It shall be the purpose of this article to promote
health, safety, morals and general welfare; prevent the overcrowding
of land and buildings; avoid undue concentration of population; provide
adequate light and air, with reasonable consideration to the character
of the zone and its peculiar suitability for particular uses, and
with the objective of conserving the value of property and encouraging
the most appropriate use of land throughout the Township.
A.
Zones. The land within the Township is hereby divided
into the following zones:
|
R-10 One-Family, Residential (10,000 square
feet minimum)
| |
|
R-11 One-Family, Residential (11,250 square
feet minimum)
| |
|
R-15 One-Family, Residential (15,000 square
feet minimum)
| |
|
R-20 One-Family, Residential (20,000 square
feet minimum)
| |
|
R-120 Residential (3-acre density)
| |
|
R-120-CR Residential, Commercial and Recreational
| |
|
SFA Single-Family Attached
[Added 11-8-1984 by Ord. No. 27-1984] | |
|
B-1 Neighborhood Business
| |
|
B-2 Highway Business
| |
|
B-2B Highway Business
[Added 12-3-1992 by Ord. No. 23-1992] | |
|
R-L Research Laboratory and Office
| |
|
PB-1 Professional and Business Office (1/2 acre
minimum)
| |
|
PB-2 Professional and Business Office (3 acres
minimum)
| |
|
PB-3 Professional and Business Office (50 acres
minimum)
[Added 12-14-1982 by Ord. No. 31-1982] | |
|
I-3 Light Industry (3 acres minimum)
| |
|
I-1 Light Industry (1 acre minimum)
| |
|
P Public
| |
|
CEM Cemeteries
| |
|
HD/OCI Highway Development/Office, Commercial,
Industrial (Hartz)
[Added 11-21-1989 by Ord. No. 14-1989] | |
|
RAH-1 Residential Affordable Housing District
(Nike)_
[Added 11-21-1989 by Ord. No. 14-1989] | |
|
RAH-4 Residential Affordable Housing Zone
[Added 6-13-1996 by Ord. No. 13-1996; amended 5-15-1997 by Ord. No. 17-1997] | |
|
R-10/CSAH Residential Affordable Housing District
(Dixon)
[Added 11-21-1989 by Ord. No. 14-1989; amended 11-21-1989 by Ord. No. 19-1989_] | |
|
RMF Residential Multi-Family [Block 42, Lots 37, 38, and 41
(also known as 100 and 112 Deforest Avenue and 188 River Road)]
[Added 8-5-2019 by Ord. No. 11-2019] | |
|
RMF-2 Residential Multi-Family
[Added 7-6-2020 by Ord. No. 4-2020 | |
|
SED (Special Economic Development) Industrial
District
[Added 12-3-1992 by Ord. No. 24-1992] |
B.
Zoning Map.[1] The aforesaid zones are hereby established by designations, locations and boundaries thereof as set forth and indicated on the Zoning Map, entitled "Zoning Map, Township of East Hanover, Morris County, New Jersey," dated July 2020, prepared by the Township Planner, Maser Consulting. Said Zoning Map is hereby incorporated into and made a part of this article.
[Amended 12-14-1982 by Ord. No. 31-1982; 10-2-2017 by Ord. No. 11-2017; 10-5-2020 by Ord. No. 6-2020]
[1]
Editor's Note: See also the Table of Zoning Map Amendments, included at the end of this chapter.
C.
Zone boundaries. Where uncertainty exists as to any
of said boundaries as shown on said map, the following rules shall
apply:
(1)
Zone boundary lines are intended to follow the center lines of streets, railroad and utility line rights-of-way, streams and lot or property lines as they exist on plats of record at the time of the passage of this chapter, unless such zone boundary lines are fixed by dimensions as shown on the Zoning Map.
(2)
Where such boundaries are not fixed by dimensions
and where they approximately follow lot lines and where they are not
more than 10 feet distant therefrom, such lot lines shall be construed
to be such boundaries unless specifically shown otherwise.
(3)
In unsubdivided land and where a zone boundary divides
a lot, the location of such boundary, unless the same is indicated
by dimensions shown on the map, shall be determined by the use of
the scale appearing thereon.
A.
Deemed part of article; minimum requirements.
(1)
The schedule of requirements entitled "Schedule of Area Requirements, Zoning Ordinance of the Township of East Hanover, which is attached hereto,[1] applying to the yards and other open spaces to be provided
contiguous thereto and all other matters contained therein, as indicated
for the various zones established by this article, is hereby declared
to be a part of this article.
[Amended 8-27-1981 by Ord. No. 21-1981]
[1]
Editor's Note: The Schedule of Area Requirements is included at the end of Article VII.
(2)
The requirements listed for each zone as designated,
reading from left to right across the schedule, are hereby prescribed
for such zones, subject to the other provisions in this article, and
shall be deemed to be the minimum requirements in every instance of
their application.
A.
No building shall hereafter be erected and no existing building shall be moved, structurally altered, added to or enlarged, rebuilt nor shall any land be designed, used or intended to be used for any purpose other than those purposes permitted in this article. Nor shall any open space contiguous to any building be encroached upon or reduced in any manner except in conformity to the yard, lot area, building location, percentage of lot coverage and such other regulations designated in the schedule appended hereto, constituting a part of § 95-45 of this article, for the zone in which such building is located. In the event of any such unlawful encroachment or reduction, such building or space shall be deemed to be in violation of the provisions of this article and the certificate of occupancy for such building shall thereupon become null and void.
B.
Every principal building shall be built upon a lot
with frontage upon a public street, and there shall be no accessory
structure without a principal structure on a lot.
[Amended 12-3-1992 by Ord. No. 23-1992; 11-13-1997 by Ord. No. 48-1997]
(1)
No residential lot shall have erected upon it more
than one residential building.
(2)
Except as otherwise herein provided, a nonresidential
lot shall not have erected upon it more than one principal structure.
This provision shall not apply to:
(b)
Lots located within the Business B-2 Zone and
B-2B Highway Business Zone, if such lots conform to the following
conditions:
[Amended 7-12-2004 by Ord. No. 24-2004]
[1]
All structures built on any lot in the Business
B-2 Zone or the B-2B Highway Business Zone shall be of nonresidential
use.
[2]
The minimum lot area shall not be less than
five acres.
[3]
There shall be highway frontage of at least
400 feet.
[4]
The separation between principal buildings shall
be a minimum of 40 feet. A greater separation may be required, if
necessary, by the Board having jurisdiction over an application for
development for the construction of storm drainage, water, sanitary
sewer and other utilities and for primary access and traffic circulation.
[5]
Lot coverage of all buildings constructed on
the lot shall not exceed 30% of the total area of the lot.
[6]
Minimum setback distances from the front, side
and rear lot lines shall meet zone requirements.
[7]
Any substantial subdivision shall take place
only on the basis of one principal use on the lot with provisions
for all required area, frontage and setback requirements.
(3)
A nonresidential lot shall only have uses of structures permitted thereon in accordance with the appropriate zoning designation on the Zoning Map.
C.
Off-street parking space and garage space shall be provided with
necessary passageways and driveways. All such space shall be deemed
to be required space on the lot on which the same is situated and
shall not thereafter be encroached upon or reduced in any manner.
No permanent parking facilities shall be permitted within 20 feet
of any street line in a zone. There shall be provided not less than
one garaged parking space for each dwelling unit in a residential
zone, and no commercial registered vehicle owned or used by an occupant
of the dwelling, in excess of 3,000 pounds (load capacity as determined
by manufacturer's payload specifications), shall be parked outdoors
overnight in any residential zone.
[Amended 8-27-1981 by Ord. No. 21-1981; 4-3-2018 by Ord. No. 3-2018]
D.
Where a lot is formed from part of a lot already occupied by a building,
such separation shall be effected in such a manner as not to impair
any of the requirements of this article with respect to the existing
building and all yards and other open spaces in connection therewith.
No permit shall be issued for the erection of a new building on the
new lot thus created unless it complies with all the provisions of
this article.
[Amended 4-3-2018 by Ord.
No. 3-2018]
E.
Accessory structures, private garages, and portable on-demand storage
structures.
[Amended 7-1981 by Ord. No. 21-1981; 7-10-2000 by Ord. No.
19-2000; 5-9-2005 by Ord. No. 9-2005; 7-10-2006 by Ord. No. 11-2006; 8-8-2011 by Ord. No. 6-2011; 10-2-2017 by Ord. No. 9-2017; 4-3-2018 by Ord. No. 3-2018; 8-6-2018 by Ord. No.
9-2018]
(1)
Accessory structures.
(a)
Detached accessory structures shall be located to the rear of
the front building line of the principal structure and shall comply
with the provisions of the schedule governing their location in each
zone.
(b)
No more than two detached accessory structures are permitted
on a single-family residential property. For the purposes of this
section, pools are not to be counted in the maximum number of accessory
structures.
(2)
Private garages and driveways. The following standards apply to all
private garages and driveways associated with detached single-family
residential buildings in all zoning districts:
(a)
Attached garages.
[1]
Attached garages are to be considered part of the principal
building to which they are attached and shall comply with the provisions
of the schedule governing the location of the principal building in
each zone.
[2]
Front-loaded garages shall be limited to two vehicles. Side-loaded
garages, i.e., having the vehicle doors face a side line, may contain
up to three vehicles.
[3]
Both front-loaded garages and side-loaded garages are to be
considered part of the principal building and must adhere to all required
yard setbacks applicable to the principal building.
(b)
Detached garages.
[1]
Detached garages are to be considered accessory structures and
shall be included in the calculation of the number of and coverage
by accessory structures; and shall comply with the setback provisions
for accessory buildings.
[2]
While maintaining the required setbacks for accessory buildings,
detached garages shall be placed to the rear of the principal building
and located in a manner that maintains access to and use of the rear
yard, provides adequate space to maintain the garage, and lessens
the visual impact on neighboring residential properties.
[3]
The ground floor area of a garage shall not exceed 30% of the
ground floor area of the principal building or 1,000 square feet,
whichever is less.
[4]
The pitch of a garage roof should, to the greatest extent possible,
match the pitch of the roof on the principal residential building,
but in no case shall the garage exceed 15 feet or 1 1/2 stories in
height.
(c)
All garages.
[1]
Garages shall not accommodate more than three vehicles or have
more than three vehicle doors. All vehicle doors on a garage shall
be the same height. Garage doors shall contain elements such as panels
and windows to reduce the apparent size of the door(s).
[2]
Where garages are required pursuant to the minimum parking standards
of any residential zone, the elimination of said garage through demolition
or conversion to habitable living space shall be offset with a new
attached or detached garage space. No required garage space shall
be eliminated without replacement.
(d)
Driveways.
[1]
Driveways shall have a maximum width of 22 feet. However, parcels
with a lot frontage of 75 feet or greater may have the lesser of the
following: a maximum driveway width that is 30% of the lot frontage
or 30 feet. Said width shall be along any point of the driveway from
the street to the garage or to a turn or turnaround area, if applicable.
The dimensions of the turn/turnaround area shall be approved by the
Township Engineer.
[2]
The amount of impervious coverage in the area between the front
wall of the principal building and the front property line between
the two side lines shall be limited to a maximum of 40% of said area.
[3]
Driveways shall be set back at least four feet from an adjoining
property line. The setback area shall be suitably landscaped. When
side-loaded garages face a residential property, appropriate landscaping
or fencing shall be provided along the adjoining property line to
buffer the impact of headlights and vehicle exhaust on the adjoining
property, and to prevent vehicles from overhanging or otherwise encroaching
on the adjoining property.
[4]
No more than one driveway is permitted per lot. Circular driveways
- that is, a single driveway with a maximum of two curb cuts or access
points - shall be permitted where a minimum separation between the
two access points of at least 50 feet is provided. Driveways on a
corner lot shall only access one street, and the curb cut shall be
located at least 30 feet from the intersection of the right-of-way
lines. The maximum width of a curb cut shall be 24 feet.
[5]
Driveway permits, for a fee of $50, shall be obtained for all
driveway construction and subject to approval by the Township Engineer.
[6]
Driveways shall be constructed to provide sight distances conforming
to the standards set forth within "A Policy on Geometric Design of
Highways and Streets," published by the American Association of State
Highway and Transportation Officials, except that in performing the
analysis, the location of the driver's eye shall be 15 feet behind
the curb line or edge of pavement. Within the established sight triangle,
there shall be no hedge, tree stand, fence or wall higher than three
feet, nor any obstruction to vision other than a post, column or tree
not exceeding in cross section one square foot or one foot in diameter
between a height of three feet and 10 feet above the established grade
of the street or driveway at its point of intersection with the street.
(3)
Portable on-demand storage.
(a)
A portable on-demand storage structure may be utilized as a
temporary accessory structure within the Township's residential zones
when in compliance with the standards of this section. Any use of
such structures within the Township not in compliance with this subsection
shall be unlawful and subject to fines and penalties as permitted
under the Township Code.
(b)
Use of a portable on-demand storage structure shall only be
permitted where a temporary zoning permit has been issued by the Zoning
Officer.
[1]
Applications for a temporary zoning permit for the use of a
portable on-demand storage structure shall be submitted with a hand
sketch showing the location of the portable on-demand storage structure
on a site plan, survey, or lot diagram, and detailing the distance
of such unit from other buildings, trees, fire hydrants, Fire Department
connections and/or utilities; and a permit fee of $25 to review the
temporary zoning permit.
[2]
All portable on-demand storage structures shall be placed in
driveways adjacent to the principal structure, no closer than four
feet to the side yard and no closer than 15 feet to the front yard
property line. No portable on-demand storage structure shall block
any sight triangles.
(c)
Delivery and pickup of structures. A portable on-demand storage
structure may be delivered or picked up between the hours of 7:00
a.m. and 6:00 p.m. during weekdays and between the hours of 9:00 a.m.
and 6:00 p.m. during the weekends and on federal holidays.
(d)
Length of time structures may be on property; extensions.
[1]
A portable on-demand storage structure may be located as a temporary
structure on property within the Township for a period not exceeding
30 days in duration from time of delivery to time of removal, with
the right to one thirty-day extension, if deemed necessary and appropriate
by the Zoning Officer.
[2]
Where a building permit has been issued for the property, the
portable on-demand storage structure may be located as a temporary
structure on property for a period not exceeding six months, with
the right to one thirty-day extension if deemed necessary and appropriate
by the Zoning Officer.
[3]
Extensions beyond those permitted above may be granted by the
Township Council. The property owner seeking said extension must apply
to the Council at the same time the thirty-day extension is applied
for.
(e)
No portable on-demand storage structure located within the Township
shall contain flammable, combustible, toxic or hazardous materials.
F.
A building attached to the main building shall comply
in all respects with the requirements of this article applicable to
the main building.
G.
When the rear yard of a corner lot adjoins the front
yard of a lot to the rear, no building on such corner lot shall be
located nearer to the street line of the street on which the lot to
the rear faces than a distance equal to the depth of front yard required
on such lot to the rear.
H.
Accessory and incidental uses.
(1)
Nothing in this article shall be deemed to prohibit
the following accessory and incidental uses in addition to those specified
in this article:
(a)
Customary recreational and service uses and
buildings in a public park, playground or other public recreational
area, incidental to the recreational use of such area.
(b)
Excavation for construction of a building on
the same lot.
(c)
Water mains, pumps, valves and hydrants; electric
conductors, wires and supporting structures, transformers, switches
and substations; manholes, ducts, cables, vaults and vents for any
public utility use.
(2)
Each of the accessory and incidental uses specified
in this subsection shall be deemed to be a permitted use in every
zone.
I.
If the average alignment (as defined in § 95-3A) of existing structures differs from the front yard requirements of the schedule, all new structures shall provide a front yard equal to such average alignment.
J.
Where a property line of a nonresidential use abuts the boundary of a residential zone, the adjacent strip of property in such nonresidential zone and no less than 10 feet in width shall be utilized as a buffer area in accordance with the specifications set forth in § 95-37B(5) unless waived by the appropriate municipal board at the time of site plan application. A screening or hedge or other natural landscaping consisting of four-foot-high evergreen plants in two rows five feet apart and with plants five feet apart in each row may be substituted for the planting referred to above if approved by the Planning Board.
[Amended 8-27-1981 by Ord. No. 21-1981]
K.
In Residence R-20, R-15 and R-10 Zones, the minimum frontage at the street line specified in the Schedule of Area Requirements, Zoning Ordinance of the Township of East Hanover, dated November 1, 1976, and attached hereto, shall be increased by 25 feet in the case of corner lots which abut the following streets: River Road, Ridgedale Avenue, South Ridgedale Avenue, Mt. Pleasant Avenue, Hanover Road, Troy Road, Eagle Rock Avenue and DeForest Avenue.
L.
The raising, breeding or keeping of horses and ponies,
except in the R-120 Zone on a minimum size lot of 10 acres, is hereby
prohibited.
M.
Any and all fences erected shall not be more than
six feet in height, except where a lesser height is required by this
Code, and the finished side, as designated by the Construction Office,
shall face out, i.e., toward adjoining properties.
[Amended 7-10-2000 by Ord. No. 19-2000; 8-7-2006 by Ord. No. 19-2006]
(1)
When a wall or fence is installed on top of a berm,
railroad tie wall or other similar structure or mounding, the height
of the fence shall include the height of the berm, retaining wall
or other mounding which is at a higher elevation than the predominant
grade of the property on which the fence is located, as determined
by the Zoning Officer. No fence installed on top of a berm, wall,
mounding, or other structure shall exceed four feet in height, measured
from the bottom of the structure to the top of the fence, unless the
fence is located three or more feet from the face of the structure,
then the height is calculated separately for the structure and the
fence.
[Amended 10-7-2019 by Ord. No. 13-2019]
(2)
The yard requirements of this chapter shall not be
deemed to prohibit the following types of otherwise lawful fences
and walls.
(a)
A fence, not exceeding six feet in height, across
the rear lot line of the property and along the side lot lines from
the rear lot line to a point equal to the front line of a dwelling
if the same were extended to said side line, and across the dwelling
line extended to the side line. For the purpose of corner lots, the
street frontage that the front door of a dwelling faces shall be treated
as a front yard and the street frontage not faced by the front door
shall be treated as a side yard. In no instance shall a six-foot-tall
fence be installed between the front door façade and the right-of-way.
[Amended 7-1-2024 by Ord. No. 07-2024]
(b)
A front yard fence not exceeding 48 inches at
its highest point and not less than 50% open, such as picket fences
and post and rail fences, but in no instance shall a front yard fence
be made of chain link or similar materials. A "front yard fence" is
defined as any fence that is on a residential property between the
plane of the facade of the residence and the property line. (Note:
On many streets the property line is not the edge of pavement but
at some point off said edge of pavement. Fences are not permitted
in the right-of-way which is the area between the property line and
the edge of pavement.) For the purpose of corner lots, the street
frontage that the front door of a dwelling faces shall be treated
as a front yard and the street frontage not faced by the front door
shall be treated as a side yard.
[Amended 7-1-2024 by Ord. No. 07-2024]
(c)
A fence, not exceeding six feet in height, shall
be permitted along residential property lines adjacent to and parallel
with a county road regardless of the yard designation. However, said
fence shall not obstruct any sight line as required pursuant to municipal,
county or state ordinance/regulation as well as the sight distance
requirements pursuant to the American Association of State Highway
and Transportation Officials manual.
[Amended 10-7-2019 by Ord. No. 13-2019]
(3)
The horizontal members of fences shall be of the same
material composition as the vertical members and shall be no wider
nor of greater diameter than the vertical members and in no case shall
be wider than nor have a diameter greater than six inches
(4)
The use of barbed wire, razor wire or similar shall
not be permitted on any fence or atop any wall, except for walls or
fences where the use of such is required by state or federal statute
or regulation.
(5)
Fences and/or walls which impede the natural flow
of drainage across property lines are prohibited.
N.
Any use which is not specifically permitted under
the appropriate zone designation is thereby prohibited, and, in addition,
certain uses are specifically prohibited in each zone.
O.
For a period of 50 years from the date of completion
of sanitary sewer construction known as Phases 1, 2 and 3 within the
Township, no sewer hookup or other connections to the sewage collection
system included in the scope of the Township's grants from the United
States Environmental Protection Agency will be allowed or permitted
so as to allow the discharge of wastewater from any building, facility
or other construction on any parcel of land within the one-hundred-year
floodplain as defined by the United States Department of Housing and
Urban Development (HUD), or any area mapped as wetlands in accordance
with the requirements of the New Jersey Wetlands Act of 1970, which
land parcel as of September 7, 1979, was undeveloped (i.e., upon which
no building, facility or other construction had been erected or placed).
The affected parcels are contained in Table 1, Land Parcels Within
Floodplain Wetlands Areas, in a report entitled "Flood Plain/Wetlands
Mapping," dated April 1980, prepared by Van Note -- Harvey Associates.
The affected parcels are delineated on the maps entitled "Floodway
and Wetlands - Superimposed on Tax Map, Township of East Hanover,"
revised September 17, 1979, by Van Note -- Harvey Associates.
[Added 3-19-1981 by Ord. No. 3-1981]
Q.
Corner sight clearance. On every corner lot within
the triangle formed by the property lines on such lot and a line drawn
between points on such lines at the distance from their intersection
specified below, there shall be no fence or wall higher than three
feet, nor any obstruction to vision other than a post, column or tree
not exceeding in cross section one square foot or one foot in diameter,
between a height of three feet and 10 feet above the established grade
of either street.
[Added 7-10-2000 by Ord. No. 19-2000]
R.
Yards. Setback requirements for all yards shall be
measured from the property line to the foundation of the building.
[Added 7-12-2004 by Ord. No. 25-2004]
(1)
Ground story and bay windows or balconies may project
not more than three feet into a required front or rear yard or into
any side yard which is more than six feet wide.
(2)
An open porch or entranceway not exceeding one story
may project into any required side yard, provided that it does not
come nearer to the side lot line than a distance equivalent to 10%
of the width of the lot and provide further that no open porch or
entranceway shall be required by this section to be more than 10 feet
from a side lot line.
(3)
An open porch or entranceway not exceeding one story
may project into the minimum required front yard setback a distance
of not more than five feet.
[Amended 7-1-2024 by Ord. No. 07-2024]
(4)
Wooden decks and decks with a roof, awning or trellis
attached to a principal dwelling may encroach into a rear or side
yard not more than 50% of the minimum side or rear yard requirement
for the principal building; provided, however, that in no event shall
such deck extend closer than either the minimum setback requirement
for accessory structures in the respective zone district or six feet,
whichever is greater. Wooden decks with a roof, awning or trellis
must be open on three sides to qualify for this reduced setback.
[Amended 7-1-2024 by Ord. No. 07-2024]
(5)
Cornices and eaves may not project more than two feet
over any required yard.
(6)
Sills, leaders, belt courses and similar ornamental
or structural features may project not more than six inches into any
required yard.
(7)
A chimney may project not more than three feet into
any required yard.
(8)
A fire escape or open fire balcony may project into
a required yard not more than four feet.
(9)
The requirements of this subsection shall not apply
to any necessary retaining wall or steps associated therewith.
S.
Second floor additions. A bulk variance from a yard setback is not
required when the construction of a second floor addition is proposed
to be located over an existing approved first floor footprint of a
single-family residential home.
[Added 11-4-2015 by Ord.
No. 10-2015]
T.
Market-rate
multifamily dwelling units shall not have more than two bedrooms.
[Added 11-7-2022 by Ord. No. 9-2022]
[Added 11-8-1984 by Ord. No. 32-1984; amended 11-3-1988 by Ord. No. 17-1988]
The following uses shall be prohibited uses
within all zones within the Township of East Hanover:
A.
Refuse transfer stations.
B.
Composting.
C.
Heliports/helistops.
D.
Sex clubs and massage parlors.
[Added 11-9-1995 by Ord. No. 31-1995]
E.
Tattoo parlors.
[Added 11-9-1995 by Ord. No. 31-1995]
F.
Short-term
rentals.
[Added 10-5-2020 by Ord. No. 5-2020]
(1)
ADVERTISE or ADVERTISING
CONSIDERATION
DWELLING or DWELLING UNIT
HOSTING PLATFORM
HOUSEKEEPING UNIT
OCCUPANT
OWNER
PERSON
RESIDENTIAL OCCUPANCY
SHORT-TERM RENTAL
Definitions. As used in this subsection, the following terms
shall have the meanings indicated:
Any form of solicitation, promotion, and/or communication
for marketing, used to solicit, encourage, persuade, or manipulate
viewers, readers, or listeners into contracting for goods and/or services
in violation of this subsection, as same may be viewed through various
media, including, but not limited to, signs, newspapers, magazines,
flyers, commercials, radio, direct mail, internet websites, or text
or other electronic messages for the purpose of establishing occupancies
or uses of property, for consideration, which are prohibited by this
section.
Soliciting, charging, demanding, receiving, or accepting
any legally recognized form of consideration, including a promise
or benefit, a quid pro quo, rent, fees, other form of payment, or
thing of value.
A building or portion thereof, whether furnished or unfurnished,
which is occupied in whole or in part, or intended, arranged, or designed
to be occupied, for sleeping, dwelling, cooking, gathering, and/or
entertaining, as a residential occupancy, by one or more persons.
This definition includes an apartment, condominium, building, single-family
home or portions thereof that are offered to be used, made available
for use, or are actually used for accommodations, lodging, cooking,
sleeping, gathering and/or entertaining of occupants and/or guest(s)
for consideration.
A website or marketplace in whatever form, whether online
or not, which facilitates short-term rentals or the rental of the
exterior (e.g., pool, pool area, backyard) of a residential unit through
advertising, searching, matchmaking, or any other means, using any
medium of facilitation and from which the operator of the hosting
platform derives revenues, including but not limited to booking fees
or advertising revenue, from providing or maintaining the website
or marketplace.
Constitutes a family-type situation, involving one or more
persons living together that exhibit the kind of stability, permanency,
and functional lifestyle equivalent to that of a traditional family
unit, as further described in the applicable reported and unreported
decisions of the New Jersey Superior Court.
Any individual using, inhabiting, living, gathering, entertaining,
being entertained as a guest, or sleeping in a dwelling unit, or portion
thereof, or having other permission or possessory right(s) within
a dwelling unit.
Any person(s) who legally uses, possesses, owns, leases,
subleases, or licenses (including an operator, principal, shareholder,
director, agent, or employee, individually or collectively) one or
more dwelling units, or who has charge, care, control, or who participates
in the expenses and/or profit of a dwelling unit pursuant to a written
or unwritten agreement, rental, lease, license, use, occupancy agreement
or any other agreement.
An individual, firm, corporation, association, partnership,
limited-liability company, association, entity, and any person(s)
and/or entity(ies) acting in concert or any combination therewith.
The use of a dwelling unit by an occupant(s).
A residential occupancy for a period of less than 175 days.
(2)
Short-term rentals prohibited.
(a)
Notwithstanding anything contrary contained in the Township
Code, it shall be unlawful for a person or owner to receive or obtain
actual or anticipated consideration for using, authorizing, permitting,
or failing to discontinue the use of any dwelling unit used as a short-term
rental, as defined herein.
(b)
It shall be unlawful for a person or owner to receive or obtain
actual or anticipated consideration for using, authorizing, permitting,
or failing to discontinue the rental of all or a portion of the exterior
of any residential property. This shall include the rental of the
pool, pool area, and backyard.
(c)
Nothing in this section prevents formation of an otherwise lawful
residential occupancy of a dwelling unit for a rental period of 175
days or more.
(d)
Nothing in this section shall be deemed to prohibit the lawful
operation of any hotel as that term is defined in the New Jersey Hotel
and Multiple Dwelling Law, N.J.S.A. 55:13-1 et seq.
(3)
Permitted uses.
(a)
The residential occupancy of an otherwise lawful and lawfully
occupied dwelling unit for any number of days by any person who is
a member of the housekeeping unit of the owner or a houseguest(s),
without consideration, is permitted.
(4)
Advertising prohibited, hosting platform regulations.
(a)
It shall be unlawful for any person to advertise by any means
that would be in violation of the provisions of this section.
(b)
It shall be unlawful for any hosting platform to undertake,
maintain, authorize, aid, facilitate or advertise any short-term rentals
in violation of this section.
(c)
It shall be unlawful for any hosting platform to undertake,
maintain, authorize, aid, facilitate or advertise all or a portion
of the exterior of any residential property for rent in violation
of this section.
(5)
Violations, penalties and enforcement.
(a)
The provisions of this section shall be enforced by the Building
Code Official, Fire Official, Health Department, other subcode or
code official, as their jurisdiction may arise, including legal counsel
for the Township or other person designated by the Township Council
to issue municipal civil infractions directing alleged violators of
this section and/or to appear in court or file civil complaints.
(b)
A violation of this section is hereby declared to be a public
nuisance per se and is hereby further found and declared to be offensive
to the public health, safety, and welfare.
(c)
Any person found to have violated any provision of this section,
without regard to intent or knowledge, shall be liable for the maximum
civil penalty, upon adjudicated violation or admission, of a fine
not exceeding $1,000. Each day of such violation shall be considered
a new and separate violation of this section.
(d)
The penalty imposed herein shall be in addition to any and all
other remedies that may accrue under any other law, including, but
not limited to, eviction proceedings and/other injunction, reasonable
attorney's fees or other fees and costs, in the Township's Municipal
Court or the Superior Court of New Jersey in the vicinage of Morris
County, or in such other court or tribunal of competent jurisdiction,
by either summary disposition or by zoning or construction code municipal
proceeding.
G.
CANNABIS CULTIVATOR
CANNABIS MANUFACTURER
CANNABIS WHOLESALER
CANNABIS DISTRIBUTOR
CANNABIS RETAILER
CANNABIS DELIVERY SERVICE
All classes of cannabis establishments or cannabis distributors or
cannabis delivery services as said terms are defined in section 3
of P.L. 2021, c. 16, but not the delivery of cannabis items and related
supplies by a delivery service. Such uses include the following:
[Added 7-6-2021 by Ord.
No. 8-2021]
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers. Cannabis cultivators refers to those uses that require
possession of a Class 1 cannabis cultivator license under P.L. 2021,
c. 16, known as the "New Jersey Cannabis Regulatory, Enforcement Assistance,
and Marketplace Modernization Act."
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
Cannabis manufacturers refers to those uses that require a Class 2
cannabis manufacturer license under P.L. 2021, c. 16, known as the
"New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act."
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers. Cannabis wholesalers refers to those uses that require
a Class 3 cannabis wholesaler license under P.L. 2021, c. 16, known
as the "New Jersey Cannabis Regulatory, Enforcement Assistance, and
Marketplace Modernization Act."
