[Ord. No. 96-2441]
A. Minimum Regulations.
1. Lot Area: 75 acres.
2. Lot Frontage: 300 feet.
a. Front Setback: 350 feet; 100 feet when abutting a regional expressway or freeway.
b. Rear Setback: 350 feet.
c. Side Setback: 150 feet; 100 feet when abutting a regional expressway or railroad.
d. Street Side: 175 feet.
e. Street Rear: 350 feet.
4. Parking. Off-street parking shall be provided in accordance with Section 16-627.R. Parking areas may be located in any required yard space provided:
a. They are at least 50 feet from any roadways and zone boundaries other than residential.
b. Where the abutting zone is residential, the parking area setback shall be a minimum of 100 feet; 25 feet when abutting a railroad.
5. Gross Floor Area:
a. First floor of multi-story principal buildings: 20,000 square feet minimum.
6. Distance Between Buildings. Where more than one (1) principal building is located on a lot or tract, the minimum open space between separated buildings shall be one hundred seventy-five (175') feet. Where buildings are to be connected to a covered walkway at grade level, the separation by being reduced to no less than one hundred (100') feet. Where buildings are to be connected by an atrium which is structurally integrated into said buildings and considered part of the gross floor area, this section shall not apply.
B. Maximum Regulations.
2. Floor Area Ratio (FAR): 0.25. Section 16-624.A.4, of this Chapter shall not apply for the purposes of calculating the maximum floor area ratio permitted in this section.
3. Building Height. No building shall exceed five (5) stories, exclusive of basement and/or cellar used exclusively for housing mechanical equipment, storage, and/or parking or seventy-five (75') feet in height, whichever is greater.
C. Parking Structure.
1. Parking structures located within the OR-3 Zone shall comply with all provisions of Section 16-619 herein except as follows:
a. The height and maximum number of stories permitted shall be in accordance with Section 16-938.1.B.3. herein.
b. Parking structures are permitted to be located between a street frontage and a commercial buildings as long as it is located outside the required front yard setback.
D. Landscaping. Notwithstanding Section 16-622 herein, required landscaping shall be as follows:
1. A minimum of twenty-five (25%) percent of a site plan shall be reserved for landscaping and/or left in its natural state.
2. No parking lot shall contain more than twenty (20) spaces in a row without interruption by a landscaped island at least eight (8') feet wide.
3. All parking areas for twenty (20) or more vehicles shall contain grassed or landscaped areas at least six (6') feet wide.
E. Other Regulations.
1. Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued and in no case more than seven (7) days prior to the commencement of work. Trailers shall not remain on site more than seven (7) days after completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
[Ord. No. 2009-2979 § 2]
A. Minimum Standards.
1. Minimum Lot Area: 20 acres.
2. Minimum Building Setbacks:
a. From arterial or collector roadway: 50 feet except where any jughandle intrudes into property which buildings shall be no less than 20 feet to the ROW jughandle in that instance.
b. From tract boundary or right-of-way: 35 feet.
c. From single-family residential zone: 75 feet, except detached single-family homes are permitted with frontage on an extension of Carriage Lane so long as the "standards and regulations" of the R-22 Zone are complied with for each lot and structure.
d. From internal streets: 12 feet.
3. Parking Setbacks:
a. From arterial or collector roadway: 50 feet, except that parking for affordable housing units may be located to within 20 feet from arterial or collector roadways. [Ord. No. 2010-2999 § 4]
b. From tract boundary or right-of-way (other than internal streets): 50 feet, except for parking for affordable housing units which may be no closer than 20 feet.
c. From principal buildings: 6 feet, except for driveway parking spaces.
4. Buffer Requirements:
a. No structure or paved area associated with a retail use shall be located within 150 feet of a single-family residential zone.
b. No structure or paved area associated with any office use shall be located within 100 feet of a single-family residential zone.
c. Structures associated with drainage facilities may be permitted within any required buffer area.
