After reviewing the matter for a mere few minutes, and despite no notice to the public that they would be reviewing this ordinance amendment tonight, Jackson Township's Planning Board tonight unanimously endorsed Ordinance 14-23 which the Township Council introduced last week to lighten the property area and setback requirements currently imposed on Houses of Worship in the Township.
Ernest Peters, Board Planner, told the Board "this is a proactive ordinance as we recognize that there is a need to provide for Houses of Worship within certain distances to homes within Jackson Township.
"If we take the proactive approach of setting forth criteria that provides reasonable opportunities which would be in accordance with good planning principles then the governing body will be ones who are setting the one set of rules which everyone needs to follow," Peters added.
The New Jersey Municipal Land Use Law requires Planning Boards to review introduced land use ordinances for consistency with the Township's Master Plan. In accordance with this law, a Board member asked Mr. Peters if this introduced Ordinance is indeed consistent with the Township's most recent Master Plan.
Mr. Peters responded, "in my perspective, this is in accordance with the Master Plan because everything evolves. Back then there was no need to provide standards for Houses of Worship within certain distances to homes within the Township, and now we recognize that there is this need."
No members of the public asked to speak up regarding the Board's review of the introduced Ordinance, which makes sense given the fact that the Board did not include this ordinance review on their public agenda for tonight.
Under the Township's current zoning ordinances, houses of worship are permitted as a conditional use in the R1, R2, R3, R5, R9, R15, R20, PMURD, MF, MUNC, HC and NC zones provided that the lot, use and structures shall adhere to the following:
Lots shall not have their primary frontage or access on a residential access or residential neighborhood street or any lower order street, as defined by the Residential Site Improvement Standards.
The required minimum lot area shall be two acres.
The required minimum lot width shall be 200 feet.
The required minimum lot frontage shall be 200 feet.
No principal building shall be located closer than 100 feet to any public street right-of-way and no closer than 50 feet to any rear or side property line.
No accessory building or structure shall be permitted in any front yard, nor shall any accessory building or structure be located closer than 30 feet to any rear or side property line.
The maximum permitted building coverage shall be 25%.
Perimeter buffer. A landscaped buffer shall be required around the entire length of side and rear property lines, except where access drives or other accessory features must, of necessity, traverse this reserved strip. The minimum landscape buffer widths shall be as follows: From a nonresidential use or district: 25 feet. From a residential use or district: 50 feet. A required buffer shall be landscaped with trees, shrubs, and other suitable plantings for beautification and screening. Natural vegetation should be retained to the maximum degree possible. On those sites where no existing vegetation is present or existing vegetation is inadequate to provide screening, the applicant shall suitably grade and plant the required buffer area, such that this planting shall provide an adequate screen of at least six feet in height so as to continually restrict the view. A minimum on-center distance between plantings shall be such that upon maturity the buffer will create a solid screen. The buffer may be supplemented with a fence of solid material where necessary.
Other site standards. The front yard, exclusive of walkways, pavilion areas, or driveways, shall be landscaped with grass, trees, shrubs, ground cover, flowers, existing vegetation, or any suitable combination thereof. Plantings shall conform, however, to restrictions on corner lot placement, in order to protect visibility.
Under the introduced amended ordinance, houses of worship will also be permitted as a conditional use in the R30, RG2, and RG3 zones.
Houses of worship will be permitted to include a social (banquet) hall for hosting events related and ancillary to the practice of religion, a mikvah (which may be part of the shul building or a principal use in a freestanding building), and a parsonage house or dwelling unit for the religious leader (it is unclear whether this will be permitted only as part of the shul building or even in a separate freestanding building).
In the R1, R2, R3, R5, R20, R30, RG2, RG3, HC, NC, PMURD, MUNC and MF zones:
As in the existing ordinance, lots shall not have their sole frontage or access on a residential access or residential neighborhood street or any lower order street, as defined by the Residential Site Improvement Standards.
In a NC or HC zone a house of worship is permitted on a local street.
The required minimum lot area shall be one acre.
The maximum building height of any principal structure shall be 35 feet.
Bulk Standards for houses of worship on lots between one and two acres:
The required minimum lot width shall be 150 feet or the requirement of the zone, whichever is greater.
(It appears that the existing minimum lot frontage will be eliminated).
