It is recognized that certain uses, activities and structures
may be necessary to serve the needs and convenience of the public.
However, it is also recognized that such uses may be or become inimical
to the public health, safety and general welfare if their establishment
and maintenance are permitted without proper consideration being given
to existing conditions and the character of the surrounding area.
Such uses are hereby designated as conditional uses. The Planning
Board is hereby granted original jurisdiction and discretionary power
to grant a permit for conditional use under the following terms, conditions,
stipulations and guiding principles:
A.
The use for which application is made shall be one that is specifically
authorized as an exception use in the Schedule of Uses and Requirements[1] of this chapter for the district in which located.
[1]
Editor's Note: The Schedule of Uses and Requirements is on file in the Borough offices and is included as an attachment to this chapter.
B.
The proposed design, arrangement and nature of the particular use
shall be such that the public health, safety and welfare will be protected
and reasonable consideration afforded to the:
(1)
Character of the neighborhood and district.
(2)
Conservation of property values.
(3)
Potential congestion of vehicular traffic or creation of undue hazard.
(4)
Health and safety of residents or workers on adjacent properties
and in the surrounding neighborhood.
(5)
Principles and objectives of this chapter and the master plan of
the Borough of Hillsdale.
C.
The Planning Board shall, before granting the conditional use permit, make a finding and determination that the particular use applied for will, in the judgment of the Board, meet the minimum standards specified for the particular use in § 310-67 and comply with such additional conditions and safeguards as, in the opinion of Planning Board, will tend to carry out the intent and objectives of this chapter.
D.
The Planning Board shall hear and decide the application in accordance
with the procedure set forth in this chapter.
[Amended 5-8-1984 by Ord.
No. 84-9; 10-8-1985 by Ord. No. 85-16; 7-11-1989 by Ord. 89-18; 12-12-1989 by Ord. No. 89-23]
A.
Motor vehicle service stations. Motor vehicle service stations may
be permitted in an commercial district if:
[Amended 5-13-1997 by Ord. No. 97-8]
(1)
A site plan meeting the requirements of this chapter shall be filed
with the Planning Board showing, in addition to any other requirements
for a site plan, the exact location of the motor vehicle service station,
the number and location of fuel tanks to be installed, the dimensions
and capacity of each tank, the depth at which the tanks will be placed
below the ground, the number and location of pumps to be installed,
the type of structure and accessory buildings to be constructed, the
number of automobiles which may be garaged and a description of the
nature and extent of the proposed use.
(2)
The requirements of the commercial district set forth in this chapter
shall be complied with.
(3)
All fuel pumps shall be located at least 25 feet from any street
line or property line.
(4)
No vehicles shall be permitted to be parked on the premises of a
motor vehicle service station other than those used by the employees
in the indirect or direct operation of the establishment and those
being serviced by the station.
(5)
Driveways shall cross the sidewalk at right angles and shall not
be more than 24 feet wide at any point. Driveways shall be at least
10 feet from any side lot line and 25 feet from the intersection of
street lines. No more than two driveways shall be permitted for each
100 feet of street frontage.
(6)
The entire area of the site traversed by motor vehicles shall be
hard-surfaced with bituminous concrete or asphalt.
(7)
The Planning Board shall determine that the site plan is appropriate
to the area. A five-foot planting strip, suitably landscaped as recommended
by the Borough Environmental Commission, shall be provided between
curb cuts and along all other property lines.
(8)
No motor vehicle service station shall be located within 1,500 feet
of any public entrance to a church, school, library, hospital, fire
station, park, playground, charitable institution or place of public
assemblage. Said distance shall be measured in a straight line along
the center lines of streets forming the shortest route from a point
in said center line opposite such public entrance to a point in said
center line opposite the nearest boundary of the service station.
(9)
Any repair of motor vehicles shall be performed in a fully-enclosed
building. No parts or partially dismantled motor vehicle shall be
stored out-of-doors.
(11)
One freestanding sign, which may be internally or externally
illuminated, shall be permitted for each street frontage, said sign
not to exceed eight feet in height and 40 square feet in area.
