Upper Deerfield Township
City Zoning Code

Each dwelling unit shall contain complete kitchen facilities, toilet, bathing and sleeping facilities and shall have a minimum habitable floor area consistent with the following.

In addition to the required habitable floor area, there shall be a minimum storage area in each building for bicycles, carriages, furniture and similar incidental equipment or items equal to 70 square feet in area by a minimum of seven feet in height per unit.

A maximum of 10% of the total number of units in a completed development may be three-bedroom units; up to 50% of the total units in a completed development may be two-bedroom apartments; and the remainder shall be either one-bedroom or efficiency apartments. In the event that a development is completed in sections, the above-stated proportions of three-, two- and one-bedroom or efficiency apartments shall be substantially maintained as construction of the development progresses.

A minimum of 25% of the total area of the apartment development land area, exclusive of normal dwelling dooryards, buffer strips, parking areas and street rights-of-way, shall be designed for common open space and recreational area. No one recreational area shall be less than 10,000 square feet in area nor 100 feet in its narrowest dimension. Each recreational area shall be conveniently accessible to the development inhabitants. Common open space and recreational areas shall be either made available for conveyance to the Township with a deed restriction applying that it will be permanently devoted to playground or park use or held in private ownership, but only when a deed reversion clause is arranged in favor of the Township in the event that the use of the land for common open space and recreational purposes ceases to exist for a period of one year.

All recreational areas and/or parks shall be improved by the developer, including equipment, walkways and landscaping. The Planning Board, in reviewing the plans, shall determine that the recreational areas are suited to their intended use in terms of the environment and will meet the needs of the development's inhabitants. Not more than 50% of the development's areas shall be in one of the following: a floodplain, areas with a slope of greater than 10%, a watercourse or other areas unsuitable for recreational purposes due to environmental considerations.

Open space adjacent to buildings not surfaced as walkways, driveways, parking areas, utility areas or other required improvements shall be graded and seeded to provide a thick stand of grass or other ground cover material. Two suitable specimen trees and four evergreen shrubs, exclusive of those used in connection with parking or other areas, shall, at a minimum, be provided for each dwelling unit. The Planning Board, in reviewing plans, shall determine that the landscaping plan is designed to optimize solar access and protect buildings from prevailing winds.

Maintenance of open space and recreational areas of garden apartment developments shall be the responsibility of the developer/owner unless the land is deeded to and accepted by the Township.

For every three apartment units which are not provided with laundry facilities or facility hookups, there shall be provided within the same building or structure as said units at least one washer and one dryer. No less than one garbage or trash pickup area shall be established with suitable receptacle in close proximity to each eight apartment units. Detrimental effects on the aesthetic character of the development shall be minimized where necessary through the use of enclosures or screens composed of suitable fencing, masonry walls or shrubbery at least six feet in height around the perimeter of said areas used for garbage pickup or other utility areas. Fencing and walls shall not be more than fifty-percent opaque on the vertical surface.

Every building shall have a minimum setback of 40 feet from any public street or road and 15 feet from any private interior road, driveway or parking area.

Driveways, parking areas and all pedestrianways shall be provided at all times with adequate illumination so shielded as to avoid deleterious glare to adjacent or nearby residential units.

Parking areas, screening, signs and driveways shall be designed and constructed in accordance with the provisions of this chapter.

All on-site electricity, utility and cable television services shall be installed below ground.

No garden apartment development shall be constructed in any area where public sewerage facilities and water supply system are not available or cannot be made available by the developer. For purposes of this section, "public sewerage facilities and water supply systems" shall mean those operated by the Township of Upper Deerfield or other public or quasi-public agency or company approved and authorized to so provide such services by the Township of Upper Deerfield.

All streets and roads created by an apartment development shall be oriented in an east-west direction to permit the buildings constructed thereon to maximize solar gain within the limits of practicability and feasibility.

All garden apartment development shall incorporate energy conservation techniques and alternative sources of energy utilization, including passive and active solar power and wind turbines, into the design of the proposed structures to the maximum extent practical. The applicant shall detail the techniques to be utilized to conserve energy use in the development in an energy conservation analysis and report hereby required to be submitted with the application for approval.

There shall be no dwelling unit below the ground-floor level and not above the second story of any structure.

