Readington Township
City Zoning Code
City Zoning Code
ARTICLE V
Conditional Uses, Exceptions, Modifications and Critical Areas
§ 148-28 Conditional uses.
A.
Before a building permit or certificate of occupancy shall be issued for any conditional use as permitted by this chapter, application shall be made to the Planning Board. The Planning Board shall grant or deny said application within 95 days of submission of a complete application by a developer to the administrative officer or within such further time as may be consented to by the applicant.
B.
The review by the Planning Board of a conditional use shall include any required site plan review pursuant to this chapter. Public notice and a hearing shall be required as stipulated in this chapter.
C.
In all requests for approval of conditional uses, the burden of proof shall be on the applicant. The Planning Board shall give due consideration to all reasonable elements which could affect the public health, welfare, safety, comfort and convenience such as, but not limited to, the proposed uses, the character of the area, vehicular travel patterns and access, pedestrian ways, landscaping, lighting, signs, drainage, sewage treatment, potable water supply, utilities and building and structure location(s) and orientations.
§ 148-29 Public and private schools.
A.
The school shall be approved by the New Jersey Department of Education.
B.
Safe and adequate access to a public road.
C.
Minimum building setback of 50 feet from all property lines.
D.
Fencing or screening between school and residential properties.
E.
Must comply with a minimum lot area in accordance with standards set forth in New Jersey Administrative Code Title 6 Chapter 22, Site Acquisition, as amended.
F.
A minimum off-street parking of two spaces per classroom for grade schools and 10 spaces per classroom for high schools or preparatory schools and in all cases sufficient space for school bus loading and unloading.
§ 148-30 Assembly uses.
[Amended 7-6-2009 by Ord. No. 19-2009]
A.
Safe and adequate access to a public street.
B.
Meet the minimum lot size, area and setback requirements for the zone where it is located.
C.
Building height not to exceed 40 feet. (Towers and steeples are exempt.)
D.
A minimum off-street parking of one space for each three seats or one for every 72 inches when benches are used or one for every 25 square feet of assembly area, whichever is greater.
§ 148-31 (Reserved) [1]
[1]
Editor’s Note: Former § 148-31, Cemeteries, as amended, was repealed 6-17-2019 by Ord. No. 13-2019.
§ 148-32 Hospitals providing facilities for overnight stays.
A.
Shall be located on a minor arterial, principal arterial or expressway.
B.
Safe and adequate access.
C.
Minimum lot size of 10 acres.
D.
Maximum building height of three stories or 40 feet.
E.
Minimum front, rear and side yards for principal and accessory structures shall be 100 feet.
F.
Adequate public sewer and public water service are required.
G.
Where appropriate to the welfare of adjoining residential properties, adequate buffering and security control measures may be required. These may include fencing and landscaping.
H.
The applicant shall detail the methods to be employed in transporting patients to and from the hospital, both in emergency situations and nonemergency transportation situations, and shall demonstrate that the hospital has the internal capacity for all such transportation and will not require the services of the volunteer first aid or rescue squad for such purposes.
I.
Two off-street parking spaces for each bed.
§ 148-33 Nursing homes.
A.
A minimum lot area of five acres.
B.
A minimum front, rear and side yard setback of 50 feet, except where the site fronts on Route 22 or 202, in which case there shall be a minimum front yard setback of 100 feet.
C.
The maximum number of residents shall not exceed six nursing home beds per acre.
D.
The maximum floor area ratio (F.A.R.) shall be 0.15.
E.
The impervious surface coverage shall not exceed 35%.
F.
There shall be provided off-street parking of at least one space for each four beds, plus one space for each staff member and employee, based on the maximum number on duty at any one time.
G.
The applicant shall obtain a Certificate of Need from the State of New Jersey Department of Health.
H.
The site shall have access to both public sewer and public water service or provide evidence that adequate on site facilities are available.
I.
The use shall comply with all state requirements relating to nursing home facilities.
J.
Where appropriate to the welfare of adjoining residential properties, adequate buffering and security control measures may be required. These may include fencing and landscaping.
K.
The applicant shall detail the methods to be employed in transporting patients to and from the nursing home, both in emergency situations and nonemergency transportation situations and shall demonstrate that the nursing home has the internal capacity for all such transportation and will not require the services of the volunteer first aid or rescue squad for such purposes.
