made for off-street parking in compliance with the provisions of Article VIII of this Chapter.

7.

Height. No building shall exceed the height limitations of the zone district in which it is located.

A.

Purpose. It is the specific intent and emphasis of these regulations to provide for a proper and orderly mechanism to convert bungalow colonies in single ownership from existing seasonal rental housing units to year-round individual rental units. Therefore, the criteria set forth herein reflects the desired minimum standards for year-round use on a rental basis.

B.

General requirements.

1.

No permit for the conversion of an existing bungalow colony from seasonal to year-round use and occupancy shall be issued unless and until all requirements of this Article are met.

2.

Any person desiring to use, convert, modify, alter, inhabit, occupy or offer for occupancy on a year-round basis, any dwelling unit of an existing bungalow colony shall make application therefor to the Planning Board for a conditional use approval and site plan review and approval. Should the proposal involve any division of land, a subdivision application shall be submitted.

C.

Area and bulk requirements.

1.

Maximum density: 4 dwelling units per acre.

2.

Maximum structures per acre: 2 structures per acre.

3.

Maximum units per structure: 2 dwelling units.

4.

Minimum living area per dwelling unit:

a)

Definitions. For the purposes of this section, living area shall mean the total floor area of the dwelling unit, exclusive of kitchen facilities, toilet and bathing facilities and facilities to allow clothes washing. For the purposes of this section, a bedroom shall mean a separately partitioned and completely enclosed area of the dwelling unit.

b)

Each dwelling unit shall contain complete kitchen facilities, toilet and bathing facilities and facilities to allow clothes washing as well as living area, and shall have a minimum living area of 500 square feet for up to two occupants and an additional 100 square feet for any additional occupants, with a maximum occupancy of four persons. Each dwelling unit with an occupancy of two or less persons shall have at least one bedroom and each dwelling unit with an occupancy of three or the maximum of four persons shall have two bedrooms.

5.

Storage space: In addition to any closet or storage space contained inside individual dwelling units, there shall be provided for each dwelling unit at least 200 cubic feet of storage space in a convenient dry area of the basement or elsewhere in the structure.

6.

Utility areas: Sufficient space on-site for garbage pickup and trash storage must be provided and shall be located with a view both to convenience and to minimizing any detrimental effect on the site. Any utility area shall be enclosed and shielded from view by fencing, walls or shrubbery in a manner to be approved by the Planning Board.

7.

Interior development roads:

a)

Interior development roads shall comply with the requirements of this Ordinance. Roads shall be so designed as to minimize hazards to pedestrians and to motor vehicles operated in and on said roads and in areas adjacent to said roads.

b)

The Planning Board, in its discretion, may reduce the paved width of a standard Township road to not less than 24 feet, where in the opinion of the Township engineer, such reduction will not interfere with the proper delivery of municipal and emergency services to the dwelling units served thereby. The normal municipal requirement for granite block curbing may also be waived at the Planning Board's discretion, on the advice and recommendation of the Township Engineer. Should the applicant elect to improve any development road to a lesser pavement width standard than 24 feet, the Township will not accept the road and will not provide municipal services, other than emergency services of police, fire and rescue squad. All other services, including but not limited to trash and garbage pickup, snow and ice removal, road repair, and road maintenance shall be the responsibility of the owner. Further, the applicant may not subdivide or sell individual lots until they are served by an interior road improved to the minimum standard required.

8.

Other requirements and supporting documentation: Other standards and conditions to the site plan and to curbing, driveways, parking areas, pedestrian walks, landscaping and planting, not otherwise specified herein, may be attached as conditions by the Planning Board. In addition to the above criteria, the Planning Board, when considering a conditional use application for the conversion of an existing bungalow colony to year-round use, shall be empowered to require the following evidence from the applicant.

a)

Written certification from the Township construction official that each and every structure proposed for year-round occupancy meets or will be able to meet all applicable construction and housing code requirements prior to the issuance of a certificate of occupancy.

b)

Written certification from the Township health officer that each dwelling unit has or will be able to be served by public sewers or its own septic system meeting current code requirements.

c)

Written certification from the Randolph Township Sewer and Water Department that the applicant has made application to connect each dwelling unit to public water supply and the public sewer system where feasible.

A.

Where permitted. Public garages, gasoline service stations and filling stations are permitted as a conditional use in the B-1 and B-2 Zone Districts. No permit for any public garage, gasoline service station or gasoline filling station shall be issued unless and until all the requirements of this Article are met.

B.

Application for permit. Any person desiring to use any premises or to erect, construct or alter any new or existing building or structure arranged, intended or designed to be used as a public garage, gasoline service station or filling station shall make application therefore in writing to the Planning Board for site plan review as required in Article V of this Chapter. The application and supporting papers or documents shall set forth the following information:

1.

A site plan, drawn to scale, showing the location of the premises and of the building or buildings thereon and the building or buildings to be erected or constructed thereon, the street entrances and exits or driveways, and the precise locations of all tanks, pumps, lifts and other machinery and equipment appurtenant thereto.

2.

The width of the street or streets and of the sidewalk, and paved areas thereon upon which said premises may abut.

3.

The location, nature of construction and present use of all buildings or structures within 300 feet of the lot lines of the premises for which the application has been filed.

4.

If the applicant is a person other than the owner of the premises, the written consent of the owner or owners authorizing the filing of the application.

C.

Required conditions.

1.

Distance from place of public assembly. The nearest lot line of the lot or parcel of land to be used as a public garage or automobile service station, shall be at least 300 feet, measured in a straight line, from the nearest lot line of any lot upon which is located any building used as a theater, auditorium or other place of public assembly, capable of seating over 100 persons, or used as a church, hospital for humans, college, school, public library, or institution for dependents or children, or any public playground or athletic field.

2.

Mixed use. No part of any public garage, gasoline service station or filling station, where located, shall be used for any other purpose except a convenience store shall be permitted.

3.

Minimum lot area and frontage. The minimum lot size for any lot upon which any public garage, gasoline service station or gasoline filling station is located shall be 25,000 square feet and the minimum street frontage of said lot shall be 150 feet. If a public garage, gasoline service station or gasoline filling station is located on a corner lot, the minimum street frontage on each street shall be 150 feet.

4.

Entrance and exit driveways. Entrance and exit driveways to and from any lot upon which is located a public garage, gasoline service station or gasoline filling station shall have an unrestricted width of not less than 16 feet nor more than 30 feet, shall be located not nearer than 15 feet from any lot line nor 50 feet from any street intersection and shall be designed so that exiting vehicles do not have to back out across any public sidewalk, street, highway, or right-of-way.

5.

