[1]
Editor's Note: Former subsection 17-3.2 a-m was renumbered as Article IX, sections 17-159-17-170. Sources contained herein include Ordinance Nos. 528, 551-80, 566-80, 576-80, 685-85, 686-85, §§ 17-29, 687-85, 690-85, § 1, 707-86, § 1, 723-86, §§ 14-29, 789-88, §§ 1-4, 6, 7, 791-88, §§ 2-7, 801-89, §§ 2, 4-7, 815-89, § 4, 90-837, § 2, 90-841, §§ 1-3, 90-851, § 1, 90-853, § 5, 90-857, § 1, 91-882, § 1, 91-894, § 1, 91-904, § 1, 92-910, §§ 2, 3, 92-916, §§ 2-5.
[Ord. #94-971; Ord. #94-978, §§ 4, 5; Ord.
#94-1009, § 3; Ord. #94-995; Ord. #96-1044, § 1;
Ord. #96-1048, §§ 24; Ord. #97-1078; Ord. #97-1084,
§§ 1, 3; Ord. #98-1095; Ord. #00-1155, §§ 2,
3, 5; Ord. #00-1156, § 1; Ord. #00-1162, § 3;
Ord. #00-1164, § 1; Ord. #00-1170, § 1; Ord. #01-1206,
§ 9; Ord. #01-1218, §§ 1, 2; Ord. #02-1268;
Ord. #03-1297, § 2; Ord. #04-1325, §§ 3 -
7]
a.
Purpose. The purpose of this section is to recognize the existing
pattern of detached dwellings, to preserve environmentally critical
areas as identified in the adopted master plan and the natural resources
inventory, and to allow the township to provide a variety of housing,
including lower income housing in the identified areas. The selection
of dwelling unit types in the R-5 District should provide a balance
of housing choices attractive to all income and age segments of the
community as part of the township's fair share of the regional housing
needs. The criteria are intended to provide flexibility in the design
of developments to aid in reducing housing costs, encouraging lower
income housing, allowing construction to avoid environmentally critical
areas, and removing residences from busy highways and other potential
nuisances created by noise and visual blight.
b.
Permitted Principal Uses.
1.
Residences. Single family dwellings and other dwellings, as provided in the sections relating to specific zoning districts, are permitted as principal uses. (For conversions, see section 17-145.)
2.
Community residences for the developmentally disabled, community
shelters for victims of domestic violence, community residences for
the terminally ill and community residences for persons with head
injuries shall be a permitted use in all residential districts of
the township, and the requirements shall be the same as for single-family
dwelling units located within such districts.
3.
Cemeteries; golf courses with accessory club house, eating facilities,
tennis courts, swimming pools and similar usual accessory structures;
public library, public parks and playgrounds; municipal buildings
including school bus shelters; fire houses.
4.
Farm and agricultural uses including, as accessory uses, horse riding lessons and a farm stand offering facilities for seasonal sale of products or produce in accordance with the township's Right-to-Farm Ordinance. (Chapter 22 of the Township Code).
5.
Model homes are permitted to be used as a sales office within a residential
development only during the period necessary for the sale of new homes
within that development. In addition to the model homes, the developer
of a property with more than 10 dwelling units may be permitted to
use one trailer, or manufactured home, or modular building, or similar
structure as a sales office. Where a development contains a mix of
dwelling unit types (dwelling unit types are defined as single family
homes, and/or townhouses, and/or apartments), the developer may be
permitted one sales office, as described above, for each housing type
as defined above provided there are more than 10 dwelling units of
each housing type, but in any event no more than three such sales
offices shall be permitted in any one development regardless of how
many dwelling unit types are in the development. Site plan review
and approval shall be required for the sales operation area(s) in
order to review parking, access, landscaping, the placement of the
structures, and plans and guarantees to remove any temporary structures
and/or pavement or parking areas upon completion of the sales operation.
c.
Permitted Accessory Uses.
1.
Private garages, swimming pools, parking areas, tennis courts, trellises,
fences, walls, lamp posts, storage structures and animal shelters
and similar facilities, which in total occupy less than 10% of the
lot, are permitted provided they are accessory and subordinate to
the principal use of the lot.
2.
One earth terminal antenna with an associated reflector (or dish)
is permitted on a residential lot only if located either in the rear
yard, or on the roof of a residence positioned below the ridge of
the roof, both locations to be such as to have the antenna and reflector
screened from view from the street. The dishes shall be an appropriate
color to match the background. The setbacks shall conform to the setbacks
for principal buildings for the zone in which it is located. If necessary
to screen the antenna and reflector from the street, additional planting
of shrubs, trees or other plants shall be required. Said plantings
shall be of a type and be located so as to provide sufficient year-round
foliage to provide the year-round screen. Servicing wires and cables
shall be installed underground. The main reflector shall not exceed
a diameter of eight feet and the overall height of the reflector,
the base, and other associated installation equipment shall not exceed
10 feet.
3.
Home Occupation. Structures in which not more than 25% of the net
floor area of the structure is used in the conduct of the home occupation;
there is no change in the exterior appearance of the structure or
premises as a dwelling and no external visible evidence of the conduct
of the occupation; no sales may be made at the premises; no part of
the home occupation may be conducted in any accessory building; no
person may be employed who is not both a member of the family of the
person conducting the occupation and an actual resident of the dwelling;
no traffic may be generated by the occupation beyond that normally
generated by the use of the premises as a single family dwelling;
no machinery, equipment or process may be used which creates noise,
vibration, glare, fumes, odors or electrical interference detectable
at the property lines or which causes any interference with radio
or television reception by neighboring residences or fluctuation in
line voltages beyond the premises.
4.
Tennis Courts. One tennis court is permitted as an accessory use
on a single family dwelling subject to the following restrictions:
(a)
To be constructed only on a lot with a minimum area of 60,000
square feet containing a single family dwelling.
(b)
The allowable maximum percentage of lot coverage may be increased
only by the area of the tennis court, provided, however, said increase
does not impact any public stormwater management system.
(c)
Fencing around the tennis courts is permitted and shall not
exceed 12 feet in height.
(d)
Site plan approval by the planning board is required for construction
of any tennis court in front of the principal structure.
(e)
No tennis court, fencing, or lighting may be constructed within
the setback requirements.
(f)
Illumination of any tennis court shall be prohibited except
under the following conditions:
(1)
The lot area shall be at least five acres.
(2)
Lighting fixtures shall be full cutoff.
(3)
Lighting fixture height shall not exceed 20 feet, and shall
be located on the side of the court 30 feet from the centerline.
(4)
Average maintained horizontal illumination on grade shall not
exceed 50 fc. Maximum to minimum uniformity ratio shall not exceed
4:1.
(5)
No light trespass shall be generated from any fixture used to
illuminate the tennis court. Contribution to vertical illuminance
at any point along all property lines shall be zero at grade and all
points above.
(6)
Lighting fixtures must be turned off between the hours of 10:00
p.m. and 7:00 a.m.
5.
Family day care homes providing child care services to no less than
three and no more than five children at any one time, exclusive of
family members, for no less than 15 hours a week, and registered as
a family day care home pursuant to the "Family Day Care Provider Registration
Act," shall be permitted as an accessory use to a single family dwelling
unit. The zoning requirements shall be the same as for a single family
dwelling unit.
d.
Permitted Conditional Uses. The following uses are permitted as a
conditional use:
1.
Low and Moderate Income Housing Project. In addition, in any R-5
or R-100 District, a low and moderate income housing development approved
prior to the effective date of this section[1] erected by a nonprofit, limited-profit, or for-profit sponsor is permitted in accordance with, but not limited to programs administered by State, Federal, and/or other governmental programs conditioned on the following: The project shall comply with all applicable building design, construction, and other requirements and guidelines of the sponsoring governmental agency or, if the sponsoring agency has no building design and construction requirements or guidelines, then the project shall follow those in effect at the New Jersey Housing and Mortgage Finance Agency ("NJ HMFA") as certified to the approving authority by the project architect; no project contains more than 150 units; all the units are dedicated to occupancy by qualifying low and moderate income households, except one on-site manager's or superintendent's apartment unit is permitted; the minimum period of affordability shall be 40 years instead of 30 years set forth in section 17-92c2; public water supply and public sanitary sewer service are required; the density shall not exceed 16 units per gross acre for developments exclusively for residents age 62 and over, or for developments exclusively for residents age 62 and over, but where not more than 20% of the units may be for non-age restricted, handicapped persons as "handicapped" is defined under State and/or Federal programs; and the density shall not exceed 10 units per gross acre for other, non-age restricted developments. Other design criteria shall meet the bulk and design requirements of section 17-92d.
[1]
Editor's Note: Ordinance No. 02-1268, codified herein was
adopted on December 19, 2002.
2.
Pumping stations, transformers and similar utility facilities which are needed in order to provide utility services directly to the consumer, but not repair facilities, offices, open storage, work areas or other aspects of utility operations. Such facilities shall be landscaped and screened to be appropriately integrated into a residential neighborhood in accordance with section 17-89 and, where safety dictates, shall be enclosed with landscaped fencing. Communications and wireless telecommunications towers, antennas, facilities and equipment are not included as a conditional use herein, and are specifically governed by section 17-148 of this chapter.
3.
Conversion of Existing Accessory Buildings to Residences. In an effort
to preserve the existing character of these rural areas and to pre
serve old farm buildings and old materials, accessory buildings existing
as of July 1, 1986 in the MRC, VRC, and R-150 Districts may be converted
to a residence, with or without subdividing the lot so as to create
a separate lot for each dwelling provided the following conditions
are met:
(a)
The maximum number of dwelling units allowed in a converted
building shall be one so that the maximum number of dwelling units
on a lot as a result of the conversion shall be two, e.g. the original
principal dwelling unit plus the conversion. Any further conversions
of additional accessory buildings shall be permitted only following
an approved subdivision that places each additional residence on a
separate lot.
(b)
The original lot on which both buildings are located shall be
at least twice the minimum lot size required for the district in which
it is located to assure the conversion does not exceed the maximum
density of the development permitted under the zoning provisions.
(c)
If the converted building is not subdivided into a separate
lot, the original dwelling shall be occupied by the owner of the tract.
(d)
Because original farm accessory buildings may not have been
spaced to meet current setback requirements, any subdivision that
will place these structures on a separate lot may be approved provided
the minimum front, side or rear yards, individually or in some combination,
are not less than half the setback distance required for the zone
in which the property is located, except that in any event no building
shall be converted that is either closer than 25 feet to a street
right-of-way or another building on the site, or within a required
sight triangle, whether being subdivided on a separate lot or not.
(e)
No building intended for conversion shall be in the 100-year
flood plain and the building being converted shall be located in an
area where slopes and other physical conditions permit proper access
to the site, where there is proper sight distance at the driveway
intersection with the street right-of-way, and where there is sufficient
area for adequate off-street parking.
(f)
The converted building shall be designed to meet the definition
of a dwelling unit, including all area, space, health and construction
requirements set forth in other codes and ordinances.
(g)
The converted building shall have an approved well and septic
system prior to a certificate of occupancy.
4.
A nursery outlet offering facilities for the sale of farm products from trees and ornamental shrubs provided the nursery is on a parcel used for agricultural purposes and meets the minimum requirements of subsection 17-159g (standards for an agricultural lot).
5.
Public and private nonprofit schools and churches shall be permitted provided such uses have access from a primary local, collector, secondary arterial, or primary arterial road as identified on the adopted circulation plan or, if constructed on a new street system not shown on the circulation plan, shall have access from a road having design standards meeting one of these road classifications. Such uses shall be permitted only when the site can be designed so the recreational facilities, parking areas, and other yard spaces which would be used for groups of people or cars shall be buffered from adjoining residences via environmental conditions, topography, densely landscaped areas, distance, or similar design criteria to protect adjoining residential neighborhoods, meeting at least the minimum requirements of subsection 17-159g and section 17-89. Primary access to these uses shall not be through local streets in residential neighborhoods.
6.
Resident professional offices in which not more than 25% of the net
floor area of the structure is used for office purposes and there
is no alteration visible from the street or adjacent property lines,
and not more than one person may be employed at one time in addition
to residents of the dwelling and members of the family of the resident
professional.
7.
Nonresidential Services in the R-6 District. In the R-6 District, the development of nonresidential uses shall be conditioned on: (a) a conceptual plan being prepared and submitted for the entire development, including all business, market housing, affordable housing, and other uses, including accessory uses; (b) all subsequent preliminary and final plans being consistent with the approved concept plan, as it may be amended, whether or not the development will be constructed at one time or in phases; (c) the business portion of the site abutting a primary arterial or secondary arterial road as set forth in the Circulation Plan of the Master Plan but being designed so that no driveway serving any individual use (residential or nonresidential) shall directly access the abutting arterial road(s); (d) any nursery school or day care center being located adjacent to, and with access to, an on-site service road that provides access to the abutting arterial road; (e) having not more than 30% of the overall development tract acreage (residential and nonresidential) devoted to nonresidential uses which are limited to either a nursery school or day care center and providing a mix of the following convenience services such as, but not limited to, banking, professional offices, restaurant and retail sale of food, pharmaceuticals, and general merchandise. The provision for nonresidential uses in the development shall be conditioned on receiving subdivision and site plan approval, which approval(s) shall require the execution of a developer's agreement and appropriate restrictions on the nonresidential lots and all remaining land in order to reasonably guarantee the actual construction and the phasing in of the low and moderate income housing obligation in accordance with section 17-92 as an integral part of the requirements of this zoning district: and, because any permitted nonresidential use is located on property that is permitted to be used for residential density as well as the nonresidential floor area, the nonresidential development shall be conditioned on the nonresidential portion of the development being obligated to pay the required affordable housing fee as set forth in the development fee ordinance, section 10-7c. Any nursery school or day care center shall be conditioned on meeting the licensing requirements of the State of New Jersey.
The development of any nonresidential uses in the R-6 District
shall conform to the following zoning standards which shall be considered
general bulk standards for the R-6 District, not specific standards
or "conditions" for a conditional use:
|
Min. Lot Size
|
2 acres
|
|
Min. Lot Width
|
275 feet
|
|
Min. Lot Depth
|
300 feet
|
|
Min. Front Yard
|
100 feet from Rt. 31
|
|
50 feet from interior streets
| |
|
Min. Side Yard
|
50 feet
|
|
Min. Rear Yard
|
50 feet
|
|
Min. Distance between Bldgs.
|
20 feet
|
|
Max. Building Height
|
2 stories, 35 feet
|
|
Max. Lot Coverage
|
65%
|
|
Max. Floor Area Ratio
|
0.2
|
|
Min. Off-Street Parking
|
See § 17-95j.
|
|
Min. Landscaped Buffer along Rt. 31
|
25 feet
|
8.
Airport Hazard Area. In recognition of the existing airports located
adjacent to the Pennington-Lawrenceville Road in the VRC District
and the Mercer County Airport off Scotch Road in Ewing Township, these
existing airports shall be considered a permitted use in accordance
with N.J.A.C. 16:62-2.1(e). Additional buildings, additions to existing
buildings, runway extensions, additions to parking areas and other
improvements serving to increase the capacity of these airports with
respect to the number of aircraft able to be parked at the airports,
or the number of takeoffs and landings resulting from the increased
number of aircraft, shall be permitted as a conditional use. The conditions
for approval of any airport operations located in Hopewell Township
shall be as follows:
(a)
No building located within the runway subzone and the runway
end subzone shall have a building height higher than permitted under
the "Air Safety and Hazardous Zoning Act." In addition, no building
may have a building height higher than 40 feet, or one foot of vertical
height for each seven feet of horizontal distance when measured from
any property line, whichever is lower.
(b)
The end of the runway shall be no closer than 400 feet to the
property line of the airport.
(c)
For each aircraft parking space, there shall be at least one
off-street parking space for a motor vehicle. Said vehicular parking
spaces shall be located at least 100 feet from the property line.
(d)
Additional structures for the purpose of mechanical repairs
may be approved provided they are located at least 400 feet from any
property line.
(e)
Takeoffs and landings shall be limited to daylight hours and
no beacons, runway lights or other lighting in support of night flying
shall be permitted.
(f)
Development Limitations in Airport Hazard Areas. In recognition
of the existing airport located adjacent to Pennington-Lawrenceville
Road in the VRC District and the portion of the airport hazard area
extending into Hopewell Township from the Mercer County Airport located
in Ewing Township, and in accordance with the requirements of N.J.A.C.
16:62 et seq., notwithstanding the permitted uses, building heights,
and other area, yard and bulk requirements permitted in this section,
development in the airport hazard area surrounding the airport shall
be as follows:
(1)
The "airport hazard area" is any
area of land or water, or both which may create a dangerous condition
for persons or property in or about an airport or aircraft during
landing or take-off at an airport. It consists of the following areas
surrounding the airport runway:
[a]
The "runway subzone" is that rectangular area along
both sides of the runway extending 1,175 feet from the centerline
along both sides of the runway. No structures, buildings or trees
within this area shall be so high as to penetrate a plane having a
slope that rises from the side of the runway at a slope of seven feet
horizontal to one-foot vertical. The beginning point shall be 125
feet off the side of, and parallel to, the centerline of the runway.
The beginning elevation shall be the elevation of the runway.
[b]
The "runway end subzone" is that trapezoid area
at both ends of the runway. Its length shall be 3,000 feet from the
end of the runway measured in a straight line along an extension of
the centerline of the runway. Its width at the end of the runway shall
be equal to the width of the runway subzone as described above, and
then narrows uniformly to a width of 850 feet at the far end located
3,000 feet from the runway. No structures, buildings or trees within
this area shall be so high as to penetrate the lower elevation of
either of the following two planes. The elevations shall be measured
from the elevation of the runway and should be measured from, or along
the extension of, the centerline of the runway: (i) a plane rising
along both sides of the extension of the runway centerline having
a slope that rises one foot vertically for each seven feet moved horizontally
moving away from one side of the extended centerline of the runway.
The beginning point shall be 125 feet off to the side of, and parallel
to, the centerline of the runway; (ii) a plane that rises from the
end of the runway that widens as the distance from the end of the
runway increases. The slope of this plane follows the extended centerline
of the runway and rises one foot vertically for each 20 feet moved
horizontally up to a maximum height of 150 feet located at the end
of the "runway end subzone." This plane shall begin with a width of
250 feet at the end of the runway (125 feet on either side of the
centerline of the runway) and widen uniformly to 850 feet at the end
of the "runway end subzone."
[c]
The "clear zone" is that trapezoid area at both
ends of the runway. Its length shall be 1,000 feet from the end of
the runway measured in a straight line along an extension of the centerline
of the runway. Its width at the end of the runway shall be 250 feet,
then widens uniformly to 450 feet at the end of the clear zone located
1,000 feet from the end of the runway. Half its width shall be on
either side of the extension of the centerline of the runway.
(2)
Notwithstanding the permitted uses allowed within the affected
VRC, R-100 and R-5 Districts, uses permitted within the "clear zone"
of the airport hazard area shall be limited to the yard areas of the
permitted uses, highways, open spaces and agriculture. Uses permitted
in the airport hazard area (but outside the clear zone) shall be residences
on lots of at least three acres, yard areas of permitted uses, highways,
open spaces and agriculture. Applications submitted for permitted
uses in the applicable zoning district that are other than those noted
above shall be reviewed in the interest of eliminating, or at worst
minimizing, the intrusion into the airport hazard area through the
use of cluster zoning or similar design techniques. For locating highways,
they shall be considered developments with vertical heights as follows:
interstate highways, 17 feet; other public roads, 15 feet; private
roads, 10 feet; and railroads, 23 feet. Where the permitted development
can only be achieved with an intrusion into the airport hazard area,
the township shall grant only conditional approval, conditioned on
the applicant applying for and receiving a permit from the Commissioner
of the Department of Transportation in accordance with the procedures
of N.J.A.C. 16:62 et seq. If the commissioner denies the request,
the township's conditional approval shall be void and the application
shall have been considered to have been denied.
9.
Child Care Centers. Child care centers serving six or more children
at any one time shall be permitted as a conditional use in the MRC,
VRC, R-150, R-100, R-75, R-50, and R-5 residential districts conditioned
on the facility being licensed by the State Department of Human Services,
Division of Youth and Family Services; the use being a principal use
on the lot and not part of a residential property; the use having
no more than 100 children at any one time; the minimum lot area being
the smaller of either six acres or two times the minimum lot size
required in the zoning district in which the property is located;
and the property shall have access from either an arterial or collector
street. The matters in paragraphs (a) and (b) below shall be normal
zoning and design issues and are not conditions for the conditional
use.
(a)
The lot requirements shall be:
|
Min. Lot Width
|
250 feet
|
|
Min. Lot Depth
|
200 feet
|
|
Min. Front Yard
|
75 feet (Bldgs and recreation areas)
|
|
Min. Side Yard
|
75 feet (Bldgs)
|
|
Min. Rear Yard
|
75 feet (Bldgs)
|
|
Max. Building Height
|
35 feet; 2 story
|
|
Max. Floor Area Ratio
|
0.05
|
|
Max. Lot Coverage (Bldg. & Paving)
|
15%
|
|
Min. Setback for driveways and parking areas from
any lot line
|
40 feet
|
|
Min. Setback for recreation areas
|
50 feet from side and rear lot lines. None permitted in front
yard
|
(b)
Drop-Off Area. Each child care center shall designate at least
six parking spaces as "No Parking: Student Drop-Off and Pick Up Only".
No drop-off area shall be located so it requires students to cross
a street, driveway or aisle to get to the sidewalk entering the building.
