This article shall be known as and may be cited
as "Conditional Use Permits, Procedures and Requirements Article of
the Township of Manchester Municipal Land Use and Development Regulations
Chapter."
A. Conditional uses. The following conditional uses to
the use limitations imposed by this chapter are permitted under the
terms and specifications herein set forth. Whereas the necessity for
certain specific uses is recognized and at the same time appreciating
the fact that they or any one of them may be, or may become, inimical
to the public health, safety and general welfare of the community
if located without due consideration to the existing conditions and
surroundings, the following standards and procedures are hereby established.
B. Review standards. These standards are intended to
provide the approving agency with a guide for the purpose of reviewing
applications for conditional uses as provided for by this chapter.
In reviewing an application, the approving agency may act on site
plans submitted to it or may suggest modifications and changes. In
approving an application, the approving agency may require, in addition
to features specified, such other features or design, in keeping with
the intent thereof, that will further the purpose of these standards
and regulations. Such features shall be provided and maintained as
a condition of the establishment and maintenance of any use to which
they are a condition of approval. The approving agency shall decide
each application in accordance with the procedure provided for the
issuance of conditional use permits in this article. Each applicant
is to submit plans in accordance with the site plan or subdivision,
as the case may be.
[Amended 3-23-1998 by Ord. No. 98-008]
Public utility uses such as high-voltage transmission
lines, electrical towers and substations, sewerage pumping stations,
wells, sewage treatment plants, but no accessory service or storage
yards, may be permitted in the RA, FA-S, B-1, OR-LI, TC, HD-3, HD-3A
and HD-10 Zones, and utility service or storage yards in the LI Zone
are permitted, provided that:
A. A set of plans, specifications and plot plans, and
a statement setting forth the need and purpose of the installation
are filed with the approving agency by the applicant in triplicate.
B. Proof is furnished to the approving agency that the
proposed installation in a specific location is necessary and convenient
for the efficiency of the public utility system or the satisfactory
and convenient provision of service by the utility to the neighborhood
or area in which the particular use is to be located.
C. The design of any building utilized in connection
with such facility conforms to the general character of the area and
shall in no way adversely affect the safe and comfortable enjoyment
of property rights in the area and zone in which it is located.
D. Adequate and attractive fences and other safety devices
will be provided and sufficient landscaping including shrubs, trees
and lawn shall be provided and maintained.
[Amended 2-22-1999 by Ord. No. 99-001]
A. Permitted in RA, WTRA and PFA-S Zones. There shall
be permitted in the RA, WTRA and PFA-S Zones recreational campgrounds,
provided that the following standards and conditions are complied
with.
[Amended 6-14-2016 by Ord. No. 10-012]
B. Filing for license. Copy of an application form for a license to operate a campground, signed by the Township Clerk, is submitted to the approving agency indicating said application has been accepted for filing in accordance with Chapter
118, Campgrounds.
C. Campground requirements. Campgrounds must meet the
following requirements:
(1) Recreational campgrounds will have no less than 50
acres.
(2) Each campsite, including parking spaces, shall provide
a minimum of 2,000 square feet of space.
(3) The density of the campsites in the RA Zone shall
not exceed 12 campsites per acre. In the PFA-S Zone, the density shall
not exceed one campsite per acre; however, campsites may be clustered
provided that the net density does not exceed 10 campsites per acre.
[Amended 2-22-1999 by Ord. No. 99-001]
(4) No campsites shall be less than 100 feet from a public
highway or right-of-way, and not less than 50 feet from a property
line.
(5) The campground must comply with the standards set forth in the New Jersey State Department of Health Regulations, N.J.A.C. 8:22-1 et seq., Campgrounds, effective July 15, 1996, and with Chapter
118, Campgrounds.
D. Site plan approval; other regulations to apply. Granting
of site plan approval hereunder shall not in any way abrogate or limit
the requirements to comply with the campground license requirements
of the Township of Manchester and the approval of the Manchester Township
Board of Health in accordance with N.J.A.C. 8:22-1 et seq. prior to
the issuing of such license or building permit.
[Amended 6-14-2016 by Ord. No. 10-012]
Since the excavation of sand, gravel, stone or other natural deposits may disrupt the orderly and logical development of the Township, such activity may be allowed only by special permit subject to Chapter
328, Resource Extraction.
[Added 5-9-2005 by Ord. No. 05-017;
amended 9-8-2014 by Ord. No. 14-016; 7-13-2015 by Ord. No.
15-009]
A. Definition of age-restricted affordable garden apartments.
One or more two- or three-story multifamily structures provided in
accordance with the development standards below. Access may be from
a common hall or individual entrances can be provided. Dwelling units
can be located back-to-back, adjacent, and/or on top of each other.
