Township of Livingston, NJ Article XII District Regulations

§ 170-95 WRC Water Resource Conservation District.

[Added by Ord. No. 2-1996]

A. Primary intended use. The WRC Water Resource Conservation District is designed and intended to restrict development of lands which are environmentally sensitive and lands which are vital to the preservation of regional water supplies. Consistent with that objective only the following structures and uses shall be permitted:

(1) Utility facilities directly related to the protection, preservation and distribution of regional water supplies.

(2) Park and outdoor recreation uses of a type which involve essentially unimproved land and only those structures, off-street parking and other improvements that are designed to be incidental to the natural openness of the land.

(3) Accessory uses customarily associated with the above uses, provided that such accessory uses are subordinate to the principal use, do not change the character of the principal use and serve only the principal use.

B. Prohibited uses. Any residential use and any other use not listed in § 170-95A is prohibited.

C. Required conditions. The following requirements must be complied with in the WRC Water Resource Conservation District:

(1) Height of buildings. No building shall exceed a height of 35 feet.

(2) Yards. All structures, except for wells, and any areas devoted to recreation use, shall have a minimum setback of 100 feet from all property lines and 200 feet from any residence.

(3) Minimum lot area. Every lot shall contain a minimum area of five acres.

§ 170-96 R-1 Residence District.

[Amended by Ord. No. 7-1987; Ord. No. 12-1987; Ord. No. 42-1987; Ord. No. 5-1994; Ord. No. 45-1997; Ord. No. 1-2000; Ord. No. 9-2000]

A. Primary intended use. The R-1 Residence District is designed for single-family residential use, but in addition thereto the following structures and uses shall be permitted:

(1) Accessory uses customarily incident to such single-family residential use, provided that they do not include any activity commonly conducted for gain unless specifically permitted in this section.

(2) No more than one of any of the following additional accessory uses:

(a) The professional office of an accountant, architect, attorney, chiropractor, dentist, engineer, optometrist, social worker, physician, psychologist or surveyor, provided that:

[1] The professional using such office resides in the building, and the office use is incidental and subordinate to the use of the building as a single-family residence by such person.

[2] Such office is accessory to and part of said building and no more than 40% of the floor area of such residence building or 750 square feet thereof, whichever is less, is devoted to such office use.

[3] Said building is located on a lot or parcel of land fronting on Livingston Avenue, Mount Pleasant Avenue, Northfield Road, Old Short Hills Road, Passaic Avenue, South Orange Avenue or Walnut Street.

[4] Parking and parking facilities conforming to § 170-94 shall be provided.

(b) A residence-based business for the conduct of either activity of an office nature only or activity of a creative/artistic nature only, each performed for pecuniary gain in or from a residency or dwelling unit by one or more residents of that residence or dwelling unit and which:

[1] Is not inconsistent with the otherwise exclusively residential character of the residence or dwelling unit and presents no outside appearance of business use;

[2] Does not entail any external modification of a structural nature;

[3] Displays no signs;

[4] Uses no equipment, material or process that creates noise, vibration, glare, fumes, odors, radiation, electrical or electronic interference (including interference with radio or television reception) which affects any neighbor;

[5] In the case of a residence or dwelling unit which is part of a common interest ownership community, does not cause an increase in common expenses that can be attributable to a business activity;

[6] Does not involve use, storage or disposal of any grouping or classification of materials that the federal government of any state or local governing body designates as explosive or hazardous;

[7] Is conducted within no more than 20% of 325 square feet, whichever is less, of the floor area of the residence or dwelling unit;

[8] Is conducted in, or directed from, the residence or dwelling unit solely by residents of the residence or dwelling unit and has no other employees on the premises;

[9] Does not have deliveries to or shipments from, or cause vehicular traffic to or from the premises, in excess of that normally related to residential use in the neighborhood; and

[10] Has no customers, patients or other business invitees to the premises, except that up to two students at a time may be on the premises for tutoring, fine arts instruction or music instruction.

(3) Conditional uses as permitted and regulated in § 170-88 of this chapter.

(4) Signs conforming to § 170-90.

(5) Private garages conforming to § 170-87I hereof.

(6) Not more than two permanent roomers or boarders per family.

(7) Temporary permits as regulated in § 170-87M hereof.

(8) Outdoor private swimming pools are permitted only in rear yards, provided that all of the following regulations are complied with:

(a) The area of the private swimming pool shall not exceed 10% of the rear yard area.

(b) The pool shall be equipped with a filtration, circulation, clarification and chlorination system adequate to maintain the water in a clean and healthful condition in accordance with the health requirements of the Township.

(c) The discharge pipe leading from any private swimming pool shall not exceed two inches in diameter, and the discharge pipe of all such pools which may hereafter be constructed shall be composed of galvanized iron or such other standard and durable material as may be approved by the Township Engineer. No private swimming pool shall be wholly or partially emptied in any manner that will cause water to flow upon the premises of another, and no private swimming pool shall be wholly or partially emptied upon any land if a stormwater drain is readily accessible to the premises on which the pool is located. No private swimming pool shall be wholly or partially emptied into any sanitary sewer system, cesspool or septic tank.

(d) No public water shall be used in connection with the operation of any private swimming pool during any time when restrictions are imposed upon the use of public water.

(e) Every outdoor private swimming pool shall be completely enclosed with a permanent substantial fence (with gate or gates) no less than four feet in height above the ground level. No opening in such fence or gate shall be more than four inches in width. Every such fence and gate shall be so designed, constructed and maintained so as to prevent access to the pool at any time except when the pool is in use under the supervision of the possessor of the pool or by his permission.

(f) The swimming pool shall not be closer than 20 feet to any side or rear lot lines of the premises; provided, however, that on corner lots no part of any pool shall be constructed closer to the side street right-of-way line than the front yard setback requirement of the zone district in which the subject is located.

(g) The only artificial pool lighting permitted is that which is below the level of the water.

(9) Private tennis courts, provided that all of the following regulations are complied with:

(a) The tennis court shall be restricted to the rear yard.

(b) The fence enclosure for the tennis court (or the tennis court itself if there be no fence enclosure) shall be located at least 10 feet from any side or rear lot lines. On corner lots, the fence enclosure (or the tennis court itself should there be no fence enclosure) shall be set back from the side street a distance at least equal to the front yard setback requirement of the zone district in which the subject lot is located.

(c) The maximum height of the fence enclosure shall be 10 feet. Fence enclosures shall be of chain-link construction and must include a top rail.

(d) Artificial lighting is prohibited.

(e) The requirements of § 170-72C, Lot surface drainage, shall apply to the construction of tennis courts.

[Added 8-4-2008 by Ord. No. 20-2008]

(10) Sports courts.

[Added 8-4-2008 by Ord. No. 20-2008]

(a) Definition. Surface in the rear yard design for multipurpose recreational games, such as tennis, basketball, racquetball and other sports.

(b) A sports court shall be restricted to the rear yard.

(c) The fence enclosure for the sports court (or the sports court itself, if there is no fence enclosure) shall be located at least 10 feet from any side or rear lines. On corner lots, the fence enclosure (or the sports court itself, should there be no fence enclosure) shall be set back from the side yard a distance of at least equal to the front yard setback of the zone in which the subject lot is located.

(d) The maximum height of the fence enclosure shall be 10 feet. Fence enclosure must be of a chain link construction and must include a top rail.

(e) Artificial lighting is prohibited.

(f) No sports court shall exceed 120 feet in total length and 60 feet in total width.

(g) The requirements of § 170-72C, Lot surface drainage, shall apply to the construction of sports courts.

(11) Accessory buildings conforming to § 170-87E hereof.

[Added 8-9-2021 by Ord. No. 17-2021]

B. Prohibited use. Any use other than those listed in § 170-96A is prohibited.

C. Required conditions. The following requirements must be complied with in the R-1 Residence District:

(1) Height of buildings. No building shall exceed a maximum height of 35 feet.

(2) Front yard. There shall be a front yard of not less than 75 feet, except that, where any existing building or buildings on the same side of the street and within 300 feet from an established setback, new buildings may conform to such established line, provided that no new building shall project closer than 50 feet to the front street right-of-way line nor need set back more than 100 feet from said line.

(3) Side yard. There shall be two side yards, neither of which shall be less than 15 feet in width; provided, however, that the aggregate width of the two side yards shall equal at least 30% of the lot width at the building line.

(4) Rear yard. There shall be a rear yard of at least 75 feet, except that an attached sun deck or patio may extend into such required rear yard for a distance of 10 feet; provided, however, that:

(a) The floor area of such attached sun deck or patio within such required rear yard area does not exceed 200 square feet.

(b) The height of such attached sun deck or patio does not exceed three feet above the lowest ground elevation immediately surrounding the same.

(c) The height of any protective railing or wall around such attached sun deck or patio does not exceed 42 inches measured from the floor thereof.

(5) Minimum lot area. Every lot shall contain a minimum lot area of 35,250 square feet, which must be measured within 235 feet of the front street right-of-way line; provided, however, that within a major subdivision employing the use of open space zoning or residential cluster as defined in this chapter, lots may be reduced in area to no less than 25,000 square feet, measured within 200 feet of the front street right-of-way line; provided, however, that all front, side and rear yard requirements of the R-2 Zone shall be complied with, and further provided that all of the following requirements are complied with in their entirety:

(a) The subdivider shall either deed to the Township for open space or shall set aside within the subdivision open space which will be the sum total of the difference between 35,250 square feet and the lot area of each lot in the subdivision so reduced when measured within 200 feet of the front street right-of-way line. If the open space is not deeded to the Township, it shall be owned and maintained by an open space organization pursuant to Subsection C(5)(g) of this section.

(b) No area to be so deeded shall be less than three acres unless the area is to be joined to an existing or proposed parcel of Township land, the aggregate size of which shall not be less than three acres or unless a smaller area is shown on the Master Plan or Official Map of the Township.

(c) Any subdivision employing open space zoning or residential cluster shall not be approved if there is more than 1.1 building lots per acre, including all lands to be set aside for open space.

(d) The area to be deeded for open space under the terms of this section shall be at a location and shape as approved by the Planning Board.

(e) The Planning Board need not approve any subdivision employing open space zoning if, in its sole discretion, open space zoning would not be suitable for the orderly development of the area in which it is located or would not conform to the general pattern of the development of existing community facilities or school/park lands or the general pattern of the development of such facilities or school/park lands as shown on the Master Plan or Official Map of the Township.

(f) Open space zoning or residential cluster is optional with the subdivider and the foregoing requirements apply only if such option is exercised.

(g) Any subdivider that employs the concept of open space zoning or residential cluster as heretofore regulated shall either deed the open space land to the Township with Township approval or shall make provision for the establishment of an open space organization subject to the approval of the Township Council, which open space organization shall own and maintain said open space for the benefit of owners or residents of the development. 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 the same to the Township of Livingston. In the event that such organization shall fail to maintain the open space in reasonable order and condition, the Planning Board may serve written notice upon such organization or 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 therein, which shall be held within 15 days of the notice. At such hearing, the Planning Board 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 the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Planning Board 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 Planning Board, 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 Planning Board 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 Planning Board shall determine 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 Planning Board 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 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.

(6) Maximum building coverage ratio. No development shall exceed the maximum building coverage ratio as calculated in accordance with the provisions of § 170-87V.

(7) Registration. No residence-based business, except when, telecommuting is the sole activity, and no professional office permitted as a residential accessory use shall commence or continue unless the person or persons engaged in such use shall have registered at the Planning/Building Department of the Township of Livingston and paid a one time fee as follows:

[Amended 9-2-2008 by Ord. No. 28-2008; 11-3-2008 by Ord. No. 38-2008]

(a) Residence-based business: $50.

(b) Professional office as a residential accessory use: $150.

(8) Habitable floor area and habitable floor area ratio. No building(s) shall exceed the lesser of the habitable floor area maximum according to the schedule in § 170-87BB or the habitable floor area ratio established in the schedule in § 170-87CC except for those permitted in § 170-87DD.

[Added 9-5-2006 by Ord. No. 40-2006]

§ 170-97 R-2 Residence District.

[Amended by Ord. No. 5-1994]

A. Primary intended use. The R-2 Residence District is designed for single-family residential use, but also permits all structures and uses mentioned and regulated in § 170-96A.

B. Prohibited use. Any use other than those authorized or permitted in § 170-96A is prohibited.

C. Required conditions. The following requirements must be complied with in the R-2 Residence Districts:

(1) Height of buildings. No building shall exceed a maximum height of 35 feet.

(2) Front yard. There shall be a front yard of not less than 60 feet, except that where any existing building or buildings on the same side of the street and within 250 feet form an established setback, new buildings may conform to such established line, provided that no new building shall project closer than 50 feet to the front street right-of-way line nor need set back more than 75 feet from said line.

(3) Side yards. There shall be two side yards, neither of which shall be less than 15 feet in width; provided, however, that the aggregate width of the two side yards shall equal at least 30% of the lot width at the building line.

(4) Rear yard. There shall be a rear yard of at least 50 feet, except that an attached sun deck or patio may extend into such required rear yard for a distance of 10 feet; provided, however, that:

(a) The floor area of such attached sun deck or patio within such required rear yard area does not exceed 200 square feet.

(b) The height of such attached sun deck or patio does not exceed three feet above the lowest ground elevation immediately surrounding the same.

(c) The height of any protective railing or wall around such attached sun deck or patio does not exceed 42 inches measured from the floor thereof.

(5) Minimum lot area. The minimum lot area of 25,000 square feet must be measured within 200 feet of the front street right-of-way line.

(6) Maximum building coverage ratio. No development shall exceed the maximum building coverage ratio as calculated in accordance with the provisions of § 170-87V.

(7) Habitable floor area and habitable floor area ratio. No building(s) shall exceed the lesser of the habitable floor area maximum according to the schedule in § 170-87BB or the habitable floor area ratio established in the schedule in § 170-87CC.

[Added 9-5-2006 by Ord. No. 40-2006]

§ 170-98 R-3 Residence District.

[Amended by Ord. No. 5-1994]

A. Primary intended use. The R-3 Residence District is designed for single-family residential use, but also permits all structures and uses mentioned and regulated in § 170-96A.

B. Prohibited use. Any use other than those authorized or permitted in § 170-96A is prohibited.

C. Required conditions. The following requirements must be complied with in the R-3 Residence Districts:

(1) Height of buildings. No building shall exceed a maximum height of 35 feet.

(2) Front yard. There shall be a front yard of not less than 50 feet, except that where any existing building or buildings on the same side of the street and within 200 feet form an established setback, new buildings may conform to such established line, provided that no new building shall project closer than 40 feet to the front street right-of-way line nor need set back more than 60 feet from said line.

(3) Side yards. There shall be two side yards, neither of which shall be less than 10 feet in width; provided, however, that the aggregate width of the two side yards shall equal at least 30% of the lot width at the building line.

(4) Rear yard. There shall be a rear yard of at least 40 feet, except that an attached sun deck or patio may extend into such required rear yard for a distance of 10 feet; provided, however, that:

(a) The floor area of such attached sun deck or patio within such required rear yard area does not exceed 200 square feet.

(b) The height of such attached sun deck or patio does not exceed three feet above the lowest ground elevation immediately surrounding the same.

(c) The height of any protective railing or wall around such attached sun deck or patio does not exceed 42 inches measured from the floor thereof.

(5) Minimum lot area. The minimum lot area of 15,000 square feet must be measured within 150 feet of the front street right-of-way line.

(6) Maximum building coverage ratio. No development shall exceed the maximum building coverage ratio as calculated in accordance with § 170-87V.

(7) Habitable floor area and habitable floor area ratio. No building(s) shall exceed the lesser of the habitable floor area maximum according to the schedule in § 170-87BB or the habitable floor area ratio established in the schedule in § 170-87CC.

[Added 9-5-2006 by Ord. No. 40-2006]

§ 170-99 R-4 Residence District.

[Amended by Ord. No. 5-1994]

A. Primary intended use. The R-4 Residence District is designed for single-family residential use, but also permits all structures and uses mentioned and regulated in § 170-96A.

B. Prohibited use. Any use other than those authorized or permitted in § 170-96A is prohibited.

C. Required conditions. The following requirements must be complied with in the R-4 Residence Districts:

(1) Height of buildings. No building shall exceed a maximum height of 35 feet.

(2) Front yard. There shall be a front yard of not less than 40 feet, except that where any existing building or buildings on the same side of the street and within 200 feet form an established setback, new buildings may conform to such established line, provided that no new building shall project closer than 30 feet to the front street right-of-way line nor need set back more than 50 feet from said line.

(3) Side yards. There shall be two side yards, neither of which shall be less than 10 feet in width; provided, however, that the aggregate width of the two side yards shall equal at least 30% of the lot width at the building line.

(4) Rear yard. There shall be a rear yard of at least 35 feet, except that an attached sun deck or patio may extend into such required rear yard for a distance of 10 feet; provided, however, that:

(a) The floor area of such attached sun deck or patio within such required rear yard area does not exceed 200 square feet.

(b) The height of such attached sun deck or patio does not exceed three feet above the lowest ground elevation immediately surrounding the same.

(c) The height of any protective railing or wall around such attached sun deck or patio does not exceed 42 inches measured from the floor thereof.

(5) Minimum lot area. The minimum lot area of 9,375 square feet must be measured within 125 feet of the front street right-of-way line.

(6) Maximum building coverage ratio. No development shall exceed the maximum building coverage ratio as calculated in accordance with the provisions of § 170-87V.

(7) Habitable floor area and habitable floor area ratio. No building(s) shall exceed the lesser of the habitable floor area maximum according to the schedule in § 170-87BB or the habitable floor area ratio established in the schedule in § 170-87CC.

[Added 9-5-2006 by Ord. No. 40-2006]

§ 170-100 R-5A Residence District.

[Added by Ord. No. 6-1997; amended by Ord. No. 27-1997]

A. Purpose. The purpose of the R-5A Residence District is to implement provisions of the Housing Element and Fair Share Plan for the Township of Livingston and a Mt. Laurel Development Agreement approved by the Superior Court.

B. Permitted principal uses and densities. Property in the R-5A District may be developed only for townhouses and multifamily units at a maximum gross density of the tract of 4.3 units per acre and a maximum of 7.4 units per developable acre of the tract (exclusive of wetlands and flood hazard areas).

C. Fair share obligation. Any development shall be contingent upon compliance with the terms of the applicable Mt. Laurel Agreement approved by the Superior Court, which provides for development of 172 market units and 32 affordable rental units. Special requirements for affordable units shall be as set forth in Article XIV of this chapter.

D. Permitted accessory uses. The following accessory uses are permitted in the R-5A District:

(1) Private garages.

(2) Buildings for storage of maintenance equipment.

(3) Off-street parking in accordance with § 170-100E(8).

(4) Signs in accordance with § 170-100E(12).

(5) Private recreation buildings and facilities, including swimming pools, intended for use by residents of the premises.

E. Required conditions. The following zoning standards shall apply to development in the R-5A District:

(1) Minimum tract area: 25 acres.

(a) A single development plan shall be submitted for the entire tract which must conform with all standards and requirements of this § 170-100. These requirements shall not be construed to prohibit the placement of individual buildings on separate lots, provided that there is compliance with the criteria governing minimum distance between buildings in § 170-100E(5).

(2) Minimum building setback.

(a) From public streets and tract boundaries: 40 feet (25 feet if adjacent to a nonresidential zone and building wall does not exceed 65 feet in length).

(b) From internal streets and property lines: 20 feet.

(c) From parking areas (excluding driveways in front of individual garages): residential buildings, 15 feet; nonresidential buildings, five feet.

(d) Patios and decks may extend into a required rear yard, provided that they do not extend more than 10 feet beyond the building wall.

(e) Bay windows, roof overhangs, chimneys and similar appurtenances may extend not more than three feet into a required yard area.

(3) Maximum building height: 2 1/2 stories or 35 feet.

(4) Maximum number of dwelling units per building: townhouses, six; multifamily, 16.

(5) Minimum distances between buildings. There shall be a minimum distance between buildings containing dwelling units, as provided in the following schedule:

	Type of Building Arrangement	Minimum Distance at Any Point (feet)
	Front facing front Front facing rear Front facing side Rear facing rear Rear facing side Side facing side	65 65 35* 65 35* 20*

*

NOTE: Not less than 50 feet if driveway is located between buildings.

(6) Maximum building coverage: 15%.

(7) Maximum impervious coverage: 30%.

(8) Off-street parking. Off-street parking shall be provided in accordance with applicable provisions of § 170-85. In addition, no parking area or internal street shall be located within 10 feet of a nonresidential tract boundary or within 25 feet of a residential tract boundary, except that these setbacks may be reduced to the extent necessary to accommodate streets providing access to the tract. The minimum number of off-street parking spaces shall be in accordance with the following schedule:

	Type of Unit		Number of Spaces (per dwelling unit)
	Market units
		Studio/one-bedroom unit	1.75
		Two-bedroom unit	2.00
		Three-or-more-bedroom unit	2.50
	Affordable units
		Studio/one-bedroom unit	1.50
		Two-bedroom unit	1.75
		Three-or-more-bedroom unit	2.00

(a) Only one garage for each dwelling unit may be counted as a parking space, provided that it has a minimum width of nine feet and a minimum depth of 19 feet.

(b) Private driveways in front of garages for individual units may be counted as parking spaces, provided that there is a minimum width of nine feet for each space and a minimum depth of 20 feet.

(c) One parking space shall be provided for each 10 units to serve clubhouses, swimming pools and other recreational facilities.

(9) Accessory structures.

(a) Setbacks. Accessory buildings shall comply with the street, tract boundary and property line setbacks of the principal building. Swimming pools, tennis courts and other surfaced recreation facilities shall be at least 50 feet from a tract boundary line adjacent to a residential zone and at least 10 feet from any other tract boundary line.

(b) Height. The maximum height of an accessory structure shall be 16 feet, except that clubhouses shall be governed by the height limitations for principal buildings.

(c) Design. Architectural design and materials used in the construction of accessory buildings shall conform to those used in the construction of principal buildings.

(10) Roadway width. Roadways shall have a width of at least 25 feet.

(11) Open space and recreation. Exclusive of internal roadways and parking areas, there shall be provided a minimum of 30% of the entire tract for common open space and facilities.

(12) Sign regulations. The sign regulations in § 170-90 shall apply, subject to additional requirements as follows:

(a) Signs shall be permitted as authorized in the R-6 District under § 170-90B.

(b) At each entrance to the property, a maximum of two freestanding signs with a maximum combined area of 30 square feet indicating the name of the building or community. Any illumination shall be limited to either indirect lighting or diffused lighting, and the source of any lighting shall be shielded in such a manner as to not be visible from the street or any adjoining residential property.

(c) No signs shall be located closer to any street right-of-way line than 1/2 of the applicable building setback.

(d) On-site directional signs shall be permitted subject to limitations as to appropriate size and location as determined during the site plan approval process.

F. Unless otherwise specified herein, all other provisions and requirements of this Chapter 170, Land Use, shall apply to all development within the R-5A District.

§ 170-101 R-5B Residence District.

[Added by Ord. No. 18-1997]

A. Purpose. The purpose of the R-5B Residence District is to implement provisions of the Housing Element and Fair Share Plan for the Township of Livingston and a Mt. Laurel Settlement Agreement approved by the Superior Court.

B. Permitted principal uses and densities. Property in the R-5B District may be developed only for townhouses and multifamily units at a maximum gross density of six units per acre and a maximum of 11 units per developable acre (exclusive of wetlands, wetland transition areas and flood hazard areas), provided that the total number of dwelling units shall not exceed 265.

C. Fair share obligation. Any development shall be contingent upon compliance with the terms of the applicable Mt. Laurel Settlement Agreement approved by the Superior Court, which provides for development of up to 265 market units and developer-guaranteed funding for up to 53 affordable units to be addressed through one or more regional contribution agreements.

D. Permitted accessory uses. The following accessory uses are permitted in the R-5B District:

(1) Private garages.

(2) Buildings for storage of maintenance equipment.

(3) Off-street parking in accordance with § 170-101E(8).

(4) Signs in accordance with § 170-101E(12).

(5) Private recreation buildings and facilities, including swimming pools, intended for use by residents of the premises.

(6) Manager's office, gatehouse, concierge office, valet office and similar ancillary facilities intended to provide service to residents of the premises.

E. Required conditions. The following zoning standards shall apply to development in the R-5B District:

(1) Minimum tract area: 25 acres.

(a) A single development plan shall be submitted for the entire tract which must conform with all standards and requirements of this § 170-101. These requirements shall not be construed to prohibit the placement of individual buildings on separate lots, provided that there is compliance with the criteria governing minimum distance between buildings in § 170-101E(5).

(2) Minimum building setback.

(a) From public streets and tract boundaries: 50 feet (55 feet from single-family residential zone boundary).

(b) From internal streets and property lines: 20 feet.

(c) From parking areas (exclusive driveways in front of individual garages): residential building, 10 feet; nonresidential buildings, five feet.

(d) Patios and decks may extend into a required rear yard, provided that they do not extend more than 10 feet beyond the building wall.

(e) Bay windows, roof overhangs, chimneys and similar appurtenances may extend not more than two feet into a required yard area.

(3) Maximum building height: 3 1/2 stories or 42 feet for multifamily structures and 35 feet for townhouses.

(4) Maximum number of dwelling units per building: townhouses, 6 (Note: If the total number of townhouse units is an odd number, then one building may contain seven units.); multifamily, 16.

(5) Minimum distances between buildings. Distance between buildings shall be measured between walls, exclusive of appurtenances such as bay windows, chimneys and roof overhangs that extend not more than two feet from the building wall. The minimum distance between buildings containing dwelling units shall be as provided in the following schedule:

	Type of Building Arrangement	Minimum Distance at Any Point (feet)
	Front facing front	65
	Front facing rear	65
	Front facing side	35*
	Rear facing rear	65
	Rear facing side	35*
	Side facing side	20*

*

NOTE: Not less than 50 feet if driveway is located between buildings.

(6) Maximum building coverage: 15%.

(7) Maximum impervious coverage: 35%.

(8) Off-street parking. Off-street parking shall be provided in accordance with applicable provisions of § 170-94. In addition, no parking area or internal street shall be located within 20 feet of a nonresidential tract boundary or within 50 feet of a residential tract boundary, except that these setbacks may be reduced to the extent necessary to accommodate streets providing access to the tract. The minimum of off-street parking spaces shall be in accordance with the following schedule:

	Market Units	Number of Spaces (per dwelling unit)
	Studio/one-bedroom unit	1.75
	Two-bedroom unit	2.00
	Three-or-more-bedroom unit	2.50

(a) Only one garage for each dwelling unit may be counted as a parking space, provided that it has a minimum width of nine feet and a minimum depth of 19 feet.

(b) Private driveways in front of garages for individual units may be counted as parking spaces, provided that there is a minimum width of nine feet for each space and a minimum depth of 20 feet.

(c) One parking space shall be provided for each 10 units to serve clubhouses, swimming pools and other recreational facilities.

(9) Accessory structures.

(a) Setbacks. Accessory structures shall comply with the street, tract boundary and property line setbacks of the principal building; provided that swimming pools, tennis courts and other surfaced recreation facilities shall be at least 50 feet from a residential property line and at least 10 feet from any other property line.

(b) Height. The maximum height of an accessory structure shall be 16 feet. Clubhouses shall be governed by height limitations for principal buildings.

(c) Design. Architectural design and materials used in the construction of accessory buildings shall conform to those used in the construction of principal buildings.

(10) Roadway width. Roadways shall have a width of at least 25 feet.

(11) Open space and recreation. Exclusive of internal roadways and parking areas, there shall be provided a minimum of 30% of the entire tract for common open space and facilities.

(12) Sign regulations. The sign regulations in § 170-90 shall apply, subject to additional requirements as follows:

(a) Signs shall be permitted as authorized in the R-6 District under § 170-90B.

(b) At each entrance to the property, a maximum of two freestanding signs indicating the name of the building or community. No individual sign shall exceed a maximum area of 20 square feet. Any illumination shall be limited to either indirect lighting or diffused lighting, and the source of any lighting shall be shielded in such a manner as to not be visible from the street or any adjoining residential property.

(c) No signs shall be located closer to any street right-of-way line than 1/2 of the applicable building setback.

(13) Section 170-72 shall not be construed to prohibit the off-site removal of excess topsoil in connection with any development of the property, subject to compliance with other applicable regulations.

F. Other development regulations. Unless otherwise specified herein, all other provisions and requirements of this Chapter 170, Land Use, shall apply to all development within the R-5B District.

§ 170-102 R-5C Residence District.

[Added by Ord. No. 29-1997]

A. Purpose. The purpose of the R-5C Residence District is to implement provisions of the Housing Element and Fair Share Plan for the Township of Livingston and a Mt. Laurel Settlement Agreement approved by the Superior Court.

B. Permitted principal uses and densities. Property in the R-5C District may be developed for townhouses and multifamily units at a maximum gross density of eight units per acre for the area on the east side of East Cedar Street and a maximum gross density of six units per acre for the area on the west side of East Cedar Street or for certain nonresidential development pursuant to the optional provisions of § 170-102F and G.

C. Fair share obligation. Any development shall be contingent upon compliance with the terms of a Mt. Laurel Agreement approved by the Superior Court which provides for either:

(1) On-site construction of 11 affordable housing units as part of an inclusionary multifamily development;

(2) Developer-guaranteed funding for 11 affordable housing units to be addressed through one or more regional contribution agreements; or

(3) A combination of the foregoing which addresses the fair share obligation of nine units for the tract on the east side of East Cedar Street and two units for the tract on the west side of East Cedar Street.

D. Permitted accessory uses for multifamily development. The following accessory uses are permitted for multifamily development in the R-5C District:

(1) Private garages.

(2) Buildings for storage of maintenance equipment.

(3) Off-street parking in accordance with § 170-102E(8).

(4) Signs in accordance with § 170-102E(12).

(5) Private recreation buildings and facilities, including swimming pools, intended for use by residents of the premises.

E. Required conditions for multifamily development. The following zoning standards shall apply to multifamily development in the R-5C District:

(1) Minimum tract area.

(a) West side of East Cedar Street: two acres.

(b) East side of East Cedar Street: five acres.

(c) A single development plan shall be submitted for the entire area of either tract or the combined area of both tracts. The development plan must conform with all standards and requirements of this § 170-102.

(2) Minimum building setbacks.

(a) From public streets: 50 feet, except that a minimum setback of 40 feet is permitted if the building does not exceed 35 feet in height and the building facade does not exceed 65 feet in length.

(b) From tract boundaries: 40 feet, except that a minimum setback of 25 feet is permitted for townhouses.

(c) From internal streets and property lines: 15 feet.

(d) From parking areas (excluding driveways in front of individual garages):

[1] Residential buildings: 10 feet.

[2] Nonresidential buildings: 5 feet.

(e) Patios and decks may extend into a required rear yard provided they do not extend more than 10 feet beyond the building wall.

(f) Bay windows, roof overhangs, chimneys and similar appurtenances may extend not more than two feet into a required yard area.

(3) Maximum building height.

(a) Multifamily buildings: three stories or 40 feet.

(b) Townhouses: 35 feet.

(4) Maximum building length: 200 feet.

(5) Minimum distances between buildings. There shall be a minimum distance between buildings containing dwelling units as provided in the following schedule:

	Type of Building Arrangement	Minimum at any Point (feet)
	Front facing front	60
	Front facing rear	60
	Front facing side	35
	Rear facing rear	65*
	Rear facing side	25
	Side facing side	20

*

NOTE: A minimum distance of 45 feet is permitted if the length of the area of facing building facades does not exceed 100 feet. This minimum distance shall be increased by one foot or each additional 10 feet in length of the area of facing building facades up to a minimum distance of 65 feet.

(6) Maximum building coverage.

(a) Multifamily buildings: 20%.

(b) Townhouses: 30%.

(7) Maximum impervious coverage.

(a) Multifamily buildings: 50%.

(b) Townhouses: 60%.

(8) Off-street parking.

(a) Off-street parking shall be provided in accordance with applicable provisions of § 170-94.

(b) Parking area and internal street setbacks:

[1] From public road right-of-way: 15 feet.

[2] From tract boundaries: 10 feet.

(c) The minimum number of off-street parking spaces shall be in accordance with the following schedule:

	Type of Unit		Number of Spaces (per dwelling unit)
	Market units
		Studio/one-bedroom unit	1.75
		Two-bedroom unit	2.00
		Three-or-more-bedroom unit	2.50
	Affordable units
		Studio/one-bedroom unit	1.50
		Two-bedroom unit	1.75
		Three-or-more-bedroom unit	2.00

(d) Only one garage for each dwelling unit may be counted as a parking space, provided that it has a minimum width of nine feet and a minimum depth of 19 feet.

(e) Private driveways in front of garages for individual units may be counted as parking spaces, provided that there is a minimum width of nine feet for each space and a minimum depth of 20 feet.

(9) Accessory structures.

(a) Setbacks.

[1] From public streets: same as principal structure.

[2] From tract boundaries: 10 feet.

(b) Height. The maximum height of an accessory structure shall be 16 feet. Clubhouses shall be governed by height limitations for principal buildings.

(c) Design. Architectural design and materials used in the construction of accessory buildings shall conform to those used in the construction of principal buildings.

(10) Roadway width. Roadways shall have a width of at least 25 feet.

(11) Sign regulations. The sign regulations in § 170-90 shall apply, subject to additional requirements as follows:

(a) Signs shall be permitted as authorized in the R-6 District under § 170-90B.

(b) At each entrance to the property, a maximum of two freestanding signs with a maximum combined area of 30 square feet indicating the name of the building or community. Any illumination shall be limited to either indirect lighting or diffused lighting, and the source of any lighting shall be shielded in such a manner as to not be visible from the street or any adjoining residential property.

(c) No signs shall be located closer to any street right-of-way line than 1/2 of the applicable building setback.

F. Nonresidential development option. Property in the R-5C Zone may be developed for nonresidential use subject to the following requirements:

(1) This development alternative may be elected only as to the entire area of either tract or the combined area of both tracts.

