West Deptford City Zoning Code
ARTICLE III
Residence Districts
§ 166-13 Classification.
[Amended 8-21-1980 by Ord. No. 80-17; 1-12-1995 by Ord. No. 94-22]
There shall be five classes of residence districts: R-1 Rural Residence Districts, R-2 Suburban Residence Districts, R-3 Residence Districts, R-4 Multiple-Family Residence Districts and R-5 Residence Mobile Home Development Districts.
§ 166-14 R-1, R-2, R-3 and R-6 Residence Districts.
[Amended 8-21-1980 by Ord. No. 80-17; 10-6-1983 by Ord. No. 83-17; 12-15-1983 by Ord. No. 83-19; 3-7-1985 by Ord. No. 85-2; 4-4-1985 by Ord. No. 85-4; 7-6-1989 by Ord. No. 89-14; 11-6-2003 by Ord. No. 2003-15; 4-3-2014 by Ord. No. 2014-08]
A.
Use regulations. In the R-1 Rural Residence, the R-2 Suburban Residence, the R-3 Residence and the R-6 Residence Districts, a building may be erected or used, and a lot may be used or occupied, for any of the following purposes and no other:
(1)
Single-family detached dwelling, provided that an existing dwelling may be converted into a two- or three-family dwelling in accordance with the provisions of § 166-39 hereof.[1]
[1]
Editor's Note: Former § 166-39, Conversion of dwelling to two- or three-family use, was repealed 4-3-2014 by Ord. No. 2014-08.
(2)
Agricultural or farm use, including nursery and tilling of the soil as a main use and the keeping of poultry, horses and livestock other than pigs as an accessory use, provided that:
(a)
A minimum lot area of five acres is provided for the keeping of horses or the raising of poultry.
(b)
A minimum lot area of five acres is provided for the keeping of other permitted types of livestock.
(c)
Every building used for keeping poultry, horses or livestock, including a barn, stable or coop, shall be located not less than 100 feet from every street line and property line.
(3)
A public or parochial school for academic instruction.
(4)
A church, including church-school buildings and parish houses.
(5)
A municipal building or use, including but not limited to public park; playground, library and community center buildings and grounds.
(5.1)
Community residence for the developmentally disabled as defined by N.J.S.A. 40:55D-66.2a, and which is licensed by the State of New Jersey, and for victims of domestic violence as defined, approved and certified pursuant to N.J.S.A. 40:55D-66.2b; provided, however, that no such residence or shelter shall be permitted which:
(a)
Houses more than six persons, excluding resident staff;
(b)
Is located within 1,500 feet of an existing such residence or shelter; or
(c)
Would result in the total number of such persons residing within West Deptford Township to exceed either 50 persons or 0.5% of the population of said Township as of the last census by the Bureau of the Census, United States Department of Commerce, whichever is the greater.
(6)
The following uses, when authorized as a conditional use by the Planning Board, after public hearing, in accordance with the standards of § 166-43 hereof and upon a finding that adequate lot area, yards and parking space are provided and that the buildings and use are appropriately located and will meet a community need without adversely affecting the neighborhood in which located:
(a)
A hospital, nursing or convalescent home.
(b)
A private educational school for academic instruction, including a nursery school, when such schools are licensed by the State of New Jersey.
(c)
A private, nonprofit, noncommercial recreation area or use, or club for such uses as a swimming, tennis or golf club or a community building.
(d)
County, state or federal uses for public purposes, and public passenger stations, telephone central office and electric substation, provided that such uses shall not include storage yards, workshops or workhouses.
(e)
A cemetery, provided that the lot area for such use shall be not less than two acres.
(f)
Club or lodge organized for fraternal or social purposes, the buildings and services of which are for use by members and their guests only, provided that the chief activity shall not be one which is customarily carried on as a business.
(g)
Community residence for the developmentally disabled or community shelter for victims of domestic violence which house more than six, but not more than 15, such persons, excluding resident staff, pursuant to the requirements of § 166-14A(5.1) and the limitations of Subsection A(5.1)(b) and (c) thereof, subject to the standards for review of § 166-42 hereof, and subject to the site plan and building review requirements, procedures and standards of § 143-20 of the Township Code.
(7)
An accessory use on the same lot with and customarily incidental to any of the foregoing permitted uses, which use may include:
(a)
A private garage.
(b)
The professional office or studio of a physician, attorney, dentist, architect, professional engineer, clergyman or similar member of a recognized profession who customarily has offices in the dwelling in which such person resides, but not including an office such as a real estate office, insurance office or other commercial office or use permitted only in commercial districts, or a barber, beauty shop or hairstylist. Each professional office or studio shall be subject also to the following additional special requirements:
[1]
Such office or studio shall be located in the dwelling in which the practitioner resides or within a building accessory thereto.
[2]
Not more than one person shall be employed by the practitioner of the professional occupation, such as a nurse, secretary, clerk, professional or technical assistant, except that two related resident members of a recognized profession shall be permitted to practice together.
[3]
The area used for the practice of a profession or for a studio shall occupy no more than 25% of the total floor area.
[4]
No external alterations inconsistent with the residential use or appearance of the dwelling shall be permitted.
(c)
A home occupation as defined in § 166-6B, when authorized as a conditional use, subject also to the following additional special requirements:
[1]
Such use shall be located in the dwelling in which the person conducting the home occupation resides, or within a building accessory thereto.
[2]
Not more than one person shall be employed in such home occupation who is not a resident of the dwelling.
[3]
The area used for the home occupation shall not exceed 25% of the total floor area.
(d)
A roadside stand for the sale of farm or nursery products which are produced on the property where offered for sale.
(e)
A private swimming pool.
B.
Area regulations.
(1)
R-1 Rural Residence District.
(a)
Lot area and width. A lot area of not less than 20,000 square feet per family shall be provided for every building hereafter erected or used in whole or in part as a dwelling. Each lot shall have a width at the building line of not less than 100 feet.
(b)
Building area. Not more than 35% of the area of each lot may be occupied by buildings.
(c)
Yards. Front, side and rear yards shall be provided for each lot as follows, subject to § 166-36D:
[1]
Front yard. A front yard along each street which the lot abuts, not less than 30 feet in depth.
[2]
Side yards: two side yards, not less than 25 feet in aggregate width, and neither less than 10 feet; except that on corner lots, two side yards shall be provided, perpendicular to the streets, neither of which shall be less than 15 feet in width.
[3]
Rear yard: one yard, not less than 25 feet in depth, except that none shall be provided on corner lots where two front yards and two side yards are provided.
(2)
R-2 Suburban Residence District.
(a)
Lot area and width. A minimum lot area per family shall be provided for every building hereafter erected or used in whole or in part as a dwelling in accordance with the following:
[1]
Where neither a public water supply system nor sanitary sewer facilities are available or utilized: 20,000 square feet per family.
[2]
Where either public water or sanitary sewer facilities, but not both, are available and utilized: 15,000 square feet per family.
[3]
Where both public water and sanitary sewer facilities are available and utilized: 10,000 square feet per family.
[4]
Each lot shall have a width at the building line of not less than 75 feet.
(b)
Building area. Not more than 35% of the area of each lot may be occupied by buildings.
(c)
Yards. Front, side and rear yards shall be provided on each lot as follows, subject to § 166-36D:
[1]
Front yard: a front yard along each street which the lot abuts, not less than 30 feet in depth.
[2]
Side yards: two side yards, not less than 25 feet in aggregate width, and neither less than 10 feet; except that on corner lots, two side yards shall be provided, perpendicular to the streets, neither of which shall be less than 15 feet in width.
[3]
Rear yard: one yard, not less than 25 feet in depth, except that none shall be provided on corner lots where two front yards and two side yards are provided.
(3)
R-3 Residence Districts. In R-3 Residence Districts, the area regulations prescribed in Subsection B(2) above for the R-2 Suburban Residence District shall apply, except in those areas where both public sewer and water facilities are available and utilized. In such areas, the following regulations shall apply:
(a)
Lot area and width. A lot area of not less than 7,500 square feet per family shall be provided for every building hereafter used in whole or in part as a dwelling. No lot shall have a width at the building line of less than 60 feet.
(b)
Building area. Not more than 35% of the area of each lot may be occupied by buildings.
(c)
Yards. Front, side and rear yards shall be provided on each lot as follows, subject to § 166-36D:
[1]
Front yard: a front yard along each street which the lot abuts, not less than 30 feet in depth.