§ 148-34 (Reserved) [1]
[1]
Editor's Note: Former § 148-34, Warehousing, added 10-1-2012 by Ord. No. 20-2012, was repealed 5-1-2023 by Ord. No. 09-2023.
§ 148-35 Limited brewery. [1]
[Added 3-16-2020 by Ord. No. 05-2020]
A limited brewery (1b) licensed by the State of New Jersey pursuant to N.J.S.A. 33:1-10, subject to the following conditions:
A.
Shall not utilize a plenary retail license (1c) for alcohol consumption with the limited brewery license;
B.
Shall be located upon a tract of land exclusively under the control of the brewery licensee;
C.
The brewery licensee shall be actively engaged in farming on, or on a tract directly adjacent to, the brewery premises;
D.
The brewery licensee shall grow and cultivate hops or other products on the farm used in the manufacturing of brewery products at the brewery;
E.
The brewery licensee shall hold no other brewery licenses within Readington Township;
F.
Shall not exceed 5,000 barrels of production per year. Production shall be demonstrated via documentation provided to the Township Clerk and Zoning Officer on an annual basis;
G.
Shall be located on a commercial farm;
H.
Shall be located on a contiguous tract at least 20 acres in area;
I.
The property upon which the brewery is located shall abut US Route 22 or US Route 202 and shall have direct vehicular access from such abutting highway;
J.
Shall have tasting room/areas;
K.
Brewery sales hours of operation: shall not extend outside of the hours of noon and 10:00 pm;
L.
Entertainment and media hours of operation. Other than background music, radio and television contained within the brewery building, all other forms of entertainment/media permitted by the license shall not occur outside the hours of noon and 9:00 p.m.;
M.
Outdoor beverage service. Sales and service of beverages is permitted outside within a fenced or walled enclosed area with such fence or wall having a minimum height of three feet, provided that such an area is delineated on an approved site plan;
N.
On-premises special events. A limited brewery may conduct on-premises special events, as defined and by the New Jersey Alcoholic Beverage Control Act, Title 33.[2] These may be held indoors or outdoors. The maximum number of each category of event per calendar year is subject to the following limitations:
[Amended 6-5-2023 by Ord. No. 11-2023]
[2]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
O.
Outdoor special events with amplified sound. Outdoor, on-premises special events that include live, amplified music performance, amplified recorded music or broadcast music, a DJ appearance, or a live televised championship sporting event shall be limited to no more than 16 events per calendar year. Notwithstanding the annual limit on such events, no more than four such events are permitted per calendar month. The duration of each event shall be one day;
[Amended 6-5-2023 by Ord. No. 11-2023]
P.
Outdoor on-premises special events with amplified music only shall not occur outside the hours of 12:00 noon and 9:00 p.m.;
[Amended 6-5-2023 by Ord. No. 11-2023]
Q.
Off-street parking for on-premises special events shall not be permitted in areas other than those parking areas depicted on an approved site plan or as approved through a special event permit;
[Added 6-5-2023 by Ord. No. 11-2023[3]]
R.
On-premises special event notice: A copy of the notice required to be provided to the New Jersey Division of Alcoholic Beverage Control for an on-site special event shall be provided to the Township Clerk and Zoning Officer no less than 10 days prior to an event;
S.
Entertainment notice: A copy of the notice required to be provided to the New Jersey Division of Alcoholic Beverage Control advising of the intent to have live music, DJ's, television programs, movies or sporting events shall be provided to the Township Clerk and Zoning Officer no less than 10 days prior to an event;
T.
Compliance with maximum permissible sound levels: All activities, other than agricultural activities, shall comply with Chapter 158 Noise, of the Readington Township Code with respect to the maximum permissible sound levels.
U.
Maximum floor area ratio for brewery buildings: .02. This is not in addition to the overall maximum permitted floor area ratio of 0.04;
V.
Maximum building height for any buildings associated with brewery shall not exceed two stories and 30 feet;
W.
Minimum building and off-street parking setback from street line or property line, excluding existing agricultural buildings: 100 feet;
X.
Minimum street frontage on a street: 200 feet;
Y.
