A home occupation, as defined by this chapter, shall be permitted as an accessory use for a single-family detached dwelling unit in the specified zoning districts, provided that the following standards are observed:

The Zoning Officer shall decide whether a use is a home occupation and meets the standards listed in this Part 3. If the Officer is unable to decide whether a proposed use is a home occupation or whether a use violates the standards of this section, the Board of Adjustment[1] shall make the final determination.

Information. In addition to the general site plan requirements of Part 4, the site plan submitted for a gasoline service station or repair garage shall include the following information:

Location.

Design standards.

Standards of operation.

In addition to normal site plan review requirements, the applicant shall submit the following information:

The design of any building in connection with said use shall conform to the general character of the area in which it is to be located. The applicant shall demonstrate that the proposed use will in no way adversely affect the safe and comfortable enjoyment of neighboring properties.

Adequate screening and buffering shall be provided for all such uses to prevent glare or noise beyond the limits of the parcel.

Design standards.

Sewer and water. Proposed planned shopping centers shall indicate that adequate provisions have been made for water supply and sewerage facilities. Shopping centers shall be connected to a municipal or regional utility authority or shall develop an adequate on- or off-tract system. Applications which depend on public utilities shall submit a document indicating approval of these agencies and the availability of sufficient capacity to accommodate this project prior to site plan review. Developments which propose the establishment of water and sewer facilities shall submit documents indicating the approval of the design, construction and manner of operation by the Borough Engineer, County Department of Health and the New Jersey Department of Environmental Protection.

A minimum lot area of five acres shall be required for a planned shopping center. Such lot shall not have less than 400 feet of frontage on a public street, and no structure shall be permitted within 150 feet of the street.

Evidence shall be submitted indicating that at least four prospective tenants are interested in locating in such a facility.

The maximum lot coverage of principal uses shall not exceed 25% of the lot area. The maximum lot coverage of both the buildings and impervious surfaces shall not exceed 85% of the gross lot area.

Information. In addition to the other information required for site plan review, the applicant shall submit a detailed description of the proposed industrial facilities and the materials, processes, products and by-products involved. Specific information shall be included concerning the potential impacts and the proposed control strategies, with respect to the following:

Standards of performance. No use shall be permitted within the borough which does not conform to the following standards of use, occupancy and operations. The following standards are the minimum requirements to be maintained within the borough:

Tract size. A minimum tract of five acres shall be required for multifamily developments with not less than 300 feet of frontage on any improved or proposed public street.

Density. Unit density for any tract shall not exceed six dwelling units per net acre in the Borough of Woodstown.

Impervious surface ratio. No more than 30% of the gross lot area shall be devoted to impervious surfaces, exclusive of recreation areas or areas devoted to structures.

Open space. A minimum of 35% of the gross lot area shall be devoted to common or private open space. Buffer strips and parking areas shall not be included in the calculation of open space. The open space shall be designed to provide private, semipublic and public open space in an interconnected and contiguous manner.

Parking. Off-street parking shall consist of a minimum of two spaces per dwelling unit plus one space for each bedroom in excess of two bedrooms per dwelling unit. All parking shall be provided within 150 feet of the most distant unit served.

Recreation areas. Passive recreation areas shall be provided at the rate of 100 square feet per dwelling unit. A minimum of 5,000 square feet shall be provided for each development or phase of development. All recreation areas shall be improved by the developer, including physical facilities, equipment, access walkways and landscaping. The approving authority shall review the recreation plans in accordance with the following criteria:

Buffer requirement. A minimum buffer area of 50 feet shall be provided between a multifamily development and adjacent properties on all sides. When a multifamily development abuts an existing development of the same unit type, the buffer requirement may be reduced to 35 feet.

Building setback. Every building shall have a minimum setback of 50 feet from any public street, 35 feet from any interior service road and 20 feet from any parking area.

Building separation. A minimum distance of 30 feet shall separate all multifamily dwelling structures. Buildings located parallel to each other shall have a minimum distance of 100 feet between structures.

Building arrangement. Buildings shall be located and designed in a manner that will result in residential clusters centered on landscaped common open space areas. Units in each residential cluster shall be consistent in terms of architectural style and major design elements, such as materials, windows, ornamentation, rooflines and design.

