Residential districts are established in order to achieve the general goals as stated in § 230-2 and for the following specific purposes:
A.
To protect residential areas against fire, explosion,
noxious fumes, offensive noise, vibrations, smoke, dust, odors, heat,
glare and other objectionable influences.
B.
To protect residential areas against the intrusion
of abnormal vehicular traffic and to provide space for off-street
parking.
C.
To protect residential areas against congestion by
regulating the bulk of buildings in relation to the land around them
and to provide sufficient space in appropriate locations for residential
development to meet the needs of probable expansion in population.
D.
To protect those quasi-residential uses which require
a residential environment and which provide essential health and welfare
services for the residents.
E.
To promote the aesthetic compatibility of all development
within the community.
[Amended by Ord. No. 1269; Ord. No. 1347]
The following regulations shall apply in the
RA Residential Zone.
B.
Permitted accessory uses.
[Amended 10-20-2020 by Ord. No. 20-2014]
(1)
Private garage space.
(2)
Greenhouses, tool sheds and other similar structures.
(3)
Private recreational facilities, such as but not limited to
swimming pools, tennis courts, home gyms and satellite dish antennas
(receive only), provided these uses shall be noncommercial and that
lighting shall be directed away from adjacent lots.
(4)
Fences, walls and hedges.
(5)
Home occupations.
C.
Conditional uses.
(1)
Churches, synagogues and other similar places
of worship, parish houses, and convents.
(2)
Public utility facilities required to provide
the direct service of the utility to the consumers, such as transformers
and pumping stations, but excluding warehouses, service or storage
and treatment yards and offices.
(3)
Public parks and playgrounds.
F.
Parking.
(1)
Parking for residential uses shall be required in accordance
with the New Jersey Residential Site Improvement Standards (N.J.A.C.
5:21-1 et seq.).[1]
[Amended 8-2-2022 by Ord.
No. 22-2055]
[1]
Editor's Note: Former Subsection G, Permitted signs, which
immediately followed this subsection, was repealed 7-16-2024 by Ord. No. 24-0287]
[Amended by Ord. No. 1269; Ord. No. 1347]
The following regulations shall apply in the
RB Residential Zone.
B.
Permitted accessory uses.
[Amended 10-20-2020 by Ord. No. 20-2014]
(1)
Private garage space.
(2)
Greenhouses, tool sheds and other similar structures.
(3)
Private recreational facilities, such as but not limited to
swimming pools, tennis courts, home gyms and satellite dish antennas
(receive only), provided these uses shall be noncommercial and that
lighting shall be directed away from adjacent lots.
(4)
Fences, walls and hedges.
(5)
Home occupations.
C.
Conditional uses.
(1)
Churches, synagogues and other similar places
of worship, parish houses, and convents.
(2)
Public and private institutions for education
not operated for profit.
(3)
Public utility facilities required to provide
the direct service of the utility to the consumers, such as transformers
and pumping stations, but excluding warehouses, service or storage
and treatment yards and offices.
(4)
Fraternal, charitable and philanthropic institutions.
(5)
Public parks and playgrounds.
D.
F.
Parking.
[Amended 8-2-2022 by Ord.
No. 22-2055]
[Added by Ord. No. 1569]
A.
Purpose of RA-E Zone. This residential district is established in order to achieve the general goals as stated in § 230-2, and for the following general purposes:
(1)
Encourage the protection of environmentally
sensitive areas of the community with such natural features as steep
slopes, shallow soils, mature wooded areas, stream corridors and floodplains,
and other features deserving of protection;
(2)
Preserve open space through encouraging the
development technique of residential clusters;
(3)
Enhance community appearance through providing
flexibility in residential design;
(4)
Provide the opportunity for visual and physical
linkages of open space throughout the Borough by protecting natural
areas adjacent to or in close proximity to existing parks and ecological
preserves.
(5)
Develop harmonious settings for the interface
of residential development and natural resource preservation through
buffering and transitional land usage.
C.
Permitted accessory uses.
[Amended 10-20-2020 by Ord. No. 20-2014]
(1)
Private garage space.
(2)
Greenhouses, tool sheds and other similar structures.
(3)
Private recreational facilities, such as but not limited to
swimming pools, tennis courts, home gyms and satellite dish antennas
(receive only), provided these uses shall be noncommercial and that
lighting shall be directed away from adjacent lots.
(4)
Fences, walls and hedges.
(5)
Home occupations.
D.
Conditional uses.
(1)
Churches, synagogues and other similar places
of worship, parish houses, and convents.
(2)
Public utility facilities required to provide
the direct service of the utility to the consumers, such as transformers
and pumping stations, but excluding warehouses, service or storage
and treatment yards and offices.
E.
Bulk regulations.
(1)
Standard option. The requirements for this district of lot area and width, yard dimensions, building coverage and height shall be listed in the bulk schedule for the RA-E Zone contained in § 230-149 of this chapter.
(2)
Residential cluster option. The requirements for a single-family residential cluster development shall be listed in the bulk schedule for the RA-E Zone (residential cluster) contained in § 230-149 of this chapter. The following open space requirements must be met for the cluster option:
(a)
A minimum of 40% of the total site area shall
be devoted to open space.
(b)
At least 90% of the area devoted to open space
shall be preserved in its natural state.
(c)
The developer may dedicate, and the Borough
of Highland Park and/or County of Middlesex may accept, the open space
for public use.
(d)
If the open space is not dedicated to the Borough
of Highland Park and/or County of Middlesex, the developer shall create
a homeowners' association for the ownership and maintenance of the
open space for the benefit of the owners and residents of the development.
Such association 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 Borough of Highland Park and/or County
of Middlesex.
G.
(1)
Parking for residential uses shall be required in accordance
with the New Jersey Residential Site Improvement Standards (N.J.A.C.
5:21-1 et seq.).
[Amended 8-2-2022 by Ord.
No. 22-2055]
I.
Buffering and landscaping.
(1)
A planted buffer shall be provided along the
exterior tract line. The buffer shall be a minimum width of 10 feet.
Planting material shall be at least six feet in height at the time
of planting.
(2)
All areas not devoted to structures, parking
areas, and other required uses shall be landscaped in accordance with
an approved landscape plan. Wherever possible, natural features shall
be preserved.
[1]
Editor's Note: Original § 17-17.4,
RC Planned Two-Family Residential Zone, as amended by Ord. Nos. 1194,
1269 and 1347, was repealed by Ord. No. 1569.
[Added 7-2-2019 by Ord.
No. 19-1985]
A.
Purpose of MFAH Multifamily Residential Overlay Zone. This residential
overlay district is established in order to potentially address the
Borough's future fair share obligation, and for the following general
purposes, and is located in Block 47, Lots 27 through 75:
E.
Number of buildings and dwelling units. There shall be one multifamily
building with an interior courtyard, sitting directly over a podium
parking structure. There shall be no greater than 75 dwelling units
on the tract. Two-story units within the building shall be permitted.
F.
Bulk regulations.
(1)
Minimum lot area: four acres.
(2)
Minimum lot width: 200 feet.
(3)
Minimum lot depth: 500 feet.
(4)
Minimum setback (from the southern tract boundary): 180 feet.
(6)
Minimum setback (from the eastern tract boundary): 40 feet.
(7)
Minimum setback (from the western tract boundary): 40 feet.
(8)
Maximum lot coverage: 30%.
(a)
The interior courtyard shall be exempt from the calculation
of lot coverage.
(9)
Maximum impervious coverage: 50%.
(10)
Minimum GFA/DU: 650 square feet.
G.
Affordable housing. A specific affordable housing set-aside of 15%
(for rental units) or 20% (for for-sale units) of all residential
units created within this zone shall be made available for very-low-,
low- and moderate-income families in a methodology consistent with
the rules of the New Jersey Council on Affordable Housing (COAH) or
any duly authorized successor entity of the State of New Jersey.
(1)
Affordable units shall be interspersed uniformly throughout
the development.
(2)
Very-low; low- and moderate-income housing shall be constructed
and rented in accordance with the Council on Affordable Housing rules
at N.J.A.C. 5:93-1.1 et seq.[1] and the Uniform Housing Affordability Controls (UHAC)
at N.J.A.C. 5:80-26.1 et seq. The split between very-low- low- and
moderate-income housing shall provide the following:
(a)
At least 13% of the affordable units shall be affordable to
very-low-income (VLI) households at 30% of the median income;
(b)
At least 50% of the affordable units shall be made affordable
to low-income units (the 50% requirement is inclusive of the 13% VLI
requirement); and
(c)
The balance of units permitted at moderate income shall not
exceed a maximum of 50% of all affordable units.
[1]
Editor's Note: N.J.A.C. 5:93-1.1 et seq. expired 10-16-2016.
(3)
Bedroom distribution. A minimum of 20% of the affordable units
shall be three-bedroom units, and the combined number of efficiency
and one-bedroom units shall be no greater than 20% of the affordable
units. The remaining bedroom distribution shall also be in accordance
with the Council on Affordable Housing rules at N.J.A.C. 5:93-1.1
et seq.,[2] the Uniform Housing Affordability Controls (UHAC) at N.J.A.C.
5:80-26.1 et seq., the Fair Housing Act (FHA)[3] and all other applicable laws.
(4)
The range of affordability, pricing and rent of units, affirmative
marketing, thirty-year minimum affordability controls and construction
phasing with the market-rate units developed on the tract shall also
be in accordance with the Council on Affordable Housing rules at N.J.A.C.
5:93-1.1 et seq.,[4] the Uniform Housing Affordability Controls (UHAC) at N.J.A.C.
5:80-26.1 et seq., the Fair Housing Act (FHA)[5] and all other applicable laws.
(5)
Affordable housing units shall be affordable family units and
shall not be age-restricted or supportive housing units.
(6)
The Borough-designated Affordable Housing Administrator shall
be responsible to affirmatively market, administer and certify the
occupant of each affordable unit, with all administrative costs to
be paid by the developer.
H.
Height.
(1)
There shall be a maximum of four stories over the podium parking
structure.
(2)
The fourth story shall be confined to the area contained under
a sloping roof on the north, east and west sides of the building,
such that it would appear to be a 3 1/2 story building, which
may contain dormers. A full fourth story shall be permitted on the
areas facing the interior courtyard and a portion of the south side
of the building facing the open space area such that the required
sloping roof on the east and west sides of the building wraps the
corners to the south side of the building.
(3)
The highest point of the building shall be no greater than an
assumed elevation of 110 feet.
(4)
The finish floor elevation of the podium parking structure shall
be no greater than an assumed elevation of 50 feet.
(5)
Assumed elevations shall be relative to the benchmark established
in a concept plan entitled "Gabrielle Estates, LLC," prepared by EP
Design Services, LLC, dated November 29, 2018.
I.
Podium parking structure. The podium parking structure shall be designed
to be a less obvious feature as viewed from adjacent properties and
the South Sixth Avenue public right-of-way, as follows:
(1)
The podium parking structure shall not be exposed on the north and west sides of the building, except for the garage entry at the northeast corner of the building as required in Subsection K.
(2)
The podium parking structure may be exposed on the east and
south sides of the building in order to take advantage of natural
ventilation.
J.
Utilities and aging infrastructure. To accommodate the proposed development
and to ensure that the building is lower in elevation to the extent
practical, the developer shall be required to remove the existing
utilities that are presently located through the center of the tract
and replace them with new utilities located along the west side of
the building.
K.
Access and parking.
(1)
A texture-paved motor court shall be provided at the terminus
of the existing South Sixth Avenue right-of-way at the northern tract
boundary.
(2)
The texture-paved motor court shall connect to a speed ramp
that provides access to the garage entry to the podium parking structure
at the northeast corner of the building.
(3)
Parking shall be required in accordance with the Residential
Site Improvement Standards. All parking shall be located in the podium
parking structure under the building. Up to five parking spaces may
be provided within the texture-paved motor court.
(4)
Indoor bicycle storage closets, rooms and/or bicycle racks shall
be provided to accommodate a minimum of one bicycle for each dwelling
unit.
L.
Fire protection and emergency access.
(1)
The building shall be in compliance with NFPA 13.
(2)
The developer shall provide and maintain emergency access to
the building to ensure proper fire protection throughout all phases
of construction.
(3)
The multi-use trail as required in Subsection M shall be of such design that it accommodates emergency access, including stabilization of and turnaround movements for fire apparatus. This may include the use of pavers or other driving surfaces capable of supporting the imposed load of fire apparatus on either side of the paved multi-use trail.
M.
Open space.
(1)
A minimum of 35% of the tract shall be devoted to open space. To qualify as open space, the minimum horizontal dimension shall be 40 feet. Permitted projections in accordance with Subsection S shall be permitted to encroach into the open space.
(2)
A multi-use trail at least six feet and no greater than 12 feet
in width and designed to provide public access and accommodate emergency
access from South Sixth Avenue around the west side of the building
and to the southern tract boundary shall be required. The multi-use
trail shall be considered as part of the open space requirement and
excluded from the calculation of impervious coverage.
(3)
The developer may dedicate, and the Borough of Highland Park
and/or County of Middlesex may accept, the open space for public use.
(4)
If the open space is not dedicated to the Borough of Highland
Park and/or County of Middlesex, the developer shall grant a public
access easement to permit the public to access and utilize the required
multi-use trail such that the public is able to traverse the tract
from the South Sixth Avenue public right-of-way to the southern tract
boundary. Additionally, the open space shall be maintained. If the
project is developed as rental units, the landlord shall retain ownership
and be responsible for the maintenance of the open space for the benefit
of the residents of the development. If the project is developed as
condominium units, the developer shall create a homeowners' association
for the ownership and maintenance of the open space for the benefit
of the owners and residents of the development. Such association 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 Borough of Highland Park and/or County of Middlesex.
N.
Landscaping. The landscaping plan shall be designed with a goal of
returning those portions of the tract not improved with the building,
retaining walls and the texture-paved motor court to a wooded, park-like
landscape. In general, proposed trees shall be planted in natural
patterns and groupings on the southern portion of the site, on sloping
terrain along site boundaries, and adjacent to the multi-use trail.
Landscaping may be more regular in pattern along retaining walls.
Foundation plantings at the base of the building shall utilize varied
patterns designed in a coordinated manner with the footprint stepping,
projections and massing of the adjacent portion of the building. Long,
continuous plantings of a single species in linear repetition shall
be avoided through the design of patterns utilizing multiple species.
All landscaping shall be native species and shall be approved by the
Shade Tree Advisory Committee (STAC). Landscaping shall be regulated
as follows:
(1)
The base of the building shall be provided with intensive and
extensive foundation plantings consisting of evergreen and deciduous
shrubs. Such plantings shall be a minimum of 30 inches tall at time
of planting and spaced an average of three feet on center. A planting
bed containing extensive flower and ground cover shall extend a minimum
of two feet in front of the foundation plantings along the entire
facade. A variety of plant species are encouraged to avoid monocultures,
to encourage long-lived species and to promote wildlife habitat. Of
the required plantings, no greater than 33% shall be of one species.
(2)
The visibly exposed portions of the podium parking structure
shall be provided with additional foundation plantings, including
evergreen trees a minimum of six feet tall at time of planting and
spaced an average of three feet on center.
(3)
Shade trees shall be provided along the perimeter of the texture-paved
motor court. Such trees shall be a minimum size of 3 1/2 inches
in caliper at time of planting and be spaced at least 25 feet and
no greater than 35 feet on center.
(4)
Buffer landscaping. Development within this zone shall comply with § 230-95 of this chapter. An existing and/or planted buffer shall be provided along the exterior tract line. The buffer shall be a minimum width of 20 feet. Planting material shall consist of a continuous screen of evergreen trees a minimum of six feet tall at time of planting and spaced three feet on center. Buffer landscaping may contain replacement trees.
(5)
Wherever possible, natural features shall be preserved.
O.
Tree replacement. Trees removed as a result of environmental testing and any further development within this zone shall comply with the Highland Park Tree Removal and Protection Ordinance (Chapter 388 of the Code). As many replacement trees shall be located within the required open space area at the southern portion of the tract to the extent practical, with the remainder to supplement the required landscaping and buffer as permitted in Subsection N. All replacement trees shall be native species. Additionally, the Planning Board, in consultation with the Shade Tree Advisory Committee (STAC), may require up to 25% of the replacement trees to be provided on the tract within the required open space at the southern portion of the tract to be at least eight inches in caliper. These replacement trees shall be located within the area disturbed for environmental testing and near or within the steep slopes for stabilization of the tract and adjacent properties. Those replacement trees that are at least eight inches in caliper shall count as four replacement trees, and any replacement trees that are at least 10 inches in caliper shall count as six replacement trees. In no case, however, shall the value of the replacement trees exceed that required under Chapter 388 of the Code.
