A. Establishment, authentication, maintenance and revisions of Zoning Map and schedule.
(1) Zoning Map. The location and boundaries of the districts of the borough are hereby established as shown on the Zoning Map of the Borough of Shrewsbury, New Jersey, which is attached hereto and is hereby made a part of this chapter, together with all notations, references and designations shown thereon.
(2) Schedule. A schedule of area, yard and building requirements for zone districts within the Borough of Shrewsbury is hereby established and is attached hereto and is hereby made a part of this chapter, together with all notations, references and designations shown thereon.
(3) Authentication of Zoning Map and schedule. Subsequent to the adoption of this chapter and any revisions to the Zoning Map and schedule of area, yard and building requirements, copies of the Zoning Map and schedule shall be referenced by ordinance number and date of adoption.
(4) Maintenance of the Zoning Map and schedule. Authenticated copies of the Zoning Map and schedule shall be maintained in the office of the Borough Clerk and Zoning Officer and shall be made available for public reference. Copies of all or a part of the official Zoning Map may be reproduced for public distribution. One authenticated copy shall be forwarded to the Monmouth County Planning Board in accordance with § 94-3.13 and N.J.S.A. 40:55D-16. However, the copy of the official Zoning Map maintained in the office of the Borough Clerk shall be the final authority as to the current status of zoning districts in the Borough of Shrewsbury.
(5) Revisions to the Zoning Map and schedule.
(a) When, in accordance with the provisions of § 94-3.10 this chapter and of N.J.S.A. 40:55D-1 et seq., revisions are made in district boundaries or other matters portrayed on the Zoning Map and changes or revisions are made to the schedule, such changes will not become effective until the Zoning Map has been amended, with an entry bearing the date of adoption, ordinance number, a brief description of the change(s) and the name of the person responsible for the Zoning Map or schedule change.
(b) Each ordinance amending the Zoning Map or schedule in any manner shall include the provision that it shall not take effect until the Zoning Map or schedule has been amended in accordance with these provisions.
(c) No changes of any nature shall be made to the Zoning Map or schedule except in conformity with the above procedure. Any unauthorized changes to the Zoning Map or schedule contents by any person or persons shall be considered a violation of this chapter.
(1) Zone district boundaries are intended to follow street. railroad, lot or property lines or other natural lines, such as the center line of watercourses, ditches or lagoons, unless such district or zone boundaries are fixed by dimension on the Zoning Map or by description, and shall include contiguous riparian lands subsequently acquired and/or filled, and lands acquired by the accretion or stream diversion by natural causes.
(2) In constructing the Zoning Map, the following rules shall apply:
(a) Boundaries indicated as following the center lines of streets, highways or alleys or streams, rivers or other bodies of water shall be construed to follow such center lines.
(b) Boundaries indicated as approximately following plotted lot lines shall be construed as following such lot lines.
(c) Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
(d) Boundaries indicated as parallel to or extensions of features indicated in Subsection B(2)(a) through (c) above shall be so construed. Distances not specifically indicated on the Zoning Map shall be determined by the use of the scale appearing thereon.
(e) Where a zone boundary fixed by dimensions approximately follows and is not more than twenty (20) feet distant from a lot line, such lot line shall be construed to be the zone boundary.
A. The Borough of Shrewsbury is hereby divided into districts as follows:
B. The regulations set forth in this chapter for each district shall be minimum regulations and shall apply uniformly to each class of structure or land within the district, except as hereinafter provided.
C. No building shall hereafter be erected and no existing building shall be moved, altered, added to or enlarged. nor shall any land or building or portion of a building to be used, designed or arranged to be used for any purpose unless in conformity with all of the regulations herein specified for the district in which is it located.
D. Every main building shall be located on a lot as defined in this chapter.
E. No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet the minimum requirements established by this chapter.
F. For the purpose of this chapter, uses and structures in each district shall conform to the standards of §§ 94-8.25, Off-street loading; 94-8.26, Off-street parking; and 94-8.34, Signs; which standards shall apply uniformly to each class of structure or land within the district. Development applications not conforming to the aforementioned sections shall require a variance or variances pursuant to this chapter and N.J.S.A. 40:55D-1 et seq.
A. Any use not specifically listed as a permitted use, an- accessory use or a conditional use shall be deemed a prohibited use. This provision shall be liberally construed as protective of the zoning scheme, and any doubt shall be resolved in interpreting the doubtful use as prohibited.
B. The following uses and activities are specifically prohibited in any zone in the Borough of Shrewsbury.
(1) All billboards, signboards, advertising signs and devices not expressly related to the business being conducted on the premises or otherwise specifically permitted by this chapter.
