In any residential RA District the following
uses only shall be permitted:
A. One-family dwellings. Any structure comprised of a
single dwelling unit inhabited, or to be inhabited, by one or more
persons occupying the premises as a single housekeeping unit.
B. Schools. Public schools, elementary and secondary
grade levels.
C. Agriculture. Agriculture as a principal use, including
farming and truck gardening, provided that no smoke stall shall be
over 20 feet in height and only oil or gas fuel shall be used for
any greenhouse or other nonresidential heating plant.
D. Home occupation. Home occupations, as defined in §
255-4, are permitted in residential districts. Signs relating to a home occupation are permitted, subject to the provisions of Article
XVI of this chapter.
F. Residential clusters in the RA 40-CC Residential District. Subject to approval by the Planning Board of a subdivision pursuant to Chapter
218, Subdivision of Land, of this Code, a residential cluster development shall be permitted in the RA 40-CC District on the following conditions:
(1) The entire parcel proposed for the residential cluster
development shall contain no less than 200,000 square feet.
(2) The maximum number of dwelling units in the residential
cluster development shall be no greater than the number of dwelling
units that would have been permitted by the Planning Board under a
subdivision plat that meets all of the requirements of the RA 40 District
as set forth in the Zoning, Area and Bulk Schedule.
(3) All lots in the residential cluster development and
all dwellings thereon shall meet all of the requirements of the RA
25 District, as set forth in the Zoning, Area and Bulk Schedule.
(4) Common open space or public open space shall be provided
in accordance with subdivision approval by the Planning Board. The
minimum amount of such open space shall be equal to the product of
the number of lots permitted in the proposed residential cluster development
multiplied by the difference between 40,000 square feet and the average
size of the lots in the proposed residential cluster development.
G. Residential Clusters in the RA 25-CC Residential District. Subject to approval by the Planning Board of a subdivision pursuant to Chapter
218, Subdivision of Land, of this Code, a residential cluster development shall be permitted in the RA 25-CC District on the following conditions:
(1) The entire parcel proposed for the residential cluster
development shall contain no less than 200,000 square feet.
(2) The maximum number of dwelling units in the residential
cluster development shall be no greater than the number of dwelling
units that would have been permitted by the Planning Board under a
subdivision plat that meets all of the requirements of the RA 25 District,
as set forth in the Zoning, Area and Bulk Schedule.
(3) All lots in the residential cluster development and
all dwellings thereon shall meet all of the requirements of the RA
15 District, as set forth in the Zoning, Area and Bulk Schedule.
(4) Common open space or public open space shall be provided
in accordance with a subdivision approved by the Planning Board. The
minimum amount of such open space shall equal the product of the number
of lots permitted in the proposed residential cluster development
multiplied by the difference between 25,000 square feet and the average
size of the lots in the proposed residential cluster development.
H. One-family residential development in the RA 30-LA Residential District. Subject to approval by the Planning Board of a subdivision pursuant to Chapter
218, Subdivision of land, a residential development shall be permitted in the RA 30-LA District on the following conditions:
(1) The maximum number of dwelling units in the residential
cluster development shall be no greater than the gross areas of the
parcel located within the Borough of Old Tappan divided by 30,000
square feet or a total of 25 dwelling units, whichever is less.
(2) A technique of lot averaging shall be permitted subject
to the following conditions:
(a)
The minimum lot size shall be 12,500 square
feet;
(b)
A maximum of 65% of all residentially utilized
lots within the development shall have an area of between 12,500 square
feet and 14,999 square feet;
(c)
A minimum of 35% of all residentially utilized
lots within the development and all lots abutting a county road or
a private road or driveway shall have a minimum lot area of 18,000
square feet;
(d)
No lot shall exceed the maximum ratio of residential
living area, defined as all enclosed building space exclusive of garage
areas used exclusively for the storage of automobiles and other self-propelled
vehicles, area utilized for mechanical and utility functions and any
area where the floor-to-ceiling height is less than seven feet six
inches to lot area, as set forth in the following table:
|
Minimum Lot Area
(square feet)
|
Maximum Residential Living Area Ratio
|
---|
|
12,000 to 12,999
|
.256
|
|
13,000 to 13,999
|
.244
|
|
14,000 to 14,999
|
.241
|
|
15,000 to 15,999
|
.238
|
|
16,000 to 16,999
|
.233
|
|
17,000 to 17,999
|
.228
|
|
18,000 to 18,999
|
.223
|
|
19,000 to 19,999
|
.218
|
|
20,000 or more
|
Maximum of 4,400 square feet; and
|
(e)
All lots shall conform to the requirements of
the RA 30-LA district as set forth in the Zoning, Area and Bulk Schedule.
