[Added 10-29-1984 by Ord. No. 1028]
The purpose of this article is to make provision
for the development of single-family attached housing within the Borough
of Glen Rock in areas previously designated under the Master Plan
as A-1 and A-2 Residence Districts; which, however, due to the existence
of substantial planning concerns relating to environmental, geographical,
developmental and topographical considerations common thereto, have
precluded further development of housing within said areas in conformity
with the present residence districts.
As used in this article, the following words
shall have the meanings indicated:
An open space area within or related to a site designated
as a development and designated and intended for the use or enjoyment
of the residents and owners of the development. Common open space
may contain such complimentary structures and improvements as are
necessary and appropriate for the use or enjoyment of residents and
owners of the development.
The form of ownership of real property under a master deed
providing for ownership by one or more owners of units of improvements,
together with an undivided interest in the common elements appurtenant
to each such unit.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
A building or structure designed for or occupied by no more
than one family and attached to other similar buildings or structures
by not more than two party walls extending from the foundation to
the roof and providing two direct means of access from the outside;
provided, further, that said townhouse unit shall be designed so that
no portion of any unit is oriented horizontally over any other unit,
and each such unit shall be serviced and equipped with independent
cooking, sleeping, heating and sanitary facilities. In addition, for
the purpose of this article, a townhouse shall be held in condominium
ownership.
No townhouse shall be erected within the A-2T District unless and until a site plan shall have been submitted to the Planning Board for its review and approval in accordance with this chapter and Chapter 192, Subdivision of Land, of the Code of the Borough of Glen Rock.
A.
Density.
(1)
The minimum gross area of a tract of land to be developed
for a townhouse is two acres.
(2)
Where the area of the development tract is five or
more acres, the maximum permitted density is six dwelling units per
acre.
(3)
Where the area of the development tract is less than
five acres, the density may be increased to eight dwelling units per
acre at the discretion of the Planning Board when the development
is consistent with the minimum bulk standards set forth herein so
as to preserve open space and provide for a better designed development
consistent with planning standards and consistent with adjacent land
use or potential development.
(4)
The maximum number of dwelling units permitted for
any development tract shall be calculated by multiplying the total
area of the tract in acres by the permitted density. Any fractional
number of units shall be treated as one unit when such fractional
number exceeds 0.5.
B.
Open space. Each townhouse tract shall contain a minimum
of 25% of its total land area in open space.
C.
Common open space.
(1)
Where a subdivision or site plan is required, this
article shall require that the applicant provide for an organization
for the ownership and maintenance of any common open space for the
benefit of owners or residents of the development if said open space
is not dedicated to the municipality or other governmental agency.
Such organization shall not be dissolved and shall not dispose of
any 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 the same to the Borough
of Glen Rock.
(2)
In the event that such organization shall fail to
maintain the open space in reasonable order and condition, the administrative
officer designated by resolution to administer this section may serve
written notice upon the owners 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 designated
municipal body or administrative officer 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 may 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 Borough, 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 the same is voluntarily
dedicated to the public by the owners. Before the expiration of said
year, the designated Borough body or officer, as the case may be,
shall, upon its initiative or upon the request of the organization
therefor 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 such Borough body or
officer, at which hearing such organization and the owners of the
development shall show cause why such maintenance by the Borough shall
not at the election of the Borough continue for a succeeding year.
If the designated Borough body or officer shall determine that such
organization is ready and able to maintain said open space in reasonable
condition, the Borough 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 Borough body or officer in any such case shall constitute a final
administrative decision subject to judicial review.
(3)
If a municipal body or officer is not designated by
resolution to administer this section, the governing body shall have
the same powers and be subject to the same restrictions as provided
in this section.
(4)
The cost of such maintenance by the Borough shall
be assessed pro rata against the properties within the development
that have a right of enjoyment of the open space, in accordance with
the assessed value at the time of imposition of the lien, and shall
become a lien and 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.
D.
Off-street parking. There shall be at least two off-street
parking spaces in the townhouse development allocated for each dwelling
unit, exclusive of private driveway space; at least one of these parking
spaces shall be provided in a one-car enclosed garage attached to
the dwelling unit.
E.
Minimum bulk requirements.
(1)
Height. No building shall exceed a maximum of 2 1/2
stories or 35 feet in height, whichever is the lesser.
(2)
Setbacks from street. No building shall be closer
than 25 feet from any private road or closer than 50 feet from any
public street. No townhouse shall be erected within 140 feet of Harristown
Road or Doremus Avenue.
(3)
Space between buildings. No building shall be closer
than 20 feet from the side of any building or closer than 50 feet
from the front or rear of any building on the same development tract.
(4)
Rear yard setback. No building shall have a rear yard
area less than 30 feet in depth.
(5)
Tract perimeter setback. No building shall be closer
than 30 feet from any residential property line or closer than 20
feet from a nonresidential property line.
(6)
Total impervious coverage. Not more than 50% of the
total tract area shall be covered by any impervious material, including
but not limited to building structures, roads, driveways, parking
areas, patios, walkways, game areas, swimming pools and the like.
(7)
Building coverage. Not more than 25% of the total
tract area shall be covered by any above-grade buildings or structures.
(8)
Buffer areas. Those setbacks required at the tract perimeter listed in Subsection E(5) above shall be landscaped areas with native vegetation, together with trees, shrubs and fencing as approved by the Planning Board. Off-street parking and recreational facilities are not permitted in the buffer area. In no event shall a buffer area be less than 10 feet in depth.
[Amended 2-8-2006 by Ord. No. 1520]
F.
Design limitations.
(1)
Individual townhouse units may be combined into one
building, provided that said overall structure shall not contain more
than five townhouse units.
(2)
No such group of townhouses shall exceed a length
of 120 feet, and no one unit shall have a width narrower than 20 feet
and a minimum living space of 1,500 square feet.
(3)
No more than two adjacent townhouse units shall be
constructed without providing a staggered front building wall offset
of not less than five feet.
(4)
No rear yard shall be adjacent to any front yard.
(5)
Each townhouse shall not have less than two means
of ingress and egress into each dwelling unit.
(6)
Each townhouse shall have no less than two walls with
window exposure.
(7)
Overall design, both as to architectural features
and construction materials, shall be subject to review and approval
by the Planning Board in order to avoid excessive similarity or dissimilarity
and to preserve property values within the development and for adjacent
developments.
