A.
Purpose. The AR-2 District has been established in
recognition of the rural characteristics and the combination of soil
types, geology and topography throughout the Township. Relatively
large residential lots are required in this zone in response to the
severe limitations of the land to adequately drain and filter septic
effluent; the lack of public water and sewer systems with no plan
to provide them; a narrow rural road system, including weight-restricted
bridges which limit traffic volume, access and a convenient circulation
system; and the desire to preserve agricultural activities and woodlands.
B.
Principal permitted uses. A building may be erected,
altered or used and a lot or premises may be occupied and used for
any of the following purposes:
(1)
Farms and agriculture.
(2)
Detached single-family dwelling units.
(3)
Public playgrounds, conservation areas, parks and
public purpose uses.
(4)
Churches and cemeteries.
(5)
Golf courses.
(6)
Firehouses, rescue squad facilities and government
buildings.
(7)
Family day-care homes (as per N.J.S.A. 40:55D-66.5b.)[2]
[2]
Editor's Note: Former Subsection B(8), Community
residences for the developmentally disabled and community shelters
for victims of domestic violence, which immediately followed this
subsection, was repealed 10-7-2003 by Ord. No. 12-10-2003.
(8)
The foregoing standards shall not be applicable if the subject lot(s) are located within the Route 12 Scenic Corridor Overlay (SCO) Zone as provided for in § 132-41 of the Zoning Ordinance. If the subject lot is located within the SCO Zone, the provisions of the SCO Zone shall apply and supersede any and all requirements of the underlying district. To determine whether the provisions of the SCO Zone apply and/or whether the subject lot(s) are located within the SCO Zone, refer to the Zoning Map included as Attachment 5 to this Chapter and available for inspection at the Township offices.
[Added 3-2-2023 by Ord. No. 5-2023]
C.
Accessory uses permitted. Accessory uses and structures
to any of the above permitted principal uses are permitted as follows:
(2)
Accessory and temporary residences at a farm, provided
that the housing is for farm workers actually on the farm and meets
all state, county and Township rules and regulations. If a building
containing such dwelling quarters is located so that it can be subdivided
and sold separately from the main building, its location shall be
such that it can be subdivided so as to conform to all provisions
for street frontage, lot area and dimensions and well and septic requirements,
and the building shall meet all setback requirements for a principal
building.
(3)
Buildings for tools and equipment used for maintenance
of the grounds. Such building shall not exceed 12 feet in height.
(4)
Travel trailers, vacation trailers and campers may
be parked or stored on the lot only in rear and side yards. They shall
not be used for temporary or permanent living quarters.
(5)
Private garages.[3]
[3]
Editor's Note: Former Subsection C(6), regarding tenant houses for employees or guests, which immediately followed this subsection, was repealed 8-1-2013 by Ord. No. 17-17-2013. This ordinance also renumbered former Subsection C(7) through (10) as Subsection C(6) through (9), respectively. See now Subsection D(9) for tenant houses.
(6)
The keeping of horses or ponies for the use and pleasure
of the occupant of a residential lot of at least two acres in the
AR-2 District is permitted, provided that the buildings or structures
related thereto and manure pile meet the minimum setback for accessory
buildings or are located so as to be at least 150 feet from the residence
on the adjacent lot, whichever is greater.
[Amended 9-20-1993 by Ord. No. 8-16-93]
(7)
For lots with an area of six acres or more, farm markets
shall be a permitted accessory use, subject to the following conditions:
[Added 7-17-2000 by Ord. No. 11-7-2000]
(a)
The size of the building, structure or enclosure
and outdoor sales area, exclusive of the parking area, of the farm
market, shall not exceed 5,000 square feet, and all construction shall
comply with the Uniform Construction Code;
(b)
Farm produce and farm-related goods may be sold
at the farm market; provided, however, that at least 51% of the annual
gross sales, on a dollar basis, of the farm market are generated from
or attributable to sales of farm produce grown on the premises or
another farm in Kingwood Township;
(c)
If any farm produce is packaged with materials that do not qualify as farm produce and the combination is then sold as a single unit, then the sale of such unit shall be considered to be a sale of farm produce for purposes of Subsection C(7)(b) above if the value of the farm produce incorporated into such unit is equal to or greater than 25% of the value of the unit;
(d)
The farm market provides a parking area with
parking spaces as follows: A minimum of five parking spaces, plus
one additional parking space for every 500 square feet of floor space
in the farm market in excess of 2,500 square feet, but not to exceed
12 parking spaces;
(e)
The owner (or tenant with landlord's written
approval) shall submit to the Planning Board a minor site plan application
for the location and conduct of a farm market accessory business,
together with all requisite submissions as specifically required by
these development regulations for the approval of such use;
(f)
The operation and/or management and sole responsibility
for the farm market shall be limited to the farm owner or a tenant
farmer with a written valid lease; and by applying for and accepting
the benefits or approval, the owner/tenant agree to provide written
documentation of their compliance with all sales requirements set
forth herein as requested by the Township, but not more frequently
than once per year.
(g)
All operations and business of the farm market
shall be limited to daylight hours. High-intensity lights are prohibited;
normal residential or security lighting shall be permitted.
(8)
Minor solar or photovoltaic energy facilities or structures; provided, however, that in the case of a roof-mounted system, the photovoltaic solar panels and all necessary equipment shall not extend more than 12 inches above the edge of the roofline or above the highest point of the roof surface or structure, and in accordance with the provisions of § 132-61A(6).
[Added 12-7-2010 by Ord. No. 16-16-2010; amended 4-25-2011 by Ord. No.
16-13-2011; 7-5-2012 by Ord. No. 17-12-2012]
D.
Conditional uses. The following uses are permitted subject to the approval of the Planning Board as conditional uses according to the standards set forth in Article VI and in accordance with the general provisions set forth in Article IV:
(1)
Lot-size averaging, major subdivisions.
[Amended 6-17-1996 by Ord. No. 9-11-1996]
(2)
Private residential airstrips.
(3)
Home occupations.
(4)
Barn conversions.
(5)
Wholesale greenhouses.
(7)
Elder cottage housing opportunity unit (ECHO unit). (See § 132-102O for conditions.)[5]
[Added 7-16-2001 by Ord. No. 11-4-2001]
[5]
Editor's Note: Former Subsection D(7), Community
residences for the developmentally disabled, was repealed 10-7-2003
by Ord. No. 12-10-2003. This ordinance also provided for the redesignation
of former Subsection D(8) as Subsection D(7).
E.
Maximum building height. No building shall exceed 35 feet in height nor 2 1/2 stories, except that churches and barns shall not exceed 55 feet, and for any existing or proposed elevated building, as defined in § 132-37, FP Floodplain District, the height shall be measured from the flood hazard elevation at the building location.
[Amended 9-5-2006 by Ord. No. 13-32-2006]
F.
Area and yard requirements.
(1)
The lot and buildings thereon shall comply with the requirements of this § 132-30F and the Schedule of Lot and Building Requirements for the AR-2 District included at the end of this chapter.
[Amended 9-20-1993 by Ord. No. 8-16-93; 3-7-2006 by Ord. No. 13-20-2006]
(2)
All accessory farm buildings shall have a minimum distance to the side lot line, the rear lot line and other buildings of 50 feet, plus 10 additional feet for each 1,000 square feet of gross floor area within the building, provided that, when the nature of the use requires additional setbacks in order to meet other requirements herein and in Article VI, the Planning Board may increase the distance.
(3)
A detached single-family dwelling may be constructed on an irregularly shaped lot, commonly known as a "flag lot," composed of a strip of land with public road frontage of at least 50 feet in width and a minimum 200 feet in depth (the "flag stem") and with the area beyond the access strip composed of at least four acres, after taking into account the partial credit allowed for constrained areas, and the minimum buildable area requirement, in the main buildable portion of the lot to the rear of the access strip. If, pursuant to Chapter 115, Subdivision of Land, a Class II minor subdivision involving more than one flag lot is undertaken, then the width of the flag stem for each flag lot may be reduced to 25 feet, provided that the two flag stems are located side by side, each flag lot is granted a reciprocal right to use the flag stem of the other lot for ingress and egress and a common driveway maintenance agreement is recorded as set forth in § 115-3, under the definition of "minor subdivision," Subsection B. All flag lots must conform to the provisions of Chapter 115, Subdivision of Land, and this chapter.
[Amended 9-20-1993 by Ord. No. 8-16-93; 6-17-1996 by Ord. No. 9-11-96; 12-16-2002 by Ord. No.
11-11-2002; 3-7-2006 by Ord. No. 13-20-2006]
(4)
Constrained areas.
(a)
Constrained area calculations. This subsection
is to be used to compute the total area of a tract that is suitable
for development after subtracting identified constrained areas. It
is required to establish the maximum permitted density of residential
development or intensity of nonresidential development on the tract
and will assist the Board in guiding, to the greatest extent practicable,
all development activities to suitable area(s) of the tract. The calculations
required below shall be submitted as part of any conceptual subdivision
plan for informal review and for any formal minor or major subdivision
or site plan application.
(b)
Constrained area factors - maximum tract yield.
The constrained area maximum tract yield calculation form shall be
prepared by the applicant and submitted to the Board, along with a
map of the entire tract illustrating constrained lands and natural
resource features, including floodplains, wetlands, NJDEP-required
wetlands transition areas, stream channels, stream corridors and areas
of slopes of 25% and greater.
|
Constrained Area
| ||||
|
Maximum Tract Yield Calculations Form
|
|
Column A
|
Column B
|
Column C
| |
|---|---|---|---|
|
Acres
|
Constrained Area Ratio
|
Acres
| |
|
Gross tract area
| |||
|
Area of existing conservation easements; existing
roads and transmission rights-of-way and proposed new roads within
the tract; areas of easements or rights-of-way required for widening
of existing roads abutting the tract boundaries; areas of all existing
easements and restrictive covenants
| |||
|
Adjusted gross tract area (Line 1 less Line
2)
| |||
|
Constrained areas: Bodies of water, floodplains,
wetlands, NJDEP-required wetlands transition areas, areas deemed by
NJDEP to be unavailable for development due to the presence of special
water resource protection areas for C-1 waters, required stream buffer
conservation areas, land under water and areas of slopes 25% or greater
|
0.5
| ||
|
Net site area adjusted for constrained areas
(Line 3 less Line 4)
| |||
|
Maximum permitted residential density or floor
area ratio, as appropriate
|
1 d.u./7 acres in AR-2 Zone District (except
as otherwise provided for Class I and Class II minor subdivisions
and individual flag lots)
| ||
|
Maximum permitted number of principal dwelling
units (or nonresidential floor area) (Line 5 divided by line 6)
|
|
Notes:
| |
|---|---|
|
a.
|
Enter appropriate acreage in Column A, multiply
Column A by factor in Column B and place result in Column C.
|
|
b
|
Round down to the nearest dwelling unit or square
foot.
|
[6]
Editor's Note: This ordinance also superseded
former Subsection F(4) regarding detached single-family dwellings
on lots having 200 feet of frontage along a Class III common driveway.
(5)
Each residential lot shall be required to have a minimum
lot circle with a diameter of 200 feet; provided, however, that any
two-acre lots created pursuant to a Class I minor subdivision or a
Class II minor subdivision shall be exempt from this requirement.
(6)
Each residential lot, inclusive of any two-acre lots
created pursuant to a Class I minor subdivision or a Class II minor
subdivision, shall be required to have a minimum buildable area of
one acre.
(7)
No land disturbance shall permitted in any area with
slopes of 25% or greater.
G.
Gross floor area. The minimum floor area in any residential
dwelling shall meet the requirements of health and safety codes. The
maximum floor area shall be limited by the building and lot coverage
requirements.
H.
Minimum off-street parking.
(1)
Only those parking spaces meeting the dimensions of
this chapter shall be counted in meeting the minimum number of parking
spaces.
(2)
The minimum requirement shall be two spaces per dwelling
unit, plus 0.5 space per bedroom over the first bedroom. Fractional
spaces shall be rounded up to the next whole number.
(3)
All lots shall provide a turnaround area on site so
that all vehicles can exit in a forward direction.
(4)
Where the driveway access to a lot has a slope exceeding
12%, at least two additional off-street parking spaces shall be located
adjacent to the street but outside the street right-of-way.
(5)
Churches shall provide one space for every five seats
(one seat equaling 22 inches for pews and benches).
J.
Cluster and lot averaging subdivisions.
[Added 3-7-2006 by Ord. No. 13-20-2006]
(1)
It is the intent of this subsection to preserve the
rural character of Kingwood Township by establishing and preserving
large contiguous tracts of open space and farmland within Kingwood
Township. Open space and open lands parcels shall be devoted to farmland,
recreation, passive open space or natural resource conservation, or
used for other municipal purposes not inconsistent with farmland,
recreation, passive open space or natural resource conservation, as
appropriate.
(2)
An applicant seeking to subdivide a tract of land
40 acres or greater in size, or a tract of land adjacent to land which
has been deed restricted for farmland or open space preservation,
or a tract identified as or adjacent to greenway or open space lands
in the Kingwood Township Master Plan, Open Space Plan or Farmland
Preservation Plan, shall apply to the Planning Board for a mandatory
cluster or lot size averaging subdivision. Such application shall
be accompanied by a qualifying plan and a proposed subdivision plat
indicating the proposed development plan and the area to be retained
as open lands, in farmland, recreation, passive open space or natural
resource conservation, or used for other municipal purposes not inconsistent
with farmland, recreation, passive open space or natural resource
conservation.
(3)
An applicant seeking to subdivide a tract of land
less than 40 acres may be required by the Board to submit a cluster
or lot size averaging subdivision plan if, in the opinion of the Planning
Board, such a development will assist in achieving the objectives
of the Master Plan, Official Map or other planning documents and ordinances.
(4)
An applicant may propose a cluster or lot size averaging
subdivision plan for any tract of land greater than 14 acres but less
than 40 acres.
(5)
In all instances, the Planning Board shall have sole
authority as to whether cluster or lot averaging shall be permitted
on tracts of less than 40 acres or required on tracts of more than
14 acres.
(6)
If the applicant proposes that the open space resulting
from a cluster development be dedicated to the Township, either in
fee or through conveyance of development rights, then the Planning
Board shall request approval from the governing body that the open
space or interest therein resulting from the application of cluster
development will be accepted by the Township. If approval is not granted
within 60 days from the date of referral and the Planning Board approves
submission of a cluster plan, the applicant shall submit a cluster
plan providing for ownership of common land by a homeowners' association,
subject to a deed restriction prohibiting further subdivision or development.
(7)
The maximum number of lots in a mandatory or voluntary
cluster/lot averaging subdivision shall be determined by design of
a conventional subdivision conforming to all Township ordinances,
applicable county regulations and applicable statutes and regulations
of the State of New Jersey. The conventional subdivision submitted
shall be designed without the need for variances, waivers or exceptions
from municipal, county or state laws or regulations.
K.
Criteria for cluster or lot averaging developments.
[Added 3-7-2006 by Ord. No. 13-20-2006]
(1)
The open space parcel or any designated open lands
shall contain a minimum of 50% of the gross tract area and shall contain
a minimum of 30% of the unconstrained tract area. The unconstrained
tract area shall be defined as the area of the tract that does not
constrain lands. The stormwater management system for the proposed
subdivision may be located in the open space or open lands parcel,
however, the land area of any detention or retention basin(s) shall
not be counted toward the minimum area requirements in this subsection.
(2)
Any open space parcel shall contain a minimum lot
circle of 300 feet.
(3)
Rights-of-way or cartways of any existing or proposed
public or private streets shall not be included in the calculation
of the minimum required open space or open lands area.
(4)
The Planning Board may authorize up to a fifty-percent
reduction of lot dimensions and yards and a reduction of down to two
acres in lot size.
(5)
The percentage of the total tract of land equal to
the percentage that the average lot areas are reduced from that otherwise
required in the zone shall be used for open space or included as the
open lands. However, such open space or open lands shall not be less
than five acres.
L.
Open space and open lands regulation. The open space
lot(s) of a cluster development approved by the Township, or open
lands in a lot averaging subdivision, shall be permanently deed restricted
from further development and shall be subject to the following regulations:
[Added 3-7-2006 by Ord. No. 13-20-2006]
(1)
New agricultural construction (e.g., barns, shelters
and greenhouses) shall not result in an impervious surface coverage
in excess of 10% of the total acreage of the preserved open lands.
