Borough of Washington, NJ
Warren County
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Table of Contents
Table of Contents
[Amended 3-13-1984 by Ord. No. 1-84; 6-1-1993 by Ord. No. 17-93; 8-4-1998 by Ord. No. 7-98; 12-16-2003 by Ord. No. 17-2003; 6-7-2005 by Ord. No. 14-2005]
For the purpose of this chapter, the Borough of Washington is hereby divided into zone districts, known as:
M-3
Mountain District
R-1
Residence District
R-2
Residence District
R-3
Residence District
R-4
Garden Apartment District
R-6
Residence District
AR-7
Age-Restricted Residential Zone District
B-1
Highway Business District
B-2
Central Business District
OB
Office Building District
I
Industrial District
PL
Public Land District
[Amended 11-6-1989 by Ord. No. 15-89; 6-1-1993 by Ord. No. 17-93; 12-16-2003 by Ord. No. 17-2003]
The Zoning Map, 1993,[1] schedules and performance standards delineating and applying to the above zoning districts and the schedule of requirements which accompany this chapter, as well as the provisions of §§ 94-37, 94-40, 94-47, 94-54, 94-58, 94-61, 94-62, 94-66, 94-68 and 94-74, are hereby declared to be a part of this article and to be considered as zoning requirements. The particular design and performance standards whose section numbers are set forth just above shall, with regard to those developments exempt from site plan review or subdivision approval, be the subject of a zoning permit.
[1]
Editor's Note: A copy of the map is included at the end of this chapter for reference. A more recent version of the Zoning Map is included in the Code on the Borough's website, and the Official Zoning Map, as amended, is on file in the Borough offices.
Zoning district lines are intended to follow street center lines, streams and lot lines unless otherwise indicated by dimensions on the Zoning Map. Any disputed zoning district line shall be determined by the Board of Adjustment.
A. 
All uses not expressly permitted in this chapter are prohibited.
B. 
Notwithstanding the provisions of any other section of the Code of the Borough of Washington, the sale, offering for sale or display of obscene material is prohibited in any zone. For purposes of this subsection, "obscene material" means any description, narrative account, display or depiction of sexual activity or anatomical area contained in, or consisting of, a picture or other representation, publication, sound recording, live performance or film which, by means of posing composition, format or animated sensual details, depicts or describes in a patently offensive way ultimate sexual acts, normal or perverted, actual or simulated, masturbation, excretory functions or lewd exhibition of the genitals; lacks serious literary, artistic, political or scientific value, when taken as a whole; and is a part of a work which, taken as a whole, to the average person applying contemporary community standards, has a dominant theme which appeals to the prurient interest.
[Added 9-8-1981 by Ord. No. 12-81]
C. 
No single-unit manufactured home of less than twenty-two-foot width or trailer, as defined in N.J.S.A. 40:55D-102, shall be permitted in any zone district, provided that nothing herein shall prohibit the unoccupied storage of trailers.
[Added 11-6-1989 by Ord. No. 15-89]
[Added 11-6-1989 by Ord. No. 15-89]
Any nonconforming lot existing on the date of passage of this chapter, which has at least 2/3 of the minimum lot area required by this chapter and not meeting the definition of § 94-50F,[1] may have a zoning permit issued for a permitted use thereon without an appeal for a variance, provided that the building coverage requirement is not exceeded, the new structure does not violate any height or setback requirements, parking requirements are met, the nonconforming lot abuts lots on either side that are developed and the nonconforming lot is the largest possible assemblage of lots which would be included in a calculation pursuant to § 94-50F hereof. The side and rear yards may be reduced to the same percentage that the area of the lot bears to the zone district requirements, except that no yard shall be less than 2/3 of that required by this chapter or five feet, whichever is greater.
[1]
Editor's Note: The reference appears to be to § 94-50G, which subsection dealt with nonconforming lots which are at least 2/3 of the minimum lot area existing on the date of passage of this chapter and which was repealed 11-6-1989 by Ord. No. 15-89.
[Added 11-6-1989 by Ord. No. 15-89]
The lawful use of lands or structures existing on the date of passage of this chapter may be continued although it may not conform to this chapter or to prior land use ordinances of the Borough of Washington. Land on which a nonconforming use is located or any nonconforming lot may not be subdivided so as to be made more nonconforming. This section shall not make lawful any use which, at the inception or expansion of such use, violated any prior ordinance of the Borough of Washington, nor shall any such use be considered a valid prior nonconforming use as to this chapter.
A. 
Abandonment. A nonconforming use shall be considered to be abandoned if it is voluntarily terminated by the owner. A rebuttable presumption in favor of abandonment shall arise where a nonconforming use involving a structure or land is terminated for 12 consecutive months. The subsequent use of any such abandoned structure or land shall be in conformance herewith.
B. 
Maintenance. Maintenance may be made to a nonconforming use, structure or lot, provided that the maintenance work does not change the use, expand the building or the functional use of the building, increase the area of the lot or part of a lot used for any nonconforming purpose or increase the extent of the nonconforming use in any other manner.
C. 
Rebuilding in the event of catastrophe. Any nonconforming structure or use which has been condemned or damaged by fire, explosion, flood, windstorm or other casualty shall be examined by the Construction Official. If the cost of repairing such condition is greater than 50% of the value of replacing the entire structure, it shall be considered completely destroyed and may be rebuilt to original specifications only upon approval of use or bulk variances, as required. Where the value of repairing the condition is less than 50% of the value of replacing the entire structure, the nonconforming structure or use may be rebuilt and used for the same purpose as before, provided that it does not exceed the height, area and bulk of the original structure. The reconstruction shall commence within 12 months of the date the building was damaged or condemned with the reconstruction carried out without interruption, otherwise the damaged structure shall not be rebuilt as a nonconforming use or building.
D. 
A one- or two-car detached garage, open porch, patio, deck, shed, swimming pool, gazebo having no dimension greater than 12 feet or other similar customary accessory use which does not expand the gross floor area of the dwelling may be added to a lot containing a preexisting, nonconforming residential use in a nonresidential zone, provided that the addition does not, in whole or in part, contain a home occupation.
[Added 10-3-2000 by Ord. No. 12-2000]
[Added 11-6-1989 by Ord. No. 15-89]
No lot shall be erected on it more than one permitted principal use or one principal building; except that shopping centers or industrial parks or office parks or mixed office/industrial parks or multifamily development may be permitted with more than one building per lot when erected in accordance with an approved site plan and when all buildings on the lot are sited to comply with all yard requirements, as well as the definition of industrial or office park or shopping center if applicable. No valid prior nonconforming use shall have an additional conforming use added to the lot or lots upon which said valid prior nonconforming use is situated unless all uses on such lot or lots comply with all bulk requirements and performance standards of this chapter.
[Added 12-16-2003 by Ord. No. 17-2003; amended 3-20-2007 by Ord. No. 1-2007[1]]
A. 
Purpose. The Mountain District is created to provide for large-lot residential uses recognizing the existing remote character of the area, the rock conditions, difficult road access, steep slopes, heavy forest cover, and adjacent zoning in Washington Township.
B. 
Permitted uses.
(1) 
Single-family detached dwellings.
(2) 
Accessory uses customarily incident to the above use, provided that they do not include any activity commonly conducted for gain unless specifically permitted in this district.
(3) 
Permitted uses include home offices and instruction for musical instruments on one-to-one basis not entailing more than one student at any one time for one teacher in a residence.
C. 
Area yard and bulk requirements (principal permitted uses).
