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Upper Freehold Township
City Zoning Code

SECTION 35

400 Zoning District Regulations

§ 35-401 GENERAL ZONING DISTRICT REGULATIONS.

[Ord. No. 34-97 § 81-401]
The following zoning provisions shall apply within all zoning districts throughout Upper Freehold Township:
A. 
When a lot is to be subdivided from a lot which already is occupied by an existing building, any subdivision of the lot shall not lessen any of the required minimum yard setbacks and/or other minimum requirements of this chapter pertaining to the existing building.
B. 
No open space provided around any principal building for the purpose of complying with the front, side or rear yard requirements of this chapter shall be considered as providing the yard requirements for any other principal building. Moreover, no yard or other open space on a lot shall be considered as providing a yard or other open space on another lot or for any other building.
C. 
Regarding accessory buildings and structures:
1. 
Any accessory building having a common wall, roof, porch, deck, breezeway or foundation with a principal building shall be considered a part of the principal building and shall comply with the front, side and rear yard requirements of this chapter for the principal building.
2. 
Any accessory building or structure which is connected to the principal building by means of a heated porch, breezeway, deck or other heated structure shall be considered a part of the principal building and shall comply with the front, side and rear yard requirements of this chapter for the principal building.
3. 
Any accessory building or structure which is connected to the principal building by an unheated porch, deck, breezeway or other such unheated structure shall be considered detached for the purposes of this chapter.
4. 
All accessory decks within one foot of a principal building shall comply with the front, side and rear yard requirements of this chapter for the principal building.
D. 
The construction of a permitted accessory building or structure, other than the construction of permitted construction trailers, storage sheds or farm accessory buildings, shall not proceed faster than the construction of the principal building on the same lot.
E. 
All accessory buildings and structures on a corner lot shall be set back from all street lines as required by this chapter for the principal building on the lot.
F. 
An accessory building or structure shall not be erected in the required front yards, unless otherwise specifically permitted by this chapter.
G. 
Pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16),[1] all cannabis establishments, cannabis distributors or cannabis delivery services are hereby prohibited from operating anywhere in the Township of Upper Freehold except for the delivery of cannabis items and related supplies by a delivery service.
[Added 3-1-2018 by Ord. No. 289-18; amended 5-20-2021 by Ord. No. 315-21]
[1]
Editor's Note: See N.J.S.A. 24:6I-33.

§ 35-402 EXCEPTIONS TO THE ZONING DISTRICT REGULATIONS.

[Ord. No. 34-97 § 81-402]
The following zoning provisions shall apply, even if apparently contrary to other zoning provision of this chapter:
A. 
Accessory Structure Minimums.
1. 
The minimum requirements specified in this chapter for accessory structures shall not apply to air conditioners, underground sprinkler systems or similar appurtenances.
2. 
There shall be no minimum separation requirement between a swimming pool and a single-family detached dwelling unit.
B. 
Christmas Tree Sales. The annual sale of Christmas trees is permitted in the "CC" Community Commercial, the "HD" Highway Development and the "GI" General Industrial zoning districts between November 1 and December 25, inclusive, provided that all cut trees and other perishables shall be removed and the premises cleared no later than January 16, and provided further that these time restrictions shall not apply to "Farms" which shall be permitted to sell Christmas trees throughout the year.
C. 
Height Limits.
1. 
Chimneys on a residential dwelling unit are not bound by the height restrictions of this chapter.
2. 
Silos, barns and similar structures on farms are not bound by the height restrictions of this chapter.
3. 
Non-commercial radio and television antennas are not bound by the height restrictions of this chapter, provided that the height is not increased by more than 15% more than the maximum height otherwise permitted by this chapter, and provided further that no antenna shall exceed 50 feet in height in any case.
4. 
On any non-residential principal building, the following appurtenances may be erected above the maximum height specified in this chapter for the subject principal building, provided that the height is not increased by more than 15% more than the maximum height otherwise permitted by this chapter, and provided further that no said appurtenance shall exceed 50 feet in any case:
a. 
Penthouses or other roof structures for the housing of stairways, tanks, bulkheads, ventilating fans, air conditioning equipment and similar equipment required to operate and maintain the building;
b. 
Skylights, spires, cupolas, flagpoles, chimneys and similar structures associated with the building; and
c. 
The parapets used to screen the roof-mounted structures and equipment.
D. 
Poultry And Livestock Shelters.
No animal, poultry or livestock shelter, whether permanent or temporary, shall be located closer than 75 feet to any property line or to any dwelling unit on the same lot.
E. 
Public Election Voting Places.
The temporary use of any property as a voting place in connection with a municipal or other public election is permitted throughout the Township of Upper Freehold.
F. 
Public Utility Lines.
Public utility lines for the transportation, distribution or control of water, electricity, gas, oil, steam, cable television and telephone or telegraph communications are permitted throughout the Township of Upper Freehold and need not necessarily be located on a lot.
G. 
Public Utility Transformer And Junction Boxes.
Public utility transformer and junction boxes are permitted throughout the Township of Upper Freehold and need not necessarily be located on a lot, provided they are adequately screened with landscaping, fencing or a combination of the two and do not exceed three feet in height.
H. 
Yard Setbacks For Accessory Buildings And Structures.
If the height of an accessory building or structure exceeds the minimum side and/or rear yard setback specified in this chapter for the accessory building or structure, the side and/or rear yard setback(s) shall be increased to at least equal the height of the accessory building or structure.

§ 35-403 "GRANDFATHERED" VACANT LOTS AND DETACHED DWELLING UNITS.

[Ord. No. 34-97 § 81-403; Ord. No. 117-03 § 5; Ord. No. 261-14 § 2]
A. 
Vacant Lots.
1. 
Any vacant lot in the "AR" District between one acre and two acres in area, which vacant lot was existing as of October 16, 1997, and/or any other vacant lot in the "AR" District created by an approved and filed residential subdivision (which approval has not expired pursuant to the Municipal Land Use Law and whether or not the lot existed as a conforming residential lot as of October 16, 1997), shall be permitted to be developed with a single-family dwelling and its permitted accessory uses in accordance with the following area and yard requirements in existence as of October 16, 1997, provided that the lot also shall be subject to all other requirements of this chapter for the "AR" District and provided further that all necessary permits and approvals for construction on the lot are secured in the usual manner:
Principal Building Minimum
Lot Width
200 feet
Lot Depth
200 feet
Side Yard (each)
30 feet
Front Yard
50 feet
Rear Yard
50 feet
Accessory Building Minimum
Distance to Side Line
15 feet
Distance to Rear Line
15 feet
Distance to Other Building
15 feet
Maximum
Building Coverage
10%
Lot Coverage
18%
2. 
Any vacant lot in the "AR" District between two acres and three acres in area, which vacant lot was existing as of September 30, 2003, shall be permitted to be developed with a single-family dwelling and its permitted accessory uses in accordance with the following area and yard requirements in existence as of September 30, 2003, provided that the lot shall also be subject to all other requirements of this chapter for the "AR" District and provided further that all necessary permits and approvals for construction on the lot are secured in the usual manner:
Principal Building Minimum
Lot Width
200 feet
Lot Depth
300 feet
Side Yard (each)
40 feet
Front Yard
75 feet
Rear Yard
75 feet
Accessory Building Minimum
Distance to Side Line
30 feet
Distance to Rear Line
20 feet
Distance to Other Building
20 feet
Maximum
Building Coverage
10%
Lot Coverage
15%
B. 
Detached Dwelling Units.
1. 
Any detached single-family dwelling existing prior to October 16, 1997 on lots in the "AR" District between one acre and two acres in area or any detached single-family dwelling existing on lots in the "CC" "HD", "ROM", "GI" and/or the "PEC" District at least one acre in area shall be governed by the area and yard requirements specified in Subsection 35-403A1 hereinabove for the purposes of constructing additions to the detached dwelling unit and/or the construction of accessory buildings or structures and, additionally, all the "Accessory Uses" listed in Subsection 35-405B of this chapter for the "AR" District shall be permitted.
2. 
Any detached single-family dwelling existing prior to September 30, 2003 on lots in the "AR" District between two acres and three acres in area shall be governed by the area and yard requirements specified in Subsection 403 A.2 hereinabove for the purposes of constructing additions to the detached dwelling unit and/or the construction of accessory buildings or structures and, additionally, all the "Accessory Uses" listed in Subsection 35-405B of this chapter for the "AR" District shall be permitted.

§ 35-404 NONCONFORMING LOTS, STRUCTURES AND USES.

[Ord. No. 34-97 § 81-404]
A. 
Lots.
1. 
For the purposes of the zoning provisions of this chapter, and except as provided within Subsection 35-403A of this chapter, whenever title to two or more contiguous lots is held by the same owner, regardless of whether or not each of the lots have been approved as part of a subdivision or acquired by separate conveyance or by other operation of law, and one or more of the individual lots should, by reason of exceptional shallowness, topographic conditions, substandard area or yard space or similar measurements, not conform with the minimum lot area and dimensional requirements for the zoning district in which it is located, the contiguous lots shall be considered to be a single lot.
2. 
Whenever the owner of an existing lot has dedicated or conveyed land to the Township of Upper Freehold in order to meet the minimum street width requirements of this chapter, the Construction Official shall issue construction permits and Certificates of Occupancy for the lot whose depth and/or area is rendered substandard only because of such dedication, and where the owner has no other adjacent lands to provide the minimum requirements.
3. 
Except as provided in Subsection 35-404A1 of this chapter hereinabove, any existing building or structure located on an existing lot which does not meet the applicable minimum lot size requirement of this chapter, or any existing structure which violates any yard requirement of this chapter, shall be permitted to construct additions to the principal building and/or construct accessory buildings without an appeal for variance relief, provided:
a. 
The existing use(s) on the lot are conforming to the permitted use(s) stipulated in this chapter for the lot in question;
b. 
The total permitted building and lot coverages and floor/area ratio stipulated in this chapter for the permitted use(s) are not exceeded;
c. 
The accessory building and/or addition to the principal building does not further violate the deficient yard setback(s) currently existing on the subject property; and
d. 
No additional yard setback requirement of this chapter is violated and all other applicable requirements of this chapter are met.
B. 
Structures And Uses.
1. 
Any existing nonconforming use or structure may be continued upon the lot or in the structure so occupied, and any such structure may be repaired in the event of partial destruction thereof.
2. 
Repairs and maintenance work required to keep a structure in sound condition may be made to a nonconforming structure or to a structure, whether conforming or nonconforming, containing a nonconforming use; however, no repairs or maintenance work shall increase the nonconformity in any manner.
3. 
No structure containing a nonconforming use shall be enlarged, extended or structurally altered in any manner without an appeal for variance relief. An addition of a second story, or part thereof, or the addition or subtraction of lands associated with a structure containing a nonconforming use shall require variance approval pursuant to N.J.S.A. 40:55D-70d.
4. 
A nonconforming use shall be considered abandoned if such nonconforming use is terminated by the owner. If the owner fails to use the structure for a period of 12 consecutive months or if the owner fails to use the land for a period of 12 months, it shall be presumed to be abandoned; thereafter, such building, structure and/or land shall not be used in a nonconforming manner.

§ 35-405 "AR" AGRICULTURAL RESIDENTIAL.3 "RA-5" RURAL AGRICULTURAL.

