Principal permitted uses in Residence R-3 Districts
are as set forth in the Schedule of Use, Area and Bulk Regulations
included at the end of this chapter.
Conditional uses in the Residence R-3 Districts
are as set forth in the Schedule of Use, Area and Bulk Regulations
included at the end of this chapter.
Improved recreation space shall be provided
on the lot at a ratio of 200 square feet per dwelling unit.
Interior roads shall have a right-of-way width
of 45 feet and shall be paved to a width of 33 feet. Access drives
shall have a minimum right-of-way width of 36 feet and shall be paved
to a width of 24 feet. Sidewalks of a minimum width of four feet shall
be constructed along all interior roads and access drives to and from
parking areas and structures. A two-foot grass area shall be provided
between the sidewalks and interior roads and sidewalks and access
drives. All roads, drives, sidewalks and parking areas shall be constructed
in accordance with the Township specifications in existence at the
time of site plan approval. Roads and drives shall be so designed
as to minimize hazards to pedestrian and vehicular traffic. Each high-rise
apartment development, which does not directly abut such a road, shall
have direct access by way of an interior road or roads to an improved
municipal or county road.
A.
There shall be no dwelling unit in the basement; however,
this restriction shall not prohibit the use of basements for storage,
game rooms and like purposes.
B.
Not less than 65% of the total number of dwelling
units shall be one-bedroom or studio apartments, except in the case
of mixed developments, i.e., high-rise apartments and townhouses.
Under no circumstances shall any dwelling unit contain more than two
bedrooms.
A.
The development shall provide two parking spaces in
enclosed garages or paved parking areas for each dwelling unit. All
parking areas shall be constructed in accordance with the Township
road specifications in existence on the date of site plan approval.
Parking spaces shall be nine feet by 18 feet per RSIS and shall be
clearly marked. Aisle widths for perpendicular parking shall be at
least 24 feet. All parking areas shall be adequately drained and lighted.
No parking shall be permitted in any front yard or front court or
within 10 feet of any dwelling unit.
B.
Garages and parking structures shall be no more than
two stories in height above ground. The architectural design and materials
used in the construction thereof shall conform to the design and building
materials used in the construction of the high-rise structures. No
part of any garage or other accessory building shall be used for living
purposes.
No parking shall be permitted on the interior
streets of a high-rise development. The owner shall furnish resolutions
or agreements required by the Township in order to meet Title 39 of
the New Jersey Statutes applicable to such interior streets.
A.
Upon site plan review, the Planning Board shall recommend
to the governing body those roads or streets within the proposed development
which should be dedicated to the Township as municipal streets, and
the governing body shall consider the recommendation at a public hearing.
If the governing body decides that the public interest requires that
any such roads or streets become municipal streets, the applicant
shall be required to execute and deliver all instruments required
to effectuate such dedication including the submission to the Planning
Board of a map complying in all respects to the requirements of the
Map Filing Law (N.J.S.A. 46:23-9.9 et seq.), which map shall be signed
by the appropriate Planning Board officers and filed on record in
the Office of the Registrar of Passaic County prior to the issuance
of any building permits. The governing body shall act on the recommendation
of the Planning Board in this regard no later than the second meeting
after receiving such recommendation, and failure to act within such
time shall be deemed a denial of such recommendation.
B.
The dedication of any street or streets or the acceptance
thereof by the appropriate municipal body pursuant to this subsection,
and the resulting division of any lot, shall in no way bring about
a violation of the minimum area, width and depth requirement or the
coverage requirement set forth in the Schedule of Use, Area and Bulk
Regulations included at the end of this chapter.
C.
Any road or portion thereof not so dedicated or not
accepted by the governing body as a municipal street or road and all
other accessways, parking areas, sidewalks, curbs or other paved areas
shall be maintained and repaired by the owner, and failure to maintain
the same shall be deemed a violation of this chapter.
All high-rise structures shall be reinforced
concrete construction or fireproof structural steel construction with
reinforced concrete floors. All high-rise structures shall conform
to the requirements of Fire Resistive Construction, Type A, of the
National Building Code.