The sales price or rental rates shall be within the means of a low-
or moderate-income household as defined by the New Jersey Fair Housing
Act and the New Jersey Council on Affordable Housing in N.J.A.C. 5:94
and 5:95 et seq. The permanent residents shall be restricted to residents
who are at least 55 years of age or over; or in the case of a family
unit, at least one of whom is 55 years of age or over, provided, however,
no child 19 years of age or under may reside with an occupant. Age
requirements shall be in conformity with the United States Fair Housing
Act of 1988 P.L. 100-430 U.S.C. § 3601 et seq.
B. Development standards.
(1) Minimum lot size: five acres.
(2) Maximum density: 16 units per gross acre. In addition to the 16 units per gross acre, one unit that is not required to be age-restricted in accordance with Subsection
B above will be permitted for the residential use of the complex manager.
(3) Minimum width of any garden apartment: 20 feet.
(4) Minimum floor area per unit: 500 square feet.
(5) Maximum floor area per unit: 1,200 square feet.
(6) Maximum building height: 40 feet.
(7) Maximum number of stories: three stories.
(8) Minimum frontage: 80 feet.
(9) Minimum front yard setback: 75 feet.
(10)
Minimum side yard setback: 25 feet.
(11)
Minimum rear yard setback: 50 feet.
(12)
Maximum number of units per structure: 85 units.
(13)
Sign regulations. Signs shall be installed in accordance with §
245-27E General sign regulations, with the following exceptions:
(a)
A ground sign not greater than 60 square feet
in area shall be permitted on a frontage of 80 feet or more.
(b)
Ground signs shall not be located nearer than
five feet to any property line nor within 50 feet of an intersection.
C. Off-street parking requirements. Off-street parking
shall be provided in accordance with the residential site improvement
standards, N.J.A.C. Title 5, Chapter 21.
D. Landscaping and buffer requirements. All areas not
used for the construction of buildings, recreation facilities, roads,
accessways, drainage or detention facilities, parking areas or sidewalks
shall be landscaped, grassed or left with natural vegetation. Where
a boundary line abuts a lot in a residential zone, which lot is not
owned by the developer, there shall not be cut, uprooted, destroyed
or taken away any existing trees, shrubbery or other planting within
the area of 25 feet inside the boundary line of the property abutting
a residential lot, except where necessary to provide a minimum cleared
area of 10 feet from any building. If no adequate trees, shrubs or
planting exists in the twenty-five-foot area in the natural state
of the premises before development, the area shall be provided with
an adequate approved planting plan to provide a belt of screening
within the twenty-five-foot area consisting of at least a double row
of staggered evergreens, five feet on center, and at least four feet
in height.
E. Open space and recreation requirements. Open space and recreational facilities shall be provided in accordance with §
245-82G, Open space and recreation requirements, with the following exceptions:
(1) Amount of open space required. The amount of open
space proposed shall be at least 25% of the gross tract area. The
open space in the age-restricted community may include easements and
detention basins but shall not include freshwater wetlands and wetlands
transition areas, floodplains, floodways, steep slopes of 15% or greater,
buildings, and parking lots.
(2) Recreational facilities. The open space within the
low-income garden apartment complex shall consist of passive recreational
areas suitable for activities such as nature walks, park and picnicking
areas, game tables, and observation areas. Additional site amenities
may include recreational activities suitable to the development residents.
F. Document submission. In conjunction with any application pursuant to this section, the applicant shall submit a copy of the proposed declaration of restrictive and protective covenants implementing the provisions of Subsection
B to be recorded by the applicant as an encumbrance upon the site to the Planning Board for review.
In order to preserve and protect natural woodlands,
waterways and further to afford open space area for future residents,
and concurrent with residential development in a major subdivision,
the lot size of one or more lots may be reduced to less than 40,000
square feet and have a width of less than 200 feet, but in no event
shall any lot be less than 25,000 square feet in area and have a width
of lot less than 150 feet except in the PR-A and PR-40 Zones, where
lots may be reduced in size to 20,000 square feet with a width of
no less than 125 feet, if the following conditions and regulations
are met. The cluster development provision shall in no case apply
to the PPA or PFA-R, BVR-40, or PFA-S Districts.
A. Plat map. The subdivider shall submit a plat map showing the development according to the requirements of the R-40 Zone regulations contained in Schedule A, Zoning Districts Schedule, §
245-31B, and another plat map showing the development as modified in accordance with this subsection.
B. Approval. All lands shall be dedicated to a homeowners'
association, and the approving agency shall condition final approval
upon the establishment of a homeowners' association.
C. Dedication of open space. All open space areas of
the tract being subdivided shall be dedicated and conveyed by the
owner, in fee simple absolute, by a good and sufficient deed.
