Township of River Vale, NJ Article LII Use of Buildings and Permits

§ 142-223 A Residence District.

[Amended 2-4-1972 by Ord. No. 0-6-72]

In the A Residence District, no building shall be used and no building shall be erected or altered which is arranged, intended or designed to be used, and no land shall be used, except for one or more of the following uses:

A. A single dwelling, whether attached or detached, used as a residence by not more than two persons or by one family. For purposes of this article, a "family" is defined as more than two persons living together as a single nonprofit housekeeping unit, whose relationship is of a permanent and domestic character, as distinguished from groups of persons or associations, such as but not limited to fraternities, sororities, dormitories, clubs or group homes. Nothing herein contained shall be construed to prohibit the placement of persons in group homes pursuant to N.J.S.A. 40:55D-66 et seq.

[Amended 2-18-1982 by Ord. No. 0-2-82]

B. A private garage or other accessory building customarily incidental to any use permitted by this section, provided that such accessory building shall be on the same plot with the building to which it is accessory, and also provided that such accessory building shall not be used for residence purposes.

C. A church or other place of worship or a parish house.

D. Public school under the administration of the Board of Education of the Township of River Vale.

E. Free public library, free public museum, free public art gallery, public park or public recreation ground maintained and operated by the Township of River Vale and any other municipal building or use.

F. Reservoir or water supply reservation.

G. The office or studio of a physician, surgeon, dentist, lawyer, artist, architect, engineer, musician, accountant, real estate and/or insurance broker or agent residing on the premises, provided that said building containing said office and/or studio is located only on a county road, and provided further that not more than three employees or assistants are engaged in connection with such use on the premises, and provided further that there is no display of goods or advertising on the premises other than a professional nameplate not to exceed 10 inches in height and 18 inches in length, and provided further that in the office or studio of an artist or musician the sale or display of goods is not permitted.

[Amended 6-12-1975 by Ord. No. 0-10-75; 5-31-1979 by Ord. No. 0-18-79]

H. Golf courses. Golf courses shall be permitted if on not less than 164 acres of contiguous or adjoining land. However no elevated or multitiered driving range is permitted. Illumination of any driving range is also prohibited.

[Amended 3-27-1997 by Ord. No. 0-6-97]

I. Farming.

J. Family day-care homes. "Family day-care home" means the private residence of a family day-care provider which is registered as a family day-care home pursuant to the Family Day Care Provider Registration Act, P.L. 1987, c. 27 (N.J.S.A 30:5B-16 et seq.).

[Added 4-22-1993 by Ord. No. 0-1-93]

K. Community residences for the developmentally disabled or for persons with head injuries and community shelters for victims of domestic violence. A community residence for the developmentally disabled or for persons with head injuries or a community shelter for victims of domestic violence for six persons or less, excluding resident staff, shall be permitted. Subject to conditional use approval by the Joint Planning Board, a community residence for the developmentally disabled or 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:

[Added 11-25-1997 by Ord. No. 0-22-97]

(1) Off-street parking. There shall be one space for each resident plus one space for each staff member.

(2) 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.

(9) No permit shall be issued if:

(a) The proposed residence is located within 1,500 feet of an existing such residence or shelter.

(b) The total number of residents in such existing community residence and shelter exceeds 50 persons or 0.5% of the total population of the municipality, whichever is greater.

(c) The proposed residence or shelter would be nonconforming in the district where proposed.

§ 142-224 A-1 Residence District.

[Amended 11-26-1985 by Ord. No. 0-11-85; 4-9-2018 by Ord. No. 332-2018]

The permitted uses of buildings and premises in the A-1 District shall be the same as those established for the A District, except that the following use shall also be permitted in the A-1 Residence District:

A. Residential/golf course, subject to the standards established herein.

(1) Residential/golf course development regulations.

(a) Minimum tract area. The total land area required for residential/golf course development shall be 150 acres. The golf course may include lands outside the Township of River Vale, however, the minimum tract area requirement herein specified shall be exclusive of any such lands.

(b) Required principal uses. The residential/golf course development shall contain the following use components:

[1] A minimum eighteen-hole regulation golf course. The golf course shall be a minimum length of 6,000 yards collectively measured by each of 18 holes, from the center of the rearmost tee to the center of the green of each hole. The course shall be held under separate ownership and subdivided from the residential units provided for herein.

[2] The residential component consisting of any, or all of the following designed to appeal to an age-targeted luxury market comprising young professional and empty nester households: quadplexes and townhouses, except that not less than 70% of all residential dwellings shall be townhouse units.

[3] Ten percent of all the residential units shall be set aside and designated as family rental units affordable to low- and moderate-income households. Said set-aside provisions shall be pursuant to the New Jersey Uniform Housing Affordability Controls (UHAC), with the exception that in lieu of 10% of affordable units in rental projects being required to be at 35% of median income, 13% of affordable units in such projects shall be required to be at 30% of median income, the current applicable rules as included in the Township's Master Plan Housing Element, and/or any and all affordable housing decisions made by the New Jersey Superior, Appellate, or Supreme Court (the "affordable units"). The ten-percent affordable set-aside is a required component of any residential/golf course development.

[4] A building containing 100% affordable units (the "affordable building"). Ten percent of all the total number of the residential units developed on the residential component shall be affordable and located in the affordable building and shall be phased with the total residential units pursuant to N.J.A.C. 5:93-5.6(d).

(c) Permitted accessory uses.

[1] Accessory uses shall be permitted in conjunction with the golf course use, provided that the operation of such uses are clearly incidental and subordinate to the use of the golf course:

[a] Clubhouse facilities including dining, a lounge, meeting, banquet and catering facilities primarily for on-site consumption.

[b] Tennis and golf pro shop.

[c] Swimming pool, tennis, racquet courts, paddle tennis and/or similar outdoor amenities typical to country club uses in the region and designed for club member use.

[d] A driving range and practice putting green.

[e] Maintenance facilities for storage of equipment and supplies used on site.

[f] Caretaker dwellings and housing for seasonal employees working on site. Said housing shall be prohibited should the golf course component cease to exist and/or be open for use.

[g] Gatehouses not to exceed 175 square feet of interior area designed to match the exterior architectural style of the residential units.

[h] Off-street parking minimum: four spaces per hole, and one per driving range tee.

[i] Signage, including a monument identification sign and directional signage as approved by the Planning Board.

[2] The following accessory uses shall be permitted in conjunction with the residential use:

[a] Active recreational facilities including clubhouses, swimming pools, and tennis courts, for the exclusive use of residents and guests.

[b] Passive open space recreational amenities including walking trails and jogging paths, exercise courses, gathering and seating areas.

[c] Facilities intended for the social and recreational needs of residents, such as exercise rooms, lounge areas, game and resident meeting rooms.

[d] Gatehouses not to exceed 175 square feet of interior area designed to match the exterior architectural style of the residential units. A gatehouse entry feature with a divided median and enhanced landscape plantings may be incorporated into the design of the shared access driveway or residential access driveway.

[e] Signage, including a monument identification sign and directional signage as approved by the Planning Board.

(d) Residential development and design standards.

[1] The residential development shall follow the New Jersey Residential Site Improvement Standards (RSIS), as amended.

[2] Vehicular and pedestrian access shall be directly from Bergen County roads. Access from local streets is not permitted.

[3] The maximum gross residential density shall not exceed 1.5 dwelling units per acre as applied to the total tract area for the residential/golf course development. Total number of: i) market rate dwelling units shall not exceed 226; and ii) affordable dwelling units shall not exceed 24.

[4] There shall be no more than three bedrooms per unit. All units shall have a minimum of a one-car garage exclusive of the affordable units. Affordable building units shall not have a garage.

[5] There shall be no more than five dwellings in any single building containing townhouse units. The affordable building shall contain no more than 24 units.

[6] No less than 50% of all buildings containing townhouses shall contain four or fewer dwelling units.

[7] No more than four attached units may be constructed without providing a front exterior facade setback/stagger of a minimum of two feet.

[8] Setbacks.

[a] Minimum distance between buildings:

[i] Front to front: 50 feet.

[ii] Side to side: 15 feet.

[iii] Front to side: 15 feet.

[iv] Rear to rear: 30 feet.

[v] Side to rear: 20 feet.

[b] The above setbacks may be reduced by up to 20% if any of the following are met: i) there is an angle of 20° or more between the buildings; ii) the encroachment is for a deck or enclosed patio extension; iii) the building projection is less than 15 feet wide.

[9] Maximum height of a principal building or structure: 2 1/2 stories or 45 feet, with the exception that the affordable building shall have a maximum height of three stories, 50 feet.

[10] Maximum height of an accessory building or structure: one story or 25 feet.

[11] Minimum setback of a principal building or structure to a public street right-of-way, other than an existing municipal street: 50 feet. Said setback excludes reserved road easements.

[12] Minimum setback of an accessory building or structure to a public street: 25 feet.

[13] Any land that is not used for principal or accessory buildings or structures, streets, parking areas, driveways, walkways, hardscaped areas, patios or decks shall be maintained as passive open space.

[14] Minimum building setback to internal roadways: 22 feet from the pavement edge where there is an intervening driveway serving a garage and a public sidewalk adjacent to the road; 10 feet otherwise. No parking shall be permitted over sidewalks.

[15] To insure that the residential component of development is not located in any area where it can be reasonably anticipated that golf balls may land and injure a resident, pedestrian visitor or motorist, a golf course safety zone shall be established using generally acceptable guidelines for same as part of the overall project design.

[16] Residential design guidelines. To the extent practical, townhouse dwelling units should be designed such that units either have direct or partial golf course views; back onto internal open space corridors; or are placed within small neighborhood clusters. Clusters of dwelling units should be designed in consideration of the natural landscape. Where possible, mature trees shall be preserved and incorporated into the overall landscape design. Stormwater management ponds should be designed to serve as an open space amenity to the residential component of the development, as well as serve their intended function for flood control, groundwater recharge, and fire protection purposes.

[17] Townhouse dwelling units should have a compatible architectural theme, with variations in exterior design and color which complement such a theme. This shall include varying building and/or facade orientation, modifying dwelling unit widths and heights, changing rooflines and altering color and fenestration patterns. A minimum of 30% of any exterior building facade area should be comprised of either a brick or stone material, or combination thereof.

[a] The facades of townhouses in a group shall be varied by changed front yard setbacks and variation in materials or design so that not more than two abutting townhouses will have the same front yard setback and the same or essentially the same architectural treatment of facades and rooflines.

[b] The appearance of attached garages shall be minimized, with the remainder of the elevation devoted to living area or porch. Attached garages located on the unit frontage shall be recessed from the building face or porch facade four feet minimum). Where two-car garages for two different units are adjacent, the garage faces for the two units should be offset from each other (four feet minimum). Garage doors shall have extensive fenestration, including panels, trim details and windows. Paired, single-car garage doors are encouraged.

[18] The internal street network shall be designed to provide visual interest by employing any or all of the following: curvilinear streets, primary and secondary culs-de-sac with or without associated landscaped islands, and shared internal driveways. Internal streets shall be designed in accordance with the New Jersey RSIS including on-street parking, sidewalks, planted buffers, except as otherwise established herein. The "rural lane" RSIS definition shall be applied to "lanes" leading to eight or fewer townhouse units or two quadplex buildings (eight units.).

[19] No individual resident unit shall be constructed so as to provide direct vehicular ingress or egress to any major county thoroughfare arterial, or collector street. The affordable building parking lot entrance may have direct access to a county road.

[20] A traffic investigation shall be provided as part of the Land Use Board review of the residential/golf course development.

[21] Fire protection access. All buildings proposed to be constructed within any project containing private streets must be so arranged and located that firefighting apparatus can park and reach any building with a one-hundred-fifty-foot-long hose extending form such equipment. This one-hundred-fifty-foot hose length must be measured as the structure/building is laid on the ground and may not be measured as the aerial radius from the parked equipment.

[a] In addition, fire hydrants must be so located and provided within the project boundaries so that 400 feet of fire hose, extending on the ground from the hydrant, can reach the furthermost part of any building within the boundaries of the site. Entrances to all buildings containing residential dwellings must be illustrated on the sign plan of any project containing private streets.

[b] Townhouse developments shall provide fire hydrants on or adjacent to the area to be developed as required by the Fire Department.

[22] A homeowners' association or condominium association shall be established to maintain all common areas associated with residential development. The affordable building and associated common areas shall be maintained by the affordable property owner.

(e) Landscaping.

[1] Street trees shall be provided along all interior street frontages of a site, at least every 30 feet on average, but in no case more than 40 feet.

[2] A minimum of 10 feet of landscaping or grass area shall be provided between the front elevation of each townhouse unit and the common access drive, as measured from the edge of pavement or sidewalk, if present. Paths or walkways to individual front doors, utility easements and driveways may occur in this area, but only if the dominant amount of the area remains available to support significant landscaping. At least one tree per unit front must be provided.

[3] At least 30% of the total site area, exclusive of the golf course, must be devoted to landscaping. No landscaped strip or tree pocket smaller than 25 square feet may be counted toward the total required landscaping. Utilities may occur within required landscaping, but only if underground utilities will not preclude appropriate planting, including trees, and only if utilities are adequately screened from view.

(f) Landscape buffers.

[1] Width and location. There shall be a minimum twenty-five-foot-wide opaque landscaped buffer provided along all public road rights-of-way which completely visually separates the residential component of the development. Buffers shall consist of natural vegetation, earthen berms, evergreen and pine trees, shrubs, deciduous trees, decorative walls, fencing, or combinations thereof designed to provide a year-round visual screen and separation from the public roads.

[2] Required planting area. Total landscaping required within the buffer is set forth below. Width for a buffer shall be measured from the respective property line. Where buffers turn at property corners, the length measurements determining plant quantities are not required to overlap.

[3] Calculating required plantings. The total amount of required landscaping within the required buffer shall be calculated based on a point system. The point system, as established below, ensures that a minimum level of landscaping is achieved during development while maintaining flexibility. When calculating points or quantities of plants, fractions shall be rounded upward to the higher whole number.

Plant Type Points
Large tree	12
Small tree	6
Large shrub	3
Medium shrub	2
Small shrub	1

[4] Points for individual vegetation in buffers:

[5] Existing healthy vegetation may be counted toward the required landscaping, if it is used as a year-round sight obstruction buffer. The Planning Board and Board Engineer shall conduct site inspections in order to determine whether the existing vegetation is useable as a visual obstruction buffer. In order to do so, the landscape plan shall indicate the type, number and size of existing plants which are sufficient to comply with the respective buffer yard. It shall not be necessary to indicate the total inventory of existing plants. Only plants required to meet the provisions of this section are required to be listed.