Use Type
Minimum Lot Area
(acres)
Minimum Lot Width
(feet)
Minimum Lot Depth
(feet)
Minimum Front Yard
(feet)
Minimum Side Yard
(feet)
Minimum Rear Yard
(feet)
Maximum Building Height
(feet)
Maximum Lot Coverage
(percent)
Detached single-family dwelling
3
225
300
75
40
40
35
8%
D. 
Area yard and bulk requirements (accessory uses).
(1) 
Any accessory building or deck constructed of any material attached to a principal building is part of the principal building and shall adhere to the yard requirements for the principal building.
(2) 
The minimum distance of any accessory building to a property line or to a building on the same lot shall be five feet.
(3) 
Height and area. Accessory buildings shall not exceed 15 feet in height and may not occupy an area totaling more than 25% of a required rear yard or a maximum of 900 square feet, whichever is smaller.
(4) 
Location. An accessory building may be erected in the side or rear yard only. If erected on a corner lot, it shall be set back from the side street to comply with the setback line applying to the principal building.
E. 
Cluster option. A single-family residential cluster option is permitted within the M-3 Mountain District Zone. All cluster developments shall meet the following requirements:
(1) 
Permitted uses as set forth in § 94-74B.
(2) 
Minimum tract area required for cluster options is 100 acres.
(3) 
Maximum gross density for cluster option is one dwelling unit per three acres (total tract area divided by three).
(4) 
A minimum of 60% of the gross tract area shall be reserved for open space as defined in N.J.S.A. 40:55D-5. The open space may be offered to the Borough of Washington or other governmental agencies or nonprofit land conservation entities and, if accepted by Borough, other government agencies, by deed at the time of final subdivision approval.
F. 
Area and yard bulk requirements for cluster option (principal permitted use).
Use Type
Minimum Lot Area
(square feet)
Minimum Lot Width
(feet)
Minimum Lot Depth
(feet)
Minimum Front Yard
(feet)
Minimum Side Yard
(feet)
Minimum Rear Yard
(feet)
Maximum Building Height
(feet)
Maximum Lot Coverage
(percent)
Detached single-family dwelling
17,500
100
175
35
15
40
35
40%
G. 
Area and yard bulk requirements (accessory uses).
(1) 
Any accessory building or deck constructed of any material attached to a principal building is part of the principal building and shall adhere to the yard requirements for the principal building.
(2) 
The minimum distance of any accessory building to a property line or to a building on the same lot shall be five feet.
(3) 
Height and area. Accessory buildings shall not exceed 15 feet in height and may not occupy an area totaling more than 25% of a required rear yard or a maximum of 900 square feet, whichever is smaller.
(4) 
Location. An accessory building may be erected in the side or rear yard only. If erected on a corner lot, it shall be set back from the side street to comply with the setback line applying to the principal building.
H. 
Affordable housing. All development shall comply with the growth share provisions as adopted by Ordinance No. 10-2006, or as subsequently amended.[2]
[2]
Editor's Note: See Art. VIII, Affordable Housing, of this chapter.
[1]
Editor's Note: Former § 94-74, R-1A Residence District, was repealed 6-1-1993 by Ord. No. 17-93.
A. 
Permitted uses.
[Amended 7-24-1979 by Ord. No. 22-79]
(1) 
Single-family detached dwellings.
(2) 
Accessory uses customarily incident to the above use, provided that they do not include any activity commonly conducted for gain unless specifically permitted in this district.
(3) 
Home offices are permitted.
[Amended 12-2-1997 by Ord. No. 15-97]
(4) 
Instruction for musical instruments on a one-to-one basis not entailing more than one student at any one time for one teacher in a residence.
B. 
Required conditions.
(1) 
Height. The height of principal structures shall not exceed 2 1/2 stories or 35 feet, whichever is the lesser. The height of accessory buildings is regulated by § 94-37.
(2) 
Front yard. There shall be a front yard of not less than 50 feet, except that where existing buildings on the same side of the street and within 200 feet form an established setback, new buildings shall conform thereto, provided that no new building shall be nearer than 35 feet to the front street right-of-way line, nor is it required that any building be set back more than 60 feet from the front street right-of-way line. In major subdivisions employing the use of cluster zoning, as defined and regulated in this chapter, no front yard shall be less than 35 feet.
(3) 
Side yards. There shall be two side yards, and no side yard shall be less than 15 feet. For any existing platted single lot or contiguous lots that total less than the minimum width required by this chapter, and which are construed as building lots pursuant to § 94-50, the required side yard requirement may be reduced at a ratio of one foot for each five feet of lot width less than 100 feet, provided that no side yard shall be less than 10 feet. In major subdivisions employing the use of cluster zoning, as defined and regulated in this chapter, no side yard shall be less than 10 feet.
(4) 
Rear yard. There shall be a rear yard of at least 50 feet; provided, however, that in subdivisions employing use of cluster zoning, as defined and regulated in this chapter, no rear yard shall be less than 40 feet, except that open, uncovered decks may be constructed in the rear yard, provided that a rear yard of not less than 35 feet shall be maintained.
[Amended 2-17-2004 by Ord. No. 3-2004]
(5) 
Minimum lot area. Every lot shall have a minimum area of 17,500 square feet. Said area must be measured within 175 feet of the front street right-of-way line; provided, however, that within a major subdivision employing the use of cluster zoning, as defined in this chapter, the minimum lot area shall be not less than 10,625 square feet measured within 125 feet of the front street right-of-way line, provided that the subdivision plan of the reduced lot sizes as permitted by this subsection is approved by the Planning Board, and further provided that all of the following requirements are met:
(a) 
Either there shall be deeded to the Borough of Washington for public purposes or there shall be devoted to open space or recreational use in private ownership an area or areas shown on a plan approved by the Planning Board. To preserve the R-1 Residence District density pattern, the area of such open space so dedicated or reserved shall bear the same ratio to the area of the total tract being subdivided as the average reduced lot area bears to the basic lot area of 17,500 square feet, provided that the aggregate of open space areas reserved or dedicated (exclusive of streets) within any one major subdivision shall be at least 30% of the area of the entire subdivision or eight acres, whichever is larger.
(b) 
Subdivisions employing cluster zoning, as defined and regulated herein, shall have a density not in excess of two principal residential structures for every gross acre of the entire tract, including lands to be dedicated to the Borough for public use and/or lands to be reserved for open space or recreational use in private ownership, exclusive of streets.
(6) 
Minimum lot width. The minimum width of any lot in the R-1 Residence District shall be 100 feet; 85 feet for lots created under cluster zoning.
C. 
Permitted conditional uses.
[Added 12-2-1997 by Ord. No. 15-97]
(1) 
Home professional or business offices are permitted as a conditional use, provided that the following conditions are met:
(a) 
The lot area is not less than 17,500 square feet; and
(b) 
Off-street parking for all customers and employees is provided.
(2) 
Home occupations are permitted as a conditional use, provided that the following conditions are met:
(a) 
The lot area is not less than 17,500 square feet; and
(b) 
Off-street parking for all customers and employees is provided.
(3) 
The following bulk requirements shall apply to all conditional uses enumerated hereinabove, but any variance application in respect to these bulk requirements shall be considered as a bulk variance:
(a) 
Such occupations shall be conducted solely by resident occupants of the lot, except that not more than one person not a resident of the building may be present at the premises at any one time.
(b) 
No more than 500 square feet or 40% of the area of the first floor of the building, whichever is smaller, shall be used for such purposes.
(c) 
The residential character of the building viewed from its exterior shall not be changed.
