Woolwich Township City Zoning Code
PART 1
Zoning Regulations
§ 203-1 Purpose.
The purpose of this chapter is to regulate the nature and extent of the uses of land and of buildings and structures thereon for the purposes set forth in the Municipal Land Use Law[1] and to exercise the power to zone granted to municipalities of the State of New Jersey.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
§ 203-2 Scope.
From and after the effective date of this chapter, the use of all land and every building or portion of a building erected, altered with respect to height and area, added to or relocated, and every use within a building or use accessory thereto, in the Township of Woolwich, shall be in conformity with the provisions of this chapter.
§ 203-3 Interpretation.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. Where the provisions of this chapter impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this chapter shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this chapter, the provisions of such statute, other ordinance or regulation shall be controlling.
§ 203-4 Title.
This chapter shall be known and may be cited as the "Woolwich Township Zoning Ordinance of 1992."
§ 203-5 Definitions and word usage.
[Amended 3-21-1994 by Ord. No. 94-2; 12-5-2005 by Ord. No. 2005-39; 10-27-2008 by Ord. No. 2008-20; 8-4-2014 by Ord. No. 2014-09; 8-18-2014 by Ord. No. 2014-08; 8-20-2018 by Ord. No. 2018-13; 4-6-2020 by Ord. No. 2020-07; 5-18-2020 by Ord. No. 2020-10; 2-21-2023 by Ord. No. 2023-07; 6-5-2023 by Ord. No. 2023-12; 6-5-2023 by Ord. No. 2023-14; 12-30-2024 by Ord. No. 2024-35]
A.
For the purpose of this chapter any words used in the present tense include the future. The singular number includes the plural and the plural the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure"; the word "zone" includes the word "district"; the word "occupied" includes the word "designed" and the phrase "intended to be occupied"; the word "use" includes the words "arranged," "designed" and the phrase "intended to be used"; and the word "shall" is always mandatory.
B. ABANDONMENT ACCESSORY USE OR BUILDING ADMINISTRATIVE OFFICER ADVERSE EFFECT AGRICULTURAL LABOR AGRICULTURAL USE ALTERATIONS APPLICANT AREA, BUILDING ASSEMBLY, LIGHT BASEMENT BOARD BOARD OF JURISDICTION BREWERY BREWPUB BUILDING BUILDING HEIGHT BUILDING LINE BUILDING SEPARATION CARTWAY COMMITTEE COMMON OPEN SPACE CONDITIONAL USE CONGREGATE CARE FACILITIES CONSERVATION EASEMENT CONVENIENCE COMMERCIAL CONVENIENCE STORE COUNTY BOARD CURB LEVEL DAY-CARE CENTER/NURSERY SCHOOL/CHILD-CARE CENTER DEED RESTRICTION DENSITY DEVELOPMENT DUPLEX DWELLING(1) (2) (3) (4) (5) (6) (7) (8) FACADE FAMILY FARMHOUSE FARMLAND PRESERVATION PROGRAM FARMSTEAD FENCE FLOOD HAZARD AREA(1) (2) FLOODPLAIN FLOODWAY FLOOR AREA (also referred to as "gross floor area") FLOOR AREA RATIO FRESHWATER WETLAND or WETLAND GARAGE, PRIVATE GARAGE, PUBLIC OR COMMERCIAL GENERAL DEVELOPMENT PLAN GOLF COURSE(1) (a) (2) (3) (4) (5) (6) (7) (8) (9) GRANTOR GREENWAY LAND GROSS LAND AREA HOME OCCUPATION(1) (2) (3) (4) HOME PROFESSIONAL OFFICE HOTEL INDUSTRIAL, LIGHT INTENSIVE FOWL OR LIVESTOCK FARM JUNKYARD LANDOWNER LANDSCAPE AREA LETTER OF INTERPRETATION (LOI) LOADING SPACE LOT LOT AREA LOT, CORNER LOT COVERAGE LOT DEPTH LOT FRONTAGE LOT WIDTH MANUFACTURING MANUFACTURING, LIGHT MASTER PLAN MINI-WAREHOUSE MUNICIPALLY APPROVED FARMLAND PRESERVATION PROGRAM NONCONFORMING STRUCTURE NONCONFORMING LOT NONCONFORMING USE NURSING HOME OFF SITE OFF-STREET PARKING SPACE OFF TRACT ON SITE ON-STREET PARKING SPACE OPEN SPACE(1) (2) (3) (4) PLANNED DEVELOPMENT PLANNED INDUSTRIAL DEVELOPMENT PLANNING BOARD PRESERVED FARM(1) (2) (3) (4) PRINCIPAL BUILDING OR USE PROFESSIONAL OFFICE PUBLIC AREAS PUBLIC WATER AND PUBLIC SEWERAGE RECREATION FACILITY RESEARCH LABORATORY RESEARCH CLUSTER RESIDENTIAL DENSITY RESTAURANT RESTAURANT, FAST-FOOD RIPARIAN ZONE SERVICE STATION SETBACK SHOPPING CENTER SIGN SIGN, AWNING CANOPY or MARQUEE SIGN AREA SIGN, FREESTANDING SIGN, IDENTIFICATION SIGN, OFFICIAL STORY STREET STREET LINE STRUCTURE STRUCTURE, ADVERTISING SUPERMARKET SWIMMING POOL TOWNHOUSES TRACT TRAILER or CAMP CAR TRANSITION AREA USE USE, PRINCIPAL YARD YARD, FRONT YARD, REAR YARD, SIDE ZONING BOARD ZONING OFFICER or ZONING ADMINISTRATION OFFICER ZONING PERMIT(1) (2)
As used in this chapter, the following terms shall have the meanings indicated:
The relinquishment of property or a cessation of the use of the property for a period of one year by the owner with the intention neither of transferring rights to the property to another owner nor of resuming the use of the property.
A subordinate use or building the purpose of which is customarily incidental to that of the main use or building and on the same lot. No accessory use shall form the basis for a claim of right to a principal or main use.
The Clerk of Woolwich Township, unless a different municipal official or officials are designated by ordinance or statute.
Conditions or situations creating, imposing, aggravating or leading to impractical, unsafe or unsatisfactory conditions on a subdivided property, property subject to development or off-tract property, such as but not limited to improper circulation and drainage rights-of-way; inadequate drainage facilities, insufficient street widths; unsuitable street grades; unsuitable street locations to accommodate prospective traffic or coordinate and compose a convenient system; locating lots in a manner not adaptable for the intended purposes without danger to health or peril from flood, fire, erosion or other menace; providing for lots of insufficient size and neither providing nor making future allowance for access to the interior portion of the lot or for other facilities required by this chapter.
Farm workers who are not related to the landowner or the landowner's spouse and who are employed on a farm to perform tasks necessary to enhance the economic productivity of the agricultural operation.
The use of the premises for common agricultural and ordinary farm site activities and farmland uses and all other activities and improvements as specifically permitted by the New Jersey Right to Farm Act. (N.J.S.A. 4:1C-1 et seq.) and activities which shall deem the property eligible to receive farmland assessment pursuant to N.J.S.A. 54:4-23.1 et seq., including, but not limited to, production for sale of plants and animals useful to man, harvesting, production, storage, grading (of produce), packaging, processing and the wholesale and retail marketing of crops, plants, dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, llamas, horses, ponies, mules and goats, including the breeding, boarding, raising, rehabilitating, training and grazing of any or all such animals and other related commodities and the use and application of techniques and methods of soil preparation and management, fertilization, weed, disease and pest control, disposal of farm waste, irrigation, drainage and water management; fish and wildlife management.
As applied to a building or a structure, a change or rearrangement in the structural parts or in the existing facilities or an enlargement, whether by extension of a side or by increasing in height or by moves from one location or position to another.
A developer submitting an application for development.
See "floor area."
Flexible space suitable for final assembly of finished products for distribution. No manufacturing shall be associated with this use.
That portion of a building that is partly or completely below grade.
A County Agriculture Development Board (CADB) or a subregional agricultural retention board.
The Joint Land Use Board of the Township of Woolwich, depending on the application and the appropriate jurisdictional requirements of the same.
An industrial use where liquor is manufactured, bottled, and stored, along with tasting rooms, retail sales not to exceed 2,000 square feet in customer service area, and other functions ancillary to the use. Also, winery and distillery.
A restaurant that prepares handcrafted beer as an accessory use intended for consumption on the premises. Production capacity shall be limited to not more than 5,000 barrels per year. Such accessory use may occupy up to 30% of the gross floor area of the restaurant.
Any structure or extension thereof or addition thereto having a roof supported by columns, posts, piers or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind of nature.
The vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point of the ceiling of the top story in the case of a flat roof, to the deckline of a flat roof, to the deckline of a mansard roof and to the average height between the plate and ridge of a gable, hip or gambrel roof.
A line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered section of a building, the vertical plane will coincide with the most projected surface. All yard requirements are measured to the building line.
The distance between two buildings measured from the face of the outer walls. Minor architectural features, such as chimneys, roofs, overhangs, decks and window bays shall not be considered the face of a building, provided that such features do not extend more than six feet into the minimum building separation area (measured from the face of the foundation wall).
That area of a street within which vehicles are permitted, including travel lanes and parking areas but not including shoulders, curbs, sidewalks or swales.
The State Agriculture Development Committee (SADC) established pursuant to Section 4 of the Right to Farm Act (N.J.S.A. 4:1C-4).
An open space area within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Planning Board.
A facility containing two or more dwelling units and rooming units limited in occupancy and occupied by persons 60 years and older, their spouses or surviving spouses, except for rooms or units occupied by resident staff personnel, providing indoor, conveniently located, shared food preparation services and major dining areas and common recreation, social and service facilities for the exclusive use of all residents.
An interest in land less than fee simple absolute, stated in the form of a restriction, covenant or condition, set forth in any deed or easement that has been recorded in the Gloucester County Clerk's office as the recorder of deeds and mortgages, that restricts the use of the land to one or more uses set forth in § 203-72B(1) through (9).
Uses and facilities designed to serve everyday needs of residents in its immediate vicinity.
A retail establishment offering for sale prepackaged food products, household items and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet.
A County Agriculture Development Board (CADB) or a subregional agricultural retention board.
The average level of the curb in front of the lot.
A building or structure where care, protection and supervision are provided on a regular schedule at least twice a week to four or more children between two and five years of age and which is licensed or approved to operate as a child-care center.
A restriction on the use of a property set forth in a deed that has been recorded in the Gloucester County Clerk's office as the recorder of deeds and mortgages.
The permitted number of dwelling units per gross area of land to be developed.
The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation or landfill; and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to this chapter.
See "two-family dwelling."
A building having one or more rooms providing living facilities for one family, including equipment for cooking or provisions for the same; provided, however, that trailers or camp cars as defined herein shall not be or be considered as buildings within the scope of this chapter. Dwellings may include but not be limited to the following types:
SINGLE-FAMILY DETACHED DWELLINGSA dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means.
TWO-FAMILY DWELLINGA freestanding building on one lot or within a lot held in common ownership serving two families, with private entrances to each dwelling.
SINGLE-FAMILY SEMIDETACHED DWELLINGSDwellings on adjacent lots or within a lot held in common ownership with one common party wall or dwellings with two party walls within which walled open courtyards or patios are provided for each dwelling.
SINGLE-FAMILY ATTACHED DWELLINGA single-family dwelling in a row of at least three such dwellings in which each dwelling has its own front and rear access to the dwelling and is separated from any other dwelling by one or more fire-resistant walls.
MULTIFAMILY DWELLINGSThree or more dwellings located within a single building, such as an apartment house dwelling, with an entrance to each dwelling not more than three stories above ground level.
ZERO LOT LINE DWELLINGA single-family detached dwelling unit with one of its sides directly on a lot line and with its remaining three sides fronting on yard areas.
TRIPLEXA dwelling unit containing three dwellings, each of which has direct access to the outside or to a common hall.
EASEMENTA grant of one or more of the property rights by the owner to, or for the use by, the public, a corporation or another person or entity.
The total wall surface, including door and window area, of a building's principal face. In the case of corner buildings which front on more than one street, only one face shall be used to calculate the facade area.
A single individual, doing his own cooking, and living upon the premises as a separate housekeeping unit, or a collective body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage or other domestic bond.
Dwelling on farm property qualifying for farm land assessment and housing the owner or operator of said farm.
Any voluntary program, the duration of which is at least eight years, authorized by law enacted subsequent to the effective date of the Farmland Preservation Bond Act 1981, P.L. 1981, C.276, which has its principal purpose the long term preservation of significant masses of reasonably contiguous agricultural land within agricultural development areas adopted pursuant to N.J.S.A. 4:1C-11 et seq., P.L. 1983, C.32 and the maintenance and support of increased agricultural production as the first priority use of that land.
The principal residence of a farmer's household and the accessory uses of a farm.
An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
Land, and the space above that land, which lies below the flood hazard area design flood elevation. Structures, fill and vegetation that are situated on land that lies below the flood hazard area design flood elevation are described as being "in" or "within" the flood hazard area. The inner portion of the flood hazard area is called the floodway and the outer portion of the flood hazard area is called the flood fringe. Figures A and B at N.J.A.C. 7:13-2.3 illustrate these areas as well as the riparian zone along a typical water. The flood hazard area on a particular site is determined using the methods set forth at N.J.A.C. 7:13-3. There are two types of flood hazard areas:
Tidal flood hazard area, in which the flood hazard area design flood elevation is governed by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood hazard area may be contributed to or influenced by stormwater runoff from inland areas, but the depth of flooding generated by the tidal rise and fall of the Atlantic Ocean is greater than flooding from any fluvial sources; and
Fluvial flood hazard area, in which the flood hazard area design flood elevation is governed by stormwater runoff. Flooding in a fluvial flood hazard area may be contributed to or influenced by elevated water levels generated by the tidal rise and fall of the Atlantic Ocean, but the depth of flooding generated by stormwater runoff is greater than flooding from the Atlantic Ocean.
The area adjoining any natural stream and including any water or drainage course or body or water subject to periodic flooding or overflow based on the one-hundred-year flood.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the one-hundred-year flood without cumulatively increasing the water surface elevation more than one foot at any point.
The gross horizontal area of the floor, or the sum of the gross horizontal area of several floors, of an enclosed building measured from the exterior face of exterior walls or from the center line of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles or any space where the floor-to-ceiling height is less than six feet. The gross floor area of retail stores, service shops and banks shall be equal to the gross leasable area less any areas devoted exclusively to staff facilities or storage of inventory.
The sum of the area of all floors of buildings or structures compared to the total area of the site.
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation; provided, however, that the Department, in designating a wetland, shall use the three-parameter approach (that is, hydrology, soils and vegetation) enumerated in the 1989 Federal Manual as defined in this section. These include tidally influenced wetlands which have not been included on a promulgated map pursuant to the Wetlands Act of 1970, N.J.S.A. 13:9A-1 et seq.
A building or space used as an accessory to the main building which provides the storage of motor vehicles or other personal property and in which no occupation, business or service for profit is carried on.
A building or space, other than a private garage, for the storage of motor vehicles exclusively or for the storage of motor vehicles at which filling station service, sales of accessories or repairs, other than body or collision repairs and appointing and refinishing, are permitted. This term does not include motor vehicle showrooms for new or used motor vehicles.
A comprehensive plan for the development of a planned development as provided in N.J.S.A. 40:55D-45.2.
An area of land devoted to the game of golf and its associated uses adhering to the following minimum criteria:
Must meet standards of a regulation golf course as defined below:
REGULATION GOLF COURSE- An eighteen-hole golf course that includes a variety of par-three, par-four and par-five holes and is of traditional length and par; and eighteen-hole facility at least 5,200 yards in length and at least par 66.
Minimum 100 acres devoted to the golf course playing area to include tees, fairways, greens and hazard area and, if provided, fairways of driving range.
May have motorized carts and carts storage.
May have clubhouse with pro shop, locker rooms, snack bar, administrative offices, kitchen and dining facilities with a maximum capacity of 100 persons and banquet facilities with a maximum capacity of 300 persons. The pro shop is limited to a maximum of 1,000 square feet.
May have driving range ancillary to the primary golf course use.
May have grounds maintenance building and equipment storage with pump and fuel house.
Uses that are customary for the maintenance and day-to-day operation of a golf course are permitted.
Swimming pool and tennis courts, provided such facilities are ancillary to the golf course.
Uses that are expressly prohibited include, but are not limited to, miniature golf, arcades, pitch and putt and any motorized vehicle not associated with the care and day-to-day operation of the golf course.
Any and all persons who lawfully succeed to the rights and responsibilities of the grantor, including but not limited to his/her heirs, executors, administrators, personal or legal representatives, successors and assigns.
A parcel of agricultural land, undeveloped land, or open space that has been set aside for agricultural, recreational use or environmental protection through a permanent deed restriction or conservation easement.
An area of land which is determined by the property lines bounding the tract of land proposed for development within any given zone and which is always expressed in terms of square feet or acres. Any portion of a tract included in an existing public or private right-of-way shall not be included in calculating gross land area.
An accessory use of a dwelling unit for gainful employment which:
Is clearly incidental and subordinate to the use of the dwelling unit as a residence.
Is carried on solely within the main dwelling and does not alter or change the exterior character or appearances of the dwelling.
Is located in a residential district.
Is created and operated as a sole proprietorship, except that should the owner/operator be substantially physically handicapped, a nonresident may be employed to assist the owner/operator in his/her work to the extent required to compensate for the aforesaid handicap condition.
A home occupation consisting of the office of a practitioner of a recognized profession.
A facility offering transient lodging accommodations on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms and recreational facilities.
Indoor fabrication, finishing, manufacturing, processing and/or assembly of noncombustible materials, predominantly from previously prepared materials, including processing, fabrication, assembly, treatment, and packaging of finished products, parts or goods and the incidental sales and distribution of such products, which does not produce noise, odors, vibration, hazardous waste materials, or particulate that will disturb or endanger neighboring properties. Light industrial uses shall not include the production of petroleum into fuel, oil or other products or chemical processing and storage, and shall not produce any corrosive, toxic, noxious fumes, glare, electromagnetic disturbances, radiation, smoke, cinders, odors, dust or waste, undue noise or vibration, or other objectionable features so as to be detrimental to the public health, safety, or general welfare, provided, however, that existing activities not in violation of city, state or federal law are exempt. Light industrial specifically excludes warehouses, container terminals, terminal facilities, storage facilities, distribution facilities, fulfillment centers, last miles fulfillment facilities, cold storage facilities, or other storage or distribution of goods.
Any farm meeting any one of the following standards:
Any area or structure used or intended to be used for the conducting and operating of the business of selling, buying, storing or trading in used or discarded metal, glass, paper, cordage or any used or disabled fixtures, vehicles or equipment of any kind.
The record owner of the land, duly authorized contract purchaser of the land or record owner of the development easement acquired pursuant to N.J.S.A. 4:1C-34.
An area of land restricted to landscape items which may also include such elements as natural features, earth berms, sculpture, signs, lighting, accessways, bikeways and pedestrian walkways, but not including motor vehicle parking, extending along the entire lot line where they are required. The width of a landscape area shall be measured at right angles to the lot line.
Document issued by the New Jersey Department of Environmental Protection (NJDEP) under N.J.A.C. 7:7A-3, indicating the presence or absence of wetlands, state open waters, and/or transition areas; verifying or delineating the boundaries of freshwater wetlands, state open waters, and/or transition areas; or assigning a wetland resource value classification.
An off-street space or berth used for the loading or unloading of commercial vehicles.
A designated parcel, tract or area of land established by a plat or otherwise, as permitted by law and to be used, developed or built upon as a unit.
An area of land which is determined by the limits of the lot lines bounding that area and is always expressed in terms of square feet or acres. Any portion of a lot included in a public or private right-of-way shall not be included in calculating lot area.
A lot or parcel of land abutting on two or more intersecting streets when the interior angle of intersection does not exceed 135º. Each corner lot shall have two front yards, a minimum of one side yard and one rear yard.
That percentage of a lot covered by building area and, in the case of nonresidential districts or uses, impervious surfaces, such as concrete or asphalt.
A mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lot lines.
That side of a lot abutting on a street; the front lot line.
The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line.
The treatment or processing of raw materials and the production of articles of finished products from raw or prepared materials by giving them new forms or qualities.
An activity which involves the fabrication, reshaping, reworking, assembly or combining of products from previously prepared materials and which does not involve the synthesis of chemical or chemical products or the processing of any raw materials. Limited manufacturing includes light industrial operations, such as electronic, machine parts and small component assembly, as opposed to heavy industrial operations, such as automobile assembly, milling or forge activities.
The Master Plan for the Township of Woolwich as adopted by the Woolwich Township Planning Board.
A structure or group of structures for the dead storage of customers' goods and wares where individual stalls or lockers are rented out to different tenants for storage and where one or more stalls or lockers have less than 500 square feet of floor area.
Hereinafter referred to as "municipally approved program," means any voluntary program the duration of which is at least eight years, authorized by law enacted subsequent to the effective date of the Farmland Preservation Bond Act of 1981, P.L. 1981 C.276, which has as its principal purpose the long term preservation of significant masses reasonably contiguous agricultural land within agricultural development areas adopted pursuant to N.J.S.A. 4:1C-11 et seq., P.L. 1983, C.32, and the maintenance and support of the increased agricultural production as the first priority use of that land. Any municipally approved program shall be established pursuant to N.J.S.A. 4:1C-21.
A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application, or within a contiguous portion of a street or right-of-way.
An interior or exterior storage area for a motor vehicle that is directly accessible to an access aisle and that is not located on a dedicated street right-of-way.
Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
Located on the lot in question.
A temporary storage area for a motor vehicle which is located on a dedicated street right-of-way.
An unoccupied space open to the sky on the same lot with a principal or accessory building. Open space includes the following types:
COMMON OPEN SPACEA parcel or parcels of land or an area of water, or a combination of land and water, within the site designated for a planned unit development or a cluster development, and designed and intended for the use or enjoyment of residents and owners of the planned unit development or cluster development. Common open space excludes land areas within the rights-of-way of streets to be located within a planned unit development unless exclusively designed for access to open space. A legally constituted organization of the property owners with authority to place liens on property shall be formed for the maintenance of the common areas and facilities, or this common open space may be deeded to the Township if accepted by the Township for use by all residents of the Township.
USABLE OPEN SPACEConsists of either common or public open space which is either landscaped or developed and maintained for recreational purposes, readily available, or improved for such recreational purpose, and excludes that portion of the area consisting of officially designated wetlands, streets, drives and space utilized for off-street parking or loading purposes. Where usable open space is required in this chapter, it shall be designated on plans submitted as required.
PUBLIC OPEN SPACEAn open space conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency or other public body for educational, recreational or conservation uses.
REQUIRED OPEN SPACEThat type and percentage of common, usable or public open space that must be provided in particular zoning districts, in cluster developments or in planned unit developments, according to the provisions of this chapter.
A planned unit development, planned unit residential development or residential cluster, planned commercial development or planned industrial development as those terms are defined in N.J.S.A. 40:55D-6 of the Municipal Land Use Law, but only to the extent not inconsistent with the provisions of this chapter.
An area of minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by ordinance.
The Planning Board of Woolwich Township.
Any farm that has been preserved, reserved or restricted for agricultural use. This shall include, but is not limited to, farms preserved through:
The New Jersey Farmland Preservation Program administered by the State Agricultural Development Committee (SADC);
The Farmland Preservation Program administered by Gloucester County;
Any land preserved through the Voluntary TDR Program pursuant to Ordinance No. 2008-20, as amended by Ordinance No. 2014-09 and Ordinance No. 2018-13; and
Any farmland preserved through a deed restriction or conservation easement in accordance with the Woolwich Township Zoning Ordinance.
A building or buildings in which is conducted the main or principal use of the lot on which said building is situated or the open land of which such use is made or upon which such activity is carried out.
The office of a member of a recognized profession as hereinafter indicated. When conducted on a residential property, a professional office shall be conducted by a member or members of the residential family entirely within a residential property, shall be conducted by a member of the residential family entirely within a residential building and shall include only the offices of doctors, ministers, architects, engineers, lawyers and such similar professional occupations which may be so designated by the Board of Adjustment upon finding by such Board that such occupation is truly professional in character by virtue of the need for similar training and experience as a condition for the practice thereof and that the practice of such occupation shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone in which it is located to a greater extent than for the professional activities listed herein. The issuance of a state or local license for regulation of any gainful occupation need not be deemed indicative of professional standing.
Public parks, playgrounds, trails, paths and other recreational areas; other public open space; and scenic and historic sites, including necessary infrastructure improvements.
Centralized municipal or municipally operated water and sewerage system or a water and sewerage system franchised or approved by the Township in accordance with the Township sewer and water plan. "With sewer and water" as used in this chapter means that public water and public sewerage shall be provided in order for the use to be permitted in the zone district.
Any enterprise which provides recreational activity including, but not limited to, indoor and outdoor recreational courts, fields and facilities, racquet clubs, health facilities, bowling alleys, skating rinks, water slides, miniature golf courses, arcades, and billiard halls, but not movie theaters.
A building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.
An area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space as an appurtenance.
The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.
A business establishment whose principal business is the selling of unpackaged food to the customer in a ready-to-consume state, in individual servings or in nondisposable containers, and where the customer consumes these foods while seated at tables or counters located within the building.
An establishment which may have a drive-in and/or a walk-up window that offers quick food service, which is accomplished through a limited menu of items already prepared and held for service, or prepared, fried or grilled quickly or heated in a device such as a microwave oven. Orders are not generally taken at the customer's table and food is generally served in disposable wrapping or containers.
Land and vegetation within and adjacent to a regulated water as described at N.J.A.C. 7:13-4.1 and illustrated at N.J.A.C. 7:13-2.3.
Any premises where gasoline and other petroleum products are sold and/or light maintenance activities, such as engine tune-ups, lubrication and minor repairs, are conducted. Service stations shall not include premises where heavy automobile maintenance activities, such as engine overhauls, automobile painting and body fender work, are conducted.
The required minimum horizontal distance between a building line and the related front, side or rear yard, or a permanent recorded utility easement, storm easement or other covenant, whichever is greater.
A grouping of retail business and service uses on a single site which is planned, constructed and managed as a total entity with customer and employee parking provided on site, provisions for goods delivery separated from customer access, aesthetic considerations and protection from the elements.
Any object, device, display or structure, or part thereof, situated outdoors or indoors, visible from the street or public right-of-way, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images.
A sign painted, stamped, perforated, stitched or otherwise applied on the valance of an awning.
That area defined by the frame or edge of a sign. Where no frame or edge exists, the area shall be defined by a projected enclosed four-sided (straight sides) geometric shape which most closely outlines said sign. Where a sign has more than one side, sign area shall be construed to include the total area used for advertisement or identification.
A sign supported by one or more upright poles, columns or braces placed in or on the ground and not attached to any building or structures.
Any structure or part thereof or device attached thereto or painted or represented thereon, which displays any letter, symbol, trademark, word or similar device used to identify the product made or the activity being pursued by any individual, business, service, commercial or industrial enterprise, which is displayed upon the lot or premises occupied by such an enterprise for the purpose of apprising the public of the location of such enterprise or the type of activity in which it is managed.
Any sign, symbol or device erected and maintained by a federal, state, county or local governmental agency for the purpose of informing or guiding the public or for the protection and promotion of health, safety, convenience and general welfare.
That portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above it, the space between such floor and the ceiling above it. A basement shall be counted as a story if its ceiling is over six feet above the average level of the finished ground surface adjoining the exterior walls of such story or if it is used for business or dwelling purposes.
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway, or which is shown upon a plat heretofore approved pursuant to law, or which is approved by official action as provided for by the Municipal Land Use Law,[1] or which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
That line determining the limit of the road, street or highway rights of the public, either existing or contemplated.
A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land. The term "structure" shall include but not be limited to individual subsurface sewage disposal systems and their components. However, individual subsurface sewage disposal systems meeting the requirements of Chapter 9A of Title 7 of the New Jersey Administrative Code (N.J.S.A. 7:9A-1.1 et seq.) will not be considered structures when located in a front yard between the building setback line and the street line. However, wherever located, all mounded septic tanks, mounded disposal field installations and mounded soil replacement disposal field installations shall be in accordance with N.J.S.A. 7:9A-10.5 and N.J.S.A. 7:9A-10.6, except that the top surface shall not exceed a height of four feet above the surrounding finished grade. The term "structure" shall also include a container box, trailer or truck body, movable or otherwise, in excess of 800 cubic feet in volume that is placed or parked on a lot, except that a trailer or truck body on a truck that has current motor vehicle registration and tags shall not be considered a structure unless it remains on the same spot for more than 150 consecutive days.
Any rigid or semirigid materials with or without advertisement displayed thereon situated upon or attached to real property (outdoors primarily) or principally for the purpose of furnishing a background or base or support upon which an advertisement may be posted or displayed. That portion of any structure, regardless of its primary or principal use, which is used for the display of an advertisement shall be considered an advertising structure and shall be subject to the control exercised in this chapter.
A retail establishment offering for sale a wide variety of food products as well as other convenience and household items commonly associated with the same and having a gross floor area of more than 25,000 square feet. Supermarkets offer a broad array of service amenities as well as sell a wide variety of goods beyond food products, including, without limitation, prepared foods for on-site and off-site consumption, pharmaceutical goods, banking facilities and other related ancillary services.
A water-filled enclosure, permanently constructed or portable, having a depth of more than 18 inches below the level of the surrounding land or an aboveground pool, having a depth of more than 30 inches, designed, used and maintained for swimming and bathing.
One or a group of two or more dwelling units divided from each other by vertical walls and each having separate front and rear or front and side entrances from the outside.
An area, parcel, site, piece of land or property which is the subject of a development application.
Any unit designed for use for living or sleeping purposes which is equipped originally with wheels or similar devices used for the purpose of transporting said unit from place to place whether by motive power or other means, and originally constructed, fabricated or built without permanent foundation other than wheels, jacks or skirtings. The substitution of any other permanent foundation for such wheels, jacks or skirtings shall not remove such trailer or camp car from this definition.
An area of upland adjacent to a freshwater wetland which minimizes adverse impacts on the wetland or serves as an integral component of the wetlands ecosystem.
The purpose or activity for which land or buildings are designed, arranged or intended, or for which land or buildings are occupied or maintained.
The main use of land or structures, as distinguished from a secondary or accessory use.
The area that lies between the principal or accessory building or buildings and the nearest lot line. A yard shall be unoccupied by structures and buildings from the ground upward, except as may be specifically provided in this chapter. Improvements below grade are permitted, provided that there is no visual evidence of such improvements.
A yard on the same lot with the principal building, extending the full width of the lot and situated between the street line and the front line of a building projected to the side lines of that lot.
A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of any building. The depth of a rear yard shall be measured at right angles to the rear line of the lot or if the lot is not rectangular, then in the general direction of its side building lines.
A yard between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or in the absence of either of such yards, to the street or rear lot line as the case may be. The width of a side yard shall be measured at right angles to the side line of the lot.
The Zoning Board of Adjustment of Woolwich Township.
The official appointed by the Township Committee pursuant to Article X hereof, and responsible for the administration of this chapter as hereinafter set forth.
A document signed by the Zoning Officer:
Which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building; and
Which acknowledges that such use, structure or building complies with the provisions of the municipal zoning ordinance or variance therefrom duly authorized by a municipal agency pursuant to N.J.S.A. 40:55D-60 and N.J.S.A. 40:55D-70.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
C.
Whenever a term is used in this chapter which is defined in P.L. 1975, c. 291, as amended,[2] such term is intended to have the meaning set forth in the definition of such term found in such statute, unless a contrary intention is clearly expressed in the context of this chapter.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
§ 203-6 Area regulations.
The regulations set forth in Article V as to minimum lot size, required yard size, percentage of lot coverage and maximum building height are hereby established as minimum regulations.
§ 203-7 Floor area.
§ 203-8 Construction requirements.
All dwelling units or other buildings shall be built or constructed in conformity with the New Jersey Uniform Construction Code in effect at the time of such construction or erection.
§ 203-9 Principal building frontage.
§ 203-10 Corner lots.
On all corner lots the depth of all yards abutting on a street shall not be less than the minimum front yard depth required on an adjacent interior lot fronting on such street. No corner lot setback shall in any case be less than 20 feet, except that the provisions of this section shall not apply so as to reduce the buildable width less than 50% of any lot less than 100 feet in width. Corner lots having frontages of greater than 150 feet on both intersecting streets shall observe the same requirements for front yards on both streets as apply to adjoining interior lots fronting such streets.
§ 203-11 Yards and open space on adjoining lots.
No yard or other open space provided about any building for the purposes of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other open space on another lot shall be considered as providing a yard or open space for a building on any other lot.
§ 203-12 Front yard areas; minimum lot frontage.
A.
Where a building lot has frontage upon a street which on the Master Plan or Official Map of the Township of Woolwich is contemplated for right-of-way widening, the required front yard area and setback distance shall be measured from such proposed right-of-way line.
B.
All yard areas facing on a public street shall be considered as front yards and shall conform to the minimum front yard requirements of the particular zone.
C.
Lot frontage shall be the same as lot width, except that lot frontage can be reduced to no less than 2/3 of the minimum required lot width as set forth in this chapter, provided lot width is observed at the front lot line.
[Amended 6-6-2005 by Ord. No. 2005-16]
§ 203-13 Vision obstruction; clear-sight easements.
A.
At the intersection of two or more streets within any zone, no hedge, fence, brush or wall higher than 2.5 feet and within 10 feet of the right-of-way, nor any obstruction to vision, other than a post or tree not exceeding one square foot in cross section area, shall be permitted within the triangular area formed by the intersecting street lines at points which are 25 feet distant from the point of intersection, measured along said street lines.
[Amended 3-15-1999 by Ord. No. 99-6]
B.
Notwithstanding the foregoing, in the event any intersecting street is maintained by the State of New Jersey or by Gloucester County, the applicable regulations of the state and/or county agency having jurisdiction shall supersede the requirements of this section. Clear-sight easements, in accordance with Chapter 163, Subdivision of Land, and Chapter 149, Site Plan Review, shall be required at street and driveway intersections for all new development, except for the driveway of a single-family residence.
§ 203-14 Height exceptions.
A.
The height limitations of this chapter shall not apply to church spires, belfries or cupolas, not used for human occupancy; or to bridges, chimneys, ventilators, skylights, water tanks, bulkheads and similar features and necessary mechanical appurtenances, usually carried above the roof level. Such features shall be erected only to such height as is necessary to accomplish the purpose they are to serve.
B.
The provisions of this section shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornamentation extending above such height limit not more than five feet.
§ 203-15 Nonconforming structures and uses.
A.
Continuance. Except as otherwise provided in this chapter, the lawful use of land or buildings existing at the date of the adoption of this chapter may be continuous, and any such structure may be restored in the event of partial destruction, although such use or building does not conform to the regulations specified by this chapter for the zone in which such land or building is located.
B.
Discontinuance. If a nonconforming use or structure ceases operations for a continuous period of more than one year, then this shall be deemed to be an intent to abandon such use, and any subsequent use shall conform to the regulations of this chapter. If abandonment occurs involuntarily, the owner may request that the discontinuance be continued beyond the one-year period, provided that application for extension is made within the initial one-year period.
C.
Extension. A nonconforming use or a nonconforming building or a portion of a nonconforming building may be extended only when authorized by the Zoning Board of Adjustment.
[Added 3-21-1994 by Ord. No. 94-2]
§ 203-16 Nonconforming lots in a recorded subdivision.
A.
Notwithstanding the minimum lot area requirements established by this chapter, a single-family dwelling may be constructed on a lot within a recorded subdivision approved by the Planning Board of the Township of Woolwich pursuant to a subdivision review ordinance adopted under a state enabling act prior to the effective date of this chapter, provided that said lot meets the lot area requirements of the ordinance in effect at the time of said subdivision approval, and further provided that the subdivision approval has not lapsed, either by way of statute, ordinance or action of the Township. The words "recorded subdivisions" in this section shall mean recorded by deed or plat in the Gloucester County Clerk's Office.
[Amended 3-21-1994 by Ord. No. 94-2]
B.
Any parcel of land with an area or width less than that prescribed for a lot in the zone in which such lot is located, which parcel was under one ownership on November 30, 1992, when the owner thereof owns no adjoining land, may be used as a lot for any purpose permitted in the zone other than multiple dwellings, provided that all other regulations prescribed for the zone by this chapter are complied with.
[Added 3-21-1994 by Ord. No. 94-2]
§ 203-17 Prohibited uses.
A.
Extractive industries shall not be permitted to operate in any of the zones established in this chapter. Such industries include mining or alterations in the earth surface for the purpose of extracting minerals or soils of any type for use or sale off site. The ordinance now in effect concerning the removal of soil is not repealed by this chapter, but is still in full force and effect.
B.
Trailers or camp cars shall not be permitted to be parked, installed, used or occupied for living purposes in any of the zones established in this chapter; provided, however, that this section shall not prohibit the owner of any trailer from storing not more than one trailer on premises owned by him if the said trailer is not used for living purposes.
C.
The use of a lot in any zone primarily for the storage of bulk oil or gasoline above the ground is prohibited.
D.
The business of selling defunct motor vehicles or parts or used lumber or building material or the storage thereof is prohibited.
E.
No building may be erected, altered or used, and no lot or premises may be used, for any trade, industry or business that is noxious or offensive by reason of odor, dust, smoke, gas, vibration, illumination or noise, or that constitutes a public nuisance or hazard whether by fire, explosion or otherwise.
§ 203-18 Right to farm.
[Amended 3-21-1994 by Ord. No. 94-2; 3-15-1999 by Ord. No. 99-6; 3-21-2005 by Ord. No. 2005-07]
A. COMMERCIAL FARM(1) (2) FARM MANAGEMENT UNIT FARM MARKET PICK-YOUR-OWN OPERATION
As used in this section, the following words shall have the following meanings:
A farm management unit of no less than five acres producing agricultural or horticultural products worth $2,500 or more annually and satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.; or
A farm management unit less than five acres, producing agricultural or horticultural products worth $50,000 or more annually and otherwise satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.
A parcel or parcels of land, whether contiguous or noncontiguous, together with agricultural or horticultural buildings, structures and facilities, producing agricultural or horticultural products, and operated as a single enterprise.
A facility used for the wholesale or retail marketing of the agricultural output of a commercial farm, and products that contribute to farm income, except that if a farm market is used for retail marketing, at least 51% of the annual gross sales of the retail farm market shall be generated from sales of agricultural output of the commercial farm, or at least 51% of the sales area shall be devoted to the sale of the agricultural output of the commercial farm, and except that if a retail farm market is located on land less than five acres in area, the land on which the farm market is located shall produce annually agricultural or horticultural products worth at least $2,500.
A direct marketing alternative wherein retail or wholesale customers are invited onto a commercial farm in order to harvest agricultural, floricultural or horticultural products.
B.
The right to farm is hereby recognized to exist in the Township of Woolwich and is hereby declared a permitted use in all zones of the Township of Woolwich. This right to farm includes, but not by way of limitation:
(1)
Production of agricultural and horticultural crops, trees, apiary and forest products, livestock, poultry and other commodities as described in the Standard Industrial Classification for agriculture, forestry, fishing and trapping.
(2)
Housing and employment of necessary farm laborers.
(3)
Erection of essential agricultural buildings, including those dedicated to the processing and packaging of the output of the commercial farm and ancillary to agricultural and horticultural production.
(4)
The grazing of animals and use of range for fowl.
(5)
Construction of fences.
(6)
The operation and transportation of large, slow moving equipment over roads within the Township of Woolwich.
(7)
Control of pests, including but not limited to insects and weeds, predators and diseases of plants and animals.
(8)
Conduction of agricultural related educational and farm based recreational activities, provided that the activities are related to marketing the agricultural or horticultural output of the commercial farm and permission of the farm owner and lessee is obtained.
(9)
Use of any and all equipment, including, but not limited to, irrigation pumps and equipment, aerial and ground seeding and spraying, tractors, harvest aides and bird control devices.
(10)
Processing and packaging of the agricultural output of the commercial farm.
(11)
The operation of a farm market with attendant signage, including the construction of building and parking areas in conformance with Woolwich Township standards.
(12)
The operation of a pick-your-own operation with attendant signage.
(13)
Replenishment of soil nutrients and improvement of soil filth.
(14)
Clearing of woodlands using open burning and other techniques, installation and maintenance of vegetative and terrain alterations and other physical facilities for water and soil conservation and surface water control in wetland areas.
(15)
On-site disposal of organic agricultural wastes.
(16)
The application of manure and chemical fertilizers, insecticides and herbicides.
(17)
Installation of wells, ponds and other water resources for agricultural purposes such as irrigation, sanitation and marketing preparation.
C.
Commercial farm operators may engage in any other agricultural activity as determined by the State Agriculture Development Committee and adopted by rule or regulation pursuant to the provisions of the Administrative Procedure Act, P.L. 1968, c. 410 (N.J.S.A. 52: 14B-1 et seq.).
D.
Commercial farm operators are strongly advised to adhere to generally accepted agricultural management practices that have been:
(1)
Promulgated as rules by the State Agriculture Development Committee;
(2)
Recommended as site-specific agricultural management practices by the County Agriculture Development Board;
(3)
Approved by the local Soil Conservation District in the form of a farm conservation plan that is prepared in conformance with the United States Department of Agriculture, Natural Resources Conservation Service (NRCS) Field Office Technical Guide (FOTG), revised April 20, 1998, as amended and supplemented; or
(4)
Recommended by the Rutgers Agricultural Experimental Station.
E.
The foregoing activities must be in conformance with applicable federal and state law.
F.
The foregoing practices and activities may occur on holidays, weekdays and weekends by day or night and shall include the attendant or incidental noise, odors, dust and fumes associated with these practices.
G.
It is hereby determined that whatever nuisance may be caused to others by these foregoing uses and activities is more than offset by the benefits of farming to the neighborhood community and society in general.
H.
Any person aggrieved by the operation of a commercial farm shall file a complaint with the applicable county agriculture board, or the State Agriculture Development Committee in counties where no county board exists, prior to filing an action in court.
I.
To help parties resolve conflicts involving the operation of commercial farms, the State Agriculture Development Committee has also established an Agricultural Mediation Program. Mediation is a voluntary process in which a trained, impartial mediator helps disputing parties examine their mutual problems, identify and consider options and determine if they can agree on a solution. A mediator has no decision-making authority. Successful mediation is based on the voluntary cooperation and participation of all the parties.
J.
An additional purpose of this section is to promote a good neighbor policy by advising purchasers and users of property adjacent to or near commercial farms of accepted activities or practices associated with those neighboring farms. It is intended that, through mandatory disclosures, purchasers and users will better understand the impacts of living near agricultural operations and be prepared to accept attendant conditions as the natural result of living in or near land actively devoted to commercial agriculture or in an agricultural development area, meaning an area identified by a county agriculture development board pursuant to the provisions of N.J.S.A. 4:1C-18 and certified by the State Agriculture Development Committee.
[Added 8-17-2015 by Ord. No. 2015-13]
The disclosure required by this section is set forth herein and shall be made a part of the following disclosure form: | ||||
REAL ESTATE TRANSFER DISCLOSURE STATEMENT | ||||
This disclosure statement concerns the real property situated in the [Township, Borough, City] of [ ] described as Block _____, Lot _____. This statement is a disclosure of the conditions of the above described property in compliance with Ordinance No. _____ of the [Township, Borough, City] of [ ]. It is not a warranty of any kind by the seller(s) or any agent(s) representing any principal(s) in this transaction, and is not a substitute for any inspections or warranties the principal(s) may wish to obtain. | ||||
Seller's Information | ||||
The seller discloses the following information with the knowledge that even though this is not a warranty, prospective buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent(s) representing any principal(s) in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property. The following are representations made by the seller(s) as required by the Township of Woolwich and are not the representation of the agents, if any. This information is a disclosure and is not intended to be part of any contract between the buyer and seller. | ||||
The Township of Woolwich permits the operation of generally accepted agricultural management practices within the municipality. If the property you are purchasing is located near land actively devoted to commercial agriculture or in an agricultural development area, meaning an area identified by a county agriculture development board pursuant to the provisions of N.J.S.A. 4:1C-18 and certified by the State Agriculture Development Committee, you may be affected by these agricultural activities or practices. The effect of these activities or practices may include, but are not limited to: noise, odors, fumes, dust, smoke, insects, operation of machinery (including aircraft) during any 24 hour period, storage and disposal of manure and compost, and the application by spraying or otherwise of fertilizers, soil amendments, herbicides and pesticides. One or more of the effects described may occur as the result of any agricultural operation which is in conformance with existing Federal and State laws and regulations and accepted customs and standards. If you live near an agricultural area, you should strive to be sensitive to the needs of commercial farm operators, as their presence is a necessary aspect of an area with a strong rural character and a strong agricultural sector. The State Agriculture Development Committee has established a formal complaint process to assist in the resolution of any disputes which might arise between residents of the Township of Woolwich regarding the operations of commercial farms. | ||||
Seller certifies that the information herein is true and correct to the best of seller's knowledge as of the date signed by the seller. | ||||
Seller | Date | |||
Seller | Date | |||
Buyer(s) and seller(s) may wish to obtain professional advice and/or inspections of the property and to provide for appropriate provisions in a contract between buyer and seller(s) with respect to any advice/inspections/defects. | ||||
I/We acknowledge receipt of a copy of this statement. | ||||
Seller _ | Date | Buyer | Date | |
Seller | Date | Buyer | Date | |
Agent representing seller | By | Date | ||
§ 203-19 Lot development.
A.
No lot shall have erected upon it more than one detached single-family dwelling.
B.
No lot area shall be so reduced that the area of the lot or the dimensions of the open spaces shall be smaller than herein prescribed.
C.
Any lot proposed for development must contain developable land equal in area to at least 25% of the minimum lot size for the zoning district in which the lot is located.