(3) Common open space or public open space shall be provided
in accordance with subdivision approval by the Planning Board. The
common open space shall be forever reserved as open space by deed
restriction in a form to be approved by the Borough. In the discretion
of the Planning Board, open space need not be in common ownership
or open to the public but may be restricted for use as open space
by private deed restriction in a form to be approved by the Borough.
(4) All lots shall have available sanitary sewer service
prior to the issuance of certificates of occupancy for any of the
dwelling units.
(5) The applicant shall pay a developer fee to the Borough in accordance with Article
IV of Chapter
45, Land Use Procedures, hereof in an amount required to enable the Borough to transfer via regional contribution agreement the number of affordable housing units equal to 15% of the dwelling units in the residential cluster district except as follows:
(a)
If it has been finally determined by the New
Jersey Council on Affordable Housing or a court of competent jurisdiction
that the Borough has met its "fair-share" obligation under the Fair
Housing Act and all appeals from such a determination have been exhausted,
then the applicant need not pay a developer fee in accordance with
this section (for purposes of this chapter, "fair share" refers to
the Borough's obligation to provide a realistic opportunity for the
construction of its 1987 to 1993 fair share of affordable housing
or its 1987 to 1999 fair share of affordable housing, whichever period
is determined to be applicable to the Borough's petition for substantive
certification filed in 1995); or
(b)
If it has been finally determined by the New
Jersey Council on Affordable Housing or a court of competent jurisdiction
that the Borough must provide a number of affordable housing units
that is less than 15% of the dwelling units in the residential cluster
district to meet its "fair-share" obligation under the Fair Housing
Act and all appeals from such a determination have been exhausted,
then the applicant must pay a developer fee in an amount required
to enable the Borough to transfer via regional contribution agreement
the number of affordable housing units needed for the Borough to meet
its fair-share obligation as determined by the Council on Affordable
Housing or a court of competent jurisdiction.
I. Community residences for the developmentally disabled.
J. Community residences for persons with head injuries
and community shelters for victims of domestic violence. A community
residence for persons with head injuries or a community shelter for
victims of domestic violence for six persons or fewer, excluding resident
staff, shall be permitted. Subject to conditional use approval by
the Planning Board, a community residence for persons with head injuries
or a community shelter for victims of domestic violence for more than
six persons excluding resident staff, shall be permitted on the following
conditions:
(1) Off-street parking. One space for each resident plus
one space for each staff member.
(2) Bedrooms. Resident staff shall each have a separate
bedroom.
(3) Bathrooms. There shall be one bathroom facility for
every three occupants with a minimum of two bathroom facilities.
(4) Minimum lot area. The minimum lot area shall be 20%
greater than the minimum lot area required for the district where
the property is situated for each occupant over six. For example,
the minimum lot area for a residence or shelter with eight occupants
shall be 40% greater than the minimum lot area for the district where
the property is situated.
(5) Signs. No signs shall be permitted on the residence
or shelter designating it a community residence for the developmentally
disabled or for persons with head injuries or a community shelter
for victims of domestic violence.
(6) Conformity with neighborhood. The residence or shelter
shall be maintained and conform in design to single-family residences
in the neighborhood.
(7) Driveway. The driveway shall be consistent in design
with driveways in the neighborhood.
(8) Site plan approval. The conditional use applicant
shall also obtain site plan approval.
K. One-family residential development in the RA 25-NL Residential District. Subject to approval by the Planning Board of a subdivision pursuant to Chapter
218, Subdivision of Land, a residential development shall be permitted in the RA 25-NL District on the following conditions:
(1) Each lot shall conform to the bulk requirements for
the RA 25 Zone as set forth in the Zoning, Area and Bulk Schedule
for Old Tappan, New Jersey, as attached to and made part of this chapter, except as follows:
(a)
The minimum lot width shall be 100 feet.
(b)
The minimum lot depth shall be 140 feet.
(c)
The maximum lot coverage shall be 25%.
(2) Dead-ends and culs-de-sac. Because the zone encompasses
only a single property which has access only at the front of the lot
to DeWolf Road and no public road access at the rear of the lot, is
too narrow to accommodate construction of a loop road, and is too
deep to permit access to housing units on the rear portion of the
lot via a dead-end street or cul-de-sac of less than 1,200 feet, a
dead-end street or cul-de-sac may be as long as 1,200 feet, but no
longer.
(3) Ingress and egress. One route of ingress and egress
is required. No secondary or emergency road access is required.
(4) Street jogs. Because the zone encompasses only a single property and the shape of the property requires that a road be constructed in order to accommodate its development consistent with this chapter and because of the proximity of another road, the requirement of §
218-16I of Chapter
218, Subdivision of Land, that street jogs with center-line offsets be 125 feet or more cannot be met. Therefore, this zone shall be exempt from said requirement.
