A. Purpose. The Mountain District is created to provide for large lot residential uses recognizing the existing remote character of the area, the rock conditions, difficult road access, steep slopes, heavy forest cover, and adjacent zoning in Washington Township.
B. Permitted Uses.
1. Single-family detached dwellings.
2. Accessory uses customarily incident to the above use, provided that they do not include any activity commonly conducted for gain unless specifically permitted in this district.
3. Permitted uses include home offices and instruction for musical instruments on a one-to-one basis not entailing more than one student at any one time for one teacher in a residence.
C. Area Yard and Bulk Requirements (Principal Permitted Uses).
**Webmasters Note: The previous section has been added as per Ordinance No. 17-2003.
A. Permitted uses. [Amended 7-24-1979 by Ord. No. 22-79]
(1) Single-family detached dwellings.
(2) Accessory uses customarily incident to the above use, provided that they do not include any activity commonly conducted for gain unless specifically permitted in this district.
(3) Home offices are permitted. [Amended 12-2-1997 by Ord. No. 15-97]
(4) Instruction for musical instruments on a one-to-one basis not entailing more than one student at any one time for one teacher in a residence.
B. Required conditions.
(1) Height. The height of principal structures shall not exceed 21/2 stories or 35 feet, whichever is the lesser. The height of accessory buildings is regulated by § 94-37.
(2) Front yard. There shall be a front yard of not less than 50 feet, except that where existing buildings on the same side of the street and within 200 feet form an established setback, new buildings shall conform thereto, provided that no new building shall be nearer than 35 feet to the front street right-of-way line, nor is it required that any building be set back more than 60 feet from the front street right-of-way line. In major subdivisions employing the use of cluster zoning, as defined and regulated in this chapter no front yard shall be less than 35 feet.
(3) Side yards. There shall be two side yards, and no side yard shall be less than 15 feet. For any existing platted single lot or contiguous lots that total less than the minimum width required by this chapter, and which are construed as building lots pursuant to § 94-50, the required side yard requirement may be reduced at a ratio of one foot for each five feet of lot width less than 100 feet, provided that no side yard shall be less than 10 feet. In major subdivisions employing the use of cluster zoning, as defined and regulated in this chapter, no side yard shall be less than 10 feet.
(4) Rear yard. There shall be a rear yard of at least 50 feet; provided, however, that in major subdivisions employing the use of cluster zoning, as defined and regulated in this chapter, no rear yard shall be less than 40 feet.
(5) Minimum lot area. Every lot shall have a minimum area of 17,500 square feet. Said area must be measured within 175 feet of the front street right of-way line; provided, however, that within a major subdivision employing the use of cluster zoning, as defined in this chapter, the minimum lot area shall be not less than 10,625 square feet measured within 125 feet of the front street right-of- way line; provided that the subdivision plan of the reduced lot sizes as permitted by this subsection is approved by the Planning Board, and further provided that all of the following requirements are met:
(a) Either there shall be deeded to the Borough of Washington for public purposes or there shall be devoted to open space or recreational use in private ownership an area or areas shown on a plan approved by the Planning Board. To preserve the R-1 Residence District density pattern, the area of such open space so dedicated or reserved shall bear the same ratio to the area of the total tract being subdivided as the average reduced lot area bears to the basic lot area of 17,500 square feet, provided that the aggregate of open space areas reserved or dedicated (exclusive of streets) within any one major subdivision shall be at least 30% of the area of the entire subdivision or eight acres, whichever is larger.
(b) Subdivisions employing cluster zoning, as defined and regulated herein, shall have a density not in excess of two principal residential structures or every gross acre of the entire tract, including lands to be dedicated to the borough for public use and/or lands to be reserved for open space or recreational use in private ownership, exclusive of streets.
(6) Minimum lot width. The minimum width of any lot in the R-1 Residence District shall be 100 feet, and 85 feet for lots created under cluster zoning.
C. Permitted conditional uses. [Added 12-2-1997 by Ord. No. 15-97]
(1) Home professional or business offices are permitted as a conditional use, provided that the following conditions are met:
(a) The lot area is not less than 17,500 square feet;
(b) Off-street parking for all customers and employees is provided.