(2) The applicant must agree to comply with the terms of the applicable Mt. Laurel Agreement which provides for guaranteed funding by the applicant or developer to be used for a regional contribution agreement to address the fair share obligation which would be addressed by multifamily development of the same tract or tracts. The applicable fair share obligation is nine units for the tract on the east side of East Cedar Street and two units for the tract on the west side of East Cedar Street, unless adjusted pursuant to the Mt. Laurel Agreement.

(3) The proposed development must conform with the nonresidential development standards of § 170-102G.

G. Nonresidential development conditions. The following zoning standards shall apply to nonresidential development in the R-5C District:

(1) Use regulations:

(a) Permitted uses. Uses permitted in the B Zone as set forth in § 170-107A, except that retail sales and service uses shall not be permitted on the west side of East Cedar Street.

(b) Conditional uses. Churches or houses of worship, subject to the requirements of § 170-88A, except that the requirement for frontage on certain designated streets shall not apply.

(c) Prohibited uses. Uses prohibited in the B Zone as set forth in § 170-107B.

(2) Comprehensive development plan. A single development plan shall be submitted for the entire area of either tract or the combined area of both tracts. The development plan must conform with all standards and requirements of this section.

(3) Required conditions.

(a) Maximum building height: 40 feet.

(b) Building setbacks.

[1] From street rights-of-way: 50 feet, plus two feet for every one foot of building height above 28 feet.

[2] From property lines: 35 feet.

[3] From parking areas: 10 feet.

(c) Parking setbacks.

[1] From street rights-of-way: 15 feet.

[2] Front property lines: 10 feet.

(d) Minimum lot size: two acres.

(e) Minimum floor area.

[1] Office use. Every permitted principal building devoted in whole or in part to office use shall have a minimum floor area of 15,000 square feet.

[2] Retail and service use. Any portion of a building having a separate public entrance not shared with other portions of the building and which is designed for separate use and occupancy shall have a minimum floor area of 4,000 square feet; provided that in no event shall any building contain more than three such areas for separate retail or service use which have a minimum floor area of less than 10,000 square feet.

[3] In addition, there shall be a minimum of 1.5 acres of lot area per building.

(f) Maximum floor area ratio: 30%.

(g) Maximum total impervious coverage ratio: 65%.

(h) Off-street parking shall be provided as required in § 170-94.

(i) Signs are permitted subject to the regulations applicable in the B-2 Zone as set forth in § 170-90D.

H. Unless otherwise specified in this § 170-102, all other provisions and requirements of this Chapter 170, Land Use, shall apply to all development within the R-5C District.

§ 170-103 R-5D Residence District.

[Added by Ord. No. 13-1999; amended by Ord. No. 2-2000]

A. Purpose. The purpose of the R-5D Residence District is to implement provisions of the Housing Element and Fair Share Plan for the Township of Livingston and a Mt. Laurel Developer's Agreement approved by the Superior Court.

B. Permitted principal uses and densities. Property in the R-5D Residence District may be developed for: an independent senior living facility or an assisted living facility; and a single professional building strictly limited to medical and other office uses listed in § 170-110A(1)(a) and (b), applicable to the P-B District, and subject to a maximum floor area of 50,000 square feet in a single building.

[Amended 8-8-2005 by Ord. No. 20-2005; 8-19-2013 by Ord. No. 22-2013]

C. Fair share obligation. Any development approval shall be contingent on compliance with the following:

[Amended 8-8-2005 by Ord. No. 20-2005]

(1) Compliance with the terms of an amended Mt. Laurel Developer’s Agreement approved by the Superior Court.

(2) The provision of full funding or an acceptable funding guarantee for the cost of a regional contribution agreement providing for a minimum of 11 affordable housing units, consistent with requirements of the New Jersey Council on Affordable Housing. This requirement shall be satisfied prior to issuance of a building permit for any building.

(3) Professional building development shall be subject to payment of an affordable housing development fee pursuant to Article XV.

D. Permitted accessory uses. The following accessory uses are permitted for multifamily development in the R-5D Residence District:

(1) Off-street parking in accordance with § 170-103F(6) and G(6).

(2) Signs in accordance with § 170-103F(7) and G(7).

E. Concept development plan. A single concept development plan shall be submitted for the entire property. The development plan must conform with all standards and requirements of this section. The comprehensive development plan may propose a subdivision to create a maximum of two lots with a maximum of one principal building per lot. If phasing of development of the site is proposed, then a fully engineered site plan shall not be required for the entire property, but plans for the entire property shall contain sufficient information and detail to allow assessment of the adequacy of the overall infrastructure, such as driveways, parking and utilities and any other development matters impacting on the entire property.

[Amended 8-8-2005 by Ord. No. 20-2005]

F. Required conditions for residential development. The following zoning standards shall apply to the development of an independent senior living facility in the R-5D District:

[Amended 8-8-2005 by Ord. No. 20-2005]

(1) Minimum lot size: four acres.

(2) Minimum building setbacks:

(a) From public streets: 50 feet.

(b) From side lot lines: 50 feet.

(c) From rear lot lines: 35 feet.

(d) From lot lines of property developed for detached single-family use: 200 feet.

(e) From lot lines of property developed for attached single-family use: 50 feet.

(3) Maximum building height: no more than three stories at the front building facade and a maximum of 498 feet above mean sea level measured at the highest point of the roof.

(4) Maximum building coverage: 30%.

(5) Maximum impervious coverage: 75%.

(6) Off-street parking shall be provided in accordance with the applicable provisions of § 170-94, except as expressly provided in this section as follows:

(a) Minimum number of off-street parking spaces: as required by the State Residential Site Improvement Standards.

(b) Parking area and internal driveway setbacks:

[1] From public road right-of-way: 15 feet.

[2] From property in the R-5D District: zero feet.

[3] From other property not developed for detached single-family use: 15 feet.

[4] From property developed for detached single-family use: 100 feet.

(7) Sign regulations. Signs are permitted subject to the following regulations:

(a) One freestanding sign with a maximum combined area of 30 square feet indicating the name of the building, with a minimum setback of 20 feet from the public right-of-way. Any illumination shall be limited to either indirect lighting or diffused lighting, and the source of any lighting shall be shielded in such a manner as to not be visible from the street or any adjoining residential property.

(b) One additional freestanding sign, not exceeding five square feet in area and three feet in height, may be provided at each entrance/exit.

(c) One building facade sign with a maximum area of 20 square feet.

G. Required conditions for professional building development.

(1) Minimum lot size: four acres.

(2) Minimum building setbacks:

(a) From public streets: 50 feet.

(b) From lot lines of property developed for nonresidential use: 25 feet.

(c) From lot lines of property developed for single-family use: 300 feet.

(3) Maximum building height: 26 feet.

(4) Maximum building coverage: 30%.

(5) Maximum impervious coverage: 75%.

(6) Off-street parking. Off-street parking shall be provided in accordance with applicable provisions of § 107-94, except as expressly provided for in this section as follows:

(a) The minimum number of off-street parking spaces shall be equal to one space per 150 square feet of gross floor area.

(b) In connection with site plan approval proceedings, the Planning Board shall authorize deferral of construction of a maximum of 20% of the required parking spaces if the applicant demonstrates that such lesser amount of improved parking spaces will be adequate. If such a deferral request is made, the applicant shall provide plans showing the site improvements both with construction of the full amount of required parking and with the area of deferred parking being set aside as landscape area. Such area shall be treated as impervious parking area for purposes of determining compliance with all other development regulations. The applicant subsequently may construct the deferred parking without the necessity for amended site plan approval if consistent with the previously approved plans, but subject to any other necessary approvals. Upon written request of the Township, the Planning Board shall conduct a public hearing on notice to the property owner to determine whether construction of the deferred parking, or some portion thereof, is reasonably necessary to serve the use of the property. If such a determination is made, then the deferred parking shall be constructed at that time by the owner of the property.

(c) Parking area and internal driveway setbacks:

[Amended 8-8-2005 by Ord. No. 20-2005]

[1] From public road right-of-way: 15 feet.

[2] From other property in the R-5D Zone: zero feet.

[3] From other property developed for nonresidential use: 20 feet.

[4] From property developed for detached single-family use: 100 feet.

(7) Sign regulations. Signs are permitted subject to the following regulations:

(a) One freestanding sign with a maximum combined area of 30 square feet indicating the name of the building, with a minimum setback of 20 feet from the public right-of-way. Any illumination shall be limited to either indirect lighting or diffused lighting, and the source of any lighting shall be shielded in such a manner as to not be visible from the street or any adjoining residential property.

(b) One additional freestanding sign not exceeding five square feet in area and three feet in height may be provided at each entrance/exit.

(c) One building facade sign with a maximum of 20 square feet.

H. Alternative permitted principal use. On the lot for a professional building, off-street surface parking to meet parking requirements for permitted uses in the adjacent HH Hospital Health Care District under an agreement approved by the Planning Board; provided that all conditions in Subsection G(6)(b) and (c) above are met.

[Added 8-19-2013 by Ord. No. 22-2013[1]]

[1] Editor's Note: This ordinance also redesignated former Subsection H as Subsection I.

I. Other development regulations. Unless otherwise specified in this § 107-103, all other provisions and requirements of this Chapter 170, Land Use, shall apply to all development within the R-5D District.

§ 170-104 R-5E Residence District.

[Added by Ord. No. 34-1999]

A. Purpose. The purpose of the R-5E Residence District is to implement provision of the Housing Element and Fair Share Plan for the Township of Livingston and a Mt. Laurel Settlement Agreement approved by the Superior Court by permitting the development of additional single-family residences subject to the provision of developer-guaranteed funding for affordable-housing purposes.

B. Uses and bulk regulations. Property in the R-5E Residence District may be developed in accordance with the use and bulk regulations applicable in the R-4 Residence District as set forth in § 107-99, excluding conditional uses and home office uses as set forth in § 107-99A(2) and (3) subject to compliance with the additional requirements of this § 170-104. The permitted height of building is the average vertical distance measured at a minimum of four corners of the building to the midpoint of the roof to a maximum of 35 feet.

[Amended 5-19-2014 by Ord. No. 13-2014]

C. Fair share obligation. Any development shall be contingent on compliance with the terms of a Mt. Laurel Agreement approved by the Superior Court which provides for developer-guaranteed funding for affordable units to be addressed through one or more regional contribution agreements. The extent of this affordable housing obligation shall be equal to the number of additional single-family lots which may be developed on the property in the R-5E District based on the R-4 zoning regulations, instead of the R-3 zoning regulations. The calculation of this affordable housing obligation shall be subject to the following:

(1) This determination shall be made by the Planning Board in connection with the initial subdivision application, which shall be submitted for the entire property in the R-5E District.

(2) For purposes of this provision, the number of single-family lots which potentially could be developed in the R-5E Residence District under the R-3 zoning criteria shall be deemed to be 29, which figure has been determined giving due regard to topography, road grades and land required for stormwater detention.

(3) For purposes of calculating the affordable housing obligation, the lot yield under the R-5E zoning criteria shall be based on the actual approved preliminary subdivision plat for the property.

D. Other requirements. The following additional standards shall apply to development in the R-5E District:

(1) Comprehensive development plan. A single subdivision plan shall be submitted for the entire area of the R-5E Residence District. The development plan must conform with all standards and requirements of this § 170-104.

(2) Unless otherwise specified in this § 170-104, all other provisions and requirements of this Chapter 170, Land Use, shall apply to all development within the R-5E Residence District.

(3) Maximum building coverage ratio. The development of any lot in the R-5E Zone shall not exceed the maximum building coverage ratio as set forth in the schedule in § 170-87V.

[Added 9-5-2006 by Ord. No. 40-2006; amended 5-19-2014 by Ord. No. 13-2014]

§ 170-104.1 R-5F Residence District.

[Added 12-20-2010 by Ord. No. 37-2010; amended 9-19-2016 by Ord. No. 28-2016]

A. Purpose. The purpose of the R-5F Residence District is to implement provisions of the Housing Element and Fair Share Plan of the Township of Livingston and a Mt. Laurel Settlement Agreement approved by the Superior Court, as amended and updated, by permitting development that includes units affordable to low-income and moderate-income families.

B. Permitted principal uses and densities. Property in the R-5F District may be developed only for either:

(1) Multifamily residential use at a combined maximum gross density of 14.6 units per acre for the entire district (62 dwelling units), including a setaside of 12 affordable units. No more than two principal buildings shall be permitted, which may be separate buildings for the affordable units (affordable building) and for the market-rate units (market-rate building). The market-rate building shall consist of two wings connected by a service core providing a common entrance, manager's office, concierge, valet, private recreation and function facilities, and similar services for residents of the building.

(2) Use of the existing building as a house of worship and construction of a separate building containing 12 affordable units on a separate subdivided lot.

C. Once necessary development approval has been obtained and is being implemented by the start of construction activity for either development option under Subsection B, the other development option shall no longer be permissible and all provisions of this § 170-104.1 pertaining to such other development option shall automatically expire and sunset.

D. Permitted accessory uses. The following accessory uses are permitted in the R-5F District:

(1) Off-street parking in accordance with § 170-104.1F(8).

(2) Signs in accordance with § 170-104.1F(10).

(3) In the case of development pursuant to Section (B)(1), a private outdoor or indoor swimming pool may be provided at the rear of the Service Core for residents of the development and their guests. Pool membership or usage rights shall not be offered to the general public.

E. Single development plan. A single development plan shall be submitted for the entire R-5F District. It must conform to all standards and requirements of this § 170-104.1.

F. Required conditions for development pursuant to Subsection B(1). The following zoning standards shall apply to development containing two residential buildings in the R-5F District:

(1) Minimum tract area: 4.2 acres.

(2) Minimum building setbacks:

(a) Affordable building:

[1] From South Orange Avenue ROW line: 35 feet.

[2] From edge of state open water limit: 100 feet.

[3] From parking areas: five feet.

[4] From market-rate building: 50 feet.

[5] From rear property line: 130 feet.

(b) Market-rate building (except service core):

[1] From South Orange Avenue ROW line: 35 feet.

[2] From White Oak Ridge Road ROW line: 50 feet.

[3] From lot lines of properties zoned for single-family residential use: 68 feet.

[4] From affordable building: 50 feet.

[5] From edge of state open waters limit: 25 feet.

(c) Service core:

[1] From South Orange Avenue ROW line: 65 feet.

[2] From lot lines of properties zoned for single-family residential use: 68 feet.

(d) Bay windows, roof overhangs, chimneys and similar appurtenances may extend not more than two feet into a required setback other than the minimum distance between buildings.

(3) Maximum building height. At no point shall the elevation of the highest point of a building exceed the applicable maximum height measured as follows:

(a) Affordable building: 38 feet from original lot grade averaged elevation of 245.7 feet MSL.

(b) Market-rate building:

[1] East Wing: 46 feet (plus a mansard of up to seven feet) from original lot grade averaged elevation of 238 feet MSL.

[2] Service core: 38 feet (plus a cupola of up to nine feet) from original lot grade averaged elevation of 233.5 feet MSL.

[3] West wing: 55 feet (plus a mansard of up to seven feet) from original lot grade averaged elevation of 231.5 feet MSL.

(4) Maximum number of stories:

(a) Affordable building: three stories.

(b) Market-rate building:

[1] East wing: three stories over two parking levels (one level partially below grade and one level fully below grade).

[2] Service core: two stories over one parking level (below grade).

[3] West wing: four stories over one parking level (partially below grade).

(5) Maximum number of dwelling units per building:

(a) Affordable building: 12 units.

(b) Market-rate building: 50 units.

(6) Maximum building coverage: 35%.

(7) Maximum impervious coverage: 45%.

(8) Off-street parking and vehicular access.

(a) All parking spaces for the market-rate building shall be provided either below grade or on the first floor within the market-rate building. The minimum number of spaces shall be as required under the Residential Site Improvement Standards (N.J.A.C. 5:21-4.14). Accessible parking spaces shall be provided in accordance with the New Jersey State Uniform Construction Code Barrier Free Subcode (N.J.A.C. 5:23-7.9).

(b) Parking spaces for the affordable building shall be provided on-site. The minimum number of spaces shall be as required under the Residential Site Improvement Standards (N.J.A.C. 5:21-4.14). The parking spaces may be located in the side yard and front yard setback of the building, with a minimum front yard parking setback of eight feet from the South Orange Avenue right-of-way line. Two of the required spaces shall be handicapped accessible.

(c) The number of tract vehicular access points shall be limited to three. The driveway from South Orange Avenue for the market-rate building must be located at least 150 feet from the intersection with White Oak Ridge Road. The driveway from South Orange Avenue to the affordable building must be located at least 300 feet from the intersection with White Oak Ridge Road. The driveway from White Oak Ridge Road must be located at least 100 feet from the intersection with South Orange Avenue.

(9) Accessory structures. Except as otherwise specifically permitted or provided for, the following restrictions shall apply:

(a) Setbacks: At least 50 feet from the property or lot lines.

(b) Height: The maximum height of accessory structures shall be 10 feet.

(10) Sign regulations.

(a) At the South Orange Avenue vehicular entrance to the market-rate building, one ground sign, not taller than five feet overall and with a maximum overall area of 36 square feet, indicating the street number and building or community name, is permitted.

(b) At the South Orange Avenue vehicular entrance to the affordable building, and at the White Oak Tree Road vehicular access to the market-rate building, one ground sign, not taller than four feet and with a maximum overall area of 20 square feet, indicating the street number and building or community name, is permitted.

(c) Any sign illumination shall be limited to either indirect lighting or diffused lighting, and the source of any lighting shall be shielded in such a manner as to not be visible from the street or any adjoining residential property.

(d) No sign shall be located closer to any street right-of-way line than 1/2 of the applicable building setback.

(e) On-site directional signs shall be permitted subject to limitations as to appropriate number, size and location as determined by the Planning Board during the site plan approval process.

G. Accessible and adaptable affordable units. All first floor units in the affordable building shall comply with N.J.A.C. 5:97-3.14. All floors of the building shall be elevator-served.

H. Uniform housing affordability controls. The affordable units shall comply with the administration of affordability requirements in COAH's substantive regulations and the Uniform Housing Affordability Controls (UHAC).

I. Township Code § 170-126E shall not be applicable. Instead, no certificate of occupancy shall be issued for the market-rate building until a certificate of occupancy has been issued for the affordable building.

J. Design standards. The following design standards shall apply to development in the R-5F District:

(1) Site entry and building siting.

(a) The market-rate building and the affordable building shall front toward and relate to South Orange Avenue, both functionally and visually. However, the entrance to the parking garage from South Orange Avenue shall not face that street, but shall instead be at a perpendicular alignment.

(2) Vehicular access/circulation/parking.

(a) Site access and internal circulation shall promote safety, efficiency, and convenience. Conflicts between vehicles and pedestrians shall be avoided. Adequate areas for maneuvering, stacking, and emergency vehicle access shall be provided.

(b) The facade elevations of all parking levels for the market-rate building shall receive architectural treatment that complements the residential levels above.

(c) All driveway aprons shall be designed with textured and colored pavement to help identify the apron to pedestrians as a traffic area.

(3) Architectural treatment.

(a) Architectural elements, such as bay windows, recessed or projecting balconies, and other elements that add visual interest, shall be provided.

(b) All building facades with a linear dimension in excess of 100 feet shall be broken into facade segments having offsets consisting of a recess in the linear plane of the building facade with a minimum depth of 2.5 feet for a minimum of every 50 linear feet and offsets consisting of a recess in the linear plane of the building facade with a minimum depth of five feet for a minimum of every 100 linear feet. All building foundations shall be appropriately landscaped.

(c) All facades shall have the same architectural facade treatment, which shall consist of brick, finished masonry, stone, Hardi Plank, wood or combination thereof. Additionally, side facades facing any public road shall have a "front" appearance in order to maintain a consistent visual relationship.

(d) Roof-lines shall be segmented and varied within an overall horizontal context. Varying heights are encouraged.

(e) All roof-top equipment shall be screened by mansards matching the building facade.

(4) Landscaping.

(a) Extensive landscaping shall be provided throughout the site as approved by the Planning Board.

(b) A combination of deciduous and evergreen trees shall be planted along the White Oak Ridge Road and South Orange Avenue frontages, with minimum planting sizes of a height of eight feet to nine feet for evergreens and a minimum caliper for deciduous trees of 3.5 inches to 4.0 inches.

(c) Existing vegetation shall be preserved, where possible, and supplemented with plantings and other landscaping materials.

(d) A visual screen shall be provided for adjacent properties in Millburn Township through new additional trees and understory landscaping in the rear yards designed to provide a natural solid barrier on a year-round basis that shall include double staggered rows of evergreen trees planted eight feet apart and having a minimum initial planting height of eight to nine feet.

(e) All areas of the property not occupied by buildings, parking, other improvements or textured paving shall be landscaped with trees, shrubs, hedges, ground covers and/or grasses.

(f) Landscaping shall be integrated with other functional and ornamental site design elements.

(g) Buffers and screening may consist of existing vegetation, plant clusters, deciduous and evergreen trees and shrubs, fencing, walls, berms, boulders, mounds, or any combination thereof.

(h) Plant clusters shall consist of masses and groupings of shade, ornamental and evergreen trees, shrubs and/or berms designed in a freeform manner to provide contrast and create a more natural effect. No less than 75% of the plantings shall be evergreen.

(i) Landscaping shall be provided in front of any retaining walls to buffer the appearance of the retaining wall. No retaining wall shall exceed a height of three feet. If berms are used for topographic transition, they shall not exceed eight feet in height, with side slopes of 1:5 to 1:3. No retaining wall or berm shall be approved if it would adversely affect natural drainage.

(5) Swimming pool.

(a) Any swimming pool shall be located behind the service core of the market-rate building.

(b) The pool area setback shall be at least 50 feet from the rear property line.

(c) The pool shall be screened by a solid fence not less than five nor more than six feet in height. Landscaping shall be provided along the outside of this fence.

(6) Lighting.

(a) Pedestrian scale/decorative light fixtures are encouraged.

(b) The type and location of site and building lighting shall preclude direct glare onto adjoining property, streets, or skyward.

K. Other development regulations. Provisions of this Chapter 170, Land Use, permitting operation of professional offices in residences or permitting residence-based business, shall not apply in the R-5F District.

L. Required conditions for development pursuant to Subsection B(2). The alternative of development of a single residential building containing 12 affordable units and use of the existing building (as possibly modified) for house of worship use shall be subject to the following requirements, which shall supersede any inconsistent requirements in § 170-140.1:

(1) The development shall be the subject of a single combined application for subdivision to create two lots with minimum lot sizes of two acres and for site approval for the two uses on separate lots. The combined development application may have separate co-applicants. This requirement shall not preclude future separate development applications for either lot subsequent to approval of the combined application and perfection of the subdivision approval.

(2) The lot containing the existing building to be devoted to house of worship use shall be subject to the following criteria:

(a) The existing building may be renovated and modified internally or externally, but the enclosed building area may not be expanded vertically or horizontally absent variance relief.

(b) The following bulk criteria shall apply to the new lot containing the existing building:

[1] Setback from South Orange Avenue right-of-way line: 20 feet.

[2] Setback from White Oak Ridge Road right-of-way line: 20 feet.

[3] Rear setback: 65 feet.

[4] Side setback: 200 feet.

[5] Maximum building coverage ratio: 15%.

[6] Maximum impervious coverage ratio: 70%.

[7] Maximum building height: one story.

(c) The existing parking lot shall be reconfigured, repaved and restriped to provide a minimum of 100 parking spaces. It shall be internally connected to the parking lot for the affordable housing building and may have minimal separation between the two parking areas, notwithstanding any contrary requirement. The parking lot and driveway shall be subject to an easement that provides a right for access between White Oak Ridge Road and the affordable housing lot.

(d) Signage shall be in accordance with the regulations in § 170-104.1F(10), provided that the references therein to the market-rate building shall apply to the existing building.

(e) Landscaping shall be provided consistent with § 170-104.1J(4).

(3) The affordable housing lot shall be subject to all of the provisions in this § 170-104.1 applicable to the affordable building, except as follows:

(a) Maximum side setback: 80 feet.

(b) Maximum building coverage ratio: 5%.

(c) Maximum impervious coverage ratio: 15%.

(d) The requirement in § 170-104.1J(1) that the affordable building face South Orange Avenue shall not apply.

§ 170-104.2 R-5G Residence District.

[Added 5-4-2009 by Ord. No. 16-2009]

A. Purpose. The purpose of the R-5G Residence District is to implement provisions of the Housing Element and Fair Share Plan of the Township of Livingston and a Mt. Laurel Settlement Agreement approved by the Superior Court, as subsequently amended, by permitting the construction of condominium townhouse units and multifamily apartment units with at least 20% of the total number of units affordable to very low-income, low-income and moderate-income households.

[Amended 7-6-2015 by Ord. No. 15-2015]

B. Permitted principal uses and densities. Property in the R-5G District may be developed only for townhouses and multifamily apartment units at a maximum gross density of 19 units per acre, provided that the total number of dwelling units shall not exceed 221. One of the townhouses may be adapted to create a clubhouse that serves the community.

[Amended 7-6-2015 by Ord. No. 15-2015]

C. Permitted number of bedrooms. The bedroom mix of all affordable units shall meet the bedroom mix requirements established in N.J.A.C. 5:80-26.3.

[Amended 7-6-2015 by Ord. No. 15-2015]

D. Affordable housing. Any development shall have maximum of 221 dwelling units and shall provide a maximum of 170 market-rate townhouse units, and 51 multifamily apartment units that shall be affordable to very low-income, low-income and moderate-income households. All affordable units shall be rental apartment on-site.

[Amended 7-6-2015 by Ord. No. 15-2015]

E. Permitted accessory uses. The following accessory uses are permitted in the R-5G District:

(1) Private garages within principal buildings.

(2) Off-street parking in accordance with § 170-104.2F(8).

(3) Signs in accordance with § 170-104.2F(12).

(4) A stormwater detention basin in the southeasterly corner of the tract.

(5) A gazebo within a central common space of not less than 5,000 square feet.

F. Required conditions. The following requirements shall be complied with in the R-5G District:

(1) Minimum tract area: 11.00 acres.

(a) A single development plan shall be submitted for the entire tract in the R-5G District and must conform to all standards and requirements of this § 170-104.2. These requirements shall not be construed to prohibit subdivision of the tract; provided that the single development plan shows the proposed subdivision and demonstrates that there is compliance with the criteria governing minimum distance between buildings in § 170-104.2F(5) and that each lot complies with all other requirements applicable to the entirety of the tract. Any subdivision shall specifically include reciprocal access easement rights to allow occupants of the rental affordable units to access and use common areas on the townhouse portion of the development, including open space areas, walkways and streets, and there shall be no physical barriers to such access.

[Amended 7-6-2015 by Ord. No. 15-2015]

(2) Minimum building setback.

(a) From public street rights-of-way and tract boundaries: 28 feet.

(b) From internal streets and internal property lines (including the lot line created by subdivision of Lot 30 to create the tract and including lot lines for any new lot to contain the affordable units): 10 feet.

[Amended 7-6-2015 by Ord. No. 15-2015]

(c) Bay windows, balconies, roof overhangs, chimneys, staircases, stoops and similar appurtenances may extend not more than five feet into a required yard area.

[Amended 7-6-2015 by Ord. No. 15-2015]

(3) Maximum building height: 55 feet for multifamily structures, and 45 feet for townhouses.

(4) Minimum and maximum number of dwelling units per building: Townhouses, minimum of four and maximum of eight; multifamily, minimum of 12 and maximum of 24.

(5) Minimum distances between buildings. Distance between buildings shall be measured between walls, exclusive of appurtenances permitted by § 170-104.2F(2)(c).

(a) The minimum distance between buildings containing dwelling units and not sharing a common wall shall be as provided in the following schedule:

	Type of Building Arrangement	Minimum Distance at Any Point (in feet)
	Front facing front	30
	Rear facing rear	30
	Side facing side	12 for townhouses
	Side facing side	18 for multifamily

(b) When residential structures are side-to-side or front-to-front, the space between the structures shall have landscaping and public paths as approved by the Planning Board.

(6) Maximum building coverage: 35%.

(7) Maximum impervious coverage: 75%.

(8) Parking. The following requirements shall be complied with:

(a) Parking spaces shall be provided in the numbers pursuant to Residential Site Improvement Standards (RSIS) for the housing types.

(b) No parking area or internal roadway shall be located within 15 feet of a neighboring nonresidential tract boundary or within 50 feet of a neighboring residential tract boundary, except that these setbacks may be reduced by the Planning Board to the extent necessary to accommodate roadways providing access to the tract or where the adjoining roadway right-of-way is of sufficient depth to provide an appropriate buffer to the parking spaces.

(c) Each townhouse dwelling unit shall have not less than one garage space, and it may be counted as a parking space provided that it has a minimum width of nine feet and a minimum depth of 19 feet.

(d) No parking shall be permitted in driveways providing access to garages of townhouse dwelling units.

(e) Accessible parking spaces shall be provided in accordance with the New Jersey State Uniform Construction Code Barrier Free Subcode (N.J.A.C. 5:23-7.9).

(f) Notwithstanding the foregoing, parking required to serve the residential units may be provided with a zero setback, with access only from contiguous property, and/or on contiguous nonresidential property, subject to a determination that such parking involves safe ingress and egress for both vehicles and pedestrians and provided that such parking and access is governed by an appropriate permanent easement agreement; and parking stalls shall be permitted within three feet of any residential building or structure.

[Added 7-6-2015 by Ord. No. 15-2015]

(9) Accessory structures.

(a) Setbacks. Accessory structures shall comply with the street, tract boundary and property line setbacks of principal buildings, provided that swimming pools, tennis courts and other surfaced recreation facilities shall be at least 50 feet from a residential property line and at least 10 feet from any other property line.

(b) Height. The maximum height of an accessory structure shall be 16 feet.

(c) Design. Architectural design and materials used in the construction of accessory structures shall conform to those used in the construction of principal buildings unless the Planning Board approves otherwise.

(10) Sidewalks. Sidewalks shall be provided on both sides of all roadways except for roadways that do not provide access to residential units. Sidewalk connections to Eisenhower Parkway and Peachtree Hill Road shall be provided.

(11) Open space and recreation.

(a) There shall be provided a minimum of 10% of the entire tract for usable open space, and an additional 4% of the entire tract shall be open space that may contain stormwater management facilities. Perimeter areas between buildings and courtyards may be included in the open space calculation.

(b) The usable open space shall include a central park area, at least 5,000 square feet in size, provided as a passive recreational amenity for all the residents of the community. Such open space area shall include landscaping and other amenities approved by the Planning Board.

(12) Sign regulations.

(a) At each entrance to the property, one sign indicating the name of the community shall be permitted. No sign shall exceed a maximum area of 20 square feet or a height of eight feet. Any illumination shall be either indirect lighting or diffused lighting, and the source of any lighting shall be shielded in such a manner as to not be visible from the street or any adjoining residential property.

(b) No signs shall be located closer to any external street right-of-way line than 1/2 of the applicable building setback.

(c) On-site directional signs shall be permitted subject to limitations as to appropriate number, size and location as determined by the Planning Board.

G. Accessible and adaptable affordable units. All of the affordable units shall comply with N.J.A.C. 5:94-3.14.

H. Uniform Housing Affordability Controls.

(1) The affordable units shall comply with the administration of affordability requirements in COAH's substantive regulations and Uniform Housing Affordability Controls.

(2) No certificate of occupancy shall be issued for buildings or structures containing only market-rate units until there have been certificates of occupancy issued for affordable units pursuant to the schedule set forth in N.J.A.C. 5:97-6.4(d).

I. Design standards. The following design standards shall apply to development in the R-5G District:

(1) Site entry and building siting.

(a) Main entry to the site shall be provided at Eisenhower Parkway. A second entrance shall be provided at Peach Tree Hill Road. Each entry driveway area shall have distinguishing design features, such as ornamental landscaping and enhanced paving.

(b) Buildings shall be sited to create courtyards and open space areas. Buildings should not be sited such that they leave remnant, unusable space.

(2) Vehicular access/circulation/parking.

(a) Site access and internal circulation shall promote safety, efficiency, and convenience. Unsafe conflicts between vehicles and pedestrians shall be avoided.

(b) Continuous circulation shall be provided throughout the site to the greatest extent possible. Adequate areas for maneuvering, stacking, and emergency vehicle access shall be provided. However, dead-end driveways to townhouse garages shall be permitted.

(c) Pedestrian walkways shall be provided to link all dwelling units to the common open spaces. Pedestrian walkways shall be safe, visually attractive, and well defined by materials, landscaping and lights. Use of decorative pavement is encouraged.

(d) No garage doors shall be located on townhouse unit frontages.

(3) Architectural treatment.

(a) Architectural elements, such as bay windows, recessed or projecting balconies, porches, and other elements that add visual interest, are encouraged.

(b) Facades of both multifamily buildings and townhouse structures shall be broken into segments having vertical orientation. A visual and/or physical break should be provided not less than every 40 linear feet. Offsets, consisting of a break in the linear plan of each multifamily building of not less than 2 1/2 feet, shall be required. The Planning Board may approve the use of other architectural elements to achieve a break in the linear dimension of the building in place of an offset. All building foundations shall be appropriately landscaped.

(c) Facade treatments shall consist of brick, finished masonry, stone, wood, or other materials approved by the Planning Board, in complementary combinations that add visual appeal to the development. Cement fiberboard and vinyl siding is permitted on side and rear facades and on the upper floors of townhouse facades that face internal driveways.

(d) Rooflines of buildings with a linear dimension of more than 40 feet shall be segmented and varied within an overall horizontal context that may include small height variations. Dormers and entryway roofs may have shed roofs.

(e) Flat roofs are prohibited. All buildings and, all roofed accessory structures, shall have a gable or hip roof.

(f) All accessory structures shall be architecturally compatible with the principal buildings.

(4) Landscaping.

(a) Extensive landscaping shall be provided throughout the site, especially in front yards and the site entry areas. All areas of the site not occupied by buildings, parking, other improvements or textured paving shall be landscaped with trees, shrubs, hedges, ground covers and/or grasses. Landscaping shall be integrated with other functional and ornamental site design elements, where appropriate.