Each space shall be located adjacent to the sidewalk in front of the
facility so a child may exit or enter the vehicle either directly
to or from the sidewalk, such as from parallel parking spaces, or
to or from the space between vehicles in angled parking spaces.
(c)
The space between the recreation area and the abutting lot lines
shall be planted with evergreen material spaced so as to provide a
dense visual screen. The recreation area shall be enclosed with a
fence at least five feet high. Access to the recreation area from
the building shall not require the children to cross a street, driveway,
aisle, or loading area.
e.
Commercial Vehicle Parking in Residential Districts. No motor vehicle
bearing commercial registration plates shall be parked upon any lot
located in a residential district unless the following conditions
are met:
1.
Only one commercial vehicle per dwelling unit may be parked in the
open. Any additional commercial vehicles, or any trailers, parked
at the site shall be parked in a fully enclosed, permanent garage;
and
2.
Parked commercial vehicles and trailers cannot be parked closer to
a street or other lot line than the minimum setback requirements for
the principal building; and
3.
No commercial vehicle shall exceed 3/4 ton capacity;
4.
Commercial vehicle(s) and any trailers shall be registered to or
used by a resident of the premises upon which it is parked and the
commercial vehicle(s) shall be the customary means of transportation
to and from work. No residential property shall be used as a parking
lot for commercial vehicles or trailers that are used by employees
other than the resident of the lot; and
5.
Commercial vehicles shall not create a nuisance by reason of noise,
fumes, dust or otherwise; and
6.
In the event the owner or resident of the lot constructs a garage,
or extends a driveway, or adds a parking area to accommodate commercial
vehicles and/or trailers, the maximum permitted lot coverage (buildings
and paving, including compacted stone areas) shall not be exceeded;
and
7.
No body work or painting of commercial vehicles and trailers is permitted.
If oil changes and routine maintenance work is to be performed on-site,
it is only permitted if done in an enclosed garage; and
8.
Farm vehicles may be parked on farms.
f.
Recreational Vehicles. Defined as boats, boat trailers; self-propelled
vehicles containing sleeping accommodations; non-self-propelled vehicles
containing sleeping accommodations which are less than 35 feet long
and bear current vehicle registration and are ready for highway use;
camper-mounted bodies for pick-up trucks, when not installed on a
pick-up truck; other trailers, and other similar vehicles may not
be stored (October 16 through April 14) between the street and front
line of a building nor within one-half of the required minimum side
yard or rear yard, with the following exceptions and conditions:
1.
Vehicles which are 35 feet long or longer shall be considered as
structures and not as recreational vehicles;
2.
Pick-up trucks with camper-mounted bodies, vans and motor homes shall
be considered as passenger vehicles and not as recreational vehicles
so long as they are not more than 25 feet long or 11 feet high;
3.
Not more than one boat, with or without trailer, and one other recreational
vehicle may be stored on any lot unless the additional vehicles are
stored within a totally-enclosed and roofed structure;
4.
In R-50, R-75 and R-100 zones, recreational vehicles may be stored
closer to a side or rear property line than provided above so long
as the angle measured from predominant ground level at the property
line to the top of the vehicle is no greater than 45°.
5.
If there is no residence on the property, no recreational vehicle
may be stored within any required yard setback area.
g.
Lot, Yard, Height and Coverage Requirements for Nonresidential Uses.
|
Uses
|
Minimum Lot
|
Minimum Yard
|
Maximum
| |||||
|---|---|---|---|---|---|---|---|---|
|
Area
|
Width
|
Depth
|
Front
|
Each Side
|
Rear
|
Bldg. Hgt.
|
Lot Cover
| |
|
Agriculture
|
5 ac.
|
N.A.
|
N.A.
|
N.A.
|
N.A.
|
N.A.
|
60 feet
|
N.A.
|
|
Cemetery
|
3 ac.
|
250 feet
|
250 feet
|
20 feet
|
20 feet
|
20 feet
|
20 feet
|
N.A.
|
|
Church
|
3ac.
|
250 feet
|
250 feet
|
100 feet
|
50 feet
|
50 feet
|
35 feet
|
25%
|
|
School
|
15 ac.
|
400 feet
|
400 feet
|
100 feet
|
100 feet
|
100 feet
|
35 feet
|
20%
|
|
Golf Course
|
75 ac.
|
N.A.
|
N.A.
|
N.A.
|
N.A.
|
N.A.
|
N.A.
|
N.A.
|
|
Home Occupation
|
(Same as detached dwelling)
| |||||||
|
Library
|
3 ac.
|
250 feet
|
250 feet
|
100 feet
|
50 feet
|
50 feet
|
35 feet
|
40%
|
|
Resident Professional Office
|
(Same as detached dwelling)
| |||||||
|
Utility Service
|
20,000 square feet
|
100 feet
|
125 feet
|
45 feet
|
25 feet
|
40 feet
|
35 feet
|
20%
|
h.
Setback and Height Requirements for Accessory Structures on Residential
and Nonresidential Lots.
|
Use
|
Minimum Distance to
| |||
|---|---|---|---|---|
|
Front Lot Line
|
Side Lot Line
|
Rear Lot Line
|
Max. Hgt.2
| |
|
Barn, Silo, Animal Shelter
|
100 feet
|
100 feet
|
100 feet
|
60 feet
|
|
Farm Stand
|
20 feet
|
100 feet
|
N.A.
|
14 feet
|
|
Nursery Outlet
|
65 feet
|
100 feet
|
N.A.
|
14 feet
|
|
Swimming Pool
|
Note 1
|
20 feet
(10 feet in the R-5 District)
|
20 feet
|
N.A.
|
|
Tennis Court:
| ||||
|
Unlighted
|
Note 1
|
20 feet
|
20 feet
|
N.A.
|
|
Lighted
|
Note 1
|
40 feet
|
40 feet
|
N.A.
|
|
Garage
|
Note 1
|
20 feet
|
20 feet
|
18 feet
|
|
Tool Shed
|
Note 1
|
10 feet
|
10 feet
|
14 feet
|
|
Pro Shop, Club House Restaurant
|
400 feet
|
400 feet
|
400 feet
|
35 feet
|
|
Note 1. Same as the front yard setback for the principal building.
|
|
Note 2. Any development located in an airport hazard area shall be limited to such lower height as required in an airport hazard area. The maximum height allowed shall be dependent on the distance of the structure or tree from the side or the end of the runway and shall be limited in height as defined in section 17-159d8.
|
|
For other detached accessory structures to residences, the side
and rear line requirements shall be one-half those specified for the
principal structure and the front line requirement shall be the same
as the principal structure.
|
i.
R-150 District: Residential Uses. Only single-family detached dwellings and conversions (section 17-145) are permitted as residential uses in this district. The minimum requirements shall be:
|
R-150
|
Non-Cluster Design
|
Cluster Design (Section 17-79)
|
|---|---|---|
|
Minimum Lot Area
|
60,000 square feet
|
40,000 square feet
|
|
Minimum Lot Width
|
200 feet
|
150 feet
|
|
Minimum Lot Depth
|
200 feet1
|
200 feet1
|
|
Minimum Front Yard
|
75 feet
|
75 feet
|
|
Minimum Side Yard
|
50 feet ea.
|
40 feet ea.
|
|
Minimum Rear Yard
|
50 feet
|
50 feet
|
|
Maximum Building Height
|
35 fee2
|
35 feet2
|
|
Maximum Lot Coverage
|
15%
|
15%
|
|
Minimum Open Space
|
—
|
25%3
|
|
Note: 1. All lots requiring reverse frontage along arterial and collector streets have an additional 25 feet of depth to allow for the establishment of the buffers outlined in subsection 17-89j.
|
|
Note: 2. Any developer located in an airport hazard area shall be limited to such lower height as required in an airport hazard area. The maximum height allowed shall be dependent on the distance of the structure or tree for the side or the end of the runway and shall be limited in height as defined in section 17-159d8.
|
|
Note: 3. The open space requirement is only applicable to cluster
designs.
|
|
The maximum density of units per gross acre of land in the R-150
District shall be 0.6 unit per acre.
|
j.
R-100 District: Residential Uses.
1.
Single family detached dwellings are permitted in this district.
2.
Maximum Number of Dwelling Units. The maximum number of dwelling
units permitted on a lot shall be calculated as specified in the following
table:
|
R-100 District With Sanitary Sewer and Water Distribution Systems
| |||
|---|---|---|---|
|
Minimum
|
Cluster
|
Conventional Development
|
With Wells and/or Septic
|
|
Lot Area
|
7,000 square feet
|
20,000 square feet
|
80,000 square feet
|
|
Lot Width
|
70 feet
|
100 feet
|
150 feet
|
|
Lot Depth1
|
100 feet
|
125 feet
|
200 feet
|
|
Front Yard2
|
30 feet
|
45 feet
|
75 feet
|
|
Side Yard
|
10 feet ea.
|
20 feet ea.
|
40 feet ea.
|
|
Rear Yard
|
25 feet
|
40 feet
|
50 feet
|
|
Open Space
|
55%
|
N/A
|
N/A
|
|
Maximum
|
Cluster
|
Conventional Development
|
With Wells and/or Septic
|
|---|---|---|---|
|
Building Height3
|
35 feet and 2 sty.
|
35 feet and 2 sty.
|
35 feet and 2 sty.
|
|
Lot Coverage
|
30%
|
20%
|
15%
|
|
Density: Single Family
|
2.0/acre4
|
2.0/acre4
|
0.5/acre
|
|
NOTES:
|
|---|
|
Note 1. All lots requiring reverse frontage along arterial and collector streets shall have an additional 25 feet of depth to allow for the establishment of the buffers outlined in section 17-89j.
|
|
Note 2. Whenever a pattern of existing building setbacks or
front yards, involving 4 or more dwellings adjacent to and located
on each side of the proposed structure are established at less than
the minimum front yard required above, a new structure may be built
no closer to the street line than the average setbacks of such existing
buildings.
|
|
Note 3. Any development located in an airport hazard area shall be limited to such lower height as required in an airport hazard area. The maximum height allowed shall be dependent on the distance of the structure or tree from the side or the end of the runway and shall be limited in height as defined in section 17-159d8.
|
|
Note 4. Any development in the R-100 District exceeding a density of 1.0 unit/acre shall be permitted only when the property is served by both water and sewer and when the developer contributes to the township's lower income housing fund established to assist the development of lower income housing. For each additional detached single family dwelling unit in excess of 1.0 unit/acre, the developer shall make a payment to the lower income housing fund in the amount and manner set forth in Chapter 10.
|
|
In residential developments with sewer service from ELSA, or
the Stony Brook system serving Hopewell Borough or Pennington Borough,
where at least 50% of the tract being served is set aside in wetlands,
wetland buffers, or other permanent open space (public or private
and which open space area may include detention basins), the maximum
lot coverage on any individual lot shall be 30% of the lot area provided
(1) the maximum size of any lot used for calculation purposes is 50,000
square feet including easements, and (2) that the maximum average
lot coverage among all lots in the development shall be 20% of the
total lot area, using a maximum area of 50,000 square feet for any
single lot, including easements.
|
3.
Adult Housing. Higher density single family homes, apartments, townhouses
or similar forms of multi-family housing are permitted in the R-100
District conditioned on the overall development as well as each unit
within the development having a deed restriction limiting the units
to occupancy by at least one person 55 years of age or older per unit
and prohibiting children under age 18. The development shall also
be conditioned on a maximum density of six units per acre and the
following zoning standards:
|
Standard
|
Adult Housing
|
Convenience Business
|
|---|---|---|
|
Min. Lot Width
|
300 feet
|
275 feet
|
|
Min. Lot Depth
|
300 feet
|
300 feet
|
|
Min. Front Yard
|
50 feet
|
100 feet
|
|
Min. Side Yard
|
25 feet
|
50 feet
|
|
Min. Rear Yard
|
25 feet
|
50 feet
|
|
Distances Between Buildings
|
30 feet
|
30 feet
|
|
Maximum Building Height
|
2 story, 30 feet
|
1 story, 20 feet
|
|
Maximum Lot Coverage
|
55%
|
65%
|
|
Maximum Floor Area Ratio
|
None
|
0.20
|
|
Minimum Off-Street Parking
|
See section 17-95
|
|
The development shall be conditioned further on the site abutting a primary arterial or secondary arterial road as set forth in the Circulation Plan of the Master Plan but being designed so that no driveway serving any individual use (residential or nonresidential) shall directly access the abutting arterial road(s): having both public water and sanitary sewer services; having a minimum tract size of seven contiguous acres if the development is all residential, or at least 15 contiguous acres if containing any permitted business uses; and having 10% of the units in the development restricted to households of moderate income as set forth in section 17-92. An adult housing development may have up to 15% of the area of the lot devoted to businesses which are limited to providing convenience services such as, but not limited to, banking, professional offices, restaurant and the retail sale of food, pharmaceuticals, and general merchandise provided the minimum lot area devoted to businesses is two acres and the maximum lot area is five acres and conditioned further on the businesses being designed as an integral part of an adult housing development; the businesses being located along the abutting arterial road(s) both with their driveway access intersecting the main entrance road to the adult housing development and not intersecting the abutting arterial road; and with the acreage devoted to business uses, including parking, loading, and setbacks, being deducted from the area of the total tract so the residential density is based on the remaining acreage of the tract.
|
k.
R-75 and R-50 Districts: Residential Uses.
1.
Only single-family detached dwellings are permitted as residential
uses in these districts.
The minimum requirements shall be:
|
Requirement
|
R-75
|
R-50
|
|---|---|---|
|
Minimum Lot Area
|
11,250 square feet
|
6,250 square feet
|
|
Minimum Lot Width
|
75 feet
|
50 feet
|
|
Minimum Lot Depth
|
125 feet
|
125 feet
|
|
Minimum Front Yard
|
40 feet
|
40 feet
|
|
Minimum Side Yard
|
10 feet ea.
|
10 feet
|
|
Minimum Rear Yard
|
25 feet
|
25 feet
|
|
Maximum Building Height
|
35 feet and 2 sty.
|
35 feet and 2 sty
|
|
Maximum Lot Coverage
|
25%
|
40%
|
|
Maximum Density
|
3.0 units/acre
|
5.5 units/acre
|
2.
Minimum Front Yard. Whenever a pattern of existing building setbacks or front yards, within 200 feet of a lot on the side of the street, is established at less than the minimum front yard required by section 17-159k1 above, a new structure may be built no closer to the street line than the average setbacks of such existing buildings.
l.
R-5 District: Residential Use.
1.
The purpose of this district is to create a district with reasonable
access to major highways and utility services in which the density
can be increased sufficiently to provide for the construction of low
and moderate income housing.
m.
R-6 District: Residential Use.
1.
The purpose of this district is to provide for an expansion of age-restricted
housing under the provisions of the Fair Housing Act limiting the
units to occupancy by at least one person 55 years of age or older
per unit and prohibiting children under the age of 18. The exception
to the age restriction is the requirement for affordable housing units
constructed after January 1998 which shall be non-age restricted rental
units.
2.
The permitted housing types are limited to higher density apartments,
townhouses, quadplexes or similar forms of multi-family housing conditioned
on each unit within the development, other than the low and moderate
income units constructed after January 1998, having a deed restriction
limiting the units to occupancy by at least one person 55 years of
age or older per unit and prohibiting children under the age of 18.
3.
The housing development shall meet the following zoning standards:
|
Standard
| |
|---|---|
|
Min. Lot Width
|
300 feet
|
|
Min. Lot Depth
|
300 feet
|
|
Min. Setback from the Perimeter of the Tract
|
50 feet
|
|
Min. Front Yard
|
50 feet
|
|
Min. Side Yard
|
25 feet
|
|
Min. Rear Yard
|
25 feet
|
|
Min. Distance between Bldgs.
|
30 feet or a distance equivalent to the height of the taller
building, whichever is greater, except that where the facades of 2
buildings are opposite 1 another for a distance greater than 75 feet,
the distance between buildings shall be at least 50 feet.
|
|
Max. Building Height
|
3 stories; 35 feet
|
|
Max. Lot Coverage
|
55%
|
|
Max. Floor Area Ratio
|
None
|
|
Max. Density
|
6 units/gross acre1
|
|
Note 1: Where the development contains business uses, the business uses shall conform to the conditional use provisions in section 17-159d7 but the acreage devoted to the business uses may also be used in calculating the number of housing units allowed in the overall development. The maximum density of 6 units/acre shall apply to the total of all residential and nonresidential acreage combined. The housing generated by the nonresidential acreage shall be transferred to the residential portion of the development so that the density on the net residential portion of the development is increased above 6 units/acre to accommodate the units generated from the nonresidential acreage.
|
4.
The housing development shall be required to provide at least 15% of the units as affordable housing units (half low income and half moderate income) consistent with the provisions of section 17-92. Each of these units constructed after January 1998 shall be rental units and be non-age restricted. Each of the low and moderate income units constructed before January 1998 shall remain as they were approved, i.e., owner-occupied and age-restricted as set forth in paragraph m1 above. Any rental credits permitted under NJ COAH's[2] rules and generated as a result of the construction of
rental units after January 1998 shall be credited against the Township's
affordable housing obligation, not the developer's obligation.
[2]
Editor's Note: New Jersey Council on Affordable Housing.
5.
The development shall be conditioned on receiving subdivision and site plan approval, which approval(s) shall require the execution of a developer's agreement and appropriate restrictions on the entire tract in order to reasonably guarantee the actual construction and the phasing in of the low and moderate income housing obligation in accordance with section 17-92 as an integral part of the requirements of this zoning district.
[Ord. #02-1268 § 6; Ord. #03-1282, § 1;
Ord. #04-1325, §§ 8- 14; Ord. #04-1329, § 1]
a.
Purpose. The purpose of these districts is to implement the goals,
objectives and principles of the 2002 Master Plan relative to protecting
environmentally sensitive areas, recognizing development capacity
limitations established by natural resource capabilities, maintaining
the rural character and providing for sustainable development. These
districts have been designed to comprehensively address the interrelated
goals of protecting groundwater quantity and quality, maintaining
surface water resources, conserving the scenic rural character, addressing
limiting soil conditions and promoting continued agricultural use
opportunities, while also providing a range of development opportunities
that offer alternatives for the landowner.
c.
Permitted Accessory Uses. Any accessory use permitted in section 17-159c is permitted in the VRC and MRC Districts.
d.
Permitted conditional uses. Conditional uses permitted in § 17-159d2 to 6, 8 and 9. Additionally, cannabis cultivation and cannabis manufacturing uses shall be permitted in the VRC Zoning District, on lots of at least 50 acres, and which are located on a state or county road, no more than two miles from an interstate interchange. All cannabis uses are also subject to the requirements set forth in § 17-150 of this Code.
[Amended 9-13-2021 by Ord. No. 21-1760]
g.
The lot, yard, height and coverage requirements for nonresidential uses as specified in section 17-159g shall govern nonresidential uses in the VRC and MRC Districts.
h.
The setback and height requirements for accessory structures on residential and non-residential lots as specified in section 17-159h shall govern accessory structures in the VRC and MRC Districts.
i.
Development Standards for Conventional Subdivisions, Lot Averaging,
Cluster and Open Lands Designs. The minimum requirements are as follows:
|
Requirement
|
VRC
|
MRC
| ||
|---|---|---|---|---|
|
Conventional Subdivision
|
Lot Averaging, Cluster or Open Lands Design
|
Conventional Subdivision
|
Lot Averaging, Cluster or Open Lands Design
| |
|
Minimum lot area
|
6 acres
|
80,000 square feet
|
14 acres
|
80,000 square feet
|
|
Minimum lot width
|
300 feet
|
200 feet
|
400 feet
|
200 feet
|
|
Minimum lot depth
|
400 feet1
|
200 feet1
|
500 feet1
|
200 feet1
|
|
Minimum front yard2
|
100 feet
|
75 feet
|
150 feet
|
75 feet
|
|
Minimum side yard
|
60 feet ea.
|
50 feet ea.
|
75 feet ea.
|
50 feet ea.
|
|
Minimum rear yard
|
60 feet
|
50 feet
|
75 feet
|
50 feet
|
|
Maximum building height
|
35 feet3
|
35 feet3
|
35 feet
|
35 feet
|
|
Maximum lot coverage
|
10%
|
15%
|
6%
|
15%
|
|
Minimum open space
|
—
|
60%4
|
—
|
75%4
|
|
Note 1. All lots requiring reverse frontage along arterial and collector streets shall have an additional 25 feet of depth to allow for the establishment of the buffers outlined in subsection 17-89j.
|
|
Note 2. Lots fronting on Route 31 shall have a minimum front
yard setback of 200 feet.
|
|
Note 3. Any developer located in an airport hazard area shall be limited to such lower height as required in an airport hazard area. The maximum height allowed shall be dependent on the distance of the structure or tree for the side or the end of the runway and shall be limited in height as defined in section 17-159d8.
|
1.
The maximum density of units per gross acre of land in the VRC District
shall be 0.17 unit per acre, and in the MRC District shall be 0.075
unit per acre.
2.
Open lands subdivisions are permitted on tracts of 18 acres or more
in the VRC District and 40 acres or more in the MRC District. This
option is intended to promote the retention of large contiguous wooded
tracts and large farm tracts, and to promote the aggregation of smaller
wooded and farm parcels. It is also intended to encourage and promote
flexibility, economy and environmental soundness in subdivision layout
and design. The following standards shall apply to open lands subdivisions.