Minimum off-street parking shall be provided as follows:
Z.
Off-street parking screening: Parking for visitors, employees and commercial vehicles for the brewery shall be screened from public view and the view of any adjacent properties with a screen planting, berm, fence, wall or combination thereof, no less than four feet in height. This buffering shall be provided between the off-street parking areas and any lot line or street line. Where a building intervenes between a street line or property line to sufficiently buffer views of parking, such screening shall not be required;
AA.
Outdoor storage: No outdoor storage, except for agricultural materials, supplies and equipment, shall occur on the property;
BB.
Refuse and recycling containers shall be enclosed within masonry enclosures with gates with a height sufficient to conceal all materials stored within;
CC.
Lighting: Maximum height of any fixture shall be 14 feet; parking lot lights shall be turned off within two hours after the close of business;
DD.
Permanent freestanding sign permitted: Not more than one permanent freestanding sign having a maximum permitted sign area of 64 square feet and a maximum permitted height of eight feet;
EE.
Temporary freestanding sign permitted: Not more than one temporary sign having a maximum sign area of no more than 14 square feet and a maximum height of four feet. The maximum permitted duration for a temporary sign is 30 days;
FF.
Building-mounted sign permitted: Not more than one building-mounted sign having a maximum sign area of 24 square feet and a maximum height of 15 feet;
GG.
Major site plan approval is required.
[1]
Editor's Note: Former § 148-35, Clubs, lodges and fraternal organizations, was repealed 7-6-2009 by Ord. No. 19-2009.
§ 148-36 Public utilities.
Public utilities of a nonindustrial nature, including telephone dial equipment centers, power substations and other utilities serving the public, but excluding sewage treatment plants and sanitary landfills. Public utilities shall be subject to the following conditions:
A.
The proposed installation at a specific location must be reasonably necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is located.
B.
The design of any building or other installation in connection with such facilities must not adversely affect the safe, comfortable enjoyment of property rights in the surrounding area.
C.
The proposed facility shall be included in the F.A.R. and impervious coverage calculations for the tract upon which it is located. Crushed stone shall be considered impervious coverage for purposes of this chapter.
D.
Adequate fences and other safety devices must be provided as may be required. Fences, when used to enclose public utility facilities such as electrical power substations, shall, as a minimum, be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the National Electrical Safety Code in effect at the time of construction.
E.
Landscaping, including shrubs, trees and lawns, shall be provided, including screening consisting of three constantly maintained staggered rows of evergreens 18 feet or less on centers in a fifty-foot buffer or as approved by the Board.
F.
Off-street parking shall be provided as determined by the Planning Board during site plan review.
G.
Connections at 69 kilovolts or less must be made underground wherever possible.
§ 148-37 (Reserved) [1]
§ 148-38 (Reserved) [1]
[1]
Editor's Note: Former § 148-38, Existing storage and warehouse conversion of agricultural buildings, was repealed 5-1-2023 by Ord. No. 09-2023.
§ 148-39 Transmission lines.
Any and all transmission lines over 69 kilovolts and radio and television transmitting aerials or antenna, provided that none may exceed 60 feet in height. All shall be so located and aligned to be as inconspicuous as possible and none shall be of such height or position that aircraft warning lights are required by any governmental agency. Transmission lines at 69 kilovolts or less must be under ground.
§ 148-40 Agricultural commercial village.
A.
Minimum tract size of 70 acres.
B.
A minimum of 200 feet of frontage on Route 202 with good traffic accessibility from the highway.
C.
Existing and proposed buildings within the village shall maintain a rural and agricultural appearance.
D.
A minimum buffer of 200 feet in width shall be maintained in crops or pasture land between the agricultural commercial structures and tract boundary to maintain the rural agricultural appearance.
E.
Maximum F.A.R. of 0.07.
F.
Maximum area of impervious surface coverage of 30%.
G.
Uses permitted in the agricultural commercial village shall be limited to agricultural services and retailers such as feed and seed sales, saddle shops, veterinarian, plant nursery, lawn, garden and farm equipment sales and service, farm produce sates, etc.
H.
Outdoor display of nursery stock and farm equipment shall be permitted. See Article XII for additional sign provisions.
I.