(2) Home occupations are permitted as a conditional use, provided that the following conditions are met:
(a) The lot area is not less than 17,500 square feet;
(b) Off-street parking for all customers and employees is provided.
(3) The following bulk requirements shall apply to all conditional uses enumerated hereinabove, but any variance application in respect of these bulk requirements shall be considered as a bulk variance:
(a) Such occupations shall be conducted solely by resident occupants of the lot, except that not more than one person not a resident of the building may be present at the premises at any one time.
(b) No more than 500 square feet or 40% of the area of the first floor of the building, whichever is smaller, shall be used for such purposes.
(c) The residential character of the building viewed from its exterior shall not be changed.
(d) The occupation shall be conducted entirely within the building which houses the same, and no exterior storage of tools or materials associated with the business, other than the outdoor parking of commercial vehicles no larger than a full size pickup or panel van, not exceeding one ton maximum gross vehicle weight, is to be permitted.
(e) No occupational sound shall be audible at any boundary line of the property.
(f) No chemicals, dust or other effluents, including nondomestic sewage, shall be permitted nor shall any odor or smoke emanate from the property on account of the home occupation use.
(g) No electromagnetic interference shall be caused by the use, and no explosive materials which serve no other lawful purpose are to be kept on site, except gunpowder in amounts less than five pounds.
(h) Any parking associated with the home occupation shall be entirely accommodated within the property lines.
(i) There shall be no on-site retail sales of merchandise associated with any such use other than by mail order. Off-site delivery of goods shall be permitted. Merchandise sales of accessory items normally and customarily associated with the rendering of personal services shall be permitted but only secondary to the rendering of personal services.
(j) The occupation shall be conducted entirely within either the primary dwelling or an accessory building, but not both.
(k) Uses not specifically mentioned in this section are not necessarily excluded. Any use not specifically prohibited hereby shall not be deemed to be permitted simply because it is not specifically prohibited. It is the intent of this section that any and all home occupations comply with the conditions of Subsection C(3)(a) through (k) hereof, and such compliance is to be the determining factor in whether or not the uses are permitted.
A. Permitted uses. Any use as permitted and regulated in the R-1 Residence District.
B. Required conditions.
(1) Height. The height of a principal structure shall not exceed 21/2 stories or 35 feet, whichever is the lesser. The height of an accessory structure is regulated by § 94-37.
(2) Front yard. There shall be a front yard of not less than 40 feet, except that where the existing buildings on the same side of the street and within 200 feet form an established setback, new buildings shall conform to such established line, provided that no new building may project closer than 30 feet to the front property line nor need set back more than 50 feet from said property line.
(3) Side yards. There shall be two side yards, neither of which shall be less than eight feet. Any existing platted lot or lots that are less than the minimum width required by this chapter and which are construed as building lots pursuant to § 94-50 may reduce the side yard requirements at a ratio of one foot for each five feet of lot width less than 75 feet, provided that no side yard shall be less than six feet.
(4) Rear yard. There shall be a rear yard of at least 40 feet.
(5) Minimum lot area. The minimum lot area of 11,250 square feet must be measured within 150 feet of the front street right-of-way.
(6) Minimum lot width. The minimum width of any lot in the R-2 Residence District shall be 75 feet.
C. Conditional uses as regulated in the R-1 Zone. [Added 12-2-1997 by Ord. No. 15-97]
A. Permitted uses.
(1) Any use as permitted and regulated in the R-1 Residence District.
(2) Two-family dwellings.
(3) Three-family dwellings.
B. Required conditions.
(1) Height. No building shall exceed a maximum of 21/2 stories or 35 feet in height, whichever is the lesser.
(2) Front yard. There shall be a front yard of not less than 25 feet. except that where the existing buildings on the same side of the street and within 200 feet form an established setback, new buildings shall conform to such established line, provided that no new building may project closer than 20 feet to the front property line nor need set back- more than 35 feet from said property line.
(3) Side yards. There shall be two side yards and no side yard shall be less than six feet.
(4) Rear yard. There shall be a rear yard of at least 25 feet.