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment, and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities. Cannabis distributors refers to those uses that require
possession of a Class 4 cannabis distributor license under P.L. 2021,
c. 16, known as the "New Jersey Cannabis Regulatory, Enforcement Assistance,
and Marketplace Modernization Act."
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer. Cannabis
retailers refers to those uses that require possession of a Class
5 cannabis retailer license under P.L. 2021, c. 16, known as the "New
Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act."
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service which, after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer. Cannabis delivery services refers to those uses
that require possession of a Class 6 cannabis delivery license.
H.
Any business that, as part of its operations, engages in the practice
of gifting, sharing or otherwise giving away cannabis, cannabis items
and/or related supplies. For purposes of this subsection, "gifting,
sharing or otherwise giving away" shall refer to instances in which:
(1)
Cannabis, cannabis items and/or related supplies are given away
contemporaneously with another reciprocal transaction between the
same parties;
(2)
A gift of cannabis, cannabis items and/or related supplies is
offered or advertised in conjunction with an offer for the sale of
goods or services; or
(3)
A gift of cannabis, cannabis items and/or related supplies is
contingent upon a separate reciprocal transaction for goods or services.
[Added 7-6-2021 by Ord.
No. 8-2021]
[1]
Editor's Note: Former § 95-46.2, Affordable housing,
as amended, was repealed 12-12-2019 by Ord. No. 18-2019.
[1]
Editor's Note: Former § 95-46.3, Municipal housing
liaison, was repealed 12-12-2019 by Ord. No. 18-2019.
A.
General modifications. The following modifications
are permitted under the terms and specifications herein:
(1)
Height.
(a)
The height limitations of this article shall
not apply to chimneys, church spires, gables, cupolas, standpipes,
flagpoles, monuments, transmission towers, radio or television or
other antennas as defined in Ordinance No. 36-1997,[1] cables, water tanks and similar structures and necessary
mechanical appurtenances for the zone in which the building is located,
provided that no such exception shall cover at any level more than
10% of the area of the roof or the ground on which it is located.
[Amended 11-13-1997 by Ord. No. 47-1997]
(b)
Public and institutional buildings and uses
shall decrease the setback requirements of the front, rear and side
yards by one foot for each foot by which such building exceeds the
height limit herein established for such zone in which it is located,
but in no case shall any building have a height greater than 50 feet.
(2)
Lots with insufficient street frontage. Any parcel
of land with a frontage at the street line less than that prescribed
for a lot in the zone in which such lot is which such lot is located,
which parcel of land conformed to the former lot area requirement
of minimum lot width at the setback line, may be used as a lot for
any purpose permitted in the zone, provided that:
[Amended 8-27-1981 by Ord. No. 21-1981]
(a)
Said parcel existed as a separate lot at the
date of adoption of Ordinance No. 20-1979.
(b)
The owner thereof owns no adjoining land which
would allow the criteria as to frontage at the street line to be met.
(c)
All other scheduled lot area requirements prescribed
for the zone by this article are complied with.
(3)
Yards.
[Amended 6-14-2001 by Ord. No. 22-2001]
(a)
Upon application, the appropriate municipal
board may vary the yard requirements of a lot to permit the construction
of a building in accordance with the following standards:
[1]
Front and rear yards may be reduced, provided
that they are not less than the average alignment of the front and
rear yards in existence in the same block or within 200 feet of the
lot under consideration and on the same side of the street.
[2]
Combined total side yard requirements may be
reduced by six inches for each foot a lot is less than the required
width prescribed for the zone in which such lot is located, provided
that such is deemed necessary to permit construction thereon and provided
that no principal building shall be placed nearer than eight feet
to any property line.
(b)
Where the owner of any single-family dwelling
certifies to the Zoning Official that a resident within the said dwelling
shall, because of a disability, require ramped access to the dwelling,
the ramp may encroach upon the required front or rear yard setback
1% for each foot of ramp required; provided, however, that no such
encroachment may exceed 50%; and provided further that the ramp so
constructed shall be considered a temporary accommodation, to be removed
not more than six months following the time it is no longer needed
as a result of the termination of a disability or because the disabled
person no longer resides in the dwelling; and provided further that,
because the ramp is a temporary construction, it shall not in any
way alter the setback requirement nor establish a new setback line
for any other construction. The certification required herein shall
be resubmitted on an annual basis.
(4)
Outdoor storage. Any outdoor storage or display in
the Township of East Hanover shall be permitted and governed by the
terms and provisions of this article.
(a)
BUFFER STRIP
OUTDOOR DISPLAY
OUTDOOR STORAGE APPROVAL
OUTDOOR STORAGE AREA
PUBLIC VIEW
SCREENING MAINTENANCE
SCREENING MATERIALS AND TECHNIQUES
The following terms regarding said storage and
display are defined or elaborated upon as follows:
A buffer strip of 10 feet shall be provided wherever adjacent
to a residential zone or when the outdoor storage is within the public
view as hereinafter defined.
Those goods and merchandise for retail sale, rental or awaiting
delivery pursuant to any of the permitted uses in the B-2 Zone which
are located on the lot out of doors.
All outdoor storage areas permitted in the Township of East
Hanover shall be screened from public view and shall be subject to
a site plan application, review and approval by the appropriate municipal
board.
Any area devoted to keeping or storing of goods, merchandise,
equipment, raw materials, lumber, machinery, vehicles, contractor
storage yards, containers and any similar commercial and industrial
material which is not enclosed within a building.
Visibility of an outdoor storage area from any public street,
park or other public place, any residential or commercial zone or
any permitted ground floor residential use within 200 feet of the
outdoor storage area.
Screening must be maintained in a neat, substantial and safe
condition at all times. Fences or walls must be painted or stained
unless constructed of masonry or rustproof metal or wire. Dead portions
of any live natural screening must be promptly replaced.
The screening requirements of this article may be satisfied
by the use of permanent buildings; fences of masonry, wood, metal
or woven wire; or trees, shrubbery or landscaping, separately or in
combination, of a sufficient height (not to exceed six feet in the
case of man-made fences) and density to screen the outdoor storage
area from public view. Wherever natural features or conditions or
exceptional topographical considerations presently exist, the Planning
Board or the Zoning Board of Adjustment may deem any of these factors
sufficient to meet the desired screening requirements. All outdoor
storage shall be conducted within the required screening.
(b)
Outdoor storage as defined in this subsection shall be permitted in the B-2, I-1, I-3 and R-L Zones on the Zoning Map of the Township of East Hanover. Outdoor storage shall not be permitted in a B-1 Zone on the Zoning Map of the Township of East Hanover or when a B-1 use is permitted in any other zone on the Zoning Map of the Township of East Hanover, nor in any residential or professional business zone on the Zoning Map of the Township of East Hanover.
(c)
In the I-1 and I-3 Zones on the Zoning Map of the Township of East Hanover, outdoor storage may be permitted in the rear yard and side yard only and shall be limited in area to a maximum of 50% over and above the buildable area allowed by this article.
(d)
In the B-2 Zone on the Zoning Map of the Township of East Hanover, outdoor storage may be permitted in the rear yard and side yard only when the combined building area and outdoor storage area shall not exceed 110% of the buildable area set forth in this article.
(e)
The use of outdoor storage area within the I-I and I-3 Zones on the Zoning Map of the Township of East Hanover is not restricted solely to use by the owners or, if applicable, the tenants of the principal structure, but may also be utilized by others with totally unrelated activities as long as such activities are permitted in the I-I and I-3 Zones and the provisions of this article are complied with.
(f)
The use of outdoor storage area within the B-2
Zone is restricted solely to use by the owners or tenants of the principal
structure.
(g)
In any residential zone in the Township of East
Hanover, no front yard shall be used for open storage of boats, trailers,
vehicles or equipment, except for passenger automobiles that are in
operating condition and parked on designated driveways. All open storage
areas in other yard areas must be suitable and effectively screened
from public view.
[1]
No commercial or construction vehicle in excess
of 3,000 pounds shall be parked overnight or on Sunday in any residential
zone other than in an enclosed garage, and not more than one such
vehicle may be kept within an enclosed garage on each lot.
[2]
Outdoor storage of any kind or nature, except
storage of those items customarily used in conjunction with a residential
occupancy, is prohibited in all residential zones.
(5)
Outdoor display. For the purposes of this section,
"outdoor display" is defined as those goods and merchandise for retail
sale, rental or awaiting delivery pursuant to any of the permitted
uses in the B-2 Zone which are located on the subject lot out of doors.
Outdoor display is solely limited to the B-2 Zone in the Township
of East Hanover.
(a)
Upon a site plan application and approval by
the appropriate municipal board, an outdoor display will be allowed
as a permitted accessory use to a principal use for an indefinite
period of time and shall not be required to be screened by a planting
or a fence.
(b)
Outdoor display may be permitted by the appropriate
municipal board, provided that:
[1]
All vehicles, equipment and machinery offered
for retail sale or rental are in operating condition.
[2]
Goods and merchandise displayed for retail sale
or rental must be owned by the owner, principal user or a bona fide
tenant of the principal structure.
[3]
No outdoor display shall be permitted within
10 feet of any street lines or within five feet of any side or rear
lot line.
[4]
The appropriate municipal board, upon site plan
review, must determine that the outdoor display will have no detrimental
effect on the health, safety or welfare of the general public.
(c)
Goods or merchandise within the B-2 Zone which are intended for outdoor storage of same, rather than outdoor display for purposes of sale or rental on a retail basis, as determined by the appropriate municipal board upon site plan review, shall be governed by the provisions of Subsection A(4) of this section as applicable to the B-2 Zone.
(6)
At any existing nonresidential building in a B-1,
B-2 or B-2B Zone, any duly licensed restaurant, eatery restaurant,
fast-food restaurant or other occupant of said building which is a
purveyor on the premises of food or refreshments as permitted in the
applicable zoning district, with the permission of the site owner,
may apply to the administrative officer (Director of Land Use and
Development) for a seasonal permit to provide temporary outdoor seating
in the front or side yard of the premises, as an integral part of
that business, for consumption of food or refreshments by patrons.
A permit shall be issued provided that the following requirements
are met:
(a)
The seating in such an area shall be limited
to 20% of the establishment's existing interior seating. No food or
refreshment preparation or storage shall be permitted within the outdoor
seating area, and all persons shall be seated when consuming food
or refreshments within the area.
(c)
Permitted outdoor seating areas may be delineated on the sides and front, always without intrusion upon the areas as set forth in Subsection A(6)(a) above, by planters not more than 36 inches high, or a fence which is not taller than 60 inches at its highest point, is not less than 50% open, is not made of chain link or similar materials and does not have sharp spikes or points or jagged or sharpened surfaces or other components which may cause injury. Any gates shall not open so as to intrude upon any right-of-way, sidewalk, footpath, driveway or off-street parking area. The planters or fence shall define the seating area without creating a full barrier to viewing the area or the street and shall not bear any advertising or signage. Walls, partitions, trellises, roofs, canopies, arbors or any permanent structure, which cover, enclose or delineate the outdoor seating area are prohibited; provided, however, that where such are part of the existing building, they may be permitted.
(d)
The outdoor seating area, including planters
or fence, shall not physically displace or impinge upon required parking
spaces or, unless otherwise permitted hereunder, public sidewalks
or rights-of-way. The outdoor seating capacity shall not be included
in the calculation of required off-street parking spaces for the appropriate
zone.
(e)
Pedestrian passage between the building and
the public sidewalk or any driveway or off-street parking shall not
be impeded or obstructed by any fence or planter, or by equipment
or furnishings in the area for outdoor seating. Such clear passage
shall have a width not less than the greater of three feet or the
width of the building entrance, whichever is greater.
(f)
Tables, chairs and other furniture must be strong,
durable, waterproof, weather-resistant and of sufficient mass as to
not be easily blown about. Dark and nonreflective colors are preferred.
Umbrellas shall be designed with mechanisms to secure them against
the effects of wind and shall not display any advertising. Amplified
music and sound are prohibited.
(g)
The outdoor seating area and its furnishings
and equipment shall be kept clean and free of garbage or trash. No
equipment, dumpster, structure or enclosure for the storage of garbage
shall be placed in or adjacent to the outdoor seating area. Hours
of operation of the outdoor seating area shall not be greater than
the hours of operation of the restaurant or purveyor; provided, however,
that if the outdoor seating area is within 200 feet of a residence
district, the outdoor seating area shall not operate between the hours
of 11:00 p.m. and 7:00 a.m.
(h)
No alcoholic beverage, as defined by the applicable
law, N.J.S. 33:1-1, as amended, is permitted in an outdoor seating
area unless it is served under a license duly issued pursuant to said
law or if the outdoor seating is provided exclusively by a restaurant
which follows a "bring your own" policy within the restaurant.
(i)
The administrative officer may, in his sole
discretion, deny, suspend or revoke a seasonal permit is he finds
that the location, volume of pedestrian traffic, violations of provisions
of this subsection, or any other factor affecting public order, convenience
or safety warrants such action.
(j)
Every application for a seasonal permit for
outdoor seating shall be accompanied by a filing fee of $300. A seasonal
permit shall be in effect as of March 1 in the year issued and shall
expire on October 30 of that year. When reviewing any application
for a seasonal permit, the administrative officer may deny the application
upon finding that requirements of this subsection were not complied
with by the applicant during the prior outdoor seating season.
(k)
Seasonal permits are temporary authorizations
which expire on a specified date. Even if renewed, or if none or more
subsequent permit(s) be issued, they do not create any permanent rights
or vested interests and shall not be deemed or construed as to grant
any waiver or deviation in regard to the Land Use Ordinance or Zoning
Regulations which survive such expiration.
(l)
Where outdoor seating is permitted on either a temporary or
permanent basis, as part of the permitted use, and the seating area
is immediately adjacent to surface parking, the seating area must
be protected by concrete-filled decorative bollards to protect those
individuals occupying the seating area. Bollards shall not impede
the passage of pedestrians and shall provide a minimum clear passage
width of at least three feet. Bollards shall be spaced centered on
each adjacent parking space and shall be subject to review and approval
by the Township Engineer. Detail of such bollard(s) shall be submitted
to the Township Engineer for review and approval.
[Added 10-1-2018 by Ord.
No. 17-2018; amended 8-5-2019 by Ord. No. 10-2019]
[2]
Editor's Note: This ordinance also provided
for the redesignation of former Subsection A(6) and (7) as Subsection
A(7) and (8), respectively.
(7)
Required landscaping and buffer areas. For the purposes of this article, landscape and buffer areas shall consist of lawn areas and massed evergreen and deciduous trees and shrubs planted in a manner that will provide a continuous visual screen throughout the entire year within a period of two growing seasons following the planting of the buffer. Buffer areas shall meet with the specifications set forth in § 95-37B(5) unless waived by the appropriate municipal board at the time of site plan application. The height of the shrubs planted in a buffer area shall be measured from the ground level around the base of the shrubs to the topmost part of the shrub, once the shrub has been properly planted in the ground.
[Amended 8-27-1981 by Ord. No. 21-1981]
(a)
Where any nonresidential property abuts a residential
zone, a ten-foot landscape buffer strip shall be permanently maintained
along the nonresidential property line abutting the residential zone.
(b)
In any residential zone, all parking areas,
exclusive of the ingress and egress drive, having a capacity of more
than four vehicles shall be screened from adjacent properties and
the public street by a buffer strip five feet in width.
(c)
Required buffers may be used for no other purpose
than as a buffer. The only structures which may be erected within
a buffer area are fences as regulated by ordinance.
(d)
All nonpaved areas on properties shall be suitably landscaped with trees, shrubs, grass and other suitable landscaping materials. Where an area required for a buffer is already wooded, it shall be left in its natural state, and existing growth shall be supplemented with additional plant material where necessary to bring the buffer area up to minimum requirements of § 95-37B(5).
(8)
Split zones. A B-2 use is permitted to extend out
of the B-2 Zone into the I-3 Zone, provided that the majority of lot
area of the property is in the B-2 Zone and the requirements for street
frontage are met within the B-2 Zone.
[Amended 8-17-1982 by Ord. No. 24-1982]
(9)
A house of worship may consist of the following primary use, together
with a combination of one or more of the following accessory uses:
[Added 12-10-2018 by Ord.
No. 18-2018]
(a)
Primary use. A place of assembly for religious instruction and
worship.
(b)
Accessory uses.
[1]
An apartment, group of rooms, or other residence for the facility's
religious leader within the same building as the place of assembly
for religious services or worship, or in a separate structure, referred
to as a "cleric's residence."
[2]
Facilities for education and instruction, including, but not
limited to, after-school learning, day care, or any other type of
education or instruction within the same building or structure as
the place of assembly for religious services or worship, or in a separate
building or structure, referred to as "educational facilities."
[3]
Facilities for social functions, such as, but not limited to,
weddings, funerals, bar/bat mitzvahs, dances, banquets and other similar
events within the same building or structure as the place of assembly
for religious services or worship or in a separate building or structure,
referred to as "social facilities."
[4]
Mikveh.
(c)
Parking for the above uses shall be as follows:
[1]
House of worship. Parking shall be provided for the greater
of the following: one parking space for each three permanent seats
based on seating capacity. If there are no permanent seats, then one
parking space for each three persons based on the maximum capacity
of the facility as determined by the Fire Department Occupancy Load
Code.
[2]
Cleric's residence: RSIS.
[3]
Educational facilities: 1.5 parking spaces for each teacher/instructor
for children under the age of 18.
[4]
Social facilities: one parking space for each three persons
based on the maximum capacity of the facility as determined by the
Fire Department Occupancy Load Code.
B.
Conditional uses. The following uses are permitted
under the standards and procedures herein. Whereas the necessity for
certain specific uses is recognized and at the same time appreciating
the fact that they or any one of them may be or become inimical to
the public health, safety and general welfare of the community if
located without due consideration to the existing conditions and surroundings,
the following standards and procedure are hereby established. The
following standards and procedures are intended to provide the Planning
Board or the Zoning Board of Adjustment with a guide for the purpose
of reviewing certain uses not otherwise permitted in this article.
In approving a site plan, the Planning Board or Zoning Board may act
on site plans submitted to it or may, upon request, require modifications,
variations and changes thereto which are in the opinion of that Board
sound and prudent in nature and will not endanger the health and welfare
of the citizens of the Township nor thwart the intent and purpose
of this article. A site plan may include, among the features hereinafter
specified, such other features or design in general keeping therewith
that will further the purpose of these regulations, and such features
shall be provided and maintained as a condition of the establishment
and maintenance of any use to which they are appurtenant.
(1)
Public utilities. Uses by a public utility, such as
electric generating plants, gas storage holders, radio transmitting
or receiving towers and telephone exchanges, but no service or storage
yards, may be permitted in residential zones, provided that:
(a)
A set of plans, specifications and plot plans
and a statement setting forth the reason for the need and the purpose
of the installation are filed with the appropriate municipal board
by the applicant in triplicate.
(b)
Proof is furnished to the appropriate municipal
board that the proposed installation is necessary in a specific location
and convenient for the efficiency of the public utility system or
the satisfactory and convenient provision of service by the utility
to the neighborhood or area in which the particular use is to be located;
that the design of any building in connection with such facility also
shall conform to the general character of the residential area and
will in no way adversely affect the safe and comfortable enjoyment
of property rights of the zone in which it is located; that adequate
and attractive fences and other safety devices will be provided; and
that sufficient landscaping, including shrubs, trees and lawn, is
provided and will be periodically maintained.
(c)
The appropriate municipal board shall then decide
the matter in accordance with the procedure provided for site plan
review of conditional uses.
(2)
Hospitals, philanthropic or eleemosynary uses. Hospitals,
philanthropic or eleemosynary structures, except correctional institutions,
clubs, lodges, community centers, recreational buildings and uses,
may be permitted in any zone, provided the following standards are
observed:
(a)
A set of plans, specifications and plot plans
and a statement setting forth full particulars on the operation of
the structure or use are filed with the appropriate municipal board
in triplicate by the applicant.
(b)
The appropriate municipal board finds that any
parcel upon which such use is proposed contains at least one acre
of land; that no structure will be erected nearer than 75 feet to
any street line nor nearer than 30 feet to any property line; that
buildings will not occupy more than 25% of the lot area; that all
other requirements as set forth in this article for the zone in which
it is to be located are observed; that such use will in no way be
detrimental to the surrounding property values; and that the structure
or use proposed will serve a useful purpose to the general welfare
of the Township.
(c)
The front, rear and side yard setback requirements
shall be decreased one foot for each foot by which such building exceeds
the height limit herein established for the zone in which it is to
be located, but in no case shall any building exceed a height greater
than 50 feet.
(d)
Off-street parking space shall be required in
accordance with standards set forth below:
(e)
The appropriate municipal board shall then decide
the matter in accordance with the procedure provided for site plan
approval for conditional uses.
(3)
Public garage or gasoline station. A public garage
or gasoline station may be permitted in all zones except residential,
provided that:
(a)
A set of plans, specifications and plot plans
in triplicate is filed with the appropriate municipal board, showing
in detail the exact location of such garage or gasoline station, the
number and location of tanks to be installed, the dimensions and capacity
of each tank, the depth at which the tanks will be placed below ground,
the number and location of pumps to be installed, the type and location
of all structures to be constructed and the number of automobiles
to be garaged.
(b)
Said use shall be located on a lot whose lot
lines are located not less than 2,000 feet from any school offering
courses of general educational instruction, hospital, church, theater
or library, nor less than 2,000 feet from any other public garage
or gasoline station, said distance to be measured from the periphery
of the lot; and further provided that all filling pumps shall be located
at least 25 feet from the street line and side and rear property lines;
and provided further that such location will not be located at the
corner of any dangerous street intersection or traffic way which is
so found by the appropriate municipal board.
(4)
Gunsmith and/or firearms shop. A gunsmith and/or firearms shop may
be permitted in the B-2 and B-2B Zones, provided that:
[Added 12-11-2017 by Ord.
No. 19-2017]
A.
Uses. In the Residence R-10 Zone, no lot shall be
used and no building shall be erected, altered or occupied for any
purpose other than the following:
(2)
Permitted accessory uses: exceptions and limitations.
(a)
Garage parking spaces. A minimum of one attached
or detached garage space per dwelling unit is required, but no more
than two garage spaces are permitted.
[Amended 5-6-2019 by Ord.
No. 7-2019]
(b)
Customary accessory buildings and uses, including
swimming pools, tennis courts and storage sheds, provided such buildings
and uses are incidental to the principal building and use.
B.
Other provisions and requirements.
[Amended 4-3-2018 by Ord.
No. 3-2018]
A.
Uses. In the Residence R-11 Zone, no lot shall be
used and no building shall be erected, altered or occupied for any
purpose other than the following:
(2)
Permitted accessory uses: exceptions and limitations.
(a)
Garage parking spaces. A minimum of one attached
or detached garage space per dwelling unit is required, but no more
than two garage spaces are permitted.
[Amended 5-6-2019 by Ord.
No. 7-2019]
(b)
Customary accessory buildings and uses, including
swimming pools, tennis courts and storage sheds, provided such buildings
and uses are incidental to the principal building and use.
B.
Other provisions and requirements.
[Amended 4-3-2018 by Ord.
No. 3-2018]
A.
Uses. In the Residence R-15 Zone, no lot shall be
used and no building shall be erected, altered or occupied for any
purpose other than the following:
(2)
Permitted accessory uses: exceptions and limitations.
(a)
Garage parking spaces. A minimum of one attached
or detached garage space per dwelling unit is required, but no more
than three garage spaces are permitted.
[Amended 5-6-2019 by Ord.
No. 7-2019]
(b)
Customary accessory buildings and uses, including
swimming pools, tennis courts and storage sheds, provided such buildings
and uses are incidental to the principal building and use.
B.
Other provisions and requirements.
[Amended 4-3-2018 by Ord.
No. 3-2018]
A.
Uses. In the Residence R-20 Zone, no lot shall be
used and no building shall be erected, altered or occupied for any
purpose other than the following:
(2)
Permitted accessory uses: exceptions and limitations.
(a)
Garage parking spaces. A minimum of one attached
or detached garage space per dwelling unit is required, but no more
than three garage spaces are permitted.
[Amended 5-6-2019 by Ord.
No. 7-2019]
(b)
Customary accessory buildings and uses, including
swimming pools, tennis courts and storage sheds, provided such are
buildings and uses incidental to the principal building and use.
B.
Other provisions and requirements.
[Amended 4-3-2018 by Ord.
No. 3-2018]
A.
Uses. In the Residential R-120 Zone, no lot shall be used or developed and no building shall be erected, altered or occupied for any purpose other than the following, subject, however, to submission by the developer of satisfactory evidence to the Planning Board in accordance with Article IX, Flood Management:
(2)
Permitted accessory uses: exceptions and limitations.
(a)
Garage parking spaces. A minimum of one attached
or detached garage space per dwelling unit is required, but not more
than four garage spaces are permitted.
[Amended 5-6-2019 by Ord.
No. 7-2019]
(b)
The keeping of chickens or other fowl but only
on farms as permitted above. Chicken houses and chicken runs shall
be located in accordance with accessory building requirements for
this zone.
(d)
Customary accessory buildings and uses, including
swimming pools, tennis courts and storage sheds, provided that such
buildings and uses are incidental to the principal building and use.
A.
Uses. In the R-120-CR Zone, no lot shall be used and no building shall be erected, altered or occupied for any purpose other than the following, subject, however, to submission by the developer of satisfactory evidence to the Planning Board in accordance with Article IX, Flood Management:
(1)
Permitted uses.
(a)
One-family dwellings.
(b)
Farm, truck garden and noncommercial nursery
or greenhouse, provided such use is carried out on a parcel of 10
acres or more and that the owner resides on the premises.
(c)
Public parks and playgrounds.
(d)
Open-type commercial recreation facilities,
such as golf courses and tennis courts, provided that no enclosed
structures are included, except for locker rooms or toilet facilities;
not to include amusement parks.
(2)
Permitted accessory uses: exceptions and limitations.
(a)
Garage parking spaces. A minimum of one attached
or detached garage space per dwelling unit is required.
[Amended 5-6-2019 by Ord.
No. 7-2019]
(b)
The keeping of chickens or other fowl, but only
on farms as permitted above. Chicken houses and chicken runs shall
be located in accordance with accessory building requirements for
this zone.
(d)
Customary accessory buildings and uses, including
swimming pools, tennis courts, storage sheds, etc., provided that
such buildings and uses are incidental to the principal building and
use.
B.
Other provisions and requirements.
[Amended 4-3-2018 by Ord.
No. 3-2018]
(2)
[1]For other than residential uses, a minimum of one off-street
parking space shall be provided for each employee and a minimum of
one parking space per acre of lot area.
[1]
Editor's Note: Former Subsection B(2), regarding garage parking
spaces, was repealed 5-6-2019 by Ord. No. 7-2019. This ordinance also
redesignated former Subsection B(3) as Subsection B(2).
[Added 11-8-1984 by Ord. No. 27-1984]
There is hereby established a new zone, to be
known as "SFA." Single-family or one-family residential units shall
be permitted, as well as the following permitted accessory uses: private
garage space for each single-family attached residential unit; and
customary accessory buildings and uses, including swimming pools,
tennis courts and storage sheds, provided that such buildings and
uses are accessory and incidental to the principal buildings and use
of single-family residential units, subject to the following terms
and conditions:
A.
Density.
(1)
The maximum number of attached dwelling units
permitted for any project in the SFA Zone shall be limited to and
determined by multiplying seven attached dwelling units times the
total area of the tract in acres, exclusive of any lands designated
as floodway or wetlands area by the Department of Environmental Protection
or the United States Corps of Engineers and any area designated as
a conservation area.
|
EXAMPLE: 7 X (34 acres - 4 floodway - 4 acres
wetlands - 1 acre conservation area) 25 = 175 units.
|
(2)
Any fractional number of units shall be treated
as one unit.
B.
Height. No structure containing a single-family attached
unit shall exceed a height of 30 feet.
C.
Setbacks. No building or structure shall be located
closer than:
(1)
Fifty feet from any public street or highway.
(2)
Twenty feet from the curbline or edge of pavement
of any internal private road.
(3)
Ten feet from the pavement edge of a driveway
where said driveway traverses the setbacks between buildings as hereinafter
regulated in Subsection B(7).
(4)
Forty feet from any other property line.
E.
Minimum tract size. Single-family attached units will
only be permitted on a tract having a minimum area of 30 acres.
F.
Distance between buildings. No structure containing
a single-family attached dwelling unit shall be permitted closer to
another structure containing a single-family attached dwelling unit
than a distance which equals or exceeds 75% of the sum of heights
of the two said structures or 30 feet, whichever results in the greater
distance.
G.
Landscaping. A landscaping plan shall be submitted
and shall be subject to review and approval by the Planning Board
at the same time as the site plan. The landscaping plan will show
in detail the location, size and type of all plantings, including
lawns to be used on the site. All areas not used for buildings or
off-street parking shall be included in the landscaped plan. All parking
and service areas shall be screened so that said areas are shielded
from residential areas adjacent to the site.
H.
Lighting. Yard lighting shall be provided during the
hours of darkness to provide illumination for the premises and all
interior sidewalks, walkways and parking areas thereon. All wiring
shall be laid underground, and all lighting fixtures shall be arranged
so that the direct source of light is not visible from any residential
areas adjacent to the site.
I.
Architecture and construction.
(1)
From a design and construction standpoint, a
single-family attached residence structure has two basic options:
(a)
It shall be designed and constructed to resemble
a large single-family residence; or
(b)
It shall be designed and constructed with appropriately
different single-family attached residence setbacks and rooflines
so as to reflect the combination of more than one but not more than
eight single-family attached residences.
(2)
The architecture employed shall be aesthetically
in keeping with the surrounding area and shall be subject to approval
by the Planning Board. All buildings shall be constructed in accordance
with the Building Code and shall comply with the following requirements:
(a)
The exterior of each building wall of single-family
attached residences shall be of wood, brick or stone facing, solid
brick or stone or some other acceptable durable material. Asbestos
shingle and cinder or concrete block as exterior finishes are prohibited.
The applicant shall submit to the Planning Board for review and approval,
in addition to any and all other documents required by any other ordinance
concerning site plan review, floor plans, elevation drawings, color
rendering and detailed finish schedules.
(b)
The exterior of any accessory structures shall
harmonize architecturally with and be constructed of materials of
a like character to those used in principal structures.
(c)
There shall be between single-family attached
residences a soundproof fire wall constructed according to the specifications
approved by the Construction Official. Such noncombustible wall shall
have a sound transmission classification (STC) of not less than 52
based on the laboratory test procedure specified in the ASTM (American
Society of Testing and Materials) recommended practice E-90-66T.
J.
Utilities. Every single-family attached residential
unit must be connected to the public sanitary sewer and water systems
as approved by the Township Engineer.