A minimum of one parking space per 200 square feet of gross floor area.
J.
One freestanding sign not exceeding 32 square feet in area shall be permitted along the Route 202 frontage. One attached facade sign per shop shall be permitted not to exceed one square foot per linear foot of the front facade of the tenant's shop space. See Article XII for additional standards.[1]
[1]
Editor's Note: Former Section 501.13, Continuing care retirement community, which immediately followed this section, was repealed 8-5-1996 by Ord. No. 14-96.
§ 148-41 Retail and service uses in the PND Zone.
A.
Within the PND Zone, retail and service uses similar to those permitted in the Village Commercial Zone shall be permitted conditional uses on lots of a minimum of five acres in size in order to provide convenient goods and services to the residents of planned development and others in the community.
B.
Lots shall have frontage and accessibility to Route 22 or 202.
C.
The commercial development shall be entirely planned at one time with a consistent architectural and landscape design theme and with direct pedestrian connections (and vehicular connections if possible) to the circulation system of the PND.
D.
The maximum F.A.R. shall be 0.15.
E.
The maximum impervious surface coverage shall be 0.55.
F.
Maximum building height shall not exceed 35 feet in height and 2 1/2 stories.
G.
Minimum setbacks.
(1)
Minimum front yard setback from any state or county road: 75 feet.
(2)
Minimum front yard setback from any municipal road: 50 feet.
(3)
Minimum side yard setback when adjacent to a residential zone or use: 75 feet.
(4)
Minimum side yard setback when not adjacent to a residential zone or use: 25 feet.
(5)
Minimum rear yard setback when adjacent to a residential zone: 75 feet.
(6)
Minimum rear yard setback when not adjacent to a residential zone: 25 feet.
H.
A minimum of one off-street parking space per 200 square feet of gross floor area.
I.
One freestanding sign for the entire commercial center not to exceed 30 square feet in area the text limited to the name of the center or the name and address of the center and one facade sign for each tenant not to exceed one square foot per linear foot of the front facade. See Article XII for additional standards.
§ 148-42 Service station and automobile repair shop.
A.
All repair and service activities shall be conducted within a structure, and no vehicles shall be stored in the open except service vehicles and those awaiting repairs.
B.
No facility, including pumps, shall be erected closer than 100 feet to any street right-of-way line, provided that they may not be located closer than 300 feet to a place of congregation of people such as a church, school, theater or hospital nor closer than 2,500 feet to each other, nor within 200 feet of an intersection of street right-of-way lines.
C.
Goods for sale accessory to gasoline filling stations may be displayed out of doors on the pump island(s) and the building island only. Such limited outdoor display may be on the above islands only if contained within a suitable stand or rack. Tires shall be stored only inside the principal building. Vending machines, if any, shall be located within the principal building.
D.
The exterior display and parking of motor vehicles, trailers, boats or other similar equipment for sale shall not be permitted as part of a service station.
E.
Landscaping shall be provided in the front yard area equal to at least 20% percent of the front yard area, and such landscaping shall be reasonably distributed throughout the entire front yard area.
F.
Service stations shall provide at least six off-street parking spaces for the first lift, wheel alignment pit or similar work area; five additional spaces for a second work area; and an additional three spaces for each additional work area. Such spaces shall be separated from the driveway and general apron area which give access to the gasoline and air pumps and service areas. No designated parking space shall obstruct access to such facilities. No parking shall be permitted on unpaved areas. The site plan approval may establish a maximum number of vehicles to be stored on site.
G.
Service stations may be permitted one freestanding sign and one facade sign. The freestanding sign shall not exceed an area of 60 square feet and shall be set back at least 20 feet from all street rights-of-way and lot lines. The facade sign shall not exceed one square foot per linear foot of the facade. See Article XII for additional standards.
H.
All of the other area, yard and general requirements of the respective zone and other applicable requirements of this chapter must be met.
§ 148-43 Hotels.
A.
Any hotel that may be constructed on a lot or parcel of land must contain a minimum of at least 30 units of accommodation, exclusive of a permanent, on-site superintendent's living quarters. The minimum number of units of accommodation in any single building shall be 10. Ancillary retail, service and restaurant facilities provided primarily for the use of the occupants may be permitted and shall not exceed 10% of the gross floor area.