[a] The following minimum buffer planting standards shall be used to provide year-round opaque screening:

[i] Planted earthen berm four feet high from the existing ground surface.

[ii] Minimum number of large and small trees, one per 40 linear feet.

[iii] Minimum number of points per linear feet of buffer = 1.2.

(g) Vegetation size standards. The minimum allowable plant size for new installations shall be as set forth herein. Due to the variation between genus and species, the caliper or height necessary for newly installed plant materials may vary.

[1] Large trees shall measure a minimum 2.5 inches in caliper at chest height and be eight feet to 10 feet in height at the time of planting.

[2] Small trees shall measure a minimum 1.5 inches to 2.5 inches in caliper at chest height for single-stem trees or one inch to 1.5 inches in caliper for multistem trees, and at least six feet to eight feet in height at the time of planting.

[3] Large shrubs shall measure a minimum of 3 1/2 feet to four feet in height at the time of planting. Shrubs planted for screening purposes shall form the required density to block visibility within three years from the date of installation.

[4] Medium shrubs shall measure a minimum of two feet to 3 1/2 feet in height at the time of planting. A mix of deciduous and evergreen shrubs is encouraged in order to obtain a variety of color and texture throughout the year.

[5] Small shrubs shall measure a minimum of 18 inches to 24 inches in spread and/or height at the time of planting. A mix of deciduous and evergreen shrubs is encouraged in order to obtain a variety.

[6] Living ground covers shall provide 100% coverage on the ground within one year of installation, except for mulch or turf which shall provide 100% coverage upon installation. Organic mulch may be used around plantings to maintain soil moisture and prevent the growth of weeds, but cannot be substituted for required plantings. Inorganic ground covers consisting of river rock or similar materials may be substituted for organic ground cover.

[7] All plant material, except ground covers, shall be approved by the Planning Board. Consideration shall be given to the environmental conditions of the site, such as soil, topography, climate, microclimate, pattern of sun movement, prevailing winds and precipitation, and air movement to ensure that plant materials will be established successfully. Tree selection for street yards, or other locations within utility rights-of-way, shall consider the presence or planned addition of overhead utility lines. Such trees shall be small and medium trees that are pest- and disease-resistant and are slow growing.

[8] Trees for reforestation restitution/replacement shall be indigenous to the Township.

[9] The Planning Board Engineer may approve the installation of comparable substitution plant materials to satisfy the requirements of the approved landscape plan when the approved plants and landscape materials are not available at the time that installations are to occur, or when other unforeseen conditions prevent the use of the exact materials shown on the approved landscape plan. Significant changes that require the replacement and relocation of more than 25% of the plant materials shall require a new landscape plan and approval by the Planning Board.

[10] Except for street yard trees, a mix of genus and species of trees, shrubs, ground covering, perennials and annuals is encouraged, but not required, in order to avoid potential loss due to infectious disease, blight, or insect infestation. Street yard trees shall retain a reasonably uniform pattern along a street with the same block or corridor.

(h) Restitution/reforestation for trees removed. The provisions of the Township ordinances pertaining to tree removal and replacement shall apply in addition to the above-required buffers above.

(i) Site lighting. Landscape plans shall include provisions for lighting on site and along public street frontages. Post-top mounted L.E.D. lights are recommended. Lighting should be adequate to assure safety and visibility in common areas but should not produce glare or be of an intensity inappropriate for a residential environment. The Planning Board shall have ultimate authority over the number and placement of streetlighting fixtures.

§ 142-225 Accessory buildings.

[Amended 3-27-1997 by Ord. No. 0-6-97; 8-28-1997 by Ord. No. 0-15-97; 7-24-2003 by Ord. No. 0-7-03R]

A. No accessory building shall be constructed, erected, altered or placed upon the lot without first obtaining a building permit. The application for the building permit shall include the name of the owner of the property; the lot and block number of the property as shown in the Tax Map; the street address of the property; and a survey or a sketch and survey showing the proposed accessory building composition, height, length, width and location as to where the proposed accessory building is to be located on the lot.

B. No accessory building shall be used for residence purposes, nor to conduct a commercial, retail or wholesale business, nor the storage of any dangerous substance or chemicals which provide a threat to the safety and welfare of those who inhabit the principal building or the immediate vicinity or presents a danger or threat to the environment. Danger or threat to safety and welfare of the public or the environment is to be determined by the Board of Health or Zoning Official.

C. No more than three accessory buildings per lot are permitted, subject to the following conditions:

(1) No accessory building shall occupy an area greater than 600 square feet. Only one accessory building per lot may exceed 150 square feet and shall not occupy an area greater than 600 square feet. The remaining two accessory structures may not exceed 150 square feet each.

(2) Any accessory building which occupies 150 square feet or less shall be located a minimum of five feet from the side property lines and five feet from the rear property line; setbacks shall be measured from the farthest point of the overhang of the roof.

(3) Any accessory building which exceeds 150 square feet shall be located a minimum of 10 feet from the side property lines and 10 feet from the rear property line; setbacks shall be measured from the farthest point of the overhang of the roof.

D. No accessory building shall exceed a height of 14 feet.

E. No accessory building shall be located in the front yard.

F. No accessory building shall be located closer to the street line than the building line of the principal building.

G. No accessory building shall be constructed prior to the construction of the principal building.

H. No accessory building shall be located within 10 feet of any other existing structure.

I. The limitations imposed by this section upon the location of an accessory building shall be waived when the accessory building is incorporated as an integral part of the building to which it is accessory.

J. Stationary generators, air-conditioner compressors or units.

[Added 11-8-2021 by Ord. No. 392-2021]

(1) Exterior stationary generators, air-conditioner compressors or units are permitted as accessory uses, but are required to be located within the side or rear yards.

(2) The footprint of stationary generators, air-conditioner compressors or units may not exceed 15 square feet each and must be located no more than three feet from the residential dwelling and shall be set back a minimum of five feet from any operable window, door and meet manufacturer specifications for installation requirements. Stationary generators cannot be located within the required front yard and must be located a minimum of 10 feet from the property line.

(3) Stationary generators, air-conditioner compressors or units must be maintained in good working order consistent with manufacturer specifications, may only be powered by natural gas, propane or diesel fuel, and shall not exceed a noise level of 85 dba at the source and 50 dba at the property line. Decibel levels should not be enforced during periods of power outages.

(4) Stationary generators, air-conditioner compressors or units are required to meet all applicable accessory structure setback requirements. Stationary generators, air-conditioner compressors or units are not considered a second or third accessory structure under this subsection.

(5) Stationary generators, air-conditioner compressors or units are subject to applicable local and state noise ordinance regulations.

§ 142-226 B Residence District.

In any B Residence District, no building or premises shall be used and no building or part of a building shall be erected which is used in whole or in part for any use prohibited in the A Residence District.

§ 142-226.1 B-1 Residence District.

[Added 11-27-2017 by Ord. No. 328-2017]

A. Permitted uses. All uses permitted in the A Residence District and HDD/Housing District for the Disabled are permitted in the B-1 District.

B. B-1 conditional uses.

(1) Catering establishments subject to the following conditions:

(a) Minimum lot size: two acres.

(b) Minimum front yard setback: 45 feet.

(c) Minimum side yard setback: 30 feet.

(d) Minimum rear yard setback: 35 feet.

(e) Minimum parking requirements: one space/250 square feet. Gross floor area total, excluding storage and mechanical equipment areas, and roofed patios or porches.

(f) Required landscape buffer: On all property lines abutting an adjacent residential use, the catering facility property must include a fifteen-foot-wide landscape planted buffer. Mature and heritage trees shall be used in the planted landscape buffer. Fencing may also be included in the buffer area. The buffer area is subject to review and approval by the Land Use Board and Land Use Engineer.

§ 142-227 C Commercial District.

A. Principal uses and structures. Subject to compliance with the provisions set forth in § 142-273, Minimum requirements for parking, the following principal uses and structures shall be permitted:

[Amended 3-7-1983 by Ord. No. 0-4-83; 12-27-1984 by Ord. No. 0-19-84; 8-13-2007 by Ord. No. 184-2007]

(1) Business, professional and executive offices and personal business service establishments such as travel agencies, real estate or insurance agent or brokers, lawyer, accountant, medical doctor or similar professional offices.

(2) Retail sales and service businesses which carry only merchandise intended to be sold at retail on the premises, provided that there is no fabricating, manufacturing, converting, altering or assembling of articles except as incidental to the particular retail trade to be conducted. By way of illustration, including but not limited to, the following retail uses are permitted: antique shops, appliances shops, art studios, art supply shops, barbershops, beauty parlors, bicycle shops, bookstores, butcher shops, camera stores, card shops, computer stores, dyeing and pressing done exclusively for individual retail customers but not including work done for the trade or the wholesale market, clothing and dress shops, confectioneries, coin stores, delicatessens, department stores, drapery stores, drugstores, dry-cleaning and laundry establishments (excluding those which use equipment for laundry or dry-cleaning processing on premises), flower shops, furniture and furnishing stores, gift shops, grocery stores, hardware and paint stores, hobby shops, interior decorators, jewelers, leather goods shops, linen stores, liquor stores, music and record shops, musical instrument sales, office equipment stores, optician shops, pet shops, photographers, plumbing, radio, stereo and television sales and repair shops, retail bakeries, shoe repair shops, shoe sales stores, sporting goods stores, stamp stores, stationers, tailor shops, telephone and other electronic equipment sales and rentals, theaters, tobacconists, toy stores, travel and ticket agencies, religious article sales, undertaker and funeral parlor, and video equipment and sales, rentals and repairs.

(3) Service establishments, including barber and beauty shops, manicure shops, hairdressers, health and fitness spas and tailors and dressmakers.

(4) Banks and similar financial institutions.

(5) Restaurants, taverns or bars, ice cream and soft drink parlors, take-out, delivery establishments (except drive-in and drive-through establishments) and outdoor cafes on private property.

(a) For purposes of this Subsection A(5), a drive-in or drive-through establishment is defined as "a business or establishment engaged in the sale of food and food products that are prepared and packaged in paper or other types of disposable wrappers or containers. Patrons order the food from their motor vehicles. The food is served to the patrons in their motor vehicles for possible consumption in or out of theft motor vehicles, on or off the premises."

(b) For purposes of this Subsection A(5), take-out and delivery establishments are defined as "retail establishments where food and drink are sold in a form ready for consumption, where the consumption may occur off premises. In such establishments, the consumer purchases the food and/or drink inside of the principal building, or an employee of the establishment delivers the food and/or drink to the customer off the premises." For any such delivery establishments, the motor vehicles used to deliver the food and/or drink to the customer shall not contain labeling or advertising for the business establishment.

(6) Buildings used for club, fraternal, recreational and athletic or social purposes.

(7) Nursery schools and day-care centers and childrens' play facilities.

B. No internal-combustion engine shall be used in any building unless vibration is eliminated and it is equipped and operated with an effective muffler or silencer so as to eliminate noise.

C. No land, building or premises shall be used for any trade, industry or purpose that may be noxious or offensive by reason of the production or emission of odor, dust, smoke, gas or refuse matter or noise, fumes, vibration or similar substance or condition that is or is likely to be offensive, dangerous or injurious to public health or safety.

D. The restrictions on the uses of lands and premises, contained in Subsection A, shall be deemed to prohibit the outdoor storage, display or sale of all items, goods, wares, supplies or merchandise, such as, but without limitation of the generality of the foregoing, outdoor storage of motor vehicles or power or other equipment outdoor storage or sale of surplus materials, junk or contractor's equipment; outdoor or drive-in food markets; or outdoor storage or sale of supplies, parts, components, raw materials, goods in process or finished or unfinished goods; but no provision of this Part 9 shall be construed to prohibit the outdoor storage, display or sale of trees, shrubs, plants or other garden supply products, which shall be permitted uses in the Commercial District.

E. Residential uses.

[Added 7-10-1975 by Ord. No. 0-11-75]

(1) Single-family residences, lawfully existing in the C Commercial District as nonconforming uses, may be added to or enlarged without reference to their status as nonconforming uses, and no use variance for such expansion or enlargement shall be required, provided that the height, lot size, open space, lot coverage, floor area and other bulk regulations applicable to the A Residence District will be observed by such addition or enlargement.

(2) Any use of land or building permitted in the A Residence District under the provisions of § 142-223C through G, inclusive, is permitted in the C Commercial District, including specifically, without limiting the generality of the foregoing, professional uses under § 142-223G at any single-family house lawfully existing in the C Commercial District.

(3) A detailed site plan meeting the requirements of Part 6, Site Plan Review, of this chapter shall be prepared for Joint Planning Board review and approval prior to issuance of a building permit or certificate of occupancy for any such professional or other use of land or buildings in the C Commercial District authorized by this subsection.

F. With respect to lots divided by a zone boundary line into a residential district and a commercial district, if the appropriate board in the course of site plan or subdivision review determines that, by reason of the need for off-street parking for the proposed commercial use, the residentially zoned portion of the lot may be so used without injury to adjoining residential uses or residentially zoned lots, the appropriate board may permit the applicant to construct and pave the residentially zoned portion of the lot for such additional commercially generated parking spaces as the appropriate board determines to be necessary to meet the requirements of such commercial use, subject to the following limitation and safeguards:

(1) Any such off-street parking area shall be screened from all adjoining residential uses and residentially zoned lands by fencing, evergreen landscaping or other suitable screening in such manner as shall be approved by the appropriate board.

(2) No such facility shall include a driveway or driveway aisle located within 10 feet of adjacent property used or developed for residential purposes.

(3) Each automobile space shall be set back not less than five feet from any adjacent property used or developed for residential purposes.

(4) Each automobile space shall comply as to size and area with the requirements of this Part 9, Zoning.

(5) Such off-street parking areas and all driveways and maneuvering areas giving access thereto shall be designed in such manner as to produce a minimum of glare to the adjoining residential district and in such manner as to constitute a minimum of disturbance to or encroachment upon the use and enjoyment of the adjoining residential properties.

(6) Any parking facility permitted hereunder designed to accommodate 20 or more vehicles (for the entire use) shall contain one planting island, containing at least 50 square feet of permeable surface for each 10 parking spaces or fraction thereof. Such permeable surface area shall be either planted or covered with organic material, such as wood chips or other similar permeable material approved by the appropriate board. At least one tree shall be planted in each required planting island.