Paving requirements. The area of all driveways and other areas over which motor vehicles are intended to be driven or parked on any lot upon which is located a public garage, gasoline service station or gasoline filling station shall be paved in accordance with the requirements of Article V, Off-Street Parking and Loading.

6.

Outdoor repair prohibited. On any premises upon which a public garage, gasoline service station or gasoline filling station is located, all services or repairs to or for motor vehicles, other than such minor items as the changing and filling of tires or the sale of gasoline or oil, shall be conducted within the confines of a building capable of being wholly enclosed.

7.

Sale or display of vehicles. Sales and display of vehicles are prohibited.

8.

Setback restrictions. No part of any building used as a public garage, gasoline service station or gasoline filling station and no filling pump or other service appliance, whether for gasoline, oil or any other combustible liquid or material, shall be erected within 20 feet of any lot line and the 20 foot free area required hereunder shall at all times be kept free, open and unobstructed for the purposes of ready access by emergency fire and police vehicles.

9.

Storage of flammable materials. At any public garage, gasoline service station or gasoline filling station, storage facilities for gasoline, oil, or other flammable materials in bulk over 55 gallons shall be located wholly underground and no nearer than 40 feet from any lot line other than any street sideline. No gasoline or oil pumps, oil or greasing mechanism or other service appliance installed for use at such premises shall be within 25 feet of any street sideline and no gasoline pump shall be located or permitted within any enclosed or semi-enclosed building or within 10 feet thereof.

10.

Expansion of existing public garages, gasoline service stations or gasoline filling stations. No permit for the alteration or expansion of any existing public garage, gasoline service station or gasoline filling station shall be issued except under compliance by the applicant with all the provisions of this Chapter.

11.

Pump island canopies. Any public garage, gasoline service station or gasoline filling station may erect single canopy sheltering the pump island(s) located on the premises. Such canopy shall consist of vertical supports and a roof, having all four sides open, and shall comply with the following requirements:

a)

Height. The highest point of the pump island canopy shall not be higher than 25 feet above the ground and, where a principal building other than the canopy is located on the premises, not higher than the highest point of said principal building or structure.

b)

Canopy design.

(i)

All pump island canopies shall have pitched roofs (e.g. mansard, hip, gable, etc.) except where technical considerations require a flat roof.

(ii)

If a principal building other than the canopy is located on the premises, the materials and design of the canopy shall be complementary to the principal building, with particular consideration given to the use of cedar shakes or laminate shingles on roofs and fascia. If no other principal building is located on the premises, the pump island canopy shall be designed in a manner consistent with the scale and character of the area. Materials such as cedar shakes or laminate shingles should be used on roofs and fascia. Consideration should be given to the use of materials such as brick facing to cover vertical supports.

(iii)

The outside edges of the pump island canopy shall not extend more than ten feet beyond outside edges of the pump island(s) above which the canopy is located. In no event, however, shall the outside edge of a pump island canopy be closer than ten feet to a right-of-way.

(iv)

Lighting shall be recessed on the underside of the pump island canopy in order to prevent glare onto adjacent properties or streets.

(Ord. No. 42-97, § 1, 10-23-97; Ord. No. 05-19, § 4, 3-21-2019; Ord. No. 18-19, § 1, 10-3-2019)

A.

Purpose. The purpose of the cluster development option is to provide standards pursuant to N.J.S.A. 40:55D-39, or any amendments thereto which encourage and promote flexibility, economy, and environmental soundness in layout and design. In accordance with these standards, the Planning Board may approve the reduction of lot areas and dimensions, and yard, set back and coverage provisions otherwise required in these zones. The standards shall be appropriate to the type of development permitted.

B.

Application. The cluster development option requirements may be applied in accordance with the provisions of this section to modify bulk and area requirements specified in the RR-5, RR and RLD Residential Districts of the Chapter.

C.

Minimum area. The minimum total area of a tract to be developed under the cluster development options shall be ten acres. Such area to be so developed shall be as a single entity or under unified control.

D.

Findings by the Planning Board. Notwithstanding other provisions of this section, development proposals in accordance with this section shall only be approved by the Planning Board as regulated herein if the following findings are made:

1.

That departures by the development from zoning regulations otherwise applicable to the property conform to N.J.S.A. 40:55D-65 and any amendment thereto.

2.

That the proposals for maintenance and conservation of the permanent common open space are reliable, and the amount, location, design and function of the permanent common open space are adequate.

3.

That provisions regarding the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate.

4.

That the proposed development will not have an unreasonably adverse impact upon the area in which the development is proposed to be established.

5.

That the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development regarding completion of the development are adequate.

6.

That the design and layout of the plan is based on a comprehensive planning process which takes into account critical environmental factors such as, but not limited to, steep slopes, wetlands, soils, site orientation, water resource factors and any other relevant information.

E.

General procedures. Development proposals using the cluster development option shall comply with the applicable requirements of the Township's subdivision and site plan requirements. Further, nothing contained in this section shall relieve the owner or his agent or the developer of a cluster subdivision from receiving subdivision plat approval in accordance with the Township's subdivision regulations.

F.

Maximum number of lots. The maximum number of cluster lots to be permitted in a subdivision application submitted under this section shall be determined by the approval of a sketch layout of the subdivision if developed in a conventional manner. Such sketch plat shall show proposed roads and existing topographic contours at ten-foot intervals as well as environmental information which is typically provided during the preliminary plat approval, such as wetland information, steep slopes, flood plains and rock outcroppings. The number of lots contained in the approved sketch layouts shall be conclusive as to the total number of lots allowed under the cluster development option.

G.

Area reductions permitted. In a cluster development, single lots for single-family, detached dwelling units may be reduced in size as stipulated below. The number of individual building lots created shall be no greater than if the tract were developed as a conventional subdivision and the lots were not reduced in size. Lot areas may be reduced provided that the land which would otherwise be required for residential lots, but which is not so used under the permitted lot area reduction provisions in this subsection, shall be devoted to open space.

CLUSTER DEVELOPMENT LOT REQUIREMENTS

*Note: Within the RR-5 zone, a cluster development applicant is permitted to calculate density based on a conventional minimum lot size of 180,000 square feet.

H.

Common open space.

1.

Permanent common open space. Not less than 40 percent of the gross acreage of a tract shall be reserved for permanent common open space; not more than 20 percent of the permanent common open space shall be reserved for use for active recreation activities, including but not limited to playgrounds, playfields, tot-lots, tennis courts, swimming pools, and other active recreation pursuits of similar type and intensity; provided, however, that the Planning Board may further restrict the extent of active recreation areas upon a finding that such reduction is required by environmental considerations.

2.