(2) Auction markets.
(3) Outdoor sales of new or used motor vehicles.
(4) Junkyards, automobile wrecking yards or disassembly yards or the sorting of scrap metal. paper, rags or other scrap material.
(5) Yards for the sale of lumber and other such building materials. This provision shall not apply to the sale of materials from a building on the site of which it is being torn down.
(6) Adult bookstores, peep shows or related stores.
(7) Aviation fields, including heliports.
(8) Massage parlors.
(9) Gasoline, filling and service stations.
(10) Restaurants or other eating or refreshment places, including but not limited to lunch wagons, diners, road stands or any food-dispensing establishments which permit or provide facilities for the consumption of food out of doors on their premises.
(11) Fuel storage, other than facilities for use on the premises.
Regulations controlling the R-1, R-2, R-3, R-4, R-4.5 and R-5 Residential Zone Districts shall be as follows:
A. Permitted uses.
(1) A single detached house used as a residence by not more than one (1) family.
(2) Farms and agricultural purposes. No storage of manure or other odor- or dust-producing substances or use shall be permitted within one hundred (100) feet of any property line.
(3) Borough parks, playgrounds and other such municipal buildings and uses as are deemed appropriate and necessary by the Borough Council.
(4) Other public buildings of a governmental or cultural nature, provided that such buildings shall be located on a lot minimum of forty-five thousand (45,000) square feet in the R-1 Zone and twenty-two thousand five hundred (22,500) square feet in the R-2, R-3, R-4, R-4.5 and R-5 Zone.
(5) Fairs, bazaars, carnivals, rummage sales, Christmas tree sales and similar functions or fundraising activities sponsored and conducted by any nonprofit religious, charitable, philanthropic organization or any public service organization, such as volunteer fire company, first aid squad or parent teacher association, provided that such function or activity is limited to a period not exceeding two (2) weeks' duration.
(6) Trailers of contractors actively engaged in construction work, provided that said trailers are located on the project and are removed immediately upon the completion of said construction.
B. Permitted accessory uses.
(1) Private garages, subject to the provisions of § 94-8.19.
(2) Family day care serving three (3) or fewer children. [Amended 12-13-1993 by Ord. No. 670]
(3) Other customary accessory uses and buildings, subject to § 94-5.8 of this chapter, provided that such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any such accessory building or use shall be located on the same lot as the principal building.
(4) Customary farm buildings for the storage of products or equipment located on the same parcel as the principal uses.
(5) Signs, subject to the provisions of § 94-8.34.
(6) Fences and hedges, subject to the provisions of § 94-8.16.
(7) Off-street parking, subject to the provisions of § 94-8.26.
C. Conditional uses, subject to the provisions of Article IX of this chapter.
(1) Places of worship.
(2) Cemeteries.
(3) Educational uses.
(4) Public utilities.
(5) Community residences for the developmentally disabled.
D. Standards and regulations shall be in accordance with the schedule referred to in § 94-10.1 and a part of this chapter.
Regulations controlling the R-1A Residential Zone District shall be as follows:
A. Permitted uses: same as § 94-10.4A for the R-1 Residential Zone District.
B. Permitted accessory uses: same as § 94-10.4B.
C. Conditional uses: same as § 94-10.4C.
D. Standards and regulations shall be in accordance with the schedule referred to in § 94-10.1 and further that a cluster option may be granted within an area designated as R- 1A on the Zoning Map in accordance with the additional provisions of Subsection E below.
E. R-1A Single-Family Residential Zone (cluster option). Within the R-1A Single-Family Residential Zone, the R-1 Zone regulations shall apply to conventional development or subdivision. In addition, the cluster option may be approved by the Planning Board with the following standards:
(1) For purposes of calculating gross tract density, the developable tract area shall not include any areas within the one-hundred-year floodplain area as designated by the Federal Insurance Rate Maps, New Jersey Department of Environmental Protection floodplain maps on file with the Environmental Commission or calculated flood-prone areas as approved by the Borough Engineer. A conventional subdivision schematic, excluding the areas noted above, shall be submitted to the Planning Board for review to determine the maximum number of dwelling units based upon the R-1 Residential Zone District standards. The Planning Board shall determine the maximum number of units which the applicant may utilize for the cluster option.
(2) Cluster developments shall be based upon a design layout which will provide that all proposed lots abutting existing lots of twenty-two thousand five hundred (22,500) square feet or more shall be equal to or larger than such existing lots but need not be greater in area than the lots required within the R-1 Zone District. All such lots shall conform to the R-1 Zone District standards. The remaining developable tract area may be designed in accordance with the R-2 Zone District standards.
(3) Cluster developments shall be designed to preserve and protect sensitive environmental features, including wetlands, flood-prone areas, marshes, significant wooded areas, areas with shallow depth to water table and other sensitive environmental features which may be identified from the Environmental Commission Natural Resources Inventory Maps, the New Jersey Department of Environmental Protection Coastal Management Policies or field surveys by the applicant and/or Environmental Commission in accordance with §§ 94-5.13 and 94-5.27 of this chapter.
(4) Flood-prone and other sensitive environmental areas shall be protected from future development through conservation easements or other forms of legal restriction preventing construction and/or development other than that agreed to by the Borough Planning Board and Borough Council within designated sensitive environmental areas.
(5) All cluster development lots shall provide for deed restrictions which will prevent further subdivision for a period of not less than thirty (30) years.
(6) The applicant shall provide an environmental impact statement in conformance with requirements of New Jersey Department of Environmental Protection CARFA Rules and Regulations and the Borough of Shrewsbury Environmental Commission.
(7) The applicant shall provide soil borings taken between December 31 and April 1 to determine soil types, seasonal depth to high-water table and subsurface hydrological profiles in accordance with requirements and under the supervision of the Borough Engineer in accordance with § 94-6.8B(23).
(8) The applicant shall provide a right-of-entry authorization to the property under consideration for the Planning Board, Environmental Commission, Borough Engineer and their agents and consultants.
(9) All reasonable costs for review of cluster options, boring data and environmental data by the borough and its consultants shall be paid for by the applicant to an escrow account to be established and maintained by the Planning Board for each application. Upon final approval, any remaining escrow account funds shall be refunded to the applicant.
F. [Added 11-13-1995 by Ord. No. 708; amended 8-3-1998 by Ord. No. 751] R-1A Single Family Residential Planned Senior Citizen Development_ Option. Within the R-1A Single Family Residential Zone, the planned senior citizen development option may be approved by the Planning Board with the following requirements:
(1) Coordinated development plan.
(a) The planned senior citizen development option shall provide for a coordinated development plan for all contiguous parcels in the development tract and shall include the area designated on the zoning map as R-1B and contiguous parcels in the R-1A zone under the same ownership or control.
(b) The coordinated development plan shall provide for but not be limited to coordinated vehicular and pedestrian access and circulation, utilities, storm water management, common open space and common open space ownership by a Homeowners Association unless the subdivision option provided in Section 94- 10.6A(5A) pertaining to the property located in the R-1B zone is elected, recreation facilities and such other facilities as are necessary to develop and maintain the development as a coordinated development.
(c) Architectural design of buildings, the design of signage street lighting, landscaping and pedestrian ways shall be coordinated to present a unified appearance for the entire development.
(d) Upon approval of the coordinated development plan, the development tract need no longer remain under the same ownership or control, provided agreements, covenants and restrictions as are necessary or required to establish the extent of the obligations of all owners within the development tract for the maintenance of the open space areas within the General Development Plan tract and the utilities, roadways, and other common facilities within and used in connection with the General Development Plan tract are entered into and duly recorded.
(e) The planned senior citizen development option shall include personal care amenities which shall be available to residents in both the R-1A and R-1B areas of the development.
(f) The minimum tract area shall consist of sixty-five (65) contiguous acres within the R1A zone and all the land in the R-1B zone.
(2) Age of residents. Residents in said planned senior citizen development shall conform with the age requirements as defined in "planned senior citizen development" in this chapter.
(3) Uses permitted.
(a) Single-family detached dwellings; and/or
(b) Attached single-family dwelling units within the same building, hereinafter referred to as a "multiple dwelling," but no more than six such units in any one building; and/or
(c) Multi-Family Dwelling Units in accordance with provisions of Section 94-10.6A(4), Senior citizen residential developments or assisted living facilities or residences in accordance with the provisions of Section 94-10.6A(5), to be located within the area designated as R-1B on the Zoning Map.
(d) Recreational and cultural facilities for the sole use of the residents of the development and their guests, including the following: clubhouse, shuffleboard courts and picnic grounds as specifically enumerated hereinafter. Recreational and cultural facilities shall not be limited to the foregoing and so that an applicant may propose additional facilities with his submission. All such facilities shall be subordinated to the residential character of the area, and no advertising shall be permitted.
(e) The following uses may be permitted, but are not required:
[1] A screened unpaved, graveled area for the parking of accessory vehicles not normally utilized for transportation at a location and of such size approved by the approving agency but not to exceed one (1) parking space for every five (5) dwelling units. Such area shall not be used in computing common open space.
[2] A screened area reserved for storage and care of maintenance equipment of the development not to exceed five thousand (5,000) square feet.
[3] A guard- or gate house at the main entrance not to exceed two hundred (200) square feet and not to exceed sixteen (16) feet in height.
[4] Garden plots, including raised beds (16 inches to 20 inches), for use by residents.
[5] A greenhouse, including raised beds (16 inches to 20 inches), for use by residents.
[6] Pet walkways.
(f) Model homes and/or sales office in accordance with N.J.S.A. 40:55D-66 and any retail home decoration and furnishings sale facility operated by the developer solely for the use of purchasers of dwelling units therein.
(g) Accessory uses. Accessory uses provided in Section 91-10.4B, including necessary accessory buildings and uses, utilities, facilities for street and off-street parking facilities and personal care amenities, but excepting family day care servicing three ( 3) or fewer children as would otherwise be permitted under Section 94- 10.4B(2).
(h) Prohibited uses. All other uses shall be prohibited, including, without limitation, all dwelling units not part of the site development plan submitted by the applicant.
(4) Development standards. No building permits shall be issued or construction commenced within the planned development except in accordance with a general development plan herein described. Such general development plan shall meet at least the following minimum requirements:
(a) Minimum area. The minimum area for a planned senior citizen development shall be sixty-five (65) contiguous acres under one (1) ownership or control within an R-1A Zone and the area zoned as R-IB on the Zoning Map.
(b) Density and housing unit distribution. There shall be no more than two and one-half (2.5) dwelling units per gross acre for the entire tract included in the general development plan. Notwithstanding the permitted densities, a planned senior citizen development shall not have more than one and sixty-seven/one hundredths (1.670) units per acre in the R-1A portion of the site and not more than twelve and one-half (12.5) housing units per acre in the R-1B portion of the site.
(c) Residential building and impervious surface coverage. Not more than fifteen percent (15%) of the gross tract area shall be covered by residential buildings, and not more than thirty-five percent (35%) of the site shall be covered by impervious surface.
(d) Common open space. Not less than fifty percent (50%) of the gross tract area shall be devoted to common open space as defined in N.J.S.A. 40:55D-2 -which shall not be developed with buildings or impervious surfaces. All common open space shall conform to N.J.S.A. 40:55D-43.
(e) Residential development shall be designed as a unified development in the R-1A and R-1B Zoning Districts west of Route 35 and south of Sycamore Avenue.
(f) Setbacks.
[1] No building or structure shall be located closer than twenty-five (25) feet from an access way, provided that all driveways fronting on said accessway shall be twenty-five (25) feet or more in length.
[2] No building or structure other than entrance gates or fences shall be located within seventy- five (75) feet of any exterior boundary line of the tract abutting a residential district zone nor less than seventy-five (75) feet along a nonresidential zone district or railroad right-of-way. The setback area may include any required buffer strip as provided herein.
[3] No building shall be located closer than fifteen (15) feet from a parking lot.
(g) Distance between single-family detached and single-family attached residential buildings.
[1] There shall be a minimum distance of twenty (20) feet between the sides of single family detached structures.
[2] For single-family attached structures oriented essentially at 90' degrees to each other, the minimum distance between the same shall be thirty (30) feet.
[3] For single-family attached structures oriented essentially end-to-end to each other, the minimum distance between the same shall be fifty (50) feet.
(h) Off-street parking. Off-street parking shall conform with Section 94-8.26.
(i) Lighting. Lighting shall be provided on the premises and installed at street intersections and parking areas and at such other places as the Planning Board may require in accordance with the lighting standards in this chapter.
(j) Accessways.
[1] Accessways shall be constructed in accordance with Section 94-8.30, Roadway construction, of this chapter, except as follows:
[a] Minor accessways shall have a paved roadway width of thirty (30) feet.
[b] Collector accessways shall have a paved roadway of thirty-six (36) feet, and the foregoing measurements shall exclude curb.
[c] Major accessway with public streets. A major accessway, not to Sycamore Avenue, shall be provided and shall be designed to provide for emergency access in the event of an accident, construction or other temporary blockage of the roadway or a portion of the roadway. The accessway shall be divided where practicable with each cartway not less than 22 feet in width with mountable-type curbing to help provide for emergency access.
[dl Curbs shall be constructed in accordance with § 94-8.11, Curbs and gutters, of this chapter.
[el Emergency access, separate from the major accessway, shall be provided.
[2] Provisions shall be made for the permanent maintenance of private roadways located within a planned senior citizen development in accordance with N.J.S.A. 40:67-23.3 pertaining to maintenance of roadways, lighting, etc.
[3] Culs-de-sac of minor accessways and minor collector accessways shall have a minimum curb radius in accordance with § 98-8.40.
[4] There shall be no parking on any of the major accessways.
[5] Residential courts shall provide a minimum curb diameter of 40 feet and further provided that each unit shall have a minimum parking area of two spaces a minimum of 10 feet by 21 feet outside of the forty-foot-diameter curb.
(k) Sidewalks shall conform to the requirements of § 94-8.33 and shall be installed along the minor and collector accessways and the major accessway on both sides within the development. Additional sidewalks may be required by the Planning Board to create a unified system of pedestrian circulation within the development and interconnecting to adjacent development, including shopping, park and municipal facilities.
(1) Buffer strip. There shall be provided a fifty-foot screening strip when the development abuts a nonresidential zone or use, a state or county highway or railroad right-of-way and a twenty- five-foot buffer when the development abuts a residential zone or use. Said buffer strip may be included within any required setbacks.
(m) All on-site and off-site drainage shall be provided for in accordance with the borough requirements and applicable borough regulations.
(n) Water and sewerage facilities. Sewerage disposal and water distribution systems, including fire hydrants, shall be approved by the Borough Engineer, applicable utilities authority, the Department of Environmental Protection and all other applicable bodies. No building permit shall be issued unless and until plans for such facilities have been submitted to the proper authority for approval and adequate provisions are made to ensure that all necessary facilities shall be installed. All such facilities shall be so constructed as to facilitate their connection to systems which may be provided by the applicable utility.
(o) Driveways, walks and parking areas. There shall be provided a safe and convenient system of driveways, walks and parking areas. Due consideration shall be given in planning walks, ramps and driveways consistent with applicable Americans With Disability Act (ADA) design standards.
(p) Maximum building height for single-family detached or attached dwelling buildings in a planned senior citizen development shall conform to the requirements of the R-1A Zoning District. Maximum building height for multifamily structures within the R-1B portion of the site shall conform to the height requirements of the R-1B Zoning District.
(q) The Planning Board may grant design waivers from the requirements of this chapter and permit landscaped islands in the center of cul-de-sacs, provided that their maintenance and upkeep is not the responsibility of the borough.
(r) The Planning Board may grant design waivers from the requirements of this section to vary minimum distances between residential buildings by not more than ten percent (10%) consistent with sound planning concepts where the plan provides for comparable privacy for affected residential uses.
(s) A planned senior citizen development shall provide at least one (1) clubhouse to serve the entire development with a total habitable area equal to ten and one-half (10.5) square feet for each dwelling unit to be built in the development. In computing the "interior habitable area," all space reserved for mechanical equipment and storage shall be excluded. A multi-purpose recreation room facility shall also be provided within the multi-family development or assisted living residence in the R-1B Zone. Such room and facilities shall be open to all residents of the planned senior citizen development. The initial clubhouse shall be completed and in operation before fifty percent (50%) plus one (1) dwelling unit has been completed and a Certificate of Occupancy issued thereupon. Said clubhouse shall have an adjoining parking area so as to comply with Section 94-8.26, Off-Street Parking with a minimum of one (1) twenty-five (125) square feet of total habitable area of the clubhouse.
(t) Recreation areas shall comply with Section 948.28 of this chapter.
(5) Outdoor recreation areas.
(a) Outdoor recreation facilities, including walkways, picnic areas and nature trails, shall be provided and available to all planned development residents. Walkways shall include resting benches spaced an average of one hundred fifty (150) feet where the walkways are used primarily for walking exercises. Other outdoor facilities may include a swimming or wading pool, shuffleboard courts and other facilities which are consistent with a senior citizen residential population.
(b) Recreational facilities shall be attractively landscaped, with appropriate walkways. An irrigation system shall be provided where grassed recreation areas occur.
(c) Should topographic conditions or particular soil conditions permit, the applicant may, as part of the recreation area, provide a lake for aesthetic purposes, fire protection as well as water recharge and water retention purposes.
(6) The Planning Board may require the prospective developer of a planned development to file a report of financial qualifications, prepared by a recognized auditing firm, and such other documentation deemed necessary by the Board, to determine the developer's capability of completing the proposed development as part of its findings for a planned senior citizen development in accordance with N.J.S.A. 40:55D-45.