5. Open Space: 30% (open space includes all area of the tract meeting the definitions of "open space" and/or "open space, unoccupied" in 16-203. It specifically includes all drainage and storm water drainage and recharge basins.)
B. Maximum Regulations.
1. Lot Coverage: The overall lot coverage for the gross tract area shall not exceed 50%.
2. Building Height:
a. Single-family detached residential uses: 2 1/2 stories, 35 feet.
b. Retail, Office, Commercial, Mixed-Use And Multi-Family Residential Buildings: 4 stories, 60 feet.
3. Floor Area Ratio: 0.12 excluding residential uses.
C. Other Regulations.
1. All residential uses on the site shall be developed at a density not to exceed 4.5 units per gross tract area.
2. Performance residential development shall be permitted on any portion of the PD Zone consistent with the R-22 standards and shall be exempt from the minimum tract size requirement.
3. Any application for development greater than one hundred (100) acres in size may, in addition to the application for site plan approval, also include a request for a General Development Plan approval for the full development of the project. This application shall be submitted consistent with N.J.S.A. 40:55D-45, 45.1, 45.2 and 45.3 and include information outlined in the above referenced Statutory Sections that the Board deems necessary for review and determination of General Development Plan approval. The term of the General Development Plan approval shall be determined by the Planning Board using the guidelines set forth in N.J.S.A. 40:55D-45.1(c), however, the term shall not be less than ten (10) years nor more than twenty (20) years from the date upon which the developer receives final approval of the first section of the planned development.
4. The General Development Plan for the full development of the project must contain a minimum of three of the below uses, and each use shall not comprise more than the maximum percentage listed below, unless otherwise specified herein. Nonresidential development shall comprise a minimum thirty (30%) percent of the full development of the PD Zone.
5. At the request of the applicant, any of the standards and regulations applicable to the PD Zone may be increased or decreased up to ten (10%) percent by the approving authority, without need for a variance application.
6. Buildings containing a mix of uses, including residential, shall be permitted in the PD Zone. Any structure containing a mix of uses which includes residential shall be considered a nonresidential structure (except the residential floor area shall not be included in the floor area ratio calculation). Additionally, for the purpose of calculating the mix of uses per Subsection C,4, the square footage of any use within a mixed use structure shall be added separately and shall contribute to the maximums specified in Subsection C,4.
7. After approval (including General Development Plan approval, preliminary site plan approval and/or final site plan approval), it shall be permissible to sell individual portions of the project (and obtain subdivision approval if necessary) so long as all portions of the project shall remain consistent and in conformance with the General Development Plan. Such subdivision and sale shall not add additional requirements to the project that were not present prior to the proposal to subdivide and sell a portion of the project.
8. Parking Lot Landscaping. Section 16-622 (D-4 and 5) shall not apply to the PD Zone.
D. Any property located in the PD Zone that was not already zoned for Planned Development at the time of the adoption of this Ordinance may be developed in accordance with Business (B-2) Zone standards. [Ord. No. 2010-2999 § 6]
[Ord. No. 2003-2723; Ord. No. 2004-2793]
A. Standards.
No lot area or building setback within the Federal Land Zone shall be modified or further reduced below the area or setback in existence at the time of the adoption of this Ordinance.
No use other than the uses which are in existence on any property in the Federal Land Zone shall be permitted.
[Ord. No. 2009-2989 § 4]
A. Purpose.
1. The flood hazard areas of Middletown Township are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, causes damage in other areas. Uses that are flood-proofed, elevated or otherwise protected from flood damage, also contribute to the flood loss.
2. It is the purpose of this section to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:
a. To protect human life and health;
b. To minimize expenditure of public money for costly flood control projects;
c. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
d. To minimize prolonged business interruptions;
e. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
f. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;
g. To ensure that potential buyers are notified that property is in an area of special flood hazard; and,
h. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
3. Methods of Reducing Flood Losses. In order to accomplish its purposes, this section and Section 16-527 includes methods and provisions for:
a. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
b. Requiring that uses vulnerable to floods including facilities which serve such uses, be protected against flood damage at the time of initial construction;
c. Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
d. Controlling filling, grading, dredging, and other development which may increase flood damage; and,
e. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
B. Applicability.
Any and all lands or portions of lands which extend into, traverse, or lie within the area of special flood hazard or floodplain as delineated in the report and maps referenced in Section 16-901A.5 shall be subject to the rules and regulations as set forth herein as well as the other development regulations applicable to the zone district in which said lands are placed.