P.
Fences, walls, hedges. Development within this zone shall comply with § 230-100 of this chapter and shall be designed with a goal of avoiding the appearance of a gated community, but this shall not prohibit providing secure access at the garage entry to the podium parking structure at the northeast corner of the building. No fence or gate shall be permitted along the northern tract boundary or located between the building and the northern tract boundary. Fences may be located at the sides and rear of the building, provided they are set back at least 10 feet from any tract boundary. Fences may be located within the open space area at the southern portion of the tract only if required by code or by an outside agency having jurisdiction and shall be the minimum permitted height as permitted by such code or outside agency having jurisdiction. Additionally, no nonstructural walls shall be permitted except for decorative purposes, which shall be limited to two feet in height and located at the sole discretion of the approving authority.
Q.
Retaining walls. To accommodate the proposed development, retaining walls shall be exempt from the setback and height limitations imposed by § 230-100 of this chapter, provided that retaining walls shall be no closer than 10 feet to any tract boundary. To assure stabilization of the tract and adjacent properties, the final number, location, length and height of retaining walls shall be subject to site plan review. Additionally, the base and the top of retaining walls shall be provided with landscaping as required in Subsection N.
R.
Steep slopes. To accommodate the proposed development, the steep slope provisions of § 230-122 shall only apply to the required open space area. To assure stabilization of the tract and adjacent properties, any disturbance as a result of any retaining walls as required in Subsection Q and the multi-use trail as required in Subsection M within the required open space area shall be exempt from the steep slopes provisions.
S.
Building massing and design.
(1)
Architectural style.
(a)
The building shall be designed to reflect the Tudor or Arts
and Crafts design character found in the community or another style
that is compatible with the required massing and deemed to be appropriate
at the approval of the Planning Board.
(b)
The massing, fenestration, materials, colors and details of
the building shall reflect the defining characteristics and identifying
features of the architectural style selected for such building.
(2)
Exterior massing and wall lengths.
(a)
The north side of the building shall conform to the following:
[1]
"Main Entry Body" massing. The portion of the wall
fronting on the multi-use trail and texture-paved motor court containing
the building entrance shall be composed of at least three projecting
gable or bay elements with a hierarchy of size and scale where the
building entrance is the most prominent and the others vary in scale
and articulation. Any gable element shall project a minimum of four
feet, and any bay element shall project a minimum of two feet from
the exterior building wall. This wing shall allow the portion of the
building fronting on the texture-paved motor court to be more prominent
and the primary focus of the building to be as viewed from the access
point on South Sixth Avenue.
[2]
"Secondary Wing" massing. The portion of the wall
containing the garage entry to the podium parking structure shall
be designed with a goal of making this portion of the building a less
visually prominent secondary wing on the eastern side of the building.
This wing shall be recessed by providing an offset that steps inward
by a minimum distance of four feet. This wing shall incorporate one
bay element situated on the second and third floors (and may include
the fourth floor) and shall be centered over the garage entry. The
bay element shall project two feet from the wing. The width of the
bay element shall extend a minimum distance of 12 feet and a maximum
distance of 24 feet.
(b)
On all other sides of the building, the outer corner wall lengths
as measured from the outside corner of the building shall extend a
minimum distance of 50 feet and a maximum distance of 75 feet, after
which such wall shall be recessed by providing an offset that steps
inward by a minimum distance of four feet. There shall be a minimum
distance of 25 feet and a maximum distance of 100 feet between required
minimum offsets.
(c)
For the purposes of this subsection, the outer corner walls
shall be considered Facade Type A while offset recessed walls shall
be considered Facade Type B.
(d)
Within the wall area of each Facade Type A, at least two bay
elements shall be provided. Within the wall area of each Facade Type
B, at least one bay element shall be provided for every 50 feet or
part thereof.
(e)
Each bay element shall be regulated as follows:
[1]
Each bay element shall project two feet from an
exterior building wall, which may extend a maximum of two feet into
any setback requirement.
[2]
The width of each bay element shall extend a minimum
distance of 10 feet and a maximum distance of 30 feet.
[3]
No bay element shall be closer than four feet to
another bay element or other facade type.
[4]
The height of each bay element shall be a minimum
of two stories.
[5]
Those bay elements that engage the fourth story
shall interrupt the roofline of the main roof so that the facade of
the bay element is continuous.
(f)
There shall be no restriction on exterior wall lengths in the
interior courtyard of the building.
(3)
Roof massing.
(a)
The roof associated with Facade Type A may be up to two feet
higher than the roof associated with Facade Type B. The taller roof
allowance shall not be permitted for the roof associated with the
secondary wing containing the garage entry to the podium parking structure
at the northeast corner of the building.
(4)
Cross gables, projecting bay elements and dormers.
(a)
Cross gables, projecting bay elements and dormers shall generally
take the form of a jerkinhead (a front-facing gable peak which is
partially clipped with a hip roof) design in order to reduce the height
and scale of such taller projecting elements.
(b)
There shall be a diversity of dormer types composed in a pattern
appropriate to the style of the building, including jerkinhead and
shed dormers.
(5)
Permitted projections.
(a)
Cornices, eaves and roof overhangs shall project a minimum distance
of two feet and a maximum distance of four feet from an exterior building
wall and bay element, which may extend a maximum distance of four
feet into any setback requirement.
(b)
Gutters and downspouts may project a maximum distance of one
foot from an exterior building wall and bay element, which may extend
into any setback requirement.
(c)
Balconies shall be permitted on the north and south sides of
the building and may project a maximum distance of 18 inches from
an exterior building wall and bay element, which may extend into any
setback requirement.
(d)
Balconettes shall be permitted on the east and west sides of
the building and may project a maximum distance of six inches from
an exterior building wall and bay element, which may extend into any
setback requirement.
(e)
There shall be no restriction on balconies and balconettes located
in the interior courtyard of the building.
(f)
Stoops, entrance platforms and steps shall be permitted to project
into any setback requirement.
(6)
Mechanical equipment.
(a)
All mechanical equipment shall be located on the roof. No mechanical
equipment shall be permitted on the ground.
(b)
The parapet wall associated with the roof shall be of such design
and height to visually screen any rooftop mechanical equipment from
adjacent properties and the South Sixth Avenue public right-of-way.
(7)
Materials.
(a)
Permitted building materials for exterior wall surfaces facing
adjacent properties shall include brick and fiber cement siding.
(b)
Trim materials may consist of precast stone, wood, fiber cement
panels and PVC.
(c)
Vinyl, cultured stone, stucco and EIFS shall not be permitted
on exterior wall surfaces facing adjacent properties.
(d)
There shall be no restriction on materials for wall surfaces
in the interior courtyard of the building.
T.
Accessory structure for refuse and recycling area.
(1)
One accessory structure may be permitted as an enclosure for
trash and recyclables with access from the texture-paved motor court
in a location determined by the Planning Board to provide sufficient
setback, screening and buffering from neighboring properties.
(2)
Such accessory structure shall be a brick structure designed
to complement the architecture of the principal building.
(3)
The design of the accessory structure shall incorporate a sloped
roof that is hipped along the sides facing the neighboring property
lines and windows, with blacked-out or frosted glass that are complementary
to the primary structure, located on the three sides of the structure
that do not have the access door for the trash removal.
[Amended by Ord. No. 1269]
The following regulations shall apply in the
RM-G Residential Zone.
B.
Permitted accessory uses.
(1)
Private garage space and parking area.
[Amended 10-20-2020 by Ord. No. 20-2014]
(2)
Private recreational facilities, such as but
not limited to swimming pools, tennis courts and satellite dish antennas
(receive only), provided these uses shall be noncommercial and that
all lighting shall be directed away from adjacent lots.
(3)
Greenhouses, toolsheds and other similar structures.
(4)
Fences, walls and hedges.
C.
Conditional uses.
(1)
Churches, synagogues, and other similar places
of worship, parish houses, convents or other church-related activity.
(2)
Public and private institutions for education
not operated for profit.
(3)
Public utility facilities required to provide
the direct service of the utility to the consumers, such as transformers
and pumping stations, but excluding warehouses, service or storage
and treatment yards and offices.
(4)
Fraternal, charitable and philanthropic institutions.
D.
Bulk regulations.
(1)
The requirements for this district of lot area and width, yard dimensions, building coverage and height shall be listed in the bulk schedule contained in § 230-149 of this chapter.
(2)
Other RM-G bulk regulations.
(a)
Minimum building setback from an exterior tract
boundary: 50 feet.
(b)
Minimum distance between buildings: 35 feet
between non-window walls and 90 feet between window walls.
(c)
Minimum building setback from an interior driveway:
20 feet.
(d)
Minimum building setback from any parking area:
15 feet.
F.
Regulations for garden apartments.
(2)
The maximum density of dwelling units in a garden
apartment development shall not exceed 10 units per acre for the total
lot area.
(3)
No more than 10 first-floor dwelling units shall
be contained in any one continuous structure, not to exceed 200 feet
in structural length.
(4)
Garden apartment structures may be grouped with
architectural design consistent in each structure. A minimum four-foot
building offset shall be required every two doors.
(5)
Where practical, the design layout of garden
apartment structures shall be such that the front of one residential
building or structure does not face the rear of another such building
or structure or the rear of buildings or structures on adjoining properties
unless 200 feet distant therefrom.
(6)
No basement or attic apartments shall be permitted.
(8)
There shall be a landscaped buffer strip consisting
primarily of evergreen trees. The buffer strip shall be provided along
all interior lot lines and also adjacent to exterior lot lines. The
buffer shall be a minimum width of 10 feet. Planting material shall
be at least six feet high at the time of planting, and it shall be
the responsibility of the owner or developer to carry out this program
and to promote such maintenance and care as is required to obtain
the effect intended by the original plan.
(9)
All areas not devoted to structures, parking
areas, and other required uses shall be appropriately landscaped in
accordance with an approved landscape plan. Wherever possible, natural
features shall be preserved. Landscaped areas shall be maintained
by and at the expense of the owner.
(10)
The following open space requirements shall
be met:
(a)
A minimum of 25% of the total site area shall
be devoted to open space, at least 10% of which shall be developed
for active and passive recreation usage.
(b)
Recreation areas may include but are not limited
to swimming pools and related facilities, bicycle and walking/jogging
paths, tennis courts or other appropriate facilities.
(c)
For purposes of this provision, "open space,"
"open space area," and "recreation area" shall be exclusive of required
front, side and rear yards, driveways, parking areas, loading or storage
areas and shall be maintained exclusively for residents of the site.
(d)
Such space shall not be located closer than
20 feet from a public street, interior road or driveway.
(11)
All streets, roads and driveways shall be constructed
and maintained in accordance with municipal requirements.
(12)
All proposed developments shall be of maintenance-free
materials with masonry exterior walls.
(13)
All garden apartment developments shall be served
by public water and sanitary sewer lines, the plans for which shall
be approved by the Borough Engineer prior to the issuance of a building
permit.
(14)
All utilities necessary to serve garden apartment
developments shall be installed and underground.
(15)
No freestanding accessory structures shall be
permitted other than those associated with community and/or recreational
facilities or maintenance of the development. Any freestanding accessory
structures shall be erected only in accordance with the approved site
plan for the development.
(16)
The maximum net density permitted shall not
exceed 12 dwelling units per acre of the proposed residential cluster.
G.
Parking.
(1)
Parking for residential uses shall be required in accordance
with the New Jersey Residential Site Improvement Standards (N.J.A.C.
5:21-1 et seq.).[1]
[Amended 8-2-2022 by Ord.
No. 22-2055]
[1]
Editor's Note: Former Subsection H, Permitted signs, which
immediately followed this subsection, was repealed 7-16-2024 by Ord. No. 24-0287]
[Amended by Ord. No. 1269]
The following regulations shall apply in the
RM-T Residential Zone.
B.
Permitted accessory uses.
(1)
Private garage space and parking area.
[Amended 10-20-2020 by Ord. No. 20-2014]
(2)
Private recreational facilities, such as but
not limited to swimming pools, tennis courts and satellite dish antennas
(receive only), provided these uses shall be noncommercial and that
all lighting shall be directed away from adjacent lots.
(3)
Greenhouses, toolsheds and other similar structures.
(4)
Fences, walls and hedges.
C.
Conditional uses.
D.
Bulk regulations.
(1)
The requirements for this district of lot area and width, yard dimensions, building coverage and height shall be listed in the bulk schedule contained in § 230-149 of this chapter.
(2)
Other RM-T bulk regulations.
(a)
Minimum building setback from an exterior tract
boundary: 50 feet.
(b)
Minimum front yard setback: 25 feet.
(c)
Minimum rear yard setback: 25 feet.
(d)
Minimum distance between buildings: 35 feet
between non-window walls and 90 feet between window walls.
(e)
Minimum building setback from an interior street
line: 25 feet.
(f)
Minimum side yard setback for all end units:
25 feet.
F.
Regulations for townhouses.
(2)
The maximum gross density of dwelling units
in a townhouse development shall not exceed six units per acre for
the total lot area.
(3)
The minimum width of any townhouse shall be
20 feet.
(4)
No more than eight townhouse units shall constitute
a townhouse row or attached row of units in one building.
(5)
The townhouses shall be constructed in a staggered
fashion so that the front wall of every two townhouse units is a minimum
of four feet from the front building line of the two townhouse units
on either side.
(6)
Each townhouse unit shall have two means of
entrance and exit separate and apart from that of any other unit.
(7)
Each townhouse unit shall have two exterior
walls with window access to light and air.
(9)
The following open space requirements shall
be met:
(a)
A minimum of 25% of the total site area shall
be devoted to open space.
(b)
At least an additional 10% of the total site
area shall be developed as active and passive recreation facilities.
(c)
Recreation areas may include but are not limited
to swimming pools and related facilities, bicycle and walk paths,
tennis courts or other appropriate facilities.
(d)
For purposes of this provision, "open space,"
"open space area," and "recreation area" shall be exclusive of required
front, side and rear yards, driveways, parking areas, loading or storage
areas and shall be maintained exclusively for residents of the site.
All required open space areas and required recreation areas shall
be fully contiguous and accessible to the residential development
to which it serves.
(e)
Such space shall not be located closer than
20 feet from a public street, interior road or driveway.
(10)
A planted buffer area shall be provided along
exterior lot lines. The buffer shall be a minimum width of 10 feet.
Planting material shall be at least six feet in height at the time
of planting.
(11)
All areas not devoted to structures, parking
areas, and other required uses shall be landscaped in accordance with
an approved landscape plan. Wherever possible, natural features shall
be preserved.
(12)
Off-street parking spaces for units shall be
provided in parking areas located within 50 feet of each dwelling
unit. Parking areas, driveways and walkways shall be illuminated,
screened and buffered with shade trees and evergreens.
(14)
All townhouse units shall be served by public
water and sanitary sewer lines, the plans for which shall be approved
by the Borough Engineer prior to the issuance of a building permit.
(15)
All utilities necessary to serve the townhouse
units shall be installed underground.
(16)
The maximum net density permitted shall not
exceed eight dwelling units per acre of the proposed residential cluster.
(17)
Prior to approval of any application for a multifamily development in this zone, the applicant, through licensed professional expertise, shall submit an environmental impact statement, prepared in conformance with § 230-81 of this chapter, and shall additionally provide by mapping an outbound survey of all areas found to be environmentally or ecologically sensitive. Further, soil tests, based upon laboratory analysis of both test pits and test borings, shall be provided.
(18)
A one-hundred-foot-wide buffer shall be provided
for all areas determined to be an environmental or ecological sensitive
area. No building, pavement or other development other than supplemental
landscaped plantings shall occur within this one-hundred-foot-wide
buffer area.
(19)
No development shall be permitted within any
land area deemed to be environmentally sensitive, based upon the findings
of fact by the reviewing board as a result of its analysis and review
of the submitted environmental impact statement.
