Township of Eagleswood, NJ Official Zoning Map; Establishment of Zones

In order to regulate and limit the heights and size of buildings; to regulate and limit the intensity of the use of land; to regulate and determine the areas of open spaces surrounding buildings; and to classify, regulate and restrict the location of trades and industries and the location of the buildings designed for specified industrial, business, residential and other uses, the Township of Eagleswood is hereby divided into zones, which shall be known as:

RC	Residential District
R-A5	Residential District
R-A3	Residential District
R-1	Residential District
R-3	Residential District
R-2AH	Residential District
C-1	Marine Commercial District
C-2	Highway Commercial District
C-2/V	Highway Commercial/Village Zone District
C-3	Neighborhood Commercial District
LB	Limited Business Zone
PA	Preservation Area
FA	Forest Area
R/R-OS	Resort/Recreation-Open Space District
	Airport Safety Hazard Overlay Zone

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 295-3 Official Zoning Map.

The boundaries of the various zones established herein are shown upon the map accompanying this chapter, made a part thereof and entitled "Official Zoning Map of Eagleswood Township." The Zoning Map and all notations, references and other information shown thereon are a part of this chapter and are as much a part as if such information set forth on said map were fully described and set forth herein. This Zoning Map, properly attested, is on file in the office of the Township Clerk.

§ 295-4 Zoning considerations.

In the creation of the respective zones by this chapter, careful consideration to the peculiar suitability of each and every zone for the particular regulations applied thereto and the necessary, proper and comprehensive grouping and arrangements of the various uses and densities of population has been given.

§ 295-5 Interpretation of zone boundaries.

Where uncertainty exists as to boundaries of any zone shown on the Official Zoning Map, the following rules shall apply:

Where such zone boundaries are indicated as approximately following street lines, streams or lot lines, such lines shall be such boundaries.

In unsubdivided property where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the map.

Where any street is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment.

Where a question arises as to the exact location of a district boundary line, the Land Use Board shall make the final determination in accordance with such rules and regulations as it may hereafter adopt.

§ 295-6 RC Residential Conservation District.

[Added 12-16-2002 by Ord. No. 2002-14[1]]

Purpose. The purpose of this zone district is to recognize the environmental sensitivity of the freshwater and tidal wetlands areas of Eagleswood Township and the ecological importance for the coastal areas for wildlife management. This zone district is to provide for public open space and low-density residential uses.

Permitted principal uses of buildings and structures are as follows:

(1)

Detached single-family dwelling units.

(2)

Federal, state, county and municipal buildings, facilities and open space preserves.

(3)

Essential services.

Permitted accessory uses of building and structures are as follows:

(1)

Off-street parking and loading areas.

(2)

Private residential swimming pools and tennis courts.

(3)

Storage sheds.

(4)

Detached garages.

Permitted conditional uses, subject to the provisions of Article IV of this chapter are as follows:

(1)

Churches and nonprofit private schools.

(2)

Campgrounds in existence at the time of the adoption of this chapter.

(3)

Home occupations in accordance with the provisions of § 295-32B.

(4)

Home professional offices in accordance with the provisions of § 295-32A.

(5)

Private parks and playgrounds or private clubs operated for gain or that charge a fee for membership privileges.[2]

[2]

Editor's Note: Original § 103-6D(6), regarding single-family dwellings on lots with a minimum of one acre, and original § 103-6D(7), regarding single-family dwellings on lots with a minimum of two acres, which immediately followed this subsection, were repealed 4-27-2009 by Ord. No. 2009-02.

(6)

Public utilities.

Area, yard and building requirements:

(1)

Minimum lot area: 10 acres.

(2)

Minimum lot width: 200 feet.

(3)

Minimum lot depth: 200 feet.

(4)

Minimum front yard setback: 50 feet.

(5)

Minimum side yard setback: 25 feet.

(6)

Minimum combined side yard setback: 50 feet.

(7)

Minimum rear yard setback: 50 feet.

(8)

Minimum accessory building side and rear yard setbacks: 15 feet.

(9)

Maximum principal building height: 35 feet.

(10)

Maximum accessory building height: 24 feet.

(11)

Maximum lot coverage: 3%.

(12)

Lot frontage: 160 feet.

[Added 4-25-2005 by Ord. No. 2005-7]

Permitted signs.

(1)

Signs advertising the sale, rent or lease of the land or buildings upon which such signs are located. Such signs shall not exceed eight square feet in area, shall be distant from the street line not less than 1/2 of the front yard depth and shall not be illuminated.

(2)

Signs or bulletin boards not exceeding 20 square feet in area, identifying a public building, project, school or similar use. Such signs shall be solely for the purpose of displaying the name of the building or institution and its activity or service. They may be illuminated but not flashing.

(3)

A sign or nameplate, nonilluminated, identifying the owner or occupant of the building or dwelling unit, provided that the surface area does not exceed six square feet on any one side.

(4)

Signs of a temporary nature that identify an engineering or architectural contractor engaged in the construction of a building, provided that the surface of such signs shall not exceed or total more than 32 square feet in area, and provided that such signs are removed prior to occupancy of the building.

[1]

Editor's Note: This ordinance also repealed original § 103-6, RA Residential District, as amended by Ord. Nos. 8-84, 9-86 and 12-87.

§ 295-7 R-A5 Residential District.

[Added 12-16-2002 by Ord. No. 2002-14]

The purpose of this zone district is to recognize the lack of suitable access and infrastructure in certain sections of the Township, regional planning designations, to encourage development in centers and areas of suitable access and infrastructure and to provide for an appropriate rural residential density and uses.

Permitted principal uses of buildings and structures are as follows:

(1)

Detached single-family dwelling units.

(2)

All farm and agricultural activities, provided that no buildings shall be permitted within 50 feet of any property line.

(3)

Stables housing horses for private use, provided that no building shall be located within 50 feet of any lot line.

(4)

Recreational facilities.

(5)

Federal, state, county and municipal buildings and grounds, including public schools and public parks and playgrounds.

(6)

Essential services.

Permitted accessory uses of building and structures are as follows:

(1)

Private swimming pools and tennis courts.

(2)

Detached garages.

(3)

Storage sheds.

Permitted conditional uses, subject to the provisions of Article IV of this chapter, are as follows:

(1)

Churches and nonprofit private schools.

(2)

Home occupations in accordance with the provisions of § 295-32B.

(3)

Home professional offices in accordance with the provisions of § 295-32A.

(4)

Private parks and playgrounds or private clubs operated for gain or that charge a fee for membership privileges.

(5)

Public utilities.

Area, yard and building requirements.

(1)

Minimum lot area: five acres.

(2)

Minimum lot width: 200 feet.

(3)

Minimum lot depth: 200 feet.

(4)

Minimum front yard setback: 50 feet.

(5)

Minimum side yard setback: 25 feet.

(6)

Minimum combined side yard setback: 50 feet.

(7)

Minimum rear yard setback: 50 feet.

(8)

Minimum accessory building side and rear yard setbacks: 15 feet.

(9)

Maximum principal building height: 35 feet.

(10)

Maximum accessory building height: 24 feet.

(11)

Maximum lot coverage: 3%.

(12)

Lot frontage: 160 feet.

[Added 4-25-2005 by Ord. No. 2005-7]

Permitted signs.

(1)

(2)

(3)

A sign or nameplate, nonilluminated, identifying the owner or occupant of the building or dwelling unit, provided that the surface area does not exceed six square feet on any one side.

(4)

§ 295-8 R-A3 Residential District.

