Township of Springfield, NJ Article XXIV Conditional Uses

[Added 11-13-2001 by Ord. No. 2001-7]

§ 215-132 Standards for individual conditional uses.

A. Commercial kennels and animal hospitals.

(1) Kennels or animal hospitals having open pens or cages shall be located on lots having a minimum of five acres and shall be set back at least 200 feet from all lot lines.

(2) In cases where the use is to be carried on within a completely enclosed, soundproof building, the lot and yard requirements of the Community Commercial District shall apply.

(3) Kennels and animal hospitals may have one freestanding sign not exceeding 32 square feet in size and 10 feet in height and set back at least 25 feet from any street line and at least 50 feet from any property line.

(4) Off-street parking shall be provided as determined by the Planning Board during site plan review.

(5) All of the other yard, coverage and height requirements of the CC District shall be met.

B. Public utility uses.

(1) For purposes of this chapter, the term “public utility uses” shall include such uses as telephone dial equipment centers, electric power substations and power transmission lines, natural gas pipelines, water pumping stations, CATV, and other utility equipment and facilities serving the public, but shall exclude dumps and sanitary landfills.

(2) The proposed installation in a specific location must be necessary for the convenient and efficient operation of public utility uses involved and for the satisfactory provision of service by the utility to the service area in which the particular use is located. The application for conditional use and site plan approval shall include a statement setting forth the need and purpose of the installation.

(3) The design of any building in connection with such facilities must not adversely affect the safe, comfortable enjoyment of property rights in the surrounding area.

(4) Adequate fences, screening devices and other safety devices as may be required as conditions of site plan approval. Fences, when used to enclose public utility facilities, such as electrical power substations, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the National Electrical Code in effect at the time of the construction.

(5) The maximum floor area ratio shall be 0.15, and the maximum impervious surface ratio shall be 0.50. Landscaping, including shrubs, trees and lawns, shall be provided and maintained as per the conditions of site plan approval.

(6) Off-street parking shall be provided as determined by the Planning Board during site plan review.

C. Satellite dish antennas over 36 inches wide.

(1) The purpose of this section is to promote communication within the Township in a manner which will properly safeguard the public health, safety and welfare by permitting the use of satellite dish antennas as conditional uses in all zones, said antennas to be installed in an unobtrusive manner so as not to interfere with the intent and purpose of the zone plan. Applications for installation or construction of satellite dish antennas shall be subject to the minor site plan review and approval and shall require building permits.

(2) Installation or construction of satellite dish antennas shall be subject to the following minimum requirements:

(a) A satellite dish antenna shall function only as a receiving station and not as a transmitting station except, subject to the following requirements, an antenna used by the amateur radio operator licensed by the Federal Communications Commission is permitted, provided that the antenna is permitted only at the authorized transmitting location.

(b) A satellite dish antenna may not be placed on any lot which does not contain a permitted principal structure.

(c) A satellite dish antenna shall be ground-mounted in the rear yard area of a lot and shall be located in conformity with the rear yard and side yard setback requirements for a permitted accessory structure in the zoning district in which the lot is located except that, in cases where the applicant can demonstrate that locating the satellite dish antenna in the rear yard is impracticable or would prevent the otherwise proper functioning of the satellite dish antenna, the Board may approve an alternate location as listed herein below in order of preference, based upon the testimony offered by the applicant:

[1] A satellite dish antenna may be ground-mounted in the side yard area of the lot and shall be located in conformity with the side yard setback requirements for permitted accessory structures and the front yard setback requirements for a permitted principal structure in the zoning district in which the lot is located; or

[2] As a second preferred alternate, a satellite dish antenna may be roof-mounted, provided that the bottom of the satellite dish antenna shall not extend more than one foot above the roof line where mounted, is no larger than three feet in diameter and is located toward the rear of the structure away from the street line.

(d) A satellite dish antenna shall not exceed 12 feet in diameter and, unless impracticable, shall be of the aluminum-mesh type.

(e) No ground-mounted satellite dish antenna shall extend higher than 15 feet above ground level.

