Washington Township Morris County
City Zoning Code
City Zoning Code
ARTICLE VII
Conditional Uses
§ 217-60 General requirements.
A.
A conditional use is one listed as a conditional use in the particular zoning district. All such uses shall meet the provisions of Chapter 159, Site Plan Review, in addition to the specific conditions and standards set forth in this chapter. Reduction of area, yard, floor area and building requirements of one or more lots may be allowed by the Planning Board upon proof by the developer meeting the conditions of Chapter 111, Land Use Procedures, § 111-24C.
[Amended 12-19-1983 by Ord. No. 36-83]
B.
Prior to approval of planned developments, the Planning Board shall find the following facts and conclusions:
(1)
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to this chapter and site plan standards.
(2)
That the proposals for maintenance and conservation of the common open space are practical and that the amount, location and purpose of the common open space are adequate.
(3)
That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate.
(4)
That the proposed planned development will not have an unreasonable adverse impact upon the area in which it is proposed to be established.
(5)
In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
§ 217-61 Planned Unit Development (PUD).
A.
Purpose. The purpose of these provisions is to provide areas where mixed uses and mixed housing types can be designed as a single entity according to a plan. Flexibility in staging and design options are intended to provide the opportunity to build housing as required by the New Jersey Supreme Court's decision in Mount Laurel II, as well as least-cost housing, while maintaining a balance of services and design standards meeting the health, safety and welfare of the community. For developments not meeting the PUD criteria, the standards of the R-1/R-2 District shall apply.
[Amended 10-17-1983 by Ord. No. 24-83; 6-17-2002 by Ord. No. 22-02]
B.
Criteria for PUD development.
[Amended 10-17-1983 by Ord. No. 24-83]
(1)
Size. Minimum tract size: 100 acres.
(2)
Utilities required. All such developments shall be served by municipal sewers and municipal water.
(3)
Access. Principal access shall be from a collector road or higher use (wider) road.
(4)
Housing need compliance. Within the residential section of the PUD there shall be housing provided for the indigenous poor of Washington Township, as required by the Mount Laurel II decision. The minimum number of these types of units shall not be less than 10% of the maximum number of housing units being applied for in the PUD project. For example, if the PUD project proposes 500 housing units, the amount of housing required to meet the housing needs of the indigenous poor is 50 units.
C.
Administration and approvals.
(1)
Timing.
(a)
As part of preliminary site plan approval of the PUD, the Planning Board shall consider and establish a timing and staging schedule including the number and type of dwelling units to be constructed annually; timing of the construction and installation of improvements; and when recreation, commercial and service uses shall be completed.
(b)
The Planning Board shall consider, in its approval of the timing and staging schedule, the ability of the applicant to complete the work within the schedule, adequacy of municipal and private facilities needed to accommodate the residents of the PUD and adequacy of the design of each stage to stand independent of other phases at any time.
(c)
Approvals may stipulate that, before construction permits are issued for any subsequent stages of a PUD, previously approved phases shall be completed to the extent set forth in the approval.
(2)
Approvals. Granting of preliminary approval shall convey to the applicant all rights set forth in N.J.S.A. 40:55D-49. The applicant shall be required to submit each stage to the Planning Board for final approval.
D.
PUD Regulations.
(1)
Maximum density. A PUD shall be developed in such a manner so as to limit the maximum density to four dwelling units per acre except as noted below:
(3)
Housing type. Low- or moderate-income housing is permitted and encouraged in the PUD District.
(4)
Maximum height. No structure shall exceed 2 1/2 stories or 35 feet, measured from mean ground level on the side of the structure of greatest exposure.
(5)
Maximum number of units in a vertical plane. There shall be a maximum of two dwelling units or household units in any vertical plane.
(6)
Residential dwelling unit mix. No more than 40% of all dwelling units shall be in any one of the following four housing groups:
(8)
Common open space. Ownership and maintenance of common open space shall be regulated by § 175-62E of this chapter.
(9)
Open space and recreation. At least 25% of the tract shall be dedicated to open space and recreation area as specified in § 217-62E. In addition, the following conditions shall be met:
(a)
Any lands offered to the Township shall be at least five acres, be at least 300 feet wide in any direction, be graded and improved for the intended purpose, and be approved by the governing body. If acceptable to the Township, such lands shall be conveyed at the time of final plat approval.
(b)
Any lands to be dedicated to a homeowners association shall be graded and improved for the intended purpose; be conveyed at the time of final plat approval to a homeowners association created in accordance with § 175-62E and the Municipal Land Use Law[1]; be of sufficient dimension to serve the purpose intended plus allowance for perimeter buffer areas, spectator areas, bicycle parking, etc.; and be located as an integral part of the development with regard to vehicular and pedestrian access, convenience to homes, usability of the site due to physical characteristics and proper buffer planting, lighting, setbacks, maintenance vehicle access and similar operating considerations.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(c)
Formal recreation activities, such as swimming pools, court games, playgrounds and/or ballfields, shall be installed on a minimum of 10% of the gross tract area.
(d)
Where natural or historic features exist on the tract, such areas shall be retained and designed as an integral part of the plan by providing open access to the areas and orienting housing and locating street access in a way which uses these areas as focal points within the development.
(e)
Floodplains, wooded areas and areas with slopes exceeding 25% shall be included as natural features to be evaluated as part of the open space design. However, due to their limited utility, floodplains, swamps and slopes exceeding 25% shall count as 1/2 credit in determining compliance with the required amount of open space dedication.
(10)
Recreation facilities. The design of the recreational facility plan shall be reviewed by the Washington Township Recreation Commission.