D.
All residential lots shall have a minimum twenty-five-foot yard, or the minimum required in the particular residential district, whichever is less, from New Jersey Department of Environmental Protection (NJDEP) regulated wetlands, state open waters, and/or transition areas as established by a letter of interpretation (LOI) or as modified through a freshwater wetlands general or individual permit, or freshwater wetlands transition area waiver issued by the NJDEP under N.J.A.C. 7:7A-3 and/or NJDEP regulated flood hazard areas and/or riparian zones as established by a flood hazard verification or as modified by a flood hazard area permit-by-rule, general permit or individual permit issued by the NJDEP under N.J.A.C. 7:13-1.3.
[Added 8-18-2014 by Ord. No. 2014-08]
§ 203-20 Compliance required.
No lot hereafter may be used and no structure, building or part thereof hereafter may be erected, constructed, reconstructed, moved, extended, converted, altered, maintained or used except in conformity with the provisions of this chapter.
§ 203-21 Restoration of unsafe structures.
Nothing in this chapter shall prevent the strengthening or restoring to a safe or lawful condition any part of any building declared unsafe or unlawful by the Zoning Officer or other duly authorized Township officials.
§ 203-22 Outdoor selling or storage.
Commercial uses in the business zones may display goods for sales purposes or store goods for sale on the premises outside of the principal structure in which such use is carried on, provided that such outdoor selling or storage areas shall not encroach upon any of the required yard areas or the required off-street parking areas for the zone in which located, and further provided that the area set aside for such outdoor selling or storage areas shall not exceed an area equal to the gross area of the ground floor of the principal building. In calculation of the percentage area, the area of such outdoor selling or storage areas shall be included in the same manner as the area of the principal building. The area to be used for any such outdoor selling or storage areas shall be appropriately set forth at the time of application for a zoning permit. Any subsequent establishment or relocation of such areas shall be subject to the issuance of a supplementary zoning permit.
§ 203-23 Construction vehicles, trailers and storage containers.
[Amended 3-21-1994 by Ord. No 94-2]
No motor vehicle truck bodies, trailer bodies or storage containers shall be placed on any lot or lots in any zone for any purpose whatsoever, except during the period of construction of a permitted principal building on the same lot or lots, except as provided in § 203-17.
§ 203-24 Public utility installations.
Public utility distribution lines, conduits, mains, sewer and water pump stations (not larger than 400 square feet), but not including equipment material storage yards and maintenance facilities, tank, towers or other structures, shall be permitted uses in all zoning districts subject to applicable state and federal regulations.
§ 203-25 Applicability to Township.
Regardless of whether the Township of Woolwich or any duly constituted board, agency or department thereof is acting in or pursuant to the performance of a governmental function carrying out a legislative mandate or in the exercise of its private right as a corporate body, any municipally owned, operated or controlled building, structure, facility or use, either existing or proposed, shall be permitted in any class of zone, it being the intention that whatever the Township may be authorized to do shall constitute a function of government and that whenever the Township shall act pursuant to granted authority, it acts as government and not as a private entrepreneur.
§ 203-26 Performance standards.
§ 203-27 Access.
No land shall hereafter be subdivided unless direct access is provided to every lot through an open space on the same lot. Such open space shall be not less than 25 feet in width and shall extend from the lot to a public street or private street, road or way. Chapter 163, Subdivision of Land, is still in full force and effect and is not repealed by this chapter. The Planning Board shall have the right to indicate when and where an access road shall be left open by the owners or adjoining owners.
§ 203-28 Front yard exceptions.
The front yard of a proposed building may be decreased in depth to the average alignment of existing buildings within 100 feet on each side of the proposed building, and within the same block, if such alignment of existing buildings is less than the front yard requirements for the district.
§ 203-29 Subdivision and site plans.
A.
The requirements of this chapter and other ordinances governing the development of land notwithstanding, uses permitted or as may be permitted by this chapter, where applicable, shall also be subject to the requirements and standards contained in Chapter 149, Site Plan Review, and Chapter 163, Subdivision of Land.
B.
The standards and regulations in this chapter are intended to be the minimum provisions necessary to achieve the purposes and objectives of this chapter. In the event of a conflict between any provisions, the stricter provision shall apply.
§ 203-30 Conditional uses.
The conditional uses listed in this chapter shall be permitted, provided that the special requirements for each such use have been addressed to the satisfaction of the Planning Board and that the requirements of N.J.S.A. 40:55D-67 have been met.
§ 203-31 Issuance of permits for buildings or structures.
[Added 3-21-1994 by Ord. No 94-2]
In order to preserve the integrity of the Official Map, no permit shall be issued for any building or structure in the bed of any street or public drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32 as shown on the Official Map, or shown on a plat filed pursuant to the Municipal Land Use Law before adoption of the Official Map, except as provided in N.J.S.A.40:55D-34.
§ 203-32 Conduct of activities.
[Added 4-19-1993 by Ord. No. 93-4]
All commercial and industrial activities which may be permitted by this chapter shall only be permitted, provided that such activities are conducted within an enclosed building, except as permitted by § 203-22.
§ 203-32.1 Wind and solar energy systems.
[Added 6-7-2010 by Ord. No. 2010-11; amended 12-19-2011 by Ord. No. 2011-12]
Standards for site improvements are as follows:
A.
Applicable in all zones.
(1)
Solar energy collection panels shall be accessory uses to the permitted principal and other accessory uses on a lot and shall not involve the production of power for off-premises consumption, nor shall such a use constitute a principal use on any lot. This prohibition shall not be interpreted to preclude the occasional sale of excess power from solar energy collection panels back to the public electric utility provider. For solar energy systems intended for uses other than the aforementioned ones stated, or for any commercial projects, site plan approval and a use variance is required.
(2)
Installation of rooftop (building-mounted) or freestanding (ground-mounted) solar energy collection panels shall require a zoning permit from the Zoning Officer and a building permit and/or electrical permit from the Construction Code Office prior to said installation. The Zoning Officer shall require a plan of survey depicting the location, setbacks, size, buffer, and other related appropriate information for accessory structures. In addition, any interconnection to the public utility grid must be inspected by the appropriate public utility.
(3)
All solar energy collection panel installations must be performed by a qualified solar installer; examples of qualified installers include, but are not limited to: employees working for a federally licensed or state-licensed company or utility within the solar energy industry, professional electricians, or electrical engineers. Installation must comply with the National Electric Code as adopted by the New Jersey Department of Community Affairs. All electric/utility lines or wires shall be buried underground and the panel structures must be securely affixed to the earth. There may be a need for structural engineering information and data for rooftop or ground-mounted arrays from a licensed New Jersey engineer on a case-by-case basis depending on unique attributes of system or site.
(4)
All visible parts of the solar energy collection panels, including the frames, hardware, pipes and support structures, shall be nonreflective black surfaces.
(5)
All solar energy collection panels shall not be used for the displaying of any signage or advertising, except for reasonable identification of the manufacturer/operator of the system or appropriate "warning" signs. In no case shall any identification be visible from a property line, nor should any signage be visible from any public road.
B.
Residential requirements.
(1)
Roofline. Installation of solar energy collection panels shall be permitted on the roofs of single-family residential units so long as said units are within 10° of flush with the roofline of the residence. Said installation shall not extend beyond the front or side rooflines. Said panels should be architecturally compatible with color scheme of roof to the extent possible. No site plan shall be required for said installations and a zoning permit is required prior to the installation of the panels on a roof. In no event shall the placement of the solar panels result in a larger total height, including building and panels, than what is permitted in the zoning district in which they are located for the principal building.
(2)
Ground.
(a)
Installation of solar energy collection panels on a lot for residential purposes shall be prohibited in the front yard. Installation in the rear yard and side yards of said lots shall be located on properties of one acre or greater.
(b)
All ground-mounted solar energy collection panels shall be completely screened from view at ground level from adjacent properties and streets with year-round vegetative screen, buildings and/or solid fencing. No site plan shall be required unless the Zoning Officer finds that the installation does not meet the standards herein.
(c)
All ground arrays shall be set back a distance of 25 feet from all property lines in a residential zoning district. Any deviation from this twenty-five-foot requirement can only be given by the Township's Joint Land Use Board based upon the unique physical characteristics of the parcel.
(d)
Ground arrays shall be located so that any glare is directed away from an adjoining property.
(e)
The total surface area of all ground-mounted solar energy collection panels on the lot shall not exceed 800 square feet on each lot.
(f)
Ground arrays shall not exceed a height of 10 feet.
C.
Nonresidential requirements.
(1)
Roofline. Installation of solar energy collection panels shall be permitted on the roofs of nonresidential structures. Where said solar energy collection panels, support structures, frames, hardware and piping are visible to residential properties, appropriate screening materials shall be installed on the roof in an architectural design compatible with the building. Said panels should be architecturally compatible with color scheme of roof to the extent possible. Said solar energy collection system shall not extend beyond the roofline of the structure. In no event shall the placement of the solar panels result in a total height, including building and panels, than what is permitted in the zoning district in which they are located for the principal building.
(2)
Ground. Installation of solar energy collection panels on nonresidential lots shall be permitted in the side and rear yards of said lots; provided, however, that if said solar energy collection panels are visible to residential lots or zones, the lot owner shall provide appropriate effective natural buffering material that will completely block the view of said panels from abutting residential zone or properties. Ground arrays shall be located so that any glare is directed away from an adjoining property. All ground-mounted solar energy collection panels shall be screened from view at ground level from adjacent properties and streets with year-round vegetative screen, buildings and/or solid fencing. No site plan shall be required unless the Zoning Officer finds that the installation does not meet the standards herein. Installation of ground array solar energy collection panels shall be subject to the issuance of a zoning permit. The Zoning Officer shall make a finding as to whether or not the ground installation meets the standards contained herein. All ground arrays shall be set back in conformance with the bulk standards for accessory structures in commercial districts as provided elsewhere in the zoning code. The total surface area of all ground-mounted solar energy collection panels on the lot shall not exceed 1,200 square feet on each lot. Ground arrays shall not exceed a height of 10 feet.
D.
Agricultural requirements. Nothing in this section shall be taken to supercede the New Jersey Statutes specifically pertaining to Agriculture and biomass, solar, and wind energy (N.J.S.A. 4:1C-32.4).
(1)
Roofline. Installation of solar energy collection systems on agricultural structures, including but not limited to barns and sheds, shall be permitted on the rooflines of single-family residential units in the same manner as contained in Subsection B hereinbefore.
(2)
Ground.
(a)
Installation of solar energy collection systems shall be permitted in a manner consistent with single-family residential units on agricultural lots as indicated in Subsection B above and in accordance with standards promulgated by the state on agricultural land.
(b)
Installation of solar energy collection systems on agricultural lots other than on farm structures shall be permitted. The lot owner shall provide appropriate effective natural buffering material that will completely block the view of said panels from abutting residential zone or properties. Ground arrays shall be located so that any glare is directed away from an adjoining property. All ground-mounted solar energy collection panels shall be screened from view at ground level from adjacent properties and streets with year-round vegetative screen, buildings and/or solid fencing. No site plan shall be required unless the Zoning Officer finds that the installation does not meet the standards herein. All such installations shall be subject to the issuance of a zoning permit.
E.
Additional regulations and requirements.
(1)
If, in the opinion of the Zoning Officer, the installation of the solar energy collection systems does not satisfy the provisions of this section, he shall refer said application for a minor site plan application before the appropriate board of the Township of Woolwich.
(2)
Wind energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the system. In no case shall any identification be visible from a property line.
(3)
The design of wind energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.
(4)
All applications for a wind or solar energy system shall conform to the provisions of Ordinance 2009-17 as codified with respect to tree removal.[1] Any trees to be removed in excess of that permitted under the exemptions of the tree removal and protection ordinance shall be accompanied by a plan demonstrating the need to remove the trees and replacement of the trees in accordance with the provisions of said ordinance. An applicant shall locate a wind or solar energy system so that tree removal is not required to the extent practical.
(5)
The installation of a wind energy system shall conform to the National Electric Code as adopted by the New Jersey Department of Community Affairs.
(6)
The installation of a wind energy system is subject to all Atlantic City Electric Company requirements for interconnection.
(7)
Wind energy systems shall conform to the height restrictions provided in the zoning code and any deviation with regard to a height taller than what is expressly permitted in the zoning code requires the owner/operator to make application for relief to the Township's Joint Land Use Board.
F.
Abandonment.
(1)
A small wind energy system or solar energy system that is out of service for a continuous twelve-month period will be deemed to have been abandoned and decommissioned.
(2)
The Zoning Officer may issue a notice of abandonment to the owner. The notice shall be sent via regular and certified mail, return receipt requested, to the owner of record.
(3)
Any abandoned system shall be removed at the owner's sole expense within six months after the owner receives the notice of abandonment from the municipality. If the system is not removed within six months of receipt of notice from the Township notifying the owner of such abandonment, the Township may remove the system as set forth below.
(4)
When an owner of a wind or solar energy system has been notified to remove same and has not done so six months after receiving said notice, then the Township may remove such system and place a lien upon the property for the cost of the removal, including expenses, costs, and reasonable attorneys' fees. If removed by the owner, a demolition permit shall be obtained and the facility shall be removed. Upon removal, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at the time of abandonment.
§ 203-33 Floodplain management.
[Added 3-21-1994 by Ord. No. 94-2]
The following controls shall apply to all portions of the Township and shall regulate encroachment in floodplains and surface water areas in the Township:
A.
Purpose and policy. It is hereby found that various streams and waterways in the Township of Woolwich related to the Delaware River tributaries are subject to recurring flooding, that such flooding damages and endangers life and public and private property and facilities, that this condition is aggravated by developments and encroachments in the floodplain and that the most appropriate method of alleviating such condition is through regulation of such developments and encroachments on floodplains and surface water areas. It is further acknowledged that surface water areas, including streams, ponds, lakes and wetlands, associated recreation or immediately adjacent land areas, constitute sources of groundwater recharge, stormwater storage, fish and wildlife habitat and aesthetic value to the community as a whole. It is therefore determined that the special and paramount public interest in the floodplains and surface water areas justifies the regulation of property located therein as provided in this chapter, which is in the exercise of the police power of the municipality, for the protection of the persons and property of its inhabitants and for the preservation of the public health, safety and general welfare.
B. CHANNEL DESIGN FLOOD FLOODPLAIN FLOODWAY SURFACE WATER AREAS
Definitions. As used herein, the following terms have the meanings indicated:
The bed and banks of a stream or waterway which convey the normal flow of the stream or waterway that occurs most of the time.
The relative size or magnitude of a flood, expressed as a design discharge in cubic feet per second, which is developed from hydrologic criteria, represents a major flood with a one-percent chance in any given year of occurrence, reflects both flood experience and flood potential, and is the basis of the delineation of the floodway and the floodplain and of the water surface elevations thereof.
The relatively flat area adjoining the channel which is required to accommodate flows from storms having a one-percent chance of occurrence in any given year and have been or may be hereafter covered by floodwater of the stream or creek. This area is indicated on the current FIA Flood Hazard Boundary Maps as filed in the Township.
The channel and portions of the adjacent floodplain that carry the greater part of the flood flow at greater depths and velocities than do the other parts of the floodplain, that constitute the minimum area required for the passage of flood flows without aggravating flood conditions upstream and downstream and that are necessary to preserve the natural regimen of the stream for the reasonable passage of the floodway design flood.
The surface area of any stream, pond, lake or wetland, whether natural or created by a man-made impoundment, and including for the terms of this chapter the area of adjacent land within 50 feet of the edge of such stream, pond, lake or wetland.
C.
Applicability. The regulations shall govern encroachments and developments in the floodway and floodplain area:
(1)
Notwithstanding any other provision of this chapter, no building or structure shall be erected or constructed, either above or below ground level, within any floodway or floodplain in the Township of Woolwich. Nothing herein contained, however, shall be construed to prohibit the use of any floodplain for farming, grazing, plant nurseries, horticulture, truck farming, livestock and poultry raising, forestry, wild crop harvesting, open recreation uses, such as parks, playgrounds, sports fields, golf courses, boat landings, bathing beaches, picnic areas, hunting, fishing or the like, provided that any such use is permitted in the district in which the premises are located, their activities do not conflict with riparian rights of other property owners and that they are permitted by the state of federal agency with jurisdiction.
(2)
No building or structure shall be moved or externally altered or added to or enlarged in the floodplain outside the floodway, except as permitted by the state or federal agency with jurisdiction.
(3)
Areas to be regulated under this section shall be indicated generally on the current FIA Flood Hazard Boundary Maps prepared for the Township indicating the stream corridors, surface water bodies and flood lines to be protected. If the proposed building site is located in a questionable area, then the applicant's engineer must certify that said site is not subject to flooding upon evidence submitted by the applicant. Every application for a zoning permit shall state the use to be made of any area subject to floodplain controls. Structures or uses or both which meet the requirements of this chapter as to use and bulk and the flood area regulations of the New Jersey Department of Environmental Protection (or its successor agency) shall be permitted. The Township may grant such permits or approvals subject to compliance with the statutes of the New Jersey Department of Environmental Protection or its successor agency.
(4)
In cases of doubt or uncertainty as to the exact limit of the floodplain or floodway in a proposed parcel or development, the applicant shall retain a New Jersey licensed engineer and shall obtain the written consent of the landowner to determine the precise location of a floodway or floodplain limit by close inspection, field survey or from such other appropriate information as is available to him, notifying the landowner, the Building Inspector and the Planning Board of the results thereof.
(5)
Notwithstanding any other provisions of this chapter, no building or structure shall be erected or constructed either above or below ground level, within 50 feet from the bank of any stream or from the edge of any wetland, pond or lake in the Township of Woolwich. Neither shall any facility for the subsurface disposal of effluent be permitted within the fifty-foot distance described above. Nothing herein contained, however, shall be construed to prohibit the construction and maintenance of bridges or dams or other structures for the impoundment or retention of water in any such stream, wetland, pond or lake or of dug ponds or reservoirs, provided that all applicable requirements and approvals of any public authority having jurisdiction over such matters are met and obtained.
(6)
The setback requirement set forth in Subsection C of this section may be waived in planned developments (Article VI of this chapter) and cluster developments (§ 203-73 of this chapter), for man-made lakes or impoundments that are designed in such a way that buildings, plazas or promenades are constructed integrally with the water's edge. The intent of this provision is to encourage the creation of water bodies as community design amenities. The appropriateness of such design shall be considered in the final plan review stage of a planned unit development or in the site plan review of a cluster development, whichever is applicable.
(7)
No land area within the fifty-foot distance described above shall be disturbed by any person, partnership, corporation, municipal corporation or other public agency within this municipality, unless the applicant has submitted to the Municipal Engineer a plan to provide for soil erosion and sediment control for such land areas in accordance with the provisions set forth in the New Jersey Soil Erosion and Sediment Control Act, P.L. 1975, c. 251, as amended.[1]
[1]
Editor's Note: See N.J.S.A. 4:24-39.
D.
Data required for land disturbance permit. The applicant shall submit a separate soil erosion and sediment control plan for each noncontiguous site. The applicant shall file an application and plan with the Gloucester County Soil Conservation District in the selection of appropriate erosion and sediment control measures and the development of the plan. Such plan shall contain:
(1)
Location and description of existing natural and man-made features on and surrounding the site, including general topography and soil characteristics and a copy of the soil conservation district soil survey (where available).
(2)
Location and description of proposed changes to the site.
(3)
Measures for soil erosion and sediment control which meet or exceed Standards for Soil Erosion and Sediment Control, adopted by the State Soil Conservation Committee. Standards shall be on file at the offices of the local soil conservation district and the Township Clerk.
(4)
A schedule of the sequence of installation of planned erosion and sediment control measures as related to the progress of the project, including anticipated starting and completion dates.
(5)
All proposed revisions of data required shall be submitted for approval.
E.
Review and approval. Soil erosion and sediment control plans shall be reviewed by the Gloucester County Soil Conservation District and approved when in conformance with this chapter, the New Jersey Soil Erosion and Sediment Control Act (P.L. 1975, c. 251), as amended, and the Standards for Soil Erosion and Sediment Control as adopted by the State Soil Conservation Committee.
§ 203-34 District designations.
[Amended 10-27-2008 by Ord. No. 2008-21; 5-17-2010 by Ord. No. 2010-10; 8-20-2018 by Ord. No. 2018-13; 6-5-2023 by Ord. No. 2023-14]
A.
For the purpose of lessening congestion in the streets; securing safety from fire, panic and other dangers; protecting health, morals and the general welfare; providing adequate light and air; preventing the overcrowding of land and buildings; avoiding undue concentration of population, with reasonable consideration to the character of the district and its peculiar suitability for particular uses and with the objective of conserving the value of property and encouraging the most appropriate use of land throughout the municipality, the Township of Woolwich is hereby divided into 14 districts which shall be designated as follows:
5A Five Acre District (§ 203-39) |
R-1 Residential District (§ 203-40) |
R-2 Residential District (§ 203-41) |
R-3 Residential District (§ 203-42) |
CON Conservation (§ 203-43) |
PUD Planned Unit Development District (§ 203-45) |
FOC Flexible Office Commercial District (§ 203-46) |
I-C Cemetery District (§ 203-47) |
LIO Light Industrial/Office District (§ 203-48) |
CC Commercial Corridor District (§ 203-137) |
MU Mixed Use (§ 203-178) |
RHO Regional Hotel/Office (§ 203-185) |
NC Neighborhood Commercial (§ 203-186) |
AR-1 Auburn Village District (Article XX) |
B.
Additional zoning districts have been established through redevelopment plans applicable to the following redevelopment areas:
Kings Landing Redevelopment Area |
Nike Redevelopment Area |
Weatherby Redevelopment Area |
PMC Redevelopment Area |
§ 203-35 Zoning Map.
The boundaries of districts shall be as shown on the map attached to and made a part of this chapter, which map shall be known as the “Zoning Map of Woolwich Township,” dated the effective date of this section, or as may be subsequently revised. Said map and all notations, references and data shown thereon are hereby incorporated by reference into this chapter and shall be as much a part of this chapter as if all were fully described herein.[1]
[1]
Editor’s Note: The Zoning Map is available in the Township offices.
§ 203-36 Zone boundaries.
Where uncertainty exists as to any of said boundaries as shown on said map, the following rules shall apply:
A.
District boundary lines are intended to follow the center line of the streets, railroads, rights-of-way, streams and lot or property lines as they exist on plats of record at the time of the passage of this chapter, unless such district boundary lines are fixed by dimensions shown on the Zoning Map. Any dimensions shall be in feet and measured horizontally and, when measured from a street, shall be measured from the street right-of-way line even if the center line of that street is used for the location of a zoning district line.
B.
Where such boundaries are not fixed by dimensions and where they approximately follow lot lines and where they do not scale more than 10 feet distant therefrom, such lot lines shall be construed to be such boundaries unless specifically shown otherwise.
C.
In unsubdivided land and where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions shown on the map, shall be determined by the Zoning Officer by application of a scale thereto.
§ 203-37 Boundary tolerances.
A.
The exact location of any disputed zoning district boundary line shall be determined by the Zoning Board of Adjustment.
B.
The zoning standards, controls and designations apply to every structure, lot and use within each district, and the district lines extend vertically in both directions from ground level.
C.
Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by subsections above, the Zoning Board of Adjustment shall interpret the district boundaries.
D.
Whenever any street or public way is vacated by official action, the zoning districts adjoining the side of such public way shall be automatically extended to include the right-of-way thus vacated which shall thenceforth be subject to all regulations of the extended district or districts.
§ 203-38 Effect of establishment of districts.
Following the effective date of this chapter:
A.
Any use not permitted by this chapter shall be deemed to be prohibited.
B.
Where the provisions of this chapter impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this chapter shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this chapter, the provisions of such statute, other ordinance or regulation shall be controlling.
§ 203-39 5A Five Acre Residential District.
[Amended 8-20-2018 by Ord. No. 2018-13; 6-5-2023 by Ord. No. 2023-12; 7-17-2023 by Ord. No. 2023-21; 6-6-2024 by Ord. No. 2024-12; 11-18-2024 by Ord. No. 2024-20]
A.
Intent. The intent of the 5A Residential District is to provide appropriate regulations which permit the development of single-family detached dwellings while also providing incentives for the set-aside of greenway land.
(1)
To conserve farmland and greenway space, including those areas containing farmland, unique and sensitive natural features such as woodlands, steep slopes, streams, floodplains and wetlands, by setting them aside from development;
(2)
To provide greater design flexibility and efficiency in the design of services and infrastructure, including the opportunity to reduce length of roads, utility runs, and the amount of paving required for residential development;
(3)
To protect areas of the Township with productive agricultural soils for continued or future agricultural use;
(4)
To create neighborhoods with access to amenities in the form of greenway space, and outdoor recreation space; and
(5)
To provide options for landowners in order to minimize impacts on farming and environmental resources (sensitive lands such as wetlands, floodplain and steep slopes) and disturbance of natural or cultural features such as mature woodlands, hedgerows and tree lines, critical wildlife habitats, historic buildings and fieldstone walls.
B.
Use regulations.
(1)
Principal uses. In the 5A District, no building or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used, except for one or more of the following uses:
(a)
Single-family detached dwellings.
(b)
Farmhouses and farm buildings.
(c)
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries shall be subject to the same standards and requirements for single-family detached residences in this district, provided that they conform to the definitions found in N.J.S.A. 40:55D-66.2.
(d)
Public and nonprofit playgrounds, athletic fields, swimming pools, conservation areas, parks and public purpose uses.
(e)
Temporary buildings, temporary construction offices and temporary storage of materials, provided that such use is located on the lot where construction is taking place or on a lot adjacent to or part of the development site and that such temporary use is to be terminated within 30 days of issuance of a final certificate of occupancy for the total project or when work is abandoned.
(f)
Building structures and uses owned and operated by the Township.
(g)
Agriculture use and horticulture, including farm markets located on and operated in conjunction with farm property qualifying for farmland assessment.
(h)
Accessory uses and accessory buildings incidental to the above permitted principal uses.
(2)
Conditional uses. In the 5A District, the following uses may be permitted as conditional uses:
(d)
Breweries, distilleries, and wineries subject to the criteria governing such uses as contained in § 203-77.
(e)
Class 1 cannabis cultivation business, provided that any new building resembles an agricultural facility, subject to the special requirements of § 203-76.4, the conventional lotting bulk and area regulations of § 203-39C(1), and any other applicable Township code.
(f)
Class 2 cannabis manufacturer business, provided that any new building resembles an agricultural facility, subject to the special requirements of § 203-76.4, the conventional lotting bulk and area regulations of § 203-39C(1), and any other applicable Township code.
(g)
Class 1 and Class 2 facilities located on one parcel, provided they are co-located within one building.
C.
Bulk and area regulations. In order to achieve these purposes, this section provides for flexibility in designing new residential subdivisions in the 5A Residential District by allowing development according to one of the following standards:
(1)
General bulk standards.
Table of Options | |||
|---|---|---|---|
Option 1: Conventional Lotting | Option 2: Three-Acre Clustering With Greenway Land | Option 3: Two-Acre Clustering With Greenway Land | |
Density1 | 5 acres/DU | 3 acres/DU | 2 acres/DU |
Minimum lot size | 5 acres | 1 acre | 1 acre |
Minimum yards | |||
Front yard | 75 feet | 50 feet | 50 feet |
Side yard | 25 feet | 20 feet | 20 feet |
Rear yard | 50 feet | 30 feet | 30 feet |
Maximum building coverage | 5% | 10% | 10% |
Maximum impervious coverage | 15% | 30% | 30% |
Maximum building height | 35 feet | 35 feet | 35 feet |
Minimum greenway land | 0% | 30% of the gross tract area2 | 50% of the gross tract area2 |
Minimum lot width | 200 feet | 70 feet | 70 feet |
NOTES: | |
1. | Density shall be determined based on gross tract area. For example, for a 100-acre tract: i) if conventional lotting (Option 1) is utilized, the maximum number of developable lots would be 20 lots; ii) if three-acre clustering (Option 2) is utilized, the maximum number of developable lots would be 33 lots; and iii) two-acre clustering (Option 3) is utilized, the maximum number of developable lots would be 50 lots. |
2. | Greenway land requirements are set forth in Subsection E below. |
(2)
Accessory use bulk standards. If utilizing three-acre clustering (Option 2) or two-acre clustering (Option 3), accessory uses shall conform with § 203-59. If using conventional lotting (Option 1), the following standards apply:
(a)
The gross floor area of any building shall not exceed 2% of the lot area, and the total size of all accessory buildings shall not exceed 4% of the lot area.
(b)
No accessory building shall be located within 15 feet of any side or rear property line.
(c)
No accessory building shall be permitted between the building line and the street line.
(d)
The height of an accessory building shall not exceed 25 feet or the height of the principal building, whichever is less.
D.
Special requirements.
(2)
No junk cars or abandoned vehicles shall be stored or permitted upon any lot, road or street.
(3)
Removal of topsoil from any lot shall be consistent with Gloucester County Soil Conservation District regulations and other applicable requirements.
(4)
All lots that were existing as conforming lots, either as part of an approved subdivision or isolated with an existing residential structure, in the R-1 or R-2 Zoning Districts prior to December 31, 2022, must conform to the standards for the district that they existed in at the time of approval for any future addition or accessory structure.
(5)
New dwelling setbacks:
(a)
From all external road rights-of-way: 100 feet.
(b)
From all other tract boundaries: 50 feet.
(c)
From active crop, pasture, preserved land, agricultural land, or from buildings and barnyards housing livestock: 100 feet, with a fifty-foot year-round fully vegetative screen consisting of a mixture of evergreen and deciduous plantings.
E.
Greenway land requirements. All greenway land provided under the three-acre clustering (Option 2) or the two-acre clustering (Option 3) shall comply with the following requirements:
(1)
Uses permitted on greenway land.
(a)
If utilizing three-acre clustering (Option 2), uses permitted on greenway land shall be i) all uses set forth in § 203-72B(1) through (6); and ii) if owned and maintained by a homeowners' association, noncommercial recreation areas, such as playing fields, playgrounds, tot lots, sports courts, and bikeways, if surfaced with impervious cover and properly drained, and provided safe ingress and egress is provided.
(b)
If utilizing the two-acre clustering (Option 3), uses permitted on greenway land shall be i) all uses set forth in § 203-72B(1) through (9); ii) if owned and maintained by a homeowners' association, noncommercial recreation areas, such as playing fields, playgrounds, tot lots, sports courts, and bikeways, if surfaced with impervious cover and properly drained, and provided safe ingress and egress is provided; and iii) wetlands and wetland buffers.
(2)
All greenway land shall be designed in accordance with the design standards set forth in § 203-72C(1) and D(1) and (2) and all other applicable standards set forth in the Township Zoning Code. In addition, the following requirements shall apply:
(a)
Recreational facilities, recreation areas, and neighborhood open spaces shall be carefully planned, designed and located within the greenway land to avoid problems of noise, lighting and other nuisances which might interfere with the use and enjoyment by residents of the development, and when such areas are not open to the public, to provide privacy for the users.
(b)
Forestry use shall require preparation of and compliance with a forestry management plan prepared by a forester approved by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:3-2, as may be amended or supplemented.
(c)
Stormwater facilities shall apply with New Jersey Stormwater Regulations, N.J.A.C. 7:8, as may be amended and supplemented, and Chapter 157.
(d)
Agricultural use shall be subject to the requirements of Subsection E(8) below.
(e)
All deed restrictions and conservation easements shall contain all of the design standards set forth in this subsection.
(3)
All greenway land shall be subject to a permanent conservation easement or a permanent deed restriction prohibiting future development and subdivision. Only those uses set forth in Subsection E(1) above may be listed in the conservation easement or deed restriction. Under no circumstances shall any greenway land be utilized for any uses other than those set forth in Subsection E(1) above.
(4)
All deed restrictions and conservation easements shall contain the maintenance obligations set forth in § 203-72F(4) and shall identify the person or entity responsible for maintaining the greenway land. Maintenance for conservation of open space in its natural state shall consist of maintaining the greenway land in its natural state and maintenance for agriculture and horticultural uses shall consist of active agriculture or horticultureal operations.
(5)
Notwithstanding the provision of greenway land, the Joint Land Use Board may require portions of fee simple lots to be encumbered by conservation easements when necessary to protect valuable or sensitive natural features or landscape features on such lots.
(6)
All greenway land shall comply with the requirements of § 203-72F(2)(a) through (d) and § 203-72F(3) and (4).
F.
Greenway land deed restriction requirements. Greenway land shall include within the permanent deed restriction or permanent conservation easement the following requirements:
(1)
Permitted uses. The greenway land shall only be utilized for one or more of the uses set forth below (each a "greenway land permitted use"). Under no circumstances shall the greenway land be utilized for any uses other than those set forth. Any use authorized herein shall obtain all necessary approvals in accordance with the Township Code.
(a)
Conservation of open space in its natural state;
(b)
Agricultural and horticultural uses;
(c)
Pastureland for horses based on best management practices;
(d)
Forestry, in keeping with established best management practices for selective harvesting and sustained yield forestry;
(e)
Neighborhood open spaces uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses, specifically excluding motorized off-road vehicles, shooting ranges, and other uses set forth by resolution of the Woolwich Township Joint Land Use Board;
(f)
Public park;
(g)
Active noncommercial recreation areas;
[Where 50% greenway land has been preserved, add the following.]
(h)
Water supply systems and stormwater detention areas designed, landscaped, and available for use as an integral part of the greenway;
(i)
Easements for drainage, access, sewer, or water lines, or other public purposes; and
(j)
Underground utility rights-of-way. Aboveground utility and street rights-of-way may traverse conservation areas but shall not count toward the minimum required greenway land.
(2)
Development prohibited. No new structures, or the expansion of preexisting structures, or further subdivision of the greenway land is permitted, except as specifically authorized herein. Any development of the greenway lands shall comply with the Township's Stormwater Control Ordinance,[1] as may be amended or supplemented, and if applicable, the Stormwater Management Regulations adopted by the New Jersey Department of Environmental Protection. Site plan approval or a site plan waiver shall be obtained for any development of greenway land to the extent site plan approval is required pursuant to § 149-4 of the Township Code, as may be amended or supplemented.
(3)
Maintenance requirements. The greenway land shall be maintained in accordance with the following requirements:
(a)
A maintenance plan is on file with the office of the Joint Land Use Board ("maintenance plan"). All maintenance of the greenway land shall be in accordance with the maintenance plan. The property owner (as defined below) shall be responsible for undertaking all maintenance in accordance with the maintenance plan. Maintenance obligations for conservation of open space in its natural state shall consist of maintaining the greenway land in its natural state and maintenance obligations for agricultural and horticultural uses shall consist of active agriculture or horticultural operations.
(b)
The cost and responsibility of maintaining the greenway land shall be borne by the owner of the greenway land ("property owner") during the period of time in which the greenway land holds title. The property owner shall maintain and update annually a funding plan which shall include a plan for funding all operating and maintenance expenses set forth in the maintenance plan, as well as a plan to fund all capital improvements that may be necessary to maintain the greenway land and all improvements thereon in a good and safe working order.
(c)
In the event that any property owner fails to maintain all or any portion of the greenway land in a reasonable order and condition, the Township of Woolwich may, in its sole discretion, take the following actions: i) enter the greenway land; ii) take corrective action, including extended maintenance; and iii) charge all costs for such corrective action, including extended maintenance, to the property owner ("maintenance costs"). The property owner shall pay all maintenance costs charged by the Township to the property owner pursuant to this section within 30 days from receipt of the Township's demand for payment of the same. In the event that the property owner fails to pay the maintenance costs within 30 days, the maintenance costs shall become a lien on the greenway land and the Township may record such lien with the Gloucester County Clerk's Office.
(4)
Enforcement. In accordance with N.J.S.A. 40:55D-39.1, the restrictions contained herein shall be enforceable by the Township of Woolwich and the State of New Jersey.
(5)
Restrictions applicable to greenway land in its natural state. All greenway land shall be preserved in its natural state and any/all activities that inhibit the natural succession of vegetation are prohibited.
(6)
Restrictions applicable to agricultural or horticultural use. All greenway land used for agricultural or horticultural shall comply with the following requirements:
(a)
Housing and buildings. The continued use of existing nonagricultural structures, construction of new buildings/structures and the expansion of existing buildings/structures, regardless of its purpose, shall be prohibited except as follows:
[1]
Existing structures. All nonagricultural uses, if any, existing on the greenway land as of the date of the Joint Land Use Board's resolution approving the greenway land may be continued and any structure may be restored or repaired in the event of partial destruction, provided such uses are specifically identified in the Joint Land Use Board's resolution. No new structures, or the expansion of preexisting structures for nonagricultural uses, are permitted, except as specifically authorized herein. In the event a preexisting nonagricultural use is abandoned, the right to continue the use is extinguished. Any existing residential structures on the greenway lands shall be counted as part of the overall density of the tract.
[2]
Agricultural labor housing. The provision of structures for housing of agricultural labor employed by an owner or operator of the agricultural operation is permitted. Such housing shall not be used as a residence for the property owner, property owner's spouse, property owner's parents, property owner's lineal descendants, adopted or natural, property owner's spouse's siblings, parents or property owner's spouse's lineal descendants, adopted or natural. Such land shall only be occupied by agricultural labor who works, at least three months out of the year, at an agricultural operation located, at least in part, within the Township of Woolwich, and which is owned or operated by the property owner. Proof of employment shall be maintained by the property owner of the greenway land.
[4]
Expansion of existing structures for alcohol production. To the extent permitted by the Woolwich Township Zoning Ordinance, a building that existed on the greenway land as of the date of the Joint Land Use Board's resolution approving the greenway land may be expanded up to 50%, subject to the following requirements:
[a]
The building is specifically identified in the Joint Land Use Board's resolution at the time the greenway land is created;
[b]
In no case shall the building be expanded more than 2,000 square feet of the building's original size;
[c]
The expansion shall be solely for the purposes of utilizing the building for a winery, brewery, distillery and/or other alcohol production facility on the greenway land;
[d]
The predominant crops on the greenway land shall used in the production and the use; and
[e]
The expansion does not diminish the actual or potential use of the greenway land for agricultural production.
[5]
Expansion of existing structures for bed-and-breakfast use. To the extent permitted by the Woolwich Township Zoning Ordinance, a building that existed on the greenway land as of the date of the Joint Land Use Board's resolution approving the greenway land may be expanded up to 50%, subject to the following requirements:
[a]
The building is specifically identified in the Joint Land Use Board's resolution at the time the greenway land is created;
[b]
In no case shall the building be expanded more than 2,000 square feet of the building's original size;
[c]
The expansion shall be solely for the purpose of utilizing the building for a bed-and-breakfast;
[d]
The expansion does not diminish the actual or potential use of the greenway land for agricultural production; and
[e]
The use shall comply with the agricultural management practice requirements for on-farm direct marketing facilities, activities and events, as set forth in N.J.A.C. 2:76-2A.13, as may be amended or supplemented or any site-specific agricultural management practice approved by the State Agricultural Development Committee or the County Agricultural Development Board pursuant to the Right to Farm Act.
[6]
Expansion of existing structures for social events. To the extent permitted by the Woolwich Township Zoning Ordinance, a building that existed on the greenway land as of the date of the Joint Land Use Board's resolution approving the greenway land may be expanded up to 50%, subject to the following requirements:
[a]
The building is specifically identified in the Joint Land Use Board's resolution at the time the greenway land is created;
[b]
In no case shall the building be expanded more than 2,000 square feet of the building's original size;
[c]
The expansion shall be solely for the purpose of utilizing the building for social events such as weddings, and temporary structures may be used for said social events;
[d]
The expansion does not diminish the actual or potential use of the greenway land for agricultural production; and
[e]
The use shall comply with the agricultural management practice requirements for on-farm direct marketing facilities, activities and events, as set forth in N.J.A.C. 2:76-2A.13, as may be amended or supplemented or any site-specific agricultural management practice approved by the State Agricultural Development Committee or the County Agricultural Development Board pursuant to the Right to Farm Act.
(b)
Agricultural and horticultural uses. Use of greenway lands shall be in accordance with the following:
[1]
The greenway lands may be used for any activity listed in N.J.S.A. 4:1C-9 of the Right to Farm Act where the operation conforms to an agricultural management practice adopted by the State Agricultural Development Committee as set forth in N.J.A.C. 2:76-2A or 2B, as may be amended or supplemented, or whose specific operation or practice has been determined to be appropriate by the State Agricultural Development Committee or County Agricultural Development Committee pursuant to the Right to Farm Act, and which does not pose a direct threat to public health or safety.
[2]
The greenway lands may be used to the extent permitted by the State Agricultural Development Committee or the County Agricultural Development Board pursuant to a site-specific management practice approved pursuant to the Right to Farm Act.
[3]
Agricultural management practices as have been and continue to be promulgated by the New Jersey State Agriculture Development Committee pursuant to its authority under N.J.A.C. 2:76-2.1 et seq., N.J.A.C. 2:76-2A.1 et seq., N.J.A.C. 2:76-2B.1 et seq., and the Right to Farm Act (N.J.S.A. 4:1C-1 et seq.) are expressly permitted.
[4]
No activity shall be permitted which would be detrimental to drainage, flood control, water conservation, erosion control, or soil conservation, nor shall any other activity be permitted which would be detrimental to the continued agricultural use of the land and buildings.
[5]
Public improvements, including but not limited to roadways, drainage facilities and other public infrastructure, are permitted so long as the public improvements individually or collectively have no more than a de minimis impact on the actual or potential use of the land for agricultural production. The right to maintain all roads and trails existing upon the land as of the date of the deed of easement shall be preserved. The construction, improvement or reconstruction of any roadway necessary to service crops, agricultural buildings, or reservoirs is permitted as necessary.
[6]
To the extent permitted by the Woolwich Township Zoning Ordinance or Right to Farm Act, the land may be used for certain recreational activities such as hunting, fishing, cross-country skiing and ecological tours, only if such activities do not interfere with the actual or potential use of the land for agricultural production. Other recreational activities which alter the land, such as indoor recreational facilities, golf courses and athletic fields, are prohibited unless expressly authorized herein. However, if the greenway land is acquired by a governmental entity, the governmental entity may establish outdoor active recreational uses on the greenway land.
[7]
Disposal of sludge or any waste material resulting from treatment of wastewater, domestic or otherwise, is expressly prohibited. No sand, gravel, loam, rock or other minerals shall be deposited on or removed from the premises except those materials required by the agricultural purpose for which the land is used. No dumping or placing of trash or waste material shall be permitted unless expressly authorized by the State Agricultural Development Committee or the County Agricultural Development Board as an agricultural management practice and pursuant to the Right to Farm Act and subject to any restrictions imposed by the Township consistent with that act.
[8]
No historic building or structure (included in the New Jersey Register of Historic Places) located on the land may be demolished by the grantor or any other person without the prior approval of the Township Committee, with a recommendation from the Joint Land Use Board.
[9]
The construction of billboards, golf courses, cellular phone towers, solar panels, wind turbines, airstrips, and helicopter pads is expressly prohibited. Notwithstanding this subsection, solar panels and wind turbines used to generate electricity for uses on the greenway lands are permitted to the extent permitted by the agricultural management practice for solar generation facilities set forth at N.J.A.C. 2:76-2A-12 as may be amended or supplemented, or as permitted pursuant to any site-specific agricultural management practice approved by the State Agricultural Development Committee or the County Agricultural Development Board pursuant to the Right to Farm Act.
[10]
To the extent permitted by the Woolwich Township Zoning Ordinance or the Right to Farm Act, fences may be constructed in support of the agricultural operation and to prevent trespassing. On any designated public areas, no fences shall be erected to block access to public areas from the general public.
[11]
The right to plant, grow, and harvest trees, timber and forest products and to engage in other woodland management activities related thereto provided that the same are carried out in a manner consistent with the Farmland Assessment Act of 1964 (N.J.S.A. 54:4-23.1 et seq.).
[12]
To the extent permitted by the Woolwich Township Zoning Ordinance, permissible improvements allowed in conjunction with permitted uses to include the installation of needed driveway and/or road access and ancillary unpaved parking areas for a maximum of 75 vehicles, subject to the following: i) it must be demonstrated that the uses individually or collectively will not diminish the actual or potential use of the land for agricultural production; ii) said improvements comply with the agricultural management practice requirements for on-farm direct marketing facilities, activities and events, as set forth in N.J.A.C. 2:76-2A.13, as may be amended or supplemented or any site-specific agricultural management practice approved by the State Agricultural Development Committee or the County Agricultural Development Board pursuant to the Right to Farm Act; and iii) said improvements are subject to the review and approval of the Joint Land Use Board. The use of hiking and biking trails for motorized vehicles is not permitted except for necessary access to the land.
[13]
Use of the designated public area of the land for public passive recreational use is permitted consistent with the New Jersey Department of Environmental Protection, Green Acres Program Rules (N.J.A.C. 7:36- 1.1 et seq.).
[14]
To the extent permitted by the Woolwich Township Zoning Ordinance, the greenway land may be used as a day camp if it is demonstrated that the uses individually or collectively will not diminish the actual or potential use of the premises for agricultural production and the uses comply with the agricultural management practice requirements for on-farm direct marketing facilities, activities and events, as set forth in N.J.A.C. 2:76-2A.13, as may be amended or supplemented or any site-specific agricultural management practice approved by the State Agricultural Development Committee or the County Agricultural Development Board pursuant to the Right to Farm Act.
[15]
To the extent permitted by the Woolwich Township Zoning Ordinance, the greenway land may be retained for use as a botanical garden or arboretum if it is demonstrated that the uses individually or collectively will not diminish the actual or potential use of the premises for agricultural production.
(7)
Restrictions applicable to pastureland for horses. All greenway land utilized as pastureland for horses shall comply with the agricultural management practices set forth at N.J.A.C. 2:76-2A.10, as may be amended or supplemented.