(20)
A specific affordable housing set-aside of 10%
of all residential units created within this zone shall be made available
for low- and moderate-income families in a methodology consistent
with the rules of the New Jersey Council on Affordable Housing.
G.
Parking.
(1)
Parking for residential uses shall be required in accordance
with the New Jersey Residential Site Improvement Standards (N.J.A.C.
5:21-1 et seq.).[1]
[Amended 8-2-2022 by Ord.
No. 22-2055]
[1]
Editor's Note: Former Subsection H, Permitted signs, which
immediately followed this subsection, was repealed 7-16-2024 by Ord. No. 24-0287]
[Amended by Ord. No. 1269]
The following regulations shall apply in the
RM-M Residential Zone.
B.
Permitted accessory uses.
(1)
Private garage space and parking area.
[Amended 10-20-2020 by Ord. No. 20-2014]
(2)
Private recreational facilities, such as but
not limited to swimming pools, tennis courts and satellite dish antennas
(receive only), provided these uses shall be noncommercial and that
all lighting shall be directed away from adjacent lots.
(3)
Greenhouses, toolsheds and other similar structures.
(4)
Fences, walls and hedges.
D.
Bulk regulations.
(1)
The requirements for this district of lot area and width, yard dimensions, building coverage and height shall be listed in the bulk schedule contained in § 230-149 of this chapter.
(2)
Other RM-M bulk regulations:
(a)
When the majority of existing buildings within
500 feet of the subject site are situated on average ground elevations
at least 10 feet lower than the average ground elevation for the proposed
building, maximum building height shall be 35 feet or three stories.
(b)
When the majority of existing buildings within
500 feet of the subject site are situated on average ground elevations
that are at least 10 feet higher than the ground elevation for the
proposed building on the subject site, the maximum permitted building
height shall be 60 feet or five stories.
(3)
Minimum building setback from any property line
adjoining an existing single-family residential use or a single-family
residential zone shall be not less than 100 feet.
(4)
Prior to approval of any application for a multifamily development in this zone, the applicant, through licensed professional expertise, shall submit an environmental impact statement, prepared in conformance with § 230-81 of this chapter, and shall additionally provide by mapping an outbound survey of all areas found to be environmentally or ecologically sensitive. Further, soil tests, based upon laboratory analysis of both test pits and test borings, shall be provided.
(5)
A one-hundred-foot-wide buffer shall be provided
for all areas determined to be an environmental or ecological sensitive
area. No building, pavement or other development other than supplemental
landscaped plantings shall occur within this one-hundred-foot-wide
buffer area.
(6)
No development shall be permitted within any
land area deemed to be environmentally sensitive, based upon the findings
of fact by the reviewing board as a result of its analysis and review
of the submitted environmental impact statement.
(7)
A specific affordable housing set-aside of 10%
of all residential units created within this zone shall be made available
for low- and moderate-income families in a methodology consistent
with the rules of the New Jersey Council on Affordable Housing.
(8)
The following open space requirements shall
be met:
(a)
A minimum of 25% of the total site area shall
be devoted to open space.
(b)
At least 10% of the total site area shall be
developed as active and passive recreation facilities.
(c)
Recreation areas may include but are not limited
to swimming pools and related facilities, bicycle and walk paths,
tennis courts or other appropriate facilities.
(d)
For purposes of this provision, "open space"
shall be exclusive of required front, side and rear yards, driveways,
parking areas, loading or storage areas and shall be maintained exclusively
for residents of the site.
(e)
Such space shall not be located closer than
20 feet from a public street, interior road or driveway.
(9)
A planted buffer area shall be provided along
exterior lot lines. The buffer shall be a minimum width of 10 feet.
Planting material shall be at least six feet in height at the time
of planting.
(10)
All areas not devoted to structures, parking
areas, and other required uses shall be landscaped in accordance with
an approved landscape plan. Wherever possible, natural features shall
be preserved.
(11)
Off-street parking spaces for units shall be
provided in parking areas located within 150 feet of each main entrance.
Parking areas, driveways and walkways shall be illuminated, screened
and buffered with shade trees and evergreens.
F.
Parking and other requirements.
(1)
Parking for residential uses shall be required
in accordance with the New Jersey Residential Site Improvement Standards
(N.J.A.C. 5:21-1 et seq.).
[Amended 8-2-2022 by Ord.
No. 22-2055]
(2)
All elevators included in any project shall
provide adequate width and length and shall provide adequate door
width for use by any stretchers or other devices used by the Highland
Park emergency service agencies.[1]
[1]
Editor's Note: Former Subsection G, Permitted signs, as amended,
which immediately followed this subsection, was repealed 7-16-2024 by Ord. No. 24-0287]
[Amended by Ord. No. 1269]
The following regulations shall apply in the
RMT-W Residential Zone.
A.
B.
Permitted accessory uses.
(1)
Private garage space and parking area.
[Amended 10-20-2020 by Ord. No. 20-2014]
(2)
Private recreational facilities, such as but
not limited to swimming pools, tennis courts and satellite dish antennas
(receive only), provided these uses shall be noncommercial and that
lighting shall be directed away from adjacent lots.
(3)
Greenhouses, toolsheds and other similar structures.
(4)
Fences, walls and hedges.
(5)
Boat trailer parking areas.
C.
Conditional uses.
(1)
Public safety facilities and public utility
facilities required to provide the direct service of the utility to
the consumers, such as transformers and pumping stations, but excluding
warehouses, service or storage and treatment yards and offices.
(2)
Public parks and playgrounds.
(3)
Marine chandler supply stores where goods are
sold or personal services are rendered that are clearly and exclusively
oriented to the marine activities in the area, provided that all goods
or products fabricated or processed incidental to such shall be sold
at retail for use on the premises.
(4)
Other commercial uses which are clearly and
exclusively oriented to the marine activities in the area, such as
building, sale, rental, storage of boats or repair of boat engines,
and related equipment, subject to the same regulations as found for
marine chandler supply stores.
D.
Bulk regulations.
(1)
The requirements for this district of lot area and width, yard dimensions, building coverage and height shall be listed in the bulk schedule contained in § 230-149 of this chapter.
(2)
Other RM-W bulk regulations.
(a)
Minimum building setback from an exterior tract
boundary: 50 feet.
(b)
Minimum front yard setback: 25 feet.
(c)
Minimum rear yard setback: 25 feet.
(d)
Minimum distance between buildings: 35 feet
between non-window walls and 90 feet between window walls.
(e)
Minimum building setback from an interior street
line: 25 feet.
(f)
Minimum side yard setback for all end units:
25 feet.
E.
Prohibited uses.
(1)
All nonresidential uses, such as but not limited
to professional offices, institutional, commercial and industrial
uses, including signs.
(2)
All residential uses not specifically permitted
in this zone.
(3)
All retail and service uses not specifically
permitted in the RM-W Zone.
(4)
Any development aspect which adversely impacts
environmentally sensitive areas.
F.
Regulations for townhouses.
(2)
The maximum density of dwelling units in a townhouse
development shall not exceed six units per acre for the total lot
area.
(3)
The minimum width of any townhouses shall be
20 feet.
(4)
No more than eight townhouse units shall constitute
a townhouse row or attached row of units in one building.
(5)
The townhouses shall be constructed in a staggered
fashion so that the front wall of every two townhouse units is a minimum
of four feet from the front building line of the two townhouse units
on either side.
(6)
Each townhouse unit shall have two means of
entrance and exit separate and apart from that of any other unit.
(7)
Each townhouse unit shall have two exterior
walls with window access to light and air.
(9)
The following open space requirements shall
be met:
(a)
A minimum of 25% of the total site area shall
be devoted to open space.
(b)
At least an additional 10% of the total site
area shall be developed as active and passive recreation facilities.
(c)
Recreation areas may include but are not limited
to swimming pools and related facilities, bicycle and walk paths,
tennis courts or other appropriate facilities.
(d)
For purposes of this provision, "open space,"
"open space area," and "recreation area" shall be exclusive of required
front, side and rear yards, driveways, parking areas, loading or storage
areas and shall be maintained exclusively for residents of the site.
All required open space areas and recreation areas shall be fully
contiguous and accessible to the residential development to which
it serves.
(e)
Such space shall not be located closer than
20 feet from a public street, interior road or driveway.
(10)
A buffer area shall be provided along exterior
lot lines. The buffer shall be a minimum width of 20 feet, with a
minimum ten-foot planting area.
(11)
All areas not devoted to structures, parking
areas, and other required uses shall be landscaped in accordance with
an approved landscape plan. Wherever possible, natural features shall
be preserved.
(12)
Off-street parking spaces for units shall be
provided in parking areas located within 100 feet of each dwelling
unit. Parking areas, driveways and walkways shall be illuminated,
screened and buffered with shade trees and evergreens.
(14)
All townhouse units shall be served by public
water and sanitary sewer lines, the plans for which shall be approved
by the Borough Engineer prior to the issuance of a building permit.
(15)
All utilities necessary to serve the townhouse
units shall be installed and underground.
(16)
The maximum net density permitted shall not
exceed eight dwelling units per acre of the proposed residential cluster.
(17)
For purposes of computation of the project gross
density, riparian lands may be included in the project total land
area. For purposes of computation of the project net density, the
land area of the residential cluster shall not include riparian lands,
tidal wetlands as mapped by NJDEP or floodplains, in addition to all
other areas of exclusion from net density computation as noted in
the definition of net density.
(18)
Prior to approval of any application for a multifamily development in this zone, the applicant, through licensed professional expertise, shall submit an environmental impact statement, prepared in conformance with § 230-81 of this chapter, and shall additionally provide by mapping an outbound survey of all areas found to be environmentally or ecologically sensitive. Further, soil tests, based upon laboratory analysis of both test pits and test borings, shall be provided.
(19)
A one-hundred-foot-wide buffer shall be provided
for all areas determined to be environmental or ecological sensitive
area. No building, pavement or other development other than supplemental
landscaped plantings shall occur within this one-hundred-foot-wide
buffer area.
(20)
No development shall be permitted within any
land area deemed to be environmentally sensitive based upon the findings
of fact by the reviewing board as a result of its analysis and review
of the submitted environmental impact statement.
(21)
A specific affordable housing set-aside of 10%
of all residential units created within this zone shall be made available
to low- and moderate-income families in a methodology consistent with
the rules of the New Jersey Council on Affordable Housing.
(22)
The development shall be analyzed by the reviewing
board for protection of and sensitivity toward existing visual sight
lines and perspectives of existing dwellings, as well as aesthetic
and architectural compatibility to surrounding land uses.
(23)
Each dwelling unit in the townhouse development
shall include, as required amenities, one marina slip and two off-street
parking spaces, exclusive of any other slips or parking required by
this section or proposed by the developer.
(24)
No building lot line or structures, other than
entrance gates, decorative walls, fences, decks or unroofed patios,
shall be located within 20 feet of the water nor closer than 50 feet
to any exterior boundary line of the tract nor closer than 50 feet
to any primary access road or main thoroughfare. Adequate landscaping
shall be provided in the above-defined area in accordance with the
buffer requirements of this chapter.
(25)
The project shall be designed to optimize the
water view for the units and the public at large.
(26)
Interior roads shall have a paved width of 24
feet for two-way traffic if no parking is allowed on said street and
30 feet if parallel parking is allowed on one side of the street.
(27)
No habitable portion of any dwelling unit shall
be lower than the outside finished grade. No depressed siting shall
be permitted.
(28)
Minimum setback distances from all private streets
to be constructed and installed as part of the project shall be as
follows:
(a)
The setback of all buildings shall be 25 feet.
(b)
For purposes of this subsection, the term "private
street" shall mean any internal drive or parking area designed and
installed as part of the project whose purpose is to provide access
between buildings and parking facilities of the project. Streets providing
ingress and egress to and from the project shall be dedicated to public
use.
G.
Regulations for marinas.
(1)
All requirements of the U.S. Army Corps of Engineers,
NJDEP, the U.S. Coast Guard and all other agencies of jurisdiction
shall be met, and such compliance shall be documented to the municipal
reviewing agency as a mandatory condition of a municipal approval.
(2)
Marina docking or mooring slips of at least
three different boat lengths and three different boat widths shall
be provided.
(3)
Within the marina development, one marina slip
and two parking spaces shall be provided as mandatory amenities for
each dwelling unit constructed.
(4)
The marina development shall facilitate and
encourage linear public access to riverfront areas within the overall
marina project design, including both visual and physical public access.
(5)
If a boat launch ramp is to be provided or included
in the marina design, one boat trailer parking space 12 feet in width
by 50 feet in length shall be provided on site for each two dockage
or moorage slips created.
(6)
Retail marina commercial usage shall occupy
a maximum of 1,500 square foot gross floor area or a maximum 1% of
the total residential gross floor area constructed, whichever is less.
(7)
The marina facility shall not permit any aboveground
storage tanks for fuel, oil, waste oil, kerosene, or any other flammable
or combustible material. A maximum of 10,000 gallons of cumulative
underground storage capacity shall be permitted for all types of products
stored for any reason. All federal and state regulations for the construction,
storage, piping, venting, dispensing, etc., of fuel supplies shall
be documented to the reviewing board by the applicant.
(8)
Boat slips for public rental, subject to the
following conditions.
(a)
All slips for public rental shall be owned by
the homeowners' association or another single entity.
(b)
If the entity which owns the rental slips is
not the homeowners' association, said entity shall, as an express
condition of site plan approval granted by the approving board, provide
a declaration of restrictive and protective covenants in favor of
the homeowners' association to provide that the property will be used
exclusively for a marina and permitted related uses.
(c)
Said required covenants shall be recorded in
the Middlesex County Clerk's Office.
(d)
Said required covenants shall run with the land
and shall not be modified except by ordinance of the municipality.
(e)
The homeowners' association or other owning
entity shall provide for proper maintenance and trash collection on
the marina property consistent with all ordinances of the Borough
of Highland Park affecting public, quasi-public and private property.
(f)
The covenants required under this section shall give the homeowners' association the right to enforce compliance with Subsection G(8)(e) above, and the right to obtain a lien upon the marina property for the cost incurred in enforcing the covenants and/or providing such corrective work as may be necessary to provide compliance.
(g)
The required covenants shall also provide the
homeowners' association a right of first refusal for any sale or condominium
conversion of the marina property.
(9)
Sublet slips shall be leased on a yearly basis
only.
(10)
The slips and marina can be sublet for management
purposes for a period of up to 20 years.
(11)
For each leased slip, there shall be provided
1.25 parking spaces exclusive of other parking requirements.
(12)
Slips directly fronting on or within 50 feet
of a condominium unit may not be leased to a second party.
(13)
The publicly leased slips shall be sufficiently
separated from the residential portion of the project so as to avoid
public access to the private boat slips.
(14)
Boats docked in slips may not be used as dwelling
units.
(15)
Storage of boats may be permitted in the leased
slip parking area between the period of October 1 to May 15. Boats
shall be removed by May 15 either by the owner of the boat or the
management. The storage area must be fenced, screened and buffered
from the residential area to the full satisfaction of the requirements
for parking area screening and buffering as otherwise required in
this chapter.
(16)
No painting or sanding shall be permitted within
200 feet of a residential unit. No major engine work or overhauling
of engines shall be permitted in the boat storage area. No rack storage
system will be allowed to facilitate the storage of boats.
H.
Parking.
[Amended 8-2-2022 by Ord.
No. 22-2055]
(1)
Parking for residential uses shall be required in accordance
with the New Jersey Residential Site Improvement Standards (N.J.A.C.
5:21-1 et seq.).
[Amended by Ord. No. 1269]
A.
Purpose of RMT-H Zone. This residential district is established in order to achieve the general goals as stated in § 230-2 and for the following specific purposes:
(1)
Encourage the preservation and enhancement of
historic architecture;
(2)
Promote a desirable visual environment through
creative development techniques and goal design arrangements to ensure
compatibility of all development in this zone with the historic nature
of the area;
(3)
Support the protection of areas and/or buildings
of special character and unique historic and aesthetic value which
may reflect elements of the cultural, social, economic and architectural
history of the community;
(4)
Preserve and enhance structures and locations
which reflect the heritage of the community; maintain and develop
harmonious settings for such structures and locations; and
(5)
Promote the appreciation of landmark sites and
structures for the education, pleasure and enrichment of the citizens
of the Borough.
B.
Permitted principal uses.