C. Prohibited Uses.
No person shall hereafter engage in or cause other persons to engage in any of the following prohibited activities or land uses within any portion of a flood hazard area, except as permitted as a lawful pre-existing use pursuant to Article 7 of this Chapter:
1. The placing, depositing or dumping of any solid waste.
2. The dumping, disposal or discharge of pesticides, domestic or industrial wastes, radioactive materials, petroleum products or other hazardous materials, except as authorized under other provisions of law, including authorized Mosquito Control Commission programs.
3. Any use which is not permitted in the district regulations of Article 9 of this Chapter for the zone district in which the flood hazard area is located.
D. Regulated Uses. For purposes of this section, regulated uses are activities and land uses within the flood hazard area which:
1. Are not prohibited under section 16-940C;
2. Result in excavation, fill, or grading;
3. Require channel modification or relocation;
4. Require under the terms of this Chapter approval of a subdivision, site plan, conditional use, or require a variance pursuant to N.J.S.A 40:55D-70c, 40:55D-70d, and 40:55D-76a;
5. Require the erection of a structure or building (temporary and permanent).
E. Floodplain Encroachment Permit Required.
1. Subject to the provisions of Article 7 (Section 16-709) of this Chapter, no person shall hereafter engage or cause other persons to engage in any development or regulated use in an area of special flood hazard as defined herein unless and until such person shall have applied for and received from the Administrative Officer (Construction Official) a floodplain encroachment permit. [Ord. No. 2013-3082 § 4]
2. Where a lot, tract, or parcel is proposed for development and a portion of said lot, tract, or parcel lies within a special flood hazard area, a development permit may be issued without the prior approval and issuance of a floodplain encroachment permit provided said development does not in any way during or as a result of construction or development disturb the natural condition of or encroach upon the special flood hazard area and/or result in any man-made change to the special flood hazard area including the placement therein of buildings or structures or mining, dredging, filling, grading, paving, excavation, or drilling; and provided moreover that said development does not require site plan, subdivision, or conditional use approval nor require the issuance of any variance. The Administrative Officer (Construction Official) may require such information prior to the issuance of the development permit and impose such conditions to assure that the development does not disturb or encroach upon the special flood hazard area. [Ord. No. 2013-3082 § 4]
3. Minor uses or activities within a special flood hazard area, such as but not limited to gardens, flower beds, open fences, temporary plan equipment, lawn furniture or the removal of dead or diseased trees, which are accessory to and normally associated with the enjoyment of a single- or two-family dwelling and which in the opinion of the Administrative Officer (Construction Official) do not alter or increase the flood hazard do not require a floodplain encroachment permit. [Ord. No. 2013-3082 § 4]
4. Practices within a special flood hazard area that are related to a farm such as terracing, construction of diversions, subsurface drainage, construction of grassed waterways and dug ponds shall be designed and constructed under the supervision of the Freehold Soil Conservation District and shall be considered a regulated use for which the issuance of floodplain encroachment permit is required.
F. It shall be the duty and responsibility of the Administrative Officer (Construction Official) to issue or deny an application for a floodplain encroachment permit after consultation with the Township Engineer and the Zoning Officer in accordance with the following: [Ord. No. 2013-3082 § 4]
1. Review all such applications to determine that the permit requirements of this Chapter have been satisfied.
2. Review all such applications to determine that all necessary permits have been obtained from those Federal, State, or local governmental agencies from which prior approval is required.