New agricultural construction shall be located a minimum of 200 feet
from the property line.
(2)
The deed of any single-family dwelling sold as part of a lot averaging development under this section shall contain a notice that the Township Zoning Ordinance specifically includes farming as a permitted use in the zone and that the open lands in the development may be deed restricted for farming use. Furthermore, the developer and/or landowner who plans to sell the dwellings referenced above shall inform, through their agents, prospective purchasers of the protections that the Township Right-To-Farm Ordinance, § 74-1, conveys to agricultural operations.
(3)
Open lands created as a result of these regulations
shall be included within a single lot in a lot averaging subdivision.
(4)
Open space and open lands guidelines. The following
guidelines should be considered in determining the configuration and
location of open space parcels resulting from development under open
space cluster provisions and open lands resulting from lot averaging
subdivisions:
(a)
The preserved open space or open lands area
shall be configured in such a manner as to facilitate agricultural
use. Factors such as, but not limited to, the proposed proximity of
the open space or open lands to adjacent tracts containing farming
operations, the ability to create large contiguous tracts of open
space and/or farmland and the desirability of maximizing separation
between farming operations and residential units should be considered.
(b)
In order to maintain the rural character and
scenic viewsheds of the Township, as perceived from the public rights-of-way,
open space and open lands parcels should be located in such manner
as to preserve scenic vistas and preserve the rural character of farmsteads,
barns and homesteads after development.
(c)
Where subdivision tracts include existing farmland
operations, open space parcels and designated open lands should be
configured to preserve such uses, to the greatest extent possible,
in order to facilitate the continuation of farming.
(d)
Open space parcels and designated open lands
should be located in such a manner (i.e., physical separation) as
to reduce the potential for conflicts between farm operations and
residential uses.
(e)
Proposed roads should be located within the
development portion of the property. It is the intent of this subsection
to keep the open space or open lands portion continuous and free of
roadway intrusions; however, adequate access must be provided to the
open space or open lands area.
(f)
Open lands created as a result of these regulations
may be used for recreation, agriculture or resource conservation.
No buildings or structures shall be constructed or maintained on the
deed-restricted open lands except such structures that are accessory
to the agricultural, natural resource conservation or open space use.
[1]
Editor's Note: This ordinance also repealed
former § 132-30, VR Village Residential District.
A.
Purpose. The purpose of the VR-1 Village Residential
District is to provide for and protect the character of the existing
Village of Baptistown. The provisions set forth herein are in recognition
that the village is essentially developed.
B.
Permitted principal uses. A building may be erected,
altered or used and a lot or premises may be occupied and used for
any of the following purposes:
(1)
Detached single-family dwelling units.
(2)
Public playgrounds, conservation areas, parks and
public purpose uses.
(3)
Churches and cemeteries.
(4)
Firehouses, rescue squad facilities and government
buildings.
(5)
Family day-care homes (as per N.J.S.A. 40:55D-66.5b.)[2]
[2]
Editor's Note: Former Subsection B(6), community
residences for the developmentally disabled and community shelters
for victims of domestic violence, which immediately followed this
subsection, was repealed 10-7-2003 by Ord. No. 12-10-2003.
C.
Accessory uses permitted. Accessory uses and structures
to any of the above permitted principal uses are permitted as follows:
(2)
Buildings for tools and equipment used for maintenance
of the grounds. Such building shall not exceed 12 feet in height.
(3)
Travel trailers, vacation trailers and campers may
be parked or stored on the lot only in rear and side yards. They shall
not be used for temporary or permanent living quarters.
(4)
Private garages.
(5)
Minor solar or photovoltaic energy facilities or structures; provided, however, that in the case of a roof-mounted system, the photovoltaic solar panels and all necessary equipment shall not extend more than 12 inches above the edge of the roofline or above the highest point of the roof surface or structure, and in accordance with the provisions of § 132-61A(6).
[Added 12-7-2010 by Ord. No. 16-16-2010; amended 4-25-2011 by Ord. No.
16-13-2011; 7-5-2012 by Ord. No. 17-12-2012]
D.
Conditional uses. The following uses are permitted subject to the approval of the Planning Board as conditional uses according to the standards set forth in Article VI and in accordance with the general provisions set forth in Article IV:
E.
Maximum building height. No building shall exceed
35 feet in height nor 2 1/2 stories, except that churches shall
not exceed 55 feet.
F.
Area and yard requirements. The lot and building thereon
shall comply with the following requirements:
|
Requirement
|
Detached Dwellings
|
Public/ Quasi-Public
| |
|---|---|---|---|
|
PRINCIPAL BUILDING
| |||
|
Minimum lot area
(square feet)
|
43,560
|
43,560
| |
|
Minimum lot frontage (feet)
|
150
|
225
| |
|
Minimum lot width (feet)
|
150
|
225
| |
|
Minimum lot depth (feet)
|
175
|
250
| |
|
Minimum yards (feet)
| |||
|
Front
|
25
|
75
| |
|
Rear
|
40
|
40
| |
|
Side (each)
|
20
|
30
| |
|
Maximum building coverage (percent)
|
20%
|
20%
| |
|
ACCESSORY BUILDING
| |||
|
Minimum yards (feet)
| |||
|
Front
|
40
|
100
| |
|
Rear
|
10
|
30
| |
|
Side (each)
|
10
|
30
| |
|
Minimum distance between buildings (feet)
|
20
|
20
| |
|
Maximum building coverage (percent)
|
2
|
2
| |
|
MAXIMUM LOT COVERAGE
(percent)
|
40%
|
40%
| |
G.
Gross floor area. The minimum floor area in any residential
dwelling shall meet the requirements of health and safety codes. The
maximum floor area shall be limited by the building and lot coverage
requirements.
H.
Minimum off-street parking.
(1)
The minimum requirement shall be two spaces per dwelling
unit plus 1/2 space per bedroom over the first bedroom. Fractional
spaces shall be rounded up to the next whole number.
(2)
Only those parking spaces meeting the dimensions of
this chapter shall be counted in meeting the minimum number of parking
spaces.
(3)
All lots shall provide a turnaround area on site so
that all vehicles may exit in a forward direction.
(4)
Churches shall provide one space for every five permanent
seats (one seat equaling 22 inches for pews and benches).
[1]
Editor's Note: This ordinance also repealed
former § 132-31, AR-2 Agriculture and Single-Family Residential
District, as amended.
[Added 7-26-1993 by Ord. No. 8-13-93[1]]
A.
Purpose. The purpose of the VR-2 Village Residential
District is to provide for and protect the character of the existing
Village of Barbertown while recognizing the existing nonresidential
uses located within its boundaries.
B.
Principal permitted uses. A building may be erected,
altered or used and a lot or premises may be occupied and used for
any of the following purposes:
(1)
All principal permitted uses permitted in the VR-1
District shall also be permitted in the VR-2 District.
(2)
Automobile service stations in existence as of February 8, 1993. Expansion of any automobile service station in existence as of this date shall require approval as a conditional use as per Article VI of this chapter. Permitted expansions shall not include the addition of property outside of the lot originally devoted to such use.
(3)
Restaurants in existence at the time of the passage
of this section. Expansion of any restaurant or creation of any new
restaurant shall require approval as a conditional use as described
below.
C.
Accessory uses permitted. Accessory uses permitted
are the same as those permitted in the VR-1 District.
D.
Conditional uses. The following uses are permitted subject to the approval of the Planning Board as conditional uses according to the standards set forth in Article VI and in accordance with the general provisions set forth in Article IV:
(1)
All conditional uses permitted in the VR-1 District.
(2)
New restaurants and general stores under the following
conditions:
(a)
The exterior appearance of any new structure
shall compliment and be compatible with the character of the surrounding
area. New buildings shall relate to buildings in their vicinity in
terms of height, scale, massing, directional expression, setback,
sense of entry, roof shapes, building materials, color and exterior
features.
(b)
Where restaurants or general stores are to be
created from the conversion of an existing structure, the conversion
shall be accomplished in a manner which renders it compatible with
the architectural scale and character of the area in which it is proposed.
Compatibility of architecture shall be judged in terms given above.
(c)
Parking for restaurants shall be provided at a rate of one space per three seats. Parking for general stores shall be provided at a rate of one space per 250 square feet unless otherwise approved by the Planning Board. Parking for restaurants and general stores shall be screened from the public right-of-way and surrounding residential land uses by landscaping, fencing, wall, berm or combination of these as approved by the appropriate board. Parking lot screening and buffering shall be required in accordance with § 132-53 of this chapter.
(d)
No access driveway to a nonresidential use shall
be located within 100 feet of the intersection of two public streets
as measured from the center line of the driveway to the point of intersection
of the two closest street lines.
(f)
A "general store" shall be defined as an individual
store intended for quick convenience trade, such as a small grocery,
delicatessen, newsstand, etc. This use shall not be larger than 4,000
square feet.
E.
Maximum building height. No building shall exceed
35 feet in height nor 2 1/2 stories, except that churches shall
not exceed 55 feet.
F.
Area and yard requirements. The lot and building thereon
shall comply with the following requirements:
|
Requirement
|
VR-2
| |
|---|---|---|
|
PRINCIPAL BUILDING
| ||
|
Minimum lot area (square feet)
|
87,120
| |
|
Minimum lot frontage (feet)
|
200
| |
|
Minimum lot width (feet)
|
200
| |
|
Minimum lot depth (feet)
|
250
| |
|
Minimum yards (feet)
| ||
|
Front
|
50
| |
|
Rear
|
60
| |
|
Sides (each)
|
40
| |
|
Maximum building coverage (percent)
|
8%
| |
|
ACCESSORY BUILDING
| ||
|
Minimum yards (feet)
| ||
|
Front
|
75
| |
|
Rear
|
30
| |
|
Sides (each)
|
30
| |
|
Minimum distance between buildings (feet)
|
20
| |
|
Maximum building coverage (percent)
|
2%
| |
|
MAXIMUM LOT COVERAGE (percent)
|
30%
| |
|
NOTES:
|
|---|
|
* Maximum lot coverage for nonresidential
uses shall be 40%.
|
G.
Gross floor area. The minimum floor area in any residential
dwelling shall meet the requirements of health and safety codes. The
maximum floor area shall be limited by the building and lot coverage
requirements.
H.
Minimum off-street parking.
(1)
The minimum requirement shall be two spaces per dwelling
unit plus 0.5 space per bedroom over the first bedroom. Fractional
spaces shall be rounded up to the next whole number.
(2)
Only those parking spaces meeting the dimensions of
this chapter shall be counted in meeting the minimum number of parking
spaces.
(3)
All lots shall provide a turnaround area on site so
that all vehicles may exit in a forward direction.
(4)
Churches shall provide one space for every five permanent
seats (one seat equaling 22 inches for pews and benches).
[1]
Editor's Note: This ordinance also repealed
former § 132-32, VC Village Commercial and CC Community
Commercial District.
[Added 7-26-1993 by Ord. No. 8-13-93]
A.
Purpose. The purpose of these two districts is to
provide the opportunity to develop appropriate commercial services
of a convenience nature and to provide for the development of commercial
goods and services in and around the Village of Baptistown.
B.
Permitted principal uses. A building may be erected,
altered or used and a lot or premises may be occupied and used for
any of the following purposes:
(1)
In the VC-1 District:
(a)
Local retail uses such as grocery stores and
other stores selling consumable products; drugstores; and stores selling
gifts, antiques (but not flea markets), stationery, hobbies, books,
clothing, sporting goods, liquor stores, shoes, fabric, flowers, hardware,
musical instrument sales, pet supplies and pets (but kennels are prohibited)
and similar goods.
(b)
Local service uses such as medical, dental and
other professional offices, real estate, insurance and similar business
offices, musical instrument repair, barbershops and beauty salons,
tailors, dry-cleaning stores and laundromats, shoe repair, upholsterers,
appliance repair and similar local service uses.
(c)
Restaurants, bars and taverns.
(d)
Banks, including drive-up windows.
(e)
Bed-and-breakfast inns.
(f)
Child-care centers licensed by the New Jersey
Department of Human Services pursuant to P.L. 1983, c. 492 (N.J.S.A.
30:5B-1 et seq.), and N.J.S.A. 40:55D-66.6 of the Municipal Land Use
Law.
(g)
The foregoing standards shall not be applicable if the subject lot(s) are located within the Route 12 Scenic Corridor Overlay (SCO) Zone as provided for in § 132-41 of the Zoning Ordinance. If the subject lot is located within the SCO Zone, the provisions of the SCO Zone shall apply and supersede any and all requirements of the underlying district. To determine whether the provisions of the SCO Zone apply and/or whether the subject lot(s) are located within the SCO Zone, refer to the Zoning Map included as Attachment 5 to this Chapter and available for inspection at the Township offices.
[Added 3-2-2023 by Ord. No. 5-2023]
(2)
In the VC-2 District:
(a)
Any uses permitted in the VC-1 District.
(b)
Mechanical contractors.
(c)
Furniture and appliance stores, department stores
and supermarkets.
(d)
Farm equipment dealerships of a franchised dealer.
(e)
Agriculture.
(f)
The foregoing standards shall not be applicable if the subject lot(s) are located within the Route 12 Scenic Corridor Overlay (SCO) Zone as provided for in § 132-41 of the Zoning Ordinance. If the subject lot is located within the SCO Zone, the provisions of the SCO Zone shall apply and supersede any and all requirements of the underlying district. To determine whether the provisions of the SCO Zone apply and/or whether the subject lot(s) are located within the SCO Zone, refer to the Zoning Map included as Attachment 5 to this Chapter and available for inspection at the Township offices.
[Added 3-2-2023 by Ord. No. 5-2023]
C.
Accessory uses permitted. The following accessory
uses shall be permitted in the VC-1 and VC-2 Districts:
(1)
Service departments associated with farm equipment
dealerships, provided that there is no body work and no vehicle painting
conducted on the site.
(2)
Temporary construction trailers and one temporary
unlighted sign not exceeding 100 square feet in area stating the future
occupant, the prime contractor, subcontractors, names of the members
of the design team and financing institution. Said trailers and sign
may be located on the tract upon issuance of the building permit and
shall be removed prior to the issuance of a certificate of occupancy.
The trailers shall be set back at least 100 feet and signs shall be
set back at least 50 feet from all property lines.
(3)
Other uses and structures customarily incidental to
a principal permitted use.
(4)
Private and public parking.
(6)
Minor solar or photovoltaic energy facilities or structures; provided, however, that in the case of a roof-mounted system, the photovoltaic solar panels and all necessary equipment shall not extend more than 12 inches above the edge of the roofline or above the highest point of the roof surface or structure, and in accordance with the provisions of § 132-61A(6).
[Added 12-7-2010 by Ord. No. 16-16-2010; amended 4-25-2011 by Ord. No.
16-13-2011; 7-5-2012 by Ord. No. 17-12-2012]
D.
Conditional uses. The following uses are permitted subject to approval of the Planning Board as conditional uses according to the standards set forth in Article VI and in accordance with the general provisions set forth in Article IV.
E.
Maximum building height. No building shall exceed
two stories in height nor be higher than 35 feet.
F.
Area and yard requirements.
(1)
The lot and building thereon shall comply with the
following requirements:
|
Requirement
|
VC-1
|
VC-2
| |
|---|---|---|---|
|
PRINCIPAL BUILDING
| |||
|
Minimum lot area (square feet)
|
43,560
|
87,120
| |
|
Minimum lot frontage (feet)
|
175
|
275*
| |
|
Minimum lot width (feet)
|
175
|
200
| |
|
Minimum lot depth (feet)
|
150
|
200
| |
|
Minimum yards (feet)
| |||
|
Front
|
50
|
75
| |
|
Rear
|
25
|
50
| |
|
Side (each)
|
15**
|
40
| |
|
Maximum building coverage (percent)
|
20%
|
15%
| |
|
Maximum floor area ratio (FAR) (percent)
|
20%
|
20%
| |
|
ACCESSORY BUILDING
| |||
|
Minimum yards (feet)
| |||
|
Front
|
50
|
75
| |
|
Rear
|
10
|
30
| |
|
Side (each)
|
20
|
30
| |
|
Minimum distance between buildings (feet)
|
20
|
20***
| |
|
Maximum building coverage (percent)
|
2%
|
2%
| |
|
MAXIMUM LOT COVERAGE (percent)
|
60%
|
40%
| |
|
NOTES:
|
|---|
|
* Where primary access is not from
Route 12, the lot frontage may be reduced to 225 feet.
|
|
** In the VC-1 District, in order
to encourage an end result which provides parking, access and architectural
continuity even where the development occurs piecemeal and with diverse
ownership, buildings may be attached and may be built to the interior
side line(s) in order to be attached. Attached buildings shall have
the common wall of the two buildings located on the lot line. Where
buildings are attached along a common side lot line, the site plan
shall be accompanied by appropriate legal material and plans showing
properly located loading spaces and trash receptacles with permitted
access across adjacent properties. If structures are not attached,
the side yards shall be as shown above.
|
|
*** If a driveway passes between
buildings, the space between the buildings shall be increased by the
width of the driveway.
|
(2)
In the VC-2 District, in order to avoid strip frontage
development, all permitted uses shall be planned as part of an overall
coordinated plan for the entire site, whether developed all at one
time or one use at a time over a period of years. In addition, each
tract containing more than one building shall have a unifying theme
with regard to architectural features, signage and lighting in accordance
with an approved site plan.