(1)
Townhouse dwelling units.
(2)
Two-family residential dwelling units.
[Amended 8-2-2022 by Ord.
No. 22-2055]
(3)
Single-family residential dwelling units.
(4)
Adoptive reuse of existing historic structures
to be preserved.
(5)
Mid-rise residential apartment structures (three stories to
seven stories in height).
[Added 7-2-2013 by Ord. No. 13-1847]
(6)
Office
uses, including medical and dental, in existing structures which are
deemed to be of a historical nature and/or architecturally significant.
[Added 7-2-2013 by Ord. No. 13-1847]
(7)
Artist
and/or photography studios and/or offices.
[Added 7-2-2013 by Ord. No. 13-1847]
C.
Permitted accessory uses.
(1)
Private garage space and parking area.
[Amended 10-20-2020 by Ord. No. 20-2014]
(2)
Private recreational facilities, such as but
not limited to swimming pools, tennis courts and satellite dish antennas
(receive only), provided these uses shall be noncommercial and that
all lighting shall be directed away from adjacent lots.
(3)
Greenhouses, toolsheds and other similar structures.
(4)
Fences, walls and hedges.
D.
Conditional uses.
E.
Bulk regulations.
(1)
The requirements for this district of lot area and width, yard dimensions, building coverage and height shall be listed in the bulk schedule contained in § 230-149 of the chapter.
(a)
Townhouses: as regulated by the RMT-H Zone.
(b)
Two-family dwellings: as regulated by the RB
Zone, except that density regulations of RMT-H shall apply.
[Amended 8-2-2022 by Ord.
No. 22-2055]
(c)
Single-family dwellings: as regulated by the
RA Zone, except that density regulations of RMT-H shall apply.
(d)
Mid-rise buildings: as regulated by the RMT-H Zone.
[Added 7-2-2013 by Ord. No. 13-1847]
(e)
Offices: as regulated by the RMT-H Zone.
[Added 7-2-2013 by Ord. No. 13-1847]
(f)
Maximum floor area ratio for permitted offices and studios: .028.
[Added 7-2-2013 by Ord. No. 13-1847]
(2)
Other RM-T bulk regulations:
[Amended 7-2-2013 by Ord. No. 13-1847]
(a)
Minimum building setback from an exterior tract boundary: 25 feet.
(b)
Minimum front yard setback: 100 feet.
(c)
Minimum rear yard setback: 25 feet.
(d)
Minimum distance between buildings: 30 feet between nonwindow walls
and 55 feet between window walls.
(e)
Minimum building setback from an interior street line: 25 feet. This
requirement does not apply to mid-rise apartment structures.
G.
Regulations for townhouses.
(2)
The minimum width of any townhouse shall be
20 feet.
(3)
No more than eight townhouse units shall constitute
a townhouse row or attached row of units in one building.
(4)
The townhouses shall be constructed in a staggered
fashion so that the front wall of every two townhouse units is a minimum
of four feet from the front building line of the two townhouse units
on either side.
(5)
Each townhouse unit shall have two means of
entrance and exit separate and apart from that of any other unit.
(6)
Each townhouse unit shall have two exterior
walls with window access to light and air.
(8)
The following open space requirements shall
be met:
(a)
A minimum of 25% of the total site area shall
be devoted to open space.
(b)
At least an additional 10% of the total site
area shall be developed as active and passive recreation facilities.
(c)
Recreation areas may include but are not limited
to swimming pools and related facilities, bicycle and walk paths,
tennis courts or other appropriate facilities.
(d)
For purposes of this provision, "open space,"
"open space area," and "recreation area" shall be exclusive of required
front, side and rear yards, driveways, parking areas, loading or storage
areas and shall be maintained exclusively for residents of the site.
All required open space and recreation areas shall be fully contiguous
and accessible to the residential development to which it serves.
(e)
Such space shall not be located closer than
20 feet from a public street, interior road or driveway.
(9)
A planted buffer area shall be provided along
exterior lot lines. The buffer shall be a minimum width of 10 feet.
Planting material shall be at least six feet in height at the time
of planting.
(10)
All areas not devoted to structures, parking
areas, and other required uses shall be landscaped in accordance with
an approved landscape plan. Wherever possible, natural features shall
be preserved.
(11)
Off-street parking spaces for units shall be
provided in parking areas located within 50 feet of each dwelling
unit. Parking areas, driveways and walkways shall be illuminated,
screened and buffered with shade trees and evergreens.
(12)
All streets, roads, driveways, and other public
improvements shall be constructed and maintained in accordance with
the chapter.
(13)
All townhouse units shall be served by public
water and sanitary sewer lines, the plans for which shall be approved
by the Borough Engineer prior to the issuance of a building permit.
(14)
All utilities necessary to serve the townhouse
units shall be installed underground.
(15)
Prior to approval of any application for a multifamily development in this zone, the applicant, through licensed professional expertise, shall submit an environmental impact statement, prepared in conformance with § 230-81 of this chapter, and shall additionally provide by mapping an outbound survey of all areas found to be environmentally or ecologically sensitive. Further, soil tests, based upon laboratory analysis of both test pits and test borings, shall be provided.
(16)
[1]No development shall be permitted within any land area
deemed to be environmentally sensitive, based upon the findings of
fact by the reviewing board as a result of its analysis and review
of the submitted environmental impact statement.
[1]
Editor’s Note: Former Subsection G(16), which pertained
to a 100-foot-wide buffer in environmentally or ecologically sensitive
areas, was repealed 7-2-2013 by Ord. No. 13-1847. This ordinance also redesignated
former Subsection G(17) through (20) as Subsection G(16) through (19),
respectively.
(17)
A specific affordable housing set-aside of 10%
of all residential units created within this zone shall be made available
for low- and moderate-income families in a methodology consistent
with the rules of the New Jersey Council on Affordable Housing.
(18)
The maximum gross density of dwelling units
in a townhouse development shall not exceed six units per acre for
the total lot area.
(19)
The maximum net density permitted shall not
exceed eight dwelling units per acre of the proposed residential cluster.
H.
Requirements for historic preservation sites: Reserved
for future use.
I.
Parking.
[Amended 7-2-2013 by Ord. No. 13-1847; 8-2-2022 by Ord. No. 22-2055]
K.
Additional regulations for mid-rise residential apartment structures.
[Added 7-2-2013 by Ord. No. 13-1847]
(1)
Density. The gross density permitted is 12 dwelling units per
acre.
(2)
Height. A building height of five stories or 60 feet is permitted.
(4)
Specific affordable housing units set aside of 15% of all residential
units is required. These units shall be developed in accordance with
the rules of the New Jersey Council on Affordable Housing. They may
be on site or off site.
(5)
In accordance with New Jersey Council on Affordable Housing
requirements, 100% of affordable housing units must be constructed
and must obtain a full certificate of occupancy prior to 90% of the
market rate units being constructed.
(6)
Any affordable units constructed off site must receive preliminary
and final site plan approval and must be developed in accordance with
the Land Development Ordinance.
(7)
The following open space requirements shall be met:
(a)
A minimum of 25% of the total site area shall be devoted to
open space.
(b)
At least 3% of the total site area shall be developed as active
and passive recreation facilities.
(c)
Recreation areas may include but are not limited to swimming
pools and related facilities, bicycle paths, tennis courts or other
appropriate facilities. At least one walking path must be provided
and connect with a path or paths in the Rutgers Ecological Preserve
grounds to the north of this RMT-H Zone. Such paths must be open to
the use of the general public.
(d)
For purposes of this provision, "open space" shall be exclusive
of required front, side and rear yards, driveways, parking areas,
and loading or storage areas and shall be maintained exclusively for
residents of the site with the exception of walking paths connecting
to the Rutgers Ecological Preserve grounds.
(e)
Required open space shall be deed restricted against development
that is not considered either active or passive open space.
(8)
A planted buffer area shall be provided along exterior lot lines.
The buffer shall be a minimum width of 10 feet. Planting material
shall be at least six feet in height at the time of planting. Where
there are existing trees, only supplemental plantings where deemed
necessary shall be required.
(9)
All areas not devoted to structures, parking areas, and other
required uses shall be landscaped in accordance with an approved landscape
plan. Whenever possible, natural features shall be preserved.
[Added 10-2-2012 by Ord. No. 12-1840]
B.
Affordable housing. At least 5% of the total number of dwelling units
shall be reserved for low- and moderate-income households as defined
and regulated by the New Jersey Council on Affordable Housing or any
duly authorized successor entity of the State of New Jersey.
C.
Open space. A planned unit residential development shall contain
at least 10,000 square feet of open space, intended for use for passive
or active recreation, appurtenant to the dwelling units.
D.
Permitted accessory uses.
E.
Prohibited uses. Any principal uses, including commercial uses, not
specifically listed as permitted principal uses shall be prohibited.
F.
Bulk and other regulations.
(1)
Single-family detached dwelling units shall conform to the standards
of the RA Zone, except that, for lots having a minimum width of 60
feet and a minimum area of 6,000 square feet, the following standards
shall supersede the RA Zone standards:
(2)
Townhouses and stacked townhouses shall conform to the following
standards:
(a)
Minimum setback to exterior tract boundary: 35 feet.
(c)
Minimum building setback to parking areas and roadways: 10 feet.
(e)
Maximum lot (building) coverage: 35% of the tract area, excluding
acreage in single-family lots.
(f)
Maximum impervious coverage: 55% of the tract area, excluding
acreage in single-family lots.
(g)
Maximum number of attached dwelling units in a townhouse row:
10. (The second unit in a stacked townhouse design is not to be counted
in the maximum row limit.)
I.
Inapplicability of other standards.
(1)
Where single-family dwellings on separate lots are proposed
as part of a planned unit residential development, no buffers to existing
residences on properties abutting the PURD-1 Zone shall be required.
J.
Findings for development in the PURD-1 Zone. Prior to approval of
any development in the PURD-1 Zone, the Planning Board shall make
the following findings of fact and conclusions:
(2)
That the proposals for maintenance and conservation of the common
open space are reliable, and that the amount, location and purpose
of the common open space are adequate;
(3)
That provisions, through the physical design of the proposed
development, for public services, control over vehicular and pedestrian
traffic, and the amenities of light and air, recreation and visual
enjoyment are adequate;
(4)
That the proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established;
(5)
In the case of a proposed development that contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and of the residents, occupants
and owners of the proposed development in the total completion of
the development are adequate.
K.
Steep slope disturbance. In acknowledgment of the prior disturbance of the PURD-1 Zone, the steep slope provisions of § 230-122 shall not apply. However, clearance of mature trees within 15 feet of the common property line between the planned unit residential development and the existing residential lots fronting on Cleveland Avenue shall be prohibited unless clearance shall impede the grading, utilities or construction of the proposed homes or unless specifically authorized by the Planning Board. Otherwise, unlimited disturbance of steep slopes (10% or greater) shall be permitted, provided that the applicant can reasonably demonstrate to the reviewing body the following:
(1)
The proposed excavation, removal, depositing or disturbance
of soil will be executed in a manner that will not cause significant
erosion or other unstable conditions.
(2)
Provisions shall be made for the proper disposition of surface
water runoff so that it will not create unstable conditions. Appropriate
storm drainage facilities shall be constructed as deemed necessary,
and adequate protective measures shall be provided for downstream
properties both during and after construction.
(3)
Provisions shall be made for any structures or protective measures
that may be required for the protection of the public safety, including,
but not limited to, retaining walls, headwalls and fences.
(4)
Proper facilities have been or will be provided for a safe water
supply and for the disposal of sanitary sewage.
(5)
Any proposed building or structure or attendant protective measures
will not impede the flow of surface water through any stream corridor
or cause an increase in flood heights or velocities.
(6)
Provisions shall be made for the proper disposal of surface
water runoff so that the proposed alteration will not create any unstable
conditions.
(7)
Roadways, drives and parking areas shall be designed so that
any land disturbance will not cause significant erosion.
(8)
Degradation of water resources shall be avoided through the
implementation of best management practices as defined by the New
Jersey Department of Environmental Protection.
(9)
Areas disturbed during construction shall be reestablished with
proper vegetation to reduce erosion and water quality impairment.
[Added 12-16-2014 by Ord.
No. 14-1877]
B.
Site yield and affordable housing. The PURD-2 Zone shall include:
up to 104 market units and six affordable units if all of the housing
is initially offered for sale; or up to 95 market units and five affordable
units if some or all of the housing is initially offered for rent.
In any case, there shall be a five-percent set-aside for affordable
housing. The decision to offer market units and affordable units for
sale or for rent is the developer's decision alone. The developer
shall have the right to construct one model building prior to completing
infrastructure improvements. If the developer secures approvals to
develop the project as a for-sale project and decides to rent units,
the developer will still develop the site in accordance with its prior
approvals for the for-sale project. The sales or rentals of the affordable
units must be in accordance with the applicable New Jersey Council
on Affordable Housing regulations or, in the absence of such regulations,
in accordance with such standards that render all the affordable units
creditworthy against the Borough's affordable housing obligations.
The affordable housing units shall be shall be:
C.
Open space. There shall be at least 10,000 square feet of open space
on site intended for use and reasonably accessible and usable for
as passive or active recreation. Bikeways may be provided at the sole
discretion of the developer.
D.
Permitted accessory uses.
(1)
Private garages and parking areas.
(2)
Private passive or active recreational facilities, including a club house, provided that a clubhouse is exempt from the six-hundred-square-foot area and fifteen-foot height restriction imposed by § 230-91 of this chapter. A clubhouse shall not exceed 25 feet in height.
(3)
Fences, walls and hedges.
(4)
Stormwater structures and facilities.
(5)
Refuse and recycling areas.
(6)
Sales and construction temporary trailers.
(8)
Other accessory uses and structures normally considered incidental
to townhouse, stacked townhouse and multifamily dwellings.
E.
Prohibited uses. Any principal uses, including commercial uses, not
specifically listed as a permitted use shall be prohibited.
F.
Bulk and other regulations. The regulations setting forth the intensity
and density of development within the PURD-2 Zone shall apply to the
entirety of the original parcel and not individual lots created by
subdivision.
(2)
Minimum building setback from parking areas: five feet.
(3)
Minimum building setback from interior site roadways: 10 feet.
(4)
Maximum building height: three stories (no more than 48 feet).
(5)
Maximum lot (building) coverage: 35%.
(6)
Maximum impervious coverage: 70%.
(7)
Minimum distance between buildings: 30 feet.
(8)
Front steps/porches/front landings are allowed in the setback.
(9)
Buffer plantings and six-foot-high fencing shall be provided
adjacent to nonresidential zones and along the perimeter with the
railroad. The board reserves the right to prohibit fencing facing
any street.
(10)
In areas between buildings where window walls are less than
55 feet, privacy must be ensured as practicable.
G.
Parking. Parking shall be required in accordance with the Residential
Site Improvement Standards and shall be permitted on access drives
in accordance with the dimensional standards thereof.
J.
Steep slope disturbance. In acknowledgement of the prior disturbance of the PURD-2 Zone, the steep slope provisions of § 230-122 shall not apply, provided that the applicant can reasonably demonstrate to the reviewing body's engineer the following. It is the intent of this section that the reviewing body's engineer can make its findings administratively.
(1)
Proposed excavation, removal, depositing or disturbance of soil
will be executed in a manner that will not cause significant erosion
or other unstable conditions.
(2)
Provision shall be made for the proper disposition of surface
water runoff so that it will not create unstable conditions. Appropriate
storm drainage facilities shall be constructed as deemed necessary,
and adequate protective measures shall be provided for downstream
properties both during and after construction.
(3)
Provision shall be made for any structures or protective measures
that may be required for the protection of the public safety, including
but not limited to retaining walls, headwalls and fences.
(4)
Proper facilities have been or will be provided for a safe water
supply and for the disposal of sanitary sewage.
(5)
Any proposed building or structure or attendant protective measures
will not impede the flow of surface waters through any stream corridor
or cause an increase in flood heights or velocities.
(6)
Provisions shall be made for the proper disposal of surface
water runoff, so that the proposed alteration will not create any
unstable conditions.
(7)
Roadways, drives and parking areas shall be designed such that
any land disturbance will not cause significant erosion.
(8)
Degradation to water resources shall be avoided through the
implementation of best management practices as defined by the NJDEP.