(d) 
The occupation shall be conducted entirely within the building which houses the same, and no exterior storage of tools or materials associated with the business, other than the outdoor parking of commercial vehicles no larger than a full-size pickup or panel van, not exceeding one-ton maximum gross vehicle weight, is to be permitted.
(e) 
No occupational sound shall be audible at any boundary line of the property.
(f) 
No chemicals, dust or other effluents, including nondomestic sewage, shall be permitted nor shall any odor or smoke emanate from the property on account of the home occupation use.
(g) 
No electromagnetic interference shall be caused by the use and no explosive materials which serve no other lawful purpose are to be kept on site, except gunpowder in amounts less than five pounds.
(h) 
Any parking associated with the home occupation shall be entirely accommodated within the property lines.
(i) 
There shall be no on-site retail sales of merchandise associated with any such use other than by mail order. Off-site delivery of goods shall be permitted. Merchandise sales of accessory items normally and customarily associated with the rendering of personal services shall be permitted but only secondary to the rendering of personal services.
(j) 
The occupation shall be conducted entirely within either the primary dwelling or an accessory building, but not both.
(k) 
Uses not specifically mentioned in this section are not necessarily excluded. Any use not specifically prohibited hereby shall not be deemed to be permitted simply because it is not specifically prohibited. It is the intent of this section that any and all home occupations comply with the conditions of Subsection C(3)(a) through (k) hereof, and such compliance is to be the determining factor in whether or not the uses are permitted.
A. 
Permitted uses. Any use as permitted and regulated in the R-1 Residence District.
B. 
Required conditions.
(1) 
Height. The height of a principal structure shall not exceed 2 1/2 stories or 35 feet, whichever is the lesser. The height of an accessory structure is regulated by § 94-37.
(2) 
Front yard. There shall be a front yard of not less than 40 feet, except that, where the existing buildings on the same side of the street and within 200 feet form an established setback, new buildings shall conform to such established line, provided that no new building may project closer than 30 feet to the front property line nor need be set back more than 50 feet from said property line.
(3) 
Side yards. There shall be two side yards, neither of which shall be less than eight feet. Any existing platted lot or lots that are less than the minimum width required by this chapter and which are construed as building lots pursuant to § 94-50 may reduce the side yard requirements at a ratio of one foot for each five feet of lot width less than 75 feet, provided that no side yard shall be less than six feet.
(4) 
Rear yard. There shall be a rear yard of at least 40 feet.
(5) 
Minimum lot area. The minimum lot area of 11,250 square feet must be measured within 150 feet of the front street right-of-way.
(6) 
Minimum lot width. The minimum width of any lot in the R-2 Residence District shall be 75 feet.
C. 
Conditional uses as regulated in the R-1 Zone.
[Added 12-2-1997 by Ord. No. 15-97]
A. 
Permitted uses.
(1) 
Any use as permitted and regulated in the R-1 Residence District.
(2) 
Two-family dwellings.
(3) 
Three-family dwellings.
B. 
Required conditions.
(1) 
Height. No building shall exceed a maximum of 2 1/2 stories or 35 feet in height, whichever is the lesser.
(2) 
Front yard. There shall be a front yard of not less than 25 feet, except that, where the existing buildings on the same side of the street and within 200 feet form an established setback, new buildings shall conform to such established line, provided that no new building may project closer than 20 feet to the front property line nor need be set back more than 35 feet from said property line.
(3) 
Side yards. There shall be two side yards, and no side yard shall be less than six feet.
(4) 
Rear yard. There shall be a rear yard of at least 25 feet.
(5) 
Minimum lot area. Every single-family dwelling shall have a minimum lot area of 6,250 square feet measured within 125 feet of the front street right-of-way line. Every structure housing more than one family shall have a minimum area of 5,000 square feet per family unit measured within 125 feet of the front street right-of-way line, provided that no such structure shall contain more than three family units.
(6) 
Minimum lot width. The minimum width of any lot in the R-3 Residence District shall be 50 feet.
C. 
Conditional uses are as regulated in the R-1 Zone.
[Added 12-2-1997 by Ord. No. 15-97]
A. 
Permitted uses.
(1) 
Any use permitted in the R-1 Residence District.
(2) 
Garden apartments.
B. 
Required conditions.
(1) 
Height. No building shall exceed two stories or 35 feet in height, whichever is the lesser. Dwelling units in basements are prohibited. Projections above the roofline not exceeding a total of 15% of the ground floor area and not exceeding 45 feet in total height from the ground are permitted, subject to site plan approval, when necessary to provide heating, air-conditioning or elevator equipment. Not more than one external master television antenna shall be permitted on each principal multiple-family dwelling building, and no individual television or FM antennas shall be permitted.
(2) 
Yards. Every garden apartment development shall be so designed and constructed that no portion of a structure containing a dwelling unit shall be closer than 100 feet to any abutting front street line nor closer than 85 feet to any other property line.
(3) 
Open space between buildings. To provide adequate light, air and circulation between buildings, no garden apartment buildings, including buildings containing dwelling units, detached garages, recreation buildings or any other buildings on the site, shall be constructed so that any point on the outside wall thereof is less than 40 feet from the nearest point in the outside wall of any other garden apartment building, provided that, wherever any access driveway or private roadway within the tract may pass between garden apartment buildings, the width of such driveway or roadway shall be added to the minimum distance between the buildings. No dimension of any open courtyard formed by either one building or a group of connected buildings shall be less than 60 feet. All apartments shall have at least two walls with 50% exposure to the outside for cross ventilation, and not more than 12 dwelling units per story shall be permitted, but nothing herein shall prohibit attachment of buildings to one another, provided that where buildings are so attached, they must be so arranged and designed that no building facade shall continue in the same plane for a length of more than 110 feet without an offset of at least five feet, and in any case all buildings shall be so arranged that when viewed from any one direction the overall length, even though not at the same plane, shall not exceed 300 feet.
(4) 
Density; building coverage. Every garden apartment development shall provide at least 5,000 square feet of lot area for each two-bedroom or larger dwelling unit and at least 4,200 square feet of lot area for each one-bedroom dwelling unit. Areas within the site devoted to usable open space, off-street parking and driveways may be included in computing the area requirements regarding density. Maximum building coverage shall not exceed 20% of the computed total square foot lot area requirements herein provided.
(5) 
Minimum total lot area. No site plan for any development on which multiple-family dwellings (garden apartments) are to be constructed shall be approved unless such site contains a minimum of 15 contiguous acres not separated or divided by any public street, which area shall be measured within 1,200 feet of the front street line, provided that the total site area, in any event, shall be sufficient to provide for all off-street parking, usable recreation space, yards and other requirements consistent with the projected number of dwelling units to be constructed in the entire project represented on the site plan. Interior tracts may be granted site plan approval, provided that there is a minimum contiguous frontage of 300 feet on a public or private road approved by the Planning Board and the bulk of the tract is contained in an area, the dimensions of which are generally shaped so that its average length is not greater than 100% of its average width or vice versa.
[Amended 12-2-1997 by Ord. No. 15-97; 8-4-1998 by Ord. No. 7-98]
A. 
Permitted uses.
(1) 
Single-family attached dwellings.
(2) 
Single-family detached dwellings.
B. 
General conditions.
(1) 
Height. No building shall exceed 2 1/2 stories or 35 feet in height, whichever is the lesser.
(2) 
Density. The overall density shall not exceed four dwelling units per gross acre of land to be developed.
C. 
Attached single-family dwelling standards.