(5) Lighting.

(a) Pedestrian scale/decorative light fixtures are encouraged.

(b) The type and location of site and building lighting shall preclude direct glare onto adjoining property, streets or skyward.

J. Other development regulations. Provisions of this Chapter 170, Land Use, permitting residence-based business shall not apply in the R-5G District.

§ 170-104.3 R-5H Residence District.

[Added 3-28-2011 by Ord. No. 10-2011]

A. Purpose. The purpose of the R-5H Residence District is to implement the builder's remedy ordered by the Superior Court by order dated November 30, 2010, in litigation entitled "Hillside-Northfield Partners, LLC v. Township of Livingston et al." (Docket No. ESX-L-7509-08), which was previously consolidated with litigation entitled "Joseph Kushner Hebrew Academy, Inc. and TMB Partners, LLC v. Township of Livingston et al." (Docket No. ESX-L-9126-07), by permitting multifamily residential development as depicted on the concept site plan prepared by Minno & Wasko dated May 22, 2009, which was marked into evidence in the Superior Court as Exhibits PH-31 and 31A ("concept plan"), which includes a set-aside of 20% of rental units affordable to low- and moderate-income households.

B. Permitted principal uses and densities. Property in the R-5H District may be developed for multifamily residential use at a maximum gross density of 18 units per acre, provided that no more than 80 dwelling units are permitted in the R-5H District, including the set-aside of affordable units required by § 170-104.3C.

C. Affordable units.

(1) Twenty percent of the total number of residential units shall be rental units affordable to low- and moderate-income households, and said units shall be deed restricted pursuant to requirements of N.J.A.C. 5:97-1 et seq. ("COAH regulations") and of N.J.A.C. 5:80-26.1 et seq. ("UHAC"). A minimum of 50% of the affordable units shall be low-income units, and the balance shall be moderate-income units. Of the affordable rental units, 10% shall be affordable to households earning 30% or less of median income. These units shall be provided as part of the low-income housing requirement and not in addition to it.

(2) The development shall comply with the requirements of N.J.A.C. 5:97-3.14 regarding accessible and adaptable affordable units.

(3) Township Code §§ 170-125 to 170-136.2 shall not apply to development in the R-5H District, except that the development shall comply with Township Code §§ 170-126 to 170-128, provided that if such provisions of the Township Code impose more stringent requirements on the development than the COAH regulations and/or UHAC (N.J.A.C. 5:80-26.1 et seq.), then the COAH regulations and/or UHAC shall apply.

D. Principal buildings. No more than four principal buildings containing residential units shall be permitted ("residential buildings").

E. Permitted accessory buildings, structures and uses. The following accessory buildings, structures and uses are permitted in the R-5H District:

(1) One accessory building shall be permitted for a clubhouse and recreational facility ("clubhouse"). The clubhouse may include amenities that are necessary for operation of the development or are commonly found in such multifamily residential developments, such as, but not limited to, leasing and management offices, a health, fitness and recreational facility, a common area for use of the residents and their guests, storage and a machine room or rooms, concierge service, a business center and such other amenities that are customarily contained in the clubhouse of a residential development of this size and nature.

(2) Off-street parking in accordance with § 170-104.3F(10).

(3) Signs in accordance with § 170-104.3F(13).

(4) An outdoor swimming pool and patio area, which may include other recreational activities, for the use of the residents and guests of the development, in accordance with § 170-104.3G(3).

(5) Structures for garbage collection and recycling collection, including but not limited to dumpsters, in accordance with § 170-104.3G(4).

(6) Utility structures serving the development, including but not limited to a sanitary sewer pump station, cable television and telephone boxes, manholes, fire hydrants, electrical transformers, and other utilities that are customary to a residential development of this type.

(7) Any other building, structure or use, which is customary, incidental and subordinate to the multifamily residential use, in accordance with § 170-104.3G(4), except that the provisions of this Chapter 170 permitting operation of professional offices and residence-based businesses in residential zones shall not apply in the R-5H District.

F. Required zoning standards. The following zoning standards shall apply to development in the R-5H District:

(1) Minimum tract area: 4.0 acres.

(2) Building orientation and layout of site improvements: substantially consistent with the concept plan.

(3) Minimum building setbacks.

(a) Residential buildings:

[1] From the West Northfield Road right-of-way: 170 feet.

[2] From side property lines:

[a] Buildings 1, 2 and 4 (per concept plan): 68 feet.

[b] Building 3 (per concept plan): 50 feet.

[3] From rear property line: 65 feet.

[4] From parking areas: 10 feet.

(b) Clubhouse:

[1] From front property line: 70 feet.

[2] From side property lines: 135 feet.

[3] From parking areas: 10 feet.

(c) No accessory structure shall be located between a residential building or the clubhouse and the front lot line, provided that this provision shall not prohibit any accessory structures from being located directly behind the clubhouse. Any accessory structure other than the clubhouse shall have minimum setbacks of 10 feet from side lot lines and five feet from the rear lot line.

(d) Balconies, bay windows, roof overhangs, chimneys and similar appurtenances may extend not more than two feet into a required setback.

(4) Maximum building heights: In accordance with § 170-3, building height shall be determined based on the averaged vertical distance, measured at a minimum of four corners of the building, to the highest point of the building from the original lot grade or from the lot grade on a site plan, subdivision plan, or other plan as approved by the appropriate municipal agency or department. However, the lot grade from which the measurement is taken shall not consist of mounding, terracing or any devices or means designed or employed to allow increased building height. As so calculated, maximum building heights shall not exceed the following:

(a) Residential buildings: 44 feet.

(b) Clubhouse: 35 feet.

(c) Any accessory structure other than the clubhouse: 10 feet.

(5) Maximum number of stories:

(a) Residential buildings: three stories, including any garage area. Additional living space above the third story, such as a mezzanine or loft, shall not be classified as an additional story provided that:

[1] It complies with the regulations for the New Jersey Uniform Construction Code (N.J.A.C. 5:23-1 et seq.) applicable to such living space;

[2] It does not alter compliance with the height requirement in Subsection F(4)(a); and

[3] That level of the building continues to have a peaked roof, except for the inclusion of dormers.

(b) Clubhouse: two stories plus a fully below-grade basement, provided that any basement does not alter compliance with the height requirement in Subsection F(4)(b).

(6) Maximum number of dwelling units per residential building: 22 units, provided that the total number of dwelling units in all residential buildings shall not exceed 80.

(7) Maximum building coverage: 35%.

(8) Maximum building dimensions and footprints:

(a) Residential buildings: 140 feet by 75 feet, but not to exceed a maximum building footprint area of 9,700 square feet, measured from the exterior surface of exterior walls exclusive of balconies, bay windows, roof overhangs, chimneys and similar appurtenances excluded from the setback requirements by Subsection F(3)(d).

(b) Clubhouse: 55 feet by 75 feet, but not to exceed a maximum building footprint area of 3,500 square feet, measured from the exterior surface of exterior walls exclusive of balconies, bay windows, roof overhangs, chimneys and similar appurtenances excluded from the setback requirements by Subsection F(3)(d).

(9) Maximum impervious coverage: 60%.

(10) Off-street parking:

(a) The minimum number of spaces shall be as required under the Residential Site Improvement Standards (N.J.A.C. 5:21-4.14). Accessible parking spaces shall be provided in accordance with the New Jersey State Uniform Construction Code Barrier Free Subcode (N.J.A.C. 5:23-7.9).

(b) Garages for the parking of automobiles shall be permitted in the residential buildings, and driveways for the parking of automobiles may be placed in front of such garages, provided that any such driveway is available for use only by the tenant of the garage space to which such driveway provides access.

(c) The minimum parking setback to a property line shall be 10 feet to the face of the curb; provided, however, that the minimum parking setback from the rear lot line shall be eight feet, and greater parking setbacks shall be provided in the area between the clubhouse and side lot lines consistent with the concept plan.

(d) A parking area shall not be permitted between the clubhouse and the street right-of-way line.

(11) Temporary construction trailers. There shall be permitted on site two temporary construction trailers beginning from the time of commencement of site work for the development and ending seven days after issuance of a certification of occupancy for the last residential building. The dimensions of any temporary construction trailer shall not exceed a width of 10 feet, a length of 42 feet and a height of 10 feet. Temporary construction trailers may only be placed in areas that are approved for disturbance during construction and may not be placed at any location where vegetation is proposed to be retained. The parameters governing placement of temporary construction trailers may be addressed in a developer's agreement with the Township.

(12) Construction timing. A certificate of occupancy shall not be issued for the second constructed residential building until after a certificate of occupancy has been issued for the clubhouse.

(13) Sign regulations.

(a) Entrance ground sign:

[1] One entrance ground sign may be installed at the entrance to the development from West Northfield Road, which may indicate, among other information relevant to the development, the street number and/or the community name.

[2] The entrance ground sign shall be located so as to not create a sight distance obstruction and shall be located outside of areas designated for landscaped screening.

[3] The entrance ground sign shall be no larger than 36 square feet, not including the area of any support structure or ornamentation. The height of any entrance ground sign, including any support structure and ornamentation, shall not exceed five feet.

[4] The entrance ground sign may be illuminated. Any sign illumination shall be limited to either indirect lighting or diffused lighting, and the source of any lighting shall be shielded in such a manner as to not be visible from the street or any adjoining residential property.

(b) Temporary signage: as permitted by § 170-90A(2)(b).

(c) Building signs. Signs identifying the units located within each residential building shall be permitted to be posted on each residential building, as approved by the Planning Board as part of the required site plan approval.

(d) Directional signs. On-site directional signs shall be permitted, as approved by the Planning Board as part of the required site plan approval. Additional on-site traffic safety signage may be added subsequently as approved by the Township Engineer.

G. Design standards. The following design standards shall apply to development in the R-5H District:

(1) Architectural treatment.

(a) All facades of the residential buildings shall have the same architectural facade treatment, which shall consist of any combination of the following: brick, finished masonry, stone, HardiePlank®, wood, and vinyl.

(b) The side facade facing West Northfield Road of each of the two residential buildings closest to West Northfield Road shall have enhanced architectural features to appear similar to those on the front facade, including at least one building entrance.

(c) The clubhouse facade shall include the same materials and shall be of a color scheme and design similar to the residential buildings, and the front facade design of the clubhouse shall be similar to a single-family residence.

(2) Landscaping and buffering.

(a) Existing vegetation shall be preserved, where possible, and supplemented with plantings and other landscaping materials, as appropriate, to provide reasonable screening.

(b) Perimeter portions of the property shall be landscaped, as appropriate, to provide reasonable buffering and screening throughout the year for adjacent land uses.

(c) There shall be enhanced landscaping along the front and side property lines to provide a visual screen consistent with the concept plan. This enhanced landscaping shall include a double row of evergreen species that retain the lower branches into maturity, with an initial planting height of six to eight feet.

(3) Pool and patio.

(a) The pool and patio shall be located behind the clubhouse consistent with the concept plan.

(b) The pool and patio shall be screened from side lot lines by a solid fence not less than five feet nor more than six feet in height.

(4) Other accessory structures.

(a) Any dumpster or other solid waste or recyclable disposal area shall be fully enclosed and screened by materials matching the building facade material and color.

(b) There shall be no ground-mounted mechanical equipment, and any rooftop mechanical equipment shall be completely screened.

(c) Any other accessory structure shall be screened from all lot lines.

(5) Fencing and walls.

(a) Any fence or wall shall be no more than six feet high, except that any fence in the front yard shall be no more than four feet high and not less than 50% open, and walls shall not be permitted in the front yard.

(b) There shall be no setback requirement, except that any fence shall be not closer than the greater of three feet to the West Northfield sidewalk or 10 feet to the right-of-way line.

(c) Any retaining wall shall not exceed a height of eight feet and shall not have any setback requirement.

(6) Lighting.

(a) The type and location of site and building lighting shall preclude direct glare onto adjoining property, streets, or skyward.

H. Removal of undue cost generative requirements. In recognition of the obligation to remove undue cost generative requirements within the zoning ordinance in order to facilitate development within the R-5H District, the following requirements and standards shall apply to any application for development in the R-5H District:

(1) Waiver of checklist items. The Planning Board shall favorably consider waiving any checklist item for the purpose of determining whether an application for development is complete, except for items on the checklist that are necessary for the preservation of public health and safety; provided, however, that any checklist waiver shall not be deemed to limit the subsequent right to require additional information necessary to make an informed decision on the development application.

(2) Pro rata reduction of development application and technical review (escrow) fees. The required development application and technical review (escrow) fees shall be reduced by a percentage equal to the percentage of the total number of dwelling units within the proposed development that will be affordable lower-income units.

(3) Conduct of the proceedings. The Planning Board shall make a bona fide effort to expedite all requisite municipal development approvals, which may include the scheduling of special meetings and adjustments to meeting agendas, consistent with the intent of N.J.A.C. 5:97-10.3. At a minimum, substantially all of at least one meeting per month will be devoted to development applications involving the provision of affordable housing.

(4) The Planning Board shall not require the applicant to submit a traffic study or a full environmental impact report. However, the Planning Board may require submission of a report that addresses any relevant environmental issues that may be identified by the Board's professionals during site plan review and that includes reference to all permits and approvals needed from the New Jersey Department of Environmental Protection and the status of those applications. The Planning Board shall provide the applicant with the option of chosing a consultant from a list of at least four professionals prepared by the Planning Board. If the applicant chooses a consultant from the municipally prepared list, the applicant and the Planning Board will rely on the consultant's recommendations, and no other study will be prepared for the Planning Board on such subject, consistent with N.J.A.C. 5:97-10.4.

(5) As a condition of preliminary and/or final site plan and/or subdivision approval, the Planning Board may require on-site and off-site improvements as appropriate consistent with the Municipal Land Use Law.

(6) Recognizing the affordable housing contribution associated with development in the R-5H District, the Planning Board shall cooperate with any requests for reasonable waivers and/or variances to advance the purposes of this section.

(7) Steep slopes. Township ordinances governing steep slopes shall not apply to development in the R-5H District.

(8) Infrastructure. The Township owns property designated as Block 5500, Lot 14 on the Tax Map, adjoining the R-5H District, which is improved with a senior community center and has existing infrastructure for stormwater management and the conveyance of wastewater. The Township will facilitate proposed inclusionary development in the R-5H District by making reasonable accommodations regarding stormwater management and the conveyance of wastewater from the proposed development in the R-5H District, such as but not limited to permitting the proposed development to connect into the existing infrastructure on the Township property, provided that the existing infrastructure has sufficient capacity to accommodate additional wastewater and/or stormwater or can reasonably be upgraded by the developer of the proposed development. The cost of any infrastructure improvements necessitated by the proposed development in the R-5H District shall be solely borne by the developer of the proposed development.

(9) Stormwater management. Applications for development shall comply with the requirements in Chapter 170, Article XIII (Stormwater Management Plans) and Article XIX (Stormwater Control), of the Township Code.

(10) Trees. Development within the R-5H District shall not be subject to the payment requirement in § 170-57 for required replacement trees that cannot reasonably be provided on site. All other provisions of Chapter 170, Article VIII (Trees), shall apply.[1]

[1] Editor’s Note: Former Art. VIII, Trees, was repealed 11-21-2011 by Ord. No. 33-2011. See now Ch. 306, Trees.

(11) Unless expressly exempted or modified by this § 170-104.3, all other standards, conditions and requirements set forth in any other provision of Chapter 170 of the Township Code shall apply to development within the R-5H District.

§ 170-104.4 R-5I Residence District.

[Amended 11-21-2011 by Ord. No. 33-2011; 2-10-2025 by Ord. No. 2-2025]

A. Purpose. The purpose of the R-5I Residence District is to implement the builder's remedy ordered by the Superior Court by order dated October 27, 2010, in litigation entitled "Squiretown Properties, LLC v. Township of Livingston et al." (Docket No. ESX-L-9785-07), which was previously consolidated with litigation entitled "Joseph Kushner Hebrew Academy, Inc. and TMB Partners, LLC v. Township of Livingston et al." (Docket No. ESX-L-9126-07), by permitting multifamily residential development as depicted on a concept site plan prepared by Casey & Keller, dated December 29, 2010, and revised January 21, 2011 ("concept plan"), which reflects changes to a concept plan that was marked into evidence in the Superior Court as Exhibits PS-3 and 3A that were made in accordance with the terms of the foregoing order and subsequently approved by the Special Master, and which includes a set-aside of 20% of rental units affordable to low- and moderate-income households.

B. Permitted principal uses and densities. Property in the R-5I District may be developed for multifamily residential use at a maximum gross density of 11 units per acre, provided that no more than 220 dwelling units are permitted in the entire district, including the set-aside of affordable units required by § 170-104.4C.

C. Affordable units.

(1) Twenty percent of the total number of residential units, excluding the on-site superintendent unit, shall be rental units affordable to low- and moderate-income households, and said units shall be deed restricted pursuant to requirements of N.J.A.C. 5:97-1 et seq. ("COAH regulations") and of N.J.A.C. 5:80-26.1 et seq. ("UHAC"). A minimum of 50% of the affordable units shall be low-income units, and the balance shall be moderate-income units. Of the affordable rental units, which shall not include the on-site superintendent unit, 10% shall be affordable to households earning 30% or less of median income. These units shall be provided as part of the low-income housing requirement and not in addition to it.

(2) The development shall comply with the requirements of N.J.A.C. 5:97-3.14 regarding accessible and adaptable affordable units.

(3) Township Code §§ 170-125 to 170-136.2 shall not apply to development in the R-5H District, except that the development shall comply with Township Code §§ 170-126 to 170-128, provided that if such provisions of the Township Code impose more stringent requirements on the development than the COAH regulations and/or UHAC (N.J.A.C. 5:80-26.1 et seq.), then the COAH regulations and/or UHAC shall apply.

D. Principal buildings. No more than five principal buildings containing residential units shall be permitted ("residential buildings"). This provision shall not be interpreted to prohibit and/or apply to the maintenance building and/or on-site superintendent unit, which is defined as a permitted accessory building, structure and use herein.

E. Permitted accessory buildings, structures and uses. The following accessory buildings, structures and uses are permitted in the R-5I District:

(1) One accessory building shall be permitted for a clubhouse and recreational facility ("clubhouse"). The clubhouse may include amenities that are necessary for operation of the development or are commonly found in such multifamily residential developments, such as, but not limited to, leasing and management offices, a health, fitness and recreational facility, a common area for use of the residents and their guests, storage and a machine room or rooms, concierge service, a business center and such other amenities that are customarily contained in the clubhouse of a residential development of this size and nature.

(2) Off-street parking in accordance with § 170-104.4F(10).

(3) Signs in accordance with § 170-104.4F(13).

(4) An outdoor swimming pool and patio area, which may include other recreational activities, for the use of the residents and guests of the development, in accordance with § 170-104.4G(3).

(5) Structures for garbage collection and recycling collection, including but not limited to dumpsters, in accordance with § 170-104.4G(4).

(6) A maintenance building for snowplowing and other maintenance equipment customarily required for a residential development of this size and scope. The maintenance building may also include a one-bedroom residential unit to be occupied by the superintendent of the residential development. The one-bedroom residential unit shall be constructed above any equipment storage areas and shall be limited to 1,100 square feet of habitable floor area.

(7) Entrance gatehouses and/or mechanical arms for security purposes.

(8) Outdoor sports and recreation courts for residents and their guests.

(9) Outdoor tot-lots and/or recreation facilities for children of residents and their guests.

(10) Utility structures serving the development, including but not limited to a sanitary sewer pump station, cable television and telephone boxes, manholes, fire hydrants, electrical transformers, and other utilities that are customary to a residential development of this type.

(11) Any other building, structure or use, which is customary, incidental and subordinate to the multifamily residential use, in accordance with § 170-140.4G(4), except that the provisions of this Chapter 170 permitting operation of professional offices and residence-based businesses in residential zones shall not apply in the R-5I District.

F. Required zoning standards. The following zoning standards shall apply to development in the R-5I District:

(1) Minimum tract area: 20.0 acres.

(2) Building orientation and layout of site improvements: substantially consistent with the concept plan.

(3) Minimum building setbacks:

(a) Residential buildings:

[1] From Eisenhower Parkway right-of-way: 270 feet.

[2] From any other property line:

[a] Building C (per concept plan): 60 feet.

[b] Other buildings (per concept plan): 90 feet.

[3] From parking areas: 10 feet.

(b) Clubhouse:

[1] From Eisenhower Parkway right-of-way line: 325 feet.

[2] From any other property line: 200 feet.

[3] From parking areas: 10 feet.

(c) Maintenance building:

[1] From Eisenhower Parkway right-of-way line: 325 feet.

[2] From Old Road right-of-way: 265 feet.

[3] From any other property line: 70 feet.

[4] From parking areas: five feet.

(d) Any other accessory structures:

[1] From any property line of a residential lot fronting on Old Road: 50 feet.

[2] From any other property line: 40 feet.

[3] From parking areas: five feet, provided that this requirement shall not apply to garbage and recycling structures.

(e) Balconies, bay windows, roof overhangs, chimneys and similar appurtenances may extend not more than two feet into a required setback.

(4) Maximum building heights: In accordance with § 170-3, building height shall be determined based on the averaged vertical distance, measured at a minimum of four corners of the building, to the highest point of the building from the original lot grade or from the lot grade on a site plan, subdivision plan, or other plan as approved by the appropriate municipal agency or department. However, the lot grade from which the measurement is taken shall not consist of mounding, terracing or any devices or means designed or employed to allow increased building height. As so calculated, maximum building heights shall not exceed the following:

(a) Residential buildings:

[1] Buildings B and C (per concept plan): 65 feet.

[2] Buildings A, E and F (per concept plan): 55 feet.

(b) Clubhouse: 35 feet.

(c) Maintenance building: 35 feet.

(d) Any other accessory structure: 15 feet.

(5) Maximum number of stories:

(a) Residential buildings B and C (per concept plan): four stories over one parking garage level.

(b) Residential buildings A, E and F (per concept plan): three stories over one parking garage level.

(c) Clubhouse: two stories plus a basement, provided that any basement does not alter compliance with the height requirement in Subsection F(4)(b).

(d) The parking garage level for each residential building shall be on average at least 50% below grade.

(e) Additional living space above the top story, such as a mezzanine or loft, shall not be classified as an additional story, provided that:

[1] It complies with the regulations for the New Jersey Uniform Construction Code (N.J.A.C. 5:23-1 et seq.) applicable to such living space;

[2] It does not alter compliance with the height requirement in Subsection F(4)(a); and

[3] That level of the building continues to have a peaked roof, except for the inclusion of dormers.

(6) Maximum number of dwelling units per residential building: 65.

(7) Maximum building coverage: 15%.

(8) Maximum building dimensions and footprints:

(a) Residential buildings:

[1] Buildings B and C (per concept plan): 285 feet by 80 feet, but not to exceed a maximum building footprint area of 21,000 square feet, measured from the exterior surface of exterior walls, exclusive of balconies, bay windows, roof overhangs, chimneys and similar appurtenances excluded from the setback requirements by Subsection F(3)(e).

[2] Buildings A, E and F (per concept plan): 200 feet by 75 feet, but not to exceed a maximum building footprint area of 13,650 square feet, measured from the exterior surface of exterior walls, exclusive of balconies, bay windows, roof overhangs, chimneys and similar appurtenances excluded from the setback requirements by Subsection F(3)(e).

(b) Clubhouse: 60 feet by 65 feet, but not to exceed a maximum building footprint area of 3,000 square feet, measured from the exterior surface of exterior walls, exclusive of balconies, bay windows, roof overhangs, chimneys and similar appurtenances excluded from the setback requirements by Subsection F(3)(e).

(c) Maintenance building: 35 feet by 55 feet, but not to exceed a maximum building footprint area of 1,500 square feet, measured from the exterior surface of exterior walls.

(d) Other accessory structures: footprint shall not exceed 500 square feet per structure.

(9) Maximum impervious coverage: 35%.

(10) Off-street parking.

(a) The minimum number of spaces shall be as required under the Residential Site Improvement Standards (N.J.A.C. 5:21-4.14). Accessible parking spaces shall be provided in accordance with the New Jersey State Uniform Construction Code Barrier Free Subcode (N.J.A.C. 5:23-7.10).

(b) Garages for the parking of automobiles shall be permitted in the residential buildings and driveways for the parking of automobiles shall also be permitted adjacent to the residential buildings.

(c) The minimum parking setback to a property line or right-of-way shall be 20 feet to the face of the curb.

(11) Temporary construction trailers. There shall be permitted on site four temporary construction trailers beginning from the time of commencement of site work for the development and ending seven days after issuance of a certification of occupancy for the last residential building. The dimensions of any temporary construction trailer shall not exceed a width of 10 feet, a length of 42 feet and a height of 10 feet. Temporary construction trailers may only be placed in areas that are approved for disturbance during construction and may not be placed at any location where vegetation is proposed to be retained. The parameters governing placement of temporary construction trailers may be addressed in a developer's agreement with the Township.

(12) Construction timing. A certificate of occupancy shall not be issued for the third constructed residential building until after a certificate of occupancy has been issued for the clubhouse.

(13) Sign regulations.

(a) Entrance ground signs.

[1] One entrance ground sign each may be installed at the Eisenhower Parkway and Old Road entrances to the development, which sign may indicate, among other information relevant to the development, the street number and/or the community name.

[2] Each entrance ground sign shall be located at least five feet from the right-of-way line of Eisenhower Parkway or Old Road, as applicable, and shall be located so as to not create a sight distance obstruction.

[3] Each entrance ground sign shall be no larger than 36 square feet, not including the area of any support structure or ornamentation. The height of each entrance ground sign, including any support structure and ornamentation, shall not exceed five feet.

[4] Each entrance ground sign may be illuminated. Any sign illumination shall be limited to either indirect lighting or diffused lighting, and the source of any lighting shall be shielded in such a manner as to not be visible from the street or any adjoining residential property.

(b) Temporary signage: As permitted by § 170-90A(2)(b).

(c) Building signs. Signs identifying the units located within each residential building shall be permitted to be posted on each residential building as approved by the Planning Board as part of the required site plan approval.

(d) Directional signs. On-site directional signs shall be permitted as approved by the Planning Board as part of the required site plan approval. Additional on-site traffic safety signage may be added subsequently as approved by the Township Engineer.

G. Design standards. The following design standards shall apply to development in the R-5I District:

(1) Architectural treatment.

(a) All facades of the residential buildings shall have similar architectural facade treatment, which shall consist of any combination of brick, finished masonry, stone, HardiePlank®, wood and vinyl.

(b) The clubhouse facade shall include the same materials and shall be of a color scheme and design similar to the residential buildings.

(2) Landscaping and buffering.

(a) Existing vegetation shall be preserved, where possible, and supplemented with plantings and other landscaping materials as appropriate.

(b) Perimeter portions of the site shall be landscaped as appropriate to provide reasonable buffering and screening throughout the year for adjacent land uses, consistent with the colored concept plan presented in court and marked as Exhibit PS-3A.

(c) There shall be enhanced landscaping along Old Road and all property lines abutting residential lots to provide a visual screen. This enhanced landscaping shall include a double row of evergreen species that retain the lower branches into maturity, with an initial planting height of six to eight feet.

(3) Pool and patio.

(a) The pool shall have minimum setbacks of 10 feet from the clubhouse and 200 feet from any property line.

(b) The pool shall be screened by a solid fence not less than five feet nor more than six feet in height.

(4) Other accessory structures.

(a) Any dumpster or other solid waste or recyclable disposal area shall be fully enclosed and screened by materials matching the building facade material and color.

(b) Any ground-mounted mechanical equipment and any rooftop mechanical equipment shall be completely screened.

(c) Any other accessory structure shall be screened from all lot lines.

(5) Fencing and walls.

(a) Any fence or wall shall be no more than six feet high, except that a retaining wall may have a maximum height of eight feet.

(b) There shall be no setback requirement, except that any fence or wall shall be not closer than 10 feet to a street right-of-way line.

(c) Fences and walls are permitted in the front yard.

(6) Lighting.

(a) The type and location of site and building lighting shall preclude direct glare onto adjoining property, streets, or skyward.

H. Removal of undue cost generative requirements. In recognition of the obligation to remove undue cost generative requirements within the zoning ordinance in order to facilitate development within the R-5I District, the following requirements and standards shall apply to any application for development in the R-5I District:

(1) Waiver of checklist items. The Planning Board shall favorably consider waiving any checklist item for the purpose of determining whether an application for development is complete, except for items on the checklist that are necessary for the preservation of public health and safety; provided, however, that any checklist waiver shall not be deemed to limit the subsequent right to require additional information necessary to make an informed decision on the development application.

(2) Pro rata reduction of development application and technical review (escrow) fees. The required development application and technical review (escrow) fees shall be reduced by a percentage equal to the percentage of the total number of dwelling units within the proposed development that will be affordable lower income units.

(3) Conduct of the proceedings. The Planning Board shall make a bona fide effort to expedite all requisite municipal development approvals, which may include the scheduling of special meetings and adjustments to meeting agendas, consistent with the intent of N.J.A.C. 5:97-10.3. At a minimum, substantially all of at least one meeting per month will be devoted to any development application for the R-5I District, subject to similar commitments as to other development applications involving the provision of affordable housing.

(4) The Planning Board may require the pre-hearing submission of the traffic study prepared by Hamal Associates, Inc., dated July 1, 2009, which was marked into evidence in the Superior Court as Exhibit PS-9. The Planning Board shall not require the applicant to submit a full environmental impact report, but may subsequently require submission of a report that addresses any relevant environmental issues that may be identified by the Board's professionals during site plan review and that includes reference to all permits and approvals needed from the New Jersey Department of Environmental Protection and the status of those applications. The Planning Board shall provide the applicant with the option of chosing a consultant from a list of at least four professionals prepared by the Planning Board. If the applicant chooses a consultant from the municipally prepared list, the applicant and the Planning Board will rely on the consultant's recommendations, and no other study will be prepared for the Planning Board on such subject, consistent with N.J.A.C. 5:97-10.4.

(5) As a condition of preliminary and/or final site plan and/or subdivision approval, the Planning Board may require on-site and off-site improvements, as appropriate, consistent with the Municipal Land Use Law.

(6) Recognizing the affordable housing contribution associated with development in the R-5I District, the Planning Board shall cooperate with any requests for reasonable waivers and/or variances to advance the purposes of this section.

(7) Steep slopes. Township ordinances governing steep slopes shall not apply to development in the R-5I District.

(8) Stormwater management. Applications for development shall comply with the requirements in Chapter 170, Article XIII (Stormwater Management Plans) and Article XIX (Stormwater Control), of the Township Code.

(9) Trees. Development within the R-5I District shall not be subject to the payment requirement in § 170-57 for required replacement trees that cannot reasonably be provided on site. In lieu of a complete tree inventory, the applicant may present an inventory based on a reasonable sampling plan prepared by a qualified forester. All other provisions of Chapter 170, Article VIII (Trees) shall apply.

(10) Unless expressly exempted or modified by this § 170-104.4, all other standards, conditions and requirements set forth in any other provision of Chapter 170 of the Township Code shall apply to development within the R-5I District.

§ 170-104.5 R-5J Residence District.

[Added 5-23-2016 by Ord. No. 15-2016]

A. Purpose. The purpose of the R-5J Residence District is to permit inclusionary development of stacked townhouses in a manner compatible with uses on neighborhood properties already developed or for which development approvals have been granted, while providing 12 units of inclusionary affordable housing.

B. Definitions.

STACKED TOWNHOUSE

A multifamily residential building with eight to 10 attached dwelling units consolidated into a single structure. Each unit shares at least one common wall. Units are mixed vertically; however, no more than one unit is permitted above another unit. Each unit must have its own external entrance at the building frontage and its own internal parking space for at least one car.

C. Permitted principal use. Property in the R-5J District may be developed for inclusionary stacked townhouses with 12 units affordable to very-low-income, low-income and moderate-income households, including a preference for veterans, in accordance with state standards. The accessibility and adaptability requirements of N.J.A.C. 5:94-3.13 shall be complied with.

[Amended 10-25-2016 by Ord. No. 30-2016]

D. Required conditions.

(1) General requirements.

(a) Minimum tract size: 3.95 acres.

(b) Maximum building height: 45 feet.

(c) Maximum building coverage: 30%.

(d) Maximum impervious coverage: 60%.

(e) Minimum building setback.

[1] From Old Short Hills Road right-of-way line: 25 feet.

[2] From East Cedar Street right-of-way line: 25 feet.

[3] From tract boundaries with property developed for existing nonresidential or townhouse use: 25 feet.

[4] From interior streets face of curb: 20 feet.

[5] Minimum distance between buildings: 20 feet.

[6] Bay windows, roof overhangs, chimneys, balconies and similar appurtenances may extend not more than two feet into a required yard area.

[7] Decks may extend not more than 10 feet into a rear yard.

(f) Landscaped buffer: ten-foot-wide landscape buffers to provide appropriate screening of buildings and parking areas from adjacent residential and nonresidential uses as determined by the Planning Board.

(g) Parking.

[1] Parking shall be provided as required by § 170-94, the Residential Site Improvement Standards, and applicable state rules regarding affordable housing. Each unit shall have not less than one garage space.

[2] Parking on interior streets, to meet those requirements shall be provided only as approved by the Planning Board.

[3] No parking shall be permitted within 25 feet of the Old Short Hills Road right-of-way line or within 10 feet of adjacent property developed for residential use.

(h) Vehicular access and egress from or to East Cedar Street is prohibited.

(i) In addition to the required landscaped buffers, not less than 30% of the entire tract shall be landscaped common space with amenities approved by the Planning Board.

(2) Inclusionary stacked townhouses.

[Amended 10-25-2016 by Ord. No. 30-2016]

(a) Number of buildings: No more than seven.

(b) Number of units per building: minimum of eight and maximum of 10.

(c) Number of units: 60 in stacked townhouses.

(d) Maximum number of units per gross acre: 15.19.

(e) Maximum number of bedrooms per unit: two; provided, however, that affordable units may have up to three bedrooms as required by applicable state law.