D. Application requirement. All approvals for such major
subdivisions as permitted hereunder, together with the standards of
dedication and sanitary approval, shall be in accordance with the
subdivision regulations of this chapter.
E. Density regulation. In no event shall the density
of development of the entire subdivision tract exceed the exact number
of dwelling units that would have been permitted to be built if such
development had proceeded on the basis of 40,000 square feet per lot
with a width of not less than 200 feet.
[Amended 12-17-2007 by Ord. No. 07-051]
Freestanding car wash facilities subject to
the following:
A. All the requirements of the HD Zones.
B. Recognizing that the principal building used in a
car wash is generally of uniform design allowing for one or two bays
and office and storage area, no such principal building when permitted
shall be built and used unless it has a minimum of 2,500 square feet.
C. Such use shall provide adequate stacking area for
a minimum of 25 cars per bay or washing aisle on use property. The
stacking system shall in no way hinder or impair normal traffic flow
on roads or traffic flow on adjoining property.
D. The percent of land coverage shall be limited to 20%.
Animal hospitals are subject to the following:
A. All the requirements of the RA Zone.
B. No outdoor keeping of animals shall be permitted.
C. There shall be a thirty-foot landscaped buffer area
for the two side and rear yards.
[Amended 3-23-1998 by Ord. No. 98-008]
A. Purpose.
(1) The
purpose of these regulations for the siting of wireless telecommunications
towers and antennas is to:
(a) Protect residential areas and land uses from potential adverse impacts
of towers and antennas;
(b) Encourage the location of towers in appropriate locations;
(c) Minimize the total number of towers throughout the Township;
(d) Strongly encourage the joint use of approved tower facilities as
a primary option rather than construction of new or additional single-use
towers;
(e) Encourage users of towers and antennas to locate them, to the extent
possible, in areas where the adverse impact on the community is minimal;
(f) Encourage users of towers and antennas to configure them in a way
that minimizes the adverse visual impact of the towers and antennas
through careful design, siting, landscape screening, and innovative
camouflaging techniques;
(g) Enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively, and
efficiently;
(h) Consider the public health and safety of communication towers; and
(i) Avoid potential damage to adjacent properties from tower failure
through engineering and careful siting of tower structures.
(2) In
furtherance of these goals, Manchester Township shall give due consideration
to the Township Master Plan, Zoning Map, existing land uses, and environmentally
sensitive areas in approving sites for the location of towers and
antennas.
B. Nonapplicability to amateur radio stations and to
receive-only antennas. The provisions of this section shall not govern
any antenna that is owned and operated by a federally licensed amateur
radio station operator or is used exclusively as a receive-only antenna
in accordance with Federal Communications Commission regulations.
C. Antennas and towers permitted on Township property.
Wireless communications towers and antennas which are located on property
owned, leased, or otherwise controlled by the Township of Manchester
and which are approved by the Township Council, shall be deemed to
be permitted as a municipal facility in any zone district other than
the PPA, PFA-R, PFA-S and BVR-40 Zone.
[Amended 2-22-1999 by Ord. No. 99-001; 7-26-1999 by Ord. No.
99-026; 5-22-2000 by Ord. No. 00-15]
D. Antennas and towers which are not municipal facilities.
Wireless telecommunications towers and antennas may be permitted on
nonmunicipal property in the zones specified on the Schedules E and
G, Permitted and Conditional Uses, upon submission and approval of a site plan and conditional
use permit in accordance with the regulations set forth below:
(1) General requirements.
(a)
Principal or accessory use. Wireless telecommunications
towers and antennas may be considered either principal or accessory
uses. A different existing use of an existing structure on the same
lot shall not preclude the installation of an antenna or tower on
such lot.
(b)
Lot size. For purposes of determining whether
the installation of a tower or antenna complies with district development
regulations, including but not limited to setback requirements, lot-coverage
requirements, and other such requirements, the dimensions of the entire
lot shall control, even though the antennas or towers may be located
on leased parcels within such lot.
(c)
Inventory of existing sites. Each applicant
for an antenna and/or tower shall provide to the Township as part
of the application an inventory of its existing towers, antennas,
or sites approved for towers or antennas, that are either within the
jurisdiction of Manchester Township or within one mile of the border
thereof, including specific information about the location, height,
and design of each tower. The Township may share such information
with other applicants applying for approvals under this section or
other organizations seeking to locate antennas within the jurisdiction
of Manchester Township; provided, however, that the Township is not,
by sharing such information, in any way representing or warranting
that such sites are available or suitable.
(d)
Aesthetics. Towers and antennas shall meet the
following requirements:
[1]
Towers shall either maintain a galvanized steel
finish or, subject to any applicable standards of the FAA, be painted
a neutral color so as to reduce visual obtrusiveness.