(1) 
Yards. No building containing a single-family attached dwelling unit shall be closer than 25 feet to any abutting street right-of-way line. Accessory structures and parking are permitted in the side and rear yard, provided that no accessory structure or parking area shall project closer than 20 feet to any structure.
(2) 
Separation requirements. There shall be a minimum distance of 30 feet between all dwelling structures; provided, however, that no dimensions of any open courtyard formed by either one building or a group of buildings shall be less than 60 feet. A minimum distance of 15 feet is required between accessory structures.
(3) 
Units per structure. No structure shall contain more than six dwelling units.
(4) 
Lot width. Dwelling units shall be on lots a minimum of 20 feet wide. If individual lots are not created, the dwelling unit width shall be a minimum of 20 feet.
D. 
Detached single-family dwelling standards. Area and yard requirements for development of single-family detached dwelling units shall be in accordance with standards of the R-1 Residence District, except that the cluster development option shall not apply.
E. 
Mixed-use development standards.
(1) 
Sites containing a minimum total tract area of 25 acres may be developed with a combination of attached single-family dwelling units and detached single-family dwelling units, as permitted in this zone, provided that a minimum of 40% of the total units proposed are single-family detached units.
(2) 
The minimum setback for attached single-family dwelling units from proposed single-family detached units lot lines shall be 25 feet.
[Added 6-7-2005 by Ord. No. 14-2005]
A. 
Purpose. The purpose of the AR-7 Age-Restricted Residential Zone District is to provide for active adult residential development.
B. 
Principal permitted uses.
(1) 
Duplex dwellings.
(2) 
Multifamily dwellings.
(3) 
Townhouse dwellings.
C. 
Permitted accessory uses.
(1) 
Recreational, social and communal facilities for the exclusive use of residents of the community and guests.
(2) 
Recreation building and facilities.
(3) 
Off-street parking areas.
(4) 
Individual and common mailboxes.
(5) 
Trash receptacle enclosures.
(6) 
Project sign during time of construction, which shall be removed immediately after construction has ceased.
(7) 
Fences.
(8) 
Construction and sales trailer(s) during time of construction, which shall be removed immediately after construction has ceased.
D. 
Mandatory affordable housing set-aside. Eighteen percent, but not more than 16, of the residential dwelling units within the AR-7 Zone District shall be set aside for low- and moderate-income households. A minimum of 1/2 of the affordable units shall be affordable to low-income households, and the remaining affordable units shall be affordable to moderate-income households. As an alternative, the affordable housing set-aside may be met with a minimum of 12 of the residential units constructed on site as units for low- and moderate-income households and a payment in lieu of constructing four of the affordable units. Pursuant to N.J.A.C. 5:94-4.4(c), the amount of payments in lieu of constructing affordable units shall be $35,000 per unit for an in-lieu-of payment. All affordable housing units constructed on site shall conform to the requirements of the Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26 et seq., and the Council on Affordable Housing per N.J.A.C. 5:94-1.1 et seq.
E. 
General conditions.
(1) 
Minimum tract area. The minimum tract area for the development shall be 15 acres under the ownership or control of a single entity and the subject of a development application.
(2) 
Residential density. The maximum density shall not exceed six dwelling units per gross acre.
(3) 
Townhouse configuration. Townhouse units shall not exceed six units within any one overall structure.
(4) 
Minimum tract frontage. The minimum tract frontage shall be 200 feet.
(5) 
Minimum building setback from tract boundaries. All buildings shall maintain a minimum setback of 35 feet from an existing public street right-of-way and 25 feet from all other tract boundaries.
(6) 
Minimum building setback from interior street. All buildings shall maintain a minimum setback of 18 feet from the curbline of any street located within the tract boundaries, except that the garage entrance shall maintain a minimum distance of 25 feet to the curbline.
(7) 
Minimum distance between residential buildings. The minimum distance between residential buildings shall be as follows:
(a) 
The front of one building to the front of another building: 70 feet.
(b) 
The front of one building to the side of another building: 60 feet.
(c) 
The front of one building to the rear of another building: 70 feet.
(d) 
The side of one building to the side of another building (end unit): 20 feet.
(e) 
The side of one building to the rear of another building: 35 feet.
(f) 
The rear of one building to the rear of another building: 45 feet.
(8) 
Minimum distance between residential buildings and community center building. The minimum distance between any residential building and the community center shall be 35 feet.
(9) 
Maximum building coverage. The maximum building coverage, including principal and accessory buildings and structures, shall not exceed 25% of the gross acreage of the tract.
(10) 
Maximum impervious coverage. Maximum impervious coverage shall not exceed 55% of the gross acreage of the tract.
(11) 
Bulk standards for lotted developments. The following additional standards apply to lotted development proposals:
(a) 
The minimum lot area. The minimum lot area for a building containing duplex, townhouse or multifamily dwellings shall be 2,000 square feet.
(b) 
Minimum lot frontage and width. The minimum lot frontage and width shall be 20 feet, except that on lots on curving streets or private driveways, frontage may be reduced to 1/2 of the required width.
(c) 
Minimum frontage yard. The minimum front yard shall be 18 feet from the curbline of any street located within the tract boundary and 35 feet from an existing public street right-of-way.
(d) 
Minimum side yard. The minimum side yard shall be zero feet for an interior unit and five feet for an end unit.
(e) 
Rear yard. The minimum rear yard for any building shall be 12 feet. The minimum rear yard for any deck attached to any building or any patio emanating from any building shall be four feet.
[Amended 8-21-2007 by Ord. No. 8-2007]
(f) 
Building and impervious coverage. Building coverage and impervious coverage shall be calculated only for the entire tract.
(g) 
Condominium/unlotted developments. Unlotted developments may be permitted in lieu of lotted developments, provided that the area for each building and the location of each building are identified on the plan to show compliance with the regulations for lotted developments as above.
(12) 
Common open space. A minimum of 5% of the total land area of the tract shall be devoted to open space. The open space shall be set aside for open space as common property for the benefit of the residents. Whenever possible, common open space shall be designed as a continuous system of usable areas, interspersed around groupings of residential dwelling units. Common open space shall not include lots, parking areas and accessways on road rights-of-way. In the case of unlotted dwellings, an area equal to the yard requirements of individual dwellings of the same type shall be inscribed around the building and shall not be considered common open space.
(13) 
Community center and recreation improvements.
(a) 
The age-restricted development shall include a community center building consisting of at least 18 square feet per residential dwelling unit. The community center may include, but is not limited to, a kitchen, office and recreational and social activity rooms. The maximum height of the community building shall not exceed 35 feet.
(b) 
Recreation improvements shall consist of active and passive facilities, including, but not limited to, two tennis courts and a swimming pool. Recreation improvements may be constructed off tract or a cash payment made in lieu of locating them on the development tract.
(14) 
Maximum residential building height. The maximum building height for any residential building shall not exceed 38 feet or 2.5 stories.
(15) 
Parking requirements.
(a) 
The number and design of parking spaces for the residential dwellings shall conform to the requirements of Section 5:21-4.14 and the design standards of Sections 5:21-4.15 and 5:21-4.16 of the Residential Site Improvement Standards.[2] At least one parking space per unit shall be provided within an enclosed garage.
[2]
Editor's Note: See N.J.A.C. 5:21-4.14 through 5:21-4:16.
(b) 
Off-street parking for the community center shall be provided at a ratio of three parking spaces per 1,000 square feet of gross floor area.
(16) 
Utilities. Any development within the AR-7 Age-Restricted Residential Zone District shall be served by municipal water and sewerage systems. All utility lines, including power, telephone and cable lines, shall be installed underground.