[Amended 8-7-2017 by Ord. No. 17-2017]

(f) Facades of townhouse buildings shall be broken into segments with vertical orientation having varied facade treatments of brick, finished masonry, stone, wood or other materials that the Planning Board approves and finds to present visual appeal to the development.

(g) Internal streets shall have a width of at least 24 feet.

(h) Signs.

[1] At the entrance to the tract, one sign indicating the name of the community shall be permitted. It shall not exceed 20 square feet in overall area or a height of six feet. Any illumination shall be either indirect lighting or diffused lighting, and the source of any lighting shall be shielded in such a manner as to not be visible from the street or neighboring residential property.

[2] Such sign shall be set back five feet from the Old Short Hills Road right-of-way line.

[3] On-site directional signs shall be permitted subject to limitations as to appropriate number, size, style and location as determined by the Planning Board.

E. Provisions of this Chapter 170 permitting operation of professional offices in residences or permitting residence-based business shall not apply in the R-5J District.

F. Unless otherwise specified in this § 170-104.5, all other provisions and requirements of this Chapter 170, Land Use, shall apply to all development within R-5J District.

§ 170-104.6 R-5K Residence District.

[Added 9-8-2020 by Ord. No. 10-2020]

A. Purpose. The purpose of the R-5K Residence District is to permit inclusionary multifamily residential development as depicted on a concept site plan prepared by Lessard Design, dated May 5, 2020, that includes a 15% set aside of rental units affordable to low- and moderate-income households.

B. Permitted principal uses and densities.

(1) Property in the R-5K District may continue to be devoted to current office use in accordance with the zoning regulations for the R-L Research Laboratory District, and the existing building and site improvements may be modified and repaired consistent with such regulations; however, new or replacement principal buildings devoted to such use are not permitted.

(2) Property in the R-5K District may be redeveloped for inclusionary multifamily residential use at a maximum gross density of 12.5 units per acre; provided that no more than 166 residential dwelling units, including a 15% set aside of affordable units as required by § 170-104.6C are permitted.

C. Affordable housing units. Fifteen percent (25 residential units) of the total number of 166 residential units shall be rental units affordable to low- and moderate-income households, and these units shall be deed restricted pursuant to requirements of N.J.A.C. 5:80- 26.1 et seq., ("UHAC"), as amended or superseded by other requirements of state law and regulations. A minimum of 50% of the affordable units shall be affordable to low-income households, including 13% of the total affordable units that shall be affordable to very-low-income households. The balance of the required affordable units shall be affordable to moderate-income households.

(1) The development shall comply with the requirements of N.J.A.C. 5:97-3.14[1] or similar regulations regarding accessible and adaptable affordable units.

[1] Editor's Note: The provisions of N.J.A.C. 5:97 expired 6-2-2015.

(2) Township Code §§ 170-126 to 170-128 shall apply, provided that if these provisions of the Township Code impose more stringent requirements than the UHAC regulations, then the UHAC regulations shall apply.

D. Principal buildings. Only one principal building shall be permitted. The principal building shall contain residential units and include one or more elevators for the use of residents and visitors.

E. Permitted accessory buildings, structures and uses. The following accessory buildings, structures and uses are permitted in the R-5K District when developed for multifamily residential use:

(1) Facilities within the principal building for operation of the development and/or use by residents that are commonly found in multifamily residential developments, such as, but not limited to, leasing and management offices, a health fitness and recreational facility, a common area for use of the residents of the development and their guests, storage space for residents, a machine room or rooms, concierge service, a business center and such other amenities customarily provided in a multifamily building of this size and type.

(2) Off-street parking in accordance with § 170-94, § 170-104.6F(10) and the Residential Site Improvement Standards.

(3) Signs in accordance with § 170-104.6F(13).

(4) An outdoor swimming pool and patio area, which may include areas for other recreational activities for the use of residents and guests of the development, in accordance with § 170-104.6G(3).

(5) Utility structures serving the development, including but not limited to a sanitary sewer pump station, cable television and telephone boxes, manholes, fire hydrants, electrical transformers, and other utilities that are customary to a residential development of this type.

(6) The principal building shall include one additional apartment restricted to occupancy by an individual responsible for building maintenance/operations along with members of his/her household (if any).

(7) In addition to the 166 residential dwelling units, the principal building may include up to two model apartment units restricted against occupancy as dwelling units and used solely to show prospective tenants interior finishes and floor plans.

(8) The principal building shall include on each floor, as specifically reviewed and approved by the Planning Board, one or more trash chutes in enclosed areas and/or one or more other enclosed areas in the building, all separate from individual dwelling units and access hallways, for temporary storage of waste and recyclable materials prior to being conveyed to the service building by property janitorial and/or maintenance workers.

(9) A service building not exceeding 25 feet in height, having a building footprint of no more that 1,250 square feet and having the same facade materials and colors as the principal building, for storage of property maintenance equipment and materials and also for temporary storage of refuse and recyclable materials, which shall not be stored elsewhere on the property outside the principal building and shall only be brought to the accessory building by property janitorial and/or maintenance workers. Access to this accessory building by residents of the development shall not be permitted.

(10) Any other building, structure or use that is customary, incidental and subordinate to the multifamily residential use; provided, however, that the provisions of this Chapter 170 permitting operation of professional offices and residence-based businesses in residential zones shall not apply in the R-5K District.

F. Required zoning standards. The following zoning standards shall apply to development in the R-5K District:

(1) Minimum tract area: 13.0 acres.

(2) Building orientation and layout of site improvements must be substantially consistent with the concept plan.

(3) Minimum building setbacks:

(a) From the internal private driveway abutting the north lot line: 12 feet.

(b) From all other lot and road right-of-way lines: 100 feet.

(c) Balconies, bay windows, roof overhangs, chimneys and similar appurtenances may extend not more than two feet into a required setback.

(4) Any swimming pool or recreational area or facility shall not be located closer to any lot line than the principal building.

(5) Any accessory structure other than a swimming pool or recreational building or facility shall have minimum setbacks of 20 feet from any lot line or right-of-way line.

(6) Maximum building height: In accordance with § 170-3, building height shall be determined based on the averaged vertical distance, measured at a minimum of four comers of the building, to the highest point of the building from the original lot grade or from the lot grade on a site plan, subdivision plan, or other plan as approved by the appropriate municipal agency or department. However, the lot grade from which the measurement is taken shall not consist of mounding, terracing or any devices or means designed or employed to allow increased building height. As so calculated, maximum building heights shall not exceed the following:

(a) Principal building: 70 feet.

(b) A maintenance/storage building as permitted by § 170-104.6E(9): 25 feet.

(c) Any other accessory structure: 15 feet.

(7) Maximum number of stories:

(a) Principal building: four stories, including any parking level.

(b) Any accessory building: one story.

(8) Maximum building coverage: 35%.

(9) Maximum impervious coverage: 60%.

(10) Off-street parking:

(a) The minimum number of spaces shall be as required under the Residential Site Improvement Standards (N.J.A.C. 5:21-4.14). Accessible parking spaces shall be provided in accordance with the New Jersey State Uniform Construction Code Barrier Free Subcode (N.J.A.C. 5:23-7.9).

(b) The required number of parking spaces shall be in addition to 133 existing parking spaces that are required to be available for use by the adjacent medical office property to the north pursuant to a recorded easement agreement. The number of parking spaces on the property available for use by any abutting property shall not be increased.

(c) The minimum parking setback to a property line shall be 10 feet from the face of the curb at the end of parking aisles near St. Barnabas Drive. Greater parking setbacks shall be provided in other areas consistent with the concept plan.

(11) Access. Vehicle entry and exit shall be provided at Kensington Drive to the south and at two connections to St. Barnabas Drive to the north.

(12) Temporary construction trailers. There shall be permitted on site two temporary construction trailers beginning from the time of commencement of site work for the development and ending 30 days after issuance of the last certification of occupancy for the principal building. The dimensions of any temporary construction trailer shall not exceed a width of 11 feet, a length of 42 feet, and a height of 15 feet. Temporary construction trailers may only be placed in areas that are approved for disturbance during construction and may not be placed at any location where vegetation is proposed to be retained. The parameters governing placement of temporary construction trailers may be addressed in a developer's agreement with the Township.

(13) Sign regulations.

(a) Entrance ground signs:

[1] One entrance ground sign identifying the development and providing information such as the street number and/or the community name may be installed at each of up to three separate driveway entrances to the development.

[2] Any entrance ground sign shall be located so as to not create a sight distance obstruction and shall be located outside of areas designated for landscaped screening.

[3] Any entrance ground sign shall be no larger than 36 square feet, not including the area of any support structure or ornamentation. The height of any entrance ground sign, including any support structure and ornamentation, shall not exceed five feet.

[4] Any illumination of an entrance ground sign shall be limited to either indirect lighting or diffused lighting, and the source of any lighting shall be shielded in such a manner as to not be visible from the abutting street or any adjoining residential property.

(b) Temporary signage: Beginning from the commencement of on site development activity, two nonilluminated signs advertising the development may be installed on the property. Each such sign shall be subject to a maximum size of 30 square feet, maximum height of six feet, and a minimum setback of 20 feet, and any such sign shall be removed not later than seven days after the last apartment unit has been leased.

(c) Building signs. One facade sign not exceeding 20 square feet in area shall be permitted to identify the main entrance to the principal building, as approved by the Planning Board as part of the required site plan approval.

(d) Directional signs. On-site directional signs shall be permitted, as approved by the Planning Board as part of the required site plan approval. Additional onsite traffic safety signage may be added subsequently as approved by the Township Engineer.

G. Design standards. The following design standards shall apply to development in the R-5K District:

(1) Architectural treatment.

(a) All principal building facades shall have the same architectural facade treatment, which shall consist of any combination of the following: brick, finished masonry, stone, Hardi Plank or similar material, wood, and vinyl. Stucco shall not be permitted.

(b) Any accessory building facade shall include the same materials and shall be of a color scheme and design similar to the principal building.

(2) Landscaping and buffering.

(a) Existing vegetation shall be preserved, where possible, and supplemented with plantings and other landscaping materials as appropriate to provide reasonable screening.

(b) Perimeter portions of the property shall be landscaped as appropriate to provide reasonable buffering and screening throughout the year for adjacent land uses.

(c) There shall be enhanced landscaping for all areas visible from residential zone districts to provide a visual screen consistent with the concept plan. This enhanced landscaping shall include a double row of evergreen species that retain the lower branches into maturity, with an initial planting height of six to eight feet.

(3) Swimming pool and patio.

(a) Any swimming pool and patio shall be located in the open space area between the two wings of the residential building.

(b) Any swimming pool and patio shall be screened from lot lines by either a landscaped buffer or a solid fence not less than five feet nor more than six feet in height to the extent that screening is not provided by the principal building, as approved by the Planning Board as part of the required site plan approval.

(4) Other accessory structures.

(a) There shall be no ground-mounted mechanical equipment, and any rooftop mechanical equipment shall be completely screened.

(b) Any other accessory structure shall be screened from all lot lines.

(5) Fencing and walls.

(a) Any fence or wall shall be no more than six feet high, except that any fence in the front yard shall be no more than four feet high and not less than 50% open. Walls, other than retaining walls, shall not be permitted in the front yard.

(b) Any single retaining wall shall not exceed a height of eight feet and shall not have any setback requirement.

(6) Lighting. In addition to other applicable requirements, the type and location of site and building lighting shall preclude direct glare skyward, or onto adjoining property and streets.

H. Removal of undue cost generative requirements. In recognition of the policy goal of removing undue cost generative requirements within the Zoning Ordinance in order to facilitate development of affordable housing in the R-5K District, the following requirements and standards shall apply to any application for inclusionary development in the R-5K District:

(1) Waiver of checklist items. The Planning Board shall favorably consider waiving any checklist item for the purpose of determining whether an application for development is complete, except for items on the checklist that are necessary for the preservation of public health and safety; provided, however, that any checklist waiver shall not be deemed to limit the subsequent right to require additional information necessary to make an informed decision on the development application.

(2) Conduct of the proceedings. The Planning Board shall make a bona fide effort to expedite all requisite municipal development approvals, which may include the scheduling of special meetings and adjustments to meeting agendas, consistent with the intent of former N.J.A.C. 5:97-10.3.[2]

[2] Editor's Note: The provisions of N.J.A.C. 5:97 expired 6-2-2015.

(3) Recognizing the affordable housing contribution associated with development in the R-5K District, the Planning Board shall cooperate with any requests for reasonable waivers and/or variances to advance the purposes of this section.

I. Steep slopes. Township ordinances governing steep slopes shall not apply to development in the R-5K District.

J. Stormwater management. Applications for development shall comply with the requirements in Chapter 170, Article XIII (Stormwater Management Plans) and Article XIX (Stormwater Control) of the Township Code.

K. Unless expressly exempted or modified by this § 170-104.6, all other standards, conditions and requirements set forth in any other provision of Chapter 170 of the Township Code shall apply to development within the R-5K District.

§ 170-104.7 R-5L Residence Overlay District.

[Added 1-24-2022 by Ord. No. 1-2022]

A. Purpose. The purpose of the R-5L Residence Overlay District is to permit inclusionary multifamily residential development of not more than 72 units, including a 20% set-aside of affordable units as required by § 170-104.7C.

B. Permitted principal uses and densities. Property in the R-5L District may be developed for inclusionary multifamily residential use at a maximum gross density of 20.2 units per acre.

C. Affordable housing units.

(1) Twenty percent (14 residential units out of the total) shall be units affordable to low- and moderate-income households, and these units shall access be deed-restricted pursuant to requirements of N.J.A.C. 5:80-26.1, et seq., ("UHAC") as amended or superseded by other requirements of State law and regulations. A minimum of 50% of the affordable units shall be affordable to low-income households, including 13% of the total affordable units that shall be affordable to very-low-income households.

(2) The balance of the required affordable units shall be affordable to moderate-income households. The development shall comply with the requirements of N.J.A.C. 5:97-3.14 or similar regulations regarding accessible and adaptable affordable units.

(3) Township Code §§ 170-126 to 170-128 shall apply, provided that if those provisions of the Township Code impose more stringent requirements than the UHAC regulations, then the UHAC regulations shall apply.

D. Principal buildings. Only one principal building shall be permitted.

(1) The principal building shall contain residential units. The provisions of this Chapter 170 permitting operation of professional offices and residence-based businesses in residence zones shall not apply in the R-5L District.

(2) Every affordable residential unit shall be accessible or adaptable in conformance with applicable law and regulations.

(3) The building shall be served by one or more elevators for the use of residents and visitors.

(4) The building may include one additional residential unit restricted to occupancy by an individual (and members of such individual's household, if any) responsible for building maintenance/operations.

(5) The building shall include on each floor, all separate from individual dwelling units and access hallways and as specifically reviewed and approved by the Planning Board, one or more trash chutes in enclosed areas and/or one or more other enclosed areas for temporary storage of waste and recyclable materials prior to being conveyed to the outside garbage and recycling storage and pick-up structure(s) by property janitorial and/or maintenance workers.

(6) The principal building entrance and lobby shall be oriented toward Volker Lane.

E. Permitted accessory buildings, structures and uses. The following accessory buildings, structures and uses are permitted in the R-5L District when developed for multifamily residential use:

(1) Facilities within the principal building for operation of the development and/or use by residents that are commonly found in multifamily residential developments, such as, but not limited to, leasing and management offices, a health fitness and recreational facility, a common area for use of the residents of the development and their guests, storage space for residents, a machine room or rooms, concierge service, a business center, a bicycle storage room and such other amenities customarily provided in a multifamily building of this size and type.

(2) Off-street parking in accordance with § 170-94 and § 170-104.7F(9).

(3) Signs in accordance with § 170-104.7F(10).

(4) An outdoor swimming pool and patio area that may include other compatible recreational activities for the use of residents and guests of the development.

(5) Utility structures serving the development, including but not limited to a sanitary sewer pump station, cable television and telephone boxes, manholes, fire hydrants, electrical transformers, emergency generators, and other utilities that are customary to a residential development of this type.

(6) Structures for garbage and recycling storage and pick-up.

(7) A one-story maintenance building, or an area appropriately screened, for snowplowing and other maintenance equipment customarily required for a residential development of this size.

F. Required zoning standards. The following zoning standards shall apply to development in the R-5L District:

(1) Minimum tract area: 3.5 acres fronting on Passaic Avenue and Volker Lane.

(2) Vehicular access and egress shall be at the Passaic Avenue frontage, with emergency vehicle secondary access from Volker Lane.

(3) Minimum principal building setbacks:

(a) From Passaic Avenue right-of-way line: 50 feet.

(b) From Volker Lane right-of-way line: 84 feet.

(c) From Block 6101 Lot 27: Minimum principal building setback of 40 feet for a distance of 205 feet from the west side of the Passaic Avenue right-of-way in a westerly direction to the angle point of the common line between Lots 25 and 26 and Lot 27, at which point the minimum setback shall be reduced to 25 feet.

(d) From Lots 24 and 28 property line: 25 feet.

(e) Rear yard: 100 feet.

(f) Balconies, bay windows, roof overhangs, chimneys and similar appurtenances may extend not more than two feet into a required setback.

(4) Any swimming pool or recreational area shall not be located closer to any lot line or the Volker Lane right-of-way line than 25 feet.

(5) Parking spaces shall be set back:

(a) From the principal building: a minimum of five feet.

(b) From the Volker Lane right-of-way line: a minimum of 10 feet.

(6) Maximum building heights.

(a) Principal building: 49 feet, as measured from the average elevation of the finished grade, as determined by taking grade points in ten-foot intervals around the perimeter of the building, to the highest point of the roof of a flat roof, the deck line of a mansard roof, or the mean height level between eaves and ridge (mid-line of the roof) for a gable, hip or gambrel roof. The maximum height limit shall not apply to appurtenances usually required to be placed above the roof level and not intended for human occupancy.

(b) A maintenance/storage building permitted by § 170-104.7E(7): 25 feet.

(c) Any other permitted accessory structure: 10 feet.

(7) Maximum building coverage: 28%.

(8) Maximum impervious coverage: 55%.

(9) Off-street parking:

(a) Off-street parking shall be provided in accordance with § 170-94.

(b) The minimum number of spaces shall be as required under the Residential Site Improvement Standards (N.J.A.C. 5:21-4.14).

(c) Accessible parking spaces shall be provided in accordance with the New Jersey State Uniform Construction Code Barrier Free Subcode (N.J.A.C. 5:23-7.9).

(d) Within the principal building, tandem parking may be permitted for two vehicles of the same tenant.

(e) Not less than 10% of the parking spaces shall be equipped with electric vehicle charging stations. At least one such station shall be at or immediately adjacent to an accessible parking space.

(10) Sign regulations.

(a) Entrance ground sign:

[1] One entrance ground sign providing the street number and/or the community name may be installed at the Passaic Avenue entrance with a minimum setback of the greater of five feet from the front street right-of-way-line or five feet from the sidewalk. It shall have a maximum overall size of 30 square feet, and a maximum height, including any base, of five feet.

[2] Any illumination of the entrance ground sign shall be limited to either indirect lighting or diffused lighting, and the source of any lighting shall be shielded in such a manner as to not be visible from the abutting street or any adjoining residential property.

(b) On-site directional and traffic control signs. Permitted as approved by the Planning Board as part of site plan approval. Additional on-site condition of use signage may be added to the off-street parking subsequently as approved by the Township Construction Official pursuant to § 170-94.

(11) Design standards. The following design standards shall apply to development in the R-5L District:

(a) Architectural treatment.

[1] The principal building facades shall consist of any combination of brick, finished masonry, stone, Hardie Plank or similar material, wood, and vinyl approved by the Planning Board. Stucco shall not be permitted.

[2] Any accessory building facade shall include the same materials and shall be of a color scheme and design as the principal building.

(b) Landscaping and buffering.

[1] No trees shall be removed other than pursuant to a tree removal permit. Existing vegetation shall be preserved where possible, and replaced and supplemented with plantings and other landscaping materials approved by the Planning Board.

[2] There shall be enhanced landscaping to provide a visual screen at property boundaries. This enhanced landscaping shall include a double row of evergreen species that retain their lower branches into maturity, with an initial planting height of six feet to eight feet.

(c) Mechanical equipment. Any rooftop mechanical equipment shall be completely screened. Any ground-mounted mechanical equipment shall be completely screened from adjoining properties and shall be set back a minimum of 10 feet from any property line.

(d) Sustainability. The buildings shall incorporate green building features and shall be designed to a standard similar to New Jersey ENERGY STAR^®, incorporating features such as low flow water-saving fixtures, enhanced building envelope insulation and sealing, double-pane windows, energy efficient appliances, LED lighting, energy saving thermostats, EV charging stations, and enhanced air quality in common spaces. Materials present on site, such as concrete and asphalt, may be recycled and re-used in place of mined aggregates during construction.

§ 170-104.8 R-5M Multifamily Housing Overlay District

[Added 5-10-2021 by Ord. No. 8-2021]

A. Purpose. The purpose of the R-5M Multifamily Housing Overlay District is to permit the provision of inclusionary non-age-restricted residential development.

B. Permitted principal use: Only one principal building shall be permitted.

(1) A maximum of 71 residential units consisting of one-bedroom and two-bedroom units (except for three-bedroom low- and moderate-income units as required pursuant to N.J.A.C. 5:80-26.1 et. seq.). No less than 20% of the units shall be deed restricted as units available to low- and moderate-income households for a period of 30 years pursuant to N.J.A.C. 5:80-26.1 et seq., as amended or superseded by other requirements of state law or regulations.

(2) A minimum of 50% of the affordable units shall be affordable to low-income households, including 13% of the total affordable units that shall be affordable to very-low-income households.

(3) The provisions of this Chapter 170 permitting operation of professional offices and residence-based businesses in residence zones shall not apply in the R-5M District.

(4) Every affordable residential unit shall be accessible or adaptable in conformance with applicable law and regulations.

(5) The building shall include on each floor, all separate from individual dwelling units and access hallways and as specifically reviewed and approved by the Planning Board, one or more trash chutes in enclosed areas and/or one or more other enclosed areas for temporary storage of waste and recyclable materials prior to being conveyed to the outside garbage and recycling storage and pickup structure(s) by property janitorial and/or maintenance workers.

C. Permitted accessory uses.

(1) Residential management office, lobby, mail, recreational and other amenity spaces customarily associated with multifamily buildings of similar size and style and mechanical spaces for the building, as well as outdoor amenities as approved by the Planning Board.

(2) Parking, as required by § 170-104.8E(4).

(3) Emergency generator.

(4) Site identification sign in accordance with the following standards;

(a) Maximum sign area of 48 square feet.

(b) Maximum height not to exceed eight feet.

(c) Minimum setback to Eisenhower Parkway: two feet.

(d) Any illumination shall be limited to either indirect lighting or diffused lighting, and the source of any lighting shall be shielded in such a manner as to not be visible from the abutting street or any adjoining residential property.

D. Prohibited uses. Any use other than those permitted in § 170-104.8B and C above is prohibited.

E. Development standards.

(1) Height of building. Not more than 60 feet, measured from the average finished grade at the principal corners of the building. However, measurement shall not be taken from mounding, terracing or any devices or means designed or employed to allow increased building height.

(2) Building setbacks:

(a) From Eisenhower Parkway: 100 feet.

(b) From single-family zoned lots: 60 feet.

(c) Side yard: 50 feet.

(3) Projections permitted into the required setbacks: Floors above the parking level are permitted to have extensions of up to two feet into required setbacks in order to achieve architectural relief, and balconies, bay windows and mechanical enclosures are permitted to extend up to five feet into required setbacks.

(4) Parking:

(a) Parking shall be based upon the Residential Site Improvement Standards and § 170-94.

(b) Off-street surface parking may be located in the front yard, provided it is set back a minimum of 100 feet from the Eisenhower Parkway right-of-way line.

(c) No off-street parking area shall be closer than 60 feet to an adjacent lot zoned for residential use.

(d) Tandem parking may be provided when both spaces of the pair of spaces are assigned to the same residential unit.

(e) Not less than 5% of the parking spaces shall be equipped with electric vehicle charging stations. At least one such station shall be at or immediately adjacent to an accessible parking space.

(5) Minimum lot area: six acres fronting on Eisenhower Parkway, including any acreage required to be dedicated to Essex County.

(6) Maximum building coverage: 25%.

(7) Maximum impervious coverage: 60%.

(8) Maximum number of residential units: 71.

(9) Elevator: The building shall be elevator-served.

(10) Design standards.

(a) Architectural treatment. The building facades shall consist of any combination of brick, finished masonry, stone, Hardie^® Plank or similar material, wood, and vinyl approved by the Planning Board. Stucco shall not be permitted.

(b) Landscaping and buffering.

[1] No trees shall be removed other than pursuant to a tree removal permit. Existing vegetation shall be preserved to the maximum extent practical, and replaced and supplemented with plantings and other landscaping materials approved by the Planning Board.

[2] There shall be enhanced landscaping to provide a visual screen at property boundaries. This enhanced landscaping shall include a double row of evergreen species that retain their lower branches into maturity, with an initial planting height of six feet to eight feet.

(c) Mechanical equipment. All rooftop equipment shall be completely screened.

§ 170-104.9 R-5N Residence Overlay District

[Added 9-27-2021 by Ord. No. 31-2021]

A. Purpose. The purpose of the R-5N Residence Overlay District is to permit inclusionary multifamily residential use of not more than 45 units, including a 20% set-aside of affordable units as required by § 170-104.9C.

B. Permitted principal uses and densities. Property in the R-5N District may be developed for inclusionary multifamily residential use at a maximum gross density of 12.2 units per acre.

C. Affordable housing units.

(1) Twenty percent, nine residential units out of the total, shall be units affordable to low- and moderate-income households, and the units shall be deed-restricted for 30 years pursuant to requirements of N.J.A.C. 5:80-26.1 et seq. ("UHAC"), as amended or superseded by other requirements of state law and regulations. A minimum of 50% of the affordable units shall be affordable to low-income households, including 13% of the total affordable units that shall be affordable to very-low-income households.

(2) The balance of the required affordable units shall be affordable to moderate-income households. The development shall comply with the requirements of N.J.A.C. 5:97-3.14 or similar regulations regarding accessible and adaptable affordable units.

(3) Township Code §§ 170-126 to 170-128 shall apply, provided that if those provisions of the Township Code impose more stringent requirements than the UHAC regulations, then the UHAC regulations shall apply.

D. Principal buildings. Only one principal building shall be permitted.

(1) The principal building shall contain residential units. The provisions of this Chapter 170 permitting operation of professional offices and residential-based businesses in residence zones shall not apply in the R-5N District.

(2) Every affordable residential unit shall be accessible or adaptable in conformance with applicable law and regulations.

(3) The building shall be served by one or more elevators for the use of residents and visitors.

(4) The building may include one additional residential unit restricted to occupancy by an individual (and members of such individual's household, if any) responsible for building maintenance/operations.

(5) The building shall include on each floor, all separate from individual dwelling units and access hallways and as specifically reviewed and approved by the Planning Board, one or more trash chutes in enclosed areas and/or one or more other enclosed areas for temporary storage of waste and recyclable materials prior to being conveyed to the outside garbage and recycling storage and pickup structure(s) by property janitorial and/or maintenance workers.

(6) The principal building entrance and lobby shall be oriented toward Old Mount Pleasant Avenue.

E. Permitted accessory buildings, structures and uses. The following accessory buildings, structures and uses are permitted in the R-5N District when developed for multifamily residential use:

(1) Facilities within the principal building for operation of the development and/or use by residents that are commonly found in multifamily residential developments, such as, but not limited to, leasing and management offices, a health fitness and recreation facility, a common area for use of the residents of the development and their guests, storage space for residents, bicycle storage, a machine room or rooms, concierge service, a business center and such amenities customarily provided in a multifamily building of this size and type.

(2) Off-street parking in accordance with §§ 170-94 and 170-104.9F(10).

(3) Signs in accordance with § 170-104.9F(11).

(4) An outdoor swimming pool and patio area that may include other compatible recreational activities for the use of residents and guests of the development.

(5) Utility structures serving the development, including but not limited to a sanitary sewer pump station, cable television and telephone boxes, manholes, fire hydrants, electrical transformers, an emergency generator, and other utilities that are customary to a residential development of this size and type.

(6) A one-story maintenance building, as approved by the Planning Board, for snowplowing and other maintenance equipment customarily required for a residential development of this size and type, as well as for temporary storage of waste and recyclable materials for pickup. Such waste and recyclable materials shall be brought to the maintenance building by janitorial and/or maintenance workers and shall not be stored elsewhere on the property.

(7) An outdoor dog run and play area.

F. Required zoning standards. The following zoning standards shall apply to development in the R-5N District:

(1) Minimum tract area: 3.60 acres fronting on Old Mount Pleasant Avenue.

(2) Vehicular access and egress shall be at the Old Mount Pleasant Avenue frontage.

(3) Minimum principal building setbacks:

(a) From Old Mount Pleasant Avenue right-of-way line: 100 feet.

(b) From property side lines: 50 feet.

(c) From rear lot line: 50 feet.

(4) Balconies, bay windows, roof overhangs, chimneys and similar appurtenances may extend not more than two feet into a required setback.

(5) Any swimming pool or recreational area shall be located not less than 50 feet from any lot line and shall not be in the front yard.

(6) Parking spaces shall be set back:

(a) From the principal building: a minimum of 15 feet.

(b) From the front street right-of-way line: a minimum of 70 feet.

(c) From any other property line: a minimum of 10 feet.

(7) Maximum building heights:

(a) Principal building: three stories or 42 feet, determined as the average of vertical distance, measured at a minimum of four corners of the building, to the highest point of the building from original lot grade.

(b) A maintenance/storage building permitted by § 170-104.9E(6): 16 feet.

(c) Any other permitted accessory structure: 12 feet.

(8) Maximum building coverage: 20%.

(9) Maximum impervious coverage: 50%.

(10) Off-street parking:

(a) Off-street parking shall be provided in accordance with § 170-94.

(b) The minimum number of residential parking spaces shall be as required under the Residential Site Improvement Standards (N.J.A.C. 5:21-4.14).

(c) Accessible parking spaces shall be provided in accordance with the New Jersey State Uniform Construction Code Barrier Free Subcode (N.J.A.C. 5:23-7.9).

(d) Not less than 5% of the parking spaces shall be equipped with electric charging stations. At least one such station shall be immediately adjacent to an accessible parking space.

(11) Sign regulations.

(a) Entrance ground sign:

[1] One entrance ground sign providing the street number and/or community name may be installed at the primary entrance to the development with a minimum setback of the greater of 20 feet from the front street right-of-way line or seven feet from the front sidewalk. It shall have a maximum overall size of 30 square feet, and a maximum height, including any base, of five feet. It shall not interfere with required sight triangles.

[2] On-site directional and traffic control signs: permitted as approved by the Planning Board as part of site plan approval. Additional on-site condition of use signage may be added to the off-street parking subsequently as approved by the Township Construction Official pursuant to § 170-94.

(12) Design standards. The following design standards shall apply to development in the R-5N District.

(a) Architectural treatment.

[1] The principal building facades shall consist of any combination of brick, finished masonry, stone, Hardie^® Plank or similar material, wood, and vinyl approved by the Planning Board. Stucco shall not be permitted.

[2] Any accessory building facade shall include the same materials and shall be of a color scheme and design the same as the principal building.

(b) Landscaping and buffering.

[1] No trees shall be removed other than pursuant to a tree removal permit. Existing vegetation shall be preserved where possible, and replaced and supplemented with plantings and other landscaping materials approved by the Planning Board.

[2] There shall be enhanced landscaping to provide a visual screen at property boundaries. This enhanced landscaping shall include a double row of evergreen species that retain their lower branches into maturity, with an initial planting height of six feet to eight feet.

(c) Mechanical equipment. Rooftop and ground-mounted mechanical equipment shall be completely screened.

§ 170-104.10 R-5P Residence Overlay District.

[Added 8-9-2021 by Ord. No. 12-2021]

A. Purpose. The purpose of the R-5P Residence Overlay District is to permit inclusionary development of either two single-family homes or one two-family residence while providing not less than two units affordable to very-low-income, low-income, and moderate-income households.

B. Primary intended uses and densities: principal buildings. Property in the R-5P Residence District may be developed only with two single-family houses or one two-family building.

C. Permitted accessory uses: accessory uses customarily incident to residential use in the R-3 Residence District as regulated in § 170-96A.

D. Affordable housing units: Any development shall have not more than two dwelling units, each of which shall be affordable to very-low-income, low-income, and moderate-income households. The bedroom mix of all affordable units shall meet requirements established in N.J.A.C. 5:80-26.3. All affordable units shall be on-site.

E. Prohibited uses. Any use other than those permitted in § 170-104.10B or C above is prohibited.

F. Required zoning standards. The following zoning standards shall apply to development in the R-5P Residence District:

(1) Height of buildings. No building shall exceed a maximum height of 35 feet.

(2) Front yard. There shall be a front yard of not less than 40 feet.

(3) Side yards. There shall be two side yards, neither of which shall be less than 10 feet in width; provided, however, that the aggregate width of the two side yards shall equal at least 30% of the lot width at the building line.

(4) Rear yard. There shall be a rear yard of at least 40 feet, except that an attached sun deck or patio may extend into such required rear yard for a distance of 10 feet; provided, however, that:

(a) The floor area of such attached sun deck or patio within such required rear yard area does not exceed 200 square feet.

(b) The height of such attached sun deck or patio does not exceed three feet above the lowest ground elevation immediately surrounding the same.

(c) The height of any protective railing or wall around such attached sun deck or patio does not exceed 42 inches measured from the floor thereof.

(5) Minimum tract area: 2.5 acres.

(6) Maximum building coverage ratio. No development shall exceed the maximum building coverage ratio calculated in accordance with § 170-87V.

(7) Habitable floor area and habitable floor area ratio. No building shall exceed the habitable floor area maximum permitted within the R-3 Zone according to the schedule in § 170-87BB or the habitable floor area ratio within the R-3 Zone established in the schedule in § 170-87CC.

§ 170-104.11 R-5O Residence Overlay District.