K.
Roads and storm drainage. All roads within the project
shall be private roads at least 24 feet wide, constructed in accordance
with Township specifications and maintained by the developer and its
successors, inclusive of any owner's association or condominium association,
pursuant to specifications prepared by the Township Engineer and subject
to approval by the Planning Board. All required storm drainage shall
be installed and maintained by the developer and its successors.
L.
Master deed. The developer shall furnish to the Township,
as a condition of site plan approval, such guaranties, covenants,
master deed or builder's agreement, which shall satisfy the requirements
of the Planning Board for the construction and maintenance of common
areas, landscaping, recreational areas, public improvements and buildings.
M.
Units per structure. No structure shall contain more
than seven single-family attached dwelling units.
N.
Impact statement.
(2)
As far as the traffic impact is concerned, the
Planning Board shall require entrances and exits to the site at locations
and widths that will minimize traffic congestion and result in the
best vehicular and pedestrian circulation pattern both on and abutting
the site. The Planning Board may require the applicant to submit a
traffic engineering study prepared by a licensed professional traffic
engineer, which will indicate the impact that the development of the
site will have on surrounding roads. This traffic study shall include
the following elements:
(3)
If the results of the survey indicate necessary
off-site improvements of existing Township streets, the applicant
shall contribute a prorated share of such improvements as determined
by the Planning Board. Also, the applicant shall bear the full cost
of improving or widening abutting streets.
O.
Building coverage. Not more than 20% of the total
tract area shall be covered by any above-grade buildings or structures.
P.
Total impervious coverage. Not more than 35% of the
total tract area shall be covered by any impervious material, including
but not limited to buildings, structures, driveways, parking areas,
patios, walkways, game areas, such as tennis courts, swimming pools
and the like. Porous pavement shall be permitted and shall be considered
an impervious surface.
Q.
Common open space. The developer of single-family
attached residential units as a conditional use shall make provision
for the establishment of an open space organization of owners or residents
of the development which shall own and maintain all common open space.
Such organization shall not be dissolved and shall not dispose of
any open space, by sale or otherwise, except to an organization conceived
and established to own and maintain the open space for the benefit
of such development, and thereafter such organization shall not be
dissolved or dispose of any of its open space without first offering
to dedicate same to the Township of East Hanover. In the event that
such organization shall fail to maintain the open space in reasonable
order and condition, the Township Committee may serve written notice
upon such organization or upon the owner of the development setting
forth the manner in which the organization has failed to maintain
the open space in reasonable condition, and said notice shall include
a demand that such deficiencies of maintenance be cured within 35
days thereof and shall state the date and place of a hearing thereon,
which shall be held within 15 days of the notice. At such hearing,
the Township Committee may modify the terms of the original notice
as to deficiencies and may give a reasonable extension of time not
to exceed 65 days, within which they shall be cured. If the deficiencies
set forth in the original notice or in the modification thereof shall
not be cured within said 35 days or any permitted extension thereof,
the Township, in order to preserve the open space and maintain the
same for a period of one year, may enter upon and maintain such land.
Said entry and maintenance shall not vest in the public any rights
to use the open space except when same is voluntarily dedicated to
the public by the owners. Before the expiration of said year, the
Township Committee shall, upon its initiative or upon the request
of the organization theretofore responsible for the maintenance of
the open space, call a public hearing upon 15 days' written notice
to such organization and to the owners of the development, to be held
by the Township Committee, at which hearing such organization and
the owners of the development shall show cause why such maintenance
by the Township shall not, at the election of the Township, continue
for a succeeding year. If the Township Committee shall determine that
such organization is ready and able to maintain said open space in
a reasonable condition, the Township shall cease to maintain said
open space at the end of said year. If the Township Committee shall
determine that such organization is not ready and able to maintain
said open space in a reasonable condition, the Township may, in its
discretion, continue to maintain said open space during the next succeeding
year, subject to a similar hearing and determination in each year
thereafter. The decision of the Township Committee in any such case
shall constitute a final administrative decision subject to judicial
review. The cost of such maintenance by the Township shall be assessed
pro rata against the properties within the development that have a
right of enjoyment of the open space in accordance with assessed value
at the time of imposition of the lien, and shall become a lien and
a tax on said properties and be added to and be a part of the taxes
to be levied and assessed thereon, and enforced and collected with
interest by the same officers and in the same manner as other taxes.
R.
Floodway and wetlands. Although no area designated
as floodway and/or wetlands and/or conservation area shall be included
in the calculation of permitted density, areas designated as floodway
and/or wetlands may, at the discretion of the Planning Board, be utilized
for recreational purposes.
S.
Site plan approval. Site plan approval shall be obtained for any single-family attached project from the Planning Board as required by Article VI, § 95-34 of the Code of the Township of East Hanover, and said site plan shall disclose, in addition to all the required conditions of that section, that all the standards herein established for a single-family attached unit have been complied with.
T.
A minimum of one attached or detached garage space is required for
each dwelling unit.
[Added 4-3-2018 by Ord.
No. 3-2018]
[Added 11-21-1989 by Ord. No. 19-1989]
There is hereby established a new zone to be designated R-10/CSAH. The permitted uses and requirements for said zone shall be as set forth in the Cluster Residential Development provisions adopted under Ordinance No. 22-1983 of the Township and set forth as Addendum A in Chapter 95 of the municipal Zoning Ordinances;[1] provided, however, that the following amendments to those
provisions shall be applicable in an R-10/CSAH Zone:
A.
Section I, Tract requirements.
(1)
Add Section i(3) to read as follows: "The maximum
density provision shall be 2.1 units per acre of the gross land area
for single-family units and 13.33 units per acre for senior citizen
housing units. These density provisions shall supersede Section i(1)
and i(2) of this section.
(2)
Amend Section iv to read as follows: "Single-family
detached dwellings and senior citizen housing units shall be permitted
in an R-10/CSAH Zone."
C.
Section III, Open space:
(1)
Amend Section i as follows: "The developer shall
designate a three-acre area of the tract to be dedicated for development
of senior citizen housing units and shall convey this land in the
Township of East Hanover for that stated purpose. The developer shall
not be required to build the senior citizen housing units after the
conveyance to the Township. The conveyance shall occur after final
site and subdivision approval by the Township of no fewer than 83
single-family residential lots on the remaining parcel and upon execution
of a developer's agreement, posting of bonds and application for the
first building permit regardless of construction phasing. The three-acre
area, as set forth herein, shall be included with the 25% maximum
depreciation area set forth in this provision and the balance of the
areas to be dedicated for public use shall be as set forth on the
subdivision plat submitted by the developer and approved by the Municipal
Planning Board. The developer shall not be required to install within
the dedicated open space areas any of the public improvements to which
the areas may be dedicated as set forth in Section iv of this section."
(2)
Amend Section ii as follows: "All open space
to be dedicated to the Township shall be in its present natural state,
with the exception of improvements designated by the developer for
the use and benefit of the subdivision development."
D.
Alternate voluntary contribution. In lieu of the developer
dedicating a three-acre parcel for senior citizen housing, the developer
shall have the option of constructing six building lots on the three-acre
parcel and making a voluntary bidder's contribution in the amount
of $330,000, which may be utilized for any other purpose in furtherance
of the Township's Affordable Housing Plan. The contribution is payable
upon issuance of building permits and certificates of occupancy for
the 82nd to 87th lots as follows:
[Added 7-15-1993 by Ord. No. 15-1993]
(1)
Twenty-nine thousand dollars upon issuance of
each building permit for the 84th to 87th lots.
(2)
Forty-three thousand five hundred dollars upon
issuance of each certificate of occupancy for the 84th to 87th lots.
(3)
Ten thousand dollars upon issuance of each building
permit for the 82nd and 83rd lot.
(4)
Ten thousand dollars upon issuance of each certificate
of occupancy for the 82nd and 83rd lot.
[1]
Editor's Note: Addendum A is included at the end of this chapter.
[Added 11-21-1989 by Ord. No. 18-1989]
A.
Purpose of HD/OCI Zone.
(1)
The HD/OCI Zone is designed to establish development
options in order to facilitate the production of affordable housing.
The options consist of either mixed-use commercial and inclusionary
residential development in the zone or a mixed-use commercial, office
and industrial development in the zone, together with a cash contribution
in lieu of inclusionary residential development.
(a)
Option A of the HD/OCI Zone is designed to accommodate
a large number and different types of commercial activities and residential
units, comprehensively planned and proposed to be constructed and
managed as a single, coordinated and integrated mixed-use development.
The variety of uses and the intensity and density of development is
designed to assure a realistic opportunity for the construction of
various commercial uses to serve the Township, and to assure different
housing types and income levels in the Township, including affordable
housing for lower-income households.
(b)
Option B of the HD/OCI Zone is designed to accommodate
a large number of different types of commercial, office and industrial
activities, comprehensively planned and proposed to be designed as
an integrated mixed-use development. The variety of uses and the intensity
and density of development is designed to assure a realistic opportunity
for the construction of various commercial, industrial and office
uses to serve the Township.
(2)
These land use regulations are designed in part
to meet the mandate of the New Jersey Unit Housing Act and the rules
and regulations of the Council on Affordable Housing. Any provision
of this or any other ordinance in conflict with the HD/OCI Zoning
regulations and which impose higher standards not immediately and
directly related to health and safety shall be inapplicable and the
provisions of this section shall govern.
B.
Submission requirements. No later than the time of
the filing of the development application, the applicant shall select
either Option A or Option B, which options are hereby deemed to be
mutually exclusive.
C.
Permitted uses.
(1)
Retail and commercial service establishments.
(2)
Banks and financial institutions.
(3)
Automobile sales and service.
(4)
Business, corporate and professional offices.
(5)
Hotels and motels.
(6)
Theaters.
(7)
Restaurants, eatery restaurants and take-out restaurants.
[Amended 12-7-2020 by Ord. No. 9-2020]
(8)
Public parks, playgrounds, conservation areas
and municipal facilities.
(9)
Dwellings, multifamily (Option A only).
(10)
Warehouses and business offices ancillary thereto
(Option B only).
(11)
All uses permitted in the I-3 Light Industry
Zone (Option B only).
(12)
Electronic data centers.
[Added 12-15-2014 by Ord. No. 15-2014]
E.
Minimum size, width, maximum nonresidential development
and number of residential units.
(1)
Minimum tract size: 30 acres.
(2)
Minimum tract width: 500 feet.
(3)
For Option A, which includes inclusionary residential
development, the maximum intensity of development shall be as follows:
(a)
Mixed commercial. A maximum of 350,000 square feet of floor area, not including any structure used for parking, storage of vehicles or public or quasi-public uses. The mixed commercial uses shall be distributed on no less than 15 contiguous acres and shall front on Route 10. "Mixed commercial uses" shall mean all uses as permitted under Subsection C(1) through (8) of this section, Permitted uses.
(4)
For Option B, the maximum intensity of development
shall be as follows:
(a)
Mixed commercial. A maximum of 350,000 square feet of floor area, not including any structure used for parking, storage of vehicles or public or quasi-public uses. The mixed commercial uses shall be distributed on no less than 15 contiguous acres and shall front on Route 10. "Mixed commercial uses" shall mean all uses as permitted under Subsection C(1) through (8) of this section, Permitted uses.
(b)
Light industry/office. A maximum of 400,000 square feet to be contained in not more than two structures, not including any structure used for parking or public or quasi-public uses. The light industry/office uses shall be distributed on the rear portion of the parcel on no less than 17 contiguous acres, including any land which may be dedicated, conveyed or otherwise encumbered for purposes of meeting buffer or open space requirements. "Light industry/office" shall mean all uses as permitted under Subsection C(4), (10), (11) and (12) of this section, Permitted uses, except that uses permitted under Subsection C(4) shall not exceed 50% of the total square footage permitted in the light industry/office portion.
[Amended 12-15-2014 by Ord. No. 15-2014]
F.
Subdivision. The applicant, subsequent to preliminary
site plan approval for the entire tract, may apply for a subdivision
of one or more parts of the tract without regard to setbacks, minimum
tract size, width, frontage, density and number of residential units
for purposes of financing, administration or similar reasons. All
conditions of prior approval that apply to those parcels being subdivided
shall continue to be in force and effect.
H.
Buffer to adjacent uses. A one-hundred-fifty-foot
buffer shall be provided along any rear lot line contiguous to residential
uses. The rear lot line shall be that line furthest from the front
lot line. Any intermediate rear yard shall be considered as a side
yard. The existing vegetation and hardwood forest within the rear
yard buffer shall be preserved as a buffer and supplemented with indigenous
plant species in order to provide permanent buffer screening between
this tract and adjacent single-family dwellings. This one-hundred-fifty-foot
buffer shall include lands which are hereby required to be conveyed
by or on behalf of applicant to adjacent land owners, at the option
of said land owners, which conveyance shall be 50 feet in depth and
equal to the width of the grantee's lot at the rear lot line. This
conveyance option shall be available to all abutting residential properties.
The area of any buffer land dedicated or conveyed shall be counted
in the total tract area for the purposes of calculating lot area,
coverage, setbacks and open space. Said conveyance shall be made upon
receipt of all governmental approvals in unappealable form. There
shall also be a twenty-foot buffer maintained between this zone and
the contiguous property designed as Block 99, Lots 12 and 18, of which
the 10 feet furthest from the common lot line of said property may
be used for roadways or parking uses.
I.
Coverage and height requirements.
(1)
For Option A, coverage and height requirements
shall be as follows:
|
Permitted Uses
|
Maximum Building Coverage
(percent)
|
Maximum Height
|
|---|---|---|
|
Residential (market)
|
35
|
3 stories/40 feet
|
|
Residential (affordable)
|
45
|
5 stories/65 feet
|
|
Mixed commercial
|
75
|
75 feet
|
(2)
For Option B, coverage and height requirements
shall be as follows:
|
Permitted Uses
|
Maximum Building Coverage
(percent)
|
Maximum Height
|
|---|---|---|
|
Mixed commercial
|
75
|
75 feet
|
|
Light industry/office
|
60
|
1 story (35 feet) (except that the applicant
is permitted to construct not more than 100,000 square feet of floor
area on a second level on that portion of the structure on the rear
parcel which is closest to the mixed commercial portion. Mezzanine
space within a building shall not be counted as a second story.)
|
(3)
The height of the mixed commercial uses shall
be measured from base elevation of 200 feet above sea level. The height
of the structures shall include any roof top mechanical and architectural
appurtenances. Parking garages shall not exceed 65 feet in height.
J.
Distance between residential buildings under Option
A.
(1)
(2)
The Planning Board may reduce the above distances
by not more than 1/2 if there is an angle of 20° or more between
buildings and if extensive landscaping or buffers are placed between
buildings.
K.
Setbacks for mixed commercial uses. Minimum setback
from Route 10: 75 feet.
M.
Location of affordable units under Option A. Affordable
(low- and moderate-income) housing units shall be sited on the development
tract in accordance with good site planning principles in appropriate
locations as approved by the Planning Board. Those units shall be
convenient and accessible to common open space and community facilities.
N.
Minimum off-street parking requirements.
(2)
Nonresidential uses:
(a)
All nonresidential uses shall provide off-street
parking in the following ratios:
[1]
Retail and commercial uses: five spaces per
1,000 square feet of floor area.
[2]
Office uses: three spaces per 1,000 square feet
of floor area.
[3]
Theaters and restaurants: one space per four
seats.
[4]
Auto sales and services: one space per 1,000
square feet of showroom space.
[5]
Hotels and motels: one space per room.
[6]
Light industry/warehouse: one space per 1,000
square feet of floor area.
[7]
Electronic data centers only shall provide three parking spaces
for every four employees during the maximum shift; and no additional
spaces shall be required based upon gross floor area.
[Added 12-15-2014 by Ord. No. 15-2014]
[8]
Restaurants and eatery restaurants: one space for every two
seats/stools, plus one space for every two linear feet of bar or counter
space where patrons may eat/drink while standing.
[Added 12-7-2020 by Ord.
No. 9-2020]
[9]
Take-out restaurants: one parking space for every two employees
during the maximum shift, plus four spaces.
[Added 12-7-2020 by Ord.
No. 9-2020]
(b)
The applicant may reduce the number of required
spaces based on the concept of shared parking among the nonresidential
uses. In no event may the Township require more than 1,500 parking
spaces for the nonresidential uses.
(3)
Parking shall be permitted in all required minimum
yard areas.
(4)
All parking spaces shall be at least nine feet
by 18 feet.
(5)
Residential garages shall count as one off-street
parking space. A driveway in front of a private residential garage
which is a part of a townhouse development shall be counted as one
off-street parking space, provided that it has a minimum area of nine
feet by 18 feet.
P.
Affordable (low- and moderate-income) housing requirements.
(2)
Rules and requirements of § 95-46P, Affordable alternative marketing, pricing and income regulations, shall apply to all affordable dwelling units.
(3)
Phasing of lower-income housing. Lower-income
housing shall be phased in accordance with the following schedule:
|
Minimum Number of Market Housing Units
Completed
|
Minimum Number of Non-Age Restricted Lower-Income
Units Completed
| |
|---|---|---|
|
41
|
0
| |
|
42
|
4
| |
|
82
|
20
| |
|
123
|
30
| |
|
164
|
40
|
Q.
Unity of development. Any development in the HD/OCI
Zone for which site plan approval has been approved shall be considered
a single development regardless of whether parts or sections are sold
or otherwise disposed of to persons or legal entities other than the
one which received approval. All such approvals and conditions of
approvals shall run with the land. Any tracts or parcels sold shall
include documentation satisfactory to the Township Attorney, setting
forth the requirements for low- and moderate-income housing units.
R.
Waiver of fees.
(1)
Notwithstanding any ordinance requirement of
the Township of East Hanover to the contrary, the following fees and
ordinances shall not apply to development in the HDCI Zone:
(a)
Subdivision and site plan application fees for
every unit designated as low- and moderate-income housing.
(b)
Escrow fees applicable to low- and moderate-income
housing units.
(d)
Section 95-38, Off-tract improvements, of the Township Land Use and Zoning Ordinance or any other ordinance now in effect or later enacted, including Ordinance No. 14-1989, which requires sharing of costs of any off-tract improvements other than running waterlines from adjacent existing municipal services in Route 10 necessitated by the development. Nothing herein shall relieve the applicant from the responsibility for constructing any roadway improvements contiguous to the site in order to achieve proper, safe and efficient ingress and egress to the site consistent with the requirements of the New Jersey Department of Transportation, including but not limited to any turning lanes, traffic signals or other improvements, as required.
(2)
In furtherance of the Township fair share housing
plan, if an applicant voluntarily selects option b, then the applicant
shall make the following builder's contribution in lieu of constructing
an inclusionary residential development:
[Amended 12-5-1991 by Ord. No. 25-1991]
(a)
Eight hundred thousand dollars by way of letter
of credit for actual physical construction of roadway capital improvements
associated with Route 10, including contiguous public improvements
on or adjacent to Route 10, posted upon issuance of the first certificate
of occupancy for any portion of the development and to be drawn down
or released as improvements are constructed and accepted by the Township,
county or New Jersey Department of Transportation.
(b)
Two million nine hundred fifty thousand dollars in escrow, to be utilized by the Township for the construction of low- and moderate-income and senior citizen housing within the Township at a location other than within the HD/OCI Zone, and to meet the Township's obligations pursuant to any regional contribution agreements consistent with COAH guidelines and regulations. One million three hundred thousand dollars will be paid upon issuance of the first building permit for the office building at the rear of the developer's project, a letter of credit of $465,000 has been posted and shall be credited toward this obligation; $825,000 will be paid upon issuance of a certificate of occupancy within the front portion of the property for a nonresidential use as provided in Subsection N(2) hereof; and $825,000 will be paid upon issuance of a certificate of occupancy within the front portion of the property for either a hotel, motel or office use as defined in Subsection N(2) hereof.
S.
Other requirements.
(1)
An applicant for residential inclusionary development
in the HD/OCI Zone shall meet all requirements of the Council on Affordable
Housing in effect at the time of approval of the application. Such
requirements shall supersede any requirements in this amendment.
(2)
Recognizing the intensity of development and
nature of uses resulting in public assembly, the applicant shall submit
a plan and program for site security or enter into an agreement with
East Hanover Township for adequate provision for public safety and
security which the Township deems adequate under all of the circumstances.
T.
Common open space requirements under Option A.
(1)
A minimum of 20% of the land area of that part
of any site used for residential purposes shall be designated for
conservation, open space, recreation and/or other common open space.
Such area may include environmentally sensitive lands.
(2)
Common open space may be deeded to the Township,
if accepted by the governing body, or to an open organization or trust
or to a private nonprofit organization charged with the provision
of recreation activities for the residents of the development.
(3)
All common open space deeded to an open space
organization, trust or private organization shall be owned and maintained
as provided for in N.J.S.A. 40:55D-43.
U.
Utilities and roads.
(1)
Water and sewers. All projects within the HD/OCI Zone shall be served by central sewer and water which the Township shall be obligated to provide on a priority basis. The applicant shall be required to meet the normal prevailing standards of the Township as to an on-site drainage improvements as set forth in § 95-39A(6) of the Code of the Township.
(2)
Roads.
(a)
All developments shall be served by public or
private paved roads in accordance with an approved subdivision and/or
site plan. All such roads shall be curbed and paved in accordance
with Township specifications and shall have adequate drainage and
lighting. Under Option B, the light industry/office portion of the
development shall be served by two separate access roads to the mixed
commercial portion of the development.
(b)
Local roads shall be planned so as to discourage
through traffic.
(c)
The minimum public road right-of-way and cartway
and the minimum private street cartway shall be in accordance with
the following schedule:
|
Type of Road
|
Right-of-Way
(feet)
|
Cartway
(feet)
| |
|---|---|---|---|
|
Collector road
|
50
|
30
| |
|
Local road with no parking
|
40
|
26
| |
|
Local road with parking on 1 side only
|
40
|
26
| |
|
Local road with on-street parking on both sides
|
50
|
30
| |
|
Private road
|
None
|
26
|
V.
Waivers. Notwithstanding any provision set forth elsewhere
in this chapter, the Planning Board may waive any engineering, construction
and design requirements contained in this section and in other Township
ordinances in order to achieve the objectives of the HD/OCI Zones,
provided that the Planning Board shall be satisfied that such a waiver
does not jeopardize the public health and safety.
W.
Applicability. The provisions set forth in this section
shall apply to both Options A and B unless otherwise specifically
stated in this section of the Code.
[Added 11-21-1989 by Ord. No. 17-1989]
A.
Purpose. The purpose of this district is to provide
the opportunity for development of affordable housing units as required
by the Constitution of the State of New Jersey and the Fair Housing
Act.
C.
Standards for development. The standards for development
shall be as follows:
(1)
The bulk, design and other standards for development in the RAH-1 Zone shall be such as to facilitate its construction in accordance with §§ 95-44A and 95-46P of the Code; and, in a reasonable and economical fashion so as to permit the unit yield set forth in Subsection B. In addition, the following specific requirements shall be met:
(2)
The following shall be general guidelines which shall be waived as necessary or appropriate to achieve development consistent with health and safety and to achieve the unit yield set forth in Subsection B.
(a)
Buildings shall not exceed three living stories,
excluding garages, nor shall they exceed 35 feet in height as building
height is determined under the Township Land Use Ordinance.
(b)
Interior roadways shall be private and have
a cartway width of 26 feet, subject to the reasonable review and approval
of the Fire Subcode Official.
(c)
Parking standards shall be 1.5 spaces for each
one-bedroom or efficiency unit, if any, and two spaces for each other
unit. Parking spaces shall not be smaller than nine feet in width
by 18 feet in length. A garage and driveway together shall count as
two spaces.
(d)
Residential buildings shall consist of not more than 24 dwelling units. Each residential building shall be at least 30 feet from any other except where necessary to achieve the unit yield specified in Subsection B or to promote overall sound project design.
D.
Other requirements.
[Amended 11-10-1994 by Ord. No. 30-1994]
(2)
A conveyance by deed, subject to approval of
East Hanover Township, of 5.0 acres of land shall be made to East
Hanover Township, and the construction of 32 affordable housing units
either directly by the Township or a not-for-profit agency or in accordance
with a turnkey agreement between East Hanover Township and the developer
dated June 30, 1988, on file with the Township Clerk and available
for public inspection.
(3)
A developer in the RAH-1 Zone shall not be requested
or required to contribute in any manner or to contribute any off-tract
or off-site improvements, except for installing waterlines from existing
municipal services, unless over 50% of the need for such improvements
is demonstrated to be directly necessitated by the development. Where
the over fifty-percent-requirement is met, the developer's responsibility
shall be no greater than a fair share of the cost of such improvements.
The 32 affordable housing units shall not be considered in calculating
impacts.
[Added 8-5-2019 by Ord. No. 11-2019]
The following standards shall apply to development in the Residential Multi-Family Zone. Other provisions of Chapter 95, Land Use and Zoning, of the East Hanover Code shall apply to development in the Residential Multi-Family Zone only where specifically indicated as applicable in § 95-53.4. When the standards herein conflict with other provisions of Chapter 95, the standards herein shall apply.
A.
Purpose. The purpose of this zone is to construct an inclusionary
housing development that provides credits towards the Township's affordable
housing obligation. It is the vision of the Residential Multi-Family
District that the site will be operated in a coordinated manner. Notwithstanding,
the site may be subdivided and owned by different parties.
B.
BUILDING HEIGHT
CLUBHOUSE
COMMUNITY POOL
DWELLING, DUPLEX
IMPERVIOUS COVERAGE
SIGN, STREET
SIGN, WAYFINDING
TRACT
Definitions. The following definitions shall apply only to the Residential
Multi-Family Zone:
Within the Residential Multi-Family Zone, the building height
shall be measured from the proposed/final average grade, not the existing
average grade. Where a building is situated on a slope, the highest
two building corners (which are the uphill corners) shall be used
to determine the proposed/final average grade of the building.
A structure which is open for use by residents of a private
community, their family or guests. The structure may include restrooms
and a kitchen.
A pool constructed or maintained for the use of residents
of a private community, their family or guests, on land contained
within the development site.
A one-family dwelling in a row of two such units in which
each unit has its own front and rear access to the outside, no unit
is located over another unit, and each unit is separated from the
other unit by one or more vertical common fire-resistant walls or
other such common wall system as may be approved by the Township Code
Enforcement Officer.
The accessory and principal building coverage plus the area
of all paved surfaces, both impervious and pervious, which cover a
lot, such as required parking spaces, including necessary maneuvering
areas, passageways and driveways giving access thereto, service areas,
accessways, streets, walkways, patios, decks, etc.
A type of traffic sign that is freestanding and identifies
the name of a street.
A sign that provides information and directions necessary
or convenient for visitors coming on the property, including signs
marking entrances and exits, parking areas, circulation direction,
and the like.
The area encompassed by Block 42, Lots 37, 38, and 41.
C.
Off-site improvements.
(1)
This section supersedes the residential site improvement standards and § 95-8 of the Township Code.
(2)
Off-tract improvements are required whenever an application
for development requires the construction of off-tract improvements
that are clearly, directly and substantially related to or necessitated
by the proposed development. The Land Use Planning Board, as the case
may be, shall require as a condition of final site plan or subdivision
approval that the applicant provide for such off-tract improvements.
Off-tract improvements shall include water, sanitary sewer, drainage,
and street improvements, including such easements as are necessary
or as may otherwise be permitted by law.
(3)
Determination of cost. When off-tract improvements are required,
the Township Engineer shall calculate the cost of such improvements
in accordance with the procedures for determining performance guaranty
amounts in N.J.S.A. 50:55-D-53.4. Such costs may include, but not
be limited to, any or all costs of planning, surveying, permit acquisition,
design, specification, property and easement acquisition, bidding,
construction, construction management, inspection, legal, traffic
control and other common and necessary costs of the construction of
improvements. The Township Engineer shall also determine the percentage
of off-tract improvements that are attributable to the applicant's
development proposal and shall expeditiously report his findings to
the board of jurisdiction and the applicant.
(4)
Improvements required solely for the application's development.
Where the need for an off-tract improvement is necessitated by the
proposed development and no other property owners receive a special
(i.e., more than incidental) benefit thereby, or where no planned
capital improvement by a governmental entity is contemplated, or the
improvement is required to meet the minimum standard of the approving
authority, the applicant shall be solely responsible for the cost
and installation of the required off-tract improvements. The applicant
shall elect to either install the off-tract improvements or pay the
municipality for the cost of the installation of the required off-tract
improvements.
(5)
Improvements required for the applicant's development and benefitting others. Where the off-tract improvements would provide capacity in infrastructure in excess of the requirements in Subsection C(4) above, or address an existing deficiency, the applicant shall elect to either install the off-tract improvements, pay its pro rata share of the cost to the Township, or pay more than its pro rata share of the cost to facilitate the construction of the improvement(s) and accept future reimbursement so as to reduce its payment to an amount equal to its pro rata share. If a developer elects to address the required off-tract improvement(s) by making a payment, such payment shall be made prior to the issuance of any building permit. If the applicant elects to install the off-tract improvements or to pay more than its pro rata share of the cost of the improvements, it shall be eligible for partial reimbursement of costs of providing such excess. The calculation of excess shall be based on an appropriate and recognized standard for the off-tract improvement being constructed, including but not limited to gallonage, cubic feet per second and number of vehicles. Nothing herein shall be construed to prevent a different standard from being agreed to by the applicant and the Township Engineer. The process, procedures and calculation used in the determination of off-tract costs shall be memorialized in a developer's agreement to be reviewed and approved by the Township Attorney, who may request advice and assistance from the Land Use Planning Board Attorney. Future developers benefiting from the excess capacity provided or funded by the initial developer shall be assessed in their pro rata share of off-tract improvement cost based on the same calculation used in the initial calculation. Such future developers shall pay their assessment, plus a two-percent administration fee not to exceed $2,000, to the Township at the time of the signing of the final plat or final site plan as a condition precedent to such signing. The Township shall forward the assessment payment to the initial developer, less any administration fee, within 90 days of such payment.
(6)
Performance guaranty. If the applicant elects to construct the improvements, the applicant shall be required to provide, as a condition of final approval, a performance guaranty for the off-tract improvements in accordance with N.J.S.A. 50:55D-53 and § 95-53.4 above.
(7)
Certification of costs. Once the required off-tract improvements
are installed and the performance bond released, the developer shall
provide a certification to the Township Engineer of the actual costs
of the installation. The Township Engineer shall review the certification
of costs and shall either accept them, reject them, or conditionally
accept them. In the review of costs, the Township Engineer shall have
the right to receive copies of invoices from the developer sufficient
to substantiate the certification. Failure of the developer to provide
such invoices within six months of the Township Engineer's request
shall constitute forfeiture of the right of future reimbursement for
improvements that benefit other.