§ 142-228 SH Senior Housing District.

[Added 6-22-1989 by Ord. No. 0-10-89]

A. Permitted uses. In an SH Senior Housing District, no building shall be used, and no building shall be erected or altered which is arranged, intended or designed to be used and no land shall be used except for the following permitted use:

(1) One or more dwelling units intended and specifically designed to provide well-constructed and adequate housing for persons hereinafter defined. Such housing shall be occupied by persons 62 years of age or older (hereinafter "senior persons"). A minimum of 20% of the units in an SH Senior Housing District shall be occupied by senior persons with low or moderate income. The requirements for low- and moderate-income housing set forth in § 142-235 shall be complied with. One person under the age of 62 may reside in a dwelling unit with a senior person or persons if the presence of such person is essential to the physical care or economic support of the senior person or persons. Each dwelling unit shall consist of complete living accommodations, including cooking facilities, sleeping accommodations and individual bathroom facilities.

[Amended 5-9-1991 by Ord. No. 0-3-91R]

(2) In addition, an SH Senior Housing District may contain, as incidental uses accessory to the dwelling units, recreational facilities, workshops, living areas for the common use of project residents and kitchenettes where food may occasionally be prepared for serving in a common living area.

(3) Golf courses.

[Added 7-25-1991 by Ord. No. 0-14-91]

(4) Accessory buildings customarily incidental to a golf course use. However no elevated or multitiered driving range is permitted. Illumination of any driving range is also prohibited.

[Added 7-25-1991 by Ord. No. 0-14-91; amended 3-27-1997 by Ord. No. 0-6-97]

B. Minimum site area requirement. Each site shall contain a minimum of three acres.

C. Minimum site frontage requirement. Each site shall have a minimum frontage of 200 feet along a public street.

D. Minimum site depth requirement. Each site shall have a minimum depth of 200 feet.

E. Maximum density. The maximum number of dwelling units on the site shall not exceed 15 units per acre.

[Added 10-24-1991 by Ord. No. 0-21-91]

F. Maximum building area. The building area of the site shall not exceed 15%.

G. Height of buildings, number of stories. Buildings shall be not less than 15 feet and not more than 35 feet in height. Buildings shall be no more than three stories in height

[Amended 10-24-1991 by Ord. No. 0-21-91]

H. Minimum yard requirements. The minimum yard requirements shall be as follows:

(1) Front yard: not less than 50 feet.

(2) Rear yard: not less than 50 feet.

(3) Side yard: not less than 50 feet, except where the site abuts a single-family residential district, in which case the side yard shall not be less than 75 feet.

(4) Corner lots, the minimum front yard requirement shall apply to both street frontage.

I. Minimum off-street parking requirements. The number of off-street parking spaces shall be not less than as required by § 142-269 of this chapter.

J. Site plan approval and agreements. A detailed site plan of the proposed development shall be prepared and submitted in accordance with Parts 1 and 6 of this chapter of the Code of the Township of River Vale. An approved detailed site plan, along with any supplemental agreements required by the Joint Planning Board, shall be filed prior to the issuance of a building permit.

K. Conditional use. The following uses shall be conditional uses in the SH District: assisted living, assisted senior housing, adult retirement communities, congregate-care apartment housing, continuing-care and nursing homes.

[Added 2-28-2002 by Ord. No. 0-1-02]

(1) Accompanying any of the above uses may be any of the following accessory uses: adult day care, auditorium/multipurpose room, chapel/prayer room, craft/hobby room, exercise room, game room, greenhouse, library, gift shop, bank, beauty salon, dental/medical office, pharmacy.

(2) The development of the above conditional uses shall be subject to the following area and bulk requirements:

(a) Minimum lot area: five acres.

(b) Minimum lot frontage: 200 feet.

(c) Minimum lot depth: 200 feet.

(d) Minimum building setback:

[1] From public right-of-way: 25 feet.

[2] From property line (residential zone): 35 feet.

[3] From property line (nonresidential zone): 25 feet.

[4] To internal cartway: 10 feet.

[5] To parking area: five feet.

[6] To residential area: 35 feet, provided that in the aggregate of any two side yards abutting a residential area shall be a minimum of 80 feet.

(e) Minimum aggregate maximum building height: 35 feet.

(f) Maximum lot coverage: 30%.

(g) Maximum impervious coverage: 65%.

(h) Minimum landscaped buffer width: 10 feet.

(i) Minimum setback of parking to lot line: 10 feet.

(j) Minimum building setback: --.

(k) Maximum density: 25 dwelling units per acre.

(l) Minimum parking spaces: 0.50 spaces per unit.

L. Minimum off-street parking requirements. The number of off-street parking spaces for all conditional uses under this chapter shall be 0.60 per unit.

M. Permitted accessory uses in the SH District. Accessory uses for assisted-living facilities for senior citizens shall permit and may include:

(1) Congregate dining facilities for residents of the facility and their guests and staff.

(2) Indoor and outdoor recreation areas for residents of the facility and their guests.

(3) Indoor common laundry facilities for use by residents and staff.

(4) Commissaries, dispensaries, doctors' and nurses' offices, barbershops and beauty salons, staff offices, meeting and conference rooms, and other support facilities operated entirely for the benefit of the residents.

(5) Alternate emergency power facilities.

§ 142-229 HDD Housing District for the Disabled.

[Added 8-23-1990 by Ord. No. 0-9-90]

A. Definition. For the purposes of this section, "disabled" is hereby defined as a severe, chronic disability of a person which:

(1) Is attributable to mental or physical impairment or combination of mental and physical impairments.

(2) Is manifested before the person attains age 22.

(3) Is likely to continue indefinitely.

(4) Results in substantial functional limitations in three or more of the following areas of major life activity:

(a) Self-care.

(b) Receptive and expressive language.

(c) Learning.

(d) Mobility.

(e) Self-direction.

(f) Capacity for independent living.

(g) Economic self-sufficiency.

(5) Reflects the person's need for a combination and sequences of special, interdisciplinary or generic care, treatment or other services which are of lifelong or extended duration and are individually planned or coordinated.

B. Permitted uses. In an HDD Housing District for the Disabled, no building shall be erected or altered which is arranged, intended or designed to be used and no land shall be used except for the following permitted use:

(1) One or more dwelling units intended for apartment living and specifically designed or adapted to provide well-constructed and barrier-free housing for persons who are disabled, as defined herein. The dwelling units shall be occupied by disabled persons with low and moderate incomes. Not more than two persons who are not disabled may reside in a dwelling unit if the presence of such person or persons is related to or essential to the support and care of the disabled person. Each dwelling unit shall consist of complete living accommodations, including but not limited to cooking facilities, storage, sleeping accommodations and bathroom facilities.

(2) In addition, an HDD Housing District for the Disabled may contain, as incidental uses accessory to the dwelling units, lobby, office, multipurpose room, game room, mechanical room and laundry room and such exterior amenities as may be required by statute, ordinance or resolution.

C. Minimum site area requirement. Each site shall contain a minimum of 1.25 acres.

D. Minimum site frontage requirement. Each site shall have a minimum frontage of 200 feet along a public street.

E. Minimum site depth requirement. Each site shall have a minimum depth of 200 feet.

F. Maximum density. The maximum dwelling units on the site shall not exceed a density of 15 units per acre.

G. Maximum building area. The building area shall not exceed 30%.

H. Height of buildings. Buildings shall not be less than 15 feet and not more than 24 feet in height and shall not exceed one story.

I. Minimum yard requirements. The minimum yard requirements shall be as follows:

(1) Front yard: not less than 50 feet.

(2) Rear yard: not less than 50 feet.

(3) Side yard: not less than 25 feet, except where the site abuts a single-family residential use, in which case the side yard shall not be less than 35 feet.

(4) Corner lots, the minimum front yard requirement shall apply to both street frontages.

J. Minimum off-street parking requirements. The number of off-street parking spaces shall be not less than as required by § 142-269 of this chapter.

K. Site plan approval and agreements. A detailed site plan of the proposed development shall be prepared and submitted in accordance with Part 6 of this chapter.

§ 142-230 MF-20 Residence District.

[Added 2-4-1972 by Ord. No. 0-3-72]

A. Permitted uses. In an MF-20 Residence District, no building shall be used, and no building shall be erected or altered which is arranged, intended or designed to be used, and no land shall be used except for one or more of the following permitted uses:

[Amended 3-27-1997 by Ord. No. 0-6-97]

(1) Multiple-family dwellings.

(2) Municipally owned or operated facilities.

(3) Private swimming pools and similar recreation facilities for exclusive use of the occupants.

(4) Other accessory buildings customarily incidental to any use permitted by this section, provided that such accessory building shall be on the same site with the building to which it is accessory and also provided that such accessory building shall not be used for residence purposes.

B. Minimum site area requirement. Each site shall contain a minimum area of 20 acres.

C. Minimum site frontage requirement. Each site shall have a minimum frontage of 600 feet along a public street.

D. Minimum site depth requirement. Each site shall have a minimum depth of 600 feet.

E. Maximum density. The maximum number of dwelling units on the site shall not exceed a density of 20 units per acre.

F. Maximum building area. The maximum building area of the site shall not exceed 15%.

G. Maximum height of buildings. The maximum height of buildings shall not exceed five stories and in no event more than 52 feet including mechanicals, exclusive of firesafety apparatus and devices as required by law.

H. Minimum yard requirements. The minimum yard requirements of the site shall be as follows:

(1) Front yard: a minimum of 100 feet.

(2) Rear yard: a minimum of 100 feet.

(3) Side yard: a minimum of 100 feet.

I. Minimum off-street parking requirements. The minimum off-street parking spaces required, shall be not less than 1.5 spaces for each dwelling unit, with the ability to expand the off-street parking facilities to a maximum of two spaces per dwelling unit, if deemed necessary by the governing body or the Joint Planning Board at a future date.

J. Minimum off-street loading requirements. The minimum off-street loading spaces required, shall be not less than two spaces for each multiple-family structure.

K. Site plan approval and agreements. A detailed site plan of the proposed development shall be prepared and submitted in accordance with Part 6 of this chapter of the Code of the Township of River Vale. An approved detailed site plan, along with any supplemental agreements required by the governing body or the Joint Planning Board shall be necessary prior to the issuance of a building permit.

L. Bedroom schedule. The following schedule or ratio of bedroom units shall apply: there shall be a minimum of 75% of dwelling units with no more than one bedroom, with the balance of dwelling units having no more than two bedrooms.

M. Minimum dwelling unit floor area requirements. The following shall be minimum dwelling unit floor area requirements:

(1) Efficiency dwelling unit: 800 square feet.

(2) One-bedroom dwelling unit: 1,000 square feet.

(3) Two-bedroom dwelling unit: 1,200 square feet.

§ 142-231 PO Professional Office District.

[Added 2-4-1972 by Ord. No. 0-4-72]

A. Permitted uses. In a PO Professional Office District no building shall be used, and no building shall be erected or altered which is arranged, intended or designed to be used, and no land shall be used, except for one or more of the following permitted uses:

(1) The professional offices of physicians, surgeons, dentists, lawyers, engineers, architects, landscape architects, city planners, accountants, real estate brokers, insurance brokers or stock and bond brokers.

(2) Banking facilities where such use does not exceed 35% of the total floor area of the building.

(3) Other accessory buildings customarily incidental to any use permitted by this section, provided that such accessory building shall be on the same site with the building to which it is accessory, and also provided that such accessory building shall not be used for residence purposes.

B. Minimum site area requirements. Each site shall contain a minimum area of 1.5 acres.

C. Minimum site frontage requirement. Each site shall have a minimum frontage of 150 feet along a public street.

D. Minimum site depth requirement. Each site shall have a minimum depth of 150 feet.

E. Maximum building area. The maximum building area of the site shall not exceed 25%.

F. Maximum height of buildings. The maximum height of buildings shall be three stories, and the height thereof shall not in any event exceed 35 feet.

G. Minimum yard requirements. The minimum yard requirements shall be as follows:

(1) Front yard: a minimum of 75 feet.

(2) Rear yard: a minimum of 75 feet.

(3) Side yard: a minimum of 25 feet, except where the site abuts a single-family residential district, in which case the side yard shall not be less than 75 feet.

(4) Corner lots, the minimum front yard requirements shall apply to both street frontages.

H. Minimum off-street parking requirements. The minimum off-street parking spaces required shall be not less than required by § 142-269 of the Code of the Township of River Vale.

I. Minimum off-street loading requirements. The minimum off-street loading space required shall be not less than one space for each professional office structure or one space for each 40,000 square feet of floor area in such use or portion thereof, whichever is greater.

J. Site plan approval and agreements. A detailed site plan of the proposed development shall be prepared and submitted in accordance with Parts 1 and 6 of this chapter of the Code of the Township of River Vale. An approved detailed site plan, along with any supplemental agreements required by the governing body or the Joint Planning Board, shall be necessary prior to the issuance of a building permit.

§ 142-232 Open Space and Recreation Zone.

[Added 6-22-2009 by Ord. No. 213-2009[1]]

A. Permitted uses. In an Open Space and Recreation Zone no building shall be used, and no building shall be erected or altered which is arranged, intended or designed to be used, and no land shall be used, except for one or more of the following permitted uses, all with required best management practices (BMPs):

(1) A country club with one clubhouse.

(2) Golf courses.

(3) Park and recreation areas with low percentages of impervious coverage (10% maximum impervious coverage, e.g., passive recreation areas, athletic fields, picnic areas, botanical gardens.)

(4) Watershed and reservoir areas.

(5) Municipally owned or operated facilities.

(6) Other accessory buildings customarily incidental to any use permitted by this section, provided that such accessory buildings shall be on the same site with the building to which it is accessory, and also provided that such accessory buildings shall not be used for residence purposes. However, no elevated or multitiered driving range is permitted. Illumination of any driving range is also prohibited.

B. Minimum lot area requirement. Each lot shall contain a minimum area of 25 acres.

C. Minimum lot frontage requirement. Each lot shall have a minimum frontage of 600 feet along a public street.

D. Minimum lot depth requirement. Each lot shall have a minimum depth of 600 feet.

E. Maximum building area. The maximum building area shall not exceed 1% of the lot area.

F. Maximum height of buildings. The maximum number of stories above grade level in any building shall be 2 1/2 stories. Grade level means average grade level of the ground adjacent to the exterior walls of the building.

