Washington Township Warren County
City Zoning Code

The modification shall be determined by multiplying the total land area (that is, the lot area as to a minimum lot area requirement or tract area as to a maximum density requirement) in various slope categories by the following factors:

The modified lot area or tract area, as the case may be, to be used in determining the lot area applicable to a minimum lot area requirement, or tract area applicable to a maximum density requirement, shall be computed as follows:

The minimum size of each parcel offered to the Township shall be two acres.

Lands offered for recreational purposes shall be improved by the developer, including equipment, walkways and landscaping, in order to qualify the lands for acceptance by the Township.

Any land offered to the Township shall be optimally related to the overall plan and design for the development and improved to best suit the purpose(s) for which it is intended.

The lands offered to the Township shall be subject to review by the Land Use Board which, in its review and evaluation of the suitability of such land, shall be guided by the Master Plan of the Township, by the ability to assemble and relate such lands to an overall plan and by the accessibility and potential utility of such lands. The Land Use Board may request an opinion from other public agencies or individuals as to the advisability of the Township's accepting any lands to be offered to the Township.

Every parcel of land offered to and accepted by the Township shall be conveyed to the Township by deed at the time final site plan approval is granted by the Township. The deed shall contain such restrictions as may reasonably be required by the Land Use Board to effectuate the provisions of this Subsection E pertaining to the use of such areas. Should the proposal consist of a number of development stages, the Land Use Board may require that acreage proportionate in size to the stage being considered for final subdivision approval be donated to the Township simultaneously with the granting of final subdivision approval for that particular stage, even though these lands may be located in a different section of the overall development.

Membership in any created homeowners' association by all property owners shall be mandatory. Such required membership in any created homeowners' association and the responsibilities upon the members shall be in writing between the association and the individual in the form of a covenant with each member agreeing to his liability for his pro rata share of the association's costs, and providing that the Township shall be a party beneficiary to such covenant entitled to enforce its provisions.

Executed deeds shall be tendered to the Township simultaneously with the granting of final subdivision approval stating that the prescribed use(s) of the lands in the common ownership shall be absolute and not subject to reversion for possible future development.

The homeowners' association shall be responsible for liability insurance, local taxes, maintenance of land and any facilities that may be erected on any land deeded to the homeowners' association.

The assessment levied by the homeowners' association may become a lien on the private properties in the development. The duly created homeowners' shall be allowed to adjust the assessment to meet changing needs, and any deeded lands may be sold, donated or in any other way conveyed to the Township for public purposes only.

The homeowners' association initially created by the developer shall clearly describe in its bylaws the rights and obligations of any homeowner and tenant in the cluster development, along with the covenant and model deeds and the articles of incorporation of the association prior to the granting of final subdivision approval by the Land Use Board.

Part of the development proposals submitted to and approved by the Land Use Board shall be provisions to ensure that control of the homeowners' association will be transferred to the individual lot owners in the development based on a percentage of the dwelling units sold and/or occupied, together with assurances in the bylaws that the homeowners association shall have the maintenance responsibilities for all lands to which they hold title.

In the event that the aforesaid association shall fail to maintain the common property in reasonable order and condition, the Township Committee may serve written notice upon such association or upon the owners of the development setting forth the manner in which the association has failed to maintain the common property in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the Township Committee may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed 65 days, within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension thereof, the Township, in order to preserve the common property and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the common property except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Township Committee shall, upon its initiative or upon the request of the association theretofore responsible for the maintenance of the common property, call a public hearing upon 15 days' written notice to such association and to the owners of the development, to be held by the Township Committee, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Township Committee shall determine that such association is ready and able to maintain said common property in reasonable condition, the Township shall cease to maintain said common property at the end of said year. If the Township Committee shall determine that such association is not ready and able to maintain said common property in a reasonable condition, the Township may, in its discretion, continue to maintain said common property during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Township Committee in any such case shall constitute a final administrative decision subject to judicial review.

The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the common property in accordance with assessed value at the time of imposition of the lien and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon and enforced and collected with interest by the same officers and in the same manner as other taxes.

The above uses must be connected to a municipal public sewer.

With the exception of equipment which must be driven, towed or trailered to be transported, all materials shall be contained within a building or in open storage areas maintained in a side or rear yard, contiguous to the principal building.

A six-foot-high solid fence shall be located so as to screen all open storage areas from public view.

All regulations for the zoning district in which the use is to be located shall be complied with. The minimum lot area in any zone shall not be less than three acres.

Equipment for rental may be displayed in front yard areas during business hours, provided that the equipment is set back at least 25 feet from the street line (right-of-way line).