(8)
Time limit for reimbursement. Notwithstanding any other provisions
to the contrary, no reimbursement for the construction of off-tract
improvements providing excess capacity shall be made after 10 years
has elapsed from the date of the acceptance of the certification of
costs by the Township Engineer.
D.
Uses.
(1)
Permitted principal uses.
(a)
Duplex dwellings.
(b)
Multifamily dwellings.
(c)
Townhouse dwellings.
(d)
Stacked townhouse dwellings.
(e)
Affordable housing units within townhouse buildings, which may
be designed as one-over-one apartment flats within a townhouse configuration.
(f)
Public or private open space and recreation areas.
(g)
One or more of the above mentioned uses on one lot.
(h)
Access driveway or street for adjacent office use on Block 42,
Lot 37.02.
(i)
Monument and wayfinding signs for adjacent office use on Block
42, Lot 37.02.
(2)
Permitted accessory uses.
(a)
Fences and walls, including retaining walls.
(b)
Off-street parking and garages under or incorporated into the
building design.
(c)
Clubhouses.
(d)
Public or private recreational facilities, including, but not
limited to, community pools, tennis courts, noncommercial fitness
facilities and playgrounds.
(e)
Public or private parks and open space facilities, including,
but not limited to, walkways, bikeways, courtyards, plazas, community
gardens, and dog parks.
(f)
Leasing and management offices.
(g)
Clubrooms, lounges, game rooms, mail rooms, business centers,
and similar interior common resident amenities incorporated into a
larger building design. These accessory uses shall not be in stand-alone
structures.
(h)
Dog spa or grooming facility, not including boarding or veterinarian
services, only for residents of the development incorporated into
a larger building design. This accessory use shall not be in a stand-alone
structure.
(i)
Signs.
(j)
Temporary construction trailer, temporary sales trailer and
temporary sales office in model home through final project certificate
of occupancy.
(k)
Trash enclosures and compactors.
(l)
Common or centralized mailboxes, which are designed in keeping
with the architecture of the buildings.
(m)
Public and private utilities.
(n)
Generators related to clubhouses, any required booster pumps,
or for emergency services. No individual residential unit shall be
permitted a generator.
(o)
Unmanned gatehouse; however there shall be no gates blocking
access.
E.
Bulk standards.
(1)
Minimum tract area: 70 acres.
(3)
Minimum parcel area: five acres for public parks and public
open spaces and 12 acres for residential development parcels.
(5)
Minimum distance between buildings: (Note: For purposes of this
section, calculation of setbacks shall not include decks and patios,
which may project a maximum of 10 feet from a building, and porches,
stairs and chimneys, which may project up to five feet from a building.
However, porches within the front yard may project up to eight feet
from a building. Front, side, and rear of buildings shall be designed
on a building-by-building basis on the site plan based on building
orientation).
(6)
Dimensional requirements:
(a)
Maximum townhome and stacked townhome length: 200 feet.
(b)
Maximum multifamily building length: 230 feet.
(c)
Maximum number of units before vertical break: two units.
(d)
Minimum front of townhouse building to inside (house side) of
sidewalk along public or private street: 18 feet.
(e)
Minimum side and rear of building to public or private street:
10 feet.
(f)
Minimum building to off-street parking spaces: 10 feet. This
standard does not apply to facades that contain garage doors.
(7)
Maximum building coverage: 45%.
(8)
Maximum impervious coverage: 60%.
(9)
Maximum density: 7.4 units per acre, up to a maximum of 548
units, calculated on the overall tract size.
(10)
Maximum building height: 40 feet for duplex, townhome, and stacked
townhome dwellings with allowances for stepped foundations along the
building length, in which case, said measurement shall then apply
to each stepped section; 55 feet for multifamily dwellings.
F.
Bedrooms. A maximum of 50% of the townhouse, duplex, and stacked
townhouse units may have up to four bedrooms.
G.
Affordable housing requirements.
(1)
The Residential Multi-Family Zone shall have an obligation to
deed-restrict 96 total units as affordable units. The units shall
meet the very-low/low-moderate-income split required by the Uniform
Housing Affordability Controls and 13% of the required units shall
be very-low-income as defined by the Fair Housing Act (30% of the
region's median income).
(2)
Affordable units shall be dispersed throughout the site and
designed to be architecturally consistent and compatible with the
market-rate units.
(3)
The affordable units shall have a minimum thirty-year deed restriction.
Any such affordable units shall comply with UHAC, applicable COAH
affordable housing regulations, the Fair Housing Act, any applicable
order of the Court, and other applicable laws.
(4)
The units shall meet the bedroom distribution required by the
Uniform Housing Affordability Controls.
(5)
The developer/owner shall be responsible for retaining no more
than two qualified administrative agents, subject to the reasonable
approval of the Township Council to oversee the sales and rentals
of the affordable housing units, at the developer's sole cost and
expense.
(6)
All necessary steps shall be taken to make the affordable units
provided creditworthy pursuant to applicable law for purposes of addressing
the Township's affordable housing obligation.
H.
Lighting.
(1)
Low-pressure sodium or mercury vapor lighting is prohibited.
(2)
Parking lot lighting shall be no more than 20 feet in height.
(3)
A minimum average of 1/2 footcandle shall be maintained within
parking lots. A minimum average of 0.3 footcandle shall be maintained
over all pedestrian walkways that are adjacent to streets.
(4)
Parking lot fixtures shall be full cutoff.
(5)
Footcandles at the tract boundary shall not exceed one footcandle,
except where there are entrance/exit driveways.
(6)
Streetlighting.
(a)
Public streets. Streetlights shall be installed as directed
by the Township Engineering Department and in accordance with recommended
practice of street and highway lighting of the Illuminating Engineering
Society, where it is required by the Planning Board, along the streets
within and abutting the subdivision. All fixtures or luminaries which
will be required in a subdivision shall be installed at the same time,
thereby constituting a single process of installation. All wires necessary
to serve the streetlighting system shall be placed underground, and
arrangements shall be made with the appropriate utility for carrying
out this provision. Construction and maintenance easements shall be
provided for such installations. The subdivider shall pay the cost
of operating said streetlights until such time as the said lights
which are installed shall be accepted by resolution of the Township
Council as part of the acceptance of a public street of the Township.
At the time of final approval, the subdivider shall deposit with the
Township cash in an amount equal to twice the annual billing rate,
as determined by the appropriate utility which shall provide streetlighting.
The Township shall utilize said cash deposit to pay the annual billings
for such streetlighting in the subdivision until the streets are accepted
by resolution of the Township Council, at which time the Township
will return to the subdivider the remaining cash on deposit, if any.
(b)
Private streets. Streetlights shall be installed to provide
a minimum average of 1.0 footcandle over the cartway.
(7)
All street lights shall be decorative in style and compatible
with the Township's streetscape lighting.
I.
Fences and walls.
(1)
To the extent possible, the use of retaining walls should be
used in the form of terraces to accommodate severe grade changes,
rather than single tall retaining walls. However, no individual retaining
wall shall exceed a height of 10 feet. Where provided, retaining walls
shall be screened with a variety of landscaping materials, in groupings,
rather than utilizing hedges or uniform plant species and spacing.
Retaining walls 10 feet or taller shall be offset from one another
so that the face of each retaining wall is no closer than five feet.
Retaining walls less than 10 feet shall be offset from one another
so that the face of each retaining wall is no closer than four feet.
A series of successive, terraced walls cannot be higher than 20 feet
in total.
(2)
Fences and walls shall not be located in any required sight
triangles.
(3)
When a wall or fence is installed on top of a berm, railroad
tie wall or other similar structure or mounding, and located within
six feet of the face or foot of the berm, wall or mounding, the height
of the fence shall include the height of the berm, retaining wall
or other mounding which is at a higher elevation than the predominant
grade of the property on which the fence is located. However, a safety
fence, no taller than four feet, shall not be included in the wall
or fence height calculation.
(4)
Fences between a building and a street shall be a maximum of
48 inches tall and not less than 50% open, such as picket fences and
post and rail fences, but in no instance shall said fence be made
of chain link or similar materials. For the purpose of corner lots,
both street frontages shall be treated as a front yard.
(5)
Fences that are not located between a building and the street
shall be a maximum of six feet in height. Chain link fences are prohibited.
(6)
Fences or walls around trash receptacles or compactors may be
a maximum of eight feet tall.
(7)
The horizontal members of fences shall be of the same material
composition as the vertical members and shall be no wider nor of greater
diameter than the vertical members and in no case shall be wider than
nor have a diameter greater than six inches.
(8)
The use of barbed wire, razor wire or similar shall not be permitted
on any fence or atop any wall, except for walls or fences where the
use of such is required by state or federal statute or regulation.
(9)
Fences and/or walls shall be designed and engineered to allow
for the flow of drainage.
J.
Site improvement standards. Streets, curbs, gutters, sidewalks, pavements,
street signs, parking lots, the water supply, fire hydrants, the sanitary
sewer system, and stormwater management shall be designed in accordance
with the residential site improvement standards.
K.
Parking.
(1)
Off-street parking shall be provided and designed in accordance
with the residential site improvement standards and the Americans
with Disabilities Act requirements.
(4)
Minimum off-street parking for multifamily dwellings: 1.8 spaces
per unit.
(5)
Parking spaces shall measure nine feet wide by 18 feet long.
(6)
There shall be no parking of recreational vehicles, trailers
or boats.
(7)
Parking spaces shall be designed in such a manner to ensure
vehicles do not encroach on the minimum required four-foot-wide sidewalks,
where sidewalks are required.
(8)
Hairpin striping shall be utilized to delineate parking spaces
in a parking lot.
(9)
A maximum of 10% of parking spaces may be compact. Compact spaces
shall measure 8.5 feet wide by 16 feet long.
L.
Circulation.
(1)
Walkways shall link all residential buildings within each section
of the development.
(2)
Where walkways traverse streets, crosswalks shall be delineated
by striping, a contrasting color or material. Where walkways traverse
the ring roads, crosswalks shall be provided and marked with textured
paving in a contrasting color or material.
(3)
Benches shall be located throughout the site along the pedestrian
network. Benches shall be installed at a minimum of one for every
750 linear feet of walkway. This requirement excludes sidewalks along
streets.
M.
Open space. A minimum of 5% of the tract, excluding any public parks,
shall be open space for the use of the residents. This may be linear
walking paths, passive spaces, active recreation areas or the like.
N.
Landscaping.
(1)
Landscaping shall be provided to promote a desirable visual
environment, to accentuate building design, define entranceways, screen
parking areas, mitigate adverse visual impacts and enhance buffer
areas. The landscape design shall create visual diversity and contrast
through variation in size, shaped, texture, and color. The selection
of plants in terms of susceptibility to disease and insect damage,
wind damage, habitat (wet-side, drought, sun, and shade tolerance),
soil conditions, growth rate, maintenance requirements, etc., shall
be considered.
(2)
Street trees.
(a)
Street trees shall be provided along all contiguous public streets,
an average of 50 feet on center. Street trees shall be provided along
all internal roadways, whether public or private, an average of 60
feet on center. The following species are permitted:
(b)
Trees shall be a minimum of 2.5 inches caliper and 10 feet in
height.
(c)
No more than 40% of the street trees shall be of the same species
and/or variety.
(3)
Foundation plantings. The landscape plan shall include foundation
plantings that provide an attractive visual setting for the development.
These plantings shall include species that provide seasonal interest
at varying heights to complement and provide pedestrian scale to the
proposed architectural design of the buildings. The foundation planting
shall incorporate evergreen shrubs and groups of small trees in order
to provide human scale to the building facades and winter interest.
Foundation plantings shall be planted along the front facades of all
buildings and along/beside primary building access points.
(4)
Tract buffer.
(a)
With respect to the entire tract, a minimum twenty-foot-wide
landscaped buffer shall be provided, except along the tract boundary
with the Research Laboratory and Office Zone, where the width shall
be a minimum of 10 feet. Within this buffer area, no existing tree
shall be cut or removed unless the tree is diseased or dead or necessary
for the installation of driveways, streets, or utilities.
(b)
Buffer plantings shall consist of a combination of shade trees,
evergreen trees, ornamental trees, and shrubs to provide a natural-looking
buffer while providing a visual screen.
(c)
Buffer plantings shall be a mixed planting and shall include
the following:
(d)
Existing shade and evergreen trees within the buffer area may
be counted in fulfilling the required buffer planting.
(e)
Buffer plants shall be the following size at the time of planting:
[1]
Shade trees shall be planted at a minimum three-inch caliper
and shall be a minimum of 12 feet in height, balled and burlapped.
[2]
Evergreen trees shall be planted at a minimum height of six
to eight feet, balled and burlapped.
[3]
Shrubs shall be planted at a minimum of 24 inches in height.
However, a minimum of 50% of the shrubs shall be taller than 24 inches
at installation. Fifty percent of shrubs shall be evergreen.
(f)
Shade trees shall be considered deciduous trees that mature
to a height of 50 feet or greater. Evergreen trees shall be considered
trees which mature to a height of 30 feet. Should narrower varieties
of evergreens be proposed for buffer plantings, additional plants
shall be required to achieve a visual screen.
(g)
No more than 25% of the plantings shall be of the same species
and/or variety of plant.
(h)
Proposed buffer plantings shall be arranged in a natural staggered
pattern and shall not be lined up in straight, single rows.
(5)
Parking lot landscaping.
(a)
For every 20 surface parking spaces there shall be one landscape
area, which may include the end caps, that is at least 162 square
feet.
(b)
The landscape area shall contain trees and/or shrubs.
(c)
Trees shall be a minimum of 2.5 inches caliper and shrubs shall
be at least 24 inches tall.
(d)
Parking spaces within 150 feet of an off-site residential use,
which face said residential use, shall be screened to a minimum height
of four feet by the use of appropriate plantings of sufficient height
and density so as to obscure the view of such parking from adjacent
off-site residential uses. The use of ground contouring, i.e., berms,
may be employed to assist with said screening.
(6)
Landscaping within sight triangles shall not exceed a mature
height of 30 inches.
(7)
Landscaping of any new stormwater management facilities shall
be as required by the development in accordance with NJDEP best management
plan requirements. Nonstructural facilities shall be considered in
the design of the proposed stormwater system to the extent practical.
(8)
The landscape plan shall be prepared by a certified landscape
architect certified by the New Jersey State Board of Landscape Architects.
(9)
Each application within the Residential Multi-Family Zone shall
be accompanied by a tree preservation plan. The plan shall identify
all trees six inches or greater dbh (diameter at breast height) to
be preserved. It should be noted that the tree survey provisions of
this section do not apply.
O.
Signs. The following types of signs are permitted in the Residential
Multi-Family District:
(1)
Monument signs.
(a)
Two monument signs shall be permitted at each site entrance.
(b)
The maximum sign area (excluding the base) shall be 40 square
feet per side. A monument sign may have two sides, which are parallel
to each other.
(c)
The maximum sign height shall be six feet above grade.
(d)
Monument signs shall be set back a minimum of 10 feet from any
property line and located outside of any sight triangles.
(e)
Monument signs may be externally illuminated.
(2)
Street address and building signs.
(3)
Wayfinding signage.
(a)
A maximum of 10 wayfinding signs are permitted per tract to
assist visitors to the site.
(b)
The maximum sign area shall be 12 square feet.
(c)
The maximum height shall be five feet.
(d)
Wayfinding signs shall be set back a minimum of 10 feet from
any tract boundary and located outside of any sight triangles.
(e)
Wayfinding signs may be internally or externally illuminated.
P.
Trash.
(1)
Trash receptacles and compactors shall not be visible from any
public street and shall be located to the rear or side of the building.
(2)
All trash receptables and compactors shall be screened by a
solid fence or solid decorative masonry wall on three sides and heavy-duty
gate closures on the fourth side.
(3)
The trash enclosure and/or compactor shall be surrounded and
screened on three sides by a mixture of deciduous and evergreen plant
species.
(4)
Trash pickup for the townhouse structures shall be curbside,
unless solid waste regulations or industry standards change that would
eliminate or modify the same. In such an instance, centralized trash
enclosures shall be installed, which are subject to the review and
approval of the Land Use Planning Board.
Q.
Utilities. All utilities shall be underground.
R.
Architectural standards.
(1)
Building facades visible from a public street shall consist
of brick, stone, cast stone, vinyl, cementitious plank siding or other
high-quality material.
(2)
Buildings shall avoid long, monotonous, uninterrupted walls
or roof planes. Building wall offsets, including projections such
as balconies, canopies and recesses shall be used in order to add
architectural interest and variety and to relieve the visual effect
of a simple, long wall.
(3)
The maximum spacing between building wall offsets shall be 30
feet.
(4)
The minimum projection or depth of any individual vertical offset
shall not be less than 1 1/2 feet.
(5)
Roofline offsets, which include dormers and gables, shall be
provided in order to provide architectural interest and variety to
the massing of a building and to relieve the effect of a single, long
roof. The maximum spacing between roof offsets shall be 40 feet.
(6)
The architectural treatment of the front facade shall be continued
in its major features around all visibly exposed sides of a building.
All sides of a building shall be architecturally designed to be consistent
with regard to style, materials, colors, and details.
(7)
Gable and hipped roofs shall be used to the greatest extent
possible. Both gable and hipped roofs shall provide overhanging eaves
on all sides that extend a minimum of one foot beyond the building
wall. Flat roofs are permitted provided that all visibly exposed walls
have an articulated cornice that projects horizontally from the vertical
building wall plane.
(8)
Fenestration shall be architecturally compatible with the style,
materials, colors, and details of the building. Windows shall be vertically
proportioned.
(9)
All entrances to a building shall be defined and articulated
by architectural elements such as lintels, pediments, pilasters, columns,
porticoes, porches, overhangs, railings, etc.
(10)
Heating, ventilating and air-conditioning systems, utility meters
and regulators, exhaust pipes and stacks, satellite dishes and other
telecommunications receiving devise shall be screened or otherwise
specially treated to be, as much as possible, inconspicuous as viewed
from the public right-of-way and adjacent properties.
(11)
All rooftop mechanical equipment shall be screened from view.
(12)
Packaged terminal air-conditioner units within the facade shall
blend in with the color of the surrounding facade materials.
S.
Generator standards.
(1)
Only one generator is allowed for each permanent structure.
(2)
Generators must be set back from any structure in accordance
with the manufacturer's requirements or applicable electrical and
fire codes.
(3)
The generator shall be used only during periods of emergency
or for weekly testing, and necessary maintenance operations.
(4)
The generator footprint, including the pad, shall count in the
calculation of impervious coverage.
(5)
The exhaust of the generator shall, as much as practically feasible,
be vented upwards and directed away from residential uses.
(6)
The generator shall be operated for routine testing and maintenance
purposes, not more than once in any seven-day period, and at no time
shall exceed 30 minutes. Testing of emergency generators is permitted
Monday through Saturday only (excluding holidays) between the hours
of 11:00 a.m. and 2:00 p.m.
(7)
Testing may be conducted when the unit is being repaired, provided
that such testing period shall not exceed 30 minutes and shall be
conducted as such between the hours of 10:00 a.m. and 5:00 p.m., Monday
through Saturday, excluding holidays.
(8)
The generator, shall always comply with any ordinance or regulation
of the Township of East Hanover imposing noise restrictions except
when used for emergency purposes, testing or repairs and said system
must, at all times, be outfitted with a working muffler and manufacturer-specified
sound attenuating enclosure/housing.
(9)
A generator must be screened and buffered on all sides.
(10)
Screening shall be as tall as top of the generator unit. The
screening shall be offset from the generator in conformance to the
manufacturer's specifications and in accordance with applicable electrical
and fire codes.
(11)
Screening shall be comprised of solid-faced fencing. The generator
fencing shall be entirely surrounded by landscaping with the exception
of the access gate. The Township Land Use Planning Board shall determine
the plantings required to buffer the generator. The generator shall
be located no closer than 30 feet to any residential use, 30 feet
to any recreational use, or 20 feet to any roadway or driveway. Any
generator within 30 feet of a roadway shall be protected by bollards.
However, a generator for water system purposes shall be no closer
than 30 feet to any residential use, five feet to any recreation use,
or 10 feet to any roadway or driveway. Any other generator required
or requested for the site shall require Planning Board approval.
(12)
The generator installation and continued operation must comply
with applicable federal, state and municipal codes, including New
Jersey Department of Environmental Protection (NJDEP) air quality
permitting.
[1]
Editor's Note: Former § 95-53.4,
RAH-2, Residential Affordable Housing Zone regulations, added 11-21-1989
by Ord. No. 16-1989 was repealed 7-24-1997 by Ord. No. 15-1997.
[Added 7-6-2020 by Ord. No. 4-2020]
The following standards shall apply to development in the Residential Multi-Family 2 Zone. Other provisions of Chapter 95, Land Use and Zoning, of the East Hanover Code shall apply to development in the Residential Multi-Family 2 Zone only where specifically indicated as applicable in § 95-53.5. When the standards herein conflict with other provisions of Chapter 95, the standards herein shall apply.
A.
Purpose. The purpose of this zone is to construct an inclusionary
housing development that provides credits towards the Township's affordable
housing obligation.
B.
Uses.
(2)
Permitted accessory uses.
(a)
Community center.
(b)
Fences and walls, including retaining walls.
(c)
Off-street parking.
(d)
Cooling tower, which shall be screened, and no more than 18
feet in height.
(e)
Electric vehicle charging stations.
(f)
Gazebos.
(g)
Public or private parks and open space facilities, including,
but not limited to, walkways, bikeways, courtyards, plazas, and community
gardens.
(h)
Leasing and management offices.
(i)
Temporary sales center.
(j)
Generators.
(k)
Clubrooms, lounges, game rooms, mail rooms, spa/salon, therapy
and gym areas, and similar interior common resident amenities incorporated
into a larger building design. These accessory uses shall not be in
stand-alone structures.
(l)
Signs.
(m)
Trash enclosures and compactors.
(n)
Public and private utilities.
C.
Bulk standards.
(1)
Minimum tract area: seven acres.
(2)
Minimum building setback from lot lines: 50 feet, but internal
RMF-2 Zone lot lines shall have a building setback of 30 feet.
(3)
Minimum distance between principal buildings: 75 feet.
(4)
Maximum building coverage: 40%.
(5)
Maximum impervious coverage: 60%.
(6)
Maximum density: 20 units per acre, up to a maximum of 225 units,
calculated on the overall zone acreage.
D.
Affordable housing requirements for multi-family, alternative living
and supportive housing:
(1)
All affordable units shall meet the very-low-/low-/moderate-income
split required by the Uniform Housing Affordability Controls, and
at least 13% of the required units shall be very-low-income as defined
by the Fair Housing Act (30% of the region's median income).
(2)
The affordable units shall have a minimum thirty-year deed restriction,
which may be extended at the unilateral discretion of the Township.
Any such affordable units shall comply with UHAC, applicable COAH
affordable housing regulations, the Fair Housing Act, any applicable
order of the court, and other applicable laws.
(3)
The affordable units shall meet the bedroom distribution required
by the Uniform Housing Affordability Controls.
(4)
The developer/owner of the affordable units shall utilize the
Township's Administrative Agent to oversee the sales and/or rentals
of the affordable housing units, at the developer's sole cost and
expense.
(5)
All necessary steps shall be taken to make the affordable units
creditworthy pursuant to applicable law for purposes of addressing
the Township's affordable housing obligation.
E.
Affordable housing requirements for assisted living facilities. Ten
percent of the beds within an assisted living facility shall meet
the requirements of N.J.A.C. 5:93-5.16.
F.
Affordable housing requirements for independent living facilities. Independent living facilities shall be subject to a nonresidential development fee pursuant to § 95-68.1.
G.
Site improvement standards. Streets, curbs, gutters, sidewalks, pavements,
street signs, parking lots, the water supply, fire hydrants, the sanitary
sewer system, and stormwater management shall be designed in accordance
with the Residential Site Improvement Standards.
H.
Parking.
(1)
Off-street parking shall be provided and designed in accordance
with the Residential Site Improvement Standards and the Americans
with Disabilities Act requirements, except as noted below.
(2)
Off-street parking for:
(a)
Assisted living facilities shall be provided at the rate of
0.8 space per unit.
(b)
Independent living facilities shall be provided at the rate
of one space per unit plus one space for each employee during the
peak shift.
(c)
Community centers shall be provided at the rate of 10 spaces
per 1,000 square feet of indoor building area comprising the same.
(3)
Parking spaces shall measure a minimum of nine feet wide by
18 feet long.
(4)
There shall be no parking of recreational vehicles, trailers
or boats.
(5)
Parking spaces shall be designed in such a manner to ensure
vehicles do not encroach on adjacent sidewalks. This restriction shall
not apply to sidewalks which are at least seven feet wide.
(6)
Hairpin striping shall be utilized to delineate parking spaces.
I.
Circulation.
(1)
Walkways shall link all buildings within each section of the
development.
(2)
Where walkways traverse streets, crosswalks shall be delineated
by striping, a contrasting color or material. Where walkways traverse
the driveways, crosswalks shall be provided and marked with textured
paving in a contrasting color or material.
(3)
Benches shall be located throughout the site along the pedestrian
network. Benches shall be installed, at a minimum of one for every
750 linear feet of walkway. This requirement excludes sidewalks along
public streets.
J.
Open space. A minimum of 10% of the tract shall be open space for
the use of the residents. This may be linear walking paths, passive
spaces, active recreation areas or the like.
K.
Landscaping.
(1)
Landscaping shall be provided to promote a desirable visual
environment, to accentuate building design, define entranceways, screen
parking areas, mitigate adverse visual impacts, and enhance buffer
areas. The landscape design shall create visual diversity and contrast
through variation in size, shape, texture, and color. The selection
of plants in terms of susceptibility to disease and insect damage,
wind damage, habitat (wet-side, drought, sun, and shade tolerance),
soil conditions, growth rate, maintenance requirements, etc., shall
be considered.
(2)
Street trees.
(a)
Street trees shall be provided along all contiguous public streets,
an average of 50 feet on center. Street trees shall be provided along
all internal roadways, whether public or private, an average of 60
feet on center. The following species are permitted:
(b)
Trees shall be a minimum of 2.5 inches caliper and 10 feet in
height.
(c)
No more than 40% of the street trees shall be of the same species
and/or variety.
(3)
Foundation plantings. The landscape plan shall include foundation
plantings that provide an attractive visual setting for the development.
These plantings shall include species that provide seasonal interest
at varying heights to complement and provide pedestrian scale to the
proposed architectural design of the buildings. The foundation planting
shall incorporate evergreen shrubs and groups of small trees in order
to provide human scale to the building facades and winter interest.
Foundation plantings shall be planted along the front facades of all
buildings and along/beside primary building access points.
(4)
Tract buffer.
(a)
Along Nike Drive, a minimum twenty-foot-wide landscaped buffer
shall be provided. Within this buffer area no existing tree shall
be cut or removed unless the tree is diseased or dead or necessary
for the installation of driveways, streets, or utilities.
(b)
Buffer plantings shall consist of a combination of shade trees,
evergreen trees, ornamental trees, and shrubs to provide a natural-looking
buffer while providing a visual screen.
(c)
Buffer plantings shall be a mixed planting and shall include
the following:
(d)
Existing shade and evergreen trees within the buffer area may
be counted in fulfilling the required buffer planting.
(e)
Buffer plants shall be the following size at the time of planting:
[1]
Shade trees shall be planted at a minimum three-inch caliper
and shall be a minimum of 12 feet in height, balled and burlapped.
[2]
Evergreen trees shall be planted at a minimum height of six
to eight feet, balled and burlapped.
[3]
Shrubs shall be planted at a minimum of 24 inches in height.
However, a minimum of 50% of the shrubs shall be taller than 24 inches
at installation. Fifty percent of shrubs shall be evergreen.
(f)
Shade trees shall be considered deciduous trees that mature
to a height of 50 feet or greater. Evergreen trees shall be considered
trees which mature to a height of 30 feet. Should narrower varieties
of evergreens be proposed for buffer plantings, additional plants
shall be required to achieve a visual screen.
(g)
No more than twenty-five percent (25%) of the plantings shall
be of the same species and/or variety of plant.
(h)
Proposed buffer plantings shall be arranged in a natural staggered
pattern and shall not be lined up in straight, single rows.
(6)
Landscaping within sight triangles shall not exceed a mature
height of 30 inches.
(7)
Landscaping of any new stormwater management facilities shall
be as required by the development in accordance with NJDEP best management
plan requirements. Nonstructural facilities shall be considered in
the design of the proposed stormwater system to the extent practical.
(8)
The landscape plan shall be prepared by a certified landscape
architect certified by the New Jersey State Board of Landscape Architects.
(9)
Each application within the Residential Multi-Family 2 Zone
shall be accompanied by a tree preservation plan. The plan shall identify
all trees six inches or greater dbh (diameter at breast height) to
be preserved. It should be noted that the tree survey provisions of
the ordinance do not apply.
L.
Lighting.
(1)
Low-pressure sodium or mercury vapor lighting is prohibited.
(2)
Parking lot lighting shall be no more than 20 feet in height.
(3)
A minimum average of 1/2 footcandle shall be maintained within
parking lots. A minimum average of 0.3 footcandle shall be maintained
over all pedestrian walkways that are adjacent to streets.
(4)
Parking lot fixtures shall be full cut off.
(5)
Footcandles at the tract boundary shall not exceed one footcandle,
except where there are entrance/exit driveways.
(6)
Private streets and/or driveways. Streetlights shall be installed
to provide a minimum average of 1.0 footcandle over the cartway.
M.
Fences and walls.
(1)
To the extent possible, the use of retaining walls should be
used in the form of terraces to accommodate severe grade changes,
rather than single tall retaining walls. However, no individual retaining
wall shall exceed a height of five feet.
(2)
Fences and walls shall not be located in any required sight
triangles.
(3)
When a wall or fence is installed on top of a berm, railroad
tie wall or other similar structure or mounding, and located within
six feet of the face or foot of the berm, wall or mounding, the height
of the fence shall include the height of the berm, retaining wall
or other mounding which is at a higher elevation than the predominant
grade of the property on which the fence is located. However, a safety
fence, no taller than four feet, shall not be included in the wall
or fence height calculation.
(4)
Fences between a building and a public street shall be a maximum
of 48 inches tall and not less than fifty percent (50%) open, such
as picket fences and post and rail fences, but in no instance shall
said fence be made of chain link or similar materials. For the purpose
of corner lots, both street frontages shall be treated as a front
yard.
(5)
Fences that are not located between a building and the street
shall be a maximum of six feet in height. Chain link fences are prohibited.