(a)
Bikeways: six to eight feet in width; hard surface; maximum 10% grade, but lesser grades for sustained distances; and curb ramps installed at street crossings.
(b)
Playlots: 2,000 square feet for toddlers and up to 5,000 square feet for older preschool children. Facilities to include sandboxes, swings, slides and low climbing devices. Benches for parents should be included.
(11)
Each PUD shall prepare an overall circulation system including streets (specifying whether they are public or private), pedestrianways and bikeways.
(a)
In locations to which the public is attracted, e.g. shopping, jobs, recreation, etc., the plan shall incorporate a pedestrian/bikeway system to encourage the use of nonmotorized vehicles. This pedestrian/bikeway system need not be along the street system.
(b)
If necessary, a condition of approval will be the necessary widening, realignment, drainage, signalization and paving to bring the street up to current collector street specifications.
(12)
Utilities.
(a)
All utilities shall be installed underground.
(b)
Any electric transformers that may be required aboveground shall be outside any driveway or street sight triangle and may be required to be landscaped depending upon its size and location. If necessary to preserve proper sight distance, said facilities shall be located outside the street right-of-way but may be counted as part of the area of the lot on which they are located.
(c)
Adequate provision for garbage collection/storage facilities.
(13)
Buffering. The purpose of the buffer shall be to soften the major visual impact of the development. To meet this objective, the buffer may vary in width and /or planting intensity and plant material depending on existing topography and other conditions. In the absence of an alternate design approved by the Board for an effective buffer, a buffer at least 100 feet wide shall be established along all existing arterial and collector roads. This buffer area shall be planted with a mixture of deciduous and evergreen trees and shrubs in a manner approved by the Planning Board to provide an effective visual screen.
(14)
Energy conservation requirements. The design of the PUD shall conform to all applicable local, county, state and federal energy conservation requirements.
E.
Residential design standards.
(1)
The placement of individual structures and the design of neighborhoods and housing types shall be done in a manner using existing topographic and vegetative characteristics, or man-made contours and planting, to minimize the visual impact of a large development and to use such features to separate neighborhoods, screen major areas of improvements and soften the visual impact of buildings and paved areas.
(2)
Individual segments of the residential portion of the PUD may have design densities greater than the maximum density established for the entire tract, provided that sufficient open spaces are dedicated so the average density for the entire project is not exceeded and recreation areas are not reduced. The maximum design densities as outlined below shall be calculated on the area designated for each housing type, including the area for driveways, parking, building locations and yards, but excluding open space dedications.
(a)
Apartments: eight units per acre for two stories; 10 units per acre for 2 1/2 stories; except in each instance where a project is restricted to occupants aged 62 and over, these densities may be increased by 50%.
(b)
Townhouses, quadplexes, duplexes and other forms of attached units: six units per acre.
(3)
Apartments, townhouses, quadplexes and other forms of attached units shall have site plan approval. The configuration of apartments and structures may be at any alignment that meets the yard requirements and the following maximum overall or component building lengths: 160 feet on one plane; 240 feet on any angle. The approval authority may approve plans with the length deviating from these standards if adequate provisions are made for fire-vehicle access between structures, convenient vehicular access within the project, structural breaks, topographic and vegetative conditions to prevent the appearance of excessive structural lengths, maximizing vistas and views and an overall aesthetic appeal. The Planning Board will require Police and Fire Department and rescue squad approval relative to proposed deviations. Townhouse structures shall have not less than three nor more than six units in one townhouse building group. Accessory uses to apartments, townhouses, quadplexes and other forms of attached units shall not be permitted. Accessory uses shall only be permitted on detached single-family-house lots.
[Amended 12-17-1984 by Ord. No. 35-84]
(4)
Apartments.
(a)
Maximum lot coverage (building and paving): 30%.
(b)
Maximum floor area ratio: not applicable.
(c)
Minimum lot area: three acres.
(d)
Minimum lot width: 300 feet.
(e)
Minimum lot depth: 300 feet.
(f)
Minimum lot perimeter setback: three times the building height.
(g)
Minimum front yard: two times the building height.
(h)
Minimum side yard: same as building height.
(i)
Minimum rear yard: same as building height.
(j)
Maximum design density: eight units per acre.
(k)
Minimum distance between buildings: two times the building height.
(5)
Townhouses.
Portion of Total Tract Used for Townhouses | Per Townhouse Lot | |
|---|---|---|
Maximum coverage* | 30% | 60% |
Minimum area | 4 acres | 2,400 square feet |
Minimum width | 300 feet | 24 feet |
Minimum depth | 300 feet | 50 feet |
Minimum perimeter setback | 3 times building height | |
Minimum front yard | Not applicable | 30 feet |
Minimum side yard | Not applicable | 0 feet for interior units, same as building height for nd units |
Minimum rear yard | Not applicable | Same as building height |
Maximum design density | Not applicable | 6 units per acre |
Maximum unit size | 3 bedrooms | |
Minimum distance between buildings | Twice side yard | |
NOTES: *Building and paving. | ||
(6)
Duplex/quadplex housing.