3. When base flood elevation and floodway data has not been provided in accordance with Section 16-901. A5.a.1 and 16-901. A5. a.2, then the Administrative Officer (Construction Official) shall obtain review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer Sections 16-527.F and 16-527.H. [Ord. No. 2013-3082 § 4]
4. Obtain, verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
5. Review all development permits in the coastal high hazard area of that area of special flood hazard to determine if the proposed development alters sand dunes so as to increase potential flood damage.
6. Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 16-527.K are met.
7. Review plans for walls to be used to enclose space below the base flood level in accordance with Section 16-527.L.2.d.
8. Determine that the development complies with the design standards of Section 16-527.
9. For all new or substantially improved flood-proofed structures:
a. Verify and record the actual lowest floor elevation (in relation to mean sea level) and
b. Maintain the floodproofing certifications required in Section 16-940.H.2.d.
10. In coastal high hazard area, certifications shall be obtained from a registered professional engineer or architect that the provisions of Section 16-527.L.2.b(1) and (2) are met.
11. Maintain for public inspection all records pertaining to the provisions of this section.
12. Alteration of Watercourses.
a. Notify adjacent communities and the New Jersey Department of Environmental Protection, Dam Safety and Flood Control section and Land Use Regulation Program prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
b. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.
13. For any development application involving a regulated use and for which approval of a subdivision, site plan, conditional use, or a variance is required, the Administrative Officer (Construction Official) shall refer said application to the Planning Board or Zoning Board for review and approval, approval with conditions, or denial for the floodplain encroachment permit in accordance with Section 16-940J. [Ord. No. 2013-3082 § 4]
G. Duties and Responsibilities of the Board of Adjustment. In those cases where an application for development requires a floodplain encroachment permit for a regulated use as a precondition to the issuance of a development permit as set forth in Section 16-940F, and such application for development is under the jurisdiction of the Zoning Board of Adjustment, then the Board of Adjustment shall have the same power to act on the application for a floodplain permit subject to the same restrictions and requirements as the Planning Board.
H. Application Procedures. Where an application for development is classified as a regulated use within a flood hazard area, the applicant shall submit for a floodplain encroachment permit the following to the Administrative Officer (Construction Official): [Ord. No. 2013-3082 § 4]
1. Application Fee.
2. Four (4) copies of the floodplain encroachment application form and plans showing the following information:
a. A plan drawn to scale showing the nature, location, dimensions, and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing.
b. Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures.
c. Elevation in relation to mean sea level to which any nonresidential structure has been flood-proofed.
d. Plans showing how any nonresidential flood-proofed structure will meet the floodproofing criteria of Section 16-527.H and a certification by a registered professional engineer or architect that the flood-proofing methods for any nonresidential structure meet the flood-proofing criteria in Section 16-527.H.
e. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
3. Distribution. The Administrative Officer (Construction Official) shall distribute the application form and plans as follows: [Ord. No. 2013-3082 § 4]
a. One (1) copy Emergency Management Coordinator. [Ord. No. 2013-3082 § 4]
b. One (1) copy Zoning Officer.
c. Two (2) copies Township Engineer's office.
All information shall be complete, responsive and accurate to the best of the applicant's knowledge and ability, and, if required, be prepared by a licensed professional engineer, architect, and/or land surveyor.