[Ord. No. 53-1999; Ord. No. 117-03 § 2; Ord. No. 202-08 § 1; Ord. No. 203-08 §§ 1, 2; Ord. No. 34-97 § 81-405; Ord. No. 117-03 § 4; Ord. No. 120-03 § 1; Ord. No. 202-08 § 1; Ord. No. 203-08 §§ 2, 3]
A. 
Principal Permitted Uses On The Land And In Buildings
1. 
Detached Single-Family Dwelling Units.
2. 
Farms, provided that the farm use itself shall have a minimum lot size of five acres and provided further that a farm may have a single-family detached dwelling situated thereon only if the farm is at least six acres in size. Moreover, any single-family dwelling situated on a farm shall be subject to the requirements specified for detached dwellings within the "AR" Agricultural Residential zoning district, except that the minimum lot size requirements specified for the "AR" zoning district shall not apply to detached dwellings situated on farms.
3. 
Conservation Areas, Open Space, Public Parks, Public Playgrounds and "Public Purpose Uses".
4. 
Community Residences For Persons With Head Injuries And For The Developmentally Disabled and/or Community Shelters For Victims of Domestic Violence, as required by N.J.S.A. 40:55D-66.1, subject to the standards and requirements for single-family dwelling units located within the same district.
5. 
Golf Courses in the "AR" District only.
6. 
Churches and similar Places of Worship in the "AR" District only.
7. 
Fire and First Aid Company Uses in the "AR" District only, provided that the lot has frontage only on a County road or other "collector" road.
8. 
Single-Family Residential Clusters, where indicated on the Zoning Map, in accordance with the provisions specified in § 35-603 of this chapter.
9. 
Commerce Park Planned Development, where indicated on the Zoning Map, in accordance with the provisions specified in § 35-603 of this chapter.
10. 
Quasi-Public Uses in the "AR" District only as "Conditional Uses" under N.J.S.A. 40:55D-67 (see § 35-601 for definitions and standards).
11. 
Public Utility Uses in the "AR" District only as "Conditional Uses" under N.J.S.A. 40:55D-67 (see § 35-601 for definitions and standards).
12. 
Agricultural Preservation Subdivisions are permitted within the "AR" District only in accordance with the "Requirements For Agricultural Preservation Subdivisions" included within § 35-608 of this chapter.
13. 
"Farmland/Open Space Conservation Clusters; in the "AR" zoning district in accordance with the provisions specified in § 35-611 of this chapter.
14. 
Noncontiguous Clustering in the "AR" zoning district in accordance with the provisions specified in § 35-613 of this chapter.
15. 
Equine Community in the "AR" zoning district as "Conditional Uses" under N.J.S.A. 40:55D-67 (see § 81-601 for definitions and standards).
B. 
Accessory Uses Permitted.
1. 
Private Residential Swimming Pools, Bathhouses, Cabanas and/or other structures customarily incidental to a private swimming pool on a property with a single-family dwelling, provided that the pool is located in the rear yard and/or side yard only and occupies no more than 75% of the rear yard area or the side yard area.
2. 
Private Tennis Courts and other usual Recreational Facilities and Landscaping Features, such as trellises and gazebos, customarily associated with residential dwelling units.
3. 
One Residential Tool Shed for the storage of objects owned by the residents of the single-family dwelling situated on the property, not exceeding 400 square feet in area and 15 feet in height.
4. 
Structures incidental to a farm such as barns and packing, grading and storage buildings for produce raised on the premises; fences; buildings for the keeping of permitted poultry and livestock; and garages for the keeping and maintaining of trucks and other equipment used in farm operations are permitted when accessory to a permitted farm use, provided that any building which is accessory to a farm shall be set back from any property line at least twice the distance of the height of the accessory building or 100 feet, whichever is less.
5. 
Accessory dwellings for domestic and/or household employees and/or farm workers, provided that each such dwelling unit shall comply in every respect to the statutes of the State of New Jersey and the rules and regulations of the New Jersey State Board of Health concerning farm labor housing, and provided further that no such dwelling is closer than 400 feet to the nearest street line or to any dwelling on an adjoining property.
6. 
Roadside farm stands ancillary to farms for the sale of farm products harvested on the farmed premises, provided there shall be only one stand per farm which shall be set back a minimum of 50 feet from any street line and property line.
7. 
Off-Street Parking and Garages (see Subsection 35-405E hereinbelow for zoning requirements and § 35-511 for design requirements).
8. 
Fences and Walls (see § 35-505 for design requirements).
9. 
Home Offices (see § 35-203 for definition and standards).
10. 
Residential Agriculture (see § 35-203 for definition).
11. 
Home Occupations, including "Family Day Care Homes" and "Child Care Residences" (see § 35-203 for definition and § 35-602 for requirements).
12. 
Signs (see Subsection 35-405F hereinbelow for zoning requirements and § 35-516 for design requirements).
13. 
Satellite Dish Antennas as "Conditional Uses" under N.J.S.A. 40:55D-67 (see § 35-601 for conditions and standards).
14. 
Temporary Construction Trailers and one Sign not exceeding 32 square feet, advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction beginning with the issuance of a construction permit and concluding one month after the issuance of a Certificate of Occupancy, provided said trailer(s) and sign are on the site where the construction is taking place, are not on any existing or proposed street or easement, and are set back at least 30 feet from all street and lot lines. There shall be at least one working telephone in the trailer.
C. 
Maximum Building Height.
1. 
Except for fire stations, first aid buildings and churches, no principal building shall exceed 35 feet in height and 2.5 stories;
2. 
No accessory building shall exceed 25 feet in height and two stories, unless a lesser height is specifically specified by the chapter;
3. 
Fire stations and first aid buildings shall not exceed 40 feet in height;
4. 
Churches shall not exceed 50 feet in height and 2.5 stories; and
5. 
The exceptions to "Height Limits" specified in Subsection 35-402C of this chapter shall apply as applicable.
D. 
Area And Yard Requirements For The "AR" And "RA-5" Districts
"AR" District Detached Dwellings [1.2]
"RA-5" District Detached Dwellings [1]
Fire & First Aid Buildings
Churches
Golf Courses
Principal Building Minimum
Lot Area
6 acre [3,4]
10 acre [4]
2 acre
5 acre
100 acre
Lot Frontage
200 feet [5]
250 feet [5]
200 feet
300 feet
NA
Lot Width
200 feet
250 feet
200 feet
300 feet
NA
Lot Depth
300 feet
200 feet
300 feet
500 feet
NA
Side Yard (each)
40 feet
30 feet
50 feet[6]
100 feet
100 feet
Front Yard
75 feet[5]
50 feet[5]
100 feet
100 feet
100 feet
Rear Yard
75 feet
50 feet
100 feet
100 feet
100 feet
Accessory Buildings
[1, 2]
Minimum
Distance To Side Line
30 feet
15 feet
30 feet
50 feet
50 feet
Distance To Rear Line
30 feet
15 feet
30 feet
50 feet
100 feet
Distance To Other Building
20 feet
15 feet
20 feet
30 feet
50 feet
Maximum
Building Coverage
5%
4.5%
20%
10%
2%
Lot Coverage
7.5%
7%
30%
25%
10%
FOOTNOTES TO SECTION 35-405D
[1]
For lots in the "AR" District between 1 acre and 5.99 acres in area existing as of September 4, 2008 which do not conform to the minimum lot area required for the "AR" District, the applicable "grandfathering" provisions of § 35-403 shall apply
[2]
Where a major subdivision is proposed on tracts of land in the "AR" District, a "lot averaging" option may be utilized in accordance with the following provisions, with only residential lots included in the calculation of the lot average:
[a]
The residential lot sizes shall be as follows:
Minimum
2 acre
Maximum*
10 acre
Average
6 acre
* Lots larger than 10 acres are permitted, but are considered as 10 acres in size for the purpose of the lot averaging calculation
[b]
Except for the lot size provisions hereinabove, all other "Area and Yard Requirements" for the "AR" District shall apply, including Footnotes [3], [4], and [5] hereinbelow
[3]
For residential lots only, an area equivalent to at least one acre (43,560 square feet) shall be contiguous non- "Critical Areas" acreage (see § 35-203 of this chapter for the definition of "Critical Areas"), which shall meet the following additional criteria:
[a]
In addition to not including any freshwater wetlands, 100-year flood plains and/or topographic slopes 15% or greater, the area shall not include any wetlands transitional buffers or lands used for detention or retention basins;
[b]
The area must be appropriately situated for the location and construction of the detached single-family dwelling and its appurtenances, including customary accessory uses and both the septic system and potable water well serving the lot; and
[c]
The area shall be shaped to permit the inscription of either a circle with a diameter of at least 200 feet within its bounds or, alternatively, with a rectangle at least 150 feet in width and length and with an area of at least 3/4 of an acre or 32,670 square feet (it is noted that the circle will be approximately 31,416 square feet, which is relatively close to 3/4 acre or 32,670 square feet in area).
[4]
Where a detention or retention basin is part of a residential lot, the area devoted to such stormwater management purposes shall not be included in the calculation of the minimum lot area required for a residential lot
[5]
Notwithstanding any other provision of this chapter to the contrary, where a residential lot abuts Monmouth County Routes 524, 526, 537 or 539, the following minimum "Lot Frontage" and "Front Yard" provisions shall apply:
Lot Frontage when driveway access is to County road: 275 feet
Lot Frontage without driveway access to County road: 250 feet
Front Yard setback from County road: 125 feet
[6]
Or not less than 100 feet where a fire station or first aid building is situated on a lot which abuts an existing residential use or an approved residential lot.
E. 
Off-Street Parking
1. 
Detached single-family dwelling units shall provide 1.5 spaces per two-bedroom unit; two spaces per three-bedroom unit; 2.5 spaces per four-bedroom unit; and three spaces per five or more bedroom unit. Where the bedroom count per unit is not specified, 2.5 spaces per dwelling unit shall be provided.
2. 
Churches shall provide one space per every three permanent seats. One seat shall be considered 22 inches in calculating the capacity of pews or benches.
3. 
All uses other than detached single-family dwelling units and churches shall provide adequate on-site parking to accommodate the permitted activities and shall be subject to review and approval by the Board during site plan review.
4. 
No parking area or driveway for a single-family detached dwelling unit shall be located within 10 feet of any property line, and no parking area or driveway for any permitted use other than a single-family detached dwelling unit shall be located within 25 feet of any property line.
5. 
Parking Of Large Vehicles On Residential Properties: In addition to other smaller vehicles, including both commercial and non-commercial vehicles; which are owned and/or used by a resident on the premises and which may be parked outside on a residential property, up to two "large vehicles" may be regularly parked outdoors on any residential lot, except and in accordance with the following:
a. 
These provisions shall not be deemed to limit the number or size of vehicles used on a farm or to limit construction equipment which is used on a property for construction purposes;
b. 
These provisions shall not be deemed to limit the number or size of vehicles owned and/or used by a resident on the premises which are garaged on a residential property when not in use;
c. 
For purposes of this chapter, the term "large vehicle" shall mean any vehicle which has a gross weight more than 14,000 pounds and/or which is longer than 25 feet;
d. 
A "large vehicle" may be parked in a front, side or rear yard area, provided it is set back at least 25 feet from any street line and at least 10 feet from any other property line; and
e. 
The visibility of each "large vehicle" parked outside shall be screened from any street and from any property line by a dense row of six feet high at time of planting shall be planted with the tree trunks spaced no more than eight feet apart. The evergreen trees shall be planted so that, at maturity, their branches will be no closer than three feet to any street or property line.
6. 
Parking Of Recreational Vehicles: Travel trailers, campers, motor homes, horse trailers, boat trailers, ATV and motorcycle trailers may be parked or stored on any residential lot in accordance with the following:
a. 
The vehicle shall be parked in a rear or side yard area and is parked at least 10 feet from any property line;
b. 
The visibility of each vehicle parked outside shall be screened from any street and from any property line by a dense row of evergreen trees. Where such screening is not adequately provided by existing evergreen trees on the property, a row of evergreen trees at least six feet high at time of planting shall be planted with the tree trunks spaced no more than eight feet apart. The evergreen trees shall be planted so that, at maturity, their branches will be no closer than three feet to any street or property line.
c. 
The dimensions of such vehicles and trailers shall not be counted in determining building coverage and such vehicles and trailers shall not be used for temporary or permanent living quarters while situated on a lot; and
d. 
Such vehicles shall be annually licensed with a valid registration and shall be capable of use on a public road; no junked vehicles shall be permitted under this Subsection.
7. 
See § 35-511 for design requirements.
F. 
Signs.
1. 
Detached dwelling units are permitted "Information, Direction And Nameplate Signs" in accordance with Subsection 35-516G of this chapter.
2. 
Churches shall be permitted one free-standing sign and one attached sign in accordance with the following:
a. 
The free-standing sign shall not exceed 30 square feet in area, 10 feet in height and shall be set back at least 25 feet from all street and property lines; and
b. 
The attached sign shall be attached to the front facade of the building and shall not exceed an area equivalent to 5% of the front facade area or 25 square feet, whichever is smaller.
3. 
All other uses shall be permitted appropriate signage in accordance with the review and approval of the Board during any required site plan review.
4. 
See § 35-516 for design standards.
G. 
Mandatory Clustering within the AR District.
1. 
The purpose of this section is to express the policy of the Township of Upper Freehold that clustering of residential properties that clustering of major subdivisions in the AR District is a preferred form of development in meeting the objectives of the Township's Land Use Plan.
2. 
Permitted.
a. 
Only minor subdivisions, agricultural subdivisions and those major subdivisions that are approved by the Planning Board are eligible to file conventional subdivisions.
b. 
All major subdivisions can only file plans that adhere to the requirements of the lot averaging provisions §§ 35-405D, 35-405A15 (Equine Community), 35-611, 35-613 or 35-614.
3. 
As noted in § 35-405G2a the Planning Board may approve the filing of a major subdivision only. To do so, the applicant must submit a conventional subdivision concept plan and a concept plan of his choosing from one of the alternatives as noted in § 35-405G2b and the Planning Board must make a finding that:
a. 
The applicant can justify that his/her conventional subdivision concept plan has the ability to advance specific goals and objectives of the Land Use Plan over the alternative presented to the Board;
b. 
All lots created will be deed restricted in that they can not be further subdivided to create additional lots.

§ 35-406 "VN" VILLAGE NEIGHBORHOOD.

[Ord. No. 34-97 § 81-406; Ord. No. 202-08 § 2]
A. 
Principal Permitted Uses On The Land And In Buildings.
1. 
Detached Single-Family Dwelling Units.
2. 
Farms, provided that the farm use itself shall have a minimum lot size of five acres and provided further that a farm may have a single-family detached dwelling situated thereon only if the farm is at least six acres in size. Moreover, any single-family dwelling situated on a farm shall be subject to the requirements specified for detached dwellings within the "VN" Agricultural Residential zoning district, except that the minimum lot size requirements specified for the "VN" zoning district shall not apply to detached dwellings situated on farms.
3. 
Conservation Areas, Open Space, Public Parks, Public Playgrounds and "Public Purpose Uses".
4. 
Community Residences For Persons With Head Injuries And For The Developmentally Disabled and/or Community Shelters For Victims of Domestic Violence, as required by N.J.S.A. 40:55D-66.1, subject to the standards and requirements for single-family dwelling units located within the same district.
5. 
Professional Offices, including but not limited to, the offices of a physician, surgeon, dentist, minister, architect, accountant, engineer, attorney or other recognized profession.
6. 
Retail Shops for the retail sales of books, crafts, confections, drugs, dry goods, flowers, gifts, notions, stationery and other similar small portable goods.
7. 
Personal Service Shops limited to beauty shops, barber shops, shoe repair shops and tailor/seamstress shops.
8. 
Churches and similar Places of Worship.
9. 
Quasi-Public Uses as "Conditional Uses" under N.J.S.A. 40:55D-67 (see § 35-601 for conditions and standards).
10. 
Child Care Centers, licensed by the New Jersey Department of Human Services and as defined in § 35-203.
11. 
Residential Flats, provided the following:
a. 
Residential flats shall be located within the 1 1/2 stories above permitted professional offices, retail shops and/or personal service shops located on the first floor, except that no residential flat or portion thereof shall be situated above any use which utilizes either a condenser or compressor within its net habitable floor area.
b. 
If the second floor of a building contains a residential flat, no directly contiguous non-residential use shall be permitted on that floor.
c. 
Each residential flat shall have access provided via an outside entrance or stairway, which may connect to a common hallway providing direct access to individual residential flats.
d. 
Each residential flat shall contain either one or two bedrooms. The minimum net habitable floor area of a one-bedroom unit shall be 500 square feet, and the minimum net habitable floor area of a two-bedroom unit shall be 600 square feet.
12. 
Commerce Park Planned Developments, where indicated on the Zoning Map, in accordance with the provisions specified in § 35-603 of this chapter.
B. 
Accessory Uses Permitted.
1. 
Private Residential Swimming Pools, Bathhouses, Cabanas and/or other structures customarily incidental to a private swimming pool on a property with a single-family dwelling, provided that the pool is located in the rear yard and/or the side yard only and occupies no more than 75% of the rear yard or the side yard area.
2. 
Private Tennis Courts and other usual Recreational Facilities and Landscaping Features, such as trellises and gazebos, customarily associated with residential dwelling units.
3. 
One Residential Tool Shed for the storage of objects owned by the residents of the single-family dwelling situated on the property, not exceeding 200 square feet in area and 15 feet in height.
4. 
Structures incidental to a farm such as barns and packing, grading and storage buildings for produce raised on the premises; fences; buildings for the keeping of permitted poultry and livestock; and garages for the keeping and maintaining of trucks and other equipment used in farm operations are permitted when accessory to a permitted farm use, provided that any building which is accessory to a farm shall be set back from any property line at least twice the distance of the height of the accessory building or 100 feet, whichever is less.
5. 
Accessory dwellings for domestic and/or household employees and/or farm workers, provided that each such dwelling unit shall comply in every respect to the statutes of the State of New Jersey and the rules and regulations of the New Jersey State Board of Health concerning farm labor housing, and provided further that no such dwelling is closer than 400 feet to the nearest street line or to any dwelling on an adjoining property.
6. 
Roadside farm stands ancillary to farms for the sale of farm products harvested on the farmed premises, provided there shall be only one stand per farm which shall be set back a minimum of 50 feet from any street line and property line.
7. 
Off-Street Parking and Garages (see Subsection 35-406F hereinbelow for zoning requirements and § 35-511 for design requirements).
8. 
Fences and Walls (see § 35-505 for design requirements).
9. 
Home Offices (see § 35-203 for definition and standards).
10. 
Residential Agriculture (see § 35-203 for definition).
11. 
Home Occupations, including "Family Day Care Homes" and "Child Care Residences" (see § 35-203 for definition and § 35-602 for requirements).
12. 
Signs (see Subsection 35-406G hereinbelow for zoning requirements and § 35-516 for design requirements).
13. 
Satellite Dish Antennas as "Conditional Uses" under N.J.S.A. 40:55D-67 (see § 35-601 for conditions and standards).
14. 
Temporary Construction Trailers and one Sign not exceeding 32 square feet, advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction beginning with the issuance of a construction permit and concluding one month after the issuance of a Certificate of Occupancy, provided said trailer(s) and sign are on the site where the construction is taking place, are not on any existing or proposed street or easement, and are set back at least 30 feet from all street and lot lines. There shall be at least one working telephone in the trailer.
15. 
Child Care Centers, licensed by the New Jersey Department of Human Services, and located within permitted non-residential uses.
16. 
Non-individual (community) septic systems on lands within the "VN" District and/or on lands within an adjacent "AR" District, provided that the septic systems serve uses in the "VN" District only.
C. 
Maximum Building Height.
1. 
No principal building shall exceed 35 feet in height and two and one-half stories;
2. 
No accessory building shall exceed 25 feet in height and two stories, unless a lesser height is specifically specified by the chapter;
3. 
Churches shall not exceed 50 feet in height and 2.5 stories; and
4. 
The exceptions to "Height Limits" specified in Subsection 35-402C of this chapter shall apply as applicable.
D. 
Area And Yard Requirements For The "VN" District
Detached Dwelling Units
Offices, Shops, Child Care Centers & Churches
Principal Building Minimum
Lot Area
10,890 square feet (1/4 ac)
21,780 square feet (1/2 ac)
Lot Frontage
65 feet
120 feet
Lot Width
65 feet
120 feet
Lot Depth
100 feet
120 feet
Side Yard (each)
10 feet
20 feet
Front Yard
20 feet
20 feet
Rear Yard
25 feet
25 feet
Accessory Building Minimum
Distance To Side Line
10 feet
10 feet
Distance To Rear Line
10 feet
10 feet
Distance To Other Building
20 feet
20 feet
Maximum
Floor Area Ratio
NA
0.20
Building Coverage
25%
15%
Lot Coverage
40%
60%
E. 
General Requirements For Non-Residential Uses.
1. 
One building may contain more than one principal use, provided that each use occupies a minimum gross floor area of 500 square feet and that the combined off-street parking requirements for all uses are met.
2. 
No building shall exceed 5,000 square feet in gross floor area.
3. 
Unless otherwise specifically approved by the Board as part of a site plan application, no merchandise, product, equipment or similar material or objects shall be displayed or stored outside.
4. 
All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with grass, shrubs, ground cover, or trees and shall be maintained in good condition.
5. 
All buildings shall meet the following design requirements:
a. 
All buildings shall be compatibly designed whether constructed all at one time or in stages over a period of time;
b. 
All building walls shall be suitably finished for aesthetic purposes and shall be compatible in design and scale to the surrounding residential areas; and
c. 
All buildings shall have a gable, hip, gambrel or mansard roof (or other dual pitched, single ridge roof); no flat roofs are permitted.
6. 
There shall be at least one trash and garbage pick-up location, including provisions for recyclable materials, provided by each building. The location shall be separated from the parking spaces by either a location within the building or in a pick-up location outside the building, which shall be a steel-like, totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of all three.
F. 
Off-Street Parking.
Each individual use shall provide parking spaces according to the following minimum provisions. Where a permitted use of land includes different specific activities with different specific parking requirements, the total number of required parking spaces shall be obtained by individually computing the parking requirements for each different activity and adding the resulting numbers together.
1. 
Detached single-family dwelling units shall provide 1.5 spaces per two-bedroom unit; two spaces per three-bedroom unit; 2.5 spaces per four-bedroom unit; and three spaces per five or more bedroom unit. Where the bedroom count per unit is not specified, 2.5 spaces per dwelling unit shall be provided.
2. 
Professional offices, retail shops and personal service shops shall provide parking at the ratio of one parking space per 250 square feet of gross floor area or part thereof.
3. 
Residential Flats shall provide parking at the ratio of one parking space per dwelling unit, with the understanding that there will be some shared parking between the Residential Flats and the permitted nonresidential uses.
4. 
Churches shall provide one space per every three permanent seats. One seat shall be considered 22 inches in calculating the capacity of pews or benches.
5. 
Child care centers shall provide parking at the ratio of one parking space per employee plus one additional parking space for every eight children. Adequate spaces shall be provided for the loading and unloading of children which shall take place on-site and not in the public right-of-way.
6. 
All other uses shall provide adequate on-site parking to accommodate the permitted activities and shall be subject to the review and approval of the Board during site plan review.
7. 
See § 35-503 for the design requirements for residential driveways and § 35-511 for the design requirements for non-residential uses.
G. 
Signs.
1. 
Detached dwelling units are permitted "Information, Direction And Nameplate Signs" in accordance with Subsection 35-516G of this chapter.
2. 
Churches shall be permitted one free-standing sign and one attached sign in accordance with the following:
a. 
The free-standing sign shall not exceed 30 square feet in area, 10 feet in height and shall be set back at least 25 feet from all street and property lines; and
b. 
The attached sign shall be attached to the front facade of the building and shall not exceed an area equivalent to 5% of the front facade area or 25 square feet, whichever is smaller.
3. 
All other uses shall be permitted appropriate signage in accordance with the review and approval of the Board during any required site plan review.
4. 
Buildings containing professional offices, retail shops, personal service shops and child care centers may have one major sign per building, either free-standing or attached, plus additional signage in accordance with the following:
a. 
Any attached sign shall not exceed 5% of the front facade of the principal building or 25 square feet, whichever is smaller;
b. 
Any free-standing sign shall not exceed 25 square feet in area and 10 feet in height and shall be set back at least 15 feet from all street and property lines; and
c. 
Where a principal use occupying at least 500 square feet of segregated area has direct access from the outside, a sign not exceeding four square feet in area identifying the name of the activity also shall be permitted. Such additional sign(s) shall be attached flat against the building at the entrance to the activity.
5. 
See § 35-516 for design requirements.