[2]
At a tower site, the design of the buildings
and related structures shall, to the extent possible, use materials,
colors, textures, screening, and landscaping that will blend them
into the natural setting and surrounding buildings.
[3]
If an antenna is installed on a structure other
than a tower, the antenna and supporting electrical and mechanical
equipment must be of a neutral color that is identical to, or closely
compatible with, the color of the supporting structure so as to make
the antenna and related equipment as visually unobtrusive as possible.
(e)
Lighting. Towers shall not be artificially lighted,
unless required by the FAA or other applicable authority. If lighting
is required, the lighting alternatives and design chosen must cause
the least disturbance to the surrounding views.
(f)
Federal and Pinelands Management Plan requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. In the Pinelands Area, all towers outside the Ridgeway Regional Growth Area and Whiting Town Zoning Districts shall comply with the standards for local communications facilities in §
245-32A(2)(c), Pinelands Area general development regulations, height limitations.
[Amended 2-22-1999 by Ord. No. 99-001; 5-22-2000 by Ord. No.
00-15]
(g)
Uniform Construction Code; safety standards.
To ensure the structural integrity of towers, the owner of a tower
shall ensure that it is maintained in compliance with standards contained
in applicable state and municipal codes including the New Jersey Uniform
Construction Code and the applicable standards for towers that are
published by the Electronic Industries Association, as amended from
time to time. If, upon inspection, the Township concludes that a tower
fails to comply with such codes and standards and constitutes a danger
to persons or property, then upon notice being provided to the owner
of the tower, the owner shall have 30 days to bring such tower into
compliance with such standards. Failure to bring such tower into compliance
within said 30 days shall constitute grounds for the removal of the
tower or antenna at the owner's expense.
(h)
Measurement. For purposes of measurement, tower
setbacks and separation distances shall be calculated and applied
to facilities located in Manchester Township irrespective of municipal
and county jurisdictional boundaries.
(i)
Franchises. Owners and/or operators of towers
or antennas shall certify that all franchises required by law for
the construction and/or operation of a wireless communication system
in Manchester Township have been obtained and shall file a copy of
all required franchises with the Township.
(j)
Public notice. For purposes of this section, any variance request or request for site plan approval shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in Subsection
D(1)(s) in addition to any notice otherwise required by this chapter.
(k)
Signs. No advertising signs shall be allowed
on an antenna or tower.
(l)
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection
D(2).
(m)
Multiple antenna/tower plan. Manchester Township
encourages the users of towers and antennas to submit a single application
for approval of multiple towers and/or antenna sites. Applications
for approval of multiple sites shall be given priority in the review
process.
(n)
Maximum height.
[1]
The tower shall meet the following maximum height
and usage criteria:
[Amended 2-22-1999 by Ord. No. 99-001; 7-26-1999 by Ord. No.
99-026; 5-22-2000 by Ord. No. 00-15]
[a] For a single user: up to 90 feet
in height;
[b] For two users: up to 120 feet in
height; and
[c] For three or more users: up to
150 feet in height; and
[d] In the Pinelands Area, all towers
shall be designed so that their height may be increased to 200 feet
if necessary to accommodate the needs of other local communications
facilities in the future.
[2]
A licensed New Jersey professional engineer
must certify that the tower can structurally accommodate the number
of shared users proposed by the applicant.
(o)
Information required. In addition to any information
required for applications for site plan review pursuant to this chapter,
applicants for approval for a tower shall submit the following information:
[1]
A location plan drawn to scale and clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in Subsection
D(1)(s), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, and parking.
[2]
Legal description of the parent tract and leased
parcel (if applicable).
[3]
The setback distance between the proposed tower
and the nearest residential unit, platted residentially zoned properties,
and unplatted residentially zoned properties.
[4]
The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection
D(1)(s) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
[5]
A landscape plan showing specific landscape
materials.
[6]
Method of fencing, and finished color and, if
applicable, the method of camouflage and illumination.
[7]
A description of compliance with Subsection
D(1)(c),
(d),
(e),
(f),
(g),
(j),
(l),
(m),
(r),
(s) and all applicable federal, state or local laws.
[8]
A notarized statement by the applicant as to
whether construction of the tower will accommodate collocation of
additional antennas for future users.
[9]
Identification of the entities providing the
backhaul network for the tower(s) described in the application and
other cellular sites owned or operated by the applicant in the municipality.
[10] A description of the suitability
of the use of existing towers, other structures or alternative technology
not requiring the use of towers or structures to provide the services
to be provided through the use of the proposed tower.
[11] A description of the feasible
location(s) of future towers or antennas within the Township based
upon existing physical, engineering, technological or geographical
limitations in the event the proposed tower is erected.