(a)
The open lands development plan shall not result in a greater
dwelling unit yield than if the property in question were developed
as a conventional subdivision. In order to determine the maximum number
of lots for an open lands subdivision, a conforming plan of a conventional
subdivision shall be submitted, based on minimum lot areas of 5.9
acres in the VRC District and 13.3 acres in the MRC District. The
concept plan shall be in sufficient detail to permit the planning
board to make an informed decision as to the subdivision satisfying
all ordinance requirements and in a form that would be acceptable
to the planning board as a conventional subdivision without the need
for any lot area or lot dimension variances or exceptions to subdivision
design standards. The number of lots on the concept plan shall be
the maximum number of lots permitted under an open lands subdivision.
(b)
At least 60% of the tract, if located in the VRC District, and
75% of the tract, if located in the MRC District, shall be designated
as "open lands" and shall, as a condition of approval of the development,
be deed restricted for agricultural or conservation use. Lots qualifying
as open lands shall be permitted a primary residence and other accessory
building or uses as provided in this section.
(c)
At least 60% of designated "open lands" shall be some combination
of unconstrained land area, or prime soils or soils of statewide importance,
or prime forested area. On tracts in areas which are predominantly
active agricultural lands or consist of prime agricultural soils or
soils of statewide importance, the preservation of agricultural lands
and soils shall take precedence. On tracts in areas which are predominantly
prime forested areas, the preservation of forested areas shall take
precedence.
(d)
For tracts of 100 acres or less, the open lands shall be contained
in one deed-restricted contiguous parcel; for tracts greater than
100 acres, the open lands may be composed of noncontiguous parcels,
provided that each open lands area shall contain at least 50 contiguous
acres.
When noncontiguous parcels of at least 50 acres are provided,
each parcel may have a residence, provided that the total density
is not exceeded.
(e)
All lots created under this subdivision option shall be deed
restricted against further subdivision for the purpose of creating
an additional lot or lots.
(f)
The design of the development utilizing this option shall foster
the following objectives: retention of large contiguous farmland areas;
retention of large contiguous prime forested areas; stream corridor
and wetlands preservation; aquifer recharge protection; steep slope
protection; overall site design; reduction of impervious coverage;
traffic circulation; and, sensitivity to the site's natural features,
topography and relationship to open lands on neighboring parcels.
(g)
In forested areas, the design of the development shall include
a 200-foot buffer along existing roads, which shall either maintain
existing woodlands or establish new forested areas for those areas
that are disturbed during site development or are currently cleared.
The intent of this provision is to maintain the scenic roadside views
in the township.
(h)
Development on hillsides shall be located at an appropriate
point in the foreground to midground of the hill so that the development
does not create a barrier visible from the existing road.
(i)
Natural features such as trees, hilltops and views, natural
terrain, open waters and natural drainage ridge lines shall be preserved
wherever possible in designing any development containing such features.
As part of the subdivision or site plan review process, development
should be designed to preserve scenic vistas and views of cultural/historic
landmarks and of unique geologic and topographic features. On hillsides,
development should be sited below the ridgeline and the height and
location of development should protect unobstructed views of the ridges
from public roadways.
(j)
The applicant is advised to submit a concept plan of the open
lands subdivision for review and comment in accordance with this chapter.
3.
Cluster subdivisions on tracts of 18 acres or more in the VRC District
and 40 acres or more in the MRC District are permitted in accordance
with the following standards:
(a)
The cluster subdivision development plan shall not result in
a greater dwelling unit yield than if the property in question were
developed as a conventional subdivision. In order to determine the
maximum number of lots for a cluster subdivision, a conforming plan
of a conventional subdivision shall be submitted, based on minimum
lot areas of 5.9 acres in the VRC District and 13.3 acres in the MRC
District. The concept plan shall be in sufficient detail to permit
the planning board to make an informed decision as to the subdivision
satisfying all ordinance requirements and in a form that would be
acceptable to the planning board as a conventional subdivision without
the need for any lot area or lot dimension variances or exceptions
to subdivision design standards. The number of lots on the concept
plan shall be the maximum number of lots permitted under a cluster
subdivision.
(b)
The minimum open space shall be 60% of the total tract in the
VRC District, and 75% of the total tract in the MRC District.
(c)
Areas reserved as permanent open space shall have a minimum
contiguous area of not less than five acres and no portion thereof
shall be less than 50 feet in width. At least 50% of the open space
shall be unconstrained lands. The open space area(s) shall be contiguous
to open space on adjoining parcels, where applicable, and shall include
areas identified in the township's open space and recreation or conservation
plans, if any, including greenways.
(d)
On tracts in areas which are predominantly active agricultural
lands or consist of prime agricultural soils or soils of statewide
importance, the preservation of agricultural lands and soils shall
take precedence. On tracts in areas which are predominantly prime
forested areas, the preservation of forested areas shall take precedence.
(e)
The open space shall be reserved in perpetuity either by dedication
for public use or for use by the residents of the development by private
covenant or deed restriction for one of the following purposes:
(f)
The proposed development shall comply with the standards contained in sections 17-160i2(f), (g), (h) and (i).
(g)
Provision shall be made to ensure suitable maintenance of any
area to be reserved by private covenant or deed restriction by the
establishment of a property owners' association or other appropriate
organization.
(h)
Nothing contained herein shall be construed to require the planning
board to approve any subdivision employing clustering if said subdivision
is in conflict with any provision of the Hopewell Township Master
Plan or if said subdivision will, in any way, result in a land use
pattern that will adversely affect that portion of the township in
which it lies.
(i)
The applicant is advised to submit a concept plan of the cluster
subdivision for review and comment in accordance with the ordinance.
4.
Lot averaging subdivisions are permitted on tracts of 18 acres or
less in the VRC District and 40 acres or less in the MRC District
in accordance with the following standards:
(a)
The lot averaging development plan shall not result in greater
dwelling unit yield than if the property in question were developed
as a conventional subdivision. In order to determine the maximum number
of lots for a lot averaging subdivision, a conforming plan of a conventional
subdivision shall be submitted, based on a minimum lot size of 5.9
acres in the VRC District and 13.3 acres in the MRC District. The
concept plan shall be in sufficient detail to permit the planning
board to make an informed decision as to the subdivision satisfying
all ordinance requirements and in a form that would be acceptable
to the planning board as a conventional subdivision without the need
for any lot area or lot dimension variances or exceptions to subdivision
design standards. The number of lots on the concept plan shall be
the maximum number of lots permitted under a lot averaging subdivision.
(b)
A lot averaging subdivision may be permitted when the applicant
proposes a distribution of lot areas within the subdivision that results
in at least 60% of the lots having a minimum lot area between 80,000
square feet and 120,000 square feet, except in the case of a two lot
subdivision, in which case one of the two lots shall be 80,000 square
feet to 120,000 square feet.
(c)
The site design of lot averaging subdivisions should shift the
more intensive development toward those lands that can best support
the installation of the dwelling, well, septic system and associated
site improvements. Similarly, lot averaging should seek to preserve
those areas which exhibit sensitive environmental features (i.e.,
water bodies, floodplains, steep slopes, shallow bedrock, aquifer
recharge areas, seasonal high water table, etc.) or which contain
active or prime agricultural lands or prime forested areas.
(d)
On tracts in areas which are predominantly active agricultural
lands or consist of prime agricultural soils or soils of statewide
importance, the preservation of agricultural lands and soils shall
take precedence. On tracts in areas which are predominantly prime
forested areas, the preservation of forested areas shall take precedence.
(e)
The proposed development shall comply with the standards contained in sections 17-160i2(f), (g), (h) and (i).
(f)
The deed for any lot created by lot averaging shall contain
a restriction against its further subdivision for the purpose of creating
an additional lot or lots.
(g)
The applicant is advised to submit a concept plan of the lot
averaging subdivision for review and comment in accordance with the
ordinance.
5.
Conventional subdivisions shall comply with the standards contained in sections 17-160i2(f), (g), (h) and (i). Lots in conventional subdivisions shall front on local streets.
j.
Noncontiguous Cluster Development in the MRC and VRC Districts.
1.
Purpose. The purpose of this subsection is to provide a mechanism
for the transfer of development potential from properties in the MRC
and VRC Districts to municipally designated hamlets in the VRC District.
The intent of this provision is to provide an opportunity to create
an alternative development opportunity that furthers the goals of
resource conservation in the township, while also providing a development
form that supports the goals and policies of the master plan.
2.
Allocation of Standards for the Transfer of Development Potential.
3.
Limitations on the Use of Development Transfers. The owner of the
land from which development potential has been obtained shall deed
restrict the use of the land in perpetuity to those resource conservation
uses authorized and enumerated in the sale or conveyance of the development
potential.
k.
Standards for the Municipal Designation of Hamlets in the VRC District.
1.
Hamlets in the VRC District shall be municipally designated and located
in accordance with the following criteria:
(a)
The hamlet shall be located on a county road as shown on the
circulation plan element in order to provide appropriate transportation
linkages.
(b)
The hamlet shall be located in proximity to existing residential
development and community facilities, so that the area can form a
neighborhood and utilize these community resources.
(c)
The hamlet shall be located where suitable soils for on-site
wastewater disposal exist so that a community wastewater system can
be developed. The wastewater treatment system shall incorporate the
best available technology as approved by the N.J. Department of Environmental
Protection; avoid the discharge of untreated wastewater to the groundwater;
and be operated by a licensed and franchised utility regulated by
the Board of Public Utility Commissioners.
(d)
The hamlet shall be located on a tract with a mix of woodland
and open fields, so that the site design can take advantage of these
features and the development can be attractively designed and shielded/screened.
(e)
The hamlet shall be located where the Stockton/Passaic formations
underlie the site.
(f)
The hamlet is permitted only in the VRC District, although development
may be transferred to the hamlet from the MRC District as well as
the VRC District.
(g)
The hamlet shall be located in an area where aquifer testing
demonstrates that sufficient water supplies are available to sustain
the proposed development, in accordance with township ordinances or
where public water supply provided by a water utility regulated by
the Board of Public Utilities is available.
2.
The hamlet shall be designated only when contiguous and/or noncontiguous
parcels are preserved from development through the transfer of development
potential.
3.
The hamlet shall be designated by the planning board upon the approval
of a planned development incorporating the above features and meeting
the standards of section 17-1601 below.
l.
Development Standards for Hamlets in the VRC District.
1.
Tract Size. The hamlet shall have a minimum size of 60 acres and
a maximum size of 85 acres.
2.
Density. The minimum density shall be 2.5 units per acre and the
maximum density shall be 3 units per acre.
3.
Minimum Lot Size and Lot Development Standards for Residential Uses. The minimum lot size for single family residential lots shall be 7,500 square feet, with a minimum frontage and width of 50 feet, a minimum front yard of 20 feet, minimum side yards of 10 feet, minimum rear yard of 25 feet, maximum building height of 35 feet and a maximum lot coverage of 35%. Atrium homes, patio homes, townhouses, duplexes and quadplexes are permitted in accordance with the standards in section 17-92d3.
4.
Office and Retail Commercial Development. The hamlet shall include
nonresidential uses consisting of retail shops for the convenience
of the residents and/or offices for professionals and telecommuters,
which may include residential uses in combination with the nonresidential
uses. The nonresidential development shall be provided at a maximum
ratio of 75 square feet of commercial/office space per residential
unit. The design of nonresidential development shall respond to the
specific location and needs of the planned community. In some cases
the appropriate location for nonresidential development is the interior
of the hamlet, so that pedestrian linkages are increased and motor
vehicle movements reduced. In other cases the nonresidential development
should be located at the edge of the hamlet in order to provide services
to the surrounding community. A design that integrates both functions
may be the most appropriate in certain locations.
The minimum lot size for nonresidential lots, or lots with a
mix of nonresidential and residential uses, shall be 20,000 square
feet, with a minimum frontage and width of 90 feet, a minimum front
yard of 30 feet, minimum side yards of 15 feet, minimum rear yard
of 35 feet, maximum building height of 35 feet and a maximum lot coverage
of 60%.
5.
Public and Quasi-Public Uses. The hamlet shall include at least 40%
of the tract in open space and parks, including a greenbelt around
the hamlet, and may include public uses such as community buildings
and quasi-public uses such as a house of worship.
m.
"Grandfathering" of Nonconforming Properties in the MRC and VRC Districts.
1.
A single family detached dwelling located in the MRC and VRC Districts,
which has received a certificate of occupancy or temporary certificate
of occupancy prior to September 20, 2001, may be enlarged without
an appeal to the approving authority, even though the dwelling may
be on a nonconforming lot, provided that:
(a)
For properties located in the MRC District:
(b)
For properties located in the VRC District:
(c)
The area, yard, building height and lot coverage requirements
for the former R-250 and R-200 Zoning Districts are as follows:
|
Requirements
|
R-250 District
|
R-200 District
|
|---|---|---|
|
Minimum Lot area
|
3 acres
|
80,000 square feet
|
|
Minimum lot width
|
250 feet
|
200 feet
|
|
Minimum lot depth
|
300 feet
|
200 feet
|
|
Minimum front yard
|
100 feet
|
100 feet
|
|
Minimum side yard
|
60 feet each
|
50 feet each
|
|
Minimum rear yard
|
60 feet
|
50 feet
|
|
Maximum building height
|
35 feet
|
35 feet
|
|
Maximum lot coverage
|
10%
|
10%
|
2.
Accessory buildings or structures may be added to single family detached
dwellings on nonconforming lots located in the MRC or VRC Zoning District,
without an appeal to the approving authority, provided that:
(a)
The dwelling received a certificate of occupancy or temporary
certificate of occupancy prior to September 20, 2001; and
3.
A lot located in the MRC or VRC Zoning Districts may be developed
with a single-family dwelling without an appeal to the approving authority,
provided that:
(a)
For properties located in the MRC District, the lot is an existing
isolated vacant lot with an area measuring at least three acres and
the setbacks and other requirements of the former R-250 Zoning District
can be satisfied; or
(b)
For properties located in the VRC District, the lot is an existing
isolated vacant lot with an area measuring at least 80,000 square
feet and the setbacks and other requirements of the former R-200 Zoning
District can be satisfied; or
(c)
The lot had received final subdivision approval from the planning
board prior to September 20, 2001.
[Ord. #96-1048 § 5; Ord. #99-1133, § 1;
Ord. #02-1268]
a.
Purpose. The purpose of this district is to recognize patterns of
existing, isolated retail uses (single lots or two adjoining uses)
as identified in the master plan. Because the master plan and this
chapter intend to prevent strip commercial patterns from continuing
to emerge, this special zone is intended to recognize existing uses.
It is also intended that the provisions for assisting in the development
of lower income housing as set forth below be a required portion of
any new development in the District.
b.
Permitted Principal Uses.
1.
Retail sale of consumable products, wearing apparel, pharmaceuticals,
hardware, appliances, household goods, confections and general merchandise.
2.
The sale of personal services such as the repair of appliances, furniture
and shoes; cleaners; tailors; barber shops; and beauty salons.
3.
Offices, banks, medical clinics and veterinary hospitals.
4.
Restaurants and bars.
5.
Commercial recreational establishments.
6.
All uses permitted under paragraphs b1 through b5 above and b7 below shall be required to participate in the township's efforts to produce lower income housing as set forth in section 17-92.
7.
Child Care Centers:
(a)
All facilities shall be licensed by the N.J. Department of Human
Services and shall also adhere to the following application regulations.
Where the following regulations conflict with regulations of the Department
of Human Services, the Department of Human Services regulations shall
prevail.
(b)
Zoning and Design Requirements:
"Child Care Centers" for six or more persons shall adhere to
the following regulations:
(1)
The lot requirements for a child care center as a principal
use: Min. Lot size: 1.0 acre for up to the first 40 children, but
in any event such larger area as may be required to accommodate on-site
wells and/or septic systems where public utilities are not available,
plus 0.25 acre for each group, or part of a group, of 10 children
above 40, but need not exceed 2 1/2 acres unless a larger area
is required to accommodate on-site wells and/or septic systems.
|
Min. lot width
|
150 feet
|
|
Min. lot depth
|
200 feet
|
|
Min. front yard
|
75 feet
|
|
Min. side yard
|
30 feet
|
|
Min. rear yard
|
40 feet
|
|
Max. building height
|
35 feet
|
|
Max. floor area ratio
|
0.20
|
|
Max. lot coverage
|
50%
|
|
Min. setback for driveways and parking areas from any lot line
|
25 feet
|
(2)
Recreation Areas: The setbacks for recreation area for child
care centers constructed as a principal use shall be at least 40 feet
from the street right-of-way, at least 25 feet from nonresidential
parking and loading driveways, and internal roads both on-site and
on adjacent sites, and at least 40 feet from any abutting residential
property in a residential zone.
(3)
Where a center is part of a complex which shares parking spaces with other uses, the floor area of the center need not be included in calculating the number of parking spaces to be constructed, but the site plan shall show the location of the parking spaces that are not required to be constructed, but which are generated by the gross floor area of the center, in the event the square footage of the center is occupied by some other use in the future. Where a child care center has its own parking facilities, the number of spaces shall be based on the schedule in section 17-95j.
(4)
Child care centers may also be located within a building whose
principal use(s) is, or are, permitted nonresidential uses provided
the building and lot meet all the area, dimensional, setback, floor
area ratio and other bulk criteria for the district in which the building
is located. Notwithstanding a building having more than one use, the
site with a child care center shall be required to provide a drop-off
area for the center consistent with paragraph (5) below. The off-street
parking required to be constructed shall be based on the gross floor
area of the nonresidential building, excluding the area for the center,
but the site plan shall show the location of the parking spaces that
are not required to be constructed, but which are generated by the
gross floor area of the center, in the event the square footage of
the center is occupied by some other use in the future.
(5)
Drop-Off Area. Each child care center shall provide at least
six parking spaces in addition to the off-street parking requirements.
These six spaces shall be identified as "No-Parking: Student Drop-Off
and Pick Up Only". No drop-off area shall require a student to cross
a street, driveway, aisle, or loading area. Each space shall be located
adjacent to the sidewalk in front of the facility so a child may exit
or enter the vehicle either directly to or from the sidewalk, such
as from parallel parking spaces, or to or from the space between vehicles
in angled parking spaces.
c.
Permitted Accessory Uses.
1.
The residence of the proprietor of the commercial use, provided the
lot size is 50% larger than required for the commercial use and the
residence is in the same structure as the commercial use.
2.
One earth terminal antenna and one associated reflector (or dish)
are permitted on a lot provided they are located within the setback
lines required for the principal use and are located to be screened
from view from residences and public streets by plantings providing
a year-round screen, parapet walls, building facades, walls, or similar
effective device. The antenna and dish may be located on a roof, or
attached to a building, or on the ground. Servicing wires and cables
shall be installed underground. The highest point of the antenna and
dish facility shall be 15 feet above the height of a building, or
10 feet above the maximum building height permitted, whichever is
less.
d.
Conditional Uses.
1.
Pumping stations, transformers and similar utility facilities which are needed in order to provide utility services directly to the consumer, but not repair facilities, offices, open storage, work areas or other aspects of utility operations. Such facilities shall meet the minimum requirements of subsection 17-159g and shall be landscaped or otherwise appropriately integrated into the site design by special architectural treatment in accordance with section 17-89 and, where safety dictates, shall be enclosed with fencing.
e.
Lot, Yard, Height and Coverage Requirements.2
|
Requirement
| |
|---|---|
|
Min. Lot Size
|
80,000 square feet
|
|
Min. Lot Width
|
250 feet
|
|
Min. Lot Depth
|
250 feet
|
|
Min. Front Yard
|
100 feet
|
|
Min. Side Yard
|
50 feet ea.
|
|
Min. Rear Yard
|
70 feet
|
|
Max. Building Height
|
30 feet1
|
|
Max. Lot Coverage
|
65%
|
|
Max. Floor Area Ratio
|
0.20
|
|
Notes:
|
|
Note 1. With residence as accessory use, 35 feet.
|
|
Note 2. Notwithstanding the maximum floor area ratio and other
design controls set forth above, the maximum intensity of development
permitted on those lots not connected to public sewage collection
and public sewage treatment systems or not located in a designated
sewer service area as shown on the Hopewell Township Wastewater Management
Plan shall be the smaller of either the maximum development permitted
by ordinance or the amount of development which would generate a design
influent sewage flow of less than 2,000 gallons per day as determined
in accordance with the prevailing design standards and policies of
the New Jersey Department of Environmental Protection.
|
[Ord. #96-1048, § 6; Ord. #99-1133, § 2;
Ord. #02-1268; Ord. #04-1325, § 15]
a.
Purpose. The purpose of this district is to establish areas for shopping
which have major highway access, shared off-street parking, controlled
access to adjoining streets, and an overall compatible design. It
is also intended that the provisions for assisting in the development
of lower income housing as set forth below be a required portion of
any new development in the SC District.
b.
Permitted Principal Uses. All uses shall be in a shopping center
design containing at least six separate businesses.
1.
The retail sale of consumable products, wearing apparel, pharmaceuticals,
hardware, appliances, household goods, confections and general merchandise.
2.
The sale of personal services such as appliance and shoe repair shops,
cleaners, tailors, barber shops and beauty salons.
3.
Offices, medical clinics and banks.
4.
Theater, bowling alleys, gymnasiums, library, night club, bar, restaurant.
5.
Motel.
c.