§ 35-406.1 "VNH" (Hornerstown).

[Ord. No. 208-08 § 3]
All of the requirements of the VN District shall apply to the VNH District including the following permitted uses.
1. 
Professional offices, including but not limited to, the offices of a physician, surgeon, dentist, minister, realtors, architect, accountant, engineer, attorney or other recognized profession.
2. 
Personal service shops limited to beauty shops, barber shops, shoe repair shops tailor/seamstress shops, repair of appliances and electronic goods, travel agencies and hair salons.
3. 
Banks and financial institutions, including drive-through facilities.
4. 
Personal health, dance, gym and wellness facilities.

§ 35-407 HD HIGHWAY DEVELOPMENT. [1]

[Ord. No. 34-97 § 81-407; Ord. No. 142-04 § 2; Ord. No. 202-08 § 3; Ord. No. 209-08 § 3; amended 12-3-2020 by Ord. No. 311-20]
A. 
Principal permitted uses on the land and in buildings in the HD District.
1. 
Farms, provided that the farm use itself shall have a minimum lot size of five acres and provided further that a farm may have a single-family detached dwelling situated thereon only if the farm is at least six acres in size. Moreover, any single-family dwelling situated on a farm shall be subject to the requirements specified for detached dwellings within the AR Agricultural Residential Zoning District, except that the minimum lot size requirements specified for the "AR Zoning District shall not apply to detached dwellings situated on farms.
2. 
Agricultural support uses, including, but not limited to, feed and supply stores, granaries, and brokerages.
3. 
Retail sales of goods, including, but not limited to, food markets, delicatessens, bakeries, appliance stores, card shops, book stores, hardware stores, gift shops and dry good stores and other similar uses.
4. 
Retail sales of services including, but not limited to, dry cleaners, shops for the repair of portable appliances and machines, travel agencies, hair salons, nail salons, day spas and video stores, and other similar services. Retail sales of services specifically excludes commercial dry-cleaning plants or nonportable appliance or machine repair shops.
5. 
Banks, including drive-in facilities.
6. 
Offices and office buildings.
7. 
Restaurants, excluding drive-through windows.
8. 
Child-care centers, licensed by the New Jersey Department of Human Services and as defined in § 35-203.
9. 
Small animal hospitals, provided that the animals are not exercised, kept or housed outside the building and there is no outside kennel.
10. 
Residential flats, provided the following:
a. 
Residential flats shall be located above permitted retail uses, banks, offices, restaurants, child-care centers and/or small animal clinics located on the first floor, except that no residential flat or portion thereof shall be situated above any use which utilizes either a condenser or compressor within its net habitable floor area.
b. 
If the second floor of a building contains a residential flat, no directly contiguous nonresidential use shall be permitted on that floor.
c. 
Each residential flat shall have access provided via an outside entrance or stairway, which may connect to a common hallway providing direct access to individual residential flats.
d. 
Each residential flat shall contain either one or two bedrooms. The minimum net habitable floor area of a one-bedroom unit shall be 500 square feet, and the minimum net habitable floor area of a two-bedroom unit shall be 600 square feet.
11. 
Personal health, dance, gym and wellness facilities.
12. 
Shopping centers, comprised of any of the above uses.
B. 
Additional principal permitted uses on the land and in buildings in the HD District.
1. 
Funeral homes.
2. 
Automobile sales.
3. 
Small animal hospitals, including outside facilities and kennels.
4. 
Garden centers, lumber yards and equipment supply centers, including the outside storage, sale and/or display of material if screened from the street and neighboring properties by a fence, wall and/or plantings. The outside area for the storage, sale and/or display of material shall not exceed four times the coverage of all buildings on the lot.
5. 
Warehouses and assembly and distribution centers.
6. 
Research laboratories.
7. 
Personal storage facilities.
8. 
Public utility uses as conditional uses under N.J.S.A. 40:55D-67 (see § 35-601 for conditions and standards).
9. 
Service stations as conditional uses under N.J.S.A. 40:55D-67 (see § 35-601 for conditions and standards).
10. 
Car washes as conditional uses under N.J.S.A. 40:55D-67 (see § 35-601 for conditions and standards).
11. 
Cellular Antennas as conditional uses under N.J.S.A. 40:55D-67 (see § 35-601 for conditions and standards).
12. 
Campgrounds are permitted within the HD District only in accordance with the requirements for campgrounds included within § 35-607 of this chapter.
13. 
Restaurants.
14. 
Hotels and motels.
15. 
Vehicle repair and body shops.
C. 
Accessory Uses Permitted.
1. 
Off-Street Parking (see Subsection 35-407G hereinbelow for zoning requirements and § 35-511 for design requirements).
2. 
Fences and Walls (see § 35-505 for design requirements).
3. 
Off-Street Loading (see § 35-407H hereinbelow for zoning requirements and § 35-511 for design requirements).
4. 
Storage Buildings.
5. 
Signs (see Subsection 35-407I hereinbelow for zoning requirements and § 35-516 for design requirements).
6. 
Satellite Dish Antennas as "Conditional Uses" under N.J.S.A. 40:55D-67 (see § 35-601 for conditions and standards).
7. 
Drive-Through Windows for restaurants as "Conditional Uses" under N.J.S.A. 40:55D-67 (see § 35-601 for conditions and standards).
8. 
Temporary Construction Trailers and one Sign not exceeding 32 square feet, advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction beginning with the issuance of a construction permit and concluding one month after the issuance of a Certificate of Occupancy, provided said trailer(s) and sign are on the site where the construction is taking place, are not on any existing or proposed street or easement, and are set back at least 30 feet from all street and lot lines. There shall be at least one working telephone in the trailer.
9. 
Child Care Centers, licensed by the New Jersey Department of Human Services, and located within permitted non-residential uses.
10. 
Structures incidental to a farm such as barns and packing, grading and storage buildings for produce raised on the premises; fences; buildings for the keeping of permitted poultry and livestock; and garages for the keeping and maintaining of trucks and other equipment used in farm operations are permitted when accessory to a permitted farm use, provided that any building which is accessory to a farm shall be set back from any property line at least twice the distance of the height of the accessory building or 100 feet, whichever is less.
D. 
Maximum Building Height.
1. 
No principal building shall exceed 35 feet in height and 2.5 stories;
2. 
No accessory building shall exceed 25 feet in height and two stories; and
3. 
The exceptions to "Height Limits" specified in Subsection 35-402C of this chapter shall apply as applicable.
E. 
Area And Yard Requirements For The "CC" And "HD" Districts.
Individual Uses
Shopping Centers [1]
Principal Building Minimum
Lot Area
1 acre
6 acre
Lot Frontage
150 feet
400 feet
Lot Width
150 feet
400 feet
Lot Depth
150 feet
400 feet
Side Yard (each)
25 feet [2]
100 feet
Front Yard
75 feet
100 feet
Rear Yard
50 feet
100 feet
Accessory Building Minimum
Distance To Side Line
20 feet
50 feet
Distance To Rear Line
20 feet
50 feet
Distance To Other Building
20 feet
20 feet
Maximum
Floor Area Ratio
0.20
0.25
Lot Coverage
55%
55%
FOOTNOTES TO SECTION 35-407D
[1]
More than 1 principal building shall be permitted for a shopping center, in accordance with the following:
[a]
All buildings shall be separated by a minimum of 20 feet if such separation is to be used solely for pedestrian circulation;
[b]
All buildings shall be separated by a minimum of 50 feet where any part of such separation is to be used for parking or vehicular circulation; and
[c]
The separation requirements should not be construed to prohibit covered pedestrian walkways when the roof or covering of such walkway extends between the buildings
[2]
The minimum principal building setback shall be 50 feet where a property line abuts a residential district or use.
F. 
General Requirements.
1. 
One building may contain more than one principal use of the same use category, provided that each use occupies a minimum gross floor area of 500 square feet and that the combined off-street parking requirements for all uses are met.
2. 
Unless otherwise specifically approved by the Board as part of a site plan application, no merchandise, product, equipment or similar material or objects shall be displayed or stored outside. Where merchandise, products, equipment or similar material or objects are approved by the Board to be displayed or stored outside, the materials shall be suitably screened to be obscured from view from adjacent residential uses and must be situated within the property lines of the principal use.
3. 
All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with grass, shrubs, ground cover, or trees and shall be maintained in good condition.
4. 
At least the first 50 feet adjacent to any street line and 15 feet adjacent to any lot line shall not be used for parking, vehicular circulation and/or loading and shall be planted and maintained in lawn area or ground cover and landscaped with evergreen shrubbery.
5. 
The minimum side yard and/or rear yard setback area shall include a landscaped buffer strip of 15 feet in width along any common property line with a residential use and/or residential zoning district. Where topography, tree growth or other natural or man-made features exist on-site to provide adequate year-round buffer screening between the subject properties, the Board may waive the buffer screening requirement, all or in part.
6. 
All buildings shall meet the following design requirements:
a. 
All buildings shall be compatibly designed whether constructed all at one time or in stages over a period of time;
b. 
All building walls facing any street or residential use and/or residential zoning district shall be suitably finished for aesthetic purposes; and
c. 
All buildings in the "CC" District shall have a gable, hip, gambrel or mansard roof (or other dual pitched, single ridge roof); no flat roofs are permitted.
G. 
Off-Street Parking. Each individual use shall provide parking spaces according to the following minimum provisions. Where a permitted use of land includes different specific activities with different specific parking requirements, the total number of required parking spaces shall be obtained by computing individually the parking requirements for each different activity and adding the resulting numbers together.
1. 
Retail sales of goods and/or services shall provide parking at the ratio of one parking space per 200 square feet of gross floor area or part thereof.
2. 
Banks and offices shall provide parking at the ratio of one parking space per 250 square feet of gross floor area or part thereof. Additionally, drive-in windows for banks shall provide room for at least 12 automobiles per window for queuing purposes.
3. 
Restaurants shall provide one parking space for every three seats but, in any case, a sufficient number of spaces to prevent any parking along public rights-of-way or private driveways, fire lanes and aisles.
4. 
Child care centers shall provide parking at a ratio of one parking space per employee plus one additional parking space for every eight children. Adequate spaces shall be provided for the loading and unloading of children which shall take place on-site and not in the public right-of-way.
5. 
Shopping centers shall provide parking at the overall ratio of 4.5 parking spaces per 1,000 square feet of gross floor area.
6. 
All other uses shall provide off-street parking in accordance with the following:
a. 
One space per 200 square feet of gross floor area used for offices or sales; plus
b. 
One space per 500 square feet of gross floor area used for research, assembly or animal surgery; plus
c. 
One space per 1,000 square feet of gross floor area used for storage; and
d. 
Any activity that does not fit any of the above categories shall provide adequate off-street parking, as testified to by the applicant and as approved by the Board during site plan review.
7. 
Parking areas for individual uses shall be designed to be interconnected with adjacent properties, whenever possible, and shall utilize common entrance(s) and exit(s), where feasible, in order to minimize access points to the street.
8. 
See § 35-511 for the design requirements for non-residential uses.
H. 
Off-Street Loading.
1. 
Each principal building shall provide at least one off-street loading space at the side or rear of the building or within the building. Each loading space shall be at least 15 feet in width by 40 feet in length, with adequate ingress and egress from a public street and with adequate space for maneuvering. Additional spaces may be necessary and required dependent upon the specific activity. There shall be no loading or unloading from the street.
2. 
There shall be at least one trash and garbage pick-up location, including provisions for recyclable materials, provided by each building. The location shall be separated from the parking spaces by either a location within the building or in a pick-up location outside the building which shall be a steel-like, totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of all three. If located within the building, the doorway may serve both the loading and trash/garbage functions and, if located outside the building, it may be located adjacent to or within the general loading area(s), provided that the container in no way interferes with or restricts the loading and unloading functions.
I. 
Signs.
1. 
Each principal commercial building not part of a shopping center may have one major attached sign and one free-standing sign in accordance with the following:
a. 
The aggregate area of both signs shall not exceed 75 square feet;
b. 
The attached sign shall not exceed an area equivalent to 5% of the front facade of the principal building upon which the sign is attached; and
c. 
The free-standing sign shall be set back at least 25 feet from all street and property lines and shall not exceed 15 feet in height or the height of the principal building, whichever is less.
2. 
In addition to the signage permitted in accordance with Subsection 35-407I1 hereinabove, each shopping center may have one free-standing identification sign in accordance with the following:
a. 
The sign shall not exceed 75 square feet in area; and
b. 
The sign shall be set back at least 25 feet from all street and property lines and shall not exceed 15 feet in height.
3. 
Where a principal use occupying at least 700 square feet of segregated area has direct access from the outside, an additional sign identifying the name of the activity also shall be permitted in accordance with the following:
a. 
The sign shall not exceed eight square feet in area, and the square footage of the sign shall not be counted in any calculation of permitted sign area; and
b. 
The sign shall be either attached flat against the building at the entrance to the activity or suspended in perpendicular fashion from a roof over a common walkway. Suspended signs shall be no closer than 10 feet at their lowest point to the finished grade below.
4. 
See § 35-516 for design requirements.
[1]
Editor's Note: For requirements for campgrounds in the HD District, see § 35-607.

§ 35-407.1 CC COMMUNITY COMMERCIAL.