There shall be not more than 12 dwelling units in each building or structure. The facade of any building shall not exceed 60 feet in length unless each increment of 60 feet is interrupted by an angle of at least 45° or an offset of at least five feet.

Courtyards bounded on three or more sides by the wings of a single building or by walls of separate buildings shall have a minimum width between any two walls of at least two feet for each one foot of height of the tallest adjacent building or wall.

No garden apartment dwelling structures shall be located within 25 feet of another dwelling structure. The maximum building height of a principal building shall be 35 feet and 15 feet for an accessory building. The minimum lot frontage along the improved road shall be not less than 1/2 of the lot depth. The minimum lot depth shall be 150 feet. Yard setback requirements shall be as follows:

There shall be a buffer along the entire perimeter of the property, except for the front yard, of no less than 10 feet in width measured from the property line and suitably landscaped with grass and/or ground cover, shrubs and trees. No buildings, including garages, other accessory structures, interior streets and driveways, parking areas, drying yards or play areas, shall be located within the buffer area.

Ingress and egress driveways may be permitted in the front yard area, but nothing herein contained shall be construed to permit parking areas in the front yard. Required parking areas shall be permitted within the required rear and side yard areas, provided that such areas shall be no closer than 20 feet to any property line.

The storage of materials, their handling on the site and transport to and from the site shall be such that no nuisance, such as noise, erosion of materials, dirt, odor, insect or animal infestation, or other unpleasant, unhealthy or unsafe condition occurs or becomes a problem for adjacent properties or the public in general. Special care shall be taken to prevent an environmental degradation of the site or any adjoining properties as a result of the movement, handling or storage of such materials. The Planning Board shall require special conditions of operation or site improvements to a proposed bulk storage site to prevent or mitigate environmental or nuisance problems or conditions.

Where a proposed bulk storage facility adjoins a stream or prime agricultural soils or where the use of lands for bulk storage of materials entails activities or changes to the site which could affect groundwater or surface water, the natural topography, or the removal of 1/2 acre or more of woodland, the Planning Board may require an environmental impact statement in order to determine whether the proposal will be environmentally detrimental.

The access driveway to a bulk storage facility shall be designed and constructed to safely and efficiently handle the large, heavy equipment expected to use it. Such driveways' entrances shall be adequately defined with concrete monolithic curb radii and shall be paved with bituminous or concrete cement for a length of at least 50 feet. The design of the driveway and entrance shall be subject to the review and approval of the Planning Board Engineer.

Once a bulk-storage-of-materials use is constructed and utilized, a condition of continued compliance with site plan approval shall be that the driveway is maintained free of ruts or potholes and is not littered to such an extent or duration with spilled materials as to be tracked or otherwise deposited on the public right-of-way.

The driveway shall be provided with a gate to prevent unwarranted or unauthorized access by vehicles to the storage areas during periods when the facility is not in operation.

The minimum side yard requirement for the bulk storage of materials as listed in the Schedule of District Regulations may be reduced by the Planning Board when a site proposed for bulk storage of materials abuts a railroad right-of-way and materials are to be moved to or from the site by rail.

Landscaping shall be provided in suitable density to provide a visual buffer along that portion of the facility adjoining any public right-of-way except a railroad right-of-way. Said buffer shall use berms, fencing and plant material to provide a visual screen of the stored materials. Where a bulk storage facility adjoins a residential zoning district or residentially used property, a similar buffer shall be provided and maintained between the facility or use and the adjoining district or property.

The landscaping plan shall clearly demonstrate how the visual buffer will be achieved and shall be subject to the review and approval of the Planning Board and its professionals. All landscaped areas and buffers shall be maintained to assure that plant material lives and serves the purpose for which it was intended.

Will not endanger or degrade the natural environment.

Will be compatible with surrounding land uses or will be suitably buffered so as to reduce or eliminate conflicts in uses.

Will not create unnecessary or excessive traffic on local roadways which would make for unsafe or unreasonable interference with local traffic or land uses along such roadways.

Will not result in unsafe, unreasonable nuisances to surrounding properties or the public in general.

The maximum permitted density shall be 1/2 unit per acre in the R-1 Residential District and 3/4 unit per acre in the R-2 and R-3 Residential Districts.