Building design. Attached buildings shall have breaks in both the roofline and front building walls, as specified below:

Landscaping. All such landscaping shall be subject to the approval of the borough approving authority and shall not supplant the need for a complete landscaping plan as part of the site plan review.

Minimum floor area. The minimum gross habitable floor area of multifamily dwellings shall conform to the building standards of the Schedule of District Regulations,[1] except that the minimum floor area for a one-bedroom townhouse or multiplex shall be the specified minimum for a single-family dwelling rather than the multifamily standard. For all multifamily units with more than one bedroom, the specified minimum multifamily dwelling unit standard shall apply.

Improvement requirements. Driveways, parking areas, lighting, buffer strips, landscaping and other requirements shall be designed in accordance with the appropriate standards of Parts 4 and 5 of this chapter.

Garden apartments. The following regulations shall apply only to garden apartments:

Townhouses. The following regulations shall apply only to townhouses:

Multiplexes. The following regulations shall apply only to multiplex dwelling units:

Common areas. Any tract of land to be developed as a multifamily development shall be under common ownership or, in case of multiple or contiguous ownership of the tract, shall be developed pursuant to a single plan with common authority and common responsibility. Submission of either condominium documents or appropriate deed restrictions and/or maintenance bonds ensuring proper maintenance of the building and common areas shall be required prior to the issuance of final site plan approval.

Purpose. The borough has determined that there is a local and regional need for affordable barrier-free housing to enable individuals with disabilities to live independently with supportive services in a convenient location within an established community. Consistent with findings in the Housing Element and Fair Share Plan, this conditional use will provide housing opportunities for those with special needs and will welcome new residents to the community while meeting some of the borough's affordable housing obligations. The use is being permitted in the R5 Zoning District, because available developable land remains there and the housing may be designed as an integral part of the community.

Bulk and area requirements.

Performance standards.

Provisions applicable to residential units.

General provisions applicable to all accessory structures.

Residential accessory uses.

Nonresidential uses.

Grandfathering provision. Any accessory structure lawfully existing as of the date of the effective date of the ordinance revising Section 67-69 may continue as an existing nonconforming structure, subject to the limitations of Section 67-43.

Applicants must pay all application fees and initial review escrow deposits as provided below. Fees and initial review escrow deposits are due and payable when the application is filed with the Planning Board Secretary, and must be submitted to the Planning Board Secretary with the application.

Fees to be paid shall be according to the following schedule:

Initial review escrow deposits shall be paid according to the following schedule:

The Planning Board Secretary shall deliver the initial review escrow deposits to the Borough Chief Financial Officer (CFO), who shall establish a separate bank account for each applicant's review escrow. The applicant must provide all information and documentation reasonably requested by the CFO to establish the account. Review escrow accounts shall be separate from any inspection escrow accounts established pursuant to N.J.S.A. 40:55D-53 et seq.

The Planning Board's and Borough's professionals (including the Planning Board's and Borough's Engineers, Planners, Solicitors, and any other professional consultant retained by the Board or the Borough) shall charge the Borough for review of applications; review and preparation of documents; review of compliance with conditions of approval or requests for modification or amendment made by the applicant; inspection of improvements and developments under construction; and other purposes under the provisions of the Woodstown Borough Code and the Municipal Land Use Law, including review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the Planning Board or Borough. Such charges shall be submitted to the Borough by bills and vouchers to the Planning Board Secretary or CFO on a monthly basis or at other reasonable intervals in accordance with schedules and procedures established by the CFO. The only costs that may be included in any such charges shall be actual out-of-pocket expenses of the professionals, including normal and typical expenses incurred in processing applications and inspecting improvements, or such other expenses as may be incurred at the direction of the Planning Board or Borough in consultation with an applicant or applicant's legal counsel. Each bill and voucher shall identify the personnel performing the services; each date services are performed; the hours spent to at least one-quarter-hour increments; the hourly rate; and any expenses incurred. The professionals shall simultaneously send informational copies of all bills and vouchers to the applicant. The CFO shall make all of the payments to the professionals for services rendered to the Planning Board or Borough, and shall cause the Borough to be reimbursed for all such payments from the applicant's review escrow.