Duplex | Quadplex | |
|---|---|---|
Maximum lot coverage* | 45% | 45% |
Minimum lot area | See Note 1 | See Note 1 |
Minimum lot width | See Note 2 | See Note 2 |
Minimum lot depth | 100 square feet | 100 square feet |
Minimum front yard | 25 feet | 25 feet |
Minimum side yard | See Note 3 | See Note 3 |
Minimum rear yard | 25 feet | 25 feet |
Maximum design density | 6 units per acre | 6 units per acre |
Maximum size unit | 3 bedrooms | 3 bedrooms |
NOTES: * Building and paving. | ||
Note 1: Each unit in a duplex or quadplex shall have 4,000 square feet of land area. For a duplex this shall be either in the form of one lot of 8,000 square feet for both units or two abutting lots of 4,000 square feet. For a quadplex, there shall be one contiguous area of at least 16,000 square feet, which can be subdivided into smaller lots for individual units. | ||
Note 2: Each duplex shall have a lot width of at least 70 feet and each quadplex 140 feet. The lot width per unit may vary depending on the ability of the design to handle resident and guest parking and maintaining setback requirements. | ||
Note 3: Side yards for duplexes and quadplexes shall be zero feet on attached sides, but not less than the equivalent of 0.75 times the building height on the outside wall, provided that a side yard of at least 15 feet is maintained where a driveway is located between the building and the side yard. | ||
(7)
Patio home; zero lot line home.
(a)
Maximum lot coverage (building and paving): 40%.
(b)
Minimum lot area: four acres.
(c)
Minimum lot width: lot area divided by 100.
(d)
Minimum lot depth: 100 feet.
(e)
Minimum front yard: 30 feet.
(f)
Minimum side yard: zero on one side; equal to 0.75 times the building height on the other side, with a minimum of 15 feet if the driveway passes between the building and the side lot line.
(g)
Minimum rear yard: 30 feet.
(h)
Maximum design density: five units per acre.
(i)
Maximum size unit: three bedrooms.
(8)
Detached single-family house.
(a)
Maximum lot coverage (building and paving): 30%.
(b)
Minimum lot area: 10,000 square feet. Corner lots shall have a minimum lot area of 12,000 square feet.
(c)
Minimum lot width: 80 feet.
(d)
Minimum lot depth: 100 feet. For lots 15,000 square feet and larger, the lot width shall be not less than half the lot depth.
(e)
Minimum front yard: 40 feet.
(f)
Minimum side yard: 15 feet. One side yard may be reduced by no more than five feet to accommodate a one-story garage or other one-story addition to that side of the building, except where the driveway passes between the building and the side lot line, the side yard shall remain 15 feet.
(g)
Minimum rear yard: 40 feet.
(h)
Maximum size unit: four bedrooms.
(9)
Circulation and off-street parking.
(a)
(b)
In apartment, townhouse, quadplex, duplex and other forms of attached and multifamily housing, if there are assigned spaces to each unit, (e.g., a garage, numbered spaces, driveways to each unit or some other design that restricts or tends to restrict parking spaces to particular units), unassigned spaces shall be dispersed throughout the project in groups of five or more spaces located convenient to those units having the assigned spaces.
(c)
Separate parking areas shall be designed within the PUD to accommodate boats, campers and other recreational vehicles. On lots for single family detached units of 15,000 square feet and larger, said vehicles shall be parked in either the side or rear yards.
(d)
A single width driveway to a garage shall be counted as one space.
(e)
Single-family dwellings shall have driveway width of at least 10 feet wide.
(f)
Within a PUD project, commuter parking areas and bus/and commuter van stops shall be considered in the overall circulation and parking design. Such features, if determined necessary and/or advisable, shall be located within the project and, by way of illustration but not of limitation, could be an enlarged parking area in the industrial park or shopping center or one or more special parking areas. Bus and commuter van stops shall be designated at these special parking areas as well as other key locations.
(g)
All applications shall comply with the minimum standards set forth in Chapter 159, Site Plan Review § 159-39A(3).
F.
Nonresidential design standards.
(1)
The placement of individual structures and their design shall be done in a manner using existing topographic and vegetative characteristics, or man-made contours and planting, to minimize the visual impact of a large structure and development and to use such features to separate uses, screen major areas of improvements and soften the visual impact of buildings and paved areas.
(2)
Light industrial, office and office research/laboratory or retail.
§ 217-62 Veteran's micro housing unit. [1]
[Added 9-17-2018 by Ord. No. 14-18]
A.
The veteran's micro housing unit shall be subject to conditional use review and approval by the Planning Board.
(1)
Notice of an application for conditional use approval of a veteran's micro housing unit shall be given to the owners of all real property as shown on the current tax duplicates, located in the state and within 200 feet in all directions of the property which is the subject of the conditional use application.
(2)
The conditional use application fee shall be waived for a bona fide 501(c)(3) organization dedicated to the provision of micro housing for a United States veteran. Such evidence shall be provided to the Planning Board at the time of application.
(3)
A maximum of five veteran's micro housing units shall be permitted in Washington Township.
B.
The applicant shall provide a plan for the proposed veteran's micro housing unit, which provides sufficient information for the Planning Board to determine that all ordinance requirements for the veteran's micro housing unit will be met.
(1)
The application for a veteran's micro housing unit shall be jointly filed by the property owner and a qualified 501(c)(3) organization as co-applicants.
C.
The housing unit shall not exceed 300 square feet in area and 13.5 feet in height and it shall be constructed or sponsored by a 501(c)(3) organization dedicated to the provision of micro housing units for United States veterans.
D.
The veteran's micro housing unit shall be installed only on a commercial farm as that term is defined in N.J.S.A. 4:1C-3.
E.
The commercial farm, which may be a lot or combination of lots comprising the commercial farm, upon which the veteran's micro housing unit is installed, shall include an occupied single-family detached dwelling.
F.
There shall be not more than one veteran's micro housing unit permitted per lot.
G.
The veteran's micro housing unit and its installation shall conform to all applicable building and fire code requirements, including the National Fire Protection Association (NFPA) standards for manufactured housing.
H.
Occupancy of the unit shall be limited to one person who shall be a veteran of the United States Armed Forces.