(8)
Restrictions applicable to forestry land. Greenway land used for forestry use shall require preparation of and compliance with a forestry management plan or a forestry stewardship plan prepared by a forester approved by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:3-2, as may be amended or supplemented. Use of the greenway land for forestry use, including but not limited to harvesting of forest product, shall be in strict compliance with the approved forestry management plan or a forestry stewardship plan.
(9)
Restrictions applicable to neighborhood open space uses. Greenway land used for neighborhood open space shall be used in accordance with the following requirements:
(a)
In general, greenway lands shall be designed and used to conserve significant natural features located on the site.
(b)
Areas containing environmentally sensitive areas, characterized by the presence of wetlands, steep slopes, stream corridors, floodplains, boulder fields, and/or unique ecology, shall be preserved in their natural state, where possible.
(c)
Areas containing wildlife corridors, wildlife habitat, protected stream corridors, or scenic vistas shall be maintained in their natural state.
(d)
A pathway system may be installed within the greenway land as a walking, hiking or biking trail, provided that no motorized vehicles, other than emergency vehicles, may utilize the pathway system. Preventative measures shall be taken to prevent unauthorized use by motorized vehicles. Pathways shall be laid out in a manner that allows interconnection with existing trails on open space and greenway land within the Township of Woolwich.
(e)
Passive recreation activities which are nonmotorized, outdoor and nature based, which require minimal disturbance of the natural environment, shall be permitted, such as swimming, fishing, hiking, hunting, trapping, picnicking, nature observation, photography, horseback riding, camping, cross-country skiing, bicycling, snowshoeing, rock climbing, ice climbing, and enjoyment of open space.
(f)
Neighborhood open spaces shall be carefully planned, designed and located within the greenway land to avoid problems of noise, lighting and other nuisances which might interfere with the use and enjoyment by residents of the development, and when such areas are not open to the public, to provide privacy for the users.
(11)
Restrictions applicable to private active noncommercial recreation areas. Greenway land use for private active noncommercial recreation shall comply with the following requirements:
(a)
The uses permitted shall be outdoor active recreation, including baseball fields, softball fields, soccer fields, football fields, lacrosse fields, field hockey fields, multipurpose fields, running tracks, tennis courts, bocci courts, volleyball courts, pickleball courts, basketball courts, playgrounds, tot lots, or skate parks, or any other outdoor active recreational activity.
(b)
No fee may be charged to utilize the recreation areas, other than regular assessments by homeowners' associations or condominium associations.
(c)
Greenway land may be surfaced with impervious cover and shall be properly drained, so as to prevent standing water.
(d)
Safe ingress and egress to all recreation areas shall be provided.
(e)
Lighting may be installed as part of the recreational facilities, subject to the following requirements:
[1]
For field sports, a maximum pole height of 60 feet.
[2]
The minimum distance of the pole to any property line shall be twice the height of the pole. For example, a forty-foot pole must be a minimum of 80 feet from any property line.
[3]
Light trespass shall not be more than 1/10 foot-candle at any adjacent residential property line measured at grade.
[4]
A berm, landscape buffer, where feasible, shall be required to screen the source of light and the lit object from any adjacent residences.
[5]
When not in use or not later than 11:00 p.m., all lighting shall be turned off.
(f)
All recreational facilities shall comply with the Americans with Disabilities Act requirements.
(g)
Recreational facilities and recreation areas shall be carefully planned, designed and located within the greenway land to avoid problems of noise, lighting and other nuisances which might interfere with the use and enjoyment by residents of the development, and when such areas are not open to the public, to provide privacy for the users.
(12)
Restrictions applicable to wetlands and wetland buffers. All wetlands and wetland buffers located within the greenway lands, and any activity thereon, shall comply with the requirements of the New Jersey Freshwater Wetlands Protection Act Rules adopted by the New Jersey Department of Environmental Protection, at N.J.A.C. 7:7A, as may be amended or supplemented, including but not limited to any exemptions for farming, ranching and silviculture set forth in N.J.A.C. 7:7A-2.4, if applicable, as the same may be amended or supplemented.
(13)
Restrictions applicable to water supply systems. Water supply systems in which a well or other potable water source is located on the greenway lands shall comply with the following requirements:
(a)
The following shall not be constructed, maintained or caused to be constructed or maintained within 100 feet of any potable water source on the greenway land; cesspools; sewers; pressure effluent pipes; building sewers; privies; septic tanks; drainfields; and any other receptacle for the storage, conveyance, treatment, or disposal of sewage; manure piles; manure, sewage, and other lagoons; building foundations; garbage of any kind or description; loafing shed; animal feeding stations; barns; chicken houses; rabbit hutches; dog kennels; pigpens; or other enclosures or structures for the keeping or maintenance of fowl, or other animals (either partial or completely within the 100-foot radius); underground storage tanks; hazardous waste sites; storage of liquid or dry chemicals, herbicides, or insecticides; public roads; surface water; railroad tracks; power utility or gas lines (except for individual residential power lines for service); or known or suspected sources of contamination such as use or application of liquid or dry chemicals, herbicides or insecticides on or around household foundations or any other structural foundations; and fuel storage tanks.
(b)
The property owner of the greenway land shall take all actions necessary to ensure that the potable water supply is not open to the danger of contamination from any source.
(c)
Water supply systems shall be of adequate quantity, be of a safe and sanitary quality, and be constructed, protected, operated, and maintained pursuant to the New Jersey Safe Drinking Water Act, N.J.S.A. 58:12A-1 et seq., N.J.A.C. 7:10, the New Jersey Uniform Construction Code, N.J.A.C. 5:23, and local laws, ordinances, and regulations.
(d)
Any greenway land used for water supply systems shall not be permitted to change to any other greenway land permitted use.
(14)
Restrictions applicable to stormwater detention areas. Any greenway lands utilized for stormwater detention areas, or any stormwater basin or other stormwater facility, shall comply with the following requirements:
(a)
All stormwater detention areas, stormwater basins or other stormwater facilities shall be maintained in accordance with the stormwater maintenance plan approved by the Joint Land Use Board pursuant to resolution ("stormwater maintenance plan").
(b)
All stormwater detention areas, stormwater basins or other stormwater facilities shall comply with the Township of Woolwich's Stormwater Management Ordinance, Chapter 157, as may be amended and supplemented, and shall also comply with the Stormwater Management Regulations adopted by the New Jersey Department of Environmental Protection at N.J.A.C. 7:8, as may be amended or supplemented.
(c)
The following activities shall not occur within any greenway land, unless specifically permitted in Subsection F(14)(d) below:
[1]
Removal, excavation, movement of soil, or compaction of the soil and ability to infiltrate stormwater, unless specifically approved under a stormwater maintenance plan;
[2]
Dumping or filling with any materials;
[3]
Relocation or installation of structures and change in land use;
[4]
Placement of pavement or other impervious surfaces;
[5]
Destruction of plant life that is inconsistent with the maintenance plan;
[6]
Destruction of plant life which would alter the existing pattern of vegetation unless it is demonstrated to the grantee that such removal will result in habitat enhancement or to prevent a safety hazard, and the property owner has received written approval of the New Jersey Department of Environmental Protection's Division of Land Use Regulation or other similar division of the New Jersey Department of Environmental Protection;
[7]
The use of fertilizers, herbicides or pesticides that are not specifically approved under the maintenance plan;
[8]
Alteration of natural drainage features unless it is demonstrated that such alteration is necessary for soil erosion and sediment control and alteration will result in water quality enhancement or to prevent a safety hazard, and the property owner has received written approval of the New Jersey Department of Environmental Protection's Division of Land Use Regulation or other similar division of the New Jersey Department of Environmental Protection; and
[9]
All other activities constituting a regulated activity for which a permit is required from the New Jersey Department of Environmental Protection.
(d)
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements pursuant to N.J.A.C. 7:8-5.2(d), and are therefore permitted to be undertaken on the greenway lands:
[1]
The construction of an underground utility line provided that the disturbed areas are revegetated upon completion;
[2]
The construction of an aboveground utility line provided that the existing conditions are maintained to the maximum extent practicable; and
[3]
The construction of a public pedestrian access, such as a sidewalk or trail with a maximum width of 14 feet, provided that the access is made of permeable material.
(e)
Any greenway land used as a stormwater detention area, stormwater basin or other stormwater facility shall not be permitted to change to any other greenway land permitted use.
(15)
Restrictions applicable to easement areas. Greenway lands used for easements for drainage, access, sewer, or water lines, or other public purposes shall comply with all of the requirements and restrictions set forth in the applicable easement. The property owner shall provide the Township Clerk with a copy of all such easements within 30 days of recording the same. Greenway lands used as easements for drainage, access, sewer, or water lines, or other public purposes shall not be permitted to change to any other greenway land permitted use.
(16)
Restrictions applicable to utility rights-of-way. Greenway lands used for utility rights-of-way shall comply with all of the requirements of said utility holding the easement. The property owner shall provide the Township Clerk with a copy of a survey depicting all of the utility rights-of-way on the greenway land, which shall be updated in the event that new utility rights-of-way are added. Greenway lands used as utility rights-of-way shall not be permitted to change to any other greenway land permitted use.
(17)
At the time of subdivision of the tract, the applicant may request that all noncontiguous greenway lands on the tract be consolidated for tax and stewardship purposes, which may be granted by the Joint Land Use Board if:
§ 203-40 R-1 Residential District.
[Amended 8-1-2005 by Ord. No. 2005-25; 10-27-2008 by Ord. No. 2008-19; 10-5-2015 by Ord. No. 2015-19; 11-21-2016 by Ord. No. 2016-18]
A.
Intent.
(1)
The intent of the R-1 Residential District is to provide appropriate regulations for the preservation of agriculture, natural resources, scenic vistas and the rural landscape of Woolwich Township, along with the development of single-family detached dwellings and other permitted uses in portions of the Township characterized as rural, regardless of the presence or absence of public sewer or water service. The Township is offering two development options in the R-1 District. Option 1 is strongly encouraged as the means to best maintain the rural character while preserving open space and natural resources in the R-1 District. In conformance with the MLUL, the purposes of Options 1 and 2 are as follows:
(a)
To conserve farmland and open space, including those areas containing active farmland, unique and sensitive natural features such as woodlands, steep slopes, streams, floodplains and wetlands, by setting them aside from development;
(b)
To provide greater design flexibility and efficiency in the design of services and infrastructure, including the opportunity to reduce length of roads, utility runs, and the amount of paving required for residential development;
(c)
To reduce erosion and sedimentation by the retention of existing vegetation, and minimization of development on steep slopes;
(d)
To provide for a diversity of lot sizes and housing choices to accommodate a variety of age and income groups and residential preferences, so that the community's population diversity will be maintained;
(e)
To implement adopted municipal policies to conserve a variety of irreplaceable and environmentally sensitive resource lands as set forth in the Township's Open Space Plan, including provisions for reasonable incentives to create a greenway system for the benefit of present and future residents;
(f)
To implement adopted land use, transportation, and community policies, as identified in the Township's Master Plan;
(g)
To protect areas of the Township with productive agricultural soils for continued or future agricultural use by conserving blocks of land large enough to allow for efficient farm operations;
(h)
To create neighborhoods with direct visual access to open space, with amenities in the form of neighborhood open space, and with a strong neighborhood identity;
(i)
To provide for the conservation and maintenance of open space within the Township to achieve the above-mentioned purposes and for active and/or passive recreational use by residents;
(j)
To provide options for landowners in order to minimize impacts on farming and environmental resources (sensitive lands such as wetlands, floodplains, and steep slopes) and disturbance of natural or cultural features such as mature woodlands, hedgerows and tree lines, critical wildlife habitats, historic buildings, and fieldstone walls;
(k)
To provide standards reflecting the varying circumstances and interests of individual landowners, and the individual characteristics of their properties; and
(l)
To conserve scenic views and elements of the Township's rural character, and to minimize perceived density, by minimizing views of new development from existing roads.
(2)
In order to achieve these purposes, this section provides for flexibility in designing new residential subdivisions in the R-1 Residential District by allowing one form of conservation zoning based upon the maximum number of DUs (dwelling units) as determined by a conventional zoning "by-right" development.
(a)
Option 1: neutral density and basic conservation, providing for residential uses at the density permitted by the underlying R-1 Zoning District. Greenway lands shall comprise at least half the tract.
(b)
Option 2: conventional lotting. In addition to the above option for subdivision, Option 2, conventional lotting, at a minimum lot size of two acres, is permitted.
B.
Use regulations.
(1)
Principal uses. In the R-1 District, no building or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used, except for one or more of the following uses; all principal and accessory uses permitted in the 5A District.
(2)
Conditional uses. In the R-1 District, the following uses may be permitted as conditional uses:
(a)
Home occupations as part of a continued existing residential use may occur, subject to the criteria governing such home occupations as contained in § 203-60.
(b)
Breweries, distilleries, and wineries subject to the criteria governing such uses as contained in § 203-76.3.
(c)
Public and private elementary, middle and high schools subject to the requirements of the minimum lot sizes as established by the New Jersey State Department of Education for school facilities, and subject further to the following:
(d)
Water storage tank or tower, water reservoir, water or sewer pumping station and water or sewage treatment plant, 400 square feet or greater in size, subject to the following special requirements:
[1]
Project shall be designed to be structurally compatible and in keeping with the architectural character of the neighborhood in which it is to be located.
[2]
Project shall be in keeping with the Master Plan or Utility Master Plan of the Township.
[3]
Project shall conform with yard setbacks for the district in which it is to be located.
(e)
Substation, electric and gas facilities, and all other public utilities, 400 square feet or greater in size, subject to the following requirements:
(3)
Accessory buildings, including storage sheds, greenhouses and other outbuildings, shall be subject to the following regulations, which shall supersede the requirements of § 203-59 in this district:
(a)
For lots less than three acres in size, the gross floor area of any individual building shall not exceed 2% of the lot area or 1,500 square feet, whichever is smaller, and the size of all accessory buildings shall not exceed 2% of the lot area.
(b)
For lots of three acres or greater in size, the gross floor area of any individual building shall not exceed 2% of the lot area, and the total size of all accessory buildings shall not exceed 4% of the lot area.
(c)
No accessory building shall be located within 10 feet of any side or rear property line.
(d)
No accessory building shall be permitted between the front of the building and the street line.
(e)
Each residential lot shall be allowed no more than two accessory buildings.
(f)
No construction permit shall be issued for the construction of an accessory building prior to the issuance of a construction permit for the construction of the principal building or structure upon the same premises.
(h)
The height of an accessory building shall not exceed 25 feet or the height of the principal building, whichever is less.
C.
Bulk and area regulations. In order to achieve these purposes, this section provides for flexibility in designing new residential subdivisions in the R-1 Residential District by allowing one form of conservation zoning based upon the number of DUs (dwelling units) as determined by the conventional zoning "by-right" development:
Table of Options | ||||
|---|---|---|---|---|
Option 1 Neutral Density/Basic Conservation | Option 2 Conventional Lotting | |||
Density | 87,120 SF/DU maximum gross density | 87,120 SF/DU maximum gross density | ||
Lot size minimum with minimum lot width | 21,780 SF 70 feet | 87,120 SF 185 feet | ||
Open space | 50% | No Common Open Space | ||
Yards: | ||||
Front | 30 feet | 60 feet | ||
Side | 10 feet; 30 feet between buildings | 25 feet | ||
Rear | 35 feet | 50 feet | ||
Maximum building coverage | NA | 10% | ||
Maximum impervious coverage | 30% on each lot | 30% on each lot | ||
Maximum building height | 35 feet | 35 feet | ||
(1)
Option 1: neutral density and basic conservation, providing for residential uses at the density permitted by the underlying R-1 Zoning District and the following:
(a)
A neutral density/basic conservation development must consist of at least one tract of land without intervening roads, with each tract of land containing not less than 10 acres. When a tract of land less than 10 acres in area is contiguous to existing open space and would contribute to the fulfillment of the Township's Open Space Plan, the Joint Land Use Board may consider a variance to this provision.
(c)
Minimum required greenway land. The subdivision must include at least 50% of the gross tract area as greenway land. Greenway land shall not be used for residential lots.
(d)
Greenway land shall be devoted to farming conservation, open space, municipal and/or recreational purposes. In no case shall less than 50% of the greenway land area be devoted to upland area.
(e)
Active recreational facilities shall be provided, subject to the review and approval of the Joint Land Use Board. Such recreational facilities may be jointly provided by two or more developers within the R-1 Zone with convenient access to all users, provided that the facility and/or recreational area shall equal the recreational requirements of the participating properties. The location of such recreational facilities shall be carefully planned to provide privacy for the users and to avoid problems of noise, lighting and similar nuisances which might interfere with the use and enjoyment by residents of the development.
(f)
The Joint Land Use Board shall require such grading, drainage, planting, walkways, fencing, roadways, lighting and such other improvements in the greenway land as shall be necessary to enhance the intended open space and recreational uses or accept a contribution in lieu of making such improvements.
(g)
Minimum lot area: 21,780 square feet.
(h)
Minimum lot width at building line: 70 feet.
(i)
Minimum street frontage: 25 feet.
(j)
Yard regulations: The builder or developer is urged to consider variations in the principal building position and orientation, but shall observe the following minimum standards:
(k)
Maximum impervious coverage: 30% limit on each lot.
(l)
Maximum height regulations: 35 feet.
(m)
Density determination for Option 1: yield plan approach. The determination of density or maximum number of permitted dwelling units shall be based upon a yield plan. Yield plans shall meet the following requirements:
[1]
Yield plans must be prepared as conceptual layout plans in accordance with the standards of the Subdivision of Land Ordinance,[1] containing proposed lots, streets, rights-of-way, and other pertinent site features. Yield plans must be a realistic layout, based upon a field survey, that meets all zoning district regulations and all bulk and area regulations for the underlying residential district(s) in which the tract is located. The yield plan must reflect a development pattern that could actually be built, delineating the presence of wetlands, floodplains, steep slopes, existing easements or encumbrances and, if unsewered, the suitability of soils for subsurface sewage disposal. When a tract of land has two (or more) underlying zoning designations, according to the Zoning Map of the Township, the yield plan must be designed to the requirements of the underlying zoning for each zone. The yield plan must reflect the developer's plan should the Township choose not to grant the option of conservation zoning and instead require the developer to design the subdivision based upon the conventional zoning in place as reflected in Option 2.
[2]
The dimensional standard of Option 2, conventional zoning, shall be used in the development of a yield plan for Option 1 subdivisions. The yield plan must identify the sites' primary and secondary resources, as identified in the existing resources/site analysis plan (required in the Site Plan Review and Subdivision of Land Ordinances,[2]), and demonstrate that the primary resources could be successfully absorbed in the development process without disturbance.
[3]
On sites not served by central sewage disposal, density shall be further determined by evaluating the number of homes that could be supported by septic systems on conventional lots. Based on the primary and secondary resources, identified as part of the inventory and analysis, and observations made during an on-site visit of the property, the Joint Land Use Board shall select a ten-percent sample of the lots considered to be marginal for on-lot sewage disposal. The applicant shall be required to provide evidence that these lots meet the standards for an individual septic system. Should any of the lots in a sample fail to meet the standard for individual septic system design, those lots shall be deducted from the yield plan and a second ten-percent sample shall be selected by the Joint Land Use Board and tested for compliance. This process shall be repeated until all lots in a given sample meet the standard for an individual septic system design.
[4]
Stormwater management facilities, including, but not limited to, detention and retention basins, shall be included on the yield plan. In no case shall the total area and volume for stormwater management facilities shown on the yield plan be less than that shown at the cluster plan.
(n)
Design standards for Option 1.
[Amended 6-5-2023 by Ord. No. 2023-14]
[1]
House lots shall not encroach upon primary conservation areas as identified in § 203-72, and their layout shall respect secondary conservation areas as described in both the Zoning Ordinance and in the Site Plan and Subdivision Review Ordinances.
[2]
All new dwelling units shall meet the following requirements:
[a]
Minimum setback from all external road rights-of-way: 100 feet.
[b]
Minimum setback from all other tract boundaries: 50 feet.
[c]
Minimum setback from active crop, pasture, preserved land, agricultural land, or from buildings and barnyards housing livestock: 100 feet, with a fifty-foot year-round fully vegetative screen consisting of a mixture of evergreen and deciduous plantings.
[d]
Minimum setback from active recreation areas such as courts or playing fields (not including tot-lots): 150 feet.
[4]
House lots shall be accessed from interior streets, rather than from roads bordering the tract.
(2)
Option 2: conventional lotting. In addition to the above preferred options for subdivision, Option 2, conventional lotting, at a minimum lot size of 87,120 square feet, is also permitted.
(a)
A minimum lot area of 87,120 square feet.
(b)
A minimum lot width of 185 feet.
(c)
A front yard setback of 60 feet.
(d)
A rear yard setback of 50 feet.
(e)
A minimum side yard setback of 25 feet.
(f)
New dwelling setbacks:
[Amended 6-5-2023 by Ord. No. 2023-14]
[1]
From all external road rights-of-way: 100 feet.
[2]
From all other tract boundaries: 50 feet.
[3]
From active crop, pasture, preserved land, agricultural land, or from buildings and barnyards housing livestock: 100 feet, with a fifty-foot year-round fully vegetative screen consisting of a mixture of evergreen and deciduous plantings.
[4]
From active recreation areas such as courts or playing fields (not including tot-lots): 150 feet.
§ 203-41 R-2 Residential District.
[Amended 8-1-2005 by Ord. No. 2005-25; 10-27-2008 by Ord. No. 2008-19; 5-4-2015 by Ord. No. 2015-05; 8-20-2018 by Ord. No. 2018-13]
A.
Intent.
(1)
The intent of the R-2 Residential District is to provide appropriate regulations for the preservation of agriculture, natural resources, scenic vistas and the rural landscape of Woolwich Township, along with the development of single-family detached dwellings and other permitted uses in portions of the Township characterized as rural, regardless of the presence or absence of public sewer or water service. The Township is offering two development options in the R-2 District. Option 1 is encouraged as the means to best maintain the rural character while preserving open space and natural resources in the R-2 District. In conformance with the MLUL, the purposes of Options 1 and 2 are as follows:
(a)
To conserve farmland and open space, including those areas containing farmland, unique and sensitive natural features such as woodlands, steep slopes, streams, floodplains and wetlands, by setting them aside from development;
(b)
To provide greater design flexibility and efficiency in the design of services and infrastructure, including the opportunity to reduce length of roads, utility runs, and the amount of paving required for residential development;
(c)
To reduce erosion and sedimentation by the retention of existing vegetation, and the minimization of development on steep slopes;
(d)
To provide for a diversity of lot sizes and housing choices to accommodate a variety of age and income groups, and residential preferences, so that the community's population diversity will be maintained;
(e)
To implement adopted municipal policies to conserve a variety of irreplaceable and environmentally sensitive resource lands as set forth in the Township's Open Space Plan, including provisions for reasonable incentives to create a greenway system for the benefit of present and future residents;
(f)
To implement adopted land use, transportation and community policies, as identified in the Township's Master Plan;
(g)
To protect areas of the Township's with productive agricultural soils for continued or future agricultural use by conserving blocks of land large enough to allow for efficient farm operations;
(h)
To create neighborhoods with direct visual access to open space, with amenities in the form of neighborhood open space, and with a strong neighborhood identity;
(i)
To provide for the conservation and maintenance of open space within the Township to achieve the above-mentioned purposes and for active and/or passive recreational use by residents;
(j)
To provide options for landowners in order to minimize impacts on farming and environmental resources (sensitive lands such as wetlands, floodplain and step slopes) and disturbance of natural or cultural features such as mature woodlands, hedgerows and tree lines, critical wildlife habitats, historic buildings and fieldstone walls;
(k)
To provide standards reflecting the varying circumstances and interests of individual landowners, and the individual characteristics of their properties; and
(l)
To conserve scenic views and elements of the Township's rural character, and to minimize perceived density, by minimizing views of new development from existing roads.
(2)
In order to achieve these purposes, this section provides for flexibility in designing new residential subdivisions in the R-2 Residential District by allowing one form of conservation zoning based upon the maximum number of DUs (dwelling units) as determined by a conventional zoning "by-right" development:
(a)
Option 1: neutral density and basic conservation, providing for residential uses at the density permitted by the underlying R-2 Zoning District. Greenway lands shall comprise at least half the tract.
(b)
Option 2: conventional lotting. In addition to the above preferred option for subdivision, Option 2, conventional lotting, at a minimum lot size of 1.5 acres, is permitted.
B.
Use regulations.
(1)
Principal uses. In the R-2 District, no building or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used, except for one or more of the following uses: all principal and accessory uses permitted in the 5A District.
(2)
Conditional uses. In the R-2 District, the following uses may be permitted as conditional uses:
(a)
Home occupations as part of a continued existing residential use may occur subject to the criteria governing such home occupations as contained in § 203-60.
(b)
Breweries, distilleries, and wineries subject to the criteria governing such uses as contained in § 203-77.
(c)
Public and private elementary, middle and high schools, subject to the requirements of the minimum lot sizes as established by the New Jersey State Department of Education for school facilities, and subject further to the following:
(d)
Water storage tank or tower, water reservoir, waste or sewer pumping station and water or sewage treatment plant, 400 square feet or greater in size, subject to the following special requirements:
[1]
Project shall be designed to be structurally compatible and in keeping with the architectural character of the neighborhood in which it is to be located.
[2]
Project shall be in keeping with the Master Plan or Utility Master Plan of the Township.
[3]
Project shall conform with yard setbacks for the district in which it is to be located.
(e)
Substation, electric, and gas facilities, and all other public utilities, 400 square feet or greater in size, subject to the following requirements:
(3)
Accessory buildings, including storage sheds, greenhouses, and other outbuildings, shall be subject to the following regulations, which shall supersede the requirements of § 203-59A in this district:
(a)
For lots less than three acres in size, the gross floor area of any individual building shall not exceed 1,500 square feet, and the total size of all accessory buildings shall not exceed 2% of the lot area.
(b)
For lots of three acres or greater in size, the gross floor area of any individual building shall not exceed 2% of the lot area, and the total size of all accessory buildings shall not exceed 4% of the lot area.
(c)
No accessory building shall be located within 10 feet of any side or rear property line.
(d)
No accessory building shall be permitted between the front of the building and the street line.
(e)
Each residential lot shall be allowed no more than two accessory buildings.
(f)
No construction permit shall be issued for the construction of an accessory building prior to the issuance of a construction permit for the construction of the principal building or structure upon the same premises.
(h)
The height of an accessory building shall not exceed 25 feet or the height of the principal building, whichever is less.
C.
Bulk and area regulations. In order to achieve these purposes, this section provides for flexibility in designing new residential subdivisions in the R-2 Residential District by allowing one form of conservation zoning based upon the number of DUs (dwelling units) as determined by the conventional zoning "by-right" development:
Table of Options | |||
|---|---|---|---|
Option Neutral Density/Basic Conservation | Option 2 Conventional Lotting | ||
Density | 65,340 SF/DU maximum gross density | 65,340 SF/DU maximum gross density | |
Lot size minimum with minimum lot width | 21,780 SF 70 feet | 65,340 SF or 1.5 acres 160 feet | |
Open space | 50% | No common open space | |
Yards: | |||
Front | 30 feet | 50 feet | |
Side | 10 feet; 30 feet between buildings | 20 feet | |
Rear | 32 feet | 30 feet | |
Maximum building coverage | NA | 10% | |
Maximum impervious coverage | 30% on each lot | 30% on each lot | |
Maximum building height | 35 feet | 35 feet | |
(1)
Option 1: neutral density and basic conservation, providing for residential uses at the density permitted by the underlying R-2 Zoning District and the following:
(a)
A neutral density/basic conservation development must consist of at least one tract of land without any intervening roads, with each tract containing not less than 10 acres. When a tract of land, less than 10 acres, is contiguous to existing open space and would contribute to the fulfillment of the Township's Open Space Plan, the approving Joint Land Use Board may consider a variance to this provision.
(c)
Minimum required greenway land. The subdivision must include at least 50% of the gross tract area as greenway land. Greenway land shall not be used for residential lots.
(d)
Greenway land shall be devoted to farming conservation, open space, municipal and/or recreational purposes. In no case shall less than 50% of the greenway land area be devoted to upland area.
(e)
Active recreational facilities shall be provided, subject to the review and approval of the Joint Land Use Board. Such recreational facilities may be jointly provided by two or more developers within the R-2 Zone with convenient access to all users, provided that the facility and/or recreational area shall equal the recreational requirements of the participating properties. The location of such recreational facilities shall be carefully planned to provide privacy for the users and to avoid problems of noise, lighting and similar nuisances which might interfere with the use and enjoyment by residents of the development.
(f)
The Joint Land Use Board shall require such grading, drainage, planting, walkways, fencing, roadways, lighting and such other improvements in the greenway land as shall be necessary to enhance the intended open space and recreational uses or accept a contribution in lieu of making such improvements.
(g)
Minimum lot area: 21,780 square feet.
(h)
Minimum lot width at building line: 70 feet.
(i)
Minimum street/frontage: 25 feet.
(j)
Yard regulations. The builder or developer is urged to consider variations in the principal building position and orientation, but shall observe the following minimum standards:
(k)
Maximum impervious coverage: 30% limit on each lot.
(l)
Maximum height regulations: 35 feet.
(m)
Density determination for Option 1: yield plan approach. The determination of density or maximum number of permitted dwelling units shall be based upon a yield plan. Yield plans shall meet the following requirements:
[1]
Yield plans must be prepared as conceptual layout plans in accordance with the standards of the Subdivision of Land Ordinance,[1] containing proposed lots, streets, rights-of-way and other pertinent site features. Yield plans must be a realistic layout, based upon a field survey, that meets all zoning district regulations and all bulk and area regulations for the underlying residential district(s) in which the tract is located. The yield plan must reflect a development pattern that could actually be built, delineating the presence of wetlands, floodplains, steep slopes, existing easements or encumbrances and, if unsewered, the suitability of soils for subsurface sewage disposal. When a tract of land has two (or more) underlying zoning designations according to the Zoning Map of the Township, the yield plan must be designed to the requirements of the underlying zoning for each zone. The yield plan must reflect the developer's plan should the Township choose not to grant the option of conservation zoning and instead require the developer to design the subdivision based upon the conventional zoning in place as reflected in Option 2.
[2]
The dimensional standards of Option 2, conventional zoning, shall be used in the development of yield plan for Option 1 subdivisions. The yield plan must identify the site's primary and secondary resources, as identified in the existing resources/site analysis plan (required in the Site Plan Review and Subdivision of Land Ordinances[2]), and demonstrate that the primary resources could be successfully absorbed in the development process without disturbance.
[3]
On sites not served by central sewage disposal, density shall be further determined by evaluating the number of homes that could be supported by septic systems on conventional lots. Based on the primary and secondary resources, identified as part of the inventory and analysis, and observations made during an on-site visit of the property, the Joint Land Use Board shall select a 10% sample of the lots considered to be marginal for on-lot sewage disposal. The applicant shall be required to provide evidence that these lots meet the standards for an individual septic system. Should any of the lots in a sample fail to meet the standard for individual septic system design, those lots shall be deducted from the yield plan and a second 10% sample shall be selected by the Joint Land Use Board and tested for compliance. This process shall be repeated until all lots in a given sample meet the standard for an individual septic system design.
[4]
Stormwater management facilities, including, but not limited to, detention and retention basins, shall be included on the yield plan. In no case shall the total area and volume for stormwater management facilities shown on the yield plan be less than that shown on the cluster plan.
(n)
Design standards for Option 1.
[Amended 6-5-2023 by Ord. No. 2023-14]
[1]
House lots shall not encroach upon primary conservation areas as identified in § 203-72, and their layout shall respect secondary conservation areas as described in both the Zoning Ordinance and in the Site Plan and Subdivision Review Ordinances.
[2]
All new dwelling units shall meet the following requirements:
[a]
Minimum setback from all external road rights-of-way: 100 feet.
[b]
Minimum setback from active crop, pasture, preserved land, agricultural land, or from buildings and barnyards housing livestock: 100 feet, with a fifty-foot year-round fully vegetative screen consisting of a mixture of evergreen and deciduous plantings.
[c]
Minimum setback from active recreation areas such as courts or playing fields (not including tot-lots): 150 feet.
[4]
House lots shall be accessed from interior streets, rather than from roads bordering the tract.
(2)
Option 2: conventional lotting. In addition to the above preferred option for subdivision, Option 2, conventional lotting, at a minimum lot size of two acres, is also permitted.
[Amended 6-5-2023 by Ord. No. 2023-14]
(a)
A minimum lot area of 65,340 square feet.
(b)
A minimum lot width of 160 feet.
(c)
A front yard setback of 50 feet.
(d)
A rear yard setback of 30 feet.
(e)
A minimum side yard setback of 20 feet.
(f)
New dwelling setbacks:
[1]
From all external road rights-of-way: 100 feet.
[2]
From all other tract boundaries: 50 feet.
[3]
From active crop, pasture, preserved land, agricultural land, or from buildings and barnyards housing livestock: 100 feet, with a fifty-foot year-round fully vegetative screen consisting of a mixture of evergreen and deciduous plantings.
[4]
From active recreation areas such as courts or playing fields (not including tot-lots): 150 feet.
§ 203-42 R-3 Residential District.
[Amended 8-1-2005 by Ord. No. 2005-25; 7-23-2007 by Ord. No. 2007-26; 10-27-2008 by Ord. No. 2008-19]
A.
Intent.
(1)
The intent of the R-3 Residential District is to provide appropriate regulations for the preservation of agriculture, natural resources, scenic vistas and the rural landscape of Woolwich Township, along with the development of moderate-density single-family detached dwellings and other permitted uses in portions of the Township which are located within the existing public sewer service area, as of 2004, but which are not part of any planned unit development. Where public sewer is unavailable, the regulations of the R-2 Residential District shall apply. The Township is offering three development options in the R-3 District. Option 1 is encouraged as the means to best maintain the rural character while preserving open space and natural resources in the R-3 District. In conformance with the MLUL, the purposes of Options 1, 2 and 3 are as follows:
[Amended 5-21-2018 by Ord. No. 2018-07]
(a)
To conserve farmland and open space, including those areas containing unique and sensitive natural features such as woodlands, steep slopes, streams, floodplains and wetlands, by setting them aside from development;
(b)
To provide greater design flexibility and efficiency in the design of services and infrastructure, including the opportunity to reduce length of roads, utility runs, and the amount of paving required for residential development;
(c)
To reduce erosion and sedimentation by the retention of existing vegetation and the minimization of development on steep slopes;
(d)
To provide for a diversity of lot sizes and housing choices to accommodate a variety of age and income groups, and residential preferences, so that the community's population diversity will be maintained;
(e)
To implement adopted municipal policies to conserve a variety of irreplaceable and environmentally sensitive resource lands as set forth in the Township's Open Space Plan, including provisions for reasonable incentives to create a greenway system for the benefit of present and future residents;
(f)
To implement adopted land use, transportation, and community polices, as identified in the Township's Master Plan;
(g)
To protect areas of the Township with productive agricultural soils for continued or future agricultural use, by conserving blocks of land large enough to allow for efficient farm operations;
(h)
To create neighborhoods with direct visual access to open space, with amenities in the form of neighborhood open space, and with a strong neighborhood identity;
(i)
To provide for the conservation and maintenance of open space within the Township to achieve the above-mentioned purposes and for active and/or passive recreational use by residents;
(j)
To provide options for landowners in order to minimize impacts on farming and environmental resources (sensitive lands such as wetlands, floodplains, and steep slopes) and disturbance of natural or cultural features such as mature woodlands, hedgerows and tree lines, critical wildlife habitats, historic buildings, and fieldstone walls;
(k)
To provide standards reflecting the varying circumstances and interests of individual landowners, and the individual characteristics of their properties; and
(l)
To conserve scenic views and elements of the Township's rural character, and to minimized perceived density, by minimizing views of new development from existing roads.
(2)
In order to achieve these purposes, this section provides for flexibility in designing new residential subdivisions in the R-3 Residential District by allowing one form of conservation zoning based upon the maximum number of DUs (dwelling units) as determined by a conventional zoning "by-right" development:
(a)
Option 1: neutral density and basic conservation: providing for residential uses at the density permitted by the underlying R-3 Zoning District. Greenway lands shall comprise at least half the tract.
(b)
Option 2: conventional lotting. In addition to the above preferred options for subdivision, Option 2, conventional lotting, at a minimum lot size of 20,000 square feet, is also permitted.
(c)
Option 3: The underlying density of the parcel would be eliminated and the parcel would serve as a receiving area for a density transfer from the PUD Planned Unit Development District.
[Added 5-21-2018 by Ord. No. 2018-07]
B.
Use regulations.
(1)
Principal uses. In the R-3 District, no building or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used, except for one or more of the following uses: all principal and accessory uses permitted in the 5A District.
(2)
Conditional uses. In the R-3 District, the conditional uses as permitted in the R-1 District are allowed.
(3)
Accessory buildings, including storage sheds, greenhouses, and other outbuildings, shall be subject to the following regulations, which shall supersede the requirements of § 203-59A in this district:
(a)
The gross floor area of any individual building shall not exceed 400 square feet, and the total size of all accessory buildings shall not exceed 2% of the lot area.
(b)
No accessory building shall be located within 10 feet of any side or rear property line.
(c)
No accessory building shall be permitted between the front of the building and the street line.
(d)
No construction permit shall be issued for the construction of an accessory building prior to the issuance of a construction permit for the construction of the principal buildings or structure upon the same premises.
(e)
An accessory building shall not be located in any required buffer area (see § 163-42), certain easements (see § 145-58) and/or drainage right-of-way.
(f)
The height of an accessory building shall not exceed 20 feet or the height of the principal building, whichever is less.
C.
Bulk and area regulations. In order to achieve these purposes, this section provides for flexibility in designing new residential subdivisions in the R-3 Residential District by allowing one form of conservation zoning based upon the number of DUs (dwelling units) as determined by the conventional zoning "by-right" development:
[Amended 5-21-2018 by Ord. No. 2018-07]
Table of Options | ||||
|---|---|---|---|---|
Option Neutral Density/Basic Conservation | Option 2 Conventional Lotting | Option 3 Density Transfer Option | ||
Density | 20,000 SF/DU | 20,000 SF/DU maximum gross density | Not applicable due to density transfer | |
Lot size minimum with minimum lot width | 8,000 SF 60 feet | 20,000 SF 70 feet | 6,500 SF 60 feet | |
Open space | 40% | No common open space | No required common open space | |
Yards: | ||||
Front | 30 feet | 35 feet | 25 feet | |
Side | 10 feet; 20 feet between buildings | 20 feet | 5 feet minimum on one side and a minimum of 15 feet aggregate | |
Rear | 35 feet | 50 feet | 20 feet | |
Maximum building coverage | NA | 15% | 35% | |
Maximum impervious coverage | 40% on each lot | 40% on each lot | Same as the contiguous sections of the PUD District | |
Maximum building height | 35 feet | 35 feet | 35 feet | |
(1)
Option 1: neutral density and basic conservation, providing for residential uses at the density permitted by the underlying R-1 Zoning District and the following:
(a)
A neutral density/basic conservation development must consist of at least one tract of land without intervening roads with each tract of land containing not less than 10 acres. When a tract of land, less than 10 acres in area, is contiguous to existing open space and would contribute to the fulfillment of the Township's Open Space Plan, the approving Joint Land Use Board may consider a variance to this provision.
(b)
Minimum required greenway land. The subdivision must include at least 40% of the gross tract area as greenway land.
(d)
Greenway land shall be devoted to farming conservation, open space, municipal and/or recreational purposes. In no case shall less than 50% of the greenway land area shall be provided to upland area.
(e)
Active recreational facilities shall be provided, subject to the review and approval of the Joint Land Use Board. Such recreational facilities may be jointly provided by two or more developers within the R-3 Zone with convenient access to all users, provided that the facility and/or recreational area shall equal the recreational requirements of the participating properties. The location of such recreational facilities shall be carefully planned to provide privacy for the users and to avoid problems of noise, lighting and similar nuisances which might interfere with their use and enjoyment by residents of the development.
(f)
The Joint Land Use Board shall require such grading, drainage, planting, walkways, fencing, roadways, lighting and such other improvements in the greenway land as shall be necessary to enhance the intended open space and recreational uses or accept a contribution in lieu of making such improvements.
(g)
Minimum lot area: 8,000 square feet.
(h)
Minimum lot width at building line: 60 feet.
(i)
Minimum street frontage: 25 feet.
(j)
Yard regulations. The builder or developer is urged to consider variations in the principal building position and orientation, but shall observe the following minimum standards:
(k)
Maximum impervious coverage: 40% limit on each lot.
(l)
Maximum height regulations: 35 feet.
(m)
Density determination for Option 1: yield plan approach. The determination of density or maximum number of permitted dwelling units shall be based upon a yield plan. Yield plans shall meet the following requirements:
[1]
Yield plans must be prepared as conceptual layout plans in accordance with the standards of the Subdivision of Land Ordinance,[1] containing proposed lots, streets, rights-of-way, and other pertinent site features. Yield plans must be a realistic layout, based upon a field survey, that meets all zoning district regulations and bulk and area regulations for the underlying residential district(s) in which the tract is located. The yield plan must reflect a development pattern that could actually be built, delineating the presence of wetlands, floodplains, steep slopes, existing easements or encumbrances and, if unsewered, the suitability of soils for subsurface sewage disposal. When a tract of land has two (or more) underlying zoning designations according to the Zoning Map of the Township, the yield plan must be designed to the requirements of the underlying zoning for each zone. The yield plan must reflect the developer's plan should the Township choose not to grant the option of conservation zoning and instead require the developer to design the subdivision based upon the conventional zoning in place as reflected in Option 2.
[2]
The dimensional standards of Option 2, conventional zoning, shall be used in the development of yield plans for Option 1 subdivisions. The yield plan must identify the site's primary and secondary resources, as identified in the existing resources/site analysis plan (required in the Site Plan Review and Subdivision of Land Ordinances[2]), and demonstrate that the primary resources could be successfully absorbed in the development process without disturbance.
[3]
On sites not served by central sewage disposal, as stated above, R-2 zoning applies.
[4]
Stormwater management facilities, including, but not limited to, detention and retention basins, shall be included on the yield plan. In no case shall the total area and volume for stormwater management facilities shown on the yield plan be less than that shown on the cluster plan.
(n)
Design standards for Option 1.
[Amended 6-5-2023 by Ord. No. 2023-14]
[1]
House lots shall not encroach upon primary conservation areas as identified in § 203-72, and their layout shall respect secondary conservation areas as described in both the Zoning Ordinance and in the Site Plan and Subdivision Review Ordinances.
[2]
All new dwelling units shall meet the following setback requirements:
[a]
Minimum setback from all external road rights-of-way: 60 feet.
[b]
Minimum setback from all other tract boundaries: 25 feet.
[c]
Minimum setback from active crop, pasture, preserved land, agricultural land, or from buildings and barnyards housing livestock: 100 feet, with a fifty-foot year-round fully vegetative screen consisting of a mixture of evergreen and deciduous plantings.
[d]
Minimum setback from active recreation areas such as courts or playing fields (not including tot-lots): 150 feet.
[4]
House lots shall be accessed from interior streets, rather than from roads bordering the tract.
(2)
Option 2: conventional lotting. In addition to the above preferred option for subdivision, Option 2, conventional lotting, at a minimum lot size of 20,000 square feet, is also permitted.
(a)
A minimum lot area of 20,000 square feet.
(b)
A minimum lot width of 100 feet.
(c)
A front yard setback of 35 feet.
(d)
A rear yard setback of 25 feet.
(e)
Minimum side yard setbacks of 15 feet.
(f)
New dwelling setbacks:
[Amended 6-5-2023 by Ord. No. 2023-14]
[1]
From all external road rights-of-way: 60 feet.
[2]
From all other tract boundaries: 25 feet.
[3]
From active crop, pasture, preserved land, agricultural land, or from buildings and barnyards housing livestock: 100 feet, with a fifty-foot year-round fully vegetative screen consisting of a mixture of evergreen and deciduous plantings.
[4]
From active recreation areas such as courts or playing fields (not including tot-lots): 100 feet.
(3)
Option 3: PUD Density Transfer Option. Any parcel with a minimum acreage of 25 acres bounded on three sides by portions of the Weatherby PUD Planned Unit Development District and not within the Weatherby General Development Plan shall be eligible for the density transfer option (eligible parcel). Under this option, single-family detached dwellings shall be the permitted use subject to the bulk and area regulations of § 203-45C.
(a)
The density transfer required to enable this development option shall be achieved by shifting a portion of the units permitted by the Weatherby PUD to an eligible parcel outside the boundaries of the PUD.
(b)
The combined development of the parcel receiving the density transfer and the Weatherby PUD shall not exceed the 4,500 residential units authorized by the existing Weatherby General Development Plan approval.
(c)
The development impacts for the eligible parcels shall be managed through the mechanisms otherwise applied to the Weatherby development although the eligible parcels shall not be included within or subject to the General Development Plan approval.
(d)
The zoning requirements and conditions of the R-3 District applicable to properties developed under Options 1 and 2 shall not be applicable to parcels developed under Option 3.
§ 203-43 CON Conservation District.
[Amended 8-20-2018 by Ord. No. 2018-13]
The intent in establishing the Conservation District is to recognize and maintain the environmentally sensitive lands, open space, and animal habitats by limiting development in these zoned areas.
A.
Use regulations.
(1)
Principal uses. In the Conservation District, no building or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used, except for one or more of the following uses:
B.
C.
Special requirements.
(1)
No parking of any vehicle shall be permitted upon any roads or streets within the district.
(2)
No junk cars or abandoned vehicles shall be stored or permitted upon any lot, road or street.
(3)
Removal of topsoil from any lot is prohibited.
(4)
Accessory buildings, including storage sheds, greenhouses, and other outbuildings, shall be subject to the following regulations, which shall supersede the requirements of § 203-59A in this district.