[2]
Side yards: two side yards, not less than 25 feet in aggregate width, and neither less than 10 feet; except that on corner lots, two side yards shall be provided, perpendicular to the streets, neither of which shall be less than 15 feet in width.
[3]
Rear yard: one yard, not less than 25 feet in depth, except that none shall be provided on corner lots where two front yards and two side yards are provided.
(4)
R-6 Residence District.
(a)
Minimum lot area. A lot area of not less than two acres per family shall be provided for every building hereafter erected or used, in whole or in part, as a dwelling.
(b)
Minimum lot width. Each lot shall have a width at the building line of not less than 200 feet.
(c)
Minimum lot frontage on a municipal road. Each lot with frontage on a municipal road shall have a width at the lot line of not less than 150 feet.
(d)
Minimum lot frontage on a county or state road. Each lot with frontage on a county or state road shall have a width at the lot line of not less than 250 feet.
(e)
Building area. Not more than 15% of the area of each lot may be occupied by buildings.
(f)
Yards. Front, side and rear yards shall be provided for each lot as follows, subject to § 166-36D:
[1]
Front yard: a front yard along each street which the lot abuts, not less than 75 feet in depth.
[2]
Side yards: two side yards, each not less than 50 feet in width.
[3]
Rear yards: one yard, not less than 75 feet in depth, except that none shall be provided on corner lots where two front yards and two side yards are provided.
(g)
Lot size reduction. In order to provide flexibility in the arrangement of individual lots on larger tracts of land having development constraints, such as wetlands and floodplains, and limited public roadway access and which are adjacent to nonresidential uses for which buffering in the form of landscaping or increased separation of uses, individual lot areas within the R-6 District may be decreased below two acres, provided that:
[1]
The maximum number of lots shall not exceed the total area of the tract in acres divided by 2.25.
[2]
Lots may range in size to a minimum of one acre. On any lot less than two acres, the difference in area between the two acres and the lot shall be deed-restricted against any development, i.e., the erection of any structures. Wherever feasible, these deed-restricted areas shall be adjacent to others in the proposed subdivision in order to generate large open areas.
[3]
Minimum lot width. Each lot shall have a width at the building line of not less than 175 feet.
[4]
Minimum lot frontage on a municipal road. Each lot with frontage on a municipal road shall have a width at the lot line of not less than 100 feet.
(5)
Additions to nonconforming structures.
(a)
Any existing lot located in Zones R-1, R-2, R-3, R-6 on which a building or structure is located, which lot does not meet the minimum lot size or has a building or structure which violates any yard regulation and is existing, may add an addition that is an authorized building or use, in accordance with the Code of the Township of West Deptford, which will be in addition to the principal building and/or an accessory building which use and/or which addition would be allowed in accordance with the requirements of the Township of West Deptford but which the only violation would be that the original does not meet the front yard, side yard or rear yard requirements, may be allowed to build the addition or accessory building without an appeal to the Zoning Board of Adjustment, and the Zoning Officer is hereby authorized to certify that the new building and/or new accessory use is not a new violation but an extension of the existing nonconforming use in the Township of West Deptford.
(b)
Two drawings shall be submitted to the Township of West Deptford showing the exact distances and the appearance of the building addition and/or accessory use.
(c)
The area where the addition or accessory use is to be placed, whether it shall be side yard, rear yard, will not create a new nonconforming use or violation but is an extension of the existing nonconforming use. Total permitted land coverage may not be exceeded.
(d)
The use of this property is permitted, and the addition will be an acceptable use, and/or the accessory will be an acceptable use.
(e)
The addition and/or accessory use will be so placed that it will not create a new violation, but it may be an extension of the existing violation; for example, if the rear yard requirement is 25 feet and the building has 25 feet of rear yard and the addition will make the rear yard less than 25 feet or side yard or front yard less than acceptable, then the person must go to the Zoning Board for a bulk variance request.
C.
Height regulations. No building shall exceed 35 feet in height, provided that such height limits may be exceeded by one foot for each foot by which the width of each side yard is increased beyond minimum side yard requirements up to a maximum of 50 feet.
D.
Accessory buildings. Accessory buildings to a use permitted herein shall be either attached to the main building or be separated from the main building by at least five feet.
§ 166-15 R-4 Multiple-Family Residence Districts.
A.
Establishment criteria. R-4 Multiple-Family Residence Districts are designed to make special provision for low lot coverage, lot density apartment or townhouse development in limited areas of a predominantly single-family residential environment, where multiple-family development is considered appropriate by virtue of such criteria as direct access to major traffic or intercommunity streets; proximity to public transportation; availability of public sewer and water facilities; adequacy of or provision for schools, recreation and other community facilities; environmental amenities and safety; and economic viability. R-4 Multiple-Family Residence Districts may be established, and development therein authorized, only in accordance with the special procedural and development requirements of Subsection E hereof and the other applicable provisions of the West Deptford Township Zoning Ordinance.
B.
Use regulations. In R-4 Multiple-Family Residence Districts, a building may be erected or used, and a lot may be used or occupied, for any of the following purposes and no other:
(1)
An apartment house or group of apartment houses, including townhouse-type apartments designed as a unified project, under private ownership or under condominium ownership.
(2)
A townhouse development, with each townhouse designed to be sold in single ownership or in condominium ownership.
(3)
An accessory use on the same lot with and customarily incidental to the foregoing uses, which may include the following:
(4)
Signs, as permitted in residence districts under the provisions of § 166-43B hereof.
[Amended 4-3-2014 by Ord. No. 2014-08]
(5)
A single-family detached residence, as part of a unified project under private or condominium ownership. Single-family detached residences otherwise shall comply with the zoning requirements of the residence district in which the site was classified immediately prior to its R-4 Residence District classification.
C.
Site development standards. For any apartment building or group of buildings on a lot, the following standards shall apply:
(1)
Tract area. A minimum tract area of not less than 10 acres shall be required for any development, provided that a parcel of less than 10 acres in an R-4 Residence District which is contiguous to an existing multiple-family development may be approved where the development proposed is determined by the Planning Board to be compatible with the existing development.
(2)
Density. The maximum number of dwelling units in any development shall be determined by the lot-area-per-family requirements in accordance with the following:
Unit Type by No. of Bedrooms | 1-, 2- and 3-Story Buildings | Buildings Over 3 Stories | ||
|---|---|---|---|---|
Lot Area per Unit (square feet) | Maximum No. of Dwelling Units (per acre) | Lot Area per Unit (square feet) | Maximum No. of Dwelling Units (per acre) | |
Efficiency or 1 bedroom | 4,000 | 10.9 | 3,000 | 14.5 |
2 bedrooms | 4,500 | 9.7 | 3,500 | 12.5 |
3 or more bedrooms | 5,500 | 7.9 | 4,500 | 9.7 |
(3)
Building and lot coverage. Not more than 20% of the lot area shall be occupied by buildings, and a total of not more than 50% of the lot area shall be occupied by buildings, parking areas, driveways, sidewalks and other paved or impervious surfaces.
[Amended 12-2-1982 by Ord. No. 82-13]
(4)
Yards and building placement. The following requirements shall apply with respect to yards and building placement:
[Amended 1-12-1995 by Ord. No. 94-22]
(a)
Perimeter yards of not less than 75 feet shall be maintained along all public street lines, and yards of not less than 50 feet shall be maintained along any other property line.
(b)
Within any development, no building shall be closer than 25 feet from an internal street, measured from the right-of-way line in the case of a public street, and from the curb or cartway line in the case of a private street.
(c)
No residential building shall be closer than 15 feet to a parking area.
(d)
The distance at the closest point between any two apartment buildings or between groups of townhouses shall be not less than 50 feet, provided that if neither of the buildings is more than 30 feet in height, and not more than one of the buildings has windows facing the area between the buildings, the distance between may be reduced to not less than 30 feet.
(e)
No apartment building, townhouse or single-family detached dwelling erected in an R-4 Multiple-Family Residence District shall be located within 100 feet of the boundary line of a lot which includes a public school, library or other public-assembly building, or within 100 feet of the right-of-way for a high-tension power line, an underground gas or petroleum transmission line or a railroad right-of-way.
(5)
Height. No apartment building shall exceed six stories or a maximum of 60 feet in height. No townhouse or single-family detached dwelling shall exceed three stories or a maximum of 35 feet in height.