[Amended 3-8-2016 by Ord.
No. 16-06]
(12)
One wall sign shall be permitted per public street frontage. The wall sign shall comply with the provisions of § 310-65A(1)(b). Each permitted wall sign shall not exceed 24 square feet in area. Wall signs shall not project more than 12 inches from the building facade.
[Amended 3-8-2016 by Ord.
No. 16-06]
(13)
Window signs shall be permitted in accordance with § 310-65E(1) through (5).
[Amended 3-8-2016 by Ord.
No. 16-06]
B.
Public utilities. Public utilities, as defined in N.J.S.A. 48:2-13,
shall be permitted in any zone district, provided that:
[Amended 5-1-2012 by Ord.
No. 12-10]
(1)
Should a utility service provider propose, for any reason, whether
or not required by law, permit, or order, that any design, redesign,
construction, repair, replacement, improvement, modification, upgrade,
rehabilitation, alteration, expansion, or addition to any existing
or new facility, installation, structure, building, or property installation
("utility development") be located within any zone district, the utility
service provider shall provide evidence, in the form and substance
as herein required, or as requested by the land use reviewing board,
demonstrating that the proposed utility development cannot be located
in the Industrial Zone District of the Borough of Hillsdale, or elsewhere.
(2)
Should a utility service provider propose a utility development, said service provider must obtain site plan approval from the municipal land use board, pursuant to the requirements of Article XXIII of this chapter and all requirements contained in this § 310-67B, prior to commencing any site work on the utility development. Such utility development includes, but is not limited to, changes to electrical substations and their transmission and distribution of power networks; changes to the storage facilities or operations, including enclosed storage units or buildings, containment tanks or vessels, reservoirs and spillways; and the release, transmission, or distribution or transportation over land, by waterways, or through subsurface means of electricity, water, petroleum products, natural or manufactured gases, waste transfer, or any other utility services or utility products within the Borough of Hillsdale.
(3)
The proposed utility development shall not alter or modify the use
or availability of the existing Borough, county or state roadway systems
located within the Borough of Hillsdale unless specifically permitted
in detail by the land use reviewing board.
(4)
The proposed utility development shall not alter or modify any properties
and the improvements thereon owned or controlled by the Borough of
Hillsdale, Bergen County or State of New Jersey. Such properties include,
but are not limited to, roadways, municipal buildings, municipal parking
areas, Board of Education buildings, recreational facilities, and
open space.
(5)
The utility service provider shall submit to the municipal land use
board, in the form and substance requested, an environmental impact
study (EIS) demonstrating the utility development and shall be in
full compliance with the stormwater management ordinances of the Borough
of Hillsdale. The proposed utility development shall not cause, contribute
to, or exacerbate the flooding of or detriment to a public or private
roadway, public or private watercourse, or municipal or private property.
Proof of meeting this requirement shall be included in the EIS submitted
to the land use board.
(6)
The submitted EIS shall include information showing that the proposed
utility development shall not impair or divert the movement of wildlife
across open spaces either on or below the ground surface, or in the
air, in such a way that would be detrimental to the Borough environment.
In the alternative, the EIS shall show, or the applicant shall provide
through testimony, that such relocation or natural movement of wildlife
will not occur or shall be mitigated within the utility property through
proven methods. The utility provider shall employ a third-party, New
Jersey Department of Environmental Protection, state-recognized, environmental
advocate or advocacy organization to approve such mitigation methods
or to confirm that no wildlife mitigation is required.
(7)
The proposed utility development shall not cause or contribute to
the release of stray electric current or voltage or static charge,
or cause or contribute to the mobilization of toxic or hazardous substances
or contamination of groundwater or surface waters, or result in a
noxious fumes or hazardous materials on a Borough public or private
roadway or on municipal or private property located within the Borough.
(8)
The proposed utility development shall not at any time negatively
impact or reduce the level of service of the Borough's transportation
system, including, but not limited to, roadways, pedestrian passageways,
and mass transit systems.