Permitted Accessory Uses. One earth terminal antenna and one associated
reflector (or dish) are permitted on a lot provided they are located
within the setback lines required for the principal use and are located
to be screened from view from residences and public streets by plantings
providing a year-round screen, parapet walls, building facades, walls,
or similar effective device. The antenna and dish may be located on
a roof, or attached to a building, or on the ground. Servicing wires
and cables shall be installed underground. The highest point of the
antenna and dish facility shall be 15 feet above the height of a building,
or 10 feet above the maximum building height permitted, whichever
is less.
d.
Permitted Conditional Uses.
1.
Cannabis retail establishments, in accordance with Section 17-151 of this Code.
[Added 4-18-2022 by Ord. No. 22-1770]
2.
Pumping stations, transformers and similar utility facilities which are needed in order to provide utility services directly to the consumer, but not repair facilities, offices, open storage, work areas or other aspects of utility operations. Such facilities shall meet the minimum requirements of section 17-159g and shall be landscaped or otherwise appropriately integrated into the site design by special architectural treatment in accordance with section 17-89 and, where safety dictates, shall be enclosed with fencing.
e.
Lot, Yard, Height and Coverage Requirements.1
|
Requirement
| |
|---|---|
|
Min. Lot Size
|
5 ac.
|
|
Max. Lot Size
|
18 ac.
|
|
Min. Lot Width
|
300 feet
|
|
Min. Lot Depth
|
300 feet
|
|
Min. Front Yard
|
150 feet
|
|
Min. Side Yard
|
75 feet
|
|
Min. Rear Yard
|
75 feet
|
|
Max. Building Height
|
35 feet
|
|
Max. Lot Coverage
|
60%
|
|
Max. Floor Area Ratio
|
0.20
|
|
Any site proposed for development as a shopping center shall
be submitted with an overall plan for the entire property. The plan
may provide for segments of the development to be completed in stages,
provided the approving authority determines that each stage constitutes
an appropriate use and layout of the property should the project not
proceed further.
|
|
Note 1: Notwithstanding the maximum floor area ratio and other
design controls set forth above, the maximum intensity of development
permitted on those lots not connected to public sewage collection
and public sewage treatment systems or not located in a designated
sewer service area as shown on the Hopewell Township Wastewater Management
Plan shall be the smaller of either the maximum development permitted
by ordinance or the amount of development which would generate a design
influent sewage flow of less than 2,000 gallons per day as determined
in accordance with the prevailing design standards and policies of
the New Jersey Department of Environmental Protection.
|
[Ord. #96-1048, §§ 6, 7; Ord. #99-1133, § 3; Ord. No. 02-1268; Ord. #04-1325, §§ 16
- 19]
a.
Purpose. The purpose of this district is to provide areas along arterial
streets where these uses would be compatible with highway safety and
efficiency. It is also intended that the provisions for assisting
in the development of lower income housing as set forth below be a
required portion of any new development in the HBO district.
b.
Permitted Principal Uses.
1.
Nursery and garden center outlets.
2.
(Reserved)
3.
Shopping centers with uses permitted in the SC District and motels,
provided the lot area exceeds 10 acres and the development meets all
other standards of the SC District.
4.
Offices, medical clinics and banks.
5.
(Reserved)
6.
Mortuary.
7.
Veterinary hospital.
c.
Permitted Accessory Uses. One earth terminal antenna and one associated
reflector (or dish) are permitted on a lot provided they are located
within the setback lines required for the principal use and are located
to be screened from view from residences and public streets by plantings
providing a year-round screen, parapet walls, building facades, walls,
or similar effective device. The antenna and dish may be located on
a roof, or attached to a building, or on the ground. Servicing wires
and cables shall be installed underground. The highest point of the
antenna and dish facility shall be 15 feet above the height of a building,
or 10 feet above the maximum building height permitted, whichever
is less.
d.
Permitted Conditional Uses.
1.
Cannabis retail establishments, in accordance with Section 17-151 of this Code.
[Added 4-18-2022 by Ord. No. 22-1770]
2.
(Reserved)
3.
Pumping stations, transformers and similar utility facilities which are needed in order to provide utility services directly to the consumer, but not repair facilities, offices, open storage, work areas or other aspects of utility operations. Such facilities shall meet the minimum requirements of section 17-159g and shall be landscaped or otherwise appropriately integrated into the site design by special architectural treatment in accordance with section 17-89 and, where safety dictates, shall be enclosed with fencing.
e.
Lot, Yard, Height and Coverage Requirements.1
|
Requirement
|
Motel
|
New Car/Truck Dealer, Gymnasium, Car Wash, Nursery & Garden
Center
|
Office, Mortuary, Bank, Medical Center
|
Service Station Building (for island see 17-102)
|
Swim Club/Tennis/Golf Driving Range/Miniature Golf/Par-3 Golf,
Theater, Bowling
|
Veterinary Hospital
|
|---|---|---|---|---|---|---|
|
Min. Lot Area
|
5 ac.
|
2 ac.
|
3 ac.
|
1 ac.
|
4 ac.
|
1 ac.
|
|
Min. Lot Depth
|
300 feet
|
250 feet
|
300 feet
|
200 feet
|
250 feet
|
200 feet
|
|
Min. Lot Width
|
300 feet
|
250 feet
|
250 feet
|
200 feet
|
250 feet
|
150 feet
|
|
Min. Front Yard
|
80 feet
|
100 feet
|
80 feet
|
65 feet
|
80 feet
|
80 feet
|
|
Min. Side Yd. (ea.)
|
80 feet
|
50 feet
|
50 feet
|
30 feet
|
50 feet
|
50 feet
|
|
Min. Rear Yard
|
80 feet
|
70 feet
|
60 feet
|
40 feet
|
80 feet
|
80 feet
|
|
Max. Bldg. Hgt.
|
35 feet
|
35 feet
|
35 feet
|
20 feet
|
35 feet
|
35 feet
|
|
Max. Lot Cover
|
50%
|
50%
|
50%
|
65%
|
50%
|
40%
|
|
Max. Floor Area Ratio
|
0.15
|
0.10
|
0.15
|
0.10
|
0.15
|
0.20
|
|
Notes:
|
|---|
|
Note 1. Notwithstanding the maximum floor area ratio and other
design controls set forth above, the maximum intensity of development
permitted on those lots not connected to public sewage collection
and public sewage treatment systems or not located in a designated
sewer service area as shown on the Hopewell Township Wastewater Management
Plan shall be the smaller of either the maximum development permitted
by ordinance or the amount of development which would generate a design
influent sewage flow of less than 2,000 gallons per day as determined
in accordance with the prevailing design standards and policies of
the New Jersey Department of Environmental Protection.
|
[Ord. #96-1048, § 6; Ord. #99-1133, § 4; Ord. No. 02-1268]
a.
Purpose. The purpose of this district is to provide an office and
commercial conversion district on Route 31 where office uses now exist
and the available vacant lots and few residences would be appropriately
developed for office and limited commercial uses. The standards are
intended to avoid narrow, strip frontage development, and require
controlled access points to Route 31 by merging adjoining parking
lots. It is intended to permit residential uses with low intensity
commercial and office exceptions, but no intensive commercial uses
such as service stations, car washes, fast food restaurants, and food
stores.
b.
Permitted Principal Uses.
1.
Offices and banks.
2.
Medical clinic.
4.
Farms and agriculture in accordance with the standards for the VRC
District.
5.
Business/residence meeting the standards of subsection 17-159c3, except that sales may be made from the premises; no more than two persons may be employed at one time from the property who are not members of the family conducting the occupation and not an actual resident of the dwelling; traffic other than that normally generated by a single-family dwelling is permitted; and the equivalent of the first floor area of the structure may be used to conduct the home occupation.
c.
Permitted Accessory Uses.
2.
Parking and loading.
3.
Storage buildings.
4.
One earth terminal antenna and one associated reflector (or dish)
are permitted on a lot provided they are located within the setback
lines required for the principal use and are located to be screened
from view from residences and public streets by plantings providing
a year-round screen, parapet walls, building facades, walls, or similar
effective device. The antenna and dish may be located on a roof, or
attached to a building, or on the ground. Servicing wires and cables
shall be installed underground. The highest point of the antenna and
dish facility shall be 15 feet above the height of a building, or
10 feet above the maximum building height permitted, whichever is
less.
d.
Conditional Uses. Pumping stations, transformers and similar utility facilities which are needed in order to provide utility services directly to the consumer, but not repair facilities, offices, open storage, work areas or other aspects of utility operations. Such facilities shall meet the minimum requirements of subsection 17-159g and shall be landscaped or otherwise appropriately integrated into the site design by special architectural treatment in accordance with section 17-89 and, where safety dictates, shall be enclosed with fencing.
e.
Lot, Yard, Height and Coverage Requirements.1
|
Requirement
|
Office, Bank
|
Medical Clinic
|
Single Family
|
|---|---|---|---|
|
Min. Lot Area
|
1 ac.
|
1 ac.
|
20,000 square feet
|
|
Min. Lot Width
|
200 feet
|
200 feet
|
100 feet
|
|
Min. Lot Depth
|
200 feet
|
200 feet
|
125 feet
|
|
Min. Front Yard
|
80 feet
|
80 feet
|
45 feet
|
|
Min. Side Yard
|
80 feet
|
80 feet
|
20 feet
|
|
Min. Rear Yard
|
80 feet
|
80 feet
|
40 feet
|
|
Max. Bldg. Hgt.
|
30 feet
|
30 feet
|
30 feet
|
|
Max. Lot Coverage
|
50%
|
60%
|
20%
|
|
Max. Floor Area Ratio
|
0.15
|
0.15
|
NA
|
|
Notes:
|
|---|
|
Note 1. Notwithstanding the maximum floor area ratio and other
design controls set forth above, the maximum intensity of development
permitted on those lots not connected to public sewage collection
and public sewage treatment systems or not located in a designated
sewer service area as shown on the Hopewell Township Wastewater Management
Plan shall be the smaller of either the maximum development permitted
by ordinance or the amount of development which would generate a design
influent sewage flow of less than 2,000 gallons per day as determined
in accordance with the prevailing design standards and policies of
the New Jersey Department of Environmental Protection.
|
[Ord. #96-1048, § 6; Ord. #97-1074, § 2;
Ord. #99-1133, § 5; Ord. #01-1208, § 4; Ord. #02-1268;
amended 8-21-2023 by Ord. No. 23-1807]
a.
Purpose. The purpose of this district is to implement the master
plan by providing an area with a diverse assortment of uses, in recognition
of the existing character of offices, warehouses, flex space and residences,
with good transportation service and influenced by major utility corridors.
It is also intended that the provisions for assisting in the development
of lower income housing as set forth below be a required portion of
any new development in the SI District.
b.
Permitted Principal Uses.
d.
Permitted Conditional Uses.
1.
Automobile service stations provided access is either from Route 31 at an intersecting secondary arterial road as shown on the adopted circulation plan, or is on an interior road designed as part of an industrial/office park, except that no new automobile service station shall be located along Route 31 if it is within 1,000 feet in either direction of an existing station. A service station shall comply with the minimum requirements for new car/truck dealers in subsection 17-163e, and with the standards of section 17-102.
2.
Gymnasiums, indoor tennis courts, similar court games, and recreation centers shall be permitted provided they have access from either a primary arterial or secondary arterial road as shown on the adopted circulation plan or from an interior road in an industrial/office park and which meet the minimum requirements of subsection 17-163e.
3.
Pumping stations, transformers and similar utility facilities which are needed in order to provide utility services directly to the consumer, but not repair facilities, offices, open storage, work areas or other aspects of utility operations. Such facilities shall meet the minimum requirements of subsection 17-159g and shall be landscaped or otherwise appropriately integrated into the site design by special architectural treatment in accordance with section 17-89 and, where safety dictates, shall be enclosed with fencing.
e.
Lot, Yard, Height and Coverage Requirements.
1.
The lot, yard, height and coverage requirements for single-family
homes, conversions and business/residence within the SI District shall
be the same as those which govern development of single-family homes
in the R-100 District.
2.
The lot, yard, height and coverage requirements for an office within
the SI District shall be the same as those which govern development
of an office in the OCC District.
3.
The lot, yard, height and coverage requirements for all other permitted
uses within the SI District shall be as follows:
|
Requirement
| ||
|---|---|---|
|
Min. Lot Size
|
3 acres
|
(See paragraph f below)
|
|
Min. Lot Width
|
300 feet
|
(See paragraph f below)
|
|
Min. Lot Depth
|
300 feet
|
(See paragraph f below)
|
|
Min. Front Yard
|
100 feet
| |
|
Min. Side Yard
|
50 feet
|
When adjoining another nonresidential zone, but 100 feet when
adjoining a residential zone
|
|
Min. Rear Yard
|
50 feet
|
When adjoining another nonresidential zone, but 100 feet when
adjoining a residential zone
|
|
Max. Bldg. Height
|
40 feet
|
Except the height may be increased where the setbacks are greater
than 100 feet based on a height equal to 40% of the shortest setback
from any property or street line, but not to exceed a height of 60
feet
|
|
Max. Lot Coverage
|
50%
| |
|
Max. Bldg. Coverage
|
20%
| |
|
Max. Floor Area Ratio (FAR)
|
0.20
|
|
Note: Management Plan shall be the smaller of either the maximum
development permitted by ordinance or the amount of development which
would generate a design influent sewage flow of less than 2,000 gallons
per day as determined in accordance with the prevailing design standards
and policies of the New Jersey Department of Environmental Protection.
|
f.
Additional Requirements for Industrial/Office Park Designs. Any proposal
to develop an industrial/office park containing three or more lots
or to have three or more structures with separate tenants and having
a minimum tract size of 20 acres may adhere to the following standards,
provided a feasible road and lot configuration for the entire tract
is designed with the initial development proposal. Subsequent modifications
to this design may be made as other parcels are subdivided or leased
but only if the modifications are a logical extension of that portion
already approved or constructed and the modifications provide an adequate
and comprehensive street system to limit congestion and provide proper
access for emergency vehicles (see definition of Industrial/office
park).
1.
The average lot size shall not be less than 2.5 acres.
2.
The minimum lot size shall be two acres.
3.
No lots of less than 2.5 acres may be subdivided until a sufficient
number of lots in excess of 2.5 acres have been subdivided in order
to maintain the minimum average lot size of 2.5 acres over the entire
tract, except that in any event, no more than half the total number
of resulting lots may be less than 2.5 acres.
4.
The minimum lot width and depth for parcels less than three acres shall be 250 feet; the minimum yards shall be: front yard 100 feet; each side yard 50 feet; and rear yard 50 feet, except the side and rear yards shall be 100 feet if abutting a residential zone. The minimum lot width, depth and minimum yards for parcels three acres or more shall be as set forth in subsection 17-165e3.
5.
All other coverage, parking, building height, and other provisions
of this district shall be as set forth in other provisions of this
chapter.
g.
Cannabis Manufacturing Conditio6nal Use Requirements and Additional
Development Standards in the SI Zone.
1.
Conditional Use Requirements.
(a)
License. A cannabis manufacturer shall conform with the requirements of Section 24-5 Licensing and be duly licensed by the State of New Jersey.
(b)
Location, Cannabis manufacturing businesses must be located
at least 1,000 feet from schools, school playgrounds and school athletic
fields in the Township, measured from property line to property line.
(c)
Preliminary architectural drawings that show the building's
appearance and interior layout details sufficient to determine compliance
with this section's provisions shall be provided prior to the
application being deemed complete.
(d)
Prohibitions.
(1)
The on-site consumption or use of cannabis, cannabis products
or services shall be expressly prohibited.
(2)
No cannabis product images shall be displayed or visible to
a person from the exterior of a building. All products shall be stored
only indoors, and any outdoor storage, display and/or on-site advertisement
of products shall be prohibited.
2.
Additional Development Standards.
(a)
Hours of Operation. Hours of operation for cannabis manufacturers shall be limited to the hours of operations specified by the provisions of subsection 24-11a of the Municipal Code.
(b)
Parking and loading. The parking requirements for cannabis manufacturers
shall be the same as those required for manufacturing uses.
(c)
Site Access. Cannabis manufacturers shall be accessible directly
from a public street through an exclusive entrance, independent from
any other use.
(d)
Odor Control. Cannabis manufacturers shall prevent all odors generated from the processing and storage of cannabis from escaping from any building, such that the odor cannot be detected by a reasonable person of normal sensitivity outside the buildings. All cannabis facilities shall have an air treatment system to mitigate cannabis-related odor. The air treatment system shall have sufficient odor-absorbing filtration systems utilizing carbon filters or similar, and ventilation and exhaust systems to eliminate cannabis odors coming from the interior of the premises, such that any odor generated inside the facility is not detectable by a person of reasonable sensitivity at the subject property line. Performance standards of Section 17-97 shall apply.
(e)
Signage, cannabis manufacturers shall meet the signage requirements set forth in subsection 17-150i.
(f)
Security. Cannabis manufacturers shall develop and implement
security protocols sufficient to secure the facility and its contents
and protect the safety of employees and the public. The following
minimum security measures shall be required:
(1)
A video recording security system shall be employed covering
all areas of the facility and the exterior of the building with a
24/7 recording system. All recordings shall be maintained for a period
of at least 30 days.
(2)
An alarm system shall be installed and must include a perimeter
alarm on all building entry and exit points and perimeter windows
connected to a remote monitoring facility and/or the Hopewell Township
Police Department and a failure notification system that provides
notification of any failure in the security system.
[Ord. #96-1048, § 6, 8; Ord. #96-1051; Ord. #98-1096,
§§ 7 — 17; Ord. #99-1133, § 7; Ord.
#00-1157, §§ 1 — 5; Ord. #01-1207, § 10 Ord. No. 02-1268; Ord. #04-1326, §§ 3
— 6; Ord. #07-1402, § 1]
a.
Purpose. The purpose of this district is to establish an area where
office-oriented businesses not involved in retail sales may be located.
The location of the district identifies an area where employment centers
have begun to emerge as well as provide areas where highway access
is appropriate and a major tract of land is available for the development
of employment centers.
b.
Permitted Principal Uses.
1.
Farms and agriculture.
2.
Offices.
3.
Office park.
4.
Research facility.
5.
Hospital; veterinary hospital.
6.
Restaurant.
7.
Child care centers shall be a permitted use and shall meet all the criteria set forth in subsection 17-161b7.
8.
Principal uses permitted in the RO District.
9.
In the OP District, all uses permitted under paragraphs b2 through b8 above shall be required to participate in the township's efforts to produce lower income housing, as set forth in section 17-92. In addition, developers in the OP District may exercise an additional option of dedicating land outside the OP District, but south of Washington Crossing-Pennington Road and south of Pennington-Lawrenceville Road, provided the land would be suited to lower income housing development. This additional land shall be of equal size as the parcel being considered in the OP District with suitable highway access and utility services.
c.
Permitted Accessory Uses.
1.
Parking; supply and equipment storage; cafeteria.
2.
Conference centers for uses on tracts of 100 or more acres.
3.
One earth terminal antenna and one associated reflector (or dish)
are permitted on a lot provided they are located within the setback
lines required for the principal use and are located to be screened
from view from residences and public streets by plantings providing
a year-round screen, parapet walls, building facades, walls, or similar
effective device. The antenna and dish may be located on a roof, or
attached to a building, or on the ground. Servicing wires and cables
shall be installed underground. The highest point of the antenna and
dish facility shall be 15 feet above the height of a building, or
10 feet above the maximum building height permitted, whichever is
less.
4.
Accessory uses permitted in the RO District.
d.
Conditional Uses in the OP District.
2.
Gymnasiums, indoor tennis courts, similar court games, and recreation centers shall be permitted provided they have access from either a primary arterial or secondary arterial road as shown on the adopted circulation plan or from an interior road in an office park and which meet the minimum requirements of subsection 17-163e.
3.
Pumping stations, transformers and similar utility facilities which are needed in order to provide utility services directly to the consumer, but not repair facilities, offices, open storage, work areas or other aspects of utility operations. Such facilities shall meet the minimum requirements of subsection 17-159g and shall be landscaped or otherwise appropriately integrated into the site design by special architectural treatment in accordance with section 17-89 and, where safety dictates, shall be enclosed with fencing.
e.
Lot, Yard, Height and Coverage Requirements for Nonpark Designs.1
|
Requirement
| ||
|---|---|---|
|
Min. Lot Size
|
5 acres
|
(See paragraph f below)
|
|
Min. Lot Width
|
300 feet
|
(See paragraph f below)
|
|
Min. Lot Depth
|
300 feet
|
(See paragraph f below)
|
|
Min. Front Yard
|
100 feet
| |
|
Min. Side Yard
|
50 feet
|
When adjoining another nonresidential zone, but 100 feet when
adjoining a residential zone
|
|
Min. Rear Yard
|
50 feet
|
When adjoining another nonresidential zone, but 100 feet when
adjoining a residential zone
|
|
Max. Bldg. Hgt.
|
40 feet
|
Except the height may be increased where the setbacks are greater
than 100 feet based on a height equal to 40% of the shortest setback
from any property or street line, but not to exceed a height of 60
feet
|
|
Max. Lot Coverage
|
50%
| |
|
Max. Bldg. Coverage
|
20%
| |
|
Max. Floor Area Ratio (FAR)
|
0.20
|
|
Note 1. Notwithstanding the maximum floor area ratio and other
design controls set forth above, the maximum intensity of development
permitted on those lots not connected to public sewage collection
and public sewage treatment systems or not located in a designated
sewer service area as shown on the Hopewell Township Wastewater Management
Plan shall be the smaller of either the maximum development permitted
by ordinance or the amount of development which would generate a design
influent sewage flow of less than 2,000 gallons per day as determined
in accordance with the prevailing design standards and policies of
the New Jersey Department of Environmental Protection.
|
f.