(a)
The gross floor area of any building shall not exceed 2% of the lot area, and the total size of all accessory buildings shall not exceed 4% of the lot area.
(b)
No accessory building shall be located within 15 feet of any side or rear property line.
(c)
No accessory building shall be permitted between the building line and the street line.
(d)
The height of an accessory building shall not exceed 25 feet or the height of the principal building, whichever is less.
§ 203-44 (Reserved) [1]
[1]
Editor's Note: Former § 203-44, PAC Planned Adult Community, was repealed 6-5-2023 by Ord. No. 2023-15.
§ 203-45 PUD Planned Unit Development District.
[Amended 6-7-2010 by Ord. No. 2010-14; 7-19-2010 by Ord. No. 2010-16; 8-20-2018 by Ord. No. 2018-13]
A.
Intent.
(1)
The PUD Planned Unit Development District is specifically designed to implement the intent and purpose of the general development plan as approved in 1998 by the Planning Board for the Weatherby Planned Unit Development. It provides for a mixture of dwelling types as well as nonresidential uses, which are defined within the Weatherby Commercial Zoning Overlay. This overlay is intended to apply to the area designated as "town center" within the Weatherby General Development Plan. This area is expected to provide opportunities for community-level rather than regional commercial uses, serving the needs of Weatherby and nearby neighborhoods. It is also intended to apply to certain out-parcels that are adjacent to, but not part of, the Weatherby Planned Unit Development. It is recognized that the exact location of the commercial overlay may be adjusted, with the approval of the Planning Board, and the applicability of the overlay to out-parcels is intended to be flexible as the boundaries of the commercial overlay within Weatherby are adjusted.
(2)
It is the further intent of this article to promote the long-term health, safety and welfare of the public by promoting greater variety and flexibility in the uses permitted within a development than would otherwise be permitted under any one designation permitted under this chapter and to advance the principles of smart growth. The Township Committee finds that such variety and flexibility will accomplish comparatively greater benefits to residential and nonresidential users, the natural environment and public services and facilities. A planned development is intended to permit the development of a balanced community comprised of residential uses and, under certain circumstances, nonresidential uses, with a range of densities, recreational facilities and related uses, while preserving a significant amount of public and common open space. It is intended that planned developments will encourage the consolidation of residential and nonresidential development in sectors of the Township where existing or anticipated roads and utility services can best accommodate development and will offer increased design flexibility in order that entire parcels of land may be developed in a comprehensive manner and sequence throughout the life of the development. This district is intended to achieve the following public objectives:
(a)
To offer a variety of housing types.
(b)
To preserve and enhance open space and natural resources of all types, for both passive and active recreation purposes.
(c)
To permit a greater mixture of compatible residential and nonresidential land uses in areas designated by the Weatherby General Development Plan approval.
(d)
To promote creativity and innovation in the design process.
(e)
To create opportunities for efficient creation of infrastructure and utilities by means of clustering of development, careful site planning and construction phasing, and attaining market economies of scale in project size.
(f)
To minimize traffic impacts through the implementation and development of appropriate design standards as required by specific on-site conditions.
(g)
To insure permanent buffering from other land uses and development abutting the site.
(3)
Due consideration shall be given in the design of all planned unit developments to each constituent element of an open space system, including environmentally and ecologically sensitive areas, usable open space, other common areas, special scenic amenities and views from the road. To the greatest extent possible, dwellings and other buildings and structures should be placed in tight clusters set in the distance beyond expanses of open fields and visually softened by surrounding trees and plantings.
B.
Use regulations.
(1)
Residential uses.
(a)
A maximum of 4,500 dwelling units shall be permitted, as specified in the Weatherby General Development Plan. These uses may include single-family detached dwellings, duplex, triplex and zero-lot line dwellings, multifamily dwellings and townhouses (patio homes).
(b)
Ten percent of these units shall be provided as age-restricted dwellings, with occupancy limited to households in which at least one member of the household is age 55 or older and in which no members are age 18 or younger.
(c)
Residential uses shall be provided in strict conformity with the Weatherby General Development Plan although the location of residential subdivisions may be altered upon approval of the Planning Board, and provided further that the total number of permitted dwelling units is not increased.
(d)
A minimum of 101 affordable housing units shall be constructed, as specified in the Weatherby General Development Plan. All such units must be affordable to low- and moderate-income households in accordance with the income and bedroom mixes established in the regulations of the Council of Affordable Housing that were in effect at the time of general development plan approval. The affordable units shall also be subject to all other regulations of the Council on Affordable Housing including controls on affordability, affirmative marketing, and monitoring.
(e)
Agricultural activities may be maintained in all or part of any lands, including required open space, within the Weatherby PUD.
(f)
Recreation facilities, including but not limited to swimming pools, tennis courts and similar facilities for the use of the residents of the development and the Township. Recreation facilities may include a multipurpose community building in any development.
(g)
Necessary public utilities and services.
(h)
Accessory uses and accessory buildings customarily incidental to the above use.
(2)
Nonresidential uses.
(a)
Nonresidential uses on land owned by Summit Ventures or its successors and shall be generally located within the areas designated as the Weatherby Commercial Overlay and the town center area shown in the Weatherby General Development Plan.
(b)
The specific boundaries of the Weatherby Commercial Overlay may be adjusted, with the approval of the Planning Board, provided that the total acreage provided for in the GDP is not exceeded.
(c)
Where out-parcels or groups of out-parcel land, not owned by Summit Ventures or its successors, are surrounded by the Weatherby Commercial Overlay on a minimum of three sides, or on two sides in the case of a corner property, the provisions of the commercial overlay shall be applicable to said parcels. This benefit runs exclusively with the location of the Weatherby Commercial Overlay and shall be controlled by any adjustment to the boundaries of the Weatherby Commercial Overlay, as approved by the Planning Board.
(d)
Within the Weatherby Commercial Overlay, one or more of the following uses are permitted:
[1]
Offices for administrative, executive, professional, business sales and similar uses, the normal attributes of which do not involve the storage, exchange or delivery of merchandise on the premises, except as permitted herein. Within an individual office building, up to 10% of the gross floor area may be devoted to supporting commercial enterprises that are intended primarily for the convenience of those working in the building, provided that such uses are accessed only from within the office building. Such uses may include convenience stores, eating establishments, food specialty stores, branch banks and newsstands.
[2]
Medical and dental clinic.
[3]
Retail sales and services, including newspapers, gifts, novelties, tobacco products, drugs, food, clothing, spirits, confections, florist items, books and specialty merchandise, including convenience stores and supermarkets.
[Amended 4-6-2020 by Ord. No. 2020-07; 5-18-2020 by Ord. No. 2020-10]
[4]
Personal service businesses, such as insurance, travel and banking.
[5]
Restaurants and fast-food restaurants.
[6]
Hotels.
[7]
Theaters for motion pictures or live performances.
[8]
Public transportation stations and shelters.
[9]
Single-family detached dwellings, single-family semidetached, single-family attached, single-family and multifamily dwellings.
[10]
Parks, playgrounds, tot-lots and open spaces.
[11]
Public and commercial garages.
[12]
Amusement, recreation and leisure uses.
[13]
Funeral homes and mortuaries.
[14]
Shopping centers.
[15]
Convenience and community commercial facilities.
[16]
Accessory uses and accessory buildings incidental to the above permitted principal uses.
[17]
Agriculture and horticulture, including farm markets located on and operated in conjunction with farm property qualifying for farmland assessment.
[18]
Any use of the same general character as the above permitted uses.
(e)
The following are permitted as conditional uses:
[2]
Public libraries and museums subject to:
[a]
Location of access driveways, landscaping and site plan design are compatible with the neighborhood in which it is to be located.
[b]
No building or part thereof or any parking or loading area shall be located nearer than 50 feet to any street line or lot line.
[c]
A site plan in accordance with the Woolwich Township site plan requirements submitted to the Planning Board pursuant to its conditional use review authority (N.J.S.A. 40:55D-67).
[3]
Church or other place of worship subject to:
[a]
Location of access driveways, landscaping and site plan design being compatible with the neighborhood in which it is to be located.
[b]
No building or part thereof or any parking or loading area shall be located nearer than 50 feet to any street line or lot line.
[c]
A parish house, rectory or parsonage, which shall conform to the requirements for a single-family, detached dwelling.
[d]
A site plan in accordance with the Woolwich Township site plan requirements submitted to the Planning Board pursuant to its conditional use review authority (N.J.S.A. 40:55D-67).
[e]
Sewerage disposal and water supply facilities in accordance with all relevant requirements of the New Jersey Department of Environmental Protection and the Gloucester County Health Department codes. This requirement shall apply to all proposed methods, including joint or individual septic systems, on-lot package treatment plants, joint or individual groundwater supply, connection by special permission to public systems outside of the Township or to public systems, etc.
[4]
Utility facilities, including telephone, water, sewer, electricity and gas 400 square feet or greater in size pursuant to the following:
[a]
Project is designed to be structurally compatible and in keeping with the architectural character of the neighborhood in which it is to be located.
[b]
Project is in keeping with the Master Plan or Utility Master Plan of the Township.
[c]
Project conforms with yard setbacks for the district in which it is to be located.
[e]
Substation, electric and gas facilities, and all other public utilities, 400 square feet or greater in size, subject to the following requirements:
[i]
No storage of materials and trucks and no repair facilities or housing of repair crews, except within completely enclosed buildings.
[f]
Transmission lines, transmitting and receiving antennae or aerials, subject to the following special requirements:
[6]
Accessory uses and accessory buildings customarily incidental to the above use.
(g)
Mixed uses within the same building. In any planned unit development, residential and nonresidential uses shall be permitted within the same structure, provided that the first floor is entirely devoted to nonresidential uses and the percentage of gross floor area within the entire structure devoted to residential uses does not exceed 75%. Residential and nonresidential uses shall not be permitted on the same floor of a building unless such uses are:
C.
Bulk and area regulations.
(1)
Single-family detached dwellings.
(4)
Multifamily apartment buildings.
(a)
A fifty-foot perimeter setback from public streets and property lines shall be required on all sides of the apartment portion of the development. This perimeter setback shall be occupied by a thirty-five-foot landscaped buffer, as provided for by §§ 203-68 and 203-69, and shall not be encroached upon by any accessory buildings or structure, other than fences and walls, or by any off-street parking or loading facility.
(c)
Maximum building height: 35 feet.
(5)
Townhouses.
(a)
Minimum lot size: 2,100 square feet.
(b)
Minimum lot width: 20 feet.
(d)
Maximum building height: 35 feet.
(e)
Access. The planned unit development shall have direct access to a state or federal highway or a road identified as a county road on the Gloucester County Official Map or a road identified as an arterial or major collector road on an official municipal map.
(f)
Public water and public sewer shall be required for all development within the planned unit development and in adjacent areas covered by the Weatherby Commercial Overlay. All development within the PUD District shall be connected to public sewer and water systems, and said connection shall be mandatory if public sewer and water lines exist within 500 linear feet of the closest lot line. In the event that public sewer and water is unavailable within a distance of 500 feet from the tract boundary, the lot shall be developed in accordance with the standards found in the R-2 Residence District.
(g)
Common open space and required public facilities shall be provided as required by the Weatherby General Development Plan.
(h)
The schedule of development shall be as specified in the Weatherby General Development Plan.
(i)
The developer is encouraged to review its development schedule with the Planning Board annually and may from time to time request modifications to the development schedule. The Planning Board shall hear all requests for amendments to the development schedule and may waive or modify any portion of the schedule if, in the Board's opinion, the developer has demonstrated that, due to local market or general economic conditions, strict adherence to the schedule would result in an undue economic burden on the development.
(j)
Open space dedication for sensitive areas. Designated on-site sensitive areas, consisting of statutory wetlands, surface water and floodplains, shall be required to be protected in perpetuity. Said requirements shall be satisfied by any of the following means:
[1]
Dedication to and acceptance by the municipality, but the municipality is under no duty or obligation to accept such a dedication.
[2]
Dedication to and acceptance by the state, county or to a duly constituted conservation trust, if they so choose to accept.
[3]
Creation, approval and recording of conservation easements on the development plans that are coterminous with, or encompassing of, the sensitive areas, in addition to which there shall be placed upon the deed reciprocal covenants or restrictions as a further measure of protection.
§ 203-46 FOC Flexible Office Commercial District.
The FOC Flexible Office Commercial District is designed to encourage more intensive nonresidential uses along the Route 322 corridor that adhere to strong design standards and in which planned, innovative and integrated development is encouraged. A flexible mix of permitted uses is allowed, including, office, light industrial, and warehouse/distribution uses, subject to locational standards found in this article.
A.
Use regulations.
(1)
Principal uses. In the FOC District, no building or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used, except for one or more of the following uses:
(b)
Offices for administrative, executive, professional, business sales and similar uses.
(c)
Banks and other financial institutions.
(d)
Recreation facilities.
(e)
Business and household service uses including repair shops for business equipment, appliances, and the shops of tradesmen such as plumbers and electricians.
(f)
Warehouse and distribution uses, provided that they are located at least 400 feet from the right-of-way of U.S. Route 322.
(g)
Light manufacturing and assembly operations, provided that they are located at least 400 feet from the right-of-way of U.S. Route 322.
(h)
Public transportation stations and shelters.
(i)
Agriculture and horticulture, including farm markets.
(j)
Breweries, distilleries, and wineries.
(3)
Conditional uses. In the FOC District, the following uses may be permitted as conditional uses:
(c)
Public libraries and museums subject to the following conditions:
[1]
Location of access driveways, landscaping and site plan design being compatible with the neighborhood in which it is to be located.
[2]
No building or part thereof or any parking or loading area shall be located nearer than 50 feet to any street line or lot line.
[3]
A site plan in accordance with the Woolwich Township site plan requirements submitted to the Planning Board pursuant to its conditional use review authority (N.J.S.A. 40:55D-67).
(d)
Utility facilities, including telephone, water, sewer, electricity and gas 400 square feet or greater in size pursuant to the requirements of § 203-39A(2)(e) and (f).
B.
Bulk and area regulations. Bulk standards are designed to encourage the consolidation of smaller lots into larger tracts and to promote integrated, planned development. Accordingly, bulk and area standards are more restrictive for smaller parcels than for larger tracts, and all area and bulk standards are controlled by the minimum lot areas.
(1)
Minimum lot size: four acres, 10 acres, 25 acres.
(2)
Minimum lot width: 350 feet, 500 feet, 1,000 feet.
(4)
Maximum building coverage: 10%, 12%, 15%.
(5)
Maximum floor area ratio: 0.10, 0.12, 0.15.
(6)
Maximum impervious coverage: 50%, 60%, 70%.
(7)
Maximum building height, exclusive of parapet walls: 25 feet, 40 feet, 40 feet.
C.
Site development requirements. All proposed development shall comply with the applicable regulations set forth in Article VII of this chapter, Chapter 149, Site Plan Review, and Chapter 163, Subdivision of Land, and the following requirements:
[Amended 5-4-2015 by Ord. No. 2015-05]
(2)
Industrial parks and office parks may have more than one freestanding principal building on a lot, more than one principal permitted or conditional use on a lot and more than one principal permitted or conditional use in a building, provided that:
(3)
Along both principal and secondary frontage in a proposed development, it is required that, at a minimum, sidewalks and street trees be installed in accordance with municipal specifications and of an appropriate and acceptable nature to the Planning Board. In the event that such facilities are already present or are otherwise to be provided, the Planning Board may require provision of other reasonable amenities related to the establishment or improvement of a streetscape environment. In all cases, provision of streetscape amenities that are beyond and in addition to sidewalks and street trees (such as benches, grass strips, planters, statues and other street furniture) shall be encouraged, subject to Planning Board approval.
(4)
Where a development in the FOC District abuts any residential district, special buffering improvements shall be mandatory within required rear and/or side setbacks on the site. Said improvements shall be designed so as to significantly reduce visibility, noise, litter and (unlimited) pedestrian access and shall consist of combinations of any of the following, at the discretion of the Planning Board, as needed: dense plantings, including hedges, coniferous or broad-leaf evergreens; oversized earth berms; visually impermeable fences or walls; retention of natural vegetation; and retention of natural topographic features and watercourses. Buffers shall be in accordance with §§ 203-68 and 203-69. Buffers may occur in required yard areas, but the applicant's desire to place parking or drive aisles within the required buffer area shall not constitute grounds for zoning relief from this requirement.
(5)
All development in the FOC District shall be connected to public sewer and water systems when practical, and said connection shall be mandatory if public sewer and water lines exist within 500 linear feet of the closest lot line. In the event that public sewer and water is unavailable within a distance of 500 feet from the edge of the tract boundary closest to the available utility in question, a maximum lot coverage of 50% of the amount otherwise authorized by § 203-46B(5) shall be permitted.
(6)
New or upgraded public roadways shall meet local engineering/design standards and be dedicated to the municipality or other appropriate governmental jurisdiction. On-site driveways may be designated as site service drives and may be exempted from the preceding requirements, unless they are judged to carry volumes sufficient for the Planning Board to request their designation as public streets in accordance with Article VII, § 203-65. Curbing shall be required and curb cuts shall be designed so as to limit vehicular access in accordance with proper traffic engineering principles and the New Jersey Highway Access Code and, in doing so, promote traffic safety and efficiency of flow.
(7)
All parking areas and walkways shall be adequately illuminated for security and safety purposes. The lighting plan in and around the parking areas shall provide for non-glare lights focused downward. All lighting shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties, traffic safety and overhead sky glow. The objective is to minimize undesirable off-premises effects.
(8)
All rights-of-way as required by the Woolwich Township Master Plan, by the County of Gloucester, or by the New Jersey Department of Transportation (as applicable) shall be offered for dedication at the time of site plan application.
(9)
Parking and loading. Parking and loading spaces shall be provided in accordance with the regulations set forth in Article IX of this chapter provided, however, that no parking shall be permitted in any required front yard. When adjacent to any residential use, loading areas shall be screened with walls to obscure their view from the adjacent lot.
D.
Kingsway Town Center and Commercial Overlay Districts.
[Added 12-20-2004 by Ord. No. 2004-02]
(1)
Intent.
(a)
It is the intent of this subsection to establish an area within the FOC Zoning District where the most intensive commercial shopping centers and office campuses can be concentrated, so that the resulting potential for congestion can be more effectively controlled by limiting their location to a carefully regulated area in close proximity to the interchange of U.S. Highway 322 and Interchange 2 of the New Jersey Turnpike. Two such areas are identified on the Zoning Map as the Kingsway Commercial Overlay and the Kingsway Town Center Overlay.
(b)
The Kingsway Town Center is subject to special regulations designed to encourage the creation of a pedestrian-oriented central area within the Township that contains an integrated mix of retail, office, and entertainment uses that can serve as a community focal point. The Kingsway Town Center will encourage innovative planning techniques, which will facilitate higher quality development that is consistent with the recommendations in the Woolwich Township Master Plan.
(c)
The Kingsway Commercial Overlay is intended for higher-intensity retail, commercial and office uses that are more oriented to customers, clients and employees who will arrive by automobile and who are not expected to walk to a significant number of other destinations within the development.
(d)
It is the goal of both component overlay areas to provide incentives in the form of increased building coverage, increased impervious coverage and increased floor area ratio to encourage the implementation of the Township Master Plan and a conceptual "bubble diagram-style" site plan submitted for the Kingsway Town Center and Commercial Overlays as part of a settlement agreement between Woolwich Township and Woolwich Adult LLC.
(e)
Kingsway Commercial and Town Center Overlays will encourage a unified architectural and building scheme within each section of the development, pedestrian-oriented walkways connecting buildings within each section of the development, unified landscaping and signage, coordinated storm drainage, and common open space areas. Special regulations shall be mandated to create the desired visual and practical results.
(f)
The provisions of the Kingsway Commercial and Town Center Overlays shall apply only to those areas that are designated as such on the Zoning Map which meet the minimum tract area standard of this subsection.
(2)
Use regulations.
(a)
Principal uses. In the Kingsway Commercial Overlay and the Kingsway Town Center Overlay, no building or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used except for one or more of the following uses, and in no case shall any commercial or retail use be permitted in any area designated for off-street parking or loading on the approved site plan:
[Amended 5-4-2015 by Ord. No. 2015-05]
[1]
Retail sales and services, including but not limited to supermarkets, wholesale clubs, lumber, hardware and garden centers, convenience stores, the sale of a full range of retail merchandise, exclusive of automobile products, except when accessory to a retail store with a gross floor area of 75,000 square feet or more, and related uses without limitation;
[2]
Offices for administrative, executive, professional, business sales, government offices and similar uses, provided that the use does not occur on the first floor portion of a building within the Town Center Overlay;
[3]
Personal service businesses, including hair salons, tanning salons, nail salons, dry cleaning outlets, dressmaking or tailor shops, shoe repair shops and related uses, except for tattoo studios and body piercing establishments;
[4]
Outpatient medical, rehabilitation or dental facilities, provided that the use does not occur on the first floor portion of a building within the Town Center Overlay;
[5]
Banks and other financial institutions, including drive-in facilities;
[6]
Restaurants, eating and drinking establishments located inside and outside and fast-food restaurants without limitation;
[7]
Theaters for motion pictures and live performances;
[8]
Amusement, recreation and leisure uses not otherwise prohibited;
[9]
Shopping centers;
[10]
Bakeries, confectioners, health clubs, dance and exercise studios;
[11]
Hotels, motels, conference centers, bed-and-breakfasts, and inns;
[12]
Day-care establishments for children and adults;
[13]
Public and private elementary, middle and high schools, subject to the requirements of the minimum lot sizes as established by the New Jersey State Department of Education for school facilities, provided that the use is not permitted in the Kingsway Town Center Overlay and subject further to the following:
[14]
Funeral homes and mortuaries, provided that the use is not permitted in the Kingsway Town Center Overlay;
[15]
Billboards, provided that the use is not permitted in the Kingsway Towns Center Overlay; that they are designed and constructed so that they may be viewed from the New Jersey Turnpike; and that they are not located within 750 feet of any other billboard;
[16]
Public transportation stations and shelters;
[17]
Agriculture and horticulture, including farm markets;
[18]
Accessory uses and accessory buildings incidental to the above permitted principal uses;
(b)
Conditional uses. In the Kingsway Commercial or Town Center Overlay Districts, the following uses may be permitted as conditional uses:
[2]
Public libraries and museums, subject to:
[a]
Location of access driveways, landscaping and site plan design being compatible with the neighborhood in which it is to be located.
[b]
No building or part thereof or any parking or loading area shall be located nearer than 35 feet to any street line or lot line.
[c]
A site plan in accordance with the Woolwich Township site plan requirements submitted to the Planning Board pursuant to its conditional use review authority (N.J.S.A. 40:55D-67).
[3]
Church or other place of worship subject to:
[a]
Location of access driveways, landscaping and site plan design being compatible with the neighborhood in which it is to be located.
[b]
No building or part therefor or any parking or loading area shall be located nearer than 35 feet to any street line or lot line.
[c]
A parish house, rectory or parsonage which shall conform to the requirements for a single-family detached dwelling.
[d]
A site plan in accordance with Woolwich Township site plan requirements submitted to the Planning Board pursuant to its conditional use review authority (N.J.S.A. 40:55D-67).
[4]
Utility facilities, including telephone, water, sewer, electricity and gas, 400 square feet or greater in size, pursuant to the requirements of § 203-40A(2)(e) and (f).
(3)
Bulk and area regulations. No waivers or variances shall be required to create a financial subdivision. A lot within a larger planned development may be subdivided and conveyed to an entity separate from the owner of the planned development, provided that the entire planned development is operated as a uniform development and is subject to reciprocal cross easements controlling access, parking, common area maintenance and the like. In the FOC District bulk standards are designed to encourage the consolidation of smaller lots into larger tracts and to promote integrated, planned development. The same concept applies to the Kingsway Commercial Overlay and to the Kingsway Town Center and the following standards shall apply in the overlays:
(a)
Minimum tract area, including the combined area of lands within both the Kingsway Commercial and Town Center Overlays: 100 acres.
(b)
Standards for retail or shopping center development in the Kingsway Commercial Overlay.
[1]
Minimum lot area: 25 acres.
[4]
Maximum floor area ratio: 0.20.
[6]
Maximum building coverage: 0.20.
[7]
Maximum impervious coverage: 0.80.
[8]
Maximum building height; exclusive of parapet walls not exceeding a height of five feet: 42 feet.
(c)
Standards for office parks in the Kingsway Commercial Overlay:
[1]
Minimum lot area: four acres.
[2]
Minimum aggregate street frontage: 200 feet.
[4]
Maximum floor area ratio: 0.25.
[5]
Maximum total gross floor area (square feet): 1,034,550.
[6]
Maximum building coverage: 0.25.
[7]
Maximum impervious coverage: 0.80.
[8]
Maximum building height, exclusive of parapet walls not exceeding a height of five feet: 60 feet.
(d)
Standards for the Kingsway Town Center Overlay:
[1]
Minimum lot area: 25 acres.
[2]
Minimum aggregate street frontage: 200 feet.
[4]
Maximum floor area ratio: 0.25.
[5]
Maximum total gross floor area (square feet): 718,740.
[6]
Maximum building coverage, exclusive of outdoor sales areas not enclosed within a building: 0.25.
[7]
Maximum impervious coverage: 0.80.
[8]
Maximum building height, exclusive of parapet walls not exceeding a height of five feet: 60 feet.
[9]
Special design standards applicable to the Kingsway Town Center Overlay:
[a]
The Kingsway Town Center shall not require yard setbacks in the traditional sense. Building setbacks and buffers shall instead be regulated from adjacent uses, streets and parking areas.
[b]
No setback is required from adjacent buildings, but when provided, buildings shall have a minimum separation of 25 feet.
[c]
Buildings shall be set back from contiguous adjacent lots by streets or a landscaped buffer, as herein defined, as shown on the approved general development plan or on a subsequent approved preliminary and final site plan.
[d]
Buildings shall be set back from US Route 322 by a landscaped buffer and screen, as herein defined, not less than 35 feet in width. The buffer shall be continuous, except for sidewalks, driveway and road crossings, and permitted signage. No surface parking lots shall be permitted between the buildings and this landscaped area.
[e]
Buildings shall be set back from any interior road as shown on the approved general development plan or on a subsequent approved preliminary and final site plan. The area between the building and the street shall be occupied by sidewalks, landscaping, including street trees, plazas, street furniture, lighting and permitted signage only.
(4)
Landscaping and buffers shall be in accordance with §§ 203-68 and 203-69; provided, however, that the applicant shall have the option of planting street and shade trees at an initial caliper of two inches to 2 1/2 inches in return for providing 1.5 times the quantity of trees otherwise required. All other landscaping requirements of the Township Code, including compensatory plantings, shall be applicable, excepting only facade plantings as modified above.
(5)
In the event of a conflict between the maximum permitted impervious coverage and requirements of this subsection for landscaping off-street parking and loading and for vehicular and pedestrian circulation ways; the standards for landscaping, off-street parking and loading, and vehicular and pedestrian circulation shall take precedent over the standards for impervious coverage.
(6)
When parking structures are utilized, the height of the structure shall not exceed the height of the building that it is designed to serve, provided that said structure is not located within 100 feet of any street frontage.
(7)
Every development in the Town Center shall provide the following:
(a)
Pedestrian and vehicular connections with adjacent properties, to facilitate circulation.
(b)
A reduction in the number of curb cuts onto existing streets to the greatest extent practical, consistent with the principles of highway safety.
(c)
All developments shall be constructed in a uniformed architectural and building scheme and shall provide a unified landscaping and signage plan.
(d)
A coordinated storm drainage and common space plan shall be submitted and maintained by the landowner.
(e)
All uses in this district shall be subject to the design standards contained in § 203-49. In addition, the design of the development shall place particular emphasis upon pedestrian circulation and aesthetics, including integrated architecture, landscaping and screening so as to ensure cohesive development. Mixed use buildings are permitted. The design shall be governed by the following criteria:
[1]
Architectural style of the development shall be designed to avoid the massive scale and uniform impersonal appearances of a "big box" commercial center through facade ornamentation, building offsets, window treatments, variation in rooflines, entry treatments and building materials.
[2]
First floor activities that promote multiple pedestrian destinations, such as retail, restaurant, banking and entertainment uses, are to be encouraged.
(f)
All interior roads and collector drive aisles shall he private. When a zero building setback from the street is implemented, said private streets are required to have an effective cartway width of a minimum of 24 feet. When on-street parking is proposed, an additional ten-foot width will be added to the cartway for each side of the street containing on-street parking. Sidewalks, street trees and other required landscaping shall be provided outside of this cartway.
(g)
Buildings shall be sited to form a progression of pedestrian-oriented open spaces, or promenades, with visual as well as pedestrian connections between such spaces. Vehicular circulation is permitted through these spaces, as is limited on-street parking. Parking lots are not permitted in these pedestrian areas and shall be screened by buildings or landscaping. Open air or enclosed pedestrian-oriented spaces shall act as connecters of buildings and shall contain such amenities as benches, water features, fountains, opportunities for entertainment, and seating areas to provide a sense of place and orientation for its users.
(h)
The following additional design standards shall be required:
[1]
The project shall strive to achieve the goal of a pedestrian-oriented village.
[2]
Loading facilities shall be provided in a manner that is not visually or functionally obtrusive to patrons using the parking areas.
[3]
One or more squares or plazas shall be provided, which are meant to identify places where people would congregate. Such places should he designed and built as a park or gathering place, marked with special pavements, shade trees, benches and other pedestrian amenities approved by the Township. The squares or plazas shall be the design focus of the development.
[4]
Walkways shall be provided as follows:
[a]
Walkways, not less than six feet in width, shall be provided along any building facade that is adjacent to a parking area or that adjoins a connecting passageway from a parking area to the pedestrian-oriented open space and walkways of not less than 10 feet shall be provided along any building facade that contains a main pedestrian entrance to the building.
§ 203-47 I-C Cemetery District. [1]
[Added 5-17-2010 by Ord. No. 2010-10]
A.
Purpose. The intent of the I-C Cemetery District is to provide appropriate regulations to maximize and efficiently use land for the interment of human remains and related services, and to harmonize and blend the appearance of cemeteries with adjoining districts.
B.
Use.
(1)
Principal use. Within the I-C District, all functions, buildings, and structures used for or associated with the interment of human remains and related services and purposes are permitted. The following functions, buildings, and structures are specifically permitted:
(d)
Mausoleums: provide aboveground interment of human remains.
(e)
Columbaria: provide for interment of ashes of human remains.
(f)
Grounds burials: provide belowground interment of human remains.
(h)
Spoils pit/trash enclosure: limited to compostable materials and safe (tested) soil; it is specifically not intended to be a dump.
(2)
The use of property for the interment of human remains and related services is not limited to the functions, buildings, or structures listed above. Any functions, buildings, or structures used for the interment of human remains and related services may be combined or separated. Ground burials shall not be limited as to the number of interments provided.
C.
Bulk and area regulations (general).
(1)
Landscape buffer [includes a decorative fence and shrubs/trees (approximately 50% transparent)].
(a)
Twenty-five feet from any right-of-way.
(b)
Twenty-five feet from any property line not adjacent to a right-of-way.
(c)
The landscape buffer shall include a decorative fence in conjunction with trees and shrubs (approximately 50% transparent) along street frontages and up to 100 feet back along side property lines, and a living fence consisting of a black vinyl-coated (cyclone) fence in conjunction with trees and shrubs (50% transparency) for all other areas of the side property line set back further than 100 feet from the street frontage. At the Joint Land Use Board's discretion, existing living fences will be considered for appropriateness in satisfying the intent of this section.
(3)
Building height.
(a)
Twenty-five feet at the setback line.
(b)
Mausoleums, features/monuments, and assembly structures may be 45 feet in height.
(c)
For every one foot of increase in the height of a mausoleum, feature/monument, or assembly structure above 25 feet, the closest edge of that structure must be an additional five feet further from the nearest setback line.
(5)
Coverage.
(a)
If adjacent to a rural or a low-density district, then the maximum building coverage shall be 20%, and the maximum impervious surface shall be 40%.
(b)
If adjacent to a high-density district, then the maximum building coverage shall be 30%, and the maximum impervious surface shall be 50%.
(c)
The I-C district, except as specifically provided by this section, is exempt from any municipal resolution, ordinance, or regulation governing or requiring conservation easements, curbing, directional or traffic signs, drainage, fencing, landscaping, lighting, parking lots, sidewalks, streets, trash collection, or trees.
(d)
No provision of this section shall be construed to impose any conditions that create any hardship or inconvenience, however slight, with respect to social or religious customs, observances, or practices.
D.
Access. Emergency and ADA access shall be available to all structures on the entire site and otherwise comply with federal ADA laws. Access/circulation/parking pathways shall be a minimum of 20 feet wide. To the extent that employee or visitor safety is not severely compromised, they shall be designed to allow temporary parking alongside each edge, and to allow surface flow of drainage to and over adjacent or nearby open space or ground burial lawns. Roadways having the shortest route from the public right-of-way to an administrative, maintenance, or assembly building shall be designed to accommodate emergency vehicles.
[Amended 6-5-2023 by Ord. No. 2023-14]
E.
Lighting. Accent lighting is permitted, provided that the applicant minimizes lighting shining directly on adjacent properties. Security lighting is permitted for administrative offices and maintenance buildings, provided that the applicant minimizes lighting shining directly on adjacent properties.
F.
Landscaping. Cemeteries shall not be subject to any municipally imposed landscaping requirements along interior access/circulation/parking pathways. Cemeteries shall be subject to municipal landscaping requirements for institutional districts along public roadways, drainage basins, parking lots, and administrative, maintenance, and assembly buildings. Any question as to the sufficiency of the existing vegetation and other landscaping, specifically alongside property lines, shall be resolved by the Joint Land Use Board Planner.
G.
Drainage. To the extent that such a design is safe and practicable, the design should allow surface flow of drainage to and over adjacent or nearby ground burial lawns and open spaces.
H.
Fences. The fencing along any public right-of-way shall be decorative. If the applicant owns or operates other cemeteries, then the style of the decorative fencing shall be allowed to match other cemeteries as much as is practicable, where the Township will not unreasonably withhold its consent as to the specific type or style of fencing. At the Joint Land Use Board's discretion, existing living fences will be considered for appropriateness in satisfying the intent of this section.
I.
Signage. A lighted identification sign not exceeding 32 square feet in area, as measured using the minimum area containing its content, is permitted at the main entrance and at any point along the edge of the property in common with a public right-of-way, provided that such signs are separated by at least 500 feet and are not located within the right-of-way line and shall not be placed within a sight triangle. Only indirect lighting is permitted for the signage; internal illumination is prohibited.
J.
Specific structures/functions.
(1)
Administration/office building.
(a)
Parking. At least one parking space shall be provided for each person working in the administration building, plus two additional spaces for customers/visitors, plus at least one handicapped-accessible space.
(2)
Maintenance building.
(a)
Parking. At least one parking space shall be provided for each person working at the maintenance building.
(b)
Landscaping. The maintenance building shall be landscaped so as to minimize its impact on and harmonize its appearance with the landscaping provided in the cemetery.
(c)
Access. An additional access point may be provided for the maintenance building. The driveway to the maintenance building must be at least 12 feet in width.
(3)
Features/monuments, and garden-style mausoleums and columbaria.
(a)
Landscaping. The applicant at its discretion shall provide appropriate landscaping for each feature, monument, and garden-style mausoleum or columbarium.
(4)
Assembly structures.
(a)
Parking.
[1]
If adjacent to a rural or a low-density district, then the applicant shall provide one parking place for every eight fixed seats or 350 square feet, whichever amount is lesser, plus at least one handicapped space.
[2]
If adjacent to a high-density district, then the applicant shall provide one parking place for every four fixed seats or 175 square feet, whichever amount is lesser, plus at least one handicapped space.
(b)
Landscaping. The applicant shall provide appropriate landscaping for each assembly structure.
(5)
Trash enclosure. The trash enclosure(s) or receptacle(s) shall be landscaped and fenced so as to provide easy access and to hide it from view.
[1]
Editor's Note: Former § 203-47, Conservation Overlay District, was repealed 8-1-2005 by Ord. No. 2005-25.
§ 203-48 Light Industrial/Office District.
The specific intent in creating the Light Industrial Office District is to make provision for light industrial and related office and research uses to create employment centers in those portions of the Township best suited for such use by reason of accessibility to the major circulation system and compatibility with adjacent uses. In view of the predominantly agricultural nature of the Township at present, provision is also made for continuation of agricultural uses.
A.
Use regulations.
[Amended 5-4-2015 by Ord. No. 2015-05; 8-20-2018 by Ord. No. 2018-13]
(1)
Principal uses. In the Light Industrial Office District, no building or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used, except for one of the following uses:
(a)
Light manufacturing, light industrial, and light assembly as defined in this chapter, which does not have characteristics which are noxious, injurious, offensive or hazardous to the health, safety or general welfare of the public.
(b)
Offices for administrative, executive, professional, business sales and similar uses, the normal attributes of which do not involve the storage, exchange or delivery of merchandise to the general public.
(c)
Research, experimental or testing laboratories.
(d)
Retail sales and services, provided that such use is within a planned unit development and does not exceed 15% of the gross floor area of each office building.
(e)
The warehousing and distribution of goods and products, provided that no goods are sold at retail from the premises.
(f)
Repair and maintenance of equipment and machinery normally utilized in any of the uses permitted in this district.
(g)
Service uses, such as restaurants, fitness centers, office furniture and supplies, auto and equipment rentals.
(h)
Multiple-use buildings that combine office, storage and other uses permitted by this section.
(i)
Agriculture and horticulture, including farm markets located on and operated in conjunction with farm property qualifying for farmland assessment.
(j)
Public playgrounds, conservation areas and parks.
(k)
Breweries, distilleries, and wineries.
(l)
Brewpubs.
(m)
Any use of the same general character as the above permitted uses.
(n)
Any combination of the above.
(3)
Conditional uses. In the Light Industrial Office District, the following uses may be permitted as conditional uses:
(a)
Utility facilities including telephone, water, sewer, electric and gas 400 square feet or greater in size subject to the following:
[1]
Project is designed to be structurally compatible and in keeping with the architectural character of the neighborhood in which it is to be located.
[2]
Project is in keeping with the Master Plan or Utility Master Plan of the Township.
[3]
Project conforms with yard setbacks for the district in which it is to be located.
[5]
Substation, electric and gas facilities, and all other public utilities, 400 square feet or greater in size, subject to the following requirements:
[a]
No storage of materials and trucks and no repair facilities or housing of repair crews, except within completely enclosed buildings.
[6]
Transmission lines, transmitting and receiving antennae or aerials, subject to the following special requirements:
(b)
Church or other place of worship pursuant to the following requirements:
[1]
Location of access driveways, landscaping and site plan design being compatible with the neighborhood in which it is to be located.
[2]
No building or part thereof or any parking or loading area shall be located nearer than 50 feet to any street line or lot line.
[3]
A parish house, rectory or parsonage, which shall conform to the requirements for a single-family detached dwelling.
[4]
A site plan in accordance with the Woolwich Township site plan requirements submitted to the Planning Board pursuant to its conditional use review authority (N.J.S.A. 40:55D-67).
[5]
Sewerage disposal and water supply facilities in accordance with all relevant requirements of the New Jersey Department of Environmental Protection and the Gloucester County Health Department codes. This requirement shall apply to all proposed methods, including joint or individual septic systems, on-lot package treatment plants, joint or individual groundwater supply, connection by special permission to public systems outside of the Township or to public systems, etc.
B.
Bulk and area regulations.
(1)
Minimum lot area: two acres.
(2)
Maximum building height: 40 feet.
(3)
Maximum impervious coverage: 65%.
(4)
Maximum floor area ratio: 0.40.
[Amended 8-20-2018 by Ord. No. 2018-13]
(5)
Minimum street frontage: 40 feet.
(6)
Front yard paving setback: 25 feet.
(7)
Front yard building setback: 40 feet.
(8)
Side yard setback (each): 30 feet.
(9)
Rear yard setback: 30 feet.
(10)
Separation between buildings: 40 feet.
F.
Parking and loading. Parking and loading spaces shall be provided in accordance with the regulations set forth in Article IX of this chapter.
G.
Mixed uses. Combinations of permitted uses within any individual building may be proposed as the developer or owner sees fit.
H.
Site development requirements. All proposed development shall comply with the regulations set forth in Article VII of this chapter, Chapter 149, Site Plan Review, and Chapter 163, Subdivision of Land, and the following requirements:
(1)
Along both principal and secondary frontage in a proposed development, it is required that, at a minimum, sidewalks and street trees be installed in accordance with municipal specifications and of an appropriate and acceptable nature to the Planning Board. In the event that such facilities are already present or are otherwise to be provided, the Planning Board may require provision of other reasonable amenities related to the establishment or improvement of a streetscape environment. In all cases, provision of streetscape amenities that are beyond and in addition to sidewalks and street trees (such as benches, grass strips, planters and other street furniture) shall be encouraged, subject to Planning Board approval.
(2)
Provision shall be made for safe and convenient pedestrian access, by creating links within and between parcels, sites or other distinct units of development, to the maximum feasible degree.
(3)
Provision shall be made for connection to public sewer and water systems, where either or both of these systems is available.
(4)
New or upgraded public roadways shall meet local engineering/design standards and be dedicated to the municipality or other appropriate governmental jurisdiction. On-site travelways may be designated as site service drives and be exempted from the preceding requirements, unless they are judged to carry volumes sufficient for the Planning Board to request their designation as public streets, in accordance with Chapter 149, Site Plan Review, and Chapter 163, Subdivision of Land. Curbing shall be required and curb cuts shall be designed so as to limit vehicular access in accordance with proper traffic engineering principles, and in doing so, promote traffic safety and efficiency of flow.
(5)
In locations where permitted but not fully compatible uses abut one another, such as residences adjoining commercial or office development, adequate screening and buffering shall be provided, consisting of buffer strips, visually impermeable fences or walks, earth berms, trees and shrubs, or combinations of the preceding, in accordance with planned development design standards, as well as § 203-65 of this chapter.
§ 203-49 Design standards.
A.
Design review purpose. The purpose of this architectural design section is to safeguard the heritage, environment, and living quality of Woolwich Township, for present and future generations. It shall ensure that among other things, general design, arrangement, and use of materials for proposed buildings and structures is complimentary and harmonious to the character and environment of Woolwich Township, fosters civic pride among its residents, and contributes to the overall economic development of the Township. Overall design character of buildings shall be controlled to ensure that the appearance and quality of Township communities is not eroded by poor design that is either monotonous or cluttered. The architecture, project layout (site design), landscaping, and signage shall contribute to a harmonious and diverse character, while maintaining a strong sense of unity. Monotony shall be avoided. Interest and diversity shall be implemented, while avoiding chaotic or discordant design schemes.
B.
Applicability. Evaluation on such factors described above shall apply to all nonresidential structures, regardless of zone, and will be reviewed and approved by the Woolwich Township Planning Board in the best interest of the residents of Woolwich Township.
C.
Architectural styles. Existing primary architectural styles within the Township generally include vernacular, colonial revival, Georgian revival, and Queen Anne victorian. The design of new buildings should be representative of the current era, yet incorporated with design elements of existing primary architectural styles of the Township.
(1)
Vernacular. Floor plans are square, T or L in shape. Exterior features include raised front porches, wood siding, or masonry walls, various pitched gable roofs, and symmetrical fenestration on the front facade.
(2)
Colonial revival. Wood frame rectangular structures having wood or brick exteriors. Most buildings have symmetrical floor plans with flanking wings, roof forms such as hipped, double-pitched, and mansard. Other features include double-hung multipaned windows, pediment dormers, raised porticos, and fan lighting entries.
(3)
Georgian revival. The overall features may be described as symmetrical composition enriched with classical detail. Common features include wood siding on wood frame construction, or red brick siding. Roofs can be hipped, or gambrel shaped, and eaves are generally detailed as a classical cornice. The central portion of the facade may project and have a pediment, with or without pilasters.
(4)
Queen Anne victorian. Queen Anne styles have asymmetrical shapes characterized by bays, and prominent, varied rooflines. Common characteristics are rich yet simple ornament, a variety of materials including wood, terra cotta, stone, and pressed metal, expansive porches, bays, and irregular roof lines with many dormers and chimneys.
D.
Building and structure design. Critical attention shall be given to building materials, use of color and texture, building or structure massing and height as they relate to site conditions, and harmonious integration with similar existing elements in neighboring buildings or structures. Buildings or structures shall be designed to be part of individual communities or streetscapes that are appropriate to Woolwich Township. Prototype or formula buildings and color schemes are undesirable unless they conform to the standards of this section.
(1)
Facades.
(a)
Building facades shall emphasize the architectural philosophy of relief and rhythm. Rhythm should be used in the design to provide interest and variety, and avoid monotony. Details that create shade, and cast shadows can be used to provide visual relief to the building. Buildings shall be broken into a series of volumes that lessen the overall mass.
(b)
Building facades shall be segmented with architectural details such as recesses, projections, overhangs, canopies or porticos, arcades, raised parapets, peaked roof forms, integral planters, and other similar features. Building facades greater than 60 feet in length (including separate buildings that are attached), shall incorporate a minimum of three architecture elements as described above. Recesses or projections shall extend a minimum of three feet from the primary building wall plane.
(c)
There shall be no uninterrupted walls greater than 40 feet in length. The length of the building shall visually appear to be proportional to the height, using a rate of 2.5 times the height of the building equal to the length. Architectural details may be utilized to create the appearance of segmented buildings where several smaller freestanding buildings are not feasible.
(2)
Roofs. Variation of building rooflines is encouraged. Use of gable, mansard, hipped, saltbox, gambrel, pyramidal, and shed roof styles are recommended. Use of flat roofs should be avoided unless hidden by parapet walls.
(3)
Windows. Window proportions shall be balanced against the overall building size. Consideration shall be given to cohesive fenestration.