Location, design and function. The location, design and function of all permanent common open space shall be designed in accordance with the open space requirement set forth in Article V.

I.

[Preservation of natural features.] The subdivision design shall include an analysis of natural features. In recognition of the innovated aspects of cluster developments, the regulation of 10—14.99% slopes shall be controlled through the cluster development design review process. All other aspects of Section 15-44 shall be complied with. Cluster development projects shall adhere to Section 15-48.6.1 regarding tree removal.

(Ord. No. 1-94, §§ 10, 12, 2-15-94; Ord. No. 36-95, §§ 3, 4, 11-21-95; Ord. No. 29-99, § 6, 7-6-99)

Planned Residential Developments (PRDs) and Planned Senior Citizen Developments (PSCDs) are permitted conditional uses in the R-1A zone.

A.

Planned Residential Development shall include a mix of residential and commercial uses, which shall include the following uses:

1.

Single-family.

2.

Senior citizen housing.

3.

Neighborhood retail and service uses and professional offices.

B.

The following may be included as a part of a planned development:

1.

Recreation facilities for the benefit of the occupants of the project and their guests.

2.

Club houses and meeting rooms for the use of the occupants of the project and their guests.

3.

Essential public utility and service facilities, including maintenance facilities and structures.

C.

All Planned Residential Developments (PRDs) shall be subject to the following conditions:

1.

Minimum tract area: 40 acres.

2.

Minimum tract width: 200 feet.

3.

The PRD shall be served by public water and public sewer.

4.

Open space shall be provided in accordance with the requirements of sections 15-78 and 15-35.5.03(H) of this Chapter.

5.

Residential standards:

a)

Residential density. The residential density of any Planned Residential Development shall not exceed 2 dwelling units per acre, and not less than 20 percent of the units nor more than 25% shall be designed for senior citizen use.

b)

One- and two-family residences.

(1)

Minimum lot area:

i)

single-family: 6,000 square feet.

ii)

duplex: 7,500 square feet.

(2)

Minimum lot width: 60 feet.

(3)

Minimum front yard: A minimum of 25 feet, but need not exceed 50 feet.

(4)

Minimum side yard: A minimum of 7.5 feet with a minimum building to building distance of 17.5 feet.

(5)

Minimum rear yard: A minimum of 25 feet, but need not exceed 50 feet.

(6)

Minimum street frontage: 50% of lot width.

(7)

Maximum height: 35 feet or two and one-half stories.

(8)

The maximum floor area allowed per lot in square feet shall equal 3,400 feet.

c)

Senior citizen housing.

(1)

Duplex housing: Refer to 15-35.5.02C(5) for standards.

(2)

Quadruplex:

i)

Minimum front yard: 25 feet.

ii)

Minimum side yard and rear yard: 25 feet, except where abutting commercial or single-family uses in which yard requirements shall be 50 feet.

iii)

Minimum distance between quadruplex buildings: 30 feet.

iv)

Minimum street frontage: 50 feet.

v)

Maximum height: 35 feet or two and one-half stories.

6.

Commercial standards:

a)

The area to be used for commercial development shall be designated as the commercial development area. The commercial development area may be subdivided from the remainder of the tract following conceptual development plan approval.

b)

Professional office and neighborhood retail and service uses. The total area in a PRD devoted to professional office and neighborhood retail and service uses shall not be more than six percent nor less than three percent of the total land area. All areas devoted to these uses shall be in contiguous tracts within the PRD.

c)

The maximum floor area ratio for the commercial development area shall be .25.

d)

The maximum coverage for the commercial development area shall be 60 percent. However, the coverage may be increased to 65 percent to permit court yards consisting of architecturally treated and landscaped pedestrian areas.

e)

The applicant shall provide off-street parking in accordance with requirements of the VCC zone district.

f)

All commercial development shall have direct access to a public street or streets.

g)

The maximum building height shall not exceed 35 feet. The Board reserves the right to permit an increase to 45 feet for special architectural features.

(Ord. No. 1-94, §§ 13, 16, 17, 2-15-94)

A.

Planned Senior Citizen Development shall include the following uses:

1.

Single-family detached houses, twin or duplex houses, or multi-family dwellings intended and operated for occupancy by senior citizens as defined in this Chapter.

2.

Neighborhood retail and service uses and professional and medical facilities.

3.

Recreation facilities for the benefit of the occupants of the project and their guests.

4.

Club houses and meeting rooms for the use of the occupants of the project and their guests.

5.

Essential public utility and service facilities, including maintenance facilities and structures.

B.

Planned Senior Citizen Development may include the following use:

1.

Congregate care facilities providing independent living units, residential health care units and nursing units plus health care and other facilities and services for residents, meals for residents, physical therapy facilities and services, meeting rooms, and recreation facilities.

C.

All Planned Senior Citizen Developments (PSCDs) shall be subject to the following conditions:

1.

Minimum tract area: 40 acres.

2.

Minimum tract width: 200 feet.

3.

The PSCD shall be served by public water and sewer.

4.

Open space shall be provided in accordance with the requirements of sections 15-78 and 15-35.5.03(H) of this Chapter.

5.

Residential standards.

a)

Residential density. The gross residential density of any PSCD shall not exceed 9 dwelling units per acre. This does not include residential units developed as part of a CCRC.

b)

One-family and duplex housing residences.

(1)

Minimum lot area:

(a)

6,000 square feet - one-family.

(b)

7,500 square feet - two-family.

(2)

Minimum lot width: 60 feet.

(3)

Minimum front yard: 30% of lot depth, not less than 25 feet, but need not exceed 50 feet.

(4)

Minimum side yards, combined: 35% of lot width, not less than 21 feet, but need not exceed 30 feet.

(5)

Minimum rear yard: 30% of lot width, not less than 25 feet, but need not exceed 50 feet.

(6)

Minimum street frontage: 50% of lot width, not less than 35 feet.

(7)

Maximum height: Thirty-five (35) feet or two and one-half (2½) stories.

(8)

The maximum footprint allowed per lot in square feet shall equal twenty-five (25) times the lot width measured at the building setback line, unless at least thirty-five (35) percent of the floor area is on other than the first floor, in which case the maximum floor area may be increased by twenty (20) percent.

c)

Townhouses and multi-family structures.

(1)

Building setbacks for multi-family structures and townhouse units:

i)

Building face to local street curb or pavement: 30 feet.

ii)

Building face to collector street curb or pavement: 40 feet.

iii)

Building face to arterial street curb or pavement: 50 feet.

iv)

Building face to common parking area:

Front building face: 20 feet.

Rear or side building face: 15 feet.