Land area equal to a minimum of 20% of the tract of land proposed for development shall not be included in lots but shall be set aside for conservation, open space, recreation and park area, or other public purposes. Land utilized for street rights-of-way, driveways, parking lots, dooryards, utility stations, buffer strips and loading areas shall not be included as part of the above 20%.

Land for conservation, open space, recreation, park areas or other public purposes may be satisfied by inclusion of such required space on the developed site or by noncontiguous off-site land as provided herein.

No more than 50% of the total open space within the development site shall be located in one or more of the following: a floodplain, areas with a slope greater than 10%, and watercourses or bodies of water or other areas deemed unsuitable for recreational purposes due to environmental reasons as made evident by the Planning Board's review of the environmental impact statement required to be submitted. When open space requirements are being met by utilization of noncontiguous open space off site from the development, then not more than 25% of the total open space saved off site from the development shall be located in one or more of the following: a floodplain, areas with a slope greater than 10%, and watercourses or bodies of water or other areas deemed unsuitable for recreational purposes due to environmental reasons as made evident by the Planning Board's review of the environmental impact statement required to be submitted.

At least 50% of the total open space saved shall be used for one or more of the following active recreational purposes: golf courses and country clubs; swimming pools and cabana clubs; tennis, badminton and basketball courts; riding clubs; limited membership outdoor recreational areas; private landscaped areas under the supervision of a homeowners' association as provided in this section.

The remaining portions of open space saved shall be permanently devoted to one or more of the following open land uses: parks or playgrounds; woodland conservation areas; agricultural; game preserves; wild fowl refuges; pedestrian walkways; bicycling and bridle trails (excluding motorized cycles and all-terrain vehicles or similar motorized vehicles); stream preservation; and watershed protection or flood control areas.

In certain circumstances, the land area equal to a minimum of 20% of the tract of land proposed for development to be set aside for conservation, open space, recreation and park area or other public purposes can be satisfied by the utilization of noncontiguous parcels of land. The Planning Board shall retain sole discretion in determining the suitableness of utilizing noncontiguous parcels to satisfy this section.

Provisions made with respect to any proposed cluster development for open space and recreational areas shall be reviewed, found adequate and approved by the Planning Board. In its review, the Planning Board shall investigate the size of parcels devoted to open space and recreational areas, their location within or outside of the project, the topography, the uses contemplated upon such open space and recreation areas, configurations of the parcels under consideration, facilities and improvements to be provided, the provisions made for maintenance and access to said parcels, traffic flow around said parcels, the ecological aspects, the staging or timing of the open space and recreational area development, and how various categories of recreational facilities or open space and their location will be proportionally related to the staging of development of housing units, if such staging is proposed. The Planning Board shall make detailed findings concerning the adequacy or inadequacy of the aforesaid items in conformity with the provisions of this chapter and any adopted Township Master Plan. The provisions made shall be deemed adequate if the Planning Board determines that:

The Planning Board shall find that the restrictions, covenants or other legal devices designed to preserve open space and recreational areas for the uses initially proposed, to protect open space and recreational areas from erosion into other uses, and to confine open space and recreational areas to the uses approved are adequate for such purposes.

While nothing herein contained shall be deemed to require that, as a condition of cluster development project approval, a developer must make available lands for public use which are proposed as open space and recreational areas, the Township may, at any time and from time to time, accept the dedication of said land or any interest therein for public use and maintenance where a free and uncoerced offer is made by the developer. That said offer is free and uncoerced shall be established on the record of any public meeting wherein said offer is made. Lands offered to the Township shall meet the following requirements:

Any lands intended for use as open space or recreational areas and not to be dedicated to the Township or other public agency shall have a deed restriction approved by the Township Attorney, specifying that it will be permanently devoted to one or more of the various open space or recreational uses approved by the Planning Board. There also shall be incorporated into the deed for said open space or recreational lands a reversion clause, also approved by the Township Attorney, arranged in favor of the Township, stating that in the event the private open space or recreational use ceases to function for a period of one year said lands shall be subject to the provisions of § 405-62A(14) contained herein.

That departures by the proposed development from the zoning regulations otherwise applicable to the subject property conform to the standards of this section.

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

The noncontiguous site is suitable.

The Township agrees to accept public dedication of the open space.

That provision 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.