[Added 12-16-2002 by Ord. No. 2002-14]

Purpose. The purpose of this zone district is to recognize the lack of suitable access and infrastructure in certain sections of the Township, regional planning designations, to encourage development in centers and areas of suitable access and infrastructure and to provide for an appropriate rural residential density and uses.

Permitted principal uses of buildings and structures are as follows:

(1)

Detached single-family dwelling units.

(2)

All farm and agricultural activities, provided that no building shall be permitted within 50 feet of any property line.

(3)

Stables housing horses for private use, provided that no building shall be located within 50 feet of any lot line.

(4)

Recreational facilities.

(5)

Federal, state, county and municipal buildings and grounds, including public schools and public parks and playgrounds.

(6)

Essential services.

Permitted accessory uses of building and structures are as follows:

(1)

Private residential swimming pools and tennis courts.

(2)

Storage shed.

(3)

Detached garage.

Permitted conditional uses, subject to the provisions of Article IV of this chapter, are as follows:

(1)

Churches and nonprofit private schools.

(2)

Home occupations in accordance with the provisions of § 295-32B.

(3)

Home professional offices in accordance with the provisions of § 295-32A.

(4)

Private parks and playgrounds or private clubs operated for gain or that charge a fee for membership privileges.

(5)

Public utilities.

Area, yard and building requirements.

(1)

Minimum lot area: three acres.

(2)

Minimum lot width: 200 feet.

(3)

Minimum lot depth: 200 feet.

(4)

Minimum front yard setback: 50 feet.

(5)

Minimum side yard setback: 25 feet.

(6)

Minimum combined side yard setback: 50 feet.

(7)

Minimum rear yard setback: 50 feet.

(8)

Minimum accessory building side and rear yard setbacks: 15 feet.

(9)

Maximum principal building height: 35 feet.

(10)

Maximum accessory building height: 24 feet.

(11)

Maximum lot coverage: 3%.

(12)

Lot frontage: 160 feet.

[Added 4-25-2005 by Ord. No. 2005-7]

Permitted signs.

(1)

(2)

(3)

A sign or nameplate, nonilluminated, identifying the owner or occupant of the building or dwelling unit, provided that the surface area does not exceed six square feet on any one side.

(4)

§ 295-9 R-1 Residential Zone.

[Amended 7-6-1979 by Ord. No. 7-79; 6-22-1982 by Ord. No. 8-82; 12-11-1984 by Ord. No. 8-84; 9-8-1987 by Ord. No. 12-87]

Permitted uses.

(1)

Single-family dwellings.

(2)

Public schools.

(3)

Public parks and playgrounds.

[Amended 12-16-2002 by Ord. No. 2002-14]

(4)

Accessory uses and buildings.

(5)

Municipal buildings deemed necessary by the Township of Eagleswood.

Conditional uses, subject to the provisions of Article IV of this chapter.

(1)

Necessary public utilities.

(2)

Public governmental buildings other than those required by the Township.

(3)

Church and nonprofit private schools.[1]

[1]

Editor's Note: Original § 103-7B(4), which immediately followed this subsection, was repealed 2-15-1996 by Ord. No. 9-96.

(4)

Home occupations (§ 295-32B).

(5)

Home professional offices (§ 295-32A).

Minimum building size and height limit.

(1)

Residential dwellings: 35 feet.

(2)

Accessory buildings: 24 feet.

(3)

Minimum gross habitable floor area.

(a)

One-bedroom dwelling: 800 square feet.

(b)

Two-bedroom dwelling: 900 square feet.

(c)

Three-bedroom dwelling: 1,000 square feet.

(d)

Four-or-more-bedroom dwelling: 1,100 square feet.

Minimum lot requirements.

(1)

Lot area: one acre.

(2)

Lot width: 150 feet.

(3)

Minimum lot frontage.

(a)

Interior lot: 75 feet.

(b)

Corner lot: 125 feet on both streets.

Minimum yard requirements.

(1)

Front yard: 40 feet; except on major streets: 60 feet.

(2)

Rear yard: 30 feet.

(3)

Side yard: 15 feet.

(4)

Accessory buildings, unattached.

(a)

Side: eight feet.

(b)

Rear: 10 feet.

Permitted signs.

(1)

(2)

Signs or bulletin boards not exceeding 20 square feet in area, identifying a public building project, school or similar use. Such signs shall be solely for the purpose of displaying the name of the building or institution and its activity or service. They may be illuminated but not flashing.

(3)

A sign or nameplate, nonilluminated, identifying the owner or occupant of the building or dwelling unit, provided that the surface area does not exceed six square feet on any one side.

(4)

[2]

Editor's Note: Original § 103-7G, which immediately followed this subsection, was repealed 8-9-1988 by Ord. No. 22-88.

§ 295-10 R-3 Residential Zone.

[Amended 12-11-1984 by Ord. No. 8-84; 9-8-1987 by Ord. No. 12-87]

Permitted uses.

(1)

Single-family dwellings.

(2)

Public schools.

(3)

Public parks and playgrounds.

[Amended 12-16-2002 by Ord. No. 2002-14]

(4)

Accessory uses and buildings.

(5)

Municipal buildings deemed necessary by the Township of Eagleswood.

(6)

Bed-and-breakfast in accordance with Article XIII of this chapter and the guidelines set forth in §§ 295-89 through 295-92.

[Added 12-16-2002 by Ord. No. 2002-14]

Conditional uses, subject to the provisions of Article IV of this chapter.

(1)

Necessary public utilities.

(2)

Public or governmental buildings other than those required by the Township.

(3)

Church and nonprofit private schools and cemeteries.[1]

[1]

Editor's Note: Original § 103-8B(4), which immediately followed this subsection, was repealed 2-15-1996 by Ord. No. 9-96.

(4)

Home occupations (§ 295-32B).

(5)

Home professional offices (§ 295-32A).

Minimum building size and height limit.

(1)

Residential dwellings: 35 feet.

(2)

Accessory buildings: 24 feet.

(3)

Minimum gross habitable floor area.

(a)

One-bedroom dwelling: 800 square feet.

(b)

Two-bedroom dwelling: 900 square feet.

(c)

Three-bedroom dwelling: 1,000 square feet.

(d)

Four-or-more-bedroom dwelling: 1,100 square feet.

Minimum lot requirements.

(1)

Lot area: 15,000 square feet.

(2)

Lot width: 90 feet.

(3)

Minimum lot frontage.

(a)

Interior lot: 50 feet.

(b)

Corner lot: 100 feet on both streets.

Minimum yard requirements.

(1)

Front yard: 40 feet; except on major streets: 60 feet.

(2)

Rear yard: 30 feet.

(3)

Side yard: 15 feet.

(4)

Accessory buildings, unattached.

(a)

Side: five feet.

(b)

Rear: 10 feet.

Permitted signs.

(1)

Signs advertising the sale, rent or lease of land or buildings upon which such signs are located. Such signs shall not exceed eight square feet in area, shall be distant from the street line not less than 1/2 of the front yard depth and shall not be illuminated.

(2)

(3)

A sign or nameplate, nonilluminated, identifying the owner or occupant of the building or dwelling unit, provided that the surface area does not exceed six square feet on any one side.

(4)

§ 295-11 R-2AH Residential Zone.

[Added 6-27-2005 by Ord. No. 2005-9; amended 8-22-2005 by Ord. No. 2005-12]

The R-2AH Residential Zone shall consist of Block 4, Lot 211 as shown on the Tax Map of the Township of Eagleswood.

Permitted uses.

(1)

Single-family dwellings.

(2)

Public schools.