[Amended 1-12-1995 by Ord. No. 94-22]
(6)
Parking space.
[Amended 1-12-1995 by Ord. No. 94-22]
(b)
Off-street parking areas shall be paved with an appropriate all-weather asphalt, bituminous or cement paving, and shall be adequately illuminated at night, with exterior lighting arranged to protect adjoining residences or highways from direct glare or hazardous interference.
(c)
All open-air off-street parking areas shall be screened with evergreen shrubbery or trees not less than five feet in height when planted, or other suitable landscaping approved by the Planning Board, along all streets and adjacent property lines.
(7)
Loading and unloading areas. Provisions shall be made for the off-street loading and unloading of trucks and other vehicles serving the apartment area. Such areas shall be so arranged that they may be used without blocking or otherwise interfering with the use of streets, parking facilities or pedestrianways.
[Amended 1-12-1995 by Ord. No. 94-22]
(8)
Improvement standards, bonding and inspection. All improvements, including streets, pavements, gutters, curbs, sidewalks, streetlighting, street trees, surveyors' monuments, water mains, sanitary sewers, community septic systems, drainage structures, public improvements to open space, and any grading necessitated by the preceding improvements as may be found to be necessary in the public interest, shall be installed at the expense of the developer in accordance with the standards of Chapter 143, Subdivision and Development, provided that such standards may be modified by the Planning Board on recommendation by the Township Engineer. Such improvements shall be completed to the satisfaction of the Township Engineer before a certificate of occupancy may be issued. In lieu of total completion of the above, an adequate performance bond guaranteeing the completion thereof may be accepted, subject to the requirements of Chapter 102, Article VI, Land Use Procedures.
[Amended 1-12-1995 by Ord. No. 94-22; 12-1-2021 by Ord. No. 2021-25]
D.
Required utilities, recreation areas and special design requirements.
(1)
Sewer and water. No application for a permit for an apartment building or multiple-family or townhouse project shall be considered unless such building or project can be served by the Township sewer and water system. The installation of public water, sewerage and drainage facilities shall be in accordance with the specifications of the Township Engineer and appropriate governmental authorities. Such improvements shall be made at the sole expense of the developer. All townhouse units to be sold in single ownership or in condominium ownership shall each have individual water and sewer service lines and shall have individual meters.
[Amended 4-3-2014 by Ord. No. 2014-08]
(2)
Underground utilities. All telephone and electric transmission service lines connecting individual buildings of the site with the street transmission lines, and between buildings on the site, shall be installed underground. Each apartment building shall contain a single concealed master television antenna or cable television service.
(3)
Recreation areas and natural features. At least 10% of the total tract area shall be reserved and developed for outdoor recreation purposes by the developer. Such recreation areas and facilities, such as swimming pools, tennis courts, play areas and sitting areas, shall be of such dimensions and in such locations that they are adequate and suitable for the intended purpose. Such areas shall be subject to the approval of the Planning Board. Natural features such as trees, streams, hilltops and scenic areas shall be preserved in designing a project.
(4)
Air conditioning. Air conditioning shall be installed in each apartment building, either as a central system or as individual units, provided that each dwelling unit shall have individual air-conditioning controls, there shall be no window-installed units and all exterior equipment relating to a central system shall be suitably enclosed or screened.
(5)
Heating. Each dwelling unit within a multiple-family dwelling group or an apartment building which is heated by a central heating source shall have a separate thermostat to control heat.
(6)
Soundproofing. In multiple-family and apartment buildings, each dwelling unit shall be designed and constructed with a soundproofing barrier between adjoining units, both horizontally and vertically.
(7)
Access and egress. Each dwelling unit shall have at least one front and one rear entrance, or one entrance and an alternate means of egress to the ground level. All exterior stairways shall be of brick or equivalent masonry construction.
(8)
Laundry facilities. In apartment developments, adequate laundry facilities consisting of automatic washing and clothes-drying machines in a laundry room shall be provided, or a washer and dryer shall be installed in each dwelling unit, or hookup provision made for the installation of such facilities.
(9)
Refuse disposal. Provision for the disposal or incineration of refuse shall be made within each apartment building or such refuse shall be conveyed to a central point or points to facilitate collection. Disposal arrangements in rental units shall be the responsibility of the owner. Any incineration equipment which is installed shall meet state air sanitation control standards.
(10)
Storage space. A minimum of 300 cubic feet of fire-resistant storage space for personal belongings and items of dead storage shall be provided for each dwelling unit. In case of dwelling units, no parts of which are located on the ground floor or which have no first-floor entrances, such storage areas shall have convenient access from the first floor or basement levels in the apartment building or in a storage area attached thereto. When specifically authorized by the Planning Board, such storage areas may be permitted in a separate building. Any common storage rooms or facilities shall be divided into compartments for each dwelling unit, be located in a clean and dry area and be provided with appropriate locks. Where topographical conditions permit, each residential building, including townhouses, shall have a basement area equal to at least 35% of the gross floor, area of the first floor for utility and storage purposes, but no dwelling units shall be permitted in the basement.
[Amended 4-3-2014 by Ord. No. 2014-08]
(11)
Architectural considerations.
(a)
In order to encourage an attractive building arrangement, variations in the setback or alignment of buildings erected on the same frontage or attached to other buildings shall be provided, parallel arrangement of buildings shall be avoided, and desirable variations in such things as the facade, construction and rooflines of apartment buildings and single-family attached units or townhouses shall be encouraged. Individuality in buildings shall be achieved also by use of varying external materials, colors, landscape elements and other design details. The exterior walls of all apartment buildings shall be of brick or stone, or brick or stone facing, or other suitable maintenance-free material approved by the Planning Board, except that decorative trim may be used for not more than 20% of the exterior surface of any facade. Exterior walls shall not be of exposed cinder block.
(b)
No two apartment buildings shall be attached in a straight, unbroken row, and townhouses or townhouse-type buildings shall be designed with visible offsets or setbacks or with variations in building alignment and orientation. No single structure shall contain more than 10 townhouse units.
(c)
The combined lengths of the walls of any apartment building or cluster or group of attached apartment buildings extending along any one frontage or facing in the same general direction shall not exceed 240 linear feet, provided that the Planning Board may modify the requirements of this provision in any case where such modification is felt to be desirable from the standpoint of an improved pattern of development.
E.
Special procedural requirements.
[Amended 12-2-1982 by Ord. No. 82-13; 10-6-1983 by Ord. No. 83-17]
(1)
Application for R-4 Multiple-Family Residence District and R-5 Residence Mobile Home Development District classification. An application for an amendment to the Zoning Map to establish an R-4 Multiple-Family Residence District and an R-5 Residence Mobile Home Development District shall be referred to the Township Committee for review and recommendation to the Planning Board. Such application shall be accompanied by a general or sketch plan and other supplementary data and materials indicating the location and boundaries of the proposed district, proposed uses, density, building types, landscaping, availability of utilities, existing and proposed streets, any traffic and marketing studies which may have been made, and such other information as may be useful in determining the impact on the Township of the proposed district and uses, the appropriateness of its location and its compliance with the Township Master Plan.
(2)
Application for construction permit. An application for a permit to construct an apartment, townhouse or multiple-family development in any R-4 Multiple-Family Residence District and an R-5 Residence Mobile Home Development District shall be submitted to the Planning Board in accordance with the procedures and requirements of Chapter 143, Subdivision and Development, § 143-20, which shall include or be accompanied by a plan or plans, and supplementary data, showing the following information:
(a)
The location, boundaries, dimensions and ownership of the area to be included in the proposed development, and the owner of adjoining properties.
(b)
Natural features, including topography, tree masses and streams.
(c)
The location, use, dimensions and height of each building and other structures proposed to be erected on the lot, the total gross floor area of the buildings to be constructed and total area of ground to be built on and the total paved area.
(d)
The location, dimensions and arrangements of all open spaces, yards, accessways, entrances, exits, off-street parking spaces, pedestrianways, and the location and width of all streets and sidewalks. Proposed public streets and private streets shall be designated.
(e)
The character of buffer areas and screening devices to be maintained, including the location, dimensions and arrangement of all areas devoted to planting, lawns and trees.
(f)
Provisions made for stormwater drainage, sewer and water utilities and exterior lighting.
(g)
A sketch showing the building facades, signs, types of materials used, typical floor and individual apartment plans.