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

In the case of a 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.[1]

The location of all fuel tanks and pumps;

The dimensions and capacity of each tank;

The depth the tanks will be placed below ground level;

The location and use of all structures, principal and accessory, to be constructed; and

The location and number of automobiles or motor vehicles in need of service which are to be garaged or parked on the premises.

Sufficient on-site area shall be provided to permit cars or other vehicles waiting for service. Such waiting areas shall be suitably screened from adjoining properties.

All wastewater generated from such uses shall be recycled, and such wastewater not able to be recycled shall be disposed of in a public wastewater system or an approved on-site disposal system designed to handle such flows and prevent degradation of groundwater supplies. No wastewater will be allowed to leave the site through surface runoff or storm drains.

Class I animals: horses, ponies, donkeys or any other animals belonging to the biological order of perissodactyla.

Class II animals: cattle, pigs, goats, sheep or other animals commonly referred to as "livestock."

Class III animals: any feathered vertebrate animal, including but not limited to chickens, geese, ducks, turkeys, hens, pheasants or other animals commonly referred to as "barnyard fowl."

Class IV animals: dogs, cats, parakeets, parrots, small pet birds, hamsters, guinea pigs and similar or usual domestic pets.

Class V animals: fox, mink, fur-bearing animals, including rabbits except when one or two are kept as domestic pets, monkeys or other wild animals which by state or federal law require a license to be kept in captivity.

Not more than one Class I animal shall be kept on a lot of at least two acres in size, provided that said animal is kept enclosed in a pen or corral containing not less than 5,000 square feet in area. Each additional Class I animal shall require an additional acre in lot area and an additional 2,000 square feet of pen or corral space. At a minimum, box stalls of 100 square feet and/or straight stalls of five feet by eight feet per animal shall be provided. No animal shall be housed or manure stored closer than 100 feet to any adjacent property line.

In any residential district on a lot of at least one acre in size, not more than two Class II animals (except pigs) or 12 Class III animals may be kept, except in the case of cattle, wherein the lot size shall be no less than three acres. The keeping of pigs shall be prohibited in all residential zoning districts. All such animals shall be kept enclosed in a pen, corral or other suitable enclosure with appropriate animal housing provided. No animal shall be housed or manure stored closer than 100 feet to any adjacent property line.

The keeping of Class IV animals shall be permitted in all zoning districts, provided that the breeding and sale of such animals may be determined a commercial use by the Zoning Officer based upon the number of animals involved within a reasonable time period and the use of property or structures thereon for such activity. When so determined a commercial activity, the property owner shall be subject to the requirements of this chapter for such commercial activity, including site plan review.

All fencing in connection with the enclosure of animals shall be installed no less than 10 feet from adjacent property lines and at least 50 feet from the nearest dwelling, excluding the owner's.

In computing the acreage required for the keeping of animals or livestock, each class of animal as set forth herein shall be computed separately, resulting in a cumulative total. Subsection B(1) through (6) shall not apply to any agricultural district or any farm, as defined by this chapter, except that the keeping, breeding or sale of all Class V animals shall be prohibited in all zone districts within the Township of Upper Deerfield.

An apiary shall be permitted on any lot of at least two acres in size, provided that bees kept for the production of honey shall be housed no less than 100 feet from the nearest dwelling, except the hive owner's, and bees kept for other purposes shall be housed no less than 200 feet from the nearest dwelling, excluding the owner's. All hives shall be located at least 25 feet from any property line.

Kennels, small animal grooming shops, animal hospitals or any place wherein animals may be boarded for a fee are permitted as provided in the Schedule of District Regulations[2] on parcels of at least five acres in size, unless such use is contained in a fully enclosed, soundproof building, wherein area, yard and building requirements of the zone district in which it is located shall apply. Wherever permitted, the following requirements shall apply:

Poultry, fowl or turkey farms may be established wherever agricultural use/purpose activities are permitted in accordance with the Schedule of District Regulations,[3] provided that they meet the following conditions:

The excavation, stockpiling and moving of soils as may be permitted activities on commercial farms pursuant to the Right to Farm Act provided for in N.J.S.A. 4:1C-1 and regulations promulgated thereunder;

The extraction, use, movement and removal of soils and earth materials as may be necessary pursuant to approved and validly existing construction permit and/or valid site plan approval subject to the requirements of the Cumberland Soil Conservation District.