(9)
Areas disturbed during construction shall be reestablished with
proper vegetation to reduce erosion and water quality impairment.
K.
Tree replacement. Development within the PURD-2 Zone shall comply with the Highland Park Tree Removal and Protection Ordinance (Chapter 388 of the Code).
L.
Retaining walls. Retaining walls in the PURD-2 Zone shall be exempt from the setback and height limitations imposed by § 230-100 of this chapter, provided that retaining walls shall not be located within the public right-of-way, a site triangle or within utility easements. A geo-grid support system, however, may extend up to 10 feet into the Janeway Avenue sewer easement, provided that said system does not interfere with use and maintenance of sewer lines within said easement.
M.
Environmental impacts. Development within the PURD-2 Zone is exempt from the requirement to prepare an environmental impact assessment and its required buffers, pursuant to § 230-81 of this chapter. Development within the PURD-2 Zone is exempt from municipal regulations that provide more stringent standards than those imposed by the New Jersey Department of Environment Protection's regulations.
N.
Essential and nonseverable condition. All approvals pursuant to this
ordinance shall be subject to an essential and nonseverable condition
that the developer shall fully comply with the settlement agreement,
dated November 12, 2014.
O.
Conflicts with ordinance. If there are conflicts between the Highland
Park Land Development Ordinance and the standards for the PURD-2 Zone,
the standards for the PURD-2 Zone shall apply. If there are conflicts
between the Highland Park Land Development Ordinance and the New Jersey
Residential Site Improvement Standards (RSIS), the RSIS shall apply.
[Amended by Ord. No. 1228; Ord. No. 1269, Ord. No. 1292; Ord. No. 1441; Ord. No. 1509; Ord. No. 1569, Ord. No. 1588; Ord. No. 1609]
A.
Purpose of commercial districts. Commercial districts are established in order to achieve the general goals as stated in § 230-2 and for the following specific purposes:
(1)
Encourage the tendency of commercial activity
to the mutual advantage of both customers and merchants and thereby
promote public convenience and prosperity.
(2)
Promote the creation of a pedestrian-oriented
commercial environment which encourages maximum pedestrian activity.
(3)
Control vehicular intrusion into the Central
Business District to only designated street rights-of-way, and limit
vehicular intrusion into pedestrian space by restricting vehicular
curb cuts across sidewalk areas to the minimum extent possible.
(4)
Encourage a maximization of off-street parking
facilities to service the commercial activity.
(5)
Promote aesthetically and visually harmonious
development throughout the Central Business District.
B.
Permitted principal uses.
(1)
Retail businesses.
(2)
Personal service establishments.
(3)
Banks and financial institutions on second floor
or above.
(4)
Food consumption establishments (except drive-in
and/or fast-food restaurants).
[Amended 2-15-2011 by Ord. No. 11-1803]
(5)
Package stores and taverns.
(6)
Artist studios and artistic instruction space
are permitted as principal uses on all floors except for the ground,
street-level floor.
(7)
Outdoor
cafes including temporary outdoor dining on the public sidewalk, provided
said outdoor dining does not inhibit pedestrian traffic.
[Added 5-18-2010 by Ord. No. 10-1780]
(8)
Public
assembly facilities and spaces, including but not limited to theaters
and cinemas, where the use is integrated into a mixed-use building
with retail frontage along an arterial road.
[Added 5-18-2010 by Ord. No. 10-1780]
(9)
Carry-out
restaurants are permitted uses so long as they provide a trash container
that is the same as the trash containers used in the CBD Zone's streetscape.
All carry-out restaurants shall be responsible for cleaning in front
of the restaurant, as well as cleaning up all trash attributable to
its product(s) within a reasonable distance of the restaurant.
[Added 2-15-2011 by Ord. No. 11-1803]
(10)
Medical cannabis dispensaries.
[Added 8-17-2021 by Ord.
No. 21-2027; amended 3-15-2022 by Ord. No. 22-2044]
C.
Permitted accessory uses.
(1)
Off-street parking spaces.
(2)
Off-street loading spaces.
(3)
Business, professional and governmental offices
located above commercial uses, not occupying the ground floor.
(4)
Residential uses shall be permitted only on
the second floor and above and may be located on the same floor with
other permitted uses.
(5)
Fences, walls and hedges.
(6)
Satellite dish antenna (receive only).
(7)
Outdoor cafes.
(8)
Sidewalk displays.
(9)
Artist studios and artistic instruction space
are permitted accessory uses to art galleries, art supplies stores
and other arts-related retail uses, provided they do not occupy more
than 33% of the total area of the ground floor, and provided that
all windows facing Raritan Avenue or any side street are maintained
with a retail display focus.
D.
Conditional uses.
(1)
Public utility facilities required to provide
the direct service of the utility to the consumers, such as transformers
and pumping stations, but excluding warehouses, service or storage
and treatment yards.
F.
Prohibited uses.
(1)
Used and new automobile and truck dealerships
and rental agencies therein.
(2)
Fast-food and drive-in restaurants.
(3)
Any industrial process, manufacture, assembly
or treatment.
(4)
Automobile service stations, repair shops and
car washes.
(5)
Lumber, fuel and building material storage works
and lawn and garden shops.
(6)
Wholesale laundries, dyeing and cleaning works.
(7)
Arcades and amusement centers where more than
10% of the retail floor area of the business is occupied by any of
the following, exclusively or combined: pool table, pinball, electronic
games and/or other amusement machines or devices of any kind. This
prohibition includes but is not limited to machines and/or devices
requiring electric current to be operable. Nothing herein shall be
construed to bar the installation of the aforesaid games and amusements
in a retail business establishment otherwise unrelated to the operation
of such device.
(8)
Any process or storage use that may be noxious
or injurious by reason of the production or emission of dust, smoke,
refuse matter, gas fumes, noise, vibration or similar substances or
conditions is specifically prohibited.
(9)
Billboards or signs painted or mounted upon
the exterior side or rear walls of any principal or accessory building
or structure, except as permitted under Subsection I(4), and/or freestanding
signs.
(10)
All residential, service, commercial or industrial
uses not specifically permitted in this zone.
(11)
Drive-in or drive-through features for restaurants,
banks or any other food, personal service or business establishment.
(12)
Adult bookstores and amusement facilities.
(13)
Any exterior storage of goods or materials.
G.
Off-street parking and loading.
(1)
Parking and loading requirements.
(a)
Public and private parking lots are permitted.
(b)
Off-street loading berths for all retail and
commercial establishments having a gross floor area in excess of 10,000
square feet: one loading space for every 10,000 square feet or fraction
thereof of gross floor area.
(c)
Parking requirements may be met in the CBD Zone
through a shared parking arrangement between compatible uses. The
off-site parking shall be located within two blocks of the subject
property. Documentation shall be provided to support the feasibility
of shared parking, including an analysis of the uses sharing the parking
and the peak usage periods for each, hours of operation of uses proposed
to share the parking, and lot capacity (number of spaces). A written
contractual arrangement shall be secured for a minimum three-year
period, with a renewable option between parties.
(d)
Central Business District parking requirements:
[Amended 8-2-2022 by Ord.
No. 22-2055]
|
Use
|
Parking Requirement
|
|---|---|
|
Residential uses
|
*
|
|
Permitted businesses/personal services
|
1/450 square feet gross floor area
|
|
Restaurants
|
1 per 3 seats
|
|
Banks
|
1/350 square feet gross floor area
|
|
Medical offices
|
1/250 square feet gross floor area
|
|
Retail uses
|
1/500 square feet gross floor area
|
|
Artist studio
|
1/1,000 square feet gross floor area
|
|
Artistic instruction space
|
1/450 square feet gross floor area
|
|
* Parking for residential uses shall be required
in accordance with the New Jersey Residential Site Improvement Standards
(N.J.A.C. 5:21-1 et seq.).
|
(2)
Calculation of parking requirements:
(a)
The construction of new buildings in the CBD Zone shall meet the parking requirements set forth in the table provided in Subsection G(1)(d).
(b)
If there is a change in building occupancy (tenancy), but not use [as defined by use categories in Subsection G(1)(d)], and no physical expansion, additional parking above what is already provided (on site, off site, or through a shared parking agreement) is not required.
(c)
If an expansion is proposed on an existing building
with no change of use, then the additional parking requirement generated
by the expansion is calculated on the square footage of the expansion
only.
(d)
If there is a change in building occupancy and
use (but not physical expansion), then the parking requirement is
computed based on the difference between the parking required for
the existing (prior) use versus the parking required for the new (proposed)
use, provided there shall be no reduction in the amount of any existing
on-site or designated off-site parking.
(e)
If an expansion is proposed on an existing building
in conjunction with a change of use, parking requirements are calculated
as follows:
[1]
The difference in parking requirements between the two uses (existing/prior and proposed) is calculated for the existing structure using the standards in Subsection G(1)(d).
[2]
The parking is calculated for the area of the
addition based on the proposed use.
[3]
The sum of Subsection G(2)(e)[1] and [2] is the parking requirement for the total structure, provided there shall be no reduction in the amount of any on-site or designated off-site parking that served the existing or prior use.
H.
Additional regulations.
(1)
Where a nonresidential use is contiguous to
a residential use or zone, there shall be a landscaped buffer strip
along the perimeter of the property where it is contiguous to such
residential property or zone. Such buffer strip shall be at least
10 feet in depth, measured from the residential property line. The
ten-foot width of the buffer strip shall be used as a planting strip,
on which shall be placed a fence and plant material (trees, shrubs,
plants) a minimum of six feet in height. At least 50% of all planted
materials shall be of evergreen species.
(2)
The reviewing board, when analyzing Central
Business District development applications, shall require the applicant
to make a reasonable effort to provide harmonious architectural interrelationship
of the front facade and signage of the application site consonant
with the front facade and signage of the existing structures on either
side of the application site. This shall be accomplished by architectural
renderings, comparative photographs, etc.
(3)
All elevators included in any project within
this zone shall provide adequate width and length within the elevator
car and shall provide adequate elevator door width for use by any
and all stretchers and such other victim transport utensils or other
devices used by the Highland Park emergency services agencies.[1]
[1]
Editor's Note: Former Subsection I, Permitted signs, as amended,
which immediately followed this subsection, was repealed 7-16-2024 by Ord. No. 24-0287]
[Amended by Ord. No. 1269; Ord. No. 1292; Ord. No. 1141; Ord. No. 1509; Ord. No. 1569]
The following regulations shall apply in the
C Commercial Zone:
A.
Purpose of commercial zone. Commercial districts are established in order to achieve the general goals as stated in § 230-2 and for the following specific purposes:
(1)
Encourage the tendency of commercial development
to cluster to the mutual advantage of both customers and merchants
and thus to promote public convenience, prosperity and welfare.
(2)
To protect commercial development against the
establishment of uses which would create hazards, offensive noise,
vibrations, smoke, dust, odors, heat, glare and other objectionable
influences.
(3)
To protect commercial development against congestion
as far as is possible and appropriate in each area by limiting the
bulk of buildings in relation to the land around them and to one another.
B.
Permitted principal uses.
(1)
All uses permitted in § 230-140B for the CBD Zone, with the exception of carry-out restaurants.
[Added 2-15-2011 by Ord. No. 11-1803]
(2)
Restaurants.
(3)
Lawn and garden shops.
(4)
Professional offices.
(5)
Laboratories.
[Amended 11-9-2021 by Ord. No. 21-2036]
(6)
Computer or electronic services or rental.
(7)
Retail integrated developments of such uses
as retail stores and shops, personal service establishments, professional
and business offices, banks and restaurants housed in an enclosed
building or buildings and utilizing such common facilities as customer
parking areas, pedestrian walks, truck loading and unloading space,
utilities and sanitary facilities and other necessary and appropriate
uses, subject to and in conformance with the regulations specified
herein.
(8)
Medical cannabis dispensaries.
[Added 8-17-2021 by Ord.
No. 21-2027; amended 3-15-2022 by Ord. No. 22-2044]
C.
Permitted accessory uses.
(1)
Off-street parking spaces, parking garages and
off-street loading areas.
(2)
Enclosed storage of goods incidental to the
conduct of the retail business not exceeding 10% gross lot area and
not exceeding maximum impervious coverage requirement of this zone.
(3)
Fences, walls and hedges.
(4)
Satellite dish antenna (receive only).
D.
Conditional uses.
(1)
Public utility facilities required to provide
the direct service of the utility to the consumers, such as transformers
and pumping stations, but excluding warehouses, service or storage
and treatment yards.
(2)
Automobile service and repair garages, gas stations.
Any existing automobile service and repair garage shall be hereby
excepted and deemed to continue as a permitted use whereby changes
to the business shall require zoning permit approval only, or any
addition or expansion of the use shall require site plan approval
only, without the necessity of a conditional use application.
[Amended 3-15-2022 by Ord. No. 22-2043]
(3)
Fraternal, charitable and philanthropic institutions.
(4)
New and used car/truck dealerships, sales and
service.
(5)
Drive-in banks.
F.
Prohibited uses.
(1)
All residential, service, commercial or industrial
uses not specifically permitted in this zone.
(2)
Any use that may be noxious or injurious by
reason of the production or emission of dust, smoke, refuse matter,
coal or gas fumes, noise, vibration or similar substances or conditions
is specifically prohibited.
(3)
Billboards or signs painted upon the exterior
side or rear walls of any principal or accessory building or structure.
(4)
Any process of manufacture, assembly or treatment.
(5)
Lumber, fuel and building material storage works.
(6)
Arcades and amusement centers where more than
10% of the retail floor area is occupied by any one of the following,
exclusively or in combination: pool table, pinball, electronic and/or
other amusement machines or devices of any kind. This prohibition
includes but is not limited to machines and/or devices requiring electric
current to be operable. Nothing herein shall be construed to bar the
installation of the aforesaid games and amusements in a retail business
establishment otherwise unrelated to the operation of said devices.
However, in no case may said devices occupy more than 10% of the total
retail floor area open to public access.
(7)
Car washes.
(8)
Class 1 cannabis cultivators, Class 2 cannabis manufacturers,
Class 3 cannabis wholesalers, and Class 4 cannabis distributors, as
said terms are defined in this Code.
[Added 8-17-2021 by Ord.
No. 21-2027]
G.
Off-street parking and loading.
(1)
For permitted business, laboratory and service
establishments: one parking space for each 300 square feet of gross
floor area.
[Amended 11-9-2021 by Ord. No. 21-2036]
(2)
Off-street loading berths for all retail and
commercial establishments having a gross floor area in excess of 10,000
square feet: one loading space for every 10,000 square feet or fraction
thereof of gross floor area.
(3)
Public and private parking lots are permitted.
(4)
Banks: one space for each 100 square feet of
gross floor area.
(5)
Restaurants: one off-street parking space per
each three seats, plus one off-street parking space per employee on
the maximum shift.
(6)
For medical professional offices, off-street
parking must be provided at the rate of three off-street parking spaces
for each professional staff member plus one space for each permanent
employee or one parking space for each 100 square feet of gross floor
area, whichever is greater.
H.
Additional regulations.
(1)
Where a nonresidential use is contiguous to
a residential property, use or zone, there shall be a landscaped buffer
strip along the perimeter of the property where it is contiguous to
such residential property or zone. Such buffer strip shall be at least
10 feet in depth, measured from the residential property line. The
ten-foot width of the buffer strip shall be used as a planting strip,
on which shall be placed a fence and plant material (trees, shrubs,
plants) a minimum of six feet in height. At least 50% of all planted
materials shall be of evergreen species.
(2)
All elevators included in any project within
this zone shall provide adequate width and length within the elevator
car and shall provide adequate elevator door width for use by any
and all stretchers and such other victim transport utensils or other
devices used by the Highland Park emergency services agencies.[1]
[1]
Editor's Note: Former Subsection I, Permitted signs, which
immediately followed this subsection, was repealed 7-16-2024 by Ord. No. 24-0287]
[Amended by Ord. No. 1269; Ord. No. 1292, Ord. No. 1509; Ord. No. 1569; Ord. No. 1633]
The following regulations shall apply in the
PO Professional Office Zone:
C.
Conditional uses.
(1)
Public utility facilities required to provide
the direct service of the utility to the consumers, such as transformers
and pumping stations, but excluding warehouses, service or storage
and treatment yards.
E.
Off-street parking and loading.