(h)
The provision made for the maintenance of the premises, including all recreation areas, common open spaces, parking areas, landscaped and buffer areas; provision for snow removal, refuse disposal, traffic control and police protection; a statement defining the responsibility of the owner, management or other responsible party with respect to maintenance of the premises and refuse disposal.
(i)
Sufficient data in all instances to enable the Planning Board to judge the effectiveness of the design and character of the entire tract or district; consider properly such things as the relationship of the proposed development or use to surrounding areas, anticipated traffic, potential hazards, public health, safety and the general welfare; determine that the proposed plan and use complies with the Township Master Plan, and the requirements of the zoning and other applicable ordinance and codes; and evaluate the economic viability of the project in such terms, for example, as probable municipal revenues compared with probable required municipal expenditures.
§ 166-15.1 R-5 Residence Mobile Home Development Districts.
[Added 10-6-1983 by Ord. No. 83-17]
A.
Statement of purpose. Mobile home development districts are established as a means of providing for single-family detached residential land use which offers the potential for low- to moderate-cost housing opportunity. This district seeks to provide for this use while protecting surrounding neighborhoods from incompatible land uses, inappropriate exterior appearance, overcrowding and unsafe conditions. It is the intent to make possible economic housing in a form that is compatible with other nearby housing types and that such housing be of such quality to be in the best interest of the mobile home resident, the residents of nearby conventional housing units and the Township as a whole.
B.
Special procedural and development requirements. R-5 Residence Mobile Home Development Districts may be established by amendment to the Zoning Map in accordance with § 166-7 hereof, and development authorized therein, only in accordance with the special procedural and development requirements of § 166-15E which govern the application for district classification and the issuance of construction permits. The applicable provisions of Chapter 143, Subdivision and Development, shall also apply, including but not limited to § 143-20, Site plan and building review, § 143-21, Design, material and construction standards and specifications, and § 143-22, Environmental considerations, public areas and facilities. The applicable provisions of other regulations of West Deptford Township pertaining to development and construction shall also apply.
C.
Use regulations. In R-5 Residence Mobile Home Development Districts, a building may be erected or used, and a lot may be used or occupied, for any of the following purposes and no other:
(1)
A mobile home development, mobile home lots and mobile homes installed thereon.
(2)
An accessory use customarily incidental to a mobile home development, which may include the following:
(a)
An off-street parking area to comply with the requirements of § 166-15.1E(4) hereof.
(b)
A recreation use of facility, such as a swimming pool, tennis courts, sports or play area and community building designed to serve the residents of the development.
(c)
Signs, as permitted in residence districts under the provisions of § 166-43B.
[Amended 4-3-2014 by Ord. No. 2014-08]
(d)
Sales or rental office for mobile home lots.
(e)
Laundry facility and other service buildings for use by residents of the development.
D.
Site development standards. All new mobile home developments and all mobile home lots in new or in existing mobile home developments shall comply with the applicable standards of Chapter 143, Subdivision and Development, and with the following regulations, except as may be otherwise indicated:
(1)
Tract standards.
(a)
Minimum tract size: 10 contiguous acres for any mobile home development. This requirement may be met by the combined acreage of an existing development and additions thereto. The tract may be divided by streams and other natural features, but it shall not be divided by any public streets, railroad tracks or similar man-made barriers.
(b)
Minimum public street frontage: 100 feet.
(c)
Required buffer planting strip: fifty-foot-wide landscaped area along the tract boundary except where interrupted by accessways.
(d)
Maximum density: eight mobile homes per net acre of land devoted to mobile home lots.
(e)
Minimum development: 40 mobile home lots.
(2)
Standards for mobile home lots within a mobile home development.
(a)
Minimum mobile home lot dimensions: 40 feet by 80 feet, with a minimum frontage on a street of not less than 18 feet.
(b)
Minimum setback for a mobile home, office or service building: 50 feet from an adjoining property line which is not part of the development; 10 feet from an interior private street and an adjoining mobile home lot line; 30 feet from a public street, subject to the provisions of § 166-36C hereof. No building shall be located in the area between a street and the required setback line, i.e., the front yard.
[Amended 12-4-1997 by Ord. No. 97-14]
(c)
Minimum distance at the closest point between the exterior walls of mobile homes: 20 feet.
(d)
Accessory structures to mobile homes:
[Amended 8-6-1992 by Ord. No. 92-11]
(i)
Notwithstanding the provisions of Subsection D(2)(c) above, the minimum distance between an attached accessory structure and the exterior wall of another mobile home or attached accessory structure shall not be less than 15 feet.
(ii)
The minimum distance between a mobile home and a detached accessory structure shall not be less than five feet.
(iii)
In no case shall any accessory structure be located in a required front yard.
(iv)
In the case of mobile home lots which are 50 or more feet in width, detached accessory structures shall not be located less than six feet from a side or rear lot line.
(v)
In the case of mobile home lots which are less than 50 or more feet in width, detached accessory structures may not be located less than three feet from a side or rear lot line.
(vi)
In the case of mobile homes which are located in mobile home developments where no lot lines have been delineated, detached accessory structure shall not be located in a side or rear yard less than six feet from the exterior wall of a mobile home, from an attached accessory structure, or from another detached accessory structure.
(e)
Maximum building coverage: 40%.
(f)
Minimum habitable floor area of each mobile home: 600 square feet.
E.
Special development regulations applicable to mobile home developments.
(1)
The varied orientation of mobile homes on mobile home lots is encouraged, while maintaining the setback requirements.
(2)
Before a certificate of occupancy is issued for any given mobile home lot, such lot shall be provided with a concrete pad of sufficient size and thickness to accommodate the mobile home and any additions to or extensions of the mobile home which may be placed upon it, and with utility connections for electricity, public water and sanitary sewage. Connections shall be underground and of a form acceptable to the Township and the utility responsible for the provision of service in the area of development, in accordance with the provisions of the Township Construction Code[1] and other pertinent requirements.
(3)
An area equal to 10% of the gross site area or 400 square feet per dwelling unit, whichever is greater, shall be set aside for common open space, and not more than 75% of this area shall be in a 100-year floodplain. This land shall be improved for the active and passive recreational needs of the residents of the mobile home development by the developer and maintained thereafter by the owners of the development.
(4)
Each mobile home shall be provided with a minimum of two off-street parking spaces constructed of a hard-surfaced material, at least one of which shall be on the mobile home site. Additional off-street parking space shall be required for community rooms, common laundry facilities and similar service, maintenance or development and for the parking of boats and trailers owned by residents of the mobile homes.
(5)
Each mobile home assembled or installed on a mobile home lot in a mobile home development shall conform to the State Housing Code and the Manufactured Housing Code, as amended, of the United States Department of Housing and Urban Development, originally effective June 15, 1976. Additional requirements of the Flood Damage Prevention Ordinance,[2] where applicable, shall also be met. All mobile homes shall be placed upon a permanent foundation and any wheels removed. The foundation shall be of a material and appearance similar to that commonly used for residences constructed on site.
(6)
Each mobile home development shall be served by either public streets which conform to Township requirements for a residential service street or private streets with a minimum cartway width of 18 feet, plus an additional eight feet for each side on which parking is permitted. All streets shall be paved to Township specifications.
§ 166-15.2 Mixed-Use (MU) Zoning District.
[Added 12-7-2000 by Ord. No. 00-14; 6-7-2001 by Ord. No. 2001-11]
A.
Purpose. The purpose of the MU (Mixed-Use) Zone District is to provide for the construction of a variety of single-family and multifamily dwellings, as well as limited commercial development, and to create a realistic opportunity for the construction of a portion of the low- and moderate-income housing obligation to the Township of West Deptford under New Jersey's Fair Housing Act, N.J.S.A. 52:27D-301 et seq., the rules of the New Jersey Council on Affordable Housing, N.J.A.C. 5:93-1 et seq., and the Mount Laurel doctrine.
C.
Maximum gross density of planned residential developments: 8.0 units per acre.
D.
Maximum total number of units in planned residential developments: 710.
E.
Permitted use, principal:
(1)
Single-family detached dwelling units, to a maximum of 25 acres with lots of 20,000 square feet or more within the MU (Mixed-Use) Zone as permitted in the R-1 Rural Residence District.