Excavations and grading for yards, sidewalks, drainage ditches, sewage disposal systems or other minor yard improvements.

All existing approved sanitary landfill operations which are in conformance with all applicable federal, state and local statutes, regulations and ordinances.

New streets, roadways or driveways where regulated by other ordinances.

Excavations made by Upper Deerfield Township, the County of Cumberland or the State of New Jersey or by their agents, servants and/or employees as part of construction of public improvements, such as streets, highways, drainage, sewers, water lines or other similar projects.

Underground utility lines within the bounds of the public streets and roadways.

Resource extraction activities for validly existing prior nonconforming uses as more particularly defined in Subsection C that are in compliance with the requirements set forth in Subsection D below.

For resource extraction operations to qualify for continuation pursuant to the provisions of Subsection D below, it:

The continuation of valid pre-existing resource extraction operations, as defined herein, shall be subject to the following requirements.

Application requirements for Planning Board periodic review.

Zoning standards applicable to continued use.

Design and performance standards applicable to continued resource extraction operations.

Inspections.

Temporary use of one mobile home structure for an office, tool, equipment or materials storage or as quarters for a watchman, as an accessory use to a permitted construction project on the same lot therewith for a period to be set forth on the permit therefor and as determined by the approving authority, shall be permitted. The period of such use shall not exceed 60 days from the date of issuance of a certificate of occupancy for the structure or use under construction. In no case shall the permit for said temporary use exceed 18 months.

Temporary residential use of one mobile home or recreational vehicle by the owner(s) of a permitted residential structure under construction on property of at least one acre in size and as an accessory use to said permitted residential construction, provided that:

Temporary use of one mobile home on a lot where an existing residential structure has been destroyed by fire, natural disaster, explosion or similar catastrophe, and only when occupied by the owner of the said destroyed residential structure, while a new residential structure is being constructed. Said use shall be for six months and shall only begin with the start of said construction. Said permitted temporary use may be extended not more than an additional six months (total period of time: one year) by the Planning Board wherein it can be reasonably demonstrated that actual construction has been delayed. Said temporary use of a trailer shall cease and the mobile home shall cease to be occupied and shall be removed from the property involved within one month of the date of issuance of a certificate of occupancy for the new residential structure.

A zoning permit shall be required for any such temporary use of a mobile home or recreational vehicle as provided for hereinabove. No mobile home or trailer utilized in accordance with the provisions of this subsection shall be placed upon a permanent foundation or shall be in any other way placed, installed or attached to another structure which would make the said mobile home's or trailer's removal from the site impossible or otherwise unnecessarily difficult.

Permanent storage of one unoccupied mobile home on a lot, only when entirely enclosed within a permitted principal or accessory structure, shall be permitted.

Travel trailers, including mobile homes used for recreational purposes, may be stored on the property of their owner and shall be considered as an accessory use and be subject to the standards set forth in the Schedule of District Regulations[1] for accessory uses in the district in which said travel trailer or recreational mobile home is to be stored. No travel trailer or recreational mobile home shall be occupied or used as a dwelling place or for the conduct of any business, except if a zoning permit has been issued as provided for in Subsection A hereinabove.

Temporary use of one highway trailer at a construction site for the storage of construction or building materials or the contents of a structure being reconstructed or renovated or as a workshop containing tools and machinery used in connection with construction shall be permitted upon issuance of a permit from the Zoning Officer.

Such use of a trailer shall only be permitted on sites where a building permit has been issued and shall be valid as long as said building permit remains valid. The use of the trailer shall cease and the trailer removed from the site:

In cases where construction involves multiple properties or structures in the same ownership, location of a storage trailer on a property other than the one whereon construction is taking place may be permitted.

Any trailer used for temporary storage as provided in this section shall be located on the property:

A trailer used for such temporary storage shall at all times be kept clean and free of debris or waste material and kept secure from entry by all unauthorized persons.

Every building containing sleeping units on or above a second story shall be equipped with one or more elevators.

Sufficient laundry, drying, garbage pickup and other utility areas shall be provided and shall be so located with consideration to both convenience and to minimizing the detrimental effect on the aesthetic character of the development and its surroundings and shall be enclosed and shielded from view by fencing or walls with shrubbery of at least six feet in height around the perimeter thereof. Fencing and walls shall not be more than 15% open on the vertical surface.