(6)
Fences or walls around trash receptacles or compactors may be
a maximum of six feet tall.
(7)
The use of barbed wire, razor wire or similar shall not be permitted
on any fence or atop any wall, except for walls or fences where the
use of such is required by state or federal statute or regulation.
(8)
Fences and/or walls shall be designed and engineered to allow
for the flow of drainage.
N.
Signs. The following types of signs are permitted in the Residential
Multi-Family District:
(1)
Monument signs.
(a)
One monument sign shall be permitted at each site entrance.
(b)
The maximum sign area of each monument sign (excluding the base)
shall be 40 square feet per side. A monument sign may have two sides,
which are parallel to each other.
(c)
The maximum sign height shall be six feet above grade.
(d)
Monument signs shall be set back a minimum of 10 feet from any
property line and located outside of any sight triangles.
(e)
Monument signs are permitted to be externally illuminated.
(2)
Building signage. Two building wall signs shall be permitted
on the primary structure of each parcel, each with a sign face of
up to 96 square feet. Building signs are permitted to be internally
or externally illuminated.
(3)
Temporary signage. Each parcel may have up to two temporary
signs at any time; each temporary sign may have a sign face of up
to 32 square feet.
(4)
Wayfinding signage.
(a)
A maximum of six wayfinding signs are permitted per parcel to
assist visitors to the site.
(b)
The maximum sign area shall be five square feet.
(c)
The maximum height shall be four feet.
(d)
Wayfinding signs shall be set back a minimum of eight feet from
any property line and located outside of any sight triangles.
(e)
Wayfinding signs may be internally or externally illuminated.
O.
Trash.
(1)
Trash receptacles and compactors shall not be visible from any
public street and shall be located to the rear or side of the building.
(2)
All trash receptables and compactors shall be screened by a
solid fence or solid decorative masonry wall on three sides and heavy-duty
gate closures on the fourth side.
(3)
The trash enclosure and/or compactor shall be surrounded and
screened on three sides by a mixture of deciduous and evergreen plant
species.
P.
Utilities. All utilities shall be underground.
Q.
Architectural standards.
(1)
Building facades visible from a public street shall consist
of brick, stone, cast stone, vinyl, cementitious plank siding or other
high-quality material.
(2)
Buildings shall avoid long, monotonous, uninterrupted walls
or roof planes. Building wall offsets, including projections such
as balconies, canopies and recesses shall be used in order to add
architectural interest and variety and to relieve the visual effect
of a simple, long wall.
(3)
The maximum spacing between building wall offsets shall be 35
feet.
(4)
The minimum projection or depth of any individual vertical offset
shall not be less than 1 1/2 feet.
(5)
Roofline offsets, which include dormers and gables, shall be
provided in order to provide architectural interest and variety to
the massing of a building and to relieve the effect of a single, long
roof. The maximum spacing between roof offsets shall be 40 feet.
(6)
The architectural treatment of the front facade shall be continued
in its major features around all visibly exposed sides of a building.
All sides of a building shall be architecturally designed to be consistent
with regard to style, materials, colors, and details.
(7)
Gable and hipped roofs shall be used to the greatest extent
possible. Both gable and hipped roofs shall provide overhanging eaves
on all sides that extend a minimum of one foot beyond the building
wall. Flat roofs are permitted, provided that all visibly exposed
walls have an articulated cornice that projects horizontally from
the vertical building wall plane.
(8)
Fenestration shall be architecturally compatible with the style,
materials, colors, and details of the building. Windows shall be vertically
proportioned.
(9)
All entrances to a building shall be defined and articulated
by architectural elements such as lintels, pediments, pilasters, columns,
porticoes, porches, overhangs, railings, etc.
(10)
Heating, ventilating and air-conditioning systems, utility meters
and regulators, exhaust pipes and stacks, satellite dishes and other
telecommunications receiving devices shall be screened or otherwise
specially treated to be, as much as possible, inconspicuous as viewed
from the public right-of-way and adjacent properties.
(11)
All rooftop mechanical equipment shall be screened from view.
(12)
Packaged terminal air conditioner units within the facade shall
blend in with the color of the surrounding facade materials.
R.
General.
(1)
All applications within the Residential Multi-Family 2 District shall prepare and submit an environmental impact study as outlined in § 95-39.1.
(2)
All applications within the Residential Multi-Family 2 District shall comply with § 95-39.2, Performance standards for all uses.
[1]
Editor's Note: Former § 95-53.5, RAH-3, Residential
Affordable Housing Zone regulations, added 11-21-1989 by Ord. No.
20-1989, was repealed 6-13-1996 by Ord. No. 12-1996; 5-15-1997 by
Ord. No. 16-1997; 12-18-1997 by Ord. No. 39-1997; and 12-18-1997 by
Ord. No. 40-1997.
[Added 12-3-1992 by Ord. No. 24-1992[1]; amended 10-2-2017 by Ord. No. 13-2017; 12-6-2021 by Ord. No. 14-2021; 12-6-2021 by Ord. No. 15-2021; 6-5-2023 by Ord. No. 2-2023; 3-4-2024 by Ord. No. 01-2024]
A.
Purpose of the SED District.
(1)
The SED (Special Economic Development) Industrial District is
designed to facilitate the creation of a twenty-first-century workplace
over multiple lots that attract today's and tomorrow's workforce.
The District seeks to draw science, technology, and health companies
to create a quality employment center within the Township.
B.
Permitted principal uses shall be as follows:
(2)
Business, corporate, and professional offices for executive
and administrative purposes.
(3)
The finishing or assembling of articles made from previously
prepared or refined materials, for example, component assembly.
(4)
The preparation and fabrication of metals and metal products
or chemicals and chemical products.
(5)
Research and product development activities, including laboratories
and structures and facilities used in connection therewith and the
testing, sale, or lease of articles designed and produced in such
laboratories.
(6)
Electronic data centers.
(7)
The manufacture and/or assembly of plastic products as listed
under the North American Industry Classification Systems - 326 Plastics
and Rubber Products Manufacturing.
(8)
Technical training institutions and schools.
(10)
Co-working offices.
(11)
Production studios.
(12)
Multiple permitted uses are allowed on the same parcel and in
a single building.
C.
Permitted accessory uses shall be as follows:
(1)
Buildings, structures and uses which are required to satisfy
local, state or federal regulatory or environmental requirements related
to the pharmaceutical research and manufacturing uses or other uses
permitted within the zone.
(2)
Utility buildings and uses, including detached mechanical and
electrical facilities.
(3)
Off-street parking and parking structures.
(4)
Indoor and outdoor recreational facilities, including, but not
limited to, day care, ball fields and gyms.
(6)
Regional stormwater detention facilities and private water systems.
(7)
Resource recovery, recycling and waste disposal facilities for
materials generated on site.
(8)
Pollution prevention and control facilities.
(9)
Maintenance, supply, and equipment storage facilities.
(10)
Outdoor dining.
(11)
Gazebos.
(12)
Outdoor storage, subject to the following conditions:
(b)
Outdoor storage areas shall not be visible from a public street
or any adjacent residential use.
(c)
Outdoor storage shall be fully screened from public streets
and adjacent residential uses by either a six-foot-tall solid fence
or a minimum six-foot-tall, staggered row of evergreen trees.
(d)
Outdoor storage shall be limited to 5% of the principal building's
footprint.
(14)
Amphitheater.
(15)
Conference and meeting facilities.
(16)
Roof-mounted solar.
(17)
The following uses are permitted, but they are restricted to
the employees of the site, their family members, and contractors and
visitors to the site. Said uses shall not be available to the public.
(18)
Such other uses as are clearly accessory to the principal structure
and uses.
(19)
Multiple permitted accessory uses are allowed on the same parcel
and in a single building.
E.
Buffer area requirement. There shall be established along any lot
line, which is immediately adjacent to existing residential uses or
zones, a 100-foot buffer area from buildings. Vegetation and hardwood
forests within buffer areas shall be preserved and supplemented where
necessary in order to provide screening between this zone and adjacent
single-family dwellings. Permitted uses within this buffer area shall
include roadways for security purposes, drainage swales and water
retention facilities.
F.
Bulk requirements.
(1)
Minimum lot size: 15 acres.
(2)
Minimum yard setbacks:
(a)
From Route 10: 75 feet.
(b)
From Ridgedale Avenue: 50 feet.
(c)
From an adjacent residential zone or lot: 100 feet.
(d)
From an adjacent nonresidential zone or lot: 50 feet. However,
buildings existing as of October 1, 2023, may be 25 feet from any
adjacent nonresidential zone or lot.
(e)
Accessory uses and structures (excluding parking structures,
which shall be treated as a principal structure for purpose of setbacks)
from public street rights-of-way and adjacent residential parcels
and zones: 50 feet.
(f)
Accessory uses and structures (excluding parking structures,
which shall be treated as a principal structure for purpose of setbacks)
from all other property lines: 20 feet.
(3)
Maximum building coverage: 30%.
(4)
Maximum lot coverage: 60%.
(5)
Maximum building height:
(a)
Principal buildings: 75 feet.
(b)
Parking structures: 65 feet.
(c)
Parapets, mechanical equipment, screening associated with such
equipment, and any other structure located on the roof shall extend
no more than five feet above the maximum permitted building height.
(d)
Accessory buildings and structures: 25 feet.
(6)
More than one principal building is permitted on a lot.
G.
Other provisions and requirements.
(1)
Off-street parking.
(a)
Off-street parking shall be provided on the same lot as the
use which it is intended to serve and it shall be located outside
of the required yard setbacks from Route 10, Ridgedale Avenue, and
any residential zone or lot. Parking shall be provided as follows:
[1]
Office, co-working office, and health/wellness/medical offices:
One space per 400 square feet of net floor area.
[2]
Electronic data centers: Three spaces per four employees on
the peak shift.
[3]
Technical and training institutions and schools: One space for
each 1.25 persons employed therein, plus one space for each five students.
[4]
Research activities: One space for each 500 square feet of net
floor area or one space per employee on the peak shift, whichever
is greater.
[5]
Dry cleaner, instructional use, pet day care, day care, cafeteria
and dining areas, restaurant and eatery restaurant, retail, and salon:
No parking requirement.
(2)
The cumulative parking requirements for all land uses on a parcel
may be reduced if it can be demonstrated that the peak usage of multiple
land uses occur at different times. In order to obtain approval for
a reduction of the cumulative parking requirement based on shared
parking principles, a Shared Parking Plan prepared by a licensed engineer
or planner shall be submitted for review and approval by the Board.
The Shared Parking Plan shall be based on a shared parking model published
by the Institute of Transportation Engineers (ITE), the Urban Land
Institute (ULI) or other widely accepted industry model.
(3)
All parking spaces shall be a minimum of nine feet by 18 feet
and shall be delineated with hairpin striping.
(4)
Loading facilities.
(a)
Where goods, merchandise, materials or equipment are delivered
to, shipped from or loaded at a use, an off-street loading area must
be planned and provided in accordance with the following:
[1]
Buildings within 100 feet of Ridgedale Avenue and Route 10 shall
not have a loading dock facing the public street. Buildings within
250 feet of a residential zone or lot shall not have a loading dock
facing said residential zone or lot.
[2]
A buffer shall be provided to shield the loading area from view
of the public right-of-way or an adjacent residential property. A
buffer shall consist of a six-foot-tall solid fence or a double row
of staggered evergreens a minimum of six feet tall.
[3]
The site plan application shall include a full description of
the nature and extent of the loading and unloading operations to be
undertaken at the use as well as the types of materials involved,
including any materials which may be hazardous, toxic or have special
handling considerations.
[4]
The site plan application shall identify the number and types
of vehicles, including, but not limited to, flatbed trucks, tractor-trailer
trucks, tank trucks and pickup trucks, that shall be loaded or unloaded,
the duration of the loading or unloading operations and the maximum
number of vehicles by type expected to be loading or unloading at
one time.
(5)
Refuse.
(a)
Outdoor refuse and recycling containers shall be visually screened
within a durable enclosure, six feet or taller, so as not to be visible
from adjacent lots or streets.
(b)
No refuse and recycling storage areas shall be permitted between
a street and the front of a building.
(c)
All materials or waste which might cause fumes or dust or which
constitute a fire hazard, or which may be edible or otherwise attractive
to rodents or insects shall be stored outdoors only if enclosed in
solid and covered containers which are adequate to eliminate such
hazards.
(d)
Refuse and recycling collection enclosures shall be designed
of durable materials, with finishes and colors which are unified and
harmonious with the overall architectural theme.
H.
Development within the SED District shall comply with the Township's Affordable Housing Development Fee Ordinance found in § 95-68.1.
I.
All parcels within the SED District shall have passenger vehicle
access to both Route 10 and Ridgedale Avenue. This may be accomplished
through easements or a private road network.
J.
Waivers of site plan submission requirements. Notwithstanding any provision set forth elsewhere in this chapter, the Planning Board may waive any engineering, construction and design requirements contained in this chapter and other Township ordinances, including, but not limited to, §§ 95-39 and 95-39.2, in order to achieve the objectives of the SED Zone and necessary to facilitate approval, provided that the Planning Board shall be satisfied that such waiver does not jeopardize the public health and safety. Section 39.1 of Article VI of this chapter of the Code of the Township of East Hanover shall be inapplicable to development applications in the SED Zone District.
K.
Contribution to off-tract improvements. A developer in the SED Zone
shall not be requested or required to construct or contribute in any
manner to any off-tract improvement unless over 50% of the need for
such improvement is demonstrated to be necessitated by the proposed
development. Where such construction or contribution may be required
pursuant to this section, the developer's responsibility shall be
no greater than a fair share of the cost of such improvements, based
on the proportion of any improvement which is directly necessitated
by the proposed development.
[1]
Editor's Note: Original Section IV of this
ordinance provided for the fast-tracking obligation by the Township
for the rezoned property; original Section V, regarding water capacity,
sanitary sewers and utilities, amended Section VI of Ord. No. 14-1989,
which section is not included in this chapter. Copies of these original
ordinances are on file in the office of the Township Clerk.
[Added 6-13-1996 by Ord. No. 13-1996; amended 5-15-1997 by Ord. No. 17-1997; 12-18-1997 by Ord. No. 41-1997]
A.
Purpose. The purpose of this zone is to provide the
opportunity for development of rental affordable housing units for
both age-restricted and non-age-restricted use as required by the
Constitution of the State of New Jersey and the Fair Housing Act[1] and to establish one contiguous affordable housing zone.
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et
seq.
B.
Permitted uses.
(1)
Permitted uses shall be limited to multiple
single-family dwellings and multiple-family dwellings and corresponding
recreational facilities.
(2)
A total of 96 dwellings shall be permitted of
which 60 affordable age-restricted rental units shall be permitted
and 36 affordable non-age-restricted rental units shall be permitted
in accordance with the rules and regulations of COAH.
C.
Standards for development. The standards for development
shall be as follows:
(1)
Not more than 20% of the site area shall be
covered by buildings.
(2)
The buildings shall not exceed three living
stories, excluding garages, nor shall they exceed 35 feet in height
as building height is determined under the Township Land Use Ordinance.
No apartments shall be built with any part below the outside ground
level.
(3)
Interior roadways shall be private and have
a cartway width of 24 feet for two-way traffic and 18 feet for one-way
traffic subject to the reasonable review and approval of the Fire
Subcode Official.
(4)
Parking requirements shall be 1.5 spaces for
each one-bedroom or efficiency unit, if any, and two spaces for each
other unit. Parking spaces shall not be smaller than nine feet in
width by 19 feet in length. A garage and driveway together shall count
as two spaces. No parking space shall be located closer than 10 feet
to the building, except where parking spaces are located within attached
garages or within the building and except for driveways serving garages.
(5)
Age-restricted rental units and non-age-restricted
units shall not be mixed in the same building.
(6)
Residential buildings shall consist of not more than 24 dwelling units, subject to considerations of overall sound project design. Each residential building shall be at least 30 feet from any other, except where necessary to achieve the unit yield specified in Subsection B or to promote overall sound project design.
D.
Other requirements.
(1)
Miscellaneous recreational facilities shall
be incorporated into common open spaces. These facilities shall provide
active and passive recreation.
(2)
The developer shall submit a housing plan in conformance with housing affordability regulation § 95-46P of this chapter. No development shall occur until the housing plan has received approval of the East Hanover Township Council or its assigns.
(3)
A conveyance by deed, subject to approval of
East Hanover Township, of the 13.88 acres of land, designated as Block
96, Lot 50, from the federal government shall be required.
[Added 12-12-2019 by Ord. No. 19-2019]
A.
Uses. In the Residential Multi-Family 2 Overlay District, no lot
shall be used, and no building shall be erected, altered or occupied
for any purposes other than the following:
(2)
Permitted accessory uses.
(a)
Fences and wall, including retaining walls.
(b)
Off-street parking and garages incorporated into the building
design.
(c)
Clubhouses.
(d)
Public or private recreational facilities, including, but not
limited to community pools, tennis courts, and playgrounds.
(e)
Lounge, mail room, and similar interior common residential amenities
incorporated into a larger building design.
(f)
Trash enclosures and compactors.
(g)
Common or centralized mailboxes.
(h)
Public and private utilities.
B.
Bulk standards.
(1)
Minimum lot size: eight acres.
(4)
Dimensional requirements:
(a)
Maximum townhouse and stacked townhome length: 160 feet.
(b)
Maximum multifamily building length: 200 feet.
(c)
Maximum number of units before vertical break: two units.
(d)
Minimum front of townhouse building to inside of sidewalk along
a public or private street: 18 feet.
(e)
Minimum building to off-street parking spaces: 10 feet. This
standard does not apply to a facade that contains garage doors.
(5)
Maximum building coverage: 50%.
(6)
Maximum impervious coverage: 65%.
(7)
Maximum density: 10 units to the acre.
(8)
Maximum building height: four stories and 48 feet; however,
when a structure is within 100 feet of any single-family residence
boundary line, buildings shall be no taller than three stories and
38 feet.
C.
Affordable housing requirements.
(1)
The Residential Multi-Family 2 Overlay District shall have an
obligation to deed-restrict 20% of the units built as affordable units
regardless of tenure. The units shall meet the very-low-low-moderate-income
split required by the Uniform Housing Affordability Controls and 13%
of the required units shall be very-low income as defined by the Fair
Housing Act (30% of the region's median income).
(2)
Affordable units shall be dispersed throughout the site and
designed to be architecturally compatible with the market-rate units.
(3)
The affordable units shall have at least a thirty-year deed
restriction. Any such affordable units shall comply with Uniform Housing
Affordability Code, applicable COAH affordable housing regulations,
the Fair Housing Act,[1] any applicable order of the Court, and other applicable
laws.
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
(4)
The units shall meet the bedroom distribution required by the
Uniform Housing Affordability Controls.
(5)
The developer/owner shall be responsible for retaining a qualified
administrative agent, subject to the reasonable approval of the Township
Council to oversee the sales/rentals of the affordable housing units,
at the developer's sole cost and expense.
(6)
All necessary steps shall be taken to make the affordable units
provided creditworthy pursuant to applicable law for purposes of addressing
the Township's affordable housing obligation.
D.
Parking.
(1)
Off-street parking shall be provided and designed in accordance
with the residential site improvement standards and the Americans
with Disabilities Act requirements.
(2)
Parking spaces shall measure nine feet wide by 18 feet long.
(3)
There shall be no parking of recreational vehicles, trailers,
or boats.
(4)
Hairpin striping shall be utilized to delineate parking spaces
in a parking lot.
E.
Tract buffer.
(1)
Where the site adjoins single-family detached homes, a minimum
twenty-foot-wide landscaped buffer shall be provided. Within this
buffer area no existing tree shall be cut or removed unless the tree
is diseased or dead or necessary for the installation of driveways,
streets, or utilities.
(2)
Buffer plantings shall consist of a combination of shade trees,
evergreen trees, ornamental trees, and shrubs to provide a natural
looking buffer while providing a visual screen.
(4)
Existing shade and evergreen trees within the buffer area may
be counted in fulfilling the required buffer planting.
(5)
Buffer plants shall be the following size at the time of planting:
(a)
Shade trees shall be planted at a minimum three-inch caliper
and shall be a minimum of 12 feet in height, balled and burlapped.
(b)
Evergreen trees shall be planted at a minimum height of six
to eight feet, balled and burlapped.
(c)
Shrubs shall be planted at a minimum of 24 inches in height.
However, a minimum of 50% of the shrubs shall be taller than 24 inches
at installation. 50% of shrubs shall be evergreen.
(d)
Shade trees shall be considered deciduous trees that mature
to a height of 50 feet or greater. Evergreen trees shall be considered
trees which mature to a height of 30 feet. Should narrower varieties
of evergreens be proposed for buffer plantings, additional plants
shall be required to achieve a visual screen.
(e)
No more than 25% of the plantings shall be of the same species
and/or variety of plant.
(f)
Proposed buffer plantings shall be arranged in a natural staggered
pattern and shall not be lined up in straight, single rows.
F.
Signs. The following types of signs are permitted in the Residential
Multi-Family 2 Overlay District:
(1)
Monument signs.
(a)
One sign per street frontage is permitted.
(b)
The maximum sign area, excluding the base, shall be 40 square
feet per side.
(c)
The maximum sign height shall be six feet above grade.
(d)
Monument signs shall be set back a minimum of 10 feet from any
property line and located outside of any sight triangles.
(e)
Monument signs may be externally illuminated.
(2)
Street address and building signs.
G.
Utilities. All utilities shall be underground.
H.
Architectural standards.
(1)
Building facades visible from a public street shall consist
of brick, stone, cast stone, cementitious plank siding or other high-quality
material.
(2)
Buildings shall avoid long, monotonous, uninterrupted walls
or roof planes. Building wall offsets, including projections such
as balconies, canopies and recesses shall be used to add architectural
interest and variety and to relieve the visual effect of a simple,
long wall.
(3)
The maximum spacing between building wall offsets shall be 30
feet.
(4)
The minimum projection or depth of any individual vertical offset
shall not be less than one and one-half feet.
(5)
Roofline offsets, which include dormers and gables, shall be
provided to provide architectural interest and variety to the massing
of a building and to relieve the effect of a single, long roof. The
maximum spacing between roof offsets shall be 40 feet.
(6)
The architectural treatment of the front facade shall be continued
in its major features around all visibly exposed sides of a building.
All sides of a building shall be architecturally designed to be consistent
regarding style, materials, colors, and details.
(7)
Gable and hipped roofs shall be used to the greatest extent
possible. Both gable and hipped roofs shall provide overhanging eaves
on all sides that extend a minimum of one foot beyond the building
wall. Flat roofs are permitted provided that all visibly exposed walls
have an articulated cornice that projects horizontally from the vertical
building wall plane.
(8)
Fenestration shall be architecturally compatible with the style,
materials, colors, and details of the building. Windows shall be vertically
proportioned.
(9)
All entrances to a building shall be defined and articulated
by architectural elements such as lintels, pediments, pilasters, columns,
porticoes, porches, overhangs, railings, etc.
(10)
Heating, ventilating and air-conditioning systems, utility meters
and regulators, exhaust pipes and stacks, satellite dishes and other
telecommunications receiving devices shall be screened or otherwise
specially treated to be, as much as possible, inconspicuous as viewed
from the public right-of-way and adjacent properties.
(11)
All rooftop mechanical equipment shall be screened from view.
[Added 12-12-2019 by Ord. No. 19-2019]
A.
Uses. In the Residential Multi-Family 3 Overlay District, no lot
shall be used, and no building shall be erected, altered or occupied
for any purposes other than the following:
(2)
Permitted accessory uses.
(a)
Fences and walls, including retaining walls.
(b)
Off-street parking and garages incorporated into the building
design.
(c)
Clubhouses.
(d)
Public or private recreational facilities, including, but not
limited to, community pools, tennis courts, and playgrounds.
(e)
Lounge, mail room, and similar interior common residential amenities
incorporated into a larger building design.
(f)
Trash enclosures and compactors.
(g)
Common or centralized mailboxes.
(h)
Public and private utilities.
B.
Bulk standards.
(1)
Minimum lot size: 50 acres.
(2)
Minimum tract setback: 50 feet.
(4)
Dimensional requirements:
(a)
Maximum townhouse and stacked townhome length: 160 feet.
(b)
Maximum multifamily building length: 200 feet.
(c)
Maximum number of units before vertical break: two units.
(d)
Minimum front of townhouse building to inside of sidewalk along
a public or private street: 18 feet.
(e)
Minimum building to off-street parking spaces: 10 feet. This
standard does not apply to a facade that contains garage doors.
(5)
Maximum building coverage: 50%.
(6)
Maximum impervious coverage: 65%.
(7)
Maximum density: 15 units to the acre.
(8)
Maximum building height: five stories and 58 feet, which is
one story of parking with four residential floors above.
C.
Affordable housing requirements.
(1)
The Residential Multi-Family 3 Overlay District shall have an
obligation to deed-restrict 20% of the units built as affordable units
regardless of tenure. The units shall meet the very-low-low-moderate-income
split required by the Uniform Housing Affordability Controls and 13%
of the required units shall be very-low-income as defined by the Fair
Housing Act[1] (30% of the region's median income).
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
(2)
Affordable units shall be dispersed throughout the site and
designed to be architecturally compatible with the market-rate units.
(3)
The affordable units shall have at least a thirty-year deed
restriction. Any such affordable units shall comply with Uniform Housing
Affordability Controls, applicable COAH affordable housing regulations,
the Fair Housing Act, any applicable order of the Court, and other
applicable laws.
(4)
The units shall meet the bedroom distribution required by the
Uniform Housing Affordability Controls.
(5)
The developer/owner shall be responsible for retaining a qualified
administrative agent, subject to the reasonable approval of the Township
Council to oversee the sales/rentals of the affordable housing units,
at the developer's sole cost and expense.
(6)
All necessary steps shall be taken to make the affordable units
provided creditworthy pursuant to applicable law for purposes of addressing
the Township's affordable housing obligation.
D.
Parking.
(1)
Off-street parking shall be provided and designed in accordance
with the residential site improvement standards and the Americans
with Disabilities Act requirements.
(2)
Parking spaces shall measure nine feet wide by 18 feet long.
(3)
There shall be no parking of recreational vehicles, trailers,
or boats.
(4)
Hairpin striping shall be utilized to delineate parking spaces
in a parking lot.
E.
Tract buffer.
(1)
Where the site adjoins single-family detached homes, a minimum
twenty-foot-wide landscaped buffer shall be provided. Within this
buffer area no existing tree shall be cut or removed unless the tree
is diseased or dead or necessary for the installation of driveways,
streets, or utilities.
(2)
Buffer plantings shall consist of a combination of shade trees,
evergreen trees, ornamental trees, and shrubs to provide a natural-looking
buffer while providing a visual screen.
(4)
Existing shade and evergreen trees within the buffer area may
be counted in fulfilling the required buffer planting.
(5)
Buffer plants shall be the following size at the time of planting:
(a)
Shade trees shall be planted at a minimum three-inch caliper
and shall be a minimum of 12 feet in height, balled and burlapped.
(b)
Evergreen trees shall be planted at a minimum height of six
to eight feet, balled and burlapped.
(c)
Shrubs shall be planted at a minimum of 24 inches in height.
However, a minimum of 50% of the shrubs shall be taller than 24 inches
at installation. 50% of shrubs shall be evergreen.
(d)
Shade trees shall be considered deciduous trees that mature
to a height of 50 feet or greater. Evergreen trees shall be considered
trees which mature to a height of 30 feet. Should narrower varieties
of evergreens be proposed for buffer plantings, additional plants
shall be required to achieve a visual screen.
(e)
No more than 25% of the plantings shall be of the same species
and/or variety of plant.
(f)
Proposed buffer plantings shall be arranged in a natural staggered
pattern and shall not be lined up in straight, single rows.
F.
Signs. The following types of signs are permitted in the Residential
Multi-Family 2 Overlay District:
(1)
Monument signs.
(a)
One sign per street frontage is permitted.
(b)
The maximum sign area, excluding the base, shall be 40 square
feet per side.
(c)
The maximum sign height shall be six feet above grade.
(d)
Monument signs shall be set back a minimum of 10 feet from any
property line and located outside of any sight triangles.
(e)
Monument signs may be externally illuminated.
(2)
Street address and building signs.
G.
Utilities. All utilities shall be underground.
H.
Architectural standards.
(1)
Building facades visible from a public street shall consist
of brick, stone, cast stone, cementitious plank siding or other high-quality
material.
(2)
Buildings shall avoid long, monotonous, uninterrupted walls
or roof planes. Building wall offsets, including projections such
as balconies, canopies and recesses shall be used to add architectural
interest and variety and to relieve the visual effect of a simple,
long wall.
(3)
The maximum spacing between building wall offsets shall be 30
feet.
(4)
The minimum projection or depth of any individual vertical offset
shall not be less than one and one-half feet.
(5)
Roofline offsets, which include dormers and gables, shall be
provided to provide architectural interest and variety to the massing
of a building and to relieve the effect of a single, long roof. The
maximum spacing between roof offsets shall be 40 feet.
(6)
The architectural treatment of the front facade shall be continued
in its major features around all visibly exposed sides of a building.
All sides of a building shall be architecturally designed to be consistent
regarding style, materials, colors, and details.
(7)
Gable and hipped roofs shall be used to the greatest extent
possible. Both gable and hipped roofs shall provide overhanging eaves
on all sides that extend a minimum of one foot beyond the building
wall. Flat roofs are permitted provided that all visibly exposed walls
have an articulated cornice that projects horizontally from the vertical
building wall plane.
(8)
Fenestration shall be architecturally compatible with the style,
materials, colors, and details of the building. Windows shall be vertically
proportioned.
(9)
All entrances to a building shall be defined and articulated
by architectural elements such as lintels, pediments, pilasters, columns,
porticoes, porches, overhangs, railings, etc.
(10)
Heating, ventilating and air-conditioning systems, utility meters
and regulators, exhaust pipes and stacks, satellite dishes and other
telecommunications receiving devices shall be screened or otherwise
specially treated to be, as much as possible, inconspicuous as viewed
from the public right-of-way and adjacent properties.
(11)
All rooftop mechanical equipment shall be screened from view.
A.
Uses. In the Business B-1 Zone, no lot shall be used
and no building shall be erected, altered or occupied for any purpose
other than the following:
(1)
Permitted uses.
(a)
Same as specified for Residence R.15 Zone and
subject to all requirements of that zone.
(b)
Stores, shops and markets where goods are sold
at retail or where personal services are rendered; provided that:
[1]
All goods or products fabricated or processed
incidental to such use shall be sold at retail on the premises.
[2]
Such fabricating or processing done on the premises
shall be done by not more than three persons so employed at any one
time.