(9)
The proposed utility development shall not negatively impact, cause
additional travel time for, cause delays in, or compromise the Borough's
provision of emergency services to its residents, its businesses,
and to area municipalities.
(10)
During the course of its public hearing before the land use
board, the proposed utility provider shall provide testimony that,
should its installation include a component for emergency procedures
or events, such component shall not compromise the general health,
welfare, and safety of the Borough of Hillsdale residents and employees
of commercial enterprises.
(11)
To confirm that there is no negative impact to the Borough's
transportation system or provision of emergency services, the utility
service provider applicant shall submit referrals to the municipal
police, ambulance corps, Fire Department, Office of Emergency Management,
and local and regional Boards of Education, for review of the application,
to determine that there will be no negative impact on emergency services.
Affidavits showing that the necessary referrals have been made at
least 30 days prior to the public hearing on the matter are required.
(12)
In an effort to protect the desirable visual environment of
the Borough, to prevent potential devaluation of lands within the
Borough, and consistent with the purposes of zoning contained within
the Municipal Land Use Law,[1] the utility development shall be visually buffered at
all times of the year from all adjacent properties, including, but
not limited to, public and residential property. Buffers shall provide
a solid barrier from view of the utility development from adjacent
residential lands and municipal open space or parks or from lands
used for residential purposes. The only exception to this requirement
is where the utility development and/or infrastructure is located
on public lands or within the public rights-of-way and visual screening
is deemed impracticable by the reviewing land use board. The maximum
height of a solid, man-made barrier shall be no greater than that
permitted in the zone district for fences. Visual mitigation may also
include, but is not limited to, colorized or architecturally treated
construction materials to visually blend with vegetated surroundings,
mass evergreen or pine plantings, or other means deemed appropriate
by the reviewing land use board. Buffers may be planted on adjacent
residential properties to achieve the same barrier effect, with approval
by the reviewing land use board and the property owner on which the
buffer will be planted. Tree removal restitution shall be as prescribed
in other sections of the Land Use Ordinance.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(13)
As part of the conditional use and site plan approval process
for a proposed new utility development or an existing utility development,
the application shall include an environmental impact study (EIS)
in the form and substance requested by the municipal land use board.
The EIS shall provide, at a minimum, that the proposed utility development
shall not produce heat, cold, fumes, or energy into the air, upon
the ground surface or into groundwater without a balanced environment
for the same, either through natural plantings, mechanical conditioning,
or choice of colors and materials. Ambient temperatures over the lands
to be improved shall be maintained from the preconstruction environment
or shall be compensated within the utility development or on lands
within the Borough.
(14)
The site plan shall include a lighting plan, which will be designed
so that all site, emergency, security, or architectural lighting of
the proposed utility development shall be shielded. The light source
element and light glare shall not be visible at any angle from adjacent
residential properties and shall not produce trespassing glare to
the public rights-of-way, thoroughfares, or pedestrian walkways.
(15)
The site plan shall include a temporary traffic control plan
to maintain a safe environment for both motorists and pedestrians.
The proposed utility development shall provide for temporary traffic
controls during construction, as approved by the Borough and the County
Engineer. Such traffic controls may include temporary traffic signals
or warning devices, traffic control personnel, temporary bridges,
temporary pedestrian walkways and structures, and placement and availability
of emergency service vehicles to remove disabled motorists if such
impairment affects the local transportation network of streets and
roadways. Determination and need for the above by the Borough Engineer
shall be made upon presentation and review of traffic circulation/mitigation
studies submitted to the reviewing land use board.
(16)
Subject to the review of the land use board, the proposed utility
development shall not produce any noise, sound, or vibrations, either
intermittent or continuous, above the limits of accepted standards
for noise decibel volume at the utility company property line at any
time, considering all times of the year. Such sound or vibration emanation
shall be effectively buffered by either proven mechanical or natural
means, as shown by environmental and/or mechanical studies presented
to the reviewing land use board as part of the site plan application.
This may include power emergency generators, standby or stored vehicles
or equipment, pumps and mechanical devices, transformers, meters,
valves, and high-velocity movement of utility products either above
or below the ground surface.