G. Minimum yard requirements. The minimum yard requirements shall be as follows:

(1) Front yard: a minimum of 100 feet.

(2) Rear yard: a minimum of 100 feet.

(3) Side yard: a minimum of 100 feet.

H. Minimum off-street parking requirements. The minimum off-street parking spaces required shall be not less than required by § 142-269 of this chapter.

I. Minimum off-street loading requirements. The minimum off-street loading spaces required shall be not less than two spaces for each principal structure, or one space for each 40,000 square feet of floor area in such use or portion thereof, whichever is the greater.

[1] Editor's Note: This ordinance also repealed former § 142-232, EO Executive Office District, added 4-13-1972 by Ord. No. 0-17-76, as amended.

§ 142-233 SFAH Single-Family Affordable Housing District.

[Added 12-13-1990 by Ord. No. 0-18-90]

A. Permitted uses. In an SFAH District, permitted uses shall include all such uses as are permitted in the B Residence District. The limiting schedule shall be as set forth for the B Residence District at § 142-265 of this chapter with the following amendments:

(1) Minimum area of lot: 6,000 square feet.

(2) Minimum width of lot: 60 feet.

(3) Minimum frontage of lot: 60 feet.

(4) Minimum front setback: 25 feet.

(5) Minimum side setback, each side: 10 feet.

(6) Minimum rear setback: 30 feet.

(7) Maximum coverage.

[Amended 7-24-2003 by Ord. No. 0-7-03R]

(a) Maximum impervious coverage. The maximum coverage of the lot by the principal and accessory buildings, structures and uses, including walkways, patios, garages and any other impermeable material, shall not exceed 40% of the gross lot area.

(b) Maximum building coverage. The maximum coverage of the lot by the principal and any accessory buildings shall not exceed 25% of the gross lot area.

B. Low- and moderate-income housing obligation. A low- and moderate-income housing set aside as provided in § 142-235, entitled "Low- and moderate-income housing requirements," shall be required in any development in the SFAH District, or, in lieu thereof, the landowner of lands in the SFAH District shall have executed a binding undertaking to deposit to a trust fund established and administered by the Township for the purpose of construction and/or rehabilitation of low- and/or moderate-income housing units outside the development site, such agreed sum as fairly reflects the cost to the landowner of the subsidies which would otherwise have been required to implement said set-aside obligation. The sum which fairly reflects the cost to the landowner of such subsidies shall be determined in accordance with such standards, where applicable, as have been and shall be established by the New Jersey Council on Affordable Housing (hereinafter "COAH").

[Amended 5-9-1991 by Ord. No. 0-3-91R]

C. Fees. Fees shall be the same as those set forth for planned developments at § 142-133 of this chapter.

§ 142-234 MFAH Multifamily Affordable Housing District.

[Added 5-9-1991 by Ord. No. 0-3-91R]

A. Permitted uses. In an MFAH District, the following uses are permitted:

(1) Single-family semidetached (patio home), defined as a single-family dwelling on a separate lot with open yard space on at least three sides of the unit. An open court may be featured around which the unit is constructed.

(2) Single-family detached, defined as a building containing one dwelling unit surrounded by a front, rear and two side yards.

(3) Multifamily townhouse, defined as a building designed as a series of attached single-family dwellings containing not fewer than three nor more than eight units. The units may share no more than two common walls attached side to side, side to rear or rear to rear.

(4) Multifamily multiplex, defined as a group of not fewer than four nor more than 16 dwelling units, architecturally designed with some units placed on top of other units. A one-and-one-half-story unit may be stacked on a one-story unit. The units may share no more than three common walls attached side to side, side to rear or rear to rear.

(5) Indoor and outdoor recreational facilities, defined to include clubhouses, tennis, squash and similar courts, swimming pools, skating facilities, basketball courts, ball fields, tot lots and other similar recreation and open space uses when incidental to a primary use within an MFAH District. Indoor tennis courts shall not be permitted, and all structures proposed for recreational use shall be approved by the Joint Planning Board.

(6) Offices or other facilities designed and intended solely for the purpose of managing the activities and responsibilities assigned to a project's specific homeowner's association or comparable management entity or to conduct the normal or incidental activities related to the operation and maintenance of a recreational facility permitted by this chapter.

(7) Recreation facilities may be located off-site with the concurrence of the governing body on such terms and conditions as may be reasonably established by the governing body to address the costs to the Township as well as conditions peculiar to the site, and the health, safety and welfare of the Township.

[Added 6-27-2002 by Ord. No. 0-7-02]

B. Minimum tract size. The minimum tract size shall be five acres, except that the size of each noncontiguous parcel under the same ownership which is part of the same five-acre or greater development plan may be not less than two acres; and for single-family semidetached and single-family detached homes, the minimum lot size shall be as set forth in Subsection E. Each development site shall contain sufficient access to an approved and improved public street. Proposed internal streets, roads to be dedicated and rights-of-way shall not be deemed to divide acreage of a development and shall be considered as part of the gross site area.

C. Minimum setbacks from reservoirs and waterway tributaries; drainage control. No building, structure or paved area shall be constructed within 200 feet of the maximum flood elevation of Lake Tappan of 56.0 feet based on a one-hundred-year storm as per the Federal Emergency Management Agency map dated October 15, 1981 (hereinafter the "FEMA Map"). No building, structure or paved area shall be constructed within 50 feet of the maximum flood elevation of the Pascack Brook, the Hackensack River or any waterway tributary to the Hackensack River based on a one-hundred-year storm as per the FEMA Map. Drainage from new building sites and pavement shall be collected by storm drains directed into appropriate detention and infiltration basins with filtering systems for nonpoint pollution.

D. Setback from gas lines and high-tension wires. No building or structure shall be located within a minimum setback of 25 feet from the center line of a natural gas or liquefied gas transmission line or within 25 feet of overhead electric or other high-tension lines. In respect to overhead or aerial lines, the setback shall be measured from a line drawn vertically from the outer edge of any overhead electric or other high-tension line or from any supporting structure or stanchion supporting an overhead powerline.

E. Internal development standards shall be as follows:

(1) Single-family semidetached (patio):

(a) Minimum lot area: 5,500 square feet.

(b) Minimum lot area, corner lot: 6,500 square feet.

(c) Minimum lot width: 55 feet.

(d) Minimum front yard setback: 25 feet from the right-of-way.

(e) Minimum rear yard setback: 30 feet.

(f) Minimum side yard setback: 20 feet, both sides; zero feet, one side.

(g) Minimum lot depth: 100 feet.

(h) Minimum setback accessory buildings, side and rear: five feet.

(i) Maximum height: 35 feet; 2 1/2 stories. ("One-half-story" shall be defined as the top floor of a structure with a sloping roof such that the floor area is not more than 1/2 of the floor area of the story below.)

(2) Single-family detached:

(a) Minimum lot area: 10,000 square feet.

(b) Minimum lot width: 75 feet.

(c) Minimum front yard setback: 25 feet from the right-of-way.

(d) Minimum rear yard setback: 30 feet.

(e) Minimum side yard setback: 20 feet, both sides; 10 feet, one side.

(f) Minimum lot depth: 100 feet.

(g) Minimum setback accessory buildings, side and rear: five feet.

(h) Maximum height: 35 feet; 2 1/2 stories. ("One-half-story" shall be defined as the top floor of a structure with a sloping roof such that the floor area is not more than 1/2 of the floor area of the story below.)

(3) Multifamily townhouse:

(a) Maximum units per structure: eight.

(b) Maximum units, same plane per structure: four (with two-foot break).

(c) Minimum distance between structures:

[1] Side to side: 25 feet.

[2] Rear to rear: 40 feet.

[3] Rear to side: 40 feet.

[4] Front to front: 50 feet.

(d) Minimum setback to internal cartway: 25 feet from pavement edge.

(e) Minimum setback to internal parking: 20 feet from pavement edge.

(f) Maximum height: 35 feet; 2 1/2 stories. ("One-half-story" shall be defined as the top floor of a structure with a sloping roof such that the floor area is not more than 1/2 of the floor area of the story below.)

(g) Maximum length in one direction: 250 feet.

(4) Multifamily multiplex:

(a) Maximum units per structure: 16.

(b) Maximum units, same plane: six (with a two-foot break).

(c) Minimum distance between buildings:

[1] Side to side: 30 feet.

[2] Rear to rear: 50.

[3] Rear to side: 50 feet.

[4] Front to front: 50 feet.

(d) Minimum setback to internal cartway: 30 feet from pavement edge.

(e) Minimum setback to internal parking: 20 feet from pavement edge.

(f) Maximum height: 35 feet, 2 1/2 stories. ("One-half-story" shall be defined as the top floor of a structure with a sloping roof such that the floor area is not more than 1/2 of the floor area of the story below.)

(g) Maximum length of structure: 200 feet.

F. Buffer requirements. No building, structure or paved areas other than walls, fences and/or access roads shall be placed within 25 feet from all perimeter boundary lines of the site.

G. Density requirements. Densities shall not exceed an overall average of seven dwelling units per acre of gross development site area. Consistent with the internal development standards set forth in Subsection E above, unit concentrations shall be permitted which create sectional densities exceeding the prescribed overall average maximum density, provided that the overall total development density does not exceed seven dwelling units per acre.

H. Low- and moderate-income housing set-aside. All developments within an MFAH District shall be required to provide a 20% low- and moderate-income housing set-aside in accordance with § 142-235 of this chapter. Additionally, 50% of the required affordable housing units may be built off-site on such terms and conditions as may be reasonably established by the governing body to address the costs to the Township as well as conditions peculiar to the site, and the health, safety and welfare of the Township.

[Amended 6-27-2002 by Ord. No. 0-7-02]

I. Common recreation areas and open space. The minimum required area for common recreation and open space use shall be a total of 30% of the gross site area, with at least 10% of the gross site area for such recreational activities as sitting areas, picnic areas, playfields, playgrounds, basketball courts, tennis courts and swimming pools.

J. Circulation and off-street parking. The requirements of §§ 142-103 through 142-114 of this chapter shall apply, except as follows:

(1) Each off-street parking space shall have an area of not less than 162 square feet, exclusive of access drives, or aisles, and shall measure nine feet in width by 18 feet in length and shall be of usable shape and condition.

(2) The number of off-street parking spaces required shall be as follows:

(a) Single-family semidetached: two per unit.

(b) Single-family detached: two per unit.

(c) Townhouse and multiplex (by bedroom distribution):

[1] Efficiency: 1.5 per unit.

[2] One bedroom: two per unit.

[3] Two or more bedrooms: 2.2 per unit.

(3) All parking areas within multifamily projects on property owned in common by an association shall have spaces designated for handicapped use. The number, location and size of these spaces shall conform to applicable state standards.

(4) Required parking spaces may be enclosed or unenclosed.

(5) Pavement width; culs-de-sac. There shall be adequate provision for ingress and egress to all parking spaces. Access drives, aisle widths and culs-de-sac shall meet the following requirements:

(a) Pavement width of aisle or access drive: 25 feet.

(b) Pavement width of public street: 28 feet.

(c) Right-of-way width of public street: 50 feet.

(d) Minimum radius of cul-de-sac, exclusive of parking: 50 feet.

(e) Maximum cul-de-sac length: 1,000 feet.

K. Utility improvements. Every development shall conform to the standards and procedures applicable to planned residential developments set forth in § 142-115 of the Code.

L. Garbage and trash services. Garbage, refuse and trash removal and disposal services for multifamily units shall be arranged privately by or on behalf of the occupants of a development and shall conform to the standards as prescribed by the State of New Jersey and the Township of River Vale for recycling of solid waste. Unless otherwise prohibited by state law, garbage, refuse and trash removal from multifamily units shall not be an obligation of the Township. The provisions of Chapter 186, Recycling, of the Code of the Township of River Vale are incorporated herein as though set forth at length.

M. Snow and ice removal. Every development shall conform to the standards and procedures applicable to planned residential developments set forth in § 142-117 of this chapter.

N. Improvement standards.

(1) Curb. Concrete curb, where required, shall be six-by-nine-by-twenty-inch vertical concrete curb constructed of Class B concrete, air-entrained as specified in the New Jersey Department of Transportation Standard Specifications for Roadway and Bridge Construction, latest edition. Preformed bituminous cellular-type joint filler, 1/2 inch thick, shall be used at all expansion joints at intervals not greater than 20 feet. At the option of the developer, Belgian block curb shall be permitted for decorative or traffic control purposes. An appropriate construction detail shall be submitted for approval with the subdivision and/or site plan application.

(2) Sidewalks.

(a) Sidewalks, where required, shall be four feet wide and four inches thick, except crossing driveways, where the thickness shall be increased to six inches, reinforced at the midpoint with welded wire fabric. All sidewalk construction shall be in accordance with applicable requirements of the New Jersey Department of Transportation Standard Specifications. Concrete shall be Class C, air-entrained. Preformed bituminous cellular joint filler 1/2 inch thick shall be placed at intervals not exceeding 20 feet. Dummy (formed) joints shall be cut into the concrete sidewalk between the expansion joints at equal intervals not exceeding the width of the sidewalk.

(b) Reinforced concrete aprons shall be constructed at all driveways between the curb and the sidewalk. Aprons shall be six inches thick and reinforced at the midpoint with welded wire fabric. Concrete shall be Class C, air-entrained. At each driveway the curb shall be depressed to form a driveway opening. The bottom of the curb shall be lowered to maintain full curb depth across the depression.

(c) Curb ramps for the physically handicapped shall be constructed on all street curb returns and, where appropriate, in parking areas. Construction of curb ramps shall be in accordance with applicable state standards.

(3) Roadway construction.

(a) All roadways, whether public or private, including subgrade subbase, base courses and pavements, shall be constructed in accordance with New Jersey Department of Transportation Standard Specifications. All roadways shall be constructed with a bituminous concrete flexible pavement structure. The pavement structure design shall be the responsibility of the developer and his engineer. The pavement design, if different than the suggested standard outlined herein, shall be based upon traffic loading projections and field sampling and laboratory analysis of the subgrade soils to be encountered in the development and shall follow current design recommendations of the Asphalt Institute or the generally recognized standards.