Requirements of Office Park Designs. Any proposal to develop an office
park containing three or more lots or to have three or more structures
with separate tenants and having a minimum tract size of 20 acres
may adhere to the following standards, provided a feasible road and
lot configuration for the entire tract is designed with the initial
development proposal. Subsequent modifications to this design may
be made as other parcels are subdivided or leased but only if the
modifications are a logical extension of that portion already approved
and/or constructed and the modifications provide an adequate and comprehensive
street system to limit congestion and provide proper access for emergency
vehicles. (See definition of Industrial or Office Park.)
1.
The average lot size shall not be less than 3.5 acres;
2.
The minimum lot size shall be two acres;
3.
No lots of less than 3.5 acres may be subdivided until a sufficient
number of lots in excess of 3.5 acres have been subdivided in order
to maintain the minimum average lot size of 3.5 acres over the entire
tract, except that in any event no more than half the total number
of resulting lots may be less than 3.5 acres.
4.
The minimum lot width and depth for parcels less than five acres shall be 250 feet; the minimum yards shall be: front yard 100 feet; each side yard 50 feet; and rear yard 50 feet, except the side and rear yards shall be 100 feet if abutting a residential zone. The minimum lot width, depth and minimum yards for parcels five acres or more shall be as set forth in subsection 17-166e. In the case of a general development plan submitted pursuant to subsection 17-166g, the setbacks from the perimeter of the tract shall be met, but the following minimum yard requirements shall apply to any lot or portion thereof internal to the tract: front yard — 75 feet for a principal building and 15 feet for accessory buildings and structures; each side yard — 25 feet for a principal building, and 15 feet for accessory buildings or structures except parking garages, including associated uses contained in or attached to such garages, may overlap lot lines to serve abutting properties; and rear yard — 25 feet for a principal building and 15 feet for accessory buildings and structures.
5.
All other coverage, parking, building height, and other provisions of this district shall be as set forth in other provisions of this chapter; provided, however, in the case of a general development plan submitted pursuant to subsection 17-166g, the maximum floor area ratio, maximum lot coverage and maximum nonresidential building height requirements shall be as set forth in subsection 17-166g. The maximum floor area ratio and lot coverage requirements set forth in subsection 17-166g4 shall be applied to the tract as a whole and not to individual lots therein. The parking requirements and other provisions of this district not otherwise provided for in this subsection 17-166e or subsection 17-166g shall be set forth in other provisions of this chapter.
g.
General Development Plan in OP District. Notwithstanding the previous provisions of this section, in OP District the developer of a tract whose original acreage was at least 150 acres and having a development period of at least five years may submit a general development plan to the approving authority for review and approval prior to submitting a preliminary plat. The submission shall be in accordance with section 17-126. The design standards for required improvements shall comply with the approved general development plan and the provisions of this ordinance that have not been modified by the approved general development plan.
1.
Purpose. The opportunity to submit a general development plan is
intended to provide opportunities for long range public and private
planning in conjunction with the protection that an approved general
development plan gives to developers under the Municipal Land Use
Law in return for commitments by that developer to making various
improvements and/or contributions toward infrastructure and other
community services.
2.
For general development plans, in addition to the principal and accessory uses permitted under subsections 17-166b and c above, the principal and accessory uses permitted in the RO District shall be permitted, and the plan shall contain the elements required in section 17-126 to address related housing, if applicable, and services to the businesses, the employees, and any residents in the proposed development.
3.
A housing component shall be provided in compliance with the applicable portions of section 17-92. Where the applicant chooses to make the monetary contributions, the payments shall be made for each building in the development in accordance with the Hopewell Township Development Fee Ordinance.
4.
The principal nonresidential permitted uses shall be oriented to employment centers consisting of offices and research facilities. Service uses to the offices and research uses shall be limited to no more than 20% of the gross floor area of the nonresidential uses in the development and shall be limited to the sale of supplies, furniture, and equipment to support the office and research uses, together with related equipment repair and service uses. Other retail and service uses permitted in the plan shall be limited to 5% of the gross floor area of the nonresidential uses in the development and shall be limited to such uses as restaurants, delicatessens, banks, pharmacies, and such retail uses as individual clothing and shoe stores, gift shops, flower shops, and personal services such as barber shops, beauty salons, cleaners, tailors, and shoe repair. Where there is more than 500,000 square feet of office and/or research uses in the development, one conference center and one hotel shall also be permitted. The maximum floor area ratio of nonresidential uses shall be 0.18 throughout the tract, subject to an increase in floor area as provided by section 17-92. Certain uses noted below shall not be counted in the floor area ratio of the total tract. The development may be shifted from one portion of the tract to another in order to maximize open space, or to add flexibility in designing the site. The maximum lot coverage in the nonresidential portion of the plan shall be 50%, including buildings, driveways, parking and loading areas, and sidewalks, but excluding streets and sidewalks in public or private rights-of-way and also excluding the building and pavement coverage of freestanding buildings which are specifically excluded from the floor area ratio as set forth herein.
5.
As part of a general development plan, temporary uses limited to
serving on-site construction during the period of development may
be permitted provided site plan review and approval of the temporary
uses have been granted. The purpose of these uses is to minimize the
volume of traffic going to the site by vehicles such as construction
vehicles, lumber, brick, and other supply and maintenance vehicles.
These temporary uses shall be located at least 400 feet from the perimeter
of the site and be shielded from view by such things as evergreen
plantings, berms or natural contours, or existing wooded areas. The
design and location of these temporary facilities shall be such as
to minimize the potential nuisances to any nearby residents. The temporary
uses to be permitted shall include such uses as brick, stone and lumber
yards; construction offices; vehicle maintenance and vehicle storage
areas; and warehousing and supply storage buildings. These temporary
uses serving each category of use shall be phased out as the development
nears completion and shall all be removed from the site prior to the
certificate of occupancy being issued for any part of the last 5%
of each category of use.
6.
The overall plan shall include provisions for nursery school and/or child/day care in conjunction with the employment uses. If located on the site, the floor area devoted to this use under a general development plan shall not be counted in the floor area ratio. The design standards shall meet the requirements set forth in subsection 17-161b7.
7.
The overall plan shall include at least 15% of the area of the tract
in open space and provide recreation uses. These recreation uses shall
contain improvements for active recreation uses as delineated on a
plan (such as but not limited to ball fields, court games, pool, or
buildings housing exercise rooms). The plan shall contain provisions
for park settings and passive areas as well (such as but not limited
to a park with benches located to have a scenic view, or directed
toward views of statues or other works of art, or directed toward
views of flower gardens or similar areas.) The requirement for open
space and recreation uses in the overall plan may be satisfied by
including any land dedicated by the applicant to the township for
open space and recreation purposes, provided such land is adjacent
to the planned development site. The land dedicated by the applicant
need not be in the OP Zone.
8.
A plan resulting in more than one million square feet of nonresidential
floor area on-site shall require a specific community facilities plan
as part of the agreement. In the event the community facilities are
to be of site, then said agreement shall set forth the developer's
participation and the manner of satisfying same. If the community
facilities are on-site, then the floor area devoted to this use shall
not be counted in the floor area ratio.
9.
Nonresidential uses may have building heights of: (1) not more than
45 feet and three stories when located at least 75 feet from the perimeter
of the tract; (2) not more than 60 feet and four stories when located
at least 150 feet from the perimeter of the tract, or 75 feet and
five stories when located at least 150 feet from the perimeter of
the tract and within 1,400 feet of an interstate highway and 1,400
feet of a railroad right-of-way; (3) not more than 70 feet and five
stories when located (a) at least 500 feet from an interstate highway
or railroad right-of-way, or (b) at least 800 feet from any other
perimeter boundary of the tract; and, (4) not more than 110 feet and
seven stories when located at least 500 feet from an interstate highway
or railroad right-of-way and within 1,400 feet of an interstate highway
and 1,400 feet of a railroad right-of-way.
Sloping roofs which enclose or screen uninhabitable space or
equipment shall not be included in the foregoing building height limitations
and shall not be higher than an additional 30 feet above the maximum
allowable building height as defined above. Any other rooftop structures
shall not exceed more than 25% of the maximum allowable building height
set forth above. In no instance shall the total height of the building
plus uninhabitable space and equipment exceed 110 feet. All rooftop
mechanical equipment shall be screened from view. If the design of
the development includes one or more buildings higher than 35 feet,
the applicant shall include in the development schedule some provision
for a proportionate share of future emergency services able to serve
taller buildings.
10.
Adequate provision shall be made for water storage, but the location
of any elevated storage tank shall be at least 1,000 feet from the
perimeter of the tract.
11.
The perimeter of the tract along existing streets and property lines
shall be designed to provide a buffer area which averages 100 feet
in width but is not less than 75 feet in width in any one location.
The buffer area shall have various shaped berms averaging at least
five feet in height where the adjacent street or property is at grade
with or higher than the site in order to enhance visual buffer intended.
These berms and the entire buffer area shall be planted with a mixture
of evergreens, deciduous trees and shrubbery of different species
to assure that off-street parking and loading areas within 400 feet
of the perimeter property lines are screened from view. Elsewhere,
the buffer area shall be planted to lessen the visual impact of development
through combinations of densities, color, and different plant materials.
The other buffer requirements of the ordinance shall be met. The approving
authority may grant waivers from these berming and planting standards
if, in the opinion of the approving authority, the existing contours
or the wooded nature of the existing conditions within the buffer
area meet the objectives of the ordinance.
12.
The minimum spacing between nonresidential buildings shall be at
least equal to the height, excluding sloped roofs and penthouse structures,
of the tallest adjacent building. Where roads, but not driveways,
pass between buildings that are closer than 100 feet to one another,
the space between the buildings shall be increased up to another 25
feet, but the space between buildings need not be increased beyond
100 feet. Unless modified by approval of the planning board, buildings
shall be set back from any interior road, but not driveways, at least
50 feet and shall be set back at least 25 feet from any parking spaces.
Truck loading docks are specifically excluded from this requirement.
If a parking garage is constructed as part of a building complex,
the garage may be as close to any other building as the height of
the garage and if the parking garage has more than two stories, an
elevated walkway from the garage into the building(s) in addition
to the ground floor entrance(s) should be considered.
13.
Detention basins shall be designed as part of a lawn, or part of a park or recreation area, or as an aesthetic attraction as part of a garden, or be designed in some similar fashion to be an aesthetic part of the plan, but detention basins, unless they are designed to permanently retain water as a pond, and are approved as a recreational or aesthetic amenity by the planning board at the time of site plan approval, shall not count as part of the required 15% requirement in subsection 17-166g7.
14.
Where there is more than 1,000,000 square feet of nonresidential
floor area in the development plan, the plan shall provide a site
and a building for either a fire house or rescue squad as a supporting
community facility for the plan. The floor area devoted to this use
shall not be counted in the floor area ratio.
15.
The plan may incorporate not more than one helistop located at least
500 feet from any street or property line and at least 2,000 feet
from any residential use, located in a manner complying with the flight
patterns from other airports, and located so the approach pattern
is not over residential areas.
16.
Section 12 of the Mercer County Transportation Development District
Ordinance, as amended from time to time (the "TDD Ordinance") provides
that developers submitting a transportation demand management plan
shall be eligible for trip reduction credits, with such credits specified
in a TDD Fee Binder Agreement, and with trip reduction credits accruing
at specified rates with respect to flex time and staggered work hours
and with respect to actual removal of single occupancy vehicles from
the transportation system. Section 6G of the TDD Ordinance provides
that any credits available under Section 12 of the TDD Ordinance shall
be rescinded upon the alteration or termination of the activity or
condition on account of which such credit was applicable. The developer
shall provide to the township a copy of any submissions to Mercer
County pursuant to the TDD Ordinance seeking credits for a traffic
demand management plan, together with a copy of any reports thereon.
[Ord. #00-1157, § 2; Ord. #01-1210, § 1; Ord. No. 02-1268; Ord. #04-1325, §§ 20,
21]
a.
Purpose. The purpose of this district is to provide wider employment
opportunities in proximity to expanding residential areas. This district
has good highway access, is separated from residential areas, and
has an existing development characteristic similar to what is permitted.
b.
Permitted Principal Uses.
c.
Permitted Accessory Uses. The same as the HBO and OP Districts.
d.
Conditional Uses.
1.
Conditional uses permitted in the HBO District, including cannabis retail establishments, in accordance with Section 17-151 of this Code.
[Amended 4-18-2022 by Ord. No. 22-1770]
2.
Automobile car wash provided it has access from Route 31, the vehicular
entrance to the facility is at the rear of the property, the on-site
stacking of vehicles waiting to enter the facility is around the periphery
of the lot and at least two lanes wide, and the stacking lanes have
a capacity for at least 20 vehicles.
e.
Lot, Yard, Height and Coverage Requirements. The same as the HBO
and OP Districts with the more restrictive provisions applying in
those instances where conflicting standards may exist.
[Ord. #93-932, § 1, Ord. #93-955, § 1;
Ord. #96-1048, §§ 6, 9; Ord. #99-1133, § 8;
Ord. #01-1223, §§ 1, 2; Ord. #02-1268; Ord. No. 2017-1670 §§ 1, 2, 4; Ord. No. 2018-1690]
a.
Purpose. The purpose of the RO districts is to provide for research/office
uses and production and assembly activities related to the principal
research uses permitted on the property by single owners with one
or more tenant occupants on large parcels within the Township. Additionally,
in the RO-1 District, the conditional uses on the property may be
by a single owner with one or more tenants, by multiple owners of
subdivided parcels, or by multiple owners operating under a condominium
association. A neighborhood of inclusionary housing is also deemed
appropriate in the RO-1 District when arranged on undeveloped portions
of the property, and adequately buffered from manufacturing buildings
and activities. It is also intended that the provision for assisting
in the development of lower-income housing as set forth below be a
required portion of any new development in the RO-1 District.
[Amended 6-24-2020 by Ord. No. 19-1716]
b.
Permitted Principal Uses.
1.
Offices.
2.
Uses devoted to research, experimentation, design, education, and
development in medicine, pharmacology, chemistry, physics, engineering,
and similar fields.
3.
Farms and agriculture in accordance with the standards for the VRC
District.
c.
Permitted Accessory Uses.
1.
Parking and loading.
2.
Cafeterias, first aid and recreational facilities for employees and
guests.
3.
Helistop located at least 500 feet from any street or property line
and at least 2,000 feet from any residential use, and which shall
not be used between 10:00 p.m. and 7:00 a.m.
4.
Not more than three dwellings located on the premises and occupied
by full-time employees and their families only.
5.
Maintenance facilities and centralized service facilities serving
the uses on the tract.
6.
Conference center as part of the operations of a permitted use provided
it is subordinate to the principal use, has less square footage than
the principal use, and is designed to accommodate fewer personnel
than the principal use. In conjunction with the conference center,
such activities as swimming pools, tennis courts, golf courses, and
other recreational facilities are permitted provided they are available
as an activity associated with the accessory conference center and
not operated as a commercial facility open to the general public.
7.
One earth terminal antenna and one associated reflector (or dish)
are permitted on a lot provided they are located within the setback
lines required for the principal use and are located to be screened
from view from residences and public streets by plantings providing
a year-round screen, parapet walls, building facades, walls, or similar
effective device. The antenna and dish may be located on a roof, or
attached to a building, or on the ground. Servicing wires and cables
shall be installed underground. The highest point of the antenna and
dish facility shall be 15 feet above the height of a building, or
10 feet above the maximum building height permitted whichever is less.
d.
Conditional Uses.
1.
Pumping stations, transformers and similar utility facilities which are needed in order to provide utility services directly to the consumer, but not repair facilities, offices, open storage, work areas or other aspects of utility operations. Such facilities shall meet the minimum requirements of subsection 17-159g and shall be landscaped or otherwise appropriately integrated into the site design by special architectural treatment in accordance with section 17-89 and, where safety dictates, shall be enclosed with fencing.
e.
Lot, Yard, Height and Coverage Requirements.1
|
Requirement
| |
|---|---|
|
Min. Lot Area
|
100 contiguous acres (all of which shall be located within the
township).
|
|
Min. Lot Width
|
1,000 feet
|
|
Min. Lot Depth
|
1,000 feet
|
|
Min. Setback from Public Street
|
200 feet
|
|
Min. Setback from Interior Street
|
Equivalent to building height
|
|
Min. Distance between Buildings
|
Equivalent to height of tallest building
|
|
Max. Building Height
|
40 feet except the height may be increased where the setbacks
are greater than 100 feet based on a height equal to 40% of the shortest
setback from any property or street line, but not to exceed a height
of 60 feet
|
|
Max. Lot Coverage
|
25%
|
|
Max. Building Coverage
|
10%
|
|
Max. Floor Area Ratio
|
0.15 in the RO-1 District 0.13 in the RO-2 District 0.05 in
the RO-3 District, provided that if all development is clustered on
1 side of Carter Road a floor area bonus of 2.5% to a maximum floor
area ratio of 0.05125 is permitted
|
|
Notes:
|
|---|
|
Note 1. Notwithstanding the maximum floor area ratio and other
design controls set forth above, the maximum intensity of development
permitted on those lots not connected to public sewage collection
and public sewage treatment systems or not located in a designated
sewer service area as shown on the Hopewell Township Wastewater Management
Plan shall be the smaller of either the maximum development permitted
by ordinance or the amount of development which would generate a design
sewage flow of less than 2,000 gallons per day as determined in accordance
with the prevailing design standards and policies of the New Jersey
Department of Environmental Protection
|
f.
General Development. Plan in the RO Districts. Notwithstanding the previous provisions of this section, in the RO Districts the developer of a tract whose original acreage was at least 250 acres and having a development period of at least five years may submit a general development plan to the approving authority for review and approval prior to submitting a preliminary plat. The submission shall be in accordance with section 17-126. The design standards for required improvements shall comply with the approved general development plan and the provisions of this chapter that have not been modified by the approved general development plan.
1.
Purpose. The opportunity to submit a general development plan is
intended to provide opportunities for long range public and private
planning in conjunction with the protection that an approved general
development plan gives to developers under the Municipal Land Use
Law in return for commitments by that developer to making various
improvements and/or contributions towards infrastructure and other
community needs and services.
3.
A housing component shall be provided in compliance with the applicable portions of section 17-92. Where the applicant chooses to make the monetary contributions, the payments shall be made as building permits are issued for each phase of the development.
4.
The principal nonresidential permitted uses shall be oriented to
employment centers consisting of offices and research facilities.
Service uses to the offices and research uses shall be limited to
no more than 20% of the gross floor area of the nonresidential uses
in the development and shall be limited to the sale of supplies, furniture,
and equipment to support the office and research uses, together with
related equipment repair and service uses. Other retail and service
uses for employees and residents permitted in the plan shall be limited
to 15% of the gross floor area of the nonresidential uses in the development
and shall be limited to such uses as restaurants, banks, pharmacies,
and such retail uses as individual clothing and shoe stores, gift
shops, flower shops, and personal services such as barber shops, beauty
salons, cleaners, tailors, and shoe repair. Where there is more than
1,000,000 square feet of office and/or research uses in the development,
the plan shall provide at least one restaurant. The development may
be shifted from one portion of the tract to another in order to generate
acreage for the housing requirement, or to maximize open space, or
to add flexibility in designing the site. The maximum lot coverage
in the nonresidential portion of the plan shall be 50%, including
buildings, streets, driveways, parking and loading areas, and sidewalks,
but excluding the building and pavement coverage of free standing
buildings used exclusively for uses excluded from the floor area ratio
as set forth below.
5.
As part of a general development plan, temporary uses limited to
serving on-site construction during the period of development may
be permitted provided site plan review and approval of the temporary
uses has been granted. The purposes of these uses is to minimize the
volume of traffic going to the site by vehicles such as construction
vehicles, lumber, brick, and other supply and maintenance vehicles.
These temporary uses shall be located at least 400 feet from the perimeter
of the site and be shielded from view by such things as evergreen
plantings, berms or natural contours, or existing wooded areas. The
design and location of these temporary facilities shall be such as
to minimize the potential nuisances to any nearby residents. The temporary
uses to be permitted shall include such uses as brick, stone and lumber
yards; construction offices; vehicle maintenance and vehicle storage
areas; and warehousing and supply storage buildings. These temporary
uses shall be phased out as the development nears completion and shall
all be removed from the site prior to the certificate of occupancy
being issued for any part of the last 5% of the dwelling units and/or
the last 5% of the gross floor area of nonresidential uses in the
development.
6.
The approving authority may require that the overall plan include provisions for nursery school and/or child care/day care facilities in conjunction with the employment uses. The floor area devoted to this use under a general development plan shall not be counted in the floor area ratio. The design standards shall meet the requirements set forth in subsection 17-161b7.
7.
The overall plan shall include at least 15% of the area of the tract
in open space and recreation uses, at least half of this space shall
be designed in relation to any on-site residential uses, with the
other areas to be convenient to the office uses. These recreation
areas shall contain improvements for active recreation uses as delineated
on a plan (such as but not limited to ball fields, court games, pool,
or buildings housing exercise rooms). The plan shall contain provisions
for park settings and passive areas as well (such as but not limited
to a park with benches located to have a scenic view, or directed
toward views of statues or other works of art, or directed toward
views of flower gardens or similar areas).
8.