I.
The veteran's micro housing unit shall be located out of public view such as behind an existing building (in which case it shall conform to the principal building setback requirements for the zone in which it is located).
(1)
There shall be no substantial change to the appearance of the lot as viewed from off site. The Planning Board may require landscaping or some other form of screening to limit visibility of the unit from off site.
J.
The veteran's micro housing unit shall be set back at least 100 feet from a public road or right-of-way and shielded from public view.
K.
The property owner and the qualified 501(c)(3) organization as sponsor of the veteran's micro housing unit shall certify annually to the Township Administrator by January 15 of each year that the unit remains occupied by a United States veteran. When the unit is no longer occupied by a United States veteran for a period of three consecutive months, at the direction of the Township Administrator the veteran's micro housing unit shall be removed from the property on which it is located, which removal shall be documented, in writing, to the Township Administrator. The Township Administrator may order removal of the unit from the property if the annual certification is not submitted to the Township Administrator.
L.
Prior to a change in occupancy of the unit by a qualified veteran, the property owner and the qualified 501(c)(3) organization shall recertify as per the above that the unit shall remain occupied by a qualified United States veteran.
M.
When a veteran's micro housing unit has been removed from a site that has previously received conditional use approval, and a unit is proposed to be returned to the same site or lot or property, a new conditional use application shall be submitted to the Planning Board for approval in accordance with the provisions of this section prior to reinstalling the veteran's micro housing unit on the site.
N.
The veterans' micro housing unit shall be provided with adequate potable water and wastewater disposal, which shall be demonstrated by obtaining Board of Health approval prior to installation or occupancy of the unit.
(1)
Subject to Board of Health approval, the veteran's micro housing unit may utilize a composting toilet.
O.
Evidence that the veteran's micro housing unit will be provided with adequate utilities shall be submitted, which shall be installed in accordance with applicable codes.
(1)
A veteran's micro housing unit may be powered by a solar photovoltaic energy system, which shall be wholly installed on and within the housing unit, and shall be subject to approval by the Electrical Subcode Official.
P.
At least one off-street parking space shall be provided in addition to parking otherwise required.
§ 217-63 Essential services.
A.
Essential services, as defined in § 217-3, shall be permitted in all zones. Because of the wide range of uses which constitute essential services, no specific regulations are contained in this chapter. Each use shall be evaluated by the Planning Board and standards imposed based on the following:
B.
The Planning Board may require alternate siting arrangements and provisions for parking and loading spaces and for screening, fencing, buffers and lighting.
§ 217-64 (Reserved). [1]
§ 217-65 (Reserved). [1]
[1]
Editor's Note: Former § 217-65, County clubs, swimming clubs, tennis clubs and outdoor recreational facilities, was repealed 3-20-2000 by Ord. No. 2-00.
§ 217-66 (Reserved). [1]
§ 217-67 Animal hospitals and kennels.
Animal hospitals and kennels shall meet the following requirements:
A.
Such uses shall be on minimum lots of five acres.
B.
Structures housing animals and exercise areas for animals shall be at least 200 feet from any residence on adjacent or abutting lots and/or 200 feet from any required front, side or rear yard setback lines of adjacent or abutting lots when these lots are vacant.
C.
Minimum front and side yards shall be at least 100 feet each except if abutting a residence or a residential zone. Then the Planning Board may require additional setbacks to provide adequate buffers and to protect adjacent uses from nuisance characteristics.
D.
The maximum height of such uses shall be two stories or 25 feet.
§ 217-68 New car, farm machinery, construction equipment and recreational vehicle sales.
A.
Such uses shall have a minimum lot area of five acres.
B.
Used cars, machinery, equipment or vehicles shall not be sold except as an accessory use to a new car, machinery or equipment dealer.
C.
There shall be at least one building in conjunction with the use which shall contain not less than 10,000 square feet of usable floor area.
D.
The area devoted to outside display of new and used cars, machinery, equipment or vehicles shall not exceed the area of the building or 25% of the total lot area, whichever is greater. All outdoor display and service areas including driveways and parking facilities shall be paved. Vehicles, machinery and construction equipment shall be kept at least 25 feet from the rights-of-way and property lines and be neatly arranged on the lot.
E.
Display lighting shall be shielded and shall be so located and maintained as not to constitute a hazard or nuisance to the traveling public or to neighbors. In particular, so-called "string lights" shall not be permitted.
F.
The Planning Board may impose other reasonable restrictions on these uses as part of site plan review.
§ 217-69 Planned developments.
A.
General. The standard provisions of this chapter require a separate ground area, referred to in this chapter as a lot, which must be designated, provided and continuously maintained for each structure or use. Pursuant to the procedure hereinafter set forth, two or more such structures may be erected and maintained on the same lot as part of a planned development group. The procedure is intended to permit diversification in the location of structures and to improve circulation facilities and other site qualities while ensuing adequate standards relating to public health, safety, welfare and convenience in the use and occupancy of buildings and facilities in development groups.
B.
Where permitted. Planned developments shall be permitted in the I Zone.
C.
Uses allowed. Only those uses listed as principal permitted uses, permitted accessory uses, or conditional uses in the I Zone shall be permitted in the proposed planned development.
F.
Maximum coverage. The aggregate coverage of all structures and building shall not exceed that required for the I Zone.
G.
Design considerations. In approving any planned development, the Planning Board shall give careful consideration to circulation, parking, utilities, signs, aesthetics, lighting, landscaping and buffers.
H.
Required agreements. Applicants shall submit documentation to the Planning Board to ensure that all common facilities such as parking, signs, roads, drainage structures, utilities, lights and similar facilities shall be maintained and operated in accordance with the approved site plan.