(3)

Public parks and playgrounds.

(4)

Accessory uses and buildings.

(5)

Municipal buildings deemed necessary by the Township of Eagleswood.

Conditional uses, subject to the provisions of Article IV of this chapter.

(1)

Necessary public utilities.

(2)

Public or governmental buildings other than those required by the Township.

Maximum building size and height limit.

(1)

Residential dwellings: 35 feet.

(2)

Accessory buildings: 12 feet.

(3)

Minimum gross habitable floor area:

(a)

One-bedroom dwelling: 800 square feet.

(b)

Two-bedroom dwelling: 900 square feet.

(c)

Three-bedroom dwelling: 1,000 square feet.

(d)

Four-or-more-bedroom dwelling: 1,100 square feet.

Minimum lot requirements.

(1)

Lot area: 20,000 square feet.

(2)

Lot width: 90 feet.

(3)

Let depth: 200 feet.

(4)

Minimum lot frontage: 80 feet.

Minimum yard requirements.

Front yard: 40 feet.

Rear yard: 30 feet.

Side yard: 12 feet.

Accessory buildings, unattached.

(a)

Side: five feet.

(b)

Rear: 10 feet.

(5)

Setbacks from Route 9.

(a)

Principal buildings: 100 feet.

(b)

Accessory buildings: 50 feet.

Permitted signs.

(1)

(2)

(3)

A sign or nameplate, nonilluminated, identifying the owner or occupant of the building or dwelling unit, provided that the surface area does not exceed six square feet on any one side.

(4)

Affordable housing. Notwithstanding any other chapter provisions, a developer of residential housing units within this zone, in lieu of setting aside housing units for low- and moderate-income households, may by agreement with the municipality make a payment into the Township of Eagleswood municipal affordable housing trust fund.

Culs-de-sac. Notwithstanding any other chapter provisions, the maximum cul-de-sac length shall be 1,500 feet.

Nonapplicability of certain chapter provisions. Notwithstanding any other chapter provisions, chapter provisions governing tree removal or tree restoration by landscaping or reforestation shall not be applicable to development in this zone district.

§ 295-12 C-1 Marine Commercial District.

[Amended 7-10-1984 by Ord. No. 5-84; 12-11-1984 by Ord. No. 8-84; 9-8-1987 by Ord. No. 12-87]

Permitted uses.

(1)

Single-family dwellings.

(2)

Boat sales, rental and repairs; service and retail sale of bait and tackle.

(3)

Marine accessories, hardware and fuel and service.

(4)

Boat yards and marinas.

(5)

Restaurants and food stores, which include places for the sale of soft drinks, ice cream, etc.

(6)

Uses of local, neighborhood marine-oriented business nature.

(7)

Radio equipment sales and service.

(8)

Home occupation.

[Added 5-15-1997 by Ord. No. 8-97; amended 12-16-2002 by Ord. No. 2002-14[1]]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(9)

Bed-and-breakfast in accordance with Article XIII of this chapter and the guidelines set forth in §§ 295-89 through 295-92.

[Added 12-16-2002 by Ord. No. 2002-14]

Conditional use.[2]

[2]

Editor's Note: None listed in text of original ordinance or amendment thereto.

Building height limit and area.

(1)

Not to exceed 35 feet.

(2)

Commercial business and professional buildings shall have a minimum of 860 square feet.

(3)

Minimum floor area per unit.

(a)

One-story, one-bedroom: 700 square feet.

(b)

One-story, two-bedroom: 800 square feet.

(c)

One-story, three-bedroom: 900 square feet.

(d)

Two-story: same square footage as one-story, provided the minimum first-story elevation is 75% of the total square footage.

Minimum lot requirements.

(1)

Lot area: 10,000 square feet.

(2)

Lot width: 80 feet.

(3)

Lot depth: 100 feet.

(4)

Minimum lot frontage: 80 feet.

Minimum yard requirements.

Front: 40 feet.

Rear: 30 feet.

Side: 12 feet.

Accessory buildings, unattached.

(a)

Side: 10 feet.

(b)

Rear: 10 feet.

(c)

Height: 24 feet.

[Added 5-22-2006 by Ord. No. 2006-11]

Off-street parking shall be as provided in § 295-27.

Permitted signs.

(1)

A business or advertising freestanding sign not in excess of 32 square feet in surface area per side that may advertise trade names, products and prices.

[Amended 5-15-1997 by Ord. No. 8-97]

(2)

One wall sign shall be permitted for each principal use in a building. However, wall signs shall not extend more than 12 inches from the face of the building, nor shall same exceed 20% of the wall area.

(3)

Flashing signs or signs with intermittent or moving illumination of any kind shall be prohibited.

(4)

No part of any sign shall be closer than 10 feet to a street right-of-way line or 10 feet to any lot line.

(5)

No person shall place, maintain or display, upon or in view of any street, any unauthorized sign, signal, marking or device which is an imitation of or resembles an official traffic control device or railroad sign or signal or which attempts to disrupt the movement of traffic. No person shall place, maintain or display any sign which hides from view or interferes with the movement of traffic or the effectiveness of any traffic control device.

(6)

No sign shall be constructed or erected above the permitted building height limit, nor shall any sign be erected on or be attached to a roof of any building.

Notwithstanding the provisions of this section, a building permit for the construction of one single-family residence and permitted accessory uses may be issued for such construction on existing tax lots of record on May 1, 1984, provided the following conditions can be met:

(1)

The lot has a minimum of 40 feet of frontage on an improved public street;

(2)

The lot has a minimum area of 4,000 square feet;

(3)

Minimum front yard setback is 20 feet; and

(4)

Minimum side yard setback is five feet, and the combined side yard setback is 15 feet.

§ 295-13 C-2 Highway Commercial District.

[Amended 12-11-1984 by Ord. No. 8-84; 9-8-1987 by Ord. No. 12-87]

Permitted uses.

(1)

Any use permitted in the C-1 and C-3 Districts, with the exception of residential uses, which shall not be permitted. All residential uses existing prior to April 27, 2009, shall be considered permitted uses and may proceed with applications or permits as long as they comply with the regulations established within Chapters 285 and 295.

[Amended 4-27-2009 by Ord. No. 2009-02]

(2)

Auto, truck and trailer sales, service, storage, repair, parking or sales lots for new or used vehicles, provided that dismantled or junked cars unfit for operation on the highway shall not be stored therein.

(3)

Automobile service stations, provided that all gasoline pumps or appliances for dispensing gasoline which are installed outside of enclosed buildings shall be located not less than 30 feet from the street right-of-way.

(4)

Bakeries, whose products may be sold at retail or wholesale.

(5)

Department stores and retail stores.

(6)

Drive-ins and open-air restaurants.

(7)

Boat sales and service establishments and marinas.

(8)

Bowling alleys.[1]

[1]

Editor's Note: Original § 103-10A(9), which immediately followed this subsection, was repealed 5-20-2002 by Ord. No. 2002-2.

(9)

Offices of a commercial nature, where the business conducted on the premises is entirely within a completely enclosed building or where there is no storage of supplies or equipment on any required front or side yard. Contractor storage and warehousing shall not be considered a permitted use.

[Amended 4-24-2006 by Ord. No. 2006-9]

(10)

Sales, service and repair establishments dealing with cabinets and electrical, heating, air-conditioning, plumbing or printing equipment.

(11)

Liquor stores, taverns or bars.

(12)

Restaurants, diners, etc., including the sale of alcoholic beverages.

(13)

Home occupation.

[Amended 12-16-2002 by Ord. No. 2002-14[2]]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(14)

Health-care facility.