[12] For applications in the Pinelands
Area, a description of the relationship of the proposed tower to any
comprehensive plan for local communication facilities which has been
approved by the Pinelands Commission pursuant to N.J.A.C. 7:50-5.4(c),
Height Limitations.
[Amended 5-22-2000 by Ord. No. 00-015]
(p)
Factors considered in granting approval for
towers. In addition to any standards for consideration of site plans
pursuant to this chapter, the municipal agency shall consider at least
the following factors in determining whether to issue an approval:
[1]
Height of the proposed tower;
[2]
Proximity of the tower to residential structures
and residential district boundaries;
[3]
Nature of uses on adjacent and nearby properties;
[5]
Surrounding tree coverage and foliage;
[6]
Design of the tower, with particular reference
to design characteristics that have the effect of reducing or eliminating
visual obtrusiveness;
[7]
Proposed ingress and egress; and
[8]
Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in Subsection
D(1)(o)[10] of this section.
(q)
Availability of suitable existing towers, other
structures, or alternative technology. No new tower shall be permitted
unless the applicant demonstrates to the reasonable satisfaction of
the municipal agency that no existing tower, structure or alternative
technology that does not require the use of towers or structures can
accommodate the applicant's proposed antenna. An applicant shall submit
information requested by the municipal agency related to the availability
of suitable existing towers, other structures or alternative technology.
Evidence submitted to demonstrate that no existing tower, structure
or alternative technology can accommodate the applicant's proposed
antenna may consist of any of the following:
[1]
No existing towers or structures are located
within the geographic area which meet applicant's engineering requirements.
[2]
Existing towers or structures are not of sufficient
height to meet applicant's engineering requirements.
[3]
Existing towers or structures do not have sufficient
structural strength to support applicant's proposed antenna and related
equipment.
[4]
The applicant's proposed antenna would cause
electromagnetic interference with the antenna on the existing towers
or structures, or the antenna on the existing towers or structures
would cause interference with the applicant's proposed antenna.
[5]
The fees, costs, or contractual provisions required
by the owner in order to share an existing tower or structure or to
adapt an existing tower or structure for sharing are unreasonable.
Costs exceeding new tower development are presumed to be unreasonable.
[6]
The applicant demonstrates that there are other
limiting factors that render existing towers and structures unsuitable.
[7]
The applicant demonstrates that an alternative
technology that does not require the use of towers or structures,
such as a cable microcell network using multiple low-powered transmitters/receivers
attached to a wireline system, is unsuitable. Costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
(r)
Minimum required setback. The following minimum
setback requirements shall apply to all towers for which site plan
approval is required:
[1]
Towers must be set back a distance equal to
at least 100% of the height of the tower from any adjoining lot line,
but in no event shall the tower be located in the minimum required
yard area or buffer area of the zone district.
[2]
Guys and accessory buildings must satisfy the
minimum zoning district setback and buffer requirements.
(s)
Minimum separation requirement between uses.
The following separation requirements shall apply to all towers and
antennas for which site plan approval is required:
[1]
Separation from off-site uses/designated areas.
[a] Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Subsection
D(1)(s)[2], below, except as otherwise provided.
[b] Towers shall maintain a separation
distance of 200 feet or 300% of the tower height, whichever is greater,
from residential dwelling units or from lands zoned for residential
use.
[2]
Separation distances between towers. Separation
distances between towers shall be applicable for and measured between
the proposed tower and preexisting towers or other proposed towers.
The separation distances shall be measured by drawing or following
a straight line between the base of the existing tower and the proposed
base, pursuant to a site plan, of the proposed tower. The separation
distances (listed in linear feet) shall be as shown below in the table
of required separation distances between towers.
Required Separation
|
---|
Distances Between Wireless Communications
Towers
(in linear feet)
|
---|
Tower Type
|
Lattice
|
Guyed
|
Monopole 75 Feet in Height or Greater
|
Monopole Less Than 75 Feet in Height
|
---|
Lattice
|
5,000
|
5,000
|
1,500
|
750
|
Guyed
|
5,000
|
5,000
|
1,500
|
750
|
Monopole 75 feet in height or greater
|
1,500
|
1,500
|
1,500
|
750
|
Monopole less than 75 feet in height
|
750
|
750
|
750
|
750
|
(t)
Security fencing. Towers shall be enclosed by
security fencing not less than six feet in height and shall also be
equipped with an appropriate anticlimbing device; provided, however,
that the municipal agency may waive such requirements, as it deems
appropriate.
(u)
Landscaping. The following requirements shall
govern the landscaping surrounding towers for which site plan approval
is required; provided, however, that the municipal agency may waive
such requirements if the goals of this section would be better served
thereby.