G.
Gross floor area. The maximum floor area shall be
limited by the floor area ratio and the building and lot coverage
requirements.
H.
Minimum off-street parking.
(1)
Only those parking spaces meeting the dimensions required per § 132-53 and spaces that are not being blocked by another parking or loading space shall be counted in meeting the minimum number of parking spaces.
(2)
The site planning shall include provision for connecting
adjacent lots to one another either by driveway connections from one
parking lot to another designed in safe and efficient locations or
by a parallel service road separate from the parking lot circulation
pattern.
(3)
For residential uses there shall be provided two spaces
for the first bedroom plus 0.5 space per bedroom over the first bedroom.
(4)
Offices shall provide one space per 250 square feet
of gross floor area, except that medical offices shall provide one
space per 150 square feet of gross floor area.
(5)
Retail and service uses shall provide one space per
175 square feet of gross floor area, except for specialized retail
uses specified below and except that, where there are five or more
uses designed on a site with shared parking facilities, as in a shopping
center, the parking may be reduced to at least one space per 275 square
feet of gross floor area.
(6)
Health clubs and exercise rooms shall provide one
space for every 200 square feet of gross floor area.
(7)
Restaurants shall provide one space per three seats.
(8)
Farm equipment dealerships shall provide one space
per 250 square feet of gross floor area devoted to showrooms and offices,
plus one space for every 500 square feet of gross floor area in the
service department or other areas.
(9)
Barbershops and beauty salons shall provide two spaces
per chair.
(10)
Banks shall provide one space per 250 square
feet of gross floor area plus a separate stacking lane for each drive-up
window with a capacity for at least 10 vehicles. These lanes shall
be separated from the driveways, aisles and parking spaces serving
the remainder of the use.
(11)
Furniture and appliance stores shall provide
one space per 500 square feet of gross floor area.
(12)
Automobile service stations, transmission repair,
tire sales, lubricating specialists, battery sales and similar uses
shall provide four spaces per bay or work area, plus one space per
250 square feet of gross floor area devoted to retail store area.
(13)
Any use which may be permitted due to its similarity
to a use listed above shall provide parking at the rate required of
the similar use.
I.
Minimum off-street loading. Minimum off-street loading shall be provided in accordance with § 132-53I.
J.
General requirements.
(1)
Any principal building may contain more than one permitted
use, and any lot may contain more than one principal structure, provided
that each principal structure is located in a manner which will allow
the possibility of subdividing the lot in a manner such that each
structure and resulting lot would conform to the zoning and subdivision
regulations, including frontage on a public street.
(2)
Any development or site modification in the VC-1 or
VC-2 District shall require site plan approval.
(3)
No merchandise, products, equipment or similar material
shall be displayed, stored or sold outside unless part of an approved
automotive or farm equipment dealership. For all other uses, the conducting
of business shall be within a building. Farm equipment dealerships
may display new vehicles along the front of the building, provided
that the vehicles are set back from the street right-of-way at least
75 feet, there are no more than two rows of vehicles and the lighting
is arranged so that no direct light source is visible to a driver
traveling along the adjacent highway.
(4)
Parking areas shall be set back from the street right-of-way at least 15 feet in the VC-1 District and 25 feet in the VC-2 District. The parking setback area shall be planted as a lawn area or as lawn with shrubbery and in accordance with § 132-53.
(5)
All portions of the property not covered by buildings
or paved surfaces shall be landscaped, utilizing combinations of lawn
area, ground cover, rock formations, contours and berming, existing
foliage and the planting of shrubbery, conifers and deciduous trees
in order to establish, maintain or reestablish a suitable natural
environment in the area and lessen the visual impact of the structures
and paved areas. The established grades on any site shall be planned
for both aesthetic and drainage purposes. The grading plan, drainage
facilities and landscaping shall be coordinated to prevent erosion
and silting and to assure that the capacity of any natural or man-made
drainage system is sufficient to handle the water generated from the
site and contributing upstream areas.
K.
Number and arrangement of driveways.
(1)
Driveways shall be located where there is at least
550 feet of sight distance along arterial and collector streets and
at least 200 feet of sight distance along local streets. Driveway
locations shall be at least 200 feet from a street intersection along
arterial and collector streets, at least 100 feet from a street intersection
of a local street and at least 50 feet from any lot line. Driveways
shall not be located where they will interfere with the placement
and proper functioning of highway signs, traffic signals, lighting
and other devices that affect traffic operation.
(2)
Existing building lots having less than 200 feet of
frontage shall be permitted only one driveway to that street.
(3)
The area within a sight distance area shall be graded
and kept clear of vegetation to enable a driver to see along the abutting
street the specified distance in both directions. The sight distance
area is a triangular area located at the intersection of the driveway
and the abutting street. This area is to be kept clear of earth, rock
and vegetation in the space between two and 10 feet above the driveway
elevation. The first side of the triangle shall run 30 feet along
the center line of the driveway starting at the right-of-way to a
point on the right-of-way 100 feet from the center line of the driveway.
The property owner shall maintain said sight triangle. Failure to
do so can be grounds for revoking the certificate of occupancy for
the use of the property until the sight distance area is regraded,
cleared of plant material, trimmed or otherwise modified to provide
the proper sight distance area.
(4)
For existing lots of record containing more than 200
feet of frontage, a second driveway may be permitted, provided that
the center lines of the two driveways are at least 130 feet apart,
neither driveway is closer to the intersection of two streets than
set forth above and the required sight distances are met, and in no
event shall more than two driveways to the same street be permitted.
[1]
Editor's Note: Former § 132-33,
HC Highway Commercial District, as amended, was repealed 9-22-1988
by Ord. No. 6-13-88.
[Added 7-26-1993 by Ord. No. 8-13-93]
A.
Purpose. The purpose of the Highway Commercial District
is to provide for the development of various highway-oriented commercial
uses outside the village areas and along Route 12 which have a market
generally wider than the immediate Kingwood community.
B.
Permitted principal uses. A building may be erected,
altered or used and a lot or premises may be occupied and used for
any of the following purposes:
(1)
All principally permitted uses in the VC-1 and VC-2
Districts.
(2)
Miniwarehousing and veterinary hospitals.
(3)
Nurseries and garden centers (but not greenhouse structures),
feed and grain outlets, theaters, bowling alleys, department stores,
automobile dealerships and supermarkets.
(4)
The foregoing standards shall not be applicable if the subject lot(s) are located within the Route 12 Scenic Corridor Overlay (SCO) Zone as provided for in § 132-41 of the Zoning Ordinance. If the subject lot is located within the SCO Zone, the provisions of the SCO Zone shall apply and supersede any and all requirements of the underlying district. To determine whether the provisions of the SCO Zone apply and/or whether the subject lot(s) are located within the SCO Zone, refer to the Zoning Map included as Attachment 5 to this Chapter and available for inspection at the Township offices.
[Added 3-2-2023 by Ord. No. 5-2023]
C.
Accessory uses permitted. The following accessory
uses shall be permitted:
(1)
All accessory uses permitted in the VC-1 and VC-2
Districts.
(2)
Minor
solar or photovoltaic energy facilities or structures; provided, however,
that in the case of a roof-mounted system, the photovoltaic solar
panels and all necessary equipment shall not extend more than 12 inches
above the edge of the roofline or above the highest point of the roof
surface or structure.
[Added 12-7-2010 by Ord. No. 16-16-2010]
D.
E.
Maximum building height. No building shall exceed
2.5 stories in height nor be higher than 40 feet.
F.
Area and yard requirements.
(1)
The lot and building thereon shall comply with the
following requirements:
|
Requirement
|
HC
| |
|---|---|---|
|
PRINCIPAL BUILDING
| ||
|
Minimum lot area (acres)
|
4
| |
|
Minimum lot frontage (feet)
|
275
| |
|
Minimum lot width (feet)
|
275
| |
|
Minimum lot depth (feet)
|
450
| |
|
Minimum yards (feet)
| ||
|
Front
|
100
| |
|
Rear
|
100
| |
|
Side (each)
|
50
| |
|
Maximum building coverage (percent)
|
10%
| |
|
Maximum floor area ratio (percent)
|
10%
| |
|
ACCESSORY BUILDING
| ||
|
Minimum yards (feet)
| ||
|
Front
|
125
| |
|
Rear
|
75
| |
|
Side (each)
|
50
| |
|
Minimum distance between buildings (feet)
|
20
| |
|
Maximum building coverage (percent)
|
2%
| |
|
MAXIMUM LOT COVERAGE (percent)
|
45%
| |
(2)
In the HC District, in order to avoid strip frontage
development, all uses listed above to be located on a single site
shall be planned as part of an overall coordinated plan for the entire
site, whether developed all at once or one use at a time over a period
of years. In addition, each tract containing more than one building
shall have a unifying theme with regard to architectural features,
signage and lighting in accordance with an approved site plan.
G.
Gross floor area. The maximum floor area shall be
limited by the floor area ratio and the building and lot coverage
requirements.
H.
Minimum off-street parking.
(1)
Parking for individual uses shall be provided as required in § 132-33 or as otherwise indicated in this chapter.
(2)
Theaters shall provide one space for every three seats.
(3)
Bowling alleys shall provide four spaces per lane
plus one space for every three seats in a restaurant, bar or snack
room.
(4)
Nurseries, garden centers and feed and grain supply
stores shall provide one space per 250 square feet of gross floor
area within greenhouses and other interior growing space accessible
to customer, plus one space per 1,000 square feet of outdoor display
area.
(5)
Body repair shops shall provide one space per 250
square feet of gross floor area for office use, plus four spaces per
bay or work area in the service areas.
I.
Minimum off-street loading. Minimum off-street loading shall be provided as required in § 132-53I.
J.
General requirements.
(1)
Any principal building may contain more than one permitted
use, and any lot may contain more than one principal structure, provided
that each principal structure is located in a manner which will allow
the possibility of subdividing the lot in a manner such that each
structure and resulting lot would conform to the zoning and subdivision
regulations, including frontage on a public street.
(2)
Any development or site modification in the HC District
shall require site plan approval.
(3)
Except at nurseries, garden centers, food and grain
supply stores and farm equipment dealerships, no merchandise, products,
equipment or similar material shall be displayed, stored or sold outside.
The conducting of business shall be within a building. In a nursery
or garden center, living plant material may be located within 50 feet
of the property line, but other material in a nursery of garden center
or feed and grain supply store, such as packaged peat moss and fertilizer,
decorative stone, bulk storage and fencing, may be displayed outside
but shall be at least 100 feet from any property line. Farm equipment
dealerships may display new vehicles along the front of the building,
provided that the vehicles are set back from the street right-of-way
at least 75 feet, there are no more than two rows of vehicles and
the lighting is arranged so no direct light source is visible to a
driver traveling along the adjacent highway.
(4)
Parking areas shall be set back from the street right-of-way at least 50 feet in the HC District. The parking setback area shall be planted as a lawn area or as lawn with shrubbery and in accordance with § 132-53. The fifty-foot area shall be graded and planted to screen the parking areas from view from the abutting street by plantings or, at the discretion of the Planning Board, planting and berming. The plantings may be done through various combinations of evergreens, deciduous trees, shrubbery and lawn cover.
(5)
All portions of the property not covered by buildings
or paved surfaces shall be landscaped utilizing combinations of lawn
area, ground cover, rock formations, contours and berming, existing
foliage and the planting of shrubbery, conifers and deciduous trees
in order to establish, maintain or reestablish a suitable natural
environment in the area and lessen the visual impact of the structures
and paved areas. The established grades on any site shall be planned
for both aesthetic and drainage purposes. The grading plan, drainage
facilities and landscaping shall be coordinated to prevent erosion
and silting and to assure that the capacity of any natural or man-made
drainage system is sufficient to handle the water generated from the
site and contributing upstream areas.
(6)
A minimum buffer area of at least 100 feet wide shall
be provided along any common boundary of the HC District with a residential
district.
[1]
Editor's Note: Former § 132-34,
MI Manufacturing Industrial District, was repealed 9-22-1988 by Ord.
No. 6-13-88.
A.
Purpose. This zoning district is located in the vicinity
of Route 12 which is partially developed with various businesses and
industries. The intent of this district is to further promote the
industrial and commercial businesses in Kingwood which are sensitive
to the particular environmental conditions of the area. Such uses
should not be high water users, should maintain groundwater quality
and should avoid encroachments into stream corridors and wetlands.
Such uses should also not violate the performance standards set forth
in this chapter nor generate large volumes of truck traffic that would
negatively impact the rural road system.
B.
Permitted principal uses shall be as follows:
(1)
Business offices.
(2)
Warehousing, including miniwarehousing/storage.
(3)
Laboratories and research.
(4)
Manufacturing and assembly operations.
(5)
Lumberyards.
(6)
Agriculture.
(7)
Professional offices.
(8)
Banquet/convention facilities.
(9)
Major solar or photovoltaic energy facilities or structures in accordance with the provisions found at Chapter 132, Article IV, Supplemental Regulations, §§ 132-60 and 132-61A(7), (9) and (10). In the BP Zone, no major solar or photovoltaic energy facility or structures shall be situated upon a lot or lots upon which there is situated another principal use or structure.
[Added 12-7-2010 by Ord. No. 16-16-2010; amended 4-25-2011 by Ord. No.
16-13-2011; 3-1-2012 by Ord. No. 17-02-2012; 7-5-2012 by Ord. No. 17-12-2012]
(10)
Wind energy systems, in accordance with the provisions found at § 132-50D.
[Added 8-4-2011 by Ord. No. 16-20-2011; amended 3-1-2012 by Ord. No. 17-02-2012]
(11)
The foregoing standards shall not be applicable if the subject lot(s) are located within the Route 12 Scenic Corridor Overlay (SCO) Zone as provided for in § 132-41 of the Zoning Ordinance. If the subject lot is located within the SCO Zone, the provisions of the SCO Zone shall apply and supersede any and all requirements of the underlying district. To determine whether the provisions of the SCO Zone apply and/ or whether the subject lot(s) are located within the SCO Zone, refer to the Zoning Map included as Attachment 5 to this Chapter and available for inspection at the Township offices.
[Added 3-2-2023 by Ord. No. 5-2023]
C.
Accessory uses.
(1)
Other uses and structures customarily incidental to
a principal permitted use, such as parking garages and storage buildings.
(2)
Off-street parking and loading.
(4)
Temporary construction trailers and one temporary
sign not exceeding 100 square feet in area stating the future occupant,
the prime contractor, subcontractors, names of the members of the
design team and financing institution. Said trailers and sign may
be located on the tract upon issuance of the building permit and shall
be removed prior to the issuance of a certificate of occupancy. The
trailers shall be set back 200 feet and signs shall be set back 50
feet from all property lines.
(5)
Any permitted use in this district which employs over
100 persons or is part of a planned business park of 25 acres or more
as defined by this chapter may incorporate retail convenience uses
such as cafeterias, banks, haircutters, dry cleaners, gift shops and
similar personal service operations normally found within large corporations
for the sole use of their employees or guests. These retail uses must
be located within the principal building of the permitted use, shall
not be advertised outside the building nor be open to the general
public nor have direct customer access from the exterior of the building.
No more than 5% of the gross floor area of any building permitted
in this district may be used for this purpose.