Minimum Lot Depth: 200’ or the requirement of the zone, whichever is greater
Minimum Front Yard: 60’
Minimum Side Yard (each): 20’
Minimum Rear Yard: 50’
Maximum building coverage: 20% of the gross lot area or the maximum permitted in
the zone, whichever is greater
Maximum lot coverage: 70% of the gross lot area
Parking shall be permitted in the front yard provided parking is set back 15 feet from the
public street right-of-way. Parking located within a front yard shall be screened from
the adjacent right-of-way with a hedgerow or closely grouped cluster of plantings that
shall be maintained at a height of no less than 20” and no greater 30”. In no event
shall screening interfere with sight triangles.
Parking area, circulation drive and/or accessory structure setback to any side or rear property line adjacent to a residentially zoned property shall be 10 feet.
Parking area and circulation drive setback to any side or rear property line adjacent to
commercially or industrially zoned properties shall be 3 feet.
A decorative, solid six 6 foot fence and and/or natural vegetative buffer of a
minimum width of 5’ shall be provided along all parking, circulation drives and
structures adjacent to residential zones or properties improved with residential uses.
Bulk Standards for houses of worship on lots two acres or greater:
The required minimum lot width shall be 200 feet.
The required minimum lot frontage shall be 200 feet.
No principal building shall be located closer than 100 feet to any public street right-
of-way and no closer than 50 feet to any rear or side property line.
No accessory building or structure shall be permitted in any front yard, nor shall any accessory building or structure be located closer than 30 feet to any rear or side
property line.
The maximum permitted building coverage shall be 25%.
Buffer requirements:
Perimeter buffer. A landscaped buffer shall be required around the entire length of
side and rear property lines, except where access drives or other accessory features
must, of necessity, traverse this reserved strip. The minimum landscape buffer widths
shall be as follows:
i. From a nonresidential use or district: 25 feet.
ii. From a residential use or district: 50 feet.
A required buffer shall be landscaped with trees, shrubs, and other suitable plantings
for beautification and screening. Natural vegetation should be retained to the
maximum degree possible. On those sites where no existing vegetation is present or
existing vegetation is inadequate to provide screening, the applicant shall suitably
grade and plant the required buffer area, such that this planting shall provide an
adequate screen of at least six feet in height so as to continually restrict the view. A
minimum on-center distance between plantings shall be such that upon maturity the
buffer will create a solid screen. The buffer may be supplemented with a fence of
solid material where necessary.
Other site standards. The front yard, exclusive of walkways, pavilion areas, or
driveways, shall be landscaped with grass, trees, shrubs, ground cover, flowers,
existing vegetation, or any suitable combination thereof. Plantings shall conform, however, to restrictions on corner lot placement, in order to protect visibility.
Located in the R9 or R15 district:
Houses of worship must have the primary frontage on a local road or a road of a higher order, as
defined by the Residential Site Improvement Standards. Houses of worship shall not be located
mid-block and shall be situated on a corner lot.
The required minimum area of the lot or tract is the minimum lot area for the zoning district or 20,000 square feet, whichever is greater.
The maximum building height of any principal structure shall not exceed 35 feet.
Bulk Standards:
Minimum Lot Width: 80 feet or the requirement of the zone, whichever is greater
Minimum Lot Depth: 120 feet or the requirement of the zone, whichever is greater
Minimum Front Yard: 30 feet
Minimum Side Yard (each): 10 feet
Minimum Rear Yard: 30 feet
Maximum building coverage: 35% of the gross lot area
Maximum lot coverage: 70% of the gross lot area
Parking shall be permitted in the front yard provided parking is set back 15 feet from the public
street right-of-way. Parking located within a front yard shall be screened from the adjacent
right-of-way with a hedgerow or closely grouped cluster of plantings that shall be maintained
at a height of no less than 20” and no greater 30”. In no event shall screening interfere with
sight triangles.
Parking area, circulation drive and/or accessory structure setback to any side or rear property
line adjacent to a residential use or zone shall be 10 feet.
Parking area and circulation drive setback to any side or rear property line adjacent to commercially or industrially zoned properties shall be 3 feet.
A decorative, solid 6 foot fence and and/or natural vegetative buffer of a minimum width
of 5 feet shall be provided along all parking, circulation drives and structures adjacent to a
residential use or zone.
Bulk standards and design criteria for Mikvah:
For a freestanding Mikvah as a principal use on a lot, the required minimum area of the lot or tract
is the minimum lot area for the zoning district or 20,000 square feet, whichever is greater.