[Added 12-3-2020 by Ord. No. 311-20]
A. 
CC Community Commercial Districts.
1. 
CC-1 Community Commercial Tier One. The purpose of the Community Commercial Tier One CC-1 is to promote a higher intensity commercial development. Land within the CC-1 District is located proximate to major highway access. This area is suited for larger scale retail and office development that not only serves the local community but takes advantage of the proximity to Interstate 195.
2. 
CC-2 Community Commercial Tier 2. The purpose of the Community Commercial Tier Two CC-2 is to promote medium-intensity commercial development. The CC-2 is located in the center of the Township at the intersection of Route 539 and Route 27. This area is proximate to local residential areas and agricultural areas. The CC-2 District provides community commercial uses that are intended to serve the local area.
3. 
CC-3 Community Commercial Tier 3. The purpose of the Community Commercial Tier Three CC-3 is for lower-intensity commercial development. CC-3 is located along Route 524 west of Breza Road. This area is scattered with residential uses and community commercial uses. The CC-3 District is a neighborhood commercial district providing opportunities for retail and restaurant uses that serve the local area and professional offices. Development in this district has the potential to impact residential uses, and therefore, the site design should include smaller lot size development and appropriate screening and buffering. The intent is to weave the commercial and service uses into the established pattern of development and permit the conversion of residential properties into office space or neighborhood retail space.
B. 
Principal permitted uses on the land and in the buildings in the CC-1 Community Commercial Tier One District.
1. 
All of the uses in the HD District in accordance with § 35-407A1 through 12 herein.
2. 
Fast food with drive-through lanes in accordance with the conditions in § 35-601D.
3. 
Pharmacies with drive-through lanes in accordance with the conditions in § 35-601D.
4. 
Microbreweries, breweries, distilleries and wineries.
5. 
Shopping centers consisting of any of the above uses.
6. 
Personal storage facilities.
7. 
Indoor shooting ranges.
8. 
Dog training facilities with associated kennels for the animals being trained. No breeding, sale or boarding of animals.
9. 
Driving schools for passenger vehicles in accordance with the following:
a. 
Buses, tractor trailers or similar large vehicle training schools are not permitted.
b. 
If training vehicles are stored on-site, a designated storage area shall be provided and not impact the required on-site parking requirements of the ordinance.
c. 
Any training vehicle storage areas shall be in marked parking stalls and screened. No vehicle storage shall occur in the front yard.
d. 
If vehicle training is to occur on-site, a site plan should be provided to address circulation and to ensure that the training area is separate from the parking area.
e. 
Vehicle training areas shall be screened from view and shall not be located in a front yard.
10. 
Gasoline service stations with convenience stores as a principal permitted use. Stand-alone gasoline service stations are not permitted, and automotive repairs are prohibited. The following standards shall be satisfied in addition to all other applicable bulk standards:
a. 
The minimum lot size for gasoline service stations with a convenience store shall be 2.5 acres, the minimum lot width and frontage shall be 200 feet, and the minimum lot depth shall be 150 feet.
b. 
The minimum front and rear yard setbacks shall be in accordance with the CC-1 setbacks except that canopies, tanks and pumps may be located in a front yard area in accordance with the standards below.
c. 
The maximum building coverage shall be 15% and the maximum lot coverage shall be 65%.
d. 
All required setback areas shall be landscaped with a mixture of shrubs and trees in addition to lawn area or ground cover, and the plantings shall break up the view of the paved area of the site.
e. 
Gasoline pumps and pump islands shall be set back at least 40 feet from any property line. A minimum of 25 feet shall be provided between any two pump islands and between any island and the principal building.
f. 
Canopies are permitted, but only over the pump islands and associated aisles. All canopies must be set back at least 35 feet from the street line and shall not exceed 16 feet in height.
g. 
There shall be no outside display or storage of merchandise, supplies, product, equipment or similar material or objects unless specifically approved by the Board as part of a site plan application, unless such accessory goods or supplies for sale are contained within a permanent rack, case, cabinet or enclosure of metal or other fireproof material and located on the pump islands or within the building.
h. 
All fuel shall be kept in tanks of an approved design in accordance with applicable state and/or federal standards, and the tanks shall be buried so that the tops of the tanks shall be at least three feet below the surface of the ground and shall be at least 35 feet from any property line.
1) 
All tanks are to be buried in such locations approved by the Fire Department and shall not be located within six feet from any building except upon special permission, in writing, from the Fire Department.
2) 
No tank shall be permitted under any shed or building, and all underground tanks shall rest on a bed or cradle of concrete at least six inches thick.
3) 
Two or more tanks may be installed and connected by pipes, if such tanks are separated by a wall of concrete not less than two feet in thickness or by a wall of earth not less than four feet in thickness; provided that, in any case, the most current standards set forth by the New Jersey State Department of Environmental Protection shall be met.
i. 
Service stations may be permitted one freestanding sign and one sign attached either flat against the building or on two sides of the canopy.
1) 
The freestanding sign shall not exceed an area of 50 square feet and a height of 15 feet and shall be set back at least 10 feet from all street rights-of-way and lot lines.
2) 
The attached sign shall not exceed 30 square feet in area for the building sign, or 15 square feet in area on each side of the canopy.
11. 
Flex space, including contractor warehousing with a maximum building area of 20,000 square feet. Where flex space is constructed, an outdoor storage area is permitted in accordance with Subsection H below. The outdoor storage area shall have a solid visual barrier consisting of fencing or landscaping or suitable combination as approved by the Planning Board.
[Added 5-5-2022 by Ord. No. 319-22]
12. 
Vehicle and equipment repair, including farm equipment, tractor trailers, and passenger vehicles and other similar items. Abandoned vehicles are not permitted to be stored on the property. All vehicle storage areas shall conform to Subsection H below. The vehicle storage area shall have a solid visual barrier consisting of fencing or landscaping or suitable combination as approved by the Planning Board.
[Added 5-5-2022 by Ord. No. 319-22]
13. 
Automotive, farm equipment, boat, and recreational vehicle sales.
[Added 5-5-2022 by Ord. No. 319-22]
14. 
Rental companies for party supplies and/or business equipment, including construction rental equipment. Any outdoor storage shall conform to Subsection H below. The outdoor storage area shall have a solid visual barrier consisting of fencing or landscaping or suitable combination as approved by the Planning Board.
[Added 5-5-2022 by Ord. No. 319-22]
15. 
Job and educational training facilities.
[Added 5-5-2022 by Ord. No. 319-22]
16. 
Funeral homes.
[Added 5-5-2022 by Ord. No. 319-22]
17. 
Indoor recreation facilities, including turf fields, courts, and other similar uses.
[Added 5-5-2022 by Ord. No. 319-22]
18. 
Garden centers, lumber yards, and equipment supply centers, including the outside storage, sale, and/or display of material. Any outdoor storage shall conform to Subsection H below. The outdoor storage area shall have a solid visual barrier, consisting of fencing or landscaping or suitable combination as approved by the Planning Board.
[Added 5-5-2022 by Ord. No. 319-22]
C. 
Principal permitted uses on the land and in the buildings in the CC-2 Community Commercial Tier Two District.
1. 
All of the uses in the HD District in accordance with § 35-407A herein.
2. 
Microbreweries, breweries, distilleries and wineries.
3. 
Shopping centers consisting of any of the above uses.
D. 
Principal permitted uses on the land and in the buildings in the CC-3 Community Commercial Tier Three District.
1. 
All of the uses in the HD District in accordance with § 35-407A herein and the following.
2. 
Microbreweries, breweries, distilleries and wineries.
3. 
Shopping centers consisting of any of the above uses.
4. 
Existing single-family residential uses are permitted to continue, provided any additions to the primary structure or accessory uses conform to the bulk requirements of the district.
5. 
Mixed-use: an existing single-family dwelling may contain a use consisting of any of the permitted uses in the CC-3 District, as a conditional use in accordance with the following standards:
a. 
The use shall not include drive-through facilities.
b. 
Shopping centers are not permitted.
c. 
The use may be conducted in a separate building.
d. 
A site plan approval is required.
e. 
Parking shall be provided in accordance with the standards of § 35-407G and in accordance with the requirements for residential under the Residential Site Improvement Standards.[1]
[1]
Editor's Note: See N.J.A.C. 5:21.
f. 
Signage shall conform to § 35-407I.
g. 
The use shall conform to the general requirements of § 35-407F. Specifically, adequate screening of the parking area shall be provided where the site abuts another single-family dwelling unit.
E. 
Accessory uses permitted.
1. 
All of the accessory uses as provided for in § 35-407C.
2. 
Drive-through windows for restaurants as conditional uses under N.J.S.A. 40:55D-67 (see § 35-601D for conditions and standards).
3. 
Existing single-family residential uses in the CC-3 District are permitted the following additional accessory uses:
a. 
Home occupation, including family day-care homes and child-care residences (see § 35-203 for definition and § 35-602 for requirements).
b. 
Private residential swimming pools, bathhouses, cabanas and/or other structures customarily incidental to a private swimming pool on a property with a single-family dwelling, provided that the pool is located in the rear yard and/or side yard only and occupies no more than 75% of the rear yard area or the side yard area.
c. 
One residential tool shed for the storage of objects owned by the residents of the single-family dwelling situated on the property, not exceeding 400 square feet in area and 15 feet in height.
F. 
Maximum building height.
1. 
No principal building shall exceed 35 feet in height and 2.5 stories;
2. 
No accessory building shall exceed 25 feet in height and two stories; and
3. 
The exceptions to height limits specified in § 35-402C of this chapter shall apply as applicable.
G. 
Area and yard requirements for the CC Districts.
Individual Uses
Shopping Center[1]
Principal Building Minimum
Lot area
1 acre
6 acres
Lot frontage
150 feet
400 feet
Lot width
150 feet
400 feet
Lot depth
150 feet
400 feet
Side yard (each)
25 feet[2]
100 feet
Front yard
75 feet
100 feet
Rear yard
50 feet
100 feet
Accessory Building Minimum
Distance to side line
20 feet
50 feet
Distance to rear line
20 feet
50 feet
Distance to other building
20 feet
20 feet
Accessory Building Maximum
Floor area
0.20
0.25
Lot coverage
55%
55%
[1]
More than one principal building shall be permitted for a shopping center, in accordance with the following:
[a]
All buildings shall be separated by a minimum of 20 feet if such separation is to be used solely for pedestrian circulation.
[b]
All buildings shall be separated by a minimum of 50 feet where any part of such separation is to be used for parking or vehicular circulation; and
[c]
The separation requirements should not be construed to prohibit covered pedestrian walkways when the roof or covering of such walkway extends between the buildings.
[2]
The minimum principal building setback shall be 50 feet where a property line abuts a residential district or use.
[3]
In the CC-1 District more than one principal building or use is permitted on a single lot.
[Added 5-5-2022 by Ord. No. 319-22]
H. 
General requirements.
1. 
One building may contain more than one principal use, provided that each use occupies a minimum gross floor area of 500 square feet and that the combined off-street parking requirements for all uses are met.
2. 
Unless otherwise specifically approved by the Board as part of a site plan application, no merchandise, product, equipment or similar material or objects shall be displayed or stored outside. Where merchandise, products, equipment or similar material or objects are approved by the Board to be displayed or stored outside, the materials shall be suitably screened to be obscured from view from adjacent residential uses and must be situated within the required setback lines of the principal use.
3. 
All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with grass, shrubs, ground cover, or trees and shall be maintained in good condition. The landscaping and buffering standards of § 35-507 shall apply to all development.
4. 
At least the first 50 feet adjacent to any street line and 15 feet adjacent to any lot line shall not be used for parking, vehicular circulation and/or loading and shall be planted and maintained in lawn area or ground cover and landscaped with evergreen shrubbery.
5. 
The minimum side yard and/or rear yard setback area shall include a landscaped buffer strip of 15 feet in width along any common property line with a residential use and/or residential zoning district. Where topography, tree growth or other natural or man-made features exist on-site to provide adequate year-round buffer screening between the subject properties, the Board may waive the buffer screening requirement, all or in part.
6. 
All buildings shall meet the following design requirements:
a. 
All buildings shall be compatibly designed whether constructed all at one time or in stages over a period of time:
b. 
All building walls facing any street or residential use and/or residential zoning district shall be suitably finished for aesthetic purposes and shall include architectural features such as, but not limited to, windows, awning, offsets of building setbacks, varying wall treatments and other similar items. If blank walls are proposed, landscaping treatments shall be provided to screen the building wall; and
c. 
All buildings shall have a gable, hip, gambrel or mansard roof (or other dual pitched, single ridge roof); no flat roofs are permitted.
I. 
Off-street parking in accordance with § 35-407G.
J. 
Off-street loading in accordance with § 35-407H.
K. 
Signs in accordance with § 35-407I.

§ 35-408 "ROM" RESEARCH, OFFICE & MANUFACTURING.

[Ord. No. 34-97 § 81-408; Ord. No. 202-08 § 4]
A. 
Principal Permitted Uses On The Land And In Building
1. 
Farms, provided that the farm use itself shall have a minimum lot size of five acres and provided further that a farm may have a single-family detached dwelling situated thereon only if the farm is at least six acres in size. Moreover, any single-family dwelling situated on a farm shall be subject to the requirements specified for detached dwellings within the "AR" Agricultural Residential zoning district, except that the minimum lot size requirements specified for the "AR" zoning district shall not apply to detached dwellings situated on farms.
2. 
Agriculture Support Uses including, but not limited to, feed and supply stores, granaries, and brokerages.
3. 
Conservation Areas, Open Space, Public Parks, Playgrounds and "Public Purpose Uses".
4. 
Offices and Office Buildings.
5. 
Research Laboratories.
6. 
Limited Manufacturing.
7. 
Hotels and Motels.
8. 
Child Care Centers, licensed by the New Jersey Department of Human Services.
9. 
"Research, Office & Manufacturing Parks" on tracts of land at least 50 acres in area comprised of any of the above uses.
10. 
Cellular Antennas as "Conditional Uses" under N.J.S.A. 40:55D-67 (see § 35-601 for conditions and standards).
11. 
Public Utility Uses as "Conditional Uses" under N.J.S.A. 40:55D-67 (see § 35-601 for conditions and standards).
B. 
Accessory Uses Permitted
1. 
Off-Street Parking (see Subsection 35-408F hereinbelow for zoning requirements and § 35-511 for design requirements).
2. 
Fences and Walls (see § 35-505 for design requirements).
3. 
Off-Street Loading (see § 35-408G hereinbelow for zoning requirements and § 35-511 for design requirements).
4. 
Storage Buildings.
5. 
Signs (see Subsection 35-408H hereinbelow for zoning requirements and § 35-516 for design requirements).
6. 
Employee Cafeterias, provided the cafeteria is limited to serving the employees and guests of the principal use designated on the site plan as approved by the Board.
7. 
Restaurants, cafes, cocktail lounges, convention facilities and recreational facilities typically associated as ancillary use with hotels and motels.
8. 
Satellite Dish Antennas as "Conditional Uses" under N.J.S.A. 40:55D-67 (see § 35-601 for conditions and standards).
9. 
Temporary Construction Trailers and one Sign not exceeding 32 square feet, advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction beginning with the issuance of a construction permit and concluding one month after the issuance of a Certificate of Occupancy, provided said trailer(s) and sign are on the site where the construction is taking place, are not on any existing or proposed street or easement, and are set back at least 30 feet from all street and lot lines. There shall be at least one working telephone in the trailer.
10. 
Child Care Centers, licensed by the New Jersey Department of Human Services, and located within permitted non-residential uses.
11. 
Structures incidental to a farm such as barns and packing, grading and storage buildings for produce raised on the premises; fences; buildings for the keeping of permitted poultry and livestock; and garages for the keeping and maintaining of trucks and other equipment used in farm operations are permitted when accessory to a permitted farm use, provided that any building which is accessory to a farm shall be set back from any property line at least twice the distance of the height of the accessory building or 100 feet, whichever is less.
C. 
Maximum Building Height
1. 
No principal building shall exceed 35 feet in height and 2.5 stories;
2. 
No accessory building shall exceed 25 feet in height and two stories; and
3. 
The exceptions to "Height Limits" specified in Subsection 35-402C of this chapter shall apply as applicable.
D. 
Area And Yard Requirements For The "ROM" District
Individual Uses
Lots Within An "ROM" Park [1]
Principal Building Minimum
Lot Area
5 acre
3 acre
Lot Frontage
400 feet
300 feet
Lot Width
400 feet
300 feet
Lot Depth
400 feet
300 feet
Side Yard (each)
60 feet [2]
50 feet [2]
Front Yard
125 feet
100 feet
Rear Yard
60 feet [2]
50 feet [2]
Accessory Building Minimum
Distance To Side Line
75 feet
50 feet
Distance To Rear Line
75 feet
50 feet
Distance To Other Building
50 feet
50 feet
Maximum
Floor Area Ratio
0.175
0.175
Lot Coverage
40%
40%
FOOTNOTES TO SECTION 35-408D.
[1]
"ROM" Parks are "Research, Office & Manufacturing Parks" on tracts of land at least 50 acres in area which must be designed with a private road system which provides frontage for and vehicular access to each individual lot within the Park.
[2]
The minimum principal building setback shall be at least 100 feet where the property line abuts a residential district or use.
E. 
General Requirements.
1. 
One building may contain more than one principal use of the same use category, provided that each use occupies a minimum gross floor area of 1,000 square feet and that the combined off-street parking requirements for all uses are met.
2. 
Unless otherwise specifically approved by the Board as part of a site plan application, no merchandise, product, equipment or similar material or objects shall be displayed or stored outside. Where merchandise, products, equipment or similar material or objects are approved by the Board to be displayed or stored outside, the materials shall be suitably screened to be obscured from view from adjacent residential uses and must be situated within the property lines of the principal use.
3. 
All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with grass, shrubs, ground cover, or trees and shall be maintained in good condition.
4. 
At least the first 50 feet adjacent to any street line or property line shall not be used for parking, vehicular circulation and/or loading and shall be planted and maintained in lawn area or ground cover and landscaped with evergreen shrubbery, except that for lots within a "Research, Office & Manufacturing Parks" the fifty-foot setback may be reduced to 40 feet.
5. 
The minimum side yard and/or rear yard setback area shall include a landscaped buffer strip of 25 feet in width along any common property line with a residential use and/or residential zoning district. Where topography, tree growth or other natural or man-made features exist on-site to provide adequate year-round buffer screening between the subject properties, the Board may waive the buffer screening requirement, all or in part.
6. 
All buildings shall meet the following design requirements:
a. 
All buildings shall be compatibly designed whether constructed all at one time or in stages over a period of time; and
b. 
All building walls facing any street or residential use and/or residential zoning district shall be suitably finished for aesthetic purposes.
7. 
Motels and hotels shall meet the following requirements:
a. 
Each unit within a motel or hotel shall contain at least 250 square feet of floor area:
b. 
Each unit within a motel or hotel shall include a minimum of two rooms; a bedroom and a separate bathroom, and no unit shall include cooking facilities except for one unit that may be provided for a resident employee and his/her family; and
c. 
There shall be a residency limitation on all guests of 30 days maximum, except that the residency limitation shall not apply to a resident employee and his/her family living on the premises.
F. 
Off-Street Parking.
Each individual use shall provide parking spaces according to the following minimum provisions. Where a permitted use of land includes different specific activities with different specific parking requirements, the total number of required parking spaces shall be obtained by computing individually the parking requirements for each different activity and adding the resulting numbers together.
1. 
Child care centers shall provide parking at a ratio of one parking space per employee plus one additional parking space for every eight children. Adequate spaces shall be provided for the loading and unloading of children which shall take place on-site and not in the public right-of-way.
2. 
Motels and hotels shall provide parking at a ratio of 1.25 spaces per room, plus one space for every 10 seats provided in ancillary restaurants, cafes and/or cocktail lounges.
3. 
All other uses shall provide off-street parking in accordance with the following:
a. 
One space per 200 square feet of gross floor area used for offices or sales; plus
b. 
One space per 500 square feet of gross floor area used for research and manufacturing; plus
c. 
One space per 1,000 square feet of gross floor area used for storage; and
d. 
Any activity that does not fit any of the above categories shall be provided adequate off-street parking, as testified to by the applicant and as approved by the Board during site plan review.
4. 
Parking areas for individual uses shall be designed to be interconnected with adjacent properties, whenever possible, and shall utilize common entrance(s) and exit(s), where feasible, in order to minimize access points to the street.
5. 
See § 35-511 for the design requirements for non-residential uses.
G. 
Off-Street Loading.
1. 
Each principal building shall provide at least one off-street loading space at the side or rear of the building or within the building. Each loading space shall be at least 15 feet in width by 40 feet in length, with adequate ingress and egress from a public street and with adequate space for maneuvering. Additional spaces may be necessary and required dependent upon the specific activity. There shall be no loading or unloading from the street.
2. 
There shall be at least one trash and garbage pick-up location, including provisions for recyclable materials, provided by each building. The location shall be separated from the parking spaces by either a location within the building or in a pick-up location outside the building which shall be a steel-like, totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of all three. If located within the building, the doorway may serve both the loading and trash/garbage functions and, if located outside the building, it may be located adjacent to or within the general loading area(s), provided that the container in no way interferes with or restricts the loading and unloading functions.
H. 
Signs.
1. 
Each principal building may have one major sign, either free-standing or attached, in accordance with the following:
a. 
The sign shall not exceed an area equivalent to 5% of the front facade of the principal building or 75 square feet, whichever is less; and
b. 
If free-standing, the sign shall be set back at least 25 feet from all street and property lines and shall not exceed 10 feet in height or the height of the principal building, whichever is less.
2. 
In addition to the signage permitted in accordance with Subsection 35-408H1 hereinabove, each "Research, Office & Manufacturing Park" (ROM Park) may have one or more freestanding identification signs in accordance with the following:
a. 
One sign is permitted at each major entrance to the "ROM" Park, provided no more than one sign shall be permitted within 250 feet of a street's frontage;
b. 
Each sign shall not exceed 50 square feet in area and shall be used only to display the name of the "ROM" Park; and
c. 
Each sign shall be set back at least 25 feet from all street and property lines and shall not exceed 15 feet in height.
3. 
Where a principal use occupying at least 700 square feet of segregated area has direct access from the outside, an additional sign identifying the name of the activity also shall be permitted in accordance with the following:
a. 
The sign shall not exceed 10 square feet in area, and the square footage of the sign shall not be counted in any calculation of permitted sign area; and
b. 
The sign shall be attached flat against the building at the entrance to the activity.
4. 
See § 35-516 for design requirements.