B.
Each unit of accommodation shall contain a minimum floor area of 250 square feet. Ceilings shall be a minimum of eight feet in height.
C.
Each unit of accommodation shall include a minimum of two rooms; a bedroom and a separate bathroom. No units shall include cooking facilities within said unit.
D.
There shall be a residency limitation on all guests of 30 days' maximum.
E.
Off-street parking shall be provided at the ratio of 1.25 spaces per unit and one space per every four seats in an ancillary restaurant.
F.
One freestanding sign shall be permitted not to exceed 50 square feet in area and shall be set back at least 25 feet from all street and lot lines. One facade sign shall be permitted not to exceed one square foot per linear foot of the front facade. See Article XII for additional standards.
G.
Hotels in B Zones must have direct vehicular access to and from Route 22 or 202. Hotels in the VC Zones must have direct vehicular access to Main Street of either Whitehouse Station or Three Bridges.
H.
Public sewer and public water facilities must be available.
I.
The minimum lot size for a hotel shall be three acres. All of the other area, yard, building coverage, height and general requirements of the zone and other applicable requirements of this chapter must be met.
§ 148-44 Conference inns.
A.
A conference inn may include accessory uses that are customary and usual accessory uses to a conference inn such as a gift shop, banking facilities and other retail facilities primarily for conference inn and restaurant guests and employees.
B.
Direct access to Route 22 or 202.
C.
Adequate public water and public sewer service must be available for the site.
D.
A conference inn shall include one or more restaurants containing a total of at least 1.5 seats for each guest room or guest suite and one or more conference rooms containing a total of at least one conference room seat for each guest room or guest suite.
E.
Bulk requirements.
(1)
Minimum lot area: 10 acres.
(2)
Maximum floor area ratio (F.A.R.) as determined in accordance with § 148-23F, Note 2, of the ROM-1 Zone: 0.25.
(3)
Maximum impervious coverage (MIC): 55%.
(4)
Maximum floor area of accessory retail uses: 3% of gross floor area.
(5)
Required frontage: 200 feet either owned or controlled by applicant.
F.
Building setbacks, minimum:
(1)
Front: 75 feet from right-of-way of any county or state road; 50 feet from right-of-way of any municipal road. However, additions to existing structures shall be permitted within the minimum setback provided there is no greater encroachment toward the street and side yards than the existing structure and further provided the height of the existing building is not exceeded by the addition.
(2)
Side: 15 feet, one side, and 50 feet combined for two side yards unless adjacent to a residential zone district, then 75 feet minimum side yard required for each side yard adjacent to residential zone.
(3)
Rear: 25 feet unless adjacent to a residential zone district, then 75 feet rear yard is required.
(4)
From private road. Notwithstanding the above, the setback from a private road shall not be less than 35 feet.
H.
Height. Feet: 50 feet maximum. Stories: three stories, except that four stories may be permitted to take advantage of any grade change and further provided that not more than 20% of the total floor area of the conference inn shall be located in the four-story section. The four-story section shall be designed and located so that the increase in the number of stories shall not be ascertainable from the entrance court of the existing building.
I.
Parking.
(1)
One off-street parking space for each guest room.
(2)
One off-street parking space for each 3.0 restaurant, banquet and meeting room seats. The applicant need not construct all of the required parking if a site plan showing fewer spaces is approved by the Planning Board and the unbuilt spaces are maintained in open space and permanently reserved for future parking. The applicant shall have the right to install the previously approved parking spaces without the necessity of securing additional site plan approval.
(3)
Parking spaces shall be in a minimum of nine feet by 18 feet.
(4)
Parking areas shall not be located closer than 20 feet to the right-of-way of any public road or within 10 feet of any side or rear lot line. If the side or rear yard is adjacent to a residential zone district, the parking may not be located closer than 25 feet to the lot line adjacent to the residential district.
J.
Building design.
(1)
All new buildings and expansion of existing buildings shall be sensitive to, compatible with and in harmony with the architecture, scale, details, material and design of the existing principal building.
(2)
All air-conditioning equipment shall be located within the principal building or appropriately screened.
§ 148-45 Mixed-use corporate office parks.
A.