[Amended 12-16-2002 by Ord. No. 2002-14]

(15)

Bed-and-breakfast in accordance with Article XIII of this chapter and the guidelines set forth in §§ 295-89 through 295-92.

[Added 12-16-2002 by Ord. No. 2002-14]

Conditional use.[3]

[3]

Editor's Note: None listed in text of original ordinance.

Building height limit shall not exceed 45 feet.

Minimum lot requirements.

(1)

Lot area: 30,000 square feet.

(2)

Minimum lot width: 150 feet.

(3)

Lot depth: 150 feet.

(4)

Minimum lot frontage: 150 feet.

Minimum building setbacks.

(1)

Front: 30 feet.

[Amended 4-27-2009 by Ord. No. 2009-02]

(2)

Rear: 30 feet.

(3)

Side: 20 feet.

(4)

Accessory buildings, unattached.

(a)

Side: 10 feet.

(b)

Rear: 10 feet.

(c)

Height: 24 feet.

[Added 5-22-2006 by Ord. No. 2006-11]

Off-street parking shall be as provided in § 295-27.

Permitted signs.

(1)

A business or advertising freestanding sign not in excess of 32 square feet in surface area per side that may advertise trade names, products and prices.

[Amended 5-15-1997 by Ord. No. 8-97]

(2)

A shopping center shall be permitted two freestanding business signs each not over 32 square feet in surface area per side. No part of either sign shall be closer than 10 feet from a street right-of-way line or 10 feet from a side lot line. When only one such identification sign is erected, the total surface area may be increased by 50%.

(3)

No part of any sign shall be closer than 10 feet to a street right-of-way line or 10 feet to a side lot line.

[Amended 5-15-1997 by Ord. No. 8-97]

(4)

One wall sign shall be permitted for each principal use contained within a building. Wall signs, however, shall not extend more than 12 inches from the face of the building, nor shall the same exceed 20% of the area of the wall upon which the sign is mounted.

[Added 5-15-1997 by Ord. No. 8-97]

(5)

Flashing signs or signs with intermittent or moving illumination of any kind shall be prohibited.

[Added 8-22-2005 by Ord. No. 2005-14]

§ 295-14 C-2/V Highway Commercial/Village.

[Added 12-16-2002 by Ord. No. 2002-14]

Purpose. The purpose of the Highway Commercial/Staffordville Village Zone District is to provide a compact core of commercial and mixed use land uses offering services, employment and community activities for the residents of Staffordville and the surrounding area. The zone district is intended to be pedestrian-oriented and contain public facilities. In accordance with these public purposes, development, redevelopment and reuse applications are encouraged to implement the municipal goals of this district through the following measures:

(1)

Shared parking facilities, cross-access easements between parking areas.

(2)

Parking situated in the rear or sides of buildings to enhance pedestrian access.

(3)

Access walkways from one building to another, where appropriate, to encourage pedestrian circulation.

(4)

Streetscape features, including sidewalks, sitting areas (benches or ledges) or small semipublic areas, to enhance pedestrian usage.

(5)

Architectural treatments, which are compatible with the surrounding uses, complementary to the Village Center and consistent with the Township's history and character.

(6)

Landscaped and green areas around buildings and within parking areas which exceed municipal standards.

Permitted principal uses of buildings and structures are as follows:

(1)

[Amended 4-27-2009 by Ord. No. 2009-02]

(2)

(3)

(4)

Bakeries, whose products may be sold at retail or wholesale.

(5)

Department stores and retail stores.

(6)

Drive-ins and open-air restaurants.

(7)

Boat sales and service establishments and marinas.

(8)

Bowling alleys.

(9)

[Amended 4-24-2006 by Ord. No. 2006-9]

(10)

Sales, service and repair establishments dealing with cabinets and electrical, heating, air-conditioning, plumbing or printing equipment.

(11)

Liquor stores, taverns or bars.

(12)

Restaurants, diners, etc., including the sale of alcoholic beverages.

(13)

Home occupation.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Permitted accessory uses of buildings and structures are as follows:

(1)

Parking and loading facilities.

(2)

Storage sheds.

Permitted conditional uses, in accordance with Article IV of this chapter, are as follows:

(1)

An owner-occupied single-family residential unit as an upper-floor use above a specified nonresidential use otherwise permitted in the C-2/V Zone, and further provided that:

(a)

The nonresidential use shall be located on the ground-floor level.

(b)

Separate access for the residential use is provided.

(c)

Off-street parking for the residential unit is provided in accordance with the New Jersey Residential Site Improvement Standards, N.J.A.C. 5:21, as amended.

(d)

Minimum residential unit requirements. The residential unit shall contain complete kitchen, toilet, bathing, sleeping facilities and living space.

(e)

In no case shall there be more than one residential unit per structure or lot.

(f)

An owner-occupied single-family residential unit shall only be allowed over the following permitted uses:

[1]

Boat sales, service and retail sales of bait and tackle.

[2]

Restaurants.

[3]

Radio equipment sales and service.

[4]

Bakeries.

[5]

Retail stores.

[6]

Commercial and professional offices.

[7]

Sales, service and repair establishments dealing with cabinets and electrical, heating, air-conditioning, plumbing or printing equipment.

[8]

Barbershops or beauty parlors.

Catering business.

Food stores.

Funeral homes.

Hardware and furniture stores.[2]

[2]

Editor's Note: Original § 103-10.1D(l)(f)[13], Laundromats and coin-operated dry-cleaning units, which immediately followed this subsection, was repealed 4-27-2009 by Ord. No. 2009-02.

[13]

Photography studios.

[14]

Hobby or novelty shops.

[15]

Shops for the repair of bicycles, shoes, watches, locks, electrical and radio equipment or similar commodities and small appliances.

[16]

Tailoring and dressmaking, but not laundromats and dry-cleaning establishments.

[Amended 4-27-2009 by Ord. No. 2009-02]

[17]

Taxis, autocabs, limousine and livery services.

Minimum lot requirements.

(1)

Lot area: 30,000 square feet.

(2)

Minimum lot width: 150 feet.

(3)

Lot depth: 150 feet.

(4)

Minimum lot frontage: 150 feet.

Minimum building setbacks.

(1)

Front: 30 feet.

[Amended 4-27-2009 by Ord. No. 2009-02]

(2)

Rear: 30 feet.

(3)

Side: 20 feet.

(4)

Accessory buildings, unattached.

(a)

Side: 10 feet.

(b)

Rear: 10 feet.

(c)

Height: 24 feet.

[Added 5-22-2006 by Ord. No. 2006-11]

Off-street parking shall be as provided in § 295-27.

Permitted signs.

(1)

A business or advertising freestanding sign not in excess of 32 square feet in surface area per side that may advertise trade names, products and prices.

(2)

A shopping center shall be permitted two freestanding business signs, each not over 32 square feet in surface area per side. No part of either sign shall be closer than 10 feet from a street right-of-way line or 10 feet from a side lot line. When only one such identification sign is erected, the total surface area may be increased by 50%.

(3)

No part of any sign shall be closer than 10 feet to a street right-of-way line or 10 feet to a side lot line.

(4)

(5)

Flashing signs or signs with intermittent or moving illumination of any kind shall be prohibited.

[Added 8-22-2005 by Ord. No. 2005-14]

Building height shall not exceed 45 feet.

[Added 9-22-2003 by Ord. No. 2003-11]

§ 295-15 C-3 Neighborhood Commercial District.