A buffer strip of 10 feet in depth, free of any improvements other than access driveway entrances or exits, plantings and landscaping and permitted signs, shall be maintained along all property lines except those property lines coexistent with the street right-of-way lines. Said buffer area width shall be increased to 20 feet along any property line adjacent to a residential zoning district or property used for residential purposes.

All motel or hotel developments shall be served by an approved sanitary sewer and water supply system as required by this chapter and other ordinances and regulations of the Township of Upper Deerfield. In terms of water supply, sufficient supply shall be provided for fire suppression as deemed necessary by the local fire officials.

All motel and hotel developments shall be suitably landscaped with a liberal and functional landscaping plan or scheme. Interior roads, parking areas and pedestrian walks shall be provided with shade trees which are of an appropriate size and character to afford shade as intended within a reasonable period of time from their planting. Open space adjacent to buildings and walls between buildings and border strips along the side of pedestrian walks shall be graded and seeded to provide a thick stand of grass or other plant material. Approaches to dwelling structures and entrance areas shall also be suitably landscaped. All other areas not used for buildings, terraces, drives and parking areas shall be seeded or landscaped and shall be kept in an attractive condition.

Interior development roads, parking areas, entranceways and pedestrian walks shall be provided with sufficient illumination to minimize hazards to pedestrians and motor vehicles utilizing the same and shall, where necessary, be shielded to avoid disturbing glares to occupants of buildings or adjoining properties. Lighting shall be so arranged as to reflect away from any adjoining properties.

All swimming pools shall be constructed in accordance with § 405-32 of this chapter.

No building containing sleeping units shall be closer than 10 feet from any proposed interior driveway nor closer than 10 feet from any proposed parking area.

Driveways shall not be less than 20 feet nor more than 36 feet in width as measured at the property line. Driveways must be at least 10 feet from any side lot line.

The entire area of the site traveled or used for parking by motor vehicles shall be hard surfaced with cement or macadam.

When such a facility is located adjacent to an arterial roadway, as classified in the Township Master Plan, or a nonresidential or agricultural zoning district, a buffer area at least 20 feet wide shall be established adjacent to such arterial roadway and/or nonresidential zoning district boundary. Such buffer area shall include a berm and landscaping sufficient to provide a visual and noise buffer between the facility and its accessory uses and the arterial roadway and/or the adjoining nonresidential or agricultural zoning district.

Play areas shall be entirely fenced with four-foot-high fencing with self-latching gates.

No such use shall be operated or occupied during the hours of 7:00 p.m. to 6:00 a.m.

Use of such facilities, their buildings or grounds for other than a nursery or preschool facility shall be prohibited unless and until a variance is granted by the Planning Board and a site plan has been reviewed and approved for such activity or use(s).

All play areas shall be located outside of all minimum yard areas and subject to the provisions of § 405-14C of this chapter.

Neighborhood centers or convenience centers encompassing not less than three nor more than 10 acres and designed to provide for sale of convenience goods (food, drugs and sundries) and personal services (cleaning, photo development and medical or dental offices).

Community centers involving 10 acres or more and/or 100,000 to 300,000 square feet of gross floor area, including a variety, discount or junior department store.

Regional shopping center encompassing between 30 and 50 acres or more and one or more full-line department stores of 100,000 square feet of gross leasable area (GLA).

Any planned commercial center shall be designed as a unified whole with harmony of design and architecture.

No more than 30% of the lot area shall be occupied by principal uses nor more than 5% by permitted accessory uses, except for parking and loading areas; and if the center consists of more than one building, they shall be separated by not less than 15 feet.

All planned commercial centers shall abut and have their principal access onto collector or arterial roads.

Not more than 30% of the lot area shall be occupied by principal uses or structures nor more than 5% by accessory uses or structures, excluding parking and loading areas. The minimum setback for any planned commercial center from any roadway shall be 30 feet. If the center consists of more than one structure, they shall be separated by not less than 15 feet.