(17)
The utility provider's site plan shall include sustainable building
practices to promote the utilization of renewable energy resources
consistent with the purposes of the Municipal Land Use Law.
(18)
All bulk and design standards of the underlying zone district
in which the utility development is located shall be followed.
C.
Apparel laundries and apparel dry-cleaning establishments. These
uses may be permitted in any C Commercial or I Industrial District
only if:
(1)
A site plan meeting the requirements of this chapter shall be filed
with the Planning Board, in triplicate, by the applicant.
(2)
Items intended for laundering or dry cleaning shall not be received
in wholesale lots or bulk lots, but shall be received only from the
owners thereof at retail.
(3)
An establishment shall not exceed a gross floor area of 1,600 square
feet.
(4)
An establishment shall not be permitted in any premises occupied
or used in part as a dwelling unit.
(5)
An establishment shall not be permitted within 200 feet of any existing
noncommercial use.
(6)
An establishment shall be permitted to operate only with an employee
attendant present at all times of operation.
(7)
No establishment shall be permitted that shall be noxious or injurious
to adjacent properties by reason of noise, odor, glare or vibration.
D.
Nursing homes. Nursing homes may be permitted in the SP Semipublic
District only if:
(1)
A site plan meeting the requirements of this chapter shall be filed
with the Planning Board, in triplicate, by the applicant.
(2)
The nursing home shall be duly licensed under the New Jersey Nursing
Home and Hospital Licensing Act (N.J.S.A. 30:11-1 et seq.) and shall
conform in all respects to the standards prescribed by the appropriate
agencies of the State of New Jersey.
(3)
The structure or use shall conform to all requirements for the SP
Zone District.
(4)
Off-street parking facilities as required by § 310-59 shall be provided on the premises in the rear and side yards, but not in the front yard.
(5)
One sign shall be permitted and may bear only the name of the establishment
and the street address. If such sign is to be illuminated, the illumination
shall be from within. Such sign shall not exceed four square feet
in area on either side and five feet in height and shall be situated
not less than five feet inside the property lines.
E.
Funeral homes. Funeral homes may be permitted in the SP Semipublic
Zone if:
(1)
A site plan meeting the requirements of this chapter shall be filed
with the Planning Board, in triplicate, by the applicant.
(2)
It shall be determined by the Planning Board that the proposed use
and construction plans will not adversely affect the value of adjacent
properties, that the design of any structures or alterations will
be in keeping with the general character of the area and that sufficient
landscaping, including trees, shrubs and lawn, will be provided to
serve as a buffer between the proposed use and any adjacent use other
than another funeral home.
(3)
Off-street parking spaces shall be provided in accordance with the provisions of § 310-59 of this chapter. However, there shall be no parking in the front yard, and side-yard parking shall not be closer than 25 feet to any lot line.
[Amended 5-13-1997by Ord.
No. 97-8]
(4)
The minimum lot area shall be 40,000 square feet, and a minimum yard
depth of fifty feet shall be maintained on four sides of the building.
F.
Schools. Public, parochial or nonprofit private schools, but not
trade, vocational, commercial or business schools, may be permitted
in any residential district if:
(1)
A site plan meeting the requirements of this chapter shall be filed
with the Planning Board, in triplicate, by the applicant.
(2)
The curriculum of the proposed school shall be approved by the New
Jersey Department of Education.
(3)
The minimum lot area for an elementary school shall be five acres
plus one additional acre for each 100 pupils. The minimum lot area
for an intermediate school, high school or institution of higher learning
shall be 10 acres, plus one additional acre for each 100 pupils. Not
more than 35% of the site shall be covered by buildings.
(4)
The minimum street frontage for an elementary school shall be 150
feet. The minimum street frontage for all other schools shall be 400
feet.
(5)
A front and rear yard, each with a depth of not less than 100 feet,
and two side yards, each with a width of not less than 50 feet, shall
be provided. No parking shall be permitted within 25 feet of any street
or property line; no organized play facility or area shall be permitted
within 100 feet of any street or property line; and no buildings shall
be allowed within 50 feet of any street or property line.