§ 217-70 Multiple dwellings; R-MDU uses.
Multiple dwelling uses shall be considered conditional uses in all R-MDU Zones and shall meet the following criteria:
A.
Uses permitted.
(1)
Single-family attached, garden apartments, two- or four-family units and patio or zero line dwellings, provided that no one type of housing unit shall exceed 60% of the total number dwelling units.
(2)
At least 5% minimum or a maximum of 10% of the gross tract area must be developed with retail and service uses designed primarily to serve the residents of the multiple dwelling unit. Specifically excluded uses include bars, fraternal organizations, funeral homes, printing and publishing and gasoline service stations.
B.
Minimum tract size. Not less than five acres.
C.
Utilities required. All such developments shall be served by public sewers and water.
D.
Maximum density. Not more than six dwelling units per gross acre except as noted below:
(1)
Lands with grades of 15% or greater shall be calculated for density purposes as set forth in § 217-38.
(2)
Land in floodways shall not be considered for density purposes.
(3)
Existing easements shall not be considered for density purposes.
(4)
Land used for retail and service uses shall not be considered for density purposes.
E.
Access. Principal access shall be from a collector road or higher use (wider) road.
F.
Design. The standards and principles for design set forth in Chapter 159, Site Plan Review, shall be used in the design of multiple dwelling uses.
G.
Maximum height. No structure shall exceed 35 feet or 2 1/2 stories, measured on side of greatest exposure from mean ground level.
H.
Common open space. At least 35% of the gross area shall be reserved as common open space and shall be regulated by § 217-61J of this chapter.
I.
Improvements. As part of its approval of an MDU, the Planning Board shall approve an improvement plan in the same manner and method as set forth in Chapter 175, Subdivision of Land. No building permits shall be issued until all improvements have been installed or bonded. The Township Committee may waive final landscaping, sidewalks, shade trees, monuments and the final seal coat of roads for a stated period of time for certificates of occupancy.
§ 217-71 Riding stables.
A.
Definition. A riding stable is a building or group of buildings that houses equestrian animals used for instruction and/or that are either boarded, rented or leased for a specific time period.
B.
Design details.
(1)
Such uses shall be located on a tract of land not less than 25 acres.
(2)
All principal and accessory buildings, including riding rings, shall be set back a minimum of 200 feet from all property lines.
(3)
All outdoor lighting shall be shielded and arranged in such a manner that the direct source of light shall not be visible from any adjoining property.
(4)
Adequate off-street parking shall be provided in accordance with the Chapter 159, Site Plan Review.
(5)
Landscaping shall be provided as approved by the Planning Board.
(6)
Such use shall be approved by the Township Board of Health.
(7)
All other provisions of this section as well as other applicable local and state requirements shall be complied with.
§ 217-72 Accessory apartments within a single-family residence. [1]
[Added 9-19-2022 by Ord. No. 10-22]
A.
The number of apartments within a single-family residence shall be limited to one and shall be located within the principal building.
B.
Not more than 25% of the floor area of the principal building may be used for the apartment.
C.
The applicant shall demonstrate that adequate off-street parking is available for the combination of the principal residential use and the apartment.
D.
The exterior appearance of the principal structure shall not be substantially altered or its appearance as a single-family residence changed.
E.
The minimum size of apartments shall conform to FHA minimum unit size by bedroom count.
F.
The occupants of the apartment shall be limited to the mother, father, son, daughter, brother, sister, grandparent (in any degree) and/or grandchild (in any degree), together with their respective spouses and children, of one of the principal occupants of the single-family residence.
G.
At such time as the apartment becomes unoccupied, or at such time as the occupants of the apartment do not, or no longer, bear the requisite relationship (by blood or marriage) to a principal occupant of the single-family residence pursuant to Subsection F of this section, the conditional use approval shall terminate. In the event that ownership of the premises changes, there shall be a rebuttable presumption that such requisite relationship no longer exists.
H.
The owner of the premises which has been granted approval for such conditional use shall certify annually, on a form provided by the Municipal Housing Liaison, that the conditions for the conditional use are still being satisfied.
[1]
Editor's Note: Former § 217-72, Large-scale office and research uses, was repealed 4-19-1999 by Ord. No. 5-99.
§ 217-73 Residences as part of businesses. [1]
As part of any business establishment in a C-1 Zone, two dwelling units may be constructed in the same structure in accordance with the following requirements:
A.
There shall be minimum of 600 square feet for each dwelling unit.
B.
The dwelling unit shall not be on the same floor as the business use.
C.
There shall be separate means of ingress and egress to each dwelling.[2]
[2]
Editor's Note: Former Section 17-8.16, Single-Family Detached housing, added 12-19-1983 by Ord. No. 32-84; amended 7-16-1984 by Ord. No. 19-84; 12-17-1984 by Ord. No. 35-84; 6-21-1993 by Ord. No. 17-93 was repealed 5-18-1998 by Ord. No. 16-98.
[1]
Editor's Note: Former Subsection 17-8.14, Trailer Courts or Mobile Home Parks, amended 10-17-1983 by Ord. No. 24-83, which immediately preceded this section, was repealed 3-30-1989 by Ord. No. 4-89.
§ 217-74 Golf courses approved prior to Jaunary 1, 2000.
A.
The golf course shall be a minimum of 100 contiguous acres.
C.
No device shall be used so as to create noise beyond any lot line.
D.
Any structure shall be set back 100 feet from a lot line and screened from view by landscaping and/or fencing, to be determined by the Planning Board at the time of plan review.
E.