(b) Bituminous concrete pavements shall have an equivalent structural depth of at least 7 1/2 inches for parking aisles, access drives, minor streets and collector streets having a minimum wearing surface of not less than 1 1/2 inches of pavement, Type FABC-1, a minimum bituminous stabilized base course of not less than two inches and a dense graded aggregate base course to provide the remaining depth. Flexible bituminous concrete pavements shall have an equivalent structural depth of at least 10 inches for other street classifications having a minimum wearing surface of not less than two inches of pavement, Type FABC-1, a minimum bituminous stabilized base course of not less than four inches and a dense graded aggregate base to provide the remaining depth.

(4) Sanitary sewer systems.

(a) All developments shall be serviced by a public sanitary sewer system under the jurisdiction of the owner of the utility having franchise (service rights) for the property within which the development is proposed. Any final approval granted by the Joint Planning Board under the provisions of this chapter shall be conditioned upon the approval of the sanitary sewer systems by the appropriate agencies having jurisdiction, including the Bergen County Utilities Authority and the New Jersey Department of Environmental Protection. All construction shall be in accordance with the current requirements of the New Jersey Department of Environmental Protection as well as BOCA's National Standard Plumbing Code.

(b) The minimum size of sanitary sewers shall be eight inches in diameter. The minimum size of individual service connections shall be six inches in diameter from the main branch to the cleanout and four inches in diameter from the cleanout to the dwelling. Common laterals serving multifamily dwellings shall be permitted where a homeowners' association or similar entity is responsible for maintenance of the common laterals.

(c) Sanitary sewer pipe, including individual service connections, may be constructed of polyvinyl chloride (PVC) sewer pipe at the developer's option conforming to the requirements of STM Specifications D-3034, SDR-35 Type PSM polyvinyl chloride (PVC) sewer pipe and fittings. The joints for PVC sewer pipe shall be with an integral bell-and-spigot-type rubber gasket joint. Each integral bell shall consist of a formed bell complete with a single rubber gasket to provide a watertight installation.

(d) All sewers shall be subject to either an infiltration or exfiltration test. Exfiltration tests shall be conducted in lieu of filtration tests when the pipe has been laid above the groundwater level. Infiltration/exfiltration rates shall not exceed 100 gallons per inch of internal diameter per mile of pipe per day.

(5) Storm drainage facilities.

(a) All stormwater management plans shall demonstrate careful consideration of the general and specific concerns, values and standards of the Township's Master Plan and applicable county, regional and state storm drainage control programs and shall be based on environmentally sound site planning and engineering techniques. All plans shall utilize the best available technology to minimize off-site stormwater runoff, increase on-site filtration, simulate natural drainage patterns and minimize off-site discharge patterns of pollutants to ground- and surface water and encourage natural filtration functions.

(b) All storm drainpipes shall be slip, joint-type reinforced concrete pipe meeting the requirements of the New Jersey Department of Transportation's standard specifications and of a wall thickness sufficient to meet the proposed condition of services; but in any event, no wall thickness shall be less than Class 3, Wall B. Concrete pipe below 30 inches or larger shall be jointed using a preformed bituminous mastic pressure-type joint sealer or rubber-ring-type joint. All storm drains shall be tangent between inlets, manholes or other structures.

(c) Inlets and manholes shall be constructed where required in accordance with the New Jersey Department of Transportation's Standard Specifications. In continuous runs, spacing between structures shall not exceed 300 feet. Structures shall be located so as to not interfere with primary routes of pedestrian travel or any proposed handicap ramp.

(d) Stormwater drainage systems shall conform to designs based upon a fifteen-year-frequency storm, using a one-hour intensity of two inches. The Manning Formula shall be utilized in the sizing of stormwater drainage systems. A friction factor (n) of zero and 0.012 shall be used for concrete pipe.

(e) In order to minimize the effect of stormwater runoff on downstream drainage areas and facilities, each project will be required to manage the excess runoff, including quality, in a manner which adequately protects the downstream area. Where water quality control is required to protect downstream water supply sources or environmentally sensitive wetland areas, a water quality detention basin shall provide for the prolonged retention of runoff from a small design storm, either a one-year-frequency Type II storm or a storm of 1 1/4 inches of rainfall in a two-hour period. Provisions shall be made for runoff to be retained and released so that 90% is released within 18 hours. If this requirement results in a pipe smaller than three inches in diameter, the period of retention shall be waived so that three inches will be the minimum pipe size used.

(f) Where control of post-development rates of runoff is required to protect downstream properties or drainage facilities, detention facilities shall be required to control the rate of discharge for a one-hundred-year-frequency storm. The design storm shall be computed either as a Type II, twenty-four-hour storm in accordance with the United States Department of Agriculture, Soil Conservation Service Technical Release No. 55, Urban Hydrology for Small Watersheds, or as the estimated maximum rainfall for the estimated time of concentration when using the Rational Method.

(g) The Joint Planning Board shall consider reasonable alternatives to the construction of detention basins for control of stormwater quantity or quality. Measures, including but not limited to tanks, infiltration, dry wells or sheet flow, through vegetated areas may be used for this purpose.

(6) Landscaping.

(a) Landscaping design and planning shall be integrated into the overall design and shall not be considered as an afterthought. Proposed landscape design schemes shall be evaluated in their relationship to the existing natural landscape or to the developed or proposed landscape, including those on adjacent properties. The existing natural landscape character shall be preserved whenever possible and practicable.

(b) Landscaping shall be provided as part of the overall site plan, designed and integrated into building arrangements, topography, parking, setback and buffering requirements. Landscaping shall include trees, bushes, shrubs, ground cover, perennials, plants and the use of building and paving materials in an appropriate manner.

(c) The landscape shall be preserved in its natural state insofar as practicable and, where desirable, by minimizing tree and soil removal. Any grade changes shall be in keeping with the general appearance of neighboring developed areas. Treatment and design of proposed screening shall be shown and shall be such as may be maintained throughout the year. Areas of the lot not occupied by buildings, parking or walkways shall be planted with grass, shrubs or other decorative landscaping.

(d) A landscaping plan shall be submitted with each development application. The plan shall identify existing and proposed trees, shrubs, plant material, ground cover and natural features such as boulders or rock outcroppings. It should show where they are or will be located and the planting details. A tree-by-tree or bush-by-bush inventory of existing conditions shall not be required except for existing trees in excess of 12 inches caliper in those areas disturbed by the development; however, an area inventory showing existing site conditions and proposed landscaping shall be required.

(e) One of the uses of landscaping will be to buffer and accentuate boundaries and to involve the masking out or concealing of any objectionable area. The achievement of this is left to the designer. Buffering shall be employed to mask from the public view or adjacent properties such service areas as trash and garbage areas, outside equipment of an unaesthetic character and accessory buildings or areas not enhancing or in keeping with the aesthetics of the project or neighborhood.

(f) Buffering, where required, shall be located around the perimeter of the site to minimize headlights of vehicles, noise, light from structures and the movement of people and vehicles and to shield activities from adjacent properties. Buffering may consist of fencing, evergreens, shrubs, deciduous trees or combinations thereof to achieve the stated objectives.

(g) Buffers may consist of walls, fences, landscaping and berms that shall be used to minimize any adverse impacts or nuisances on the site or from adjacent areas. Buffer areas shall be required for the following areas:

[1] Along property lines shielding various uses from one another.

[2] Where interior roads or driveways run parallel with roadways exterior to the site.

[3] Where parking areas abut other properties.

[4] In the general areas of garbage storage areas, loading and unloading areas and outdoor storage areas.

[5] As windbreak areas.

[6] To shield areas from deleterious noise or other adverse conditions.

(h) Where evergreens are used as buffer materials, they shall be planted in two staggered planted rows. The rows shall be four to five feet apart, and the evergreens shall be planted eight feet on center. Where earthen berms are utilized, they shall be maintained with a minimum height of four feet, and a maximum slope shall be suitably stabilized to prevent erosion.

(i) In parking lots, at least 5% of the parking areas shall be landscaped. The landscaping should be located in protected areas, along walkways, at center islands and at the end of bays. In narrow islands, low spreading plants such as creeping juniper, English ivy, myrtle or pachysandra are appropriate.

(j) All landscaping in parking areas shall be carefully located so as not to obstruct vision. A variety of different types of trees should be grouped to break up the mass of cars.

(k) For parking areas or lots, the paved parking surface shall contain planting islands or planting beds as required in this chapter. Such planting islands shall have a minimum permeable surface of 50 square feet and shall be protected by continuous concrete curbing or other permitted barriers. Surface areas shall be planted or covered with organic materials such as wood chips and may not be paved or covered with stone, brick, concrete, slate or other like materials. Trees having specifications approved by the Joint Planning Board shall be planted within such islands at a ratio of one tree per island. In lieu of planting islands, planting beds projected from the perimeter shall be approved by the Joint Planning Board.

(l) Any person erecting a new building shall be required to plant shade trees at intervals specified in this chapter along the street line, either at the right-of-way line or on the side of the sidewalk opposite from the curb or the place provided therefor. Such trees shall not be less than 1 3/4 inches in diameter, breast high, well branched and not less than 10 feet high with branches starting not less than six feet from the crown of the root system. The type of trees shall be designated by said Joint Planning Board and shall be obtained from an accredited nursery, with replacement guaranteed if such trees die within two growing seasons.

(m) Foundation plantings shall be provided, with the exception of single-family detached dwellings which will be left to the discretion of the applicant. All foundation plantings shall consist of a continuous mulched landscape bed meandering along the entire facade length, wherever primary unit entrances occur. The landscape bed shall consist of an appropriate mixture of deciduous evergreens and ornamental trees, shrubs and ground covers.

O. Common recreation areas and open space owned in common.

(1) Common recreation areas and open space ownership. The landowner or developer shall provide for and establish an organization for the ownership and maintenance of any recreation areas and/or open space which are owned in common by the residents of any development, and such organization shall not be dissolved nor shall it dispose of any such common areas by sale or otherwise (except to an organization established to own and maintain the common recreation areas and development open space) without the written consent and approval of the governing body of the Township of River Vale. Before dissolving and before disposing of any recreation areas or open space owned in common, the organization shall first be required to offer to dedicate those common areas to the municipality, in accordance with the provisions of N.J.S.A. 40:55D-43.

(2) Continuous maintenance of recreation areas owned in common and open space owned in common. In the event that such organization shall fail to maintain the common areas in reasonable order and condition, the Township may require the owners or occupants of multifamily units within multifamily developments to do so.

(3) Cost of maintenance. The cost of any maintenance performed by the Township shall be assessed pro rata against the properties within the development which own the common recreation area or common open space, in accordance with values as assessed at the time of imposition of the lien, which assessment shall be a lien and tax on said properties to be added to and become a part of the taxes to be levied and assessed thereon and enforced and collected with interest by the same officers and in the same manner as other taxes.

P. Fees. Fees shall be the same as those set forth for planned developments as § 142-132 of this chapter.

Q. The reference to the mean high-water level set forth in this section with reference to detention basin construction is hereby deleted.

[Added 6-27-2002 by Ord. No. 0-7-02]

§ 142-235 Low- and moderate-income housing requirements.

[Added 5-9-1991 by Ord. No. 0-3-91R; amended 10-28-1993 by Ord. No. 0-18-93; 2-29-1996 by Ord. No. 0-4-96]

This section of the Code of the Township of River Vale sets forth regulations regarding low- and moderate-income housing units in River Vale that are consistent with the provisions of N.J.A.C. 5:93 et seq., as effective on June 6, 1994. These rules are pursuant to the Fair Housing Act of 1985 (N.J.S.A. 52:27D-301 et seq.) and River Vale's constitutional obligation to provide its fair share of low- and moderate-income housing.

A. River Vale's new construction or inclusionary component will be divided equally between low- and moderate-income households as per N.J.A.C. 5:93-2.20.

B. Except for inclusionary developments constructed pursuant to low-income tax credit regulations:

(1) At least 1/2 of all units within each inclusionary development will be affordable to low-income households;

(2) At least 1/2 of all rental units will be affordable to low-income households; and

(3) At least 1/3 of all units in each bedroom distribution pursuant to N.J.A.C. 5:93-7.3 will be affordable to low-income households.

C. Inclusionary developments that are not restricted to senior citizens will be structured in conjunction with realistic market demands so that:

(1) The combination of efficiency and one-bedroom units is at least 10% and no greater than 20% of the total low- and moderate-income units;

(2) At least 30% of all low- and moderate-income units are two-bedroom units;

(3) At least 20% of all low- and moderate-income units are three-bedroom units; and

(4) Low- and moderate-income units restricted to senior citizens may utilize a modified bedroom distribution. At a minimum, the number of bedrooms will equal the number of senior citizen low- and moderate-income units within the inclusionary development.

D. In conjunction with realistic market information, the following criteria will be used in determining maximum rents and sale prices:

(1) Efficiency units will be affordable to one-person households.

(2) One-half of all one-bedroom units will be affordable to one-person households, and 1/2 of all one-bedroom units will be affordable to two-person households, or, if adopted as a Council on Affordable Housing (COAH) regulation, all one-bedroom units will be affordable on the basis of an average of 1.5 persons per one-bedroom unit.

(3) One-half of all two bedroom units will be affordable to two-person households, and 1/2 of all two-bedroom units will be affordable to three-person households, or, if adopted as a COAH regulation, all two-bedroom units will be affordable on the basis of an average of three persons per two-bedroom unit.

(4) One-half of all three-bedroom units will be affordable to four-person households and 1/2 of all three-bedroom units will be affordable to five-person households, or, if adopted as a COAH regulation, all three-bedroom units will be affordable on the basis of an average of 4.5 persons per three-bedroom unit.

(5) Median income by household size will be estimated by a regional weighted average of the uncapped Section 8 income limits published by the Department of Housing and Urban Development (HUD) as per N.J.A.C. 5:93-7.4b.

(6) The maximum average rent and price of low- and moderate-income units within each inclusionary development will be affordable to households earning 57.5% of median income.

(7) Moderate-income sales units will be available for at least three different prices, and low-income sales units will be available for at least two different prices.

(8) For both owner-occupied and rental units, the low- and moderate-income units will utilize the same heating source as market units within an inclusionary development.

(9) Low-income units will be reserved for households with a gross household income less than or equal to 50% of the median income approved by COAH; moderate-income units will be reserved for households with a gross household income less than 80% of the median income approved by COAH as per N.J.A.C. 5:93-9.16.

(10) The regulations outlined in N.J.A.C. 5:93-9.15 and 5:93-9.16 will be applicable for purchased and rental units.