§ 35-409 "GI" GENERAL INDUSTRIAL.

[Ord. No. 34-97 § 81-409; Ord. No. 202-08 § 5]
A. 
Principal Permitted Uses On The Land And In Buildings.
1. 
Offices and Office Buildings.
2. 
Research Laboratories.
3. 
Limited Manufacturing.
4. 
Warehouses and Assembly & Distribution Centers.
5. 
Agricultural Support Uses including, but not limited to, feed and supply stores, granaries, and brokerages.
6. 
Land Excavation.
7. 
Repair Shops for appliances, machines and engines.
8. 
Child Care Centers, licensed by the New Jersey Department of Human Services and as defined in § 35-203.
9. 
Public Utility Uses as "Conditional Uses" under N.J.S.A. 40:55D-67 (see § 35-601 for conditions and standards).
B. 
Accessory Uses Permitted.
1. 
Off-Street Parking (see Subsection 35-409F hereinbelow for zoning requirements and § 35-511 for design requirements).
2. 
Fences and Walls (see § 35-505 for design requirements).
3. 
Off-Street Loading (see § 35-409G hereinbelow for zoning requirements and § 35-511 for design requirements).
4. 
Storage Buildings.
5. 
Signs (see Subsection 35-409H hereinbelow for zoning requirements and § 35-516 for design requirements).
6. 
Storage Tanks for water, propane and fuel, provided that such tanks are no higher than 15 feet above the ground and that all tanks comply with any applicable Federal, State and/or municipal ordinances, statutes, codes and/or regulations.
7. 
Satellite Dish Antennas as "Conditional Uses" under N.J.S.A. 40:55D-67 (see § 35-601 for conditions and standards).
8. 
Temporary Construction Trailers and one Sign not exceeding 32 square feet, advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction beginning with the issuance of a construction permit and concluding one month after the issuance of a Certificate of Occupancy, provided said trailer(s) and sign are on the site where the construction is taking place, are not on any existing or proposed street or easement, and are set back at least 30 feet from all street and lot lines. There shall be at least one working telephone in the trailer.
C. 
Maximum Building Height.
1. 
No principal building shall exceed 35 feet in height and two and one-half stories;
2. 
No accessory building shall exceed 25 feet in height and two stories; and
3. 
The exceptions to "Height Limits" specified in Subsection 35-402C of this chapter shall apply as applicable.
D. 
Area And Yard Requirements For The "GI" District.
Principal Building Minimum
Lot Area
3 acre
Lot Frontage
250 feet
Lot Width
250 feet
Lot Depth
300 feet
Side Yard (each)
30 feet[1]
Front Yard
100 feet
Rear Yard
50 feet
Accessory Building Minimum
Distance To Side Line
30 feet[1]
Distance To Rear Line
40 feet[1]
Distance To Other Building
20 feet
Maximum
Floor Area Ratio
0.20
Lot Coverage
50%
FOOTNOTE TO SECTION 35-409D:
[1]
Or not less than 50 feet where a lot abuts a residential district.
E. 
General Requirements.
1. 
One building may contain more than one principal use of the same use category, provided that each use occupies a minimum gross floor area of 1,000 square feet and that the combined off-street parking requirements for all uses are met.
2. 
Unless otherwise specifically approved by the Board as part of a site plan application, no merchandise, product, equipment or similar material or objects shall be displayed or stored outside. Where merchandise, products, equipment or similar material or objects are approved by the Board to be displayed or stored outside, the materials shall be suitably screened to be obscured from view from adjacent residential uses and must be situated within the property lines of the principal use.
3. 
All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with grass, shrubs, ground cover, or trees and shall be maintained in good condition.
4. 
At least the first 25 feet adjacent to any street line or property line shall not be used for parking, vehicular circulation and/or loading and shall be planted and maintained in lawn area or ground cover and landscaped with evergreen shrubbery.
5. 
The minimum side yard and/or rear yard setback area shall include a landscaped buffer strip of 10 feet in width along any common property line with a residential use and/or residential zoning district. Where topography, tree growth or other natural or man-made features exist on-site to provide adequate year-round buffer screening between the subject properties, the Board may waive the buffer screening requirement, all or in part.
6. 
All buildings shall meet the following design requirements:
a. 
All buildings shall be compatibly designed whether constructed all at one time or in stages over a period of time; and
b. 
All building walls facing any street or residential use and/or residential zoning district shall be suitably finished for aesthetic purposes.
7. 
No use shall cause or result in any of the following:
a. 
Dissemination of smoke, gas, dust, odor or any other matter which pollutes the atmosphere;
b. 
Discharge of any waste material onto the ground;
c. 
Dissemination of glare, vibration, heat or electromagnetic interference beyond the property line; or
d. 
Physical hazard from fire, explosions and/or radiation.
8. 
All vehicular access shall be from Monmouth County Route 526 and no more than two access driveways shall be permitted within any 300 feet of lot frontage.
F. 
Off-Street Parking.
Each individual use shall provide parking spaces according to the following minimum provisions. Where a permitted use of land includes different specific activities with different specific parking requirements, the total number of required parking spaces shall be obtained by computing individually the parking requirements for each different activity and adding the resulting numbers together.
1. 
Child care centers shall provide parking at a ratio of one parking space per employee plus one additional parking space for every eight children. Adequate spaces shall be provided for the loading and unloading of children which shall take place on-site and not in the public right-of-way.
2. 
All other uses shall provide off-street parking in accordance with the following:
a. 
One space per 200 square feet of gross floor area used for offices or sales; plus
b. 
One space per 500 square feet of gross floor area used for research, repairs, assembly or manufacturing; plus
c. 
One space per 1,000 square feet of gross floor area used for storage; and
d. 
Any activity that does not fit any of the above categories shall provide adequate off-street parking, as testified to by the applicant and as approved by the Board during site plan review.
3. 
Parking areas for individual uses shall be designed to be interconnected with adjacent properties, whenever possible, and shall utilize common entrance(s) and exit(s), where feasible, in order to minimize access points to the street.
4. 
See § 35-511 for the design requirements for non-residential uses.
G. 
Off-Street Loading.
1. 
Each principal building shall provide at least one off-street loading space at the side or rear of the building or within the building. Each loading space shall be at least 15 feet in width by 40 feet in length, with adequate ingress and egress from a public street and with adequate space for maneuvering. Additional spaces may be necessary and required dependent upon the specific activity. There shall be no loading or unloading from the street.
2. 
There shall be at least one trash and garbage pick-up location, including provisions for recyclable materials, provided by each building. The location shall be separated from the parking spaces by either a location within the building or in a pick-up location outside the building which shall be a steel-like, totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of all three. If located within the building, the doorway may serve both the loading and trash/garbage functions and, if located outside the building, it may be located adjacent to or within the general loading area(s), provided that the container in no way interferes with or restricts the loading and unloading functions.
H. 
Signs.
1. 
Each principal commercial building may have one major attached sign and one free-standing sign in accordance with the following:
a. 
The aggregate area of both signs shall not exceed 75 square feet;
b. 
The attached sign shall not exceed an area equivalent to 5% of the front facade of the principal building upon which the sign is attached; and
c. 
The free-standing sign shall be set back at least 25% feet from all street and property lines and shall not exceed 15 feet in height or the height of the principal building, whichever is less.
2. 
Where a principal use occupying at least 700 square feet of segregated area has direct access from the outside, an additional sign identifying the name of the activity also shall be permitted in accordance with the following:
a. 
The sign shall not exceed eight square feet in area, and the square footage of the sign shall not be counted in any calculation of permitted sign area; and
b. 
The sign shall be attached flat against the building at the entrance to the activity.
3. 
See § 35-516 for design requirements.

§ 35-410 "PEC" PARKS, EDUCATION AND CONSERVATION.

[Ord. No. 34-97 § 81-410; Ord. Non 202-08 § 6]
A. 
Principal Permitted Uses On The Land And In Buildings
1. 
Detached Single-Family Dwelling Units, in accordance with the requirements for detached single-family dwellings in the "AR" Agricultural Residential District specified within § 35-405 and elsewhere in this chapter.
2. 
Farms, in accordance with the requirements for farms in the "AR" Agricultural District specified within § 35-405 and elsewhere in this chapter.
3. 
Conservation Areas, Open Space, Public Parks, Public Playgrounds and "Public Purpose Uses".
4. 
Schools, including public and private day schools of elementary and/or high school grades licensed by the State of New Jersey.
5. 
Cellular Antennas as "Conditional Uses" under N.J.S.A. 40:55D-67 (see § 35-601 for conditions and standards).
B. 
Accessory Uses Permitted.
1. 
Usual Recreational Facilities and other accessory uses customarily associated with parks, playgrounds and schools.
2. 
Fences and Walls (see § 35-505 for design requirements).
3. 
Off-Street Parking (see Subsection 35-410D hereinbelow for zoning requirements for schools and § 35-511 for design requirements).
4. 
Storage Buildings.
5. 
Signs (see Subsection 35-410E hereinbelow for zoning requirements for schools and § 35-516 for design requirements).
6. 
Satellite Dish Antennas as "Conditional Uses" under N.J.S.A. 40:55D-67 (see § 35-601 for conditions and standards).
C. 
Maximum Building Height.
1. 
No principal building shall exceed 35 feet in height and two and one-half stories;
2. 
No accessory building shall exceed 25 feet in height and two stories; and
3. 
The exceptions to "Height Limits" specified in Subsection 35-402C of this chapter shall apply as applicable.
D. 
Off-Street Parking For Schools.
1. 
Schools shall provide parking in accordance with the following schedule:
a. 
Elementary schools (Grades K-6) shall provide one space per employee;
b. 
Intermediate schools (Grades 7-9) shall provide one and 1.5 spaces per employee;
c. 
Secondary schools (Grades 10-12) shall provide two and 2.5 spaces per employee; and
d. 
In all cases, sufficient space for school bus loading and unloading shall be provided.
2. 
See § 35-511 for design requirements.
E. 
Signs For Schools.
1. 
Each school may have one attached sign and one free-standing sign in accordance with the following:
a. 
The attached sign shall not exceed 25 square feet and shall be attached to the front facade of the school building; and
b. 
The free-standing sign shall not exceed 30 square feet in area, shall be set back at least 25 feet from all street and property lines and shall not exceed 10 feet in height or the height of the principal building, whichever is less.
2. 
See § 35-516 for design requirements.

§ 35-411 INCLUSIONARY HOUSING DEVELOPMENT.