(17) 
Project sign. A development identification sign may be permitted, subject to review and approval by the Planning Board and in accordance with the standards of § 94-62B(1)(d) of this chapter.
F. 
Site access and internal streets. There shall be at least one point of public access to an existing collector or major arterial road within the Borough. The approving authority shall reserve the right to require on-tract, off-tract and/or off-site road improvements to ensure safe and efficient ingress and egress to the site. All internal streets shall be designed in accordance with the Residential Site Improvement Standards. The ownership of the roads shall be determined at the time of site plan review by the approving authority.
G. 
Pedestrian facilities. Safe pedestrian access is required to link all developed components of the development and to the Borough's Downtown District. Sidewalks having a minimum width of four feet shall be provided along both sides of all internal streets, between parking areas, individual driveways and residential buildings, and between all residential buildings and recreation areas/community facilities. The entire pedestrian circulation network shall be provided with appropriately scaled lighting to ensure public health and safety.
H. 
Landscaping, street trees, and buffers. A landscape plan, prepared by a New Jersey certified landscape architect, shall be required to provide for the following:
(1) 
Off-street parking areas shall be screened to provide year-round landscaping and/or decorative fencing. All screening materials shall be planted/installed at a minimum height of five feet.
(2) 
Street trees, three to 3 1/2 inches caliper, B+B,[3] shall be installed on both sides of all streets, planted at a distance not to exceed 40 feet on center. Trees shall be generally spaced evenly along the street within a planting strip not less than five feet in width.
[3]
Editor's Note: The reference "B+B" means "balled and burlapped."
(3) 
The interior of stormwater basins shall be planted with the quantity of trees equal to the number of trees that would be necessary to cover the entire area, based upon a twenty-foot-by-twenty-foot grid to the high-water line or outflow elevation. Of this number, 10% shall be two inches to 2 1/2 inches caliper; 20% shall be one inch to two inches caliper; and 70% shall be six-foot-to-eight-foot-height whips. The trees shall be planted in groves and spaced five feet to 15 feet on center. The ground plane shall be seeded with a naturalization, wildflower and/or wet meadow grass mix. Wet-site-tolerant shrubs shall be massed around the basin(s). The specific blend shall be approved by the Borough Landscape Architect. All woody and herbaceous plants shall be species indigenous to the area and/or tolerant to typical wet/dry floodplain conditions.
(4) 
A landscape buffer, consisting of a combination of deciduous trees, conifers, shrubs, berms and, if appropriate, fences or walls in sufficient quantities and sizes to create a year-round screening, shall be provided within a minimum depth of 15 feet along all tract boundaries. An enhanced buffer beyond the minimum standard may be required by the Planning Board if it determines that the minimum requirements are not sufficient to provide adequate protection from the adverse impacts of factors external to the development site, including, but not limited to, noise and the visual impact of incompatible land uses. This shall include berms and/or wood or concrete fences.
I. 
Phasing plan. The developer may submit a phasing plan for approval by the Planning Board. The community center and all exterior recreational facilities shall be constructed and available for use by the residents no later than the point where 50% of the certificates of occupancy of the total approved residential units in the development have been issued.
J. 
Maintenance of common elements. Common open space and recreation facilities shall be owned in common by the residents of the planned age-restricted community and managed by a homeowners' association in accordance with the provisions of N.J.S.A. 40:55D-43. All open space and recreation areas shall be deed-restricted in a manner satisfactory to the Planning Board Attorney. The restrictions shall be sufficient to assure that the open space and recreation areas will be maintained and preserved for their intended purpose. Covenants or other legal arrangements, including homeowners' association documents, shall specify ownership of the area; method of maintenance, responsibility for maintenance, maintenance taxes, and insurance; compulsory membership and assessment provisions; and guarantees that any association formed to own and maintain the area will not be dissolved without the consent of the Planning Board.
K. 
Permanent deed restrictions. The developer shall submit a permanent deed restriction detailing on the deed for the entire tract and in the deeds for each individual lot, if applicable, within the development methods of implementing the age restriction to the Planning Board for its review and approval.
L. 
Homeowners' association. The applicant shall establish a homeowners' association for the planned age-restricted community. The association shall own and be responsible for the maintenance, repair and reconstruction of all commonly owned buildings, facilities and lands. At a minimum, all such lands shall include recreational areas, open space, and drainage facilities required by the Planning Board. Notification of the ownership and maintenance responsibilities of the homeowners' association for all recreation, security facilities and undeveloped open space shall be included in the contract of sale and deed of each residence. The documents creating a homeowners' association shall be approved by the Township Attorney prior to recording.
M. 
Age-restricted for dwelling unit occupancy. Approval of an age-restricted residential community shall require the placement of restrictive covenants, in a manner satisfactory to the Planning Board Attorney, on the deeds to all portions of a tract to ensure that occupancy will be limited to at least one member of the household 55 years of age or older with no children under 19 years of age in permanent residence, pursuant to the Federal Fair Housing Amendments Act of 1998, and any amendments thereto, including but not limited to the Housing for Older Persons Act of 1995. Irrespective of the Federal Fair Housing Amendments Act, there shall be no occupancy of any residential unit unless at least one member of the household, who is also a titleholder to the property, is 55 years of age or older.
[1]
Editor's Note: Former § 94-79.1, R-4A Mixed Multifamily Residence District, added 9-13-1983 by Ord. No. 20-83, was repealed 6-1-1993 by Ord. No. 17-93.
[Amended 11-9-1982 by Ord. No. 38-82]
A. 
Permitted uses.
[Amended 11-6-1989 by Ord. No. 15-89]
(1) 
This zone is limited to any use permitted and regulated in the B-2 Business District, as well as coal and lumber yards, commercial warehouses and amusement arcades, public garages, public utilities and industrial uses are also permitted.
(2) 
In addition to the foregoing permitted uses, any building within the B-1 Highway Business District may be used for any of the following purposes: automobile, truck and tractor service, repair and storage; warehousing; shops for knitting, sewing, hemming and other textile and fabric jobbing and light manufacture, exclusive of washing and dyeing; light machine work, toolmaking, bench work, light electronic, metal, wood or plastic fabrication and/or assembly thereof; and light industrial activities similar in kind and extent to any of the foregoing.
B. 
Required conditions.
(1) 
Height. No building shall exceed two stories or 28 feet in height, whichever is the lesser.
(2) 
Front yard. There shall be a minimum front yard setback of 25 feet.
(3) 
Side yard. All business buildings may be built without side yards, except, where a side yard in the business zone abuts a side yard in a residence zone, there shall be a minimum side yard of 10 feet.
(4) 
Rear yard. There shall be a rear yard of at least 10 feet unobstructed by buildings or other permanent structures.
A. 
Permitted principal uses.
[Amended 5-28-1985 by Ord. No. 7-85; 11-6-1989 by Ord. No. 15-89; 7-7-2009 by Ord. No. 8-2009]
(1) 
In the B-2 Central Business District, no lot shall be used and no structure shall be erected, altered or occupied for any purposes except as herein described. Permitted principal uses shall be limited to residential units (permitted on second and upper floors) and nonresidential uses shall be permitted in accordance with the restrictions set forth herein. The following establishments or uses shall be permitted except as the various establishment types are limited by the subsequent section describing prohibited uses. Any business not included below will require a use variance appeal.