(2)

Building spacing for multi-family structures and townhouse units:

i)

Front to front: 80 feet.

ii)

Front to rear: 50 feet.

iii)

Front to end: 45 feet.

iv)

Rear to rear: 50 feet.

v)

Rear to end: 40 feet.

vi)

End to end: 30 feet.

(3)

The planning board may reduce the above distances by not more than one-third (⅓) if there is an angle of twenty (20) degrees or more between buildings and if extensive landscaping or buffers are placed between buildings.

d)

Maximum building heights.

(1)

Measuring from the street line of Sussex Turnpike and Calais Road, a line measuring 300 feet from the street line shall be established. Within this area only 2-story buildings shall be permitted. All buildings shall be setback from property lines in accordance with existing regulations.

(2)

Three-story structures are permitted to the rear of the 300 foot line in accordance with the setback standards for this zone. The height of garden apartments, however, shall be limited to 2 stories.

6.

Congregate Care Retirement Community (CCRC) standards:

a)

Before the development is occupied, the developer shall produce to the zoning officer either a certificate of authority for the CCRC issued pursuant to N.J.S.A. 52:27D-330 et seq. (P.L. 1986, c. 103) as amended from time to time, or a Letter of Nonapplicability issued pursuant to N.J.A.C. 5:19-2.3 as amended from time to time.

b)

Before receiving final site plan approval the developer shall produce a writing from the Commissioner of the Department of Community Affairs stating that any lien which the Department has filed or may file under N.J.S.A. 52:27D-341 (P.L. 1986, c. 103, sec. 12) shall be subordinated to any lien for unpaid taxes on real property or other municipal charges, whether existing now or in the future.

c)

The area in a PSCD devoted to a CCRC may be subdivided from the remainder of the tract following conceptual development plan approval.

d)

The development shall include all of the following:

(1)

Independent living units;

(2)

Residential health care units; and

(3)

Nursing units.

e)

The development shall include at least some level of each of the following:

(1)

Health care facilities and services;

(2)

Facilities and services for providing meals for residents;

(3)

Physical therapy facilities and services;

(4)

Meeting rooms; and

(5)

Recreation facilities.

f)

The development may include houses of worship and religious facilities, facilities to sell or provide personal services to residents, and other ancillary services customarily accessory to a CCRC.

g)

It shall be a condition of final subdivision approval or final site plan approval that residency in the CCRC shall be age restricted to persons at least sixty-two (62) years of age, with or without a spouse or other members of such person's housekeeping unit, or to surviving members of that housekeeping unit in the event of the death of such resident. This condition shall not be construed as requiring the CCRC to permit the surviving members below the age of sixty-two (62) to remain in residence following such death.

h)

Maximum density: 12 units per acre.

i)

Building spacing and setbacks: the same as for townhouses and multi-family buildings.

j)

Maximum building heights.

(1)

Measuring from the street line of Sussex Turnpike and Calais Road, a line measuring 300 feet from the street line shall be established. Within this area only 2-story buildings shall be permitted. All buildings shall be setback from property lines in accordance with existing regulations.

(2)

Three-story structures are permitted to the rear of the 300 foot line in accordance with the setback standards for this zone. The height of garden apartments, however, shall be limited to 2 stories.

k)

Parking requirements. Sufficient off-street parking shall be required to meet the needs of the residents, employees and guests in accordance with the following minimum requirements:

(1)

Independent living units: 1.0 per dwelling unit.

(2)

Residential health care units: .35 per dwelling unit.

(3)

Nursing beds: .35 per bed.

(4)

Staff: one off-street parking space per full-time staff, plus one for every two part-time staff, on the maximum shift.

(5)

Visitors: an additional ten percent above the total required parking.

7.

Commercial standards:

a)

The area to be used for commercial development shall be designated as the commercial development area. The commercial development area may be subdivided from the remainder of the tract following conceptual development plan approval.

b)

Professional office and neighborhood retail uses. The total area in a PSCD devoted to professional office and neighborhood retail uses shall not be more than ten percent nor less than five percent of the total land area of the planned unit development. All areas devoted to these uses shall be in contiguous tracts within the PSCD.

c)

The maximum floor area ratio for the commercial development area shall be .25. At least 20 percent of the commercial area shall be used for professional office and medical facility uses.

d)

The maximum coverage for the commercial development area shall be 60 percent. However, the coverage may be increased to 65 percent to permit court yards consisting of architecturally treated and landscaped pedestrian areas.

e)

The applicant shall demonstrate that adequate off-street parking shall be provided in accordance with requirements of the VCC zone district.

f)

All commercial development shall have direct access to a public street or streets.

8.

The maximum building height shall not exceed 35 feet.

A.

Site design.

1.

To the greatest extent possible, the development plan shall divide intended uses into individual small groups using such features as quadrangles, courts, clustering and landscaping.

2.

Each dwelling unit and combined complex of dwelling units shall have a compatible architectural theme with variations in design to provide an attractive development. The design shall include landscaping techniques, building orientation to the site and to other structures, topography, and natural features.

3.

The site design shall include an analysis of natural features. In recognition of the innovative aspects of planned developments, the regulation of 10—14.99% slopes shall be controlled through the planned development design review process. All other aspects of Section 15-44 shall be complied with. Planned Development projects shall adhere to Section 15-48.6.1 regarding tree removal.

B.

Setbacks. All principal buildings shall be located no closer than 50 feet to any exterior property line. No parking area shall be located within 50 feet of any exterior property line or any street right-of-way line, unless the Planning Board determines a deviation would be desirable to promote a preferred design.

C.

Utilities. All utilities shall be underground.

D.

Roads. Any roadway within or providing access to the residential portion of the development shall be constructed to Township standards.

E.

Building design.

1.

Buildings and structures shall include varying unit widths and setbacks, changing roof lines and roof designs and altering building heights to provide visual interest.

2.

No flat roof structures are permitted.

3.

For townhouses, no more than two adjacent dwelling units may be constructed without providing a front wall setback of not less than two feet.

4.

Each building shall contain eight dwelling units or less for townhouses; 16 dwelling units or less for multi-family structures.

F.

Buffers.

1.

The landowner shall be required to maintain a buffer zone of at least 25 feet along the perimeter of any planned development tract. Said buffer zone shall be kept in its natural state where wooded, and when natural vegetation is sparse or nonexistent, the landowner shall be required to provide screening.

2.

Within the buffer zone, no principal or accessory structure nor any off-street parking or loading areas or other uses shall be permitted, except gate houses and signs. Within said buffer zone, utilities and streets may be permitted to cross.

3.

Said buffer zone may be included for the purpose of computing the planned development open space requirements.

4.

The buffer zone requirements may be reduced by the Planning Board where the planned development is consistent and compatible with adjoining uses.

G.