Mixed-use corporate office parks consisting of multiple buildings and ROM-1 permitted uses on a development tract are permitted as a conditional use within the ROM-1 Zone. "Development tract," for purposes of this section, shall mean a tract of land consisting of one or more lots proposed for development as a mixed-use corporate office park.
B.
Permitted uses.
(1)
Office/research buildings (within 300 feet of the right-of-way of Route 22).
(2)
Mixed-use buildings (setback at least 300 feet from the right-of-way of Route 22). Uses to be permitted in these buildings include office, research/laboratory, light manufacturing, and all other uses permitted in the ROM-1 Zone.
[Amended 5-1-2023 by Ord. No. 09-2023]
(3)
Day-care facilities, banking services, dining facilities, newspaper/magazine concessions and related retail goods and service uses for employees of the complex and suitably located so as not to attract use by the general public.
(4)
Restaurant or cafeteria for the exclusive use of tenants and their guests.
C.
Conditions and requirements. Additional or superseding conditions and requirements for the conditional use or mixed-use corporate office parks in the ROM-1 Zone as follows:
[Amended 5-1-2023 by Ord. No. 09-2023]
(1)
Minimum development tract of 50 acres.
(2)
The development tract must have frontage on and direct access to Route 22.
(3)
Availability of public sewer and public water.
(4)
Development within 300 feet of the right-of-way of Route 22 shall be limited to office/research use.
(5)
Maximum permitted floor area ratio (F.A.R.) shall be 0.15. Section 148-22E, Note 1, shall apply to all buildings.
(6)
Maximum impervious coverage (MIC) shall be 0.45.
(7)
A mixed-use corporate office park must provide an overall site design concept that coordinates highway access, vehicular and pedestrian circulation, parking and loading, including shared parking and loading facilities, architectural and landscape design, buffers and screening.
(8)
Single ownership and management of entire mixed-use corporate offices parks is required unless or until a condominium association or equivalent entity is formed and obligated to deal collectively with management, maintenance and security of the development.
D.
Design standards.
(1)
There shall be a minimum distance of 50 feet between principal buildings.
(2)
The minimum building setback from internal roadways shall be 20 feet.
(3)
The parking standards established for the ROM-1 Zone shall apply; however, the approving body may waive initial construction of 20% of the parking required for buildings limited solely to office use and may waive initial construction of 40% of the parking required for buildings not limited solely to office use, provided that deferred parking areas are designated and drainage and detention facilities are designed to accommodate construction of deferred parking. No parking spaces shall be located in a required front yard nor between the front buildings and Route 22.
(4)
One loading space shall be required for every 50,000 square feet of gross floor area.
E.
Signs.
(1)
One freestanding sign not to exceed 50 square feet in area and set back a minimum of 25 feet from all street and lot lines and shall not exceed eight feet in height above the grade.
(2)
Directory signs within the park shall be permitted as determined necessary by the Planning Board and shall not exceed 12 square feet in size and six feet in height.
(3)
One facade sign per building not to exceed one square foot per linear foot of the front facade.
§ 148-46 Tree removal in the SSR Zone.
The removal of more than two living trees from a lot in the SSR Zone shall require meeting the following conditions:
A.
The applicant shall provide a tree removal plan indicating the location, size and number of trees to be removed.
B.
A soil erosion and sedimentation control plan adequately reducing soil erosion and sedimentation to the satisfaction of the Township Engineer or other agency with jurisdiction.
C.
A planting plan providing adequate vegetation cover to prevent erosion or excessive stormwater runoff.
D.
The Planning Board shall discourage clear cutting of any lot.
§ 148-47 Home occupation.
Home occupations requiring conditional use approval shall comply with the requirements set forth in § 148-53, Home occupations.
§ 148-48 Single-family detached and semi-detached residences in HVC Highway Village Commercial District. [1]
[Added 2-18-2025 by Ord. No. 02-2025]
A.
Shall be connected to public water and sanitary sewer.
B.
The principal building shall be sited, located and designed to face Old Highway 28.
C.
Vehicular access to the site shall only be from Old Highway 28.
D.
Minimum lot size: 20,000 square feet.
E.
Minimum lot frontage: 80 feet.
F.
Maximum floor area ratio (FAR): 0.20.