(a) 
Retail trade stores shall be permitted and limited to furniture stores, window treatment stores, floor covering stores, all other home furnishing stores, household appliance stores, electronics stores (including television and radio sales), computer and software stores, camera and photographic supplies stores, paint and wallpaper stores, hardware stores, food and beverage stores, supermarkets and other grocery stores, convenience stores, meat markets, fish and seafood markets, fruit and vegetable markets, baked goods stores, confectionery and nut stores, all other specialty food stores, beer/wine and liquor stores, pharmacies and drugstores, cosmetic stores, beauty supplies and perfume stores, optical goods stores, health food and supplement stores, all other health and personal care stores (limited to convalescent supply stores, hearing aid stores, medical equipment and supplies stores, prosthetic stores, sick room supply stores), men's clothing stores, women's clothing stores, children's and infants' clothing stores, family clothing stores, clothing accessory stores (limited to apparel accessory stores, clothing accessories stores, costume jewelry stores, men's and boys' furnishings stores, women's and girls' furnishings stores, handbag stores, hat and cap stores, jewelry stores, neckwear stores, tie shops, wig and hairpiece stores), bridal gown shops (except custom bridal shops), coat stores, costume stores, dress shops, fur apparel stores, hosiery stores, leather coat stores, school uniform stores, swimwear stores, T-shirt shops, custom-printed T-shirt shops, uniform stores, shoe stores, jewelry stores, luggage and leather goods stores, sporting goods stores, hobby shops, toy and game stores, sewing and piece goods stores, musical instrument and supplies stores, bookstores, news dealers and newsstands, music shops, department stores, florists, office supplies and stationary stores, novelty and souvenir stores, pet and pet supplies stores, art dealers and tobacco stores
(b) 
Transportation and warehousing shall be permitted and limited to taxi services, limousine services, postal services and courier services.
(c) 
Publishing industries shall be permitted and limited to newspaper publishers, periodical publishers, book publishers, directory and mailing list publishers, software publishers, teleproduction and other post-production services, music publishers, Internet publishing and broadcasting, Internet service providers, data-processing, hosting and related services and libraries.
(d) 
Finance and insurance offices (including any FDIC-insured banks or lenders).
(e) 
Real estate rental and leasing offices.
(f) 
Professional, scientific and technical services offices shall be permitted and limited to businesses that provide research and analysis in economics, sociology and related fields, specifically broadcast media rating services, market research analysis services, opinion research services, political opinion polling services, public opinion polling services, public opinion research services, and statistical sampling services.
(g) 
Legal services offices shall be permitted and limited to offices of lawyers, notary public offices, paralegal services, patent agent services, process server offices, title abstract and settlement offices.
(h) 
Accounting, tax preparation, bookkeeping, and payroll services shall be permitted and limited to offices of certified public accountants, tax preparation services, payroll services, other accounting services, billing services, and bookkeepers' offices.
(i) 
Architectural, engineering and related services shall be permitted and limited to architectural services offices, landscape architectural services, engineering services, drafting services, building inspection services, geophysical surveying and mapping services, surveying and mapping services, testing laboratories, specialized design services, interior design services, industrial design services, graphic design services, computer systems design and related services, custom computer-programming services, computer systems design services, computer facilities management services, scientific and technical consulting services, management consulting services, administrative management and general management consulting services, human resources consulting services, marketing consulting services, physical distribution and logistics consulting services, environmental consulting services, scientific research and development services, research and development (specifically for physical, engineering, life sciences, social sciences and humanities), research and development in biotechnology, advertising agencies, public relations and related services, media-buying agencies, advertising material distribution services, marketing research and public opinion polling, photographic services, portrait photography studios, commercial photography, translation and interpretation services, veterinary services.
(j) 
Management of companies and enterprises shall be permitted and limited to establishments that hold the securities of (or other equity interests in) companies and enterprises for the purpose of owning a controlling interest or influencing management decisions or establishments that administer, oversee and manage establishments of the company or enterprise and that normally undertake the strategic or organizational planning and decisionmaking role of the company or enterprise.
(k) 
Education services shall be permitted and limited to establishments that provide instruction and training in a wide variety of subjects. This instruction and training is provided by specialized establishments, such as schools, colleges, universities, and training centers.
(l) 
Health care and social assistance shall be permitted and limited to physicians' offices, dental offices, offices of other health care practitioners, medical and diagnostic laboratories, home health care services, vocational rehabilitation services, day-care services, vocational rehabilitation services, individual and family services.
(m) 
Arts, entertainment and recreation shall be permitted and limited to theater companies and dinner theaters, dance companies, musical groups and artists, ice skating companies, ice skating shows, magic shows, comedy clubs, fitness and recreational sports centers.
(n) 
Accommodation and food services shall be permitted and limited to bed-and-breakfast inns, full-service restaurants, limited-service restaurants, cafeterias, snack and nonalcoholic beverage bars, and establishments that serve alcoholic beverages.
(o) 
Public administration shall be permitted and limited to public administration, government support, executive offices, legislative bodies, public finance activities, executive and legislative offices, American Indian and Alaska Native Tribal governments, other general government support, public order and safety activities, courts, police offices, legal counsel and prosecution, correctional institutions, parole offices and probation offices, fire protection, governmental administrative and regulation services, space research and technology, national security and international affairs.
(p) 
Other services shall be permitted and limited to establishments that provide consumer electronics repair and maintenance, computer and office machine repair and maintenance, communication equipment repair and maintenance, other electronic and precision equipment repair and maintenance, reupholstery and furniture repair, footwear and leather goods repair, other personal and household goods repair and maintenance. Personal care service providers, including barbershops, beauty salons, nail salons, diet and weight-reducing centers, shall be permitted as well as funeral homes and funeral services, coin-operated laundries and dry cleaners, dry-cleaning and laundry services, photo-finishing laboratories, parking lots and garages, religious organizations, civic and social organizations, agricultural organizations, animal breeders' associations, bankers' associations, better business bureaus, boards of trade, business associations, chambers of commerce, construction associations, contractors' associations, distributors' associations, farmers' associations, farmers' unions, growers' associations, hospital associations, industrial associations, insurers' associations, junior chambers of commerce, manufacturers' associations, merchants' associations, mining associations, producers' associations, public utility associations, real estate boards, restaurant associations, retailers' associations, service industries' associations, shipping companies' associations, trade associations, warehousing associations, wholesalers' associations, accountants' associations, architects' associations, bar associations, consultants' associations, dentists' associations, dietitians' associations, educators' associations, engineers' associations, health professionals' associations, hospital administrators' associations, learned societies, medical associations, nurses' associations, occupational therapists' associations, optometrists' associations, peer review boards, personnel management associations, pharmacists' associations, professional associations, professional standards review boards, psychologists' associations, scientific associations, social workers' associations, standards review committees, political campaign organizations, political party constituencies' associations, local political organizations, political action committees, political organizations or clubs, and political parties.
(2) 
Prohibited uses. The following uses are prohibited within the B-2 Central Business District:[1]
(a) 
Adult shops or adult media stores. An establishment offering goods for sale or rent that meets any of the following tests:
[1] 
The establishment offers for sale items, including adult media, leather goods marketed or presented in a context to suggest their use in sadomasochistic practices, and the combination of such items constitutes more than 10% of its stock, sales or its gross floor area;
[2] 
More than 5% of its stock consists of sexually oriented toys or novelties;
[3] 
More than 5% of its gross floor area is devoted to sexually oriented novelties or lingerie; or
[4] 
It advertises or otherwise conducts itself in any forum as "XXX," "adult," "sex" or otherwise as a sexually oriented business).