The CFO shall prepare and send to the applicant statements which shall include an accounting of funds listing all deposits, interest earnings, disbursements, and the cumulative balance of the review escrow account. This information may be provided at any time, but shall be provided at least on a quarterly basis if monthly charges are $1,000 or less, or on a monthly basis if monthly charges exceed $1,000. Whenever a review escrow account balance falls below 50% of the total initial escrow deposit amount, or otherwise contains insufficient funds to reimburse the Borough for bills and vouchers that have been submitted or are anticipated for the above-described services, the CFO shall provide the applicant with written notice of the insufficient escrow balance. The notice shall require the applicant to replenish the review escrow in an amount sufficient to pay all submitted or anticipated professional bills as directed by the CFO, and to restore the escrow account balance to the total initial escrow deposit amount, provided that the CFO may require a lower replenishment amount if so recommended by the professionals or, if special circumstances attend any particular application, or if special consultants are being hired by the Planning Board or Borough in connection with any particular application, the CFO may require such higher replenishment amount as may be recommended by the professionals. The applicant must remit the requested review escrow replenishment amount to the CFO within five business days following the date of any request, or within such other reasonable deadline as may be determined by the CFO in consultation with the professionals.

If a requested review escrow replenishment is not received by the specified deadline, the CFO shall notify the professionals and the Planning Board Chair and Secretary, whereupon the Chair may request the professionals to cease work on the application until further notice unless otherwise agreed by the Borough, the Planning Board, and the applicant, provided that, in the interim, any required health and safety inspections shall be made and included in the required replenishment amount.

If a deadline for completeness review or decision on an application is approaching and a requested escrow replenishment has not been remitted as required, the Planning Board may certify the application incomplete and/or deny the application without prejudice pending payment of the replenishment amount and any additional amounts necessary to reimburse or pay the Borough for professional billing that has accrued to date and restore the review escrow account balance to the required level. Any application denied without prejudice as provided above may be reactivated for further substantive review and decision without refiling upon the applicant's written request and payment of the reapplication fee if the necessary replenishment is received within one year following the Board's denial. After that the application may be refiled as a new application, provided that the applicant for any subsequent application made in connection with a property or part thereof that was subject to a previous application for which a previously required replenishment was not made shall, in addition to payment of all application fees and initial review escrow deposit amounts required for the new application, be conditioned on full payment or reimbursement to the Borough for all professional bills relating to the previous application(s), and shall not be certified or deemed complete until such full payment/reimbursement is made.

Upon receiving a written request from an applicant to close a review escrow account and refund any remaining balance pursuant to N.J.S.A. 40:55D-53.1, the CFO shall write to all Planning Board and Borough professionals and other professionals who have worked on the application requesting them to advise the CFO, within 30 days, of the status of each professional's billing, including any bills that have been submitted but not paid, any amounts accrued for which bills have not yet been submitted, and whether and to what extent any further billing is anticipated based on the status of the application. Based on the responses from the professionals, the CFO shall determine whether or not the review escrow account can be closed and refunded as requested, and/or whether, and in what amount, the review escrow account must be replenished to cover remaining or anticipated billing.

Whenever an amount of review escrow money in excess of $5,000 is deposited by an applicant, the money, until repaid or applied to the purposes for which it is deposited, including the applicant's portion of the interest earned thereon, except as otherwise provided above, shall continue to be the property of the applicant and shall be held in trust by the Borough. The CFO shall deposit it in a banking institution or savings and loan association in this state insured by an agency of the federal government, or in any other fund or depository approved for such deposits by the state, in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The CFO shall notify the applicant in writing of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. The CFO shall not be required to refund an amount of interest paid on a deposit which does not exceed $100 for the year. If the amount of interest exceeds $100, that entire amount shall belong to the applicant and shall be refunded to the applicant by the CFO annually or at the time the deposit is repaid or applied to the purposes for which it was deposited, as the case may be; except that the Borough may retain for administrative expenses a sum equivalent to no more than 33 1/3% of that entire amount, which shall be in lieu of all other administrative and custodial expenses.

Inspection escrows posted as a condition or requirement of development approval shall be established as separate accounts and governed by N.J.S.A. 40:55D-53 et seq.