[Amended 12-11-1984 by Ord. No. 8-84; 9-8-1987 by Ord. No. 12-87; 12-16-2002 by Ord. No. 2002-14]

Purpose. The purpose of the C-3 Neighborhood Commercial District, the West Creek Village, is to implement the intent of the Master Plan and provide a compact core of commercial and mixed uses, such as commercial, office and cultural, and offer services, employment and community activities to the residents of West Creek and the surrounding area. The zone district is intended to be pedestrian-oriented and contain public facilities. In accordance with these public purposes, development, redevelopment and reuse applications are encouraged to implement the municipal goals of this district through the following measures:

(1)

Shared-parking facilities and cross-access easements between parking areas.

(2)

Parking situated in the rear or sides of buildings to enhance pedestrian access.

(3)

Access walkways from one building to another, where appropriate, to encourage pedestrian circulation.

(4)

Streetscape features, including street trees and landscaping, brick pavers, sidewalks, sitting areas (benches or ledges) or small semipublic areas, to enhance pedestrian usage.

(5)

Architectural treatments, which are compatible with the surrounding uses, complementary to the Village Center and consistent with the Township's history and character.

(6)

Landscaped and green areas around buildings and within parking areas which enhances the overall character of the development.

Permitted uses.

(1)

Any permitted use in R-1 or R-3 Residential Zones.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(2)

Bakeries, provided that products are sold at retail on the premises.

(3)

Banks; savings and loans.

(4)

Barbershops and beauty parlors.

(5)

Business and professional offices.

Catering businesses.

Drugstores.

Food stores.

Funeral homes.

Hardware and furniture stores.

(11)

Liquor stores.[2]

[2]

Editor's Note: Original § 103-11B(12), Laundromats and coin-operated dry-cleaning units, which immediately followed this subsection, was repealed 4-27-2009 by Ord. No. 2009-02.

(12)

Photography studios.

(13)

Hobby or novelty shops.

(14)

Shops for the repair of bicycles, shoes, watches, locks, electrical and radio equipment.

(15)

Tailoring and dressmaking, but not laundromats and dry-cleaning establishments.

[Amended 4-27-2009 by Ord. No. 2009-02]

(16)

Cemeteries.

(17)

Propane gas storage in accordance with the National Fire Protection Association standards.

(18)

Boat sales and rental service and retail sale of bait and tackle.

(19)

Marine accessories, fuel and services.

(20)

Taxis, autocabs, limousines and livery services.

[Added 7-10-1990 by Ord. No. 14-90]

(21)

Home occupation.

[Added 5-15-1997 by Ord. No. 8-97[3]]

[3]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Conditional use.

(1)

An owner-occupied single-family residential unit as an upper-floor use above a specified nonresidential use otherwise permitted in the C-3 Neighborhood Commercial Zone, and further provided that:

(a)

The nonresidential use shall be located on the ground-floor level.

(b)

Separate access for the residential use is provided.

(c)

Off-street parking for the dwelling unit is provided in accordance with the New Jersey Residential Site Improvement Standards, N.J.A.C. 5:21, as amended.

(d)

Minimum dwelling unit requirements. The dwelling unit shall contain complete kitchen, toilet, bathing, sleeping facilities and living space.

(e)

In no case shall there be more than one dwelling unit per structure or lot.

(2)

An owner-occupied single-family residential unit shall only be allowed over the following permitted uses:

(a)

Bakeries.

(b)

Barbershops or beauty parlors.

(c)

Business and professional offices.

Catering business.

Food stores.

Funeral homes.

Hardware and furniture stores.[4]

[4]

Editor's Note: Original § 103-11C(2)(h), Laundromats and coin-operated dry-cleaning units, which immediately followed this subsection, was repealed 4-27-2009 by Ord. No. 2009-02.

(h)

Photography studios.

(i)

Hobby or novelty shops.

(j)

Shops for the repair of bicycles, shoes, watches, locks, electrical and radio equipment or similar commodities and small appliances.

(k)

Tailoring and dressmaking, but not laundromats and dry-cleaning establishments.

[Amended 4-27-2009 by Ord. No. 2009-02]

(l)

Boat sales; service and retail sale of bait and tackle.

(m)

Taxis, autocabs, limousine and livery services.

Building height limit and area.

(1)

Not to exceed 35 feet.

(2)

Business and professional buildings shall have a minimum of 860 square feet.

(3)

Minimum floor area per unit.

(a)

One-story, one-bedroom: 700 square feet.

(b)

One-story, two-bedroom: 800 square feet.

(c)

One-story, three-bedroom: 900 square feet.

(d)

Two-story: same square footage as one-story, provided the minimum first-story elevation is 75% of the total square footage.

Minimum lot requirements.

(1)

Lot area: 15,000 square feet.

(2)

Minimum lot width: 90 feet.

(3)

Lot depth: 150 feet.

(4)

Minimum lot frontage: 90 feet.

[Added 7-26-1988 by Ord. No. 17-88]

Minimum yard requirements.

Front: 60 feet.

Rear: 30 feet.

Side: 15 feet.

Accessory buildings, unattached.

(a)

Side: 10 feet.

(b)

Rear: 10 feet.

(c)

Height: 24 feet.

[Added 5-22-2006 by Ord. No. 2006-11]

Off-street parking shall be as provided in § 295-27.

Permitted signs.

(1)

A business or advertising freestanding sign not in excess of 32 square feet in surface area per side may advertise trade names, products and prices.

[Amended 5-15-1997 by Ord. No. 8-97]

(2)

No part of any sign shall be closer than 10 feet to a street right-of-way line or 10 feet to a side lot line.

(3)

(4)

Flashing signs or signs with intermittent or moving illumination of any kind shall be prohibited.

(5)

(6)

No sign shall be constructed or erected above the permitted building height limit, nor shall any sign be erected on or be attached to a roof of any building.

§ 295-16 LB Limited Business.

[Amended 4-29-1999 by Ord. No. 4-99[1]]

Permitted uses. The following uses shall be permitted in the LB Zone. The code numbers and descriptions of permitted uses have been drawn from the North American Industry Classification System (NAICS), United States, 1997 (United States Office of Management and Budget). The industry codes and descriptions contained therein, by reference, are adopted for the purposes of this subsection. (A copy of the NAICS is on file and may be reviewed at the Eagleswood Township Clerk's office during regular business hours.)

	NAICS Code No.	Description
	11141	Food Crops Grown Under Cover
	111411	Mushroom Production
	111419	Other Food Crops Grown Under Cover
	11251	Animal Aquaculture
	112511	Finfish Farming and Fish Hatcheries
	112519	Other Animal Aquaculture
	11291	Apiculture
	23322	Multifamily Housing Construction
	23331	Manufacturing and Industrial Building Construction
	23332	Commercial and Institutional Building Construction
	2351	Plumbing, Heating and AC Contractor
	2352	Painting and Wall Covering Contractors
	2353	Electrical Contractors
	2354	Masonry/Drywall/Insulation/Tile Contractors
	2355	Carpentry and Flooring Contractors
	2356	Roofing, Siding, and Sheet Metal Contractors
	2357	Concrete Contractors (no asphalt storage)
	2358	Water Well Drilling Contractors
	4881	Air Transportation Support Activities (not to be deemed to permit air courier and air cargo services)
	5111	Newspaper/Periodical/Book/Database Publishers
	5112	Software Publisher
	51212	Motion Picture and Video Distribution
	51219	Postproduction and Other Movie and Video Industries
	5122	Sound Recording Industries
	514	Information and Data Processing Services
	521	Monetary Authorities — Central Bank
	522	Credit Intermediation and Related Activities
	523	Security, Commodity Contracts and Like Activities
	524	Insurance Carriers and Related Activities
	525	Funds, Trusts and Other Financial Vehicles
	53113	Lessors of Mini Warehouse and Self-Storage Units
	541	Professional, Scientific and Technical Services (except 54194 and 54199)

Permitted accessory uses.