(b) 
Adult cabaret. A building or portion of a building regularly featuring dancing or other live entertainment if the dancing or entertainment that constitutes the primary live entertainment is distinguished or characterized by an emphasis on the exhibiting of specific sexual activities or specified anatomical areas for observation by patrons therein.
(c) 
Shops displaying or selling paraphernalia used for the ingestion or injection of illegal drugs, including but not limited to hookahs, bongs, water pipes, hashish pipes, ice pipes and cocaine kits.
(d) 
Massage parlors (including all noncertified and/or unlicensed medicinal massage therapy) operating without all certifications and licenses required by federal, state and local law.
(e) 
Tattoo and/or piercing parlors.
(f) 
Pawn shops and other institutions offering nondepository credit intermediation, primarily engaged in extending credit or lending funds raised by credit market borrowing.
(g) 
Establishments that advertise that more than 90% of the merchandise purchased in such establishment shall be sold for $1 or less.
[1]
Editor's Note: Former § 94-81A(2), which provided for additional permitted uses in the B-2 Central Business District, was repealed 8-6-1991 by Ord. No. 14-91.
(3) 
Those uses prohibited in the B-2 Central Business District as set forth in Subsection A(2) shall not be prohibited or restricted in the B-1 Central Business District.
B. 
Required conditions.
(1) 
Height. No building shall exceed a height of three stories or 45 feet, whichever is the lesser.
(2) 
Front yard. No building shall be constructed on a lot abutting Washington Avenue that is closer than 45 feet from the center line of Washington Avenue. No building shall be constructed on a lot abutting any street other than Washington Avenue that is closer than five feet from said street right-of-way.
(3) 
Side yards. All business buildings may be built without side yards, except where a side yard in the business zone abuts a side yard in a residence zone, there shall be a minimum side yard of 10 feet.
(4) 
Rear yard. There shall be a rear yard of at least 10 feet unobstructed by buildings or other permanent structures.
(5) 
Off-street parking. On-site parking is not required for any use permitted in this district when such use is located in an existing building, provided that there is no increase in gross floor area.
A. 
Permitted uses. This zone district permits dwellings as permitted and regulated in the R-3 District, as well as offices for executive or administrative purposes, groups of doctors, dentists, architects, engineers, attorneys, accountants, clinics with private dispensaries, insurance, institutional and real estate offices and a building used for both a separate dwelling and an office, without any requirement that the occupant of such dwelling be involved in the operation of the office.
[Amended 11-6-1989 by Ord. No. 15-89]
B. 
Required conditions.
(1) 
Height. No building shall exceed 2 1/2 stories or 35 feet in height, whichever is the lesser.
(2) 
Front yard. There shall be a front yard of not less than 25 feet, except that, where the existing buildings on the same side of the street and within 200 feet form an established setback, new buildings shall conform to such established line, provided that no new building may project closer than 20 feet to the front property line nor need be set back more than 35 feet from said property line. Off-street parking as required for nonresidential uses is permitted in the front yard, provided that no part of the parking area lies within the required front yard setback.
(3) 
Side yards. There shall be two side yards, and no side yard shall be less than six feet. Off-street parking as required for nonresidential uses is permitted in the side yard, provided that no part of the parking area lies within the required side yard setback.
(4) 
Rear yard. There shall be a rear yard of at least 25 feet. Off-street parking as required is permitted in the rear yard.
(5) 
Minimum lot area. Residential construction or conversion shall meet the minimum lot area requirements of the R-3 Residence District.
A. 
Permitted uses. This district permits offices of business and professional uses, research laboratories and selected industrial and manufacturing uses, as well as any business use as regulated in the B-1 District. The intensity of operations shall not exceed the limitations imposed by the performance standards set forth in this chapter.
B. 
Required conditions.
(1) 
Height. No structure shall exceed three stories or 45 feet in height, whichever is the lesser.
(2) 
Front yard. There shall be a front yard of not less than 50 feet. Parking areas as required shall be permitted in the front yard, provided that said area is at no point closer than five feet to any adjoining street right-of-way line. No parking area shall be nearer than five feet to any property line nor 10 feet to any building.
(3) 
Side yards. There shall be two side yards, and no side yard shall be less than 20 feet, provided that, if the lot has an average width of less than 200 feet, each side yard shall not be less than 10% of such average width, and further provided that no side yard shall be less than 10 feet. Parking as required may be permitted in the side yard, provided that no parking area is closer than five feet to any zone boundary line nor 10 feet to any building.
(4) 
Rear yard. There shall be a rear yard of at least 25 feet. The rear yard may be used for off-street parking, provided that no parking area shall be nearer than 10 feet to any building nor five feet to any zone boundary line.
[Added 2-7-1989 by Ord. No. 1-89; amended 11-6-1989 by Ord. No. 15-89]
A. 
A church, not combined with any dwelling on the lot except a rectory or parsonage in a building separate from the church and not combined with any commercial activity on the lot except occasional fund-raising activities, is permitted as a conditional use in all zone districts, provided that the following standards are met:
(1) 
The church is located on a collector street.
(2) 
The church is located on a lot whose lot area exceeds one acre.
B. 
A school, whether public or private, including an educational institution from grades 1 through 12, college and postgraduate, but excluding a day-care facility or nursery school, is permitted as a conditional use in all zone districts, provided that the following standards are met:
(1) 
The school is located on a collector street.
(2) 
The school is located on a lot whose area exceeds one acre.
C. 
Other than for lot area, the foregoing conditional uses shall comply with the height, yard and other applicable requirements of the zone district in which they are located. All such conditional uses are subject to site plan approval.
[Added 6-1-1993 by Ord. No. 17-93]
This zone district consists entirely of land which is in public ownership. Permitted uses and structures are all uses and structures maintained and utilized by public entities for public purposes. There are no specific zoning restrictions imposed on development so maintained and utilized by public entities.
[Added 2-3-2004 by Ord. No. 1-2004]
A. 
Purpose. The preservation, protection and enhancement of the Morris Canal are necessary because:
(1) 
The Morris Canal is recognized as a cultural resource of national importance by its inclusion on the State and National Registers of Historic Places.
(2) 
The Morris Canal was of great significance locally to the social and economic development of Warren County as a whole and of the individual municipalities, including the Borough of Washington, through which it passed and is so recognized by its inclusion in Warren County's Open Space Plan.
(3) 
The Morris Canal has environmental importance as a drainageway, water retention basin and, in many cases, as portion of valuable natural watersheds.
(4) 
The Morris Canal has been identified on the Washington Borough 2000 Master Plan Element of Conservation Plan and the Recreation and Open Space Element as an important open space link and passive recreational corridor.
B. 
Zone designations. The Morris Canal District is an overlay zone as shown on the attached map entitled "Morris Canal Historic Zone for Washington Borough, Warren County, New Jersey" prepared by Studer and McEldowney, P.A., dated November 7, 2003.[1] The designation of the Morris Canal District shall include:
(1) 
Portions of the canal rights-of-way containing towpath, levee and prism areas.
(2) 
Areas of special sensitivity as may be physically located within the district area as shown on the attached map entitled "Morris Canal Historic Zone for Washington Borough, Warren County, New Jersey" prepared by Studer and McEldowney, P.A., dated November 7, 2003, including, but not limited to, special features such as the inclined planes.
(3) 
Other features, but excluding buildings, as described in the Historic Preservation Survey of the Morris Canal in Warren County, New Jersey (1983) (copy available for review in the Borough Clerk's office) and as are physically located within the district area as shown on the attached map entitled "Morris Canal Historic Zone for Washington Borough, Warren County, New Jersey" prepared by Studer and McEldowney, P.A., dated November 7, 2003.