Pedestrian circulation. Pedestrian circulation shall be provided and shall be separated from motor vehicle circulation and, where applicable, shall be consistent with the Township's Master Plan for pathways, parks and open space. Pathway connections shall be provided to commercial retail and office areas and adjacent senior citizen facilities.

H.

Open space.

1.

Standards of development.

a)

There shall be dedicated irrevocably for use as common open space within the planned development, for the benefit of the residents of such development, an area or areas shown on the site plan of the entire development and approved by the Planning Board.

b)

The total area of such common open space shall be at least thirty (30) percent of the gross land area of the entire planned development.

c)

Both active and passive open space areas should be developed as part of a larger system of contiguous or related land areas, rather than as separate parcels scattered throughout a development. Further, open space areas in a development should be located so that they will be contiguous to existing and planned open space areas off-tract to ensure continuity throughout the Township, if possible. Wherever possible, the open space areas should be connected by existing and proposed bicycle routes.

2.

[Active open space.] Active open space shall be provided and shall constitute at least twenty (20) percent of the total common open space and shall conform to the following:

a)

There shall be at least one (1) contiguous parcel of open space having direct access to one (1) or more public streets. Such area shall be at least two (2) acres in size and shall consist of well-drained, reasonably level land, suitable for recreational use. At least fifty (50%) percent of the active open space area shall be improved for recreational purposes with facilities such as swimming pools, tennis courts, children's playground equipment and similar improvements.

b)

Usable common open space shall be developed and improved in accordance with the developer's approved site plan of the entire development in a manner and rate consistent with the development of the subdivision.

c)

All land to be devoted to usable common open space shall be reasonably usable for the purpose proposed.

d)

Plans, specifications and manufacturer's catalogue cuts of any proposed recreational improvements or equipment shall be included for the board's review prior to final approval of the development plan.

e)

The Board may, after adequate testimony, find that the standards above require flexibility and may be modified under the following conditions:

i)

Unique property configuration.

ii)

Unique topography of natural features.

iii)

Existing adjacent facilities.

3.

Passive open space. The portion of the common open space not included as usable open space shall be used as passive open space.

a)

Passive open space should be left in its natural state, augmented for erosion control and aesthetic value by landscaping.

b)

Particular effort should be made to reduce future maintenance requirements for passive open space. Improvements should be limited to pedestrian and bicycle circulation, hiking trails, picnic areas and similar uses.

4.

Open space organization. An applicant who seeks preliminary approval pursuant to this Article shall establish an organization for the ownership and maintenance of the permanent common open space resulting from such approval in accordance with Section 15-78.1.

(Ord. No. 1-94, § 11, 2-15-94)

A.

Findings by the Planning Board. Prior to the preliminary approval for either a Planned Residential Development or a Planned Senior Citizen Development, the Planning Board shall make the following determinations:

1.

That departures by the development from zoning regulations otherwise applicable to the subject property conform to N.J.S.A. 40:55D-65 and any amendment thereto.

2.

That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate.

3.

That the provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate.

4.

That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.

5.

In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended 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 are adequate.

6.

That the design and layout of the plan is based on a comprehensive planning process which takes into account critical environmental factors such as, but not limited to, steep slopes, wetlands, soils, site orientation, water resource factors and any other relevant information.

B.

Project phasing.

1.

All PRD or PSCD projects must provide a concept plan indicating the location of the residential and commercial areas by building type, design and density. The concept plan shall also show the location of all roads and open space areas prior to preliminary approval.

2.

A particular tract may include more than one (1) phase or project. All project phasing shall be in accordance with the general development plan requirements of the Municipal Land Use Law (N.J.S.A. 40:55D-45).

3.

Common facilities, including recreation facilities, shall be developed in accordance with an approved phasing plan.

(Ord. No. 1-94, § 10, 2-15-94)

A.

Purpose. The purpose of an industrial park development is to provide for the development of large tracts of land for light manufacturing, wholesaling, or similar uses according to a coordinated and integrated plan, and in conformance with the Township's Master Plan; to assure the safety and convenience of traffic movement both within the industrial park and in relation to the overall road and highway system of the Township; and to assure a harmonious and beneficial relationship between lots within the district and between the district and contiguous land and adjacent neighborhoods.

B.

Procedure. The following requirements must be complied with when applying for an industrial park development:

1.

Use: Planned Industrial Parks are permitted as conditional uses in the I-1 zone.

2.

Minimum tract area: 15 acres.

3.

Application for request: The applicant shall submit to the Planning Board a complete set of site plans showing the location of property in relation to the surrounding property and streets within 500 feet of the proposed park, the location of all existing buildings, structures, streets, drives, buffer areas, waste disposal fields, or facilities, source of water supply, and other construction features of the proposed use.

4.

Information on plans shall include sufficient elevations or contours to determine the general slope and natural drainage of the land and the high and low points; tentative cross-sections and centerline profiles for all proposed streets; landscaping; lighting; parking; circulation; loading and storage areas.

5.

All streets shall have a minimum right-of-way of 50 feet, and a minimum paved width of 30 feet centered in the right-of-way, and granite block curbs.

6.

The right-of-way width for internal service roads of an industrial park development shall be determined on an individual basis and shall in all cases be of sufficient width and design to safely accommodate the maximum traffic, parking and loading needs and to afford maximum access for firefighting equipment.

C.

Area and bulk requirements.

1.

Minimum lot area: 1 acre.

2.

Maximum height: 40 feet.

3.

Minimum front yard: 50 feet.

4.

Minimum side yard: There shall be two side yards and no side yard shall be less than 25 feet.

5.

Minimum rear yard: 50 feet.

6.

Minimum frontage: 150 feet.

7.

Maximum floor area ratio: .30.

8.

Maximum impervious coverage: .60 [sic] percent.

9.

Minimum floor area: Every principal structure hereafter constructed shall have a minimum floor area of 10,000 square feet.

D.

Industrial park development standards.

1.

Landscaping. Those portions of all front, rear and side yards that are not used for parking shall be attractively planted with trees, shrubs, and lawn as required by the Planning Board, and in accordance with Section 15-67. In no case, however, shall the industrial uses, including parking, be permitted closer than 50 feet to the residential zone boundary line. All landscaping required by this Chapter shall be approved by the Planning Board and shall be installed prior to the issuance of a certificate of occupancy, unless a performance guarantee equal to 120% of the cost of landscaping is filed. Said guarantee shall be in cash to the maximum extent as allowed by law. If landscaping is not completed within the 6 month period, or within an extension of time authorized by the Board, the bond may be used by the Township to complete the installation. Upon completion of the installation, any unused portion of the bond shall be returned to the applicant.