No item of equipment exceeding 8,000 pounds shall be rented.

All regulations for the zoning district in which the use is to be located shall be complied with, except that the minimum lot area shall not be less than three acres. Not more than 20% of the lot area shall be covered by structures.

No building, structure or active recreation facilities shall be located within 100 feet of an adjacent residential property line.

Where parking areas are adjacent to a residential zone or use, a twenty-five-foot buffer strip, including fences and shrubs no less than six feet high, shall be provided.

Each unit of accommodation shall contain a minimum floor area of 250 square feet. Ceilings shall be a minimum of eight feet in height.

Each unit of accommodation shall include a minimum of two rooms, a bedroom and a separate bathroom which afford privacy to a person within said room and which is equipped with a toilet, a wash basin and a bathtub or shower, all properly connected to water and sewer systems. There shall be no cooking facilities in any unit of accommodation.

There shall be a residency limitation on all guests of 30 days maximum. The foregoing residency limitation shall not apply to an employee living on the premises.

All of the area, yard, building coverage and height requirements of the respective zone and other applicable requirements of this chapter must be met.

For purposes of this chapter, the term "public utility uses" shall include such uses as telephone, dial equipment centers, power substations and other public utility services, but shall not include service or storage yards or similar uses.

The proposed installation in a specific location must be reasonably necessary for the satisfactory provision of service by the utility to the neighborhood or areas in which the particular use is to be located.

The design of any building in connection with such facilities must conform to the general character of the area and not adversely affect the safe, comfortable enjoyment or property rights in the zone in which it is located.

Adequate fences and other safety devices must be provided as may be required. Fences, when used to enclose public utility facilities such as electrical power substations, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the National Electrical Safety Code in effect at the time of construction.

Sufficient landscaping, including shrubs, trees and lawn, shall be provided and be periodically maintained.

All of the area, yard, building coverage, parking and height requirements of this respective zone and other applicable requirements of this chapter must be met.

Application.

The Land Use Board must find after a hearing that:

Nursing homes and other buildings, to the extent required by the State of New Jersey, shall conform to the Manual of Standards for Nursing Homes issued by the Department of Institutions and Agencies of the State.

The minimum lot area for a nursing home shall be five acres. The minimum lot width, at the front building line, shall be 300 feet. The minimum front yard shall be 75 feet. There shall be two side yards no less than 100 feet in aggregate width and neither yard less than 50 feet. There shall be a rear yard with a depth of not less than 50 feet.

Not more than 20% of the area of each lot may be occupied by buildings. No building shall exceed a height of 35 feet or 2 1/2 stories.

Each nursing home shall be served by public water supply and sanitary sewer facilities.

The maximum number of beds shall be 10 for the first 1 1/2 acres of lot area and five beds for each additional acre of lot area.

Such homes shall not be primarily used for the care of patients suffering from communicable disease and shall not be used for the cure of patients who are mentally incompetent or insane and who, by reason of such mental condition, constitute a danger to the public.

Such use shall not be conducted on the same lot with other principal uses, except farm uses and necessary residence and facilities for persons and their families employed in such nursing or convalescent homes.

No equipment shall be stored or parked in front yard areas with the exception of machinery for sale at an authorized sales dealer. Any equipment parked in front yard areas shall be set back at least 25 feet from the street line (right-of-way line).

Repair work and oil changes and lubrication, other than occasional incidental minor repairs, shall take place entirely within the building and all repair or service apparatus or equipment shall be located entirely within the building.

The storage of inoperable vehicles or those of a type which can be registered, but are not currently registered with any jurisdiction, shall not be permitted.

A minimum landscaped area 20 feet wide shall be provided along all side and rear property lines. Contractors storage yards shall also provide a minimum landscaped area 25 feet wide adjacent to the property line abutting public streets, except where curb cuts are located. The landscaped area shall be increased to 50 feet adjacent to residential property lines. All buffers and landscaped areas shall be protected from adjacent parking areas by curbs, or concrete or wood bumpers, at least six inches in height and securely anchored into the ground.

A six-foot-high solid fence shall be located so as to screen all open storage areas from public view.

Repair work and oil changes and lubrication, other than occasional incidental minor repairs, shall take place entirely within the building and all repair or service apparatus or equipment shall be located entirely within the building.

Outdoor displays of products for sale or rental shall not be permitted, with the exception of oil, windshield washer fluid, coolant, tires, wheels, wiper blades and products in vending machines. Outdoor displays of products shall be set back at least 25 feet from the street line (right-of-way line).