(6)
Off-street parking shall be provided in accordance with the requirements of § 310-59 of this chapter.
(7)
No driveway shall open onto a public street or road within 100 feet
of an intersection of such street or road with another public street
or road. In determining the suitability of proposed or existing driveways
upon the site, the Board shall consider such factors as grade and
sight distance, the number and pattern of driveways, the number, location
and design of ingress and egress points, the volume of traffic which
may be anticipated on the site and upon the adjoining roads and the
condition and width of pavement of adjoining roads.
(8)
Illumination for night athletic activities shall be shielded from
view from adjoining streets and residential uses.
G.
A satellite antenna which complies with the following requirements:
(1)
In all Residential Districts and in the commercial district, the
antenna surface area, in square feet, shall be no more than 12. The
equivalent diameter of the cable dish, in feet, shall be no more than
four, and the maximum antenna height, in feet, shall be no more than
eight.
(2)
In the Commercial District, the antenna surface area, in square feet,
shall be no more than 50; the equivalent diameter of the cable dish,
in feet, shall be no more than eight, and the maximum antenna height
shall be no more than 12 feet.
[Amended 5-13-1997by Ord.
No. 97-8]
(3)
The surface area of any reflective dish shall not exceed 12 square
feet in all districts except the Commercial District where the size
shall not exceed 50 square feet.
[Amended 5-13-1997 by Ord. No. 97-8]
(4)
The dish shall be erected on a secure ground-mounted foundation.
(5)
The overall height from the mean ground level to the highest point
of the antenna or any attachments thereto when extended to their full
height should not exceed the height, measured in feet, shown in the
Schedule[2] for maximum antenna height in any one zoning district.
[2]
Editor's Note: The Schedule of Uses and Requirements is on file in the Borough offices and is included as an attachment to this chapter.
(6)
The antenna shall be located in the rear yard and not violate any
yard and set back requirement of the main building.
(7)
The antenna shall be located and screened to minimize motor noise
and visual impact from the street and adjacent properties. The ability
to install the antenna in an unobtrusive location and to minimize
noise and visual impact on adjacent property and from the street shall
be a major factor in determining whether or not the conditional use
is approved.
(8)
The antenna shall be designed for use by residents of the main building
only.
(9)
Installation of satellite antenna on a flat roof is permitted only
in the Commercial and Industrial Districts and on all public and private
schools and municipal buildings, provided that such roof installations
shall be no higher than four feet above the roofline and the dishes
are concealed from public view.
(10)
Site plan approval by the Planning Board will be required for
the installation of a satellite antenna in all zone districts. Each
application shall include an antenna plan showing the specific design,
location, size and construction of the proposed antenna which shall
comply in all respects with the standards enumerated herein.
(11)
Application for site plan approval for a conditional use permit to install a satellite antenna shall be on forms provided by the Planning Board. The applicant shall pay the fee for conditional use permits as set forth in § 310-29.[3] The Planning Board shall then conduct a public hearing to determine if the conditional use requirements as set forth in § 310-66B and C have been satisfied.
(12)
Where the antenna surface area is less than a nineteen-inch
diameter, the antenna is permitted in any district without conditions.
[Added 5-13-1997 by Ord.
No. 97-8]
H.
Places of worship. Places of worship shall be permitted in any district
if all of the following conditions are met:
(1)
A site plan meeting the requirements of Part 5 shall be filed with
the Planning Board, in triplicate, by the applicant.
(2)
No parking shall be located closer than 15 feet to the property line of any adjacent residential lot. Such fifteen-foot buffer shall be screened in accordance with § 310-113D of this chapter. When parking areas abut zones other than residential, the requirements of the adjacent zone shall be applied regarding buffers, in addition to the requirements of § 310-113D.
(3)
Driveways shall be located as far away as practicable from existing
or proposed street intersections.
(4)
The following off-street parking spaces shall be required:
(6)
Minimum lot size shall be two acres.
(8)
Minimum side yard and rear yard setbacks shall be equal to 0.90 times
the actual building height.