(6)
Accessory day care.
(a)
Day-care facilities shall be permitted in all
office developments where accessory retail is permitted.
(b)
Day-care facilities may be provided on site
as integrated into the larger office complex or in a separate building.
(c)
If developed as a separate building, day care
must be located on site and must adhere to the area and bulk criteria
of the zone in which it is located.
(e)
The operator of the day-care facility must file
a child-care registration form with the Township Clerk.
(f)
Development of a day-care center must comply
with state regulations as found in the Manual of Requirements for
Child Care Centers (N.J.A.C. 3A:52-1.1 et seq.).
[Amended 11-4-2021 by Ord. No. 21-20-2021]
(g)
If the day-care center is located in a separate
building, setbacks, screening and landscaping shall conform to the
requirements of the zone in which the structure is located.
(7)
Minor
solar or photovoltaic energy facilities or structures; provided, however,
that in the case of a roof-mounted system, the photovoltaic solar
panels and all necessary equipment shall not extend more than 12 inches
above the edge of the roofline or above the highest point of the roof
surface or structure.
[Added 12-7-2010 by Ord. No. 16-16-2010]
D.
Conditional uses. The following shall be permitted as conditional uses in the BP Zone subject to the approval of the Planning Board according to the standards set forth in Article VI and in accordance with the general provisions set forth in Article IV or as given below:
(1)
Retail under the following conditions:
(a)
Retail uses permitted shall be the same as those
principally permitted in the Highway Commercial District (§ 134-34B).
(b)
Retail uses may only be developed where they
have a minimum lot frontage of 400 feet on Route 12 and access from
Route 12. Where permitted, such uses shall also comply with all other
bulk requirements of the BP District.
(c)
Retail uses as identified above shall only be
permitted where the Planning Board finds that such use will not be
substantially detrimental to the future development of the BP District
with principally permitted BP District uses.
(2)
Wholesale greenhouses.
(3)
Mechanical and business equipment storage, contractor yards and construction businesses, pallet and skid storage shall be permitted in the BP District under the same conditions given in Article VI for wholesale greenhouses.
(4)
Flex office/warehousing under the following conditions:
(a)
Provided that the applicant identifies the mix
of office versus warehousing use and that parking shall be provided
which reflects the different needs of such uses and, as a further
condition of approval, for a future change of mix whereby office is
increased, the applicant must provide additional parking or demonstrate
to the Board that adequate parking is available.
(5)
Planned business parks.
E.
Maximum building height shall be 40 feet or 2 1/2
stories.
F.
Area and yard requirements. The lot and buildings
thereon shall comply with the following requirements:
|
Requirement
|
BP
| |
|---|---|---|
|
PRINCIPAL BUILDING
| ||
|
Minimum lot area (acres)
|
5
| |
|
Minimum lot frontage (feet)
|
400
| |
|
Minimum lot width (feet)
|
400
| |
|
Minimum lot depth (feet)
|
500
| |
|
Minimum yards (feet)
| ||
|
Front
|
100
| |
|
Rear
|
50
| |
|
Side (each)
|
50
| |
|
Maximum building coverage (percent)
|
15%
| |
|
Maximum floor area ratio:
| ||
|
Lots of 0 to 5.00 acres
|
10%
| |
|
Lots of 5.01 to 9.99 acres
|
11%
| |
|
Lots of 10 to 14.99 acres
|
12%
| |
|
Lots of 15 to 19.99 acres
|
13%
| |
|
Lots of 20 to 24.99 acres
|
14%
| |
|
ACCESSORY BUILDING
| ||
|
Minimum yards (feet)
| ||
|
Front
|
100
| |
|
Rear
|
50
| |
|
Side (each)
|
50
| |
|
Minimum distance between buildings (feet)
|
30
| |
|
Maximum building coverage (percent)
|
2%
| |
|
MAXIMUM LOT COVERAGE (percent)
|
45%
| |
G.
Minimum off-street parking.
(1)
Minimum off-street parking shall be as follows:
(a)
One space per 250 square feet gross floor area
for offices, except that medical offices shall provide one space per
150 square feet of gross floor area.
(b)
One space per 700 square feet of gross floor
area for manufacturing and assembly operations.
(c)
One space per 800 square feet of gross floor
area for research and laboratory use.
(d)
One space per 1,000 square feet of gross floor
area for warehousing.
(e)
In addition to the above, one space for every
company vehicle owned and/or operated from that site.
(2)
Parking areas may cross property or lease lines so
adjoining uses share parking spaces and access drives. Where an applicant
can demonstrate through expert testimony and to the satisfaction of
the approving authority that the Township's parking and loading requirements
are excessive, the approving authority may approve a plan showing
less parking and/or loading area to be paved, provided that a landscaped
area sufficient to meet the deficiency shall be set aside on the plan
and reserved for future parking and/or loading in the event that the
use changes or the approved use needs more parking or loading than
approved, and provided further that this reserved area shall be graded
compatibly with the storm sewer system for both its landscaped and
possible paved condition. All parking shall be behind the front building
line. If a building contains multiple permitted uses, each shall be
provided with sufficient parking based on the component uses within
the building.
J.
Number and arrangement of driveways. The number and arrangement of driveways shall be provided as required under § 132-33K.
K.
General conditions.
(1)
Any principal building may contain more than one permitted
use.
(2)
Any development or modification to an existing nonresidential
use or the property of an existing nonresidential use in the BP District
shall require site plan approval.
(3)
Any lot may contain more than one principal structure,
provided that each principal structure is located in a manner which
will allow the possibility of subdividing the lot in a manner such
that each structure and resulting lot would conform to the zoning
and subdivision regulations, including frontage on a public street,
provided further that the location of each principal structure need
not comply with these requirements if the proposed locations as set
forth on the site plan comply with sound planning and the overall
development density for the entire tract does not exceed one structure
per each five acres.
[1]
Editor's Note: This ordinance also repealed
former § 132-35, PI Planned Industrial District, as amended.
[Amended 7-26-1993 by Ord. No. 8-13-93]
A.
Purpose. The purpose of this zone is to provide a
mixed-use area under specific conditions to promote a suitable transition
area between existing commercial/industrial uses and residential uses.
This zoning also recognizes the changing character to certain areas
caused by increased and increasing intensity of use with regard to
Route 12 traffic. Low-intensity retail service facilities characterized
by low traffic generation are also permitted.
B.
In the PO/R Zone, the principal permitted uses shall
be as follows:
(1)
Principal permitted uses in the AR-2 Zone are permitted
in the PO/R Zone.
(2)
General and professional offices, including business,
administrative and professional, including real estate, insurance,
medical/dental or similar offices.
(3)
Fiduciary or financial institutions such as banks
or savings and loan institutions.
(4)
Restaurants.
(5)
Convenience grocery stores, antique stores, gift stores,
pharmacies.
(6)
Family day-care homes (as per N.J.S.A. 40:55D-66.5b).[2]
[2]
Editor's Note: Former Subsection B(7), community
residences for the developmentally disabled and community shelters
for victims of domestic violence, which immediately followed this
subsection, was repealed 10-7-2003 by Ord. No. 12-10-2003.
(7)
The foregoing standards shall not be applicable if the subject lot(s) are located within the Route 12 Scenic Corridor Overlay (SCO) Zone as provided for in § 132-41 of the Zoning Ordinance. If the subject lot is located within the SCO Zone, the provisions of the SCO Zone shall apply and supersede any and all requirements of the underlying district. To determine whether the provisions of the SCO Zone apply and/or whether the subject lot(s) are located within the SCO Zone, refer to the Zoning Map included as Attachment 5 to this Chapter and available for inspection at the Township offices.
[Added 3-2-2023 by Ord. No. 5-2023]
(8)
Affordable
housing as attached or detached rental or for-sale units.
[Added 3-2-2023 by Ord. No. 5-2023]
C.
Permitted accessory uses:
(1)
Other uses and structures customarily incidental to
a principal permitted use.
(2)
Public and private parking, including garages.
(5)
Travel trailers, vacation trailers and campers may
be parked or stored on the lot only in side or rear yards. They shall
not be used for temporary or permanent living quarters.
(6)
Minor
solar or photovoltaic energy facilities or structures; provided, however,
that in the case of a roof-mounted system, the photovoltaic solar
panels and all necessary equipment shall not extend more than 12 inches
above the edge of the roofline or above the highest point of the roof
surface or structure.
[Added 12-7-2010 by Ord. No. 16-16-2010]
D.
E.
Supplemental requirements. The conversion of an existing
residential structure to any nonresidential use shall only be permitted
where the character of the existing structure is maintained to the
greatest extent possible and all off-street parking and other requirements
of this chapter are met. Any conversion of an existing residential
building to a commercial use shall be consistent with the existing
architecture.
F.
Maximum building height shall be 35 feet or 2 1/2
stories.
G.
Area and yard requirements. Requirements for new development
in the PO/R District:
|
Requirement*
|
PO/R
| |
|---|---|---|
|
PRINCIPAL BUILDING
| ||
|
Minimum lot area (acres)
|
2
| |
|
Minimum lot frontage (feet)
|
200
| |
|
Minimum lot width (feet)
|
200
| |
|
Minimum lot depth (feet)
|
250
| |
|
Minimum yards (feet)
| ||
|
Front
|
75
| |
|
Rear
|
50
| |
|
Side (each)
|
40
| |
|
Maximum building coverage (percent)
|
15%
| |
|
Maximum floor area ratio (percent)
|
15%
| |
|
ACCESSORY BUILDING
| ||
|
Minimum yards (feet)
| ||
|
Front
|
75
| |
|
Rear
|
30
| |
|
Side (each)
|
30
| |
|
Minimum distance between buildings (feet)
|
20
| |
|
Maximum building coverage (percent)
|
2%
| |
|
MAXIMUM LOT COVERAGE (percent)
|
40%
| |
|
NOTES:
|
|---|
|
* Where an existing single-family
residence is proposed for conversion to any permitted use in this
district, the area and yard requirements for such conversion will
be the same as those required for a VC-1 use in the VC-1 District.
|
H.
Minimum off-street parking and loading.
(1)
All dwelling units (except accessory apartments) shall
provide a minimum of two parking spaces per unit plus 0.5 parking
space per bedroom over the first bedroom. Fractional spaces shall
be rounded up to the next whole number. Parking for accessory apartments
shall be in addition to that required for the primary use.
(2)
All lots shall provide a turnaround area on site so
that all vehicles may exit in a forward direction.
(4)
Parking areas shall be no closer than 15 feet to any street line or residential property line nor closer than five feet to any other property line, except for properties providing a shared parking arrangement with an adjacent use. The parking setback area shall be planted with a lawn or a lawn with shrubbery and in accordance with § 132-53.
[1]
Editor's Note: Former § 132-36,
C Steep Slope Conservation District, as amended, was repealed 9-23-1968
by Ord. No. 6-13-88.
[Added 6-3-2003 by Ord. No. 12-6-2003]
A.
Purpose. The purpose of the BC Byram Colony District
is to provide for and protect the character of the existing Byram
Colony area. The provisions set forth herein are in recognition that
the colony is essentially fully developed.
B.
Permitted principal uses. A building may be erected,
altered or used and a lot or premises may be occupied and used for
any of the following purposes:
(1)
Detached single-family dwelling units.
(2)
Public playgrounds, conservation areas, parks and
public purpose uses.
(3)
Churches and cemeteries.
(4)
Firehouses, rescue squad facilities and government
buildings.
(5)
Family day-care homes (as per N.J.S.A. 40:55D-66.5b).[1]
[1]
Editor's Note: Former Subsection B(6), community
residences for the developmentally disabled and community shelters
for victims of domestic violence, which immediately followed this
subsection, was repealed 10-7-2003 by Ord. No. 12-10-2003.
C.
Accessory uses permitted. Accessory uses and structures
to any of the above permitted principal uses are permitted as follows:
(2)
Buildings for tools and equipment used for maintenance
of the grounds. Such buildings shall not exceed 12 feet in height.
(3)
Travel trailers, vacation trailers and campers may
be parked or stored on the lot only in rear and side yards. They shall
not be used for temporary or permanent living quarters.
(4)
Private garages.
(5)
Minor solar or photovoltaic energy facilities or structures; provided, however, that in the case of a roof-mounted system, the photovoltaic solar panels and all necessary equipment shall not extend more than 12 inches above the edge of the roofline or above the highest point of the roof surface or structure, and in accordance with the provisions of § 132-61A(6).
[Added 12-7-2010 by Ord. No. 16-16-2010; amended 4-25-2011 by Ord. No.
16-13-2011; 7-5-2012 by Ord. No. 17-12-2012]
D.
Maximum building height. No building shall exceed 35 feet in height nor 2 1/2 stories, except that churches shall not exceed 55 feet, and for any existing or proposed elevated building, as defined in § 132-37, FP Floodplain District, the height shall be measured from the flood hazard elevation at the building location.
[Amended 9-5-2006 by Ord. No. 13-32-2006]
E.
Area and yard requirements. The lot and building thereon
shall comply with the following requirements:
|
Requirement
|
Detached Dwellings
|
Public/ Quasipublic
| |
|---|---|---|---|
|
PRINCIPAL BUILDING
| |||
|
Minimum lot area (square feet)
|
21,780
|
21,780
| |
|
Minimum lot frontage (feet)
|
50
|
100
| |
|
Minimum lot width (feet)
|
50
|
100
| |
|
Minimum lot depth (feet)
|
200
|
200
| |
|
Minimum yards (feet)
| |||
|
Front
|
The greater of 20 feet or the average of the
actual existing setback from the line of the Delaware River of principal
structures on each adjoining lot
|
75
| |
|
Rear
|
40
|
40
| |
|
Side (each)
|
5
|
10
| |
|
Maximum building coverage (percent)
|
20%
|
20%
| |
|
ACCESSORY BUILDING
| |||
|
Minimum yards (feet)
| |||
|
Front
|
The frontyard setback as determined above plus
20 feet
|
100
| |
|
Rear
|
10
|
30
| |
|
Minimum distance between buildings (feet)
|
5
|
10
| |
|
Maximum building coverage (percent)
|
15%
|
15%
| |
|
Maximum lot coverage (percent)
|
40%
|
40%
| |
F.
Gross floor area. The minimum floor area in any residential
dwelling shall meet the requirements of health and safety codes. The
maximum floor area shall be limited by the building and lot coverage
requirements.
G.
Minimum off-street parking.
(1)
The minimum requirement shall be two spaces per dwelling
unit plus 1/2 space per bedroom over the first bedroom. Fractional
spaces shall be rounded up to the next whole number.
(2)
Only those parking spaces meeting the dimensions of
this chapter shall be counted in meeting the minimum number of parking
spaces.
(3)
All lots shall provide a turnaround area on site so
that all vehicles may exit in a forward direction.
(4)
Churches shall provide one space for every five permanent
seats (one seat equaling 22 inches for pews and benches).
I.
Fences. Fences shall be permitted subject to the following
limitations:
(1)
No fence may have any spot elevation that is greater
than six feet above the ground surface.
(2)
No fence may be of solid construction or have a solid
covering.
(3)
Any fence structure shall comply with all regulations
with any state and federal agencies regarding construction on the
bank of the Delaware River.
[Added 10-7-2003 by Ord. No. 12-10-2003]
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 a permitted use in all residential districts
of the Township, and the requirements therefor shall be the same as
for single-family dwelling units located within such districts.
[Added 12-17-2012 by Ord.
No. 17-16-2012]
A.
Purpose. The purpose of the Eastern Gateway Village Center Overlay
District is to establish a framework for planned development with
a diversity of uses that enables a transition from conventional strip
highway commercial zoning along the Route 12 corridor to a "center-based"
zoning approach. This zoning district includes an inclusionary affordable
housing development requirement on Block 15, Lot 8, within the Mixed
Use Core Subdistrict, and Block 21, Lot 1, within the Artisan and
Commercial Subdistrict at fixed densities and affordable housing set-asides
that may be stand-alone residential development or mixed-use development.
However, all mixed-use and nonresidential development on Block 15,
Lot 8, and Block 21, Lot 1, is permitted only in conjunction with
inclusionary affordable housing development at the minimum density
and affordable housing set-asides prescribed below.
[Amended 4-5-2018 by Ord.
No. 19-08-2018]
B.