E. For rental units:

(1) Developers and/or municipal sponsors may establish one rent for a low-income unit and one for a moderate-income unit for each bedroom distribution.

(2) Gross rents, including an allowance for utilities, will be established so as not to exceed 30% of the gross monthly income of the appropriate household size as per N.J.A.C. 5:93-7.4(a). The utility allowance will be consistent with the utility allowance approved by HUD for use in New Jersey.

F. For sale units:

(1) The initial price of a low- and moderate-income owner-occupied single-family housing unit will be established so that after a down payment of 5%, the monthly principal, interest, homeowners' insurance, property taxes (based on the restricted value of the low- and moderate-income unit) and condominium or homeowner fee do not exceed 28% of the eligible gross monthly income.

(2) Master deeds of inclusionary developments will regulate condominium or homeowner association fees or special assessments of low- and moderate-income purchasers at 100% of those paid by market purchasers. This 100% is consistent with the requirement of N.J.A.C. 5:93-7.4(e). Once established within the master deed, the 100% will not be amended without prior approval from COAH.

(3) The Township of River Vale will follow the general provisions concerning uniform deed restriction liens and enforcement through certificates of occupancy or reoccupancy on sale units as per N.J.A.C. 5:93-9.3.

(4) The Township of River Vale will require a certificate of reoccupancy for any occupancy of a low- or moderate-income sales unit resulting from a resale as per N.J.A.C. 5:93-9.3(c).

(5) Municipal, state, nonprofit and seller options regarding sale units will be consistent with N.J.A.C. 5:93-9.5 through 5:93-9.8. Municipal rejection of repayment options for sale units will be consistent with N.J.A.C. 5:93-9.9.

(6) The continued application of options to create, rehabilitate or maintain low- and moderate-income sale units will be consistent with N.J.A.C. 5:93-9.10.

(7) Eligible capital improvements prior to the expiration of controls on sale units will be consistent with N.J.A.C. 5:93-9-1.1.

(8) The regulations detailed in N.J.A.C. 5:93-9.12 through 5:93-9.14 will be applicable to low- and moderate-income units that are for sale units.

G. In zoning for inclusionary developments, the following is required:

(1) Low- and moderate-income units will be built in accordance with N.J.A.C. 5:93-5.6(d):

	Minimum Percent of Low- and Moderate-Income Units Completed	Percent of Market Housing Units Completed
	0%	25%
	10%	25%, plus 1 unit
	50%	50%
	75%	75%
	100%	90%
		___________
		100

(2) A design of inclusionary developments that integrates low- and moderate-income units with market units is encouraged as per N.J.A.C. 5:93-5.6(e).

H. A development fee ordinance was approved by COAH and adopted by the Township of River Vale on October 28, 1993, as § 142-34 of this chapter.

I. To provide assurances that low- and moderate-income units are created with controls on affordability over time and that low- and moderate-income households occupy these units, the Township of River Vale will designate the Affordable Housing Management Service (AHMS) of the New Jersey Department of Community Affairs with the responsibility of ensuring the affordability of sales and rental units over time. The Affordable Housing Management Service will be responsible for those activities detailed in N.J.A.C. 5:93-9.1(a).

(1) In addition, the Affordable Housing Management Service will be responsible for utilizing the verification and certification procedures outlined in N.J.A.C. 5:93-9.1(b) in placing households in low- and moderate-income units.

(2) Newly constructed low- and moderate-income sales units will remain affordable to low- and moderate-income households for at least 30 years. The Affordable Housing Management Service will require all conveyances of newly constructed units to contain the deed restriction and mortgage lien adopted by COAH and referred to as Appendix E as found in N.J.A.C. 5:93.

(3) Housing units created through the conversion of a nonresidential structure will be considered a new housing unit and will be subject to thirty-year controls on affordability. The Affordable Housing Management Service will require an appropriate deed restriction and mortgage lien subject to COAH's approval.

J. Rehabilitated units (not applicable).

K. Regarding rental units:

(1) Newly constructed low- and moderate-income rental units will remain affordable to low- and moderate-income households for at least 30 years. Affordable Housing Management Service will require an appropriate deed restriction and mortgage lien subject to COAH's approval.

(2) Affordability controls in accessory apartments will be for a period of at least 10 years, except if the apartment is to receive a rental bonus credit pursuant to N.J.A.C. 5:93-5.13, then the controls on affordability will extend for 30 years.

(3) Alternative living arrangements will be controlled in a manner suitable to COAH, that provides assurances that such a facility will house low- and moderate-income households for at least 10 years except if the alternative living arrangement is to receive a rental bonus credit pursuant to N.J.A.C. 5:93-5.13, then the controls on affordability will extend for 30 years.

L. Section 14(b) of the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., incorporates the need to eliminate unnecessary cost-generating features from River Vale's Land Use Ordinances. Accordingly, River Vale will eliminate development standards that are not essential to protect the public welfare, and, to expedite or fast-track municipal approvals/denials on inclusionary development applications, River Vale will adhere to the components of N.J.A.C. 5:93-10.1 through 5:93-10.3.

M. The Township of River Vale has a fair share obligation of 121 units of which 121 is new construction. This ordinance will apply to all developments that contain proposed low- and moderate-income units that are listed below and any future developments that may occur:

	Block	Lot	Location	Acres	Owner
	701	9	Rivervale Road	3.4	Fuji Corp.
	1002	1,10 (part)	Poplar Road	15.4	United Properties Group
	1001.01	1,2,3 (part) 10 (part)	Poplar Road	15.3	United Properties Group
	1001.01	9	Poplar Road	10.8	Pine Lake at River Vale
	2301	10,11	Rivervale Road	1.4	Spectrum for Living

(1) The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of sex, age or number of children, to housing units which are being marketed by a developer/sponsor, municipality and/or designated administrative agency of affordable housing. The plan will address the requirements of N.J.A.C. 5:93-11. In addition, the plan prohibits discrimination in the sale, rental, financing or other services related to housing on the basis of race, color, sex, religion, handicap, age, familial status/size or national origin. The Township of River Vale is in a housing region consisting of Bergen, Passaic, Sussex, and Hudson Counties. The affirmative marketing program is a continuing program and will meet the following requirements: All newspaper articles, announcements and requests for applications for low- and moderate-income units will appear in the following daily regional newspaper: The Record.

(2) The primary marketing will take the form of at least one press release sent to the above publication and a paid display advertisement. Additional advertising and publicity will be on an as-needed basis.

(3) The advertisement will include a description of the:

(a) Street address of units.

(b) Direction to housing units.

(c) Number of bedrooms per unit.

(d) Range of prices/rents.

(e) Size of units.

(f) Income information.

(g) Location of applications, including business hours and where/how applications may be obtained.

(4) All newspaper articles, announcements and requests for applications for low- and moderate-income housing will appear in the following neighborhood oriented weekly newspapers, religious publications and organizational newspapers within the region:

(a) The Record.

(b) Community Life.

(5) The following regional radio and/or cable television station(s) will be used:

(a) Cablevision of New Jersey.

(6) The following is the location of applications, brochures, signs and/or posters used as a part of the affirmative marketing program including specific employment centers within the region:

(a) Municipal Building.

(b) Municipal Library.

(c) Developer's sales office.

(7) Community contact person(s) and/or organizations in Bergen, Passaic, Sussex and Hudson Counties which will aid in the affirmative marketing program with particular emphasis on contacts that will reach out to groups that are least likely to apply for housing within the region will be selected by the Affordable Housing Management Service or with its approval.

(8) Quarterly flyers and applications will be sent to each of the following agencies for publication in their journals and for circulation among their members: Bergen, Passaic, Sussex and Hudson County Board of Realtors in Bergen, Passaic, Sussex and Hudson Counties.

(9) Applications will be mailed to prospective applicants upon request.

(10) Additionally, quarterly informational circulars and applications will be sent to the chief administrative employees of each of the following agencies in the counties or Bergen, Passaic, Sussex and Hudson Counties: Welfare or Social Service Board, Rental Assistance Office (local office of DCA), Office of Aging, Housing Agency or Authority, Library, Area Community Action Agencies.

(11) The selection method that will be used to select occupants of low- and moderate-income housing will be determined by the Affordable Housing Management Service.

(12) The Affordable Housing Management Service is the agency that will be under contract with River Vale to administer the affirmative marketing program. The Affordable Housing Management Service has the responsibility to income-qualify low- and moderate-income households to place income-eligible households in low- and moderate-income units upon initial occupancy; to provide for the initial occupancy of low- and moderate-income units with income-qualified households; to continue to qualify households for reoccupancy of units as they become vacant during the period of affordability controls; to assist with advertising and outreach to low- and moderate-income households; and to enforce the terms of the deed restriction and mortgage loan as per N.J.A.C. 5:93-9.1. The Township Administrator within the Township of River Vale is the designated housing officer to act as liaison to the Affordable Housing Management Service. The Affordable Housing Management Service will provide counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualifications, rental lease requirements and landlord/tenant law. Service providers will be obtained to provide the above services.

(13) Households who live or work in the COAH-established housing region may be given preference for sales and rental units constructed within that housing region. Applicants living outside the housing region will have an equal opportunity for units after regional applicants have been initially serviced. The Township of River Vale intends to comply with N.J.A.C. 5:93-11.7.

(14) All developers of low- and moderate-income housing units will be required to assist in the marketing of the affordable units in their respective developments.

(15) The marketing program will commence at least 120 days before the issuance of either temporary or permanent certificates of occupancy. The marketing program will continue until all low- or moderate-income housing units are initially occupied and for as long as affordable units are deed restricted and occupancy or reoccupancy of units continues to be necessary.

(16) The Affordable Housing Management Service will comply with monitoring and reporting requirements as per N.J.A.C. 5:93-11.6 and 5:93-12.1.

N. Rehabilitation program (not applicable).

O. The following sites have been designated to meet River Vale's inclusionary component outlined in the Housing and Fair Share Plan which was adopted by the Joint Planning Board on October 17, 1994. The following zones are applicable to the designated sites:

	Block	Lot	Location	Acres	Owner	Zone
	701	9	Rivervale Road	3.4	Fuji Corp.	SH
	1002	1.10 (part)	Poplar Road	15.4	United Properties Group	MFAH
	1001.01	1, 2, 3 (part) 10 (part)	Poplar Road	15.3	United Properties Group	MFAH
	1001.01	9	Poplar Road	10.8	Pine Lake at River Vale	MFAH
	2301	10,11	Rivervale Road	1.4	Spectrum for Living	HDD

P. Regional contribution agreements.

(1) In lieu of providing required low- and moderate-income housing units within the development, the developer may voluntarily offer, and the governing body of the Township may accept, prior to the execution of the developer's agreement or by amendment to an existing developer's agreement, cash contributions to a trust fund established and administered by the Township for the purpose of construction and/or rehabilitation of low- and/or moderate-income housing units outside the development site. Such in-lieu contributions may be for up to a maximum of 50% of the developer's low- and moderate-income housing obligation. Such contributions shall not reduce the number of units permitted on the development site.

(2) The amounts of such contributions shall be such agreed sums as fairly reflect the cost to the landowner of the subsidies which would otherwise have been required to implement its set-aside obligation. Calculation of the sum which fairly reflects cost to the landowner of such subsidies shall be determined in accordance with such standards, where applicable, as have been and shall be established by COAH. The timing of payments shall be in accordance with COAH regulations, N.J.A.C. 5:92-11. The total number of contributions shall not exceed the amount necessary to enter into agreements with receiving municipalities to accept 50% of the Township's fair share number as determined by COAH.

§ 142-236 CN Conservation District.

[Added 5-28-1992 by Ord. No. 0-4-92; amended 8-26-1999 by Ord. No. 0-17-99; 11-23-1999 by Ord. No. 0-23-99]

In a CN District, the land shall remain in its natural state and shall not be improved nor disturbed. The only permitted uses in the CN District shall be woodland areas, historic preservation areas, natural areas, open spaces, natural water reserves, nature trails and other similar conservation uses. The Township Council, in its discretion, may allow an area equal to no more than 15% of a Conservation District to be used for passive recreational purposes or, in exceptional cases defined and formally proposed by the Joint Planning Board of the Township of River Vale, the Township Council may affirm by resolution a designated area within the Conservation District for water quality management purposes.

§ 142-236.1 TH-1 Townhome Zone (T.H. Zone).

[Added 3-10-2008 by Ord. No. 192-2008]

A. Definitions. Definitions shall be in accordance with Part 1, Article I, General Provisions, of Chapter 142 of the Township of River Vale Land Use Ordinance, and the following additional definitions shall apply with respect to the additional terms set forth in this section:

AGE-RESTRICTED DWELLING OR UNIT

A townhouse, as hereinafter defined, designated for permanent occupancy by households composed of at least one permanent resident, who is a head of the household and has attained the age of 55 years and in which actual occupancy and use are confined accordingly, consistent with all federal and state standards, laws, rules and regulations.

COMMON RECREATION AREA

One or more parcels of land and/or water within a development site, designed and intended primarily for the use and enjoyment of the residents therein. Such areas may contain such complementary structures and improvements for active or passive recreational pursuits as are necessary and appropriate for the benefit and enjoyment of the residents of the development.

OPEN SPACE

Any parcel or area of land or water essentially unimproved and approved by the Township to be set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land. It may include common recreation areas, fields, woodland areas, parks, playgrounds, golf courses, tennis, squash and similar courts, skiing and skating facilities, nature trails, lakes and swimming pools, camping facilities and other similar open space, including walkways and sidewalks.

PLAN

The written and graphic provisions for development of a development, including a plat of a subdivision; all covenants relating to use, location and bulk of buildings and other structures; intensity of use or density of development; public and private streets, ways and parking facilities; common open space; and public facilities. The phrase "provisions of the plan," when used in this section, shall mean the written and graphic materials referred to in this definition, the developer's agreement, the minutes and resolutions of the Joint Planning Board, the application and the plan itself.

TOWNHOUSE

A building or structure designed for or occupied by no more than one family or household and attached to other similar buildings or structures by not more than two party walls (which shall be of masonry or other approved fire-rated construction) extending from the foundation to the underside of the roof and providing two direct means of access from the outside. Furthermore, each such dwelling unit shall be provided with cooking, sleeping and sanitary facilities for the use of each family or household of the townhouse.

B. Uses. In the TH-1 Townhome Zone (T.H. Zone), only the following uses are permitted:

(1) Townhouses.

(2) COAH units, as set forth below.

(3) Age-restricted units.