[Amended 11-9-2021 by Ord. No. 21-2036; 8-2-2022 by Ord. No. 22-2055]
(1)
Parking for residential uses shall be required in accordance
with the New Jersey Residential Site Improvement Standards (N.J.A.C.
5:21-1 et seq.).
(2)
Parking for nonresidential uses shall be required in accordance
with the following minimum standards:
(a)
For medical professional offices, off-street parking must be
provided at the rate of three off-street parking spaces for each professional
staff member plus one space for each permanent employee or one parking
space for each 100 square feet of gross floor area, whichever is greater.
(b)
For permitted business, office, laboratory and service establishments:
one parking space for each 300 square feet of gross floor area.
F.
Additional regulations.
(1)
All areas not devoted to structures, parking
areas or other required uses shall be landscaped and maintained. Wherever
possible, natural features shall be preserved. Landscaped areas shall
be maintained at the expense of the owner.
(2)
A buffer area shall be provided at least 10
feet in width where adjoining a residential zone or residential use.
The buffer area shall be suitably graded and planted or attractively
surfaced and shall contain within such massed evergreen shrubbing
of at least six feet in height and of such species as will produce
within two growing seasons a screen of at least six feet in height.
(3)
All elevators included in any project within
this zone shall provide adequate width and length within the elevator
car and shall provide adequate elevator door width for use by any
and all stretchers and such other victim transport utensils or other
devices used by the Highland Park emergency services agencies.
G.
Prohibited uses.
(1)
Any use that may be noxious or injurious by
reason of the production or emission of dust, smoke, refuse matter,
fumes, noise, vibrations or similar nuisance substance or conditions
is specifically prohibited.
(2)
Any use not contained within the permitted principal,
accessory or conditional uses of this district is prohibited.
(3)
Billboards or signs painted upon the side or
rear exterior walls of any principal or accessory building or structure.
(4)
All residential, service, retail commercial
or industrial uses not specifically permitted in this zone.
[Amended by Ord. No. 1246; Ord. No. 1259; Ord. No. 1969; Ord. No. 1569; Ord. No. 1524]
The following regulations shall apply in the
LI Light Industrial Zone.
A.
Purpose of the LI Light Industrial Zone. The Light
Industrial Zone is created to achieve the following specific goals:
(1)
To provide sufficient space in appropriate locations
for attractive, modern, landscaped industrial complexes which do not
create any hazards or create noise, vibrations, smoke, dust, odors,
heat, glare and other objectionable influences, such as heavy trucking,
which would be offensive to adjoining lands that require an environment
free from these influences.
(2)
To provide protection for nonindustrial zones
or uses bordering the Light Industrial Zone or in close proximity
thereto.
B.
Permitted principal uses.
(1)
Business, professional and governmental offices.
(2)
Light industrial manufacturing, processing and
assembling of products.
(3)
Wholesale offices and showrooms with accessory
storage of goods.
(4)
Warehousing of finished products and materials
for distribution.
(5)
Electrical, heating, ventilating, air-conditioning,
plumbing and refrigeration equipment sales and service businesses.
(6)
Computer and/or electronic assembly, services
or rental.
(8)
Laboratories.
[Added 11-9-2021 by Ord.
No. 21-2036]
C.
E.
Bulk regulations.
(1)
The requirements of this district of lot area and width, yard dimensions, building coverage, and height shall be listed in the bulk schedule contained in § 230-149 of this chapter for the LI Zone.
(2)
Height limit of 35 feet shall be enforced for
all light industrial sites abutting residential zones or residential
uses. Height may be increased one foot vertical for each additional
one foot horizontal of setback increment.
F.
Prohibited uses.
(1)
Residences of any type.
(2)
Retail business of any type, except as otherwise
specified.
(3)
Religious institutions and schools, charitable
and philanthropic institutions.
(4)
Any process or storage use that may be noxious
or injurious by reason of the production or emission of dust, smoke,
refuse matter, gas fumes, noise, vibration or similar substances or
conditions is specifically prohibited.
(5)
Refining, processing, distribution, transmission
and storage of any gasoline or crude oil, or the manufacture of bottled
fuel gas or any of the principal products or by-products of the petrochemical
industry.
(6)
Billboards and painted exterior wall signs.
(7)
Storage tanks are specifically prohibited except
when the material stored or storage of material is not the principal
use of the site but only provides for an ancillary or utility function
and not a process function to the principal use.
(8)
The manufacture of heavy chemicals, such as
but not limited to mineral acids or other corrosives, ammonia, caustic
soda and sulfuric acid.
(9)
The manufacture of cellulose products, resins,
dye stuff, glue, vegetable, animal or mineral fats or oils, explosives,
combustible gases, soap and other surfactants, fertilizer derived
from animal originals, asphalt and tar products.
(10)
The manufacture or production of metals and
alloys in ingot form, matches, paints, oils, varnishes, lacquer, rubber
or rubber products.
(11)
The slaughtering, tanning and/or processing
of animals or fowl.
(12)
The processing, sale, storage, auctioning or
reclamation of junk of any kind, including automobile wrecking and/or
storing; recyclable materials storage, processing or incineration.
(13)
The manufacturing or refining of asphalt; blast
furnaces, boiler works and forge shops; the manufacture or processing
of cork, fertilizer, linoleum or oil cloth and glue or gelatin; the
tanning of hides and skins; slaughterhouses; the manufacture of paint,
oil or varnish.
(14)
The manufacture or bulk storage of fireworks
and explosives, illuminating gas or poisonous gases.
(15)
Any use involving the storage or manufacture
of radioactive materials.
G.
Off-street parking and loading.
(1)
Off-street parking space with appropriate access
thereto shall be provided on the same lot it is intended to serve,
as follows:
(a)
Three spaces for every 1,000 square feet of
gross floor area of the establishment or one space for each two employees
at the time of peak operation, whichever is greater.
(b)
Not more than two two-way driveways as means
of ingress and egress for parking areas shall be permitted for each
400 feet of frontage on a public street, nor shall any such driveway
be located within 100 feet of the intersection of two public streets.
(c)
Off-street parking areas for visitors and/or
employees shall be designed to provide for a convenient flow of circulation.
(d)
For medical professional offices, off-street
parking must be provided at the rate of three off-street parking spaces
for each professional staff member plus one space for each permanent
employee or one parking space for each 100 square feet of gross floor
area, whichever is greater.
(e)
For permitted business, office, laboratory and
service establishments: one parking space for each 300 square feet
of gross floor area.
[Amended 11-9-2021 by Ord. No. 21-2036]
(2)
Truck loading and unloading areas shall be provided
to permit the transfer of goods and products in other than a public
street, off-street parking area or required front yard area, at the
rate of one space for each 15,000 square feet of gross floor area.
(3)
None of the above-mentioned off-street parking
or off-street loading spaces may be applied to more than one requirement,
nor may any site serve more than one function.
H.
Additional regulations.
(1)
All activities and process shall take place
within an enclosed building; incidental storage out of doors shall
be shielded from view from public streets and adjacent off-street
parking areas by fencing, landscaping or other appropriate measures
at least 10 feet in height and five feet in width.
(2)
A buffer area of 50 feet in width shall be established
adjacent to any residential use or zone, except that, wherever a lot
is across the street from a residential zone, a buffer area of 25
feet from the front lot line shall be established. A buffer area of
50 feet in width shall be established adjacent to all other zones.
Said buffer areas shall provide a minimum of 15 feet in width of densely
planted evergreen species to accomplish a minimum landscaped screen
height of six feet, based upon a landscaping plan submitted for review
and approval. Due to the proposed nature of use, a berm may be required
by the approving authority to achieve adequate buffering.
(3)
All elevators included in any project within
this zone shall provide adequate width and length within the elevator
car and shall provide adequate elevator door width for use by any
and all stretchers and such other victim transport utensils or other
devices used by the Highland Park emergency services agencies.[1]
[1]
Editor's Note: Former Subsection I, Permitted signs, which
immediately followed this subsection, was repealed 7-16-2024 by Ord. No. 24-0287]
[Amended by Ord. No. 1269; Ord. No. 1372; Ord. No. 1569]
The following regulations shall apply in the
QP Quasi-Public Zone.
A.
Purpose of the QP Quasi-Public Zone. The Quasi-Public
Zone is established to achieve, among others, the following specific
purposes:
D.
Conditional uses.
(1)
Nursing, convalescent, institutional facilities.
(2)
Day-care facilities.
(3)
Public utility facilities required to provide
the direct service of the utility to the consumers, such as transformers
and pumping stations, but excluding warehouses, service or storage
and treatment yards and offices.
(4)
Residential uses as permitted in and subject
to the same regulations as found in the RM-T Zone.
G.
Parking.
(1)
Off-street parking space with appropriate access
thereto shall be provided on the same lot or tract it is intended
to serve, in accordance with the following minimum standards:
(a)
Fraternal, charitable and philanthropic institutions:
one off-street parking space per 100 square feet of gross floor area.
(b)
Private schools.
[1]
Preschool and elementary: 1.2 spaces/classroom,
but not less than one per teacher and staff.
[2]
Intermediate: 1.5 spaces/classroom, but not
less than one per teacher and staff.
[3]
Secondary: 2.5 spaces/classroom plus one space
for each eight pupils in 11th and 12th grades.
[4]
Colleges and other educational institutions:
one space per two students.
(c)
For nursing, convalescent and retirement institutions,
off-street parking shall be provided at the rate of one space for
each bed and one space for each two employees.[1]
[1]
Editor's Note: Former Subsection H, Permitted signs, which
immediately followed this subsection, was repealed 7-16-2024 by Ord. No. 24-0287]
[Amended by Ord. No. 1269; Ord. No. 1569]
The following regulations shall apply in the
CS Community Service Zone.
A.
Purpose of the CS Community Service Zone. The Community
Service Zone is established to achieve, among others, the following
specific purposes:
D.
Conditional uses.
(1)
Conditional uses shall be permitted only in
those areas determined not to be environmentally sensitive, based
upon the findings of fact by the reviewing board as a result of its
analysis and review of the submitted environmental impact statement.
(2)
Prior to approval of any application for a conditional use permitted in this zone, the applicant, through licensed professional expertise, shall submit an environmental impact statement, prepared in conformance with § 230-81 of this chapter, and shall additionally provide by mapping an outbound survey of all areas found to be environmentally or ecologically sensitive. Further, soil tests, based upon laboratory analysis of both test pits and test borings, shall be provided.
(3)
A one-hundred-foot-wide buffer shall be provided
between all areas determined to be an environmental or ecological
sensitive area. No building, pavement or other development other than
supplemental landscaped plantings shall occur within this one-hundred-foot-wide
buffer area.
F.
Prohibited uses.
[Amended by Ord. No. 1569]
The following regulations shall apply in the
C/R Conservation/Recreation Zone.
A.
Purpose of C/R Conservation/Recreation Zone. The Conservation/Recreation
Zone is established to achieve, among others, the following specific
purposes:
F.
Prohibited uses.
(1)
All uses, structures or buildings not specifically
permitted in this zone, including but not limited to residential,
commercial, industrial, professional office, quasi-public and institutional.
(2)
No development or improvement of any kind shall
be permitted within any land area deemed to be environmentally sensitive,
based upon the findings of fact by the reviewing board as a result
of its analysis and review of the submitted environmental impact statement.[1]
[1]
Editor's Note: Former Subsection G, Permitted signs, which
immediately followed this subsection, was repealed 7-16-2024 by Ord. No. 24-0287]
[Amended by Ord. No. 1269; Ord. No. 1490; Ord. No. 1569]
The following regulations shall apply in the
SC Senior Citizen Housing Zone.
E.
Prohibited uses.
(1)
All residential, commercial, institutional,
professional offices, and industrial uses not specifically permitted
in this zone.
F.
Additional regulations.
(1)
All elevators included in any project within
this zone shall provide adequate width and length within the elevator
car and shall provide adequate elevator door width for use by any
and all stretchers and such other victim transport utensils or other
devices used by the Highland Park emergency services agencies.
[Added by Ord. No. 1633; amended 11-9-2021 by Ord. No. 21-2036]
A.
Stream corridor protection areas. Stream corridor
protection areas are required to be delineated as the most restrictive
limit of the two distances established in accordance with the following
schedule:
|
Stream Category
|
Minimum Distance from Banks of the Waterway
(feet)
|
Minimum Distance from the Outer Limit
of the One-Hundred-Year Flood Zone on Both Sides of the Waterway
(feet)
|
|---|---|---|
|
Delineated or undelineated water body
|
50
|
50
|
B.
Applicability. The regulations of the Stream Corridor
Protection Overlay Zone shall apply to all streams and stream corridors
within the Borough of Highland Park, as follows:
(1)
All tracts that are the subject of an application
for subdivision, site plan, conditional use, or use variance approval
that fall in whole or in part within a stream corridor protection
area shall be subject to the standards set forth in this section.
(2)
All new lots in major and minor subdivisions and site plans shall be designed to provide sufficient areas outside of stream corridors and stream corridor buffers to accommodate principal buildings and uses as well as any permitted accessory uses. The application shall not be approved unless the requirements set forth in Subsection F have been met, in addition to the submission requirements of Article VIII. All submitted plans, details and calculations shall be prepared, signed and sealed by a New Jersey licensed professional engineer.
C.
Permitted activities. With the exception of uses prohibited in Subsection D, uses which are permitted in the underlying zone are permitted within the Stream Corridor Protection Overlay Zone, provided that all requirements of the Stream Corridor Protection Overlay Zone are satisfied.
D.
Prohibited uses. The following uses are prohibited
in the Stream Corridor Protection Overlay Zone even though they may
be permitted in the underlying zoning.
(1)
New construction of buildings, retaining walls
and any other impervious surface not in the public interest.
(2)
Storage or processing of materials that are
flammable, poisonous, explosive or which could be injurious to human,
animal or fish and other aquatic life for a purpose other than that
of normal household use.
(3)
Sanitary landfills, dumps or other solid waste
disposal facilities.
(4)
Removal, excavation, dredging or filling of
riverine materials, except as allowed by the State of New Jersey.
(5)
Clear cutting of the existing natural vegetation.
(6)
Junkyards.
(7)
Underground or aboveground fuel storage tanks.
(8)
Open storage of road salt or other deicing chemicals
and excavated materials.
(9)
Gasoline stations, car washes, auto repair or
auto body shops.
(10)
Laboratories, processing or manufacturing facilities.
(11)
Dry-cleaning establishments and laundromats.
(12)
Alterations of watercourses (realigning, straightening,
widening or grading of the streambed).
(13)
Regrading natural contours.
(14)
Filling or removal of fill.
(15)
Detention or retention basins and other stormwater
management facilities, excluding outflow structures if designed to
minimize impact on the stream corridor.
(16)
Use of fungicides, herbicides, pesticides and
fertilizers.
(17)
Uses that are not specifically permitted in
the underlying zone are prohibited.
E.
Conditional uses and activities. The following uses
may be permitted upon a finding of fact that the proposal is not significantly
contrary to the objectives of this chapter.
(1)
Public recreational uses not to include enclosed
structures, but permitting piers, docks, and kiosks, usually found
in outdoor recreational areas.
(2)
Fences of wood, wire or other materials which
will not impede the flow of floodwaters and the passage of debris.
(3)
Wildlife sanctuary and/or woodland preserve,
exclusive of structures.
F.
Submission requirements.
(1)
An applicant with a proposed activity within
a Stream Corridor Protection Overlay Zone shall submit to the municipality
a map at a scale of not less than one inch equals 100 feet of the
project site delineating the following:
(a)
The top of the bank of the water body.
(b)
One-hundred-year flood zone of stream;
(c)
Wetland boundary lines;
(d)
The stream corridor and stream corridor protection
area;
(e)
Any steep slope located within the site, as
defined under the steep slopes ordinance; and
(f)
The location of all improvements and land disturbances
proposed to be located within any of the above boundaries.
G.
Time for decision. The appropriate reviewing agency
shall approve, approve with conditions, or deny an application for
a stream corridor development approval within 45 days from the date
of submission of a completed application. Where the request for stream
corridor development is part of a site plan, subdivision or conditional
use or use variance application, the time period regulating those
applications shall apply.
H.
Fees. All applicants shall submit $150 in application
fees and $300 in initial escrow fees.
I.