A plan resulting in more than 1,000,000 square feet of nonresidential
floor area on-site shall require a specific community facility's plan
as part of the agreement. In the event the community facilities are
to be off-site, then said agreement shall set forth the developer's
participation and the manner of satisfying same. If the community
facilities are on-site, then the floor area devoted to this use shall
not be counted in the floor area ratio.
9.
Maximum building heights shall be as follows:
(a)
Notwithstanding the definition of "height" in this chapter,[1] the maximum building height of residential structures
shall be 35 feet, but not more than two stories above grade, except
that if constructed on slopes greater than 10%, the structure may
be no higher than two stories, or 30 feet measured on the uphill side,
and no higher than three stories, or 45 feet when measured on the
downhill side.
(b)
The maximum building height of nonresidential structures shall
be 40 feet when located within 800 feet of the perimeter of the site
and 60 feet when set back farther than 800 feet from the perimeter
of the site. However, should an RO tract, in single ownership, be
greater than 400 acres, then structures no taller than 60 feet in
height (including penthouse and roof structures for containing or
concealing equipment) may be permitted and the setback from the site
perimeter for said structures can be reduced to 500 feet where each
of the applicable criteria set forth below is met. Structures between
61 feet and 75 feet in height (including penthouse and roof structures
for containing or concealing equipment) may be permitted and the setback
from the site perimeter for said structures can be reduced to 500
feet where each of the applicable criteria set forth below is met.
However, structures between 61 and 75 feet in height shall comprise
no more than 12% of the total floor area of the entire site at full
build-out granted by a General Development Plan. The criteria are
as follows:
[Amended 6-24-2020 by Ord. No. 19-1716]
(1)
The tract shall not abut a local street.
(2)
Said structures must be contiguous to each other.
(3)
Any sixty-foot tall structures shall be farther than 900 feet
from the nearest point of intersection with any local street, and
any structures between 61 and 75 feet shall be farther than 1,500
feet from the nearest point of intersection with any local street.
(4)
Said structures must be no less than 500 feet from the perimeter
of the site, and no less than 200 feet but no more than 700 feet from
any land which was permanently preserved as open space as of January
1, 2001. The location of said structure(s) shall be delineated on
the General Development Plan, and shall be acceptable to and approved
by the planning board. The location of said structure(s) shall also
be made part of the Developer's Agreement, which shall be acceptable
to and approved by the township committee.
(5)
Not less than 50% of the total parking demand for the entire
site at full build-out shall be accommodated in parking structures;
and not less than 95% of the parking demand generated by such structures
shall be accommodated in parking structures, the balance to be used
for handicapped or visitor parking.
(6)
The ground floor for any structure between 61 and 75 feet in
height shall not exceed 65,000 square feet.
(7)
The elevation of the first floor of any structure between 61
and 75 feet in height, which floor is at or above finished grade,
shall be at least 10 feet lower than the elevation of the street which
is closest thereto, measured at right angles from such street to the
closest portion of such structure.
(8)
For purposes of this subparagraph (b), the classification of
streets shall be deemed to be those classifications in effect as of
the adoption of this subparagraph, notwithstanding any later classification.
(9)
The developer shall perform a test demonstrating the visual
impact(s) of such structure(s), the results of which shall be acceptable
to and approved by the planning board.
(c)
If the design of the development includes one or more structures
higher than 35 feet, the applicant shall include in the development
some provision for a proportionate share of future emergency services
able to serve taller buildings. The level of participation shall be
a proportion of the projected future needs to serve the development(s)
generating the need. Such calculations shall be based on a study of
emergency services needed to serve taller buildings.
10.
Adequate provisions shall be made for water storage, but the location
of any above ground storage tank shall be at least 1,000 feet from
the perimeter of the tract.
11.
The perimeter of the tract along existing streets and property lines
shall be designed to provide a buffer area at least 100 feet in width.
The buffer area shall have various shaped berms at least five feet
in height where the adjacent street or property is at grade with or
lower than the site in order to enhance the visual buffer intended.
These berms and the entire buffer area shall be planted with a mixture
of indigenous vegetations including evergreens, deciduous trees and
shrubbery of different species to assure that off-street parking and
loading areas within 400 feet of the perimeter property lines are
screened from view. Elsewhere, the buffer area shall be planted to
lessen the visual impact of development through combinations of densities,
color, and different plant materials. The other buffer requirements
of the chapter shall be met. The approving authority may grant waivers
from these berming and planting standards if, in the opinion of the
approving authority, the existing contours or the wooded nature of
the existing conditions within the 100 feet buffer area meet the objectives
of the chapter.
12.
Buildings shall be set back at least 25 feet from any parking spaces.
If a parking garage is constructed as part of a building complex,
the garage may be as close to the building(s) it is serving as is
permitted by all applicable building codes. If the parking garage
has more than two stories, there shall be an elevated walkway from
the third story into the building(s) in addition to the ground floor
entrance(s).
[Amended 6-24-2020 by Ord. No. 19-1716]
13.
Detention basins shall be designed as part of a lawn, or part of a park or recreation area, or as an aesthetic attraction, as part of a garden, or be designed in some similar fashion to be an aesthetic part of the plan, but detention basins shall not count as part of the required 15% requirement in subsection 17-168f7.
14.
The plan shall provide a site and a building for either a fire house
or rescue squad as a supporting community facility for the plan. The
floor area devoted to this use shall not be counted in the floor area
ratio.
15.
The plan may incorporate not more than one helistop located at least
500 feet from any street or property line and at least 2,000 feet
from any residential use, located in a manner complying with the flight
patterns from other airports, and located so the approach pattern
is not over residential areas.
16.
The plan shall include a traffic management plan which shall provide
for one or more methods of reducing peak hour traffic and which shall
require all occupants to participate in the program. The traffic management
plan shall include such methods as staggered work hours, flex-time,
van pooling, corporate sponsored transportation, provision for locating
a passenger station adjacent to the railroad when the site abuts the
railroad, and such other techniques approved by the approving authority.
Where the general development plan is to be implemented in phases,
a condition of approval of the general development plan shall be a
requirement to update the traffic data and the traffic management
plan at each phase.
g.
Conditional Use Inclusionary Development in the RO-1 District.
2.
Permitted Accessory Uses.
(a)
Off-street parking.
(b)
Any use or structure customarily incidental to a principal permitted
use.
(c)
Private garages and carports.
(d)
Recreational and cultural facilities for the sole use of the
residents of the community and their guests, including but not limited
to a clubhouse, jogging and bike trails, swimming pool, library, media
center, court games, picnic areas and other typical active and passive
recreation facilities.
(e)
Sales office of a temporary nature not to extend beyond the
occupancy of the last dwelling.
3.
Area and Yard Requirements - Relief
required by this section shall be considered according to the standards
in N.J.S.A. 40:55D-70(c):
(a)
The following bulk standards apply to all tracts proposed for
inclusionary residential development within the RO-1 District:
(1)
Minimum tract size: 30 contiguous acres.
(2)
Maximum tract size: 50 contiguous acres.
(3)
Minimum front yard for townhouse structures: 25 feet to private
road/100 feet to public road.
(4)
Minimum front yard for apartment buildings: 75 feet to private
road/100 feet to public road.
(5)
Minimum tract width: 750 feet.
(7)
Minimum distance between apartment buildings: 50 feet.
(8)
Minimum distance between townhouse buildings: 25 feet.
(10)
Maximum coverage: 60%, including private roadways.
(11)
Maximum building height: within the ring road; three stories
and 40 feet, if constructed outside the ring road.
(b)
(c)
Multi-Family Building Spacing. The following separation of buildings
shall be provided:
|
Dimension
|
Separation of Buildings (feet)
|
|---|---|
|
Long side to long side
|
75
|
|
Front to rear
|
50
|
|
Front to end
|
45
|
|
Rear to rear
|
50
|
|
Rear to end
|
40
|
|
End to end
|
30
|
(d)
Multifamily Building Requirements.
(1)
Garden apartments.
[a]
The maximum length of structures shall be 200 feet.
Maximum density shall be 25 dwelling units per acre.
[b]
Garden apartment structures should be grouped in
clusters, with architectural design consistent in each cluster.
[c]
Recreation facilities, such as swimming pools and
tennis courts, should be encouraged but carefully located to avoid
problems of noise, light and similar nuisance elements affecting residential
units. They shall be located not less than 100 feet from any tract
boundary.
[d]
No front yard shall be used for service such as
clothes drying and/or outdoor storage.
[e]
Where townhouses or garden apartments abut a residential
zone or use, there shall be a landscaped strip not less than 15 feet
in width or depth, which strip shall not be utilized for roadway or
parking and which shall be so planted as to form an effective visual
screen.
[f]
All utilities and their service lines, including
electric and telephone, shall be installed underground and subject
to approval of the appropriate utility. Wherever the utility is not
installed in a public right-of-way, an appropriate utility easement
shall be provided.
[g]
All streetlights and all lighting along pedestrian
walks and in parking areas shall be downward-directed and shaded and
installed on ornamental standards of the appropriate utility. They
shall be of a style and design compatible with the architectural style
of the project and shall be approved by the Planning Board and the
utility company.
[h]
Adequate provision shall be made for the storage,
recycling and removal of garbage, which shall be at the sole cost
and expense of the owner.
[i]
Adequate provision shall be made for snow removal
on all sidewalks, streets, roads, driveways and parking areas within
the project, which shall be at the sole cost and expense of the owner.
[j]
Minimum roof pitch shall be 4:12 unless flat roofs
are employed, in which case green roof design or solar collectors
shall be employed.
[k]
Landscape or rooftop screening shall be provided
for all a/c units, meters, connections, etc.
(2)
Townhouses.
[a]
Maximum of eight units in a single row. Minimum
width of unit, 18 feet. Offset of at least four feet between every
two units.
[b]
Townhouses should be grouped in clusters, with
a maximum of 30 per cluster. Private parking areas should be located
near the unit entrances and outdoor living areas or patios adjoining
open space or paths leading to open space.
[c]
Townhouses in each cluster should be consistent
in terms of architectural style and major design elements such as
materials, windows, rooflines, roof designs, etc. Design approval
shall rest with the Planning Board.
[d]
Each dwelling unit in a townhouse building shall
be completely separated from all other dwelling units in the same
building by a fire wall subject to the requirements of the Uniform
Construction Code.
[e]
Adequate safe and sanitary provisions shall be
made for the recycling and storage of solid waste and garbage in compliance
with all applicable ordinance requirements of the Township of Hopewell.
[f]
Minimum roof pitch shall be 4:12.
[g]
Landscape or rooftop screening shall be provided
for all a/c units, meters, connections, etc.
4.
Development Requirements for Inclusionary Housing in the RO-1 District:
(a)
Infrastructure. All development shall be connected to public
sewers and public water.
(b)
Residential Use.
(1)
There shall be a maximum of 250 dwelling units.
(2)
Pursuant to COAH's second round rules at N.J.A.C. 5:93-1, et
seq., at least 15% of all rental units and 20% of all for-sale units
shall be deed-restricted for occupancy by low and moderate income
households and the affordable housing units shall be dispersed among
the residential buildings rather than concentrated in a few buildings.
(3)
Low and moderate income units
shall meet the following bedroom distribution requirements:
[a]
The combination of efficiency and one bedroom units
shall be at least 10% and no greater than 20% of the total low and
moderate income units;
[b]
At least 30% of all low and moderate income units
shall be two bedroom units; and
[c]
At least 20% of all low and moderate income units
shall be three bedroom units.
(4)
Residential units shall be afforded the following activities
within the redevelopment area: fitness room, community room, convenient
recycling and trash receptacle area and multipurpose pedestrian/bicycle
trail.
(5)
At least 50% of all affordable units shall be made available
to low income households of which at least 13% shall be available
to very low income households as required by P.L. 2008, c.46.
(c)
Site Design. Relief required by this section shall be considered
according to the standards in N.J.S.A. 40:55D-70(c)
(1)
The location and arrangement of buildings, uses, parking areas
and street setbacks shall be designed to minimize conflicts with non-residential
uses in the RO-1 District.
(2)
The buildings shall be located, arranged and designed to maximize
opportunities for active and/or passive solar energy collection.
(3)
Each dwelling unit and combined complex of dwelling units shall
have a compatible architectural theme with variations in design to
provide attractiveness to the development which shall include consideration
of landscaping techniques, building orientation to the site and to
other structures, topography, natural features and individual dwelling
unit design such as varying unit widths, staggering unit setbacks,
providing different exterior materials, changing roof lines and roof
designs, altering building heights and changing types of windows,
shutters, doors, porches, colors and vertical or horizontal orientation
of the facades, singularly or in combination for each dwelling unit.
(4)
The dwelling unit mix shall be such that no more than 65% of
the total number of dwelling units shall have the same number of bedrooms.
(5)
No townhouse building shall contain more than eight dwelling
units.
(6)
A minimum of 20% of the total land area of the inclusionary
development tract, shall be designated as active and passive open
space. Pedestrian and bike paths, ball fields, playgrounds and other
areas for active or passive recreation shall be included in the calculation
of required open space.
(7)
A dense landscape buffer screen of 75 feet in width shall be
installed where the development abuts any non-residential use or public
street.
(8)
Pedestrian and bicycle circulation shall be provided and shall
be separated from motor vehicle circulation wherever possible, and,
where applicable, shall be consistent with the Township's master plan
for bikeways, utilizing the connections to the Lawrence Hopewell Trail
and other existing trails.
(9)
Pedestrian facilities shall include a perimeter loop pathway
around the inclusionary development.
(10)
An integrated sidewalk system shall be provided throughout the
development which encourages pedestrian movements.
(11)
Residential uses shall be located within the existing ring road.
Residential uses may be located between the ring road and site perimeter
only if the developer demonstrates to the planning board that environmental
constraints preclude residential development within the ring road.
Any development located between the ring road and site perimeter,
if the planning approves said demonstration, shall protect existing
views from the perimeter through site grading, landscaping or other
means acceptable to the planning board.
(12)
Any residential development constructed on the site shall also
include a requirement that the Owner relinquish a portion of its development
rights under previously authorized General Development Plan approvals,
to compensate for the intensification of development for both on-site
and off-site impacts. The Owner, by way of written declaration to
the Planning Board at the time of application for such residential
development, shall relinquish 1,000 Square Feet of Gross Floor Area
of Office and Research Development for each residential unit proposed.
(13)
The stormwater management designs shall employ naturalized/green
infrastructure techniques to promote water quality, minimize maintenance
and provide for ground water recharge.
(d)
Parking. Relief required by this section shall be considered
according to the standards in N.J.S.A. 40:55D-70(c):
(1)
Parking facilities shall be at least 75 feet from the right-of-way
line of any public road, and at least 50 feet from any private road.
(2)
Parking facilities and driveways shall be at least 10 feet from
District lines.
(3)
Bicycle racks shall be provided on site at a rate of one bicycle
storage space for every 30 automobile parking spaces.
(4)
Where abutting a residential zone or residential use, accessory
buildings, accessory structures or accessory uses shall not be closer
than 75 feet to any side or rear property line.
(e)
Traffic.
(1)
Traffic studies shall be prepared to project the development-generated
traffic volumes affecting the roadways serving the development. In
addition, an updated study for on-site parking usage for each development
phase shall be submitted.
(2)
Provisions for traffic improvements shall be made and strategies
for traffic control shall be provided to ensure that the levels of
service are maintained or improved.
h.
Conditional
Use Standards for Production and Assembly Operations in the RO-1 District.
[Added 6-24-2020 by Ord. No. 19-1716]
1.
Production and assembly uses related to the fields of medicine, pharmacology
and biologics are permitted conditional uses within the RO-1 District
only when such uses meet all of the conditions set forth in this section.
2.
Location and Compliance with General Development Plan. The site shall
be located within an area designated for development in an approved
General Development Plan (GDP). Any proposed building square footage
shall count towards the maximum square footage and floor area ratio
permitted by the GDP covering the tract.
3.
Lot, Yard, Height and Coverage Requirements.[2]
(a)
If the use is located on a lot of least 400 acres, and which is part of an approved GDP, the requirements of § 17-168e shall apply.
(b)
If the use is located on a lot to be subdivided from a parent
tract of at least 400 acres, which is part of an approved GDP, the
bulk requirements shall be as follows:
|
Minimum lot area
|
20 acres
|
|
Minimum lot width
|
200 feet
|
|
Minimum lot frontage
|
200 feet; lot frontage may be provided on a private street if
cross-access easements are recorded
|
|
Minimum lot depth
|
300 feet
|
|
Minimum side yard
|
50 feet
|
|
Minimum rear yard
|
50 feet
|
|
Minimum setback from public street
|
200 feet
|
|
Minimum setback from interior street
|
Equivalent to building height
|
|
Minimum distance between buildings
|
Equivalent to height of tallest building
|
|
Maximum building height
|
40 feet, except the height may be increased where the setbacks
are greater than 100 feet based on a height equal to 40% of the shortest
setback from any property or street line, but not to exceed a height
of 60 feet
|
|
Maximum lot coverage
|
The lesser of 75% of the subdivided lot or a maximum 12.33%
of the total tract covered by the GDP
|
|
Maximum building coverage
|
50% of the subdivided lot
|
|
Maximum floor area ratio
|
15% of total tract covered by the GDP
|
[2]
Relief required by this section shall be considered according
to the standards in N.J.S.A. 40:55D-70(c).
4.
Parking and Loading. Relief required by this section shall be considered
according to the standards in N.J.S.A. 40:55D-70(c):
(a)
Individual spaces within a building shall accrue a cumulative
parking requirement as follows: One parking space shall be provided
for every 200 square feet of office space, every 1,000 square feet
of manufacturing space and every 1,500 square feet of warehouse or
storage space. Shared parking arrangements with adjacent lots may
be considered and approved by the Board. Relief required by this section
shall be considered according to the standards in N.J.S.A. 40:55D-70(c).
(b)
The applicant shall demonstrate that adequate space for loading
and waste removal has been provided to serve the proposed operation.
5.
Traffic.
(a)
Trips by commercial trucks 48 feet or longer (trucks and semitrailers)
shall be limited to an average of three vehicles per day when measured
on a monthly basis.
(b)
Trips by commercial trucks or vans longer than 20 feet but shorter
than 48 feet shall be limited to 50 per day when averaged over a typical
weekly basis.
(c)
Overall traffic volumes generated by the use shall comply with
the limitations established and the prescribed mitigation measures
contained within the traffic impact reports included with the approved
GDP.
(d)
Provisions for traffic improvements shall be made and strategies
for traffic control and or trip reduction shall be provided to ensure
that the levels of service at site access points and affected offsite
roadways are maintained or improved.
6.
Water volumes to the site and wastewater volumes from the site shall
count toward the volumes approved under the GDP unless other arrangements
have been approved by the New Jersey Department of Environmental Protection.
7.
All materials shall be stored indoors. Waste materials may be stored
outdoors within an enclosure at least six feet tall. Relief required
by this section shall be considered according to the standards in
N.J.S.A. 40:55D-70(c).
[Ord. #99-1133, § 9; Ord. #00-1157, § 2;
Ord. #02-1268]
a.
Purpose. The purpose of this district is to recognize the existence
of the quarry in operation with the standards under which it has been
operating.
b.
Permitted Principal Uses.
1.
Quarrying, handling and processing of stone, sand and gravel extracted
from the premises, including transportation and storage, crushing,
grinding, pulverizing and mixing of the extracted raw materials.
2.
Uses as permitted and regulated in the MRC District upon depletion
of quarry material or cessation of operations, and upon full rehabilitation
of the site pursuant to the plan on file with the township. The rehabilitation
shall be approved by the township engineer prior to use for any other
purpose.
c.
Permitted Accessory Uses.
1.
All buildings, machinery and accessory facilities used to conduct
permitted uses.
2.
Mixing or batching plant for concrete.
3.
Manufacture of bituminous concrete, concrete mixes, and other concrete
products.
4.
Buildings and facilities for the repair and storage of motor vehicles
and equipment used in permitted operations.
5.
Administrative and sales offices.
6.
Off-street parking space for vehicles used in permitted operations
and for vehicles of employees and visitors.
7.
Warning signs wherever required and other signs as permitted for
industrial uses.
8.
One earth terminal antenna and one associated reflector (or dish)
are permitted on a lot provided they are located within the setback
lines required for the principal use and are located to be screened
from view from residences and public streets by planting providing
a year-round screen, parapet walls, building facades, walls, or similar
effective device. The antenna and dish may be located on a roof, or
attached to a building, or on the ground. Servicing wires and cables
shall be installed underground. The highest point of the antenna and
dish facility shall be 15 feet above the height of a building, or
10 feet above the maximum building height permitted, whichever is
less.
d.
Conditional Uses.
1.
Pumping stations, transformers and similar utility facilities which are needed in order to provide utility services directly to the consumer, but not repair facilities, offices, open storage, work areas or other aspects of utility operations. Such facilities shall meet the minimum requirements of subsection 17-159g and shall be landscaped or otherwise appropriately integrated into the site design by special architectural treatment in accordance with section 17-89 and, where safety dictates, shall be enclosed with fencing.
e.
Lot, Yard, Height and Coverage Requirements. Any lot upon which quarrying
is conducted shall be subjected to the following requirements:
1.
Minimum lot area - 50 contiguous acres exclusive of private right-of-way.
2.
Minimum frontage - sufficient to enable access to a public road and
to enable compliance with N.J.S.A. 40:55D-35.
3.
Minimum lot width - not less than 500 feet of lot width as measured
at the front setback line.
4.