(f) A ground-mounted satellite dish antenna shall be screened from adjacent properties to the extent possible and practical with nondeciduous plantings. To the greatest extent possible, all satellite dish antennas shall blend with the immediate surrounding area, including the color of the roof if roof-mounted.

(g) No lot shall have more than one satellite dish antenna. Wires and cables running between the ground-mounted antenna and any structure shall be properly installed underground in accordance with the Uniform Construction Code. Additionally, the installation of the satellite dish antenna shall meet all local, state and federal requirements, including those contained in the Uniform Construction Code.

(h) Portable-mounted satellite dish antennas are prohibited.

(i) Satellite dish antennas shall be installed or constructed in a manner so as not to interfere with television, radio or similar reception in adjacent and nearby areas and shall meet all state and federal requirements.

D. Accessory apartments.

(1) The maximum floor area of accessory apartments shall be 1,000 square feet or 1/3 the living space of the principal dwelling, whichever is less; provided that this limitation shall not be construed to require an accessory apartment smaller than that required by the New Jersey Mortgage Finance Agency for funding purposes.

(2) Each accessory flat shall be rented only, and only to an individual or a family which is either a low- or a moderate-income family at the time of initial occupancy of the unit.

(3) Each accessory apartment shall, for a period of at least 10 years, be rented only for such rents as shall be affordable to individuals and families of low or moderate income.

(4) There shall be a recorded deed or declaration of covenants and restrictions applying to each accessory apartment, running with the land, whose form has been approved by the Council on Affordable Housing.

(5) No accessory apartment shall receive Board approval or a zoning permit unless the property owner demonstrates that the septic system is adequate to handle the increased loads occasioned by the additional occupancy of the property.

(6) The accessory apartment may be located in and part of the principal dwelling, or in a garage, carriage house, barn or other accessory building.

(7) Accessory apartments are permitted only on lots six acres or larger.

(8) No accessory apartment shall receive Board approval or zoning permit unless the property owner demonstrates that an adequate potable water supply is available.

[Added 2-21-2004 by Ord. No. 2004-4; amended 11-10-2004 by Ord. No. 2004-21]

(9) There shall be no more than two accessory apartments per single-family dwelling on each lot.

[Added 2-21-2004 by Ord. No. 2004-4; amended 11-10-2004 by Ord. No. 2004-21]

(10) The accessory apartment shall be in full compliance with all applicable health and construction codes prior to occupancy.

[Added 2-21-2004 by Ord. No. 2004-4; amended 11-10-2004 by Ord. No. 2004-21]

(11) Each accessory apartment shall have living/sleeping space, cooking facilities, a kitchen sink and complete sanitary facilities for the exclusive use of its occupants. It shall consist of no less than two rooms, one of which shall be a full bathroom.

[Added 2-21-2004 by Ord. No. 2004-4; amended 11-10-2004 by Ord. No. 2004-21]

(12) The accessory apartment shall have a separate door with direct access to the outdoors.

[Added 2-21-2004 by Ord. No. 2004-4; amended 11-10-2004 by Ord. No. 2004-21]

(13) In the case of an accessory apartment created illegally or without proper permits which the property owner desires to legitimize as an accessory apartment under this chapter, all of the requirements of this chapter in addition to meeting COAH criteria shall apply. A subsidy shall be provided by the Township as an incentive to encourage participation in the program and to ensure illegal units are brought up to code.

[Added 2-21-2004 by Ord. No. 2004-4; amended 11-10-2004 by Ord. No. 2004-21]

(14) The accessory apartment shall be affirmatively marketed to the housing region.

[Added 2-21-2004 by Ord. No. 2004-4; amended 11-10-2004 by Ord. No. 2004-21]

(15) Adequate parking for the accessory apartment shall be provided in a manner which shall be compatible with the established neighborhood character.

[Added 2-21-2004 by Ord. No. 2004-4; amended 11-10-2004 by Ord. No. 2004-21]

E. Residential flats, provided that:

(1) Residential flats shall be located within the 1.5 stories above permitted commercial or office uses located on the first floor.