(9)
There shall be no maximum total gross floor area for buildings other
than the principal building, but in no case shall the total building
coverage exceed the maximum building coverage requirements for the
zone.
(10)
Places of worship currently in existence on the effective date
of this chapter shall, if damaged or destroyed, be permitted to be
rebuilt to the same building coverage and building height as existed
prior to any damage or destruction.
I.
Age-restricted housing development.
[Added 2-6-2007 by Ord.
No. 07-01]
(1)
Single-family detached age-restricted housing shall be permitted
in the R-2 Zone if all of the following conditions are met:
(a)
Required minimum contiguous tract area, completely located within
the Borough of Hillsdale: eight acres.
(b)
Site plan approval shall be required.
(c)
The plan shall address all issues of the tract's infrastructure,
including but not limited to delivery of proper water supply, disposal
of waste, trash, drainage and assurance of ingress and egress.
(d)
The applicant shall demonstrate through the site plan that each
dwelling in the age-restricted housing development has an architectural
theme with variations in design to provide harmonious, theme-related,
earth-tone colors in the style and architectural character commonly
referred to as Early Colonial, New England Colonial, Georgian, Federal,
Queen Anne or Jeffersonian. Landscape plantings, building orientation
on the lot, topography, natural features and individual dwelling unit
design shall all be considered for the total tract development. Staggering
unit setbacks, utilizing different exterior materials, changing rooflines
and roof designs, altering building heights and types of windows,
shutters, doors and facade orientation, and other creative design
techniques are encouraged and will be considered by the Planning Board
during its review process.
(e)
Roadway widths and improvements shall be in conformance with
the Residential Site Improvement Standards.
(f)
A system of continuous walkways not less than four feet in width
shall be provided throughout the development, along the roadway system
and connecting to and including any common open space areas. The location
of the sidewalks shall be confirmed during the site plan approval
process.
(g)
At least 25% of the total tract of the age-restricted housing
development shall be set aside as common open space. Where feasible,
common open space areas shall include passive open space improvements
such as walking paths or benches.
(h)
One freestanding sign located at each entrance to the tract
is permitted. Such sign shall not exceed 15 square feet and shall
be located so the sign bottom is flush with the ground, landscape
plantings or retaining wall. The top of said sign shall not exceed
3.5 feet from the ground surface. The sign shall be surrounded by
landscape plantings.
(i)
All signs shall be designed with a consistent theme incorporating
letter style and construction material. The letter and background
colors should be coordinated so that they do not violate any regulatory
sign colors as required by state or federal standards.
(j)
All utilities shall be installed underground.
(k)
The site plan shall include a landscape plan detailing the type,
size and location of plantings in the buffer area and throughout the
development. The landscape plan shall be reviewed during the site
plan process and by the Environmental Commission.
(l)
The landscape plan shall also show street tree plantings. Street
trees shall be planted on both sides of the street a distance of no
more than 30 feet apart.
(m)
Street lighting shall be provided on the site plan. Decorative
lighting shall be provided, subject to the approval by the Planning
Board during the site plan review.
(n)
The dwellings may consist of two stories and a basement. However,
the second story shall contain no more than 900 square feet.
(o)
Each dwelling shall contain at least one bedroom and bathroom
located on the main floor (ground story).
(p)
An attached two-car garage with a minimum floor area of 400
square feet shall be provided for each market-rate dwelling unit.
Each unit shall also include a private driveway that provides two
additional off-street parking spaces.
(q)
The sum of floor area of the first and second stories of each
market-rate unit shall be between 2,500 square feet and 3,000 square
feet. This figure includes the attached garage, but does not include
any basement area.
(r)
Accessory detached structures, such as detached garages, sheds
and private swimming pools are prohibited. Fencing surrounding the
development is permitted, subject to a demonstration to the Planning
Board during site plan review that such fencing does not interfere
with the required landscape buffer effect of providing green screening.
Fencing around individual dwelling units is prohibited.
(s)
Patios and/or decks on individual dwelling units must be included
on the approved site plan. Any patio and/or deck not shown on the
approved site plan shall not be permitted.