(1)

Other customary accessory uses and buildings which are clearly incidental to the principal use and building.

(2)

Setbacks for such accessory uses and buildings shall be 25 feet for side and 40 feet rear; height: 35 feet.

[Added 5-22-2006 by Ord. No. 2006-11]

(3)

Notwithstanding Subsection B(2) above, sheds in the size of 200 square feet or less shall have a setback of 10 feet for side yard and 10 feet for rear yard; height: 15 feet.

[Added 5-22-2006 by Ord. No. 2006-11]

Schedule of minimum requirements.

(1)

Minimum lot size: one acre.

(2)

Minimum lot width: 150 feet.

(3)

Minimum lot frontage: 150 feet.

(4)

Minimum front yard setback: 50 feet.

(5)

Minimum rear yard setback: 40 feet.

(6)

Minimum side yard setback: 25 feet.

(7)

Maximum building height: 35 feet.

(8)

Maximum lot coverage by building(s): 40%.

Permitted signs shall be any sign permitted in the C-2 Highway Commercial District. No temporary signs are permitted.

(1)

Maximum height: 10 feet, no temporary signs.

(2)

Minimum setback (all property lines): 10 feet.

Supplementary regulations.

(1)

No off-street parking or loading areas shall be located in the required front yard.

(2)

Where the LB Limited Business Zone abuts a residential zone along a property line or across a street, there shall be provided a fifty-foot-wide buffered screening strip as defined in § 295-23 of this chapter.

(3)

All activities and processes shall take place within an enclosed building. Any outside storage shall be shielded by fencing, landscaping or other appropriate measure. No storage shall be allowed within the fifty-foot-wide buffer abutting the residential zone or within the front yard.

Conditional uses.

[Added 8-27-2001 by Ord. No. 2001-07]

(1)

Communication towers. Communication towers are a permitted conditional use within the LB Limited Business Zone as a principal use, with the following requirements:

(a)

The zone for communication towers shall be restricted to the area located north of Stafford Forge Road and 900 feet east of the Garden State Parkway.

(b)

Schedule of minimum requirements.

[1]

Minimum lot size: one acre.

[2]

Minimum lot width: 150 feet.

[3]

Minimum lot frontage: 150 feet.

[4]

Minimum yard setback.

[a]

The minimum setback from the property lines is proposed to be 50 feet as long as the tower is designed to fall within itself. If the tower is not designed to fall within itself then it must be designed to fall within the property lines plus 20 feet.

[b]

All freestanding antennas and tower structures, guide wires, safety cables or other appurtenances shall not be located within any required front yard, side yard, or rear yard setback area for a principal structure. If a tower or antenna is taller than 100 feet, the minimum setback from any property line shall be 50 feet or the required front, side or rear yard setback, whichever is greater.

[5]

Maximum height: 200 feet.

(c)

Accessory buildings are permitted, if less than 500 square feet each and 15 feet in height. However, accessory buildings are permitted only if the buildings are constructed for the sole and exclusive use of the operation of the communication tower and they are buffered and screened from view to such an extent that they are not visible from the roadway or the adjacent property lines.

(d)

All freestanding antennas and tower structures shall be subject to structural provisions of the New Jersey Uniform Construction Code for wind loads, vent uplift, fire-resistance ratings, dead load and ice load ratings, and grounding. Documentation shall be provided to the Land Use Board in the form of a site plan, technical and engineering support documentation, manufacturer's warranties and sworn testimony of a licensed structural engineer on proposed freestanding antennas and tower structures.

(e)

All commercial radio and television transmission facilities, including AM, FM and television broadcast stations, public safety radio services, cellular radio/telephone service, microwave or other forms of electromagnetic transmission, shall be subject to United States Environmental Protection Agency, United States Occupational Safety and Health Administration, American National Standards Association and New Jersey Environmental Protection Agency standards and requirements pertaining to human exposure to radio frequency electromagnetic fields, and other rules, regulations and standards which may be applicable to such facilities by federal and/or state regulatory agencies.

(f)

All freestanding antennas and tower structures shall be readily accessible by emergency vehicles and by construction and service vehicles in a manner acceptable to the Board, Township Engineer and Construction Official.

(g)

All commercial antenna towers, guide wires, anchors, accessory structures, etc., shall be enclosed by a chain-link fence not less than six feet in height.

(h)

No lights or signs other than those required for aircraft warning in accordance with Federal Aviation Administration regulations or other required safety purposes shall be permitted. Strobe lights shall not be permitted for nighttime use.

(i)

No signage or other methods of providing messages or commercial statements may be attached, suspended or otherwise a part of the antenna or tower structure.

(j)

Details of driveway access should be presented. Minimum requirements shall be six inches of road gravel, R-Blend on stone.

(2)

Any communication tower located on Township-owned property shall be exempt from site plan approval by the Eagleswood Township Land Use Board; however, any communication tower located on Township-owned property must comply with the requirements set forth in this section and submit all plans to the Township Engineer for his approval.

[Added 5-20-2002 by Ord. No. 2002-5]

[1]

Editor's Note: Prior ordinance history includes Ordinance Nos. 8-84, 12-87, 17-88 and 98-3.

§ 295-17 Airport Safety Hazard Overlay Zone.

[Added 12-16-2002 by Ord. No. 2002-14]

Purpose. The purpose and intent of the Airport Safety Hazard Overlay Zone is to comply with the regulations contained in N.J.A.C. 16:62, Air Safety and Zoning, under the authority of the "Air Safety and Zoning Act of 1983," P.L. 1983, c. 260. The public health, safety and general welfare requires that development in specified areas must be subject to the control of additional regulations and requirements. The area specified in this section shall overlay one or more underlying zone districts. Within an overlay area, the requirements of the overlay zone shall govern.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Delineation of the Airport Safety Hazard Zone.

(1)

The location of the Eagle's Nest Airport within the municipal boundaries requires the delineation of an airport safety hazard overlay zone, including runway subzones, runway end subzones and clear zones in accordance with N.J.A.C. 16:62-1 et seq.

(2)

The boundaries of the Airport Safety Hazard Overlay Zone are shown on the Eagleswood Township Zoning Map. The overlay boundaries and this section shall be interpreted and applied in accordance with the provisions of N.J.A.C. 16:62-1 et seq.

Minimum development standards. Development activity within the delineated Airport Safety Hazard Overlay Zone is restricted in accordance with the provisions of N.J.A.C. 16:62-1 et seq., Air Safety and Zoning.

Prohibited land uses. No person shall establish within the Airport Safety Hazard Overlay Zone any of the prohibited land uses specifically enumerated in this subsection unless there is the written approval of the New Jersey Commissioner of Transportation and unless such uses are permitted in the underlying zone district:

(1)

Residential dwelling units not situated on a lot of at least three acres in size.

(2)

Planned unit developments and multifamily dwellings.

(3)

Hospitals.

(4)

Schools.

(5)

Aboveground bulk tank storage of compressed flammable or compressed toxic gas and liquids.

(6)

Within the runway end subzones only, the aboveground tank storage of flammable gas and liquids.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(7)

Uses which may attract massing of birds.

(8)

Above-grade major utility transmission lines and/or mains.