[1]
Tower facilities shall be landscaped with a
buffer of plant materials that effectively screens the view of the
tower compound from property used for residences.
[2]
In locations where the visual impact of the
tower would be minimal, the landscaping requirement may be reduced.
[3]
Existing mature tree growth and natural landforms
on the site shall be preserved to the maximum extent possible. In
some cases, such as towers sited on large, wooded lots, natural growth
around the property perimeter may be sufficient buffer.
(v)
In approving the tower, the municipal agency
may impose conditions, including the use of an alternative tower structure,
to the extent the municipal agency concludes such conditions are necessary
to minimize any adverse effect of the proposed tower on adjoining
properties.
(2) Buildings or other equipment storage.
(a)
Antennas mounted on structures or rooftops.
The equipment cabinet or structure used in association with antennas
shall comply with the following:
[1]
The cabinet or structure shall not contain more
than 200 square feet of gross floor area or be more than 10 feet in
height. In addition, for buildings and structures which are less than
65 feet in height, the related unmanned equipment structure, if over
200 square feet of gross floor area or 10 feet in height, shall be
located on the ground and shall not be located on the roof of the
structure.
[2]
If the equipment structure is located on the
roof of a building, the area of the equipment structure and other
equipment and structures shall not occupy more than 10% of the roof
area.
[3]
Equipment storage buildings or cabinets shall
comply with all applicable building codes.
(b)
Antennas located on towers, utility poles, or
light poles. The related unmanned equipment structure shall not contain
more than 200 square feet of gross floor area or be more than 10 feet
in height, and shall be located in accordance with the minimum yard
and buffer requirements of the zoning district in which located and
shall be screened from view of all residential properties.
(3) Removal of abandoned antennas and towers. Any antenna
or tower that is not operated for a continuous period of 12 months
shall be considered abandoned, and the owner of such antenna or tower
shall remove the same within 90 days of receipt of notice from the
Township of Manchester notifying the owner of such abandonment. Failure
to remove an abandoned antenna or tower within said 90 days shall
be grounds to remove the tower or antenna at the owner's expense.
If there are two or more users of a single tower, then this provision
shall not become effective until all users cease using the tower.
Upon the dismantling and removal of a tower in the Pinelands Area,
the property on which the tower was located shall be restored in accordance
with N.J.A.C. 7:50-6.24, Revegetation and Landscaping Plans.
[Amended 5-22-2000 by Ord. No. 00-015]
(4) Preexisting towers. Preexisting towers which are operating at the time of the adoption of this section shall be allowed to continue their usage as they presently exist. Routine maintenance is permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this section. If the use of the tower has terminated and the use is determined to be abandoned, the requirements for removal in Subsection
D(3) above shall apply.
[Amended 2-22-1999 by Ord. No. 99-001]
A. Permitted in RC and WTRC Zones. Recognizing the need
for assisted living or related care of senior citizens through proper
housing and supportive services, including medical assistance; recreational
activities; community center; dining area; and related facilities
and services; assisted-living residences for the elderly are permitted
in RC and WTRC Zones, subject to the following conditions.
B. Definitions. As used in this section, the following
terms shall have the meanings indicated:
ASSISTED-LIVING RESIDENCES FOR THE ELDERLY (ALR)
A facility for which a certificate of need as an assisted-living
residences has been obtained, which provides apartment-style housing
and congregate dining for four or more adult persons unrelated to
the proprietor and further provides such assisted-living services
as are required and/or permitted by the regulations of the New Jersey
Department of Health. Services provided by an ALR shall promote and
encourage each resident's choice, dignity, independence, individuality
and privacy in an environment where sense of family and community
pervade and in which each resident's preferred lifestyle, habits and
use of personal belongings is supported and encouraged; and independence
is provided in the mobility, transferring, walking, grooming, bathing,
dressing and undressing, eating and toileting of each resident.
PERSONAL CARE AMENITIES
Services supportive to residents' care and comfort including,
but not limited to, assistance with activities of daily living such
as, by way of example and not by way of limitation, fitness centers,
wellness centers, beauty salons, gift shops, luncheonettes, and the
sale of sundries.
C. Uses required and permitted.
(1) Apartment dwelling units within the same building,
hereinafter referred to as a "multiple dwelling"; and
(2) In addition to such dwellings, recreational and cultural
facilities for the sole use of the residents of the facility and their
guests, including the following: recreation areas, including common
dining facilities, community areas, recreational and cultural activities,
medical assistance, wellness centers, beauty salons, gift shops, luncheonettes,
and fitness.
D. Age of residents. The permanent residents of said
facility for the elderly shall be restricted to residents who are
at least 62 years of age or over.