[Added 6-21-2021 by Ord. No. 10-2021]

A. Purpose. The purpose of the R-5O Residence Overlay District is to permit inclusionary residential development with a 20% set-aside of affordable units on parcels of not less than 1.00 acre.

B. Permitted principal uses on a parcel: townhouses, or a mix of townhouses and apartments, within structures. In a structure containing both townhouses and apartments, the apartments shall be in stacks of three units each and shall be affordable family rental units. There shall be a total five structures.

C. Required conditions:

(1) Maximum height of building: 40 feet.

(2) Building setbacks:

(a) From South Livingston Avenue right-of-way line: 30 feet.

(b) From parcel boundary with any lot within the R-5O District: 17 feet.

Balconies, bay windows, chimneys and similar appurtenances may extend not more than two feet into a required setback.

(3) Maximum building coverage: 35%.

(4) Maximum impervious coverage: 85%.

(5) With exception of a driveway and pedestrian access to the residences, a parcel's entire area from the South Livingston Avenue sidewalk to a depth of not less than 30 feet shall be landscaped as approved by the Planning Board and shall be open to the public; however, such space shall not be deemed to be a public forum.

(6) Parking:

(a) Parking shall be in compliance with the Residential Site Improvement Standards, § 170-94 of this chapter and applicable state rules regarding affordable housing.

(b) Each townhouse shall contain not less than one garage space.

(7) On each parcel, the maximum residential gross density per acre shall be 18 units.

D. Affordable housing units.

(1) Twenty percent, six residential units out of the total, shall be units affordable to low- and moderate-income households, and the units shall be deed-restricted for 30 years pursuant to requirements of N.J.A.C. 5:80-26.1 et seq. ("UHAC"), as amended or superseded by other requirements of state law and regulations. A minimum of 50% of the affordable units shall be affordable to low-income households, including 13% of the total affordable units that shall be affordable to very-low-income households.

(2) The balance of the required affordable units shall be affordable to moderate-income households. The development shall comply with the requirements of N.J.A.C. 5:97-3.14 or similar regulations regarding accessible and adaptable affordable units.

(3) Township Code §§ 170-126 to 170-128 shall apply, provided that if those provisions of the Township Code impose more stringent requirements than the UHAC regulations, then the UHAC regulations shall apply.

§ 170-104.12 MU-2 Mixed-Use Overlay District.

[Added 7-12-2021 by Ord. No. 16-2021]

A. Purpose. The purpose of the MU-2 Mixed Use Overlay District is to permit the provision of mixed-use inclusionary development, as required by § 170-104.12B, with an affordable set-aside of not less than 10 of the residential units.

B. Permitted in the District is one elevator-served mixed-use multifamily building with both 50 inclusionary residential units and nonresidential uses, with the nonresidential uses on the ground floor.

(1) The provisions of this Chapter 170 permitting operation of professional offices and residence-based businesses in residence zones shall not apply to the residential units.

(2) No residential unit shall have more than two bedrooms, except for three-bedroom low- and moderate-income units as required pursuant to N.J.A.C. 5:80-26.1 et seq., as amended or as superseded by other requirements of state law or regulations.

(3) No less than 20% of the residential units shall be deed restricted as units available to low- and moderate-income households for a period of 30 years pursuant to N.J.A.C. 5:80-26.1 et seq.

(4) The building shall include on each residential floor, all separate from individual dwelling units and access hallways and as specifically reviewed and approved by the Planning Board, one or more trash chutes in enclosed areas and/or one or more other enclosed areas for temporary storage of waste and recyclable materials prior to being conveyed to the outside garbage and recycling storage and pickup structure or area by property janitorial and/or maintenance workers.

(5) The building shall include on the ground floor a residential use lobby, amenity spaces, mail, and mechanical/storage spaces for the building, plus not to exceed 4,000 square feet of retail sales or service uses permitted in the B Central Business District.

(6) The building shall be oriented toward West Mount Pleasant Avenue.

(7) The building may include an additional residential unit restricted to occupancy by an individual (and members of such individual's household, if any) responsible for building maintenance/operations. Such unit shall not count against the density maximum in § 170-104.12F(7).

C. Permitted accessory structures and uses. The following accessory structures and uses are permitted in the MU-2 District:

(1) Facilities within the building for operation of the development and/or use by residents that are commonly found in multifamily residential developments, such as, but not limited to, leasing and management offices, a health, fitness and recreational facility, a common area for use of the residents of the development and their guests, storage space for residents, a machine room or rooms, concierge service, a business center and such other amenities customarily provided in multifamily housing of this size and type.

(2) A green roof with or without recreational elements.

(3) Utility structures serving the development, including but not limited to a sanitary sewer pump station, cable television and telephone boxes, manholes, fire hydrants, electrical transformers, an emergency generator, and other utilities that are customary to a mixed use multifamily development of this size and type.

(4) A structure or outdoor storage area for garbage and recycling storage and pickup.

D. Affordable housing units.

(1) A minimum of 50% of the affordable units shall be affordable to low-income households, including 13% of the total affordable units that shall be affordable to very-low-income households.

(2) The balance of the required affordable units shall be affordable to moderate-income households. The development shall comply with the requirements of N.J.A.C. 5:97-3.14 or similar regulations regarding accessible and adaptable affordable units.

(3) Township Code §§ 170-126 to 170-128 shall apply; provided that if those provisions of the Township Code impose more stringent requirements than the state regulations, then the state regulations shall apply.

E. Parking. As required by § 170-104.12G(8) and the Residential Site Improvement Standards (N.J.A.C. 5:21-4.14).

F. Prohibited uses. Any use other than those permitted in § 170-104.12B above is prohibited.

G. Required zoning standards. The following zoning standards shall apply to development in the MU-2 District:

(1) Minimum tract area: 3.88 acres fronting on West Mount Pleasant Avenue.

(2) Minimum principal building setbacks:

(a) From the West Mount Pleasant Avenue right-of-way line: 100 feet.

(b) From the easterly property line: 30 feet.

(c) From the westerly property line: 30 feet.

(d) From the rear property line: 75 feet.

(e) Balconies, bay windows, roof overhangs, chimneys and similar appurtenances may extend not more than two feet into a required setback.

(3) Parking spaces are prohibited in the front yard and shall be set back:

(a) From the principal building: a minimum of five feet.

(b) Side and rear yard parking areas shall be set back a minimum of 10 feet from a property line.

(4) Maximum building height: the lesser of 35 feet or three stories.

(5) Maximum building coverage: 30%.

(6) Maximum impervious coverage: 70%.

(7) Maximum residential gross density: 12.9 DU/acre.

(8) Off-street parking;

(a) Off-street parking shall be provided in accordance with § 170-94.

(b) The minimum number of residential parking spaces shall be as required under the Residential Site Improvement Standards (N.J.A.C. 5:21-4.14).

(c) Accessible parking spaces shall be provided in accordance with the New Jersey State Uniform Construction Code Barrier Free Subcode (N.J.A.C. 5:23-7.9).

(d) Not less than 5% of the parking spaces shall be equipped with electric vehicle charging stations. At least one such station shall be immediately adjacent to an accessible parking space.

(e) All driveways shall be located no closer than 15 feet to any side or rear property line or 150 feet from any intersection.

(9) Sign regulations.

(a) Entrance ground sign:

[1] One entrance ground sign providing the street number and/or the community name may be installed, set back not less than the greater of 20 feet from the front street right-of-way-line or 20 feet from the sidewalk. It shall have a maximum overall size of 20 square feet, and maximum height, including any base, of four feet.

[2] Any illumination of the entrance ground sign shall be limited to either indirect lighting or diffused lighting, and the source of any lighting shall be shielded in such a manner as to not be visible from the abutting street.

(b) On-site directional and traffic control signs: permitted as approved by the Planning Board as part of site plan approval. Additional on-site condition of use signage may be added to the off-street parking subsequently as approved by the Township Construction Official pursuant to § 170-94.

(10) Design standards. The following design standards shall apply to development in the MU-2 District:

(a) Architectural treatment.

[1] The principal building facades shall consist of any combination of brick, finished masonry, stone, Hardie^® Plank or similar material, wood, and vinyl approved by the Planning Board. Stucco shall not be permitted.

[2] Variation in the mass of the building is encouraged. This may be achieved by using various architectural strategies that may include setbacks, voids in the building facade, or varied building material to reduce the effect of the massing in all or some of the facades of the building.

[3] Side and rear yard elevations should receive architectural treatments comparable to the front facade.

[4] Building upper floors may be coordinated with the ground floor through the usage of common themes, materials, and colors to create an aesthetically pleasing facade.

[5] The structure or area for garbage and recycling storage shall include materials, color and design of the principal building.

(b) Landscaping and buffering. No trees shall be removed other than pursuant to a tree removal permit. Existing vegetation shall be preserved where possible, and replaced and supplemented with plantings and other landscaping materials approved by the Planning Board.

(c) Mechanical equipment. There shall be no ground-mounted mechanical equipment, and any rooftop mechanical equipment shall be completely screened.

(11) Optional additional features: solar-powered outdoor lighting, bike racks or a bike storage room, all residential unit appliances ENERGY STAR^® rated, all-electric kitchens, water-efficient plumbing fixtures, rain gardens.

§ 170-104.13 R-5Q Residence Overlay District.

[Added 9-27-2021 by Ord. No. 33-2021; amended 10-16-2023 by Ord. No. 29-2023]

A. Purpose. The purpose of the R-5Q Residence Overlay District is to permit inclusionary multifamily residential development of not more than 222 units, except as set forth in Subsection D(4); including a 20% set-aside of affordable units as required by Subsection C. Except as required for affordable units, no more than 10% of the market rate units shall have three bedrooms, and no more than 50% of the two bedrooms market rate units shall have dens.

B. Permitted principal uses and densities. Property in the R-5Q District may be developed for inclusionary multi-family residential use at a maximum of 222 units.

C. Affordable housing units.

(1) Twenty percent of the total number of residential units shall be units affordable to low- and moderate-income households, and these units shall be deed-restricted pursuant to requirements of N.J.A.C. 5:80-26.1, et seq., ("UHAC") as amended or superseded by other requirements of state law and regulations. A minimum of 50% of the affordable units shall be affordable to low-income households, including 13% of the total affordable units that shall be affordable to very-low income households.

(2) The balance of the required affordable units shall be affordable to moderate income households. The development shall comply with the requirements of N.J.A.C. 5:97-3.14 or similar regulations regarding accessible and adaptable affordable units.

(3) Township Code §§ 170-126 to 170-128 shall apply; provided that if those provisions of the Township Code impose more stringent requirements than the UHAC regulations, then the UHAC regulations shall apply.

D. Principal building. Only one principal building shall be permitted.

(1) The principal building shall contain residential units, which may include dens and lofts so long as they are not utilized for sleeping accommodations. The provisions of this Chapter 170 permitting operation of professional offices and residence-based businesses in residence zones shall not apply in the R-5Q District. Except that work from home space within the units is permitted as well as co-working space in the common area.

(2) The building shall be served by one or more elevators for the use of residents and visitors.

(3) One additional residential unit may be provided and restricted to occupancy by an individual (and members of such individual's household, if any) responsible for building maintenance/operations, which unit may be included towards the 20% set aside obligations of this ordinance § 170- 104.13(C), provided such tenant satisfies those statutory requirements of UHAC.

(4) The building shall include on each floor, all separate from individual dwelling units and access hallways and as specifically reviewed and approved by the Planning Board, one or more trash chutes in enclosed areas and/or one or more other enclosed areas for temporary storage of waste and recyclable materials prior to being conveyed to the maintenance building garbage and recycling storage and pick-up facility by property janitorial and/or maintenance workers.

(5) The principal building entrance and lobby shall be oriented toward South Orange Avenue or on the westerly facade, as approved by the Planning Board.

E. Permitted accessory buildings, structures and uses. The following accessory buildings, structures and uses are permitted in the R-5Q Residence District when developed for multi-family residential use:

(1) Facilities within the principal building for operation of the development and/or use by residents that are commonly found in multi-family residential developments; such as, but not limited to, leasing and management offices, health, fitness and recreational facilities, a common area for use of the residents of the development and their guests, storage space for residents, a machine room or rooms, bicycle storage, concierge service, a business center and such other amenities customarily provided in a multi-family building of this size and type.

(2) Off-street parking in accordance with § 170-94 and § 170-104.13F(10).

(3) Signs in accordance with § 170-104.13F(11).

(4) An outdoor swimming pool and patio area and compatible recreational activities for the use of residents and guests of the development. Such a pool may be located in a side or rear yard, in a center courtyard, on the roof of the building or atop its parking level; as may be gardens.

(5) Utility structures serving the development, including, but not limited to, a sanitary sewer pump station, cable television and telephone boxes, manholes, fire hydrants, electrical transformers, an emergency generator, and other utilities that are customary to a residential development of this size and type.

(6) A one-story maintenance building for storage of property maintenance equipment and materials customarily required for a development of this size and type; as well as for temporary storage of waste and recyclable materials for pickup. Such waste and recyclable materials shall be brought from the principal building to the maintenance building or trash enclosure by property janitorial and/or maintenance workers and shall not be stored elsewhere on the property.

(7) Outdoor garbage and recycling enclosure.

(8) An outdoor dog run and play area.

F. Required zoning standards. The following zoning standards shall apply to development in the R-5Q District:

(1) Minimum tract area: 9.0 acres fronting on South Orange Avenue, including any acreage required to be dedicated to Essex County.

(2) Vehicular access and egress shall be at the South Orange Avenue frontage.

(3) Minimum principal building setbacks:

(a) From the South Orange Avenue right-of-way line: 100 feet.

(b) From the easterly property line: 50 feet.

(c) From the westerly property line: 45 feet.

(d) Rear yard: 70 feet.

(e) Bay windows, roof overhangs, chimneys and similar appurtenances (in order to achieve architectural relief) may extend not more than two feet into a required setback; however, balconies may extend up to five feet.

(4) Minimum maintenance building setbacks:

(a) From South Orange Avenue right-of-way line: 150 feet.

(b) From other property lines: 30 feet.

(5) Any swimming pool or other recreational area not on a roof shall not be located closer than:

(a) One hundred fifty feet from the South Orange Avenue right-of-way line.

(b) Thirty feet from rear or side lot lines.

(6) Parking spaces shall be:

(a) Set back from the principal building: a minimum of five feet.

(b) Set back from South Orange Avenue right-of-way line: a minimum of 25 feet.

(7) Maximum building heights:

(a) Principal building four stories over parking and not to exceed 65 feet, measured from the front entrance facing the street to the highest point of the roof; height exceptions shall be as outlined in § 170-87-S(3).

(b) A maintenance building permitted by § 170-104.13E(6): 25 feet.

(8) Maximum building coverage: 45%.

(9) Maximum impervious coverage: 65%.

(10) Off-street parking:

(a) Off-street parking shall be provided in accordance with § 170-94.

(b) The minimum number of spaces shall be as required under the Residential Site Improvement Standards (N.J.A.C. 5:21-4.14), including any credits allowed for EV charging stations.

(c) Accessible parking spaces shall be provided not less than in accordance with the New Jersey State Uniform Construction Code Barrier Free Subcode (N.J.A.C. 5:23-7.9).[1]

[1] Editor's Note: N.J.A.C. 5:23-7:9 was repealed by R.2015, d.139, effective September 21, 2015.

(d) Tandem parking spaces may be provided within the principal building when both spaces in a pair are reserved and assigned vehicles of the same residential unit.

(e) Not less than 5% of the parking spaces shall be equipped with electric vehicle supply stations (and not less than 15% of the parking spaces shall be Make-Ready equipped). At least one supply station shall be immediately adjacent to an accessible parking space. Increases in supply stations shall be provided in no less numbers than required by state law and regulations.

(11) Sign regulations.

(a) Entrance ground sign:

[1] One entrance ground sign (double-faced) providing the street number and/or the community name may be installed at the South Orange Avenue entrance with a minimum set back of the greater of five feet from the front street right-of-way-line or five feet from the sidewalk. It shall have a maximum overall size of 48 square feet per face, which shall not include base and architectural frame and a maximum height, including any base, of eight feet.

[2] Any illumination of the entrance ground sign shall be limited to either indirect lighting, ground mount or diffused lighting, and the source of any lighting shall be shielded in such a manner as to not be visible from the abutting street or any adjoining residential property.

(b) On-site directional and traffic control signs. Permitted as approved by the Planning Board as part of site plan approval. Additional on-site signage may be added to the off-street parking as approved by the Township Construction Official pursuant to § 170-94.

(c) Wall signs. One illuminated building mounted wall sign where letter height shall not exceed 36 inches or a total of 60 square feet.

(d) Canopy signs. One illuminated canopy mounted sign is permitted atop the entrance. The letter height shall not exceed 36 inches and the sign shall not exceed a total of 60 square feet.

(12) Design standards. The following design standards shall apply to development in the R-5Q District:

(a) Architectural treatment.

[1] The principal building facades shall consist of any combination of brick, finished masonry, stone, Hardi Plank or similar material, wood, and vinyl approved by the Planning Board. Stucco shall not be permitted.

[2] Any accessory building facade shall include the same materials and shall be of a color scheme and design consistent with the principal building.

(b) Landscaping and buffering. No trees shall be removed other than pursuant to a tree removal permit. Existing vegetation shall be preserved where possible, and replaced and supplemented with plantings and other landscaping materials approved by the Planning Board.

(c) Mechanical equipment. Rooftop and ground-mounted mechanical equipment shall all be completely screened except for the southerly side.

(d) Sustainability. The building shall incorporate green building features and shall be designed to a standard similar to New Jersey Energy Star®, incorporating features such as: low flow water saving fixtures, enhanced building envelope insulation and sealing, double- pane windows, energy efficient appliances, LED lighting, energy saving thermostats, EV charging stations, and enhanced air quality in common spaces. Materials present on site, such as concrete and asphalt, may be recycled and re-used during construction in place of mined aggregates.

§ 170-104.14 R-5R Residence Overlay District.

[Added 9-27-2021 by Ord. No. 32-2021]

A. Purpose. The purpose of the R-5R Residence Overlay District is to permit development of not less nor more than 20 residential structures, of which 19 shall each consist of two duplex residences and one structure shall be a single-family residence. Not less than eight of the residential units shall be affordable to very-low-income, low-income and moderate-income households.

B. Primary intended uses and densities. Property in the R-5R District may be developed only for duplex and single-family residential uses with a maximum net density of six residential units per acre.

C. Affordable housing units.

(1) Of the eight affordable residential units, a minimum of 50% shall be affordable to low-income households, including 13% of the total affordable residential units that shall be affordable to very-low-income households. The balance of the affordable residential units shall be affordable to moderate-income households.

(2) The affordable housing residential units shall be deed-restricted for 30 years pursuant to requirements of N.J.A.C. 5:80-26.1 et seq. (UHAC), as amended or superseded by other state law or regulations.

(3) Township Code §§ 170-126 to 170-128 shall apply, provided that if those provisions of the Township Code impose more stringent requirements than the UHAC regulations, then the UHAC regulations shall apply.

D. Prohibited uses or structures: any use or structure not authorized or permitted by § 170-104.14 or § 170-96A.

E. Required zoning standards. The following zoning standards shall apply to development in the R-5R District:

(1) Height of buildings. No building shall exceed a maximum height of 35 feet.

(2) Front yard. There shall be a front yard of not less than 25 feet.

(3) Side yards.

(a) A residence in a duplex structure shall have one side yard of not less than 15 feet.

(b) A single-family building shall have two side yards, neither of which shall be less than 10 feet in width; provided, however, that the aggregate width of the two side yards shall equal at least 30% of the lot width at the building line.

(4) Rear yard. There shall be a rear yard of at least 40 feet, except that an attached sun deck or patio may extend into such required rear yard for a distance of 10 feet; provided, however, that:

(a) The floor area of such attached sun deck or patio within such required rear yard area does not exceed 200 square feet.

(b) The height of such attached sun deck or patio does not exceed three feet above the lowest ground elevation immediately surrounding the same.

(c) The height of any protective railing or wall around such attached sun deck or patio does not exceed 42 inches measured from the floor thereof.

(5) Minimum tract area: 10 acres.

(6) Minimum individual lot size:

(a) For a single-family building: 4,500 square feet.

(b) For a duplex structure: 9,000 square feet.

(7) Maximum building coverage ratio. No development shall exceed the maximum building coverage ratio calculated in accordance with § 170-87V.

(8) Habitable floor area and habitable floor area ratio. No building shall exceed the habitable floor area maximum permitted within the R-4 Zone according to the schedule in § 170-87BB or the habitable floor area ratio within the R-4 Zone established in the schedule in § 170-87CC.

(9) A homeowners' association shall be created with responsibilities that include ownership and maintenance and repair responsibilities of any common open space and recreation areas and any stormwater management facilities in the R-5R District.

(10) There shall be a provision for common open space or recreation areas within the development. A minimum of 20% of the total area shall be common open space or recreation areas in the development.

§ 170-104.15 R-5S Residence Overlay District.

[Added 2-26-2024 by Ord. No. 3-2024]

A. Purpose and permitted principal uses: to permit the development of Block 100 Lots 15 and 16 under an overlay district with a maximum of 160 residential units to be owned or leased for a multifamily residential use, provided that such development includes 20% of the total units set aside as units affordable to low- and moderate-income households and deed restricted developed and administered in accordance with the Township's affordable housing regulations set forth in Article XIV of Chapter 170 of the Township Code (§§ 170-125 through 170-128).

B. Permitted accessory uses:

(1) An indoor or outdoor clubhouse and recreational facility ("clubhouse"). The clubhouse may include amenities that are necessary for operation of the development or are commonly found in such multifamily residential developments, such as, but not limited to, leasing and management offices, a health and recreational facility, a common area for use of the residents and their guests, storage rooms, concierge service, a business center and such other amenities that are customarily contained in the clubhouse of a residential development of this size and nature.

(2) Structures for temporary garbage and recycling storage and pickup, including, but not limited to, dumpsters. Each residential building may include one or more trash chutes in enclosed areas of the building, all separate from individual dwelling units and access hallways, for temporary placement of waste or recycling material before removal by property custodial or maintenance or workers.

(3) A maintenance building for snow removal and other maintenance equipment customarily required for a residential development of this size and scope.

(4) Utility structures serving the development, including but not limited to a sanitary sewer pump station, generators, cable television and telephone boxes, manholes, fire hydrants, electrical transformers, and other utilities that are customary to a residential development of this type.

(5) One of the residential units may be restricted to utilization as living accommodations for an individual (and members of that person's immediate family) while such person is employed to perform custodial or maintenance services for the development, which unit, if so used, shall be exempt from the age restriction.

(6) An outdoor swimming pool, patio area, and rooftop deck which may include other customary recreational amenities, for the use of the residents and guests of the development. Ground-level amenities may be screened from West Mt. Pleasant Avenue using a fence or wall with a maximum height of six feet.

(7) Off-street parking in accordance with the standards set forth below, including a structured parking deck not exceeding four levels, with parking permitted on the top level of the deck.

(8) Signs and signage in accordance with the standards set forth below.

C. Required zoning standards. The following zoning standards shall apply in the R-5S District:

(1) Minimum tract area: five acres.

(2) Minimum building setbacks:

(a) From West Mt. Pleasant Avenue right-of-way line: 50 feet, except that building facades fronting on and within 100 feet of West Mt. Pleasant Avenue are required to step back a minimum of 10 feet from the building edge at the fourth floor.

(b) From Microlab Road and Daven Avenue right-of-way lines: 20 feet.

(c) Side and rear yard setbacks from property line: 15 feet.

(3) Balconies, bay windows, roof overhangs, chimneys and similar appurtenances may extend not more than four feet into a required setback.

(4) Building heights.

(a) Measurement. Building height shall be measured from either finished first floor containing dwelling units to the highest point of a flat roof or to the midpoint of a sloping roof. Finished loft space built into the attic shall not be counted as a story. Parking structure height shall be measured from the finished first-floor parking level to the finished floor of the top parking level.

(b) Maximum number of stories or parking levels: four.

(c) Maximum building or parking structure height: 50 feet.

(d) Height exceptions.

[1] Parapets and screening may extend five feet above the permitted building height. Appurtenances, such as mechanical equipment, and similar ancillary and customary structures may extend 10 feet above the permitted building height.

[2] Ingress and egress structures, not exceeding the minimum number required by the applicable fire code, such as elevator penthouses and stair towers associated with providing access to a rooftop amenity may extend up to 18 feet above the permitted building height, provided that such structures are set back a minimum of 10 feet from any building facade wall facing a public roadway, excluding any interior facade wall or courtyard, and further provided that the area of any such structure shall not exceed 2,500 square feet.

[3] Accessory structures associated with a rooftop amenity such as pergolas, gazebos, lighting, and similar structures may extend up to 12 feet above the permitted building height, provided that such structures are set back a minimum of 10 feet from any building facade wall facing a public roadway, excluding any interior facade wall or courtyard, and further provided that the total area of all such structures shall not exceed 4,000 square feet or 10% of the roof area, whichever is greater.

(5) Maximum accessory building height shall be measured from either the highest point of a flat roof or to the finished first floor to midpoint of a pitched roof.

(a) Clubhouse: 30 feet if it is a detached freestanding clubhouse.

(b) Maintenance building: 20 feet.

(c) Any other accessory structure: 15 feet.

(6) Minimum setbacks for accessory building:

(a) Twenty feet from any other building, excluding parking garages.

(b) Ten feet from any internal roadway or parking area.

(7) Maximum building coverage: 40%.

(8) Maximum impervious coverage: 80%.

(9) Maximum number of dwelling units: 160.

(10) Bedroom mix. The unit mix for market rate units shall consist of one-bedroom, studio, and two-bedroom layouts. The unit mix for market rate units shall consist of a minimum of 40% one-bedroom and studio. Up to 45% of each bedroom configuration shall be permitted to contain dens. Dens shall not be permitted to be utilized as sleeping accommodations. Dens shall not contain closets and shall be open to the adjacent space. No residential unit shall have more than two bedrooms, except for three-bedroom low- and moderate-income units as required pursuant to N.J.A.C. 5:80-26.1 et seq., as amended or as superseded by other requirements of state law or regulations.

(11) Off-street parking standards.

(a) Off-street parking shall be provided in accordance with the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21, as amended).

(b) Subject to Planning Board approval, a portion of the required parking requirement may be met through a shared parking arrangement for off-premises parking on contiguous property or other property which, in the reasonable discretion of the Planning Board, is deemed adequate after considering such factors as the distance from the property to be served, the convenience and safety of pedestrians, vehicular access, adjacent land uses, etc., and provided that the applicant either owns such off-premises parking area(s) or holds such area(s) under irrevocable lease having a term of at least 50 years. If such area(s) is so used for off-street parking, the requirements herein set forth shall apply, except that the Planning Board may require additional landscaping or buffering.

(c) Accessible parking spaces provided shall be not less than as required by the New Jersey State Uniform Construction Code Barrier Free Subcode (N.J.A.C. 5:23-7.10).

(d) Electric vehicle (EV) parking spaces shall be provided in compliance with New Jersey statutes and regulations, including but not limited to the Mandatory Statewide Electric Vehicle Ordinance.

(e) Surface parking shall be set back a minimum of 10 feet from street right-of-way line or from a property line that does not face a street, and 10 feet from any residential building but excluding the building entrance way.

(12) Sign regulations.

(a) Signage shall be provided in accordance with § 170-90 except as otherwise authorized herein.

(b) Monument signs.

[1] One monument sign may be installed on each roadway frontage, specifically West Mt. Pleasant Avenue and Microlab Road, which signs may indicate the street number and/or development name and such other information as the Planning Board may approve.

[2] Monument signs shall be located at least five feet from the right-of-way line of East Mt. Pleasant Avenue or Force Hill Road as applicable, and shall be located so as not to create a sight distance obstruction.

[3] Each monument sign may be double-sided and shall be no larger than 36 square feet per side. The height of each monument sign shall not exceed five feet and the overall length shall not exceed 12 feet.

[4] Monument signs may be illuminated. Any sign illumination shall be limited to either indirect lighting or diffused lighting, and the source of any lighting shall be shielded in such a manner as to not be visible from the street or any adjoining residential property.

(c) Building or canopy signs. One facade sign not exceeding 20 square feet in area shall be permitted to identify the main entrance to the principal building, as approved by the Planning Board as part of the required site plan approval.

(d) On-site directional and traffic safety signage shall be permitted subject to appropriate limitations as determined by the Planning Board during the required site plan approval process.

(e) Temporary signage. Beginning from the commencement of on-site development activity, two nonilluminated signs advertising the development may be installed on the property. Each such sign shall be subject to a maximum size of 32 square feet, maximum height of six feet, and a minimum setback of 20 feet, and any such sign shall be removed not later than 30 days after the issuance of the certificate of occupancy.

(13) Sustainability. The buildings, to the greatest extent possible, shall incorporate green building features and incorporate features such as: low-flow water saving fixtures, enhanced building envelope insulation and sealing, double-pane windows, energy efficient appliances, LED lighting, energy saving thermostats, EV charging stations, and enhanced air quality in common spaces. Materials present on-site, such as concrete and asphalt, may be recycled and reused in place of mined aggregates during construction.

(14) Phasing. Development of the tract may be done in one or more phases at the discretion of the developer.

§ 170-105 R-6 Senior Citizen Housing District.

[Amended by Ord. No. 26-1987; Ord. No. 34-1989]

A. Primary intended use. The R-6 Zone District is designed for and limited to senior citizen housing as defined in this chapter.

B. Prohibited use. Any use other than senior citizen housing is prohibited.

C. Required conditions. The following requirements must be complied with in the R-6 Senior Citizen Housing District:

(1) Height of building. No building shall exceed a maximum height of 35 feet.

(2) Setbacks. No building or any portion thereof, with the exception of an overhead canopy shall be located closer than:

(a) Thirty feet to the curbline or edge of pavement of any internal roadway, except buildings may be located as close as 15 feet to paved dropoff looped driveways in front of buildings.

(b) Three feet of setback from a zone district boundary line for every one foot of building height, provided that said setback shall never be less than 50 feet.

(c) Three feet of setback from any property line for every one foot of building height, provided that said setback shall never be less than 50 feet.

(d) Ten feet to any parking area.

(3) Buffers. Those setbacks required in § 170-105C(2) above shall be landscaped areas as approved by the Planning Board, and off-street parking is not permitted in these setbacks, except parking is permitted in the setback as required in § 170-105C(2)(a) if said parking is no closer than 10 feet to the curbline or edge of pavement.

(4) Density. The gross density for any development in the R-6 Zone shall not exceed 10 dwelling units per acre. The maximum number of dwelling units permitted for any project shall be determined by multiplying the total area of the tract in acres, exclusive of any abutting public streets, by 10. Any fractional number of units shall be treated as one unit.

(5) Distance between buildings. No building containing a dwelling unit shall be permitted closer to another building containing a dwelling unit than a distance which equals or exceeds 75% of the sum of heights of the two said buildings.

(6) Maximum floor area ratio. The total floor area within all structures on any lot within the R-6 Zone shall not be more than 30% of the total lot area.

(7) Maximum total impervious coverage. The total impervious coverage on any lot within the R-6 Zone shall not be more than 50% of the total lot area.

(8) Landscaping. A landscaping plan shall be submitted and 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 single-family detached residential areas adjacent to the site.

(9) 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 single-family detached residential areas adjacent to the site.

(10) Utilities. Every senior citizen housing development must be connected to the public sanitary sewer and water systems as approved by the Township Engineer.

(11) Streets. All streets within the project shall be at least 26 feet wide constructed and maintained pursuant to specifications prepared by the Township Engineer and subject to approval by the Planning Board. On-street parking is specifically prohibited on any street within the R-6 Zone.

(12) Sidewalks. Sidewalks shall be provided along both sides of the main circulation street within any development which shall meet the provisions as set forth in the Townships Revised Standards and Specifications.

(13) Off-street parking. Provision shall be made for off-street parking throughout any development that shall meet a ratio of not less than 1.25 parking spaces for each dwelling unit. No parking area shall be located closer than:

(a) Twenty-five feet to the curbline or edge of pavement of the main circulation street.

(b) Ten feet to the curbline or edge of pavement of any other internal street or driveway.

(c) Fifty feet to any zone district boundary line.

(14) 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.

(15) Impact statement.

(a) An environmental impact statement shall be prepared and submitted which will include an assessment, supported by engineering data, of the environmental impact of the project upon the following factors:

[1] Vehicular traffic.

[2] Noise.

[3] Storm drainage.

(b) 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:

[1] Estimated peak hourly traffic to be generated by the proposal.

[2] Assignment of estimated peak hourly traffic by percentage and volume to surrounding streets.

(c) If the results of the survey indicate necessary off-tract improvements of existing Township streets, the applicant shall contribute a prorated share of such improvements as determined by the Planning Board.

§ 170-106 AH Adult Housing District.

[Added by Ord. No. 13-1998]

A. Primary intended use. The AH District is designated to permit assisted living facilities and adult housing as defined in § 170-3 and under the required conditions set forth in this § 170-106.

B. Accessory uses.

(1) Medical-care facilities and related facilities for the routine care of residents of an assisted living facility.

(2) Retail sales and services designed primarily for the convenience of residents, invited guests, tenants, employees and visitors, as applicable, of a permitted principal building, but not for the general public. The total floor area for retail sales and services shall not exceed 2% (exclusive of cafeteria/dining) of the total area of a principal building.

C. Prohibited uses. Any use other than those uses permitted above is prohibited, and more particularly none of the following uses shall be permitted:

(1) Retail sales and services, except as permitted above as an accessory use.

(2) Office buildings.

(3) Any use that does not conform to performance standards of § 170-115D of this chapter.

(4) Manufacturing or any use prohibited in I Limited Industrial District.[1]

[1] Editor's Note: See § 170-117, I Limited Industrial District.

D. Site plan approval required. Before a construction or occupancy permit is issued for any structure or use in the AH District, the Planning Board shall review and approve a preliminary and final site plan for the proposed structure or use.

E. Required conditions.

(1) Height of building. No building shall exceed a maximum height of 45 feet, except that any building within 100 feet of a residential lot line may not exceed 35 feet.