(2)
Planned residential development, which means an area developed as a single entity which may include single-family detached dwelling units, two-family dwelling unit buildings (i.e., twins), four-family dwelling unit buildings (i.e., quadruplexes), townhouse dwelling units, multifamily flats dwelling units, age-restricted multifamily affordable units, and combination buildings, and may include commercial development permitted in the NC (Neighborhood Commercial) Zone.
(3)
Nonresidential uses permitted in the NC (Neighborhood Commercial) Zone to a maximum of 15 acres in the MU (Mixed-Use) Zone. All nonresidential uses permitted in the NC zone shall front on a major collector or arterial road.
H.
Buffer areas:
(1)
Tract perimeter: 25 feet consisting of preserved existing and supplemental landscape material to provide a reasonable visual buffer between a tract property line and development on the tract.
(2)
To county rights-of-way: 50 feet, to consist of preserved existing and supplemental landscape materials to provide a reasonable visual buffer.
(3)
Between single-family and multifamily uses: 25 feet to consist of preserved existing and supplemental landscape material to provide a reasonable visual buffer.
(4)
To existing developed residential areas located outside of the MU (Mixed-Use) Zone and developed as of the effective date of this section with 10 or more abutting and contiguous lots with an area of more than 10,000 square feet: perimeter single-family detached dwelling units, as defined in Subsection I, Area, bulk and development standards, and Subsection M, Definitions, shall be located along the perimeter of the tract abutting and contiguous to existing single-family detached developments.
I.
Area, bulk and development standards.
(1)
Residential uses.
Standard | Unit Types | |||
|---|---|---|---|---|
Perimeter Single-Family Detached Houses | Single-Family Detached Houses | Two-Family Buildings | Four-Family Buildings | |
Min. lot area (square feet) | 9,000 | 5,000 | 3,000 per unit | 2,000 per unit |
Min. lot frontage | 75 feet | 50 feet | 30 feet per unit | 30 feet per unit |
Min. lot width (at building setback line) | 70 feet | 50 feet | 30 feet per unit | 30 feet per unit |
Min. front yard | 15 feet | 15 feet | 15 feet | 15 feet |
Min. lot depth | 100 feet | 100 feet | 100 feet | 100 feet |
Min. side yard | 10 feet | 15 feet combined, 5 feet min. | 0 foot one side, 10 feet other side | 10 feet, 0 foot common wall |
Min. rear yard | 35 feet | 25 feet | 25 feet | 25 feet |
Max. impervious coverage of lot (structure and paving) | 50% | 60% | 60% | 60% |
Max. height (feet/stories) | 35 feet/2 1/2 | 35 feet/2 1/2 | 35 feet/2 1/2 | 35 feet/2 1/2 |
Max. number of units per structure | 1 | 1 | 2 | 4 |
Min. lot area (square feet) | 3.0 acres | 2,000 per unit | 12,000 per bldg. | 1,500 per unit |
Min. lot frontage | 10 feet per ground-level unit | 20 feet per unit | 120 feet | 20 feet per ground-level unit |
Min. lot width (at building setback line) | 10 feet per ground-level unit | 20 feet per unit | 120 feet | 20 feet per ground-level unit |
Min. front yard | 15 feet | 15 feet | 15 feet | 15 feet |
Min. lot depth | 100 feet | 100 feet | 100 feet | 100 feet |
Min. side yard | 10 feet | 0 foot for common wall; 10 feet for end units | 10 feet | 0 foot for common wall; 10 feet for end units |
Min. rear yard | 25 feet | 25 feet | 25 feet | 25 feet |
Max. impervious coverage of lot (structure and paving) | 75% | 60% | 70% | 60% |
Max. height (feet/stories) | 60 feet/4 1/2 | 38 feet/3 | 42 feet/3 | 42 feet/3 |
Max. number of units per structure | 100 | 8 | 24 | 12 |
Min. bldg. setback from streets (curb or cartway) | 25 feet | 25 feet | 30 feet | 25 feet |
Min. bldg. setback from parking area | 15 feet | 15 feet | 20 feet | 15 feet |
Min. spacing between buildings | 30 feet | 20 feet | 30 feet | 20 feet |
(2)
Nonresidential uses: existing standards of the NC Zone.
J.
Affordable housing requirements.
(1)
Set-aside of housing affordable to low- and moderate-income households:
(a)
Twenty percent of the total units developed on the tract if the units affordable to low- and moderate-income households ("affordable housing") are offered for sale; or
(b)
At the discretion of the developer, 10% of the total units developed in a planned development if the affordable housing is rented, not age-restricted, and qualifies for one-for-one rental bonus credits under the rules of the New Jersey Council on Affordable Housing (COAH), N.J.A.C. 5:93-5.15(d)(1),[1] for up to 71 of the rental bonus credits available to the Township, which are hereby reserved for the MU (Mixed-Use) Zone District; or
[1]
Editor's Note: Provisions are no longer in effect.
(c)
At the discretion of the developer of a planned development, the developer may offer affordable housing for sale and rent, in which case the overall set-aside from the planned development shall be calculated such that the yield of affordable units and credits from the planned development is the equivalent of a 20% set-aside of the total units developed.
(2)
Age-restricted affordable housing. Affordable housing units may be age-restricted, at the discretion of the developer, to the maximum extent allowed for credits against the Township's fair share obligation for such housing under COAH rules, N.J.A.C. 5:93-5.14.[2]
[2]
Editor's Note: Provisions are no longer in effect.
(3)
Affordable housing regulations: The affordable housing shall be developed and sold or rented in accordance with the current applicable COAH rules, including requirements on: split between low- and moderate-income housing, bedroom distribution, range of affordability, pricing and rent of units, affirmative marketing, affordability controls, and construction phasing with the market-rate units developed on the tract.
(4)
Design of affordable housing. The facade of an affordable housing unit shall be indistinguishable from the facade of the market-rate units of the same housing type developed on the tract.
K.
Open space and coverage.
(1)
Tract common open space: A minimum 25% of the tract area developed for units other than single-family detached or age-restricted multifamily affordable units shall be reserved for conservation, recreation, and other common open space uses. The common open space may include wetlands and landscaped stormwater management facilities, but a minimum of 5% of the tract developed for units other than single-family detached shall be common open space unconstrained by wetlands. Portions of the common open space shall be developed for both passive and active recreation. The common open space shall weave between multifamily structures and periodically widen out into usable recreation areas.
(2)
Maximum tract impervious coverage: 65%.
(3)
Streets shall be dedicated to the Township.
L.
Development review.
(1)
In accordance with that for planned development; except for single-family detached dwelling units on lots of 20,000 square feet or more and nonresidential development.
(2)
General development plan approval shall be available at the applicant's option for developments of more than 100 acres.
(3)
A developer may, at its discretion, submit a development application, for subdivision and/or site plan approval, for a section of a planned residential development that is the subject of an approved general development plan, regardless of the size in acres of the section.
M. AGE-RESTRICTED, MULTIFAMILY AFFORDABLE HOUSING USE COMBINATION BUILDINGS FLAT FOUR-FAMILY DWELLING UNIT BUILDINGS or QUADRUPLEXES MULTIFAMILY FLATS MULTIFAMILY USES PERIMETER SINGLE-FAMILY DETACHED HOUSES SINGLE-FAMILY DETACHED DWELLING UNIT SINGLE-FAMILY USES TOWNHOUSE TWO-FAMILY DWELLING UNIT BUILDINGS or TWINS
Definitions. For the purposes of the MU (Mixed-Use) Zone District, the following words and phrases shall have the following meanings:
A multifamily flat building that is restricted to residents of a certain age who meet the U.S. Department of Housing and Urban Development or COAH guidelines for low- or moderate-income tenants of such uses, except that one unit may be available for a non-income-eligible household associated with the use's operation. A portion of the first floor of such a use may be used for office space and ancillary common services related to the principal purpose of the building.
A building containing three or more dwelling units, including units that may be located one over the other, units on more than one floor, i.e., units that are stacked on top of other units, side-by-side, or any combination thereof.
A dwelling unit on one level or floor in a multifamily flats or combination building.
Four attached dwelling units in one building in which each unit has two open space exposures and shares one or two walls with an adjoining unit or units.
A building containing three or more flats, including units that are located one over another.
Four-family buildings, townhouses, multifamily flats, and combination buildings.
Single-family detached houses that serve as a buffer in accordance with Subsection H(4).
A building containing one dwelling unit that is not attached to any other dwelling by any means and is surrounded by open space or yards.