(4)
Exterior materials. The building exterior shall be composed of one primary or dominant material and not more than two additional materials. The dominant material shall be utilized on all exterior sides of the building. Dominant exterior materials may include brick, stone, stucco (including exterior insulation and finish systems, EIFS), wood, and split-face concrete masonry units. Dominant exterior materials may not include smooth-face concrete masonry units, unarticulated tilt-up concrete panels, aluminum siding, vinyl siding, or glass that is highly reflective or mirrored. The texture of the building materials should enhance the design appearance.
(5)
Exterior colors. The building exterior color shall be composed of nonreflective, subtle, neutral earth tones. The use of high-intensity colors such as bright reds, oranges or yellows shall not be permitted. Metallic colors and “black” shall also be prohibited. Building trim and/or accents may feature complimentary brighter colors that are compatible with the primary building color. Color schemes shall be harmonious and complimentary with adjacent structures and developments. Neon tube lighting shall not be used for building trim or accent.
E.
Site design.
(1)
Complexes. Where the development is a complex of buildings, such as a shopping center or an office or industrial park with its own design guidelines, the complex should have a strong sense of place and unity of design. The complex should not be out of keeping with the surrounding buildings, but may clearly establish its own identity. The following shall be used in evaluating the complex. The complex shall have a sense of place. This should be accomplished by several elements:
(a)
Commonality of materials and style.
(b)
A uniform sign package that limits style of letters, colors, and has rules for size, location and height, based on building importance in the complex.
(c)
An element or elements that provide a strong identifying image. The strength of the image should be related and proportional to the scale of the development. A small project should have an image that is more closely related to neighbors, while a large regional facility should have greater differentiation from its neighbors. Features such as a clock tower, fountain, sculpture, or corner building that has a strong image are ways in which a strong identity may be created.
(2)
Orientation and siting. In the case of freestanding buildings or structures, and depending on individual site characteristics, consideration shall be given to site design that provides a desirable visual composition, avoids blocking natural vistas, and provides desirable and pleasing space enclosures.
(3)
Screening. Careful screening of undesirable design elements such as storage areas, loading areas, trash bins, mechanical equipment (ground level or roof-mounted) is critical. These areas and items shall be screened from any adjacent residential district or use, highway, road, street or accessway. Trash and storage bins shall be located in the rear yards of the building or structure, or as recommended by the Planning Board, and screened. Screening shall be accomplished and render instant effect by either architectural design or landscaped buffer or combination thereof, or as otherwise deemed acceptable by the Planning Board. Earth-tone colors shall be used to maintain the theme established by the primary building colors.
F. ARCADE CANOPY CORNICE DORMER EAVE EIFS FACADE FANLIGHT FENESTRATION GABLE GAMBREL ROOF HIP ROOF MANSARD PARAPET PEDIMENT PILASTER PORTICO PYRAMIDAL RELIEF RHYTHM SALTBOX SHED
Definitions. As used in this section, the following terms shall have the meanings indicated:
A covered passageway, often between streets with shops or stalls. A structure composed of a series of arches supported by columns.
An ornamental projection over a door, window, niche, etc. Also a roof-like covering supported by columns or other device.
The uppermost section of moldings along the top of a wall or just below a roof.
A roof projection, normally with a window that is built out from the slope of a roof. The dormer has its own roof, which may be flat, arched, or pointed.
The edge of a roof. Eaves usually project beyond the side of the building.
Exterior insulation finish system, or EIFS, is a synthetic stucco-cladding used on exterior walls in both commercial and residential construction. EIFS uses a stucco-like polymer-based outer coating containing a plastic resin, which makes the coating softer and more flexible than traditional hard-coat stucco.
The main front of a building.
A semicircular or semielliptical window, normally over a doorway or another window.
The arrangement and proportioning of windows in a building, their size, placement, style, etc.
The triangular upper part of a wall closing the end of a ridged roof.
A roof with its slope broken by an obtuse angle, the lower slope being steeper, and the upper slope gentler. Many farms have gambrel roofs.
A roof sloping directly in from the walls on every side, and thus having no gable ends.
A roof divided into a steep lower part and a less steep upper part on all four sides.
A low wall projecting from the edge of a platform, terrace, or roof.
The gable over the front of a building with a two-pitched roof, triangular in classical architecture, later arched or broken at the peak.
A rectangular column engaged in a wall. The pilaster projects only slightly from the wall, and often has a base, a shaft, and a capital. Greek revival homes often have pilasters.
A colonnade or covered passageway in classical architecture.
A hipped roof that forms a pyramid shape.
The projection of a figure above the ground or plane on which it is formed.
A regular or harmonious pattern created by lines, forms, and colors.
Similar to a gable roof, but the two sides are not symmetrical.
A sloped roof, usually a single plane.
G.
Design review process.
(1)
The subsections above are set forth as design guidelines. Additional architectural elements sought to be applied to any new construction or rehabilitation to existing buildings shall be submitted to the Woolwich Township Planning Board for approval.
(2)
The Woolwich Township Committee reserves the right to establish an Architectural Design Advisory Board from which the Planning Board may request advice and recommendations. The advice and recommendations from the Architectural Design Advisory Board shall be made in writing and submitted to the Planning Board.
H.
Submittal requirements. Colored renderings of the proposed new structure, renovation or rehabilitation shall be submitted for review. Renderings shall depict all building elevations, including a roof plan, and shall be drawn at a scale of one-fourth inch equals one foot, or as appropriate to adequately and accurately convey the details and overall appearance of the proposed structure(s). Rendering colors shall represent the true color of the proposed building materials, and where appropriate or requested, actual building material samples shall be submitted to clearly show the colors and textures of the proposed materials of construction.
§ 203-50 Telecommunications towers, antennas, and related facilities.
A.
Telecommunications towers, antenna, and related facilities shall be permitted as conditional uses in the nonresidential districts where they are authorized by this chapter, subject to the following:
(1)
Location on an existing telecommunications tower, building, water tower, or similar facility shall be utilized prior to consideration of any new sites for towers.
(a)
Said facilities shall be painted the same color as the structure on which it is located.
(b)
Welding on a water tower shall be done in such a manner that no peeling of paint shall occur on either the interior or external sides of the tank.
(c)
When new masts or antennas are added to preexisting towers, they shall be spaced so as to create the minimal possible signal interference with other carriers and to promote the maximum colocation of masts and antennas from other carriers.
(2)
Where existing structures are infeasible or unavailable to provide a reasonable level of service to the carrier, they shall be permitted only when on a monopole-style tower that does not exceed a height of 150 feet. Permission to construct such a tower, or to add antennas to an existing tower, shall be granted only upon presentation of the following information, to the satisfaction of the Planning Board:
(a)
Municipally owned land shall be considered first as a site for telecommunications facilities if existing facilities are unavailable or unsuitable.
(b)
A radio frequency coverage map shall be presented and explained, showing the coverage area of the specific applicant carrier, before and after installation of the new facilities.
(c)
Photo simulations of the facility, taken from the surrounding area, showing views of the site after installation is complete.
(d)
Certifications must be provided that the carrier has a valid license from the Federal Communications Commission and that it meets all applicable federal and state safety regulations and/or guidelines, relating to RF emissions and the structural stability of the facility, taking into account 110% of the maximum wind load that can be anticipated in this area.
(e)
Base areas, including equipment shelters, shall be surrounded with a six-foot chain link fence. The use of barbed wire is prohibited.
(f)
The fenced base area shall be surrounded by an opaque evergreen landscape screen with a height at time of installation equal to six feet.
(g)
Any company proposing to erect a new tower shall design it to accommodate a minimum of five total carriers and shall submit a letter of intent to the Township, pledging their willingness to grant space on the tower to other carriers.
(h)
Any tower which is unused for a period of six consecutive months following commencement of operations shall be considered to have been abandoned, and shall be removed at the expense of the companies affected.
(i)
Freestanding telecommunications facilities shall be considered principal uses and shall be required to be located on a separate lot consisting of not less than 1/2 half acre. The Board may waive street frontage requirements provided that vehicular access is provided by means of an easement.
(j)
No telecommunications facilities shall be permitted when a one-hundred-fifty-foot radius, drawn around the base of the telecommunications tower falls within or adjacent to a park, playground, or school facility. Telecommunications facilities may be located on vacant park, playground or school land provided that no buildings, fields, courts, or playground equipment are located within the aforementioned one-hundred-fifty-foot radius.
§ 203-51 Farms preserved under former Voluntary TDR Program.
A.
Land in which transfer of development rights ("TDR") credits were created and severed under the former Voluntary TDR Program pursuant to Ordinance No. 2008-20, as amended by Ordinance No. 2014-09 and Ordinance No. 2018-13, shall continue to be subject to the TDR deed of easement that was recorded on the land, as well as the following requirements:
(1)
Permitted uses. The uses permitted in the TDR deed of easement will continue to be authorized on the land as set forth in the recorded TDR deed of easement.
(2)
Nonconforming uses. All uses other than agricultural uses, if any, existing on the land at the time of TDR deed of easement may be continued and any structure may be restored or repaired in the event of partial destruction. No new structures, or the expansion of preexisting structures for nonagricultural uses, are permitted, except as specifically authorized herein. In the event a preexisting nonagricultural use is abandoned, the right to continue the use is extinguished.
(3)
Agricultural labor housing. The provision of structures for housing of agricultural labor employed by the landowner or the operator of the agricultural operation is permitted, provided all necessary approvals are obtained. Such housing shall not be used as a residence for the landowner, landowner's spouse, landowner's parents, landowner's lineal descendants, adopted or natural, landowner's spouse's siblings, parents or landowner's spouse's lineal descendants, adopted or natural. Such land shall only be occupied by agricultural labor who works at the agricultural operation which is operated on the land subject to the TDR deed of easement.
(4)
Other housing. The construction of new buildings for residential use or any residential subdivision, regardless of its purpose, shall be prohibited except as follows, and provided all necessary approvals are obtained:
(a)
The construction of a residential building on the land shall be permitted solely in order to replace any permitted single-family or multifamily residential building that exists on the land and that has been declared unfit for human occupancy pursuant to the International Property Maintenance Code or the Township Code, it was lived in for at least 90 consecutive days during the prior two years.
(b)
The construction of up to a 50% expansion of any existing single-family or multifamily residential building on the premises up to a maximum of 2,000 square feet, provided that no new dwelling unit is created and the addition is used solely for residential purposes.
(c)
If at the time of recording of the TDR deed of easement the premises contains no residential unit(s) and is greater than 15 acres but less than 50 acres in size, the construction of one new single-family residential unit provided that, as of the date of application for the building permit, the owner has retained one TDR credit and prior to issuance of the building permit has recorded a deed of extinguishment for the TDR credit.
(d)
If at the time of recording of the TDR deed of easement the land was 50 acres or more in size excluding the land area occupied by any buildings or structures used for a nonconforming nonresidential use, the construction of new single-family residential units is permitted on the premises without the use of TDR credits provided the total number of single-family residential units (including existing units) which may be built on the land shall not exceed one unit per 50 acres of gross land area.
(e)
Except for land subject to a prior subdivision, a one-time subdivision of the land resulting in a vacant parcel that is at least 15 acres but less than 50 acres in size shall be permitted provided that the owner has retained one TDR credit as of the date of application for the subdivision and as a condition of approval has recorded a deed of extinguishment for the TDR credit.
(5)
Other buildings. The construction of new buildings for nonresidential use or any nonresidential subdivision, regardless of its purpose, shall be prohibited except as follows, and provided all necessary approvals are obtained:
(a)
New buildings for nonresidential agricultural purposes may be constructed on the premises to the extent permitted by Chapter 203.
(b)
To the extent permitted by Chapter 203, a building that existed on the land at the time of recording of the TDR deed of easement may be expanded up to 50%, but in no case shall the expansion be greater than 2,000 square feet of the building's original size, where such expansion is for the purposes of utilizing the building for a winery, brewery, distillery and/or other alcohol production facility on the premises, provided that the predominant crops on the land are used in the production and the use does not diminish the actual or potential use of the land for agricultural production.
(c)
To the extent permitted by Chapter 203, a building that existed on the land at the time of recording of the TDR deed of easement may be expanded up to 50%, but in no case shall the expansion be greater than 2,000 square feet of the building's original size, where such expansion is for the purpose of utilizing the building for a bed-and-breakfast if it is demonstrated that the uses individually or collectively will not diminish the actual or potential use of the land for agricultural production.
(d)
To the extent permitted by Chapter 203, a building that existed on the land at the time of recording of the TDR deed of easement may be expanded up to 50%, but in no case shall the expansion be greater than 2,000 square feet of the building's original size, where such expansion is for the purpose of utilizing the building for social events such as weddings, and temporary structures may be used for said social events if it is demonstrated that the uses individually or collectively will not diminish the actual or potential use of the land for agricultural production.
(6)
No activity shall be permitted which would be detrimental to drainage, flood control, water conservation, erosion control, or soil conservation, nor shall any other activity be permitted which would be detrimental to the continued agricultural use of the land and buildings.
(7)
Public improvements, including but not limited to roadways, drainage facilities and other public infrastructure, are permitted so long as the public improvements individually or collectively have no more than a de minimis impact on the actual or potential use of the land for agricultural production. The right to maintain all roads and trails existing upon the land as of the date of the TDR deed of easement shall be preserved. The construction, improvement or reconstruction of any roadway necessary to service crops, agricultural buildings, or reservoirs is permitted as necessary.
(8)
To the extent permitted by the Chapter 203 or the Right to Farm Act,[1] the land may be used for certain recreational activities such as hunting, fishing, cross-country skiing and ecological tours, only if such activities do not interfere with the actual or potential use of the land for agricultural production. Other recreational activities which alter the land, such as indoor recreational facilities, golf courses and athletic fields, are prohibited unless expressly authorized by the TDR deed of easement. However, if the premises is acquired by a governmental entity, the governmental entity may establish outdoor active recreational uses on the land.
[1]
Editor's Note: See N.J.S.A. 4:1c-1 et seq.
(9)
Disposal of sludge or any waste material resulting from treatment of wastewater, domestic or otherwise, is expressly prohibited. No sand, gravel, loam, rock or other minerals shall be deposited on or removed from the premises except those materials required by the agricultural purpose for which the land is used. No dumping or placing of trash or waste material shall be permitted unless expressly authorized by the State Agricultural Development Committee or the County Agricultural Development Board as an agricultural management practice and pursuant to the Right to Farm Act and subject to any restrictions imposed by the Township consistent with that act.
(10)
No historic building or structure (included in the New Jersey Register of Historic Places) located on the land may be demolished by the grantor or any other person without the prior approval of the Township Committee, with a recommendation from the Joint Land Use Board.
(11)
The construction of billboards, golf courses, cellular phone towers, solar panels, wind turbines, airstrips, and helicopter pads is expressly prohibited. Notwithstanding this subsection, solar panels and wind turbines used to generate electricity for uses on the premises are permitted to the extent permitted by Chapter 203.
(12)
To the extent permitted by Chapter 203 or the Right to Farm Act, fences may be constructed in support of the agricultural operation and to prevent trespassing. On any designated public areas, no fences shall be erect to block access to public areas from the general public.
(13)
Agricultural management practices as have been and continue to be promulgated by the New Jersey State Agriculture Development Committee pursuant to its authority under N.J.A.C. 2:76-2.1 et seq., N.J.A.C. 2:76-2A.1 et seq., N.J.A.C. 2:76-2B.1 et seq. and the Right to Farm Act (N.J.S.A. 4:1C-1 et seq.) are expressly permitted.
(14)
The right to plant, grow, and harvest trees, timber and forest products and to engage in other woodland management activities related thereto provided that the same are carried out in a manner consistent with the Farmland Assessment Act of 1964 (N.J.S.A. 54:4-23.1 et seq.).
(15)
To the extent permitted by Chapter 203, permissible improvements allowed in conjunction with permitted uses to include the installation of needed driveway and/or road access and ancillary unpaved parking areas for a maximum of 75 vehicles, if it is demonstrated that the uses individually or collectively will not diminish the actual or potential use of the land for agricultural production and subject to the review and approval of the Joint Land Use Board. The use of hiking and biking trails for motorized vehicles is not permitted except for necessary access to the land.
(16)
Use of the designated public area of the land for public passive recreational use is permitted consistent with the New Jersey Department of Environmental Protection, Green Acres Program Rules (N.J.A.C. 7:36-1.1 et seq.).
B. DEED OF EXTINGUISHMENT(1) (2) (3) TDR CREDIT TDR DEED OF EASEMENT
Definitions. For the purposes of this § 203-51, the following definitions shall apply. All uses not defined herein shall have the meanings set forth in § 203-5.
A deed notice in a form that is acceptable to the Township Solicitor and is capable of being recorded in the County Clerk's office, which contains the following information:
Identifies the TDR credit proposed to be used by, serial number, date it was created, and property from which it was created;
Identifies the project for which the TDR credit is used, including by block and lot, date of project, and description of project; and
States that the TDR credit has been extinguished and is no longer valid, along with the date of extinguishment.
A transferable development right which was created upon enrollment in the Voluntary TDR Program pursuant to Ordinance No. 2008-20, as amended by Ordinance No. 2014-09 and Ordinance No. 2018-13, as evidenced by the serial number assigned thereto.
The deed of easement recorded by the landowner upon enrollment in the Voluntary TDR Program pursuant to Ordinance No. 2008-20, as amended by Ordinance No. 2014-09 and Ordinance No. 2018-13.
C.
To utilize a credit pursuant to Subsection A above:
(1)
The party seeking to utilize the credit shall submit to the Township Clerk the following:
(a)
Documentation identifying the TDR credit proposed to be used by serial number, date it was created, and property from which it was created;
(b)
Documentation demonstrating that the party seeking to utilize the TDR credit owns the TDR credit sought to be used;
(c)
Documentation demonstrating that the TDR credit has not previously been extinguished or utilized; and
(d)
A copy of the proposed deed of extinguishing, along with a second copy to the Township Solicitor for review.
(2)
Upon the Township Solicitor's receipt of the deed of extinguishment, the Township Solicitor, in conjunction with the Township Clerk, shall, within 14 days of receipt:
(a)
Determine if the deed of extinguishment is in proper legal form for recording in the County Clerk's office and complies with the requirements of Subsection C;
(b)
Determine that the party seeking to utilize the TDR credit owns title to the TDR credit proposed to be used; and
(c)
The TDR credit has not been previously been extinguished or utilized.
(3)
If the Township Solicitor determines that the party seeking to utilize the TDR credit has established the criteria set forth above, the Township Solicitor shall sign and date the deed of extinguishment. Upon signing, the deed of extinguishment shall be returned for recording and the party seeking to utilize the TDR credit shall record the deed of extinguishment. If the deed of extinguishment is not recorded within 90 days of the Township Solicitor's signature, the deed of extinguishment shall be null and void and the party shall no longer be entitled to utilize the TDR credit.
(4)
Once recorded, the party seeking to utilize the TDR credit shall return a copy of the recorded deed of extinguishment to the Township Clerk, who shall record the extinguishment in the Township records.
§ 203-58 Supplemental use controls.
Each supplemental use control set forth in this Article VII shall apply in any district in the Township in which the use subject to such supplemental use control is permitted.
§ 203-59 Controls for residential accessory uses.
A.
Storage sheds, greenhouses and other outbuildings in residential zones shall conform to the following:
(1)
No structure shall be permitted between the building setback line and the street line.
(2)
No structure shall be located within five feet of a side property line.
[Added 3-21-1994 by Ord. No. 94-2]
(3)
No structure shall be located within five feet of the rear property line.
[Added 3-21-1994 by Ord. No. 94-2]
B.
Walls and fences. In all planned developments, walls may be constructed in front, side and in rear yard areas for the purpose of enclosing private patios and courtyards. The enclosed space resulting from the walls shall not be roofed. Such walls shall be constructed of brick, wood, masonry or concrete with stucco or other appropriate finish but shall be similar within groups of houses.
C.
Driveways.
(1)
No driveways shall be within five feet of any property line unless such driveway is shared by an adjacent house.
(2)
No driveway shall be constructed so that there is more than one entrance to a street.
(3)
No driveway shall be constructed in such a way as to create a drainage problem on the subject property or an adjacent property.
D.
Other accessory use controls.
(1)
No commercial or industrial activities, except customary home occupations and professional offices, shall be permitted unless specifically stated in the applicable zoning district.
(2)
No activities shall be permitted which create a public nuisance or interfere with the use of adjacent residential lots.
(3)
Nothing in this section shall limit other uses not mentioned so long as they are accessory to the residential use of the land, are temporary in nature and do not create a threat to the public health, safety or welfare of the community.
E.
Except as specifically otherwise permitted, any customary accessory use shall be governed by the area and bulk regulations applicable to the primary use on the same lot.
§ 203-60 Home occupations.
In residential districts, all dwelling units with direct access to a public street, except apartment units, may be used for the practice of home occupations, provided that the approving authority grants conditional use approval subject to the following:
A.
The principal person so employed shall be the owner of the dwelling unit.
B.
Such occupations shall be incidental or secondary to the use of the property as a residence and are limited to those occupations customarily conducted within a dwelling unit.
C.
No other persons except the owner shall be employed to practice the occupation.
D.
Such operations shall be operated as a sole proprietorship, except that, should the owner/operator be substantially physically handicapped, a nonresident may be employed to assist the owner/operator in his/her work to the extent required to compensate for the aforesaid handicap condition.
E.
The area used for the practice of a home occupation shall occupy no more than 1/3 of the total floor area of the dwelling unit.
F.
Manufacturing, repairing or other mechanical work shall be performed in an enclosed area so that such activity shall be conducted in such a way that no noise, odor, dust, vibration, electromagnetic interference, smoke, heat or glare or any radiation of any kind which is in the defined radio frequency spectrum shall be noticeable at or beyond the property lines, or no potentially dangerous effluent shall be discharged.
G.
No storage of materials or products in open areas shall be permitted.
H.
No retail sales shall be permitted, except for home-produced goods.
I.
No material designed for use as an explosive shall be reproduced or stored on the premises.
K.
No display of products shall be visible from the street.
L.
The driveway and parking area shall be paved in accordance with acceptable engineering standards.
M.
A certificate of occupancy shall be required for the floor area devoted to the home occupation.
N.
No sign identifying or advertising the home occupation shall be permitted.
§ 203-61 Professional office in home.
Professional office or studio of a physician, dentist, lawyer, architect, engineer, musician, artist, teacher, real estate broker, registered nurse or other similar professional person shall be permitted in a dwelling in any residential district, subject to the following conditions:
A.
Off-street parking spaces shall be provided in addition to those otherwise required in this chapter according to the nature of the profession or business practiced.
B.
No more than two persons shall be employed by the practitioner, who must be the owner, of the professional occupation to provide secretarial, clerical, technical or similar assistance.
C.
The area used for the practice of a profession shall occupy no more than 1/3 of the total floor area.
D.
No manufacturing, repairing or other mechanical work shall be performed outside the dwelling unit. When such activity is conducted inside the dwelling unit, it shall be conducted in such a way that no noise, heat, glare, odor, vibration, electromagnetic interference or smoke shall be perceptible at or beyond the property line.
E.
No storage of materials or products outside the dwelling unit shall be permitted unless completely housed.
F.
The professional use shall be clearly incidental to the residential use of the dwelling unit and shall not change the essential residential character of the dwelling.
G.
No display of products shall be visible from outside the building.
§ 203-62 Livestock, animals and fowl.
[Added 3-21-1994 by Ord. No. 94-2]
A.
The intent of this section is to establish standards for the keeping of livestock, animals and fowl on a noncommercial basis and in a manner which will not endanger the health, safety and welfare of the Township residents and which will assure that such livestock, animals and fowl are kept in a clean and sanitary condition and not subjected to suffering, cruelty or abuse.
B.
The keeping of livestock, animals and fowl shall be subject to the following special requirements:
(1)
Livestock, poultry, rabbits, and domestic pets may be kept by the resident on the premises where he resides, provided that said activities are primarily for personal, noncommercial purposes and said premises, exclusive of the residence portion, have a lot area of not less than two acres. The number of livestock per acre (exclusive of a minimum area of one acre devoted to residential use) shall not exceed one adult horse or cattle or two adult sheep or goats with their young under six months of age. Kennels are prohibited.
[Amended 9-5-2023 by Ord. No. 2023-24]
(2)
No structure for animals or poultry other than fencing or grazing land shall be closer than 30 feet to property or street lines or 15 feet to a property line and 75 feet to any neighboring residence, whichever is greater.
C.
Dogs and cats, as pets, are permitted, but not more than three of each, over four months of age per lot.
§ 203-63 Excavation of material.
In all districts, subject to the provisions elsewhere in this chapter and subject to the provisions in other Township ordinances, excavation shall be limited to the removal of topsoil, substrata or sod under the following conditions:
§ 203-64 Controls for nonresidential accessory uses.
Controls for nonresidential accessory uses shall include the following:
A.
Garages. Such buildings shall be designed to conform with the main building and shall not be within 50 feet of any street line.
B.
Maintenance building. Such buildings shall not be located within 30 feet of any street line.
C.
Recreational facilities. Such uses shall be conducted within a building or in a landscaped area which is set back 50 feet from any street line.
D.
Sewage treatment plants and facilities. No such facility shall exceed the height limit of the district in which it is situated or 50 feet in height, whichever is less. No such facility shall be located within 100 feet of the lot line of any residential use.
E.
Storage areas. All such facilities shall be located in a building which has direct access to a street or driveway. No such building shall be located within 50 feet of any street line.
F.
Other accessory use controls. All uses shall be restricted to the activities related to the primary use, excluding accessory services to adjacent uses on nearby lots.
G.
Dwelling quarters for watchman or caretakers. Such uses shall be located on the premises of the primary use.
H.
Area and bulk regulations. Except as specifically otherwise permitted, any customary accessory use shall be governed by the area and bulk regulations applicable to the primary use on the same lot.
§ 203-65 Performance standards for industrial uses.
The following performance standards shall be applicable to all industrial uses in the Township:
A.
Dissemination of smoke, fumes, dust, dirt or other noxious gases from any use shall not extend beyond the boundaries of the zone in which said use is located.
B.
Liquid wastes and effluent shall be discharged into an approved existing sewage treatment plant in accordance with that plant's regulations, or each industry shall treat its own liquid wastes and effluent in a treatment plant or process which is in compliance with the state statutes, the requirements of the State Department of Health and applicable Township health ordinances.
C.
Precaution against fire hazards, proper handling and storage of materials, structural design and safeguards for the health of workers shall comply with state statutes and requirements of the State Department of Labor and Industry.
D.
Operations or processes involving the generation of offensive light or glare shall be confined to a structure or enclosure and shall not be visible outside of said building or enclosure.
E.
Any noise, resulting from the operation of any use measured at a distance of 100 feet from the source of said noise shall not be in excess of 60 decibels above the reference level.
F.
The reference level for noise measurement shall be the American Standards Association standard sound pressure reference level of 0.0002 dyne per square centimeters at 1,000 cycles. Instrumentation and methods of measurement shall be based upon the ASA standards.
G.
Uses involving any operation or process which causes vibration at a point 100 feet from the source of said vibration shall not be permitted.
§ 203-66 Service stations, auto repair and new and used car lots.
[Amended 3-15-1999 by Ord. No. 99-6; 12-15-2003 by Ord. No. 2003-24]
A.
In those districts in which service stations, public and commercial garages, auto repair shops and new and used car lots may be permitted as a conditional use, the following special requirements shall apply:
(1)
In no district shall a service station, auto repair shop, new or used car lot or commercial garage be erected, enlarged or established within 200 feet of:
(2)
A detailed set of plans, specifications and site plan shall be submitted to the Planning Board, showing:
(a)
The location of such service station or commercial garage.
(b)
The location and number of fuel pumps.
(c)
The location, depth and capacity of fuel tanks.
(d)
The type of structure and accessory buildings to be constructed.
(e)
The number of vehicles to be garaged.
(f)
The location and extent of driveways.
(3)
Pump islands shall not be less than 30 feet from any street line. All fuel tanks shall be installed underground and in compliance with New Jersey Department of Environmental Protection (NJDEP) standards.
B.
Outside pits, racks or lifts shall be prohibited.
C.
For all service stations, auto repair shops and new or used car lots, the first 25 feet of lot width adjacent to a public street shall be landscaped in accordance with the provisions of §§ 203-68 and 203-69 (except for necessary drive aisles) and the display or parking of vehicles within this area shall be prohibited.
D.
Service stations, auto repair shops and new or used car lots adjacent to permanent and transient residential uses and public or private open spaces shall be screened by twenty-five-foot-wide evergreen screening buffer in accordance with §§ 203-68 and 203-69, not less than six feet in height and which shall be maintained in a safe and sightly condition.
E.
Driveways. Driveways shall cross the sidewalk at right angles and shall not be more than 36 feet wide at any point thereof. Driveways must be at least five feet from any side lot line and 50 feet from the intersection of street lines. There shall be no more than one driveway on any one street frontage unless the street frontage is in excess of 70 feet, in which case there may be a maximum of two driveways on street frontage, provided that such driveways are 25 feet apart.
F.
Curbing. A raised concrete curb shall be constructed and maintained in a sound and safe condition along all street property lines, except at driveways. All such required curbs shall conform to the following dimensions:
G.
Paving. The entire area of the station traversed by motor vehicles shall be paved with an all-weather surface.
H.
Landscaping. At least 5% of the interior of the lot area, exclusive of required perimeter buffers, shall be planted with trees or shrubs.
I.
All gasoline or fuel tanks with a capacity of more than 275 gallons shall be underground.
J.
Minimum frontages. In order to minimize traffic hazards and permit safe ingress and egress to and from service stations, the following minimum frontages are hereby required:
(1)
Where stations are located on municipal streets or county highways, not less than 150 feet for stations with not more than three dispensing units, and for every three additional units or fraction thereof, there shall be an additional 50 feet of frontage.
(2)
Where stations are located on state highways, not less than 200 feet for stations with not more than three dispensing units, and for every three additional units or fraction thereof, there shall be an additional 50 feet of frontage.
(3)
Where stations are located at intersections, the frontage shall be that portion facing on the more heavily traveled street or highway, as determined by the Planning Board. Such stations located at intersections shall have a minimum average lot depth of 150 feet.
(4)
All new and used car lots shall have a minimum street frontage of 300 feet.
K.
Minimum lot areas and bulk standards.
(1)
All service stations, public and private garages, which are principal uses, and auto repair shops, shall conform to the minimum lot area and other bulk standards of the zoning district in which they are located.
(2)
All new and used car lots shall have a minimum lot area of 10 acres and shall conform to all other bulk standards of the zoning district in which they are located.
§ 203-67 Intensive fowl or livestock farms.
A.
Intensive fowl or livestock farms, as defined in Article II, § 203-5, of this chapter, may be established in any district, but only as a conditional use after site plan review and approval by the Planning Board in accordance with the following standards and requirements and other applicable regulations. In addition to normally required site plan information, the application shall set forth:
(1)
The purpose of the operation.
(2)
The manner in which animals or fowl would be housed or ranged.
(3)
The number, size, species and type of animals or fowl proposed to be kept and the number of each per gross acre.
(4)
Location of and methods for the storage, disposal or other utilization of liquid and/or solid wastes.
(5)
The location of any outside fowl ranges or livestock pens or corrals.
(6)
Proposed lighting and ventilation.
B.
The Planning Board must find the system for disposal of waste from the animals is adequate and has reasonable assurance that it will continue to be adequate, practical and efficient for the foreseeable future and, if necessary, can require guaranties of same. Disposal of waste by a combination of holding tanks and injection into land owned by the operator may be required by the Planning Board after taking into consideration the number and type of animals, the type and amount of confinement and the amount of land owned by the operator on which waste will be spread.
C.
The Planning Board must find that the operation planned will not reasonably be expected to constitute a nuisance because of odor, sound or sight to the neighborhood nor create any reasonably foreseeable sanitation or health problems.
D.
No building, fenced run or other enclosure for the containment of fowl or livestock, or for the storage of animal waste on an intensive fowl or livestock farm shall be closer to any front, side or rear property line or zoning district boundary line than 500 feet. However, a pasture may be established and maintained closer than 500 feet to a boundary and animals kept in it under the following conditions:
(1)
An adequate fence is maintained.
(2)
A growth of grass or other foraging vegetation has been established and is maintained.
(3)
No feeding of any animals is done in the pasture other than the grazing by the animals of the vegetation growing there.
(4)
The density of animals in the pasture shall not be so great as to cause an overgrazing of the pasture so as to render any part of it barren of vegetation.
E.
The feeding of swine upon garbage or similar refuse material, either cooked or uncooked, is specifically prohibited.
F.
In reviewing any application for an intensive fowl or livestock farm, the Planning Board may request:
(1)
An advisory opinion from the Soil Conservation District concerning the adequacy of plans for liquid or solid waste management (including proposed handling methods if off-site disposal is contemplated), as to whether such plans comply with Standards for Animal Waste Management as adopted by the Gloucester Conservation District; and
(2)
An advisory opinion from the office of the County Agricultural Agent concerning the adequacy of plans for dealing with specific potential nuisance characteristics in relation to any applicable published standards or guidelines issued by the State of New Jersey or Rutgers, the State University.
G.
Any certificate of occupancy shall remain valid only so long as the intensive fowl or livestock farm is operated in a nuisance-free manner in accordance with the above-listed standards and any additional conditions imposed by the approval authority.
§ 203-68 Landscaping.
[Amended 12-15-2003 by Ord. No. 2003-24]
A.
Purpose.
(2)
To preserve and enhance the existing natural features on individual sites, thereby maintaining and conserving the Township’s natural amenities. This can be achieved by utilizing methods such as planting natives, xeriscaping (using drought-tolerant plants), using drip irrigation systems and sustainable materials.
(3)
To provide for the harmonious development of contiguous properties in the same and different zoning districts by providing certain minimum landscaping requirements for all land developments including, but not limited to, residential, multifamily residential, motel, office commercial, institutional, industrial and public purposes.
(4)
To help prevent soil erosion and sedimentation; to retard glare, heat, pollution and noise.
B.
Applicability.
(1)
The tree protection and landscaping standards shall be applicable to all subdivisions of land and any parcels undertaking site plan activities. All parts of properties being redeveloped, renovated or improved as part of a subdivision or site plan application shall be brought into compliance with the requirements of this chapter, to the fullest extent possible.
(2)
Landscaping may include plant materials such as trees, shrubs, ground covers, perennials, annuals, and mulch. It may also include other man-made and natural elements such as rocks, land forms and berms, water, sculpture, art, walls, fences, street furnishings and paving materials.
C.
Tree protection management plan.
(1)
A tree protection management plan must be submitted at the time of site plan application, pursuant to this chapter, if there are one or more live trees proposed to be cut or removed from the property.
(2)
Tree protection management plan(s) shall be submitted with each site plan or major subdivision plan application. They shall be on the same size sheets and at the same scale as other corresponding layout plans in the set, and shall contain the following information:
(a)
Location of all existing or proposed buildings, driveways, grading, septic fields, easements, underground utility lines, rights-of-way, and other improvements.
(b)
Location of existing natural features, including wooded areas, watercourses, wetlands, and floodplains.
(c)
The limits of the tree protection zone, according to the following distances from proposed improvements:
(d)
Location of all existing individual live trees outside of the tree protection zone (i.e., within the area to be disturbed), with trunk diameters five inches or greater measured 4 1/2 feet above ground level. Each tree shall be noted by its species, size and general health condition. Whenever possible, the actual canopy spread shall be shown, but if it must be estimated, the canopy shall equal 1 1/2 feet of diameter per one inch of trunk diameter.
(e)
Location of all tree masses to be preserved. Only the outermost canopy line of these tree masses shall be shown.
(f)
Each tree, or mass of trees, to be removed or transplanted shall be clearly labeled as such.
(g)
A chart tabulating the diameter inches being removed, the required diameter inches to be replaced, and the equivalent number of compensatory trees.
(h)
Specifications for the removal of existing trees and for the protection of existing trees to be preserved, including detail(s) of tree protection fencing.
D.
Landscape plan requirements.
(1)
The requirements and standards described herein shall be considered the minimum for all landscape plans as required by this chapter. Standards established by other Township ordinances or by state and federal rules and regulations shall apply where those standards are more restrictive than the standards set forth herein.
(2)
The landscape plan shall be prepared and sealed by a certified landscape architect or other similarly qualified professional acceptable to the Planning Board.
(3)
Landscape plans shall be submitted with each site plan or major subdivision plan application. They shall be on the same size sheets and at the same scale as other corresponding layout plans in the set, and shall contain the following information:
(a)
Existing vegetation to remain and the location of proposed plantings, with transplants and compensatory plants clearly labeled on both the plan and in the planting list/schedule.
(b)
Existing and proposed improvements, including structures, utilities, lighting, signage, stormwater management system structures, pavement materials, water features, fences, walls.
(c)
All ground plane treatments including seed, sod, ground covers and mulch beds, with beds clearly defined.
(d)
Existing and proposed grades, including berm contours.
(e)
A plant list on the same sheet, or reference to the sheet on which it appears, which contains a key or symbol reference, corresponding to labels or symbols on the plan; the proposed quantity of each plant species; the scientific and common plant names; the size of the plant at installation; the root condition; plant spacing; and any special specifications or instructions.
(f)
Details of the proposed method of planting, staking and tree protection.
(g)
Standard planting notes reflecting current industry standards, including, but not limited to, the guarantee period and maintenance commitment.
(4)
Detailed planting areas, which are not clearly legible on plans at a smaller scale, shall be shown at a scale of one inch equals 30 feet or larger, to depict the detail. This may be necessary to communicate plantings around signage, project entries, in courtyards, tot-lots or building foundations, for example.
E.
Standards for plant material.
(1)
Plant species selected shall be suitable to the site’s microclimate, be appropriate for the intended function, be proportional to site features, and minimize the amount of maintenance required.
(2)
With the exception of transplanted material, all proposed plant materials shall be nursery-grown, disease-free, and shall conform to the standards listed in American Standard for Nursery Stock, ANSI Z60.1, current edition, published by the American Nursery and Landscape Association (ANLA).
(3)
Plant material shall conform to the following minimum sizes and root condition:
(a)
Shade and street trees shall have a minimum caliper of three inches to 3 1/2 inches, measured six inches above ground level, and a minimum height of 13 feet to 15 feet at installation. A minimum of 50% of the trees shall be native to the region. Multiple-trunked trees should be identified as such in the plant list. Multiple-trunked trees shall be counted as one tree.
(b)
Ornamental and flowering trees shall have a minimum height of eight to 10 feet at installation. Multiple-trunked trees should be identified as such in the plant list. Multiple-trunked trees shall be counted as one tree.
(c)
Evergreen trees shall have a minimum height of six feet at installation.
(d)
The roots of all trees shall be contained in soil, and shall be balled and burlapped, except as otherwise noted in this chapter.
(e)
Upright shrubs shall be a minimum height of three feet at planting. Spreading shrubs shall be a minimum of 18 inches in spread at planting.
(f)
Ground covers, perennials, bulbs and annuals shall be appropriate to type.
(4)
A variety of plant species are encouraged to avoid monocultures, to encourage long-lived species, and to promote wildlife habitat. Tree and shrub plantings shall contain the following minimum species mix:
Number of Trees | Minimum Species | |
|---|---|---|
1 to 9 | 1 | |
10 to 49 | 2 | |
50 to 99 | 3 | |
100 to 199 | 4 | |
Over 200 | 5 |
Number of Shrubs | Minimum Species | |
|---|---|---|
1 to 49 | 1 | |
50 to 99 | 3 | |
Over 100 | 5 |
(5)
Other plant types, such as those marginally hardy to the area or those which have an unusual form, and/or nonvegetative features, such as water or rock gardens, may be incorporated into required planting areas. However, only those plants, which meet the requirements above, may be counted toward satisfying the minimum planting requirements of this chapter.
(6)
Guarantee and maintenance. All landscape materials, including compensatory and transplanted trees depicted on the approved landscape plan, shall be financially secured, guaranteed and maintained, including, without limitation, compliance with the following:
(a)
All landscape improvements to be provided shall be installed and maintained by accepted practices as recognized by the American Nursery and Landscape Association. Planting and maintenance of vegetation shall include, as appropriate, but not necessarily be limited to, provisions for surface mulch, staking and guying, irrigation, fertilization, insect and disease control, pruning, mulching, weeding and watering.
(b)
The applicant shall make arrangements acceptable to the Township that all landscape improvements installed in accordance with this chapter shall be guaranteed and maintained in a healthy and/or sound condition, or otherwise be replaced by equivalent improvements, for a period of at least two years following their installation. The guarantee period shall be noted on the plans.
(c)
After installation and prior to commencement of the guarantee period required above, the Township shall perform an inspection of the finished site for compliance with the approved landscape plan. Following this inspection, an as-built landscape plan shall be furnished to the Township by the applicant. Provided the finished site is found to be in compliance, the two-year guarantee period shall commence five days from the date of inspection.
(d)
Plants found to be in poor health or lacking normal growth habit during the two-year guarantee period shall be replaced with nursery-grown plants, in accordance with the approved landscape plan, within 60 days of being notified by the Township, or during the next planting season, if notified out of season. All replacement plants shall be subject to a new two-year guarantee period.
(e)
Where accidental damage or vandalism of plants occur, the applicant shall replace the damaged plant material in accordance with the original or an approved modified landscape plan.
(f)
The applicant shall be required to escrow sufficient funds for the maintenance and/or replacement of the proposed vegetation, including compensatory plantings, during the two-year guarantee period. The escrow amount shall be equivalent to 110% of the amount of the cost estimate submitted with the approved landscape plan. In addition, an escrow shall be required for existing plants being disturbed by construction activities and/or transplanted plants that are being used to satisfy the minimum requirements contained in this chapter. This amount shall be equivalent to 110% of the cost of replacement with nursery-grown stock, based on the number of tree credits received for each existing tree or transplant. An escrow is not required for existing preserved trees outside the construction limits, or for transplanted material not being used to satisfy the minimum requirements of this chapter.
F.
Transplanted plants.
(1)
On a case-by-case basis, provisions may be made for the moving of existing trees, shrubs or other natural features to other locations on the site if requested by the applicant or the Planning Board.
(2)
When used to satisfy a minimum requirement contained in this chapter, the transplanted plant materials shall be at least the same size as required nursery-grown material, and shall also be subject to the same protection, maintenance and guarantee requirements of this section.
(3)
Transplanted material shall be handled according to the ANLA’s guidelines and pruned according to the NAA’s publication “A300 Pruning Standard.” When pruning, a more conservative crown clearing is recommended, removing up to 25% of the branches.
G.
Compensatory planting.
(1)
In the event that preservation of existing trees within the tree protection zone (outside of the development zone) is impossible, and/or relocation of improvements impractical, then compensatory planting shall be required for each live tree within the tree protection zone, and each specimen tree anywhere on the site.
(2)
Trunk diameters shall be measured according to the following guidelines.
(a)
For single-trunked shade trees, at a point 4 1/2 feet above ground level.
(b)
For single-trunked ornamental trees, at a point 12 inches above ground level.
(c)
For evergreen trees, at a point 12 inches above ground level.
(d)
For multitrunked trees that branch between one and 4 1/2 feet above ground level, at a point just below the split.
(e)
For multitrunked trees that branch below one foot above grade, the diameter shall be 60% of the sum total of all trunks measured at a point 4 1/2 feet above ground level.
(3)
Compensatory trees shall be provided in the following ratios, based on the sum total of the diameter inches of trees being removed. These standards are applicable to both deciduous and evergreen trees. Compensation is not required for shrubs, unless otherwise required by the Planning Board.
(a)
For trees five to 24 inches in diameter, one inch of new tree caliper shall be provided for every one inch of existing tree diameter cut or removed.
(b)
For trees 24 inches in diameter or greater (specimen trees), two inches of new tree caliper shall be provided for every one inch of existing tree diameter cut or removed.
(c)
For existing street trees within the right-of-way, one tree, with a caliper of three to 3 1/2 inches, shall be replanted in the street tree planting strip.
(d)
For other significant areas of woods containing deciduous trees smaller than five inches in diameter, or evergreens less than six feet in height, replanting shall be with seedling material, of comparable native species, placed on a ten-foot-by-ten-foot grid. Compensation shall be at a rate of one square foot of new planting area for one square foot area of disturbance. This material may be bare root or container-grown stock.
(4)
The number of compensatory trees should be calculated from the total diameter inches to be replaced, divided by three, rounded up to the next whole number.
(5)
Compensatory trees shall be three to 3 1/2 inches in caliper, and planted in accordance with the standards contained within Subsection E above. Evergreen and ornamental trees may be substituted at a ratio of 2:1 shade tree, for up to 50% of the requirement. Alternative types of compensatory planting may be permitted, when approved by the Planning Board.
(6)
Locations of compensatory trees must be clearly labeled on the landscape plan. They may be placed anywhere on the site, but are in addition to other required trees.
(7)
In the event that the applicant establishes to the satisfaction of the Planning Board that constraints incident to the land itself (including, without limitation, extreme topography, unsuitable soils, rock outcrops and existing uninterrupted dense canopy) render it impractical to locate on the lot the required number of compensatory trees, then, at the election of the Planning Board, the applicant shall: install a portion of the required compensatory trees on other public lands within the Township; contribute to the Township the estimated cost of those trees which cannot practically be installed on the property for later installation of trees on public lands; and/or install fewer, larger or more valuable compensatory trees on the lot with an aggregate cost as installed and guaranteed not less than the estimated aggregate cost of the required number of compensatory trees. Whichever alternative is elected by the Board shall serve as the basis for calculating the required financial security in conformance with Subsection E(7)(f) above.
H.
Street trees.
(1)
Street trees shall be required along all existing or proposed public or private streets when they abut or lie within the proposed subdivision or site plan, and are in addition to other required plantings.