(t)
Buildings shall be set back a minimum of 25 feet from all exterior
property lines of the tract.
(u)
A planted landscape buffer area shall extend from all exterior
property lines of the tract a minimum depth of 20 feet. The buffer
area may be included in the required twenty-five-foot building setback
to exterior tract property lines referenced above. Buffering shall
be designed to provide a year-round visual screen. The buffer area
may include decorative fencing only to a height generally permitted
in the R-2 Zone. No buildings, driveways or sidewalks are permitted
in the buffer area. Roadway access into and out of the age-restricted
housing development may occur through the buffer area. The maximum
total permitted roadway area within the buffer area shall not exceed
1,000 square feet. The buffer area will be approved as part of the
site plan review, and will be subject to review by the Environmental
Commission.
(v)
Patios, unroofed porches and unroofed decks less than four feet
above finished grade which are less than 20% of the gross principle
dwelling area footprint may extend 10 feet into the required twenty-five-foot
setback referenced above. However, such improvements shall not be
placed in the required landscape buffer area.
(w)
Maximum permitted building height: 30 feet.
(x)
Maximum total floor area ratio: 22%.
(y)
Maximum total impervious coverage: 28%. The impervious coverage
calculations shall include all building footprints, driveways, walkways
and deck areas. Surfaces such as brick pavers, laid stones, slate
or timber with open joints shall all constitute 50% of impervious
surface coverage. Wherever possible, brick pavers should be used for
walkways, patios and driveways to reduce the impervious coverage.
(z)
Maximum total building coverage: 20%.
(aa)
Minimum side-to-side building separation: 30 feet.
(bb)
Minimum back-to-back building separation: 50 feet.
(cc)
Minimum setback from garage front to paved roadway: 28 feet.
The attached garage structure and any second level located above the
garage shall be set back a minimum of 28 feet from the paved roadway.
The remainder of the dwelling may be set back a minimum of 25 feet
from the paved roadway. In the instance of a corner lot, the dwelling
must maintain the full required setback to both paved roadways.
(2)
Permitted accessory uses: recreational structures and facilities,
as limited common elements to be used solely by unit owners of the
age-restricted housing development and their guests. Such facilities
shall comply with all applicable bulk requirements of the age-restricted
housing development, including but not limited to the prohibition
of such improvements in the required buffer area.
(3)
Growth share requirement.
(a)
All age-restricted housing developments that result in the construction
of new market-rate dwelling units in the Borough of Hillsdale shall
provide one affordable housing unit for every eight market rate units
constructed. Affordable housing units being constructed on site shall
be in conformance with COAH's third round rules at N.J.A.C. 5:94-1
et seq. and the Uniform Housing Affordability Controls at N.J.A.C.
5:80-26.1 et seq., including but not limited to requirements regarding
phasing schedule, controls on affordability, low/moderate income split,
heating source, maximum rent and/or sales prices, affordability average,
bedroom distribution, and affirmative marketing.
(b)
The affordable units may be developed in a duplex arrangement.
If the growth share results in the need to construct more than two
affordable units, the duplexes shall be located throughout the development
so they are not immediately adjacent. Design techniques, such as placement
of entry doors, garages and windows should be utilized so that the
duplex containing the two attached affordable units appears to resemble
one of the market rate single-family dwelling units. The duplex(es)
shall maintain the bulk regulations established for the market-rate
units with the following exceptions:
(c)
The developer may elect to provide a payment in lieu of construction
of affordable housing units. The cost per market-rate unit shall be
$34,117 or an amount not less than the payment-in-lieu figure prepared
by the New Jersey Council on Affordable Housing (COAH) for COAH Housing
Region 1, whichever shall be higher, unless otherwise restricted by
law.
(d)
The developer may utilize a combination of construction of affordable
units and payment in lieu of construction of affordable units to meet
the growth share requirement. The total combination of construction
of affordable housing and payment in lieu of construction of affordable
housing shall equal the growth share generated by the development,
including any fractional obligation.