One indirectly illuminated sign at the entrance driveway is permitted. Such sign shall be set back at least 25 feet from any lot line and shall not exceed 16 square feet in area.
F.
Entrance to the golf course shall be directly from a collector, primary collector or arterial classified road.
G.
Fairways and paths shall be located at least 50 feet from any lot line. This fifty-foot buffer area will be suitable and attractively landscaped.
H.
Lights or illumination shall be located and/or shielded to prevent glare or illumination beyond any lot line.
I.
Reasonable requirements shall be established to minimize any adverse impact on surrounding areas.
[1]
Editor's Note: Former Subsection 17-8.17, Golf Course, added 4-16-1990 by Ord. No. 12-90, was repealed 4-15-1996 by Ord. No. 13-96. This ordinance provided for its reinstatement.
§ 217-74.1 Golf courses approved on or after January 1, 2000.
[Added 3-20-2000 by Ord. No. 2-00]
A.
The tract on which the golf course is to be constructed shall comprise at least 150 acres for the first 18 holes and an additional 75 acres for each additional nine holes.
B.
The length of the golf course shall be not less than 6,500 yards.
C.
The golf course shall be the sole principal use of the tract and no residential development shall be constructed on the same tract with the golf course.
D.
There shall be direct driveway access from a collector or arterial road as shown on the Circulation Plan Element of the Washington Township Master Plan.
E.
Dining facilities may include restaurant and banquet facilities and a bar and grill as accessory uses to the golf course, provided that the total seating does not exceed 300. The floor area of the dining area(s), bar, kitchen and related facilities shall not exceed 10,000 square feet. Up to 10% of the permitted seating may be outdoors, provided that such outdoor dining area is only utilized from dawn to dusk. Up to 10% of permitted seating may be used for bar seating, and bar seating shall be limited to 10% of facilities.
§ 217-75 Bed-and-breakfast inn.
[Added 11-18-1991 by Ord. No. 30-91]
A bed-and-breakfast inn is permitted as a conditional use in the Historic Preservation Overlay Zone in accordance with the following standards and criteria:
A.
The principal use of the premises shall be a single-family residence. A bed-and-breakfast inn shall be operated only by the residents of the premises who have their principal domicile at the premises and shall be considered to be an accessory or subordinate use to the single-family residence.
B.
No bed-and-breakfast inn shall be operated on a lot which fails to meet the minimum lot size for the zoning district in which it is located.
C.
Minimum number of off-street parking spaces: two off-street parking spaces for the principal domiciled resident household of the dwelling, plus one additional space for each room approved for use for guests.
D.
Off-street parking spaces for a bed-and-breakfast inn shall be permitted only in the side or rear areas of the property. No parking is allowed in the front yard area.
E.
Off-street parking may be provided on a proximate property within 200 feet of the bed-and-breakfast inn property, provided that there is conformance with all requirements herein.
G.
There shall be no visible indication of the bed-and-breakfast inn use from the road or adjacent properties with the exception of one two-sided four-square-foot sign.
H.
Each application shall be accompanied by a certification from the Board of Health that the current septic system and water supply are adequate for the proposed use as a bed-and-breakfast inn, and a certification from the Construction Official that the building is in compliance with the provisions of Chapter 56, Building Construction, all other applicable Township ordinances, the Uniform Fire Safety Act[1] and the Uniform Construction Code Act[2] and such other state statutes and regulations as may be applicable.
I.
No more than five rooms shall be used as guest rooms for bed-and-breakfast transients, nor shall more than 12 persons be registered as guests of the bed-and-breakfast inn at any one time. Guest occupancy shall be limited to 21 consecutive days or not more than 21 days in any period of 24 consecutive days.
J.
Bed-and-breakfast inns shall provide breakfast for registered guests in the forenoon of each day, and no alcoholic beverages may be sold and no other meals may be served or sold to registered guests. No food or beverages of any kind shall be served or sold to the general public on the premises.
K.
No cooking facility shall be allowed in any guest room.
L.
No smoking shall be allowed in any guest room.
M.
Bed-and-breakfast inns shall be registered with the Bureau of Housing Inspection in the Division of Housing and Development in the Department of Community Affairs.
N.
All applicants shall be required to obtain a food handler's license.
O.
No premises shall commence to be used as a bed-and-breakfast inn until after the issuance of a conditional use permit by the Planning Board and review by the Historic Preservation Commission, who shall make a recommendation to the Planning Board that the proposed use furthers the goals and objectives of the Historic Preservation Overlay Zone.
P.
There shall be a finding by the Planning Board that the bed-and-breakfast inn use furthers the goals and objectives of the Historic Preservation Overlay Zone and is generally compatible with surrounding uses.
§ 217-76 Conditional use standards for location of wireless telecommunications towers.
[Added 3-17-1997 by Ord. No. 9-97; amended 4-20-1998 by Ord. No. 12-98; amended 3-15-1999 by Ord. No. 4-99[1]; 11-19-2001 by Ord. No. 35-01; 6-15-2009 by Ord. No. 14-09]
A.
Location priority. If needed in accordance with an overall Comprehensive Plan for the provision of full wireless telecommunications service within the Township of Washington area, wireless telecommunications towers, where permitted as a conditional use, shall be in accordance with the following prioritized locations:
(1)
The first priority location shall be co-location on existing wireless telecommunications towers (or existing water tanks) or other appropriate structures, such as high tension towers, provided that the new installation does not increase the height by more than 10%; and
(2)
The second priority location shall be on such locations as the applicant proves are essential to provide required service to the Township of Washington area.
B.