(2) No principal building shall be located within 75 feet of any street right-of-way, within 60 feet of the boundary of any single-family residence district or within 50 feet of any other property line.

(3) Parking. Provision shall be made for off-street parking in accordance with the requirements of § 170-94 and as set forth hereinafter. Off-street parking shall be permitted in front, side and rear yards, provided that:

(a) No off-street parking shall be located within 50 feet of the right-of-way line of Eisenhower Parkway.

(b) No off-street parking shall be located within 50 feet of the right-of-way line of Dorsa Avenue.

(c) Where a lot abuts a single-family residence district, no off-street parking shall be permitted within 60 feet of such residence district, and landscaped buffers shall be installed.

(d) No off-street parking area shall be located within 10 feet of any building.

(e) Off-street parking may be located under a principal building or in a parking structure, the height of which shall not exceed 20 feet, regardless of the height of the principal building.

(f) Parking ratio.

[1] Adult housing: 2.0 off-street parking spaces per dwelling unit.

[2] Assisted living facility: 0.5 off-street parking space per unit.

(4) Minimum floor area. Every principal building shall have a minimum ground floor area of 9,000 square feet.

(5) Minimum lot area.

(a) Adult housing: 20 acres.

(b) Assisted living facility: 6 acres.

(6) Maximum number of dwelling units in the zone.

(a) Adult housing: 200 units.

(b) Assisted living facility: 120 units, with no more than two persons per unit.

(7) District boundary line restrictions. No assisted living facility, adult housing or any accessory structure thereto shall be located within 60 feet of the boundary line of any single-family residence zone.

(8) Maximum floor area ratio. The total floor area of all structures on any lot shall not exceed 40% of the gross lot area.

(9) Maximum total impervious coverage. The total impervious coverage on any lot shall not exceed 60% of the gross lot area.

(10) Performance standards. No use of land or building shall be permitted unless it conforms to all performance standards set forth in § 170-115D of this chapter.

(11) Landscaping. A landscaping plan shall be submitted for review and approval by the Planning Board as part of the required site plan approval process. The landscaping plan shall show in detail the location, size and type of all plantings to be used on the site. All parking and service areas shall be screened so that they are shielded from any adjacent single-family residence district.

(12) Lighting. Yard lighting shall be provided during the hours of darkness to provide illumination (at a minimum level of 1/2 footcandle) for the premises and all interior sidewalks, walkways and parking areas. 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 adjacent single-family residence district.

(13) Required permits. In addition to all other required licenses and permits, an applicant for an assisted living facility shall have received, if required, a certificate of need from the State of New Jersey and a license to operate an assisted living facility.

(14) Access. No service road or driveway for any building in the AH Zone shall be permitted in any abutting single-family residence district.

(15) Outdoor storage. All materials and equipment shall be stored in completely enclosed buildings.

§ 170-106.1 RIAO Inclusionary Adult Residential Overlay District.

[Added 5-10-2021 by Ord. No. 6-2021]

A. Purpose. To permit the development of the overlay district with a group of elevator-served buildings, each containing residential units to be owned or leased for an age-restricted multifamily residential use, at a maximum gross density of 16 units per acre, provided that such development includes 20% of the total units set aside as units affordable to low- and moderate-income households and deed restricted. Fifty percent of the affordable units shall be low income with 13% of the total affordable units affordable to very-low-income households. Age restrictions: The head of the household of each residential unit shall be at a minimum age of 55 years of age, and no person under 19 years of age shall reside in such dwelling unit for more than 90 days in any calendar year. However, up to a maximum of 20% of the total units may be occupied by residents under the age of 55 years of age.

[Amended 12-6-2021 by Ord. No. 40-2021]

B. Permitted accessory uses.

(1) A clubhouse and recreational facility ("clubhouse"). The clubhouse may include amenities that are necessary for operation of the development or are commonly found in such residential developments, such as, but not limited to, leasing or sales and management offices, a model unit, a health and recreational facility, a common area for use of the residents and their guests, storage rooms, concierge service, a business center, an outdoor patio area and swimming pool, and such other amenities that are customarily contained in the clubhouse of a residential development of this size and nature.

(2) Structures for temporary garbage and recycling storage and pickup, including but not limited to dumpsters. Each residential building shall include one or more trash chutes in enclosed areas of the building, all separate from individual dwelling units and access hallways, for temporary placement of waste or recycling material before removal by property custodial or maintenance workers.

(3) A maintenance building for snowplowing and other maintenance equipment customarily required for a residential development of this size and scope.

(4) Utility structures serving the development, including but not limited to a sanitary sewer pump station, cable television and telephone boxes, manholes, fire hydrants, electrical transformers, and other utilities that are customary to a residential development of this type.

(5) Up to two residential units may be restricted to utilization as living accommodations for an individual (and members of that person's immediate family) while such person is employed to perform custodial or maintenance services for the development.

C. Required zoning standards. The following zoning standards shall apply in the RIAO District:

(1) Minimum tract area: 10 acres.

(2) Minimum building setbacks:

(a) From East Mt. Pleasant Avenue right-of-way line: 70 feet.

(b) From Force Hill Road right-of-way line: 45 feet.

(c) Side yard setback from property line with Lot 37, Block 2100: 25 feet.

(d) Rear yard setback from other residential lots abutting the district: 75 feet.

(e) Setback from property lines to be created by subdividing Lot 22, Block 2100: 25 feet.

(3) Minimum residential building spacing:

(a) Side to side: 50 feet.

(b) Front to side: 75 feet.

(c) Rear to side: 60 feet.

(d) Front to rear: 75 feet.

(e) Rear to rear: 60 feet.

(4) Balconies, bay windows, roof overhangs, chimneys and similar appurtenances may extend not more than four feet into a required setback. Building entrances and exits may extend not more than 10 feet into a required setback if they are no higher than one story.

(5) Number of residential buildings: a minimum of two and a maximum of six.

[Amended 12-6-2021 by Ord. No. 40-2021]

(6) Residential building heights. Building height shall be measured from finished first floor containing dwelling units to midpoint of a sloping roof. Neither a finished loft space built into the attic nor garage level for parking shall be counted as a story.

(a) Maximum residential building height: 42 feet as measured from finished first floor containing dwelling units to midpoint of a sloping roof.

(b) A maximum of three stories; however, neither a finished loft space built into the attic nor garage level for parking shall be counted as a story.

(7) Maximum accessory building height: shall be measured from finished first floor to midpoint of a pitched roof.

(a) Clubhouse: 35 feet if it is a detached freestanding clubhouse.

(b) Maintenance building: 25 feet.

(c) Any other accessory structure: 15 feet.

(8) Minimum setbacks for accessory buildings:

(a) Twenty feet from any other building.

(b) Twenty feet from any internal roadway or parking area.

(9) Maximum building coverage: 30%.

(10) Maximum impervious coverage: 45%.

(11) Maximum number of dwelling units per building: 125.

[Amended 12-6-2021 by Ord. No. 40-2021]

(12) Maximum number of bedrooms: two per dwelling unit (three as may be required to comply with affordability standards), and no loft shall be used as sleeping accommodations.

(13) Off-street parking standards:

(a) The number of parking spaces shall be provided at the overall ratio of 1.6 cars per dwelling unit.

(b) Accessible parking spaces provided shall be not less than as called for by the New Jersey State Uniform Construction Code Barrier Free Subcode (N.J.A.C. 5:23-7.10)

(c) The Planning Board may approve tandem parking within a parking garage if assigned to the same tenant.

(d) Not less than 5% of the parking spaces shall be equipped with electric vehicle charging stations. At least one such station shall be at or immediately adjacent to an accessible parking space.

(e) Surface parking shall be set back a minimum of 20 feet from the right-of-way line or from a property line that does not face a street, and 10 feet from any residential building but excluding the building entranceway.

(14) Sign regulations:

(a) One entrance ground sign each shall be installed at the East Mt. Pleasant Avenue and Force Hill Road entrances to the development, which signs may indicate the street number and/or development name and such other information the Planning Board may approve.

(b) Each entrance ground sign shall be located at least five feet from the right-of-way line of East Mt. Pleasant Avenue or Force Hill Road as applicable, and shall be located so as not to create a sight distance obstruction.

(c) Each entrance ground sign may be double-faced and shall be no larger than 36 square feet per side, not including the area of any support structure or ornamentation. The height of each entrance ground sign, including any support structure and ornamentation, shall not exceed five feet, and the over-all length shall not exceed 12 feet.

(d) Each entrance ground sign may be illuminated. Any sign illumination shall be limited to either indirect lighting or diffused lighting, and the source of any lighting shall be shielded in such a manner as to not be visible from the street or any adjoining residential property.

(e) On-site directional and wall-mounted building identification signs, and traffic safety signage, shall be permitted subject to appropriate limitations as determined by the Planning Board during the required site plan approval process.

(15) A church or house of worship fronting on East Mt. Pleasant Avenue is permitted on a lot with a minimum area of 1.75 acres.

(16) Sustainability.

[Added 12-6-2021 by Ord. No. 40-2021]

(a) The buildings shall incorporate green building features and shall be designed to a standard similar to New Jersey ENERGY STAR^®, incorporating features such as: low flow water saving fixtures, enhanced building envelope insulation and sealing, double-pane windows, energy efficient appliances, LED lighting, energy saving thermostats, EV charging stations, and enhanced air quality in common spaces. Materials present on-site, such as concrete and asphalt, may be recycled and reused in place of mined aggregates during construction.

(b) The developer will make good faith efforts to include behind-the-meter solar facilities utilizing rooftop solar panels, sized to be as large as is practical to meet all, or as much as possible, of the common area electric load. If deemed to not be practical or economically feasible, the developer shall present evidence to the satisfaction of the Planning Board as to why solar facilities cannot be included.

§ 170-106.2 RIAO-2 Residential Inclusionary Adult Overlay District - 2.

[Added 2-26-2024 by Ord. No. 4-2024]

A. Purpose and permitted principal uses:

(1) To permit the development of Block 101 Lot 2 under an overlay district with a maximum of 120 residential units to be owned or leased for an age-restricted multifamily residential use, provided that such development includes 20% of the total units set aside as units affordable to low- and moderate-income households and deed restricted developed and administered in accordance with the Township's affordable housing regulations set forth in Article XIV of Chapter 170 of the Township Code (§§ 170-125 through 170-128).

(2) Age restrictions. The head of the household of each residential unit shall be at a minimum age of 55 years of age, and no person under 19 years of age shall reside in such dwelling unit for more than 90 days in any calendar year. The development and administration of the age restriction shall mean a housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population where the head of the household is a minimum age of 55 years and meets the provisions of 42 U.S.C. § 3601 et seq., except that, due to death, a remaining spouse of less than 55 years of age shall be permitted to continue to reside.

B. Permitted accessory uses:

(1) An indoor or outdoor clubhouse and recreational facility ("clubhouse"). The clubhouse may include amenities that are necessary for operation of the development or are commonly found in such multifamily residential developments, such as, but not limited to, leasing and management offices, a health and recreational facility, a common area for use of the residents and their guests, storage rooms, concierge service, a business center and such other amenities that are customarily contained in the clubhouse of a residential development of this size and nature.

(2) Structures for temporary garbage and recycling storage and pickup, including, but not limited to, dumpsters. Each residential building may include one or more trash chutes in enclosed areas of the building, all separate from individual dwelling units and access hallways, for temporary placement of waste or recycling material before removal by property custodial or maintenance or workers.

(3) A maintenance building for snow removal and other maintenance equipment customarily required for a residential development of this size and scope.

(4) Utility structures serving the development, including but not limited to a sanitary sewer pump station, generators, cable television and telephone boxes, manholes, fire hydrants, electrical transformers, and other utilities that are customary to a residential development of this type.

(5) One of the residential units may be restricted to utilization as living accommodations for an individual (and members of that person's immediate family) while such person is employed to perform custodial or maintenance services for the development, which unit, if so used, shall be exempt from the age restriction.

(6) An outdoor swimming pool, patio area, and rooftop deck which may include other customary recreational amenities, for the use of the residents and guests of the development. Ground-level amenities may be screened from West Mt. Pleasant Avenue using a fence or wall with a maximum height of six feet.

(7) Off-street parking in accordance with the standards set forth below, including a structured parking deck not exceeding four levels, with parking permitted on the top level of the deck.

(8) Signs and signage in accordance with the standards set forth below.

C. Required zoning standards. The following zoning standards shall apply in the RIAO-2 District:

(1) Minimum tract area: three acres.

(2) Minimum building setbacks:

(a) From West Mt. Pleasant Avenue right-of-way line: 50 feet, except that building facades fronting on and within 100 feet of West Mt. Pleasant Avenue are required to step back a minimum of 10 feet from the building edge at the fourth floor.

(b) From Microlab Road right-of-way line: 20 feet.

(c) Side and rear yard setback from property line: 15 feet.

(3) Balconies, bay windows, roof overhangs, chimneys and similar appurtenances may extend not more than four feet into a required setback.

(4) Building heights.

(a) Measurement. Building height shall be measured either from finished first floor containing dwelling units to the highest point of a flat roof or to the midpoint of a sloping roof. Finished loft space built into the attic shall not be counted as a story. Parking structure height shall be measured from the finished first floor parking level to the finished floor of the top parking level.

(b) Maximum number of stories or parking levels: four.

(c) Maximum building or parking structure height: 50 feet.

(d) Height exceptions.

[1] Parapets and screening may extend five feet above the permitted building height. Appurtenances, such as mechanical equipment, and similar ancillary and customary structures may extend 10 feet above the permitted building height.

[2] Ingress and egress structures, not exceeding the minimum number required by the applicable fire code, such as elevator penthouses and stair towers associated with providing access to a rooftop amenity, may extend up to 18 feet above the permitted building height, provided that such structures are set back a minimum of 10 feet from any building facade wall facing a public roadway, excluding any interior facade wall or courtyard, and further provided that the area of any such structure shall not exceed 2,500 square feet.

[3] Accessory structures associated with a rooftop amenity such as pergolas, gazebos, lighting, and similar structures may extend up to 12 feet above the permitted building height, provided that such structures are set back a minimum of 10 feet from any building facade wall facing a public roadway, excluding any interior facade wall or courtyard, and further provided that the total area of all such structures shall not exceed 4,000 square feet or 10% of the roof area, whichever is greater.

(5) Maximum accessory building height shall be measured from either the highest point of a flat roof or to the finished first floor to midpoint of a pitched roof.

(a) Clubhouse: 30 feet if it is a detached freestanding clubhouse.

(b) Maintenance building: 20 feet.

(c) Any other accessory structure: 15 feet.

(6) Minimum setbacks for accessory building:

(a) Twenty feet from any other building, excluding parking garages.

(b) Ten feet from any internal roadway or parking area.

(7) Maximum building coverage: 50%.

(8) Maximum impervious coverage: 80%.

(9) Maximum number of dwelling units: 120.

(10) Maximum number of bedrooms. No residential unit shall have more than two bedrooms, except for three-bedroom low- and moderate-income units as may be required pursuant to N.J.A.C. 5:80-26.1 et seq., as amended or as superseded by other requirements of state law or regulations. Units shall be permitted to contain dens. Dens shall not be permitted to be utilized as sleeping accommodations. Dens shall not contain closets and shall be open to the adjacent space.

(11) Off-street parking standards.

(a) Off-street parking shall be provided at the rate of 1.6 vehicles per dwelling unit.

(b) Subject to Planning Board approval, a portion of the required parking requirement may be met through a shared parking arrangement for off-premises parking on contiguous property or other property which, in the reasonable discretion of the Planning Board, is deemed adequate after considering such factors as the distance from the property to be served, the convenience and safety of pedestrians, vehicular access, adjacent land uses, etc., and provided that the applicant either owns such off-premises parking area(s) or holds such area(s) under irrevocable lease having a term of at least 50 years. If such area(s) is so used for off-street parking, the requirements herein set forth shall apply, except that the Planning Board may require additional landscaping or buffering.

(c) Accessible parking spaces provided shall be not less than as required by the New Jersey State Uniform Construction Code Barrier Free Subcode (N.J.A.C. 5:23-7.10).

(d) Electric vehicle (EV) parking spaces shall be provided in compliance with New Jersey statutes and regulations, including but not limited to the Mandatory Statewide Electric Vehicle Ordinance.

(e) Surface parking shall be set back a minimum of 10 feet from street right-of-way line or from a property line that does not face a street, and 10 feet from any residential building but excluding the building entrance way.

(12) Sign regulations.

(a) Signage shall be provided in accordance with § 170-90 except as otherwise authorized herein.

(b) Monument signs.

[1] One monument sign may be installed on each roadway frontage, specifically West Mt. Pleasant Avenue and Microlab Road, which signs may indicate the street number and/or development name and such other information as the Planning Board may approve.

[2] Monument signs shall be located at least five feet from the right-of-way line of East Mt. Pleasant Avenue or Force Hill Road as applicable, and shall be located so as not to create a sight distance obstruction.

[3] Each monument sign may be double-sided and shall be no larger than 36 square feet per side. The height of each monument sign shall not exceed five feet and the overall length shall not exceed 12 feet.

[4] Monument signs may be illuminated. Any sign illumination shall be limited to either indirect lighting or diffused lighting, and the source of any lighting shall be shielded in such a manner as to not be visible from the street or any adjoining residential property.

(c) Building or canopy signs. One facade sign not exceeding 20 square feet in area shall be permitted to identify the main entrance to the principal building, as approved by the Planning Board as part of the required site plan approval.

(d) On-site directional and traffic safety signage shall be permitted subject to appropriate limitations as determined by the Planning Board during the required site plan approval process.

(e) Temporary signage. Beginning from the commencement of on-site development activity, two nonilluminated signs advertising the development may be installed on the property. Each such sign shall be subject to a maximum size of 32 square feet, maximum height of six feet, and a minimum setback of 20 feet, and any such sign shall be removed not later than 30 days after the issuance of the certificate of occupancy.

(13) Sustainability. The buildings, to the greatest extent possible, shall incorporate green building features and shall, incorporate features such as: low-flow water saving fixtures, enhanced building envelope insulation and sealing, double-pane windows, energy efficient appliances, LED lighting, energy saving thermostats, EV charging stations, and enhanced air quality in common spaces. Materials present on-site, such as concrete and asphalt, may be recycled and reused in place of mined aggregates during construction.

(14) Phasing. Development of the tract may be done in phases at the discretion of the developer.

§ 170-107 B Central Business District.

[Amended by Ord. No. 7-2002]

A. Primary intended use. The B Central Business District is designed for and limited to business uses of a retail sales and service type such as retail stores, shops, banks, eating and drinking establishments, barbershops, beauty parlors and like uses. Business and professional office use as a principal use is permitted within any building on any floor. Accessory uses customarily incidental to the uses herein mentioned are also permitted in this zone. No construction or occupancy permit shall be issued until the Planning Board has reviewed a preliminary and final site plan, ascertained that site plan is in compliance with all requirements of this section, and approved site plan.

B. Prohibited use. No land or building shall be used or occupied for any use other than as permitted in § 170-107A above. This shall not be construed to permit any of the following uses in the B Zone:

(1) Any use prohibited in § 170-108B(1) through (27) and (29) through (34) of this chapter.

[Amended 7-16-2018 by Ord. No. 8-2018]

(2) Any business conducted outside the confines of a building, including the sale of used and new cars.

(3) Theaters.

(4) Printing establishments.

(5) Public garages and gasoline filling stations.

(6) Bowling alleys or roller skating rinks.

(7) In front yards, drive-through facilities, drive-up facilities and off-street parking.

[Added 12-15-2008 by Ord. No. 43-2008]

C. Required conditions.

(1) Height of buildings. No building shall exceed a maximum height of 28 feet.

(2) Front yard. There shall be a front yard setback of 15 feet measured from the front street right-of-way line or 50 feet measured from the center line of the street, whichever is greater, except that on the southerly side of East Northfield Road from South Livingston Avenue to the easterly limits of the B Zone, the setback line shall be five feet south of the southerly line of East Northfield Road as said southerly line has been established by the Essex County Board of Chosen Freeholders. On corner lots in the B Zone, the setbacks from the side street shall be 10 feet.

[Amended 12-15-2008 by Ord. No. 43-2008]

(3) Side yard. All business buildings may be built without side yards, except that where a residence district adjoins a B District, there shall be a minimum side yard setback from said common zone line of 10 feet. Off-street parking as required and regulated in § 170-94 is permitted within the side yards, provided that no parking area shall be closer than five feet to any building nor closer than 10 feet to an adjacent residence district boundary line, except as permitted in § 170-94A(3), nor closer than 1/2 the front yard set back requirement from the side street on a corner lot.

(4) Rear yard. There shall be a rear yard that is equal to the height of the building, provided that said rear yard shall never be less than 25 feet. Said rear yard shall be unobstructed by buildings or other permanent structures. Off-street parking is permitted within the rear yard, provided that no parking area shall be closer than 10 feet to any abutting residence zone district boundary line, except as permitted in § 170-94A(3), nor five feet to any building nor closer than 1/2 the front yard setback requirement from the side street on a corner lot.

(5) Off-street parking. Off-street parking shall be provided as required in § 170-94 of this chapter.

(6) Nuisances. No use shall use any noise-making instruments, such as phonographs, loudspeakers, amplifiers, radios, television sets or similar devices, which are so situated as to be heard outside the building. No smoke, fumes or objectionable odor shall be emitted from any building. The display of merchandise on the exterior premises of any building is prohibited.

(7) Maximum floor area ratio. The total floor area within all structures on any lot within the B Zone shall not be more than 45% of the total lot area.

(8) Maximum total impervious coverage. The total impervious coverage on any lot within the B Zone shall not be more than 90% of the total lot area.

§ 170-107.1 MU-1 Mixed-Use Overlay District.

[Added 6-15-2020 by Ord. No. 7-2020]

A. Purpose: The purpose of the MU-1 Mixed-Use Overlay District is to permit the provision of inclusionary residential development over permitted ground floor nonresidential uses.

B. Primary intended uses:

(1) On the ground floor.

(a) Retail sales and services permitted in the B Central Business District not exceeding 3,600 square feet in the aggregate; of which a medical, dental or other professional office not exceeding 1,100 square feet shall be in a separate single-floor building.

(b) Parking, as required by § 107-107.1D(4), may be provided on the ground floor behind or adjacent to such sales or office uses, for residential and nonresidential tenants or visitors.

(c) Residential use lobby, tenant amenity spaces, mail, and mechanical/storage spaces for the building.

(2) On the second and third floors, a total of 26 residential units. No more than nine third-floor units may be duplex two-bedroom units. All other third-floor units may have lofts; however, such lofts shall not be utilized as sleeping accommodations. Extension of lofts or duplex units into the volume of the pitched roof assembly shall not be deemed to constitute an additional floor of the building.

[Amended 10-16-2023 by Ord. No. 30-2023

(3) There shall be a required affordable housing set aside of four units, which shall be deed restricted as units available only to low- and moderate-income households, and which may be provided on site in accordance with the applicable standards for bedroom mix. Alternatively, the affordable housing requirement can be met, in whole or in part, in the form of eligible supportive and special needs housing based on unit/bedroom credits received by the Township. If affordable housing is in the form of supportive and special needs housing, it may be provided off-site at a location approved by the Township.

[Added 10-16-2023 by Ord. No. 30-2023]

(4) Two principal buildings are permitted on the same lot.

C. Prohibited uses. Any use other than those permitted in § 170-107.1B above is prohibited.

D. Required conditions.

(1) Height of building. Not more than 53 feet as measured from the average existing top of curb grade along the South Livingston Avenue frontage.

(2) Building setbacks:

(a) From East Northfield Road curb: 22 feet.

(b) From South Livingston Avenue curb: 12 feet.

(c) From the intersection of those two curbs: 35 feet.

(d) From Tax Lot 49: 10 feet.

(e) From Tax Lot 53: 10 feet.

(3) Decks and patios:

(a) The second and third floors of the building shall be set back from South Livingston Avenue such distance as to allow 1,500 square feet of the roof above the ground floor to serve as a common amenity deck for the residents.

(b) Up to three second-floor residential units may have a private patio area on that roof not exceeding 150 square feet each.

(4) Parking:

(a) There shall be no fewer than 63 parking spaces, of which three shall be handicap accessible and not more than 30 shall be assigned and restricted to the residential units. One electric charging station may be provided.

(b) Off-street surface parking shall be set back not less than 10 feet from the right-of-way line of South Livingston Avenue and of East Northfield Road.

(c) Tandem parking on the ground floor may be provided when both spaces in the pair of spaces are for the same residential unit or commercial tenant.

(5) Landscaping and sidewalks:

(a) There shall be a landscaped street level plaza, open to the public, of not less than 800 square feet as measured from the face of the building and the intersection of the curbs of South Livingston Avenue and Northfield Road.

(b) Sidewalks shall be provided along South Livingston Avenue and East Northfield Road that are not less than five feet wide and of materials, design and accompanying landscaping consistent with those of the Business Improvement District.

(6) Minimum lot area: 39,000 square feet.

(7) Maximum building coverage: 52%.

(8) Maximum impervious coverage: 85%.

(9) Elevator: The building with residential units shall be elevator-served.

§ 170-108 B-1 General Business District.

[Amended by Ord. No. 3-2000; Ord. No. 7-2002; 12-15-2008 by Ord. No. 43-2008; 7-16-2018 by Ord. No. 8-2018; 9-23-2024 by Ord. No. 25-2024]

A. Primary intended use.

(1) The B-1 General Business District is limited to business use of a retail sales and service type such as stores, shops, banks, restaurants, business offices, theaters, newspaper offices, printing establishments employing not more than 10 persons and using power not in excess of 25 rated horsepower, public garages and filling stations as regulated in § 170-88C, car washes as regulated in § 170-88D and signs as regulated in § 170-90. Also permitted in this zone are accessory uses customarily incident to the uses herein mentioned; provided, however, that amusement devices are only permitted as an accessory use and only if all of the following requirements are complied with:

(a) There shall be 60 square feet of operating area for each amusement device. The calculation of the operating area shall exclude any area of the premises which is used for other purposes but shall include access and walkways primarily serving the amusement device.

(b) The maximum area devoted for all amusement devices at a ratio of 60 square feet for each device shall not exceed 30% of the gross floor area of the establishment.

(c) No amusement device shall be used, placed, maintained or operated in any premises within 200 feet of any school.

(2) Before the issuance of a construction or occupancy permit, the Planning Board shall review and approve a preliminary and final site plan of the proposed business use and shall ascertain that all requirements of this section are complied with.

B. Prohibited uses. In the B-1 General Business District, the following uses and structures are hereby prohibited:

(1) Any process of manufacture, fabrication, assembly, treatment, conversion or alteration which is not clearly incidental to the operation of a permitted business or use actually conducted on the premises.

(2) All uses prohibited in the I Limited Industrial District, except retail sales.

(3) Automobile wrecking yards and disassembly plants.

(4) Bakery, wholesale.

(5) Bottling works.

(6) Building material storage yards.

(7) Carting, express, hauling or storage yards.

(8) Carousels, roller coasters, merry-go-rounds, Ferris wheels, pony riding tracks, exhibitions of wild animals and similar commercial amusements, except in connection with a carnival or circus having a special permit issued by the Township Clerk upon the authority of the Township Council. No such permit shall be authorized unless the carnival or circus is to be held upon a site located within a B-1 General Business District, or on a site having frontage on a divided highway which shall abut on and be contiguous with a B-1 General Business District at least to the full depth of the latter.

(9) Contractor's plant or yard for storage of equipment or materials.

(10) Cooperage works.

(11) Distribution station or terminal.

(12) Establishment for the boarding, medical treatment or breeding of cats, dogs or other domestic animals.

(13) Fuel distributing plants and fuel storage yards.

(14) Ice plants or ice storage yards.

(15) Junkyards.

(16) Lumber yards.

(17) Milk distributing stations, wholesale.

(18) Motels and motor courts.

(19) Paint mixing, wholesale.

(20) Planing mills.

(21) Public storage warehouses.

(22) Residential use of any kind or the construction or conversion of any nonresidential building to a residential building.

(23) Roadstands and establishments commonly called "car hops," "snack bars" or "dairy bars" and similar businesses engaged in the sale of food, soft drinks, ice cream and similar confections which are served outside the confines of the building or structure in which the business is conducted.

(24) Storage of crude oil or any of its volatile products or other flammable liquids, except as provided by an ordinance entitled, "An Ordinance Providing for Fire Prevention and Protection," adopted December 17, 1934, its amendments and supplements.

(25) Storage garages.

(26) Storage or parking in the open of trucks or of tractors, cranes, bulldozers, power shovels or other similar apparatus or equipment, except during the course of construction at or on the premises.

(27) Trailer camps or other storage or parking of trailers.

(28) Any business conducted outside the confines of a building; provided, however, that used car sales are permitted outside the confines of a building as an accessory use to a franchised new car dealer and then only if all of the following requirements are complied with:

(a) The area devoted to said accessory use is no larger than the ground floor area of the building in which, and is located upon the same premises upon which, the principal use of the premises is conducted.

(b) The area devoted to said accessory use is surfaced with an asphalt, bituminous or cement binder pavement which shall be graded and drained to dispose of all surface water.

(c) Any lighting in connection with said accessory use shall be so arranged as regulated in § 170-94A(7).

(d) The area to be used for said permitted accessory use shall at all times be clearly and legibly marked on the required paved surface.

(e) Adequate buffer strips shall be provided as approved by the Planning Board.

(29) Drive-in restaurants.

(30) Establishments providing body piercing and/or body tattoo services, except for ear piercing as an ancillary service in a jewelry store or similar business.

(31) Establishments providing body massage services, except as an ancillary service in a medical office, hospital, health club, beauty salon or similar facility.

(32) In front yards, drive-in facilities, drive-through facilities and off-street parking.

(33) Any commercial establishment which has as its principal business the retail sale of or service of electronic smoking devices, liquid electronic smoking solutions, liquid electronic smoking solution containers or vapor products.

(34) Any commercial establishment engaged in the retail or wholesale sale of any drug paraphernalia as defined in Chapter 122, Drug Paraphernalia, of the Code of the Township of Livingston.

C. Required conditions. The following requirements must be complied with in the B-1 General Business District.

(1) Height of building. No building shall exceed a maximum height of 28 feet.

(2) Front yard.

(a) There shall be a front yard setback of 15 feet measured from the front street right-of-way line or 50 feet measured from the center line of the street, whichever is greater, except that on the southerly side of East Northfield Road from South Livingston Avenue to a point 253.96 feet east of the easterly side line of Burnet Street, the setback line shall be five feet south of the southerly line of East Northfield Road as said southerly line has been established by the Essex County Board of Chosen Freeholders. On corner lots in the B-1 Zone, the setbacks from both abutting streets shall total at least 25 feet. Off-street parking is permitted in the front yard, provided that said parking area is no closer to any right-of-way line in the front yard than 1/2 the front yard setback requirement nor closer than five feet to any building on site nor 10 feet to any abutting residence district zone line except as permitted in § 170-94A(3).

(b) Nothing contained herein shall be construed to prohibit off-street parking to be installed under a building.

(3) Side yard. All business buildings may be built without side yards, except that where a residence district adjoins a B-1 District, there shall be a minimum side yard of 10 feet. Off-street parking, as regulated in § 170-94, is permitted within the side yards, provided that no parking area shall be closer than five feet to any building nor closer than 10 feet to an adjacent residence district boundary line, except as permitted in § 170-94A(3), nor closer than 1/2 the front yard setback requirement from the side street on a corner lot.

(4) Rear yard. There shall be a rear yard that is equal to the height of the building, provided that said rear yard shall never be less than 25 feet. Said rear yard shall be unobstructed by buildings or other permanent structures. Any building containing residence shall provide a rear yard of at least 25 feet unobstructed by parking areas. Off-street parking is permitted within the rear yard, provided that no parking area shall be closer than 10 feet to any residence district boundary line, except as permitted in § 170-94A(3), nor five feet to any building nor closer than 1/2 the front yard setback requirement from the side street on a corner lot.

(5) Off-street parking. Off-street parking shall be provided as regulated in § 170-94.

(6) Nuisances. No store, shop or office in any building shall use any noise-making instruments, such as phonographs, loudspeakers, amplifiers, radios, television sets or similar devices, which are so situated as to be heard outside the building. No smoke, fumes or objectionable odor shall be emitted from any building. The display of merchandise on the exterior premises of any building is prohibited.

(7) Maximum floor area ratio. The total floor area within all structures on any lot within the B-1 Zone shall not be more than 45% of the total lot area.

(8) Maximum total impervious coverage. The total impervious coverage on any lot within the B-1 Zone shall not be more than 90% of the total lot area.

§ 170-109 B-2 Highway Business District.

A. Primary intended use.

(1) The B-2 Highway Business District is limited to those business uses permitted in the B-1 District as well as motels as regulated in § 170-88E. Also permitted in such district are accessory uses customarily incident to the permitted principal uses, provided that amusement devices which are permitted as accessory uses in the B-1 Zone are not permitted in the B-2 Zone.

(2) Before the issuance of a construction or occupancy permit, the Planning Board shall review and approve a preliminary and final site plan of the proposed business development and shall ascertain that all requirements of this chapter are complied with.

B. Prohibited uses. Any use that is prohibited in the B-1 District is prohibited in the B-2 District, except as follows:

(1) Motels are permitted as regulated in § 170-88E.

(2) Auto sales of any kind are prohibited.

(3) Public garages and filling stations are prohibited.

C. Required conditions. All of the following requirements must be complied with in the B-2 Highway Business District:

(1) Height of building. No building shall exceed a maximum height of 28 feet.

(2) Front yard. There shall be a front yard setback of 125 feet measured from the front street right-of-way line. Off-street parking, as required, is permitted in the front yard, provided that no part of said parking area is closer than 125 feet to the front street right-of-way line nor closer than five feet to any building nor closer than 50 feet to the side street right-of-way line.

(3) Side yards.