2.

Water. Water system shall be provided to meet the requirements of the Randolph Township Board of Health, Township Department of Sewer and Water and the Fire Protections System of the Township Building Code criteria for sprinklered buildings.

3.

Sewage disposal. Sewage disposal shall be installed in accordance with all applicable requirements of the Randolph Township Board of Health, Township Department of Sewer and Water, N.J. State Departments of Health and Environmental Protection and Energy and further, all industrial waste disposal shall conform to all applicable standards of the I-1 Zone.

The provisions of this section are intended to apply to the owner-occupied office of physician, surgeon, dentist, attorney-at-law, architect, artist, real estate broker, scientist, mathematician, engineer, planner or person of like profession which office is located within the residence of the person who practices such profession.

A.

Such office shall be contained entirely within the residential structure on the premises and shall not exceed twenty-five (25%) percent of the total floor area of that structure except that in no case shall such office exceed nine hundred (900) square feet exclusive of parking spaces.

B.

Adequate parking spaces shall be provided so that no parking related to the office shall occur on the street. At least one (1) parking space shall be provided for each two hundred (200) square feet or fraction thereof of gross floor area unless the applicant can demonstrate that fewer will be required. No parking shall be permitted in the front yard.

C.

No more than one hundred fifty (150) motor vehicle trip ends per week shall be generated by the home office use, each arrival or departure being considered one (1) trip end.

D.

Safe and efficient vehicular and pedestrian circulation, parking and loading in the vicinity shall not be impaired.

E.

No more than two (2) office employees shall be present at any one (1) time. Nonresident professionals shall not be permitted to use the office on a regular basis.

F.

The hours of normal operation shall be limited to the hours of 8 a.m. to 9 p.m., Monday through Saturday.

G.

The conditional use approval shall terminate with any change in the ownership of the property.

H.

Exemption from conditional use procedure. Uses generating traffic which falls within the categories established below shall not be required to obtain a conditional use permit. Uses exceeding the traffic generation categories below shall obtain a conditional use permit.

1.

0—5 trips per day for home office with no physical change or signage displayed: no site plan required.

2.

6—15 trips per day shall require a site plan.

I.

Traffic generated trips shall relate only to customers of the home occupation.

(Ord. No. 1-94, §§ 14, 15, 2-15-94)

Commercial greenhouses are subject to the following standards:

A.

Five acre minimum lot size.

B.

No outdoor storage visible from public right-of-way or any adjacent residential area.

C.

Retail sales area shall not exceed 1,000 square feet.

D.

Wholesaling of merchandise grown on property is prohibited.

E.

No greenhouse structure may be of temporary or portable construction. This specifically includes the use of plastic, hothouse type of exterior materials which shall be expressly prohibited.

F.

Subject to site plan approval.

A.

The minimum tract area shall be five acres.

B.

A minimum of sixty percent of the frontage along a major or minor arterial roadway shall be retained in its natural wooded condition. Refer to Section 15-51.4(8) for frontage buffer width requirements.

C.

The maximum floor area ratio shall be .25.

D.

The maximum size of the individual building shall be 65,000 square feet.

E.

The architectural and site design of this site shall be in character with the surrounding area including architecture, building size, scale and any other appropriate measure as specified in Section 15-61.

F.

The minimum distance between buildings shall be twenty feet.

G.

Vehicular access shall be limited to the adjacent minor or major arterial roadways; however, non-truck vehicular access to other classified roadways may be permitted by the Planning Board as regulated herein provided the Board makes the following findings:

1.

The applicant demonstrates that the use of the non-arterial roads would improve overall safety to ingress and egress to and from the shopping center.

2.

The Level of Service (LOS) of the roads accessed will not be reduced by the additional site-generated volumes as compared to as-of-right access to arterial roads only.

3.

Vehicular movements will minimize potential conflicts with neighboring driveways and roadways.

4.

Access shall discourage cut-through traffic through the site to or from the non-arterial roadway. Site interconnectivity to minimize unnecessary entrance and exit onto Route 10 is encouraged.

5.

The tract size for the shopping center shall be a minimum of ten acres.

H.

An integrated on-site parking plan is required to promote safe, efficient and compact parking areas.

I.

A maximum of forty percent of the site parking shall be permitted in the front yard along Route 10.

J.

Vehicular and pedestrian connections shall be planned to the adjacent properties for existing and future use.

K.

Defined pedestrian ways shall be designed connecting freestanding buildings on site. Amenities shall be included but not limited to landscaping, benches and lighting. Pathways shall be a minimum of eight feet wide.

L.

Landscaping: Landscaping standards found in Section 15-71.2 and 15-77 shall be strictly adhered to.

M.

Buffers: Buffers and screening standards found in Section 15-51 shall be strictly adhered to.

N.

Other sections of the development regulations specifically not mentioned above shall apply, if relevant.

(Ord. No. 1-94, § 18, 2-15-94; Ord. No. 52-99, § 1, 12-7-99; Ord. No. 17-06, § 7, 8-3-2006; Ord. No. 12-24, § 3, 6-20-2024)

Residential uses listed below not permitted in the underlying zone are permitted conditional uses. The purpose is to provide infill housing opportunities consistent with the South Salem Street concept.

A.

Duplex, triplex or quadruplex residential buildings.

1.

Area and bulk requirements:

a.

Maximum tract size of 5 acres.

b.

Maximum number of stories shall be three.

c.

Maximum height of structures shall be 35 feet.

d.

Minimum setbacks. No part of any building shall be closer than 20 feet from any property line.

e.

Minimum frontage. Every lot shall have frontage of not less than 50 feet on a public street.

f.

Maximum lot coverage shall be 30 percent of the total of lot area.

g.

Maximum impervious surface coverage shall be 70 percent of the total lot area.

h.

Maximum density shall be 7 units per acre.

i.

Minimum distance between structures shall be 20 feet.

j.

Minimum open space and recreation area shall be 20% of total lot area including an area for a tot lot.

k.

Bedroom distribution:

1.

Maximum number of three bedroom units shall be 20%.

2.

The remaining units shall be an appropriate mix of two bedroom, one bedroom and studio units as determined by the Planning Board.

l.

Site shall be served by public water and sewer.

2.

Development design standards, pursuant to 15-62.

3.

Parking shall be 1.5 spaces per unit of one bedroom or less and 2.0 spaces for two bedroom or three bedroom.

B.

Senior citizens housing apartment buildings.

1.

All units shall have an age restriction of 62 years for occupants.

2.

Area and bulk requirements shall be pursuant to Section 15-35.10.A.1 except for the following:

a.

Maximum density shall be 12 units per acre.

b.