[Ord. No. 246-11 § 2]
A. 
Purpose.
In accordance with N.J.A.C. 5:97-6.4 of COAH's "Third Round Substantive Rules," an "Inclusionary Housing Development" is permitted on certain lands in the "HD" Highway Development Zoning District for the construction of affordable housing units in accordance with the rules of the New Jersey Council On Affordable Housing (COAH) for a site specific "Zoning For Inclusionary Development."
B. 
Property Description.
1. 
Based upon Upper Freehold Township Tax Map information, the subject property contains approximately 12.48 acres of land situated within the northwest quadrant of the I-195/Route 539 interchange (i.e. Exit 8).
2. 
The property is identified as Block 26/Lot 1 on the Upper Freehold Township Tax Maps.
C. 
Transfer Of "HD" Development Rights From Lot 1 to Adjacent Lot 3.
1. 
The subject property is situated within the "HD" Highway Development zoning district which permits a variety of nonresidential uses at a floor/area ratio (FAR) of 0.20 for Individual Uses and 0.25 for Shopping Centers.
2. 
In order to provide added financial incentive for the construction of an Inclusionary Housing Development on Lot 1, it is intended that the "HD" development rights of the subject property not be entirely extinguished with the construction of the "Inclusionary Housing Development," but that, instead, approximately 25% of the "HD" development rights be transferred to the adjacent property (i.e. Block 26/Lot 3), also situated within the northwest quadrant of the I-195/Route 539 interchange.
3. 
Therefore, while Lot 3 contains approximately 47.67 acres in accordance with Upper Freehold Tax Map information, if an inclusionary development is constructed on Lot 1, three acres of the approximately 12.48 acres of Lot 1 will be added to the acreage of Lot 3 for the purposes of calculating the maximum square footage of nonresidential space that will be permitted to be developed on Lot 3.
D. 
Principal Uses Permitted And Required On The Land And In Buildings.
1. 
A total of 85 apartment and/or townhouse units must be constructed within the inclusionary development on Lot 1.
a. 
Assuming that Lot 1 contains 12.48 acres, the density computes to approximately 6.81 dwelling units per acre.
b. 
With a subtraction of the three acres of Lot 1 transferred to Lot 3 for square footage calculation purposes, the net 9.48 acres of Lot 1 computes to a density of approximately 8.97 dwelling units per acre.
2. 
Of the total 85 units, at least 20%, or 17 units, must be set aside for occupancy by eligible COAH qualified households.
3. 
The affordable units shall comply with COAH's rules regarding bedroom distribution, accessibility requirements, and all applicable requirements of the "Third Round Substantive Rules" of the New Jersey Council On Affordable Housing (COAH) and the "Uniform Housing Affordability Controls" (N.J.A.C. 5:80-26-1 et seq.), as may be amended or replaced by new legislation.
E. 
Accessory Uses Permitted.
1. 
Common recreational facilities, recreation centers and/or clubhouses as specifically approved by the Planning Board within specified open space areas in order to satisfy the needs of the residential population of the development.
2. 
Landscaping features including benches, trellises, gazebos and other such features customarily associated with the permitted principal uses, as the case may be.
3. 
Underground sprinkler systems, provided that the water spray does not extend beyond the landscaped areas or beyond property lines.
4. 
Fences and walls shall only be permitted if specifically proposed by the developer and approved by the Planning Board as part of the site plan approval and/or if a standard for the location and type of the fences and/or walls has been approved by the Planning Board as part of the site plan approval and has been included in the master association documents (see § 35-505 for design requirements).
5. 
Patios and decks in the rear yard areas of a townhouse dwelling unit, provided that no patio or deck shall be permitted unless a standard for such patios and/or decks has been approved by the Planning Board as part of the site plan approval and has been included in the master association documents.
6. 
Off-street parking and private garages (see Subsection 35-411I hereinbelow for zoning requirements and § 35-511 for design requirements).
7. 
Signs (see Subsection 35-411K hereinbelow for zoning requirements and § 35-516 for design requirements).
8. 
Temporary construction trailers and one sign not exceeding 32 square feet, advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction beginning with the issuance of a construction permit and concluding one month after the issuance of a Certificate of Occupancy, provided said trailer(s) and sign are on the site where the construction is taking place, are not on any existing or proposed street or easement, and are set back at least 30 feet from all street and property lines. There shall be at least one working telephone in the trailer.
F. 
Maximum Building Heights.
1. 
No principal townhouse or apartment building shall exceed 35 feet in height and 2.5 stories.
2. 
No recreation center building or clubhouse building shall exceed 32 feet in height and 2.5 stories.
3. 
No other accessory building, as may be approved by the Planning Board, shall exceed 25 feet in height and 1.5 stories.
4. 
See Subsection 35-402C for permitted exceptions.
G. 
Yard and Distance Requirements.
1. 
The minimum distance between any buildings shall be 20 feet.
2. 
The minimum setback from the tract boundary line for any parking area, loading area, internal roadway or drive aisle, except fencing integrated with the landscaping plan, shall be 20 feet.
3. 
For townhouse fee simple lots and buildings, a minimum twenty-foot front and rear yard area shall be provided.
H. 
Requirements For Buildings.
1. 
The exteriors of all buildings in a development, including any accessory buildings, shall be architecturally compatible and shall be constructed of complementary materials.
2. 
Where a building faces a street, driveway or off-street parking area, the building also shall have a front facade facing the street, driveway or off-street parking area.
3. 
All buildings shall have a dual pitched, single ridge roof (such as gable, hip, gambrel or mansard roof) with a minimum pitch of one foot vertical to 12 feet horizontal, and no flat roof shall be permitted.
4. 
The mechanical equipment serving the building(s) shall be screened from public view by the design of the building and/or by landscaping features integrated with the overall design of the building(s).
I. 
Off-Street Parking, Private Garages, Driveways And Off-Street Loading.
1. 
Notwithstanding any other ordinance provisions to the contrary, each individual use shall be provided off-street parking spaces according to the following minimum provisions, provided that, in accordance with the Residential Site Improvement Standards (RSIS), the Planning Board can grant a de minimus exception and design waiver for a lesser number of parking spaces if the applicant can demonstrate that a lesser number of spaces is sufficient.
a. 
Townhouses shall be provided 1.8 off-street spaces for each one-bedroom unit, 2.3 spaces for each two-bedroom unit, and 2.4 spaces for each three-bedroom townhouse unit. Where the bedroom count per dwelling unit is not specified, 2.3 spaces per unit shall be provided.
b. 
Apartments shall be provided 1.8 off-street spaces for each one-bedroom unit, 2.0 spaces for each two-bedroom unit, and 2.1 spaces for each three-bedroom apartment unit. Where the bedroom count per dwelling unit is not specified, 2.0 spaces per unit shall be provided.
c. 
For any residential unit, each garage space shall be counted as 1.0 off-street parking space, regardless of the length of the driveway.
(1) 
A one-car garage and driveway combination shall count as two off-street parking spaces for the subject unit, provided that the driveway measures a minimum of 18 feet in length between the face of the garage door and the right-of-way or between the face of the garage door and a sidewalk, whichever distance is less.
(2) 
A two-car garage and driveway combination shall count as 3 1/2 off-street parking spaces for the subject unit, provided that the driveway measures a minimum of 20 feet in width for a minimum 18 feet in length between the face of the garage door and the right-of-way or between the face of the garage door and a sidewalk, whichever distance is less.
2. 
All off-street parking spaces shall be located within 150 feet of the nearest building entrance of the townhouse unit or the apartment building for which the spaces are provided.
3. 
No residential dwelling unit shall have direct vehicular access to Route 539.
J. 
Trash And Recycling Requirements.
Unless the curbside pickup of trash and recyclable materials is proposed by the applicant and approved by the Planning Board, an indoor or outdoor recycling area for the collection and storage of trash and recyclable materials shall be provided as follows:
1. 
The trash and recyclable material collection and pickup location shall be provided either within the building being served or in a nearby location outside the building.
2. 
If located outside the building, the trash and recyclable materials area shall include a steel-like, totally enclosed trash and garbage container and recyclable bins and shall be located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence or wall finished with materials used to construct the building(s) being served.
3. 
The dimension of the recycling area shall be consistent with the district recycling plan adopted pursuant to Section 3 of P.L. 1987, c.102 (N.J.S.A. 13:1E-99.13), as amended, and shall be sufficient to accommodate recycling bins or containers which are of adequate size and number, and which are consistent with anticipated usage and with current methods of collection.
4. 
The area provided for the collection and pickup of recyclable materials shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling areas, and the bins or containers placed therein, against theft of recyclable materials, bins or containers.
5. 
The area provided for the collection and pickup of recyclable materials, and the bins or containers placed therein, shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered so as to keep the paper or cardboard dry.
6. 
Signs clearly identifying the area provided for the collection and pickup of recyclable materials shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.
7. 
Landscaping, at least six feet in height at maturity, shall be provided around any outdoor trash or recycling area.
K. 
Permitted Signage.
1. 
One ground-mounted freestanding sign identifying the name of the development no larger than 50 square feet shall be permitted at the entrance to the development from Route 539.
a. 
The sign shall not exceed 10 feet in height and shall be set back at least 10 feet from all street and property lines.
b. 
Any sign illumination shall be external to the sign and shall be designed and oriented to prevent any sight of the lamp from any street or neighboring properties.
2. 
Additional signage within the interior of the site may be approved by the Planning Board for directional purposes or for other good cause shown by the applicant as part of the site plan approval.
L. 
Required Recreational Facilities.
The development shall provide on-site recreational amenities within the specified open space in order to satisfy the needs of the anticipated residential population of the development.
1. 
A minimum area of 5,000 square feet in size, at least 50 feet in width with a grade less than 5%, is required to be developed for active recreation.
2. 
All recreational facilities shall adhere to the standards set forth in the Barrier Free Subcode of the Uniform Construction Code of the State of New Jersey.
M. 
General Requirements.
1. 
Any development shall be planned and developed with a common architectural theme which shall be subject to review and approval by the Planning Board; the architectural theme shall include the appearance of buildings, signs, fencing, lighting, paving, curbing, and landscaping.
2. 
No development or improvements shall be constructed on any "critical areas" on the property.
3. 
Any development shall require that adequate sewage treatment and potable water facilities be provided.
4. 
No construction permit shall be issued for any dwelling unit, an addition thereto, or for an accessory structure unless the proposed construction is in accordance with the site plan as approved by the Planning Board. After the initial approval of the site plan, no application for a construction permit will be accepted by the Township for processing unless the application is accompanied by a statement from the master association that the proposed construction has been approved by the master association.
5. 
All portions of the tract not covered by buildings or structures (e.g., parking lots, parking spaces, loading areas, access aisles, driveways, sidewalks, walkways, curbs, trash enclosures, etc.) shall be suitably landscaped with grass, shrubs, and trees and shall be maintained in good condition.

§ 35-412 AFFORDABLE HOUSING OVERLAY ZONE DISTRICT - 1.

[Added 7-11-2019 by Ord. No. 300-19]
A. 
Purpose. In accordance with the executed Settlement Agreement by and between the Township and Fair Share Housing Center dated July 18, 2018, Docket No. MON-L-2536-15, the Township is obligated to create an affordable housing overlay zoning district on certain lands in the "HD" Highway Development Zoning District permitting the construction of inclusionary developments which include an affordable housing set-aside affordable in accordance with the applicable rules of the New Jersey Council On Affordable Housing (COAH) in order to meet its constitutional obligation to provide for its fair share of affordable housing.
B. 
Property Description.
1. 
The following properties subject to this overlay include:
a. 
Block 26/Lots 1 and 3.
b. 
Block 23.02/Lot 21.01.
C. 
Principal Uses Permitted and Required on the Land and in Buildings.
1. 
Apartments.
2. 
Townhomes.
D. 
Accessory Uses Permitted.
1. 
Common recreational facilities, recreation centers and/or clubhouses as specifically approved by the Planning Board within specified open space areas in order to satisfy the needs of the residential population of the development.
2. 
Landscaping features including benches, trellises, gazebos and other such features customarily associated with the permitted principal uses, as the case may be.
3. 
Underground sprinkler systems, provided that the water spray does not extend beyond the landscaped areas or beyond property lines.
4. 
Fences and walls shall only be permitted if specifically proposed by the developer and approved by the Planning Board as part of the site plan approval and/or if a standard for the location and type of the fences and/or walls has been approved by the Planning Board as part of the site plan approval and has been included in the master association documents (see § 35-505 for design requirements).
5. 
Patios and decks in the rear yard areas of a townhouse dwelling unit, provided that no patio or deck shall be permitted unless a standard for such patios and/or decks has been approved by the Planning Board as part of the site plan approval and has been included in the master association documents.
6. 
Off-street car parking and private garages (see Subsection 35-411I herein below for zoning requirements and § 35-511 for design requirements).
7. 
Signs (see Subsection 35-411K herein below for zoning requirements and § 35-516 for design requirements).
8. 
Temporary construction trailers and one sign not exceeding 32 square feet, advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction beginning with the issuance of a construction permit and concluding one month after the issuance of a certificate of occupancy, provided said trailer(s) and sign are on the site where the construction is taking place, are not on any existing or proposed street or easement, and are set back at least 30 feet from all street and property lines. There shall be at least one working telephone in the trailer.
9. 
Bicycle parking and related facilities are encouraged.
E. 
Development Standards.
1. 
The standards contained in the Affordable Housing Overlay shall supersede the existing HD district standards for density, area, yard, frontage, height, and other bulk requirements. The remaining provisions of the Upper Freehold Township Land Use and Zoning regulations shall apply as appropriate.
a. 
Maximum Building Heights.
1) 
No principal townhouse or apartment building shall exceed 35 feet in height and 2 1/2 stories.
2) 
No recreation center building or clubhouse building shall exceed 32 feet in height and 2 1/2 stories.
3) 
No other accessory building, as may be approved by the Planning Board, shall exceed 25 feet in height and 1 1/2 stories.
4) 
See Subsection 35-402C for permitted exceptions.
b. 
Yard and Distance Requirements.
1) 
The minimum distance between any buildings shall be 20 feet.
2) 
The minimum setback from the tract boundary line for any parking area, loading area, internal roadway or drive aisle, except fencing integrated with the landscaping plan, shall be 20 feet.
3) 
For townhouse fee simple lots and buildings, a minimum twenty-foot front and rear yard area shall be provided.
c. 
Requirements for Buildings.
1) 
The exteriors of all buildings in a development, including any accessory buildings, shall be architecturally compatible and shall be constructed of complementary materials.
2) 
Where a building faces a street, driveway or off-street parking area, the building also shall have a front facade facing the street, driveway or off-street parking area.
3) 
All buildings shall have a dual-pitched, single-ridge roof (such as gable, hip, gambrel or mansard roof) with a minimum pitch of one foot vertical to 12 feet horizontal, and no flat roof shall be permitted.
4) 
The mechanical equipment serving the building(s) shall be screened from public view by the design of the building and/or by landscaping features integrated with the overall design of the building(s).
5) 
Efforts should be made to avoid concentrating affordable housing units within a single building, separate from market rate units.
d. 
Off-Street Parking, Private Garages, Driveways and Off-Street Loading.
1) 
Notwithstanding any other ordinance provisions to the contrary, each individual use shall be provided off-street parking spaces according to the following minimum provisions, provided that, in accordance with the Residential Site Improvement Standards (RSIS), the Planning Board can grant a de minimus exception and design waiver for a lesser number of parking spaces if the applicant can demonstrate that a lesser number of spaces is sufficient.
(a) 
Townhouses shall be provided 1.8 off-street spaces for each one-bedroom unit, 2.3 spaces for each two-bedroom unit, and 2.4 spaces for each three-bedroom townhouse unit. Where the bedroom count per dwelling unit is not specified, 2.3 spaces per unit shall be provided.
(b) 
Apartments shall be provided 1.8 off-street spaces for each one-bedroom unit, 2.0 spaces for each two-bedroom unit, and 2.1 spaces for each three-bedroom apartment unit. Where the bedroom count per dwelling unit is not specified, 2.0 spaces per unit shall be provided.
(c) 
For any residential unit, each garage space shall be counted as 1.0 off-street parking space, regardless of the length of the driveway.
[1] 
A one-car garage and driveway combination shall count as two off-street parking spaces for the subject unit, provided that the driveway measures a minimum of 18 feet in length between the face of the garage door and the right-of-way or between the face of the garage door and a sidewalk, whichever distance is less.
[2] 
A two-car garage and driveway combination shall count as 3 1/2 off-street parking spaces for the subject unit, provided that the driveway measures a minimum of 20 feet in width for a minimum 18 feet in length between the face of the garage door and the right-of-way or between the face of the garage door and a sidewalk, whichever distance is less.
2) 
All off-street parking spaces shall be located within 150 feet of the nearest building entrance of the townhouse unit or the apartment building for which the spaces are provided.
3) 
No residential dwelling unit shall have direct vehicular access to Route 539.
e. 
Density Requirements.
1) 
On Block 26 Lot 1, a maximum density of 11 dwelling units per acre shall be permitted for rental housing, and/or a maximum density of six dwelling units per acre for for-sale housing.
2) 
On Block 26 Lot 3, a maximum density of 10 dwelling units per acre shall be permitted for rental housing, and/or a maximum density of seven dwelling units per acre for for-sale housing.
3) 
On Block 23.02 Lot 21.01, maximum density of 10 dwelling units per acre shall be permitted for rental housing, and/or a maximum density of six dwelling units per acre for for-sale housing.
F. 
Affordable Housing Requirements.
1. 
At least 15% of all rental units shall be set aside for affordable housing as defined in N.J.A.C 5:97.[1]
[1]
Editor's Note: The provisions of N.J.A.C. 5:97 expired 6-2-2015.
2. 
At least 20% of all for-sale units shall be set aside for affordable housing as defined in N.J.A.C 5:97.[2]
[2]
Editor's Note: The provisions of N.J.A.C. 5:97 expired 6-2-2015.
3. 
At least 50% of the affordable units shall be affordable to very-low- and low-income households. If only one affordable unit is created in a project, the unit shall be a very-low- or low-income unit.
4. 
At least 13% of the total number of affordable rental units shall be affordable to very-low-income households.
5. 
The affordable units shall be affirmatively marketed to the housing region in accordance with the Township's Affirmative Marketing Plan.
6. 
Affordability controls shall be maintained for a minimum of 30 years.
7. 
Rental increases shall be in accordance with percentage approved by COAH and/or its successors and assigned pursuant to applicable laws.
8. 
All affordable units shall be subject to the provisions of the Township's Affordable Housing Ordinance.
G. 
Trash and Recycling Requirements. Unless the curbside pickup of trash and recyclable materials is proposed by the applicant and approved by the Planning Board, an indoor or outdoor recycling area for the collection and storage of trash and recyclable materials shall be provided as follows:
1. 
The trash and recyclable material collection and pickup location shall be provided either within the building being served or in a nearby location outside the building.
2. 
If located outside the building, the trash and recyclable materials area shall include a steel-like, totally enclosed trash and garbage container and recyclable bins and shall be located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence or wall finished with materials used to construct the building(s) being served.
3. 
The dimension of the recycling area shall be consistent with the district recycling plan adopted pursuant to Section 3 of P.L. 1987, c.102 (N.J.S.A. 13:1E-99.13), as amended, and shall be sufficient to accommodate recycling bins or containers which are of adequate size and number, and which are consistent with anticipated usage and with current methods of collection.
4. 
The area provided for the collection and pickup of recyclable materials shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling areas, and the bins or containers placed therein, against theft of recyclable materials, bins or containers.
5. 
The area provided for the collection and pickup of recyclable materials, and the bins or containers placed therein, shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered so as to keep the paper or cardboard dry.
6. 
Signs clearly identifying the area provided for the collection and pickup of recyclable materials shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.
7. 
Landscaping, at least six feet in height at maturity, shall be provided around any outdoor trash or recycling area.
H. 
Permitted Signage.
1. 
One ground-mounted freestanding sign identifying the name of the development no larger than 50 square feet shall be permitted at the entrance to the development from Route 539.
a. 
The sign shall not exceed 10 feet in height and shall be set back at least 10 feet from all street and property lines.
b. 
Any sign illumination shall be external to the sign and shall be designed and oriented to prevent any sight of the lamp from any street or neighboring properties.
2. 
Additional signage within the interior of the site may be approved by the Planning Board for directional purposes or for other good cause shown by the applicant as part of the site plan approval.
I. 
Required Recreational Facilities. The development shall provide on-site recreational amenities within the specified open space in order to satisfy the needs of the anticipated residential population of the development.
1. 
For Block 26 Lots 1 and 3, a minimum area of 5% of the developable area, being at least 50 feet in width with a grade less than 5%, shall be required to be developed for active recreation.
2. 
All recreational facilities shall adhere to the standards set forth in the Barrier Free Subcode of the Uniform Construction Code of the State of New Jersey.
J. 
General Requirements.
1. 
Any development shall be planned and developed with a common architectural theme which shall be subject to review and approval by the Planning Board; the architectural theme shall include the appearance of buildings, signs, fencing, lighting, paving, curbing, and landscaping.
2. 
No development or improvements shall be constructed on any critical areas on the property.
3. 
Any development shall require that adequate sewage treatment and potable water facilities be provided.
4. 
No construction permit shall be issued for any dwelling unit, an addition thereto, or for an accessory structure unless the proposed construction is in accordance with the site plan as approved by the Planning Board. After the initial approval of the site plan, no application for a construction permit will be accepted by the Township for processing unless the application is accompanied by a statement from the master association that the proposed construction has been approved by the master association.
5. 
All portions of the tract not covered by buildings or structures (e.g., parking lots, parking spaces, loading areas, access aisles, driveways, sidewalks, walkways, curbs, trash enclosures, etc.) shall be suitably landscaped with grass, shrubs, and trees and shall be maintained in good condition.