ARTISAN LOFT BUILDINGS
CO-HOUSING UNITS
LIVE-WORK UNITS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Buildings with open floor plans in a loft style that are
adaptable to use by artisans, craftsmen, artist work spaces, studios,
etc., of various sizes and configurations and where support facilities
are shared by various commercial tenants or unit owners in a fashion
similar to a business "incubator" in order to keep costs affordable
for start-up enterprises.
 |
Dwelling units within one or more buildings with common facilities
such as a large kitchen and dining room where residents can take turns
cooking for each other. Other facilities may include a laundry, pool,
child-care facilities, offices, internet access, guest rooms, game
room, TV room, tool room or a gym. Through spatial design and shared
social and management activities, co-housing facilitates intergenerational
interaction among neighbors. There are also economic and environmental
benefits to sharing resources, space and items.
 |
Any dwelling unit that includes attached work space, whether
shared in common with other dwelling units as a "limited common element"
of a condominium or used exclusively by the occupant of the dwelling
unit. Such attached work space may include a kitchen and recreational
space to facilitate live-work activities, but shall not constitute
a separate dwelling unit.
 |
C.
Permitted uses.
(1)
Mixed Use Core Subdistrict.
[Amended 4-5-2018 by Ord.
No. 19-08-2018]
(a)
Block 15, Lot 8, Mixed Use Core AH Overlay.
[1]
Inclusionary residential development affordable housing in the form of townhouses or multifamily housing, such as garden apartments, in accordance with the density and set-aside standards identified at § 132-40E.1.
[2]
All other permitted uses in the Mixed Use Core Subdistrict below [§ 132-40C(1)(b) through (e)], only when developed with inclusionary residential development with affordable housing at the density and set-aside standards identified at § 132-40E.1.
(b)
All uses permitted in the Village Commercial (VC-1) Zone, except
that supermarkets are also permitted.
(c)
Multifamily units above ground-level retail (mixed use).
(d)
Townhomes, with or without co-housing units.
(e)
Multifamily residential buildings, with or without co-housing
units, on sites served by a centralized wastewater collection system.
(2)
Commercial and Artisan Subdistrict.
[Amended 4-5-2018 by Ord.
No. 19-08-2018]
(a)
(b)
All uses permitted in Business Park (BP) except for warehousing,
manufacturing and lumber yards.
(c)
Live-work dwelling units.
(d)
Artisan loft buildings.
(3)
D.
Permitted accessory uses. Accessory uses and structures are permitted
that are customarily incidental and subordinate to, and located on
the same lot as a principal permitted use.
E.
Development standards.
(1)
Nonresidential development shall conform to the following schedule
of regulations.
|
Table 1. Schedule of Height and Bulk
| |
|---|---|
|
Proposed EGVC Overlay
| |
|
Minimum lot area
|
1 acre;
3 acres: multiple buildings
|
|
Minimum lot frontage;
Property must front on Route 12 or Barbertown-Point Breeze Road
|
200 feet: single building
400 feet: multiple buildings
|
|
Minimum front setback
|
40 feet;
50 feet from Route 12
|
|
Minimum rear setback
|
30 feet; not less than adjacent residential requirement
|
|
Minimum side setback
|
20 feet
|
|
Minimum both sides
|
40 feet
|
|
Minimum accessory building setbacks
|
10 feet
|
|
Minimum floor area
|
7,500 square feet;
35,000 square feet; multiple buildings
|
|
Maximum lot coverage by buildings (%)
|
—
|
|
Maximum impervious coverage
|
60% Subject to the purchase of development credits for any development
beyond 45% impervious surface coverage of the project site where centralized
wastewater collection is provided
|
|
Maximum floor area ratio
|
0.3 < 3 acres;
0.25 > 3 acres
|
|
Maximum residential density
|
12 du/net acre*: Townhouse and mixed use with purchase of TDR
credits on sites connected to centralized wastewater collection service;
20 du/net acre: Multifamily with purchase of TDR credits on
sites connected to centralized wastewater collection service; total
residential yield may be increased by two residential units for every
deed-restricted affordable unit provided
|
|
Maximum structure height
|
3 stories and 35 feet;
4 stories and 48 feet with purchase of TDR credits on sites
connected to centralized wastewater collection service
|
|
*Net acre shall mean gross acreage minus streets, driveways
and land devoted exclusively to nonresidential uses on the same site.
|
(2)
Residential development shall conform to the following standards.
(a)
No multifamily residential structure shall contain neither fewer
than four nor more than 12 dwelling units, except that any building
containing deed-restricted affordable units may contain up to 24 dwelling
units.
(b)
A minimum of 10% of all dwelling units in any single project
must be set aside and deed restricted as affordable units for occupancy
by low- or moderate-income households.
(c)
Driveways for ingress and egress shall connect with other than
minor streets wherever possible and shall have a pavement width of
at least 40 feet except where they are within a parking area, in which
case they shall be not less than 25 feet in width. There shall be
not less than two exit-entrance roads to each garden apartment project.
All projects for which a major site plan approval is required must
demonstrate that cross-access easements to connect interior roads
and parking to adjacent previously developed sites are not feasible
when proposing a new driveway cut directly on Route 12.
(d)
Parking areas may be located in any yard other than the required
front yard, but not closer than 25 feet to any property line, and
shall comply with all other requirements of the parking regulations
applicable to all zones as provided in this chapter.
(e)
Courtyards bounded on three or more sides by the wings of the
same building or by the walls of separate buildings shall have a minimum
court width of two feet for each one foot of height of the tallest
building.
(f)
Every building shall have a minimum setback of 10 feet from
all interior roads, driveways and parking areas.
(g)
Every development shall be provided with garbage and refuse
storage and collection areas suitable for containerized collection,
screened from view by a solid fence on three sides and located away
from the fronts of buildings. Collection shall be the responsibility
of the owner.
(h)
In addition to any storage area within individual dwelling units,
200 cubic feet of storage area for each dwelling unit shall be provided
in a convenient, centrally located area in the building, where personal
belongings and effects may be stored under lock and separate from
the belongings and effects of other occupants.
(i)
Walls of a structure or parallel walls of adjacent structures
shall not continue in the same plane for a length of more than 75
feet without an offset of at least four feet.
(j)
Each development shall provide a recreation area or areas at
a standard of 1,000 square feet for each 12 dwelling units. Outdoor
recreation equipment shall be installed in each recreation area in
sufficient amount and variety to service the occupants of the development.
(k)
Laundry facilities may be located within structures for the
use and convenience of residents of the project. Such facilities shall
be appropriately controlled to preclude their use by nonresidents
of the project.
(l)
Multifamily development within any planned development shall
not contain less than sixty-percent one- or two-bedroom units nor
more than twenty-percent three-bedroom units nor more than twenty-percent
studio units. Every dwelling unit shall have a minimum gross area
in accordance with the following:
(m)
Entrances to residential buildings shall be clearly accentuated
by architectural features and provide direct access to plazas or courtyards
as opposed to parking areas.
(n)
Individual units shall be accessed through common internal lobbies
or vestibules.
(o)
A pedestrian circulation plan shall be submitted as part of
the site plan review process that demonstrates a safe and workable
pedestrian system throughout the site with direct pedestrian access
to Route 12.
(p)
Parking shall be no closer than 20 feet to a wall of a residential
building. The twenty-foot setback area shall contain a sidewalk and
be suitably landscaped.
(3)
Supplementary standards, nonresidential uses. In addition to the area and bulk requirements in Subsection E above, the following requirements shall also be applied:
(a)
There shall be no parking or outside display or storage of materials
or merchandise in a required front yard area.
(b)
When a written agreement is provided by adjoining property owners,
no side yard is required between properties of separate ownership
where two or more commercial uses abut side to side. A series of abutting
structures paralleling a public right-of-way shall provide an unobstructed
passage of at least 30 feet in width at intervals of not more than
200 feet.
(c)
More than one principal structure is permitted on lots of three
acres or more with a minimum frontage on Route 12 of 400 feet; and
where access to Route 12 is controlled by a signalized intersection.
The minimum distance between freestanding principal buildings on the
same site is 40 feet.
(d)
As viewed from the street, buildings shall have at least 50%
of the front facade located as close to the street line as is allowed
in the schedule of area requirements.
(e)
A required rear yard that is adjacent to a residential zone
shall be no less than the rear yard requirements in the adjacent residential
zone.
(f)
Landscaped areas and sidewalks shall be provided along the highway edge in accordance with Subsection F(1)(h).
(g)
Whenever feasible, mass transit opportunities shall be enhanced
through the incorporation of design features that accommodate bus
and shuttle service such as shelters, street furniture, and pull-off
lanes within reasonable proximity to major uses and destinations.
(4)
Supplementary parking requirements. In addition to the requirements in § 132-53, the following standards shall also be applied in the EGVC Overlay Zone:
(a)
Off-street parking spaces shall be provided on the same lot
as the use which they are intended to serve or on an adjacent lot
in common ownership.
(b)
Shared parking arrangements among adjacent properties not under
common ownership may be permitted if the owners demonstrate to the
satisfaction of the Planning Board that the supply of parking spaces
will be adequate to service the aggregate demand of the uses sharing
the parking based on such factors as alternating peak hours; and that
the shared arrangement will allow a reduction in impervious coverage
of the site below the maximum permitted in the zone and will provide
a more efficient circulation pattern including a reduction in curb
cuts and access points on Route 12.
(c)
No parking space shall be closer than 10 feet to any building
to allow for pedestrian circulation to and between stores.
(d)
In no case shall the number of parking spaces exceed the minimum
requirements by more than 5%.
E.1.
Supplemental development standards for Block 15,
Lot 8, Mixed Use Core AH Overlay, and Block 21, Lot 1, Artisan and
Commercial AH Overlay.
[Added 4-5-2018 by Ord.
No. 19-08-2018]
(1)
The required minimum residential densities and affordable housing
set-asides within Block 15, Lot 8, Mixed Use Core AH Overlay, and
Block 21, Lot 1, Artisan and Commercial AH Overlay, shall be as follows:
(a)
Townhouse development: 12 dwelling units per acre with an affordable
housing set-aside of 20%; and/or
(b)
Multifamily housing, such as garden apartments: 16 dwelling
units per acre with an affordable housing set-aside of 15%.
(c)
Townhouse and multifamily, at the prescribed densities and set-asides
identified above, may be mixed on a single parcel of land.
(2)
Minimum lot size: 10 acres.
(3)
Public water and sewer service: The developer shall provide
public water and sewer service (or alternative wastewater treatment
facilities).
(4)
No nonresidential development shall be permitted within Block 15, Lot 8, Mixed Use Core AH Overlay, and Block 21, Lot 1, Artisan and Commercial AH Overlay, unless developed with residential development at the prescribed densities and affordable housing set-asides identified in § 132-40E.1(1)(a), (b) and (c) above.
(6)
Affordable housing development within Block 15, Lot 8, Mixed Use Core AH Overlay, and Block 21, Lot 1, Artisan and Commercial AH Overlay, shall comply with the standards and requirements for inclusionary zoning set forth in Chapter 83, Article II, Third-Round Affordable Housing Regulations, and the applicable provisions of N.J.A.C. 5:93-1 et seq., as amended and supplemented, N.J.A.C. 5:80-26.1 et seq., as amended and supplemented, and the New Jersey Fair Housing Act of 1985.
(7)
Whenever nonresidential or mixed-use development is included
in an inclusionary affordable housing development, the applicant shall
provide a development phasing plan to ensure that the required affordable
housing receives certificates of occupancy prior to the receipt of
a certificate of occupancy for any nonresidential or mixed-use development
included in the development. The Planning Board shall condition approval
upon the development and occupancy of affordable housing prior to
occupancy of nonresidential or mixed-use development.
F.
Planned unit development (PUD) standards. Planned unit developments
in the EGVC Overlay Zone shall be developed in accordance with the
following standards:
(1)
Design Standards for PUD. The following design standards will be applied to all development in a PUD within the EGVC Overlay Zone. Any elements not covered by these standards will be subject to other appropriate provisions of the Kingwood Township Zoning Ordinance. In order to ensure conformance with this section, all development applications submitted under this section, inclusive of architectural renderings to demonstrate compliance with Subsection F(1)(a)[9] below, will require review by the Township's appointed traffic engineer, architect, landscape architect and LEED Accredited Professional (LEED AP), in addition to the Board's professionals, at the applicant's expense.
(a)
General.
[1]
Number of principal structures. More than one principal structure
is permitted in the PUD as part of a comprehensive development plan.
[2]
Minimum tract size: 10 acres.
[3]
Clustering on noncontiguous parcels. Open space required under Subsection F(1)(d)[2] of this section may be met through preservation or restoration of open space on a parcel that is noncontiguous with the parcel being developed, but located within the same PUD in the EGBVC District.
[4]
Subdivisions. Individual lots may be subdivided within a PUD
tract to satisfy certain financing, ownership or management requirements,
provided that the PUD continues to function as one comprehensive unit
including cross-access and maintenance agreements.
[5]
Solar orientation. Street networks for new PUDs shall be laid
out in accordance with the following standards:
 |
[a]
Block orientation. Design street network so that
75% or more of the blocks have one axis within plus or minus 15°
of geographical east-west and that the east-west length of those blocks
are at least as long as the north-south lengths of the blocks. (See
LEED for Neighborhood Development [(LEED-ND) Green Building and Infrastructure
Credit 10 (GIB c10) Option 1.]
[b]
Building orientation. Design and orient 75% or
more of the total building square footage (excluding existing buildings)
such that one axis of each building proposed as part of the PUD is
at least 1.5 times longer than the other, and the longer axis is within
15° of geographical east-west, excluding garages, arcades or porches.
The surface area of south-facing vertical surfaces and slopes of roofs
of buildings counted within the building square footage above must
not be more than twenty-five-percent shaded at the time of initial
occupancy, measured at noon on the winter solstice.
|
Figure 2: Source - LEED 2009 for Neighborhood Development
Rating System, GIBc10 Option 2
 |
[6]
Block dimensions (connectivity). Blocks shall be designed so
that internal streets within a PUD intersect with another street,
alley or nonmotorized right-of-way (e.g., bicycle or multipurpose
path) within a distance not exceeding 400 feet and that a minimum
intersection density of 300 intersections per square mile is achieved
within the Mixed Use Core and Professional Office-Residential Subdistricts
of the PUD. [See-LEED-ND Neighborhood Pattern & Design Credit
6, (NPDc6) "Street Network".]
[7]
Setbacks. All principal and accessory structures in the PUD
will conform to the setbacks listed in Table 2.[1] No parking or loading facilities are permitted in these
setback areas. All setback areas are to be suitably landscaped consistent
with the project's overall landscaping and open space plan. That portion
of any required setback that is located along Route 12 shall be subject
to the requirements of Section H.
[1]
Editor's Note: Table 2 follows Subsection F(1)(a)[9].
[8]
LEED certification. At least one building within a PUD must
be designed to earn enough points to be eligible for certification
within the LEED NC (Leadership in Energy and Environmental Design
for New Construction and Substantial Renovation) or LEED EB (LEED
for Existing Buildings) rating systems of the USGBC (United States
Green Building Council).
[9]
Architectural design guidelines. The architectural design intent
for the Eastern Gateway Village Center is that the visual appeal as
it builds out is one of gradual organic "eclectic" development over
several generations rather than adopting one architectural style for
the entire PUD or subarea. Using the historic hamlet of Baptistown
as a point of reference, the architectural styles of residential and
commercial buildings from the 18th Century ("Early Colonial" - Baptistown
was founded in 1720); mid 19th Century (pre-"Victorian" and "Victorian"
styles — The "Early Colonial" Old Stone Church, shown below
right was built in Baptistown in 1837); and early 20th Century ("Folk
Victorian" and "Colonial Revival" - Figure 4), shall be incorporated
into all PUDs.
 Figure 3: Examples of Early Colonial style architecture
|
 Figure 4: Upper left - Pre-Victorian mixed-use building;
Upper center and right - Victorian residential buildings; Lower -
Colonial Revival residential and mixed-use
|
|
Table 2
Required Setbacks for all Buildings
Planned Unit Development (PUD) in EGVC
| |
|---|---|
|
Minimum setback from:
| |
|
Adjoining residential property lines outside of the PUD
|
300 feet (commercial buildings); 100 feet (residential and mixed
use buildings)
|
|
Adjoining commercial property lines outside of the PUD
|
20 feet
|
|
Route 12
|
50 feet
|
[10]
Building setbacks. Building setbacks shall comply
with Table 2 above. Where there are no specific yard requirements,
all structures will be arranged to provide adequate light and air,
a safe and efficient pedestrian and vehicular circulation system,
the maximum amount of open space, appropriate access for the maintenance
of all structures, and a visually pleasing environment. The final
layout of all structures in the PUD will be subject to the approval
of the Township Planning Board during the site plan review process.