[1]
Editor's Note: Said map is on file in the Borough office.
C. 
Prohibitions. The following shall be prohibited in the Morris Canal District:
(1) 
Dumping, excavation, filling and/or destruction, both above and below ground.
(2) 
The issuance of building permits that would alter, modify, damage, destroy or otherwise have a negative impact on the Morris Canal District.
D. 
Driveways, underground utilities, sanitary and stormwater sewers, streets and similar structures. The crossing of and the excavation within the Morris Canal District for any of the above-mentioned purposes is to be allowed only when there is no feasible and prudent alternative and when such action is clearly in the public interest. Such work shall be done in such a manner as to minimize the disturbance or destruction of significant features, both above and below ground, and any such features disturbed or destroyed in such work are to be restored to their preexisting condition as closely as is feasibly possible.
E. 
Subdivisions and site plans. All applications to the Planning Board for subdivision or site plan approval that include areas within the Morris Canal District shall show the location of the district boundaries so that canal preservation issues can be properly considered and provided for. This requirement shall be added to the checklists for subdivision and site plans.
F. 
Remedies. In addition to fines and penalties which may be imposed for violation of the requirements of the Morris Canal District, violators of the provisions of this section shall be liable for the cost of restoring any destroyed canal-related feature to its previous condition and the attorneys' fees which are required to enforce the provisions hereof.
G. 
Enforcement. The Borough Zoning Officer shall be responsible for reviewing applications for zoning clearance to determine whether or not they comply with the requirements of this section, and any appeals relating thereto shall be to the Washington Borough Board of Adjustment under the provisions of N.J.S.A. 40:55D-70.
H. 
Exemptions. Any and all actions by the Borough of Washington shall be exempt from the provisions of this section, except as may be otherwise required by any other regulatory agencies.
[Added 8-16-2011 by Ord. No. 5-2011]
A. 
Purpose. The purposes of this section regulating small wind and solar energy systems ("110% production") are as follows:
(1) 
The primary purpose of a small wind energy system and small solar energy system will be to provide power for the principal use of the property whereon said system is to be located and shall not be for the generation of power for commercial purposes, although this provision shall not be interpreted to prohibit the sale of excess power generated from a small solar energy system to a supplier/provider. For the purposes of this chapter, the generation of power shall be limited to 110% of the average annual energy consumed for the principal use of the subject property.
(2) 
Small wind energy systems and small solar energy systems are permitted as an accessory use on the same lot as the principal use. All small wind and solar energy systems require approval from the Zoning Officer prior to installation. Applications for an energy system shall include information demonstrating compliance with the provisions of this chapter. In the event that the Zoning Officer does not believe the provisions of this chapter will be satisfied, an applicant may request a variance. Applicants within the Route 57 scenic corridor must demonstrate compliance with the requirements of the scenic corridor and may require outside agency approval.
(3) 
All applications for small wind and solar energy systems are to be submitted for site plan and/or variance and waiver review to the Planning Board or the Zoning Board, as necessary, when variance(s) and/or waiver(s) are requested.
B. 
Use regulations.
(1) 
Rooftop solar arrays for small solar energy systems are permitted as an accessory use in all zones.
(2) 
Ground-mounted solar arrays for small solar energy systems are permitted as an accessory use in all zones.
(3) 
Small wind energy systems are permitted as an accessory use in the I Industrial Zone.
C. 
Small solar energy systems (110% production).
(1) 
Rooftop solar arrays for small solar energy systems are permitted as an accessory use in all zones, subject to the following requirements:
(a) 
Rooftop solar arrays shall not exceed a height of 12 inches from the existing roof surface of a peaked roof and not exceed a height of four feet from the existing roof surface of a flat roof.
(b) 
In no event shall the placement of the solar arrays result in an overall height in excess of that permitted for the principal structure in the zone district in which the principal structure is located.
(2) 
Ground-mounted solar arrays for small solar energy systems are permitted as an accessory use in all zones, subject to the following requirements:
(a) 
Maximum size. No more than 10% of a lot may be devoted to a ground-mounted solar energy system; however, in no case shall a ground- mounted solar energy system exceed 2,500 square feet.
(b) 
Minimum setback. All ground-mounted solar energy systems shall have a distance of 10 feet from all property lines in residential zoning districts or 25 feet from any property line in commercial zoning districts.
(c) 
Ground-mounted solar energy systems shall not exceed a height of eight feet as measured from the grade plane to the highest point of the mounting equipment and/or panel(s), whichever is higher.
(d) 
Ground-mounted solar energy systems shall not be permitted in any front yard.
(e) 
Ground-mounted solar energy systems are permitted in the rear yard.
(f) 
Ground-mounted solar energy systems are permitted in side yards, if screened from the street and adjacent properties by evergreen landscaping to create a continuous buffer.
(g) 
Ground arrays shall not contribute to impervious surface calculations, unless installed above an impervious surface.
D. 
Small wind energy systems (110% production).
(1) 
Small wind energy systems are permitted as an accessory use in the I Industrial Zone, subject to the following requirements:
(a) 
Maximum density. Maximum density of wind turbines shall not exceed one turbine per five acres. More than one wind energy systems may be permitted per property, provided the overall density of one turbine per five acres is maintained.
(b) 
Maximum height. System height shall not exceed 125 feet, measured from the grade plane to the height of the blades at their highest point.
(c) 
Minimum setbacks. All wind energy systems shall be set back from all property lines a distance equal to 150% of the system height, including the blades of the turbine at their highest point.
(d) 
Separation distance. All wind energy systems shall be set back from all other wind energy systems a distance equal to 100% of the system height, including the blades of the turbine at their highest point.
(e) 
Wind energy systems shall not be permitted in any front yard.
(f) 
Wind energy systems shall not be permitted as a rooftop installation.
(g) 
All moving parts of the wind energy system shall be a minimum of 30 feet above ground level.
(h) 
Any tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground.
(i) 
All guy wires or any part of the wind energy system shall be located on the same lot as the wind energy system.
(2) 
Noise. All wind energy systems shall comply with the following requirements:
(a) 
Adjacent to a residential use or zone, sound levels of the wind energy system shall not exceed 55 dBA at a common property line and 50 dBA to the closest occupied structure.
(b) 
In all other cases, at a common property line sound levels of the wind energy system shall not exceed 65 dBA.
E. 
Abandonment.
(1) 
In the case that any small wind or small solar energy system, as defined herein, is out of service for a continuous twelve-month period, it will be deemed to have been abandoned.
(2) 
The Zoning Officer or other enforcement official of the Borough may issue a "notice of abandonment" to the owner. The notice shall be sent via regular and certified mail, return receipt requested, to the owner of record.
(3) 
Any abandoned small wind or solar energy system, as defined herein, shall be removed at the owner's sole expense within six months after the owner receives the "notice of abandonment" from the municipality. If the system is not removed within six months of receipt of notice from the Borough notifying the owner of such abandonment, the Borough may remove the system as set forth below.
(4) 
When an owner of a small energy system, as defined herein, has been notified to remove same and has not done so six months after receiving said notice, then the Borough may remove such system and place a lien upon the property for the cost of the removal and restoration. If removed by the owner, a demolition permit shall be obtained and the facility shall be removed. Upon removal, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at the time of abandonment.
F. 
Design and improvement standards. Standards specifically regulating wind and solar energy and production systems are detailed in § 94-69.1.