(a) There shall be two side yards, neither of which shall be less than 12 feet. Off-street parking, as required, is permitted in the side yard, provided that said parking area shall not be closer than five feet to any side line unless said area abuts a parking area on the adjacent lot in which case the five-foot setback requirement is waived. No parking area is permitted in a side yard under this section that is closer than 15 feet to any residence zone district boundary line. No parking area shall be closer than five feet to any building nor closer than 50 feet to the side street right-of-way line nor closer than 15 feet to a side property line when said side line is coincidental to any residential zone boundary line.

(b) Nothing contained herein shall be construed to prohibit off-street parking to be installed under a building.

(4) Rear yard. There shall be a rear yard of at least 100 feet. Off-street parking, as required, is permitted in the rear yard, provided that no parking area shall be closer than 85 feet from any rear property line where said property line is coincidental to the residential zone district boundary line nor closer than five feet to any building.

(5) Nuisances. No store, shop or office in any building shall use any noise-making instruments, such as phonographs, loudspeakers, amplifiers, radios, television sets or similar devices, which are so situated as to be heard outside the building. No smoke, fumes or objectionable odor shall be emitted from any building. The display of merchandise on the exterior premises of any building is prohibited.

(6) Minimum floor area. Every permitted principal structure shall have a minimum floor area of at least 5,000 square feet.

(7) Off-street parking. Off-street parking shall be provided as required in § 170-94.

(8) Maximum floor area ratio. The total floor area within all structures on any lot within the B-2 Zone shall not be more than 30% of the total lot area.

(9) Maximum total impervious coverage. The total impervious coverage on any lot within the B-2 Zone shall not be more than 50% of the total lot area.

§ 170-109.1 BN Neighborhood Business District.

[Added 12-7-2015 by Ord. No. 21-2015; amended 9-13-2021 by Ord. No. 24-2021]

A. Primary permitted uses:

(1) Retail sales or services, small business offices, courier and parcel shipping services; each not exceeding a gross floor area of 1,500 square feet.

(2) Instructional studios for martial arts, fitness, dance, music, song, graphic arts, or the like; with no studio exceeding a gross floor area of 2,000 square feet.

(3) Bakery, coffee shop, ice cream parlor, delicatessen, tea parlor; each not exceeding a gross floor area of 1,500 square feet.

(4) Private day-care facilities, special education schools and early intervention/therapeutic facilities for disabled children approved or licensed by the State of New Jersey.

B. Other permitted uses:

(1) Residential units, each not exceeding 1,200 square feet, on second story over primary permitted uses.

(2) Single-family or two-family residences.

C. Prohibited uses:

(1) Any use not specifically permitted herein.

(2) Drive-in, drive-up or drive-through facilities.

D. Required conditions:

(1) Height of building. No building shall exceed a height of 35 feet.

(2) Front yard.

(a) Single-family and two-family residences shall have a minimum front yard setback of 25 feet.

(b) Commercial, educational or mixed uses.

[1] Buildings fronting on East McClellan Avenue shall have a minimum front yard setback of six feet.

[2] Buildings fronting on McCall Avenue shall have a minimum setback of six feet and a maximum setback of 15 feet.

(3) Side yard.

(a) Commercial and mixed-use buildings may be built without side yards, except that where there is a residence district, or any residential structure permitted under Subsection B(2) above, adjoining the lot, there shall be a side yard of not less than 15 feet from that residence district or structure.

(b) Single-family and two-family residences shall have a side yard setback of not less than 15 feet.

(4) Rear yard. There shall be a rear yard setback equal to the height of the building, provided always that the rear yard setback shall not be less than 25 feet.

(5) Off-street parking. As regulated by § 170-94, except that:

(a) Off-street parking is prohibited in front yards of commercial and mixed-use buildings.

(b) No off-street parking area shall be closer than five feet to any building nor, for commercial or mixed-use buildings, closer than 10 feet to any residence district or any residential structure permitted under Subsection B(2) above.

(6) Maximum floor area ratio. The total floor area within any structures on any lot shall not exceed more than 45% of the total lot area.

(7) Maximum total impervious coverage. The total impervious coverage on any lot shall not exceed 80% of the total lot area.

(8) Building orientation. Every building shall have its primary orientation, facade and entrance toward and accessible from the street right-of-way, and all ground floor occupancies shall have their primary pedestrian access from the public street.

(9) Minimum lot area. The minimum lot area for single-family and two-family residences shall be 5,000 square feet.

E. Signs. Only wall signs accessory to the business conducted on commercial or mixed-use property shall be permitted. Such signs shall meet all of the size requirements for wall signs applicable to such a business in the B and B-1 Districts as set forth in § 170-90C. If such signs are illuminated, only gooseneck-type lighting is permitted, and such lights shall be turned off by 10:00 p.m.

§ 170-110 P-B Professional Building District.

[Amended by Ord. No. 41-1987]

A. Primary intended use.

(1) The P-B Professional Building District is designed for the following structures and uses:

(a) Offices for executives and administrative purposes.

[Amended 11-19-2018 by Ord. No. 19-2018]

(b) Offices for physicians, dentists, architects, engineers, attorneys, accountants and such other professional uses as determined by the Planning Board to be of similar character to the use herein permitted.

(c) Banks, nursing homes, rehabilitation facilities, physical therapy facilities, and nonprofit entities providing programs, activities and facilities promoting social responsibility, healthy living, youth development and ancillary community services.

[Amended 11-19-2018 by Ord. No. 19-2018]

(d) Restaurants limited to establishments wherein patrons seated at tables are served food and beverages by table servers.

[Added 6-4-2007 by Ord. No. 11-2007]

(2) Before a construction or occupancy permit is issued for any use in the P-B District, the Planning Board shall review and approve a preliminary and final site plan of the proposed use.

B. Prohibited use. No land or building shall be used or occupied for a use other than as permitted in § 170-110A. More specifically, no residential use and no retail or wholesale business or industrial uses of any kind are permitted in the P-B Zone.

C. Required conditions.

(1) Height of building. No building shall exceed a maximum height of 28 feet.

(2) Front yard. There shall be a front yard of not less than 75 feet. Parking is not permitted in the required front yard setback.

(3) Side yards.

(a) There shall be two side yards, neither of which shall be less than 25 feet in width; provided, however, that the aggregate width of the two side yards shall equal at least 50% of the lot width at the building line. Parking as required may be permitted in the side yard, provided that no parking area shall be closer than 25 feet to any property line nor closer than 10 feet to any building. Parking on corner lots shall not be closer to the side street right-of-way line than 37.5 feet.

(b) Nothing contained herein shall be construed to prohibit off-street parking to be installed under a building.

(4) Rear yard. There shall be a rear yard of at least 100 feet. Parking as required is permitted in the rear yard, provided that said parking is not closer than 10 feet to any building or not closer than 25 feet to any property line. Parking on corner lots shall not be closer to the side street right-of-way line than 37 1/2 feet.

(5) Off-street parking. Off-street parking shall be provided as regulated in § 170-94.

(6) Maximum floor area ratio. The total floor area within all structures on any lot within the P-B Zone shall not be more than 30% of the total lot area.

(7) Maximum total impervious coverage. The total impervious coverage on any lot within the P-B Zone shall not be more than 50% of the total lot area.

§ 170-111 P-B1 Professional Office District.

A. Primary intended use. The P-B1 District is designed to permit any use permitted in the P-B Zone District.

B. Prohibited use. No land or building shall be used or occupied for a use other than as permitted in § 170-110A; provided, however, that up to two principal buildings on a single lot is permitted. More specifically, no residential use and no retail or wholesale business or industrial uses of any kind are permitted in the P-B1 Zone.

C. Required conditions.

(1) Height of building. No building shall exceed a maximum height of 40 feet.

(2) Setbacks.

(a) The following setback requirements shall be complied with in the P-B1 Zone:

[1] No building shall be located closer than 80 feet to any street right-of-way line.

[2] No building shall be located closer than 100 feet to any property line other than a street right-of-way line.

[3] No building shall be located closer than 15 feet to any watercourse.

[4] No building shall be located closer than 10 feet to any parking area.

[5] No parking area shall be located closer than 20 feet to any street right-of-way line. No parking area shall be located closer than 50 feet to any property line other than a street right-of-way line.

(b) Nothing contained herein shall be construed to prohibit off-street parking to be installed under a building.

(3) Minimum lot size. Any use permitted shall require a minimum lot size of nine acres.

(4) Off-street parking. Off-street parking shall be provided as required in § 170-94.

(5) Sanitary sewer connection. No certificate of occupancy shall be issued for any use in the P-B1 Zone unless and until the same shall have been connected to the sanitary sewerage disposal system of the Township of Livingston.

(6) Distance between buildings. The minimum distance between buildings shall not be less than a dimension that is equal to the sum of the heights of the two buildings.

(7) Maximum floor area ratio. The total floor area within all structures on any lot within the P-B1 Zone shall not be more than 30% of the total lot area.

(8) Maximum total impervious coverage. The total impervious coverage on any lot within the P-B1 Zone shall not be more than 70% of the total lot area.

§ 170-112 P-B2 Professional Office District.

[Amended 6-16-2008 by Ord. No. 19-2008]

A. Primary intended use. The P-B2 Professional Office District is designed for any uses permitted in the P-B Zone District.

B. Prohibited use. No land or building shall be used or occupied for a use other than as permitted in § 170-110A(1)(a) through (c). More specifically, no residential use and no retail or wholesale business or industrial uses of any kind are permitted in the P-B2 Zone except as permitted as accessory uses.

C. Required conditions.

(1) Height of building. No building shall exceed a maximum height of 40 feet; provided, however, that a parking garage permitted as an accessory use may have a maximum height not exceeding, at any point, the highest elevation of the roof of the preexisting principal building served by such garage.

(2) Front yard. There shall be a front yard setback of not less than 100 feet. Off-street surface parking shall not be permitted within 90 feet of any street.

(3) Setback from other property lines. All buildings shall be set back a minimum of 50 feet from all other property lines; provided, however, that no building containing a primary intended use shall be located closer than three feet of setback for every foot of height of said building or 50 feet, whichever is greater, from any abutting residential zoned property. Off-street surface parking is permitted in these setbacks, provided that they are no closer to any abutting property than 1/2 the setback required for the principal building. Nothing contained herein shall be construed to prohibit off-street parking to be installed under a building.

(4) Minimum lot size. Any use permitted shall require a minimum lot size of six acres.

(5) Open space. The applicant shall either deed to the Township for open space or he shall set aside within the site a land area for open space at a ratio of not less than 36% of the total site area. If the open space is not deeded to the Township, it shall be owned and maintained by an open space organization pursuant to N.J.S.A. 40:55D-43.

(6) Off-street parking. The number of off-street parking spaces provided shall be as required in § 170-94.

(7) Sanitary sewer connection. No certificate of occupancy shall be issued for any use in the P-B2 Zone unless and until the same shall have been connected to the sanitary sewerage disposal system of the Township of Livingston.

(8) Maximum floor area ratio. The total floor area within all structures, exclusive of a parking garage permitted as an accessory use, on any lot within the P-B2 Zone shall not be more than 30% of the total lot area.

(9) Maximum total impervious coverage. The total impervious coverage on any lot within the P-B2 Zone shall not be more than 70% of the total lot area.

D. Accessory uses.

(1) The following uses, not exceeding in the aggregate 10% of the total floor area of an office building, when located within that office building's central core or atrium or just off such central core or atrium and designed and operated primarily for the convenience of tenants, their employees and visitors: a bank, a credit union, a dry cleaning and laundry drop shop, a newspaper stand, a sundries shop, and or other similar accessory uses.

(2) A cafeteria located within an office building and designed and operated for the convenience of that office building's tenants, their employees and visitors.

(3) A food commissary within an office building providing food preparation service to the cafeteria, to tenant spaces, to the atrium and central core areas for tenant and landlord functions, for catered functions in the atrium and central core areas for nontenants on evenings and on weekends, and for delivery by the operator to off-site locations. On-site commissary sales to, or for pick-up by, the general public are expressly prohibited.

(4) A physical fitness facility, within an office building, primarily serving tenants and their employees, as well as open to the general public; but in no event larger than 12,000 square feet.

(5) One parking garage solely for the office building's tenants and their employees and visitors; provided, however, that:

(a) The distance between such parking garage and any principal building shall be not less than 40 feet;

(b) The parking garage shall be set back not less than 30 feet from any property line, and not less than 550 feet from West Mt. Pleasant Avenue and 200 feet from Eisenhower Parkway; and

(c) No floor or level of such parking garage shall exceed 57,750 square feet.

§ 170-112.1 P-B3 Professional Office District.

[Added 2-28-2011 by Ord. No. 5-2011]

A. Permitted uses:

[Amended 5-16-2011 by Ord. No. 20-2011; 9-24-2012 by Ord. No. 15-2012]

(1) The P-B3 Professional Office District is designed for the following primary structures and uses:

(a) Offices for physicians, dentists, architects, engineers, attorneys, accountants; medical and dental laboratories; and such other professional uses as determined by the Planning Board to be of a similar character to the uses herein permitted.

(b) Cafes located within an office building and serving the building's tenants and business visitors.

(c) Bank, butcher, dry cleaner, grocery, pharmacy, restaurant limited to establishments where patrons primarily seated at tables are served food and beverages by table servers, and such other retail sales and services as are permitted in the B Central Business District. These uses may be as principal buildings or may be within an office building, provided that the primary entrance of the use is on the street frontage.

(2) Parking structures in rear and side yards as accessory uses for parking by tenants and business visitors of permitted uses. When such structures are built to be shared by adjacent properties under a joint parking program approved by the Planning Board, reduction in the number of driveways at streets is a desired effect.

(3) Before a construction or occupancy permit is issued for any structure or use in the P-B3 Professional Office District, the Planning Board shall review and approve a preliminary and final site plan of the proposed use.

B. Prohibited uses. No land or building shall be used or occupied for a use other than as permitted in § 170-112.1A. More specifically, no residential use, no wholesale or industrial uses, and no retail use, other than as specifically permitted therein, of any kind are permitted in the P-B3 Professional Office District.

C. Required conditions.

(1) Height of building. No building shall exceed a maximum height of 35 feet.

(2) Front yard. There shall be a front yard setback of 25 feet measured from the front street right-of-way line or 50 feet measured from the center line of the street, whichever is greater.

(3) Side yard. All buildings may be built without side yards, except that where a residence district adjoins the P-B3 Professional Office District, there shall be a minimum distance of 10 feet between the side of any building and the residence district.

(4) Rear yard. There shall be a rear yard that is equal to the height of the building, provided that the rear yard shall never be less than 25 feet.

(5) Off-street parking.

(a) Off-street parking, as regulated by § 170-94, is permitted in the front yard, provided that said parking area is no closer to the front street right-of-way line than 1/2 the front yard setback requirement nor closer than five feet to any building on site.

(b) Off-street parking, as regulated in § 170-94, is permitted in all other yards, provided that no parking area shall be closer than five feet to any building nor closer than 10 feet to an adjacent residence district boundary line nor closer than 1/2 the front yard setback requirement from the side street on a corner lot.

(c) Nothing contained herein shall be construed to prohibit off-street parking to be installed under a building.

(d) Nothing contained herein shall be construed to prohibit an off-street parking structure or any vehicle entry or exit ramps from crossing lot lines when built to be shared under a joint parking program approved by the Planning Board.

[Amended 9-24-2012 by Ord. No. 15-2012]

(6) Maximum floor area ratio. The total floor area within any structure on any lot within the P-B3 District, exclusive of a parking structure permitted as an accessory use, shall not be more than 45% of the total lot area.

[Amended 9-24-2012 by Ord. No. 15-2012]

(7) Maximum total impervious coverage. The total impervious coverage on any lot within the P-B3 District shall not be more than 90% of the total lot area.

(8) Parking structure setbacks.

[Added 9-24-2012 by Ord. No. 15-2012]

(a) Side yard setbacks shall be the same as for principal buildings.

(b) Rear yard. Parking structures may be built without rear yard setbacks, except that the distance between a parking structure and a residence district line shall be the greater of 25 feet or the height of the parking structure.

(c) The distance between a parking structure and the principal building or buildings served shall be not less than 20 feet.

(d) When a parking structure or any vehicle exit or entry ramp is built or utilized under a joint parking program approved by the Planning Board, the setback provisions for a parking structure shall not apply to common lot lines crossed by the structure or any ramps.

(9) Parking structure height. The height of a parking structure shall not exceed the lowest roof elevation of the principal building(s) that it serves.

[Added 9-24-2012 by Ord. No. 15-2012]

§ 170-113 D-S Designed Shopping Center District.

[Amended by Ord. No. 1-1995; Ord. No. 7-2002; 4-17-2006 by Ord. No. 18-2006; 1-28-2008 by Ord. No. 1-2008; 3-9-2015 by Ord. No. 3-2015; 9-19-2016 by Ord. No. 27-2016]

A. The Designed Shopping Center District, consisting of 83.1 acres, is exclusively for a planned shopping center.

B. Permitted uses. Only the following uses and the conduct of the following businesses are permitted:

(1) Retail stores, personal services establishments, restaurants, cafes, not more than 15,000 square feet of space for providing continuing education, training or orientation for persons in the healthcare field, and one food court consisting of a central seating area with a variety of food vendors contiguous to that seating area.

[Amended 3-13-2023 by Ord. No. 3-2023]

(2) One indoor family entertainment center providing interactive lifestyle and sports activities including but not limited to: a) playground structures; b) classes and parties; c) amusement devices located in an area within the entertainment center not to exceed 250 square feet of the floor area of such center; d) competitive games such as laser tag; e) serving food items and nonalcoholic beverages; and f) selling related themed merchandise. Children under age eight must be accompanied by a parent.

[Amended 10-19-2020 by Ord. No. 16-2020]

(3) One auto center for the sale and installation of tires, tubes, automobile accessories, mufflers, shock absorbers and seat covers.

(4) One freestanding hotel offering temporary lodging accommodations to the general public that may include, as facilities and services: food and beverage services for residents and their guests, meeting rooms, a fitness room, indoor and/or outdoor swimming pool(s), a hotel snacks and sundries shop, and personal/business services. Such hotel shall not exceed building coverage of 45% of the lot that contains the hotel, may have up to 160 guest units consisting of single rooms and suites, that may include bathrooms, partially or fully equipped kitchens, washers and dryers.

(5) One freestanding one-story restaurant building, not to exceed 8,000 square feet gross floor area. Restaurant shall be a full service establishment in which customers can be served meals at a table receiving wait service and typically pay at the end of the meal.

(6) In the principal mall building, residential quarters may be provided for one caretaker or watchman, and his family.

C. Prohibited uses. No building, structure or premises other than as permitted in this § 170-113 shall be built, erected or altered to be used for any use prohibited in § 170-108B, or as a gasoline or service center, or for manufacturing, or for residences except residences or lodgings specifically permitted in this § 170-113.

D. Required conditions.

(1) Height of building. No building shall exceed a height of 35 feet above mall level grade except that:

(a) The Planning Board may permit facades at mall principal building entrances to have not exceeding 52 feet in height for architectural interest.

(b) The freestanding hotel shall have no more than four stories and the height shall not exceed 52 feet above the highest NJDEP regulatory flood level at the building's location.

(c) The freestanding restaurant building shall not exceed a height of 28 feet.

(2) Setbacks. No building in the D-S District shall be erected closer than 400 feet to the northerly boundary line of the district nor closer than 200 feet to any other district boundary line, except as follows:

(a) The auto center, as above described, shall have a setback of 400 feet from the northerly boundary line of the district, 300 feet from Eisenhower Parkway and 200 feet from Walnut Street.

(b) A freestanding hotel, as above described, shall have setbacks of 200 feet from Walnut Street, 25 feet from South Orange Avenue and 12 feet from the mall ring road at its nearest point.

(c) A freestanding restaurant building, as above described, shall have setbacks of 50 feet from Walnut Street, 25 from South Orange Avenue and 275 feet from the freestanding hotel.

(d) The principal mall building shall have a setback of 300 feet from Eisenhower Parkway.

(3) Off-street parking. Off-street parking shall be provided as regulated by § 170-94 and this § 170-113 and shall be provided only within the D-S District; provided, however, that no such parking area shall be located closer than 50 feet to Walnut Street, or 12 feet to South Orange Avenue or to the northerly boundary line of the District, or 15 feet to Eisenhower Parkway. The required number of parking spaces shall be:

(a) For a permitted freestanding hotel: 1.0 space per guest room or suite.

(b) For all other uses: not less than 4.25 spaces per 1,000 square feet of gross leasable area, which shall include for purposes of this section the total floor area of the other building or buildings erected in the D-S District designed for tenant occupancy and use, including basements, mezzanines and upper floors, if any, expressed in square feet measured from the center line of joint partitions and from outside wall faces, but excluding service or fire corridors, truck loading facilities, toilet facilities and housings for mechanical and electrical equipment. Off-street parking shall be permitted in the power line right-of-way area in the district, provided that permission for such use is first obtained from the owner thereof. If such area is so used for off-street parking, the requirements herein set forth shall apply.

(c) For all uses parking need not be on the same lot as a principal building if the aggregate parking requirements for the D-S District are met by one or more joint parking programs approved by the Planning Board.

(4) Landscaping. Those portions of the D-S District that are not used for off-street parking that lie within 50 feet of Walnut Street, or 12 feet of South Orange Avenue and the northerly boundary line of the district shall be appropriately screened with such fences, trees, shrubs, plants and grass lawns as may be required by the Planning Board. Landscaping in other parts of the shopping center shall be in accordance with plans submitted by the owner's landscape architect and approved by the Planning Board. All landscaping shall be adequately maintained by the owners.

(5) Maximum gross floor area. The total gross floor area permitted in the D-S District shall not exceed 1,362,000 square feet.

(6) Maximum total impervious coverage. The total impervious coverage within the D-S zone inclusive of all lots shall not be more than 90%.

(7) Minimum lot size. The minimum lot size in the D-S District is 2.0 acres.

§ 170-114 D-S2 Designed Shopping Center District.

A. Construction and occupancy permits. Before the Construction Official shall issue any construction permit for the erection within the D-S2 District of a building or buildings, the Planning Board shall review and approve, in accordance with Article 9, a site plan of the proposed shopping center showing traffic circulation and strict compliance with all requirements of this section. The site plan shall be accompanied by a statement, in writing, signed by the owner showing the number of square feet to be contained in the building or buildings to be initially erected within said district, and the Construction Official shall not issue any construction permit unless and until an application therefor, accompanied by final plans and specifications complying with the requirements of the New Jersey State Uniform Construction Code for the construction of a building or buildings containing at least 100,000 square feet of floor, is filed with him. The Planning Board will entertain proposed revisions and modifications of such plans and specifications subsequently submitted by the owner. Site preparation, including filling and grading, storm and sanitary drainage and installation of utilities, will be permitted prior to the filing of application for the construction permit

B. Permitted uses. The D-S2 Designed Shopping Center District is intended exclusively for the following uses and for the conduct therein of the following businesses catering primarily to residents of the Township of Livingston, but also to residents of surrounding municipalities: retail stores, personal services establishments, business and professional offices, banks, indoor/outdoor restaurants and cafes. In addition, drive-up banking facilities may be permitted, but only as an integral part of a regular banking facility and subject to a determination by the Planning Board that the location and vehicular access for any such facility will not cause any traffic or public safety problems. In this zone, no premises or any part thereof shall be used, and no building or structure shall be built, erected in whole or in part, for any other purpose. However, more than one principal building on a single lot is permitted. Also permitted in this zone are conditional uses as permitted and regulated in § 170-88 of this chapter, and accessory uses or structures incident to the principal uses permitted or as may be approved by the Planning Board.

C. Prohibited uses. No building structures or premises within the D-S2 District shall be built, erected or altered to be used primarily for the manufacturing or residences or for any other use which is not expressly permitted. Fully enclosed pedestrian shopping malls are prohibited. Except for required service or fire corridor/stairs and off-street loading areas, retail shopping facilities and all other uses shall be accessed from exterior entrances only. Gasoline or service stations, as described and permitted in § 170-88, are prohibited. Movie theaters and amusement devices, including video and arcade games, are prohibited. Any commercial establishment which has as its principal business the retail sale of or service of electronic smoking devices, liquid nicotine or vapor products is prohibited. Any commercial establishment engaged in the retail or wholesale sale of any drug paraphernalia, as defined in Chapter 122, Drug Paraphernalia, of the Code of the Township of Livingston, is prohibited.

[Amended 8-6-2018 by Ord. No. 9-2018]

D. Required conditions. Before a construction or occupancy permit is issued, all of the following requirements must be complied with within the D-S2 District:

(1) Height of building(s). No principal or accessory building or structure shall exceed a maximum height of the lesser of 35 feet or two stories, provided that the average height of any building or structure shall not exceed 28 feet. In addition, in the event that a building contains the second floor, the use of any second floor area or portion thereof shall be physically connected by internal interior access, excluding access involving any common area, to the floor below, and each multistory use shall be occupied by the same user.

(2) Setbacks. No building in the D-S2 District shall be erected closer than 50 feet from any property line, or closer than 100 feet from Eisenhower Parkway, or closer than 75 feet from West Mount Pleasant Avenue, except that no more than one building may be set back not less than 30 feet from Executive Parkway. Parking areas, as required in this section, shall be permitted in the setback areas; provided, however, that no such parking area, exclusive of access drives or aisles, shall be located closer than 50 feet from West Mount Pleasant Avenue or, inclusive of access drives or aisles, 35 feet from Eisenhower Parkway. No other parking area shall be located within 15 feet of any property line, except where off-premises parking on contiguous property is proposed under a shared parking arrangement.

[Amended 6-6-2011 by Ord. No. 24-2011]

(3) Landscaping. Those portions of the D-S2 District that are not used for off-street parking, access drives or aisles and which lie within 50 feet of Eisenhower Parkway shall be landscaped with such trees, shrubs, plants and grass lawns as may be required by the Planning Board. Said portions of the property shall be adequately maintained by the owner. Landscaping in other parts of the shopping center, which may include sculptures, art, waterscapes, fountains, etc., shall be in accordance with plans submitted by the owner's landscape architect and approved by the Planning Board at the time of site plan approval. Landscaping in parking areas shall be in accordance with § 170-94A(9).

(4) Off-street parking.

(a) Except as expressly permitted in this section, all parking areas shall be provided within the confines of the D-S2 District and shall be in accordance with the requirements in § 170-94 of this chapter. In determining the required number of parking spaces as set forth in § 170-94, floor area in the D-S2 Zone, means the total floor area of the building or buildings erected in the D-S2 District designed for tenant occupancy and use, including upper floors, if any, expressed in square feet measured from the center line of joint partitions and from the outside wall faces, but excluding basements, service or fire corridors, truck-loading facilities, toilet facilities and housings for mechanical and electrical equipment. The site plan shall designate the specific use of each portion of each building with reference to the use categories set forth in § 170-94E(1) for purposes of calculating the minimum number of required off-street parking spaces. Any subsequent change in use of any portion of a building shall be subject to site plan approval in accordance with § 170-61A. A shared parking arrangement may include off-premises parking on contiguous property or other property which, in the reasonable discretion of the Planning Board, is deemed adequate after considering such factors as the distance from the shopping center to be served, the convenience and safety of pedestrians, vehicular access, adjacent land uses, etc., and provided that the applicant either owns such off-premises parking area(s) or holds such area(s) under irrevocable lease having a term of at least 50 years. If such area(s) is so used for off-street parking, the requirements herein set forth shall apply, except that the Planning Board may require additional landscaping or buffering.

(b) Nothing contained herein shall be construed to prohibit off-street parking to be installed under a building.

(5) Maximum floor area ratio. The total floor area within all structures on any lot within the D-S2 Zone shall be not more than 25% of the total lot area.

(6) Maximum total impervious coverage. The total impervious coverage on any lot within the D-S2 Zone shall be not more than 65% of the total lot area.

§ 170-115 R-L Research Laboratory District.

[Amended by Ord. No. 34-2003]

A. Primary intended use.

(1) The R-L Research Laboratory District is designed for:

[Amended 4-9-2007 by Ord. No. 8-2007]

(a) Executive and administrative offices;

(b) Scientific or research facilities or laboratories, including incidental pilot plants for the testing of products or materials as an accessory to the research facility or laboratory; provided that in no case shall more than 25% of the total floor area of any building or structure be used for such accessory use;

(c) Private primary and secondary schools, including accessory laboratories, auditoriums, athletic facilities, fields and their spectator stands and score boards;

(d) Ambulatory care facilities;

(e) Long-term acute care facilities;

(f) Continuing care facilities;

(g) Financial institutions other than banks; and

(h) Computer and data processing centers.

(2) Before a construction or occupancy permit is issued for any use in the R-L District, the Planning Board shall review and approve a preliminary and final site plan of the proposed use.

B. Prohibited uses. Any use other than those uses permitted in § 170-115A is prohibited, and more particularly none of the following uses shall be permitted:

(1) Retail sales or services unless an integral part of the principal building, provided that such sales or services are designed for the convenience of the employees and visitors of the permitted principal building.

(2) Residential construction.

(3) Any use that does not conform to the performance standards of this section.

(4) Manufacturing or any use prohibited in the I Limited Industrial District.

C. Required conditions.

(1) Height of building. No building shall exceed a maximum height of 28 feet; provided, however, that principal buildings and auditoriums of private primary and secondary schools shall not exceed a maximum height of 35 feet.

[Amended 9-21-2009 by Ord. No. 30-2009]

(2) Front yard. There shall be a front yard of not less than 100 feet, except that in the case of a lot or lots fronting on South Orange Avenue, the front yard shall be not less than 200 feet.

(3) Side yard. There shall be a side yard on each side of the building, neither of which shall be less than 75 feet in width.

(4) Rear yard. There shall be a rear yard of not less than 100 feet.

(5) Parking.

(a) Provision shall be made for off-street parking in accordance with the requirements of § 170-94. Such off-street parking area or areas shall be permitted in the front, side and rear yards; provided, however, that no such parking area shall be located closer than 10 feet to any building, and provided further that:

[1] No front yard parking area shall be located within 100 feet of the front street right-of-way line, except in the case of a lot or lots fronting on South Orange Avenue where no front yard parking area shall be located within 150 feet of the right-of-way line of South Orange Avenue; nor shall any such front yard parking area be located within 20 feet of the side lines of any lot.

[2] On interior lots, no side yard parking area shall be located within 20 feet of the side lines of the lot.

[3] On corner lots, no parking shall be permitted within 100 feet of any side street right-of-way line.

[4] Where a lot abuts a residence district, no parking shall be permitted within 50 feet of such residential zone.

(b) Nothing contained herein shall be construed to prohibit off-street parking to be installed under a building.

(6) Storage. All materials and equipment shall be stored in completely enclosed buildings.

(7) Minimum floor area. Every principal building hereafter constructed in the R-L Zone shall have a minimum ground floor area of 20,000 square feet.

(8) Minimum lot area. There shall be a minimum lot area of 10 acres, and every lot must have a minimum street frontage of at least 400 feet.

(9) Access. No service road or driveway shall be permitted in any abutting residential zone situated either in the Township of Livingston or the Township of Millburn.

(10) District boundary line restrictions. In the R-L Zone, no building shall be built, erected or constructed within 200 feet of the boundary line of any residence district.

(11) Maximum floor area ratio. The total floor area within all structures on any lot within the R-L Zone shall not be more than 40% of the total lot area.

(12) Maximum total impervious coverage. The total imperious coverage on any lot within the R-L Zone shall not be more than 75% of the total lot area.

D. Performance standards.

(1) No use of land or building shall be permitted in the R-L Zone which will result in any:

(a) Dissemination of smoke, fumes, gas, dust, odor or any other atmospheric pollutant beyond the boundaries of the lot occupied by such use.

(b) Noise audible beyond the boundaries of the immediate site.

(c) Dissemination of glare or vibration beyond the immediate site on which such use is conducted.

(d) Discharge of any traffic into any street other than a county road or nonresidential service street.

(e) Discharge of waste of any kind into any reservoir, pond or lake. The discharge of any untreated waste into a stream shall be prohibited. All methods of sewage and industrial waste treatment and disposal shall be provided by the owner without cost or expense to the Township and shall be approved by the Township and the New Jersey Department of Environmental Protection.

(2) An application for any construction permit or certificate of occupancy in the R-L Zone shall be submitted, in duplicate, to the Construction Official. The applicant shall also submit, in duplicate, all plans of the proposed construction and development, including a description of the proposed machinery operation and products as well as an affidavit of the applicant acknowledging his understanding of the applicable performance standards and his agreement to conform to the same at all times. 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 Manager. The Township Manager shall investigate the alleged violation and for such investigation may employ qualified experts. If the experts find such a violation exists, the cost of the experts' service shall be paid by the violator. If there be no violation, the Township shall pay said costs.

E. Hazard. No use of land or building shall result in a physical hazard to property in the same or adjacent zone by reason of fire, explosion, radiation or similar cause.

F. Permitted accessory uses. The following accessory uses are permitted in the R-L District:

[Amended 4-9-2007 by Ord. No. 8-2007]

(1) Primary and secondary schools may:

(a) Conduct or retain outside providers to conduct programs to promote or prepare students for application to continued or higher education. Attendance at such programs shall not be limited to students attending such school.

(b) Conduct activities established or maintained by the school, or by others with consent of the school, that are customarily incidental to a school or school facility that is a primary intended use, including but not limited to permitting other schools, summer day camps, organizations, or governmental units or agencies, to utilize auditoriums, classrooms, dining room, and athletic and recreational facilities and fields.

[Amended 9-21-2009 by Ord. No. 30-2009]

(2) A long-term acute care facility or continuing care facility under common ownership or control with, and operated in conjunction with, an ambulatory care center shall be deemed to be a use accessory to the ambulatory care center when both are together on a site of not less than 10 acres.

(3) A child-care center serving children of employees and/or customers of a primary use and accessory to such primary use.

[Amended 9-21-2009 by Ord. No. 30-2009]

§ 170-116 R-L2 Research Laboratory District.

A. Primary intended use. The R-L2 Office Building and Research Laboratory District is designated to permit the same uses as permitted and regulated in § 170-115A of this chapter and therapeutic and life skills centers for persons with developmental disabilities. Before a construction or occupancy permit is issued for any use in the R-L2 District, the Planning Board shall review and approve a preliminary and final site plan of the proposed use.