Include perimeter single-family detached houses, single-family detached houses, and two-family buildings.
A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical fire-resistant walls.
A building on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall or exterior wall, except for a common stairwell exterior to both dwelling units.
§ 166-16 PO Professional Office Districts.
[Added 8-21-1980 by Ord. No. 80-17; amended 12-2-1982 by Ord. No. 82-13; 2-20-1986 by Ord. No. 86-2; 1-12-1995 by Ord. No. 94-22]
A.
Purpose. It is the purpose of the PO Professional District to provide for professional offices in selected areas which will provide a reasonable transition between residential areas and incompatible uses.
B.
Permitted uses.
(1)
In PO Professional Office Districts, a building may be erected, altered or used and a lot may be used or occupied for any of the following purposes and no other:
(a)
Professional offices or professional office building for one or more of the following professions: physician, dentist, surgeon or other licensed practitioner of the healing arts for humans; offices of an attorney, accountant, architect, or engineer.
(b)
Offices for a profession not listed above, when authorized as a conditional use by the Planning Board.
C.
Area and height requirements for professional office buildings. All professional office buildings permitted herein shall comply with the following requirements:
D.
Conditional uses shall be the same as in the R-1 District, subject to the provisions indicated in § 166-14A(6).
[Added 3-16-1995 by Ord. No. 95-4]
§ 166-16A Neighborhood Professional Office Districts.
[Added 1-12-1995 by Ord. No. 94-22]
A.
Purpose. It is the purpose of the NPO Neighborhood Professional Office District to provide for professional offices in designated portions adjacent to residence districts in areas which will provide a logical transition between residential development and major nonresidential uses. In all NPO Neighborhood Professional Office Districts, the regulations which follow shall apply.
B.
Permitted uses.
(1)
In NPO Professional Office Districts, a building may be erected, altered or used and a lot may be used or occupied for any of the following purposes and no other:
(a)
Professional offices or professional office building for one or more of the following professions: physician, dentist, surgeon or other licensed practitioner of the human healing arts; offices of an attorney, accountant, architect or engineer.
C.
Conditional uses.
(1)
Any use permitted in the residential district adjacent to the property in question lawfully as of November 1, 1994. Any bulk regulations shall be the same as for the use in the adjacent residential district.
D.
Area and height requirement for professional office buildings. All professional office buildings permitted herein shall comply with the following requirements:
(1)
Minimum lot area: 7,500 square feet.
(2)
Minimum lot width and frontage: 60 feet.
(3)
Front yard depth: 30 feet.
(4)
Side yards: each 10 feet, aggregate of 25 feet.
(5)
Rear yard: 25 feet.
(7)
Heights. Two stories, but not to exceed 35 feet, above the mean final grade level surrounding the building.
[Amended 4-3-2014 by Ord. No. 2014-08]
E.
Special use regulation. All professional office buildings shall be subject to the following regulations:
(1)
Professional office buildings shall be architecturally in keeping with the residential character of the area in which they are located.
(2)
All application for a permit for a professional office building, on original construction or on conversion, shall be subject to site plan review and approval by the Planning Board.
(3)
Parking spaces shall be provided in accordance with the requirements of § 166-33 hereof. Such parking areas shall be located in the rear of the building and shall be appropriately landscaped and/or fenced to provide a visual buffer between the parking areas and property owners adjoining and directly opposite therefrom.
(4)
The following signs shall be permitted:
(a)
Signs which are permitted in residence districts.
(b)
One sign identifying the name and/or address of the professional office building and one office directory sign, each of which shall be in accordance with the size and location requirements of § 166-43B(2)(b) hereof.
[Amended 4-3-2014 by Ord. No. 2014-08]
(5)
All exterior lighting shall be arranged in such a manner so as to protect adjoining streets and properties from any direct or indirect glare or interference of any kind. All such lighting shall be equipped with glare-shielding devices and be at a height maximum approved by the Planning Board at the time of site plan approval.
(6)
All vehicular access to and from the premises shall be through designated driveways or lanes. There shall be no more than two such access-exit points on any one street or highway.
§ 166-16B AH (Affordable Housing) Zone District.
[Added 8-21-2024 by Ord. No. 2024-10]
A.
Purpose. The purpose of the AH Zone District is to provide for the construction of a variety of single-family and multifamily dwellings, and to create a realistic opportunity for the construction of a portion of the low- and moderate-income housing obligation to the Township of West Deptford under New Jersey's Fair Housing Act, N.J.S.A. 52:27D-301 et seq., the rules of the New Jersey Council on Affordable Housing, N.J.A.C. 5:93-1 et seq., and the Mount Laurel doctrine.
B. TOWNHOUSE; TOWNHOUSE UNIT
Definition. For the purposes of the AH (Affordable Housing) Zone District, the following words and phrases shall have the following meanings:
One of a series of single-family dwelling units which is attached to, either an adjacent to or stacked on top of, one or more townhouse units by a common wall which meets fire- and sound-resistant requirements of the Construction Code.
D.
Permitted accessory uses.
(2)
Fences and walls.
(3)
Satellite dish antennas.
(4)
Off-street parking, private residential garages, and motor vehicle electric charging stations.
(5)
Common buildings such as clubhouse, garage, and/or maintenance buildings and structures.
(6)
Refuse enclosures for dumpsters or trash compactors.
(7)
Decks and patios.
(8)
Private, public and community recreation such as walking paths, fields, playgrounds, courts, fields, community greens, and parks.
(9)
Up to but not more than one caretaker/manager units.
(10)
Private residential swimming pools and other usual recreational facilities customarily associated with single-family detached lots only.
(11)
Private residential sheds for storage (other than for vehicles) and other customary single-family detached residential accessory structures, e.g. gazebos, cabanas, etc., owned by the residents of the property and each not exceeding 15 feet in height, and not exceeding 168 square feet in gross floor area. Once such structure is permitted on single-family detached lots only.
(12)
Community buildings and structures as approved on a site plan, including but not limited to trash compactors, refuse containers, garages, sheds, parking, lighting, and landscaping.
(13)
Temporary construction trailer(s) not exceeding 750 square feet in area, set back at least 10 feet from all property lines, and shown on the approved site plan.
(14)
Temporary sales and leasing trailer not exceeding 750 square feet in area, set back at least 10 feet from all property lines, and shown on the approved site plan.
E.
Density, area, and yard requirements.
(1)
Overall tract (+/- 118.5 acres).
(a)
Maximum residential overall tract density: 5.5 dwelling units/acre with a maximum residential yield of 650 residential units. OF all residential units developed on the overall tract, 20% of those units shall be reserved for occupancy by very-low-income, low-income and moderate-income households in accordance with the provisions of Subsection F. Subdivision of lots for single-family, townhouse, apartment, and commercial development is permitted without individual lot conformance to the tract density requirements, provided the entire tract remains in conformance.
(b)
Open space and recreation will be provided on 10% of the total tract, of which more than 10% must be suitable for active recreation use and must not be wetlands, wetland buffers, 100-year floodplains or detention basins. Open space can include stormwater management areas, landscape buffers, steep slopes, flood hazard areas, riparian zone buffers, wetlands and wetlands buffers.
(c)
Minimum tract perimeter front, side, and rear yard buffers: 75 feet (all other buffer widths as noted below).
(2)
Single-family detached dwelling.
(a)
Lot area and width. A minimum lot area per family shall be provided for every building hereafter erected or used in whole or in part as a dwelling in accordance with the following:
(b)
Building area. Not more than 35% of the area of each lot may be occupied by buildings.
(c)
Yards. Front, side and rear yards shall be provided on each lot as follows, subject to § 166-36D:
[1]
Front yard: a front yard along each street which the lot abuts, not less than 30 feet in depth.
[2]
Side yards: two side yards, not less than 25 feet in aggregate width, and neither less than 10 feet; except that on corner lots, two side yards shall be provided, perpendicular to the streets, neither of which shall be less than 15 feet in width.
[3]
Rear yard: one yard, not less than 25 feet in depth, except that none shall be provided on corner lots where two front yards and two side yards are provided.
(3)
Adjacent townhouse.
(a)
Minimum lot area: 1,920 SF, interior lot/2,240 SF, end lot.
(b)
Minimum lot width: 24 feet, interior lot/28 feet, end lot.
(c)
Minimum lot frontage: 20 feet.
(d)
Minimum lot depth: 80 feet.