A minimum of 2.5 square feet of automobile parking space shall be provided for each square foot of gross floor area devoted to sales and/or patron use. In addition, adequate areas shall be provided for the loading and unloading of delivery trucks and other vehicles as specified elsewhere in this chapter, for the provision of vehicle entry and access drives and for the provision of required landscaped areas and pedestrian walkways. All of the above-described areas, except landscaped areas and conventionally paved entrance drives and pedestrian walkways, shall be surfaced with an approved type of porous paving and graded and drained to adequately dispose of any additional surface water that might accumulate on the site.

Landscaped and planted areas providing adequate screening shall occupy a space at least 20 feet in width between parking areas and adjoining road right-of-way lines or property lines abutting a residential district or residentially used property, and a space 10 feet in width separating each double-tiered parking bay. Parking and buffered areas shall be designed and landscaped as provided in § 405-62.

All planned commercial centers shall provide the following:

The maximum heights permitted, excluding signs, shall be:

In neighborhood centers, residential units may be permitted when approved by the Planning Board, provided that they meet the following standards:

No neighborhood commercial center shall be permitted adjacent to an existing neighborhood center. In connection with all planned commercial centers, the Planning Board may require a marketing analysis in order to determine whether the proposed center will meet an existing need. It shall be the responsibility of the applicant to demonstrate the need for the proposed commercial center and reasonably justify its establishment.

Permitted uses.

Such complexes shall be planned and developed as a whole on minimum lots or tracts of 10 acres. All uses shall be located on a lot or tract of land being not less than one acre in a GI General Industry Zoning District and not less than 1/2 acre in a B-2 Business Zoning District. Such lots or tracts, regardless of ownership, shall front upon an improved street or private road conforming to the standards contained in this chapter and the adopted Township Master Plan.

Each use or structure shall be located on a separate lot or tract and shall be subject to site plan review as set forth in § 405-69 herein. Minimum setback requirements shall be set by the Planning Board upon approval of the proposed complex, and the Planning Board shall be guided by the standards set forth in the Schedule of District Regulations[1] for the zoning district in which said complex is to be located. It is the intent of this use and section to provide flexibility for design in order to accommodate small, relatively new businesses in a planned environment.

All such complexes and each use therein shall be served by public sanitary sewer and water.

There shall be no display of products visible from any street or private access road. Such complex shall be permitted one freestanding sign located at the main entrance from any public roadway. Said sign shall not exceed eight feet in height nor an area of greater than 200 square feet and may be illuminated. In addition, each use within the complex may have one attached sign located on its main structure, provided that said sign does not exceed 5% of the front facade of said structure. Direction signs not exceeding four square feet shall be permitted. All such signs shall maintain a uniformity of design within the complex and shall in all other respects be subject to the provisions of § 405-31 of this chapter.

In the event that individual lots and/or structures are sold to separate persons from the owners of the complex, deed restrictions or covenants shall be required to maintain the planned nature of the complex and the provisions of this section.

Adequate parking and loading facilities shall be provided for each use within any such complex as provided in §§ 405-27 and 405-28 of this chapter.

Adequate screening shall be provided between uses and adjoining properties not a part of the complex.

Except in the case of a public mini storage facility, no use within such a complex shall be permitted to have as an accessory use a residential unit for use, regardless of the relationship of the proposed resident of said unit to the use involved.

An applicant for approval of such a complex need not obtain subdivision approval prior to the creation of new lots, regardless of how this is accomplished, in order to gain conditional use and site plan approval of a proposed complex. The complex shall be considered as a whole until such time as subdivision approval is applied for and granted. The approval of such a complex shall not in any way indicate subdivision approval or authorize the transfer of the ownership of land prior to said subdivision approval, which approval shall be subject to all requirements of this chapter.

Turkeys are to be raised only inside entirely enclosed buildings.

Minimum parcel size shall be 10 acres when birds are to be outside.

Surface runoff from range areas shall be retained on site.

No block or grouping of townhouses and multifamily dwellings shall be closer than 35 feet to any other block or grouping, except for fee simple lots where other standards may apply (see Schedule of District Regulations or operative redevelopment plan as applicable).

Building separation distances.

No dwelling shall front upon an arterial or major collector street, as classified in the Township Master Plan.

No building shall be closer than 30 feet to a tract boundary, excepting a guardhouse at the main entrance and no other structure shall be closer than 20 feet to a right-of-way.

No parking space shall be closer than 12 feet to the building. This provision shall not be construed as to affect private parking in a residential dwelling driveway.