(4) When incidental to a primary use within a TH-1, indoor and outdoor common areas, recreational areas, and community facilities provided for the exclusive use of its residents, and subject to the following regulations:

(a) Common recreation areas intended for recreational purposes shall include facilities for active and passive recreation particularly suitable for residents.

(b) Any multipurpose facility shall be designed and equipped to meet the social and recreational needs of the anticipated residents of the TH-1. This may include exercise rooms, hobby and craft rooms, lounge areas, meeting rooms, card rooms, rooms providing support facilities for outdoor recreational facilities or other similar facilities, all as required to meet the needs of the residents.

(c) Attached common garage structures and indoor and/or outdoor areas devoted to off-street parking.

(d) One double-faced ground-type sign identifying the development may be located at each entrance to said development provided such sign meets all the requirements of Article LIII of this Code, with the following exception:

[1] Any such sign located within the TH-1 is limited to 18 square feet in area on each side and is mounted no greater than four feet above finished grade on a freestanding wall or a structure not exceeding six feet in height above the ground level. The design, location and landscaping of such sign shall be as approved by the Joint Planning Board.

(5) Open space.

C. Requirements for TH-1 Townhome Zone (T.H. Zone).

(1) Use and occupancy restrictions.

(a) Principal permitted uses. Except as otherwise set forth below in Subsection C(1)(d), COAH obligations, and Subsection C(1)(e), Age-restricted housing obligations, principal permitted uses in a T.H. Zone shall include one or more multifamily residential buildings with said dwelling units specifically designed and intended for and limited to occupancy for residential purposes only.

(b) Bedroom distribution for fair-market units. Except with respect to affordable housing units as set forth below in Subsection C(1)(d) and age-restricted housing units as set forth in Subsection C(1)(e), every development in the T.H. Zone shall establish a distribution for the number of bedrooms such that: a minimum of 40% shall be one-bedroom units; up to 60% may contain two-bedrooms; and no more than two units shall be three-bedroom units. Except with respect to affordable housing units as set forth in Subsection C(1)(d) and age-restricted housing units as set forth in Subsection C(1)(e), through its corporation, association or owners, the land and buildings in any T.H. Zone shall be restricted, by bylaws, rules, regulations and restrictions of record, to the preceding restrictions on bedroom distribution.

(c) Federal Fair Housing Act. The T.H. Zone shall comply with all applicable requirements of the Federal Fair Housing Act and all amendments thereto, except as noted above, and all applicable rules and regulations of the U.S. Department of Housing and Urban Development (HUD) regarding such use, ownership and occupancy and shall further comply with all applicable HUD rules and regulations for self-certification of compliance with the Act and with HUD's rules and regulations.

(d) COAH obligations. Notwithstanding anything herein to the contrary, any development consisting of more than five units in the T.H. Zone shall comply with the standards and procedures set forth below relating to affordable housing requirements of N.J.A.C. 5:94 and 5:95 and N.J.A.C. 5:80-26, which contain COAH's Round 3 substantive and procedural rules, as amended and/or revised ("COAH obligations"). All residential developers in T.H. Zone building more than five units must meet the requirements of the affordable housing obligation set forth below. No division, site plan approval or building permit shall be granted to a developer having an affordable housing obligation pursuant to this section unless the developer participates in the production of affordable housing pursuant to this article.

[1] Minimum phasing schedule. Any developments consisting of more than five units in the T.H. Zone shall contain a minimum percentage of 20% of affordable housing units on the property. By way of example, in the event a developer was to construct a total of 59 housing units on the property, 12 such housing units must be affordable housing. All affordable housing units shall be distributed throughout the T.H. Zone in a spatially even manner.

[2] Certificates of occupancy. Certificate of occupancy for the remaining free-market units shall not be issued unless the developer has obtained certificates of occupancy for the affordable units in compliance with the above schedule.

[3] Cash contribution alternatives. No cash contribution alternative will be accepted in lieu of construction of the required affordable housing.

[4] Affordable Housing Official. The Township may appoint an Affordable Housing Official who will be responsible for monitoring and implementing the provisions of this article and assuring that the affordable units remain affordable to affordable households. No certificate of occupancy shall be issued for an affordable unit without the written approval of the Township or the Affordable Housing Official. Such approval shall be denied unless the unit is subject to an individual or master deed containing a covenant running with the land which assures that the unit will remain affordable to affordable households for a period of at least the minimum required by COAH.

[5] Sales, etc. No affordable unit shall be sold or resold, rented or rerented without the written approval of the Township or the Affordable Housing Official. In order to obtain such approval, the seller or lessor shall be required to demonstrate that the proposed sale or lease complies in all respects with the provisions of this article and COAH obligations.

[6] Pricing of units. Every development subject to the requirements of this article shall contain a number of low- and moderate-income units consistent with COAH obligations. All units subject to the requirement of this section shall be subject to price stratifications as set forth in the COAH obligations. Pricing of units shall be stratified to insure that there are a variety of sales prices or, as the case may be, rental rates pursuant to N.J.A.C. 5:80-26, as amended or revised.

[a] Rents or sale prices of units shall be established in accordance with the uniform affordability controls set forth in N.J.A.C. 5:80-26.

[b] In establishing prices and rents, the uniform housing affordability controls rely on the regional income limits determined as follows:

[i] Median income by household size shall be established by a regional weighted average of the uncapped Section 8 income limits published by HUD. To compute this regional income limit, the HUD determination of median county income for a family of four is multiplied by the estimated households within the county. The resulting product for each county within the housing region is summed. The sum is divided by the estimated total households in each housing region. This quotient represents the regional weighted average of median income for a household of four. This regional weighted average is adjusted by household size based on multipliers used by HUD to adjust median income by household size.

[ii] The price and rent of low- and moderate-income units may be increased annually based on the percentage increase in the Housing Consumer Price Index for the United States. This increase shall not exceed 9% in any one year. Rents for units constructed pursuant to low-income tax credit regulations shall be indexed pursuant to the regulations governing low-income tax credits.

[7] Bedroom distribution. Every development subject to the requirements of this article shall establish a distribution for the number of bedrooms in the affordable units in accordance with the uniform affordability controls set forth in N.J.A.C. 5:80-26, as amended or revised.

[8] Affirmative marketing program. Every development subject to the requirements of this article shall submit an affirmative marketing program designed to disseminate information regarding the availability of affordable income units. The affirmative marketing process for available affordable units shall begin at least four months prior to expected occupancy. Advertising and outreach shall take place during the first week of the marketing program and each month thereafter until all available units have been leased or sold. The program shall include at least the following:

[a] One advertisement will be published in at least the following newspaper(s) [and any other newspaper(s) deemed necessary by the Township] of general circulation (or at the within the housing region):

[i] The Record.

[ii] Community Life.

[b] The advertisement will include the following:

[i] The location of the units;

[ii] Directions to the housing units;

[iii] A range of prices for the housing units;

[iv] The size, as measured in bedrooms, of the housing units;

[v] The maximum income permitted to qualify for the housing units;

[vi] The business hours when interested households may obtain an application for a housing unit; and

[vii] Application fees, if any.

[c] One advertisement will be broadcasted on the following regional radio and/or cable television station(s) (and any other such station deemed necessary by the Township):

[i] Cablevision of New Jersey.

[d] Additionally, all newspaper articles, announcements and requests for applications for low- and moderate-income housing will appear in at least the following (and any other such newspapers deemed necessary by the Township):

[i] The Record.

[ii] Community Life.

[e] Applications will be mailed to prospective applicants upon request.

[f] The following is the location of applications, brochure(s), sign(s), and/or poster(s) currently used as part of the affirmative marketing program:

[i] The county administrative building and/or the county library for each county within the housing region;

[ii] The municipal administrative building(s) and the municipal library;

[iii] The developer's sales/rental office.

[g] The following is a current list of community and regional organizations that will aid in soliciting low- and moderate-income applicants:

[i] Religious groups.

[ii] Tenant organizations.

[iii] Civic organizations.

[h] The following is a description of the random selection method that will be used to select occupants of low- and moderate-income housing: Each applicant upon submission of an application will be designated a number. Two categories will be created: one for low-income households and one for moderate-income households. A blind drawing will be undertaken: one each for low- and moderate-income households who are eligible for the specific affordable units.

[i] A waiting list of all eligible candidates will be maintained in accordance with the provisions contained in N.J.A.C. 5:80-26 et seq.

[j] Households who live or work in Housing Region 1 shall be given preference for sales and rental units constructed within this housing region. Applicants living outside this housing region will have an equal opportunity for units after regional applicants have been initially serviced.

(e) Age-restricted housing obligations. Notwithstanding anything herein to the contrary, any development consisting of more than five units in the T.H. Zone shall comply with the standards and procedures set forth below relating to age-restricted housing obligations. All residential developers in the T.H. Zone building more than five units must meet the requirements of the age-restricted housing obligation set forth below. No division, site plan approval or building permit shall be granted to a developer having an affordable housing obligation pursuant to this section unless the developer participates in the production of age-restricted housing pursuant to this article.

[1] Minimum phasing schedule. Any developments consisting of more than five units in the T.H. Zone shall contain a minimum percentage of 16% of age-restricted housing units on the property. By way of example, in the event a developer was to construct a total of 59 housing units on the property, 10 such housing units must be age-restricted housing. All age-restricted housing units shall be placed together as a separate unit within the T.H. Zone.

[2] Use and occupancy restrictions applicable to age-restricted housing.

[a] Principal permitted uses for the age-restricted housing units shall include one or more multifamily residential buildings with said dwelling units specifically designed and intended for and limited to occupancy by households composed of at least one permanent resident 55 years of age or older and with children under the age of 19 being expressly prohibited.

[b] Through its corporation, association or owners, the land and buildings for the age-restricted housing units shall be restricted, by bylaws, rules, regulations and restrictions of record, to permanent use and occupancy by persons of 55 years of age or older, subject to the following exceptions, consistent with the requirements of the Federal Fair Housing Act, as amended; all units shall meet the age requirements herein:

[i] A spouse or other person under the age of 55 years who is residing with a person who is 55 years of age or over and qualified to reside in the unit may reside in the age-restricted housing.

[ii] An adult under 55 years of age may reside in a unit in the age-restricted housing if it is established that the presence of such person is essential to the physical care of one or more of the occupants of the same unit who are qualified to reside in the unit. A certified letter from a medical doctor must be provided indicating the necessity of such care.

[iii] Children over the age of 19 shall be permitted to reside in the same unit with a parent if the parent is 55 years of age or over and qualified to reside in the age-restricted housing unit.

[c] The age-restricted housing shall comply with all applicable requirements of the Federal Fair Housing Act and all amendments thereto, except as noted above, and all applicable rules and regulations of the U.S. Department of Housing and Urban Development (HUD) regarding such use, ownership and occupancy and shall further comply with all applicable HUD rules and regulations for self-certification of compliance with the Act and with HUD's rules and regulations. The residency restriction applicable to the development may be reviewed by the Township Attorney for compliance with the Federal Fair Housing Act.

(2) Area and density requirements. The following requirements shall apply to any tract proposed for T.H. Zone development:

(a) Minimum tract area. There shall be a minimum tract area of five acres having a minimum road frontage of 200 feet.

(b) Maximum density and number of units. There shall be no more than 15 dwelling units per gross lot acre within the T.H. Zone and a maximum of 59 dwelling units per development.

(c) Maximum building coverage. The total ground floor area of all buildings, including accessory buildings and common garages, shall not exceed 40% of the gross tract area.

(d) Maximum impervious coverage. The total coverage of the tract by all buildings, paved or other hard surfaces (including brick pavers and/or loose-placed stone patios) and parking areas, but excluding drainage structures and detention and retention basins, shall not exceed 65% of the gross tract area (such calculation to include all open space included in the proposed site plan).

(3) Setback and height requirements. The following setback and height requirements shall apply to the development of the T.H. Zone:

(a) Limiting schedule.

	Limit		Setback
	Minimum front setback (feet)		10; or 30 feet if adjacent to a county road
	Minimum side yard setback (feet)		10; or 30 feet if adjacent to a county road
	Minimum rear yard setback (feet)		10; or 30 feet if adjacent to a county road
	Minimum distance between buildings		10 feet, subject to public safety issues as determined in good faith by the Joint Planning Board
	Maximum building height		3 stories or 35 feet (whichever is less)
	Minimum buffers
		To adjacent single-family lot (feet)	25 feet
		To adjacent commercial lot (feet)	10 feet

(b) (Reserved)

(c) Lot depth. The minimum lot depth shall be 200 feet.

(d) Balcony projections into required yard. Only one balcony per unit located either in the rear yard or side yard in the T.H. Zone shall be permitted. No balcony shall project greater than five feet into the minimum rear yard or side yard.

(4) Amenities.

(a) The T.H. Zone may include indoor and outdoor common areas, recreational areas and community facilities provided for the exclusive use of its residents.

(b) Areas intended for recreational purposes shall include facilities for active and passive recreation particularly suitable for residents.

(c) Any multipurpose facility shall be designed and equipped to meet the social and recreational needs of the anticipated residents of the T.H. Zone. This may include exercise rooms, hobby and craft rooms, lounge areas, meeting rooms, card rooms, rooms providing support facilities for outdoor recreational facilities or other similar facilities, all as required to meet the needs of the residents.

(d) Elevators shall be provided as required by the Uniform Construction Code, although one elevator may service more than one building where buildings are separated by fire walls but are otherwise interconnected.

(5) Roadways and parking standards.

(a) The requirements of the Residential Site Improvement Standards (RSIS) shall apply to the development of the T.H. Zone.

(b) Private streets and roadways shall be permitted within the T.H. Zone and shall be designed and constructed in accordance with the River Vale Development Ordinance and the RSIS standards, where applicable.

(c) All requirements of the River Vale Land Development Ordinance relating to parking lot design, except as otherwise regulated herein or superseded by the RSIS, shall be applicable to the T.H. Zone. All driveways for each unit shall be a minimum in length to accommodate an oversized vehicle (i.e., a van or SUV), while leaving at least two feet between the front of the vehicle and the garage for such unit.

(d) No overnight parking of recreational or commercially registered vehicles and no parking of used vehicles, mobile homes, trailers or boats shall be permitted on the site.

(e) Garaged parking spaces shall be a minimum of nine feet wide and 18 feet long.