E. Design criteria.
(1) Minimum tract size: five acres.
(2) Maximum density for said facility shall be 20 residential
units per gross acre. There shall be aggregate open space maintained
by the facility of not less than 50% of the gross area of the tract
on which the facility is developed.
(3) Minimum setback distance: 75 feet from all existing
or proposed roads.
(4) Minimum frontage: 300 feet.
(5) Minimum width of any assisted-living residence unit:
12 feet.
(6) Minimum floor area per unit: 150 square feet for one
resident or 230 square feet for two residents per N.J.A.C. 8:36-1
et seq.
(7) Maximum building height: 36 feet.
(8) Maximum number of stories: 2 1/2. If two stories are
proposed, the buildings comprising the assisted-living residences
shall contain full-service elevators and be of barrier-free design.
(9) Maximum number of units per building: 80 for one-story
buildings and 160 for two-story buildings.
(10)
No exterior wall of any multifamily building
shall contain more than 90 feet in one linear plane.
(11)
No portion of any dwelling unit shall be lower
than the outside finished grade. No depressed siting shall be permitted.
(12)
All areas of an assisted-living residences not
used for the construction of buildings, roads, accessways, parking
areas or sidewalks shall be either landscaped, grassed or left with
natural vegetation preexisting development of the site.
(13)
The assisted-living residences shall be served
by a central water system and central sanitary sewage approved by
the Manchester Township Division of Utilities.
[Amended 6-9-2008 by Ord. No. 08-020]
(14)
Buffer areas for a assisted-living residences
shall be provided as follows:
(a)
There shall be provided a twenty-five-foot buffer area when the facility abuts a nonresidential zone or use or a state highway. This twenty-five-foot buffer area shall not be used in computing any setbacks. The buffer area shall remain undisturbed as per Subsection
H.
(b)
There shall be provided a thirty-foot buffer area when the facility abuts a residential zone or use. This thirty-foot buffer area may be used in computing required setbacks. The buffer area shall remain undisturbed as per Subsection
H.
(c)
There shall be provided a thirty-foot buffer area when the facility abuts a county or municipal arterial road. This thirty-foot buffer area may be used in computing required setbacks. The buffer area shall remain undisturbed as per Subsection
H.
(15)
All on-site and off-site drainage shall be provided
for in accordance with the Township Master Storm Drainage Plan and
applicable Township regulations and ordinances pertaining to subdivision
of lands.
(16)
The primary or main entrance to the assisted-living
residences shall be located on a state or county arterial or minor
arterial road.
(17)
All identification signs, entrance signs and
traffic control signs shall be designed to be aesthetically compatible
with the design of the assisted-living residences and shall be shown
on the site plan submitted to the Planning Board.
(18)
The assisted-living residences shall provide
for smoke and fire alarms, security guard service, and central monitoring
emergency signaling system to be connected to all units.
F. Recreation areas. Recreation areas shall be provided
which contains provisions for the following:
(1) An area of not less than 200 square feet which shall
be used as a commercial convenience center for the exclusive benefit
of the residents of the assisted-living residences for purchase of
personal hygiene aids, sundries and reading materials.
(2) All-purpose rooms (exclusive of areas set aside for
dining) which in the aggregate shall comprise not less than six square
feet per unit contained in the assisted-living residences.
(3) Dining areas and facilities sized to accommodate not
less than 1/2 of the total number of residents of the assisted-living
residences at one time utilizing an area ratio of not less than 10
square feet per person.
(4) A storage area adequately sized for storage of maintenance
equipment and supplies necessary for the operation and maintenance
of the assisted-living residences. If more than one storage area is
proposed to be provided, any additional storage areas may be located
within the assisted-living residences other than in the recreation
area. The storage area may be located outside the recreation area
if a separate on-site maintenance building is proposed.
G. Off-street parking requirements.
(1) There shall be one parking space for every four units
in the assisted-living residences for residential parking and guests.
(2) In addition to the residential parking provided pursuant to Subsection
G(1), there shall be provided one parking space for every two employees employed by the assisted-living residences during the maximum shift.
(3) Off-street parking areas shall be provided on the site sufficient to provide storage or parking for the number of vehicles required pursuant to Subsection
G(1) and
(2) and shall be developed and maintained in accordance with the following:
(a)
Parking area shall be used for automobile parking
only with no sale of automobiles, dead storage of automobiles, repair
work, dismantling or services of any kind.
(b)
Parking areas shall be paved and provided with
an adequate system of stormwater drainage.
(c)
No off-street parking areas shall be located
in any buffer zone.