(2) If the second floor of a building contains a residential flat, no directly contiguous nonresidential use shall be permitted on that floor.

(3) Each residential flat shall have access provided by an outside entrance or stairway.

(4) Each residential flat shall contain at least one bedroom and shall consist in aggregate of a minimum net habitable floor area of 600 square feet, provided that this limitation shall not be construed to require an accessory apartment smaller than that required by the New Jersey Housing Finance Agency for funding purposes.

(5) Each residential flat shall be rented only, and only to an individual or a family which is either a low- or a moderate-income family at the time of initial occupancy of the unit.

(6) Each residential flat shall, for a period of at least 10 years, be rented only for such rents as shall be affordable to families of low or moderate income.

(7) There shall be a recorded deed or declaration of covenants and restrictions applying to each residential flat running with the land, whose form has been approved by the Council on Affordable Housing.

(8) No more than two residential flats per building shall be permitted.

(9) No residential flats shall receive Board approval or a zoning permit unless the property owner demonstrates that the septic system is adequate to handle the increased loads occasioned by the additional occupancy of the property.

(10) No residential flat shall receive Board approval or a zoning permit unless the property owner demonstrates that an adequate potable water supply is available.

[Added 2-21-2004 by Ord. No. 2004-4; amended 11-10-2004 by Ord. No. 2004-21]

(11) The residential flat shall be in full compliance with all applicable health and construction codes prior to occupancy.

[Added 2-21-2004 by Ord. No. 2004-4; amended 11-10-2004 by Ord. No. 2004-21]

(12) Each residential flat shall have living/sleeping space, cooking facilities, a kitchen sink and complete sanitary facilities for the exclusive use of its occupants. It shall consist of no less than two rooms, one of which will be a full bathroom.

[Added 2-21-2004 by Ord. No. 2004-4; amended 11-10-2004 by Ord. No. 2004-21]

(13) The residential flat shall have a separate door with direct access to the outdoors.

[Added 2-21-2004 by Ord. No. 2004-4; amended 11-10-2004 by Ord. No. 2004-21]

(14) In the case of a residential flat created illegally or without proper permits which the property owner desires to legitimize as a residential flat under this chapter, all of the requirements of this chapter in addition to meeting COAH criteria shall apply. A subsidy shall be provided by the Township as an incentive to encourage participation in the program and to ensure illegal units are brought up to code.

[Added 2-21-2004 by Ord. No. 2004-4; amended 11-10-2004 by Ord. No. 2004-21]

(15) The residential flat shall be affirmatively marketed to the housing region.

[Added 2-21-2004 by Ord. No. 2004-4; amended 11-10-2004 by Ord. No. 2004-21]

(16) Adequate parking for the residential flat shall be provided in a manner which will be compatible with the established neighborhood character.

[Added 2-21-2004 by Ord. No. 2004-4; amended 11-10-2004 by Ord. No. 2004-21]

F. Gasoline service stations.

(1) Service stations shall be permitted only two entrances and exits on one street frontage and three per lot.

(2) All equipment, work pits, storage areas and trash facilities other than gasoline filling pumps or air pumps shall be within a building or roofed structure.

(3) Fuel pumps shall not be located closer than 25 feet from a side property line.

(4) All lubrication, repair or similar activities shall be performed in a fully enclosed building and no dismantled parts shall be displayed or stored outside of an enclosed building.

(5) No junked motor vehicle or part thereof, or vehicles incapable of normal operation on the highways, shall be permitted on the premises of the repair garage, except as noted herein. A maximum of 11 vehicles shall be permitted to await repair or disposition at the repair garage, with no more than three inoperable vehicles permitted in an enclosed building and no more than eight inoperable vehicles permitted outside the building. If more than eight such vehicles on the property are awaiting repairs, they shall be enclosed in a fenced area screened from view from adjacent properties and public streets.

(6) In addition to landscaping that is otherwise required pursuant to the provisions of this chapter, a minimum of 25% of the front yard shall consist of landscape screening of the building and front yard parking.

(7) No exterior display of motor vehicles, recreational vehicles, boats, other forms of transportation, or equipment for sale shall be permitted.