A.
No dwelling structure shall be constructed without
a central heating system or systems sufficient to permit each dwelling
unit to be maintained at a temperature of 72° F. when the outside
temperature is between 72° F. and 0° F., and the temperature
for each dwelling unit shall be regulated by a control or controls
located therein.
B.
Central or individual air-conditioning units shall
be provided so as to permit each dwelling unit to maintain a temperature
of 72° F. when the outside temperature is between 72° F. and
90° F., and where central systems are employed, the temperature
for each dwelling unit shall be regulated by a control or controls
located therein; and where individual units are employed, such units
shall be of the flush type so as to provide for minimum protrusion
from the windows or walls of the dwelling units.
All utilities shall be installed underground.
Water sources and distribution systems shall be approved by the appropriate
Township authorities as to the adequacy, quality and sufficiency for
fire-fighting purposes. The builder shall install, at his expense,
fire alarm boxes as required and as approved by the Fire Department.
The placement and number of fire hydrants shall be subject to the
approval of the Fire Department. No certificate of occupancy shall
be issued for any high-rise apartment unless and until the Township
Engineer certifies that as-built drawings, certified by a licensed
professional engineer, showing the precise location of all underground
utilities, manholes, valves, tap-ins, and appurtenances thereto, have
been filed in his office. After certification by the Township Engineer,
the as-built drawings shall be permanently filed with the office of
the Secretary of the Planning Board.
Appliances, such as washing machines, shall
be located entirely within a principal structure for the convenience
of tenants only. No outside sign indicating their presence shall be
permitted. The Planning Board shall determine the number, type and
location of machines at the time of site plan approval. No outside
area or equipment shall be provided for the hanging of laundry or
the outside airing of laundry in any manner. Sufficient area and equipment
shall be made available within each building for the laundering and
drying of laundry.
The owner of a multiple-family development shall
maintain in a sanitary condition adequate concealed provisions for
garbage disposal, including trash and recycling containers.
The apartment building owner shall provide the
building with its own security force.
Commercial activities and business or professional
offices are specifically prohibited in the Residence R-3 District,
except for the following: coin-operated laundries or vending machines
offering convenience items such as milk and newspapers.
A.
Any proposed owner or builder of a high-rise apartment
development shall, before undertaking any work in connection therewith,
file with the Construction Official the required site plan review
applications on forms to be supplied by the Secretary of the Planning
Board, accompanied by 19 copies each of the proposed site plan indicating
thereon the topography of the premises in question, the topography
and location of buildings on all properties within 200 feet of the
subject premises property lines, typical elevation of the buildings,
landscaping plan and map showing proposed utility lines for water,
sewer, storm drains, gas and electricity. The exhibits shall be prepared,
signed and sealed by a duly licensed engineer or architect, as the
case may be, and shall be distributed by the Secretary of the Planning
Board to the following:
B.
Within 60 days, or such additional time to which the applicant may agree, after the first regular meeting of the Planning Board following the proper filing of the application and exhibits as set forth in Subsection A above, the Planning Board shall act thereon by either disapproving or recommending approval thereof to the governing body if the Planning Board finds that the application and exhibits conform to the requirements and standards established by this chapter and otherwise comply with the ordinances of the Township and all applicable laws of the State of New Jersey.
C.
In addition to the foregoing requirements, the Planning
Board shall review the application and exhibits for compliance with
the following standards:
(1)
The requirements of Article XXIII, Site Plan Approval, as established by ordinance of the Township.
(3)
The Planning Board may attach such other conditions
to its recommendation of approval as may reasonably be required for
the protection or advancement of the public health, safety, welfare
and morals of the Township.
D.
When requested by the Planning Board, landscaping
plans shall be subject to review by the Shade Tree Commission, which
Commission shall take into consideration the recommendations of the
Planning Board with respect to the provision of shade trees[1] along the interior development and pedestrian walks; the
grading, seeding and planting of flowers and shrubs in the open spaces
adjacent to and between buildings, border strips along the roadways,
driveways and walks; treatment of garbage and parking areas; and approaches
to structures and entrance areas.