[1]
Editor's Note: Former § 148-48, Accessory apartments, added 6-2-1997 by Ord. No. 6-97, as amended, was repealed 11-5-2001 by Ord. No. 32-2001.
§ 148-49 General exceptions and modifications.
[Amended 4-21-2014 by Ord. No. 08-2014; 6-17-2019 by Ord. No. 13-2019; 10-5-2020 by Ord. No. 26-2020]
A.
Undersized existing lots in the SRR Special Resource Residential, HR Hamlet Residential, R-1 Residential-1 and VR Village Residential Zones. Lawfully created existing individual lots in the SRR, HR, R-1 and VR Zones that are independent of adjacent ownership as of the effective date of this chapter and which do not comply with the minimum required lot size for the respective zone may be improved for single-family residential use as a matter of right and shall be considered conforming, provided that said lots conform with the following provisions:
(1)
The side yard and rear yard setback provisions may be reduced in direct proportion to the difference in lot circles; however, the reduced setback shall not be less than 50% of the setback specified by the district regulations. For example, a forty-foot side yard setback required for an undersized lot shall not be reduced to less than 20 feet.
(2)
The floor area ratio (F.A.R.) may be increased inversely in proportion to the differences in lot circles.
B.
Height limits. Except for residential dwellings as permitted in this chapter, penthouses or roof structures for the housing of stairways, tanks, ventilating fans, air-conditioning equipment or similar equipment required to operate and maintain the building, skylights, spires, cupolas, flagpoles, chimneys or similar structures may be erected above the height limits prescribed by this chapter, but in no case more than 20% more than the maximum height permitted for the use in the district, except that silos and barns associated with farming shall have no height restrictions.
C.
Christmas tree sale. The annual sale of Christmas trees is permitted in all zones between December 1 and December 25, inclusive. The site shall be cleaned up and show no visual evidence of the temporary sale by December 31.
D.
Public election voting places. The provisions of this chapter shall not be construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.
E.
Public utility lines. Public utility lines for the transportation and distribution and control of water, electricity, gas, oil, steam, telegraph and telephone communications and their supporting members, other than buildings or structures, shall not be required to be located on a lot nor shall this chapter be interpreted as to prohibit the use of a property in any zone for the above uses. These uses may be limited or controlled by other sections in this chapter.
F.
Existing cemeteries. Cemeteries that are lawfully existing at the time of the adoption of this subsection may continue to operate according to the following standards:
§ 148-50 Critical areas.
A.
Steep slopes.
(1)
The purpose of this section is to regulate the construction of buildings and roads, the removal of vegetative cover, the disturbance of soil and the intensity of use in areas of excessive slopes.
(2)
A steep slope analysis showing slope classes of 0% to less than 15%, 15% to less than 25%, 25% to 35% and greater than 35% shall be provided by the applicant.
(3)
In areas with slopes of 15% to less than 25%, no more than 10% of such areas shall be developed and/or regraded or stripped of vegetation or trees.
(4)
In areas with slopes of 25% or more, no development, regrading or stripping of vegetation or trees shall be permitted.
(5)
The following standards shall apply to existing lots of record which will necessitate the construction of a residence or any required improvements on slopes greater than 15% and to new lots which require improvements on slopes greater than 15%:
(a)
A lot grading plan which indicates the proposed driveway plan and profile, location of the residence and any site grading necessary for the property shall be submitted for review and approval by the Township Engineer. Such plan shall provide for the proper protection and stabilization of all disturbed areas consistent with the design techniques established by the Soil Erosion and Sediment Control Standards, adopted and amended by the New Jersey State Soil Conservation Committee.
(b)
The Township Engineer shall verify that the proposed residential driveway design is capable of providing access for emergency vehicles and equipment under all weather conditions.
(6)
Roads and driveways shall follow the natural topography to the greatest extent possible to minimize the cutting and grading of critical slope areas.
B.
Stream corridors.
(1)
The purpose of this section is to protect property from flooding; to reduce land development impacts on stream water quality and flows; to maintain quality of streams and improve the currently impaired streams in the Township; to protect significant ecological components of stream corridors such as wetlands, floodplains. woodlands, steep slopes, wildlife, plant and riparian habitats within the stream corridors of the Township: to complement existing state, regional, county and municipal stream corridor protection and management regulations and initiatives; to protect existing natural drainage features; to protect other's rights within the same watershed from adverse effects of improper stream corridor development; and to provide recreation and wildlife migration corridors.