A development under this section shall maintain a continuity, compatibility and harmony of design and construction throughout. For townhouse development, no less than four dwelling units nor more than eight shall be included in one continuous attached block or grouping of units, exclusive of covered walkways between groupings. Multifamily dwellings shall be limited to eight dwellings on any one floor. Variations in townhouse facades within groupings or blocks of townhouses shall be required unless horizontal or vertical shifts or offsets are provided. In any development under this section, street furniture, signs, lighting facilities and other common elements of the site shall be of similar and compatible design.

Direction signs shall be permitted upon review and approval of the Zoning Officer, when said signs do not exceed six square feet in area and will not create a visual obstruction for motorists.

Natural topography and existing trees shall be maintained whenever possible and incorporated into the project design.

A minimum of 20% of the total area of a townhouse, multifamily or senior housing project, but not including any open land consisting of dooryards, buffer strips, parking areas and street rights-of-way, shall be designated for common recreational purposes. A multifamily project containing 10 or less units wherein land adjoining the units is owned in common ownership, either by the project owner or a homeowners' association in accordance with § 405-62A(14), shall be exempt from providing 20% of the project in common open space or recreational area.

Not more than 50% of the recreational area shall include one or more of the following: a floodplain, areas with a slope of greater than 10%, watercourses, freshwater wetlands or other areas unsuitable for recreational purposes due to environmental considerations.

When required, however, no one recreational area shall be less than 10,000 square feet in area nor less than 100 feet in width at its narrowest dimension. All such areas shall be:

Perimeter buffer requirements. For any townhouse, multifamily and senior housing development, landscape buffers shall be required along the perimeter property lines and where residential building types change. In the development of the site, existing vegetation shall be retained which is of high quality and appropriate density. Where existing vegetation is unsuitable, it shall be augmented or replaced by new plantings in accordance with a landscape plan submitted to and approved by the board with jurisdiction over the application. The perimeter buffer shall be a minimum width of 20 feet and suitable for its function of site enhancement, screening, or control of climatic effects. The perimeter buffer may be planted within any required perimeter setback but shall not be included in any fee simple lot. The buffer shall be planted in accordance with the landscaping buffer standards of § 405-62(A)(4). Utility installations, stormwater management facilities, refuse collection facilities and parking areas shall not be located in the required buffer area and shall be suitably screened to avoid a visual or other nuisance.

Where on-site sewage disposal facilities are found safe and approved by the appropriate health agencies, common use of such facilities shall be permitted.

Street widths, parking, parking courts and similar facilities for vehicles shall meet the Residential Site Improvement Standards at N.J.A.C. 5:21-1 et seq.

The minimum setback from an adjoining right-of-way-line based on the functional classification shall be as follows:

The minimum setback from all other property lines shall be 100 feet.

Wind turbines shall be set back from all property lines a minimum distance equal to the maximum height of the wind turbine as measured to the tip of the blade at its highest position plus 50 feet.

Solar panels: 15 feet.

Wind turbines: 120 feet to the tip of the blade at its highest position.

A renewable energy facility that is out of service for a continuous twelve-month period will be deemed to have been abandoned.

The Zoning Officer may issue a notice of abandonment to the owner. The notice shall be sent via regular and certified mail, return receipt requested, to the owner of record.

Abandoned renewable energy facilities shall be removed at the owner's sole expense within six months after the owner receives a notice of abandonment from the municipality. If the system is not removed within six months of receipt of notice from the Township notifying the owner of such abandonment, the Township may remove the system as set forth below.

When an owner of a renewable energy facility has been notified to remove same and has not done so six months after receiving said notice, then the Township may remove such system and place a lien upon the property for the cost of the removal. If removed by the owner, a demolition permit shall be obtained and the facility shall be removed. Upon removal, the site shall be cleaned, restored and landscaped as required by the Township to blend with the existing surrounding area at the time of abandonment.

The parcel shall contain a minimum of 20 contiguous acres with 500 feet of frontage.

The parcel shall have frontage and provide vehicular access to/from either an arterial road or a collector road.

Front building setback from a collector road: 100 feet.

Front building setback from an arterial road: 150 feet.

Side building setback: 50 feet each.

Rear building setback: 50 feet.

Maximum building height: 2.5 stories; 35 feet.

Maximum impervious coverage: 75%.