Permitted land uses. Land use within the Airport Safety Hazard Overlay Zone is specifically governed by N.J.A.C. 16:62-1 et seq., and shall be limited to the following, and shall be further subject to the provisions and requirements of the underlying zone district.

(1)

Residential single-family dwelling units, which are situated on a lot of at least three acres in size and not located in a "clear zone," provided that the single-family uses are permitted in the underlying zone district. Lawful preexisting single-family residential dwellings, which are on lots of less than three acres and are located outside a clear zone, may be expanded in accordance with the underlying zone district regulations.

(2)

Open space, where permitted by the underlying zone district.

(3)

Agriculture, where permitted by the underlying zone district.

(4)

Transportation, where permitted by the underlying zone district.

(5)

Airport, where permitted by the underlying zone district.

(6)

Commercial uses not located in the clear zone, where permitted by the underlying zone district.

(7)

Industrial uses not located in the clear zone, where permitted by the underlying zone district.

Permits. Creation or expansion of a prohibited land use or vertical height obstruction within the Airport Safety Hazard Zone shall require a permit as follows:

(1)

An applicant for a project requiring creation or establishment of a prohibited land use or creation or establishment of a vertical height obstruction shall first apply for approval from the appropriate municipal agency.

(2)

If the municipal agency approves the application, the approval shall be conditioned on the applicant applying for and receiving a permit from the New Jersey Commissioner of Transportation in accordance with N.J.A.C. 16:62-6.1.

(3)

The application for a permit will only be considered by the NJDOT if accompanied by a resolution of approval from the municipal agency.

(4)

Construction, development or creation of any prohibited land use or vertical height obstruction shall not commence until the New Jersey Commissioner of Transportation has issued a permit.

Conditions not conforming to the standards of N.J.A.C. 16:62-1 et seq.

(1)

A preexisting structure or use located in a clear zone, and not in conformance with the standards of N.J.A.C. 16:62-1 et seq., shall be classified as nonconforming.

(2)

Variances. No variance or other relief from the standards promulgated under N.J.A.C. 16:62-1 et seq. shall be granted by the Township to itself or to any person except upon the conditions that the variance or relief is contingent upon the issuance of a permit allowing the variance or relief by the Commissioner of the New Jersey Department of Transportation. Application for a variance shall be made to the Eagleswood Township Land Use Board in accordance with its regulations and procedures.

§ 295-18 R/R-OS Resort/Recreation-Open Space District.

[Added 10-25-2004 by Ord. No. 2004-22]

Purpose. The purpose of the district is to create provisions for the ultimate development of a lake, along with appropriate and compatible land uses subsequent to comprehensive mining operations, which will include significant regrading and removal of soil.

PUD master plan and phasing provisions.

(1)

The R/R-OS Zone shall be planned and developed as a single entity according to a plan for a planned unit development (PUD), as defined in the Municipal Land Use Law (N.J.S.A. 40:55D et seq.).

(2)

A master plan showing the relationships among the various components shall be submitted in support of an approval of a general development plan (GDP) in accordance with the Municipal Land Use Law.

(3)

The reviewing board of jurisdiction shall not review or approve a site plan application for any phase, section or component of the PUD without prior review and approval of a GDP master plan.

(4)

No GDP approval shall be granted without a developer's agreement.

(5)

The GDP master plan components shall generally consist of the following two phases of land development:

(a)

A "mining phase" is the first component, which shall consist of private/commercial mining, extraction, excavation, soil removal processing or other commercial disposition of sand, gravel, topsoil, stone or other earthen material.

(b)

A "resort/recreation phase" is the second component, which shall consist of a public recreational lake area, a hotel resort and conference center and related uses, along with a limited allowance for large-lot single-family residential development.

(6)

The term of the effect of the GDP approval shall not exceed 20 years from the date upon which the developer receives final approval of the first component (the "mining phase") of the GDP. The developer may apply for and the reviewing board of jurisdiction grant extensions to the term of effect of the GDP for additional periods of at least two years but not to exceed a total extension of six years, provided that any proposed modification of the timing schedule shall be approved in accordance with the provisions of N.J.S.A. 40:55D-45.4.

Conditional use requirements. A planned unit development shall be considered a conditional use, as defined in the Municipal Land Use Law, subject to the following conditional use standards:

(1)

The applicant shall obtain GDP plan approval for the mining phase, which will also function as site preparation for the ultimate construction of the resort/recreation phase. This consideration by the Land Use Board of mining operations as it relates to the GDP shall not relieve the applicant of its obligation to obtain a license from the Township Committee pursuant to Chapter 131 of the Code of the Township of Eagleswood, and otherwise comply with the provisions of said chapter.

(2)

The applicant shall enter into a developer's agreement with the Township of Eagleswood, which shall further govern the development of the Resort/Recreation Phase under the GDP.

(3)

The applicant shall comply with the rules, regulations and restrictions set forth in Chapter 131 of the Code of the Township of Eagleswood, entitled "Excavations and Soil Removal" (the Mining Ordinance), as may be amended under the terms of the mining phase or any other ordinance revisions that may be set forth in the developer's agreement. Said rules, regulations and restrictions shall apply to the GDP as conditions of the GDP approval and the submitted grading plan.

Airport Safety Hazard Overlay Zone provisions. The regulations of the Airport Safety Hazard Overlay Zone shall be applicable in full force and effect for that portion of the PUD situated within the overlay district. All components, phases, and sections of the PUD situated within the Airport Safety Hazard Overlay Zone shall be subject to this provision.

Mining phase standards. The mining phase shall be subject to the following provisions:

(1)

The mining phase shall include all rights or other terms as set forth in a developer's agreement. The terms and conditions of all mining licenses granted in furtherance of the mining phase under any GDP approval shall be subject to the performance requirements of the GDP.

(2)

Notwithstanding anything to the contrary, no material shall be imported from off-site locations without prior written Township approval (including the Township's right to inspect same) other than virgin sand, virgin clay, virgin stone and virgin topsoil; provided, however, that those portions of a site located in contiguous municipalities shall not be considered off-site locations, and the materials therein may be processed as materials native to the site.

(3)

Area and bulk requirements. Activities and uses associated with the mining phase shall comply with the following area and bulk requirements:

(a)

Buffers. No clearing of land shall occur within these minimum buffer requirements.

[1]

Northerly tract/municipal boundary: zero feet from lake edge to adjacent property lines; otherwise, 200 feet.

[2]

Easterly tract boundary: 400 feet.

[3]

Southerly tract boundary: 350 feet.

[4]

Westerly tract: 50 feet.

(b)

To the extent existing conditions are inconsistent with the above buffer requirements, the reviewing jurisdiction may grant relief in any GDP approval.

(4)

No mining and/or extraction activities shall be permitted to a depth greater than 65 feet below the seasonal high-water table unless the applicant shall demonstrate to the Township that a depth greater than 65 feet will result in no significant adverse hydrological impact relative to the proposed resort/recreation phase or to off-site areas. Such impacts shall be substantiated by an expert report to be submitted by the applicant. Said expert shall be approved by the Township Committee, and such approval shall not be unreasonably withheld.

(5)

Upon the ultimate cessation of the mining phase and the commencement of the resort/recreation phase, a minimum ten-acre portion of upland adjacent to the lake shall be dedicated to the Township. Said dedication shall comply with all of the following provisions:

(a)

The dedicated land shall be accessible and used for recreational uses and lake access/uses by Township residents as a public park;

(b)

The dedicated land shall be specifically located pursuant to the GDP approval but generally situated along the southeasterly shoreline of the finished lake within the Township of Eagleswood and shall be provided with access directly from Cedar Lane; and

(c)

The dedication of the land to the Township of Eagleswood shall occur within 90 days after the completion of the lake and confirmation by the landowner that the land area is no longer needed for mining operations and that the public may safely use the lake and land area.