G. Historic redevelopment on Route 206.

[Added 11-10-2010 by Ord. No. 2010-08]

(1) Properties to be redeveloped shall be located on Route 206 with access only to the state highway.

(2) Uses can include specialty retail, such as art studios, art galleries, woodworking, specialty decorative ironworking, sculpture studios, stained glass artisans, nursery products including specialty flower growers and retailers, farm stands, full-service restaurants (not fast-food or drive-through), and apartments for affordable housing.

(3) All parking shall be located behind the front yard setback of existing historic buildings and structures and shall be screened and buffered from Route 206.

(4) Existing historic buildings and structures shall remain and be adaptively reused to contain more than one of the uses as described in Subsection G(2) above.

(5) The Route 206 Viewshed Corridor shall be preserved to the maximum extent possible, but not less than 50% of the highway frontage shall retain the five-hundred-foot viewshed.

(6) Minimum lot size for any redeveloped parcel shall be 20 acres.

(7) New buildings or structures shall not exceed 6,000 square feet and shall be behind the front yard setback of any existing historic buildings or structures.

§ 215-133 Application; notice; hearing.

A. Before a construction permit or certificate of occupancy shall be issued for any conditional use as permitted by this chapter, application for a conditional use shall be made to the Planning Board. The review by the Planning Board of a conditional use shall include any required site and/or subdivision review. Public notice shall be required as provided by the Municipal Land Use Law.[1]

[1] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

B. The Planning Board shall grant or deny the application for a conditional use within 95 days of submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Where a conditional use application involves a site plan or subdivision, notice of the hearing shall include reference to all matters being heard, and the Board shall review and approve or deny the subdivision or site plan simultaneously with the conditional use application. Failure of the Board to act within the required time period shall constitute approval of the application.

C. Administration of accessory apartment/residential flat program.

[Added 2-21-2004 by Ord. No. 2004-4; amended 11-10-2004 by Ord. No. 2004-21]

(1) The Township Manager, acting through a consultant under contract to the Township, shall administer the accessory apartment and residential flat program, including advertising, income qualifying prospective renters, setting rents and annual rental increases, maintaining a waiting list, distributing the subsidy, securing certificates of occupancy, qualifying properties, handling application forms, filing deed restrictions and monitoring reports, and affirmatively marketing the accessory apartment program.

(2) Springfield Township shall only deny an application for an accessory apartment or residential flat if the project is not in conformance with COAH's requirements, the municipal development ordinance or this chapter. All denials shall be in writing with the reasons clearly stated;

(3) In accordance with COAH requirements, Springfield Township shall provide at least $10,000 to subsidize the physical creation of each accessory apartment or residential flat conforming to the requirements of this section and COAH requirements. Prior to the grant of such subsidy, the property owners shall enter into a written agreement with Springfield Township insuring that the subsidy shall be used to create the accessory apartment or residential flat, and the apartment or residential flat shall meet the requirements of this section and COAH regulations.

(4) The owner of an accessory apartment or residential flat must submit a signed and notarized affidavit of continuing affordable housing use annually to the Township Manager in a form provided by the Township.

D. Application process for accessory apartment or residential flats. The application process to create an accessory apartment or residential flat shall be submitted to the Planning Board or to the Board of Adjustment if the conditions cannot be met and a use variance is required. The application must include the following:

[Added 2-21-2004 by Ord. No. 2004-4; amended 11-10-2004 by Ord. No. 2004-21]

(1) Name and address of owner;

(2) Name, address, date of birth, and income verification of the proposed occupant of the accessory unit (if known);

(3) Floor plan or sketch showing the location, size and relationship of both the primary dwelling or commercial establishment, as the case may be, and the proposed accessory apartment or residential flat;

(4) Rough elevations showing the modifications of any exterior building facade to which changes are proposed; and

(5) Current property survey or site development sketch showing the locations of the existing dwelling and/or other existing buildings, all property lines along with minimum building setback lines, all required parking spaces and any natural or man-made conditions which might affect the use of the building for an accessory apartment or residential flat.