Minimum open space and recreation area shall be 20% of total lot area.

c.

Bedroom distribution:

1.

Maximum number of two bedroom units shall be 15%.

2.

The remaining units shall be one bedroom.

3.

Development design standards pursuant to Section 15-62.

4.

Parking shall be 1.25 spaces per unit.

(Ord. No. 35-95, § 3, 11-21-95)

Specialized housing designed specifically for senior citizen and handicapped persons is permitted as a conditional use within the VCR Overlay District-1. A maximum cap of 200 units is established as the maximum number of permitted units for this type of housing within the village center zoning districts.

A.

Senior citizen housing. The following conditions shall apply to this form of specialized housing:

1.

Minimum lot area: Five acres.

2.

Maximum height of building: Three stories.

3.

Minimum open space and recreation: 20 percent of site.

4.

Minimum lot dimensions: Neither the width, nor the depth shall be less than 200 feet.

5.

Minimum yard setback: 20 feet which shall be planted as a dense buffer.

6.

No building shall contain more than 100 units.

7.

The building(s) shall be designed to obscure the primary mass of the multi-story facade from Sussex Tumpike.

8.

Maximum impervious surface coverage: 60 percent.

9.

The applicant shall provide detailed procedures setting forth the proposed procedures to be used to regulate senior citizen and handicapped residency restrictions.

10.

Other residential housing types may be designed as an integrated component with this use.

B.

Assisted living residences.

1.

Minimum lot area: Five acres.

2.

Maximum height of building: Three stories

3.

Minimum open space and recreation: 20 percent of site.

4.

Minimum lot dimensions: Neither the width, nor the depth shall be less than 200 feet.

5.

Minimum yard setback: 20 feet which shall be planted as a dense buffer.

6.

No building shall contain more than 100 units and the complex shall provide for on-site common dining facilities.

7.

The building complex shall be designed to obscure the primary mass of the multi-story facade from Sussex Tumpike.

8.

Maximum impervious surface coverage: 60 percent.

(Ord. No. 44-97, § 8, 11-25-97; Ord. No. 27-2000, § 1, 6-1-2000)

Retail sales uses in VCC zone larger than 10,000 square feet but less than 45,000 square feet shall comply with the following conditions:

A.

No outdoor or indoor loudspeaker system shall be permitted.

B.

No outdoor sales area shall be permitted, unless specifically approved as part of a site plan.

C.

A strip shopping center is prohibited.

D.

The facade along Sussex Tumpike shall be enhanced to create a pleasing appearance consistent with the intent of the master plan.

E.

A variety of retail store sizes shall be provided to achieve diversity and a variety of tenants within the zone. Duplication of uses shall be discouraged.

(Ord. No. 44-97, § 9, 11-25-97)

Public or private parking decks associated with a principal permitted use or another conditional use shall be designed according to the following criteria:

1.

The exterior wall surface of the structure shall be constructed using brick and concrete. At least 25 percent of the exterior facade shall consist of brick treatment.

2.

The maximum footprint for a multi-story deck shall not occupy more than 20,000 square feet.

3.

A landscape planter strip, having a minimum width of five feet shall be provided around the perimeter of the structure.

4.

The structure shall not exceed a height of three stories above ground or 45 feet, whichever is less.

5.

Pedestrian circulation shall be a primary consideration in designing the facility.

(Ord. No. 44-97, § 10, 11-25-97)

Landscape contractors are permitted as a conditional use in the I-1 Industrial District subject to the following conditions:

1.

The use shall comply with the bulk standards of the zone.

2.

Special storage facilities shall be provided for fertilizers, pesticides, fungicides or other products which may contain contaminants or commingle the storage of materials which may be hazardous to the environment or the public safety. Said storage facilities shall be designed to prevent exposure of the contents within the storage facilities to fire or leakage during fire suppression actions.

A sealed interior drainage system shall be provided to insure that no contaminants discharge into a septic system or surface or ground water systems. A self-contained sump shall be designed to contain contaminants, gasoline, oil, lubricants, or residue from equipment maintenance. The sump shall be pumped into an adequately sized about ground holding tank which shall be pumped on a regular basis by a licensed waste disposal contractor in accordance with all Federal, State, and Local regulations. Said tank shall be protected with a properly sized secondary containment, and the structures shall be screened from public view.

4.

All washing and maintenance of equipment shall take place in the interior of the building in the area designated for this purpose.

(Ord. No. 56-99, § 1, 12-7-99)

1.

Minimum lot area of 5 acres.

2.

Minimum lot width and depth of 200 feet.

3.

Building height shall be regarded by zone.

4.

Minimum front yard of 100 feet.

5.

Minimum side and rear yards of 50 feet, but no less than 2 times the height of the building.

6.

Maximum impervious coverage of 45%.

7.

Maximum Building Capacity of 100 units.

8.

Parking shall be required as in Section 15-50.2

9.

No building shall have or appear to have a flat roof. If a building must have a flat roof it should be hidden on all sides by a decorative element.

10.

New detention basins shall be designated to be aesthetically appealing in addition to functional. Where possible wet site tolerant plants, weirs, and check dams should be utilized to allow for greater level of infiltration.

(Ord. No. 27-2000, § 1, 6-1-2000)

1.

Minimum lot area of 5 acres.

2.

Minimum lot width and depth of 200 feet.

3.

Building height shall be regulated by zone.

4.

Minimum front yard of 100 feet.

5.

Minimum side and rear yards of 75 feet, but if abutting a residential zone only, not less than 2 times the height of the building. Parking setbacks shall be per the requirements of the underlying zone.

6.

Maximum impervious coverage of 50%.

7.

Parking shall be required as in Section 15-50.2.

8.

No building shall have or appear to have a flat roof. If a building must have a flat roof it should be hidden on all sides by a decorative element.

9.

The property shall be landscaped to include screening and buffers from residential zones as regulated in Section 15-51.

10.

New detention basins shall be designed to be aesthetically appealing in addition to functional. Where possible wet site tolerant plants, weirs, and check dams should be utilized to allow for a greater level of infiltration.

11.

There shall be no direct access from a hotel to a minor residential street.

12.

Hotels and hotel/conference centers shall be provided in a single building.

(Ord. No. 28-2000, § 1, 6-1-2000; Ord. No. 17-06, § 2, 8-3-2006)

Editor's note— Ord. No. 28-2000, § 1, adopted June 1, 2000, set out a new section numbered 15-35.14. At the request of the city this section was renumbered 15-35.16.

A.

Definition. Plant material nursery means a place where plants are grown for sale, transplanting, experimentation, or similar uses. A plant material nursery use does not include contractor vehicle storage or landscaping business activity.

B.