Resort/recreation phase, use requirements. The following use standards shall be applicable to the resort/recreation phase:

(1)

Permitted principal uses.

(a)

Detached single-family dwelling units;

(b)

Public park; and

(c)

Hotel resort and conference center.

(2)

Permitted accessory uses and structures.

(a)

Customary accessory uses and buildings that are clearly incidental to the principal use and building.

(b)

Customary accessory uses, buildings and structures that are clearly incidental to a hotel resort and conference center, such as restaurant; marina; boating club (sailing or rowing); fishing pier or fishing club; and other recreational uses.

Resort/recreation phase, area and bulk requirements. The following area and bulk standards shall be applicable to the resort/recreation phase:

(1)

Lot merger provision. The applicant shall be required to merge all lots then held by the same entity as part of the GDP approval.

(2)

Detached single-family dwellings.

(a)

No more than eight detached single-family dwellings shall be permitted in the overall PUD.

(b)

Individual lots for detached single-family dwellings shall be subject to the area and bulk requirements applicable in the R-A5 Residential District. Single-family dwellings are specifically exempted from the minimum principal building setback requirements that are set forth in Subsection G(3) below.

(c)

If a residential lot is adjacent to the lake, the lot line that generally follows the shoreline shall be deemed a rear lot line.

(3)

The overall PUD tract, other than the single-family lots, shall be subject to the area and bulk standards set forth in the following table:

Regulation		Requirement
Minimum overall tract area		400 acres
Maximum area of lake (located in Eagleswood Township)		430 acres
Minimum lake shoreline setbacks
	Easterly tract boundary	400 feet
	Southerly tract boundary	350 feet
	Westerly tract boundary	50 feet
	Northerly Township tract boundary	0 feet (from lake only; otherwise 200 feet)
Minimum lot area — hotel, resort, etc.		20 acres
Minimum lot area — public park		10 acres
Maximum building coverage (per lot)		15%
Maximum height		35 feet
Maximum number of stories		2 1/2
Minimum principal building setbacks
	From Cedar Lane	1,500 feet (from public street line)
	From tract boundary	200 feet
	Between buildings	25 feet
	Shoreline/bulkhead of lake	25 feet
	Interior roadways and driveways	15 feet (to edge of pavement)

(4)

The creation of the lake will be permitted over the existing lot lines between multiple owners within the PUD. No required setback distances shall apply to interior lot line boundaries between multiple owners of the nonresidential portion of the PUD. The tract boundary setbacks are not intended to prevent a hotel resort and conference center from being subdivided onto a separate lot; however, a subdivision shall conform to the minimum lot area requirements set forth above.

Supplementary bulk requirements.

(1)

A naturalized landscaped buffer having a minimum width of 75 feet shall be provided between the nonresidential component and the PUD tract boundary, except that this buffer shall not be required along PUD tract boundaries abutting a public street, along interior lot lines within the PUD or along a contiguous municipal boundary when the overall development of the proposed use continues into the adjacent municipality. This buffer requirement shall specifically apply along any road/street providing access to the nonresidential component of the PUD. The required buffer area shall not contain any buildings, structures, driveways or parking areas.

(2)

All accessory buildings shall be located at the rear of any principal building and shall be a minimum of 25 feet from any principal building and 10 feet from another accessory building. Side yard setbacks for accessory buildings shall be 10 feet.

(3)

Accessory buildings, structures and uses such as clubhouses, swimming pools and other facilities that are most typically considered lakeside aquatic uses shall be at least 25 feet from the shoreline of the lake. Lakeside aquatic structures and uses such as marina, fishing pier, bait shop or other similar facilities that are typically constructed at the shoreline of a lake shall have no minimum setback requirement.

(4)

The maximum height of an accessory building shall not exceed 16 feet.

(5)

Signs situated on individual single-family residential lots shall be subject to the sign requirements applicable in the R-A5 Residential District.

(6)

Signs situated in nonresidential portions of the PUD shall be subject to the sign requirements applicable in the C-3 Neighborhood Commercial District.

Resort/recreation phase design standards. With respect to the resort/recreation phase, the following design standards shall apply:

(1)

The grading of the underwater lake bed within 80 feet of the water's edge of the public park shall be established and constructed at a slope of no greater than 13 to one for purposes of providing a more gradual increase in water depth when walking out from the shoreline.

(2)

Permanent lawn and turf areas and formal landscaped areas shall be limited to those areas specifically intended for active human use such as the public park, the hotel-resort-conference center and the residential lots.

(3)

All land areas cleared and disturbed and not devoted to buildings, structures, pavement, permanent lawn areas, formal landscaped areas and the like shall be revegetated in a naturalized manner that is consistent with native vegetative species, character and plant density, in accordance with the following provisions:

(a)

The limits of naturalized planting areas shall be identified on the set of plans associated with the GDP, with specific planting details to be deferred to the time of site plan approval.

(b)

The naturalized planting areas shall be considered natural buffer areas, to be recorded as conservation easements during the resort/recreation phase of the GDP approval.

(4)

Nonresidential building plans and elevations shall be provided with variations in the types of roof, heights of eaves and peaks, building materials and architectural treatments of building facades.

(5)

Architectural design and materials used in the construction of nonresidential accessory buildings shall conform to or complement those used in the construction of the principal buildings.

(6)

Residential site development shall be designed and improved in accordance with the New Jersey Residential Site Improvement Standards applicable.

Landscaping and lighting requirements shall be governed by the standards as generally applicable for site plan approvals elsewhere in the Township.

Content of a GDP. A GDP shall include, at a minimum, the following items:

(1)

A general land use plan on twenty-four-inch by thirty-six-inch sheets, indicating the tract area and general locations of the land uses to be included in the planned development. The total number of dwelling units and amount of nonresidential floor area to be provided and proposed land area to be devoted to residential and nonresidential use shall be set forth. In addition, the proposed types of nonresidential uses to be included in the planned development shall be set forth, and the land area to be occupied by each proposed use shall be estimated. The density and intensity of use of the entire planned development shall be set forth, and a residential density and a nonresidential floor area ratio shall be provided.

(2)

An open space plan showing the proposed land area and general location of parks and any other land area to be set aside for conservation and recreational purposes and a general description of improvements proposed to be made thereon, including a plan for the operation and maintenance of parks and recreational lands.

(3)

A stormwater management plan setting forth the proposed method of controlling and managing stormwater on the site.

(4)

An environmental impact statement (EIS), in accordance with Township standards, for the mining phase of the property not previously approved or otherwise grandfathered for a mining or soil extraction operation (previously approved shall mean prior to the date of the adoption of the R/R-OS Zone). The EIS requirements shall not be required to address the proposed conditions upon completion of the development; however, the report shall address all other requirements, including the existing condition of the property. The environmental inventory shall include a general description of the vegetation, soils, topography, geology, hydrology, climate and cultural resources of the site, existing man-made structures or features.

(5)

A proposed timing schedule, including any terms or conditions which are intended to protect the interests of the public and of the occupants of any section of the planned development prior to the completion of the development in its entirety.

(6)

A municipal development agreement, which shall mean a written agreement between a municipality and a developer relating to the planned development.

Site plan and subdivision applications for sections, phases, components within the PUD shall be reviewed in accordance with submission requirements and review procedures as are applicable elsewhere in the Township.