§ 35-413 AFFORDABLE HOUSING OVERLAY ZONE DISTRICT - 2.

[Added 7-11-2019 by Ord. No. 301-19]
A. 
Purpose. In accordance with the executed Settlement Agreement by and between the Township and Fair Share Housing Center dated July 18, 2018, Docket No. MON-L-2536-15, the Township is obligated to create an affordable housing overlay zoning district on certain lands in the "RA-5" Rural Agricultural-5 zoning district permitting the construction of inclusionary developments which include an affordable housing set-aside in accordance with the applicable rules of the New Jersey Council On Affordable Housing (COAH) in order to meet its constitutional obligation to provide for its fair share of affordable housing.
B. 
Property Description.
1. 
The following property subject to this overlay include:
a. 
Block 15/Lot 36.01.
C. 
Principal Uses Permitted and Required On the Land and in Buildings.
1. 
Apartments.
2. 
Townhomes.
D. 
Accessory Uses Permitted.
1. 
Common recreational facilities, recreation centers and/or clubhouses as specifically approved by the Planning Board within specified open space areas in order to satisfy the needs of the residential population of the development.
2. 
Landscaping features including benches, trellises, gazebos and other such features customarily associated with the permitted principal uses, as the case may be.
3. 
Underground sprinkler systems, provided that the water spray does not extend beyond the landscaped areas or beyond property lines.
4. 
Fences and walls shall only be permitted if specifically proposed by the developer and approved by the Planning Board as part of the site plan approval and/or if a standard for the location and type of the fences and/or walls has been approved by the Planning Board as part of the site plan approval and has been included in the master association documents (see § 35-505 for design requirements).
5. 
Patios and decks in the rear areas of a townhouse dwelling unit, provided that no patio or deck shall be permitted unless a standard for such patios and/or decks has been approved by the Planning Board as part of the site plan approval and has been included in the master association documents.
6. 
Off-street car parking and private garages (see Subsection 35-411I hereinbelow for zoning requirements and § 35-511 for design requirements).
7. 
Signs (see Subsection 35-411K hereinbelow for zoning requirements and § 35-516 for design requirements).
8. 
Temporary construction trailers and one sign not exceeding 32 square feet, advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction beginning with the issuance of a construction permit and concluding one month after the issuance of a certificate of occupancy, provided said trailer(s) and sign are on the site where the construction is taking place, are not on any existing or proposed street or easement, and are set back at least 30 feet from all street and property lines. There shall be at least one working telephone in the trailer.
9. 
Bicycle parking and related facilities are encouraged.
E. 
Development Standards.
1. 
The standards contained in the Affordable Housing Overlay shall supersede the existing RA-5 district standards for density, area, yard, frontage, height, and other bulk requirements. The remaining provisions of the Upper Freehold Township Land Use and Zoning regulations shall apply as appropriate.
a. 
Maximum Building Heights.
1) 
No principal townhouse or apartment building shall exceed 35 feet in height and 2 1/2 stories.
2) 
No recreation center building or clubhouse building shall exceed 32 feet in height and 2 1/2 stories.
3) 
No other accessory building, as may be approved by the Planning Board, shall exceed 25 feet in height and 1 1/2 stories.
4) 
See Subsection 35-402C for permitted exceptions.
b. 
Yard And Distance Requirements.
1) 
The minimum distance between any buildings shall be 20 feet.
2) 
The minimum setback from the tract boundary line for any parking area, loading area, internal roadway or drive aisle, except fencing integrated with the landscaping plan, shall be 20 feet.
3) 
For townhouse fee simple lots and buildings, a minimum twenty-foot front and rear yard area shall be provided.
c. 
Requirements For Buildings.
1) 
The exteriors of all buildings in a development, including any accessory buildings, shall be architecturally compatible and shall be constructed of complementary materials.
2) 
Where a building faces a street, driveway or off-street parking area, the building also shall have a front facade facing the street, driveway or off-street parking area.
3) 
All buildings shall have a dual-pitched, single-ridge roof (such as gable, hip, gambrel or mansard roof) with a minimum pitch of one foot vertical to 12 feet horizontal, and no flat roof shall be permitted.
4) 
The mechanical equipment serving the building(s) shall be screened from public view by the design of the building and/or by landscaping features integrated with the overall design of the building(s).
5) 
Efforts should be made to avoid concentrating affordable housing units within a single building, separate from market rate units.
d. 
Off-Street Parking, Private Garages, Driveways and Off-Street Loading.
1) 
Notwithstanding any other ordinance provisions to the contrary, each individual use shall be provided off-street parking spaces according to the following minimum provisions, provided that, in accordance with the Residential Site Improvement Standards (RSIS), the Planning Board can grant a de minimus exception and design waiver for a lesser number of parking spaces if the applicant can demonstrate that a lesser number of spaces is sufficient.
(a) 
Townhouses shall be provided 1.8 off-street spaces for each one-bedroom unit, 2.3 spaces for each two-bedroom unit, and 2.4 spaces for each three-bedroom townhouse unit. Where the bedroom count per dwelling unit is not specified, 2.3 spaces per unit shall be provided.
(b) 
Apartments shall be provided 1.8 off-street spaces for each one-bedroom unit, 2.0 spaces for each two-bedroom unit, and 2.1 spaces for each three-bedroom apartment unit. Where the bedroom count per dwelling unit is not specified, 2.0 spaces per unit shall be provided.
(c) 
For any residential unit, each garage space shall be counted as 1.0 off-street parking space, regardless of the length of the driveway.
[1] 
A one-car garage and driveway combination shall count as two off-street parking spaces for the subject unit, provided that the driveway measures a minimum of 18 feet in length between the face of the garage door and the right-of-way or between the face of the garage door and a sidewalk, whichever distance is less.
[2] 
A two-car garage and driveway combination shall count as 3 1/2 off-street parking spaces for the subject unit, provided that the driveway measures a minimum of 20 feet in width for a minimum 18 feet in length between the face of the garage door and the right-of-way or between the face of the garage door and a sidewalk, whichever distance is less.
2) 
All off-street parking spaces shall be located within 150 feet of the nearest building entrance of the townhouse unit or the apartment building for which the spaces are provided.
e. 
Density Requirements.
1) 
On Block 15 Lot 36.01, a maximum density of 10 dwelling units per acre shall be permitted for rental housing, and/or a maximum density of seven dwelling units per acre for for-sale housing.
F. 
Affordable Housing Requirements.
1. 
At least 15% of all rental units shall be set aside for affordable housing as defined in N.J.A.C. 5:97.[1]
[1]
Editor's Note: The provisions of N.J.A.C. 5:97 expired 6-2-2015.
2. 
At least 20% of all for-sale units shall be set aside for affordable housing as defined in N.J.A.C. 5:97.[2]
[2]
Editor's Note: The provisions of N.J.A.C. 5:97 expired 6-2-2015.
3. 
At least 50% of the affordable units shall be affordable to very-low- and low-income households. If only one affordable unit is created in a project, the unit shall be a very-low- or low-income unit.
4. 
At least 13% of the total number of affordable rental units shall be affordable to very-low-income households.
5. 
The affordable units shall be affirmatively marketed to the housing region in accordance with the Township's Affirmative Marketing Plan.
6. 
Affordability controls shall be maintained for a minimum of 30 years.
7. 
Rental increases shall be in accordance with percentage approved by COAH and/or its successors and assigned pursuant to applicable laws.
8. 
All affordable units shall be subject to the provisions of the Township's Affordable Housing Ordinance.
G. 
Trash And Recycling Requirements. Unless the curbside pickup of trash and recyclable materials is proposed by the applicant and approved by the Planning Board, an indoor or outdoor recycling area for the collection and storage of trash and recyclable materials shall be provided as follows:
1. 
The trash and recyclable material collection and pickup location shall be provided either within the building being served or in a nearby location outside the building.
2. 
If located outside the building, the trash and recyclable materials area shall include a streel-like, totally enclosed trash and garbage container and recyclable bins and shall be located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence or wall finished with materials used to construct the building(s) being served.
3. 
The dimension of the recycling area shall be consistent with the district recycling plan adopted pursuant to Section 3 of P.L. 1987, c.102 (N.J.S.A. 13:1E-99.13), as amended, and shall be sufficient to accommodate recycling bins or containers which are of adequate size and number, and which are consistent with anticipated usage and with current methods of collection.
4. 
The area provided for the collection and pickup of recyclable materials shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling areas, and the bins or containers placed therein, against theft of recyclable materials, bins or containers.
5. 
The area provided for the collection and pickup of recyclable materials, and the bins or containers placed therein, shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered so as to keep the paper or cardboard dry.
6. 
Signs clearly identifying the area provided for the collection and pickup of recyclable materials shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.
7. 
Landscaping, at least six feet in height at maturity, shall be provided around any outdoor trash or recycling area.
H. 
Permitted Signage.
1. 
No more than one ground-mounted freestanding sign identifying the name of the development no larger than 50 square feet shall be permitted at the entrance to the development from Allyson Way or another road that provides direct access to the site.
a. 
The sign shall not exceed 10 feet in height and shall be set back at least 10 feet from all street and property lines.
b. 
Any sign illumination shall be external to the sign and shall be designed and oriented to prevent any sight of the lamp from any street or neighboring properties.
2. 
Additional signage within the interior of the site may be approved by the Planning Board for directional purposes or for other good cause shown by the applicant as part of the site plan approval.
3. 
No signage shall be permitted to be visible from I-195.
I. 
Required Recreational Facilities. The development shall provide on-site recreational amenities within the specified open space in order to satisfy the needs of the anticipated residential population of the development.
1. 
A minimum area of 5% of the developable area, being at least 50 feet in width with a grade less than 5%, shall be required to be developed for active recreation.
2. 
All recreational facilities shall adhere to the standards set forth in the Barrier Free Subcode of the Uniform Construction Code of the State of New Jersey.
J. 
General Requirements.
1. 
Any development shall be planned and developed with a common architectural theme which shall be subject to review and approval by the Planning Board; the architectural theme shall include the appearance of buildings, signs, fencing, lighting, paving, curbing, and landscaping.
2. 
No development or improvements shall be constructed on any critical areas on the property.
3. 
Any development shall require that adequate sewage treatment and potable water facilities be provided.
4. 
No construction permit shall be issued for any dwelling unit, an addition thereto, or for an accessory structure unless the proposed construction is in accordance with the site plan as approved by the Planning Board. After the initial approval of the site plan, no application for a construction permit will be accepted by the Township for processing unless the application is accompanied by a statement from the master association that the proposed construction has been approved by the master association.
5. 
All portions of the tract not covered by buildings or structures (e.g., parking lots, parking spaces, loading areas, access aisles, driveways, sidewalks, walkways, curbs, trash enclosures, etc.) shall be suitably landscaped with grass, shrubs, and trees and shall be maintained in good condition.

§ 35-414 AFFORDABLE HOUSING OVERLAY ZONE DISTRICT - 3.