Government agencies. Communications towers or antennas owned, operated or used by the Township of Washington or located on property owned by the Township of Washington and used for public purposes shall be exempt from the requirements of this section, provided that a license or lease authorizing such antenna or tower on land owned by the Township has been approved by the Township Committee and further provided that the Township affords the public a meaningful opportunity to be heard on the project. As a condition of any such license or lease, the Township Committee may require site plan approval or may exempt the applicant from site plan approval. The decision to extend such license or lease to an applicant shall be vested solely with the Township Committee and shall not be governed by this section. The Township, in its absolute discretion, reserves the express right to deny all use of its property for antennas or towers. Preexisting towers and antennas are exempt from this section.
C.
Specific conditions.
(1)
An applicant to construct a wireless telecommunications tower shall present documentary evidence regarding the need for cellular antennas at the proposed location. This information shall identify the wireless network layout and coverage areas to demonstrate the need for such equipment at a specific location within the Township.
(2)
An applicant proposing to erect a new wireless telecommunications tower shall provide documentary evidence that a good faith and thorough attempt has been made to locate the antennas on existing buildings, structures or towers that have existing wireless communications antennas within the applicant's coverage area. Such evidence shall include a radio frequency engineering analysis of the potential suitability of existing buildings or structures or existing towers in the search areas for such antennas. Efforts to secure such locations shall be documented though correspondence between the wireless telecommunications provider and the property owner(s) of the existing buildings or structures or tower sites. The Township reserves the right to engage a professional radio frequency engineer to review such documentation. This requirement includes co-location on buildings, structures and towers currently being developed and those subject to pending applications before the Township approving authorities.
(3)
Applicants proposing to construct new wireless telecommunications towers shall document the locations of all existing telecommunications towers within the Township of Washington and surrounding areas with coverage in the Township and any changes proposed within the following twelve-month period, including plans for new locations and the discontinuance or relocation of existing facilities. Applicants shall provide competent testimony by a radio frequency engineer regarding the suitability of potential locations in light of the design of the wireless telecommunications network. When a suitable location on an existing tower is found to exist, but an applicant is unable to secure an agreement to co-locate its equipment on such tower, the applicant shall provide written evidence of correspondence with the owner of such tower verifying that suitable space is not available on the existing tower(s). Where an applicant to construct a new tower is not a wireless service provider, the applicant shall prove that adequate wireless telecommunications services, sufficient to meet the requirements of the Telecommunications Act of 1996, cannot be provided without the proposed tower.
(4)
Site location alternative analysis. Each applicant shall include a site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reason why the subject site was not chosen. The analysis shall include the following issues:
(a)
How the proposed location of the wireless telecommunications tower relates to the objective of providing full wireless communications services within the Township of Washington area.
(b)
How the proposed location of the proposed wireless telecommunications tower relates to the location of any existing antennas within and near the Township of Washington area.
(c)
How the proposed location of the wireless telecommunications tower relates to the anticipated need for additional antennas within and near the Township of Washington area by the applicant and by other providers of wireless communications services within the Township of Washington area.
(d)
How the proposed location of the wireless telecommunications tower relates to the objective of co-locating the antennas of many different providers of wireless communications services on the same wireless telecommunications tower.
(e)
How its plan specifically relates to and is coordinated with the needs of all other providers of wireless communications services within the Township of Washington area.
(f)
The Planning Board or Zoning Board, as is appropriate, may retain technical consultants as it deems necessary to provide assistance in the review of the site location alternative analysis. The service provider shall bear the reasonable costs associated with such consultation.
D.
Bulk requirements. When an applicant to construct a wireless telecommunications tower demonstrates to the satisfaction of the reviewing agency that suitable locations on existing buildings or structures either do not exist or are not available, the applicant may erect a new telecommunications tower according to the following requirements:
(1)
Minimum setback of tower and equipment compound from any adjoining lot line and all nonappurtenant structures: 200 feet or 200% of the height of tower, whichever is greater, provided that distance is not closer than the building setback applicable to the zone district, and further provided that no tower shall be constructed within a required wetlands buffer or conservation easement area.
(3)
An existing tower may be modified or rebuilt to a greater height, but not to exceed the maximum tower height set forth above.
E.
Separation requirements. No wireless telecommunications tower shall be erected within 500 feet or 300% of the height of the tower, whichever is greater, of any of the following:
(1)
Any residence not located on the subject property.
(2)
Public buildings, such as public and private schools, libraries, senior citizen centers, public parks and playgrounds and houses of worship.
(3)
Historic district or any historic site listed or designated as eligible for listing on the National and/or State Register of Historic Places.
F.
Antenna modifications and tower certification. Wireless telecommunications towers must be constructed and used in accordance with the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) Revision F Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended, and in accordance with standards of the FAA, FCC and any other agency of the state or federal government with authority to regulate towers and antennas, including the Building Officials and Code Administrators (BOCA) International, Inc. Code. Operators of wireless telecommunications towers shall provide to the Township of Washington an annual report from a licensed professional engineer certifying the structural integrity of the tower, together with all antennas mounted thereon, and that they meet applicable current minimum safety requirements. Such report shall also be provided whenever antenna arrays are modified and shall include a detailed listing of all antennas and equipment so certified. Vendors shall also be required to notify the Township of Washington when the use of such antennas and equipment is discontinued. If the annual report discloses that the condition of any tower presents an imminent hazard to the public health, safety and welfare, the Township Engineer shall order the owner of the tower to take appropriate corrective action, including, if necessary, the removal of the tower to protect the public health, safety and welfare. Wireless telecommunications towers shall be maintained to assure the continued structural integrity. The owner of the tower shall also perform such other maintenance of the structure and of the site as to assure that it does not create a visual nuisance.