(5) Minimum lot area. Every single-family dwelling shall have a minimum lot area of 6,250 square feet measured within 125 feet of the front street right of-way line. Every structure housing more than one family shall have a minimum area of 5,000 square feet per family unit measured within 125 feet of the front street right-of-way hue, provided that no such structure shall contain more than three family units.
(6) Minimum lot width. The minimum width of any lot in the R-3 Residence District shall be 50 feet.
C. Conditional uses as regulated in the R-1 Zone. [Added 12-2-1997 by Ord. No. 15-97]
A. Permitted uses
(1) Any use permitted in the R-1 Residence District.
(2) Garden apartments.
B. Required conditions.
(1) Height. No building shall exceed two stories or 35 feet in height, whichever is the lesser. Dwelling units in basements are prohibited. Projections above the roofline not exceeding a total of 15% of the ground floor area and not exceeding 45 feet in total height from the ground are permitted, subject to site plan approval, when necessary to provide heating, air-conditioning or elevator equipment. Not more than one external master television antenna shall be permitted on each principal multiple-family dwelling building, and no individual television or FM antennas shall be permitted.
(2) Yards. Every garden apartment development shall be so designed and constructed that no portion of a structure containing a dwelling unit shall be closer than 100 feet to any abutting front street line nor closer than 85 feet to any other property line.
(3) Open space between buildings. To provide adequate light, air and circulation between buildings, no garden apartment buildings, including buildings containing dwelling units, detached garages, recreation buildings or any other buildings on the site, shall be constructed so that any point on the outside wall thereof is less than 40 feet from the nearest point in the outside wall of any other garden apartment building, provided that wherever any access driveway or private roadway within the tract may pass between garden apartment buildings, the width of such driveway or roadway shall he added to the minimum distance between the buildings. No dimension of any open courtyard formed by either one building or a group of connected buildings shall be less than 60 feet. All apartments shall have at least two walls with 50% exposure to the outside for cross ventilation, and not more than 12 dwelling units per story shall be permitted, but nothing herein shall prohibit attachment of buildings to one another, provided that where buildings are so attached, they must be so arranged and designed that no building facade shall continue in the same plane for a length of more than 110 feet without an offset of at least five feet, and in any case all buildings shall be so arranged that when viewed from any one direction the overall length, even though not at the same plane, shall not exceed 300 feet.
(4) Density; building coverage. Every garden apartment development shall provide at least 5,000 square feet of lot area for each two-bedroom or larger dwelling unit and at least 4,200 square feet of lot area for each one-bedroom dwelling unit. Areas within the site devoted to usable open space, off-street parking and driveways may be included in computing the area requirements regarding density. Maximum building coverage shall not exceed 20% of the computed total square foot lot area requirements herein provided.
(5) Minimum total lot area. No site plan for any development on which multiple-family dwellings (garden apartments) are to be constructed shall be approved unless such site contains a minimum of 15 contiguous acres not separated or divided by any public street, which area shall be measured within 1,200 feet of the front street line, provided that the total site area, in any event, shall be sufficient to provide for all off-street parking, usable recreation space, yards and other requirements consistent with the projected number of dwelling units to be constructed in the entire project represented on the site plan. Interior tracts may be granted site plan approval, provided that there is a minimum contiguous frontage of 300 feet on a public or private road approved by the Planning Board and the bulk of the tract is contained in an area, the dimensions of which are generally shaped so that its average length is not greater than 100% of its average width, or vice versa.
[Amended 12-2-1997 by Ord. No. 15-97; 8-4-1998 by Ord. No. 7-98]
A. Permitted uses.
(1) Single-family attached dwellings.
(2) Single-family detached dwellings.
B. General conditions.
(1) Height. No building shall exceed 21/2 stories or 35 feet in height, whichever is the lesser.
(2) Density. The overall density shall not exceed four dwelling units per gross acre of land to be developed.
C. Attached single-family dwelling standards.
(1) Yards. No building containing a single-family attached dwelling unit shall be closer than 25 feet to any abutting street right-of-way line. Accessory structures and parking are permitted in the side and rear yard, provided that no accessory structure or parking area shall project closer than 20 feet to any structure.