[Added 7-11-2019 by Ord. No. 302-19]
A. 
Purpose. In accordance with the executed Settlement Agreement by and between the Township and Fair Share Housing Center dated July 18, 2018, Docket No. MON-L-2536-15, the Township is obligated to create an affordable housing overlay zoning district on certain lands in the "AR" Agricultural Residential Zoning District permitting the construction of inclusionary developments which include an affordable housing set-aside affordable in accordance with the applicable rules of the New Jersey Council On Affordable Housing (COAH) in order to meet its constitutional obligation to provide for its fair share of affordable housing.
B. 
Property Description.
1. 
The following property subject to this overlay include:
a. 
Block 15/Lot 38.
C. 
Principal Uses Permitted and Required on the Land and in Buildings.
1. 
Apartments.
2. 
Townhomes.
D. 
Accessory Uses Permitted.
1. 
Common recreational facilities, recreation centers and/or clubhouses as specifically approved by the Planning Board within specified open space areas in order to satisfy the needs of the residential population of the development.
2. 
Landscaping features including benches, trellises, gazebos and other such features customarily associated with the permitted principal uses, as the case may be.
3. 
Underground sprinkler systems, provided that the water spray does not extend beyond the landscaped areas or beyond property lines.
4. 
Fences and walls shall only be permitted if specifically proposed by the developer and approved by the Planning Board as part of the site plan approval and/or if a standard for the location and type of the fences and/or walls has been approved by the Planning Board as part of the site plan approval and has been included in the master association documents (see § 35-505 for design requirements).
5. 
Patios and decks in the rear yard areas of a townhouse dwelling unit, provided that no patio or deck shall be permitted unless a standard for such patios and/or decks has been approved by the Planning Board as part of the site plan approval and has been included in the master association documents.
6. 
Off-street car parking and private garages (see Subsection 35-411I hereinbelow for zoning requirements and § 35-511 for design requirements).
7. 
Signs (see Subsection 35-411K hereinbelow for zoning requirements and § 35-516 for design requirements).
8. 
Temporary construction trailers and one sign not exceeding 32 square feet, advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction beginning with the issuance of a construction permit and concluding one month after the issuance of a certificate of occupancy, provided said trailer(s) and sign are on the site where the construction is taking place, are not on any existing or proposed street or easement, and are set back at least 30 feet from all street and property lines. There shall be at least one working telephone in the trailer.
9. 
Bicycle parking and related facilities are encouraged.
E. 
Development Standards.
1. 
The standards contained in the Affordable Housing Overlay shall supersede the existing AR district standards for density, area, yard, frontage, height, and other bulk requirements. The remaining provisions of the Upper Freehold Township Land Use and Zoning regulations shall apply as appropriate.
a. 
Maximum Building Heights.
1) 
No principal townhouse or apartment building shall exceed 35 feet in height and 2 1/2 stories.
2) 
No recreation center building or clubhouse building shall exceed 32 feet in height and 2 1/2 stories.
3) 
No other accessory building, as may be approved by the Planning Board, shall exceed 25 feet in height and 1 1/2 stories.
4) 
See Subsection 35-402C for permitted exceptions.
b. 
Yard And Distance Requirements.
1) 
The minimum distance between any buildings shall be 20 feet.
2) 
The minimum setback from the tract boundary line for any parking area, loading area, internal roadway or drive aisle, except fencing integrated with the landscaping plan, shall be 20 feet.
3) 
For townhouse fee simple lots and buildings, a minimum twenty-foot front and rear yard area shall be provided.
c. 
Requirements For Buildings.
1) 
The exteriors of all buildings in a development, including any accessory buildings, shall be architecturally compatible and shall be constructed of complementary materials.
2) 
Where a building faces a street, driveway or off-street parking area, the building also shall have a front facade facing the street, driveway or off-street parking area.
3) 
All buildings shall have a dual-pitched, single-ridge roof (such as gable, hip, gambrel or mansard roof) with a minimum pitch of one foot vertical to 12 feet horizontal, and no flat roof shall be permitted.
4) 
The mechanical equipment serving the building(s) shall be screened from public view by the design of the building and/or by landscaping features integrated with the overall design of the building(s).
5) 
Efforts should be made to avoid concentrating affordable housing units within a single building, separate from market rate units.
d. 
Off-Street Parking, Private Garages, Driveways And Off-Street Loading.
1) 
Notwithstanding any other ordinance provisions to the contrary, each individual use shall be provided off-street parking spaces according to the following minimum provisions, provided that, in accordance with the Residential Site Improvement Standards (RSIS), the Planning Board can grant a de minimis exception and design waiver for a lesser number of parking spaces if the applicant can demonstrate that a lesser number of spaces is sufficient.
(a) 
Townhouses shall be provided 1.8 off-street spaces for each one-bedroom unit, 2.3 spaces for each two-bedroom unit, and 2.4 spaces for each three-bedroom townhouse unit. Where the bedroom count per dwelling unit is not specified, 2.3 spaces per unit shall be provided.
(b) 
Apartments shall be provided 1.8 off-street spaces for each one-bedroom unit, 2.0 spaces for each two-bedroom unit, and 2.1 spaces for each three-bedroom apartment unit. Where the bedroom count per dwelling unit is not specified, 2.0 spaces per unit shall be provided.
(c) 
For any residential unit, each garage space shall be counted as 1.0 off-street parking space, regardless of the length of the driveway.
[1] 
A one-car garage and driveway combination shall count as two off-street parking spaces for the subject unit, provided that the driveway measures a minimum of 18 feet in length between the face of the garage door and the right-of-way or between the face of the garage door and a sidewalk, whichever distance is less.
[2] 
A two-car garage and driveway combination shall count as 3 1/2 off-street parking spaces for the subject unit, provided that the driveway measures a minimum of 20 feet in width for a minimum 18 feet in length between the face of the garage door and the right-of-way or between the face of the garage door and a sidewalk, whichever distance is less.
2) 
All off-street parking spaces shall be located within 150 feet of the nearest building entrance of the townhouse unit or the apartment building for which the spaces are provided.
3) 
No residential dwelling unit shall have direct vehicular access to Route 524.
e. 
Density Requirements.
1) 
On Block 15 Lot 38, a maximum density of 10 dwelling units per acre shall be permitted for rental housing, and/or a maximum density of six dwelling units per acre for for-sale housing.
F. 
Affordable Housing Requirements.
1. 
At least 15% of all rental units shall be set aside for affordable housing as defined in N.J.A.C. 5:97.[1]
[1]
Editor's Note: The provisions of N.J.A.C. 5:97 expired 6-2-2015.
2. 
At least 20% of all for-sale units shall be set aside for affordable housing as defined in N.J.A.C. 5:97.[2]
[2]
Editor's Note: The provisions of N.J.A.C. 5:97 expired 6-2-2015.
3. 
At least 50% of the affordable units shall be affordable to very-low- and low income households. If only one affordable unit is created in a project, the unit shall be a very-low- or low-income unit.
4. 
At least 13% of the total number of affordable rental units shall be affordable to very-low-income households.
5. 
The affordable units shall be affirmatively marketed to the housing region in accordance with the Township's Affirmative Marketing Plan.
6. 
Affordability controls shall be maintained for a minimum of 30 years.
7. 
Rental increases shall be in accordance with percentage approved by COAH and/or its successors and assigned pursuant to applicable laws.
8. 
All affordable units shall be subject to the provisions of the Township's Affordable Housing Ordinance.
G. 
Trash And Recycling Requirements. Unless the curbside pickup of trash and recyclable materials is proposed by the applicant and approved by the Planning Board, an indoor or outdoor recycling area for the collection and storage of trash and recyclable materials shall be provided as follows:
1. 
The trash and recyclable material collection and pickup location shall be provided either within the building being served or in a nearby location outside the building.
2. 
If located outside the building, the trash and recyclable materials area shall include a steel-like, totally enclosed trash and garbage container and recyclable bins and shall be located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence or wall finished with materials used to construct the building(s) being served.
3. 
The dimension of the recycling area shall be consistent with the district recycling plan adopted pursuant to Section 3 of P.L. 1987, c.102 (N.J.S.A. 13:1E-99.13), as amended, and shall be sufficient to accommodate recycling bins or containers which are of adequate size and number, and which are consistent with anticipated usage and with current methods of collection.
4. 
The area provided for the collection and pickup of recyclable materials shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling areas, and the bins or containers placed therein, against theft of recyclable materials, bins or containers.
5. 
The area provided for the collection and pickup of recyclable materials, and the bins or containers placed therein, shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered so as to keep the paper or cardboard dry.
6. 
Signs clearly identifying the area provided for the collection and pickup of recyclable materials shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.
7. 
Landscaping, at least six feet in height at maturity, shall be provided around any outdoor trash or recycling area.
H. 
Permitted Signage.
1. 
One ground-mounted freestanding sign identifying the name of the development no larger than 50 square feet shall be permitted at the entrance to the development from Route 524.
a. 
The sign shall not exceed 10 feet in height and shall be set back at least 10 feet from all street and property lines.
b. 
Any sign illumination shall be external to the sign and shall be designed and oriented to prevent any sight of the lamp from any street or neighboring properties.
2. 
Additional signage within the interior of the site may be approved by the Planning Board for directional purposes or for other good cause shown by the applicant as part of the site plan approval.
I. 
Required Recreational Facilities. The development shall provide on-site recreational amenities within the specified open space in order to satisfy the needs of the anticipated residential population of the development.
1. 
For Block 15 Lot 38, a minimum area of 5% of the developable area, being at least 50 feet in width with a grade less than 5%, shall be required to be developed for active recreation.
2. 
All recreational facilities shall adhere to the standards set forth in the Barrier Free Subcode of the Uniform Construction Code of the State of New Jersey.
J. 
General Requirements.
1. 
Any development shall be planned and developed with a common architectural theme which shall be subject to review and approval by the Planning Board; the architectural theme shall include the appearance of buildings, signs, fencing, lighting, paving, curbing, and landscaping.
2. 
No development or improvements shall be constructed on any critical areas on the property.
3. 
Any development shall require that adequate sewage treatment and potable water facilities be provided.
4. 
No construction permit shall be issued for any dwelling unit, an addition thereto, or for an accessory structure unless the proposed construction is in accordance with the site plan as approved by the Planning Board. After the initial approval of the site plan, no application for a construction permit will be accepted by the Township for processing unless the application is accompanied by a statement from the master association that the proposed construction has been approved by the master association.
5. 
All portions of the tract not covered by buildings or structures (e.g., parking lots, parking spaces, loading areas, access aisles, driveways, sidewalks, walkways, curbs, trash enclosures, etc.) shall be suitably landscaped with grass, shrubs, and trees and shall be maintained in good condition.

§ 35-415 AFFORDABLE HOUSING OVERLAY ZONE DISTRICT- 4.

[Added 7-11-2019 by Ord. No. 303-19]
A. 
Purpose. In accordance with the executed Settlement Agreement by and between the Township and Fair Share Housing Center dated July 18, 2018, Docket No. MON-L-2536-15, the Township is obligated to create an affordable housing overlay zoning district on certain lands in the "CC" Community Commercial Zoning District permitting the construction of inclusionary developments which include an affordable housing set-aside affordable in accordance with the applicable rules of the New Jersey Council On Affordable Housing (COAH) in order to meet its constitutional obligation to provide for its fair share of affordable housing.
B. 
Property Description.
1. 
The following properties subject to this overlay include:
a. 
Block 15/Lots 37.03, 37.04, and 37.06.
b. 
Block 15.02/Lots 2 and 3.
C. 
Principal Uses Permitted and Required on the Land and in Buildings.
1. 
Apartments.
2. 
Townhomes.
3. 
For-sale housing is not permitted under this overlay.
D. 
Accessory Uses Permitted.
1. 
Common recreational facilities, recreation centers and/or clubhouses as specifically approved by the Planning Board within specified open space areas in order to satisfy the needs of the residential population of the development.
2. 
Landscaping features including benches, trellises, gazebos and other such features customarily associated with the permitted principal uses, as the case may be.
3. 
Underground sprinkler systems, provided that the water spray does not extend beyond the landscaped areas or beyond property lines.
4. 
Fences and walls shall only be permitted if specifically proposed by the developer and approved by the Planning Board as part of the site plan approval and/or if a standard for the location and type of the fences and/or walls has been approved by the Planning Board as part of the site plan approval and has been included in the master association documents (see Section 35-505 for design requirements).
5. 
Patios and decks in the rear yard areas of a townhouse dwelling unit, provided that no patio or deck shall be permitted unless a standard for such patios and/or decks has been approved by the Planning Board as part of the site plan approval and has been included in the master association documents.
6. 
Off-street car parking and private garages (see Subsection 35-411I hereinbelow for zoning requirements and § 35-511 for design requirements).
7. 
Signs (see Subsection 35-411K hereinbelow for zoning requirements and § 35-516 for design requirements).
8. 
Temporary construction trailers and one sign not exceeding 32 square feet, advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction beginning with the issuance of a construction permit and concluding one month after the issuance of a certificate of occupancy, provided said trailer(s) and sign are on the site where the construction is taking place, are not on any existing or proposed street or easement, and are set back at least 30 feet from all street and property lines. There shall be at least one working telephone in the trailer.
9. 
Bicycle parking and related facilities are encouraged.
E. 
Development Standards.
1. 
The standards contained in the Affordable Housing Overlay shall supersede the existing CC district standards for density, area, yard, frontage, height, and other bulk requirements. The remaining provisions of the Upper Freehold Township Land Use and Zoning regulations shall apply as appropriate.
a. 
Maximum Building Heights.
1) 
No principal townhouse or apartment building shall exceed 35 feet in height and 2 1/2 stories.
2) 
No recreation center building or clubhouse building shall exceed 32 feet in height and 2 1/2 stories.
3) 
No other accessory building, as may be approved by the Planning Board, shall exceed 25 feet in height and 1 1/2 stories.
4) 
See Subsection 35-402C for permitted exceptions.
b. 
Yard and Distance Requirements.
1) 
The minimum distance between any buildings shall be 20 feet.
2) 
The minimum setback from the tract boundary line for any parking area, loading area, internal roadway or drive aisle, except fencing integrated with the landscaping plan, shall be 20 feet.
3) 
For townhouse fee simple lots and buildings, a minimum twenty-foot front and rear yard area shall be provided.
c. 
Requirements for Buildings.
1) 
The exteriors of all buildings in a development, including any accessory buildings, shall be architecturally compatible and shall be constructed of complementary materials.
2) 
Where a building faces a street, driveway or off-street parking area, the building also shall have a front facade facing the street, driveway or off-street parking area.
3) 
All buildings shall have a dual-pitched, single-ridge roof (such as gable, hip, gambrel or mansard roof) with a minimum pitch of one foot vertical to 12 feet horizontal, and no flat roof shall be permitted.
4) 
The mechanical equipment serving the building(s) shall be screened from public view by the design of the building and/or by landscaping features integrated with the overall design of the building(s).
5) 
Efforts should be made to avoid concentrating affordable housing units within a single building, separate from market rate units.
d. 
Off-Street Parking, Private Garages, Driveways and Off-Street Loading.
1) 
Notwithstanding any other ordinance provisions to the contrary, each individual use shall be provided off-street parking spaces according to the following minimum provisions, provided that, in accordance with the Residential Site Improvement Standards (RSIS), the Planning Board can grant a de minimus exception and design waiver for a lesser number of parking spaces if the applicant can demonstrate that a lesser number of spaces is sufficient.
(a) 
Townhouses shall be provided 1.8 off-street spaces for each one-bedroom unit, 2.3 spaces for each two-bedroom unit, and 2.4 spaces for each three-bedroom townhouse unit. Where the bedroom count per dwelling unit is not specified, 2.3 spaces per unit shall be provided.
(b) 
Apartments shall be provided 1.8 off-street spaces for each one-bedroom unit, 2.0 spaces for each two-bedroom unit, and 2.1 spaces for each three-bedroom apartment unit. Where the bedroom count per dwelling unit is not specified, 2.0 spaces per unit shall be provided.
(c) 
For any residential unit, each garage space shall be counted as 1.0 off-street parking space, regardless of the length of the driveway.
[1] 
A one-car garage and driveway combination shall count as two off-street parking spaces for the subject unit, provided that the driveway measures a minimum of 18 feet in length between the face of the garage door and the right-of-way or between the face of the garage door and a sidewalk, whichever distance is less.
[2] 
A two-car garage and driveway combination shall count as 3 1/2 off-street parking spaces for the subject unit, provided that the driveway measures a minimum of 20 feet in width for a minimum 18 feet in length between the face of the garage door and the right-of-way or between the face of the garage door and a sidewalk, whichever distance is less.
2) 
All off-street parking spaces shall be located within 150 feet of the nearest building entrance of the townhouse unit or the apartment building for which the spaces are provided.
3) 
No dwelling shall have direct access to Route 524.
e. 
Density Requirements.
1) 
A maximum density of 10 dwelling units per acre shall be permitted for rental housing only.
F. 
Affordable Housing Requirements.
1. 
At least 15% of all rental units shall be set aside for affordable housing as defined in N.J.A.C. 5:97.[1]
[1]
Editor's Note: The provisions of N.J.A.C. 5:97 expired 6-2-2015.
2. 
At least 50% of the affordable units shall be affordable to very-low- and low-income households. If only one affordable unit is created in a project, the unit shall be a very-low- or low-income unit.
3. 
At least 13% of the total number of affordable rental units shall be affordable to very-low-income households.
4. 
The affordable units shall be affirmatively marketed to the housing region in accordance with the Township's Affirmative Marketing Plan.
5. 
Affordability controls shall be maintained for a minimum of 30 years.
6. 
Rental increases shall be in accordance with percentage approved by COAH and/or its successors and assigned pursuant to applicable laws.
7. 
All affordable units shall be subject to the provisions of the Township's Affordable Housing Ordinance.
G. 
Trash and Recycling Requirements. Unless the curbside pickup of trash and recyclable materials is proposed by the applicant and approved by the Planning Board, an indoor or outdoor recycling area for the collection and storage of trash and recyclable materials shall be provided as follows:
1. 
The trash and recyclable material collection and pickup location shall be provided either within the building being served or in a nearby location outside the building.
2. 
If located outside the building, the trash and recyclable materials area shall include a steel-like, totally enclosed trash and garbage container and recyclable bins and shall be located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence or wall finished with materials used to construct the building(s) being served.
3. 
The dimension of the recycling area shall be consistent with the district recycling plan adopted pursuant to Section 3 of P.L. 1987, c.102 (N.J.S.A. 13:1E-99.13), as amended, and shall be sufficient to accommodate recycling bins or containers which are of adequate size and number, and which are consistent with anticipated usage and with current methods of collection.
4. 
The area provided for the collection and pickup of recyclable materials shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling areas, and the bins or containers placed therein, against theft of recyclable materials, bins or containers.
5. 
The area provided for the collection and pickup of recyclable materials, and the bins or containers placed therein, shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered so as to keep the paper or cardboard dry.
6. 
Signs clearly identifying the area provided for the collection and pickup of recyclable materials shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.
7. 
Landscaping, at least six feet in height at maturity, shall be provided around any outdoor trash or recycling area.
H. 
Permitted Signage.
1. 
One ground-mounted freestanding sign identifying the name of the development no larger than 50 square feet shall be permitted at the entrance to the development from Route 524.
a. 
The sign shall not exceed 10 feet in height and shall be set back at least 10 feet from all street and property lines.
b. 
Any sign illumination shall be external to the sign and shall be designed and oriented to prevent any sight of the lamp from any street or neighboring properties.
2. 
Additional signage within the interior of the site may be approved by the Planning Board for directional purposes or for other good cause shown by the applicant as part of the site plan approval.
I. 
Required Recreational Facilities. The development shall provide on site recreational amenities within the specified open space in order to satisfy the needs of the anticipated residential population of the development.
1. 
A minimum area of 5% of the developable area, being at least 50 feet in width with a grade less than 5%, shall be required to be developed for active recreation.
2. 
All recreational facilities shall adhere to the standards set forth in the Barrier Free Subcode of the Uniform Construction Code of the State of New Jersey.
J. 
General Requirements.
1. 
Any development shall be planned and developed with a common architectural theme which shall be subject to review and approval by the Planning Board; the architectural theme shall include the appearance of buildings, signs, fencing, lighting, paving, curbing, and landscaping.
2. 
No development or improvements shall be constructed on any critical areas on the property.
3. 
Any development shall require that adequate sewage treatment and potable water facilities be provided.
4. 
No construction permit shall be issued for any dwelling unit, an addition thereto, or for an accessory structure unless the proposed construction is in accordance with the site plan as approved by the Planning Board. After the initial approval of the site plan, no application for a construction permit will be accepted by the Township for processing unless the application is accompanied by a statement from the master association that the proposed construction has been approved by the master association.
5. 
All portions of the tract not covered by buildings or structures (e.g., parking lots, parking spaces, loading areas, access aisles, driveways, sidewalks, walkways, curbs, trash enclosures, etc.) shall be suitably landscaped with grass, shrubs, and trees and shall be maintained in good condition.