Square Footage: Mikvahs shall be limited to 2,000 gross square feet in floor area and 4 changing
rooms in the R1, R2, R3, R5, R9, R15, R20, R30, RG2, RG3, PMURD, MUNC and MF zone
districts. Mikvahs in the HC and NC zone districts shall not be subject to the floor area or changing
room limitation.
The maximum building height of any principal structure shall not exceed 35 feet.
Mikvah’s serving as accessory to a House of Worship shall not have any additional parking
requirement beyond that of the House of Worship itself. In zones where Mikvahs are permitted as
a principal use, the parking requirement shall be 1 parking space per changing room plus 1
parking space per 400 square feet of associated reception or office space.
Bulk standards for a Mikvah as a freestanding principal use shall be as follows:
Maximum building coverage: 25% of the gross lot area or the maximum allowed in
the zone, whichever is greater.
Maximum lot coverage: 70% of the gross lot area.
Parking shall be permitted in the front yard provided parking is set back 15
feet from the public street right-of-way. Parking located within a front yard shall be
screened from the adjacent right-of-way with a hedgerow or closely grouped cluster of
plantings that shall be maintained at a height of not less than 20” and no greater than 30”. In no event shall screening interfere with sight triangles.
Parking area, circulation drive and /or accessory structure setback to any side or rear
property line shall be 10 feet.
Parking area, circulation drive and/or accessory structure setback to any side or rear
property line adjacent to commercially or industrially zoned properties shall be 3 feet.
A decorative, solid 6 foot fence and and/or natural vegetative buffer of a minimum
width of 10’ shall be provided along all parking, circulation drives and structures
adjacent to residential zones or properties improved with residential uses. The
landscaping shall consist of a staggered row of Juniper (Juniperus), Arborvitae (Thuja),
and/or Eastern redcedar (Juniperus virginiana) (or other non-invasive species of
plantings substantially similar in size and character) spaced no greater than 5 feet on
center.
As previously reported here on FAA News, a review of the introduced Ordinance shows that many future shul applications may still require variances from the Zoning Board - something that shul applicants have been trying at all costs to avoid. The Planning Board includes Chairman Tzvi Herman, Mordy Bernstein, and Shimshi Heller, however, the Zoning Board includes James Hurley, Raymond Lovacco, and Jeanine Kaunitz Fritch, and now, Gregg Staffordsmith as well.
Use Variances which are for non-permitted uses, can only be granted by the Zoning Board "in particular cases for special reasons." When the use is permitted, then the application is heard by the Planning Board. If the application conforms to all the bulk requirements, including the minimum lot area, then the application is deemed fully conforming and the Planning Board technically can not deny the application. If the application does seek variances from the bulk requirements then the Planning Board can deny the application unless the applicant can testify that the application advances the purposes of the Municipal Land Use Law and that the benefits of the granting a deviation from the zoning requirements significantly outweighs any detriments.
However, there is also a third, mid-way category, known as a Conditional Use. Fully conforming conditional use applications are presented to the Planning Board. Conditional Use applications with bulk variances, however are required to be presented to the Zoning Board.
Herein is the catch - shuls in Jackson are currently only permitted as a Conditional Use, and under the amended Ordinance they will remain permitted only as a Conditional Use. Therefore, any new shul applications which seek bulk variances will still be required to seek relief from the Zoning Board.
(For example, the Whitesville Road shul application required a waiver from the Zoning Board to permit a 25 foot buffer where a 50 foot buffer is required. Under the amended Ordinance, applications for such relief would still require Zoning Board approval.)
Additionally, it is possible that this Ordinance may be used to permit higher density residential development as homes which include a "house of worship" in one of the rooms may now be permitted with the higher density this new zoning ordinance is intended to provide as an accommodation only for houses of worship. By way of example, single family homes are currently permitted in the R2, R3, and R5 zones at 1 unit per 2 acres, 1 unit per 3 acres, and 1 unit per 5 acres, respectively. Under the introduced amended ordinance, a "house of worship with a residential home" would be permitted on 1 acres. To be fair though, this ordinance does not permit houses of worship in these zones on lots with primary frontage or access on a residential access or residential neighborhood street or any lower order street.
The only opportunity for public comments regarding the proposed Ordinance will be at the Council's scheduled public hearing and final reading on the Ordinance which is scheduled for next Thursday, April 13, which is on Pesach.
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