(2) Separation requirements. There shall be a distance of 30 feet between all dwelling structures; provided, however, that no dimensions of any open courtyard formed by either one building or a group of buildings shall be less than 60 feet. A minimum distance of 15 feet is required between accessory structures.
(3) Units per structure. No structure shall contain more than six dwelling units.
(4) Lot width. Dwelling units shall be on lots a minimum of 20 feet wide. If individual lots are not created, the dwelling unit width shall be a of 20 feet.
D. Detached single-family dwelling standards. Area and yard requirements for development of single-family detached dwelling units shall be in accordance with standards of the R-1 Residence District, except that the cluster development option shall not apply.
E. Mixed-use development standards.
(1) Sites containing a minimum total tract area of 25 acres may be developed with a combination of attached single-family dwelling units and detached single-family dwelling units, as permitted in this zone, provided that a minimum of 40% of the total units proposed are single-family detached units.
(2) The minimum setback for attached single-family dwelling units from proposed single-family detached units lot lines shall be 25 feet.
A. PURPOSE
The purpose of the AR-7 Age Restricted Residential Zone District is to provide for active adult residential development.
B. PRINCIPAL PERMITTED USES
1. Duplex dwellings
2. Multifamily dwellings
3. Townhouse dwellings
C. PERMITTED ACCESSORY USES
1. Recreational, social and communal facilities for the exclusive use of residents of the community and guests
2. Recreation building and facilities
3. Off-street parking areas
4. Individual and common mailboxes
5. Trash receptacle enclosures
6. Project sign during time of construction, which shall be removed immediately after construction has ceased
7. Fences
8. Construction and sales trailer(s) during time of construction, which shall be removed immediately after construction has ceased.
D. MANDATORY AFFORDABLE HOUSING SET-ASIDE
Eighteen percent (18%), but not more than 16 of the residential dwelling units within the AR-7 zone district, shall be set-aside for low and moderate-income households. A minimum of one-half of the affordable units shall be affordable to low-income households and the remaining affordable units shall be affordable to moderate-income households. As an alternative, the affordable housing set aside may be met with a minimum of twelve (12) of the residential units constructed on site as units for low and moderate income households and a payment in lieu of constructing four (4) of the affordable units. Pursuant to N.J.A.C. 5:94-4.4 (c), the amount of payments in lieu of constructing affordable units shall be $35,000 per unit for an in lieu of payment. All affordable housing units constructed on site shall conform to the requirements of the Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26 et seq. and the Council on Affordable Housing per N.J.A.C. 5:94-1.1 et seq.
E. GENERAL CONDITIONS
1. Minimum Tract Area. The minimum tract area for the development shall be fifteen (15) acres under the ownership or control of a single entity and the subject of a development application.
2. Residential Density. The maximum density shall not exceed six (6) dwelling units per gross acre.
3. Townhouse Configuration. Townhouse units shall not exceed six (6) units within any one overall structure.
4. Minimum Tract Frontage. The minimum tract frontage shall be two hundred (200) feet.
5. Minimum Building Setback From Tract Boundaries. All buildings shall maintain a minimum setback of thirty-five (35) feet from an existing public street right-of-way and twenty-five (25) feet from all other tract boundaries.
6. Minimum Building Setback From Interior Street. All buildings shall maintain a minimum setback of eighteen (18) feet from the curb line of any street located within the tract boundaries except that the garage entrance shall maintain a minimum distance of twenty-five (25) feet to the curb line.
7. Minimum Distance Between Residential Buildings. The minimum distance between residential buildings shall be as follows:
a. The front of one building to the front of another building: seventy (70) feet.
b. The front of one building to the side of another building: sixty (60) feet.
c. The front of one building to the rear of another building: seventy (70) feet.
d. The side of one building to the side of another building (end unit): twenty (20) feet.
e. The side of one building to the rear of another building: thirty-five (35) feet.
f. The rear of one building to the rear of another building: forty-five (45) feet.
8. Minimum Distance Between Residential Buildings and Community Center Building. The minimum distance between any residential building and the Community Center shall be thirty-five (35) feet.
9. Maximum Building Coverage. The maximum building coverage, including principal and accessory buildings and structures, shall not exceed twenty-five (25%) percent of the gross acreage of the tract.