(2)
Street trees shall be placed in a planting strip located between the proposed sidewalk and curb, within the right-of-way line. Where no sidewalks are proposed and are not planned in the future, the trees shall be placed five feet behind the curb or edge of pavement. Street trees shall not be planted within clear sight triangles, as defined in this chapter.
(3)
Street trees shall comply with the size and spacing requirements below. A minimum of 50% of the proposed street trees shall be native to the region.
Tree Size (feet) | Planting Interval (feet) | |
|---|---|---|
Large trees (40+) | 40 | |
Medium-sized trees (30-40) | 30 | |
Small trees (to 30) | 20 |
(4)
The linear footage of right-of-way or pavement frontage shall be divided by the planting interval, without deducting the areas of driveway cuts or crosswalks. Fractions shall be rounded up. Trees shall be distributed along the entire planting strip, although they need not be evenly spaced.
(5)
To prevent the total obliteration of sections of trees by disease or insect infestation, a variety of trees shall be used in each street tree planting. Species mix shall conform to Subsection E(4) above. Street tree species should not be alternated, but should be grouped at the designer’s discretion. This does not preclude the limited use of a singular species of tree to create a strong design statement. In general, no more than 20 trees in a row or in a cluster should be of the same species, unless otherwise approved.
(6)
In certain rural sections of the Township, the planting of groves or clusters of street trees may be more appropriate to replicate the naturally occurring patterns of succession. In these cases, the following additional guidelines shall apply:
(a)
Two street trees with a minimum one-and-one-half-inch to two-inch caliper may be substituted for each one required street tree.
(b)
Clusters shall contain from two to seven trees. The number of trees in each sequential cluster should be varied.
(c)
The trees within the clusters shall be spaced from 15 feet to 30 feet on center.
(d)
The maximum distance between clusters shall be no greater than 75 feet.
(e)
The width of the tree planting strip may extend up to 15 feet onto the lot from the right-of-way line.
(7)
Alternate arrangements to create a special effect (i.e., columnar trees spaced 15 feet on center at a development entry) may be permitted on a case-by-case basis, when approved by the Planning Board.
(8)
Trees shall be planted so as not to interfere with the installation and maintenance of sidewalks and utilities, in accordance with the following guidelines.
(9)
Plantings shall not block, impede or interfere with the installation, safe use, operation or maintenance of roadways, sidewalks, sight easements, utilities, and lighting in accordance with the following guidelines. Plantings shall not be of an invasive nature, weedy or brittle character, easily susceptible to pest infestations and/or diseases, or possess hazardous characteristics (bee-attracting, poisonous, thorny) when used in areas designated for sitting or play.
(a)
Five feet from curbs and sidewalks. If trees are located closer than 10 feet to a sidewalk, root barriers shall be placed along the tree side of the sidewalk for a distance of 12 feet, centered on the trunk. Root barriers are not required along the curb;
(b)
Ten feet from underground utilities;
(c)
Fifteen feet from overhead utilities, unless the use of small shade or ornamental trees is approved; and
(d)
Trees planted adjacent to sidewalks shall be limbed to a minimum of seven feet.
(10)
The street tree requirement may be waived where existing preserved vegetation is considered sufficient to meet these requirements, and is reasonably assured of continued survival.
(11)
If tree pits are used within paved areas, they may be covered with tree grates and/or a variety of porous materials; however, the minimum surface area for gas exchange must be 15 square feet per tree, unless otherwise approved by the Planning Board.
I.
Landscaping for parking lots, loading and vehicle storage areas.
(1)
Except for detached single-family and two-family dwelling units, a screen planting, berm, fence, wall or combination thereof, no less than four feet in height, measured from the center line of the adjacent street, shall be provided between the off-street parking areas and any lot line or street line except where a building intervenes or where the distance between such areas and the lot line or street line is greater than 150 feet.
(2)
All site plans/subdivisions that contain parking lots, access lanes and service drives shall be designed to include planting islands, divider strips and/or building foundation plantings. Such landscaped areas shall be distributed throughout the vehicular use area, or along their perimeter, in order to break the view of parked vehicles in a manner not impairing visibility.
(3)
Planting islands shall conform to the following standards:
(a)
Planting islands shall be distributed throughout the parking lot, according to one of these two formulas:
[1]
One planting island, a minimum of nine feet wide by 18 feet long, spaced not more than 180 feet apart, or every 20 parking stalls, in single or double bays; or
[2]
One diamond tree pit, a minimum of four feet square, spaced not more than 45 feet apart, or every five parking stalls in double bays. These are to be placed at an angle of 45° to the stalls, at the conjunction of four adjacent stalls. In addition, islands 18 feet in width shall be provided at the ends of rows in which diamond tree pits are used.
(b)
Islands should be placed opposite each other in adjacent rows of parking, to reduce the number of raised islands, and to increase the area available for tree roots.
(c)
The last parking stall in a row shall be separated from drive aisles by a planting island, a minimum of nine feet in width.
(d)
Each planting island shall contain one shade tree plus three shrubs, ground cover, perennials and/or mulch to cover the entire area at maturity. At least 50% of the proposed shade trees shall be native to the region. Shrubs located at the ends of the islands shall be maintained at a maximum height of 2 1/2 feet for sight line and safety purposes.
(4)
Divider strips shall conform to the following standards:
(a)
Divider strips shall be placed at every other bay of parking, running the length of the rows of parking, and be landscaped with plantings of shade, ornamental, and/or flowering trees, plus shrubs, ground cover and/or mulch to cover the entire area at maturity. A “bay of parking” is the width of pavement needed to accommodate either one or two rows of parking stalls plus one access lane.
(b)
Divider strips shall be a minimum of 10 feet wide, unless a sidewalk is proposed within the divider strip, then the divider strip shall be increased in width by six feet. An approved root barrier shall be placed along the tree side of the sidewalk for a distance of 12 feet, centered on the trunk.
[1]
The quantity of shade trees required shall be calculated at one tree per 40 feet of divider-strip length, exclusive of end islands. Two ornamental trees may be substituted for one shade tree, for up to 50% of the requirement. The trees need not be spaced evenly apart; however, the maximum spacing shall be 50 feet.
[2]
The quantity of shrubs shall be calculated at one shrub per 10 feet of divider strip, exclusive of end islands. Shrubs shall be spaced according to size, but not more than five feet apart. Gaps may be placed between the shrub plantings to provide areas for ground covers, decorative mulch beds, artwork, crosswalks, or flowering plants. Shrubs within 10 feet of the ends of the strips shall not exceed 2 1/2 feet in height, so as not to block visibility. This shall not preclude the use of taller shrubs elsewhere within the divider island.
(5)
All loading areas shall be landscaped and screened sufficiently to obscure the view of the parked vehicles and loading platforms from any public street throughout the year. Such screening shall be by an extension of the building, a fence, berm, wall, planting or combination thereof and shall not be less than five feet in height at the time of planting, and eight feet in height at maturity.
(6)
To prevent conflicts with the opening and closing of automobile doors, and to reduce damage from automobile overhangs, all shrub plantings in parking lot islands and divider strips located adjacent to or abutting parking stalls shall be set back a minimum of two feet from the curb or edge of pavement.
(7)
Plantings required within the parking areas are exclusive of other planting requirements such as street trees, buffer and compensatory plantings.
J.
Facade plantings. To break up long stretches of facade and provide a more comfortable pedestrian environment, plantings shall be placed along the sides of buildings facing parking lots and street rights-of-way, according to the following standards:
(1)
Plantings are required for all sides of a non-single-family residential building facing parking lots or areas intended primarily for pedestrian use. Plantings are not required along the sides of buildings containing service or loading areas, unless they also face parking areas. If part of a side of the building faces parking, only that portion is subject to these requirements.
(2)
Plantings are required for all sides of a non-single-family residential building facing a street right-of-way.
(3)
Plantings shall front a minimum of 50% of the length of the building and any outdoor retail, cafe or occupied areas. Screen plantings are not required in front of outdoor sales or cafe areas; however, consideration should be given to placing some of the required trees in front of these areas.
(4)
Facade plantings should consist of a minimum of 50% evergreen material to ensure that landscaping is present during the late fall to early spring seasons.
(5)
The minimum planting requirement shall be one shade tree per 40 feet of building facade, plus six shrubs (including ornamental grasses with a minimum height of three feet) per 20 feet of building facade, outdoor retail, cafe or other occupied areas. To allow for design flexibility, the following substitutions may be made:
(6)
Plantings may be placed in a lawn area, tree pits, and/or planters as appropriate to the character of the development, using the following guidelines as to placement:
(a)
Shade trees shall be placed at least 15 feet from a building wall. Ornamental and evergreen trees shall be placed at least 10 feet from a building wall.
(b)
If any tree is located closer than 10 feet to a sidewalk, approved root barriers shall be placed along the tree side of the sidewalk for a distance of 12 feet, centered on the trunk.
(c)
Planters shall be at least 30 inches high, but no higher than 42 inches, and contain drainage holes.
K. DEVELOPMENT ZONE TREE PROTECTION ZONE
Definitions. As used in this section, the following terms shall have the meanings indicated:
The area where the majority of development on a site will take place. This area is located outside of the tree protection zone, and is typically where buildings, parking lots and stormwater basins are proposed. Only specimen trees (24 inches and greater) are to be compensated for within the development zone.
An area bounded by the parameters outlined in Subsection C(2)(c) where trees are to be preserved as much as possible. All trees five inches or greater that are removed from this area must be compensated for.
§ 203-69 Buffer and screen standards.
[Amended 12-15-2003 by Ord. No. 2003-24]
B.
Type, location and width.
(1)
Buffers are required in the following locations:
(a)
Along all lots and streets separating residential and industrial uses from arterial and collector streets;
(b)
Separating all nonresidential uses from residential uses or zoning districts;
(c)
On reverse-frontage lots, adjacent to the higher-classified street right-of-way; and
(d)
Along all state highways and railroad rights-of-way.
(2)
Screens are required in the following locations:
(a)
Along all street lines where loading and storage areas can be seen from the street;
(b)
Along all nonaccessible sides of trash enclosures, equipment or storage buildings and yard and utility boxes;
(c)
Along the entire perimeter of stormwater management basins; and
(d)
Around the perimeter of all parking lots or other similar vehicle use areas (i.e., service stations and bank/fast-food drive-through lanes).
(3)
Width of buffers and screens.
(a)
Where a nonresidential district or use is proposed to be developed contiguous to a residential district or use, the nonresidential user shall provide a planted buffer 75 feet in width within the nonresidential district.
(b)
Where an industrial or manufacturing district or use is contiguous to an office or commercial district or use, a buffer 25 feet in width shall be located within the district where the development is taking place.
(c)
Where a residential district or use is proposed to be developed contiguous to a commercial or office district or use, a twenty-five-foot buffer shall be provided within the residential district.
(d)
Where a residential district or use is proposed to be developed contiguous to an industrial district or use, a fifty-foot buffer shall be provided within the residential district.
(e)
Where a residential district or use is proposed to be developed contiguous to a manufacturing district or use, a buffer 75 feet in width shall be provided within the residential district.
(f)
Where a residential district or use, other than single-family or two-family residential, is proposed to be developed contiguous to a residential district or use, a fifteen-foot buffer shall be provided.
(g)
Where a single-family or two-family residential use is proposed to be developed contiguous to a non-single-family residential district or use, a fifteen-foot buffer shall be provided in the district where the development is taking place.
(h)
Where a single-family residential use is proposed to be developed contiguous to another single-family residential district or use, no buffer is required.
(i)
If a road should separate two districts or uses, a buffer 15 feet in width shall be provided within the district where the development is taking place.
(4)
Buffer and screen widths shall be measured horizontally. If a reduction in buffer width is granted by the approving authority, then the minimum shrub planting requirements shall be doubled.
(5)
Buffer and screen widths shall be in addition to the normal depth and/or width of the lot required in a residential district. The area included in the buffer or screen strip shall not be included in calculating the minimum lot area as required by the specific residential district in which the lot is located. This strip shall be part of the development and shall be designated on the plan: “This strip is reserved for buffering and/or screening. The placement of any structure hereon is prohibited.”
C.
General buffer and screen composition and planting standards.
(1)
Buffer may be comprised of existing vegetation and natural features, proposed new or transplanted vegetation, fences, walls and/or berms. When berms are included in a buffer, a curvilinear or naturalistic arrangement is encouraged. Existing vegetation and natural features may be used as a buffer or screen only at the discretion of the Board, and only if such features meet the intent of this section.
(2)
No structure, activity, storage of materials or parking of vehicles shall be permitted within a buffer or screen area.
(3)
The location and design of buffers and screens shall consider the use being screened, the distance between the use and the property line, differences in elevations, the types of buffers or screens and other combinations of man-made and natural features. The buffer or screen shall be designed, planted, graded, landscaped and developed with the general guidelines that the closer a use or activity is to the property line, or the more intense the use, the more effective the buffer or screen must be in obscuring light and vision, and reducing noise beyond the lot.
(4)
The following methods shall be used for the purpose of calculating the amount of plant material required within a buffer or screen.
(a)
A buffer length shall be measured at the property line or right-of-way line and shall include all existing or proposed driveway openings or easements.
(b)
Where buffer areas overlap, as in the case of side and rear tract boundaries, only the more stringent buffer shall apply in the area of overlap. However, care shall be taken to avoid unplanted gaps in what would be the area of overlap.
(c)
The length of the perimeter of stormwater management basins shall be measured along the center of the basin’s rim.
(5)
All buffer and/or screen plantings along state highways shall require a berm as an integral part of the landscaping.
(6)
All plantings shall conform to the size and standards prescribed in § 203-68E(3).
(7)
At least 50% of all shade trees and 25% of all shrubs shall be native to the region.
(8)
At least 50% of the shrubs shall be evergreen.
(9)
Up to 50% of the required shade trees may be substituted with ornamental trees at a ratio of two ornamental trees for each shade tree.
(10)
Up to 50% of the required shrubs may be substituted with ornamental grasses, which will attain a minimum height of three feet.
(11)
A minimum of 50% of the required buffer width must contain required plantings.
(12)
Plants shall be distributed throughout the entire length of buffers and screens, but need not be evenly spaced. However, there shall be no more than 100 feet between shade trees, 50 feet between evergreen trees, and 50 feet between shrub clusters.
(13)
Buffer and screen plantings shall be broken at points of vehicular and pedestrian access, outside of clear sight triangles.
(14)
The remainder of the buffer area shall be planted with ground covers, including lawn grasses or meadow plantings, as appropriate to the character of the site and adjacent lands.
D.
Specific buffer and screen requirements.
(1)
Buffers shall contain the following type and quantity of plant material per 100 feet of buffer length and achieve 80% opacity after five years' growth.
(2)
Screens shall contain the following type and quantity of plant material:
(a)
Loading/storage areas and trash enclosures shall be screened using evergreen trees and shrubs that will achieve 100% opacity after three years growth.
[1]
If a decorative wall or solid fence is proposed, then a low screen may be used consisting of, at a minimum, evergreen and/or deciduous shrubs a minimum of three feet in height at time of planting.
[2]
If no wall or fence is proposed and vegetation will act as the only screen, then a high screen consisting of large evergreen shrubs, spaced no more than four feet on center or as needed to form a continuous screen of eight feet in height after five years’ growth, or evergreen trees spaced 12 feet on center, with evergreen shrubs placed between the evergreen trees, shall be planted.
(b)
Stormwater management basins shall be screened based on the following quantities of plant material and shall achieve 50% opacity after five years’ growth.
[1]
One shade tree, plus two evergreen trees, plus 10 shrubs, plus either 20 groundcover shrubs or 300 herbaceous groundcover plants or bulbs per 100 feet of basin perimeter length.
[2]
Up to 50% of the groundcover shrubs may be substituted with perennials at a rate of two perennials per groundcover shrub.
[3]
Basin headwall and other structures shall be screened with required plantings; however, plantings shall not impede the basin’s function.
(c)
Parking lots/vehicle use areas shall be screened based on the following quantities of plant material and shall achieve 50% opacity after five years’ growth.
[1]
A low screen comprised of evergreen and/or dense deciduous shrubs, capable of obscuring the glare of automobile headlights, shall be evenly spaced to form a contiguous screen or hedge throughout the year and shall be a minimum height of three feet at time of planting.
(3)
If a use is not listed, the screen most suited to the use shall be used.
§ 203-70 Fences.
A.
General regulations.
(1)
No fences shall be erected within the municipality without the owner of the premises or his representative, authorized in writing to make such application, first obtaining a zoning permit from the Zoning Officer.
(2)
Application for such fences shall be made in writing to the Zoning Officer and shall set forth the following information:
(a)
The owner and address of the premises where the fence is to be erected.
(b)
A description and specifications of the fence, including size, height, dimensions, material and size and percentage of openings.
(c)
A sketch or plan of the fence.
(d)
A certified plot plan or survey of the premises in question, which shall show streets abutting and at the nearest intersection and shall approximately indicate the location of structures within 10 feet of the fence.
(4)
Any existing deed restrictions are not be superseded by this section.
(5)
Fences accessory to farm operations are exempt from the requirements of this section with respect to permit, fee, construction or materials. This exemption shall not extend to that percentage of farm property set aside for residential purposes as delineated upon the property record cards of the Township.
B.
Regulations for residential lots. Fences on residential lots may be erected as hereinafter set forth:
(1)
Fences shall be no closer than one foot to the Township road, street and/or right-of-way.
(2)
Fences not exceeding 48 inches in height above ground level may be erected between the building line and the road, street and/or right-of-way.
(3)
Fences not exceeding six feet in height above the ground level may be erected between the front building line to the side property lines and to the rear of the property.
(4)
Front fences on corner properties shall not be constructed of materials that would block the view of vehicular traffic at the intersection.
(5)
Fences must be maintained by the owner and kept in alignment and shall be maintained in a safe, sound and upright condition and in accordance with the approved plan on file with the Construction Official.
(6)
In all cases where fencing is erected along or adjacent to a front property line or between such a front property line and the actual building line, or both, or along or adjacent to any property line bordering on any street and the actual building line with respect to such street, or both, said fencing shall not exceed a height of four feet. Along other locations, the height limit is six feet. The maximum height shall be measured from the natural grade of the land.
[Amended 6-6-2005 by Ord. No. 2005-16]
(7)
No fence, wall or hedge shall contain spikes, sharp objects, barbed wire, razor-ribbon or any other similarly dangerous material which may be hazardous to persons or animals except as described below in Subsection B(8).
[Amended 6-6-2005 by Ord. No. 2005-16]
(8)
The following fences and walls and construction materials related thereto are specifically prohibited in all districts in the Township of Woolwich: barbed wire, canvas, cloth, expandable and collapsible fences and slat fences of any type. The ban on barbed wire shall not apply to fences or walls located on and necessary to the operation of a livestock farm which is in excess of five acres, or to barbed wire strands placed atop a security fence or wall constructed between six feet and eight feet in height around a conforming commercial or industrial use, provided that the fence or wall conforms to all other conditions as described below in Subsection C(3), and that no barbed wire be permitted in the front yard of nonfarm uses.
[Added 6-6-2005 by Ord. No. 2005-16]
(9)
All fences must be installed with the side where the supporting posts or poles are most visible facing the inside or towards the lot the fence is erected on. The side where the supporting posts or poles is least visible and is the most finished must face the outside or adjoining lots or the public right-of-way.
[Added 6-6-2005 by Ord. No. 2005-16]
(10)
All fences must be erected within the property line, and no fence is to be erected so as to encroach upon the public or private right-of-way, easements, restrictions or declarations and covenants without the request and issuance of an "encroachment permit."
[Added 6-6-2005 by Ord. No. 2005-16; amended 4-17-2006 by Ord. No. 2006-10; 7-15-2019 by Ord. No. 2019-10]
C.
Regulations for nonresidential lots.
(1)
Fences shall be no closer than one foot to a Township road, street and/or right-of-way.
(2)
Fences shall not be less than four feet in height.
(3)
Barbed wire fences are prohibited in all commercial areas except as indicated below:
[Added 6-6-2005 by Ord. No. 2005-16]
(a)
The fences are needed to prevent entry into a hazardous area.
(b)
The fences are needed to secure an area where materials, equipment and/or machinery are stored.
(c)
In such other situations where the Zoning Officer determines that there are reasons justifying the construction of barbed wire fencing.
(d)
Where such fences are permitted, the fact that they are barbed wire shall be clearly indicated on the fence at intervals of not more than 75 feet.
D.
Encroachment permits:
[Added 7-15-2019 by Ord. No. 2019-10]
(1)
Fences to be erected or replaced that are located in a public utility easement require an encroachment permit from the Director of Municipal Services.
(2)
A fence of permitted height and design may be constructed along or upon common property lines and across any utility easement so as to allow maximum use of the area to be enclosed. Fences placed on utility easements shall provide access to manholes, utility boxes, cleanouts, or other apparatus that may be used from time to time for maintenance of the utility.
(3)
Fences in drainage easements shall require prior approval of the Director of Municipal Services to allow for proper flow of water.
(a)
All fence posts within drainage easements shall be set in sand or stone only (concrete or like materials shall be prohibited)
(b)
Fence panels shall have at minimum a two-inch space between the ground and the lowest portion of the fence panel. Once installed all fences within a drainage easement shall be inspected for compliance.
(c)
The required two-inch space between the fence panel and the ground shall be maintained by the homeowner at his/her expense without remuneration from the Township.
(4)
When a fence is being installed it may not be installed across or on top of a utility box, manhole, or other public apparatus for maintaining utilities.
(5)
When the positioning of a fence obstructs access to a utility box, manhole, or other public apparatus for maintaining utilities, the homeowner shall be required to remove such fence to allow access by the Township at his/her sole expense without remuneration from the Township.
(6)
The Township shall not issue an "encroachment permit" for any New Jersey Board of Public Utilities Easement. Homeowners may contact the New Jersey Board of Public Utilities for further assistance.
§ 203-71 Garbage and refuse disposal units.
A.
All trash enclosures shall be located so as to be hidden from passing motorists.
B.
All trash disposal units shall be enclosed by a decorative fence or masonry wall a minimum height of six feet with either welded steel panel or solid wooden gates.
C.
Where refuse disposal units are used in townhouse or apartment dwellings, the following requirements shall apply:
§ 203-72 Open space and greenway lands.
[Amended 8-1-2005 by Ord. No. 2005-25; 12-5-2005 by Ord. No. 2005-39; 10-27-2008 by Ord. No. 2008-19]
A.
Intent. Protected farmland, open space and greenway lands (referred to herein as "greenway lands") in all subdivisions shall meet the standards below.
B.
Uses permitted on greenway lands. The following uses are permitted on greenway land areas:
(1)
Conservation of open space in its natural state (for example, woodland, fallow field, or managed meadow);
(2)
Agricultural and horticultural uses. Such uses may include raising crops or livestock; wholesale nurseries; associated buildings that are specifically needed to support an active, viable agricultural or horticultural operation;
(3)
Pastureland for horses based on best management practices;
(4)
Forestry, in keeping with established best management practices for selective harvesting and sustained yield forestry;
(5)
Neighborhood open spaces uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses, specifically excluding motorized off-road vehicles, shooting ranges, and other uses similar in character and potential impact as determined by the Joint Land Use Board;
(6)
If greenway land becomes a public park; active noncommercial recreation areas, such as playing fields, playgrounds, courts, and bikeways, provided such areas do not consume more than half of the minimum required greenway land. Playing fields, playgrounds, and courts shall also be permitted, and they shall generally be gravel-surfaced, properly drained, and provide safe ingress and egress;
(7)
Water supply systems and stormwater detention areas designed, landscaped, and available for use as an integral part of the greenway;
(8)
Easements for drainage, access, sewer, or water lines, or other public purposes; and
(9)
Underground utility rights-of-way. Aboveground utility and street rights-of-way may traverse conservation areas but shall not count toward the minimum required greenway land.
C.
Greenway design standards.
(1)
Greenway lands shall, whenever possible, be laid out in general accordance with the Township's greenways system and farmland preservation designed maps as included in the Woolwich Township Open Space and Recreation Plan of 2004 to encourage the development of an interconnected network of open space. The required greenway land may consist of a mixture of primary conservation areas (SCAs), which shall be included in the greenway lands to the greatest extent possible. PCAs comprise floodplains, wetlands, and slopes over 10%. SCAs include mapped areas showing high groundwater recharge (11 inches to 14 inches per year), natural heritage priority areas, and critical habitat areas as designed by the landscape project, as well as other scenic, natural and historic features such as viewsheds, natural swales, and historic structures that may be unmapped but should be incorporated into site plans or subdivisions during the site visit.
(2)
In Option 1 subdivisions (as per §§ 203-40, 203-41, and 203-42), the greenway land comprises a minimum of 50% of the gross tract area. This land shall generally remain undivided and may be owned and maintained by a homeowners' association, land trust, another conservation organization reorganized by the Township, or by a private individual (typically as part of the original farmhouse). These ownership options may be combined so that different parts of the greenway land may be owned by different entities.
D.
Other requirements.
(1)
No portion of any building lot may be used for meeting the minimum required greenway land. Greenway land may be located so as to meet any potential needs of the neighborhood. Active agricultural land with farm buildings, excluding areas used for residences, may be used to meet the minimum required greenway land.
(2)
Pedestrian and maintenance access, excluding those lands used for agricultural or horticultural purposes in accordance with Subsection B(2) herein, shall be provided to public greenway land in accordance with the following requirements:
(a)
Each neighborhood shall provide one centrally located access point per 15 lots, a minimum of 35 feet in width.
(b)
Access to greenway land for agriculture may be appropriately restricted for public safety to prevent interference with agricultural operations, provided that access for farming operations is permitted.
(3)
All greenway land areas that are not public parks, or being farmed, shall be left in a natural state. Greenway lands that are left in a natural state, whether held as public or private land, shall be exempt from the requirements of the Township Property Maintenance Ordinance,[1] with the exception of a six-foot-wide buffer from roads, sidewalks, and pathways.
E.
Permanent greenway protection through conservation easements.
(1)
In Option 1 subdivisions (as per §§ 203-40, 203-41, and 203-42), all greenway land provided shall be subject to permanent conservation easements prohibiting future development and defining the range of permitted activities. For example, the clearing of woodland habitat shall generally be prohibited, except as necessary to create trails, active recreation facilities, and to install subsurface septic disposal systems or spray irrigation facilities. A list of permitted uses of greenway lands is contained in this section in Subsections B and C.
(2)
The Joint Land Use Board may require portions of fee simple lots to be encumbered by conservation easements to protect valuable or sensitive natural features or landscape features on such lots.
F.
Ownership of greenway land and common facilities.
(1)
Development restrictions. All greenway land shall be permanently deed restricted from future subdivision and development. Under no circumstances shall any development be permitted in the open space at any time, except for those uses listed in Subsection B.
(2)
Ownership options. The following methods may be used, either individually or in combination, to own common facilities. Common facilities shall not be transferred to another entity except for transfer to another method of ownership permitted under this section, and then only when there is no change in the common facilities or in the open space ratio of the overall development. Ownership methods shall conform to the following:
(b)
Condominium association. Common facilities may be controlled through the use of condominium agreements. Such agreements shall be in accordance with relevant state law. All open space and common facilities shall be held as "common element."
(c)
Homeowners' association. Common facilities may be held in common ownership by a homeowners' association, subject to all of the provisions for homeowners' associations set forth in state regulations and statutes. In addition, the following regulations shall be met:
[1]
The applicant shall provide the Township a description of the organization of the proposed association, including its bylaws, and all documents governing ownership, maintenance, and use restrictions or common facilities.
[2]
The proposed association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the sale of any dwelling units in the development.
[3]
Membership in the association shall be automatic (mandatory) for all purchasers of dwelling units therein and their successors in title.
[4]
The association shall be responsible for maintenance and insurance of common facilities.
[5]
The bylaws shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent in his dues. Such dues shall be paid with the accrued interest before the lien may be lifted.
[6]
Written notice of any proposed transfer of common facilities by the association or the assumption of maintenance for common facilities may be given to all members of the association and to the Township no less than 30 days prior to such event.
[7]
The association shall have adequate staff to administer, maintain, and operate such common facilities.
(d)
Private conservation organization or the county. With permission of the Township, an owner may transfer either fee simple title of the open space or easements on the open space to a private nonprofit conservation organization or to the county, provided that:
[1]
The conservation organization is acceptable to the Township and is a bona fide conservation organization intended to exist indefinitely;
[2]
The conveyance contains appropriate provisions for proper reversion or transfer of ownership in the event that the organization or Gloucester County becomes unwilling or unable to continue carrying out its functions;
[3]
The greenway land is permanently restricted from future development through a conservation easement and the Township is given the ability to enforce these restrictions; and
[4]
A maintenance agreement acceptable to the Township is established between the owner and the organization or Gloucester County.
(e)
Non-common private ownership. At the discretion of the Joint Land Use Board, up to 100% of the required greenway land may be included within one or more large "conservancy lots" of at least 10 acres, provided the open space is permanently restricted from future development through a conservation easement, or farmland preservation except for those uses listed in Subsection B, and that the Township is given the ability to enforce these restrictions.
(3)
Dedication of easements to the Township. The Township may, but shall not be required to, accept easements for public use of any portion of the common land or facilities. In such cases, the facility remains in the ownership of the condominium association, homeowners' association, or private conservation organization while the easements are held by the Township. In addition, the following regulations shall apply:
(4)
Maintenance of greenway land and common facilities.
(a)
Unless otherwise agreed to by the Joint Land Use Board, the cost and responsibility of maintaining common facilities and greenway land shall be borne by the property owner, condominium association, homeowners' association, or conservation organization.
(b)
The applicant shall, at the time of preliminary plan submissions, provide a plan for maintenance of greenway lands and operation of common facilities in accordance with the following requirements:
[1]
The plan shall define ownership;
[2]
The plan shall establish necessary regular and periodic operation and maintenance responsibilities for the various kinds of open space (i.e., lawns, meadow, pasture, cropland, woodlands, etc.).
[3]
The plan shall estimate staffing needs, insurance requirements, and associated costs, and define the means for funding the maintenance of the greenway land and operation of any common facilities on an ongoing basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs.
[4]
The applicant may be required to escrow sufficient funds for the maintenance and operation costs of common facilities for up to one year, at the discretion of the Township.
[5]
Any changes to the maintenance plan shall be approved by the Joint Land Use Board.
(c)
In the event that the organization established to maintain the greenway lands and the common facilities, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the Township may assume responsibility for maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended.
(d)
The Township may enter the premises and take corrective action, including extended maintenance. The costs of such corrective action may be charged to the property owner, condominium association, homeowners' association, conservation organization, or individual property owners who make up a condominium or homeowners' association and may include administrative costs and penalties as stated in Article XI, Remedies and Penalties, of this chapter. Such costs shall become a lien on said properties. Notice of such lien shall be filed by the Township with the County Clerk or County Registrar.
§ 203-73 Cluster development.
A.
Cluster development shall be permitted as part of any development within an RLM or RMD Zone, provided that the parcel contains not less than 25 contiguous acres of land, that public water and sewer are available and further subject to the criteria hereinafter set forth. The term "cluster development" shall mean a development of dwellings that allows for a grouping of the structures which reduces the lot area and yard requirements and incorporates the remaining areas as open space owned as an appurtenance to ownership of the dwellings.
[Amended 8-1-2005 by Ord. No. 2005-25]
C.
Maximum density. The density of the development may be increased by a factor of not more than 25% over the applicable limitations set forth in § 203-49 for such dwelling type and district. In the event public water and sewer are not available to the development, no such increase in density shall be permitted.
D.
Area and yard requirements.
(1)
Each lot shall meet the requirements set forth in § 203-49 for the respective district with the exception that:
(a)
The minimum lot area for an individual lot may be reduced by a factor of not more than 25% of the minimum lot area set forth in § 203-49 for such dwelling type and district.
(b)
The front yard requirements may be reduced to 10 feet where a dwelling unit fronts on a private street.
(c)
The frontage requirements of up to 25% of lots for detached dwelling units or two-family dwelling units within a cluster of said units may be reduced to a minimum of 20 feet.
(2)
Minimum yards for single-family attached dwellings shall be measured from the front, side and rear of each building. The total minimum distance between the buildings shall be the sum of the two abutting yard areas. The minimum yards shall be 25 feet for front yards on public streets and 15 feet for front yards on private streets, 15 feet for side yards and 25 feet for rear yards.
(3)
No portion of any building shall be closer to any portion of another building than the combined distances of the abutting yard requirements for each building as set forth below:
(4)
Minimum parking setbacks shall be 35 feet from any county right-of-way and 20 feet from any municipal right-of-way or project entrance drive.
E.
Open space. Not less than 25% of the gross land area of the development shall be deed-restricted from further residential development set aside as open space. Not more than 50% of such open space may be designated as wetlands as designated by the United States Fish and Wildlife Service. For the purposes of this section, no drainage structure, drainage basin or utility right-of-way shall be considered open space. The open space shall be contiguous and to the greatest extent possible centrally located to the residential uses. A minimum of 200 contiguous feet of the open space shall front on a municipal right-of-way, project entrance or internal collector street. An open space organization shall be created pursuant to N.J.S.A. 40:55D-43 et seq., unless the open space is dedicated to and accepted by the Township Committee or other qualified agency.
§ 203-74 Model home, sales offices and spec homes.
[Added 4-5-1993 by Ord. No. 93-3]
A.
An applicant who has received final approval of a major subdivision of 10 or more lots may apply for permits to construct model homes or sales offices. These model homes or sales offices shall be for the purposes of marketing and may not be sold for residential purposes until all other lots in the subdivision have been purchased by perspective homeowners. In accordance with N.J.S.A. 40:55D-66, model homes or sales offices shall not be considered a business use during the period necessary for the sale of new homes within the subdivision. Model homes or sales offices and homes constructed for speculative purposes ("spec homes") shall be permitted, provided that the requirements and conditions as noted herein are satisfied prior to issuance of a zoning permit and/or construction permit.
B.
The following conditions shall apply to model homes or sales offices and spec homes, as noted herein:
(1)
Model homes or sales offices shall meet all zoning requirements which apply to the particular dwelling type and to the respective zoning district in which the subdivision is located.
(2)
There shall be a maximum of one model home or sales office or one spec home for every five lots in the subdivision.
(3)
Model homes or sales offices shall only be utilized a maximum of two years from the date the zoning permit is issued, unless extended by the Planning Board.
(4)
Frontage on an existing public street shall be improved to Township standards, or if it is a newly constructed street within the subdivision, such street shall be improved with an all-weather bituminous concrete surface meeting Township specifications.[1]
(5)
Fencing and/or supplemental landscaping may be required for any lot utilized for model home or sales office purposes.
C.
A site plan which includes the following information for each lot proposed for a model home or sales office shall be reviewed and approved prior to issuance of either a zoning permit and/or a construction permit:
(1)
Grading plan.
(2)
Landscaping and signage plan.
(3)
Floor plan and building elevations.
(4)
Parking plan.
(5)
Utilities plan indicating methods of water supply, sewage disposal and lighting.
(6)
The architectural style and type of dwelling, i.e., single-family detached, patio, townhouse, etc.
(7)
A schedule indicating the length of time the model home or sales office will be displayed for marketing purposes and the estimated dates they will be offered for sale.
D.
Sales offices may be located in a trailer for a major subdivision for limited use in all zones, provided that the preceding and the following conditions are met: A premanufactured office type model trailer may be permitted upon review and approval by the Zoning Officer for a period not to exceed two years unless renewed by the Planning Board. Permits for such trailers shall be issued by the Zoning Officer upon payment of the permit fee.
E.
Construction trailers for use by general contractors and/or subcontractors may be used on residential major subdivisions and commercial/industrial subdivisions, provided that the following conditions are met: A permit may be issued by the Construction Code Official, provided that a site plan showing the location of the proposed trailer has been approved by the Construction Code Official. Such structures will be permitted only if they pose no threat to health or safety; and provided, further, that the landowner agrees to remove and to restore the land to its original condition following completion of construction or at such time as may be determined by the Planning Board. Payment of the required permit fee shall be required prior to issuance of the permit.
§ 203-75 Use of mobile home as temporary shelter.
[Added 4-5-1993 by Ord. No 93-3]
When fire or natural disaster has rendered a single-family residence unfit for human habitation, the temporary use of a mobile home located on the single-family lot during the rehabilitation of the original residence or construction of a new replacement residence is permitted subject to the following additional regulations:
A.
Required potable water and sanitary sewer facilities shall be provided.
B.
Maximum length of permit shall be six months. The permit may be renewed for a period not to exceed 60 days in the event of circumstances beyond the control of the owner. Applications for the extension shall be made to the Planning Board at least 15 days prior to the expiration of the original permit.
C.
The mobile home shall be removed from the property within 48 hours of the issuance of a certificate of occupancy for any rehabilitated or new replacement residence.
[Amended 3-15-1999 by Ord. No. 99-6]
§ 203-76 Accessory residential structures and enlargement of residential structures.
[Added 9-9-1993 by Ord. No. 93-7]
The addition of a residential accessory use and/or enlargement of a residential structure within the SOC, HC and LIO Districts shall be permitted subject to the following special conditions:
§ 203-76.1 In-law suites.
[Added 4-20-2009 by Ord. No. 2009-04]
A.
Introduction. This purpose of this section is to provide guidance with clarifying zoning and building permit requirements for an in-law suite in a home.
B. DWELLING UNIT FAMILY/FAMILY MEMBER
Definitions. The following adopted definitions are relevant, in addition to the definitions sections under § 203-5 of the Woolwich Township Code, in determining what type of additions or remodeling may be authorized regarding "in-law suites":
One or more rooms designed for the occupancy, cooking, and sleeping of one or more persons living as a family.
An individual, or two or more persons related by blood, marriage, adoption or guardianship, occupying a single dwelling unit. The term "family/family member" does not include any organization or institutional group.
C.
Zoning requirements. Based upon the above definitions and the Township's overall Master Plan, this section does not allow dwelling unit or apartment as an authorized use in single-family zoning districts (R-1, R-2, R-3, 5A Five Acre Residential, PUD and all other approved residential zones). However, there is no prohibition in the construction of an in-law suite, provided that the following requirements are met:
(1)
Only family members shall reside in the in-law suite, and said family member must be allowed unrestricted access to the common areas of the dwelling unit (e.g., the kitchen, bathroom, living room, etc.)
(2)
The in-law suite shall not have separate gas and electric utilities (more than one meter per utility would constitute a separate dwelling unit and is prohibited).
(3)
The in-law suite shall not be located in an accessory building (this would constitute a separate dwelling unit) such as a unit over a garage.
(4)
The in-law suite shall be connected to the main heated living area of the dwelling (the suite shall not be connected to the building by a breezeway, as this would constitute a separate dwelling unit).
(5)
The in-law suite shall have principal means of access to the outside of the dwelling unit via the dwelling unit's main exterior doorways (single access to the outside to the "suite" would constitute a separate dwelling unit).
(6)
The in-law suite may have a kitchen and bathroom as well as a bedroom.
D.
Appeals. Appeals from this section or their interpretation are decided by the Joint Land Use Board in accordance with the "appeal of Zoning Officer determination" process. The appellant should contact the Land Use Department or the Zoning Officer in order to obtain additional information regarding the appeals process.
E.
Additional building permit application requirements. All permit applications shall be accompanied by the following additional information:
(1)
Construction documents, including a floor plan acceptable to the Construction Code Official, indicating the use of each room, doorway locations and demonstrating compliance with Subsection C of this section;
(2)
A signed and notarized affidavit from the property owner stating who will reside in the in-law suite and acknowledging that the in-law suite is prohibited from use as an apartment (change in owner or occupant requires a new affidavit);
(3)
A building addition location plan (if adding to the home);
(4)
Any deviation from this section requires Joint Land Use Board Approval;
(5)
Nothing in this section is intended to supersede "the right to farm" for temporary living for migrant workers.
F.
Purpose. It is the express purpose of this section to provide an economically feasible alternative to nursing home and boardinghome care so that immediate elderly family members (55 years of age or older), or disabled family members over the age of 18, can live with family members while maintaining some degree of overall independence. Additionally, this section attempts to halt the proliferation of unauthorized conversions of single-family dwelling units into two/multiple dwelling units in a single-family zone and/or unauthorized rental units.
§ 203-76.2 Use and placement of portable storage units and pods.
[Added 4-16-2012 by Ord. No. 2012-12]
A. PERSONAL PROPERTY PORTABLE STORAGE UNIT/POD PUBLIC AREA TEMPORARY
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
Any movable item or thing that is subject to ownership.
Any container designed for the storage of personal property that is typically rented to owners or occupants of property for their temporary use and which is customarily delivered and removed by truck.
Includes any street, sidewalk, highway, public lane, alley, right-of-way, easement, Township parking lot or other public place in the Township.
Having a limited duration or use; not of permanent nature.
B.
Permit required (multifamily dwellings, detached single-family residential and nonresidential). No person shall place or utilize a portable storage unit/pod or permit a portable storage unit/pod to be placed upon a property which a person owns, rents, occupies or controls without first having obtained a permit from the Township Zoning Officer. Any placement of a portable storage unit/pod on public area shall first have written approval from the Township Police Department and an approved permit from the Zoning Officer. The placement of said portable storage unit/pod must be temporary; any permanent storage unit must comply with the appropriate accessory use controls contained in the applicable zoning district as per the Woolwich Township Code.
C.
Application for permit; fees; conditions of issuance.
(1)
Application for a portable storage unit/pod shall be made by submission of the following information to the Township Zoning Officer;
(a)
Name and address of the applicant and the owner of the property, if different.
(b)
Street address where the portable storage unit/pod will be placed.
(c)
Size of the portable storage unit/pod and the proposed location of the unit.
(d)
Anticipated length of time the portable storage unit/pod will be located on site.
(e)
A sketch plot or plan of survey shall be provided to the Zoning Officer designating the specific area where the portable storage unit/pod shall be located.
(2)
The application fee and any renewal fee are $30 each, payable at the time of application.
(3)
A multifamily dwelling unit permit shall be valid for a period of three calendar days.
(4)
A detached single-family residential permit shall be valid for a period of 14 calendar days and may be renewed upon application to the Zoning Officer for an additional 14 days, not to exceed a total period of 28 days. Application for renewal shall be made prior to the expiration of the existing permit. Renewal shall be at the discretion of the Code Enforcement Officer.
(5)
A nonresidential permit shall be valid for a period of 30 calendar days and may be renewed upon application to the Zoning Officer for an additional 30 calendar days, not to exceed 60 calendar days. Application for renewal shall be made prior to the expiration of the existing permit. Renewal shall be at the discretion of the Code Enforcement Officer.
(6)
A permit may be revoked at any time during its term if the placement or use of the portable storage unit/pod constitutes a hazard to the health, safety or welfare of the citizens of the Township or for any other reason that constitutes a nuisance.
(7)
No permit shall be issued if the Police Department determines that the issuance of a permit will constitute a danger to public safety or an unwarranted interference with the efficient movement of traffic.
(8)
Renewal shall not be unreasonably withheld by the Code Enforcement Officer, and discretion may be utilized during instances of true personal emergencies and/or acts of God.
(9)
Only one permit per property, including all renewals of said permit, shall be granted during a twelve-month period.
D.
Location, placement and condition of portable storage units/pods in residential districts.
(1)
Portable storage units/pods may be located in any detached single-family residential zoning district. Except as provided herein, they shall not be placed in a public area.
(2)
Unit location must be immediately adjacent to or in the property driveway at the furthest accessible point from the street. Final placement shall be to the satisfaction of the Zoning Officer, taking in consideration of existing setbacks, site lines, slope of the land, aesthetics, other structures, safety issues and the like.
(3)
Only one portable storage unit/pod may be placed on a single-family residential property at one time.
(4)
No portable storage unit/pod located at a single-family residential property shall be used for the storage of construction debris, business inventory, commercial goods or goods for property other than the residential property where the unit is located. No material of any kind may be placed or stored outside the unit at any time. Upon reasonable notice to the applicant, the Township may inspect the contents of any portable storage unit/pod for compliance with this chapter.
E.
Location, placement and conditions of portable storage units/pods in nonresidential districts.
(1)
Portable storage units/pods may be placed in nonresidential zoning districts only at a designated location as approved by the Township Zoning Officer. The allowable number of units shall be determined by the Zoning Officer pending site characteristics, lot area and location of unit/units.
(2)
Applicants for portable storage units in nonresidential zoning districts must demonstrate to the satisfaction of the Zoning Officer that the specific location/complex has sufficient space to place a unit or units and continue to provide adequate parking and public safety access and to comply with all health, safety and welfare concerns.
(3)
The unit/units shall be placed only in the rear or side portion of the site. Under no circumstances shall a unit be placed in an area fronting a street or road or in a grass/landscaped area or in the front parking lot of a commercial establishment. The placement of portable storage units/pods in fire lanes, passenger loading zones, commercial loading zones or public rights-of-way shall be strictly prohibited. Units shall not impede the flow of vehicle or pedestrian traffic on said property and shall not interfere with the ingress to and egress from said property. Final placement shall be to the satisfaction of the Zoning Officer.
(4)
No portable storage unit/pod shall be used for the storage of construction debris or any goods or materials other than that of the commercial or industrial business where the unit is located. The items contained in the temporary portable storage pod shall be, including but not limited to: consistent with the products sold on site, seasonally appropriate merchandise, holiday goods, or goods that have become replaced inside the business for marketing purposes. Upon reasonable notice to the applicant, the Township may inspect the contents of any portable storage unit or pod for compliance with this chapter.
(5)
A separate permit is required for each portable storage unit/pod on a nonresidential property.
F.
General restrictions.
(1)
No portable storage unit/pod shall exceed 20 feet in length.
(2)
Portable storage units shall never be utilized as accessory structures in any zone, as they are intended to be temporary rentals. Any storage pods that are owned by the property owner and/or contemplated to be on site for more than the time frames specifically permitted in Subsection C(3), (4) or (5), as outlined above, shall comply with the appropriate accessory use controls contained in the applicable zoning district as per the Woolwich Township Code.