[3]
Such fabricating or processing shall be confined
to the first floor and basement of the premises, and no supplies,
materials or goods shall be stored or displayed for retail sale or
rental outdoors.
(c)
Business and professional offices, banks and
fiduciary institutions.
(d)
Parking lot for private passenger vehicles and
business-related commercial vehicles not exceeding two tons, but not
for the storage of used or new motor vehicles for sale or hire unless
incidental to the operation conducted on the premises.
(e)
Restaurants, eatery restaurants and take-out restaurants.
[Amended 12-7-2020 by Ord. No. 9-2020]
(f)
Mortuary or funeral homes.
(g)
Theater, bowling alley and other similar commercial
recreation, provided their activity is carried on entirely within
a building.
(h)
Automobile salesrooms, provided no used or new
motor vehicles are stored within the front yard area.
(i)
Uses similar to those listed above.
(j)
Instructional uses.
[Added 11-4-2015 by Ord.
No. 13-2015]
B.
Prohibited uses. Although it should be understood that any use which is not specifically permitted in Subsection A of this section is thereby prohibited, the following uses and activities are specifically prohibited in the Business B-1 Zone:
[Amended 8-17-1982 by Ord. No. 24-1982]
(1)
Drive-in theater.
(2)
Motel, cabin, trailer court, tourist home and hotel.
(3)
Billiard room.
(4)
Used car lot or trailer sales unless accessory to
the sale or leasing of new vehicles actually conducted on the same
lot.
(5)
Automobile laundry or car-wash establishment.
(6)
Coin-operated dispensers, including mechanical and
automatic machines in which a product is returned, except when located
in a principal building.
(7)
Commercial public auctions, whether open or closed.
(8)
Retail use in excess of 35,000 square feet of gross
floor area.
[Added 3-20-1997 by Ord. No. 6-1997]
(9)
Any establishment engaged in the sale of goods or
materials or storing, displaying or selling goods or materials where
forklifts are utilized in areas open to the public, when open to the
public, to move merchandise and/or load or unload a customer vehicle.
[Added 3-20-1997 by Ord. No. 6-1997]
(10)
Restaurants, eatery restaurants, and take-out restaurants with
a drive-through.
[Added 12-7-2020 by Ord.
No. 9-2020]
C.
Other provisions and requirements.
(1)
Area requirements.
(b)
One side yard and rear yard required adjacent
to a residence zone equal to the larger of the two sides and equal
to the rear yard requirements in such adjacent residential zone.
(c)
The minimum side yard requirements may be waived
in locations where the adjoining property is in a business zone, provided
that all other requirements with respect to parking, servicing and
access as specified in this article are provided. The waiving of the
side yard requirements shall be subject to the approval of the Planning
Board.
(2)
Off-street parking space. The "floor area" as used
herein is that area used or intended to be used for service to the
public as customers, patrons, clients, patients or tenants, including
areas occupied by fixtures and equipment and used for the display
or sale of merchandise, but not including storage area. One space
shall be required for each two employees or operators, plus:
(a)
Retail stores: one space for each 300 square
feet of floor area or portion thereof.
(b)
Business, professional offices and banks: one
space for each 400 square feet of floor area.
(c)
Restaurants and eatery restaurants: one space for every two
seats/stools, plus one space for every two linear feet of bar or counter
space where patrons may eat/drink while standing. One space for each
two employees shall not be required for restaurants and eatery restaurants.
[Amended 12-7-2020 by Ord. No. 9-2020]
(d)
Mortuary or funeral home: one space for each
car used in connection with the business, plus one space for each
40 square feet of assembly room floor area.
(e)
Theater or similar commercial recreation and
so forth: one space for each five seats provided for its patrons (based
on maximum seating capacity).
(f)
Bowling alley: four spaces for each alley.
(g)
Public utility installation: one space for each
two employees.
(h)
Instructional uses: one space for each 120 square feet of public
area for uses with less than 5,000 square feet of public area. For
uses with 5,000 or more square feet of public area, the parking requirement
shall be determined based on the peak number of students and employees.
[Added 11-4-2015 by Ord.
No. 13-2015]
(i)
Take-out restaurants: four spaces.
[Added 12-7-2020 by Ord.
No. 9-2020]
(3)
All parking spaces provided for business uses in this
section may be located on a lot within 300 feet of the premises of
the building they are intended to serve, but only if it is determined
by the appropriate municipal board that it is impractical to provide
the required parking spaces on the same lot as the building they are
intended to serve.
(4)
Nothing in this article shall be construed to prevent
collective provision of off-street parking facilities by two or more
buildings or uses located on adjacent lots, provided that the off-street
parking facilities shall not be less than the sum of the requirements
for the various individual uses computed separately in accordance
with the standards contained in this section, and further provided
that the land is owned by one or more of the collective users.
(5)
If more than one user collectively meets the off-street
parking requirements of this article, all users shall specify the
parking requirements being furnished by each at the time of site plan
approval. Said site plan resolution shall provide as a condition that
all subsequent owners or users of the premises shall be bound by the
parking facilities collectively provided and agreed to by the original
users.
(6)
Off-street loading and unloading area shall be provided
in sufficient amount to permit the transfer of goods and products
in an area other than on the public streets.
D.
No use permitted within the B-1 Zone shall operate
except during the hours of 7:00 a.m. to 11:00 p.m.
[Added 3-3-1988 by Ord. No. 7-88]
E.
Conditional uses. The following uses are permitted only upon a showing
that the use will comply with the conditions and standards as contained
herein:
[Amended 12-10-2018 by Ord. No. 18-2018; 12-12-2019 by Ord. No. 16-2019]
(1)
House of worship, subject to the following conditions:
(a)
The minimum lot size shall be one acre.
(b)
The minimum lot frontage shall be 100 feet.
(c)
The maximum building coverage shall be 40%.
(d)
The maximum lot coverage shall be 70%.
(e)
The remainder of the B-1 Zone bulk standards shall apply.
(f)
Parking shall be provided as stipulated in § 95-47A(9)(c).
(g)
Accessory uses shall be as stipulated in § 95-47A(9)(b).
(2)
Multifamily mixed-use development, subject to the following conditions:
(a)
The parcel shall have frontage on Ridgedale Avenue or Eagle
Rock Avenue.
(b)
The minimum lot size shall be 30,000 square feet.
(c)
The maximum residential density shall be 15 units per acre.
(d)
The maximum building height shall be three stories and 38 feet.
(f)
The second and third floor may contain multifamily dwellings.
(g)
Parking shall be provided for the residential units in accordance
with residential site improvement standards. All required parking
shall be provided on site.
(h)
A minimum of 15% of the residential units shall be reserved
for affordable households if the affordable units are rental. A minimum
of 20% of the residential units shall be reserved for affordable households
if the affordable units are for sale. If the required number of affordable
units results in a fraction of 0.5 or greater, the developer shall
round up and provide the additional unit. Developments that result
in an affordable housing fraction of 0.4 or less shall pay a payment-in-lieu
fee for the fraction or round up and provide the additional affordable
unit.
(i)
All affordable units shall be deed-restricted for a minimum
of 30 years and comply with the Fair Housing Act,[1] the Uniform Housing Affordability Controls, and provide
a 13% very-low-income set-aside. The developer shall be responsible
for paying the fees for a qualified administrative agent.
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
(j)
The following standards are required, but any deviations shall
be treated as "c" bulk variances:
[1]
Minimum lot frontage, minimum side and rear yards, minimum usable floor area, and minimum cubic content of principal building shall comply with § 95-45.
[2]
The minimum front yard shall be 10 feet.
[3]
The maximum total building coverage shall be 50%.
[4]
The maximum percentage of impervious surface shall be 80% of
lot area.
[5]
Where the property abuts an existing single- or two-family home,
a solid screen comprised of either a six-foot-tall fence or evergreen
shrubs six feet in height shall be installed.
[6]
Parking for nonresidential uses shall comply with § 95-54C(2). However, if an applicant can demonstrate to the Board's satisfaction that the proposed development can share parking spaces because of the mixture of uses, the total required parking (residential plus nonresidential) may be reduced by up to 20%.
[7]
Parking spaces shall be nine feet wide by 18 feet long.
A.
Uses. In the Business B-2 Zone, no lot shall be used
and no building shall be erected, altered or occupied for any purpose
other than the following:
(1)
Permitted uses.
(a)
Business uses as permitted in the Business B-1
Zone, including those uses in excess of 35,000 square feet of gross
floor area.
[Amended 3-20-1997 by Ord. No. 6-1997]
(b)
Business uses serving highway traffic, such
as automobile repair garages and designed shopping centers and business
offices.
(c)
Commercial greenhouses and nurseries.
(d)
Restricted industrial uses as follows:
[1]
Automated and nonautomated wholesale, warehouse
storage and distribution facilities, and wholesale distribution centers,
provided such activities and inventories are conducted entirely within
an enclosed structure.
[Amended 12-6-2021 by Ord. No. 14-2021]
[2]
The finishing or assembling of articles made
from previously prepared or refined materials.
[3]
The preparation and fabrication of metals and
metal products and chemicals and chemical products.
[4]
Research activities, including laboratories and structures and facilities used in connection therewith and the testing, sale or lease of articles designed and produced in such laboratories. Such uses and other similar uses shall be permitted, provided that they meet the requirements outlined in § 95-56B.
(e)
Hotels or motor inns, with appurtenant restaurants,
meeting rooms, and recreational facilities such as swimming pools,
under the following restrictions:
[1]
Minimum site area: three acres.
[2]
Minimum frontage at the street line: 200 feet.
[3]
Maximum height: the greater of two stories or
35 feet.
[4]
Minimum height of section of building used for
bedrooms: two stories.
[5]
Maximum percentage of lot to be occupied by
buildings, excluding parking areas: 30%.
[6]
Minimum front yard setbacks: 75 feet. Setbacks
apply to all buildings, excluding parking areas, on the site.
[7]
Minimum off-street parking: one space per bedroom;
for restaurant facilities: one parking space per two seats over 20
seats, the first 20 seats not requiring any parking spaces; for meeting
room facilities: one parking space per five seats; for employees:
one space per two employees.
(f)
Instructional uses.
[Added 11-4-2015 by Ord.
No. 13-2015]
(g)
Houses of worship.
[Added 12-10-2018 by Ord.
No. 18-2018]
(h)
Fast-food restaurants.
[Added 12-7-2020 by Ord.
No. 9-2020]
(i)
Banquet halls.
[Added 12-7-2020 by Ord.
No. 9-2020]
(2)
On all property lines except the street line, a strip of property no less than 10 feet in width shall be utilized as a buffer area in accordance with specifications set forth in § 95-37B(5) unless waived by the appropriate municipal board at the time of site plan application.
[Amended 8-17-1982 by Ord. No. 24-1982]
(3)
Permitted accessory uses: exceptions and limitations.
(a)
Accessory uses incidental to the permitted uses.
(c)
Accessory uses to houses of worship as stipulated in § 95-47A(9)(b).
[Added 12-10-2018 by Ord.
No. 18-2018]
B.
Prohibited uses. Although it should be understood that any use which is not specifically permitted in Subsection A of this section is thereby prohibited, the following uses and activities are specifically prohibited in the Business B-2 Zone:
(2)
Residential dwelling units, excluding motels.
(4)
Any establishment engaged in the sale of goods or
materials or storing, displaying or selling goods or materials where
forklifts are utilized in areas open to the public, when open to the
public, to move merchandise and/or load or unload a customer vehicle.
[Added 3-20-1997 by Ord. No. 6-1997]
C.
Other provisions and requirements.
(2)
Off-street parking. Off-street parking spaces shall
be provided on the same lot as the use which they are intended to
serve and shall be located in other than the required front yard area
or the required side yard area on the street side in the case of corner
lots. Such parking area shall not be located closer than 50 feet to
a residential zone, unless this requirement is waived by the appropriate
municipal board in cases where a buffer strip as required by such
board is provided and maintained. The following standards shall govern
the provisions of such parking space. For uses other than those listed,
the number of off-street parking spaces required is the number of
spaces required for the use which most nearly approximates the proposed
use.
[Amended 11-21-2005 by Ord. No. 32-2005]
(a)
Retail and shopping center retail uses. One
space for each 300 square feet or part thereof of total floor area
for buildings up to and including 24,000 square feet. For all others,
one space per 200 square feet or part thereof of total floor area.
(b)
Retail furniture and major appliances exclusively.
One space for each 500 square feet or part thereof of total floor
area.
(c)
Retail financial institutions and office buildings.
One space for each 300 square feet or part thereof of total floor
area.
(d)
Restaurants, eatery restaurants, and fast-food restaurants.
One space for every two seats/stools, plus one space for every two
linear feet of bar or counter space where patrons may eat/drink while
standing.
[Amended 12-7-2020 by Ord. No. 9-2020]
(e)
Take-out restaurants. One parking space for every two employees
on the maximum shift, plus four spaces.
[Amended 12-7-2020 by Ord. No. 9-2020]
(f)
Gasoline station. The greater of three spaces
or one space for each pump island plus four spaces for the first repair
bay and three spaces for each additional bay plus one additional space
for each 150 feet or part thereof of total floor area devoted to selling
food, beverages, sundries or other nonautomotive merchandise.
(g)
Motor vehicle repair garage. Four spaces for
the first repair bay and three spaces for each additional bay.
(h)
Automobile sales. One space for each 500 square
feet or part thereof of total floor area excluding the service area
plus the parking required for a repair facility if service is provided
on site.
(i)
Industrial uses. Three spaces for each 1,000
square feet or part thereof of total floor area.
(j)
Instructional uses. One space for each 120 square feet of public
area for uses with less than 5,000 square feet of public area. For
uses with 5,000 or more square feet of public area, the parking requirement
shall be determined based on the peak number of students and employees.
[Added 11-4-2015 by Ord.
No. 13-2015]
(k)
Houses of worship. See § 95-47A(9)(c).
[Added 12-10-2018 by Ord.
No. 18-2018]
(l)
Banquet halls: one space for every two persons permitted under
the Fire Code's maximum occupancy for each rentable space, not including
accessory rooms.
[Added 12-7-2020 by Ord.
No. 9-2020]
(3)
Loading facilities. Where goods, merchandise, materials
or equipment are delivered to, shipped from or loaded at a use, an
off-street loading area must be planned and provided in accordance
with the following provisions to safely accommodate delivery, shipment
or loading operations:
[Added 3-20-1997 by Ord. No. 6-1997]
(a)
An off-street loading and unloading area shall
be provided in sufficient amount to permit the transfer of goods and
products in an area other than in the public streets. This off-street
loading and unloading area is specifically not to be included in calculation
of required parking.
(b)
The site plan application shall include a full
description of the nature and extent of the loading and unloading
operations to be undertaken at the use as well as the types of materials
involved, including any materials which may be hazardous, toxic or
have special handling considerations.
(c)
The site plan application shall identify the
number and types of vehicles, including but not limited to flatbed
trucks, tractor-trailer trucks, tank trucks and pickup trucks, that
shall be loaded or unloaded, the duration of the loading or unloading
operations and the maximum number of vehicles by type expected to
be loading or unloading at a loading or unloading area at one time.
(d)
The site plan shall clearly identify each and
every area where loading and unloading operations will take place
and each location where a forklift vehicle will enter or exit a building
to assist in loading or unloading operations.
(5)
Maximum percentage of impervious surface shall be
70% of lot area.
[Added 3-20-1997 by Ord. No. 6-1997]
(6)
Establishments having a gross floor area in excess
of 35,000 square feet, shall not equal, in the aggregate, more than
33% of the total gross floor area of the entire shopping center.
[Added 3-20-1997 by Ord. No. 6-1997]
D.
Conditional uses. The following uses are permitted only upon a showing
that the use will comply with the conditions and standards as contained
herein:
[Added 12-12-2019 by Ord.
No. 16-2019]
(1)
Multifamily mixed-use development, subject to the following conditions:
(a)
The parcel shall have frontage on Eagle Rock Avenue.
(b)
The minimum lot size shall be 30,000 square feet.
(c)
The maximum residential density shall be 15 units per acre.
(d)
The maximum building height shall be three stories and 38 feet.
(f)
The second and third floor may contain multifamily dwellings.
(g)
Parking shall be provided for the residential units in accordance
with Residential Site Improvement Standards. All required parking
shall be provided on site.
(h)
A minimum of 15% of the residential units shall be reserved
for affordable households if the affordable units are rental. A minimum
of 20% of the residential units shall be reserved for affordable households
if the affordable units are for sale. If the required number of affordable
units results in a fraction of 0.5 or greater, the developer shall
round up and provide the additional unit. Developments that result
in an affordable housing fraction of 0.4 or less shall pay a payment-in-lieu
fee for the fraction or round up and provide the additional affordable
unit.
(i)
All affordable units shall be deed-restricted for a minimum
of 30 years and comply with the Fair Housing Act,[2] the Uniform Housing Affordability Controls, and provide
a 13% very-low-income set-aside. The developer shall be responsible
for paying the fees for a qualified administrative agent.
[2]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
(j)
The following standards are required, but any deviations shall
be treated as "c" bulk variances:
[1]
Minimum lot frontage, minimum side and rear yards, minimum usable floor area, and minimum cubic content of principal building shall comply with § 95-45.
[2]
The minimum front yard shall be 10 feet.
[3]
The maximum total building coverage shall be 50%.
[4]
The maximum percentage of impervious surface shall be 80% of
lot area.
[5]
Where the property abuts an existing single- or two-family home,
a solid screen comprised of either a six-foot-tall fence or evergreen
shrubs six feet in height shall be installed.
[6]
Parking for nonresidential uses shall comply with § 95-54C(2). However, if an applicant can demonstrate to the Board's satisfaction that the proposed development can share parking spaces because of the mixture of uses, the total required parking (residential plus nonresidential) may be reduced by up to 20%.
[7]
Parking spaces shall be nine feet wide by 18 feet long.
[Added 12-3-1992 by Ord. No. 23-1992]
A.
The Highway Business B-2B Zone is hereby established.
B.
Uses. In the Highway Business B-2B Zone, no lot shall
be used and no building shall be erected, altered or occupied for
any purpose other than the following:
(1)
Permitted uses:
(a)
Automated and nonautomated wholesale, warehouse
storage and distribution facilities, and wholesale distribution centers,
provided such activities and inventories are conducted entirely within
an enclosed structure.
[Amended 12-6-2021 by Ord. No. 14-2021]
(b)
The finishing or assembling of articles made
from previously prepared or refined materials.
(c)
The preparation and fabrication of metals and
metal products or chemicals and chemical products.
(d)
Research activities, including laboratories
and structures and facilities used in connection therewith and the
testing, sale or lease of articles designed and produced in such laboratories.
(e)
Houses of worship.
[Added 12-10-2018 by Ord.
No. 18-2018]
(f)
Restaurants, eatery restaurants, fast-food restaurants, and
take-out restaurants.
[Added 12-7-2020 by Ord.
No. 9-2020]
(2)
Permitted accessory uses:
(b)
Such other uses as are clearly accessory to
the principal structure and use.
(c)
Accessory uses to houses of worship as stipulated in § 95-47A(9)(b).
[Added 12-10-2018 by Ord.
No. 18-2018]
(3)
Prohibited uses. Although it should be understood that any use which is not specifically permitted in Subsection B(1) of this section is hereby prohibited, the following uses and activities are specifically prohibited:
(b)
Residential dwelling units.
(c)
Sand, clay or gravel mining or other extractive
processes and the commercial stripping of topsoil.
(d)
Junkyards and automobile wrecking or disassembly
yards.
(e)
Tar plants, asphalt manufacturing or refining
plants and concrete or bituminous concrete processing plants.
(f)
Any establishment engaged in the sale of goods
or materials or storing, displaying or selling goods or materials
where forklifts are utilized in areas open to the public, when open
to the public, to move merchandise and/or load or unload a customer
vehicle.
[Added 3-20-1997 by Ord. No. 6-1997]
(4)
Conditional uses. The following uses are permitted
only upon a showing that the use will comply with conditions and standards
as contained herein:
(a)
Conditional uses shall be as follows:
[1]
Stores, shops and markets and other retail facilities
(including the warehousing of goods to be sold thereon at retail)
where goods are sold at retail or where personal services are rendered,
provided that all goods or products fabricated or processed incidental
to such use shall be sold at retail on the premises.
[2]
Business and professional offices, banks and
fiduciary institutions.
[3]
Restaurants.
[4]
Mortuary or funeral homes.
[5]
Theater, bowling alley and other similar commercial
recreation, provided that their activity is carried on entirely within
a building.
[6]
Retail stack storage facilities and discount
warehouse club facilities.
[Added 3-20-1997 by Ord. No. 6-1997]
(b)
Conditions.
[1]
If any application for development of the site
adversely affects any streets or intersections in proximity to the
area directly and substantially affected by the application for development,
the applicant shall pay his pro rata share of the cost of providing
reasonable and necessary street improvements to ameliorate such adverse
condition, including but not limited to providing appropriate turnarounds,
road intersections and safe levels of ingress and egress to and from
the site and adjacent roads.
[2]
If any application for development of a site
significantly increases the ingress and egress of traffic to or from
a site, the Board may require the developer to provide and pay for
the construction of on-site turnarounds, jughandles and ramps to safely
and satisfactorily accommodate the traffic into, out of and along
the site. Said turnarounds, jughandles, ramps and intersections, if
constructed, shall be deeded to the state, county or local agency
having jurisdiction, provided that said agency agrees to accept the
same.
[3]
The board having jurisdiction over any application
for development shall take into consideration environmental factors,
including the development's effect upon drainage, wetlands, noise,
liquid and/or solid waste generation, water supply requirements, glare,
fire and explosion potentials, air emissions and buffering considerations.
The board having jurisdiction shall require the applicant to take
such action and/or measures to comply with federal, state and/or local
regulations and standards for all such factors.
[4]
The Schedule of Area Requirements[1] as specified for the B-2 Zone shall apply to all applications
for development in the B-2B Zone except that the minimum lot size
in the B-2B Zone shall be 87,000 square feet.
[1]
Editor's Note: The Schedule of Area Requirements is included at the end of Article VII.
C.
Other provisions.
(1)
Off-street parking shall be as stipulated under § 95-55C(2) and for houses of worship as stipulated under § 95-47A(9)(c).
[Amended 12-10-2018 by Ord. No. 18-2018]
(2)
Loading facilities shall be as specified in § 95-55C(3)(a), (b), (c) and (d).
[Amended 3-20-1997 by Ord. No. 6-1997]
(4)
Maximum percentage of impervious surface for
all permitted and conditional uses shall be as set forth in the requirements
for the B-2 Zone.
[Added 3-20-1997 by Ord. No. 6-1997]
A.
Uses. In the Research Laboratory and Office R-L Zone,
no lot shall be used and no building shall be erected, altered or
occupied for any purpose other than the following:
B.
Prohibited uses. Although it should be understood that any use which is not specifically permitted in Subsection A of this section is thereby prohibited, the following uses and activities are specifically prohibited:
(1)
Residential construction or conversion.
(2)
Mink or fox farms.
(3)
Piggeries.
(4)
Commercial incineration.
(5)
Junkyards.
(6)
Rubbish, garbage or trash dumps.
(7)
Retail sales or service unless an accessory use and
unless an integral part of the principal building, provided such sales
or service is restricted to the convenience of the employees and visitors
of the permitted principal building.
(8)
Any use which will in any manner create any dangerous,
injurious, noxious or other objectionable or hazardous condition.
(9)
Any objectionable use by reason of fire, explosion,
radioactivity, noise, vibration, smoke, dust, odor or other form of
air pollution.
(10)
Any use which creates excessive heat, cold,
dampness, excessive movement of air, glare, electrical disturbances
or liquid or solid wastes.
C.
Other provisions and requirements.
(2)
Parking. Not more than 10% of the required parking
area shall be permitted in the front yard. Parking is permitted in
the side and rear yards. No off-street parking area shall be closer
than 50 feet to any property line nor 75 feet to any street right-of-way
line.
(3)
Landscaping. Those portions of all front, rear and side yards which are not used for off-street parking shall be attractively planted with trees, shrubs, plants and grass lawns as required by the appropriate municipal board and in accordance with § 95-47A(4), (5) and (6). Special planting or a fence shall be provided along the side and rear property lines as required by the appropriate municipal board so that the parking area is not visible from the abutting residential properties and in accordance with § 95-47A(4), (5) and (6).
(4)
Storage. All materials and equipment shall be stored in completely enclosed buildings or shall be otherwise screened by such walls, fences and landscaping as may be determined by the appropriate municipal board to be adequate to screen such materials and equipment from the abutting residential properties in accordance with § 95-47A(4), (5) and (6).
(5)
Permits and operations.
(a)
An application for any building permit or certificate
of occupancy in the Research Laboratory and Office R-L Zone shall
be submitted to the Construction Official in triplicate. The applicant
shall also submit in triplicate all plans of the proposed construction
and development, including a general description of the proposed machinery
operation and products as well as an affidavit by the applicant acknowledging
his understanding of the applicable performance standards and agreement
to conform to same at all times.
(b)
The Construction Official shall investigate
any alleged violation of the performance standards, and if there are
reasonable grounds to believe that a violation exists, shall notify
the Township Committee. The Township Committee shall investigate the
alleged violation and for such investigation may employ qualified
experts. If the experts find such a violation exists, the Construction
Official shall revoke the certificate of occupancy and same shall
not be reinstated until such time as the violation is remedied to
the satisfaction of the Township Committee.
(6)
Performance standards. Before the issuance of any
building or occupancy permit for any use in the Research Laboratory
R-L Zone, all of the following regulations must be complied with:
(a)
Fire and explosion hazards. All activities shall
be carried on only in buildings classified as fireproof by the Uniform
Construction Code as adopted by the Township, and the operation shall
be carried on in such a manner and with such precaution against fire
and explosion hazards as to produce no explosion hazard as determined
by the Middle Department Association of Fire Underwriters to a use
on an adjacent property. Further, all activities shall conform to
all requirements set forth in the Fire Prevention Code of the Township.[1] Every factory or manufacturing building or other buildings
permitted shall be equipped with automatic sprinklers or other automatic
fire extinguishers if required and as approved by the Construction
Official and the Chief of the Fire Department as being sufficient
in view of the nature and extent of the fire risk.
(b)
Smoke. There shall be no emission at any point,
from any chimney or otherwise, of visible gray smoke of a shade darker
than No. 1 on the Ringelmann Smoke Chart as published by the United
States Bureau of Mines (Powers Micro-Ringelmann Chart, McGraw-Hill
Publishing Company, 1954, may be used), except that visible gray smoke
of a shade not darker than No. 2 on said chart may be emitted for
not more than four minutes in any 30 minutes. These provisions applicable
to visible gray smoke shall also apply to visible smoke of a different
color but with an equivalent apparent opacity.
(c)
Liquid or solid waste. No operations shall discharge
waste of any kind into any reservoir, pond or lake. The discharge
of untreated waste into a stream is prohibited. All methods of sewage
and waste treatment and disposal shall be approved by the Township
and State Department of Health. Effluent from a treatment plant shall
at all times comply with the following standards:
[1]
Maximum five-day biochemical oxygen demand:
five parts per million.
[2]
Maximum quantity of effluent: 10% of minimum
daily stream flow.
[3]
Maximum five-day biochemical oxygen demand after
dilution (BOD of effluent multiplied by quantity of effluent divided
by quantity of stream flow): 0.25 parts per million.
[4]
Maximum total solids: 5,000 parts per million.
[5]
Maximum phenol: 0.01 parts per million.
|
No effluent shall contain any other acids, oils,
dust, toxic metals, corrosives or other toxic substances in solution
or suspension which would create odors, discolor, poison or otherwise
pollute the stream in any way.
|
(d)
Vibration. There shall be no vibration which
is discernible to the human sense of feeling beyond the immediate
site on which such use is conducted.
(e)
Noise. There shall be no noise emanating from
the operation which will be audible beyond the boundaries of the immediate
site.
(f)
Glare. There shall be no direct or sky-reflected
glare exceeding 1.5 foot-candles measured at the property line of
the lot occupied by such use. This regulation shall not apply to lights
used at the entrances or exits of service drives leading to a parking
lot.
(g)
Fly ash, dust, fumes, vapors and gases. There
shall be no emission which can cause any damage to health, to animals
or vegetation or other forms of property or which can cause any excessive
soiling at any point. Emission from any chimney or otherwise of any
solid or liquid particles in concentration exceeding 0.2 grain per
cubic foot of the conveying gas or air at any point is prohibited.
Measurement of the amount of particles in gases resulting from combustion
shall be applied to a standard stack temperature of 500° F. and
50% excess air.
(7)
Buffer area requirement. There shall be established
along the line of any lot that is contiguous to any residential district,
unless the lot line coincides with a state or federal highway right-of-way,
a buffer area of 100 feet in width plus 20 feet of additional buffer
width for each five-foot interval or fraction thereof of the height
of the principal building exceeding 35 feet up to 50 feet in height
and thereafter for each five feet of additional building height (to
a maximum of 65 feet) or fraction thereof. An additional 30 feet of
buffer width shall be required for each five-foot interval of building
height exceeding 50 feet. Buffer areas shall remain in perpetuity
and shall not be the subject of any future land use or variance applications.
In each case where proposed building height exceeds 35 feet, a line-of-sight
analysis shall be submitted by applicant detailing (architectural
and engineering studies) the location of adjacent residential areas
which will be in view of the proposed building from various directions
and angles, as well as the view of the proposed structure from residential
areas. The analysis shall be utilized by the Township to determine
if the above buffer requirements shall be adjusted to increase height
and density of the buffer to provide adequate screening of the proposed
building(s).
[Added 12-5-1985 by Ord. No. 25-1985]
A.
Uses. In the Professional and Business Office PB-1
Zone, no lots shall be used and no building shall be erected, altered
or occupied or any purpose other than the following:
(1)
Permitted uses.
(a)
Same as specified for Residence R-20 Zone and
subject to all requirements of that zone.
(b)
Office buildings for business, professional
and administrative offices not engaged in retail or wholesale sale
and delivery of goods nor the repairing, servicing or receiving for
repair or service on the premises.
(c)
Banks or other financial institutions.
(d)
Municipal facilities or uses.
B.
Other provisions and requirements.
(2)
On all property lines except the street line, a strip of property no less than 10 feet in width shall be utilized as a buffer area in accordance with specifications set forth in § 95-37B(5) unless waived by the appropriate municipal board at the time of site plan application.
[Amended 8-17-1982 by Ord. No. 24-1982]
D.
Conditional uses. The following use shall be permitted as a conditional
use within the PB-1 Zone, subject to all standards and regulations
set forth hereinafter:
[Added 5-1-2017 by Ord.