Plant material nurseries shall be subject to the following conditions:

1.

The minimum lot size for a plant material nursery (sometimes hereinafter also referred to as "nursery") shall be five acres, plus the minimum lot size required in the zone, e.g., in the R-1 zone the minimum lot size is 225,000 plus 45,000 square feet, thus a total of 270,000 square feet.

2.

More restrictive setbacks shall apply to nursery uses when such uses are on a lot adjoining a residential use or across the street from a residential use. All structures shall be set back a minimum of 75 feet from rear and side lot lines and 100 feet from front lot lines. Within the setback there shall be no off-street parking areas, accessory structures (such as nurseries, greenhouses, garages, sheds or barns), plants in containers (including bailed and burlapped plant material), or sales areas related to nursery use.

3.

All lighting related to nursery use shall be shielded so as not to shine upon residential uses in the neighborhood. Plant growth lights shall be shielded from spillover outside of the greenhouse structure.

4.

Any sales, loading, or unloading operations and similar activities shall be confined to daylight hours.

5.

This section shall not apply to non-commercial plant material nurseries totaling less than 240 square feet on the entire lot, nor shall it apply to existing farms of five (5) acres or more which also qualify under the Right to Farm Act, N.J.S.A. 4:1C-1 et seq., and the Farmland Assessment Act, N.J.S.A. 54:4-23.1 et seq.

C.

Plant material nurseries shall be a prohibited use in the R-2, R-3, R-4, R-5 and R-GAH zones. Plant material nurseries shall be a conditional use in all other zones.

(Ord. No. 34-2000, § 1, 5-18-2000; Ord. No. 43-2000, § 1, 6-15-2000)

Editor's note— Ord. No. 43-2000, § 1, adopted June 15, 2000, set out a provision numbered 15-35.15. At the city's request this section was renumbered 15-35.17.

Where fiduciary or financial institutions or office buildings are designated as conditional uses in the R/PO Zone, the following bulk standards shall apply:

A.

Minimum lot area: 30,000 square feet.

B.

Minimum lot frontage: 100 feet.

C.

Minimum setback: No part of any structure shall be closer than fifty (50) feet to any street line or adjacent residential zone line nor closer than twenty-five (25) feet to any property line.

D.

Parking area setback: Parking areas shall not be closer than fifteen (15) feet to any street line or residential property line nor closer than five (5) feet to any other property line, except for properties providing a shared parking arrangement with an adjacent use.

E.

Maximum height: No facade of any structure shall exceed a height of thirty (30) feet and two (2) stories, whichever is lesser. An additional five (5) feet and/or a half-story may be permitted upon an affirmative finding by the Board that the project is compatible with adjacent land use and site characteristics.

F.

Maximum floor area ratio: .13.

G.

Maximum impervious coverage: Fifty (50) percent.

H.

Maximum structure size: Seven thousand five hundred (7,500) square feet.

I.

Residential conversions: The conversion of an existing residential structure to any nonresidential use shall only be permitted where the character of the existing structure is maintained and all off-street parking and other requirements contained in this ordinance are met. Any conversion of an existing residential building to a commercial use shall be consistent with the existing architecture.

(Ord. No. 20-07, § 2, 6-7-2007)

Congregate care retirement communities shall comply with the following conditions:

1.

Minimum lot area of five (5) acres.

2.

Minimum lot width and depth of two hundred (200) feet.

3.

Maximum building height of four (4) stories above finished grade and sixty (60) feet measured from the top of the highest roof to the averaged finished grade.

4.

Minimum front yard of one hundred (100) feet, provided that elements such as a Porte Cochere or canopy may have a minimum front yard of seventy-five (75) feet.

5.

Minimum side and rear yards of forty (40) feet but if abutting a residential zone only, not less than the height of the building.

6.

Minimum landscape buffer from road frontage of fifty (50) feet. Buffer may be reduced to twenty (20) feet for parking areas and associated parking structures where such structures are at or below the finished grade at the reduced buffer line.

7.

Maximum impervious coverage as regulated in the underlying zone.

8.

The maximum number of units permitted is 125. Should the site exceed 5.5 acres, the development shall be permitted 25 units per acre only for the site area in excess of five and one-half (5.5) acres.

9.

Parking shall be provided at a ratio of 0.95 parking spaces per residential unit.

10.

Buildings with flat roofs are discouraged. If a building must have a flat roof it shall be hidden on all sides by a decorative element. The development shall conform to the aesthetic standards for the Route 10 corridor as illustrated in the Master Plan and as determined by the Planning Board.

11.

The development shall include a pedestrian circulation plan that links the project to neighboring properties to the greatest extent possible.

12.

Vehicular connectivity to adjacent properties and Route 10 is encouraged.

13.

A minimum of ten (10%) percent of the assisted living units shall be affordable to low and moderate income residents pursuant to the regulations of the Council on Affordable Housing or any other state agency with jurisdiction over affordable housing.

(Ord. No. 18-12, § 3, 12-6-2012; Ord. No. 8-13, § 2, 5-30-2013)

A.

Purpose. These regulations are intended to provide a realistic opportunity for the construction of new garden apartments and the creation of affordable very-low, low and moderate income dwelling units.

B.

All garden apartment affordable housing communities shall comply with the following conditions:

1.

Minimum lot area of ten (10) acres.

2.

Maximum building height of forty-five (45) feet measured from the top of the highest roof to the averaged finished grade. The maximum building height shall be reduced to thirty-five (35) feet for structures located within one hundred (100) feet of a single-family residential zone district.

3.

Minimum setback: No building shall be located within seventy-five (75) feet of any public right-of-way. Every building or structure shall have a minimum setback of twenty (20) feet from all interior development roads and shall have a setback of fifty (50) feet from adjoining property lines bounding the development area.

4.

Maximum density: 15.5 dwelling units per acre.

5.

Maximum units per structure: 40 dwelling units.

6.

Minimum distance between buildings: Twenty (20) feet.

7.

Location: No dwelling unit or any portion thereof shall be located in a story below grade plane.

8.

Affordable housing: The developer shall provide dwelling units affordable to very-low, low and moderate income residents pursuant to the regulations of the Council on Affordable Housing or any other state agency with jurisdiction over affordable housing. The number of affordable units shall be no less than fifteen (15%) percent of the number of new market rate units constructed. Affordable dwelling units may be provided through new construction or the conversion of existing units.

(Ord. No. 25-16, § 2, 12-1-2016)

Editor's note— Ord. No. 02-24, § 1, adopted February 15, 2024, repealed the former section 15-35.21 in its entirety, which pertained to cooperative sober living residences, and derived from Ord. No. 34-22, § 3, adopted December 8, 2022.