All of the area, yard, building coverage and height requirements of the respective zone and other applicable requirements of this chapter must be met.

The above uses must be connected to a municipal public sewer.

No building shall be located within 100 feet of an adjacent residential property line.

Where parking areas are adjacent to a residential zone or use, a twenty-five-foot buffer strip, including fences and shrubs, no less than six feet high shall be provided.

All regulations for the zoning district in which the use is to be located shall be complied with, except that the minimum lot area shall be not less than five acres. Not more than 20% of the lot area shall be covered by structures.

The minimum lot area shall be five acres.

The minimum lot frontage shall be 300 feet.

The minimum lot depth shall be 300 feet.

There shall be a building on the lot in conjunction with the use which shall contain no less than 15,000 square feet of usable floor area. At least 25% of said floor area shall be devoted to new or used car display purposes.

The area devoted to outside display of new and used cars shall not exceed 60% of the total lot area.

Display lighting shall be shielded and shall be so located and maintained as not to constitute a hazard or nuisance to the public using the highway or to neighbors. In particular, so-called "string lights" shall be permitted.

A minimum buffer area of 50 feet in width shall be provided along a lot line abutting a residential district or use.

Outdoor displays of vehicles for sale shall be set back at least 25 feet from the street line (right-of-way line).

All other regulations regarding setbacks, yard area, impervious coverage, building coverage and floor area ratio for the zoning district in which the use is to be located shall be complied with.

With the exception of the landscape plants, shrubs and trees, all materials for sale shall be contained within a building, except that open storage and sales areas may be maintained in a side or rear yard, provided that such open storage and sales areas are contiguous to the building and are screened by a six-foot-high solid fence so designed as to screen all materials and supplies, except plant materials, from public view.

Plant materials may be displayed openly in any yard. When displayed in the front yard, a twenty-five-foot setback from the street line (right-of-way line) must be maintained.

All regulations for the zoning district in which the use is to be located shall be complied with, except that the minimum lot area shall be not less than three acres.

That the property upon which the accessory dwelling is to be created has a gross area of not less than 10,000 square feet;

That the primary dwelling unit on said property has been occupied as a single-family dwelling unit pursuant to a certificate of occupancy or otherwise validly for a period of not less than five years prior to the application to create an accessory dwelling unit thereon;

That either the primary dwelling unit or the accessory dwelling unit shall be occupied as a residence by the owner of the property;

That at least one of the persons occupying either the accessory dwelling unit or the primary dwelling unit shall be not less than 62 years of age;

That no more than three persons shall occupy the accessory dwelling unit;

That no accessory dwelling unit shall have less than 400 square feet of floor area, nor a floor area in excess of 20% of the floor area of the building;

That no changes are to be made to the exterior of the dwelling which would detract from its external appearance as a single-family dwelling, except that a separate door may be installed to provide access to the accessory dwelling unit so long as the same does not abut the front yard, if the accessory dwelling unit is to be contained within the existing dwelling;

That no separate utility meters shall be provided for the accessory dwelling unit;

That an additional parking space shall be provided on site for the servicing of the accessory dwelling unit;

That the accessory dwelling unit shall not be situated in a basement or garage area;

That the septic or sewerage system shall be adequate to service the accessory dwelling unit;

That, if the accessory dwelling unit is to be created as a separate accessory structure, the same is designed to appear as if it is an outbuilding in keeping with the character of the neighborhood and that it is connected to the utility systems serving the principal structure on the property without separate meters;

If the accessory dwelling unit is located within the dwelling, that the kitchen is designed in order that it can be removed upon the termination of the accessory dwelling unit and that no built-in appliances are allowed or provided for, except that the sink and toilet may be designed to remain therein.

If the accessory dwelling unit is created as a separate accessory structure, that the structure can be removed expeditiously and without undue damage to the property upon termination of the accessory dwelling unit; and

That the accessory dwelling unit can be created or erected without violation of any provision of this chapter or any other ordinance or regulation of the Township.

A certificate of occupancy for an accessory dwelling unit shall terminate upon the happening of any of the following conditions:

In the event of the termination of a certificate of occupancy for an accessory dwelling unit, the owner of the premises shall forthwith, and in no event more than 30 days after the termination of such certificate of occupancy, remove the kitchen facilities or the structure, if it is a separate structure, and the accessory dwelling unit shall cease to exist. Any continued occupancy of an accessory dwelling unit after the termination of a certificate of occupancy therefor shall constitute a violation. Nothing contained herein shall prevent an application to renew such accessory dwelling unit, provided that the conditions of this section are adhered to.