(3)
No hazardous material or organic waste shall be placed in a portable storage unit/pod.
(4)
It shall be the responsibility of the applicant to ensure that the portable storage unit/pod is maintained in a good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing or other holes or breaks.
(5)
Portable storage units/pods shall have no signage other than a serial number identifying the unit and the name, address and telephone number of the person or firm engaged in the business of renting or otherwise placing the portable storage unit/pod.
(6)
Any deviation from these statutory restrictions regarding time/duration, location, and size of said portable storage pods shall require a bulk variance from the Township's Joint Land Use Board.
G.
Enforcement; violations and penalties.
(1)
It shall be the responsibility of the Code Enforcement Officer and/or the Police Department and/or the Director of Public Works and/or the Township Construction Official and their designated agents to enforce all provisions of this chapter.
(2)
Any person who violates any of the provisions of this chapter shall be subject to the removal of the portable storage unit/pod at the expense of the applicant. Each day a portable storage unit/pod is placed or utilized in violation of the terms of this chapter shall constitute a separate offense. Each offense hereunder is punishable by a fine of not more than $100 per day.
H.
Inconsistency. All ordinances or parts of ordinances that are inconsistent with the terms of this section be and the same are hereby repealed to the extent of their inconsistency.
I.
Effective date. This section shall take effect immediately upon proper passage, publication in accordance with law and after final adoption as provided by law.
§ 203-76.3 Breweries, distilleries and wineries.
[Added 9-19-2016 by Ord. No. 2016-15]
A.
In those districts in which breweries, distilleries, and wineries may be permitted as a conditional use, the following conditions shall apply:
(1)
Breweries, distilleries and wineries may only be permitted on a qualified farm.
(3)
Local base.
(a)
The predominant crops grown on the premises shall be used in the production of alcohol for the brewery, distillery, and/or winery.
(b)
A brewery, distillery, or winery must accomplish at least two of the following four activities on site: crushing, fermentation/extraction, bulk aging/storage, and bottling.
(4)
Operations of establishment.
(a)
No brewery, distillery, or winery shall exceed 10,000 square feet of building area.
(b)
No brewery, distillery, or winery shall produce more than 15,000 cases per year.
(c)
Retail sales floor shall not exceed 15% of the gross floor area of the structure.
(d)
Retail sales of alcoholic beverages shall be limited to alcoholic beverages manufactured on-site in accordance with above.
(e)
No special occasion events shall be permitted without a special events permit.
(5)
Minimum lot areas and bulk standards.
(a)
All breweries, distilleries, and wineries shall conform to the minimum lot area and other bulk standards of the zoning district in which they are located.
(6)
Landscaping:
(b)
Breweries, distilleries, and wineries adjacent to residential uses and public or private open spaces shall be screened by twenty-five-foot-wide evergreen screening buffer in accordance with §§ 203-68 and 203-69, not less than six feet in height and which shall be maintained in a safe and sightly condition.
(7)
Parking.
(a)
The establishment shall comply with all applicable provisions of § 203-81 (Off-street parking schedule). For the purposes of calculating parking, the brewing, distilling and fermenting areas shall be considered industrial manufacturing, the tasting rooms shall be considered restaurant, sales areas shall be considered retail, and the cold and warm storage shall be considered warehousing.
§ 203-76.4 Cannabis.
[Added 11-18-2024 by Ord. No. 2024-20[1]]
A.
Class 1 (cultivator).
(1)
Outdoor.
(a)
Cultivation must be located on a minimum of 60 acres of land, and shall not be closer than 500 feet from a property line. Cultivation may occur in a greenhouse with rigid walls, a hoop house, or other non-rigid structure, or an expanse of open or cleared ground, and must be fully enclosed by a physical barrier as authorized pursuant to N.J.A.C. 17:30-10.3.
(b)
The outdoor grow area shall be protected by a security alarm system and twenty-four-hour video surveillance system that is continuously monitored and capable of detecting power loss, pursuant to N.J.A.C. 17:30-9.10, to ensure surveillance of the entire perimeter of the grow area and overall portions of the security fences and all gates.
(2)
Indoor.
(a)
Cultivation must be located on a minimum of 17 acres of land, shall not be closer than 500 feet from a property line, and shall be in a building no larger than 15,000 square feet. If an agricultural building built prior to the adoption of this section, is being repurposed, no front, side or rear yard setback is required.
B.
Class 2 (manufacturer) must be located on a minimum of 17 acres of land, shall not be closer than 500 feet from a property line, and shall be in a building no larger than 15,000 square feet. If an agricultural building built prior to the adoption of this section, is being repurposed, no front, side or rear yard setback is required.
C.
Standards applicable to all cannabis uses:
(1)
The cannabis business shall be duly licensed by the State of New Jersey with its license maintained in good standing.
(2)
No vehicular access is permitted from residential development.
(3)
No sign shall contain any visual representation of cannabis or associated paraphernalia, nor shall cannabis business display advertisements for cannabis.
(4)
All licensed facilities shall submit a detailed security plan, which shall be subject to the review and approval of the Township's Chief of Police. Such plan should include measures and procedures designed to protect both tenants and the visitors from criminal activity, unsafe conditions and incidents of nuisance/harassment. Any approval granted may be rescinded at any time such plan fails to comply with the approved procedures of the security plan or which fails to provide adequate security and safety for tenants and visitors. The proposed security plan shall include, at a minimum:
(a)
A map of all points of public entry and a description of all security measures (e.g., locks, alarms, access keypads, security cameras, foot patrols) to restrict access by unauthorized persons:
(b)
Procedures for maintaining records which shall include the date and a detailed description of all incidents of suspected criminal activity/unlawful behavior, unauthorized access, assaults, threatening conduct or harassment and a detailed description of the action taken in response to each complaint;
(c)
Procedures for maintaining records of regular audits to ensure that the security plan is current and that procedures are being followed.
(5)
Any licensed facilities covered from the elements shall provide an air treatment system with sufficient odor absorbing ventilation and exhaust systems such that any odor generated inside the facility is not detectable by a person of reasonable sensitivity anywhere on adjacent property, within public rights-of-way, or within any other unit located within the same building as the licensed facility if the use only occupies a portion of a building. At no cost to the Township, odor from the facility shall be monitored by a qualified contractor chosen, on an annual basis, by the Township. Subject to the review of Township and JLUB professionals and State Department of Health approval, the applicant shall provide standard operating procedures (including maintenance) for the odor mitigation and control system as well as a shutdown of the cannabis cultivation facility should the odor mitigation and control system fail. In the event the odor mitigation and control system in the facility fails, no additional cannabis plants, material or products shall be brought to the site and if the mitigation and control system remains shut down for a period of 72 hours, all cannabis plants, material or products shall be removed immediately.
(6)
Emergency power. All licensed facilities shall have a backup generator, capable of maintaining, at a minimum, all electronic security systems and odor control systems in the event of a power failure for a period of at least 48 hours. Outside generators and other mechanical equipment used for any kind of power supply, cooling, or ventilation shall be enclosed and have appropriate baffles, mufflers, and/or other noise reduction systems to mitigate noise pollution.
(7)
Noise. All cannabis business facilities shall operate in compliance with state, county, and local noise laws and regulations, except in emergency situations requiring the use of a backup generator.
(8)
After obtaining all local and state approvals, licensed facilities shall enter into a host community agreement with the Township in order to:
(9)
With the exception of plants under cultivation in an outdoor grow scenario, no outdoor storage of cannabis shall be permitted.
(10)
In no case shall a cannabis business operate or be located on land that is valued, assessed, or taxed as an agricultural or horticultural use pursuant to the Farmland Assessment Act of 1964, P.L. 1964, c. 48 (N.J.S.A. 54:423.1 et seq.).
(12)
All cannabis cultivation shall take place in an enclosed, fenced, locked or otherwise secured area or facility. Access to such enclosed, locked area or facility shall be limited to an owner, principal, employee, volunteer, of a license holder or the staff members of a license holder's management services contractor that possesses a Cannabis Business Identification Card and are authorized by the cannabis business to access the facility.
(13)
All fencing shall be constructed of metal chain links or another similarly secure material and shall measure at least eight feet from the ground to the top. All support posts shall be securely anchored. Fencing shall meet the requirements of the relevant municipal code provisions.
(14)
Any locks on gates shall be commercial grade.
(15)
Any cannabis business shall implement measures to prevent cross-pollination and to prevent cannabis pollen and seeds from leaving the premises, which may include, but not limited to, use of pollen screens, ultraviolet light and other methods to ensure that employees, customers, vendors and other persons on site do not leave the premises while carrying any cannabis pollen or seeds knowingly or unknowingly.
[1]
Editor's Note: This ordinance also repealed former § 203-76.4, Cannabis, added 6-6-2024 by Ord. No. 2024-12.
§ 203-77 Signs.
A.
Intent and purpose. In order to preserve the Township as a desirable community in which to live, farm and do business, a pleasing, visually attractive environment is of foremost importance. The regulation of signs within the Township is a highly contributive means by which to achieve this desired end. These sign regulations are prepared with the intent of enhancing the overall environment, specifically the aesthetic values, and promoting the continued well-being of the Township. It is the purpose of this article to promote the public health, safety and general welfare through a comprehensive system of reasonable, consistent and nondiscriminatory sign standards and requirements. These sign regulations are intended to:
(1)
Enable the identification of places of residence and business.
(2)
Allow for the communication of information necessary for the conduct of commerce.
(3)
Lessen hazardous situations, confusion and visual clutter caused by proliferation, improper placement, illumination, animation and excessive height, area and bulk of signs which compete for the attention of pedestrian and vehicular traffic.
(4)
Enhance the attractiveness and economic well-being of the Township as a place to live, farm and conduct business.
(5)
Protect the public from the dangers of unsafe signs.
(6)
Permit signs that are compatible with their surroundings and aid orientation, and preclude placement of signs in a manner that conceals or obstructs adjacent land uses or signs.
(7)
Encourage signs that are appropriate to the zoning district in which they are located and consistent with the category of use to which they pertain.
(8)
Curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business.
(9)
Establish sign size in relationship to the scale of the lot and building on which the sign is to be placed or to which it pertains.
(10)
Preclude signs from conflicting with the principal permitted use of the site or adjoining sites.
(11)
Regulate signs in a manner so as to not interfere with or obstruct vision of or distract motorists, bicyclists or pedestrians.
(12)
Require signs to be constructed, installed and maintained in a safe and satisfactory manner.
(13)
Preserve and enhance the natural aesthetics and scenic characteristics of this farming community.
B.
Any sign, banner, billboard, or signboard hereafter erected or maintained shall conform with the provisions of this chapter and any other ordinances or regulations of the Township of Woolwich. A sign/signboard is defined as "a display (as a lettered board or a configuration of neon or lighted tubing) used to identify or advertise a place of business or a product." A banner is defined as "a strip of cloth, canvas or other flexible material which is durable and weather-resistant, on which a sign or an advertisement graphic is painted or displayed." A billboard is defined as "a large flat panel designed to carry outdoor advertising."
C.
The limitations on signs as set forth for the various zones by this chapter shall not apply to any sign or directional device erected by the federal, state, county or Township government, or agency thereof, nor to any "no trespassing" sign erected in accordance with the applicable statutes of the State of New Jersey.
D.
The limitations on sign location and area as set forth by this chapter for the business, commercial, professional and light industry zones shall not apply to parking lot markers, directional signs and entrance and exit signs which are erected on the premises, provided that each such sign does not exceed two square feet in area and does not contain any advertising of the use on the premises; and further provided that the number and location of said signs are approved by the Joint Land Use Board.
[Amended 11-17-2014 by Ord. No. 2014-15]
E.
Substitution clause. Subject to the landowner's consent, a noncommercial message/copy of any type may be substituted for any duly permitted or allowed commercial message/copy or any duly permitted or allowed noncommercial message; provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary in this chapter and section. The purpose of this substitution clause provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel, nor does it affect the requirement that a sign structure or mounting device be properly permitted. This substitution clause provision does not allow for the substitution of offsite commercial messages in place of onsite commercial messages. Additionally, this provision only allows for a change of message as any change in structure must comply with all relevant building codes and permit process.
F.
Severability generally and specific to severability of prohibition on billboards. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this article and/or any other code provisions and/or laws are declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect the prohibition on billboards as contained herein.[1]
[1]
Editor's Note: Former Subsection G, regarding sign regulations in the Township's Transfer of Development Rights (TDR) Ordinance, which immediately followed, was repealed 6-5-2023 by Ord. No. 2023-14.
§ 203-78 Signs in residential zones.
The following types of signs, and none other, shall be permitted in residential zones subject to the restrictions set forth in § 203-80 of this chapter:
A.
Official traffic signs.
B.
Professional accessory use or name signs indicating the name, profession or activity of the occupant of a dwelling and trespassing signs or indicating the private nature of a driveway or premises, provided that the area on one side of any such sign shall not exceed two square feet.
C.
Identification signs for schools, churches, hospitals or similar institutions, provided that the total area of one side of all such signs on any one lot shall not exceed 32 square feet; and identification signs for clubs, lodges, homeowner associations, estates or similar uses, provided that the total area of one side of all such signs on any one lot shall not exceed 12 square feet.
E.
Contractors, mechanics, painters, paperhangers and/or artisans may post a temporary sign on the lot on which the contracting work is being performed. Said sign may not be larger than six square feet nor more than four feet high. One sign is permitted per lot and block. Upon receiving a permit from the Zoning Officer, the applicant may post a sign once work begins and maintain the sign as long as the site is an active work site. The sign must be removed within seven days from completion of the work to which the sign relates.
[Amended 11-17-2014 by Ord. No. 2014-15]
F.
Signs identifying or advertising nonconforming commercial or manufacturing uses conducted lawfully on the lot where the sign is located, provided that the total area on one side of all such signs on any one lot shall not exceed 32 square feet.
G.
Billboards are specifically prohibited in all residential zones.
§ 203-79 Signs in nonresidential zones.
The following types of signs, and none other, shall be permitted in nonresidential zones:
A.
Any sign permitted in residential zones.
B.
Number and types of signs for businesses.
(1)
Each stand-alone business, which is the only occupant of the nonresidential structure/building on the property, may have two signs: one main business sign located on the principal frontage and one located on the facade occupied by said business, provided that such sign shall not exceed 50 square feet or 20% of the total facade area, including windows and doors, whichever is less, and that any sign placed against the facade shall not project more than two feet. Where a nonresidential structure/building is located at the intersection of two public streets, an additional sign may be erected upon the side wall on the side street, provided that such sign shall conform to the requirements of the sign permitted on the facade or principal frontage. Height shall be in conformance with § 203-80E.
[Amended 11-17-2014 by Ord. No. 2014-15]
(2)
Where more than one business, but less than five businesses, occupy the same nonresidential structure/building, only one freestanding sign is permitted for the property, and said freestanding sign shall not exceed 75 square feet nor a height of 20 feet. Each separate business shall be permitted one facade sign, provided that such sign shall not exceed 50 square feet or 20% of the total facade area, including windows and doors, whichever is less, and that any sign placed against the facade shall not project more than two feet, nor extend above the lowest point of the roof at the building facade. Where a nonresidential structure/building is located at the intersection of two public streets, an additional sign may be erected upon the side wall on the side street, provided that such sign shall conform to the requirements of the sign permitted on the facade or principal frontage. Any request for additional freestanding signs for each nonresidential use/business must be made to the Zoning Board component of the Joint Land Use Board.
[Amended 11-17-2014 by Ord. No. 2014-15]
C.
Each shopping center consisting of five or more stores under one ownership or each industrial use may have freestanding signs in accordance with the following provisions:
(1)
Each property having less than 300 feet of lot frontage shall be permitted one freestanding sign. Such sign shall not be located closer than 100 feet to any other freestanding sign on the same side of the street or closer than 50 feet to any property boundary. Individual properties may combine to meet the one-hundred-foot minimum separation and thus erect one freestanding sign to serve the combined properties. Such signs shall not exceed 100 square feet per face nor a height of 30 feet.
(2)
Each property having in excess of 300 feet of lot frontage shall be permitted one additional freestanding sign of the same size and height as in Subsection C(1) above; or in the alternative may elect to increase the size of the freestanding sign allowed under Subsection C(1) above to a maximum of 150 square feet per face.
D.
Gasoline filling stations, in addition to the main business sign, may display one freestanding sign advertising the name of the station or the principal products sold on the premises, including any special company or brand name, insignia or emblem, provided that such sign shall not exceed 25 square feet in area on each side and shall be erected within the property line and not less than 15 feet from any property line or street line. Gasoline filling stations located on corner lots with entrances from each street are allowed two signs. Such freestanding sign shall not exceed a height of 30 feet. Additional signs relative to the products sold or priced at the filling station shall be limited to three signs, and each such sign shall not exceed 10 square feet in area nor a height of 30 feet and shall not be less than 15 feet from any property line or street lines.
[Amended 11-17-2014 by Ord. No. 2014-15]
E.
No business or industrial sign shall be placed to face abutting residential districts.
F.
Temporary signs/banners. "Coming soon" signs/banners shall be permitted on nonresidential properties for 30 days prior to the opening of the business/office. "Now open," or "grand opening" signs/banners shall be permitted for 30 days following the opening of the business/office. These temporary signs/banners shall not exceed 20 square feet and shall not include any illumination, nor shall there be affixed thereon any balloon, streamer or any other decorative accessory. A temporary sign permit must be filed with the Zoning Officer for any new business, new owner of an existing business, or business name change. Such signs shall not exceed the building height. Refer to § 203-80A and B regarding placement restrictions.
[Amended 11-17-2014 by Ord. No. 2014-15]
G.
Billboards. Billboards are specifically prohibited in all nonresidential zones, except they are specifically permitted in the Light Industrial Office (LIO) Zone within 75 feet of the New Jersey Turnpike.
§ 203-80 General restrictions.
The following restrictions shall apply to all permitted sign uses throughout the municipality and in all zones:
A.
No sign shall be placed in such a position that it will cause danger to traffic on a street by obscuring the view.
B.
No sign other than official traffic signs shall be erected within the lines of any street unless specifically authorized by other ordinances or regulations of Woolwich Township.
C.
No sign shall be placed on any tree, electric light or public utility pole, another existing sign, or upon rocks or other nature features.
[Added 11-17-2014 by Ord. No. 2014-15]
D.
Temporary real estate directional open house signs or temporary off premises subdivision locations signs for subdivisions or properties outside the boundaries of the Township of Woolwich are not allowed. Any such signs will be removed and are subject to fines as stated is § 203-80D(9).
[Amended 11-17-2014 by Ord. No. 2014-15]
(1)
Temporary off-premises subdivision location signs.
(a)
"Temporary off-premises subdivision location signs" shall be defined as a removable, freestanding signs, to be placed on the ground, not to exceed 24 inches in height and 24 inches in width, and no higher than 36 inches above the existing grade, and shall only indicate location or directions to a residential subdivision within Woolwich Township by its approved name and provided that a building permit has been issued for the subdivision.
(b)
No more than one temporary off-premises subdivision location sign shall be installed on any one lot or in any right of way. The maximum number of temporary off-premises subdivision location signs shall not exceed 22 signs per approved Township subdivision.
(c)
Temporary off-premises subdivision location signs are only permissible on the weekends, specifically from 4:30 p.m. on Friday to 8:00 p.m. on Sunday.
(d)
Temporary off-premises subdivision location signs shall not include any illumination, nor shall there be affixed thereon any balloons, streamers, or other decorative accessory.
(e)
Temporary off-premises subdivision location signs require a sign permit from the zoning office. Such sign permit shall be accompanied by a list of locations for the posting of said signs. The fee is $10 per sign per posting.
(2)
No more than one nonilluminated temporary sign may be installed indicating the prospective or completed sale or rental of the premises upon which it is located. This sign shall not exceed six square feet in area and four feet in height for a residential use and shall not exceed 32 square feet in area and six feet in height for a commercial or industrial district. The sign shall be removed within 14 days after consummation of a lease or sales transaction.
(3)
Not more than two temporary ground signs may be installed advertising a subdivision which has been approved by the Township, provided that each sign does not exceed 32 square feet in area nor a height of six feet. In no case shall any such sign be located closer than 20 feet to any street line. Temporary subdivision signs shall not be permitted after residences have been erected on 75% of the lots in the subdivision or after more than 75% of the lots have been sold by the developer.
(4)
A sign indicating site development or construction by a builder shall not exceed 32 square feet and shall be limited to one sign per street frontage. Said sign shall not exceed a height of six feet. The sign shall not be erected until final approvals are obtained from the reviewing board. The sign may remain up until the project is completed.
(5)
The fee for each temporary sign/banner shall be $40 paid to the Township of Woolwich, except as otherwise noted herein. The Township of Woolwich shall make sure signs are removed by the applicant by the expiration of the permit, and if not so removed, the Township of Woolwich may remove the sign or signs and assess an appropriate fine. The fee for all other sign permits is $60 paid to the Township of Woolwich, except as otherwise noted herein.
(6)
By permit from the Zoning Officer, a nonprofit group organized solely for charitable, religious, educational, civic, fraternal or athletic purposes or political organizations may place and maintain temporary signs on land it does not own to advertise a single event open to the public and held within the Township of Woolwich or the Borough of Swedesboro. Also by permit from the Zoning Officer, a nonprofit group organized solely for a charitable, religious, educational, civic, fraternal or athletic purposes or political organizations with a primary location, function or base within the Township of Woolwich or the Borough of Swedesboro may place and maintain temporary signs on land it does not own to advertise a single event open to the public to be held at a location outside the Township of Woolwich. Written consent signed by the owners of all property on which the signs are erected must be made a part of the permit application. The total area on one side of all such signs on any one lot shall not exceed 32 square feet nor a height of six feet. Such signs may be erected and maintained no more than 14 days before the public event advertised and must be removed within seven days after the public event advertised. If they are placed outside of these time frames, the Township of Woolwich may remove the signs. There shall be no permit fee for signs qualifying under this subsection. For temporary signs for a special event or public purpose, said signs shall not conceal or obstruct adjacent land uses or signs; not conflict with the principal permitted use of the site or adjoining sites; not interfere with, obstruct vision of, or distract motorists, bicyclists or pedestrians; be installed and maintained in a safe manner and be compliant with all other restrictions on size, height, and location.
(7)
No sign shall be placed in a position that will cause danger to traffic on a street or entering a street by obscuring the view of traffic on either street. In no case shall any sign, other than an official governmental sign or functional/direction sign, be erected within the official right-of-way of any street unless specifically authorized by ordinance or regulations of the Township.
(8)
The applications for such sign permits under the foregoing Subsections A, B and C of this § 203-80 shall each contain the following statement signed by the owner or owners of the property on which the sign is to be placed:
"We are the owners of the land on which the signs designated in this application are to be placed, and we will be responsible for their removal within the time period specified by the permit and the Woolwich Township Zoning Ordinance. In the event that such sign or signs are not removed within the time period so specified, then we hereby grant permission to the Woolwich Township Zoning Officer or his agent, or an officer of the Woolwich Township Police Department, to enter upon our property and remove said sign or signs and dispose of them as the Woolwich Township Committee directs." |
(9)
Violations and penalties. A fine not to exceed $1,000 shall be administered for any violation of the above, per sign, per day. Each additional day shall constitute a separate and distinct offense.
E.
No sign shall be located closer than 20 feet to any street line or to any property boundary line.
[Amended 11-17-2014 by Ord. No. 2014-15]
F.
No sign shall exceed the height of 15 feet measured from the ground beneath the sign to the highest point of such sign, except that signs attached to or forming a part of the facade of a building used for commercial or manufacturing purposes may exceed 15 feet in height, provided that such signs shall not extend above the lowest point of the roof at the facade of the building.
[Amended 11-17-2014 by Ord. No. 2014-15]
G.
No sign shall be of a flashing, revolving, blinking, moving or animated type, or have any moving parts.
[Amended 11-17-2014 by Ord. No. 2014-15]
H.
No sign shall have any lighting or control mechanism which may cause radio or television interference.
[Amended 11-17-2014 by Ord. No. 2014-15]
I.
For the purposes of this chapter, a sign which is attached to or forms a part of a building or structure, or on a trailer or vehicle parked on a lot, the legend/content for which does not relate to the use or ownership of the vehicle or trailer, shall be deemed to be on the lot on which such building or structure is located.
[Amended 11-17-2014 by Ord. No. 2014-15]
J.
Outdoor loudspeakers, amplifiers, bullhorns or noisemakers, except as used by fire and police authorities, shall not be permitted in any residential, commercial or industrial zone.
[Amended 11-17-2014 by Ord. No. 2014-15]
§ 203-81 Off-street parking schedule.
A.
All uses permitted in this chapter or hereafter permitted in any of the zones herein established shall provide as a minimum the number of off-street parking spaces specified in the following schedule:
(1)
Residential:
(a)
For single-family detached, single-family semidetached and two-family dwellings: two parking spaces per dwelling unit.
(b)
For single-family attached and multifamily dwellings: 2 1/2 parking spaces per dwelling unit, except dwellings specifically intended for the elderly, in which case one parking space per dwelling unit.
(3)
Professional offices, general offices, banks: one parking space for every 250 square feet of building area or major fraction thereof.
(4)
Home professional office: minimum of three parking spaces per dwelling and one additional parking space per employee.
(5)
Retail and personal service stores and other service establishments: one parking space for every 200 square feet of building area or major fraction thereof, plus one space for every two employees.
(8)
Auditoriums, churches, theaters, stadiums, assembly halls, community centers, dance halls, roller skating rinks and other places of public assembly: one parking space for every four persons who may be legally admitted under the state fire prevention laws.
(10)
Industrial manufacturing: one parking space for every two employees in the largest working shift.
(11)
Schools:
(a)
Elementary and junior high school: one space for each vehicle owned or operated by the school, plus three spaces for each faculty member, plus one space for each five seats in the auditorium or gymnasium.
(b)
Senior high school: one space for each vehicle owned or operated by the school, plus seven spaces for each faculty member, plus one space for each administrative office.
(12)
Recreational facilities, clubs and service organizations:
(a)
Parks and other outdoor recreation sites: four parking spaces for each gross acre of land up to 50 acres, and one parking space per gross acre of land above 50 acres, except where it can be demonstrated that the site is primarily intended for pedestrian access, in which case these requirements may be reduced accordingly.
(b)
Recreation centers, clubs and service organizations, skating rinks: one parking space for every 400 square feet of gross floor area.
(13)
Supermarkets: 4.5 parking spaces for every 1,000 square feet of building area.
[Added 4-6-2020 by Ord. No. 2020-07; amended 5-18-2020 by Ord. No. 2020-10]
B.
Design standards.
(1)
Off-street parking areas shall be designed to prevent maneuvering or storage of vehicles within any portion of an entrance driveway that is within the right-of-way line of any public street. Off-street parking areas shall be so designed to permit all vehicles to turn around on the site, thus preventing the necessity of any vehicle backing onto a public street in the following cases:
(2)
No required off-street parking space, including adjacent parking access lanes or maneuvering space, shall be located within the existing or proposed right-of-way of any public street, including the sidewalk area.
(3)
Parking location. Location of parking areas shall meet the following requirements:
(a)
Off-street parking spaces shall be provided as specified in this chapter and shall be provided with necessary driveways. All such spaces shall be deemed to be required space on the lot on which the same is situated unless otherwise stated and shall not thereafter be encroached upon or reduced in any manner.
(b)
No parking shall be permitted in any designated fire lanes, streets, driveways, aisles, sidewalks or turning areas.
(c)
Parking spaces for apartments/townhouses shall be within 100 feet of the building being served.
(d)
No parking shall be permitted in any required buffer or screen areas.
(e)
No parking shall be permitted, and appropriate screening or landscaping shall be required within the front yard according to the following schedule:
District | Screen Width (feet) |
|---|---|
LIO | 20 |
(f)
Parking areas in all nonresidential districts shall be set back a minimum of 10 feet unless cross easements are provided, and 25 feet where adjacent to a residential district.
(g)
Parking pads in front of detached and attached dwellings shall be a minimum distance of five feet from any building line. Ingress and egress to parking areas shall be a minimum of 10 feet in width.
(4)
Lighting.
[Amended 6-6-2005 by Ord. No. 2005-16]
(a)
Illumination for all parking facilities, other than those required for agricultural use and dwelling unit use, shall be provided during nighttime operating hours. Direct illumination shall be shielded from streets and adjoining properties, and adequate provision shall be made to shield residential uses from the glare of motor vehicles.
(b)
The minimum level of lighting in any portion of the parking lot shall be not less than 0.25 footcandles. The average horizontal illumination level of lighting within the parking lot shall not be less than 0.5 footcandles nor greater than two footcandles. The maximum level of lighting in any portion of the parking lot shall not be greater than three footcandles, expect directly under the light fixtures where a maximum of 10 footcandles is permitted.
(c)
The minimum level of lighting along any portion of walkway not part of a parking lot shall not be less than 0.5 footcandles. The maximum level of lighting along any portion of the walkway not part of a parking lot shall be not greater than three footcandles.
(d)
Searchlights, strobe lights and laser lights used for advertising or entertainment are not permitted.
(e)
Light shields are to be used on all lights to control glare. At no time shall the light source be visible from adjacent properties. A maximum of 0.25 footcandles is permitted at any property line and/or right-of-way line.
(f)
The lighting plan should take into consideration the hours of operation of the proposed use. The lights should be designed so that they can be reduced or turned off when they are not necessary. A timer maybe necessary to regulate the hours.
(g)
All lighting shall be shielded to prevent glare for drivers or pedestrians from light trespass beyond the property line.
(h)
Emergency lighting by police, fire and rescue and other authorities is exempt from this code.
(5)
Combined parking requirements. Collective provision of off-street parking facilities by two or more buildings or uses located on adjacent lots is permitted to allow for the sharing of parking for commercial and multiple-use centers according to the following schedule:
(a)
For buildings or groups of uses of less than 10,000 square feet, the total parking shall not be less than the sum of the requirements for the various individual uses computed separately.
(b)
Where the total area of a nonresidential use is greater than 10,000 square feet, but less than 30,000 square feet, the total number of parking spaces provided shall equal one car for every 200 square feet of gross floor area. Additional parking shall be provided for residential uses built in conjunction with a multiple-use center of this size and shall equal at least 1.5 spaces for each dwelling unit.
(c)
Where the total nonresidential use is greater than 30,000 square feet, the number of off-street parking spaces provided shall equal five for every 1,000 square feet of gross floor area. In commercial or multiple-use centers of this size, which, in addition to retail shops and services, contain residential and/or office spaces, additional parking shall be provided according to the following:
(6)
Surfacing and curbing. All parking and loading facilities shall be surfaced with an asphaltic, bituminous cement or other bound pavement so as to provide a durable and dust-free surface and shall be so graded and drained as to dispose of all surface water accumulation within the area. Surface water drainage from any parking, loading or other paved area shall comply with the requirements of Chapter 149, Site Plan Review, and Chapter 163, Subdivision of Land. Parking areas required for single-family detached or attached dwellings are excepted from the provisions of this chapter.
(7)
Landscaping of loading areas. All loading areas shall be landscaped and screened sufficiently to obscure the view of the loading platform or other loading facility from any public street, residential use or zone and the front yards of adjacent commercial or industrial use. Such screening may consist of fencing or walls in conformance with the requirements of this chapter in combination with landscaping.
(8)
Shopping carts. Any establishment which furnishes carts or mobile baskets as an adjunct to shopping shall provide definite areas within the required parking space areas for storage of said carts. Each designated storage area shall be curbed to delineate and separate the parking area from the collected shopping carts and shall be so designated as to not impede the vehicular or pedestrian circulation pattern. Collection points shall have a minimum capacity of 20 shopping carts and shall be so designated by no more than one sign per area with two faces, pole-mounted.
(9)
The following interior circulation, access and traffic control design standards shall be applicable:
(a)
All driveways, except residential driveways on major and minor collector and local streets, to any public street or highway shall be located at least 200 feet from the center line of the intersection of any two street lines and shall be designed in manner conducive to safe ingress and egress as determined by the Planning Board or, where applicable, the Township Committee. Where practicable, exits shall be located on minor, rather than major, streets or highways. Residential driveways shall be not closer than 50 feet to the center line of the intersection of any two street lines.
(b)
No design shall be approved which is likely to create traffic hazards endangering the public safety. Safety requirements which may be imposed in such a review shall include traffic control devices, acceleration or deceleration lanes, turning lanes, traffic and lane markings and signs.
(c)
Interior driveways shall be at least 24 feet wide where used with ninety-degree angle parking and at least 18 feet wide where used with forty-five-degree parking. Where there is no parking, interior driveways shall be at least 15 feet wide for one-way traffic movement and at least 22 feet wide for two-way traffic movement.
(10)
In the Light Industrial/Office District the following standards shall apply:
(b)
Structured parking may be used to supply all or any portion of the required off-street parking. The structured parking may be attached, freestanding, underlying the building, or any combination thereof.
(c)
Parking areas shall be arranged so as to encourage through traffic to separate parking areas serving other buildings or developments.
(11)
Driveway openings shall be a minimum of 24 feet but no more than 34 feet.
(12)
Landscaping of parking areas. Each on-site parking facility shall be designed to minimize the removal of any tree in excess of five inches in caliper. Each facility shall have a minimum of 200 square feet of contiguous landscaped area for each 30 spaces or portion thereof consisting of shrubs with a mature height of not more than three feet and deciduous trees with branches not less than seven feet in height, but in no event shall there be less than the area contained in the required traffic islands. Such space shall be distributed throughout the parking bays in order to visually break the view of long rows of parked cars in a manner not impairing sight triangles. Parking areas in excess of 200 parking spaces shall have landscaped berms, a minimum of two feet in height, above the parking area grade between any public street and any accessway, driveway, drive aisle, loading area or parking bay.
(13)
Traffic islands. Traffic islands shall be provided to separate each parking bay of double-stacked parking rows from any internal collector drive. The minimum width of the traffic islands shall be eight feet. For parking areas in excess of 250 cars, one traffic island, a minimum width of 10 feet, separating the two rows of parking in one parking bay, shall be provided for each four rows in an alternating pattern. Each traffic island shall be landscaped in accordance with Subsection B(9) of this section.
(14)
Landscaping shall be provided as approved by the Planning Board or Zoning Board within the site and around its perimeter to provide shade, to designate entrances, to screen parking areas from the road, to buffer services and utility areas and to provide aesthetic interest throughout the year. Along Route 322, a berm with plantings may be required as determined by the Township Planner to screen parking areas from the road.
(15)
Parking space dimensions. The following dimensions for parking spaces shall apply:
§ 203-82 Off-street loading.
A.
Loading area requirements for every building, structure or part thereof having over 5,000 square feet of gross building area erected and occupied for commerce, hotel, hospital, laundry, dry cleaning, places of public assembly, industry and other similar uses involved in the receipt and distribution by vehicles of materials or merchandise, there should be provided and permanently maintained adequate space for standing, loading and unloading services in order to avoid undue interference with the public use of streets or alleys. Every building, structure or addition thereto having a use which complies with the above definition should be provided with at least one truck standing, loading and unloading space on the premises not less than 12 feet in width and 35 feet in length and shall have a minimum clearance of 14 feet. One additional truck space of these dimensions should be provided for every additional 20,000 square feet, or fraction thereof, of gross area in the building.
B.
Location of loading areas shall meet the following requirements:
(1)
No part of any loading or unloading space, or maneuvering space in connection therewith, shall be located within the right-of-way of any public street, including the sidewalk area.
(2)
No part of any loading or unloading space shall be located in any required front yard or so as to obstruct vehicular or pedestrian movement on any public right-of-way.
(3)
No part of any loading or unloading space shall be located in any required buffer or screen area.
§ 203-83 Enforcement.
A.
The Township Committee shall appoint a Zoning Administration Officer to enforce the provisions of this chapter. The term of appointment shall be for one calendar year. It shall be the Zoning Officer's duty to examine all applications for permits, issue permits only for construction and uses which are in accordance with the requirements of this chapter, Chapter 149, Site Plan Review, and Chapter 163, Subdivision of Land, record and file applications for permits with any accompanying plans and documents and make such reports as the Committee may require. Permits for construction and uses which are a conditional use or variance to requirements of this chapter shall be issued only upon order of the Planning Board or the Zoning Board. Nothing herein contained shall require any change in plans or construction of a lawful use, the construction of which is completed within one year of the effective date of this chapter.
B.
The Township Committee shall also appoint a Deputy Zoning Administration Officer who shall perform all of the duties of the Zoning Officer during absences, disability or unavailability, or when so directed by the Zoning Administration Officer. The terms of appointment shall be for the calendar year.
§ 203-84 Zoning permit required.
[Amended 6-16-2014 by Ord. No. 2014-06]
A zoning permit issued by the Zoning Officer stating that the project complies with Township ordinance requirements shall be required prior to the erection or structural alteration of any building, structure or portion thereof, and prior to the use or change in use of a building or land, and prior to the change or extension of a nonconforming use, and prior to the erection, creation or alteration of a sign. Farm buildings situated 50 feet or more from any street line or property line shall be exempt from the permit requirements of this section, but all such farm buildings shall be erected in conformity with the use, area and height regulations applicable to the district in which such farm buildings are located.
§ 203-85 Application for permits.
Application for permits shall be in writing to the Zoning Administration Officer on such forms as may be furnished by the Township. Such application shall contain all information necessary for the Zoning Administration Officer to ascertain whether the proposed erection, alteration, use or change complies with the provisions of this chapter.
§ 203-86 Issuance of permits.
Permits shall be granted or refused within 10 days after the written application has been filed with the Zoning Administration Officer. Upon completion of the erection or alteration of any building or portion thereof authorized by any permit and prior to occupancy or use, the holder of such permit shall notify the Zoning Administration Officer of such completion. No permit shall be considered complete or permanently effective until the Zoning Administration Officer has certified that the work has been inspected and approved as being in conformity with the provisions of this chapter and other applicable ordinances. All applications with accompanying plans and documents shall become a public record.
§ 203-87 Fees.
B.
Each applicant for an appeal, conditional use or variance shall at the time of making application, pay a fee in accordance with the aforementioned fee schedule, for the cost of advertising and mailing notices as required by this and other Township ordinances and the rules of the Zoning Board or Planning Board.
§ 203-88 Power to institute legal proceedings.
In case any building or structure is erected, constructed, altered, repaired, converted or maintained, or any building or structure or land is used in violation of this chapter or any regulations made pursuant thereto, the Zoning Officer or other Township authorities, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violations, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in and about such premises.
§ 203-89 Violations and penalties.
Any person, entity or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be punishable by one or more of the following: by fine not exceeding $1,000 or by imprisonment not exceeding 90 days; or by a period of community service not exceeding 90 days. Whenever such person, entity or corporation shall have been officially notified by the Zoning Officer or by service of a summons in a prosecution, or in any other official manner, that he or it is committing a violation, each day's continuance of such violation after such notification shall constitute a separate offense punishable by a like fine or penalty.
§ 203-90 Purpose.
The purpose of this article is as follows:
B.
To effectuate the following Master Plan goals: provide housing to meet the needs of current and future Township residents by providing a full range of housing opportunities for all income levels and housing needs; encourage affordable housing close to the job centers; promote infill development.
C.
To provide opportunities for affordable housing units within the residential centers of the Township, thereby coordinating access to employment, transportation and public facilities.
D.
To ensure that all affordable housing units comply with the requirements of the New Jersey Fair Housing Act, regulations adopted pursuant to the New Jersey Fair Housing Act and the case law interpreting the same.
§ 203-91 Definitions.
The following terms, as used in this article, shall have the following meanings:
A self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance which is created within an existing home, or through the conversion of an existing accessory structure on the same site, or by an addition to an existing home or accessory building, or by the construction of a new accessory structure on the same site.
Constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
The entity responsible for the administration of affordable housing units in accordance with this article, the Fair Housing Act[1] and its implementing regulations, and UHAC, whether the Municipal Housing Liaison or the project-specific developer, sponsor or owner, as the case may be.
A regional marketing strategy designed to attract buyers and/or renters of affordable housing units pursuant to N.J.A.C. 5:80-26.15.
The Affirmative Marketing Plan adopted by the Township Committee of the Township of Woolwich, as may hereafter be amended and supplemented.
The average percentage of median income at which restricted units in an affordable housing development are affordable to very-low-income households, low-income households and moderate-income households.
A residential dwelling unit that qualifies as very-low-income housing, low-income housing, and/or moderate-income housing as those terms are defined in N.J.S.A. 52:27D-304 of the Fair Housing Act.
A residential development, an inclusionary development or a mixed-use development in which at least 15% of the residential units are affordable housing units, or any development identified in the Housing Element and Fair Share Plan as satisfying the Township's affordable housing obligations.
Any mechanism identified in the Housing Element Fair Share Plan addressing the Township's fair share obligation, the expenditure of any funds pursuant to the Township's spending plan and the collection of nonresidential development fees and residential development fees by the Township in accordance with Chapter 95 of the Township Code.
The fund identified in § 116-7 of the Township Code.
A unit of affordable housing which complies with the requirements of the Fair Housing Act, all applicable federal, state, and local government laws, ordinances, rules, and regulations applicable to affordable housing, including but not limited to the affirmative marketing requirements set forth in N.J.A.C. 5:80-22 and the affordability controls set forth in UHAC.
A housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population as evidenced by any one or more of the following:
All the residents of the development where the unit is situated are 62 years or older;
At least 80% of the units are occupied by one person that is 55 years or older; or
The development has been designated by the Secretary of the United States Department of Housing and Urban Development as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
A facility licensed by the New Jersey Department of Health to provide apartment-style housing and congregate dining and to assure that assisted-living services are available when needed for four or more adult persons unrelated to the proprietor and that offers units containing, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.
A household that has been certified by an administrative agent as a very-low-income household, low-income household or moderate-income household.
The New Jersey Council on Affordable Housing established under the Fair Housing Act pursuant to N.J.S.A. 54:27D-301 et seq. and which was abolished pursuant to the Reorganization Plan No. 001-2011 adopted by Governor Chris Christie June 29, 2011. Pursuant to Reorganization Plan No. 001-2011, all functions of COAH have been transferred to the Commissioner of the DCA.
The qualified person appointed by the Township of Woolwich pursuant to the State Uniform Construction Code Act[2] and the regulations promulgated thereunder who is responsible for the enforcement and administration of the Uniform Construction Code and related regulations within the Township of Woolwich.
The Superior Court of New Jersey, Law Division, Gloucester County, Vicinage 1.
The State of New Jersey Department of Community Affairs.
A housing unit with health and safety code violations that require the repair or replacement of a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load-bearing structural systems.
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
Residential development, inclusionary development, nonresidential development or mixed-use development.
Money paid by a developer for improvement of property as authorized by Holmdel Builder's Association v. Holmdel, 121 N.J. 550 (1990), the Fair Housing Act of 1985, N.J.S.A. 52:27D-301 et seq., the Statewide Non-Residential Development Fee Act, N.J.S.A. 40:55D-8.1 et seq., and any court-approved spending plan.
The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with Sections 1, 5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.), as may be amended or supplemented.
The document known as "Form N-RDF," State of New Jersey Non-Residential Development Certification/Exemption.
Those strategies that minimize the impact of development on the environment and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.
The portion of the Township of Woolwich's Master Plan entitled "Housing Element and Fair Share Plan" which is adopted by the Township of Woolwich Planning Board, as the same may be amended or supplemented.
The geographic area determined pursuant to the Fair Housing Act and its implementing regulations, which consists of the counties of Atlantic, Gloucester, Cumberland, and Salem.
The United States Department of Housing and Urban Development.
A development containing both affordable housing units and market-rate units. This term includes, but is not necessarily limited to, new construction, the conversion of a nonresidential structure to residential and the creation of new affordable housing units through the reconstruction of a vacant residential structure.
A judgment of compliance, a judgment of repose or a judgment of compliance and repose entered by any court of competent jurisdiction, which is the equivalent to substantive certification from the DCA acting on behalf of COAH under the Fair Housing Act.
A household with a total gross annual household income equal to 50% or less of the median household income.
An affordable housing unit that is affordable to a low-income household.
The primary structural, mechanical, plumbing, electrical, fire protection, or occupant service components of a building which include, but are not limited to, weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement or load-bearing structural systems.
Housing not restricted to very-low-income households, low-income households and/or moderate-income households that may sell or rent at any price.
The median income by household size for the applicable county, as adopted annually by the DCA acting on behalf of COAH, or when no medial income has been adopted by DCA for a given year, median income by household size will be established by a regional weighted average of the uncapped Section 8 income limits published by HUD.
Mixed-use development as the term is defined in N.J.S.A. 40:55D-8.3 of the Statewide Non-Residential Development Fee Act.
A household with a total gross annual household income in excess of 50% but less than 80% of the median household income.
An affordable housing unit that is affordable to a moderate-income household.
The employee charged by the governing body with the responsibility for oversight and administration of the affordable housing program for the Township of Woolwich.
Any sale or transfer of ownership other than the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a Class A beneficiary; and the transfer of ownership by court order.
As the term is defined in N.J.S.A. 40:55D-8.3 of the Statewide Non-Residential Development Fee Act.
Money paid by a developer for the development of property pursuant to the Statewide Non-Residential Development Fee Act, N.J.S.A. 40:55D-8.1 et seq.
A process by which currently income-eligible households are selected for placement in affordable housing units such that no preference is given to one applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable housing unit (e.g., by lottery).
The maximum housing value in Housing Region 6 affordable to a four-person household with an income at 80% of the annual regional median income.
The repair, renovation, alteration or reconstruction of any building or structure pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.
The gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. In assisted-living facilities, rent does not include charges for food and services.