[11]
Building separation. The minimum yard requirements
of the schedule apply to the entire tract, and no buildings shall
be located within such yard areas. The minimum distance between buildings
shall be 25 feet, except that no wall containing an entrance to a
dwelling unit shall be closer than 50 feet to another wall of another
structure or accessory building, measured perpendicular to the wall
containing the entrance.
[12]
Building height.
[a]
The maximum height of all buildings in the PUD
is three stories and 35 feet, except that buildings may be increased
to four stories and 48 feet in height through the purchase of TDR
Credits, should a TDR Program be instituted by the Township via the
adoption of a Development Transfer Ordinance approved by the State
Agricultural Development Council (SADC). The Planning Board may allow
exceptions to the height limitations for architectural features (such
as the corner treatments illustrated below), ornamentation and rooftop
mechanical equipment during the site plan review process if it can
be demonstrated that the exception will contribute to the architectural
theme of the development or is necessary for the safe and efficient
operation of the building; and will not create a visual detriment
to surrounding properties. All rooftop mechanical equipment must be
screened from view.
[b]
The proportion and distribution of building heights
may be varied by the Planning Board upon presentation of more detailed
architectural plans for the various sections of the PUD that evidences
a preferable design alternative such as articulating corners as illustrated
below. An overall ratio of one foot of building height per three feet
of street width on both sides of a street (or 1.5 feet of distance
between building and street centerline on one side of a street) shall
be maintained for 15% of all new building frontage. (See Figure 5.)
|
Figure 5: The ratio of building height to street width
is the average taken along a block front. In the illustration below
the average ratio is greater than 1:1.5 for one side of the block.
 |
[13]
Land coverage. Total impervious coverage within a PUD should be kept to a minimum but in no case shall it exceed 45% of the total tract. The impervious surface coverage may be increased beyond 45% in one or more sections of the PUD, identified in the Comprehensive Development Plan, with the purchase of development credits subject to the establishment of a Kingwood Township Transfer of Development Rights Program and adoption of a Development Transfer Ordinance. The amount of additional impervious surface coverage permitted beyond 45% for such sections of the PUD shall be the minimum required for the buildings and associated parking for that section based upon the total number of development credits used in that section. The developer must show compliance with all applicable wetland, stream encroachment and stormwater requirements and the requisite purchase of development credits or recorded easements documenting the transfer of development credits to the project site. Noncontiguous clustering may be used to meet these requirements pursuant to Subsection F(1)(a)[3].
[14]
Maximum residential units. The maximum density
per net acre of lot area minus street and driveway area shall comply
with Table 1[2] herein. No multifamily residential or mixed-use structure
shall contain neither fewer than four nor more than 12 dwelling units,
except that any building containing deed-restricted affordable units
may contain up to 24 dwelling units.
[15]
Commercial floor area. Total commercial space
in the PUD shall not exceed the lesser of 200,000 square feet or 80%
of the gross floor area, excluding any structured parking. No single
store shall exceed 80,000 square feet of gross floor area.
(b)
Residential.
[1]
Residential buildings will be designed to provide architectural
interest and residential character and avoid a monolithic box-like
appearance. Pitched roofs are required and architectural embellishments
such as dormers are encouraged. Windows should be provided in all
building facades to avoid monotonous blank walls. The front of each
building will be oriented toward a street or courtyard. Accessory
buildings will be designed to complement the principal structures.
[2]
Townhome blocks may vary from a minimum of three to a maximum
of eight units. Front wall setbacks should vary to provide visual
interest.
[3]
Active and passive recreational areas and other public and/or semipublic open space, such as courtyards, plazas, and pedestrian walkways shall be designed and located to promote their use and enjoyment by residents of the development pursuant to Subsection F(1)(d). All landscape plantings within these areas shall utilize deer-resistant plant species.
[4]
All townhouse units will be arranged to face a public street.
Roofs should be either gable or hip; dormers are encouraged. Flat
roofs are not permitted.
|
Table 3
Townhouse Bulk Standards
| |
|---|---|
|
Minimum lot depth
|
100 feet
|
|
Minimum lot width
|
20 feet; 30 feet on corner lots
|
|
Minimum lot area
|
2,000 square feet
|
|
Minimum front yard
|
15 to 17 feet
|
|
Minimum rear yard
|
45 feet
|
|
Minimum side yard
|
0 interior; 5 feet on corners
|
|
Maximum building height
|
3 stories or 35 feet
|
|
Maximum townhouse lot coverage by impervious surfaces
|
45% (60% with purchase of TDR credits)
|
[5]
Each townhouse will have a covered front porch defining the
entry, which may be located within the required front yard. The entry
porch should be at least four feet deep and about five feet wide.
The porch roof must complement the roof style of the main structure.
[6]
Each townhouse will have a detached single-car garage at the
rear of the property. Garages will be accessed from a rear alley and
be set back four feet from the alley. Under no circumstances are driveways,
curb cuts or parking spaces permitted in the front yard. Garages are
to be designed to complement the scale and style of the residential
unit including elements such as siding, roof, windows and color.
[7]
The townhouse development will include a rear alley, which shall
be set aside as a right-of-way, but remain a common element and maintained
by the private ownership entity responsible for common elements. The
alley will provide access to the garages and additional parking as
well as for deliveries and garbage pickup. The alley and parking areas
are to be restricted to townhouse residents and guests. The alley
and parking areas are to be designed to discourage through traffic,
accommodate safe pedestrian circulation and to minimize paved areas.
All portions of the area not absolutely required for the alley or
parking shall be landscaped.
[8]
The residential parking area must be separated from the adjoining
commercial properties by a landscaped buffer area at least 10 feet
wide.
[9]
Front yard fences and fences at corners will be no higher than
three feet and be of an open-type design such as vertical rails or
pickets. Front porch railings and front yard fences should be of complementary
materials and design details and painted to be compatible with the
house. Fences separating properties will be no higher than five feet
and may be solid in design. Fences along the alley cartway shall be
no taller than three feet high if solid or five feet if open to maintain
a pleasant pedestrian environment along the alley. Chain-link fences
are prohibited in all cases. Hedges are to be maintained at the same
height as fences.
(c)
Commercial.
[1]
Stand-alone retail buildings shall be designed so that front
facades have architectural breaks resembling individual storefronts.
Building heights will range from one to two stories. Street level
facades must contain storefront windows covering at least 50% of the
surface area.
[2]
All buildings are required to have entrances accessed directly
from a sidewalk or plaza. Upper floors are to be provided with separate
exterior entrances unless a large common lobby or atrium is provided.
Sidewalks should extend from the building facade to the curb (with
appropriate accommodations for street trees) for the purpose of facilitating
pedestrian movement and creating opportunities for outdoor eating
and shopping areas, and street furniture.
[3]
First floor facades in commercial buildings shall have large,
clear storefront glass areas (50% to 70%) to display the nature of
the business and produce an interesting streetscape. Storefront windows
may be either typical large, single pane or multiple smaller panes
separated by mullions. All facades shall provide an appropriately
sized glass area coupled with interesting architectural details to
avoid long blank walls, which are discouraged.
[4]
In a multi-tenant building, each shop will have its own shop
front. The shop fronts may either have identical designs to reinforce
the building design or varied designs to express the different businesses.
A shop front shall be separated from the roofline or a second floor
by a horizontal architectural element such as a sash, cornice, frieze,
molding, etc.
[5]
Buildings may have awnings or canopies, where appropriate, to
complement the architectural style of a building. The design of awnings
and canopies will be architecturally compatible with the style, materials,
colors and details of such buildings and should not conceal significant
architectural features, such as cornices, columns, pilasters or other
trim details. Internally illuminated or backlit awnings and canopies
are prohibited.
[6]
All ground-level awnings and canopies shall comply with the
following standards:
[a]
The maximum height from ground level to uppermost
portion of an awning or canopy will not exceed the height of the sill
or bottom of any second story window or 15 feet whichever is less.
In the case of single-story buildings, the maximum height will not
exceed 12 feet or the top of the wall whichever is less.
[b]
The minimum height from ground level to lowermost
portion of awning or canopy will be eight feet.
[c]
The maximum horizontal projection dimension of
an awning from the building wall, including any appurtenances, will
not exceed six feet from the building face. Awnings may project over
a public sidewalk but will not be closer than two feet of the vertical
plane of the curb edge or the edge of any other public right-of-way.
[d]
The maximum total vertical dimension of an awning
will not exceed the total horizontal projection dimension.
[e]
An awning's surfacing material will be constructed
of canvas, cloth or vinyl.
[f]
No awning will contain more than two colors plus
white. The color of any sign, messages or other graphic features will
be included in the number of colors. The colors must be compatible
with the architectural color scheme of the entire building.
[g]
On buildings with multiple storefronts, compatible
awning and canopy frame styles will be used as a means of unifying
the structure.
[h]
A business at street level may include identification
signage on a canopy or awning subject to the following restrictions:
[i]
The sign will only be located on the front portion
of the awning commonly known as the "valance." If a valance is not
provided, the sign graphics will be restricted to the lowest 14 inches
of the awning parallel to the building wall face.
[ii]
An awning sign will be professionally sewn or
painted.
[iii]
The maximum height of letters, individual numbers
or other characters or images on the awning will not exceed 12 inches.
[iv]
No single awning will contain sign messages for
more than two business establishments.
(d)
Public plazas and green space.
[1]
Any portion of the PUD that is not absolutely required for buildings
or parking shall be devoted to public plazas and green space, and
90% of the building frontages with public entrances shall front on
streets (not parking lots) or plaza/green spaces with such plazas/green
spaces being at least 50 feet in width perpendicular to the building
entrances (per LEED-ND NPD Prerequisite 1). These areas shall be designed
to provide:
[a]
Amenities to the residents of the PUD (which may
include low-intensity open-air recreation activities);
[b]
A lively human-scale street environment for shoppers;
[c]
Protection for environmentally sensitive features;
[d]
Mitigation of "heat island" effects (shading of
fifty-percent paved areas or use of highly reflective materials per
LEED-NC rating system);
[e]
A workable pedestrian and bicycle circulation system;
[f]
Appropriate visual and noise buffers; and
[g]
A soft transition between the PUD and neighboring
residential uses.
[2]
To ensure that the overall plan for the PUD promotes and encourages
a suitable environment devoted to civic spaces and open space, not
less than 30% of the entire PUD shall be either preserved or restored
open space, of which not less than 10% shall be designed as usable
small public parks or plazas situated in accordance with an approved
concept plan. To that end, landscaped areas such as parking islands,
roadway medians, and planting strips shall not be counted towards
the open space requirement. However, stormwater management features,
such as retention ponds, stormwater detention areas, rain gardens
(bio-retention basins) and the equivalent that are designed to create
or supplement landscaped buffers, open space areas or wildlife habitat
and are reasonably accessible to the public may be counted toward
the minimum open space requirements. Rain gardens of 2,500 square
feet or greater that are incorporated into parking lots as a component
of stormwater management and which are designed into the pedestrian
circulation system with a sitting area adjacent to the rain garden/bio-retention
basin and accessible from the walkway may be included in the open
space counted towards the twenty-five-percent requirement.
 Figure 6: Concept design for rain garden eligible for
inclusion in required open space
|
(e)
Additional sustainable design requirements.
[1]
Appropriate design features will be incorporated to accommodate
potential bus or shuttle service at appropriate locations within each
planned development. Features may include such elements as shelters,
street furniture, information kiosks and pull-off lanes located within
reasonable proximity to major uses, not to exceed 1,250 feet walking
distance. For purposes of establishing a consistent design vocabulary
for the EGVC, all new bus shelters and kiosks should be equivalent
in design and appearance as is shown below:
 Figure 7: Bus Shelter (Duo-gardTM)
|
 Figure 8: Kiosk (Maglin MLK103 with accessory roof)
|
[2]
Public rights-of-way will be designed to meet all local, state
and federal standards. Final determination as to the acceptance of
streets within the planned development by the Township as public streets
shall be made by the Township Committee. All pedestrian crossings
will utilize materials and colors to readily distinguish vehicular
from pedestrian travel ways. All streets, public or private, fronted
by buildings with primary access points should be planted with street
trees at an average spacing of 30 to 40 feet consistent with the project's
overall landscaping and open space plan. All landscape plantings shall
utilize deer-resistant plant species. Light foliaged trees (Ginkgo,
honey locust, ash, etc) are encouraged in front of commercial uses
to increase visibility of signage.
[3]
All rooftop mechanical equipment and other appurtenances visible
from six feet above grade within 100 feet of the building shall be
concealed by or integrated within the roof form and screened from
the view of all adjoining properties and building floors or nearby
streets. The following, when above the roofline, requires screening:
stairwells, elevator shafts, air-conditioning units, large vents,
heat pumps, and mechanical equipment.
[4]
All wall-mounted mechanical, electrical, communication, and
service equipment, including satellite dishes and vent pipes, shall
be screened from public view by parapets, walls, fences, architectural
grills, landscaping, or other approved measures.
[5]
Solid security gates or solid roll-down metal windows shall
not be permitted. Link or grill-type security devices shall be permitted
only if installed from the inside, within the window or door frame.
Security grills shall be recessed or concealed during normal business
hours.
[6]
Front yard fences shall be permitted at a height not to exceed
three feet and shall be less than sixty-percent solid.
[7]
The developer will prepare a landscaping and open space plan
for review by the Planning Board. The plan will be prepared by a licensed
landscape architect and specifically address and demonstrate how each
of the above objectives is achieved. These performance standards take
the place of any landscaping or buffer requirements currently in the
Kingwood ordinances.
(f)
Parking, loading and bicycle storage facilities.
[1]
Parking for residential uses will be provided in conformance
with the New Jersey Residential Site Improvement Standards.
[2]
At least 50% of the total proposed parking for a PUD shall be
provided through the use of parking structures in order to conserve
land, reduce heat island effects, reduce stormwater runoff and reduce
walking distances. However, the use of surface parking may be substituted
for structured parking for all or a portion of this requirement subject
to the submission of an economic feasibility analysis documenting
that the cost of structured parking is prohibitive. When structured
parking is economically feasible and is incorporated into the design
of a PUD, it must be architecturally integrated into the principal
commercial buildings or lined with commercial or residential structures.
Structured parking shall be designed to provide architectural interest
and soften the appearance of large concrete facades. Upper floors
must be screened with landscaping, walls, architectural elements or
other decorative features.
 Figure 9: Example of architecturally integrated parking
structure
|
[3]
Whenever possible, surface parking should be located to the
side or rear of the building. Parking areas are prohibited between
the street right-of-way and the front facade of a building, provided
that a regional retail use (department store, supermarket, wholesale
club, warehouse retail) may have parking located adjacent to the main
public entrance and exit, provided that such parking is designed so
as not to discourage pedestrian access to the use from other areas
of the PCD.
[4]
Where individual garages are provided for townhouse units, they
will be accessed from the rear of the unit. Front-loaded garages are
prohibited to prevent cars from being the dominant feature of the
development and from interrupting the pedestrianway. Where common
garages are provided for either townhouses or multifamily buildings,
they will be located and designed to be minimally visible from the
street. Guest parking for townhouse and multifamily buildings may
be provided on street and in parking areas for nonresidential uses
that are not active in the evenings or on weekends.
[5]
Surface lots shall be extensively landscaped or designed with
a combination of interior and perimeter landscape treatments that
mitigate against the adverse visual impact, heat island effect and
the generation of stormwater runoff. Tree islands are recommended
at the ends of each aisle and interspersed within aisles to provide
visual relief from long expanses of parking and to guide circulation.
All commercial parking areas shall be broken up into sections separated
by landscaped islands wide enough to incorporate a pedestrian walkway
flanked by five-foot minimum planting strips to support medium-sized
shade trees or ornamental trees. The pedestrian walkways shall be
designed into the overall pedestrian and bicycle circulation system
within the Town Center.