E.
In addition to the foregoing, the Planning Board shall
assure satisfactory and harmonious relations between the high-rise
apartment development and the existing and prospective development
of contiguous lands and adjacent neighborhoods. The Planning Board
shall review the design and type of construction of the proposed buildings
in relation to their district and immediate neighborhood; and where
it shall be deemed that the design or construction is so similar or
dissimilar to adjacent or neighborhood buildings so as to be incongruous
with the character of surrounding development or seriously detrimental
to other properties, or to involve exceptional risks of public health
or safety, site plan approval should be denied.
F.
Signs shall be permitted as follows:
(1)
Temporary signs pertaining to the lease or rental
of the high-rise units may be permitted with the approval of the Planning
Board as to size, appearance and location, provided that such sign
or signs are nonflashing and illuminated by ground lights only. Such
signs shall be removed immediately upon the lease or rental of premises.
(2)
A permanent sign or signs shall be permitted at the
entrance or entrances to high-rise developments subject to the approval
of the Planning Board. Such signs shall be nonflashing and illuminated
by a ground source and shall contain only the name of the development.
Proper considerations shall be given to the size, location, quality,
durability, ground lighting and overall appearance of the sign or
signs.
G.
The applicant shall notify by personal service or
certified mail, return receipt requested, at least 10 days prior to
the meeting of the Planning Board at which action is desired, all
property owners within 200 feet of the high-rise property, as their
names and addresses appear on the municipal tax records, of the pendency
of the application. Such notice shall state the time and place of
the hearing, a brief description of the nature of the project and
that copies of exhibits concerning same are on file with the Secretary
of the Planning Board for public inspection. The applicant shall also
cause notice of the application and date of hearing to be published
in a newspaper of general circulation in the Township at least five
days but no more than 10 days prior to the hearing and file an affidavit
of such mailing and publication with the Secretary of the Planning
Board prior to the hearing.
Appeals on actions by the Planning Board shall
be referred to the governing body or other appropriate agency as provided
in the Municipal Land Use Law (N.J.S.A. 40:55D-17).
A.
If, in the judgment of the governing body, the required
landscaping and all other improvements cannot be installed or completed
prior to qualification by the developer for a certificate or certificates
of occupancy, and so long as the public interest will not be impaired,
such building permit or certificate of occupancy may be issued upon
posting of a performance bond with sufficient surety, in an amount
and for a term specified by the appropriate Township authority and
subject to the approval of the Township Attorney, insuring the completion
of the incomplete items.
B.
Upon completion and approval of all on-site and off-site
improvements, including but not being necessarily limited thereto,
utilities, roads, curbing, gutters, sidewalks, paved areas and all
appurtenances, whether or not dedicated and accepted by the Township,
and upon the posting of a maintenance bond or bonds in sufficient
amounts and for a term of not less than two years and subject to the
approval of the Township Attorney and which provide therein for the
proper maintenance, care and repair of such improvements, the performance
bond or bonds shall be released.
The applicant shall pay to the Secretary of
the Planning Board all fees for site plan review in accordance with
the site plan sections of this chapter and any and all other fees
that may be required.[1]
Approval of the application hereunder shall
expire one year from the date thereof if building permits have not
been obtained for construction and construction actually commenced.
Said one-year period may be extended for an additional year in the
discretion of the Board, provided application for such extension is
made by the applicant within the initial one-year period. Nothing
contained herein shall prevent the developer from constructing the
development in not more than two stages, provided the building permits
are obtained and construction commenced on the first stage within
one year from the date of approval and any extension thereto and the
entire development is completed within three years from the date thereof,
unless extended by the governing body.
If a high-rise development comes into existence,
the Construction Official of the Township shall be the official responsible
for securing the enforcement of the applicable regulations of this
chapter, although complaints of violations may also be made by any
other Township official or citizen.