10. Maximum Impervious Coverage. Maximum impervious shall not exceed fifty-five (55%) percent of the gross acreage of the tract.
11. Bulk Standards For Lotted Developments. The following additional standards apply to lotted development proposals:
a. The Minimum Lot Area. The minimum lot area for a building containing duplex, townhouse or multi-family dwellings shall be 2000 square feet.
b. Minimum Lot Frontage and Width. The minimum lot frontage and width shall be 20' except that lots on curving streets or private driveways frontage may be reduced to %2 of the required width.
c. Minimum Frontage Yard. The minimum front yard shall be 18' from the curb line of any street located within the tract boundary and 35' from an existing public street right-of-way.
d. Minimum Side Yard. The minimum side yard shall be 0' for an interior unit and 5' for an end unit.
f. Building and Impervious Coverage. Building coverage and impervious coverage shall be calculated only for the entire tract.
g. Condominium/Unlotted Developments. Unlotted developments may be permitted in lieu of lotted developments, provided that the area for each building and the location of each building is identified on the plan to show compliance with the regulations for lotted developments as above.
12. Common Open Space. A minimum of five percent (5%) of the total land area of the tract shall be devoted to open space. The open space shall be set-aside for open space as common property for the benefit of the residents. Whenever possible, common open space shall be designed as a continuous system of usable areas, interspersed around groupings of residential dwelling units. Common open space shall not include lots, parking areas and accessways on road rights-of-way. In the case of unlotted dwellings, an area equal to the yard requirements of individual dwellings of the same type shall be inscribed around the building, and shall not be considered common open space.
13. Community Center and Recreation Improvements. The age-restricted development shall include a community center building consisting of at least eighteen (18) square feet per residential dwelling unit. The Community Center may include, but is not limited to, a kitchen, office, recreational and social activity rooms. The maximum height of the community building shall not exceed thirty-five (35) feet. Recreation improvements shall consist of active and passive facilities including, but not limited to, two (2) tennis courts and a swimming pool. Recreation improvements may be constructed off-tract or a cash payment made in lieu of locating them on the development tract.
14. Maximum Residential Building Height. The maximum building height for any residential building shall not exceed 38 feet or 2.5 stories.
15. Parking Requirements. The number and design of parking spaces for the residential dwellings shall conform to the requirements of sections 5:21-4.14 and design standards of 5:21-4.15 and 5:21-4.16 of the Residential Site Improvement Standards. At least one parking space per unit shall be provided within an enclosed garage. Off-street parking for the Community Center shall be provided at a ratio of three (3) parking spaces per one thousand (1,000) square feet of gross floor area.
16. Utilities. Any development within the AR-7 Age Restricted Residential Zone District shall be served by municipal water and sewerage systems. All utility lines, including power, telephone and cable lines shall be installed underground.
17. Project Sign. A development identification sign may be permitted subject to review and approval by the Planning Board and in accordance with the standards of §94-48A(1)(d) of this Chapter.
F. SITE ACCESS AND INTERNAL STREETS
There shall be at least one point of public access to an existing collector or major arterial road within the Borough. The approving authority shall reserve the right to require on-tract, off-tract and/or offsite road improvements to ensure safe and efficient ingress and egress to the site. All internal streets shall be designed in accordance with the Residential Site Improvement Standards. The ownership of the roads shall be determined at the time of site plan review by the Approving Authority.
G. PEDESTRIAN FACILITIES
Safe pedestrian access is required to link all developed components of the development and to the Borough's Downtown District. Sidewalks having a minimum width of four (4) feet shall be provided along both sides of all internal streets, between parking areas, individual driveways and residential buildings, and between all residential buildings and recreation areas/community facilities. The entire pedestrian circulation network shall be provided with appropriately scaled lighting to ensure public health and safety.
H. LANDSCAPING, STREET TREES, AND BUFFERS
A.landscape plan, prepared by a New Jersey Certified Landscape Architect, shall be required to provide for the following:
1. Off-street parking areas shall be screened to provide with year-round landscaping and/or decorative fencing. All screening materials shall be planted/installed at a minimum height of five (5) feet.