[6]
To connect parking lots to destination points, internal pedestrian
pathways will be included to protect pedestrians from vehicles and
to connect the parking lot to adjoining streets and commercial and
residential properties. Pathways will contain consistent design and
landscaping elements, which relate to the overall design of the project.
The materials and colors used for the pedestrian paths will distinguish
vehicular travel ways from pathways designed for pedestrian use.
[7]
Loading and service areas will be designed, located and arranged
to be of appropriate size for the intended use; so as not to interfere
with vehicular or pedestrian circulation; and to be screened from
public view.
[8]
Service and loading areas must be located to the side or rear
of buildings unless a more appropriate location is approved by the
Planning Board. Loading docks shall not be located along primary street
frontages. Screening and landscaping shall be provided to minimize
direct views of the loading areas and their driveways from adjacent
properties or from the public right-of-way. Screening and buffering
shall be achieved through walls, fences, and landscaping. Screening
shall be a minimum of six feet high and shall be visually impervious.
Recesses in the building, or depressed access ramps, may be used.
[9]
Shared refuse storage facilities shall be utilized where available
and practical. The storage of refuse shall be provided inside building(s)
or within an outdoor area in the rear of the property, screened around
the perimeter by a roofed wood enclosure; or by brick walls with a
minimum height of seven feet with a gate or door. Such a wall shall
be capped on the top.
[10]
No delivery, loading, trash removal or compaction,
or other such operations shall be permitted in areas of the site located
within 500 feet of an off-tract residential use between the hours
of 9:00 p.m. and 6:00 a.m. unless the applicant submits evidence that
sound barriers between all areas for such operations effectively reduce
noise emissions to a level compliant with Township noise ordinances,
as measured at the lot line of any adjoining property.
[11]
Provide at least one secured, enclosed bicycle
storage space for 30% of planned residential occupancy of multifamily
residential units (excluding townhouses with garages), but not less
than one space per multifamily residential unit.
[12]
Bike racks shall be provided at a rate of one
multi-loop bike rack per every 20 parking spaces for nonresidential
uses within the PCD, but not less than the greater of one bicycle
space per business or four bicycle spaces per project site for retail
or four bicycle spaces per building for nonretail, nonresidential
uses.
[13]
Provide at least one secured enclosed bicycle
storage space per worker for 10% of the worker-planned occupancy for
nonresidential uses with a changing room and shower for 100 or more
workers of planned occupancy and an additional changing room and shower
for each additional 150 workers of planned occupancy thereafter.
(g)
Pedestrian crossings.
[1]
Safe provisions for pedestrian access to and through a parking
lot shall be required, including striping, enhanced pavement markings,
traffic calming features and sufficient lighting in accordance with
Township standards.
[2]
All pedestrian crossings will utilize materials and colors to readily distinguish vehicular from pedestrian travel ways. In keeping with the Master Plan policies for the Route 12 corridor, the highway edge will focus on landscaping and quality architecture as opposed to parking lots and blank walls. Appropriate landscaped areas should be provided along the highway edge that include provisions for walkways, bike paths, plantings, and shade trees in accordance with Subsection F(1)(h).
(h)
Route 12 corridor landscape requirements.
[1]
In addition to the applicable requirements of this section,
the following standards shall apply to all properties fronting on
NJ Route 12. They shall apply specifically to the area within 50 feet
of the highway right-of-way line. All subdivision and site plan applications
involving such properties shall provide a landscaping plan that demonstrates
compliance with these standards. If unique site-specific circumstances
such as wetlands, existing vegetation, or unusual lot configuration
preclude the installation of any of the prescribed landscaping elements,
the applicant shall provide an alternative plan that incorporates
as many elements as is feasible. In all cases, however, the sidewalk
element must be provided.
[2]
General corridor plan. Diagrams 1, 2 and 3 depict the overall
design concept to be achieved along the corridor.
[3]
Planting details (general). Plant selection should conform to
the following general design principles:
[a]
All landscape plants shall be typical full specimens
conforming to the American Association of Nurserymen Standards (ANA)
for quality and installation.
[b]
All plant selections shall emphasize deer-resistant
species.
[c]
Local soil conditions and water availability shall
be considered in the plant selection. All plants shall be tolerant
of specific site conditions. The use of indigenous species may be
appropriate.
[d]
Landscaping shall not inhibit access by emergency
vehicles or inhibit visibility within required vehicular sight triangles.
[e]
Irrigation systems are to be provided for all new
plantings.
[f]
An appropriate variety of tree species shall be
provided to avoid die-out due to species-specific diseases.
[i]
Street tree details. In addition to the requirements
found in any other applicable ordinance section, street trees shall
be provided in accordance with the following:
[iii]
The number of street trees shall average one
for every 35 linear feet of property frontage.
[iv]
Spacing between trees shall be determined based
upon species selection. In general, trees should be between 30 and
50 feet on center.
[v]
Trees should be a minimum of 3 1/2 to four
inches caliper, based on ANA standards.
[vi]
Trees are to be disease resistant and tolerant
of road salts and air pollution.
[vii]
On properties with more than one tree species,
species shall not be alternated one-by-one; instead, a single species
shall be grouped together to create a canopy effect.
[viii]
Branching height shall bear a relationship to
the size and species of tree but shall have a minimum clearance height
of seven feet above grade before branching begins.
[ix]
Buffer details. A landscaped buffer shall be provided
in the last 10 feet of the setback area in accordance with the following:
[x]
A shrub mass of deciduous and/or evergreen species
shall be planted within the required buffer area to provide for a
visual and physical screen along the entire frontage. Shrubs within
the buffer shall primarily include evergreen species, although deciduous
plants may be used provided that their use does not result in significant
visual openings during the winter season. This landscape mass shall
be interspersed with the required ornamental and evergreen trees to
provide for a natural, random and visually interesting plant scheme.
The purpose of the buffer plantings is to define the corridor visually
as a pedestrianway by providing scale and to lessen the impact of
a harsh edge due to development.
[xii]
Selection of plants species shall provide for
a variety and mixture of landscaping. Varieties shall consider susceptibility
to disease, shapes, seasonal display, textures, flowers, and foliage.
[xiii]
The plant quantities constituting the buffer
shall include:
[xiv]
Shrubs averaging 25 per 100 linear feet of frontage.
[xv]
Required plantings in the buffer area shall meet
the minimum size requirements as follows:
[4]
Grass berm details. Grass berms shall be provided in accordance
with the following:
[b]
Berms are to be both vertically and horizontally
meandering to achieve a naturalistic landscape by de-emphasizing the
linearity of the Route 12 corridor. Requirements for berm design are
noted in Diagrams 1 and 2. Berms are not to be continuous for the
entire length of the frontage but shall allow for breaks as indicated
in Diagram 1. Berms are not to be terminated abruptly at the ends
of the lot lines but are to transition to existing grade in a naturalistic
fashion.
[c]
Berm design shall not adversely affect natural
drainage.
[5]
Sidewalk details. A continuous sidewalk shall be provided in
accordance with the following:
[6]
Driveway crossing details. The following elements and standards
apply to all driveway crossings. Driveway crossing treatment is necessary
to warn both pedestrians and motorists of each other's presence. Certain
elements contained herein will provide visual cues to motorists that
pedestrian crossing zones are nearby. The arrangement of the design
elements is depicted in Diagram 3. Additional elements and standards
specific to the driveway crossings are set forth below.
[a]
Painted crosswalks shall be in provided in accordance
with the following:
[i]
Location and placement of painted crosswalks shall
conform to Diagram 3.
[ii]
Standard Township construction details for such
striping shall be utilized and shall be approved by the Township Engineer.
In the event that the Township has not adopted such standards, then
generally accepted engineering standards, as set forth in engineering
and construction manuals shall be used as approved by the Township
Engineer.
[iii]
Painted crosswalks shall be skid-resistant.
[b]
Handicapped ramps shall be provided in accordance
with the following:
[i]
Location and placement of handicapped ramps shall
conform to Diagram 3.
[ii]
All sidewalks shall taper down to meet grade at
the intersection with a driveway. Ramps shall be provided in these
areas to allow for full accessibility as per Americans with Disabilities
Act (ADA) guidelines. Standard Township construction details for such
ramps shall be utilized and approved by the Township Engineer. In
the event that the Township has not adopted such standards, then generally
accepted engineering standards, as set forth in engineering and construction
manuals shall be used as approved by the Township Engineer.
[c]
A raised median shall be provided if the driveway
opening into the developed property exceeds two lanes and shall conform
to the following:
[i]
The median shall be placed at the center line of
all new driveways extending from the intersection with the Route 12
right-of-way to the fifty-foot minimum setback line required for parking
and/or interior drives into new developments.
[ii]
The median shall be a four-foot wide brick paver
island edged by a six-inch vertical granite block curb.
[iii]
Brick shall be a four-inch-by-eight-inch rectangular
shape and placed in a herringbone pattern. Brick color shall be a
red/charcoal blend. A suitable alternative material, pattern and color
may be substituted if approved by the Planning Board and Township
Engineer, although some consistency should be maintained throughout
the corridor.
[d]
Bollards shall be provided wherever the Planning
Board determines that the expected volume of traffic accessing the
site necessitates additional pedestrian safety features. The bollards
shall be located where a sidewalk engages a driveway in accordance
with Diagram 3. Bollards shall conform to the following:
[i]
Lighted bollards shall be located and placed to
warn both pedestrians and motorists of each other's presence at the
crosswalks. Lighted bollards will provide visual cues to motorists.
[ii]
Lighted bollards shall be a minimum 36 inches
in height with a one-hundred-watt metal halide or high-pressure sodium
lamp. Bollards should provide a minimum maintained illumination level
of 0.5 footcandle in the crosswalk area.
[7]
Flower pocket details. The installation of flower pockets is
optional. If they are installed, they shall be provided in accordance
with the following:
[a]
Location and placement of flower pockets shall
conform to Diagrams 1, 2 and 3.
[b]
A minimum of 200 square feet of wildflowers and/or
perennials constitutes one pocket. One pocket shall be provided per
100 linear feet of frontage with additional pockets provided at driveway
crossings.
[c]
Wildflowers, if used, are to be hardy and native
regional mixtures. Mixture selection shall provide for a blend of
species in approximate equal amounts. Mixtures shall include a variety
of colors. The selection of mixtures should consider the existing
soil conditions. The specific blend is subject to the approval of
the Township Engineer or landscape architect. Wildflower pockets shall
be mowed once a year. Mowing shall occur in the late fall while the
wildflowers are dormant. Perennials shall be hardy and include either
a mix of colors or single stands of one color. Perennials shall be
approved by the Township Engineer or landscape architect.
 Corridor Plan
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 Section Within Corridor
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Diagram 3
 Driveway Crossings
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G.
Nonconforming uses. Where an existing use conforming to BP - Business
Park zoning on the effective date of this ordinance has been made
nonconforming as a result of Ordinance Amendment No. 17-16-2012, the
use may continue in accordance with the use and bulk zoning provisions
in effect immediately prior to the effective date of Ordinance Amendment
No. 17-16-2012.
[Added 12-17-2012 by Ord.
No. 17-15-2012; amended 12-7-2017 by Ord. No. 19-14-2017]
A.
Purpose. The purpose of the Scenic Corridor Overlay Zone is to revise
the zoning to be more in conformance with the development opportunities
that realistically exist in the subject area, to preserve the rural
character and rare scenic beauty in and along the subject zone and
to promote design compatibility for the development, redevelopment,
and changes in land use along the Route 12 corridor in Kingwood Township
by employing design standards intended to preserve existing viewsheds,
especially the open vistas in the section of the corridor west of
Baptistown, and to avoid the perpetuation of strip highway commercial
sprawl development along the corridor. The planning objective of this
section is to replace a zone plan that currently allows linear highway
commercial development as close to the highway as possible and which
has not resulted in significant development of the zone within the
last 30 years or more with a zone plan that allows the zone to provide
realistic opportunities for development while preserving the corridor's
existing scenic beauty and rural character.
B.
The Scenic Corridor Overlay Zone is intended for properties that
front the Route 12 corridor as shown on the Township's Zoning Map.
Any lot or parcel of land located at least partially within the Overlay
Zone shall follow the requirements of this section for that portion
of the lot or parcel.
C.
Applicability. These standards and guidelines shall be applicable
to any new development of any property within the Scenic Corridor
Overlay Zone. The standards shall be applied to the use of any property
within the Overlay Zone that is not already developed or any property
that is being expanded or redeveloped that is currently used in a
way that is nonconforming with these regulations. Such nonconforming
uses shall rely on the relevant use and bulk regulations defined in
the underlying zoning districts until such time as they are expanded
in size or area or otherwise converted to a use conforming to this
section. Unless otherwise noted, these standards shall apply uniformly
to the underlying zoning districts; in those cases where the standard
varies with the district, these provisions supersede.
(1)
The scope of the standards covers all exterior aspects of the rehabilitation
of existing structures, additions to existing structures, and construction
of new buildings, as well as all site improvements, streetscape, signage,
lighting and landscaping.
(2)
In the exercise of its powers of review, the reviewing board may
recommend approval, conditional approval, request modifications, or
recommend denial to an application based upon its review of the materials
submitted by the applicant and any additional information which it
may deem appropriate.
(3)
These standards shall be interpreted with flexibility. The reviewing
board shall view them as a tool, since exceptional situations, requiring
unique interpretations, can be expected. When applying them, the reviewing
board shall carefully weigh the specific circumstances surrounding
each application and strive for design solutions that best promote
the spirit and intent of the standards and guidelines.
D.
Permitted principal uses of buildings and structures are as follows:
(8)
Nurseries and garden centers.
(9)
Wholesale feed and grain outlet stores in one or more buildings of
25,000 square feet or less.
(10)
Wholesale greenhouses.
(11)
Adaptive reuse of existing nonresidential structures and uses, when
such conversions are limited to commercial retail and service uses
serving the local and regional consumer retail and consumer services
market, not including truck, automotive and motorized heavy equipment
retail sales and service uses.
[Added 3-2-2023 by Ord. No. 5-2023]
(12)
Agritourism-based commercial uses, including:
[Added 3-2-2023 by Ord. No. 5-2023]
(a)
"Farm-based recreational activities" as defined by the State Agricultural
Development Committee, when conducted by the property owner or immediate
family member residing on the farm or agricultural unit upon which
such farm-based recreational activities are conducted.
(b)
Inns, hostelries, bed-and-breakfasts.
(c)
Farm markets including up to 25 individual farm market concessionaires
each with up to 200 sq. ft. of sales area, subject to annual special
license issued by the Township Committee and site plan approval by
the Planning Board.
(13)
Brew pub under Restricted Brewery License issued by the State of
New Jersey, where ownership is a person or entity that identically
owns a Plenary Retail Consumption License which is operated in conjunction
with a restaurant regularly and principally used for the purpose of
providing meals to its customers and having kitchen and dining facilities,
and not exceeding 10,000 sq. ft. in area.
[Added 3-2-2023 by Ord. No. 5-2023]
(a)
Outdoor arts and music concerts between May 1 and October 31 with
outdoor performance arts and music events, not including Mondays,
when owned and operated in conjunction with operation of a Restricted
Brewery License, but not including amplified sound and subject to
annual special license issued by the Township Committee and site plan
approval by the Planning Board.
(14)
Auction barn up to 10,000 sq. ft. in area where auction sales are
limited to furniture, antiques, housewares, art, and similar items,
not including motorized vehicles such as, but not limited to, trucks,
cars, motorcycles, quads and all-terrain recreational vehicles, but
including farm seed and farm equipment sales.
[Added 3-2-2023 by Ord. No. 5-2023]
E.
Permitted accessory uses of buildings and structures are as follows:
(2)
Accessory and temporary residences at a farm, provided that the housing
is for farmworkers employed on the farm and meets all state, county
and Township rules and regulations. If a building containing such
dwelling quarters is located so that it can be subdivided and sold
separately from the main building, its location shall be such that
it can be subdivided to conform to all provisions for street frontage,
lot area and dimensions and well and septic requirements, and the
building shall meet all setback requirements for a principal building.
Buildings for tools and equipment used for maintenance of the grounds.
Such building shall not exceed 12 feet in height.
(3)
Travel trailers, vacation trailers and campers may be parked or stored
on the lot only in the rear yard out of view from Route 12. They shall
not be used for temporary or permanent living quarters.