No. 4-2017]
(1)
Instructional uses encompassing a minimum of 5,000 square feet. Parking
shall be provided based on the peak number of students and employees.
A.
Uses. In the Professional and Business Office PB-2
Zone, no lots shall be used and no building shall be erected, altered
or occupied for any purpose other than the following:
(1)
Permitted uses.
(a)
Same as specified for Residence R-20 Zone and
subject to all requirements of that zone.
(b)
Office buildings for business, professional
and administrative offices not engaged in retail or wholesale sale
and delivery of goods nor the repairing, servicing or receiving for
repair or service on the premises.
(c)
Banks or other financial institutions.
(d)
Municipal facilities or uses.
B.
Other provisions and requirements.
(2)
On all property lines except the street line, a buffer strip of property no less than 10 feet in width shall be utilized as a buffer area in accordance with specifications set forth in § 95-37B(5) unless waived by the appropriate municipal board at the time of site plan application.
[Amended 8-17-1982 by Ord. No. 24-1982]
D.
Conditional uses. The following use shall be permitted as a conditional
use within the PB-2 Zone, subject to all standards and regulations
set forth hereinafter:
[Added 5-1-2017 by Ord.
No. 4-2017]
(1)
Instructional uses encompassing a minimum of 5,000 square feet. Parking
shall be provided based on the peak number of students and employees.
[Added 12-14-1982 by Ord. No. 31-1982]
A.
Uses. In the Professional and Business Office PB-3
Zone, no lots shall be used and no building shall be erected, altered
or occupied for any purpose other than the following:
(1)
Permitted principal uses.
(a)
Office buildings for business, professional
and administrative offices not engaged in retail or wholesale sale
and delivery of goods nor the repairing, servicing or receiving for
repair or service on the premises.
(b)
Banks and financial institutions subject to the requirement that they be located within office buildings permitted in Subsection A(1)(a) above.
(c)
Municipal facilities or uses.
(2)
Permitted accessory uses; exceptions and limitations.
B.
Other provisions and requirements.
[Amended 5-1-2017 by Ord.
No. 4-2017]
(1)
Minimum lot area: eight acres.
(2)
Minimum lot frontage: 500 feet.
(3)
Minimum front yard setback: 150 feet.
(4)
Minimum side yard setback, each: 50 feet.
(5)
Minimum rear yard setback: 50 feet.
(6)
Minimum setback from residential zone district line: 200 feet.
(7)
Minimum buffer area from residential zone district line: 100
feet.
(8)
Minimum landscape buffer along property line: 30 feet.
(9)
Minimum landscape buffer along external streets: 50 feet.
(10)
Maximum building coverage: 30%.
(11)
Maximum impervious surface coverage: 65%.
(12)
Maximum floor area ratio: 27%.
(13)
Maximum building height: three stories and 39 feet.
C.
Conditional uses. The following use shall be permitted as a conditional
use within the PB-3 Zone, subject to all standards and regulations
set forth hereinafter:
[Added 5-1-2017 by Ord.
No. 4-2017]
(1)
Instructional uses encompassing a minimum of 5,000 square feet.
Parking shall be provided based on the peak number of students and
employees.
A.
Uses. In the Light Industry I-3 Zone, no lot shall
be used and no building shall be erected, altered or occupied for
any purpose other than the following:
(1)
Permitted uses.
(a)
Automated and nonautomated wholesale, warehouse storage and
distribution facilities, and wholesale distribution centers, provided
such activities and inventories are conducted entirely within an enclosed
structure.
[Amended 11-4-2015 by Ord. No. 11-2015; 12-6-2021 by Ord. No. 14-2021]
(b)
The finishing or assembling of articles made
from previously prepared or refined materials.
(c)
The preparation and fabrication of metals and
metal products or chemicals and chemical products.
(d)
Research activities, including laboratories
and structures and facilities used in connection therewith and the
testing, sale or lease of articles designed and produced in such laboratories.
(e)
Any municipally owned and operated uses, such
as a municipal garage, municipal utility facility, municipal dog pound,
etc.
(g)
The manufacture and/or assembly of plastic products as listed
under the North American Industry Classification System - 326 Plastics
and Rubber Products Manufacturing.
[Added 11-4-2015 by Ord.
No. 11-2015]
(h)
Craftsman's or contractor's shop, such as, but not limited to,
carpentry, plumbing, welding, electrical or machine shop. "Craftsman"
does not include motor vehicle repair or restoration.
[Added 11-4-2015 by Ord.
No. 11-2015]
(i)
Electrical equipment and appliances, heating, ventilating, air-conditioning,
plumbing and refrigeration equipment service businesses, excluding
on-site sales.
[Added 11-4-2015 by Ord.
No. 11-2015]
(j)
Self-storage facilities.
[Added 11-4-2015 by Ord.
No. 11-2015]
(k)
Technical training institutions and schools.
[Added 11-4-2015 by Ord.
No. 11-2015]
(l)
Public utilities.
[Added 11-4-2015 by Ord.
No. 11-2015]
(m)
Instructional uses.
[Added 11-4-2015 by Ord.
No. 13-2015]
B.
Prohibited uses. Although it should be understood that any use which is not specifically permitted in Subsection A of this section is thereby prohibited, the following uses and activities are specifically prohibited:
(2)
Residential dwelling units.
(3)
Retail business, including stores and shops and including
all restaurants and similar service establishments.
(4)
Sand, clay or gravel mining or other extractive processes
and the commercial stripping of topsoil.
(5)
Junkyards and automobile wrecking or disassembly yards.
(6)
Tar plants, asphalt manufacturing or refining plants,
concrete or bituminous concrete processing plants.
C.
Buffer area requirement. There shall be established
along the line of any lot that is contiguous to any residential district,
unless the lot line coincides with a state or federal highway right-of-way,
a buffer area of 100 feet in width plus 20 feet of additional buffer
width for each five-foot interval or fraction thereof of the height
of the principal building exceeding 35 feet up to 50 feet in height
and thereafter for each five feet of additional building height (to
a maximum of 65 feet) or fraction thereof an additional 30 feet of
buffer width shall be required for each five-foot interval of building
height exceeding 50 feet. Buffer areas shall remain in perpetuity
and shall not be the subject of any future land use or variance applications.
In each case where proposed building height exceeds 35 feet, a line-of-sight
analysis shall be submitted by applicant detailing (architectural
and engineering studies) the location of adjacent residential areas
which will be in view of the proposed building from various directions
and angles, as well as the view of the proposed structure from residential
areas. The analysis shall be utilized by the Township to determine
if the above buffer requirements shall be adjusted to increase height
and density of the buffer to provide adequate screening of the proposed
building(s).
[Amended 8-17-1982 by Ord. No. 24-1982; 12-5-1985 by Ord. No. 25-1985]
D.
Other provisions and requirements.
(1)
Area requirements.
(b)
One side yard or rear yard of 100 feet required
adjacent to a residence zone.
(c)
The two-hundred-foot setback required in the
schedule shall be landscaped except for access driveways on all street
lines opposite a residential zone.
(d)
Maximum percentage of impervious surfaces shall be 85% of the
lot area.
[Added 12-6-2021 by Ord. No. 12-2021]
(2)
Off-street parking. Off-street parking spaces shall
be provided on the same lot as the use which they are intended to
serve and shall be located in other than the required front yard area
or the required side yard area on the street side in the case of corner
lots. Such parking area shall not be located closer than 50 feet to
a residential zone, unless this requirement is waived by the appropriate
municipal board in cases where a buffer strip as required by such
board is maintained. One space shall be provided for each two employees
and one space for each 1,000 square feet of gross floor area. For
electronic data centers only, there shall be three parking spaces
for every four employees during the maximum shift; and no additional
spaces shall be required based upon gross floor area.
[Amended 12-15-2014 by Ord. No. 15-2014]
(a)
Instructional uses: one space for each 120 square feet of public
area for uses with less than 5,000 square feet of public area. For
uses with 5,000 or more square feet of public area, the parking requirement
shall be determined based on the peak number of students and employees.
[Added 11-4-2015 by Ord.
No. 13-2015]
(3)
Loading facilities. Off-street loading and unloading
of vehicles shall be through a rear service lane, which service lane
shall have direct access from a public street. This off-street loading
and unloading area is specifically not to be included in calculation
of required parking. All uses except data centers shall have a loading
facility.
[Amended 12-15-2014 by Ord. No. 15-2014]
E.
Conditional uses. The following uses shall be permitted
as conditional uses within the I-3 Industrial Zone, subject to all
standards and regulations set forth hereinafter:
[Added 7-16-1987 by Ord. No. 17-1987]
(1)
Planned office and commercial development permitting
general office uses, indoor theaters and restaurant uses, not including
drive-in restaurants, subject to the following:
(a)
The tract of land shall have an area of no less
than 25 acres in size.
(b)
The tract of land shall have direct access to
a state highway.
(c)
The development of a planned office and commercial
park shall be limited to 80% coverage of the tract by building on
all impervious surfaces.
(d)
Commercial floor area (restaurant and theater
uses) shall not exceed 25% of the total floor area of the planned
office and commercial development.
(e)
The planned office and commercial development
shall comply with all development regulations of the I-3 Zone District
in addition to standards established hereinabove.
A.
Uses. In the Light Industry I-1 Zone, no lot shall
be used and no building shall be erected, altered or occupied for
any purpose other than the following:
(1)
Permitted uses.
(a)
Automated and nonautomated wholesale, warehouse storage and
distribution facilities, and wholesale distribution centers, provided
such activities and inventories are conducted entirely within an enclosed
structure.
[Amended 11-4-2015 by Ord. No. 11-2015; 12-6-2021 by Ord. No. 13-2021]
(b)
The manufacturing, compounding, packing, processing or treatment
of beverages, candy, baked goods, cosmetics, dairy products, medicine,
pharmaceuticals, perfumes, ice, toilet supplies and similar products.
[Amended 11-4-2015 by Ord. No. 11-2015]
(c)
Metalworking, tool and die shop, machine and
welding shop, excluding machinery of a nuisance-producing character.
(d)
The finishing or assembling of articles made
from previously prepared or refined materials.
(e)
The preparation and fabrication of metals and
metal products and chemicals and chemical products, provided that
no nuisance or hazard may occur from fire, explosion, dust, vapor,
flashes, smoke, noise and except as prohibited herein.
(f)
Research activities, including laboratories
and structures and facilities used in connection therewith and the
testing, sale or lease of articles designated and produced in such
laboratories, the maintenance of general offices and executive operations
in connection therewith.
(h)
[2]The manufacture and/or assembly of plastic products as
listed under the North American Industry Classification System - 326
Plastics and Rubber Products Manufacturing.
[Added 11-4-2015 by Ord.
No. 11-2015]
[2]
Editor's Note: Former Subsection A(1)(h), regarding uses not
specifically prohibited, was repealed 7-18-1985 by Ord. No. 9-1985
and 12-5-1985 by Ord. No. 25-1985.
(i)
Print and publishing establishments.
[Added 11-4-2015 by Ord.
No. 11-2015]
(j)
The manufacture and/or assembly of high technology and electronic
equipment, instruments or devices.
[Added 11-4-2015 by Ord.
No. 11-2015]
(k)
Craftsman's or contractor's shop, such as, but not limited to,
carpentry, plumbing, welding, electrical or machine shop.
[Added 11-4-2015 by Ord.
No. 11-2015]
(l)
Electrical equipment and appliances, heating, ventilating, air-conditioning,
plumbing and refrigeration equipment service businesses, excluding
on-site sales.
[Added 11-4-2015 by Ord.
No. 11-2015]
(m)
Public utilities.
[Added 11-4-2015 by Ord.
No. 11-2015]
B.
Prohibited uses. The following uses and activities are specifically prohibited: same as specified for the Light Industry I-3 Zone in § 95-59B.
C.
Buffer area. On all property lines except the street line, a buffer strip of property no less than 10 feet in width shall be utilized as a buffer area in accordance with specifications set forth in § 95-37B(5) unless waived by the appropriate municipal board at the time of site plan application.
[Amended 8-17-1982 by Ord. No. 25-1982]
D.
Other provisions and requirements.
(1)
Area requirements.
(b)
One side yard and/or rear yard of 100 feet required
where adjacent to a residence zone.
(c)
All manufacturing activities shall occur in
fully enclosed buildings.
[Amended 7-6-2021 by Ord. No. 7-2021]
(d)
Maximum percentage of impervious surfaces shall be 85% of the
lot area.
[Added 12-6-2021 by Ord. No. 12-2021]
A.
Establishment. There shall be a zone which shall be
known as "Public" and designated as P.
B.
This zone applies to all areas of public facilities
which are of a permanent nature, including all administrative, educational,
service and recreation and conservation lands of the Township of East
Hanover, County of Morris, State of New Jersey.
A.
Establishment. This zone applies to areas of existing
cemetery use. In the event that any such lands are proposed for another
use, no structure, building or use shall be established or constructed
before another zone district or category is adopted for these lands
by the municipal governing body.
B.
All designated and existing cemetery use zones as per the Zoning Map shall be governed by standards which are provisions that have been formulated to establish limitations and restrictions on any CEM use or proposed CEM use to promote sound and prudent development of said zones in the best interests of both the citizens of the Township of East Hanover and the owners of the existing use. To achieve these interests, the following standards shall apply in the CEM Zone:
(1)
On all property lines in the CEM Zone which abut or
adjoin presently existing residentially zoned properties as designated
at the time of the final adoption of this chapter, there shall be
established a twenty- five-foot buffer strip on the CEM-zoned property.
Within the designated twenty-five-foot buffer strip, no structure
or building shall be installed, constructed or erected, and furthermore,
no burial plot, monuments nor memorial plaque shall be allowed within
10 feet of the outer buffer strip boundary.
[Amended 9-20-1979 by Ord. No. 34-1979]
(2)
(3)
The ten-foot outer boundary buffer strip will not
immediately be planted along adjoining presently zoned residential
lands if, in the opinion of the Zoning Officer of the Township of
East Hanover, the natural foliage and trees existing along said boundaries
are sufficient and adequate to eliminate site distance from the boundary
line of the residential zone into the CEM Zone area. If the natural
foliage and trees now creating the natural buffer strip are diminished
or removed, thereby creating site distance into the CEM Zone, then
in the opinion of the Township, to eliminate the site distance, the
natural foliage shall be supplemented by the buffer strip requirements
designated in this subsection.
[Added 9-20-1979 by Ord. No. 34-1979]
(4)
All boundary lines in the CEM Zone which adjoin presently existing residentially zoned lands shall be buffered in accordance with Subsection B(1), (2) and (3) hereof. The buffer strip requirement imposed herein shall not extent to any CEM Zone boundary line because of any subsequent rezoning of abutting properties from nonresidential to residential zones.
[Added 9-20-1979 by Ord. No. 34-1979]
C.
Any person seeking to build, construct or erect wholly
or partially above or below the ground a public mausoleum, vault,
crypt or other structure intended to hold or contain dead bodies must
obtain a building permit from the Construction Official and obtain
site plan approval from the Planning Board and furthermore comply
with all the provisions of N.J.S.A. 8A:3-14.
[Added 6-5-1997 by Ord. No. 19-1997]
A.
Declaration and findings of policy; scope.
(1)
Whereas, sexually oriented businesses are a serious
hazard to the public health, welfare, safety and quality of life;
and whereas, sexually oriented businesses have a demonstrable deleterious
effect on both the existing businesses and surrounding residential
areas; and whereas, sexually oriented businesses create an atmosphere
which is inimical to the values of this significant segment of the
Township's population; and whereas, sexually oriented businesses,
when located in close proximity to each other, contribute to urban
blight and downgrade the quality of life in the surrounding area,
now, therefore, it is the policy of the Township of East Hanover to
regulate sexually oriented businesses, to protect the public health,
welfare and safety and the quality of life.
(2)
This section shall apply to the regulation of sexually
oriented businesses within the limits of the Township of Last Hanover.
B.
ADULT ARCADE
ADULT BOOKSTORE OR ADULT VIDEO STORE
(1)
(2)
(3)
ADULT CABARET
(1)
(2)
(3)
ADULT MOTEL
ADULT MOTION-PICTURE THEATER
ADULT THEATER
COMMERCIAL DISPLAY
NUDITY OR STATE OF NUDITY
OBSCENE MATERIALS
PERSON
SEXUALLY ORIENTED BUSINESS
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
(1)
(2)
(3)
(4)
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electricity or mechanically
controlled still or motion-picture machines, projectors or other image-producing
devices are maintained to show images to five or fewer persons per
machine at any one time, and where the images so displayed are distinguished
or characterized by the depicting or describing of specified sexual
activities or specified anatomical areas.
A commercial establishment which, as one of its principal
business purposes, offers for sale or for rental for any form of consideration
any one or more of the following:
Books, magazines, periodicals or other printed
material or photographs, films, motion pictures, videocassettes or
video productions, slides or other visual representations e specified
sexual activities or specified anatomical areas.
Instruments, devices or paraphernalia which
are designed for use in connection with specified sexual activities.
Video stores whose inventory of adult videos
is less than 20% of the total number of videos offered for sale or
rent is not an adult video store for purposes of this section.
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
Persons who appear in a state of nudity;
Live performances which are characterized by
the exposure of specified anatomical areas or by specified sexual
activities; or
Films, motion pictures, videocassettes, slides
or other photographic reproductions which are characterized by the
depiction or description of specified sexual activities or specified
anatomical areas.
A hotel, motel or similar commercial establishment which
offers accommodations to the public for any form or consideration
of which:
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or y specified sexual activities.
The exhibition to the senses of another person for valuable
consideration, whether the valuable consideration is paid by the recipient
of the exhibition or by another, and whether the exhibition occurs
at the exhibitor's place of business or elsewhere.
The appearance of a human bare buttock, anus, male genitals,
female genitals or female breasts.
The definitions of obscene materials set forth in P.L. 1978,
c. 95, as amended by P.L. 1982, c. 21 1, Section 1 (effective December
23, 1982, as N.J.S.A. 2C:342) as the same. shall be from time to time
amended or supplemented, as well as in accordance with or, not more
strictly than Judicial interrelations thereof pursuant to the Constitution
of the United States and of the State of New Jersey finally concluded
in courts of jurisdiction sufficient to render decisions on constitutional
questions of general application.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater or adult theater.
Includes any of the following:
The fondling or other erotic touching of human
genitals, pubic region, buttock or female breasts.
Sex acts, normal or perverted, actual or simulated,
including intercourse, oral copulation or sodomy.
Masturbation, actual or simulated.
Excreto functions as part of or in connection
with any of the activities set forth in the definition of specified
sexual activities above.
C.
Location of sexually-oriented businesses.
(1)
A person violates ties section if he operates or causes
to be operated a sexually oriented business within 1,000 feet of:
(a)
Places of worship.
(b)
Any school or other place of instruction, whether
public or private.
(c)
Any mental or physical health care provider
or facility.
(d)
An existing residence.
(e)
A boundary of any zone as defined by the Township
of East Hanover Land Use Ordinance, in which residential uses are
permitted.
(f)
Any day-care center or similar facility for
pre-school children.
(g)
Any other sexually oriented business.
(2)
Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest point of the property line of the parcel of land upon which the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises devoted to residential use or another sexually oriented business, which is used for a purpose set forth in § 95-63C(1) of this Code.
D.
Development standards.
(1)
Buildings used for sexually oriented businesses shall
meet all applicable safety standards of the Township of East Hanover,
including but not limited to adequate fireproofing of walls, floors,
ceilings, adequate fire escapes and exits and adequate fireproofing
of all book storage areas.
(2)
All zone requirements for setbacks, building height,
buffers, signs, parking and the like shall be complied with.
(3)
All site improvements and site design shall conform to the requirements prescribed under § 95-39B of this Code.
(4)
The interior of the sexually oriented business shall
be adequately lighted and constructed so that every portion thereof,
except for rest room(s) and areas restricted to employees, is readily
visible to the clerk or other supervisory personnel from the counter
or y other regular stations.
(5)
Obscene materials shall not be shown or exhibited
so as to be visible to the public from pedestrian sidewalks or walkways
or from other areas, public or semipublic.
(6)
No loudspeakers or sound equipment shall be used for
adult bookstores, adult motion-picture theaters or adult mini-motion-picture
theaters, as defined herein.
(7)
No building, premises, structure or other facility that contains any sexually oriented business shall contain any other kind of sexually oriented business, regardless of the provisions of § 95-63C(1)(e).
E.
Use regulations.
(1)
No person under the age of 18 shall be permitted into
any sexually oriented business premises at any time for any purpose.
A sign conspicuously posted shall give notice of this regulation.
(2)
Hours of operation shall be no earlier than 9:00 a.m.
nor later than 12:00 midnight, prevailing time, on weekdays and Saturdays.
All sexually oriented businesses shall be closed on Sundays.
(3)
No smoking is permitted in any sexually oriented business.
No consumption of alcoholic beverages is permitted at any time in
any sexually oriented business.
F.
Enforcement.
(1)
Except as otherwise provided by state statute, any
person violating any provision of this section, upon conviction, is
punishable by a fine riot to exceed $1,000 or a term of imprisonment
not to exceed 90 days, or both. In no event shall any person violating
this section, upon conviction, receive a fine below the amount of
$100.
(2)
Each day a sexually oriented business is operating
in violation of any provision of this section shall be deemed a separate
offense under this section.
[1]
Editor's Note: Former § 95-63, Signs,
as amended, was superseded 9-19-1996 by Ord. No. 27-1996. See now
Chapter 125, Signs.
A.
Continuance of use. Except as otherwise provided in
this section, the lawful use of land or buildings existing at the
date of the adoption of this chapter may be continued although such
use or building does not conform to the regulations specified by this
article for the zone in which such land or building is located; provided
that no such nonconforming building or use shall be enlarged, extended
or increased so as to cause any further or additional nonconformity.
B.
Abandonment of use. A nonconforming use shall be presumed
to have been abandoned when there occurs a cessation of any such use
or activity by an apparent act or failure to act on the part of the
tenant or owner within a period of one year from the commencement
of cessation or discontinuance.
C.
Restoration on nonconforming buildings.
(1)
If any nonconforming building shall be destroyed not
in excess of 50% as determined by the Construction Official by reason
of windstorm, fire, explosion or other acts of God or the public enemy,
the same may be rebuilt, restored or repaired, but said rebuilt, restored
or repaired building shall not exceed the size, dimensions or area
covered by the original building. If any nonconforming nonresidential
building shall be destroyed in excess of 50% as determined by the
Construction Official, then same shall not be rebuilt, restored or
repaired unless said restoration conforms to the regulations of the
applicable zone.
(2)
Nothing in this article shall prevent the strengthening
or restoring to a safe condition of any wall, floor or roof which
has been declared unsafe by the Construction Official.
D.
Reversion of uses. No nonconforming use shall, if
once changed into a conforming use, be changed back again into a nonconforming
use.
A.
Conditional approvals.[1]
[Added 8-11-2003 by Ord. No. 14-2003]
(1)
Conditions precedent.
(a)
Whenever any application for development is
approved subject to specified conditions intended to be fulfilled
before the approval becomes effective, said conditional approval shall
lapse and become null and void unless all specified conditions, other
than those contemplated by N.J.S.A. 40:55D-22b, are fulfilled within
190 days of the date of the conditional approval.
(b)
Proof that applications have been filed with
all other agencies having jurisdiction over any aspect of the application
for development shall forthwith be filed with the Planning Board or
Board of Adjustment, as the case may be.
(c)
The fulfillment of all other conditions precedent
shall forthwith be reported in writing to the Planning Board or Board
of Adjustment, as the case may be, which may cause such reports to
be verified in an appropriate manner. Only upon fulfillment of all
conditions shall any subdivision map or site plan be signed or any
required building permit, occupancy permit or zoning permit be issued.
(d)
When all conditions have been fulfilled with
regard to any minor subdivision, the applicant shall, within 30 days
of fulfillment of all such conditions, submit his deed or map for
signature in accordance with N.J.S.A. 40:55D-54 or any such approval
shall lapse and be of no force and effect; provided, however, that
the applicant may, for good cause shown, obtain an extension either
before or after the lapse of said thirty-day period within the reasonable
exercise of the Board's judgment.
(2)
Conditions subsequent.
(a)
Whenever any application for development is
approved subject to conditions, which by their terms are incapable
of being fulfilled or are not required to be fulfilled prior to the
final approval of the application, the performance of which are not
guaranteed by bonds or securities of any type, failure to fulfill
any such condition within six months from the date of the final approval
of the application for development shall be grounds for the issuance
of a stop-work order by the enforcing official and the withholding
of any zoning permit, certificate of occupancy or any other approval
until such condition or conditions are fulfilled.
(b)
Nothing herein contained shall be construed
as preventing the Planning Board or Board of Adjustment as the case
may be, from specifying a longer period of time within which any specific
condition must be fulfilled or from granting, upon an exparte application,
an extension of time for good cause shown.
(c)
The fulfillment of all conditions shall be reported
in writing to the Planning Board or Board of Adjustment, as the case
may be, which may cause such reports to be verified in an appropriate
manner. Only upon fulfillment of all conditions shall any subdivision
map or site plan be signed or any required building permit, occupancy
permit or zoning permit or other required approval be issued.
(d)
For the purpose of calculating the time period
within which conditions must be fulfilled, such time periods shall
commence from the date on which the resolution of approval was adopted.
[1]
Editor's Note: Former § 95-65A,
Legislative findings and declarations, as amended, was repealed 7-10-2000
by Ord. No. 17-2000.
B.
Enforcement.
[Amended 12-18-1997 by Ord. No. 53-1997]
(1)
The Zoning Enforcement Official and/or the Director Land Use, who shall be designated as the administrative officer, and/or such deputies as may be appointed, shall be responsible for the administration and enforcement of Chapter 95, Land use and Zoning.
[Amended 3-7-2005 by Ord. No. 5-2005]
(2)
No land, building, structure or part thereof within the Township shall be constructed, altered, used or occupied unless such land, building, structure or part thereof shall conform to the provisions of Chapter 95, Land Use and Zoning, and a zoning permit is issued by the Zoning Enforcement Official certifying such conformance.
(3)
In no case shall a permit be granted for the construction or alteration of any building, land, structure or part thereof where the proposed construction, alteration or use thereof would be in violation of any provision of Chapter 95, Land Use and Zoning.
(4)
In no case shall a certificate of occupancy be granted for the occupancy and use of vacant land, change in the use of any land, building or structure, any change involving a nonconforming use or nonconforming structure or change in the ownership, tenancy or occupancy of any land, building or structure where the proposed occupancy, change in the use, change involving a nonconforming use or nonconforming structure, unless such nonconformance is otherwise permitted pursuant to § 95-65 of the Code of the Township of East Hanover, or change in the ownership, tenancy or occupancy thereof would be in violation of any provision of Chapter 95, Land Use and Zoning.
(5)
To ensure compliance with the provisions of Chapter 95, Land Use and Zoning, no permit or certificate of occupancy shall be issued unless a zoning permit has first been granted by the Zoning Enforcement Official.
(6)
As used in this article, "zoning permit" means a document signed by the Zoning Enforcement Official which is required by ordinance as a condition precedent to the commencement of a use, occupancy or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledges that such use, occupancy, structure or building complies with the provisions of Chapter 95, Land Use and Zoning, or variance therefrom duly authorized by the Planning Board or Zoning Board of Adjustment.
(7)
It shall be the duty of the Zoning Enforcement Official to cause any building, structure, plans or premises to be inspected or examined and to order, in writing, the remedying of any conditions found to exist in violation of any provision in Chapter 95, Land Use and Zoning. The Zoning Enforcement Official shall have the right to enter any building or premises during the daytime in the course of performance of his or her duties, subject to any applicable state or federal constitutional proscriptions.
C.
Building permits; permit records.
[Amended 12-18-1997 by Ord. No. 53-1997]
(1)
All applications for building permits shall be made in the manner prescribed in the building code (Chapter 75, Construction Codes, Uniform, of the Code of the Township of East Hanover) and shall also constitute an application for a zoning permit, which is a condition precedent to the issuance of a building permit. A duplicate copy of all applications for building permits must be provided to the Zoning Enforcement Official by the applicant at the same time that the building permit application is made to the Construction Official. Each application for a building permit shall be accompanied by payment of the applicable fee prescribed in Chapter 79, Fees and Licenses, of the Code of the Township of East Hanover. A determination as to the issuance of a building permit shall be made within 20 business days from the date a complete building permit application has been filed pursuant to this subsection.
(2)
The Construction Official shall not issue a building
permit unless the applicant has first been granted a zoning permit,
except that the Construction Official may, in the case of a real and
imminent emergency, issue a building permit to address the emergency
without the applicant having to first secure a zoning permit, in which
case the Construction Official shall forthwith provide the Zoning
Enforcement Official with notice of the issuance of such building
permit and the nature of the emergency underlying the same, with copies
of such notice to the Mayor and Council. Notice shall be given by
the Zoning Enforcement Official to the applicant and Construction
Official of the disposition made on all zoning permit applications
submitted under this subsection.
(3)
Zoning permits required under this subsection may, in the discretion of the Zoning Enforcement Official, be in the form of a separate document and/or included in a building permit which may be issued by the Construction Official. The form shall be approved by the Township Council. Zoning permits granted under this subsection may, in discretion of the Zoning Enforcement Official, include conditions that the Zoning Enforcement Official deems adequate to ensure compliance with Chapter 95, Land Use and Zoning.
D.
Certificates of occupancy and zoning permits; fee;
revocation; filing.
[Amended 12-18-1997 by Ord. No. 53-1997]
(1)
It shall be unlawful to use or permit the use of any building or premises or part thereof hereafter created, located, erected, changed, altered, converted or enlarged, wholly or partly, until a certificate of occupancy and zoning permit have been issued for that premises in accordance with the requirements of the building code and Chapter 95, Land Use and Zoning.
(2)
In the event that any building, premises, structure
or part thereof being utilized for a commercial or industrial use
shall become vacant or in the event that there is a change in the
ownership, tenancy and/or occupancy thereof, it shall be unlawful
for any new owner, tenant and/or occupant to occupy or utilize said
building, premises, structure or part thereof unless a certificate
of occupancy and zoning permit have been issued specifically for said
owner, tenant and/or occupant.
(3)
In the event that the present use by an owner, tenant
and/or occupant of any building, premises, structure or part thereof
being utilized for a commercial or industrial use shall change or
contemplate a change to a different use, it shall be unlawful for
the owner, tenant and/or occupant to utilize said building, premises,
structure or part thereof for such different use unless a certificate
of occupancy and zoning permit have been issued specifically for such
different use to said owner, tenant and/or occupant.