(2)
Stream corridors shall remain in their natural state, with no clearing or cutting of trees and brush (except for removal of dead vegetation and pruning for reasons of public safety), altering of watercourses, regrading or construction. Only the following uses shall be permitted within stream corridors, subject to the aforementioned parameters:
[Amended 9-5-2006 by Ord. No. 32-2006[2]]
(a)
Agriculture according to the best management practices of the Natural Resource Conservation Service or the Soil Conservation District, but excluding enclosed structures.
(b)
Pasture and controlled grazing of animals as part of an agricultural operation in accordance with conservation practices approved by the Natural Resource Conservation Service or the Soil Conservation District.
(c)
Wildlife sanctuary, woodland preserve, and arboretum, except if subject to damage by flooding.
(d)
Hunting and fishing reserves, operated for the protection and propagation of wildlife, but excluding enclosed structures.
(e)
Passive recreational uses.
(f)
Stream corridor restoration that utilizes plantings of native and indigenous species.
(g)
Dams, culverts and bridges that have received approval from the appropriate municipal, county and state agencies having such authority;
(h)
Roads that cross the stream corridor as directly as feasible.
[2]
Editor's Note: This ordinance deleted former Subsection B(2), which defined stream corridors, and renumbered former Subsections B(3) through B(10) as B(2) through B(9), respectively.
(3)
Any use not specifically permitted in the stream corridor is prohibited.
(4)
Any development or use requiring approval under Subsection B(2) above shall require either site plan review or subdivision review pursuant to Article X of this chapter. The procedures and standards of review prescribed in Article X shall be applicable and shall be in addition to the requirements for submission listed in Subsection B(5) below. Nothing in this section shall relieve an applicant from complying with other requirements that are applicable to the development.
(5)
The following information shall be supplied for any development within a stream corridor. Such information shall be in addition to information required by Article X:
(b)
Detailed hydrologic engineering studies indicating the effects on drainage, streams and adjacent properties as well as the property in question, including the necessary data to determine whether the boundaries of the stream corridor would be affected if the application were granted.
(c)
A plan indicating the disposition of any fill materials proposed to be deposited by the grading or regrading of land.
(d)
The designation of how suitable techniques, including erosion and soil stabilization measures, sediment traps and nutrient control by vegetation filters or other mechanisms, will be incorporated to protect the stream.
(e)
A demonstration that the use or activity cannot be located outside the stream corridor.
(6)
An approved application for development or use on a lot which contains a stream corridor or portion of a stream corridor shall provide a conservation easement for the continued protection of the stream corridor. Conservation easements shall be established by deed or by plat filed with the County Recording Officer in compliance with the Map Filing Law and shall contain the language set forth in § 148-69D(1). In the event any of the exceptions contained in § 148-50B(2) apply, then the conservation easement may be amended upon recommendation of the Planning Board, as applicable.
[Amended 4-21-2008 by Ord. No. 09-2008]
(7)
Appropriate monuments shall be set by the licensed land surveyor. Such markers shall be set at each conservation easement corner not previously marked by a monument. All boundary markers shall be described on the survey provided to show their relation to the property or corner or, if appropriate, to the boundary lines.
(8)
In addition to monumentation, a suitable form of continuous, visible delineation (such as a fence) shall be installed so that it is coterminous with the boundaries of the conservation easement. The location and detailing for this element shall be included on the plans. This element shall be designed to be visually compatible with the character of the stream corridor and the local context and shall be subject to review and approval by the approving authority. The visible delineation shall be maintained in perpetuity by the property owner.[3]
[Amended 1-22-2008 by Ord. No. 02-2008; 4-21-2008 by Ord. No. 09-2008]
[3]
Editor's Note: Former Subsection B(9), regarding signs along the boundary of a conservation easement, which immediately followed this subsection, was deleted 4-21-2008 by Ord. No. 09-2008. See now § 149-69D(2).
[1]
Editor's Note: This ordinance also repealed former Subsection C, Wetlands.