Any building or structure, or portion thereof, including but not limited to any appurtenant improvements, which is: 1) designated to a residential use group according to the State Uniform Construction Code promulgated to effectuate the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), including any subsequent amendments or revisions thereto; or 2) designated as Class 2 or Class 4C pursuant to the New Jersey taxation property classifications set forth in N.J.A.C. 18:12-2.2, as may hereafter be amended and/or supplemented.
Money paid by a developer for the development of property pursuant to Chapter 95 for residential development.
The official form adopted by the Township of Woolwich by way of resolution, as may be amended from time to time, which shall be used for determining the residential development fee required for all residential development and the residential portion of any mixed-use development pursuant to Chapter 95.
A dwelling unit, whether a rental unit or for-sale unit, that is subject to the affordability controls set forth in UHAC, as may be amended and supplemented, but does not include a market-rate unit financed under the Urban Home Ownership Recovery Program (UHORP) or Market-Oriented Neighborhood Investment Program (MONI).
The plan to spend funds deposited into the Affordable Housing Trust Fund, prepared by the Township of Woolwich and approved by the DCA on behalf of COAH or by a court of competent jurisdiction.
Statewide Non-Residential Development Fee Act, N.J.S.A. 40:55D-8.1 et seq., as the same may be amended and supplemented.
The Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et seq., as may be amended or supplemented.
A household with a total gross annual household income equal to 30% or less of the median household income.
An affordable housing unit that is affordable to a very-low-income household.
Building insulation (for attic, exterior walls and crawl space), siding to improve energy efficiency, replacement storm windows, replacement storm doors, replacement windows and replacement doors, and is considered a major system for rehabilitation.
§ 203-92 Affordable housing obligation.
A.
This article is intended to assure that affordable housing units are created with controls on affordability over time and that very-low-income households, low-income households and moderate-income households shall occupy these units. This article shall apply except where inconsistent with applicable law.
B.
The Planning Board of the Township of Woolwich has adopted a Housing Element and Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1 et seq. The Fair Share Plan has been endorsed by the governing body. The Fair Share Plan describes the ways the Township of Woolwich shall address its fair share of affordable housing units.
C.
This article implements and incorporates the Fair Share Plan and addresses the requirements of the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., and its implementing regulations, as may be amended and supplemented.
D.
The Township of Woolwich shall file monitoring reports with the DCA acting on behalf of COAH in accordance with the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., and its implementing regulations, where substantive certification has been granted, or with any other entity identified in any judgment of compliance, tracking the status of the implementation of the Housing Element and Fair Share Plan. Any plan evaluation report of the Housing Element and Fair Share Plan and monitoring prepared by the Township of Woolwich shall be available to the public at the Township of Woolwich Municipal Building, Municipal Clerk's office, 33 Mechanic Street, Gloucester Court House, NJ 08210.
§ 203-93 Affordable housing programs.
In satisfying its affordable housing obligations, the Township of Woolwich may use one or more of the following mechanisms to satisfy its affordable housing obligations: rehabilitation, municipally sponsored and 100% affordable developments, supportive and special needs housing, sites zoned in previously adopted plans, and sites yielding affordable housing units as a condition of development approval. The official mechanisms that the Township of Woolwich will utilize to satisfy its affordable housing obligations are set forth in the Township's Housing Element and Fair Share Plan.
A.
Rehabilitation program.
(1)
The Township of Woolwich's rehabilitation program shall be designed to renovate deficient housing units occupied by very-low-income households, low-income households and/or moderate-income households such that, after rehabilitation, these units will comply with the New Jersey State Housing Code pursuant to N.J.A.C. 5:28.
(2)
Both owner-occupied and renter-occupied units shall be eligible for rehabilitation funds. To accomplish the rehabilitation of rental units, the Township of Woolwich commits to the expansion of its rehabilitation activity through the establishment of a program specifically addressing the rehabilitation of rental units, such that, after rehabilitation, these units will comply with the New Jersey State Housing Code pursuant to N.J.A.C. 5:28.
(3)
All rehabilitated units shall remain affordable to very-low-income households, low-income households and/or moderate-income households for a period of 10 years (the control period). For owner-occupied units, the control period will be enforced with a lien, and for renter-occupied units, the control period will be enforced with a deed restriction.
(4)
The Township of Woolwich shall dedicate a minimum of $10,000 for each unit to be rehabilitated through this program, reflecting the minimum hard cost of rehabilitation for each unit.
(5)
The Township Committee of the Township of Woolwich shall adopt a resolution committing to fund any shortfall in the rehabilitation programs for the Township of Woolwich.
(6)
The Township of Woolwich shall designate one or more administrative agents to administer the rehabilitation program in accordance with the Fair Housing Act and its implementing regulations. The administrative agent(s) shall provide a rehabilitation manual for the owner-occupancy rehabilitation program and a rehabilitation manual for the rental-occupancy rehabilitation program to be adopted by resolution of the governing body and consistent with all applicable requirements of the Fair Housing Act and its implementing regulations. Both rehabilitation manuals shall be available for public inspection in the office of the Municipal Clerk and in the office(s) of the administrative agent(s).
(7)
Units in a rehabilitation program shall be exempt from UHAC but shall be administered in accordance with the following:
(a)
If a unit is vacant, upon initial rental subsequent to rehabilitation, or if a renter-occupied unit is rerented prior to the end of controls on affordability, the deed restriction shall require the unit to be rented to a low- or moderate-income household at an affordable rent and affirmatively marketed pursuant to UHAC and the Township of Woolwich's Affirmative Marketing Plan.
(b)
If a unit is renter-occupied, upon completion of the rehabilitation, the maximum rate of rent shall be the lesser of the current rent or the maximum permitted rent pursuant to UHAC.
(c)
Rents in rehabilitated units may increase annually based on the standards in UHAC.
(d)
Applicant and/or tenant households shall be certified as income-eligible in accordance with UHAC, except that households in owner-occupied units shall be exempt from the regional asset limit.
B.
Municipally sponsored and 100% affordable development program.
(1)
Under a municipally sponsored and 100% affordable development program, the Township of Woolwich will serve either as the primary sponsor or enter into a partnership with a nonprofit or other housing provider to facilitate the construction of developments in which all units are available to very-low-income households, low-income households and moderate-income households.
(2)
The following provisions shall apply to municipally sponsored and 100% affordable developments:
(a)
All sites shall meet the site suitability criteria set forth in the Fair Housing Act and its implementing regulations.
(b)
The Township of Woolwich or developer/sponsor shall have control or the ability to control the site(s).
(c)
The construction schedule shall provide for construction to begin within two years of substantive certification or in accordance with the Township of Woolwich's implementation schedule pursuant to the Fair Housing Act and its implementing regulations.
(d)
The first floor of all townhouse dwelling units and of all other multistory dwelling units must be adaptable and comply with the Fair Housing Act and its implementing regulations.
(3)
The units shall comply with UHAC.
(4)
Within each municipally sponsored and 100% affordable development, all of the affordable housing units shall be divided equally between low-income households and moderate-income households, and a minimum of 13% of the all affordable housing units shall be affordable to households earning no more than 30% of the median gross income for households of the same size within Housing Region 6.
C.
Supportive and special needs housing program.
(1)
A supportive and special needs housing program is established to promote opportunity for housing which includes, but is not limited to, residential health care facilities as licensed and/or regulated by DCA or the New Jersey Department of Health if the facility is located with, and operated by, a licensed health care facility; group homes for people with developmental disabilities and mental illness as licensed and/or regulated by the New Jersey Department of Human Services; permanent supportive housing; and supportive shared-living housing.
(2)
The following provisions shall apply to group homes, residential health care facilities, supportive shared-living housing, and permanent supportive housing:
(a)
Occupancy shall not be restricted to youth under 18 years of age.
(b)
All sites shall meet the site suitability criteria set forth in the Fair Housing Act and its implementing regulations.
(c)
The municipality or developer/sponsor shall have site control or the ability to control the site(s).
(d)
The bedrooms and/or units shall comply with UHAC with the following exceptions:
[1]
Affirmative marketing (N.J.A.C. 5:80-26.15); however, group homes, residential health care facilities, permanent supportive housing and supportive shared-living housing shall be affirmatively marketed to individuals with special needs in accordance with a plan that is consistent with all applicable requirements of the Fair Housing Act and its implementing regulations;
[2]
Affordability average and bedroom distribution as set forth in UHAC; and
[3]
With the exception of units established with capital funding through a twenty-year operating contract with the Department of Human Services, Division of Developmental Disabilities, group homes, residential health care facilities, supportive shared-living housing and permanent supportive housing shall have the appropriate controls on affordability in accordance with the Fair Housing Act and its implementing regulations.
D.
Sites zoned in previously adopted plans.
(1)
Site(s) in a previously certified fair share plan or judgment of compliance shall retain such zoning in any future round fair share plan, provided that the sites are approved by the Court for inclusion in the future round in a judgment of compliance, or:
(a)
The DCA, acting on behalf of COAH, determines that the site continues to present a realistic opportunity pursuant to Subsection D(2) below; and
(b)
The site was subject to an agreement pursuant to COAH's mediation process or part of a negotiated settlement in court; or, in the alternative, the developer of the site has filed a development application with the municipality prior to the expiration of the second-round substantive certification period or the municipal petition for substantive certification for the 1999 through 2018 period, whichever is later.
(2)
A zoned but unbuilt site that was included in a housing element and fair share plan that received prior-round substantive certification or a judgment of compliance shall be evaluated at the time the municipality petitions for the third round to determine if the site continues to present a realistic opportunity for the construction of affordable housing. Where a judgment of compliance is sought, a zoned but unbuilt site that was included in a housing element and fair share plan that received prior-round substantive certification or a judgment of compliance shall be evaluated by a court of competent jurisdiction at the time that the judgment of compliance is sought to determine if the site continues to present a realistic opportunity for the construction of affordable housing.
E.
Conversions. Affordable housing units created through the conversion of a nonresidential structure into a residential structure shall be treated as new construction, subject to the requirements set forth in § 203-94, and will be subject to the thirty-year controls on affordability as set forth in a deed restriction.
§ 203-94 New construction.
The following general guidelines apply to all newly constructed affordable housing developments and newly constructed affordable housing units, including any currently unanticipated future developments that will provide very-low-income units, low-income units and moderate-income units.
A.
Low/moderate split and bedroom distribution of affordable housing units.
(1)
The fair share obligation shall be divided equally between low-income unit and moderate-income units, except that where there is an odd number of affordable housing units, the extra unit shall be a low-income unit. At least 13% of all restricted rental units across bedroom distribution shall be very-low-income units (affordable to a household earning 30% or less of regional median income by household size). The very-low-income units shall be counted as part of the required number of low-income units within the development.
(2)
In each affordable housing development, at least 50% of the affordable housing units within each bedroom distribution shall be low-income units.
(3)
Affordable housing developments that are not age-restricted shall be structured in conjunction with realistic market demands such that:
(a)
The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low-income units and moderate-income units;
(b)
At least 30% of all low-income units and moderate-income units shall be two-bedroom units;
(c)
At least 20% of all low-income units and moderate-income units shall be three-bedroom units; and
(d)
The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.
(4)
Affordable housing developments that are age-restricted shall be structured such that the number of bedrooms shall equal the number of age-restricted very-low-income households, low-income households and moderate-income households within the inclusionary development. The standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit.
B.
Accessibility requirements.
(1)
All affordable housing units shall be adaptable in conformance with P.L. 2005, c. 350, N.J.S.A. 52:27D-311a and N.J.S.A. 52:27D-311b, and shall be subject to the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
(2)
All affordable housing units within an affordable housing development and all restricted units in other multistory buildings in which a restricted unit is attached to at least one other dwelling unit shall have the following features:
(a)
An adaptable toilet and bathing facility on the first floor;
(b)
An adaptable kitchen on the first floor;
(c)
An interior accessible route of travel on the first floor;
(d)
An interior accessible route of travel shall not be required between stories within an individual unit;
(e)
An adaptable room that can be used as a bedroom, with a door or the casing for the installation of a door, on the first floor; and
(f)
An accessible entranceway as set forth at P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C. 5:23-7, or evidence that the Township of Woolwich has collected funds from the developer sufficient to make 10% of the adaptable entrances in the development accessible.
[1]
Where a unit has been constructed with an adaptable entrance, upon the request of a disabled person who is purchasing or will reside in the dwelling unit, an accessible entrance shall be installed.
[2]
To this end, the builder of restricted units shall deposit funds within the Township of Woolwich's Affordable Housing Trust Fund sufficient to install accessible entrances in 10% of the affordable housing units that have been constructed with adaptable entrances.
[3]
The funds deposited under Subsection B(2)(f)[2] above shall be used by the Township of Woolwich for the sole purpose of making the adaptable entrance of any affordable housing unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.
[4]
The developer of the restricted units shall submit a design plan and cost estimate for the conversion from adaptable to accessible entrances to the Construction Official of the Township of Woolwich.
[5]
Once the Construction Official has determined that the design plan to convert the unit entrances from adaptable to accessible meets the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7, and that the cost estimate of such conversion is reasonable, payment shall be made to the Township of Woolwich's Affordable Housing Trust Fund in care of the Municipal Treasurer, who shall ensure that the funds are deposited into the Affordable Housing Trust Fund and appropriately earmarked.
[6]
Full compliance with the foregoing provisions shall not be required where an entity can demonstrate that it is site impracticable to meet the requirements. Determinations of site impracticability shall be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.
C.
Maximum rents and sales prices.
(1)
Income limits for all affordable housing units shall be updated by the Township annually either in reliance upon the annual "Affordable Housing Regional Income Limits By Household Size" schedule prepared by the Affordable Housing Professionals of New Jersey (AHPNJ) or within 30 days of the publication of determinations of median income by the United States Department of Housing and Urban Development (HUD) as follows:
(a)
Regional income limits shall be established for the Housing Region in which the Township is located (in this case, Housing Region 6) based on the median income by household size, which shall be established by a regional weighted average of the uncapped Section 8 income limits published by HUD. To compute this regional income limit, the HUD determination of median county income for a family of four is multiplied by the estimated number of households within the county according to the most recent decennial census. The resulting product for each county within the housing region is summed. The sum is divided by the estimated total number of households from the most recent decennial census in the Township's housing region. This quotient represents the regional weighted average of median income for a household of four. The income limit for a moderate-income unit for a household of four shall be 80% of the regional weighted average median income for a family of four. The income limit for a low-income unit for a household of four shall be 50% of the HUD determination of the regional weighted average median income for a family of four. The income limit for a very-low-income unit for a household of four shall be 30% of the regional weighted average median income for a family of four. These income limits shall be adjusted by household size based on multipliers used by HUD to adjust median income by household size. In no event shall the income limits be less than those for the previous year.
(b)
The regional asset limit used in determining an applicant's eligibility for affordable housing pursuant to N.J.A.C. 5:80-26.16(b)3 shall be calculated by the Township annually either in reliance upon the annual "Affordable Housing Regional Income Limits By Household Size" schedule prepared by the Affordable Housing Professionals of New Jersey (AHPNJ) or by taking the percentage increase of the income limits calculated pursuant to Subsection C(1)(a) above over the previous year's income limits and applying the same percentage increase to the regional asset limit from the prior year. In no event shall the regional asset limit be less than that for the previous year.
(c)
The income limits attached as Exhibit D to the Settlement Agreement between the Township and Fair Share Housing Center, dated January 27, 2022, shall be utilized as the income limits until the Township updates the income limits as set forth above.
(2)
The maximum rent for rental affordable housing units within each development shall be affordable to households earning no more than 60% of median income, and the average rent for all affordable housing units shall be affordable to households earning no more than 52% of median income. Gross rents, including an allowance for utilities, shall be established so as not to exceed 30% of the gross monthly income of the appropriate household size.
(3)
The administrative agent of rental affordable housing units shall establish at least one rent for each bedroom type for very-low-income units, low-income units and moderate-income units.
(4)
Pursuant to N.J.S.A. 52:27D-329.1, at least 13% of all affordable housing units provided in a development across bedroom distribution shall be affordable to households earning no more than 30% of the median gross income for households of the same size within Housing Region 6. Within each municipally sponsored and 100% affordable housing development, a minimum of 13% of the units provided shall be so restricted. The very-low-income units shall be counted as part of the required number of low-income units within the development.
(5)
The maximum sales price of for-sale affordable housing units within each affordable housing development shall be affordable to households earning no more than 70% of median income, and each affordable housing development must achieve an affordability average of 55% for the for-sale affordable housing units; in achieving this affordability average, for-sale moderate-income units must be available for at least three different prices for each bedroom type, and for-sale low-income units must be available for at least two different prices for each bedroom type.
(6)
In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted units other than assisted-living facilities, the following standards shall be used:
(a)
A studio or efficiency shall be affordable to a one-person household;
(b)
A one-bedroom unit shall be affordable to a one-and-one-half-person household;
(c)
A two-bedroom unit shall be affordable to a three-person household;
(d)
A three-bedroom unit shall be affordable to a four-and-one-half-person household; and
(e)
A four-bedroom unit shall be affordable to a six-person household.
(7)
In determining the initial rents for compliance with the affordability average requirements for restricted units in assisted-living facilities, the following standards shall be used:
(8)
The initial purchase price for all for-sale affordable housing units shall be calculated so that the monthly carrying cost of the unit, including principal and interest (based on a mortgage loan equal to 95% of the purchase price and the Federal Reserve H.15 rate of interest), taxes, homeowner and private mortgage insurance and condominium or homeowners' association fees do not exceed 28% of the eligible monthly income of the appropriate size household as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(9)
The initial rent for a restricted rental unit shall be calculated so as not to exceed 30% of the eligible monthly income of the appropriate household size as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the rent shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(10)
The price of owner-occupied affordable housing units may increase annually based on the percentage increase in the regional median income limit for each housing region. In no event shall the maximum resale price established by the administrative agent be lower than the last recorded purchase price.
(11)
The rent of affordable housing units may be increased annually based on the percentage increase in the Housing Consumer Price Index for the United States. This increase shall not exceed 9% in any one year. Rents for units constructed pursuant to low-income housing tax credit regulations shall be indexed pursuant to the regulations governing low-income housing tax credits.
(12)
Utilities. For both for-sale affordable housing units and rental affordable housing units, the affordable housing units shall utilize the same heating source as the market-rate units within the development. Tenant-paid utilities that are included in the utility allowance shall be so stated in the lease and shall be consistent with the utility allowance approved by DCA for its Section 8 program.
D.
Unit mix requirements. All affordable housing units shall comply with the required unit mix.
(1)
At least 50% of the affordable housing units shall be affordable to very-low-income and low-income households with the remainder affordable to moderate-income households.
(2)
No more than 50% of the affordable housing units shall be affordable to moderate-income households.
(3)
At least 13% of all affordable housing units referenced in this agreement, excepting those units that were constructed or granted preliminary or final site plan approval prior to July 1, 2008, shall be very-low-income units for households earning 30% or less of the median income pursuant to the Fair Housing Act, N.J.S.A. 52:27D-301 et seq. (FHA), with half of the very-low-income units being available to families.
E.
Affordable housing units will be built in accordance with the following schedule:
Minimum Percentage of Affordable Housing Units Completed | Percentage of Market-Rate Units Completed |
|---|---|
0% | 25% |
10% | 25% + 1 unit |
50% | 50% |
75% | 75% |
100% | 90% |
F.
Upon request from the developer, the Township of Woolwich will eliminate cost-generating features from Woolwich's land use ordinances that are not essential to the public welfare in accordance with Section 14(b) of the Fair Housing Act.[1] Upon request from the developer, the Township of Woolwich will also expedite or fast track municipal approvals/denials on affordable housing development applications.
[1]
Editor's Note: See N.J.S.A. 52:27D-314b.
G.
Prior to or simultaneously with the submission of any application for development, as the term is defined in N.J.S.A. 40:55D-3, or any application for a zoning permit, for any affordable housing development or any development in which affordable housing units are proposed, the developer shall submit to the Municipal Housing Liaison notice of the application along with information advising of the number of affordable housing units proposed to be created as part of the development.
H.
In inclusionary developments, to the extent possible, low- and moderate-income units shall be integrated with the market-rate units, and the affordable housing units shall not be concentrated in separate building(s) or in separate area(s) or floor(s) from the market-rate units. In buildings with multiple dwelling units, this shall mean that the affordable housing units shall be generally distributed within each building with market-rate units. The residents of the affordable housing units shall have full and equal access to all of the entryways, amenities, common areas, and recreation areas and facilities as the residents of the market-rate units.
I.
Affordability controls. All of the affordable units shall fully comply with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. (UHAC), including but not limited to the required bedroom and income distribution, with the sole exception that 13% of the affordable units within each bedroom distribution shall be required to be for very-low-income households earning 30% or less of median income pursuant to the FHA. All of the affordable units shall be subject to affordability controls of at least 30 years from the date of initial occupancy and affordable deed restrictions as provided for by UHAC, with the sole exception that "very-low-income" shall be defined as at or below 30% of median income pursuant to the Fair Housing Act, and the affordability controls shall remain unless and until the Township, in its sole discretion, takes action to extend or release the unit from such controls after at least 30 years. If the Township acts to release the unit from such controls, affordability controls shall remain in effect until the date on which a rental unit shall become vacant due the voluntary departure of the occupant household N.J.A.C. 5:80-26.11(b).
§ 203-95 Affirmative marketing requirements.
All affordable housing units shall be affirmatively marketed in accordance with the following requirements:
A.
The Township of Woolwich has adopted by resolution an affirmative marketing plan compliant with N.J.A.C. 5:80-26.15, as may be amended and supplemented, and the Fair Housing Act and its implementing regulations.
B.
The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age or number of children, to housing units which are being marketed by a developer, sponsor or owner of affordable housing. The affirmative marketing plan is also intended to target those potentially eligible persons who are least likely to apply for affordable housing units in that region. It is a continuing program that directs all marketing activities toward Housing Region 6 and covers the period of deed restriction.
C.
The affirmative marketing plan shall provide a regional preference for all households that live and/or work in Housing Region 6.
D.
The administrative agent shall assure the affirmative marketing of all affordable housing units consistent with the affirmative marketing plan for the municipality.
(1)
In addition to other affirmative marketing strategies, the administrative agent shall provide specific notice of the availability of affordable housing units in Woolwich to the following entities: Fair Share Housing Center (510 Park Boulevard, Cherry Hill, NJ 08002); the New Jersey State Conference of the NAACP (4326 Harbor Beach Boulevard, No. 775, Brigantine, NJ 08203); the Latino Action Network (P.O. Box 943, Freehold, NJ 07728); Cape Hope (1304 Route 47, Unit L, Rio Grande, NJ 08242); the Gloucester County, Mainland/Pleasantville, Atlantic City, Burlington, and Camden Branches of the NAACP; and the Supportive Housing Association of New Jersey (185 Valley Street, South Orange, NJ 07079).
(2)
In addition, the administrative agent shall post specific notice of the availability of affordable housing units in Woolwich on the New Jersey Housing Resource Center website in accordance with applicable law.
(3)
Advertisements for affordable housing units shall include, at a minimum, a description of the following:
(a)
Street address of the affordable housing units;
(b)
Direction to the affordable housing units;
(c)
Number of bedrooms per affordable housing unit;
(d)
Range of prices/rents;
(e)
Size of units;
(f)
Income information; and
(g)
Location of applications, including business hours and where/how applications can be obtained.
E.
In implementing the affirmative marketing plan, the administrative agent shall provide a list of counseling services to applicants for an affordable housing unit on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law. Applications shall be mailed to prospective applicants upon request.
F.
The affirmative marketing process for available affordable housing units shall begin at least four months prior to the expected date of occupancy. In no event shall there be any discrimination in the sale, rental, financing or other services related to housing on the basis of race, creed, color, national origin, ancestry, marital or familial status, gender, religion, affectional or sexual orientation, disability, age or familial size or number of children.
G.
The costs of advertising and affirmative marketing of the affordable housing units shall be the responsibility of the developer, sponsor or owner, unless otherwise determined or agreed to by the Township of Woolwich.
H.
Households who live or work in Atlantic, Gloucester, Cumberland, and Salem Counties may be given preference for the for-sales and rental affordable housing units constructed within the housing region. Applicants living outside Housing Region 6 shall have an equal opportunity for the units after regional applicants have been initially serviced.
§ 203-96 Occupancy standards.
All affordable housing units shall comply with the following:
A.
In referring certified households to specific affordable housing units, to the extent feasible, and without causing an undue delay in occupying the unit, the administrative agent shall strive to:
B.
Additional provisions related to occupancy standards (if any) shall be provided in the municipal operating manual.
C.
A certificate of reoccupancy shall be required prior to the occupancy of any affordable housing unit resulting from a resale.
§ 203-97 Control periods for for-sale units and enforcement mechanisms.
All affordable housing units which are for-sale units shall comply with the following:
A.
Control periods for for-sale affordable housing units shall be in accordance with N.J.A.C. 5:80-26.5, as may be amended and supplemented, and each for-sale affordable housing unit shall remain subject to the requirements of this article until the Township of Woolwich elects to release the unit from such requirements; however, and prior to such an election, a for-sale affordable housing unit must remain subject to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented, for at least 30 years.
B.
The affordability control period for a for-sale affordable housing unit shall commence on the date the initial certified household takes title to the unit.
C.
Prior to the issuance of the initial certificate of occupancy for a for-sale affordable housing unit and upon each successive sale during the period of restricted ownership, the administrative agent shall determine the restricted price for the unit and shall also determine the nonrestricted, fair market value of the unit if it were a market-rate unit based on either an appraisal or the unit's equalized assessed value, subject to the approval of the Municipal Housing Liaison.
D.
At the time of the first sale of a for-sale affordable housing unit, the purchaser shall execute and deliver to the administrative agent a recapture note obligating the purchaser (as well as the purchaser's heirs, successors and assigns) to repay, upon the first nonexempt sale after the unit's release from the requirements of this article, an amount equal to the difference between the unit's nonrestricted fair market value if it were a market-rate unit and its restricted price, and the recapture note shall be secured by a recapture lien evidenced by a duly recorded mortgage on the unit.
E.
The affordability controls set forth in this article shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to for-sale affordable housing units.
F.
A for-sale affordable housing unit shall be required to obtain a continuing certificate of occupancy or a certified statement from the Construction Official stating that the unit meets all code standards upon the first transfer of title that follows the expiration of the applicable minimum control period provided under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.
§ 203-98 Price restrictions for for-sale units; homeowners' association fees; resale prices.
Price restrictions for for-sale affordable housing units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, including:
A.
The initial purchase price for a for-sale affordable housing unit shall be set by the administrative agent and approved by the Municipal Housing Liaison.
B.
The administrative agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the foregoing standards. All resale prices shall be approved by the Municipal Housing Liaison.
C.
Master deeds of affordable housing developments will regulate condominium or homeowners' association fees or special assessments for affordable housing units at a rate equal to at least 33% but no more than 50% of those paid by market-rate units. Once established within the master deed, the percentages shall not be amended without prior approval from the DCA acting on behalf of COAH or a court of competent jurisdiction. The method used to determine the condominium association fee amounts and special assessments shall be indistinguishable between the affordable housing unit owners and the market-unit owners.
D.
The owners of for-sale affordable housing units may apply to the administrative agent to increase the maximum sales price for the unit on the basis of capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom. The administrative agent shall make the initial determination as to the eligibility of maximum sale price increases, provided that all maximum sale price increases shall be approved by the Municipal Housing Liaison.
§ 203-99 Buyer income eligibility.
A.
Buyer income eligibility for for-sale affordable housing units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, such that very-low-income units shall be reserved for households with a gross household income of less than or equal to 30% of median income, low-income units shall be reserved for households with a gross household income less than or equal to 50% of median income and moderate-income units shall be reserved for households with a gross household income less than 80% of median income.
B.
The administrative agent shall certify a household as eligible for a for-sale affordable housing unit when the household is a very-low-income household, a low-income household or a moderate-income household, as applicable to the unit, and the estimated monthly housing cost for the particular unit (including principal, interest, taxes, homeowner and private mortgage insurance and condominium or homeowners' association fees, as applicable) does not exceed 33% of the household's certified monthly income.
§ 203-100 Limitations on indebtedness secured by for-sale units; subordination.
A.
Prior to incurring any indebtedness to be secured by a for-sale affordable housing unit, the administrative agent shall determine, in writing, that the proposed indebtedness complies with the provisions of this section.
B.
With the exception of original purchase money mortgages, during a control period, neither an owner nor a lender shall at any time cause or permit the total indebtedness secured by a for-sale affordable housing unit to exceed 95% of the maximum allowable resale price of that unit, as such price is determined by the administrative agent in accordance with N.J.A.C. 5:80-26.6(b).
§ 203-101 Control periods for rental units.
All affordable housing units which are rental units shall comply with the following:
A.
Control periods for rental affordable housing units shall be in accordance with UHAC, and N.J.A.C. 5:80-26.11, as may be amended and supplemented, and each rental affordable housing unit shall remain subject to the requirements of this article until the Township of Woolwich elects to release the unit from such requirements pursuant to action taken in compliance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, and, prior to such an election, a rental affordable housing unit must remain subject to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented, for at least 30 years.
B.
Deeds of all real property that include rental affordable housing units shall contain deed restriction language. The deed restriction shall have priority over all mortgages on the property, and the deed restriction shall be filed by the developer or seller with the records office of the County of Gloucester. A copy of the filed document shall be provided to the administrative agent and the Municipal Housing Liaison within 30 days of the receipt of a certificate of occupancy.
C.
A rental affordable housing unit shall remain subject to the affordability controls of this article, despite the occurrence of any of the following events:
§ 203-101.1 Price restrictions for rental units; leases.
All affordable housing units which are rental units shall comply with the following:
A.
A written lease shall be required for all rental affordable housing units, except for units in assisted-living facilities, and tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease. A copy of the current lease for each rental affordable housing unit shall be provided to the administrative agent and the Municipal Housing Liaison.
B.
No additional fees or charges shall be added to the approved rent (except, in the case of units in assisted-living facilities, to cover the customary charges for food and services) without the express written approval of the administrative agent and the Municipal Housing Liaison.
C.
Application fees (including the charge for any credit check) shall not exceed 5% of the monthly rent of the applicable restricted unit and shall be payable to the administrative agent to be applied to the costs of administering the controls applicable to the rental affordable housing unit as set forth in this article.
§ 203-101.2 Tenant income eligibility.
A.
Tenant income eligibility for rental affordable housing units shall be in accordance with N.J.A.C. 5:80-26.13, as may be amended and supplemented, and shall be determined as follows:
(1)
Very-low-income units shall be reserved for households with a gross household income less than or equal to 30% of median income.
(2)
Low-income units shall be reserved for households with a gross household income less than or equal to 50% of median income.
(3)
Moderate-income units shall be reserved for households with a gross household income less than 80% of median income.
B.
The administrative agent shall certify a household as eligible for a rental affordable housing unit when the household is a very-low-income, low-income household or a moderate-income household, as applicable to the unit, and the rent proposed for the unit does not exceed 35% (40% for age-restricted units) of the household's eligible monthly income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended and supplemented; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:
(1)
The household currently pays more than 35% (40% for households eligible for age-restricted units) of its gross household income for rent, and the proposed rent will reduce its housing costs;
(2)
The household has consistently paid more than 35% (40% for households eligible for age-restricted units) of eligible monthly income for rent in the past and has proven its ability to pay;
(3)
The household is currently in substandard or overcrowded living conditions;
(4)
The household documents the existence of assets with which the household proposes to supplement the rent payments; or
(5)
The household documents proposed third-party assistance from an outside source such as a family member in a form acceptable to the administrative agent and the owner of the unit.
§ 203-101.3 Enforcement of affordable housing regulations; violations and penalties.
A.
Upon the occurrence of a breach of this Chapter 203, Article XII, or any of the regulations governing the affordable housing unit by an administrative agent, owner, sponsor, developer or tenant, the municipality shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, municipal fines, a requirement for household recertification, acceleration of all sums due under a mortgage, recoupment of any funds from a sale in violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.
B.
After providing written notice of a violation to an administrative agent, owner, sponsor, developer or tenant of an affordable housing unit and advising the administrative agent, owner, sponsor, developer or tenant of the penalties for such violations, the municipality may take the following action against the administrative agent, owner, sponsor, developer or tenant for any violation that remains uncured for a period of 60 days after service of the written notice:
(1)
The municipality may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation, or violations, of the regulations governing the affordable housing unit. If the administrative agent, owner, sponsor, developer or tenant is found by the court to have violated any provision of the regulations governing affordable housing units, the administrative agent, owner, sponsor, developer or tenant shall be subject to one or more of the following penalties, at the discretion of the court:
(b)
In the case of an owner who has rented his or her affordable housing unit in violation of the regulations governing affordable housing units, payment into the Township of Woolwich Affordable Housing Trust Fund of the gross amount of rent illegally collected.
(c)
In the case of an owner who has rented his or her affordable housing unit in violation of the regulations governing affordable housing units, payment of an innocent tenant's reasonable relocation costs, as determined by the court.
(2)
The municipality may file a court action in the Superior Court seeking a judgment which would result in the termination of the owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any judgment shall be enforceable as if the same were a judgment of default of the first purchase money mortgage and shall constitute a lien against the affordable housing unit.
C.
Such judgment shall be enforceable, at the option of the municipality, by means of an execution sale by the Sheriff, at which time the affordable housing unit of the violating owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any first purchase money mortgage and prior liens and the costs of the enforcement proceedings incurred by the municipality, including attorney's fees. The violating owner shall have the right to possession terminated as well as the title conveyed pursuant to the Sheriff's sale.
D.
The proceeds of the Sheriff's sale shall first be applied to satisfy the first purchase money mortgage lien and any prior liens upon the affordable housing unit. The excess, if any, shall be applied to reimburse the municipality for any and all costs and expenses incurred in connection with either the court action resulting in the judgment of violation or the Sheriff's sale. In the event that the proceeds from the Sheriff's sale are insufficient to reimburse the municipality in full as aforesaid, the violating owner shall be personally responsible for and to the extent of such deficiency, in addition to any and all costs incurred by the municipality in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus, if any, shall be placed in escrow by the municipality for the owner and shall be held in such escrow for a maximum period of two years or until such earlier time as the owner shall make a claim with the municipality for such. Failure of the owner to claim such balance within the two-year period shall automatically result in a forfeiture of such balance to the municipality. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the municipality, whether such balance shall be paid to the owner or forfeited to the municipality.
E.
Foreclosure by the municipality due to violation of this Chapter 203, Article XII, or the regulations governing affordable housing units shall not extinguish the restrictions and provisions of this Chapter 203, Article XII, or the regulations governing affordable housing units as the same apply to the affordable housing unit. Title shall be conveyed to the purchaser at the Sheriff's sale, subject to the restrictions and provisions of this Chapter 203, Article XII, and the regulations governing the affordable housing unit. The owner determined to be in violation of the provisions of this Chapter 203, Article XII, or the regulations governing affordable housing units and from whom title and possession were taken by means of the Sheriff's sale shall not be entitled to any right of redemption.
F.
If there are no bidders at the Sheriff's sale, or if insufficient amounts are bid to satisfy the first purchase money mortgage and any prior liens, the municipality may acquire title to the affordable housing unit by satisfying the first purchase money mortgage and any prior liens and crediting the violating owner with an amount equal to the difference between the first purchase money mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the affordable housing unit could have been sold under the terms of the regulations governing affordable housing units. This excess shall be treated in the same manner as the excess which would have been realized from an actual sale as previously described.
G.
Failure of the affordable housing unit to be either sold at the Sheriff's sale or acquired by the municipality shall obligate the owner to accept an offer to purchase from any qualified purchaser which may be referred to the owner by the municipality, with such offer to purchase being equal to the maximum resale price of the affordable housing unit as permitted by the regulations governing affordable housing units.
H.
The owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions governing affordable housing units until such time as title is conveyed from the owner.
§ 203-101.4 Appeals.
Appeals from all decisions of an administrative agent designated pursuant to this article shall be filed, in writing, with the Executive Director of the DCA or the Law Division of the Superior Court of New Jersey.
§ 203-102 Intent.
This article is intended to isolate and insulate residential uses from agricultural uses. It is the intent of this article that a one-hundred-foot buffer which shall include a six-foot black vinyl-coated chain link fence and a twenty-five-foot vegetative fence is to be constructed at property lines by the developer of a residential major or minor subdivision where said residential major or minor subdivision shall adjoin active or preserved farmland or agricultural land.
§ 203-103 Buffer required for residential subdivisions.
A one-hundred-foot buffer, including living and six-foot black vinyl-coated chain link fencing as hereinafter provided shall be constructed for all residential subdivisions in the Township of Woolwich where said residential major and minor subdivisions adjoin any of the following:
§ 203-104 Terms defined.
§ 203-105 Exceptions.
A.
No fence shall be constructed of a six-foot black vinyl-coated chain link fence or a living fence on the occurrence of any of the following:
(1)
Where the current owner or owners of the adjoining lands at the time of application which would otherwise require fencing shall have waived the fence requirements in writing and at the discretion of the Planning Board and Zoning Board of Adjustment before which the application is pending.
(2)
Where the construction of a fence would pass into, through, or upon any area described by the State of New Jersey as "wetlands" and "transition areas."
(3)
Where natural boundaries that would prevent the construction of either fence, whether it be the chain link or living fence, including actual waterways or a naturally existing forest with sufficient density that would prohibit the construction of a fence, unless said forest area were removed. The determination as to "sufficient density" shall be within the discretion of the Planning Board or Zoning Board of Adjustment before which the application is pending.
(4)
Depending on the feasibility of constructing a fence where a slope exists, the requirement to construct a fence along steep slope areas may be waived at the discretion of the Planning Board or Zoning Board of Adjustment before which the application is pending.
(5)
Areas where the construction of a fence is likely to alter or modify or restrict the flow of water or waters so as to create any damming effect.
B.
This article is intended to apply to a wide range of conditions which may exist in the Township of Woolwich. Any part of this article may be waived by the Planning Board or Zoning Board of Adjustment, whichever shall have jurisdiction, where such Board makes specific findings of fact that the imposition of requirements of this article would be detrimental to landowners, their use of property or to the Township of Woolwich. No part of this article shall, however, be waived unless good cause be found in findings of facts established by the Board having jurisdiction.
§ 203-106 Fence standards.
A.
A six-foot black vinyl-coated chain link fence of six feet in height shall be required along the residential property line between the farm and the residential major or minor subdivision. The standard to be applied shall be § 203-70, Fences. The fence specification shall be applied as the actual standards to be utilized in this article. A fence shall be provided along with the living fence that will begin at the fence on the residential property side and continue into the residential property and shall not be in conflict with Ord. No. 2005-25," Ordinance to Amend Certain Sections of Chapter 203 of the Code of the Township of Woolwich, Entitled Zoning, Section 203-40.C.1.x.2.; Section 203-40.C.3.vi; Section 203-41.C.4.ix.2; Section 203-41.C.6.xiv.; Section 203-42.C.14.xxvi.; and Section 203-42.C.15.xiv."[1]
B.
No six-foot black vinyl-coated chain link fence shall be installed or erected except in accordance with the provisions of this article.
§ 203-107 Living fence defined.
A. LIVING FENCE(1) (2) (3) (4) (a) (b) (c) (d) [1] [2] [3] [4] [5] [6] [7] [8] [9] [10]
A living fence shall be defined as follows:
All plant varieties that are hardy and native to southern New Jersey. There shall be a suggested list for all developments, allowing for substitutions where circumstances merit. All plantings are subject to § 203-68, Landscaping. The living fence shall begin at the wood fence on the property line and not be less than 25 feet in depth from the fence.
All ground areas shall be planted with the seed mixture appropriate for the soil type and location unless the area is a mowed sod area or improved.
Recommended plants:
Shrubs, deciduous and evergreen (three feet in height or greater).
Aronia arbutifolia - Red chokeberry.
Clethra alnifolia - Summersweet.
Hamamelis virgiana - Witchhazel.
Ilex verticulata - Winterberry.
Kalmia latifolia - Mountain laurel.
Lindera benzioa - Spicebush.
Myrica pennsylvanica - Bayberry.
Rosa rugosa - Shrub rose.
Viburnum (var) - Viburnum.
Ilexx x merserveae - China boy and China girl holly.
B.
The species provided for herein are intended to be utilized as recommended examples of living plants ideally suited to grow into fencing. Other plantings may possibly be substituted, depending on the site, sunlight, soil and such other conditions as would apply to probable growth of the planting.
§ 203-108 Standards and specifications; disclosure on application plan.
A.
No living fence shall be installed unless there shall be provided specifications and standards for the plants to be utilized. The standards and specifications shall be disclosed on the application plan, as follows:
(1)
The plantings to be utilized.
(2)
The size of the plants (minimum size shall be specified).
(3)
Distance between plants.
(4)
Proposed height of plants:
(a)
No plants or plantings shall be installed of less than three-foot initial feet in height, with that height being measured from the ground level and not a furrow.
(b)
All plants or plantings shall be installed in order that, after three years of growth, the plant or plantings shall have reached a height of not less than five feet.
B.
Any fence to be erected pursuant to this article and § 203-70, Fences, and any amendments thereto, shall be constructed at the time or times as hereinafter provided: Any fence required by this article and § 203-70, Fences, shall be erected and completed as one of the first steps to be taken in the course of development, at the time of infrastructure and grading. A sign shall be posted by the developer at the one-hundred-foot buffer line to notify potential home buyers of the restrictions within the agricultural buffer, point of sale disclosures shall be made to potential purchasers of the restriction and said restrictions shall be included in each deed of conveyance. This article shall be applicable for each subsequent section or phase sought to be developed.
§ 203-109 Responsibility for maintenance; removal prohibited.
A.
Where the living and chain link fences shall have been installed in a residential major or minor subdivision, the following parties shall be responsible for the maintenance of the fences:
(1)
The homeowners' association, where a homeowners' association has been established.
(2)
In the alternate where no homeowners' association shall have been established, the individual homeowner where the fences shall be situate.
(3)
Appropriate disclosures regarding maintenance, repairs and/or removal shall be included in the homeowner's association documents.
B.
No fence shall be removed by the homeowners' association or any owner or by any other party.
§ 203-110 Maintenance standards.
A.
Living and chain link fences shall be maintained applying the following standards:
(1)
Six-foot black vinyl-coated chain link fence shall at all times be maintained until completely overtaken by vegetative fence so as to be totally intact and to prevent trespassing except where a gate or gates may be installed between one property and another, it being the intent of the fence to prevent trespassing from one side to another and to create a specific boundary area.
(2)
The living fence shall be maintained in such a way as to create a barrier the same as a six-foot black viny-lcoated chain link fence, but of a living and green variety. The property owner and/or the homeowners' association are responsible for the maintenance of the living fence as set forth herein and shall at all times be responsible for the continued upkeep, maintenance, replanting, removal of debris and trash and to take those steps necessary to ensure that the living fence shall be maintained in a safe and aesthetic condition.
§ 203-111 Deed restrictions.
A.
Wherever a fence shall be required under this article or any amendments thereto, the applicant/developer shall establish deed restrictions, which shall contain the following limitations, restrictions, and standards:
(1)
A deed restriction shall require that the fence shall not be removed unless the adjoining property shall no longer be used for any of the purposes established in § 203-103. The property owner or other party shall notify the Township in advance of any effort to remove a deed restriction or condition imposed.
(2)
Homeowner is to maintain vegetative buffers and fence in accordance with Woolwich Township Code § 203-110, Maintenance standards.
(3)
No living or chain link fence shall be modified which may result in changes in drainage on adjacent property.
(4)
Living fences shall not be altered in any fashion to change or modify the purpose for which they were originally intended as a barrier.
(5)
Chain link and living fences at all times shall be maintained pursuant to the deed restrictions so as to prohibit access to and from adjoining properties by persons and machines.
(6)
The deed restriction shall be recorded in the Gloucester County Clerk's office and disclosed to any purchaser of lands being developed.
(7)
The deed restriction may be enforced by any party in the development, the municipality, the Planning Board or the Zoning Board of Adjustment of Woolwich Township or the adjoining property owner which may be sought to be protected.
B.
Deed restrictions shall be submitted to the Planning Board or Zoning Board of Adjustment of Woolwich Township for purposes of advanced review and approval.
§ 203-112 Diversion of water flow.
A.
Chain link and living fences shall not be installed in any way so as to interrupt the flow of waters across lands where water has previously flowed naturally.
B.
The contour of the land shall not be changed by more than 10% to accommodate a fence so as not to modify or change the natural areas of water flow across lands.
C.
No fence shall be installed in such a manner that it would act as a dam or diversion of waters to other areas.
D.
Fences shall be installed so as to accept natural areas in the existing condition both before and after the development as near as possible.
§ 203-113 Enforcement.
This article may be enforced by a developer, any landowner, any adjoining landowner, any person holding any prescriptive right, easement right, any homeowners' association, the municipality or the Police Department of the municipality or any other person as permitted by law. Enforcement resulting in repairs will be at the cost of the homeowner and/or may result in a fine imposed by the Township of Woolwich.
§ 203-114 Abandonment.
A.
This article is intended to isolate and insulate residential uses from agricultural uses. In carrying out the general intent of this article, the responsibility for the maintenance, repair and replacement has been established.
B.
However, upon the abandonment or modification of the adjoining agricultural use, wherein the purpose of the fence is thereafter no longer required pursuant to this article, the fence or fencing may be removed by the owner of the property on which the fence is situate upon application to the Township or to the Planning/Zoning Board.
§ 203-115 Agreements for boundary line fences.
Nothing shall prevent any fence from being built on a boundary line in accordance with the Township of Woolwich ordinance requirements with the written consent of both parties (i.e., developer/owner and adjoining landowner).
§ 203-116 Waivers.
Any part of this article may be waived by the Planning Board or Zoning Board of Adjustment upon formal application of the Township of Woolwich where such Board makes specific findings that the imposition of the requirements pursuant to this article would be detrimental to landowners, their uses of the property, or to the Township of Woolwich.