(5) The following additional requirements apply to lots
adjoining lots identified as Lots 10.08 and 10.09 in Block 502:
(a)
Retaining walls. Retaining walls are permitted
within the rear yard, provided that such walls are not located closer
than 30 feet to the rear lot line. If a retaining wall is constructed
within the rear yard, the area between the retaining wall and a line
40 feet from the rear lot line will be replanted with vegetation comparable
to the vegetation removed to permit construction of the retaining
wall.
(b)
Swimming pools. No swimming pools are permitted
within the rear yard.
(c)
Limited development area. The portion of the
lot located more than 40 feet from the rear lot line and less than
70 feet from the rear lot line shall be designated the "restricted
development area." All accessory uses permitted in the RA 25 Zone
shall be permitted in the restricted development area except garages.
In any RB 130 District, the following uses only
shall be permitted:
A. Those uses permitted in any other residential district, as provided by §
255-8 above.
B. Senior citizen and low- and moderate-income housing,
as provided herein.
C. Public utilities as essential services.
E. Parks, playgrounds, firehouses, police stations, first
aid and ambulance buildings, libraries, municipal buildings.
F. Museums
and cultural facilities.
[Added 6-7-2010 by Ord. No. 1013-10]
G. Educational
facilities.
[Added 6-7-2010 by Ord. No. 1013-10]
Subject to approval by the Planning Board of a subdivision pursuant to Chapter
218, Subdivision of Land, of this Code, a residential cluster development shall be permitted in the RA 40-CC District on the following conditions:
A. The entire parcel proposed for the residential cluster
development shall contain no less than 200,000 square feet.
B. The maximum number of dwelling units in the residential
cluster development shall be no greater than the number of dwelling
units that would be permitted by the Planning Board under a subdivision
plat that meets all of the requirements in the RA 40 District as set
forth in the Zoning, Area and Bulk Schedule.
C. All lots in the residential cluster development and
all dwellings thereon shall meet all the requirements of the RA 25
District, as set forth in the Zoning, Area and Bulk Schedule.
D. Common open space or public open space shall be provided
in accordance with subdivision approved by the Planning Board. The
minimum amount of such open space shall be equal to the product of
the number of lots permitted in the proposed residential cluster development
multiplied by the difference between 40,000 square feet and the average
size of the lots in the proposed residential cluster development.
Subject to approval by the Planning Board of a subdivision pursuant to Chapter
218, Subdivision of Land, of this Code, a residential cluster development shall be permitted in the RA 25-CC District on the following conditions:
A. The entire parcel proposed for the residential cluster
development shall contain no less than 200,000 square feet.
B. The maximum number of dwelling units in the residential
cluster development shall be no greater than the number of dwelling
units that would have been permitted by the Planning Board under a
subdivision plat that meets all of the requirements of the RA 25 District
as set forth in the Zoning, Area and Bulk Schedule.
C. All lots in the residential cluster development and
all dwellings thereon shall meet all of the requirements of the RA
15 District, as set forth in the Zoning, Area and Bulk Schedule.
D. Common open space or public open space shall be provided
in accordance with a subdivision approved by the Planning Board. The
minimum amount of such open space shall be equal to the product of
the number of lots permitted in the proposed residential cluster development
multiplied by the difference between 25,000 square feet and the average
size of the lots in the proposed residential cluster development.
The following requirements as to the density
and distribution of low- and moderate-income dwelling units shall
apply to the RB 130 Residential Zone:
A. Overall residential density. The maximum overall residential
density for low- and moderate-income dwelling units in the RB 130
Residential Zone shall be 10 units per acre. For the purpose of this
section, internal streets, roads and rights-of-way shall be included
in the acreage calculations.
B. Low- and moderate-income housing. Within the RB 130
Residential District, low- and moderate-income housing, as defined
herein, shall be provided.
C. Distribution of low- and moderate-income dwelling
units. For any development of low- and moderate-income housing in
the RB 130 Residential Zone, 50% of all units for low- and moderate-income
households shall be for moderate income households and 50% shall be
for low-income households, both as defined herein.
D. Distribution of dwelling types.
(1) Within the RB 130 Residential Zone, low- and moderate-income
dwelling units may be constructed as townhouses, patio houses, townhouse
duplexes, triplexes or quadruplexes, provided that they comply with
all area, yard and bulk requirements of this section as provided herein.
(2) Within the RB 130 Residential Zone, at least 4% of
the dwelling units shall be designed for occupancy by handicapped
persons, in accordance with standards promulgated by the Federal Department
of Housing and Urban Development. All senior citizen housing units
shall be constructed "barrier free."
E. Percentage of dwellings. Within the RB 130 Residential
Zone, a total of 13.79% of the housing units shall consist of two-bedroom
apartments and 86.21% shall consist of one-bedroom apartments.
F. Other requirements. The provisions of §
255-23, Open space requirements, and §
255-27, Circulation, parking, utilities, planning and staging, as provided herein, shall also apply to any development of low- and moderate-income senior citizen housing in the RB 130 Residential Zone.