(e)
Maximum lot coverage 85%, interior lot/75%, end lot.
(f)
Side yard: 0 feet, interior lot/five feet, end lot.
(g)
Garage setback: 20 feet where garage doors are provided in the principal structure between garage and a public street, alley or parking lot.
(h)
Front yard setback: 10 feet, including building walls, porches, stoops, landings, stairs, and decks.
(i)
Rear yard setback: 10 feet, including building walls, porches, stoops, landings, stairs, and decks.
(j)
Minimum distance between buildings: 25 feet.
(k)
Maximum number of units per building: six.
(l)
Maximum building length: 192 feet.
(m)
Maximum building height: 35 feet/three stories.
(n)
The building walls of every two townhouse units must be offset a minimum of 18 inches, to provide shadow and variety.
(4)
Stacked townhouses.
(a)
Minimum lot width: 200 feet.
(b)
Minimum street frontage: 200 feet.
(c)
Maximum lot coverage: 65%.
(d)
Maximum building height: 45 feet/four stories.
(e)
Minimum distance between buildings: 20 feet.
(f)
Individual building setbacks from the curb lines of drive aisles, internal streets, or parking area: 10 feet.
(g)
Accessory buildings and structures including shared parking garages, private garages, sheds, trash enclosures, must not be located closer than 12 feet to the principal building and not closer than 12 feet to any outer limit perimeter property line.
(h)
Maximum accessory building height: 22 feet and one story.
(5)
Apartments.
(a)
Minimum lot width: 200 feet.
(b)
Minimum street frontage: 200 feet.
(c)
Maximum lot coverage: 65%.
(d)
Maximum building height: 45 feet/four stories.
(e)
Minimum distance between buildings: 25 feet.
(f)
Building setbacks from the curb lines of drive aisles, internal streets, or parking area: 10 feet.
(6)
Accessory buildings and structures including sheds, and trash enclosures.
(a)
Maximum accessory building height: 12 feet and one story.
(b)
Maximum clubhouse building height: 24 feet.
Notes: | |
[1] | The minimum lot area requirements are higher than the minimum lot width and lot depth requirements; however, the intention is to provide flexibility in the configurations of lots and the placement of units upon the lots. Where lot depth is greater than the minimum required to accommodate rear or side entry garages, the lot widths would decrease; and vice versa, nonetheless, the minimum lot area should be provided. |
[2] | Building frontage should not be less than 75% of the actual lot width requirement. |
F.
Affordable housing requirements.
(1)
Any development of the overall tract is subject to a 20% affordable housing set aside. Since the project is limited to 650 total units, a 20% affordable housing set-aside would result in 130 total affordable units in the project.
(2)
The configuration (unit size and affordability levels) of the 130 affordable units in the project shall be designed and completed in accordance with the Fair Housing Act (FHA), the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.) (UHAC), and Prior Round Council on Affordable Housing (COAH) regulations (N.J.A.C. 5:93-1.1 et seq.) as follows:
(a)
Deed restriction period. The developer shall have an obligation to deed restrict the affordable units in the developer's project as very-low, low- or moderate-income affordable units for a period of at least 30 years from the date of the initial certificate of occupancy is issued for each affordable unit (the "deed-restriction period"), so that the Township may count each affordable unit against its obligation to provide family rental affordable housing. The affordable units shall be subject to the deed restriction period, unless and until the Township, in accordance with applicable law, extends or releases the controls on affordability. The deed restriction period is not intended to be perpetual, and upon the conclusion of the initial thirty-year period, the developer and the Township shall reach agreement relative to the terms of either the release or extension of the controls on affordability.
[1]
Rental affordable units. If the Township and developer cannot agree on an extension of the initial thirty-year prior of affordability controls for affordable family rental units in the developer's project and takes action to release the controls, the controls shall remain in effect on affordable family rental units until the date on which a rental unit shall become vacant, provided that the occupant household continues to earn a gross annual income of less than 80% of the applicable median income. See N.J.A.C. 5:80-26.11(b). If, at any time after the end of 30 years after the date of initial occupancy, a rental household's income is found to exceed 80% of the regional median income, the rental rate restriction shall expire either at the next scheduled lease renewal or 60 days later, whichever is later. See Ibid. The term "family rental" in this agreement means rental units that are not age restricted.
[2]
For-sale affordable units. If the Township should choose not to extend the affordability controls on for-sale affordable units in the developer's project and takes action to release the affordability controls, the affordability controls shall be released via the Township's adoption of an ordinance or via quitclaims deed or both, at the Township's election. Any for-sale affordable units constructed on the site will not be age-restricted.
(b)
Deed restriction. The developer shall execute and record a deed restriction in a form not inconsistent with UHAC regulations and approved by the Township before the first certificate of occupancy is issued for the inclusionary development. The deed restriction will be recorded in the Gloucester County Clerk's office.
(c)
Income distribution requirements. The affordable units in the developer's project shall be split between very-low income, low-income and moderate-income units. Pursuant to N.J.S.A. 52:27D-329.1, no less than 13% of the affordable housing units shall be reserved as very low-income housing units, no less than 37% of the affordable units shall be available as low-income housing units, and no more than 50% of the affordable units shall be available as moderate-income housing units, as such terms are defined in N.J.S.A. 52:27D-304 and UHAC. Should 130 total affordable units be constructed on the property, the developer's project will consist of 17 very-low-income units, 48 low-income units and 65 moderate-income units.
(d)
Bedroom mix. UHAC regulations require that at least 20% of the affordable units in the developer's project shall be three-bedroom units, but not more than 20% of the affordable units in the developer's project shall be one-bedroom units, and at least 30% of the affordable units in the developer's project shall be two-bedroom units. The balance may be two- or three-bedroom units, at the discretion of the developer. The income levels of very-low, low, and moderate households shall be as defined by applicable COAH and UHAC regulations. Notwithstanding the foregoing, the developer shall be entitled to maintain an affordability average of 52% of median income for all affordable units in accordance with applicable UHAC provisions.
(e)
Adaptability requirements. All new construction affordable units shall be adaptable in conformance with N.J.S.A. 52:27D-311a to 311b and all other applicable laws.
(f)
Other affordable housing unit requirements. The developer will also comply with all of the other requirements of UHAC and COAH prior round regulations, including, but not limited to:
(g)
Administrative agent. The developer shall contract with a qualified and experienced third-party administrative agent, which may be the Township's administrative agent, for the administration of the affordable units and shall have the obligation to pay all costs associated with properly deed restricting the affordable units in accordance with this Agreement for the deed-restriction period. The developer and the developer's administrative agent, should the administrative agent not be the Township's administrative agent, shall work with the Township and the Township's administrative agent regarding any affordable housing monitoring requirements imposed by COAH or the court. In that event, the developer and/or the developer's administrative agent, shall provide, within 30 days after written notice, detailed information reasonably requested by the Township or the Township's administrative agent concerning the developer's compliance with UHAC, any applicable court orders, and other applicable laws.
(h)
Phasing. The affordable units and the market rate units on the site have to be properly phased in accordance with COAH Prior Round Phasing Regulation [N.J.A.C. 5:93-5.6(d)], which is broken down in further detail as follows:
Min. % of Affordable Units Completed | Maximum % of Market Units to be Completed |
|---|---|
0% | 25% |
10% | 25% + 1 unit |
50% | 50% |
75% | 75% |
G.
General requirements.
(1)
General height and yard exceptions.
(a)
The maximum building height set forth above will not apply to any of the following structures or appurtenances, provided that no structure or appurtenance as described below may extend to a height exceeding the maximum permitted height by a 10% if screening or architectural design features are provided to shield rooftop mechanical equipment from view.
[1]
Architectural ornamentation including cupolas, domes, monuments, flagpoles, masts, aerials, and/or equipment and elevator penthouses and like structures required to be placed above the roof deck/slab and not intended for human occupancy.
[2]
Rooftop equipment, air-conditioning compressors, air handlers, chimneys, smoke stacks, and the materials and structures required to screen such equipment including parapets, mansards, louvers, grillage, and ornamental roofing are permitted to exceed the permitted height; and areas of flat roof to accommodate aforementioned equipment is permitted.
(b)
Covered and uncovered stairs and covered stoops will be permitted to encroach into required yard areas up to four feet.
(c)
Secondary roof eaves for covered porches porticoes, stairs, and stoops will be permitted to project into yard areas by up to an additional 12 inches.