Minimum setbacks - no structure, use or operation, other than required
fencing, shall be located closer than 200 feet from any public road
or zone boundary except the actual excavation or removal of rock which
shall be no closer than 150 feet from any public road or zone boundary.
5.
Building height, percentage of lot coverage, building area. The requirements
of the OP District shall apply; provided, however, that the approving
authority may, as part of any required site plan application or any
amendment thereto, approve accessory structures used in mining operations
of greater height if no feasible alternative structure is shown to
exist.
6.
Minimum floor area - all buildings or structures other than mechanical
or operational structures, such as crushers, batching plants and the
like, shall contain a minimum of 10,000 square feet of floor area.
[Ord. #99-1133 § 10; Ord. #02-1268]
a.
Requirements. The purpose, permitted principal uses, lot, yard, height and coverage requirements shall be the same as the Shopping Center Zone, section 17-162, except that the minimum front yard shall be 100 feet.
b.
Conditional Uses.
1.
Pumping stations, transformers and similar utility facilities which are needed in order to provide utility services directly to the consumer, but not repair facilities, offices, open storage, work areas or other aspects of utility operations. Such facilities shall meet the minimum requirements of subsection 17-159g and shall be landscaped or otherwise appropriately integrated into the site design by special architectural treatment in accordance with section 17-89 and, where safety dictates, shall be enclosed with fencing.
[Ord. #05-1359, § I]
a.
Purpose. The purpose of this district is to provide an area with
a variety of uses, primarily oriented to the existing character established
by nearby uses of offices, light industry and restaurants. The district
has frontage on Route 31 and is intended to reduce the access points
and traffic congestion along this corridor. It is also intended that
the provisions for assisting in the development of lower income housing
are addressed by any new development or redevelopment in the OLI District.
b.
Permitted Principal Uses.
1.
Farms and agriculture.
2.
Offices.
3.
Research facility.
4.
Manufacturing and assembly.
5.
Hospitals; veterinary hospital.
6.
Restaurant.
7.
Medical clinic.
8.
All principal uses permitted in the RO (Research/Office District).
9.
Industrial/Office park.
10.
Child care centers meeting the requirements of section 171-161b7.
d.
Permitted Conditional Uses.
1.
Gymnasiums, indoor tennis courts, similar court games, and recreation centers shall be permitted provided they have access from either a primary arterial or secondary arterial road as shown on the adopted circulation plan or from an interior road in an industrial/office park and which meet the minimum requirements of section 17-163e.
2.
Pumping stations, transformers and similar utility facilities which are needed in order to provide utility services directly to the consumer, but not repair facilities, offices, open storage, work areas or other aspects of utility operations. Such facilities shall meet the minimum requirements of section 17-159g, and shall be landscaped or otherwise appropriately integrated into the site design by special architectural treatment in accordance with section 17-89 and, where safety dictates, shall be enclosed with fencing.
e.
Lot, Yard, Height and Coverage Requirements.
1.
Lot, yard, height and coverage requirements shall be as follows:1
|
Requirement
| ||
|---|---|---|
|
Min. Lot Size
|
3 acres
|
(See paragraph f below)
|
|
Min. Lot Width
|
300 feet
|
(See paragraph f below)
|
|
Min. Lot Depth
|
300 feet
|
(See paragraph f below)
|
|
Min. Front Yard
|
100 feet
| |
|
Min. Side Yard
|
50 feet
|
When adjoining another non-residential zone, but 100 feet when
adjoining a residential zone
|
|
Min. Rear Yard
|
50 feet
|
When adjoining another non-residential zone, but 100 feet when
adjoining a residential zone
|
|
Max. Bldg. Height
|
40 feet
|
Except the height may be increased where the setbacks are greater
than 100 feet based on a height equal to 40% of the shortest setback
from any property or street line, but not to exceed a height of 60
feet
|
|
Max. Lot Coverage
|
50%
| |
|
Max. Bldg. Coverage
|
20%
| |
|
Max. Floor Area Ratio (FAR)
|
0.20
|
|
Note 1: Notwithstanding the maximum floor area ratio and other
design controls set forth above, the maximum intensity of development
permitted on those lots not connected to public sewage collection
and public sewage treatment systems or not located in a designated
sewer service area as shown on the Hopewell Township Wastewater Management
Plan shall be the smaller of either the maximum development permitted
by ordinance or the amount of development which would generate a design
influent sewage flow of less than 2,000 gallons per day as determined
in accordance with the prevailing design standards and policies of
the New Jersey Department of Environmental Protection.
|
f.
Additional Requirements for Industrial/Office Park Designs. Any proposal
to develop an industrial/office park containing three or more lots
or to have three or more structures with separate tenants and having
a minimum tract size of 20 acres may adhere to the following standards,
provided a feasible road and lot configuration for the entire tract
is designed with the initial development proposal. Subsequent modifications
to this design may be made as other parcels are subdivided or leased
but only if the modifications are a logical extension of that portion
already approved or constructed and the modifications provide an adequate
and comprehensive street system to limit congestion and provide proper
access for emergency vehicles (See definition of Industrial/office
park).
1.
The average lot size shall not be less than 2 1/2 acres.
2.
The minimum lot size shall be two acres.
3.
No lots of less than 2 1/2 acres may be subdivided until a sufficient
number of lots in excess of 2 1/2 acres have been subdivided
in order to maintain the minimum average lot size of 2 1/2 acres
over the entire tract, except that in any event no more than half
the total number of resulting lots may be less than 2 1/2 acres.
4.
The minimum lot width and depth for parcels less than three acres shall be 250 feet, the minimum yards shall be: front yard 50 feet; each side yard 25 feet; and rear yard 25 feet, except the side and rear yards shall be 100 feet if abutting a residential zone. The minimum lot width, depth and minimum yards for parcels three acres or more shall be as set forth in section 17-165e3.
5.
All other coverage, parking, building height, and other provisions
of this district shall be as set forth in other provisions of this
chapter, except that the maximum building coverage in a planned park
development shall be 30%.
6.
Industrial/office park designs meeting the above requirements are
permitted to include no more than 10% of the total floor area of the
park floor area in convenience retail and personal service establishments.
Convenience retail establishments shall include breakfast/luncheon
shops, and bakery and specialty stores, excluding drive-in establishments.
Personal service establishments shall include barber and beauty salon
shops, copy centers, attended laundry and dry cleaning, tailors and
repair and service shops.
[Ord. #05-1361, § I]
a.
Purpose. The purposes of this district are to provide for the expansion
of a compatible, low-intensity manufacturing and assembly use and
the creation of a hamlet development district, which supports the
master plan goals and objectives by providing for nonintensive nonresidential
uses and a hamlet to which development can be transferred.
b.
g.
The lot, yard, height and coverage requirements for nonresidential uses as specified in section 17-159g shall govern nonresidential uses in the VRC-HLI District. For the nonresidential use of manufacturing, assembly and office, the lot, yard, height and coverage requirements are specified below in section 17-172l2. For nonresidential uses as part of a hamlet development, the lot, yard, height and coverage for nonresidential uses in section 17-172k4 shall apply.
h.
The setback and height requirements for accessory structures on residential and non-residential lots as specified in section 17-159h shall govern accessory structures in this district.
i.
Development standards for conventional subdivisions, cluster and
open lands designs. The minimum requirements are as follows:
|
Requirement
|
Conventional Subdivision
|
Lot Averaging, Cluster or Open Lands Design
|
|---|---|---|
|
Minimum Lot Area
|
4 acres
|
80,000 square feet
|
|
Minimum Lot Width
|
300 feet
|
200 feet
|
|
Minimum Lot Depth
|
400 feet1
|
200 feet1
|
|
Minimum Front Yard
|
100 feet
|
75 feet
|
|
Minimum Side Yard
|
60 feet ea.
|
50 feet ea.
|
|
Minimum Rear Yard
|
60 feet
|
50 feet
|
|
Maximum Building Height
|
35 feet
|
35 feet
|
|
Maximum Lot Coverage
|
10%
|
15%
|
|
Minimum Open Space
|
—
|
60%2
|
|
Notes:
|
|---|
|
Note 1. All lots requiring reverse frontage along arterial and collector streets shall have an additional 25 feet of depth to allow for the establishment of the buffers outlined in section 17-89j.
|
1.
The maximum density of units per gross acre of land in the VRC-HLI
District shall be 0.23 unit per acre.
2.
Open lands subdivisions are permitted on tracts of 18 acres or more
in the VRC-HLI District. This option is intended to promote the retention
of large contiguous wooded tracts and large farm tracts, and to promote
the aggregation of smaller wooded and farm parcels. It is also intended
to encourage and promote flexibility, economy and environmental soundness
in subdivision layout and design. The following standards shall apply
to open lands subdivision.
(a)
The open lands development plan shall not result in a greater
dwelling unit yield than if the property in question were developed
as a conventional subdivision. In order to determine the maximum number
of lots for an open lands subdivision, a conforming plan of a conventional
subdivision shall be submitted, based on minimum lot area of four
acres in the VRC-HLI District. The concept plan shall be in sufficient
detail to permit the planning board to make an informed decision as
to the subdivision satisfying all ordinance requirements and in a
form that would be acceptable to the planning board as a conventional
subdivision without the need for any lot area or lot dimension variances
or exceptions to subdivision design standards. The number of lots
on the concept plan shall be the maximum number of lots permitted
under an open lands subdivision.
(b)
At least 60% of the residential tract shall be designated as
"open lands" and shall, as a condition of approval of the development,
be deed restricted for agricultural or conservation use. Lots qualifying
as open lands shall be permitted a primary residence and other accessory
buildings uses as provided in this section.
(c)
At last 60% of designated "open lands" shall be some combination
of unconstrained land area, or prime soils or soils of statewide importance,
or prime forested area. On tracts in areas which are predominantly
active agricultural lands or consist of prime agricultural soils or
soils of statewide importance, the preservation of agricultural lands
and soils shall take precedence. On tracts in areas which are predominantly
prime forested areas, the preservation of forested areas shall take
precedence.
(d)
For tracts of 100 acres or less, the open lands shall be contained
in one deed-restricted contiguous parcel; for tracts greater than
100 acres, the open lands may be composed of noncontiguous parcels,
provided that each open lands area shall contain at least 50 contiguous
acres. When noncontiguous parcels of at least 50 acres are provided,
each parcel may have a residence, provided that the total density
is not exceeded.
(e)
All lots created under this subdivision option shall be deed
restricted against further subdivision for the purpose of creating
an additional lot or lots.
(f)
The design of the development utilizing this option shall foster
the following objectives: retention of large contiguous farmland areas;
retention of large contiguous prime forested areas; stream corridor
and wetlands preservation; aquifer recharge protection; steep slope
protection; overall site design; reduction of impervious coverage;
traffic circulation; and, sensitivity to the site's natural features,
topography and relationship to open lands on neighboring parcels.
(g)
In forested areas, the design of the development shall include
a 200 foot buffer along existing roads, which shall either maintain
existing woodlands or establish new forested areas for those areas
that are disturbed during site development or are currently cleared.
The intent of this provision is to maintain the scenic roadside views
in the township.
(h)
Development on hillsides shall be located at an appropriate
point in the foreground to midground of the hill so that the development
does not create a barrier visible from the existing road.
(i)
Natural features such as trees, hilltops and views, natural
terrain, open waters and natural drainage ridge lines shall be preserved
wherever possible in designing any development containing such features.
As part of the subdivision or site plan review process, development
should be designed to preserve scenic vistas and views of cultural/historic
landmarks and of unique geologic and topographic features. On hillsides,
development should be sited below the ridgeline and the height and
location of development should protect unobstructed views of the ridges
from public roadways.
(j)
The applicant is advised to submit a concept plan of the open
lands subdivision for review and comment in accordance with the section.
3.
Cluster subdivisions on tracts of 18 acres or more are permitted
in accordance with the following standards:
(a)
The cluster subdivision development plan shall not result in
a greater dwelling unit yield than if the property in question were
developed as a conventional subdivision. In order to determine the
maximum number of lots for a cluster subdivision, a conforming plan
of a conventional subdivision shall be submitted, based on minimum
lot area of four acres in the VRC-HLI District. The concept plan shall
be in sufficient detail to permit the planning board to make an informed
decision as to the subdivision satisfying all ordinance requirements
and in a form that would be acceptable to the planning board as a
conventional subdivision without the need for any lot area or lot
dimension variances or exceptions to subdivision design standards.
The number of lots on the concept plan shall be the maximum number
of lots permitted under a cluster subdivision.
(b)
The minimum open space shall be 60% of the total residential
tract.
(c)
Areas reserved as permanent open space shall have a minimum
contiguous area of not less than five acres and no portion thereof
shall be less than 50 feet in width. At least 50% of the open space
shall be uplands. The open space area(s) shall be contiguous to open
space on adjoining parcels, where applicable, and shall include areas
identified in the township's open space and recreation or conservation
plans, if any, including greenways.
(d)
On tracts in areas which are predominantly active agricultural
lands or consist of prime agricultural soils or soils or statewide
importance, the preservation of agricultural lands and soils shall
take precedence. On tracts in areas which are predominantly prime
forested areas, the preservation of forested areas shall take precedence.
(e)
The open space shall be reserved in perpetuity either by dedication
for public use or for use by the residents of the development by private
covenant or deed restriction for one of the following purposes:
(f)
The proposed development shall comply with the standards contained in section 17-160i2(f), (g), (h) and (i).
(g)
Provision shall be made to ensure suitable maintenance of any
area to be reserved by private covenant or deed restriction by the
establishment of a property owners' association or other appropriate
organization.
(h)
Nothing contained herein shall be construed to require the planning
board to approve any subdivision employing clustering if said subdivision
is in conflict with any provision of the Hopewell Township Master
Plan or if said subdivision will, in any way, result in a land use
pattern that will adversely affect that portion of the township in
which it lies.
(i)
The applicant is advised to submit a concept plan of the cluster
subdivision for review and comment in accordance with the section.
4.
Conventional subdivisions shall comply with the standards contained in section 17-160i2(f), (g), (h) and (i). Lots in conventional subdivisions shall front on local streets.
j.
Noncontiguous Cluster Development in the VRC-HLI District.
1.
Purpose. The purpose of this paragraph is to provide a mechanism
for the transfer of development potential from properties in the MRC
and VRC Districts to a designated hamlet in the VRC-HLI District.
The intent of this provision is to provide an opportunity to create
an alternative development opportunity that furthers the goals of
resource conservation in the township, while also providing a development
form that supports the goals and policies of the master plan.
2.
Allocation of/Standards for the Transfer of Development Potential.
3.
Limitations on the Use of Development Transfers. The owner of the
land from which development potential has been obtained shall deed
restrict the use of the land in perpetuity to those resource conservation
uses authorized and enumerated in the sale or conveyance of the development
potential.
k.
Development Standards for Hamlets in the VRC-HLI District.
1.
Tract Size. The hamlet shall have a minimum size of 60 acres and
a maximum size of 85 acres.
2.
Density. The minimum density shall be 2 1/2 units per acre and
the maximum density shall be three units per acre.
3.
Minimum Lot Size and Lot Development Standards for Residential Uses. The minimum lot size for single family residential lots shall be 7,500 square feet, with a minimum frontage and width of 50 feet, a minimum front yard of 20 feet (10 feet with rear access garages), minimum side yards of 10 feet, minimum rear yard of 25 feet and a maximum building height of 35 feet. Individual lots may have a maximum lot coverage of 50% provided the total maximum coverage within the area of the entire residential development does not exceed 35%. Where rear access from alleys to garages is provided, a five-foot setback for the detached garage is permitted. Atrium homes, patio homes, townhouses, duplexes and quadplexes are permitted in accordance with the standards in section 17-92d3.
4.
Office and Retail Commercial Development. The hamlet shall include
nonresidential uses consisting of retail shops for the convenience
of the residents and/or offices for professionals and telecommuters,
which may include residential uses in combination with the nonresidential
uses. The nonresidential development shall be provided at a maximum
ratio of 75 square feet of commercial/office space per residential
unit. The design of nonresidential development shall respond to the
specific location and needs of the planned community. In some cases
the appropriate location for nonresidential development is the interior
of the hamlet, so that pedestrian linkages are increased and motor
vehicle movements reduced. In other cases the nonresidential development
should be located at the edge of the hamlet in order to provide services
to the surrounding community. A design that integrates both functions
may be the most appropriate in certain locations.
The minimum lot size for nonresidential lots, or lots with a
mix of nonresidential and residential uses, shall be 20,000 square
feet, with a minimum frontage and width of 90 feet, a minimum front
setback of 12 feet to 20 feet for sidewalk to curb, minimum side yards
of 15 feet, minimum rear yard of 35 feet, maximum building height
of 35 feet and a maximum lot coverage of 80%.
5.
Public and Quasi-Public Uses. The hamlet shall include at least 35%
of the tract in open space and parks, including a buffer or to the
extent practicable a greenbelt around the hamlet, and may include
public uses such as community buildings and quasi-public uses such
as a house of worship.
l.
Development Standards for the Nonresidential Tract.
1.
The nonresidential tract shall consist of a maximum of 40 acres.
2.
The bulk requirements for the nonresidential tract are as follows:
|
Requirement
| ||
|---|---|---|
|
Minimum lot size
|
5 acres
| |
|
Minimum lot width
|
300 feet
| |
|
Minimum lot depth
|
300 feet
| |
|
Minimum front yard
|
100 feet
| |
|
Minimum side yard
|
50 feet
|
100 feet when adjoining an abutting residential zone on an off-tract
property
|
|
Minimum rear yard
|
50 feet
|
100 feet when adjoining an abutting residential zone on an off-tract
property
|
|
Maximum building height
|
40 feet
|
Except the height may be increased where the setbacks are greater
than 100 feet based on a height equal to 40% from any property or
street line, not to exceed a height of 60 feet
|
|
Maximum lot coverage
|
45%
| |
|
Maximum building coverage
|
20%
| |
|
Maximum floor area ratio
|
20%
|
3.
One parking space per 800 square feet of manufacturing and assembly
floor area and one parking space per 250 square feet of office floor
area are required.
m.
Planned Development in the VRC-HLI District. The planned development
tract includes two areas, a hamlet district and a light industrial
district, comprising 100 acres. The standards for the two districts
follow.
1.
Standards for the Hamlet Tract.
(a)
The hamlet tract shall serve as a receiving area for tracts
located in the VRC and MRC Districts.
(b)
The minimum tract area for the hamlet tract shall be 60 acres.
(c)
The base density for the hamlet tract shall be calculated on
the basis of 60 acres minus 10% of the area for infrastructure, and
be based on a minimum lot size for residential development of four
acres/unit.
(d)
The hamlet tract shall permit a density of 2 1/2 to three
dwelling units per gross acre.
[Ord. No. 2017-1671 §§ 3,
4]
a.
Purpose. The purpose of this district is to provide an opportunity
for inclusionary residential development in an appropriate location
in order to meet the constitutional obligation to provide for the
Township's fair share of the regional need for affordable housing.
This zone advances the dual master plan objectives of increasing the
supply of affordable housing and diversifying the types of housing
available to meet the changing demographics of the Township. This
zone is also intended to implement the terms of a certain Settlement
Agreement, including the Supplemental Settlement Agreement attached
thereto, by and between, inter alia, the Township and Fair Share Housing
Center dated July 13, 2017, which Agreement was approved by the Court
at a Fairness Hearing held on August 28, 2017 in the action captioned
In the Matter of the Application of the Township of Hopewell, Docket
No. MER-L-1557-15 (Mt. Laurel).
b.
Permitted Principal Uses.
1.
Garden apartments.
2.
Townhouses.
3.
Stacked flats, in a multi-family dwelling building, which may contain
up to three dwelling units vertically provided each unit has its own
private entrance. Stacked flats may have rear loaded driveways and
garages with a rear access way of 24 feet in width (excluding driveways)
for two-way traffic or 18 feet in width (excluding driveways) for
one-way access.
c.
Permitted Accessory Uses.
1.
Structures designed for recreation or community use as a part of
the multi-family dwelling development.
2.
Private garages and carports.
3.
Tot lots.
4.
Walking paths.
5.
Off-street parking facilities.
6.
Community clubhouse with fitness room, club room and furnished model.
7.
Management and leasing offices.
8.
Maintenance office/garage building not to exceed one story in height
and 1,500 square feet in floor area. The facade design shall match
the residential structures.
9.
Solid waste facilities.
10.
Monument signs located at entrance to be constructed of stone or
brick, not to exceed 100 square feet in area and eight feet in height.
11.
Utility structures and facilities needed to provide the direct service
of gas, electricity, telephone, water, sewerage and cable television.
12.
Temporary sales model homes within the respective home types, including
related direction signage to identify the home(s) as a model.
13.
One temporary construction and one temporary marketing/sales trailers.
14.
Patios and decks directly adjacent to the rear of any homes, which
shall also be permitted to be located within building setbacks.
15.
Privacy fences separating the townhomes shall not exceed 10 feet
in length and shall not enclose a patio.
16.
Such other accessory uses customarily incidental to the uses permitted
herein, however outdoor storage other than that which can be accommodated
on a deck or patio is not permitted. Free standing or attached storage
sheds outside of a patio or deck are not permitted.
d.
Overall or Entire Tract Bulk and Area Requirements.
1.
Minimum Lot Area: 10 acres.
2.
Minimum Lot Frontage: 150 feet.
3.
Minimum Lot Width: 300 feet.
4.
Minimum Lot Depth: 200 feet.
6.
Maximum Building Coverage: 30%.
7.
Maximum Impervious Coverage: 60%.