[Amended 5-23-2016 by Ord. No. 20-2016]

B. Prohibited uses. Any use other than those uses permitted in § 170-115A is prohibited, and more particularly none of the following uses shall be permitted:

(1) Retail sales and services unless an integral part of the principal building, provided that such sales or services are designed for the convenience of the employees and visitors of the permitted principal building.

(2) Residential construction.

(3) Any use that does not conform to the performance standards of § 170-115D.

(4) Manufacturing or any use prohibited in the I Limited Industrial District.

C. Required conditions.

(1) Height of building. No building shall exceed a maximum height of 28 feet.

(2) Front yard. There shall be a front yard of not less than 75 feet.

(3) Side yard. There shall be a side yard on each side of the building, neither of which shall be less than 50 feet in width.

(4) Rear yard. There shall be a rear yard of not less than 75 feet.

(5) Parking. Provision shall be made for off-street parking in accordance with the requirement of § 170-94. Such off-street parking area or areas shall be permitted in the front, side and rear yards; provided, however, that no such parking area shall be located closer than 10 feet to any building, and provided further that:

(a) No front yard parking area shall be located within 50 feet of the front street right-of-way line.

(b) Parking shall not be located within 15 feet of any property line.

(c) On corner lots, no parking shall be located within 50 feet of any side street right-of-way line.

(d) Where a lot abuts a residence district, no parking shall be permitted within 50 feet of such residential zone.

(e) Nothing contained herein shall be construed to prohibit off-street parking to be installed under a building.

(6) Storage. All materials and equipment shall be stored in completely enclosed buildings.

(7) Minimum floor area. Every principal building hereafter constructed in the R-L2 Zone shall have a minimum ground floor area of 10,000 square feet.

(8) Minimum lot area. There shall be a minimum lot area of five acres, and every lot must have a minimum street frontage of at least 200 feet.

(9) Access. No service road or driveway shall be permitted in any abutting residential zone.

(10) District boundary line restrictions. In the R-L2 Zone, no building shall be built, erected or constructed within 100 feet of the boundary line of any residence district.

(11) Maximum floor area ratio. The total floor area within all structures on any lot within the R-L2 Zone shall not be more than 40% of the total lot area.

(12) Maximum total impervious coverage. The total impervious coverage on any lot within the R-L2 Zone shall not be more than 75% of the total lot area.

D. Performance standards. No use of land or building shall be permitted in the R-L2 Zone unless it conforms to all performance standards as set forth in § 170-115D of this article.

§ 170-117 I Limited Industrial District.

[Amended by Ord. No. 3-1996; 12-1-2014 by Ord. No. 26-2014]

A. Primary intended use. The intensity of operations of any permitted use shall not exceed the limitations imposed by the performance standards hereinafter set forth in this section. Before a construction or occupancy permit is issued for any use in the I Zone, the Planning Board shall review and approve a preliminary and final site plan of the proposed use. The I Limited Industrial District is designed for:

(1) Business and professional offices.

(2) Research laboratories.

(3) Limited industrial, manufacturing, assembly and packaging uses.

(4) Maintenance and warranty servicing of finished products.

(5) Direct sale of supplies to tradesmen, such as plumbing, heating, air conditioning and electrical contractors.

(6) Moving and storage operations and self-storage facilities.

(7) Postal, parcel and courier mailing, shipping and delivery services.

(8) Printing and duplicating.

(9) Health and fitness centers.

(10) Bowling alleys not exceeding 15 lanes.

(11) Indoor sports training facilities for tennis, handball, basketball, volley ball, soccer, baseball, softball.

(12) Studios for dance, music, art, crafts, photography, martial arts and other skills.

(13) An event hall that rents space, providing tables, chairs, decor, sound systems and other related services, to individuals or legal entities for the purpose of having a banquet, meeting, celebration, wedding, birthday or other private event. An event hall may offer packages that include food, beverages, flowers, photography, printed invitations and other items related to a particular event on the premises, provided that each of those services is offered by a person or business entity having any necessary Township occupation license or permit and complies with all applicable Township, county and state law. Whenever the event hall operator seeks to provide additional services not listed in this subsection, it shall be necessary that the operator obtain any additional license or permit necessary for those particular services.

B. Prohibited uses.

(1) Unless there is compliance with the performance standards set forth in § 170-117E, no land or building shall be used, or occupied for a use which will in any manner create any:

(a) Dangerous, injurious, noxious or other objectionable condition.

(b) Fire, explosive, radioactive or other hazard.

(c) Noise or vibrations.

(d) Smoke, dust, odor or other form of air pollution.

(e) Heat, cold, dampness or movement of air.

(f) Electrical or other disturbance.

(g) Glare.

(h) Liquid or solid waste in any manner or amount.

(2) In addition, the following uses are specifically prohibited:

(a) Residential use of any kind.

(b) Breeding, raising, sale or slaughtering of animals or birds.

(c) Personal services.

(d) Commercial incineration.

(e) Junkyards.

(f) Rubbish, garbage or trash dumps, except by the Township or its agent.

(g) Retail sales, other than sales of clothing or equipment accessorial to activities on premises pursuant to any of Subsection A(9) through (12) above.

(h) The outdoor storage of construction or contractor's equipment and materials, except during the course of construction at or on the premises. The provisions of § 170-87N shall not be deemed or construed to apply to the outdoor storage of the equipment or materials referred to in this subsection.

(i) Outdoor recreational or sports facilities.

(j) Event halls are prohibited to operate, or permit utilization of, the premises for an event open to the general public, and no entrance/admission fee shall be charged at any event.

C. Required conditions.

(1) No building shall exceed a maximum height of 28 feet.

(2) Front yard. There shall be a front yard of not less than 50 feet. Off-street parking is permitted in the front yard, provided that:

(a) No parking area shall be located within 50 feet of the front street right-of-way line or of the Eisenhower Parkway right-of-way line.

(b) No parking area shall be nearer than 10 feet to any building.

(c) No parking area on a corner lot shall be closer than 50 feet to a side street right-of-way line.

(3) Side yards. There shall be two side yards, neither of which shall be less than 40 feet, provided, however, that if the lot has an average width of less than 200 feet, a side yard shall not be less than 20% of such average width, and further provided that no side yard shall be less than 20 feet. The aggregate width of the two side yards must equal at least 35% of the lot width at the building line. The side yards may be used for off-street parking, provided that no parking area shall be nearer than 10 feet to any building nor 50 feet to a side street right-of-way line.

(4) Rear yard. There shall be a rear yard of at least 60 feet. The rear yard may be used for off-street parking, provided that no parking area shall be nearer than 10 feet to any building nor 50 feet to a side street right-of-way line on any corner lot.

(5) Minimum lot area. There shall be a minimum lot area of 40,000 square feet, which must be measured within 270 feet of the front street property line.

(6) Maximum floor area ratio. The total floor area within all structures on any lot within the I Zone shall not be more than 40% of the total lot area.

(7) Maximum total impervious coverage. The total impervious coverage on any lot within the I Zone shall not be more than 75% of the total lot area.

(8) Off-street parking. Off-street parking shall be provided as required in § 170-94 of this chapter.

D. Permits and operations. An application for any construction permit or certificate of occupancy in the I Zone shall be submitted, in duplicate, to the Construction Official. The applicant shall also submit, in duplicate, all plans of the proposed construction and development, including a description of the proposed machinery operation and products as well as an affidavit of the applicant acknowledging his understanding of the applicable performance standards and his agreement to conform to the same at all times. 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 Manager. The Township Manager shall investigate the alleged violation and for such investigation may employ qualified experts. If the experts find such a violation exists, the cost of the experts' service shall be paid by the violator. If there was no violation, the Township shall pay said costs.

E. Performance standards. Before the issuance of any construction or occupancy permit for any use in the I Zone, all of the following regulations must be complied with:

(1) Fire and explosion hazards. All activities shall be carried on only in buildings classified as fireproof by the BOCA Basic Building Code which is part of the New Jersey State Uniform Construction Code, and the operations shall be carried on in such a manner and with such precaution against fire and explosion hazards, as to produce no such hazard, as determined by the New Jersey Inspection Bureau, to a use on an adjacent property. All raw materials, fuels and finished products shall be stored within an entirely closed building. Flammable liquids, other than fuels used for heating, shall be stored in an entirely closed building which shall be used for no other purpose, or in underground tanks; provided, however, that:

(a) Such storage building is not closer than 100 feet to any building occupied by one or more humans.

(b) The storage of more than 250 gallons of any flammable liquid in said storage building is prohibited.

(2) Smoke, fumes, gases, dust and odors. There shall be no emission of any smoke, fumes, gas, dust, odors or any other atmospheric pollutant which will disseminate beyond the boundaries of the lot occupied by such use.

(3) Liquid or solid waste. No industrial operation shall discharge industrial waste of any kind into any reservoir, pond or lake. The discharge of untreated industrial waste into a stream is prohibited. All methods of sewage and industrial waste treatment and disposal shall be approved by the Township and the State Department of Environmental Protection.

(4) Vibration. There shall be no vibration which is discernible to the human sense of feeling beyond the immediate site upon which such use is conducted.

(5) Noise. There shall be no noise emanating from the operation or use which will be audible beyond the boundaries of the immediate site.

(6) Glare. There shall be no direct or sky-reflected glare exceeding 0.5 footcandle, measured at the property line of the lot occupied by such use. This regulation shall not apply to lights used at the entrance or exits of service drives leading to a parking lot.

(7) Nuisances. No store, shop, facility, office or other use within the district shall use any noise-making instruments, such as phonographs, loudspeakers, amplifiers, radios, television sets or similar devices, which are so situated as to be heard outside the building. No smoke, fumes or objectionable odors shall be emitted from any building. The display of merchandise placed on the exterior premises of any building is prohibited.

(8) Bowling alleys, indoor tennis, handball, basketball, volley ball and sports training facilities, studios for crafts, dance, music, art, photography, martial arts and other skills may be used by affinity groups not exceeding 40 persons for events of such a sport or skill; provided always that at no time shall more than one such event be held in a building.

§ 170-118 CI Commercial Industrial District.

[Added by Ord. No. 3-1996]

A. Permitted uses. In the CI Commercial Industrial District, only the following uses are permitted:

(1) Retail trade.

(a) Retail sales stores.

(b) Showroom sales intended for display of merchandise, but where merchandise is only ordered by the purchaser.

(c) Tradesmen product sales, such as plumbing, heating, air conditioning and electrical contractors.

(2) Wholesale trade.

(a) Wholesale stores and showrooms involving sale in bulk or quantity to retailers or others for resale to the ultimate consumer.

(b) Wholesale distribution centers.

(3) Manufacturing/industry.

(a) Fabrication, assembly, packaging and treatment of products.

(b) Laboratories for research, design and experimentation, but not involving biological research, development or testing of organic, chemical or potentially hazardous products, materials or substances.

(c) Warehouses, including self-storage facilities (mini-warehouses).

(d) Building and construction contractor equipment storage buildings, but not including outdoor storage of equipment and materials.

(e) Moving and storage operations.

(f) Maintenance and warranty servicing of finished products.

(g) Postal, parcel and courier mailing, shipping and delivery services.

(4) Office and related business services.

(a) Executive, professional and administrative activities.

(b) Banks and financial institutions.

(c) Computer and data processing centers.

(d) Business and personal service offices.

(5) Services/recreation/entertainment.

(a) Hotels and lodging facilities.

(b) Printing and duplicating.

(c) Health and fitness centers, including indoor tennis, racquetball, swimming, skating, bowling and the like.

(d) Theaters for the performing arts.

(e) Professional studios for dance, music, art, photography, etc.

(f) Art galleries and libraries.

(g) Funeral homes.

(h) Day-care facilities, including child-care and adult-care centers.

(i) Business and vocational schools.

(j) Animal hospitals and clinics, but not including kennels of the outdoor keeping of animals.

(k) Restaurants limited to establishments wherein patrons seated at tables are served food and beverage by table servers.

(l) Catering facilities.

(m) Cafes.

[Added 4-17-2006 by Ord. No. 18-2006]

(6) Health services.

(a) Nursing homes.

(b) Physical and mental health rehabilitation centers.

(7) Public/semipublic uses.

(a) Public parks and recreation facilities.

(b) Government buildings and uses.

(c) Nonprofit clubs, lodges, civic and fraternal organizations.

(8) Conditional uses.

(a) New motor vehicle dealerships.

B. Prohibited uses. The following uses are specifically prohibited:

(1) Residential use of any kind.

(2) Any business conducted outside the confines of a building unless otherwise specifically permitted.

(3) Building material yards.

(4) Chemical or fuel products storage.

(5) Motor vehicle service stations and public garages.

(6) The breeding, raising or slaughtering of animals.

(7) Outdoor amusements of any kind.

(8) Any operation exceeding the limits of performance standards established by ordinance or by federal and state regulations.

(9) Any retail store that occupies a gross floor area exceeding 60,000 square feet which involves any of the following:

(a) Combined storage or warehousing and display of merchandise or the display of merchandise on pallets or similar portable platforms.

(b) Display of merchandise to be sold which cannot be accessed without the use of ladders, lifts, movable stairways or mechanical equipment.

(c) Any storage or display outside the confines of a building.

(d) Primarily intended for the sale of individual products in multiple numbers, in large quantity or in bulk.

(10) Any commercial establishment which has as its principal business the retail sale of or service of electronic smoking devices, liquid nicotine or vapor products.

[Added 8-6-2018 by Ord. No. 9-2018]

(11) Any commercial establishment engaged in the retail or wholesale sale of any drug paraphernalia as defined in Chapter 122, Drug Paraphernalia, of the Code of the Township of Livingston.

[Added 8-6-2018 by Ord. No. 9-2018]

C. Required conditions. The following conditions shall be complied with in the CI Commercial Industrial District:

(1) Height. No building shall exceed a height of 28 feet.

(2) Front yard.

(a) There shall be a front yard of not less than 50 feet. Off-street parking is permitted in the front yard, provided that:

[1] No parking area shall be located within 50 feet of the front street right-of-way line.

[2] No parking area shall be nearer than 10 feet to any building.

[3] No parking on a corner lot shall be closer than 50 feet to a side street right-of-way line.

(b) Notwithstanding any other provisions of this section to the contrary, no building or structure or automobile parking lot shall be located closer than 100 feet to the right-of-way line of Mount Pleasant Avenue (Route No. 10), except signs as herein regulated.

(3) Side yards. There shall be two side yards, neither of which shall be less than 40 feet; provided, however, that if the lot has an average width of less than 200 feet, a side yard shall not be less than 20% of such average width, and further provided that no side yard shall be less than 20 feet. The aggregate width of the two side yards must equal at least 35% of the lot width at the building line. The side yards may be used for off-street parking, provided that no parking area shall be nearer than 10 feet to any building nor 50 feet to a side street right-of-way line.

(4) Rear yard. There shall be a rear yard of at least 75 feet. The rear yard may be used for off-street parking, provided that no parking area shall be nearer than 10 feet to any building nor 50 feet to a side street right-of-way line on any corner lot.

(5) Minimum lot area. There shall be a minimum lot area of 65,000 square feet, which must be measured within 325 feet of the front street property line.

(6) Minimum lot width. There shall be a minimum lot width measured at the front yard setback line of 200 feet.

(7) Maximum floor area ratio. The total floor area within all structures on any lot within the CI Zone shall not be more than 30% of the total lot area.

(8) Maximum total impervious coverage. The total impervious coverage on any lot within the CI Zone shall not be more than 75% of the total lot area.

(9) Multiple retail uses. A building shall be limited to a maximum of four retail uses when served from separate entrances in the same building elevation.

(10) Number of principal buildings. No lot containing less than five acres shall contain more than one principal building. There shall be at least 2 1/2 acres for each principal building.

(11) Off-street parking. Off-street parking shall be provided as required in § 170-94 of this chapter.

D. General limitations and requirements. The following limitations and requirements shall apply.

(1) There shall be no outdoor display, storage or sale of products, equipment and materials unless specifically permitted.

(2) There shall be no vehicular access to or from a state highway unless the property has no other access.

(3) All loading and unloading operations shall be located in a side or rear yard, but in no event in a yard facing on a state highway.

E. Permits and operations; performance standards. An application for development in the CI Commercial Industrial District shall be subject to the procedures in § 170-117D and shall comply with the performance standards in § 170-117E.

§ 170-118.1 Alternative small energy systems.

[Added 11-7-2011 by Ord. No. 32-2011]

A. Purpose: establishing reasonable regulations for installation and operation of small wind energy systems and small solar energy systems that will provide opportunity for residents and businesses to realize potential savings in the cost of energy while establishing standards for the size and location of such systems.

B. Definitions. The following words and expressions, and their derivations, as used in this section, shall have the following meanings unless the context indicates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

HEIGHT OF

(1) GROUND-MOUNTED SMALL SOLAR ENERGY SYSTEM The highest point from ground level of any solar panel.

(2) GROUND-MOUNTED SMALL WIND TURBINE SYSTEM The distance from ground level to the tip of a wind generator blade when the tip is at its highest point, or to the highest point of its protective casing, whichever is the greater.

(3) GROUND-MOUNTED SMALL WIND TURBINE SYSTEM TOWER The distance from ground level to the top of the tower, excluding the wind turbine.

(4) ROOF-MOUNTED SMALL WIND TURBINE SYSTEM The height of the tip of the wind generator blade, when the tip is at its highest point, or of its housing, whichever is the greater, measured from the highest point on which the generator's structural support is mounted. For a roof-mounted system straddling the peak of a roof, the measurement shall be made from the peak over which it stands.

PHOTOVOLTAIC ROOF SHINGLES

Building-integrated photovoltaic units that convert solar energy to electricity and may be installed in place of or in addition to conventional roof shingles and function as a solar panel component of a small solar energy system.

SELF-CONTAINED SMALL SOLAR ENERGY SYSTEM

Small individual units consisting of an integrated photovoltaic solar energy generator and solar-powered light and intended for limited uses such as, but not limited to, low-level illumination of on-site residential walkways, driveways or gardens. Power generated is for use only by the lighting unit itself. Such units are not subject to this § 170-118.1.

SMALL SOLAR ENERGY SYSTEM

A photovoltaic solar energy generator used for the production of electricity, or the heating of water, and primarily intended for on-site consumption, as well as all associated equipment, including solar panels, any base, foundation, structural support, wiring, batteries, power inverter or conditioning equipment or charge controller, and any equipment used to connect to the public utility grid.

SMALL WIND ENERGY SYSTEM

A wind turbine used to generate electricity, and all the turbine's associated equipment, including any base, foundation, tower or other supporting structure, rotor, blades, vane, transformer, wires, power inverter or conditioning equipment, batteries, and any equipment used to connect to the public utility power grid. The system must provide means for transmitting power to and receiving power from the public utility grid. Such a system shall have a nameplate capacity of 100 kilowatts or less and shall be used to generate electricity primarily intended for on-site consumption. If the system is roof mounted, the capacity shall not exceed 500 watts.

SOLAR PANEL

A number of interconnected photovoltaic cells for the creation of electric power. Solar panels can be interconnected to form a modular array.

TOWER

A freestanding structure erected for the purpose of supporting the wind turbine of a ground-mounted small wind energy system.

WIND TURBINE

Machinery that converts kinetic wind energy into rotational energy that drives an electrical generator in a small wind energy system.

C. Permitted as accessory uses or structures. Small wind energy systems and small solar energy systems as defined herein and meeting the requirements of this § 170-118.1 are permitted accessory uses or structures in specified zoning districts when primarily intended to provide energy for consumption on site. However, this primary intention provision shall not be interpreted to prohibit the sale of excess power generated by such systems when in accordance with procedures and regulations established by the New Jersey Board of Public Utilities. Such accessory uses or structures must meet applicable zoning bulk requirements not in conflict with requirements of this § 170-118.1.

(1) In R-1, R-2, R-3, R-4 and R-5E single-family Residence Districts, the following are permitted:

(a) One roof-mounted small wind-powered system with a height of not more than 15 feet, and with turbine blade diameter from tip to tip not greater than 72 inches. The nameplate capacity shall not exceed 500w; or

(b) One roof-mounted small solar energy system array; and/or

(c) A ground-mounted small solar energy system in a fenced rear yard with a footprint of not more than 20% of the square footage of the rear yard and meeting the setback requirements for an accessory structure.

(2) In the R-5A, R-5B, R-5C, R-5D, R-5F, R-5G, R-5H, R-5I, R-6 and AH Districts:

(a) On any townhouse or single-family residence, a roof-mounted small solar energy system array.

(b) On any multifamily building, a roof-mounted small solar energy system array.

(c) In addition, in the R-5A and R-5B districts, freestanding ground-mounted small wind energy system(s) meeting the height and setback requirements in § 170-118.1D below.

(3) In the B, B-1, B-2, P-B, P-B1, P-B3, D-S, D-S2, R-L, R-L2, I and CI Districts:

(a) A roof-mounted small solar energy system array on the principal building.

(b) A ground-mounted small solar energy system in a rear yard with a footprint of not more than 20% of the square footage of the rear yard and meeting the setback requirements for an accessory structure.

(c) Small solar energy system arrays mounted as sunshades over parking spaces in the rear yard.

D. Required conditions.

(1) Ground-mounted small wind energy system:

(a) Maximum height: 90 feet.

(b) Minimum height: 30 feet.

(c) Maximum rotor diameter:

[1] For a maximum height of 30 feet: six feet.

[2] For a height of 90 feet: 60 feet.

(d) Minimum tower setback:

[1] From property lines: 150% of system height.

[2] From occupied structures on the site: 100 feet.

[3] From other towers on the site: five times rotor diameter.

(e) Noise level limit. Sound levels shall not exceed 55 dBa at the site property lines, except that such limit may be exceeded during short-term emergencies such as utility outages or severe windstorms.

(f) Multiple towers on a property shall each meet the height and setback requirements above, and the aggregate sound level shall not exceed 55dBa at the site property lines.

(g) Security and safety.

[1] All moving parts shall be at least 15 feet above ground level.

[2] No ladders, step bolts or other elements designed as means for climbing the tower shall be within 12 feet of ground level.

[3] All guy wires and all components of the small wind energy system shall be on the same lot as the tower.

[4] The tower and all other ground-mounted components of the small wind energy system shall be protected by a six-foot-high fence that is at least 50% open.

(2) All small wind energy systems:

(a) Small wind energy systems shall not be illuminated except as required by the Federal Aviation Administration or other regulatory authority.

(b) The blades of small wind energy systems shall be constructed of a corrosive-resistant material.

(c) Wind turbines shall have an automatic brake, or similar device or feature, to prevent over-speeding and excessive stress on the system's structure.

(3) Roof-mounted systems:

(a) Maximum height.

[1] Small wind energy system: no more than 15 feet above the maximum building height permitted in the district.

[2] Solar panels: 12 inches above the roof surface on which the panels are mounted.

[3] No small solar energy system shall extend beyond the edge of the roof of the building on which it mounted.

(4) Ground-mounted small solar energy systems.

(a) Ground-mounted small solar energy systems shall be protected by a fence that is not less than four feet in height and 50% open.

(b) The area beneath ground-mounted solar panels and arrays (other than sunshades over parking spaces), but not their bases, foundations, and supports, shall not be included in any calculation of impervious surface or impervious cover.

(c) Ground cover that is shade-resistant and erosion-resistant shall be provided and maintained between the panel rows and under the panels.

E. General maintenance requirements.

(1) Small wind or solar energy systems shall bear no signage other than manufacturers' reasonably-sized nameplates and safety labels.

(2) Small wind energy systems and small solar energy systems shall be maintained in good condition and repair. The color originally applied by the manufacturer may be replaced only by a color matching the color of the principal building.

F. Abandonment or failure to maintain.

(1) A small wind energy system or small solar energy system that is out of service for a continuous period of 12 months shall be deemed to have been abandoned and shall be removed by the owner within 60 days of receipt of a written notice of deemed abandonment and demand for removal issued by the Construction Official and served upon the owner by registered or certified mail to the owner's last known address. Upon removal, the site shall be cleaned, restored and revegetated.

(2) Small wind energy systems and small solar energy systems shall be subject to the requirements, enforcement and penalty provisions of Chapter 227, Property Maintenance.

§ 170-118.2 HH Hospital Health Care District.

[Added 8-19-2013 by Ord. No. 22-2013]

A. Primary intended use. The HH Hospital Health Care District is designed for medical and surgical hospitals and the following related health care/medical facilities:

(1) Ambulatory care centers.

(2) Long-term acute care facility or subacute care facility.

(3) Nursing home.

(4) Medical and related administrative offices.

(5) Outpatient facilities.

(6) Surgery center.

(7) Assisted living facility.

(8) Adult care center.

(9) Hospice.

B. Permitted accessory uses. The following uses customarily incidental to and/or associated with the operation and administration of hospitals and/or related health care facilities are permitted accessory uses:

(1) Meeting, conference, educational and training facilities associated with medical facilities.

(2) Laboratory, research and diagnostic facilities.

(3) Clinics.

(4) Rehabilitation and treatment facilities.

(5) Fitness, wellness and exercise facilities and pools for hospital/health care personnel and patients.

(6) Cafeterias, snack shops, gift shops, bookstores, banks, florists, newsstands and similar retail convenience facilities for hospital/health care personnel, patients and persons visiting patients.

(7) Food preparation and service, laundry facilities, housekeeping, security facilities and medical equipment/supplies storage.

(8) Chapels.

(9) Overnight accommodations for on-duty health care personnel.

(10) Pharmaceutical facilities.

(11) Treatment facilities for laundry and waste generated on site.

(12) Landing pad for medical helicopters.

(13) Radio and telecommunications facilities related to dispatch and control of medical transportation services.

(14) Emergency power generation for on-site use.

(15) Off-street parking facilities, including parking structures.

(16) Child-care center for medical staff or other employees of primary intended uses or accessory on-site facilities.

(17) Other facilities found by the Planning Board to be customarily incidental to the primary intended use.

C. Prohibited uses. No land or building shall be used or occupied for a use other than permitted in § 170-118.2A; provided, however, that more than one principal building or use on a single lot is permitted. Facilities or uses designed and intended solely or primarily for treatment of mental health patients or for treatment of addictions are prohibited.

D. Required conditions.

(1) Height of building. No building shall exceed the lesser of a height of 104 feet or elevation 537 above mean sea level (NAVD 1988).

(2) Height of parking structure. No parking structure shall exceed the lesser of a height of 60 feet or elevation 537 above mean sea level (NAVD 1988).

(3) Other than for the accessory uses set forth above, no accessory building or structure shall exceed a height of 15 feet.

(4) Height exception. Ancillary structures such as parapet walls, elevator penthouses, stair towers, HVAC equipment and light stanchions may exceed the height limits otherwise imposed provided that said structures shall not exceed a height of 20 feet above the roof or parking structure deck to which attached and are appropriately screened as determined by the Planning Board.

(5) Setbacks in accordance with the following, and as shown in the HH Hospital Health Care District setback map below:

(a) No building or structure shall be located less than 75 feet from the right-of-way line of Old Short Hills Road.

(b) No building or structure shall be located less than 50 feet from any other right-of-way line.

(c) No building or structure shall be located less than 25 feet from any other lot boundary.

(d) No surface parking shall be located less than 15 feet from a street right-of-way line.

(e) No building, structure or surface parking shall be located less than 200 feet from the rear lot lines of properties fronting on Cornell Drive, Tulane Drive or Ross Road.

(f) No surface parking shall be located less than 15 feet from any other lot boundary.

(g) Between buildings:

[1] Fifty feet between principal buildings or between a parking structure and any principal building; provided, however, that a parking structure may be connected to a principal building, and principal buildings may be connected to each other, by covered or enclosed pedestrian ways, and provided further that any such connection shall not interfere with fire equipment access.

[2] Between any building and any accessory structure other than a parking structure the setback shall be 1/2 the height of the accessory building; provided, however, that an accessory building may be connected to a parking structure, other accessory buildings or a principal building by covered or enclosed pedestrian ways, and provided further that any such connection shall not interfere with fire equipment access.

(6) Minimum lot size. The minimum lot size shall be five acres.

(7) Off-street parking.

(a) All on-site parking stalls shall have a minimum width of nine feet and a minimum depth of 18 feet, except for required ADA accessible parking spaces. Off-street parking shall be provided as follows:

[1] Hospitals: 3.2 spaces for every licensed bed.

[2] Nursing homes, hospices, assisted living facilities and long-term acute care facilities: one space for every two beds.

[3] Medical and administrative offices: one space for every 250 square feet of gross floor area.

[4] Ambulatory care centers and outpatient facilities: 3.5 spaces for every 1,000 square feet of gross floor area.

[5] Surgery centers: five spaces for every operating room.

[6] Adult care centers: one space for every 250 square feet of gross floor area.

[7] Child-care centers: one space per every 250 square feet of gross floor area.

(b) Additional off-street parking may be provided off site under an agreement approved by the Planning Board pursuant to § 170-103H.

(8) Maximum total impervious coverage. The total impervious coverage of any lot shall not exceed 70% of the lot area.

(9) Minimum landscaped buffer. Where the HH Hospital Health Care District adjoins a residence zone boundary line, in addition to complying with the setback requirements established above, a landscaped buffer, which shall include berms, trees, shrubs and any other plantings as may be reasonably required by the Planning Board, shall be provided.

(10) Building coverage ratio. Total building coverage shall not exceed 50.0% per lot or 50% in the aggregate for the district.

§ 170-118.3 OS-GC Open Space Golf Course District.

[Added 6-4-2025 by Ord. No. 23-2025]

A. Purpose. The Open Space Golf Course District serves as an overlay zoning district, permitting and regulating operation of a country club and golf course where the underlying zoning districts primarily permit single-family residential uses. Development may use the standards contained herein or those contained in the underlying zoning district.

B. Permitted Uses. Uses shall be limited to a country club comprised of the following constituent uses, use of which is limited to country club members and their guests except as expressly enumerated below:

(1) Club house containing uses such as but not limited to restaurants with indoor and/or outdoor dining areas, concessions, and associated liquor-licensed operations; locker rooms and showers; administrative and sales offices; equipment and apparel sales for the provided sporting facilities; and lounges.

(2) Golf course, golf driving ranges, and putting greens.

(3) Swimming pools, pool houses, and pool patios.

(4) Tennis courts, pickleball courts, and other hard-court or racquet sports.

(5) Fitness facilities including strength, cardio, and flexibility training equipment and other similar facilities.

(6) Uses permitted for non-member patrons are:

(a) Dining facilities for catered events;

(b) Constituent uses in Subsection B(1) through (4) above for special athletic events, such as fundraisers, memorial events, tournaments, and other contests.

C. Permitted Accessory Uses:

(1) Parking lots and facilities for automobiles and golf carts.

(2) Loading facilities.

(3) Comfort stations providing restrooms and/or food/beverage facilities.

(4) No more than two dwelling units to house on-site caretakers or employees only. Such a unit shall be no more than 600 square feet m size.

(5) Any other ancillary uses or buildings customarily incidental and subordinate to permitted uses, such as but not limited to patios and decks, viewing areas, vehicle and equipment storage and maintenance buildings, pump houses, and other supportive buildings for permitted uses.

D. Minimum tract size: 100 acres.

E. Maximum permitted building coverage: 1.5%.

F. Maximum permitted impervious coverage: 7.5%.

G. Maximum principal building permitted height: 35 feet.

H. Maximum permitted accessory structure height: 35 feet, except that golf course safety netting and support structures may be up to 80 feet in height.

I. Maximum permitted floor area ratio: no more than 4% of the total lot area.

J. Minimum required setbacks.

(1) Principal buildings from property line: 100 feet.

(2) Swimming pools, tennis courts and other hard courts (except pickleball courts), from property line: 125 feet. This setback shall also apply to any associated patios or viewing areas.

(3) Pickleball courts:

(a) From property line with Block 6001 Lots 103 and 136: 25 feet.

(b) From all other property lines: 300 feet

(c) These setbacks shall also apply to any associated patios or v1ewmg areas.

(4) Parking spaces from property line: 25 feet.

(5) Golf course safety netting and support structures from property line: 20 feet.

K. Minimum Required Parking:

(1) Three spaces per golf tee.

(2) One space per 2.5 persons permitted under the Fire Code's maximum occupancy for the largest assembly space within the principal building.

(3) Tandem parking and other stacked parking arrangements may be permitted toward satisfying parking requirements as part of a submitted valet parking plan.

L. Permitted Signage:

(1) One freestanding sign shall be permitted with a maximum combined area of 40 square feet indicating the name of the country club, with a minimum setback of 10 feet from the public right-of­way. Any illumination shall be limited to either indirect lighting or diffused lighting, and the source of any lighting shall be shielded.

(2) Directional and wayfinding signage shall be permitted throughout the property.

(3) Wall signs for identification purposes with a maximum area of 20 square feet shall be permitted on principal and accessory buildings.

M. Lighting.

(1) A lighting plan shall be provided for all future development projects, depicting point-by-point maximum average footcandles at finished grade level, light fixture specifications, light fixture mounted height, direction and strength of illumination, and lighting color in Kelvins.

(2) Except at driveways providing access to the site, footcandle levels at all property lines shall be 0.0 fc.

(3) The direction of outdoor light fixtures shall be away from the nearest property line or provide shields to limit light pollution toward the property line.

(4) The maximum mounted height for light fixtures shall be 12 feet, except for light fixtures illuminating recreation courts, which shall be subject to the maximum permitted height for accessory structures.

(5) Exterior light fixtures shall be Dark Sky compliant.

(6) No flashing, laser, searchlight, strobe, tracing, pulsating, or neon exterior lighting is permitted.

(7) No recreational court, including tennis courts, basketball courts, or sports courts, shall be artificially illuminated after 10:00 p.m.

(8) No outdoor light fixture shall be operated by a "dusk to dawn" timer or sensor, unless it is motion sensor activated. Motion-sensor light fixtures shall be controlled to shut off after 10 minutes, and shall not be triggered by activity located off the property.