(d)
Principal eaves of pitched roofs will be permitted to project into yard areas by up to 18 inches.
(e)
The townhouse units will provide for trash and recyclable storage within garages. The stacked townhouse or apartment section of the project must have trash compaction/recycling area(s) to manage the solid waste generated by the residents of the units. A detail of the central trash/recycling area(s) must be provided on the plans. Central trash and recycling area(s) enclosures must be properly sized for the number of units served and frequency of pick-up and must be surrounded on three sides by an enclosure at least six feet high, finished to match or complement the principal buildings. Plantings shall be provided to appropriately screen the trash and recycling enclosures. The use of compactors is encouraged.
(f)
Trash receptacles, compactors, and dumpster storage areas must be effectively screened by enclosures designed to complement the principal building and should be buffered with landscaping.
(g)
Building and mechanical equipment, including but not limited to HVAC, meters, grills, elevator cabinets, and satellite dishes, should be located so as to be visually shielded from the public street to the extent allowed by utility companies.
(h)
Ganged mail boxes, must be located where safe pedestrian and vehicular access can be provided.
(i)
All common yard areas, open space, basins, wooded areas, and similarly situated open areas will be maintained by the homeowners' association or management entity, not individual property owners.
(j)
A reverse frontage planted landscape buffer will be provided along Jessup Road and Kings Highway.
H.
Sidewalks, parking, drive aisles, and streets.
(1)
Physical pedestrian improvements are envisioned to connect the entire tract. Specifically, connections within the overall development and path systems within the individual parcels of development should provide continuous circulation and will be provided.
(2)
Areas for outdoor dining in residential and commercial public areas may be provided; however, a minimum of four-foot-wide pedestrianway must be maintained and physically separated from the outdoor dining areas by fencing or landscape material.
(3)
Interior sidewalks. Where parking is provided perpendicular adjacent to sidewalks, sidewalks must be a minimum of six feet wide to provide for vehicle overhang and allow accessibility.
(4)
Parking.
(a)
Parking requirements for residential uses will comply with the New Jersey Residential Site Improvement Standards (RSIS) pursuant to N.J.A.C. 5:21-1.1 et seq.
(b)
Minimum bicycle space one space/50 parking spaces.
(c)
At least one shade tree will be provided for every 10 parking spaces. The perimeter of parking lots will be landscaped at the ends of parking runs where practical.
I.
Open space and public civic space.
(1)
Areas on site that do not contain buildings, parking areas, roadways or driveways should be designed as open space areas for the passive recreation, visual enjoyment, and gathering of the residential community.
(2)
Recreational facilities, including but not limited to community gardens, walking paths, bike racks, tennis, bocce, or other courts or play surfaces, outdoor seating, pavilions, grills, and picnic areas, are required for residential developments of 40 units or more.
(a)
All areas of sidewalk will connect and be continuous with pedestrian crossing locations clearly detailed in driveways, access aisles, and parking rows.
(3)
Indoor amenities and common areas will be provided to the multi-family residential units at a minimum. Indoor amenities include meeting and party rooms, fitness centers, conference areas, libraries, reading rooms, or similar uses.
(4)
Recreational facilities for a type different than those mentioned above may be proposed for substitution by the developer and submitted for approval of the Board or requested by the Board.
J.
Buffers, landscaping, and fences.
(1)
Landscaping and street trees.
(a)
Conformance. To promote a desirable visual environment through creative techniques and good civic design and arrangements; and to promote the conservation of open space and valuable natural resources in the Township, development will comply with the minimum landscape architectural standards set forth herein, or provide a more appropriate design relative to the specific aspects of a site or development proposal with the approval of the Board. All sites should be designed to enhance the visual quality of the site; provide safe vehicular and pedestrian circulation; protect against potential natural and man-made hazards in a manner which will promote the public health, safety and general welfare.
(b)
Acceptable plant materials and specifications.
[1]
Street trees must be single trunk, full, and uniform specimens with a minimum caliper of 2.5 inches at the time of planting, and shall be balled and burlapped.
[2]
Street trees, parking lot trees and trees near walkways shall be single trunk, full, and uniform specimens, and must have branching not lower than seven feet above grade to avoid conflicts with pedestrians, vehicles, or signs. Any trees within any sight triangle must be pruned to a seven-foot branching height, and such location will be approved by the Board Engineer.
[3]
All plants must be planted in accordance with appropriate planting details and notes, to ensure the proper installation, survival and growth of all plantings for a minimum of two years.
[4]
Tree varieties should be appropriate for the site's soil condition and sun exposure, resistant to diseases and insects, and where necessary, tolerant of road salt and drought. A monoculture of tree species shall not be specified in large blocks or groupings. A variety of tree species should be utilized throughout the site. If visual uniformity is the desire for street tree blocks, this should be achieved by choosing a variety of species which have similar visual characteristics:
[a]
Genetically diverse species should be utilized that fall into the following similar aesthetic features:
[i]
Distance of ground to tree canopy's first branch.
[ii]
Similar tree size and shape.
[iii]
Similar branching density and foliage texture.
[iv]
This approach will create a greater biodiversity and avoid the total loss of an entire block of street trees which has previously occurred with the ash and elm trees.
[5]
No tree shall interfere with utilities, roadways, sidewalks, street or parking lot lighting, sight distances, driveway aprons or fire hydrants.
[6]
Replacement trees must conform to the type of originally planted tree in a given area, provided that, if any deviation is anticipated, it must be done only with the written permission from the Township Planner or landscape architect.
(c)
Streetscape. Landscape architectural development of the streetscape will be provided on all existing and proposed streets upon which the site has or creates frontage. Improvements consistent with one of the streetscape types below will be provided. If existing trees are preserved within 10 feet of the curb, the number of required trees may be reduced at the discretion of the Board. Site furnishings such as benches decorative pedestrian scale lighting, kiosk, clocks, trash, and recycle receptacles, bicycle racks, planters, and flagpoles shall be provided where appropriate, as required by the Board.
[1]
Formal tree-lined avenue. This type of street tree planting is appropriate for streets within the Township with a more formal or suburban nature. These areas typically provide curb and/or sidewalk where little existing vegetation remains. The following standards will apply:
[a]
Shade trees will be provided within the right-of-way, along each side of all street frontages, between the curb and sidewalk. Where trees interfere with overhead wires, they may be placed behind the curb and sidewalk in an easement.
[b]
Street trees will be planted uniformly at a maximum spacing of 40 feet on center. This spacing may be reduced if narrow, upright trees are utilized.
[c]
When visual uniformity is the desire for street tree blocks, this should be achieved by choosing a variety of species which have similar visual characteristics.
[2]
Informal street trees. This type of streetscape development is appropriate along streets within areas of development with an informal, rural, scenic and rustic character. Typically, some existing vegetation may remain after development and curbs and sidewalks may or may not be present. The following standards will apply:
[a]
Trees should be placed in clusters in an informal pattern with varied spacing, species, and massing along the road. Planting design should accentuate views and integrate existing vegetation and site features.
[b]
The total number of trees will average one tree for every 40 linear feet of roadway on each side of the roadway.
(d)
Stormwater management areas. Stormwater management areas include bioretention systems, constructed stormwater wetlands, detention and infiltration basins, drainage ditches and swales, and wet ponds. Stormwater management areas and plantings will be designed in accordance with New Jersey Stormwater Best Management Practices Manual (BMP). Sensitively designed basins and swales can be a visually pleasing benefit to the health, welfare and safety of West Deptford Township residents. The general design concept of these areas should be to deemphasize their function creating aesthetic landscape features.
[1]
The area will be graded creatively to blend into the surrounding landscape and the design of the site, i.e., provide an informal meandering edge with varying slopes and gentle berming in locations emulating a natural topographic feature.
[2]
The perimeter, side slopes, and bottoms of stormwater management areas may be planted with shade trees at the rate of one tree for 1,000 square feet of area, subject to approval of the Board engineer. Of this quantity, 10% will be two-inch caliper trees, 20% will be 1.5-inch caliper trees, and 70% will be one-inch caliper trees.
[3]
Additional shrub and herbaceous plant material should be planted in accordance with the New Jersey Stormwater Best Management Practices Manual, Chapter 7, Landscaping. Special preference should be given to those species of trees and plants which have known pollutant-removal abilities. When other ornamental plants are used, they will be types compatible with the natural environment.