8.
Maximum Density: 8 units/acre.
9.
Maximum Building Height: 3 stories and 45 feet.
10.
Drive Aisle Width: 24 feet for 2 way traffic/access.
12.
Minimum landscaped buffer: 25 feet front yard 20 feet side and rear
yards.
e.
Very Low, Low and Moderate Income Housing Requirements.
1.
A minimum set aside of 15% of all units must be deed restricted for
occupancy by very, low and moderate income households.
2.
Very low, low and moderate-income housing shall be constructed and
rented in accordance with the Council on Affordable Housing rules
at N.J.A.C. 5:93-1 et seq. and Uniform Housing Affordability Controls
(UHAC) at N.J.A.C. 5:80-26.1 et seq. including standards for the split
between very low, low and moderate income housing.
3.
A minimum of 13% of the affordable units shall be very low income
units, affordable to households earning 30% of the median income;
and 37% of the affordable units shall be low income units. The balance
of units (50%) shall be moderate income units.
4.
Affordable housing units shall be affordable family rentals (not
age-restricted) and shall be located in one or more buildings. A certificate
of occupancy for the affordable building must be issued before the
Township is obligated to issue more than 51% of the certificates of
occupancy for the market rate units. The Township designated Affordable
Housing Administrator shall be responsible to affirmatively market,
administer and certify the occupant of each affordable unit, with
all administrative costs to be paid by the developer.
f.
Other Requirements.
1.
Building Design. The design of the buildings shall be residential
and not institutional and shall conform to the following:
(a)
Architectural elevations and floor plans shall be provided for
each type of building.
(b)
Maximum length of buildings shall not exceed 225 feet.
(c)
Variations in setback, materials, colors and design including
breaks in the building facade shall be encouraged to reduce and separate
the building mass.
(d)
Rooflines shall be pitched. If flat roofs are provided, they
shall incorporate design techniques to shield any roof mounted equipment.
(e)
All HVAC and mechanical equipment shall be located on the side
or rear of each home. If not so located then the HVAC and mechanical
equipment shall be adequately screened from view.
(f)
All units shall be designed in a unified architectural style.
3.
Open Space. A minimum of 20% of the tract shall be specifically set
aside for conservation, recreation and/or other open space.
4.
Utilities/Services. All dwelling units within a structure shall be
connected to approved and functioning public water and sanitary sewer
systems prior to the issuance of certificates of occupancy.
5.
Recreation. For a community less than 90 homes, recreation shall
be permitted as a system of walking paths or sidewalks and a tot lot
to service the subject property.
g.
Review of Development Applications. The review of development applications
submitted hereunder shall be expedited and variances other than "d"-type
variances, waivers and/or exceptions necessary to achieve approval
of an inclusionary development of up to eight dwelling units per acre
shall be reviewed by the Planning Board.
[Added 7-29-2019 by Ord.
No. 19-1717]
a.
Purpose and Vision.
1.
The IMF-C District provides for a mixed-use community of inclusionary,
age-restricted housing and nonresidential commercial and office uses.
This district responds to the terms of a Settlement Agreement between
Deer Valley Reality, Inc., CF Hopewell CC&L, LLC, their respective
successors or affiliate companies, Fair Share Housing Center, and
Hopewell Township. This agreement requires that the subject area will
include a 20% set aside of all residential units (up to 125 units)
which will be deed-restricted affordable to very-low-, low- and moderate-income
households. A variety of housing types are encouraged to meet the
needs of a variety of potential residents. The residential uses are
primarily envisioned to be located primarily toward the interior of
the District with some residential uses on the southern portion of
Block 93, Lot 60.
2.
Additionally, nonresidential opportunities along the District's eastern
roadway frontages are provided to capitalize on the area's adjacency
to minor (Scotch Road) and primary (Interstate Route 295) arterial
roadways, and the pass-by trips those roadways command. Potential
customers will also be drawn from nearby major employers as well as
the planned new and existing communities in the area. Neighborhood-scale
uses are envisioned, rather than regionally scaled facilities.
3.
The intent of the section is to rezone Block 93, Lots 19, 20, 32,
44, 45.01, 46, 60 and Block 93.05, Lots 1 and 2, to IMF-C.
b.
Permitted Residential Principal Uses/Unit Types.
1.
A maximum 625 total age-restricted dwelling units are permitted in
the IMF-C District; a 20% affordable unit set-aside is required, including
a maximum of 125 affordable units.
2.
Residential units are permitted on Lots 19, 20, 45.01, 46, and 60
(south of the existing pipeline easement that traverses the property)
in Block 93 in accordance with the IMF-C District standards.
3.
Single-family detached.
4.
Single-family semiattached (duplexes).
5.
Single-family attached (townhouses).
6.
Multifamily buildings (stacked townhouses or stacked flats).
c.
Permitted Nonresidential Principal Uses. The following uses are permitted
if, other than a hotel and conference center, they are comprehensively
planned in conjunction with an inclusionary housing project and are
wholly located, excluding stormwater management facilities and required
buffers, within 1,300 feet of Scotch Road. A maximum 75,000 square
feet of nonresidential space is permitted in the District, not including
hotel or a restaurant associated with a hotel.
1.
Hotel with a minimum 100 rooms.
2.
Conference center, or hotel/conference center with at least 100 hotel
rooms.
3.
Pharmacy.*
4.
Bank.*
5.
Restaurant associated with hotel, with no drive-through.
6.
Restaurant.*
7.
Convenience-oriented store; general retail store; retail sales and
services.
8.
Office.
9.
Health club; commercial recreation.
10.
Same-day surgery center; medical clinic; veterinary clinic or hospital.
11.
Retail sales and services or office with residential units on upper
floors.
12.
Municipal uses.
13.
Farms and agriculture.
14.
Financial institutions.
15.
Indoor recreational facilities.
|
*
|
Drive-through lanes are permitted provided they, including the
queuing lanes, are located at the side or rear of the building and
not in a front yard.
|
d.
Additionally Permitted Nonresidential Principal Uses. The following
uses are permitted in addition to those nonresidential uses listed
above if they are wholly located within 525 feet of Scotch Road.
1.
Motor fueling station, which shall mean an establishment offering
the sale of fuels and lubricants for motor vehicles, but not repair
or storage services, and which may be combined with the sale of convenience
items, including food and seating for food consumption, to the general
public.
2.
Automobile service and repair within an enclosed building, not including
body shops or truck rental.
e.
Permitted Residential Accessory Uses and Structures.
1.
Customarily accessory uses and structures.
2.
Facilities and structures designed for recreation or community use,
including solar canopies.
3.
Patios and decks directly adjacent to the rear of any homes, which
shall be no greater than 144 square feet in area.
4.
Privacy fences separating units shall not exceed 10 feet in length
or six feet in height and shall not enclose a patio or deck.
5.
Outdoor storage other than that which can be accommodated on a deck
or patio is not permitted. Freestanding or attached storage sheds
outside of a patio or deck are not permitted.
6.
Off street parking; private garages and carports.
7.
Community amenities including the following:
(a)
Swimming pools with outdoor dining areas.
(b)
Tot lots; dog parks.
(c)
Pedestrian and bicycle paths and outdoor stationary fitness
equipment and stations.
(d)
Community clubhouse with fitness room, club room business center
and furnished model, not to exceed 35 feet in height.
(e)
Management and leasing offices including directional signage
not exceeding five square feet each.
(f)
Maintenance office/garage building not to exceed one story in
height and 1,500 square feet in floor area. The facade design shall
match the residential structures.
(g)
Entry roads into residential sections may include a gate house
structure, set back no less than 200 feet from Nursery Road and Scotch
Road and not to exceed 160 square feet each and 15 feet tall.
(h)
Monument signs located at an entrance to be constructed of stone
or brick, not to exceed 100 square feet in area total on either side
of the primary entrance driveway and eight feet in height each.
8.
Utility structures and facilities needed to provide the direct service
of gas, electricity, telephone, water, sewerage and cable television.
9.
Temporary furnished sales model homes within the respective home
types, including related directional signage to identify the home(s)
as a model.
10.
One temporary construction trailer and one temporary marketing/sales
trailer, each with associated parking and directional signage.
g.
Overall or Entire Residential Tract Bulk and Area Requirements.
1.
Maximum residential density (gross, no deductions): five du/ac.
2.
Minimum tract area (gross, no deductions): 100 acres.
3.
Minimum tract frontage: 750 feet.
4.
Minimum tract depth: 1,000 feet.
5.
Minimum perimeter buffers:
(b)
Where tract meets existing roads: 50 feet.
(c)
Perimeter buffers may be established within the boundaries of
individual lots within the tract, or may be established as a separate
lot within the tract.
(d)
All required building setbacks on lots containing perimeter
buffers shall be measured in addition to the required buffer.
(e)
Proposed construction shall not encroach perimeter buffers.
(f)
Landscape screening within the perimeter buffers shall be provided
at the Planning Board's discretion to supplement existing vegetation.
6.
All required perimeter buffers shall be contained within a conservation
easement as part of any site plan or subdivision plat approval. The
conservation easement shall restrict disturbance within its boundaries
other than what is required to establish the vegetative screening
required as a part of any approvals granted.
7.
Minimum open space: 20%, which may include wetlands, wetland buffers,
riparian zone, stormwater management basins, and outdoor recreation
space. Perimeter buffers shall not be counted towards minimum open
space requirements.
8.
Minimum width of boulevard right-of-way: 80 feet.
9.
Minimum drive aisle width for privately owned streets: 24 feet for
two-way traffic/access.
10.
Residential parking requirements shall be per RSIS.
11.
Residential parking areas, not including driveways serving individual
units, shall be set back at least 20 feet from buildings and 50 feet
from streets.
12.
Stormwater facilities, patios, first-floor decks, and fences are
permitted to be located within setbacks of individual lots, but shall
not encroach perimeter buffers.
13.
Utility Plan. All dwelling units within a structure shall be connected
to approved and functioning public water and sanitary sewer systems
prior to the issuance of certificates of occupancy.
14.
Phasing Plan. Phasing shall be indicated for all project elements.
This shall include the phasing of construction of utilities, access
roads and key service components of the development, which may occur
independent and in advance of building construction.
h.
Standards for Single-Family Detached Units.
1.
Minimum setback to Scotch Road: 200 feet.
2.
Minimum setback to Nursery Road: 75 feet.
3.
Minimum lot area (gross, no deductions): 5,500 square feet.
4.
Minimum lot width (interior lot): 50 feet.
5.
Minimum lot width (corner lot): 60 feet.
6.
Minimum lot depth: 110 feet.
7.
Minimum front yard setback from back of curb if no sidewalk, or back
of sidewalk: 20 feet.
8.
Minimum side yard setback: five feet for one side yard; 15 feet combined.
9.
Minimum rear yard setback: 20 feet; 10 feet if lot contains a tract
perimeter buffer.
10.
Maximum lot coverage: 60%.
11.
Maximum building height: 35 feet/2.5 stories.
i.
Standards for Single-Family Semiattached (Duplex) Units.
1.
Minimum setback to Scotch Road: 200 feet.
2.
Minimum setback to Nursery Road: 75 feet.
3.
Minimum lot area (gross, no deductions): 4,675 square feet.
4.
Minimum lot width (interior lot): 42.50 feet.
5.
Minimum lot width (corner lot): 52.50 feet.
6.
Minimum lot depth: 110 feet.
7.
Minimum front yard setback from back of curb if no sidewalk, or back
of sidewalk: 20 feet.
8.
Minimum side yard setback: 10 feet; may be zero feet if units are
connected horizontally.
9.
Minimum rear yard setback: 20 feet; 10 feet if lot contains a tract
perimeter buffer.
10.
Maximum lot coverage: 60%.
11.
Maximum building height: 35 feet/2.5 stories.
j.
Standards for Single-Family Attached (Townhouse) Units.
1.
Minimum setback to Scotch Road: 200 feet.
2.
Minimum setback to Nursery Road: 200 feet.
3.
Minimum lot width for individual unit: 16 feet.
4.
Minimum lot depth: 60 feet.
5.
Minimum front yard setback from back of curb if no sidewalk, or back
of sidewalk: 20 feet.
6.
Minimum rear yard setback: 20 feet.
7.
Minimum side yard setback: zero feet.
8.
Minimum distance to other buildings: 25 feet.
9.
Maximum units per townhouse building: eight.
10.
Maximum lot coverage: 60%.
11.
Maximum building height: 35 feet/2.5 stories.
k.
Standards for Multifamily Buildings (Stacked Townhouses or Stacked
Flats).
1.
Minimum setback to Scotch Road: 200 feet.
2.
Minimum setback to Nursery Road: 200 feet.
3.
Minimum width of individual unit: 16 feet.
4.
Minimum depth of individual unit: 60 feet.
5.
Minimum front yard setback from back of curb if no sidewalk, or back
of sidewalk: 20 feet.
7.
Maximum units per market rate building: 18 (stacked townhomes); 24
(stacked flats).
8.
Maximum units per affordable building: 27 (stacked townhomes); 45
(stacked flats).
9.
Maximum lot coverage: 60%.
10.
Maximum building height: 45 feet/three stories.
11.
There shall be no parking between the building and Scotch Road.
l.
Standards for Hotel and Hotel/Conference Center:
1.
Minimum lot area (gross, no deductions): six acres.
2.
Minimum lot width: 200 feet.
3.
Minimum lot depth: 200 feet.
4.
Minimum front yard setback: 100 feet for buildings over 35 feet;
75 feet for buildings up to 35 feet.
5.
Minimum side yard setback: 75 feet.
6.
Minimum rear yard setback: 75 feet.
7.
Maximum building height: 65 feet (35 feet within 100 feet of Scotch
Road).
8.
Maximum lot coverage: 65%.
9.
Minimum parking requirement: one space per room.
10.
Minimum parking setback from streets: 50 feet.
11.
There shall be no loading or storage in a front yard.
12.
Minimum perimeter buffer to existing off-site residential lots: 200
feet.
m.
Standards for Motor Fueling Station:
1.
Minimum lot area (gross, no deductions): three acres.
2.
Minimum lot width: 200 feet.
3.
Minimum lot depth: 200 feet.
4.
Minimum front yard setback: 75 feet to building; 50 feet to canopy,
fueling dispensers, kiosks, air stations.
5.
Minimum side yard setback: 50 feet.
6.
Minimum rear yard setback: 50 feet.
7.
Maximum building height: 30 feet.
8.
Maximum canopy height: 20 feet.
9.
Maximum lot coverage: 65%.
10.
Minimum parking requirement: one space per 300 square feet convenience
store/restaurant GFA plus one per employee on maximum shift; plus
at least three spaces for tractor trailers.
11.
Maximum number of fueling dispensers: eight with two fueling positions
at each. There shall be no rapid-dispense diesel or other fuel stations
suitable for use by tractor-trailers.
12.
Minimum parking setback from streets: 25 feet.
13.
There shall be no loading or storage in a front yard.
n.
Standards for All Other Nonresidential Uses and Mixed Use:
1.
Minimum lot area (gross, no deductions): two 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 rear yard setback: 25 feet.
7.
Maximum building height: 40 feet/two stories; 55 feet/four stories
if residential mixed use; 35 feet if within 100 feet of Scotch Road
or Nursery Road.
8.
Maximum lot coverage: 65%.
9.
Minimum parking requirement: three spaces per 1,000 square feet GFA
plus residential parking minimums per RSIS; parking requirement may
be reduced by the Board if shared parking arrangements are found acceptable.
10.
Minimum parking setback from streets: 25 feet.
11.
There shall be no loading or storage in a front yard.
12.
Minimum perimeter buffer to existing off-site residential lots: 200
feet.
o.
Age Restriction. All units shall be age-restricted. In accordance
with the provisions of the federal Fair Housing Act, 42 U.S.C. § 3601
et seq., as amended by the Housing for Older Persons Act of 1995,
42 U.S.C. § 3607(b)(2)(C), the applicable zoning provisions
of the Township of Hopewell and the requirements of the New Jersey
Department of Community Affairs, 80% of the units must be occupied
by at least one person age 55 or older (the "age-qualified occupant")
and no person under the age of 19 may reside in any of the units on
a full-time basis, except for any occupant who is the widow or widower
or life partner of a deceased age-qualifying occupant may continue
to occupy a unit so long as at least 80% of the occupied units are
each occupied by at least one age-qualifying occupant.
p.
Affordable Housing Requirements.
1.
Very-low-, low- and moderate-income housing shall be constructed
and rented in accordance with the Council on Affordable Housing rules
at N.J.A.C. 5:93-1 et seq.[1] and Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq. including standards for the split between very-low-, low- and moderate-income housing except as more particularly specified in Subsection p3 below.
[1]
Editor's Note: In accordance with N.J.S.A. 52:14B-5.1b, Chapter
93, Substantive Rules of the New Jersey Council on Affordable Housing
for the Period Beginning June 6, 1994, expired on 10-16-2016.
2.
Twenty percent of the total residential units are to be set aside
as affordable housing (very-low-, low- and moderate-income units)
up to a maximum of 125 units.
3.
A minimum of 13% of the affordable units shall be very-low-income
units, affordable to households earning 30% of the median income;
and 37% of the affordable units shall be low-income units. The balance
of units (50%) shall be moderate-income units.
4.
The affordable housing units may be located in 100% affordable buildings
(multifamily stacked townhouses or stacked flats), however, the buildings
shall be integrated into, and not segregated from, the market rate
project to the extent feasible.
5.
Unless the developer elects at its sole expense to act as administrative
agent for the affordable units after a demonstration to the Township
that it is qualified to do so, and to be overseen by the Township's
Municipal Housing Liaison, the Township-designated administrative
agent shall be responsible to affirmatively market, administer and
certify the occupant of each affordable unit, with all administrative
costs to be paid by the developer.
6.
The production of deed-restricted affordable units and market units
shall be in accordance with the following schedule:
|
Minimum Percentage of Deed-Restricted Affordable Units Completed
|
Percentage of Market Units Completed
|
|---|---|
|
0%
|
25%
|
|
10%
|
25% + 1 unit
|
|
50%
|
50%
|
|
75%
|
75%
|
|
100%
|
90%
|
7.
All affordable residential units shall be subject to a control period
pursuant to N.J.A.C. 5:80-26.11 of not less than 40 years.
q.
Additional Requirements. Any application for development shall include
at least the following elements:
1.
Site design demonstrating the features of a human-scale, compact,
walkable and bicycle-compatible community, which encourages the conservation
of environmental features and the creation of open spaces and improved
neighborhood recreation areas.
2.
Architectural elevations of all elevations by unit type, renderings
and floor plans.
3.
For a development including any of Lots 32, 44, 60, 20, 46, 19 or
45.01, a circulation and streetscape plan, indicating the overall
design with a roundabout at Nursery Road, located between 400 feet
and 600 feet from the Scotch Road intersection, and a boulevard street
entry into the main portion of the site. The plan shall also provide
the locations and types of materials to be used, including pavement
and crosswalk types, trees and other plantings and any street furniture.
Pedestrian and/or bicycle-compatible circulation systems shall be
designed to extend throughout the development and connect with open
space and common areas.
4.
Parking, Loading and Vehicular Access Plan. A traffic circulation
analysis shall analyze traffic conditions in the project vicinity
and identify existing traffic problem areas as well as the cumulative
effect of traffic from the project on adjacent and affected roadways.
Shared parking arrangements are permissible, subject to the demonstration
of parking sufficiency.
5.
Landscape Plan. Indigenous and noninvasive species shall be used
to the greatest extent practicable. There shall also be provisions
for the shading/screening of parking areas.
6.
Stormwater Management Plan. Stormwater designs shall use as naturalized
designs and shall promote water quality, minimize maintenance and
provide for groundwater recharge. Low-impact development design techniques
shall be used to the greatest extent practicable. Where possible,
geologic formations shall be used to enhance groundwater recharge.
7.
Building Design. An integrated architectural theme shall be utilized
throughout the project, including principal and accessory buildings
and structures and all signage.
(a)
Maximum building length shall not exceed 225 feet unless a four-foot
offset is provided in the facade. Variations in setback, materials,
colors and design including breaks in the building facade shall be
encouraged to reduce and separate the building mass.
(b)
Rooflines shall be pitched. If flat roofs are provided, they
shall incorporate decorative devices such as a parapet wall. If feasible,
flat roofs shall incorporate either green-roof vegetation or solar
collection and shall be designed to shield any roof-mounted equipment.
(c)
All HVAC and mechanical equipment on nonresidential structures
shall be adequately screened from view.
(d)
Building design shall include spare electrical conduit to permit
future installation of rooftop-mounted solar.
r.
Severability. The various parts, sections, and clauses of this section
are hereby declared to be severable. If any part, sentence, paragraph,
section, or clause is adjudged unconstitutional or invalid by a court
of competent jurisdiction, the remainder of the section shall not
be affected thereby.
s.
Repealer. Any ordinances or parts thereof in conflict with the provisions
of this section are hereby repealed to the extent of such conflict.
t.
Effective Date. This section shall take effect upon final passage
and publication pursuant to law, but not before 45 days after complete
execution of the Settlement Agreement in the matter of the Application
of the Township of Hopewell [Docket No. MER-L-1557-15 (Mount Laurel)],
Deer Valley Realty, LLC v. Township of Hopewell, et. al. (Docket No.
MER-L-2326-17), and Appellate Docket No. A-2665-17-T01, approval of
the Settlement by the Superior Court, and issuance of a Final Judgement
of Compliance and Repose by the Superior Court that is no longer subject
to appeal.