G.
Abandonment and removal. Wireless telecommunications towers and equipment which are not operated for wireless telecommunications purposes for a continuous period of six months shall be considered abandoned and shall be removed by the facility owner at its cost. This removal shall occur within 90 days of receipt of notice from the Township of such abandonment. If such wireless telecommunications tower is not removed within said 90 days, the municipality may remove such tower at the owner's expense. If the facility is to be retained, the owner shall provide proof that the facility will be reused within one year of such discontinuance. If a facility is not reused within one year, a demolition permit shall be obtained and the facility removed. Upon removal, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at time of abandonment. The facility owner shall post a bond at the time that a construction permit is issued in an amount not less than 120% of the cost to remove the tower and restore the property, as determined by the Township Engineer, to cover the costs of tower removal and site restoration. The amount of the bond shall have taken into consideration cost escalations.
H.
Co-location required.
(1)
Authorization for the construction of a new wireless telecommunications tower shall be conditioned on agreement by the tower owner that other cellular service providers will be permitted to co-locate on the proposed tower within the limits of structural and radio frequency engineering requirements and at rates which reflect the fair market price for such service. As part of the application for tower approval, the applicant shall document the extent to which additional equipment could be mounted on the tower and the types of equipment which could be accommodated.
(2)
Ordinance limitations on the number of structures on a lot shall not apply when wireless telecommunications towers and equipment are located on a lot with buildings or structures already on it.
I.
Monopole and stealth construction. Monopole or stealth tower construction shall be utilized in all cases unless it can be conclusively demonstrated that monopole or stealth construction is not suitable for a specific location or application or that a different type pole is necessary for the co-location of additional antennas on the tower.
J.
Fencing and/or other safety devices. Wireless telecommunications towers and equipment buildings and compounds shall be surrounded by a security feature such as a fence in accordance with § 217-57. All towers shall be designed with anticlimbing devices in order to prevent unauthorized access. Additional safety devices shall be permitted or required, as needed, and as approved by the Planning Board or Zoning Board as may be necessary.
K.
Landscaping. Landscaping shall be provided along the perimeter of the security fence to provide a visual screen or buffer for adjoining private properties and the public right-of-way. Required front yard setbacks shall be landscaped. All equipment, buildings and compounds shall be screened in accordance with § 217-57.
L.
Signs. Signs shall not be permitted except for signs displaying owner contact information, warnings, equipment information and safety instructions. Such signs shall not exceed two square feet in area. No commercial advertising shall be permitted on any wireless telecommunications tower or equipment building.
M.
Color. Wireless telecommunications towers shall be of a color appropriate to the tower's locational context and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA). Wireless telecommunications towers and antennas shall also comply with the provisions of § 217-57.
N.
Activity and access. All equipment shall be designed and automated to the greatest extent possible in order to reduce the need for on-site maintenance and thereby to minimize the need for vehicular trips to and from the site. Access rate shall be from established site access points whenever possible. Minimal off-street parking shall be permitted as needed and as approved by the Planning Board.
O.
Dish antennas. Dish antennas shall be colored, camouflaged or screened to make them as unobtrusive as possible, and in no case shall the diameter of a dish antenna exceed six feet.
P.
Lighting. No lighting is permitted except as follows:
(1)
Equipment, buildings and compounds may have security and safety lighting at the entrance, provided that the light is attached to the facility, is focused downward and is on timing devices and/or sensors so that the light is turned off when not needed for safety or security purposes; and
(2)
No lighting is permitted on a wireless telecommunications tower except lighting that specifically is required by the Federal Aviation Administration (FAA), and any such required lighting shall be focused and shielded to the greatest extent possible so as to not project towards adjacent and nearby properties.
R.
Radio frequency emissions. The FTA gives the FCC sole jurisdiction of the field of regulation of radio frequency (RF) emission, and wireless telecommunications towers which meet the FCC standards shall not be conditioned or denied on the basis of RF impacts. Applicants shall provide current FCC information concerning wireless telecommunications towers and radio frequency emission standards. Applicants for wireless telecommunications towers shall be required to provide information on the projected power density of the proposed facility and how this meets FCC standards.
S.
Franchises. Owners and operators of towers or antennas shall certify that all franchises required by law for the construction and operation of a wireless communications system in the Township of Washington have been obtained and shall file a copy of all required franchises with the Clerk of the Township, and shall a copy with its application submitted to the approving authority.
[1]
Editor's Note: Section 5 of this ordinance provided for the following:
"Wireless telecommunications towers in existence on the date of the adoption of this ordinance (nonconforming wireless telecommunication towers) are subject to the following provisions:"
"1. Nonconforming wireless telecommunications towers may continue in use for the purpose now used, but may not be expanded without complying with this ordinance."
"2. Nonconforming wireless telecommunications towers which are partially damaged or destroyed due to any reason or cause may be replaced and restored to their former use, location and physical dimensions subject to obtaining a building permit therefor, but without otherwise complying with this ordinance. If this destruction is greater than partial, then repair or restoration will require compliance with this ordinance."
"3. The owner of any nonconforming wireless telecommunications tower may repair, rebuild and/or upgrade but not expand such wireless telecommunications tower or increase its height or reduce its setbacks in order to improve the structural integrity of the facility, to allow the facility to accommodate collocated antennas or facilities or to upgrade the facilities to current engineering, technological or communications standards without having to conform to the provisions of this ordinance."
§ 217-76.1 Automobile repair and service stations.
[Added 8-17-2009 by Ord. No. 21-09]
In the C-1 Zone, the following conditional use standards shall apply to automobile repair and service stations: