§ 244-50. MT Multifamily Zone.

A. Permitted principal uses of buildings and structures are as follows:

(1) Community residences for the developmentally disabled. [Amended 3-10-2003 by Ord. No. 4-03]

(2) Community shelters for victims of domestic violence. [Amended 3-10-2003 by Ord. No. 4-03]

(3) Multifamily dwellings at a gross density not to exceed six dwelling units per acre and a net density not to exceed 10 dwelling units per acre, subject to the provisions of this chapter.

(4) Attached single-family dwelling units at a gross density not to exceed six dwelling units per gross acre and a net density not to exceed 10 dwelling units per acre, subject to the provisions of this chapter.

(5) Municipal parks, playgrounds and other such municipal buildings and uses as are deemed appropriate and necessary by the Township Committee.

(6) Federal, state, county and other public buildings and grounds, including public schools, parks, playgrounds or other public recreational uses or areas; excluding, however, workshops, warehouses, garages and storage yards.

(7) Private or parochial schools not operated for profit; except, however, that public and private colleges or universities shall not be permitted.

(8) Raising of horses and other livestock.

(9) Essential services.

(10) Family day-care home.

B. Permitted accessory uses of buildings and structures are as follows:

(1) Fences and walls, subject to the provisions of § 244-190.

(2) Off-street parking, subject to the provisions of this section and §§ 244-197 and 244-198. [Amended 6-8-1998 by Ord. No. 15-98]

(3) Pump houses, which are directly used for the maintenance and operation of a swimming pool serving a multifamily development.

(4) Satellite dish antennas, subject to the provisions of § 244-165.

(5) Sheds strictly for the storage of materials and equipment which are directly used for the maintenance of the buildings and grounds of a multifamily development. Private residential sheds shall not be permitted.

(6) Signs, subject to the provisions of § 244-207.

(7) Swimming pools for residents of the multifamily development and their guests, subject to the provisions of § 244-216. Private residential swimming pools shall not be permitted.

(8) Other customary accessory uses and buildings, which are clearly incidental to the principal use and buildings.

C. Conditional uses, subject to the provisions of Article VIII of this chapter, are as follows:

(1) Churches and places of worship (§ 244-115).

(2) Home occupations (§ 244-121).

(3) Public utilities (§ 244-128).

D. Area, yard and building minimum requirements for MF Zoning District are as follows:

E. Buffer areas.

(1) Each and every parcel of land included in an application for development under the provisions herein shall provide for a proper buffer along the front, rear and side perimeter boundary lines along the tract. Said buffer shall be measured from the perimeter boundary line of the tract or from the future right-of-way of any existing or proposed dedicated public street. The front and side yard buffer shall be a minimum of 50 feet, and the rear yard buffer shall be a minimum of 75 feet. In the case of a corner parcel fronting on two streets, the fifty-foot front yard buffer shall be measured along both street frontages. However, where a proposed multifamily development adjoins an existing detached single-family dwelling unit or a single-family residential zoning district, the minimum side and rear yard tract buffer shall be 100 feet, provided that the minimum front yard tract buffer to an existing street shall be 50 feet. Any and all buffers required herein shall not contain the area needed to satisfy the setback or distance between building requirements of this chapter for the interior developed portion of the tract. Buffers shall be provided in addition to all bulk standards and criteria.

(2) Buffer areas shall be developed in an aesthetic manner for the primary purpose of screening views and reducing noise perception beyond the lot. Buffer widths shall be measured horizontally and perpendicularly to lot and street lines. No structure, except as otherwise provided herein, activity, storage of materials, decks, patio or parking of vehicles shall be permitted in a buffer area. The location and design of buffers shall consider the use of the portion of the property being screened; the distance between the use and the adjoining property line; differences in elevation; the type of buffer, such as dense planting, existing woods, a wall or fence; buffer height; buffer width; and other combinations of man-made and natural features. The buffer shall be designed, planted, graded, landscaped and developed with the general guideline that the closer a use or activity is to a property line or the more intense the use, the more effective the buffer area must be in obscuring light and vision and reducing noise beyond the lot.

(3) The preservation of all natural wooded tracts shall be an integral part of all plans and may be calculated as part of the required buffer area, provided that the growth is of a density and the area has sufficient width to serve the purpose of a buffer, as determined by the Planning Board.

(4) All buffer areas shall be planted and maintained in accordance with the requirements of § 244-193.

F. Building length. No principal building, when viewed from any elevation, shall be greater than 200 feet in length.

G. Courtyards. Courtyards bounded on three or more sides by wings of the same building or by the walls of separate buildings shall have a minimum court width of three feet for each one foot in height of the tallest building or building wing.

H. Distances.

(1) Distances between principal buildings. The minimum distances between principal buildings shall be as follows:

(a) Any building side wall to side wall shall have a minimum distance of 30 feet between the midpoint of said side walls and/or a minimum distance of 25 feet between the side wall corners.

(b) Any building side wall to front or rear building walls shall be a minimum distance of 40 feet between the midpoint of said walls and/or a minimum distance of 30 feet between the side wall building corner and front or rear wall building corner.

(c) Any front-to-rear, front-to-front or rear-to-rear building wall shall have a minimum distance of 50 feet between the midpoint of said walls and/or a minimum distance of 40 feet between the building wall corners.

(2) Distance between principal buildings and access driveways or internal roadway. No multifamily dwellings shall be located closer than 30 feet to the curbline of any access driveway or internal roadway.

(3) Distance between principal buildings and parking areas. No principal building shall be located closer than 20 feet to the curbline of any parking area, except for access aisles or driveways to garages and/or carports which are attached to principal buildings, where the minimum distance shall be 25 feet.

I. Garages and/or carports.

(1) Garage and/or carport parking spaces to be counted toward meeting off-street parking requirements shall comply with the provisions of §§ 244-197 and 244-198. In addition, the driveway to the garage and/or carport spaces is adjacent to and accessible from an access aisle or internal roadway. [Amended 6-8-1998 by Ord. No. 15-98]

(2) Garages and/or carports, when not attached to a principal building, shall not be located any closer than 30 feet to any principal building.



J. Homeowners' association.

(1) A homeowners' association organized under the Nonprofit Corporation Act of the State of New Jersey shall be established for the purposes of owning and assuming ownership and maintenance responsibilities for the common open space and common property designed within a multifamily development, pursuant to state statutes.

(2) The homeowners' association of a multifamily development shall be responsible for the following:

(a) Snowplows;

(b) Snow removal;

(c) Solid waste storage, collection, disposal and recycling; and

(d) The replacement, repair and maintenance of all private utilities, streetlighting, internal roadway improvements, access drive and parking lot improvements, curbs, sidewalks, landscaping, common open space and recreation facilities and equipment.

K. Improvements. Unless specified otherwise herein, all public and private improvements on the site of a multifamily development shall comply with the standards, criteria and requirements of this chapter.

L. Landscaping. Landscaping within a multifamily development in an MF District shall be provided in accordance with the requirements of § 244-193.

M. Laundry equipment. No outside area or equipment shall be provided for the hanging or outside airing of laundry in any manner.

N. Lighting. All interior development roads, parking areas, dwelling entranceways and pedestrian walks within a development in the MF District shall be provided with sufficient illumination to minimize hazards to pedestrians and motor vehicles utilizing the same, but in no case shall such lighting be less than is required to provide a minimum lighting level of five-tenths horizontal footcandle throughout such areas from dusk to dawn. Lights shall be shielded to avoid glare disturbing to occupants of the buildings and shall be so arranged as to reflect away from all adjoining properties.

O. Open space and recreation. Every tract of land developed in the MF Residential Zoning District shall include common open space and active and passive recreation facilities in accordance with the following:

(1) A minimum of 40% of the gross tract acreage shall be dedicated to public and/or private use for active and passive open space and recreational purposes and for common open space.



(2) Lands used or deeded to public agencies for roads, streets or utilities, including utility easements, shall not be defined as common open space. However, bodies of water located within the tract may be counted as common open space.

(3) All lands set aside for open space shall be developed with active and passive recreational facilities to service the needs of the future resident population. The municipal agency shall have complete and final determination as to the adequacy, usefulness and functionalism of the lands set aside for open space.

(4) There shall be a close visual and physical relationship between open space and dwelling units. Open space areas shall be an integral part of the development and shall be located to best suit the purpose(s) for which they are intended.

(5) Every parcel offered to and accepted by the Township shall be clearly indicated on the final plat by metes and bounds and conveyed by deed at the time that final plat approval is granted. Such acceptance is subject to any conditions the Township may impose. Said deeds shall contain restrictions stating to what use(s) such land(s) shall be restricted.

(6) Any lands offered to the Township shall be subject to approval by the governing body after review and recommendation by the municipal agency. The municipal agency shall be guided by the Master Plan, the ability to assemble and relate such lands to an overall plan, the accessibility and potential utility of such lands and such existing features which may enhance or detract from the intended use of the lands. The municipal agency may request an opinion from other agencies or individuals as to the advisability of accepting any lands to be offered.

(7) Any lands dedicated for open space purposes shall contain appropriate covenant and deed restrictions approved by the municipal agency which ensure that:

(a) The open space area will not be further subdivided in the future.

(b) The use of the open space area will continue in perpetuity for the purpose(s) specified.

(c) Appropriate provisions are made for the maintenance of the open space areas.

(8) Undeveloped open space, standards for determination.

(a) All common open space shall be either undeveloped open space or developed open space. Undeveloped open space shall generally be left in its natural state. To qualify as undeveloped open space, the land shall include, wherever feasible, natural features such as wetlands, streams, brooks, wooded areas, steep slopes and other natural features of scenic and conservation value. The developer may be required to plant trees or make other similar landscaping improvements when the natural cover is inadequate.

(b) There shall be no developments of any kind of undeveloped open space land except the following:

[1] Footpath.

[2] Jogging trails.

[3] Bicycle path.

[4] Nature walk.

[5] Nature preserve.

[6] Ecological area.

[7] Buffer.

[8] Body of water.

[9] Trees, shrubs and other plantings.

[10] Lighting and retaining walls and other features necessary to protect the land or people who will use the land.

(9) Developed open space; standards for determination.

(a) Developed open space is intended to serve the active and passive recreation needs of the residents of the community. Developed open space differs from undeveloped open space in that the former requires regular maintenance for the upkeep of equipment and/or vegetation. In no case shall any part of the developed open space be of such size and shape as to be unsuited for the intended use.

(b) All lands set aside for developed open space shall be developed with active and passive recreational facilities to service the needs of the future resident population. The municipal agency shall have complete and final determination as to the adequacy, usefulness and functionalism of the lands set aside for open spaces.

(c) Permitted uses; ponds and lakes.

[1] The following are permitted uses of developed open space land: sitting areas, play fields, game courts, playgrounds, tot lots, tennis courts, swimming pools, bath houses, community centers, garden plots for use of residents, jogging/exercise courses, bikeways, etc.

[2] To encourage the retention or creation of ponds and lakes for aesthetic and/or recreational purposes, 20% of the area of any ponds or lakes may be counted, upon request of the applicant, as developed open space.

(d) Swimming pools shall be required in multifamily developments and shall comply with the provisions of § 244-216.

(e) Developed open space shall be provided at the rate of 250 square feet of developed active recreation space per dwelling unit.

(f) Outdoor play equipment shall be installed in each recreation area in sufficient amount and variety to service the dwelling units of the multifamily development.

(10) All recreation space to be provided in accordance with the above shall be located within convenient walking distance of the dwelling units it is intended to serve.

(11) The sectioning or phasing plan for the development shall show that 250 square feet of recreation space have been provided for each dwelling unit in a section. Additionally, developed open space and recreational facilities shall proceed at the same rate as development of the dwelling units.

(12) The municipal agency may require a developer to make certain site preparation improvements to open spaces. The municipal agency may provide that said site preparation improvements are made a part of the plan and are noted therein. The same may include the following:

(a) Removal of dead trees or diseased trees.

(b) Thinning of trees or other growth to encourage more desirable growth.

(c) Removal of trees in areas planned for ponds, lakes or active recreational facilities.

(d) Grading and seeding.

(e) Improvement or protection of the natural drainage system by the use of protective structures.

(13) Wherever possible, all the following land areas and features shall be preserved as undeveloped open space:

(a) Wetlands and floodplain areas, as defined by Township ordinance, state statute or regulation.

(b) Areas containing significant clusters of trees.

(c) Lands with slopes of more than 15%.

(d) Lands with seasonal high water tables of less than 24 inches.

P. Parking.

(1) Parking shall be provided in accordance with §§ 244-197 and 244-198. [Amended 6-8-1998 by Ord. No. 15-98]

(2) Parking along all internal streets, driveways and parking lot aisles within a multifamily development shall not be permitted. "No Parking" signs shall be posted at regular intervals along such areas at the developers expense.

Q. Sectionalization and staging plan. A sectionalization and staging plan for the construction of all development shall be submitted as part of the preliminary site plan application and shall show the following:

(1) The anticipated date for commencing construction of each section or stage. The staging of development on the site shall be such that if development of the site were discontinued after the completion of any stage, the developed portion of the site would comply in all respects to the requirements of this chapter and be provided with adequate drainage and utility systems.

(2) Those improvements that will be completed in each stage prior to application for certificate of occupancy. The plan should demonstrate that the staging of construction will minimize adverse effects upon occupied buildings on the site and adjoining properties.

R.Sidewalks and aprons. Sidewalks and aprons shall be provided in accordance with the provisions of §§ 244-203 and 244-204 and shall be designed and constructed as part of an integrated sidewalk system within a multifamily development. [Amended 6-8-1998 by Ord. No. 15-98]

S. Solid waste storage.

(1) Solid waste storage shall be provided in accordance with the provisions of § 244-208.

(2) The preliminary and final site development plans of a development shall illustrate the method of refuse collection and shall note the locations of refuse areas, in addition to the size, height and type of screening for same.

(3) Solid waste storage, collection and disposal shall be the responsibility of the homeowners' association.

(4) Separate collection bins, located in accordance with the requirements of § 244-208, shall be provided for the collection of recyclable materials.

T. Streets, internal.

(1) All streets with a development in a MF Zoning District shall be provided in accordance with the requirements of §§ 244-210, 244-211 and 244-212. [Amended 6-8-1998 by Ord. No. 15-98]

(2) No street, driveway, parking aisle or parking area located within a development in an MF Zoning District shall have a name which will duplicate or so nearly duplicate so as to be confused with the names of any other existing public or private street located within the Township of Jackson. All street names shall be subject to the approval of the municipal agency.

U. Dwelling units.

(1) Unit elevations. Each dwelling unit and combined complex of dwelling units shall have a compatible architectural theme with variations in design to provide attractiveness to the development, which shall include consideration of landscaping techniques, building orientation to the site and to other structures, topography, natural features and individual dwelling unit design, such as varying unit widths, staggering unit setbacks, providing different exterior materials, changing rooflines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, color and vertical or horizontal orientation of the facades, singularly or in combination for each dwelling unit.

(2) Unit offset. Not more than two consecutive dwelling units in the same building shall be constructed without setbacks, offsets and/or breaks in the front and rear building elevations of at least four feet.

(3) Unit storage. Each dwelling unit shall contain a minimum of 200 cubic feet of storage space within the walls of said unit. In addition to storage which may be provided inside individual units in a multifamily-building, there shall be provided 200 cubic feet, per dwelling unit, of storage where personal effects and belongings may be stored. Such storage shall be conveniently located and be capable of being locked and separate from the belongings of other occupants.

(4) Unit width. Each dwelling unit shall have a minimum width of 18 feet.

V. Utilities.

(1) All dwelling units in the project shall be served with public water, sanitary sewers and underground electric, telephone and cable television services. One cable television connection shall be provided for each building.

(2) All dwelling units and clubhouse/community buildings shall be connected to an approved and functioning public water supply system and sanitary sewer system prior to the issuance of any certificate of occupancy.

(3) All utilizing lines leading to and within the site of a multifamily development shall be installed underground.