Waiver. An applicant may seek relief from these requirements
by variance granted by the Planning Board or by the Zoning Board of
Adjustment, as the case may be.
J.
Conservation easements. All approved applications
for subdivision, site plan approval, conditional use or use variance
within a Stream Corridor Protection Overlay Zone shall provide, to
the greatest extent possible, a conservation easement of at least
50 feet from the top of the stream bank or one-hundred-year flood
zone, whichever is greater, for the continued protection of the stream
corridor. If conservation easements are not provided, a deed restriction
shall be executed to ensure that the stream corridor protection area
is retained in a natural state. All such easements and deed restrictions
shall be in a form satisfactory to the Borough Attorney and must be
shown on all plats and surveys of the property.
[Amended by Ord. No. 1347; Ord. No. 1490; Ord. No. 1509; Ord. No. 1514; Ord. No. 1569; Ord. No. 1588; Ord. No. 1609]
|
Key to Zoning Bulk Schedule Requirements
| ||
|---|---|---|
|
RA
|
=
|
Single Family Zone
|
|
RA-E
|
=
|
Single Family Residential — Ecological
Preservation Zone
|
|
RB
|
=
|
Two-Family Zone
|
|
RM-G
|
=
|
Garden Apartment Multifamily Zone
|
|
RM-T
|
=
|
Townhouse Zone
|
|
RM-M
|
=
|
Mid-Rise Residential Zone
|
|
RMT-W
|
=
|
Marina-Townhouse Zone
|
|
RMT-H
|
=
|
Historic Preservation-Townhouse Zone
|
|
SC
|
=
|
Senior Citizen Housing Zone
|
|
CS
|
=
|
Community Service Zone
|
|
C/R
|
=
|
Conservation/Recreation Zone
|
|
CBD
|
=
|
Central Business District Zone
|
|
C
|
=
|
Commercial Zone
|
|
PO
|
=
|
Professional Office Zone
|
|
LI
|
=
|
Light Industrial Zone
|
|
QP
|
=
|
Quasi-Public Zone
|
[1]
Editor's Note: The Zoning Bulk Schedule is included as an attachment to this chapter.
[Added 8-2-2022 by Ord.
No. 22-2055]
A.
Permitted projections.
(1)
Nonenclosed one-story porches, porticos, stoops and entrance
platforms leading to the front entrance on the ground floor may project
no more than eight feet into a front yard setback.
(2)
Nonenclosed one-story porches, porticos, stoops, entrance platforms
and uncovered decks leading to the basement, cellar or the ground
floor may project no more than four feet into a side or rear yard
setback.
(3)
Nonenclosed one-story porte-cochere or carports may project
no more than four feet into a side or rear yard setback.
(4)
Cornices, eaves, cantilevered roofs, gutters, downspouts, awnings,
canopies, bay windows and uncovered balconies may project no more
than three feet into any yard setback.
(5)
Belt courses, windowsills and other similar ornamental features
may project no more than nine inches into any yard setback.
(6)
Window wells may project no more than five feet into any yard
setback.
(7)
Fire escapes may project no more than five feet into a side
or rear yard setback.
(8)
In no case shall a permitted projection attached:
(9)
Accessible ramps and steps leading to a porch, portico, stoop
or other entrance on the ground floor may project into any yard setback
without limitation, provided that such structures do not encroach
upon the public right-of-way and adjoining properties.
(10)
Awnings, canopies and marquees associated with a nonresidential
use on the ground floor may project into the public right-of-way without
limitation, provided that such structures have a vertical clearance
of no less than eight feet and are set back no less than four feet
from the face of curb along the street.
B.
Height exemptions.
(1)
The height limitations of this chapter shall not apply to fire
walls, parapet walls, cornices and other similar elements, provided
that such shall not exceed the applicable height requirements by more
than three feet.
(2)
The height limitations of this chapter shall not apply to building
service equipment (e.g., condensers, cooling towers, exhaust fans,
and other mechanical equipment), solar panels, bulkheads, elevator
penthouses, stair enclosures, roof access stairwells, skylights or
atrium structures, and architectural appurtenances (e.g., chimneys,
cupolas, steeples, belfries, spires, and other similar elements),
provided that such shall not exceed the applicable height requirements
by more than 10 feet.
C.
Minimum separation distance from seasonal high water table elevation.
The following provisions shall apply to all applications involving
the construction, reconstruction, or addition to a single- or two-family
dwelling. In the case of an application involving reconstruction or
addition of less than 500 square feet of building footprint, the following
provisions may be waived at the determination of the Zoning Official,
Borough Engineer, or the board having jurisdiction.
(1)
No less than two test pits shall be completed for up to 5,000
square feet of building footprint, and no less than one additional
test pit shall be completed for each additional 5,000 square feet
of building footprint or part thereof.
(2)
Test pits shall be completed within 15 feet of the perimeter
of the footprint of the proposed structure and/or within the area
of any proposed recharge facility.
(3)
Test pits shall extend to a depth of no less than three feet
below the proposed lowest finished floor elevation, basement floor,
cellar floor, crawl space floor, slab-on-grade construction, and the
bottom of any proposed recharge facility. The results of the test
pits and permeability tests for recharge facilities shall indicate
the nature of the subsoil conditions, the permeability test results,
and the seasonal high water table elevation, and shall be provided
in a report that is signed and sealed by a New Jersey licensed professional
engineer.
(4)
The separation distance between the seasonal high water table
elevation and the proposed lowest finished floor elevation, basement
floor, cellar floor, crawl space floor, slab-on-grade construction,
and the bottom of any recharge facility shall be no less than two
feet.
D.
Maximum separation distance from grade. The following provisions
shall apply to all applications involving the construction of a single-
or two-family dwelling.
(1)
The separation distance between the finished floor elevation
of the ground floor (excluding an attached garage) and the average
finish grade, or preconstruction grade, whichever is lower in elevation,
as measured along the front wall of the structure closest to the street,
shall not exceed four feet.
[Added 8-2-2022 by Ord.
No. 22-2055]
A.
Prevailing front yard setback.
(1)
Front yard setbacks for lots involved in any site plan, subdivision
development or individual application involving a new single- or two-family
dwelling shall be within two feet of the average setback distance
of existing buildings located immediately adjacent to the lot on the
same side of the street in the same block. Setbacks shall be measured
to the nearest part of the dwelling, excluding porches, porticos,
and stoops.
(2)
In no case shall the front yard setback be less than the setback
distance of such existing buildings located immediately adjacent to
the lot or be less than 10 feet.
(3)
In the case where the adjacent lot is a vacant lot, such lot
shall be disregarded and the existing building located immediately
adjacent to the vacant lot shall be utilized, provided it is located
on the same side of the street in the same block.
(4)
In the case where the adjacent lot is a vacant corner lot, such
lot shall be disregarded and the existing building located immediately
adjacent to the other adjacent lot shall be utilized, provided it
is located on the same side of the street in the same block.
(5)
An individual application for an addition to a single- or two-family
dwelling shall not be required to, but may, utilize the prevailing
front yard as permitted above.
B.
Proportional side yard setbacks. Side yard setbacks shall be proportional
to the width of the lot, as follows:
|
Lot Width
(feet)
|
Setback
(feet)
| |
|---|---|---|
|
Single
|
Combined
| |
|
Less than 40
|
5
|
15
|
|
40 to less than 50
|
6
|
16
|
|
50 to less than 60
|
7
|
17
|
|
60 to less than 80
|
8
|
18
|
|
80 to less than 100
|
10
|
20
|
|
100 and greater
|
10
|
25
|
C.
Proportional lot coverage and impervious coverage. Lot coverage and
impervious coverage shall be proportional to the area of the lot,
as follows:
|
Lot Area
(square feet)
|
Lot
|
Impervious
|
|---|---|---|
|
Less than 4,000
|
30.0%
|
45.0%
|
|
4,000 to less than 6,000
|
30.0%
|
42.5%
|
|
6,000 to less than 8,000
|
30.0%
|
40.0%
|
|
8,000 to less than 10,000
|
27.5%
|
37.5%
|
|
10,000 and greater
|
25.0%
|
35.0%
|
D.
Lot coverage and impervious coverage exemptions.
(1)
The following shall be exempt from the calculations for lot
coverage and impervious coverage:
(a)
Mechanical equipment, not to exceed 100 square feet in the aggregate.
Any additional square footage beyond the first 100 square feet in
the aggregate shall be included in the calculations for lot coverage
and impervious coverage.
(b)
Nonenclosed one-story porch, porticos, stoops and entrance platforms
leading to the front entrance on the ground floor, not to exceed 160
square feet in the aggregate. Any additional square footage beyond
the first 160 square feet in the aggregate shall be included in the
calculations for lot coverage and impervious coverage.
(c)
Uncovered decks leading to the basement, cellar or ground floor,
not to exceed 200 square feet in the aggregate. Any additional square
footage beyond the first 200 square feet in the aggregate shall be
included in the calculations for lot coverage and impervious coverage.
(d)
Detached garages located behind the rear wall of the dwelling,
not to exceed 240 square feet in the aggregate. Any additional square
footage beyond the first 240 square feet in the aggregate shall be
included in the calculations for lot coverage and impervious coverage.
(e)
Pervious and/or paver patios at grade, not to exceed 200 square
feet in the aggregate. Any additional square footage beyond the first
200 square feet in the aggregate shall be included in the calculation
for impervious coverage.
(f)
In no case shall all of the above exemptions exceed a total
of 500 square feet in the aggregate. Any additional square footage
beyond the first 500 square feet in the aggregate shall be included
in the calculations for lot coverage and/or impervious coverage.
(2)
Accessible ramps leading to the front entrance on the ground
floor shall be exempt from the calculations for lot coverage and impervious
coverage, without limitation.
[Added 8-2-2022 by Ord.
No. 22-2055]
The lawful use of land or structures existing when this chapter
was adopted may be continued on the lot or in the structure although
they may not conform to this chapter, and any such structure may be
restored or repaired in the event of partial destruction thereof;
provided, however, that none shall be enlarged, extended, relocated,
converted to another use or altered, except in conformity with this
chapter and as permitted below. Land on which a nonconforming use
or structure is located and any nonconforming lot shall not be subdivided
or resubdivided so as to be made more nonconforming in any manner.
A.
General provisions.
(1)
Abandonment. A nonconforming use shall be considered abandoned
if it is terminated by the owner; if a nonconforming use involving
a structure is discontinued; or if a nonconforming use of land without
structure(s) ceases. The subsequent use of the abandoned building,
structure and/or land shall be in conformity with this chapter.
(2)
Conversion to permitted use. Any nonconforming use, structure
or lot may be changed to conform to this chapter but shall not be
changed back to a nonconforming status.
(3)
Maintenance may be performed on a nonconforming use, structure
or lot, provided the maintenance work does not change the use, expand
the building or the functional use of the building, increase the area
of a lot used for a nonconforming purpose or increase the nonconformity
in any manner.
(4)
Restoration and repairs.
(a)
Any nonconforming use or structure which has been condemned
or damaged by fire, explosion, flood, windstorm or act of God shall
be examined by the Code Enforcement Officer. If in the Code Enforcement
Officer's opinion the value of repairing the condition is greater
than 50% of the value of replacing the entire structure, it shall
be considered completely destroyed and may be rebuilt to the original
specifications only upon approval of a use variance as provided by
this chapter.
(b)
Where the value of repairing the condition is determined to
be less than or equal to 50% of the value of replacing the entire
structure, the nonconforming use or structure may be rebuilt and used
for the same purpose as before, provided it does not exceed the area,
bulk and height of the original structure.
(c)
The percent damaged or condemned shall be the current replacement
costs of the portion damaged or condemned computed as a percentage
of the current replacement cost of the entire structure, neither to
include the cost of the foundation unless the foundation is damaged
or condemned.
(5)
Sale. Any nonconforming use, structure or lot may be sold and
continue to function in the same nonconforming manner.
B.
Nonconforming lots. A permitted single- or two-family dwelling on
a lot that is nonconforming with respect to lot area, lot width or
lot depth may be constructed, altered or enlarged and an accessory
structure on a lot that is nonconforming with respect to lot area,
lot width or lot depth may be constructed, altered or enlarged without
an appeal for variance relief, provided that all other provisions
of this chapter are complied with.
[Amended 12-5-2023 by Ord. No. 23-2079]
C.
Nonconforming yard setbacks. A permitted single- or two-family dwelling
that is nonconforming with respect to yard setbacks may be altered
or enlarged without an appeal for variance relief, provided that such
alteration or enlargement does not affect or increase the nonconformity,
except where permitted as follows:
(1)
The alteration or enlargement involves the extension of an existing
exterior side wall with a nonconforming side yard setback that is
no less than 50% of the individual side yard setback requirement.
In no case shall an individual side yard setback be permitted to be
less than three feet from a side or rear lot line.
(2)
The alteration or enlargement involves the extension of an existing
exterior side wall with a nonconforming side yard setback that is
no less than 75% of the combined side yard setback requirement.
(3)
The alteration or enlargement within the setback area shall
be limited to 15 feet in length and one story in height at the ground
floor or second floor. These provisions shall not apply to two-story
additions or additions involving the third floor.
D.
Nonconforming coverage. A permitted single- or two-family dwelling
on a lot that is nonconforming with respect to lot coverage or impervious
coverage may be altered or enlarged without an appeal for variance
relief, provided that such alteration or enlargement does not affect
or increase the nonconformity.
E.
Nonconforming height. A permitted single- or two-family dwelling
that is nonconforming with respect to height may be altered or enlarged
without an appeal for variance relief, provided that such alteration
or enlargement does not affect or increase the nonconformity.
[Added 8-2-2022 by Ord.
No. 22-2055]
A.
Residential design standards and illustrations shall be as provided
in the Residential Form-Based Code.
|
BOROUGH OF HIGHLAND PARK RESIDENTIAL FORM-BASED CODE
| |||||
|
A. Orientation
|
  | ||||
|
(1)
|
The footprint location and front entrance of the dwelling shall
be oriented to face toward and relate to the primary street and public
sidewalk.
| ||||
|
(2)
|
On corner and through lots, the Zoning Official or the Board
having jurisdiction shall have the ability to determine which streets
shall constitute the primary and secondary streets for the purposes
of this subsection.
| ||||
|
B. Public sidewalks.
| |||||
|
(1)
|
Public sidewalks shall be provided in the right-of-way along
all streets.
 | ||||
|
(2)
|
Where such public sidewalk along the street extends beyond the
right-of-way onto private property, a public access easement shall
be provided for the portion of the public sidewalk located on private
property.
| ||||
|
(3)
|
The location and width of sidewalks shall be consistent with
the location and width of existing public sidewalks adjacent to or
near the lot to be developed.
| ||||
|
(4)
|
The width of the public sidewalk shall be no less than four
feet.
 | ||||
|
C. Private walkways.
| |||||
|
(1)
|
Private walkways shall be located on a lot to facilitate pedestrian
access between the public sidewalk and the front entrance of the dwelling,
 with the following exceptions: | ||||
|
a.
|
Lots with a front yard setback of 50 feet or greater.
| ||||
|
b.
|
Lots with a U-shaped driveway.
| ||||
|
(2)
|
The width of the private walkway shall be no less than three
feet.
 | ||||
|
(3)
|
The distance between the private walkway and the driveway shall
be no less than three feet,
 with the exception of the portion
of the private walkway providing access between the driveway and the
front entrance of the dwelling. | ||||
|
D. Front wall length.
|
 | ||||
|
(1)
|
The length of any wall facing a street shall not exceed 40 feet.
| ||||
|
(2)
|
Such wall may extend beyond 40 feet in length by stepping inward
or outward by an offset distance of no less than four feet.
| ||||
|
(3)
|
The length of any wall facing a street to achieve the required
stepping shall be no less than eight feet.
| ||||
|
E. Front wall fenestration.
|
  | ||||
|
(1)
|
The length of a blank wall not containing windows, doors, garage
bay doors or other openings facing a street shall not exceed 15 feet,
as measured on each floor.
| ||||
|
(2)
|
The area of any wall facing a street shall consist of no less
than 15% openings,
with the exception of garage bay doors and basement windows. | ||||
|
(3)
|
For the purposes of this subsection, walls shall be measured
vertically from average finished grade to top of wall and horizontally
from edge of framing to edge of framing. Fascia boards and areas behind
a roof shall be excluded in the calculation of the total area of walls.