2. Street trees 3-3 1/2 caliper, B+B, shall be installed on both sides of all streets planted at a distance not to exceed forty (40) feet on-center. Trees shall be generally spaced evenly along the street within a planting strip not less than (5) feet in width.
3. The interior of stormwater basins shall be planted with the quantity of trees equal to the number of trees that would be necessary to cover the entire area, based upon a 20 foot by 20 foot grid to the high water line or outflow elevation. Of this number, ten percent (10%) shall be two to two and one-half (2-2 1/2) inch caliper, twenty percent (20%) shall be one to two (1-2) inch caliper; and seventy percent (70%) shall be 6-8 foot height whips. The trees shall be planted in groves and spaced five (5) feet to fifteen (15) feet 'on center. The ground plane shall be seeded with a naturalization, wildflower and/or wet meadow grass mix. Wet site tolerant shrubs shall be massed around the basin(s). The specific blend shall be approved by the Borough Landscape Architect. All woody and herbaceous plants shall be species indigenous to the area and/or tolerant to typical wet/dry floodplain conditions.
4. A landscape buffer, consistent of a combination of deciduous trees, conifer, shrubs, berms, and, if appropriate, fences or walls in sufficient quantities and sizes to create a year-round screening shall be provided within a minimum depth of fifteen (15) feet along all tract boundaries. An enhanced buffer beyond the minimum standard may be required by the Planning Board if it determines that the minimum requirements are not sufficient to provide adequate protection from the adverse impacts of factors external to the development site, including, but not limited to, noise and the visual impact of incompatible land uses. This shall include berms and/or wood or concrete fences.
I. PHASING PLAN
The developer may submit a phasing plan for approval by the Planning Board. The Community Center and all exterior recreational facilities shall be constructed and available for use by the residents no later than the point where fifty (50) percent of the Certificates Of Occupancy of the total approved residential units in the development have been issued.
J. MAINTENANCE OF COMMON ELEMENTS
Common open space and recreation facilities shall be owned in common by the residents of the planned age-restricted community and managed by a homeowner's association in accordance with the provisions of N.J.S.A. 40:55D43. All open space and recreation areas shall be deed restricted in a manner satisfactory to the Planning Board Attorney. The restrictions shall be sufficient to assure that the open space and recreation areas will be maintained and preserved for their intended purpose. Covenants or other legal arrangements, including homeowner's association documents, shall specify ownership of the area, method of maintenance, responsibility for maintenance; maintenance taxes; and insurance; compulsory membership and assessment provisions; and guarantees that any association formed to own and maintain the area will not be dissolved without the consent of the Planning Board.
K. PERMANENT DEED RESTRICTIONS
The developer shall submit a permanent deed restriction detailing on the deed for the entire tract and in the deeds for each individual lot, if applicable, within the development, methods of implementing the age restriction to the Planning Board for its review and approval.
L. HOMEOWNER'S ASSOCIATION
The applicant shall establish a homeowner's association for the planned age- restricted community. The association shall own and be responsible for the maintenance, repair and reconstruction of all commonly owned buildings, facilities and lands. At a minimum, all such lands shall include recreational areas, open space, and drainage facilities required by the Planning Board. Notification of the ownership and maintenance responsibilities of the homeowner's association for all recreation, security facilities and undeveloped open space shall be included in the contract of sale and deed of each residence. The documents creating a Homeowner's Association shall be approved by the Township attorney prior to recording.
M. AGE-RESTRICTED FOR DWELLING UNIT OCCUPANCY
Approval of an Age Restricted Residential Community shall require the placement of restrictive covenants, in a manner satisfactory to the Planning Board Attorney, on the deeds to all portions of a tract to insure that occupancy will be limited to at least one member of the household fifty-five (55) years of age or older with no children under nineteen (19) years of age in permanent residence, pursuant to the Federal Fair Housing Amendments Act, of 1998 and any amendments thereto, including but not limited to the Housing for Older Persons Act of 1995. Irrespective of the Federal Fair Housing Amendments Act, there shall be no occupancy of any residential unit unless at least one member of the household, who is also a titleholder to the Property, is fifty-five (55) years of age or older.
**Webmasters Note: The previous section has been added as per Ordinance No. 14-2005.