4. Declaration of Completeness of Submission of Additional Information. Within thirty (30) days of its submission, the Administrative Officer (Construction Official) shall take action on an application for a floodplain encroachment application. Such action may approve, deny, or declare incomplete said application or notify the applicant that the development requires approval by the Planning Board or Zoning Board. The applicant shall be notified in writing of the action taken. If the application is incomplete the applicant shall be notified of the additional items or information required to complete the application. Failure of the applicant to furnish such information within twenty (20) days of being so notified will result in denial of the application. The Administrative Officer (Construction Official) shall not issue a floodplain encroachment permit unless a favorable report has been issued by the Township Engineer's office and any required prior approval of the Planning Board or Board of Adjustment has been granted. [Ord. No. 2013-3082 § 4]
I. Development Applications to be Consolidated with Floodplain Encroachment Permit Applications. Any person who intends to apply for a floodplain encroachment permit hereunder, and who further intends to apply for conditional use approval for subdivision approval, for site plan approval, or for any variance pursuant to N.J.S.A. 40:55D-70c, 40:55D-70d, or 40:55D-76a shall consolidate all information required by the floodplain encroachment application to be platted with all tentative and final subdivision plats, site plans, or other such plans submitted pursuant to this Chapter. Additional copies of the floodplain encroachment application form shall be submitted as required by the Board. Where platted information has been consolidated as herein required, the Planning Board or Board of Adjustment shall consider simultaneously the application for a floodplain encroachment permit and the application for subdivision, site plan, conditional use or variance approval. Where platted information has been consolidated as herein required, such consolidation shall not constitute a waiver of the requirements of any other provision of this or any other ordinance except that the Planning Board may refrain from taking any action on such floodplain encroachment permit application until final subdivision, site plan, conditional use, or variance approval is granted or denied. This subsection is in no way intended to excuse any applicant for subdivision or site plan approval from any other applicable provisions of this Chapter of the Township ordinance, or any other provisions of law, but is solely intended to eliminate the necessity for dual submission.
J. A floodplain encroachment permit may be issued if, after review and consideration of the application, with due regard for the criteria of this Chapter the use or activity as proposed by the applicant, or as conditioned by the approving authority:
1. Has low flood damage potential;
2. Neither obstructs flood flows or increases flood heights or velocities unduly, whether acting alone or in combination with other existing or expected uses; and does not increase significantly the rate of local runoff, erosion and sedimentation;
3. Does not degrade significantly the water carrying capacity of any delineated floodway or channel;
4. Does not degrade significantly the quality of surface water or the quality and quantity of ground waters;
5. Does not stress unduly the environment of the floodplain;
6. Does not require channel modification or relocation;
7. Does not involve the storage of hazardous materials;
8. Does not require excessive fill;
9. Complies with the design standards of Section 16-527; and
10. Is elevated in accordance with Section 16-527.G in the case of residential structures, or is elevated or flood-proofed in accordance with Section 16-527.H in the case of nonresidential structures.
K. Conditional Issuance. The approving authority may impose such conditions on regulated uses as it deems necessary to promote and protect the public safety, health and welfare, to protect public and private property and to preserve, protect and enhance the natural environment of the floodplain.
L. Certification Prior to Occupancy. Prior to the issuance of a certificate of occupancy for buildings or structures erected within a coastal high hazard area utilizing structural support pursuant to Section 16-527.L.2.b, an engineer or architect licensed in the State of New Jersey must certify that such supports have been built to comply with Section 16-527.L.2.b.
M. Revocation of Floodplain Encroachment Permits. Floodplain encroachment permits may be revoked by the Municipal Agency or Administrative Officer (Construction Official) for any violation of these regulations or for violations of any permit conditions. Continution of the use or activity subsequent to revocation shall be deemed a violation of this Chapter. [Ord. No. 2013-3082 § 4]
N. Penalties. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this Chapter and other applicable regulations. Any persons engaging in a use or activity prohibited in this section or engaging in an activity without receiving a floodplain encroachment permit where one is required shall be subject to the penalties of Section 16-309.A.
O. Design Waivers. An applicant desiring a waiver of the design conditions and standards required for the issuance of a floodplain encroachment permit may appeal to the Township Zoning Board for a waiver in accordance with Section 16-527.M.
P. Abrogation and Greater Restrictions. This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section and other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
Q. In the interpretation and application of this section, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the Governing Body; and,
3. Deemed neither to limit nor repeal any other powers granted under State statutes.
R. Warning and Disclaimer of Liability. The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This section does not imply that land outside the area of special flood hazards or uses permitted with such areas will be free from flooding or flood damages. This section shall not create liability on the part of the Township of Middletown, any officer or employee thereof or the Federal Insurance Administration, for any flood damages that result from reliance on this section or Chapter or any administrative decision lawfully made thereunder.