H. Landscaping and buffer requirements. All areas of
assisted-living residences not used for the construction of buildings,
recreation facilities, roads, accessways, drainage or detention facilities,
parking areas or sidewalks shall be landscaped, grassed or left with
natural vegetation. Where an assisted-living residence boundary line
abuts a lot in a residential zone, there shall not be cut, uprooted,
destroyed or taken away any existing trees, shrubbery or other planting
within the required buffer area. If inadequate trees, shrubs or planting
exists within the required buffer area in the natural state of the
site before development, the area shall be provided with an adequate
approved planting plan to provide a belt of screening within the required
buffer area consisting of at least a double row of staggered evergreens,
five feet on center and at least four feet in height.
I. Emergency services review. As part of the application
for a conditional use permit for an assisted-living residence under
this section, the applicant shall submit a full copy of such application
for review and comment to the fire department serving the area in
which the assisted-living residences is proposed to be located, and
the first aid squad serving that area. Said entities shall be required
to submit a report on the application to the approving agency prior
to any hearing on the application.
[Added 11-14-2016 by Ord.
No. 16-036; amended 2-13-2017 by Ord. No. 17-002; 11-13-2017 by Ord. No. 17-024]
A. Permitted. Churches, places of worship, and structures housing religious
use organizations shall be permitted in applicable zones subject to
the conditions specified below:
(1)
Minimum lot size: four acres.
(2)
Maximum building coverage: 20%.
(3)
Maximum impervious coverage: 50%.
(4)
Setbacks:
(a)
Minimum front yard: equal to greater of the front setback of
the zone where the site is located or 50 feet, whichever is greater.
(b)
Minimum side yard: 30 feet.
(c)
Minimum rear yard: 50 feet.
(5)
Location shall only be along a state, county, or major collector
road.
(6)
Height: the height of the structure shall not exceed the maximum height permitted in the zone in which the structure will be built pursuant to §
245-31.
(7)
Buffer requirements:
(a)
Perimeter buffer. A landscaped buffer shall be required around
the entire length of side and rear property lines, except where access
drives or other accessory features must traverse this reserved strip.
(b)
In nonresidential districts, the minimum buffer width shall
be 25 feet.
(c)
In residential districts, the minimum buffer width shall be
50 feet.
[Added 11-14-2016 by Ord.
No. 16-036; amended 2-13-2017 by Ord. No. 17-002; 11-13-2017 by Ord. No. 17-024]
A. Permitted. Public and private schools shall be permitted in applicable
zones subject to the conditions specified below:
(1)
The school shall be licensed by the State of New Jersey.
(2)
Location. Schools shall only be located along an arterial or
collector road as identified in the Master Plan.
(3)
Buffers shall be provided pursuant to §
245-29.
(4)
Minimum lot size:
(a)
Elementary school: 10 acres, plus one additional acre for each
100 students.
(b)
Intermediate school or trade or vocational school: 20 acres,
plus one additional acre for each 100 students.
(c)
High school: 30 acres, plus one additional acre for each 100
students.
(d)
Institution of higher learning: 50 acres, plus one additional
acre for each 100 students.
(e)
No more than 10% of the site shall be covered by buildings.
(5)
Height: the height of the structure shall not exceed the maximum height permitted in the zone in which the structure will be built pursuant to §
245-31.
[Added 11-14-2016 by Ord.
No. 16-036; amended 2-13-2017 by Ord. No. 17-002; 11-13-2017 by Ord. No. 17-024]
A. Permitted. Child-care facilities, nursery schools, and day nurseries
shall be permitted in applicable zones subject to the conditions specified
below:
(1)
Minimum lot size: one acre.
(2)
Height and bulk requirements shall be subject to the requirements
of the district in which the facility is located.
(3)
The facility shall be licensed by the Division of Youth and
Family Services of the New Jersey Department of Human Services.
(4)
A minimum of 100 square feet of outdoor play area shall be provided
per each occupant of rated building capacity, which shall be entirely
fenced and protected from hazards such as driveways and cars.
(5)
All loading and unloading of children shall take place on-site
and not in a public right-of-way.
[Added 12-10-2018 by Ord.
No. 18-032]
A. Independent living communities shall be permitted as a conditional
use in the HD-3 and HD-3A zones, provided the standards required for
site plan approval are met and the development complies with the following
standards and conditions:
B. Area, yard and height requirements:
(1)
Minimum lot size: 15 acres.
(2)
Setbacks and buffers shall be as required for the underlying
zone.
(3)
Maximum density: eight units per acre.
(4)
Building height to conform with the height definition of this
chapter.
C. Accessory uses. In addition to those included in the definition,
the following uses may be established as subordinate to an independent
living community:
(1)
Third-party home health agency.
(2)
As applicable, accessory uses shall be required to obtain and
display all required licenses and certifications.
D. Parking. An applicant is required to provide 1.2 off-street parking
spaces per residential unit.