Permitted openings shall be measured by the area of their rough openings,
exclusive of trim and other decorative features.
| ||||
|
F. Side wall length.
| |||||
|
(1)
|
The length of any wall facing a side lot line shall not exceed
40 feet.
| ||||
|
(2)
|
Such wall may extend beyond 40 feet in length by stepping inward
or outward by an offset distance of no less than two feet.
| ||||
|
(3)
|
The length of any wall facing the side lot line to achieve the
required stepping shall be no less than eight feet.
| ||||
|
G. Side wall fenestration.
|
  | ||||
|
(1)
|
The length of blank wall not containing windows, doors, garage
bay doors or other openings from the dwelling's front facade shall
not exceed 10 feet, as measured on each floor.
| ||||
|
(2)
|
The length of blank wall not containing windows, doors, garage
bay doors or other openings shall not exceed 25 feet, as measured
on each floor.
| ||||
|
(3)
|
The area of any wall facing a side lot line shall consist of
no less than 5% openings,
 with the exception of garage bay
doors and basement windows. | ||||
|
(4)
|
For the purposes of this subsection, walls shall be measured
vertically from average finished grade to top of wall and horizontally
from edge of framing to edge of framing. Fascia boards and areas behind
a roof shall be excluded in the calculation of the total area of walls.
Permitted openings shall be measured by the area of their rough openings,
exclusive of trim and other decorative features.
| ||||
|
H. Front-entry garage location.
| |||||
|
(1)
|
A one- or two-bay attached front-entry garage facing a street
shall be recessed behind the nearest portion of the dwelling's front
facade by no less than 16 feet,
exclusive of porches or stoops. |
  | |||
|
(2)
|
The required recess may be reduced to no less than eight feet,
exclusive of porches and stoops, provided that:
| ||||
|
a.
|
No less than 50% of the existing single- or two-family detached
dwellings located within 200 feet of the lot on the same side of the
street shall have attached front-entry garages that are recessed behind
the nearest portion of the dwelling's front facade by less than eight
feet, exclusive of porches and stoops; or
| ||||
|
b.
|
The portion of the dwelling containing the garage shall be no
more than one story and 20 feet in height, as measured from the average
finished grade to the top of the roof structure.
| ||||
|
(3)
|
The required recess may be reduced to no less than four feet,
exclusive of porches and stoops, provided that:
| ||||
|
a.
|
No less than 50% of the existing single- or two-family detached
dwellings located within 200 feet of the lot on the same side of the
street shall have attached front-entry garages that are recessed behind
the nearest portion of the dwelling's front facade by less than four
feet, exclusive of porches and stoops; or
| ||||
|
b.
|
The portion of the dwelling containing the garage shall be no
more than one story and 15 feet in height, as measured from the average
finished grade to the top of the roof structure.
| ||||
|
(4)
|
In no case shall the garage bay door(s) be closer to the street
than the front entrance of the dwelling.
| ||||
|
(5)
|
Up to eight feet of a porch may count towards the sixteen-foot
front-entry garage recess requirement,
provided that such porch has the
following dimensions: |
 | |||
|
a.
|
The depth of the porch shall be no less than six feet.
| ||||
|
b.
|
The width of the porch shall be no less than 12 feet.
| ||||
|
c.
|
The distance between the porch and the recess shall be no more
than three feet.
| ||||
|
d.
|
The portion of the dwelling containing the garage shall be no
more than one story and 15 feet in height, as measured from the average
finished grade to the top of the roof structure.
| ||||
|
I. Side or rear-entry garages.
|
  | ||||
|
(1)
|
A garage facing the side or rear of the lot shall be recessed
behind the nearest portion of the dwelling's front facade by no less
than eight feet,
exclusive of porches or stoops. | ||||
|
(2)
|
The required recess may be reduced to no less than four feet,
exclusive of porches and stoops, provided that:
| ||||
|
a.
|
No less than 50% of the existing single- or two-family detached
dwellings located within 200 feet of the lot on the same side of the
street shall have attached side- or rear-entry garages that are recessed
behind the nearest portion of the dwelling's front facade by less
than four feet, exclusive of porches and stoops; or
| ||||
|
b.
|
The portion of the dwelling containing the side- or rear-facing
garage shall be no more than one story or 20 feet in height, as measured
from the average finished grade to the top of the roof structure.
| ||||
|
(3)
|
In no case shall the garage bay door(s) be closer to the street
than the front entrance of the dwelling.
| ||||
|
J. Additional provisions for garages on corner lots.
|
  | ||||
|
(1)
|
On corner lots, a garage shall be located on the side of the
dwelling farthest away from the street intersection.
| ||||
|
(2)
|
On corner lots 60 feet or less in width, the garage shall be
accessed by a driveway from the secondary street.
| ||||
|
(3)
|
On corner lots 60 feet or less in width,
the garage shall be recessed behind
the nearest portion of the dwelling's front facade by no less than
eight feet, exclusive
of porches and stoops. | ||||
|
(4)
|
On corner lots 50 feet or less in width,
the garage shall be recessed behind
the nearest portion of the dwelling's front facade by no less than
four feet, exclusive
of porches and stoops. | ||||
|
(5)
|
On corner and through lots, the Zoning Official or the Board
having jurisdiction shall have the ability to determine which streets
shall constitute the primary and secondary streets for the purposes
of this subsection.
| ||||
|
K. Additional provisions for garages on lots 50 feet or less
in width.
|
  | ||||
|
(1)
|
An attached garage, porte-cochere or carport may extend into
the side yard setback area and combined side yard setback area,
provided that: | ||||
|
a.
|
The structure shall extend no more than five feet
into the setback area. | ||||
|
b.
|
The structure shall be set back no less than five feet
from the side lot line. | ||||
|
(2)
|
The portion of the structure that extends into the setback area
shall be no more than 30 feet in length.
| ||||
|
(3)
|
The portion of the structure that extends into the setback area
shall be no more than one story and 15 feet in height, as measured
from the average finished grade to the top of the roof structure.
| ||||
|
(4)
|
Habitable space may be located above the structure, provided
that the habitable space is located within the permissible building
envelope and does not extend into the setback area.
| ||||
|
(5)
|
Porte-cocheres and carports that extend into the setback area
shall be screened from view from the side lot line with evergreen
landscaping no less than six feet in height at the time of planting
along the entire side of the structure within the side yard setback
area.
| ||||
|
L. Garage design.
|
   | ||||
|
(1)
|
The width of the portion of the dwelling containing the garage
shall not exceed 40% of the overall
width of the dwelling or 30 feet, whichever is less. | ||||
|
(2)
|
The height of the portion of the dwelling containing the garage
shall not exceed the height of
the remaining portion of the dwelling. | ||||
|
(3)
|
In the case where the portion of the dwelling containing the
garage is no more than one story in height, the vertical distance
between the top of the garage bay doors and the bottom of the roof
eave
shall not exceed
three feet.  | ||||
|
(4)
|
In the case where the portion of the dwelling containing the
garage is more than one story in height, a structural shading device
(pent roof, trellis or similar device)
shall be provided between the garage
bay doors and the second floor windows. The vertical distance between
the top of the garage bay doors and the bottom the shading device,
between the top of the shading device and the bottom of the second
floor windows, and between the top of the second floor windows and
the bottom of the roof eave shall not exceed four feet. | ||||
|
(5)
|
For the purposes of this subsection, structural shading devices
and roof eaves shall be measured to the framing elements, exclusive
of trim, supports, brackets and other decorative features Garage bay
doors and windows shall be measured to their rough openings, exclusive
of trim and other decorative features.
| ||||
|
M. Foundation plantings.
|
   | ||||
|
(1)
|
The base along the front of the dwelling and porch facing a
street shall be planted with foundation plantings consisting of deciduous
and/or evergreen shrubs.
| ||||
|
(2)
|
In the case of a corner or through lot, the base along all sides
of the dwelling facing both streets shall be planted with foundation
plantings.
| ||||
|
(3)
|
The base along the side(s) of the dwelling facing a side lot
line shall be planted with foundation plantings consisting of deciduous
and/or evergreen shrubs, with the following exceptions:
| ||||
|
a.
|
The portion of the side yard having a side yard setback that
is less than eight feet in width.
| ||||
|
b.
|
The portion of the side yard where a permitted driveway, walkways,
or patios abutting the side of the dwelling.
| ||||
|
c.
|
The portion of the side yard behind a permitted fence or wall
abutting the side of the dwelling.
| ||||
|
(4)
|
Such plantings shall be no less than two feet tall at the time
of planting, and spaced on average of four feet on center.
| ||||
|
(5)
|
A variety of species is required to avoid a monoculture, as
follows:
| ||||
|
a.
|
In the case where 10 or more foundation plantings are provided,
no more than 1/2 shall be of any single species.
| ||||
|
b.
|
In the case where 15 or more foundation plantings are provided,
no more than 1/3 shall be of any single species.
| ||||
|
c.
|
In the case where 20 or more foundation plantings are provided,
no more than 1/4 shall be of any single species.
| ||||
|
d.
|
The selection of species shall comply with the Borough's "Do
Not Plant" list.
| ||||
|
N. Front yard shade & flowering trees.
|
  | ||||
|
(1)
|
The front yard of the dwelling shall be planted with the following
number of shade and flowering trees for each 50 feet of lot width,
or part thereof: | ||||
|
(2)
|
In the case of a corner or through lot, both front yards shall
be planted with shade and flowering trees. Where front yards overlap
at a street intersection, such portion of the front yard shall only
be counted once for the purposes of calculating the required number
of trees.
| ||||
|
(3)
|
In the case where healthy shade and/or flowering trees in the
front yard currently exist and are proposed to be preserved, such
trees shall be counted toward satisfying the required number of trees.
| ||||
|
(4)
|
Each shade tree shall be a minimum of 2 1/2 inches in DPM
and each flowering tree shall be a minimum of 2 inches in DPM at time
of planting.
| ||||
|
(5)
|
A variety of species is required to avoid a monoculture, as
follows:
| ||||
|
a.
|
In the case where four or more shade trees are provided, no
more than 1/2 shall be of any single species.
| ||||
|
b.
|
In the case where four or more flowering trees are provided,
no more than 1/2 shall be of any single species.
| ||||
|
(6)
|
The selection of species shall comply with the Borough's "Do
Not Plant" list, latest edition.
| ||||
|
(7)
|
Each shade tree shall constitute 1.0 replacement tree and each flowering tree shall constitute 0.75 replacement trees, for the purposes of counting replacement trees as provided by Chapter 388. Tree Removal and Protection.
| ||||
|
O. Street trees.
|
  | ||||
|
(1)
|
Street trees shall be provided at intervals of approximately
25 feet to 40 feet along each side of all streets in consultation
with the Shade Tree Advisory Committee.
| ||||
|
(2)
|
Where public sidewalks are present, street trees shall be located
as follows:
| ||||
|
a.
|
Street trees shall be planted in a planting strip that is at
least five feet in width and set back at least three feet from face
of curb or edge of paved street.
| ||||
|
b.
|
Street trees may be located in a planting strip less than five
feet in width only at direction of the Shade Tree Advisory Committee;
otherwise, they shall be planted three to six feet from the edge of
the sidewalk.
| ||||
|
(3)
|
Where public sidewalks are not present, street trees shall be
located as follows:
| ||||
|
a.
|
Where sidewalks are not present, street trees shall be planted
between four feet to 10 feet from the face of curb or edge of the
paved street.
| ||||
|
(4)
|
No street tree shall be planted in a planting strip within 25
feet of the intersecting curb lines at a street intersection.
| ||||
|
(5)
|
No street tree shall be planted in a planting strip within 10
feet of a driveway opening.
| ||||
|
(6)
|
Such trees shall be a minimum of 2 1/2 inches in DPM at
the time of planting.
| ||||
|
(7)
|
The selection of species shall comply with the Borough's "Do
Not Plant" list, latest edition. In the case where street trees are
to be located under or adjacent to overhead utility lines, species
selection shall be from PSE&G's "Right Tree, Right Place" list,
latest edition, in coordination with the Shade Tree Advisory Committee.
| ||||
|
(8)
|
Each street tree shall constitute 1.0 replacement tree, for the purposes of counting replacement trees as provided by Chapter 388. Tree Removal and Protection.
| ||||
|
P. Driveway location and design.
| |||||
|
(1)
|
Every lot shall have no more than one driveway opening providing
access to a street.
|
 | |||
|
(2)
|
On adjacent lots that have a common or shared driveway, neither
lot shall be permitted to have another driveway opening providing
access to a street.
| ||||
|
(3)
|
The setback of the driveway from the intersecting lot lines
at a street intersection shall be no less than 40 feet.
| ||||
|
(4)
|
The setback of the driveway from a side lot line shall be no
less than three feet.
|
 | |||
|
(5)
|
On adjacent lots that have a common or shared driveway and lots
less than 50 feet in width, there shall be no setback requirement
from the side lot line.
| ||||
|
(6)
|
On lots with a driveway having a setback of less than three
feet from the side lot line,
the driveway shall be constructed
as an inverted crown and/or with a curb edge to prevent stormwater
runoff from entering the adjacent lot. |
 | |||
|
(7)
|
The width of a driveway at the front lot line shall not exceed
12 feet.
| ||||
|
(8)
|
A driveway may flare out wider within the front yard
and the width of the driveway within
the front yard shall
not exceed 20 feet. | ||||
|
(9)
|
A driveway shall not exceed 35% impervious coverage of the front
yard.
| ||||
B.
Those design standards and illustrations contained in Subsections A through O pertaining to residential building design and landscape design as contained therein shall apply to all applications involving construction, reconstruction or addition to a single- and two-family detached dwelling. In the case of an application involving reconstruction or addition of less than 500 square feet of building footprint, the following standards may be waived at the determination of the Zoning Official or the Board having jurisdiction.
C.
Those design standards and illustrations contained in Subsection
P pertaining to driveway location and design as contained therein
shall apply to all applications involving construction, reconstruction
or expansion to driveways.
[Added 8-2-2022 by Ord.
No. 22-2055]
A.
Location.
(1)
No accessory structure shall be located within any front yard
area.
(2)
An accessory structure shall be permitted to be located in the
front yard area along the secondary street, provided that such structure
shall be no closer than 15 feet from the property line along the secondary
street.
(3)
On corner lots and/or through lots, the Zoning Officer or the
board having jurisdiction shall have the ability to determine which
streets shall constitute the primary and secondary streets for purposes
of this subsection.
B.
Setbacks. Accessory structures shall be set back a minimum distance
from the side and rear lot lines, based on the size of such structure
and the district in which it is located, as follows:
(1)
RA and RB Districts: three feet, provided that the structure
does not exceed 100 square feet in area and does not exceed a height
of 10 feet above grade.
(2)
RA, RA-E (Residential Cluster), RB, RM-T, RMT-W, RMT-H, SC,
CBD, C and PO Districts: five feet.
(3)
RA-E, RM-G, RM-M, CS, and LI Districts: 10 feet.
(4)
C/R and QP Districts: 25 feet.
C.
Gross floor area. No accessory structure in conjunction with a single-
or two-family dwelling shall exceed 600 square feet in gross floor
area.
D.
Height. No accessory structure in any district shall exceed 15 feet
in height.
E.
Exemptions. Flagpoles, light or sign posts, walks, driveways, patios
at ground level, mailboxes and fences and walls less than two feet
in thickness shall be exempt from the provisions of this section.
[Added 8-2-2022 by Ord.
No. 22-2055]
A.
Location.
(1)
No mechanical equipment shall be located within any front yard
area.
(2)
Mechanical equipment shall be permitted to be located in the
front yard area along the secondary street, provided that such equipment
shall be no closer than 10 feet to the property line along the secondary
street.
(3)
On corner lots and/or through lots, the Zoning Officer or the
board having jurisdiction shall have the ability to determine which
streets shall constitute the primary and secondary streets for purposes
of this subsection.
C.
Screening. Mechanical equipment shall be properly screened from public
view from any street by planting of evergreen shrubs, trees, berm,
and/or a permitted fence or wall to provide an opaque visual barrier,
provided that such shall be 100% visually impervious at all times
of the year.
D.
Exemptions. Window air conditioner (A/C) condenser units and any
mechanical equipment located fully below grade shall be exempt from
the provisions of this section.