(4)
Private garages.
(5)
Tenant house for resident's domestic employees or guests, provided
that a building containing such dwelling quarters shall be located
so that it can be subdivided and sold separately from the main building;
its location shall be such that it can be subdivided to conform to
all provisions in its zone for street frontage, lot area and dimensions
and well and septic requirements, and the building shall meet all
setback requirements for a principal building. Mobile homes, vacation
trailers, campers or trailers of any kind shall not be permitted to
provide residency for persons or animals under the provisions of this
section, and shall be stored in rear yards only.
(6)
The keeping of poultry, horses or ponies for the use and pleasure
of the occupant of a residential lot of at least two acres in the
AR-2 District is permitted, provided that the buildings or structures
related thereto and manure pile meet the minimum setback for accessory
buildings or are located to be at least 150 feet from the residence
on the adjacent lot, whichever is greater.
(7)
For lots with an area of six acres or more, farm markets shall be
a permitted accessory use, subject to the following conditions:
(a)
The size of the building, structure or enclosure and outdoor
sales area, inclusive of the parking area of the farm market, shall
not exceed 5,000 square feet, and all construction shall comply with
the Uniform Construction Code;
(b)
Farm produce and farm-related goods may be sold at the farm
market; provided, however, that at least 51% of the annual gross sales,
on a dollar basis, of the farm market are generated from or attributable
to sales of farm produce grown on the same parcel as the farm market
or on another farm in Kingwood Township;
(c)
If any farm produce is packaged with materials that do not qualify as farm produce and the combination is then sold as a single unit, then the sale of such unit shall be considered to be a sale of farm produce for purposes of Subsection E(7)(b) above if the value of the farm produce incorporated into such unit is equal to or greater than 25% of the value of the unit;
(d)
The farm market provides a parking area with parking spaces
as follows: a minimum of five parking spaces, plus one additional
parking space for every 500 square feet of floor space in the farm
market, in excess of 2,500 square feet, but not to exceed 12 parking
spaces;
(e)
The owner (or tenant with landlord's written approval) shall
submit to the Planning Board a minor site plan application for the
location requisite submissions as specifically required by these development
regulations for the approval of such use;
(f)
The operation and/or management and sole responsibility for
the farm market shall be limited to the farm owner or a tenant farmer
with a written valid lease; and by applying for and accepting the
benefits or approval, the owner/tenant agree to provide written documentation
of his/her compliance with all sales requirements set forth herein
as requested by the Township but not more frequently than once per
year;
(g)
All operations and business of the farm market shall be limited
to daylight hours. High-intensity lights are prohibited; normal residential
or security lighting shall be permitted;
(h)
Buildings, structures and parking areas for farm markets may be located within the front yard area in the SCO District, except that parking areas must be improved only with pervious materials such as gravel or pervious pavement, and a landscaped buffer of at least 30 feet in width shall separate the area devoted to the farm market improvements from the right-of-way of Route 12, and driveway and parking layout shall be subject to site plan approval, but shall be located to the rear of a principal or accessory building unless sufficiently screened from view from Route 12 by a planted buffer. Actual buffer design shall be based upon Subsection O(4) of this section, using a line-of-sight analysis to confirm that the buffer is of sufficient length, depth and placement along driveways and property lines to minimize the visual impact as viewed from Route 12.
F.
G.
Maximum building height. No residential building shall exceed 35 feet in height nor 2 1/2 stories, except that churches and barns shall not exceed 55 feet, and for any existing or proposed elevated building, as defined in § 132-37, Floodplain District, the height shall be measured from the flood hazard elevation at the building location. For purposes of retaining views and vistas over nonresidential buildings, no nonresidential building constructed after the effective date of this section shall exceed one story or 25 feet in height.
H.
Area and yard requirements.
(1)
The lot and buildings thereon for properties within the portion of the SCO District east of Baptistown (intersection of Route 12 and County Route 519) shall comply with the Schedule of Lot and Building Requirements for the AR-2 District included at the end of § 132-30, except that all principal and accessory structures, except access drives shall maintain a minimum setback of 100 feet from Route 12, except that golf courses shall maintain a minimum setback of 200 feet from Route 12.
(2)
In order to preserve the scenic vistas and distant views along the Route 12 corridor between Baptistown and Frenchtown in Kingwood, the lot and buildings thereon for properties within the portion of the SCO District west of Baptistown (intersection of Route 12 and County Route 519) shall comply with an enhanced requirement for setback from Route 12 such that no principal or accessory building or off-street parking area shall be located closer to Route 12 than a distance equal to 1/2 of the average lot depth or a maximum of 300 feet, whichever is less. Building width shall not exceed two feet of width for each three feet of building depth as measured parallel to Route 12. The profile of a building parallel to Route 12 shall not occupy more than two feet of the lot width measured at the setback line for each three feet of lot depth occupied. A preexisting front yard building setback less than 300 feet that was in existence on February 5, 2015, shall be permitted to continue without a variance from the Zoning Board of Adjustment; provided, however, that in no case shall a future principal or accessory building or off-street parking area be located closer to Route 12 than 100 feet and further provided that future building additions shall conform to the building width-to-depth ratio required in this section. New residential subdivisions in the SCO District west of Baptistown shall comply with the Schedule of Lot and Building Requirements for the AR-2 District included at the end of § 132-30, except that the use of clustering and lot size averaging shall be mandatory for all new major residential subdivisions for purposes of maintaining the scenic vistas of this portion of the Route 12 corridor in accordance with the provisions of § 132-30C, and the site design standards of Subsection O of this section shall apply.
I.
Accessory uses permitted. Accessory uses and structures to any of
the above-permitted principal uses are permitted as follows:
(1)
All accessory farm buildings shall have a minimum distance to the side lot line, the rear lot line and other buildings of 50 feet, plus 10 additional feet for each 1,000 square feet of gross floor area within the building, provided that, when the nature of the use requires additional setbacks in order to meet other requirements herein and in Article VI, the Planning Board may increase the distance.
J.
A detached single-family dwelling may be constructed on an irregularly shaped lot, commonly known as a "flag lot," composed of a strip of land with public road frontage of at least 50 feet in width and a minimum 200 feet in depth (the "flag stem") and with the area beyond the access strip composed of at least four acres in the main buildable portion of the lot to the rear of the access strip. If, pursuant to Chapter 115, Subdivision of Land, a Class II minor subdivision involving more than one flag lot is undertaken, then the width of the flag stem for each flag lot may be reduced to 25 feet, provided that the two flag stems are located side by side, each flag lot is granted a reciprocal right to use the flag stem of the other lot for ingress and egress, and a common driveway maintenance agreement is recorded as set forth in § 115-3. All flag lots must conform to the provisions of Chapter 115, Subdivision of Land, and this chapter.
K.
Building design standards.
(1)
Buildings shall be located to allow for adequate fire and emergency
access.
(2)
Principal and accessory buildings shall be oriented on the property so that the front facade either faces Route 12 or otherwise screens the view of service or loading areas, solid waste storage areas or other areas that would adversely impact the quality of the view shed from Route 12. The Planning Board may approve other forms of visual screens for applications that require site plan or subdivision approval. Visual screens shall consist of a combination of deciduous and evergreen trees and shrubs, grouped together at various heights to form an effective buffer of an average width of 50 feet that resembles wind rows of native trees and understory vegetation or other naturally occurring vegetative edge consistent with the rural scenic character of the Route 12 corridor. Actual buffer design shall follow the design standards of Subsection O(4) of this section and be based upon a line-of-sight analysis to confirm that the buffer is of sufficient length, depth and placement along driveways and property lines to minimize the visual impact as viewed from Route 12. To the extent that the Board determines that variance relief from the front yard setback is warranted as part of an application for development, the width of the buffer in the area of the granted relief shall be increased equivalent to the amount of the relief. For example, a reduction in the front yard setback from 100 feet to 75 feet will require an increase in the vegetative buffer in the area of the relief from 50 feet to the full 75 feet in width.
(3)
Front yard areas shall be kept free of paved areas, except for access
roads or driveways. Off-street parking is not permitted within the
required front yard.
(4)
Architectural standards for nonresidential buildings.
(a)
All new nonresidential buildings for which development approval
is required in the SCO District shall comply with the following standards:
Architectural style shall be compatible with traditional rural or
farm buildings such as barns, farmhouses, etc. (See Figure 1.)
Figure 1: This retail building in Gettysburg Pennsylvania in
the top image and the pole barn style building in the bottom image
illustrate the intended architectural style for nonresidential buildings
in the SCO District within the twenty-five-foot height limitation
for nonresidential buildings.
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L.
Off-street parking and loading.
(1)
Only those parking spaces meeting the dimensions of this chapter
shall be counted in meeting the minimum number of parking spaces.
(2)
The minimum requirement shall be two spaces per dwelling unit, plus
0.5 space per bedroom over the first bedroom. Fractional spaces shall
be rounded up to the next whole number.
(3)
All lots shall provide a turnaround area on site so that all vehicles
can exit in a forward direction.
(4)
Where the driveway access to a lot has a slope exceeding 12%, at
least two additional off-street parking spaces shall be located adjacent
to the street but outside the street right-of-way.
(5)
Churches shall provide one space for every five seats (one seat equaling
22 inches for pews and benches).
N.
Nonconforming uses. Where an existing use within the Route 12 Scenic
Corridor Overlay Zone conforming to zoning on the effective date of
this section has been made nonconforming as a result of Ordinance
No. 17-15-2012, the use may continue in accordance with the use and
bulk zoning provisions in effect immediately prior to the effective
date of Ordinance No. 17-15-2012.
O.
Site design standards. In addition to site plan and related design
standards required elsewhere in this chapter, the following design
standards for sustainable development shall be required in for new
development requiring major site plan approval in the SCO:
(1)
The management of stormwater runoff shall be designed to utilize
best management practices (BMPs) intended to maximize recharge, remove
pollutants and to capture rainwater for irrigation use in place of
potable water sources. All stormwater management basins should be
designed for bioretention and may include a network of stormwater
wetlands, bioswales, rain gardens and the equivalent. Rain gardens
that are designed to create or supplement landscaped buffers, open
space areas or wildlife habitat and are reasonably accessible to the
public may be counted toward any minimum open space requirements.
Rain gardens of 2,500 square feet or greater that are incorporated
into parking lots as a component of stormwater management and which
are designed into the pedestrian circulation system with a sitting
area adjacent to the rain garden/bioretention basin and accessible
from the walkway may be included in the open space counted towards
a minimum open space requirement.
Figure 2: Example of concept design for rain garden eligible
for inclusion in required open space.
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(2)
Runoff mitigation plan.
(a)
Any project proposed within the SCO shall include a runoff mitigation
plan showing that the stormwater management design elements include
an appropriate combination of nonstructural and/or low-impact best
management practices. The plan shall show how the design:
[1]
Utilizes permeable areas to allow more infiltration of runoff
into the ground through such means as biofiltration, filter strips,
swales, infiltration trenches, green roofs and/or permeable pavement;
and/or
[2]
Directs runoff to permeable areas and/or utilizes stormwater
storage for reuse or infiltration by such means as:
[a]
Orients roof runoff towards permeable surfaces,
drywells, French drains, or other best management practices (BMPs)
rather than directly to driveways or nonpermeable surfaces so that
runoff will penetrate into the ground instead of flowing off-site.
[b]
Grades impervious surfaces to direct runoff to
permeable areas, utilizing level spreaders or other methods to distribute
the impervious runoff over pervious surfaces.
[c]
Uses cisterns, retention structures, or rooftops
to store precipitation or runoff for reuse.
[d]
Designs curbs, berms, or the like to avoid isolation
of permeable or landscaped areas.
(b)
A runoff mitigation plan shall include a plan for the maintenance
of all BMPs requiring ongoing maintenance.
(c)
A runoff mitigation plan shall include the applicant's signed
statement accepting responsibility for all structural and treatment
control BMP maintenance. The transfer of property subject to a runoff
mitigation plan must include as a written condition to the transfer
that the transferee assumes full responsibility for maintenance of
any structural and/or source or treatment control BMPs.
(3)
Landscaping and street trees.
(a)
Planting details (general). Plant selection should conform to
the following general design principles:
[1]
All landscape plants should be native species and typical full
specimens conforming to the American Association of Nurserymen Standards
(ANA) for quality and installation.
[2]
All plant selections should emphasize deer-resistant species.
[3]
Local soil conditions and water availability should be considered
in the plant selection. All plants shall be tolerant of specific site
conditions.
[4]
Landscaping shall not inhibit access by emergency vehicles or
inhibit visibility within required vehicular sight triangles.
[5]
Only irrigation systems using nonpotable water supplies are
to be used for all new plantings.
[6]
An appropriate variety of tree species should be provided to
avoid die-out due to species-specific diseases.
(b)
Street tree details. In addition to the requirements found in
this chapter, street trees should be provided in accordance with the
following, based on LEED-ND NPD Credit 14, "Tree-Lined and Shaded
Streets":
[1]
Street trees should be provided on both sides of at least 60%
of new and existing streets within the redevelopment plan area and
on the redevelopment plan area side of bordering streets.
[2]
The number of street trees should average one for every 35 linear
feet of property frontage.
[3]
Spacing between trees should be determined based upon species
selection. In general, trees should be between 30 feet and 50 feet
on center, averaging no more than 40 feet on center (excluding driveways
and utility vaults).
[4]
Trees should be a minimum of 3 1/2 to four inches caliper,
based on ANA standards.
[5]
Trees are to be disease-resistant and tolerant of road salts
and air pollution.
[6]
On properties with more than one tree species, species should
not be alternated one by one; instead, a single species shall be grouped
together to create a canopy effect.
[7]
Branching height should bear a relationship to the size and
species of tree but shall have a minimum clearance height of seven
feet above grade before branching begins.
(4)
Buffer details. A landscaped buffer shall be provided as required
in this section in accordance with the following:
(a)
A shrub mass of deciduous and/or evergreen species shall be
planted within the required buffer area to provide for a visual and
physical screen along the entire frontage. Shrubs within the buffer
shall include a mixture of evergreen and deciduous trees and shrubs
massed in a way that does not result in significant visual openings
during the winter season. This landscape mass shall be interspersed
with the required ornamental trees to provide for a natural, random
and visually interesting planting design.
(b)
Selection of plant species shall provide for a variety and mixture
of landscaping. Varieties should consider susceptibility to disease,
shapes, seasonal display, textures, flowers, and foliage.
(c)
The plant quantities constituting the buffer should include:
[1]
Shrubs averaging 25 per 100 linear feet of frontage.
[2]
Ornamental trees averaging two per 100 linear feet of frontage.
[3]
Evergreen trees averaging two per 100 linear feet of frontage.
[4]
Lawn or groundcover to complete a ten-foot-wide strip outside
of the required shrub/tree planted area.
[5]
Required plantings in the buffer area shall meet the minimum
size requirements as follows:
(5)
Site protection and general planting requirements.
(a)
Topsoil preservation. Topsoil moved during construction shall
be redistributed on all regraded surfaces to provide even cover to
all disturbed areas of the development and shall be stabilized by
seeding or planting. A soil erosion and sediment control plan shall
be approved as part of the preliminary plat.
(b)
Removal of debris. All stumps and other tree parts, litter,
brush, weeds, excess or scrap building materials, or other debris
shall be removed from the site and disposed of in accordance with
the law. To the extent possible, materials should be diverted from
the solid waste stream and reused on site, consistent with LEED-ND
GIB (Green Infrastructure and Building) Credit 16, "Solid Waste Management
Infrastructure," with a goal of recycling or salvaging at least 50%
of nonhazardous construction and demolition debris.
(c)
Planting specifications. Deciduous trees shall have a minimum
2 1/2 to three inches caliper measured six inches above the ground
surface at time of installation. Size of evergreens and deciduous
shrubs shall be allowed to vary depending on setting and type of shrub.
Only nursery-grown plant materials shall be acceptable horticultural
standards. Dead or dying plants shall be replaced during the following
planting season and guaranteed by the landscape contractor for a period
of one year. Evergreen trees shall have a minimum height of six feet
at planting. All plant materials, planting practices, and specifications
shall be in accordance with the "American Standards for Nursery Stock"
by the American Association of Nurserymen Standards.
(d)
Plant species. The plant species selected should be hardy for
the climatic zone in which the development is located and appropriate
in terms of function and size.