(4)
All applications for certificates of occupancy shall be made to the Construction Official on a form provided by the Township and shall also constitute an application for a zoning permit, which is a condition precedent to the issuance of a certificate of occupancy. A duplicate copy of all applications for certificates of occupancy must be provided to the Zoning Enforcement Official by the applicant at the same time that a certificate of occupancy application is made to the Construction Official. An application fee in the amount prescribed in Chapter 79, Fees and Licenses, of the Code of the Township of East Hanover shall be submitted with every application for a certificate of occupancy. A determination as to the issuance of a certificate of occupancy and zoning permit shall be made within 10 business days from the date a complete certificate of occupancy application has been filed pursuant to this subsection.
(5)
The Construction Official shall not issue a certificate
of occupancy unless the applicant has first been granted a zoning
permit. Notice shall be given by the Zoning Enforcement Official to
the applicant and Construction Official of the disposition made on
all zoning permit applications submitted under this subsection.
(6)
Zoning permits required under this subsection may, in the discretion of the Zoning Enforcement Official, be in the form of a separate document and/or included in a certificate of occupancy which may be issued by the Construction Official. The form shall be approved by the Township Council. Zoning permits granted under this subsection may, in the discretion of the Zoning Enforcement Official, include conditions that the Zoning Enforcement Official deems adequate to ensure compliance with Chapter 95, Land Use and Zoning, so long as said conditions are otherwise consistent with the Municipal Land Use Law[2] and this Code.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
E.
Appeals.
[Amended 6-7-1984 by Ord. No. 10-1984; 12-18-1997 by Ord. No.
53-1997]
(1)
In the event that a zoning permit is denied or conditioned by the Zoning Enforcement Official, the Zoning Enforcement Official shall set forth the reasons for the denial or condition(s) and the applicant may appeal the denial or condition(s) by the Zoning Enforcement Official to the Zoning Board of Adjustment. The Zoning Board of Adjustment shall have the right to overrule or affirm such denial or condition(s). In the case of an appeal to the Zoning Board of Adjustment, the appellant shall pay fees as established by the Zoning Board of Adjustment in accordance with the procedures for fees relative to other matters coming before the Zoning Board of Adjustment in accordance with the Code of the Township of East Hanover, with an application fee in the amount prescribed in Chapter 79, Fees and Licenses, of the Code of the Township of East Hanover.
F.
Temporary use permits.
(1)
It is recognized that it may be in accordance with
the purpose of this article to permit temporary activities for a limited
period of time, which uses may be prohibited by other provisions of
this article. If such uses are of such a nature and are so located
that at the time of petition they will in no way exert a detrimental
effect upon the uses of other lands and activities normally permitted
in the zone and will also contribute materially to the welfare of
the Township, or if the need for such permit arises in the state of
emergency under conditions peculiar to the time and place involved,
then the Planning Board may, subject to all regulations for the issuance
of special permits elsewhere specified, issue a temporary permit for
a period not to exceed six months. Such period may be extended not
more than once for an additional period of six months, provided the
applicant demonstrates a continuing effort to the Construction Official
to repair or rebuild in the appropriate case, and provided the applicant
presents a site plan application prior to the expiration of the initial
six months' period, and provided that the conditions of the initial
temporary use permit have been followed.
(2)
In the event of an emergency situation prior to a
regular scheduled meeting of the Planning Board, the Township Construction
Official may issue a temporary use permit under the conditions outlined
above for a period not to exceed one month and conditioned upon application
for a temporary use permit to the East Hanover Planning Board.
G.
Advisory duties of Planning Board.
[Added 12-18-1997 by Ord. No. 53-1997]
(1)
The Planning Board is assigned the responsibility for performing advisory duties pursuant to N.J.S.A, 40:55D-25 of the Municipal Land Use Law for the purposes of assisting and aiding the governing body, Township agencies and Township officers in matters involving Chapter 95, Land Use and Zoning.
(2)
The Construction Official and Zoning Enforcement Official
may solicit and obtain from the Planning Board advisory assistance
and aid pursuant to N.J.S.A. 40:55D-25b(3) in connection with any
applications for a building permit, certificate of occupancy or zoning
permit, as the case may be, which in the opinion of the Construction
Official, in the case of a building permit application or certificate
of occupancy application, or Zoning Enforcement Official, in the case
of a zoning permit application, presents issues or complexities for
which the expertise of the Planning Board would be beneficial or essential.
In the event that advisory assistance and aid is sought from the Planning
Board pursuant to this subsection, the applicant and Planning Board
shall be notified of the same, in writing, by the Construction Official
and/or Zoning Enforcement Official, as the case may be.
H.
Reports by the Construction Official.
[Added 12-18-1997 by Ord. No. 53-1997]
(1)
The Construction Official shall prepare and file a
written report with the Township Council at thirty-day intervals setting
forth an itemization of all applications made for building permits
and certificates of occupancy for the relevant period, together with
the disposition taken by the Construction Official on all such applications
and the basis therefor.
(2)
A copy of each such report shall be filed by the Construction
Official with the Planning Board at the same time it is filed with
the Township Council.
I.
Conflicting provisions. In the event that there exists any conflicts between this § 95-65 and any provisions of the Code of the Township of East Hanover concerning the subject matter hereof, the provisions of this § 95-65 shall govern and control. To the extent that any such conflicts exist, such conflicting provisions are hereby amended, modified or repealed as appropriate so as to be compatible with this § 95-65.
[Added 12-18-1997 by Ord. No. 53-1997]
J.
Savings provision. In the event that one or more of the provisions of this § 95-65 shall for any reason be held to be illegal or invalid by a court of competent jurisdiction, such illegality or invalidity shall not affect any other provision hereof, but this § 95-65 shall be construed and enforced as if such illegal or invalid provision had not been contained herein, unless a court of competent jurisdiction holds that such provisions are not severable from all other provisions of this § 95-65 or that the invalidity of the affected provision materially alters the substance of this § 95-65.
[Added 12-18-1997 by Ord. No. 53-1997]
[Added 5-18-1982 by Ord. No. 12-1982; amended 4-21-1983 by Ord. No. 10-1983]
A.
Procedures.
(1)
Any developer requesting a zone change shall
file with the Director of Land Use such a request and simultaneously
deposit with the Township Clerk an escrow amount for fees as hereinafter
set forth.
(2)
The Director of Land Use shall thereupon notify the Township Committee, in writing, of the zone change request and, thereupon, forward copies of the request and accompanying map to the Planning Board for its review and recommendation on the request. Upon receipt of said request, the Secretary to the Planning Board shall send a copy of said zone change request to those entities as set forth in § 95-35A(1).
(3)
Upon receipt of the reports from the entities set forth in § 95-35A(1), the Planning Board shall thereafter conduct a public hearing and render a decision on the zone change request and, thereupon, forward its recommendation to the Township Committee.
(4)
Upon receipt by the Township Committee of the
recommendation of the Planning Board, the Township Committee shall
schedule a public hearing on the zone change request.
(5)
The Township shall provide public notice, and
the developer shall provide private notice to the owners of all real
property shown on the current tax maps of the Township within 200
feet in all directions of the property which is the subject of such
hearing.
B.
Fees. The fee to be charged for a zone change request
shall be determined in the following manner:
(1)
The developer, upon the filing of a zone change
request, shall deposit with the Township Clerk, adequate funds to
cover the cost of professional services in connection with the review
of said zone change request, including but not limited to shorthand
reporting and transcripts, review, inspection and reports of the Township
Engineer, professional planner, Township Attorney, Planning Board
Attorney and any other professionals whose services are deemed necessary
with respect to the review of the zone change request.
(2)
All moneys required under this section shall be deposited by the Township Clerk in the Township's escrow account, and the Township Treasurer shall set up a ledger page in the name of the developer. All disbursements to professional consultants or experts required to review the zone change request shall be charged against the developer's escrow account. The amount of the initial deposit to the escrow account, to be remitted at the time of the submission of the zone change request by the developer, shall be as provided in § 79-7F.
(3)
Any of the aforesaid deposit remaining in the
escrow account upon completion of the review procedure shall be returned
to the developer.
(4)
In the event that the funds in the escrow account
shall become depleted prior to the completion of the review procedure
and additional funds are needed to cover the cost of processing said
zone change request, the developer shall deposit sufficient additional
funds. In order to expedite the processing of all zone change requests,
the Township Clerk shall notify the developer immediately upon the
depletion of funds in the escrow account or as soon as an insufficiency
of funds becomes evident or is expected.
(5)
No Township agency shall review and or take
action on a zone change request unless all fees and deposits required
in the manner described above shall have been deposited by the developer
with the Township Clerk.
(6)
All bills submitted to a Township agency by
the stenographer, professional planner, Township Attorney, Planning
Board Attorney or other professionals containing charges to be applied
against the developer's escrow account established pursuant to this
section shall specify the services performed in relation to the individually
identified zone change request for which the charges have been incurred.
(7)
Unit charges, i.e., per diem or hourly fees,
inspection or expert testimony charges, levied by the stenographer,
professional planner, Township Attorney, Planning Board Attorney or
other professionals for services rendered in connection with a zone
change request may not exceed those unit charges contracted for and/or
approved by the Township agency for services by said professionals.
(8)
A monthly accounting of all funds to be withdrawn
by the Township from the escrow account shall be submitted by the
Township Clerk to the developer at least 10 days prior to withdrawal
of said funds. Within said 10 days, the developer shall have the opportunity
to request, in writing, a hearing by the appropriate Township agency
with respect to the reasonableness of the intended charges against
the escrow account. In the event that the developer requests such
a hearing, no withdrawal shall be made from the escrow account until
the Township agency shall have ruled on the appeal. If the Township
agency finds in favor of the developer, the withdrawals from the escrow
account shall be adjusted accordingly. If no objection is filed within
10 days, the funds shall be withdrawn from the escrow account and
transferred to the Township general funds.
[Added 3-3-2014 by Ord. No. 2-2014[1]]
A.
Purpose. This section of the land use regulations of the Township
of East Hanover sets forth mechanisms by which developers shall provide
for affordable housing based on growth that is associated with development
taking place within the Township of East Hanover. N.J.A.C. 5:97-6.4(c)
permits payments in lieu of providing whole or fractional affordable
units that are required by municipal ordinance.
B.
Applicability for residential development. All residential development
in the R-15 Zone that result in the construction of new market-rate
dwelling units in accordance with N.J.A.C. 5:97-1 et seq. shall be
subject to the provisions of this section.
C.
Residential provisions.
(1)
All residential development in the R-15 Zone that results in
the construction of new market-rate dwelling units shall provide one
affordable unit for every four market-rate units constructed.
(2)
All residential development in the R-15 Zone consisting of five
or more residential units shall provide one affordable housing unit
on site for every four market-rate units. However, the Land Use Board
may grant a variance from providing the affordable unit(s) on site
and instead allow the developer to make a payment in lieu of constructing
the affordable unit(s).
(3)
For developments that result in a number of market-rate residential units not evenly divisible by five, the developer may make a payment in lieu of constructing the additional affordable unit. The amount of said payment shall be the proportionate fraction of the affordable housing unit required multiplied by the payment in lieu established in Subsection C(4) below.
(4)
Where affordable units are required to be constructed and where
the developer has been authorized by the Township to make a payment
in lieu of constructing the affordable housing units, developers shall
make a payment to the Township. The amount of the payment shall be
$148,683 for each affordable unit or fraction thereof.
D.
Payment in lieu provisions.
(1)
Fifty percent of the payment in lieu fee shall be paid at the
time of issuance of a building permit. The remaining portion of the
required payment shall be paid at the issuance of the first certificate
of occupancy.
(2)
All payments in lieu of constructing affordable housing shall
be deposited by the Township of East Hanover into an affordable housing
trust fund to be established by ordinance in conformance with the
regulations established by COAH and shall at all times be identifiable
from development fees. These funds shall be used by the Township of
East Hanover in accordance with regulations established by COAH to
create new affordable housing opportunities within the physical boundaries
of the Township of East Hanover.
[1]
Editor's Note: Former § 95-65.2,
Posting of signs, added 4-21-1983 by Ord. No. 10-1983, was repealed
3-12-2001 by Ord. No. 5-2001.
A.
Penalty. For each and every violation of the provisions
of this article, the owner, contractor or other persons interested
as lessee, tenant or otherwise in any building or premises where said
violation has been committed or shall exist and who refuses to abate
said violation within three days after written notice has been served
upon him either by mail or by personal service shall, for each and
every violation, be punished by a fine not exceeding $500 or by imprisonment
for a term not exceeding 90 days, or both. A separate offense shall
be deemed committed on each day during or on which a violation occurs
or continues.
B.
Where it has been determined that a corporation is the interested party, any officer or director of said corporation may be determined to be a responsible party and liable for the penalties provided for in Subsection A.
C.
Any person who participates in a conveyance which
is designed or intended to frustrate the imposition of a penalty under
this article shall also be liable for such penalty.
All ordinances or parts of any ordinance inconsistent
with the provisions of this article are hereby repealed. The adoption
of this article however, shall not abate or prevent the continuance
of any proceedings instituted under the ordinance of which this article
is a revision, nor abate or prevent any proceedings or prosecution
for offense heretofore committed in violation of the ordinance, known
as the "Zoning Ordinance of the Township of East Hanover, in the County
of Morris," or any amendments made thereto, of which this article
is a revision. Nothing herein shall be deemed to change the status
of nonconforming uses heretofore created by virtue of the prior Zoning
Ordinance or amendments thereof, it being the intent that this revision
shall not supersede said ordinance or amendments thereof but that
said ordinance and amendments and this revision shall constitute a
body of law.
This Article shall take effect upon its final
passage and publication according to law, but any building or structure
the erection of which has been authorized by a permit issued by the
Construction Official prior to the passage of this article shall be
completed within one year from the date of the passage of this article
in accordance with the permit and the requirements of law and ordinance
in force at the time when such permit was granted and said building
or structure may be used for the purpose designated in the plans and
in the permit.
This section establishes standards for the collection, maintenance,
and expenditure of development fees that are consistent with COAH's
regulations developed in response to P.L. 2008, c. 46, Sections 8
and 32-38 (N.J.S.A. 52:27D-329.2) and the Statewide Non-residential
Development Fee Act (N.J.S.A. 40:55D-8.1 through 8.7). Fees collected
pursuant to this section shall be used for the sole purpose of providing
very-low-, low- and moderate-income housing in accordance with a Court-approved
spending plan.
B.
AFFORDABLE HOUSING DEVELOPMENT
COAH or THE COUNCIL
COURT
DEVELOPER
DEVELOPMENT FEE
EQUALIZED ASSESSED VALUE
GREEN BUILDING STRATEGIES
Definitions. The following terms, as used in this section, shall
have the following meanings:
A development included in the housing element and fair share
plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project or a 100% affordable housing development.
The New Jersey Council on Affordable Housing established
under the Fair Housing Act.[2]
The Superior Court of New Jersey, Law Division, Morris County.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
Money paid by a developer for the improvement of property
as authorized by Holmdel Builder's Association v. Holmdel Township,
121 N.J. 550 (1990) and the Fair Housing Act of 1985, N.J.S.A. 52:27d-301,
et seq., and regulated by applicable COAH Rules.
The assessed value of a property divided by the current average
ratio of assessed to true value for the municipality in which the
property is situated, as determined in accordance with Sections 1,
5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through N.J.S.A.
54:1-35c).
Those strategies that minimize the impact of development
on the environment, and enhance the health, safety and well-being
of residents by producing durable, low-maintenance, resource-efficient
housing while making optimum use of existing infrastructure and community
services.
[2]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
C.
Residential development fees.
(1)
Imposition of fees.
(a)
Within the Township of East Hanover, all residential developers,
except for developers of the types of developments specifically exempted
below and developers of developments that include affordable housing,
shall pay a fee of 1.5% of the equalized assessed value for all new
residential development provided no increased density is permitted.
Development fees shall also be imposed and collected when an additional
dwelling unit is added to an existing residential structure; in such
cases, the fee shall be calculated based on the increase in the equalized
assessed value of the property due to the additional dwelling unit.
(b)
When an increase in residential density is permitted pursuant
to a "d" variance granted under N.J.S.A. 40:55D-70d(5), developers
shall be required to pay a bonus development fee of 6% of the equalized
assessed value for each additional unit that may be realized, except
that this provision shall not be applicable to a development that
will include affordable housing. If the zoning on a site has changed
during the two-year period preceding the filing of such a variance
application, the base density for the purposes of calculating the
bonus development fee shall be the highest density permitted by right
during the two-year period preceding the filing of the variance application.
(2)
Eligible exactions, ineligible exactions and exemptions for
residential developments.
(a)
Affordable housing developments and/or developments where the
developer has made a payment in lieu of on-site construction of affordable
units, if permitted by ordinance or by agreement with the Township
of East Hanover, shall be exempt from the payment of development fees.
(b)
Improvements or additions to existing one- and two-family dwellings
on individual lots shall not be required to pay a development fee,
but a development fee shall be charged for any new dwelling constructed
as a replacement for a previously existing dwelling on the same lot
that was or will be demolished, unless the owner resided in the previous
dwelling for a period of one year or more prior to obtaining a demolition
permit. Where a development fee is charged for a replacement dwelling,
the development fee shall be calculated on the increase in the equalized
assessed value of the new structure as compared to the previous structure.
(c)
Homes replaced as a result of a natural disaster (such as a
fire or flood) shall be exempt from the payment of a development fee.
(d)
Developers of any charitable or not-for-profit entity formed
and legally existing in accordance with the laws of the State of New
Jersey shall be exempt from paying a development fee.
D.
Nonresidential development fees.
(1)
Imposition of fees.
(a)
Within all zoning districts, nonresidential developers, except
for developers of the types of developments specifically exempted
below, shall pay a fee equal to 2.5% of the equalized assessed value
of the land and improvements, for all new nonresidential construction
on an unimproved lot or lots.
(b)
Within all zoning districts, nonresidential developers, except
for developers of the types of developments specifically exempted
below, shall also pay a fee equal to 2.5% of the increase in equalized
assessed value resulting from any additions to existing structures
to be used for nonresidential purposes.
(c)
Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee of 2.5%
shall be calculated on the difference between the equalized assessed
value of the preexisting land and improvements and the equalized assessed
value of the newly improved structure, i.e., land and improvements,
and such calculation shall be made at the time a final certificate
of occupancy is issued. If the calculation required under this section
results in a negative number, the nonresidential development fee shall
be zero.
(2)
Eligible exemptions for nonresidential development.
(a)
All nonresidential construction of buildings or structures on
property used by churches, synagogues, mosques, and other houses of
worship, and property used for educational purposes, which is tax-exempt
pursuant to N.J.S.A. 54:4-3.6, shall be exempt from the imposition
of a nonresidential development fee pursuant to this section, provided
that the property continues to maintain its tax-exempt status under
that statute for a period of at least three years from the date of
issuance of the certificate of occupancy. In addition, the following
shall be exempt from the imposition of a nonresidential development
fee:
[1]
Parking lots and parking structures, regardless of whether the
parking lot or parking structure is constructed in conjunction with
a nonresidential development, such as an office building, or whether
the parking lot is developed as an independent nonresidential development;
[2]
Any nonresidential development which is an amenity to be made
available to the public, including, but not limited to, recreational
facilities, community centers, and senior centers, which are developed
in conjunction with or funded by a nonresidential developer;
[3]
Nonresidential construction resulting from a relocation of or
an on-site improvement to a nonprofit hospital or a nursing home facility;
[5]
Projects that are located within an eligible municipality, as
defined under section 2 of P.L. 2007, c. 346, when a majority of the
project is located within a one-half mile radius of the midpoint of
a platform area for a light rail system; and
[6]
Projects determined by the New Jersey Transit Corporation to
be consistent with a transit village plan developed by a transit village
designated by the Department of Transportation.
(b)
A developer of a nonresidential development exempted from the
nonresidential development fee pursuant to this section shall be subject
to it at such time the basis of the exemption set forth in this subsection
no longer applies, and shall make the payment of the nonresidential
development fee, in that event, within three years after that event
or after the issuance of the final certificate of occupancy of the
nonresidential development, whichever is later.
(c)
If a property which was exempted from the collection of a nonresidential
development fee thereafter ceases to be exempt from property taxation,
the owner of the property shall remit the fees required pursuant to
this section with 45 days.
E.
Collection procedures.
(1)
Upon the granting of a preliminary, final or other applicable
approval for a development, the approving authority or entity shall
notify or direct its staff to notify the Construction Official responsible
for the issuance of a construction permit.
(2)
For nonresidential developments only, the developer shall also
be provided with a copy of Form N-RDF "State of New Jersey Non-Residential
Development Certification/Exemption" to be completed as per the instructions
provided. The developer of a nonresidential development shall complete
Form N-RDF as per the instructions provided. The Construction Official
shall verify the information submitted by the nonresidential developer
as per the instructions provided in the Form N-RDF. The Tax Assessor
shall verify exemptions and prepare estimated and final assessments
as per the instructions provided in Form N-RDF.
(3)
The Construction Official responsible for the issuance of a
construction permit shall notify the Township Tax Assessor of the
issuance of the first construction permit for a development which
is subject to a development fee.
(4)
Within 20 days of receipt of such notification, the Township
Tax Assessor shall prepare an estimate of the equalized assessed value
of the development based on the plans filed.
(5)
The Construction Official responsible for the issuance of a
final certificate of occupancy shall notify the Township Tax Assessor
of any and all requests for the scheduling of a final inspection on
a property which is subject to a development fee.
(6)
Within 10 business days of a request for the scheduling of a
final inspection, the Township Tax Assessor shall confirm or modify
the previously estimated equalized assessed value of the improvements
associated with the development; calculate the development fee; and
thereafter notify the developer of the amount of the fee.
(7)
Should the Township of East Hanover fail to determine or notify
the developer of the amount of the development fee within 10 business
days of the request for final inspection, the developer may estimate
the amount due and pay that estimated amount consistent with the dispute
process set forth in Subsection b of Section 37 of P.L. 2008, c. 46
(N.J.S.A. 40:55D-8.6).
(8)
Half 50% of the initially calculated development fee shall be
collected at the time of issuance of the construction permit. The
remaining portion shall be collected prior to the issuance of the
certificate of occupancy. The developer shall be responsible for paying
the difference between the fee calculated at the time of issuance
of the construction permit and that determined at the time of issuance
of the certificate of occupancy.
(9)
Appeal of development fees.
(a)
A developer may challenge residential development fees imposed
by filing a challenge with the County Board of Taxation. Pending a
review and determination by the Board, collected fees shall be placed
in an interest-bearing escrow account by the Township of East Hanover.
Appeals from a determination of the Board may be made to the tax court
in accordance with the provisions of the State Tax Uniform Procedure
Law, N.J.S.A. 54:48-1, et seq., within 90 days after the date of such
determination. Interest earned on amounts escrowed shall be credited
to the prevailing party.
(b)
A developer may challenge nonresidential development fees imposed
by filing a challenge with the Director of the Division of Taxation.
Pending a review and determination by the Director, which shall be
made within 45 days of receipt of the challenge, collected fees shall
be placed in an interest-bearing escrow account by the Township of
East Hanover. Appeals from a determination of the Director may be
made to the tax court in accordance with the provisions of the State
Tax Uniform Procedure Law, N.J.S.A. 54:48-1, et seq., within 90 days
after the date of such determination. Interest earned on amounts escrowed
shall be credited to the prevailing party.
F.
Affordable Housing Trust Fund.
(1)
There is hereby created a separate, interest-bearing Affordable
Housing Trust Fund to be maintained by the Chief Financial Officer
of the Township of East Hanover for the purpose of depositing development
fees collected from residential and nonresidential developers and
proceeds from the sale of units with extinguished controls.
(2)
The following additional funds shall be deposited in the Affordable
Housing Trust Fund and shall at all times be identifiable by source
and amount:
(a)
Payments in lieu of on-site construction of a fraction of an
affordable unit, where permitted by ordinance or by agreement with
the Township of East Hanover;
(b)
Funds contributed by developers to make 10% of the adaptable
entrances in a townhouse or other multistory attached dwelling unit
development accessible;
(c)
Rental income from municipally operated units;
(d)
Repayments from affordable housing program loans;
(e)
Recapture funds;
(f)
Proceeds from the sale of affordable units; and
(g)
Any other funds collected in connection with East Hanover's
affordable housing program.
(3)
In the event of a failure by the Township of East Hanover to
comply with trust fund monitoring and reporting requirements or to
submit accurate monitoring reports; or a failure to comply with the
conditions of the judgment of compliance or a revocation of the judgment
of compliance; or a failure to implement the approved spending plan
and to expend funds within the applicable required time period as
set forth in In re Tp. of Monroe, 442 N.J. Super. 565 (Law Div. 2015)
(aff'd 442 N.J. Super. 563); or the expenditure of funds on activities
not approved by the Court; or for other good cause demonstrating the
unapproved use(s) of funds, the Court may authorize the State of New
Jersey, Department of Community Affairs, Division of Local Government
Services (LGS), to direct the manner in which the funds in the Affordable
Housing Trust Fund shall be expended, provided that all such funds
shall, to the extent practicable, be utilized for affordable housing
programs within the Township of East Hanover, or, if not practicable,
then within the county or the housing region. Any party may bring
a motion before the Superior Court presenting evidence of such condition(s),
and the Court may, after considering the evidence and providing the
municipality a reasonable opportunity to respond and/or to remedy
the noncompliant condition(s), and upon a finding of continuing and
deliberate noncompliance, determine to authorize LGS to direct the
expenditure of funds in the Trust Fund. The Court may also impose
such other remedies as may be reasonable and appropriate to the circumstances.
(4)
Interest accrued in the Affordable Housing Trust Fund shall
only be used to fund eligible affordable housing activities approved
by the Court.
G.
Use of funds.
(1)
The expenditure of all funds shall conform to a spending plan
approved by the Court. Funds deposited in the Affordable Housing Trust
Fund may be used for any activity approved by the Court to address
the Township of East Hanover's fair share obligation and may be set
up as a grant or revolving loan program. Such activities include,
but are not limited to: preservation or purchase of housing for the
purpose of maintaining or implementing affordability controls; housing
rehabilitation; new construction of affordable housing units and related
costs; accessory apartments; a market to affordable program; regional
housing partnership programs; conversion of existing nonresidential
buildings to create new affordable units; green building strategies
designed to be cost-saving and in accordance with accepted national
or state standards; purchase of land for affordable housing; improvement
of land to be used for affordable housing; extensions or improvements
of roads and infrastructure to affordable housing sites; financial
assistance designed to increase affordability; administration necessary
for implementation of the housing element and fair share plan; and/or
any other activity permitted by the Court and specified in the approved
spending plan.
(2)
Funds shall not be expended to reimburse the Township of East
Hanover for past housing activities.
(3)
At least 30% of all development fees collected and interest
earned on such fees shall be used to provide affordability assistance
to low- and moderate-income households in affordable units included
in the municipal fair share plan. One-third of the affordability assistance
portion of development fees collected shall be used to provide affordability
assistance to those households earning 30% or less of the median income
for Housing Region 2, in which East Hanover is located.
(4)
Affordability assistance programs may include down payment assistance,
security deposit assistance, low interest loans, rental assistance,
assistance with homeowners association or condominium fees and special
assessments, and assistance with emergency repairs. The specific programs
to be used for affordability assistance shall be identified and described
within the spending plan.
(5)
Affordability assistance to households earning 30% or less of
median income may include buying down the cost of low- or moderate-income
units in the municipal fair share plan to make them affordable to
households earning 30% or less of median income. The specific programs
to be used for very-low-income affordability assistance shall be identified
and described within the spending plan.
(6)
Payments in lieu of constructing affordable housing units on
site, if permitted by ordinance or by agreement with the Township
of East Hanover, and funds from the sale of units with extinguished
controls shall be exempt from the affordability assistance requirement.
(7)
The Township of East Hanover may contract with a private or
public entity to administer any part of its housing element and fair
share plan, including its programs for affordability assistance.
(8)
No more than 20% of all revenues collected from development
fees may be expended on administration, including, but not limited
to, salaries and benefits for municipal employees or consultants'
fees necessary to develop or implement a new construction program,
prepare a housing element and fair share plan, and/or administer an
affirmative marketing program or a rehabilitation program.
(9)
In the case of a rehabilitation program, the administrative
costs of the rehabilitation program shall be included as part of the
20% of collected development fees that may be expended on administration.
(10)
Administrative funds may be used for income qualification of
households, monitoring the turnover of sale and rental units, and
compliance with the Township's executed settlement agreement requirements.
Legal or other fees related to litigation opposing affordable housing
sites or related to securing or appealing a judgment from the Court
are not eligible uses of the Affordable Housing Trust Fund.
H.
Monitoring. The Township of East Hanover shall provide annual reporting
of Affordable Housing Trust Fund Activity to the New Jersey Department
of Community Affairs, Council on Affordable Housing, Local Government
Services, or other entity designated by the State of New Jersey, with
a copy provided to Fair Share Housing Center and posted on the municipal
website, using forms developed for this purpose by the New Jersey
Department of Community Affairs, Council on Affordable Housing or
Local Government Services.
I.
Ongoing collection of fees.
(1)
The ability for the Township of East Hanover to impose, collect
and expend development fees shall expire with the expiration of the
repose period covered by its judgment of compliance unless the Township
of East Hanover has first filed an adopted housing element and fair
share plan with the Court or with a designated state administrative
agency, has petitioned for a judgment of compliance from the Court
or for substantive certification or its equivalent from a state administrative
agency authorized to approve and administer municipal affordable housing
compliance and has received approval of its development fee ordinance
from the entity that will be reviewing and approving the housing element
and fair share plan.
(2)
If the Township of East Hanover fails to renew its ability to
impose and collect development fees prior to the expiration of its
judgment of compliance, it may be subject to forfeiture of any or
all funds remaining within its Affordable Housing Trust Fund. Any
funds so forfeited shall be deposited into the New Jersey Affordable
Housing Trust Fund established pursuant to Section 20 of P.L. 1985,
c. 222 (N.J.S.A. 52:27D-320).
(3)
The Township of East Hanover shall not impose a residential
development fee on a development that receives preliminary or final
site plan approval after the expiration of its judgment of compliance,
nor shall the Township of East Hanover retroactively impose a development
fee on such a development. The Township of East Hanover also shall
not expend any of its collected development fees after the expiration
of its judgment of compliance.
[1]
Editor's Note: This ordinance also repealed former § 95-68.1,
Mandatory development fees, added 6-20-1995 by Ord. No. 17-1995, as
amended.
[Added 11-4-2015 by Ord.
No. 9-2015]
Pipelines not distributing services to end users within the
Township of East Hanover which are not otherwise regulated by the
New Jersey Board of Public Utilities are prohibited in all zones and
districts within the Township.