(f) Parking spaces or driveways serving individual dwelling units shall not be entered directly from any street not created by the development plan. This shall not preclude driveways and parking spaces being accessed from interior development streets within the T.H. Zone tract. Parallel parking along interior development streets within the T.H. Zone tract shall be permitted consistent with the RSIS and local emergency services recommendations.

(g) There shall be a minimum of 1.75 parking spaces for each residential unit containing one bedroom, a minimum of two parking spaces for each residential unit containing two or three bedrooms and a minimum of the greater of RSIS standards or 0.3 guest parking space for each residential unit.

(6) Buffer and landscaping.

(a) Tree restitution and reforestation shall be in accordance with Part 6, Article XXXVII, of the Township of River Vale Land Use Ordinance. Shade trees and other landscaping shall be provided in all site plans where deemed appropriate by the Joint Planning Board. All shade trees shall have a minimum diameter of three inches measured three feet above the ground and all landscaped plants shall be of various species approved by the approving authority. Trees shall be planted not less than 30 feet to 50 feet apart and parallel to, but no more than 10 feet from, the curbline and shall be balled and burlapped, nursery grown, free from insects and disease and true species and variety. Stripping trees from a lot or filling around tree driplines on a lot shall not be permitted unless it can be shown that grading requirements necessitate removal of trees, in which case those lots shall be replanted with trees to reestablish the character of the area and to conform to adjacent lots. Dead or dying trees shall be replaced by the developer during the next recommended planting season. Parking lots shall be planted as required below.

(b) With respect to any subject site in the T.H. Zone which has a property line bordering a county road, a soil berm of at least four feet high and 10 feet wide (or such reasonable alternative as determined by the Joint Planning Board) shall be installed within the setback area along the length of the property line bordering such county road and parallel to but no more than 10 feet from the curbline or such reasonable alternatives as determined by the Joint Planning Board. A staggered row of coniferous trees (or reasonable alternatives as determined by the Joint Planning Board) having a height of at least 10 feet (measured from the base of each tree) shall be installed on such berm. Such trees shall be located to create an unbroken visual screen and to otherwise maximize the visual screening of the development on the subject site from any county road.

(c) A landscape plan prepared by a certified landscape architect, certified by the New Jersey Board of Landscape Architects, or other qualified individual, shall be submitted with each site plan application for approval by the Joint Planning Board, in its reasonable discretion. Landscaping shall be provided to promote a desirable visual environment, screen parking and loading areas, provide windbreaks for winter winds and summer cooling for buildings, streets and parking, and to mitigate adverse visual impacts. Landscaping shall include a year-round visual screening landscape buffer.

(d) Minimum landscaping standards in parking areas shall be provided as follows:

[1] Landscaped strips of a minimum four feet in width shall be provided between all parking lots and property lines, and a minimum ten-foot landscaped strip shall be provided between all buildings and property lines.

[2] Landscaped areas should be located in protected areas such as along walkways, in center islands, or at the end of parking bays and shall be distributed throughout the parking area to mitigate the view of the parked vehicles without interfering with adequate sight distance for vehicles or pedestrians. The landscaping shall consist of hardy, low-maintenance varieties of trees, and shrub plantings, as well as trees of a minimum eight feet in height.

[3] One shade tree, with a minimum diameter of three inches measured three feet above the ground, shall be provided for every five parking spaces. Trees shall be staggered and/or spaced so as not to interfere with driver vision and shall have branches no lower than six feet.

[4] All landscaping and plantings shall be maintained continually in accordance with provisions of the site plan approval for the development. Plantings which do not live shall be replaced within six months, but no longer than the next growing season. Notwithstanding this provision, all applicants must continually meet the provisions of site plan approval with respect to the maintenance of landscape plans.

(7) Utilities. All utilities within the development shall be placed underground from the service point locations surrounding the site.

(8) Other improvements and design standards. The development plan for the site, its developed facilities and the interior of residential units in the T.H. Zone must be specifically designed in accordance with all applicable building codes of the State of New Jersey.

(a) Each development in the T.H. Zone shall have an architectural theme with variations in design to provide harmonious, theme-related earthtone colors in the style and architectural character commonly referred to as Early Colonial, New England Colonial Georgian, Federal, Queen Anne or Jeffersonian. Landscape plantings, building orientation on the lot, topography, natural features and building design shall all be considered for the total T.H. Zone development. Staggering unit setbacks, utilizing different exterior materials, changing rooflines and roof designs, altering building heights and types of windows, shutters, doors and facade orientation, and other creative design techniques are encouraged and will be considered by the Joint Planning Board during its review process. The applicant shall provide building elevation renderings to show that a minimum of 30% of the exterior of each building is comprised of a brick, stone material, or a differential material composition than the balance of the building.

(b) Each dwelling unit shall be equipped with central-heating and air-conditioning systems with independent controls for each.

(c) Each dwelling unit shall contain plumbing and gas or electric connections for a clothes washer and dryer.

(d) Each dwelling unit shall contain sprinkler systems for fire prevention and risk reduction. Smoke alarms shall be installed in each dwelling unit in the T.H. Zone in accordance with the requirements of the Uniform Construction Code (N.J.S.A. 52:27D-119).

(e) Each occupant shall be responsible for the disposal of household garbage, recyclable materials and refuse as required in other residential districts; provided, however, that a homeowners' association may assume the responsibility to arrange for the disposal of the solid waste and recyclables produced within the T.H. Zone in accordance with applicable municipal codes.

(f) A safe and convenient system of walkways accessible to all occupants shall be provided within the development, and along all public roadways and publicly owned driveways. The site plan shall show the locations of all pedestrian walkways and sidewalks (which shall be continuous throughout the development per the RSIS), and be in accordance with the RSIS.

(g) Lighting.

[1] Lighting plans for the entire development shall be submitted with the site application. Artificial lighting shall be provided along all walks and interior roads and driveways and in all off-street parking areas, depending upon anticipated nighttime use, with sufficient illumination for the safety and convenience of the residents. The source of lighting shall be directed downward, away from buildings and adjoining streets and property lines. Lighting fixtures shall be so arranged that the direct source of light is not visible from any adjacent residential area.

[2] Light fixtures shall not be greater in height than 20 feet and shall be aimed and shielded in a manner that shall not direct illumination on adjacent lands. Fixtures should be of the cut-off type to prevent glare from normal viewing angles and represent an architectural "period" or theme consistent with building exteriors. Illumination levels shall average not more than one footcandle over the site, and at no point shall they exceed 3.5 footcandles. Lighting shall provide a minimum uniformity ratio of 20:1 (maximum:minimum) on all paved surfaces used for motor vehicles.

[3] Lighting plans shall include photometric data, color rendering index (CRI) of all lamps (bulbs), and other descriptive information on the fixtures, and if applicable or required, designation as Illuminating Engineering Society of North America (IESNA) "cut-off” fixtures.

[4] Computer-generated photometric grid showing footcandle readings every 10 feet within the property or site, and 10 feet beyond the property lines at a scale consistent with site plans. Iso-footcandle contour-line-style plans are also acceptable.

[5] Fixtures used to accent architectural features, materials, colors, style of buildings, or art shall be located, aimed and shielded so that light is directed only on those features. Such fixtures shall be aimed or shielded so as to minimize light spill into the dark night sky. The maximum illumination of any vertical surface or angular roof surface in dark surroundings shall not exceed three footcandles.

[6] Flags of the United States or New Jersey State may be illuminated from below provided such lighting is focused primarily on the individual flag or flags so as to limit light trespass and spill into the dark night sky.

(h) On-site security and maintenance service systems may be provided in the T.H. Zone.

(9) Ownership and management of common areas, elements and open space.

(a) A homeowners' association or condominium association shall be established to provide and maintain all common areas, elements and open space for the benefit of residents of the development. Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise (except to an organization conceived and established to own and maintain the open spaces for the benefit of such development), without first offering to dedicate the same to the Township of River Vale or other government agency.

(b) The regulations of N.J.S.A. 40:55D-43b and c shall be applicable to the maintenance of the open space.

(c) If any open space, easements or common areas on the tract are dedicated to and accepted by the Township, the area of such portions of the tract shall nonetheless be included in calculating the permitted density of the development.

(d) As a condition of the approval of a proposed development, the Joint Planning Board shall require of the organization established or to be established to own and/or maintain common open space, any other common areas or elements, or the structures located within the development, that it adopt certain binding rules and regulations or bylaws with respect to ensuring the objectives and purposes of reasonable maintenance. If, as a condition of Joint Planning Board approval, certain provisions are required to be included within the rules and regulations or bylaws, such provisions shall not be changed without the prior approval of the Joint Planning Board.

(e) A homeowners' association or condominium association shall be established to provide and maintain the continual operation of all stormwater management devices and systems within the development.

(10) Conditions of preliminary approval. As a condition of preliminary approval of the development, the Board may provide for final approval of the plan and construction of the project in whole or in one or more sections or stages.

§ 142-236.2 Affordable Housing Zone (AH-1).

[Added 5-23-2011 by Ord. No. 249-2011]

A. Purpose. The purpose of this district is to provide for the production of rental age-restricted low- and moderate-income housing in conformance with the latest procedural and substantive rules of the New Jersey Council on Affordable Housing (COAH) and as part of a comprehensive plan. The comprehensive plan will permit the affordable housing development in conjunction with the subdivision of an additional residential lot, which will facilitate the development of the affordable housing. The rental age-restricted affordable housing development will be located on the northern area of the property. The residential lot to be subdivided will be located on the southern section of the total tract.

[Amended 9-24-2012 by Ord. No. 263-2012]

B. Permitted principal uses. Within the AH-1 Zone, the following uses are permitted:

(1) Age-restricted multifamily affordable housing development: one/more building(s) containing rental residential apartment units that are affordable pursuant to the rules and regulations of the New Jersey Council on Affordable Housing (COAH). The building(s) shall contain a one-bedroom apartment and office space for a Building Supervisor. The Building Supervisor's apartment shall neither be affordable nor age-restricted. Except for the Building Supervisor's apartment, all units shall be affordable and age-restricted dwelling units for households aged 62 and under as defined herein. Also known as an "affordable housing development."

(2) Single-family detached dwellings: for future lot(s) to be subdivided.

[Amended 9-24-2012 by Ord. No. 263-2012]

C. Permitted accessory uses for age-restricted multifamily affordable housing development in the AH-1 Affordable Housing Zone:

(1) Attached common garage structures and indoor and/or outdoor areas devoted to off-street parking.

(2) One double-faced ground-type sign identifying the development may be located at each entrance to said development, provided such sign meets all the requirements of Article LIII of this Code, with the following exception:

(a) Any such sign located within the AH-1 is limited to 18 square feet in area on each side and is mounted no greater than four feet above finished grade on a freestanding wall or a structure not exceeding six feet in height above the ground level. The design, location and landscaping of such sign shall be as approved by the Joint Planning Board.

(b) The sign shall only be externally illuminated, but illumination shall not spill onto, or the light source be visible from, adjacent dwellings.

D. Requirements for age-restricted multifamily affordable housing development in the AH-1 Affordable Housing Zone.

(1) Use and occupancy restrictions:

(a) All units within the age-restricted multifamily affordable housing development located in the AH-1 shall be age-restricted units as defined in § 142-3 and affordable pursuant to New Jersey Council on Affordable Housing (COAH) rules.

(b) Federal Fair Housing Act. The age-restricted multifamily affordable housing development in the AH-1 Zone shall comply with all applicable requirements of the Federal Fair Housing Act and all amendments thereto, except as noted above, and all applicable rules and regulations of the United States Department of Housing and Urban Development (HUD) regarding such use, ownership and occupancy and shall further comply with all applicable HUD rules and regulations for self-certification of compliance with the Act and with HUD's rules and regulations.

(c) Affordable Housing Official. The Township may appoint an Affordable Housing Official who will be responsible for monitoring and implementing the provisions of this section and assuring that the affordable units remain affordable to affordable households. No certificate of occupancy shall be issued for an affordable unit without the written approval of the Township or the Affordable Housing Official. Such approval shall be denied unless the unit is subject to an individual or master deed containing a covenant running with the land which assures that the unit will remain affordable to affordable households for a period of at least the minimum required by COAH.

(d) Rentals and sales.

[1] No affordable unit shall be rented or rerented without the written approval of the Township or the Affordable Housing Official. In order to obtain such approval, the seller or lessor shall be required to demonstrate that the proposed sale or lease complies in all respects with the provisions of this article and COAH obligations.

[2] Rents or sale prices of affordable units shall be established in accordance with the Uniform Affordability Controls set forth in N.J.A.C. 5:80-26.

[3] In establishing prices and rents, the Uniform Housing Affordability Controls rely on the regional income limits determined as follows:

[a] Median income by household size shall be established by a regional weighted average of the uncapped Section 8 income limits published by HUD. To compute this regional income limit, the HUD determination of median county income for a family of four is multiplied by the estimated households within the county. The resulting product for each county within the housing region is summed. The sum is divided by the estimated total households in each housing region. This quotient represents the regional weighted average of median income for a household of four. This regional weighted average is adjusted by household size based on multipliers used by HUD to adjust median income by household size.

[b] The price and rent of low- and moderate-income units may be increased annually based on the percentage increase in the Housing Consumer Price Index for the United States. This increase shall not exceed 9% in any one year. Rents for units constructed pursuant to low-income tax credit regulations shall be indexed pursuant to the regulations governing low-income tax credits.

(e) Affirmative marketing program. Every approved age-restricted multifamily affordable housing development subject to the requirements of this article shall be affirmatively marketed in conformance with the Township of River Vale's Affirmative Marketing Plan approved by COAH. Every approved age-restricted multifamily affordable housing development subject to the requirements of this article shall submit an affirmative marketing program designed to disseminate information regarding the availability of affordable income units. The affirmative marketing process for available affordable units shall begin at least four months prior to expected occupancy. Advertising and outreach shall take place during the first week of the marketing program and each month thereafter until all available units have been leased or sold. The program shall include at least the following:

[1] One advertisement will be published in at least the following newspapers, and any other newspapers, deemed necessary by the Township, of general circulation at or within the housing region:

[a] The Record.

[b] Community Life.

[2] The advertisement will include the following:

[a] The location of the units;

[b] Directions to the housing units;

[c] A range of prices for the housing units;

[d] The size, as measured in bedrooms, of the housing units;

[e] The maximum income permitted to qualify for the housing units;

[f] The business hours when interested households may obtain an application for a housing unit; and

[g] Application fees, if any.

[3] One advertisement will be broadcasted on the following regional radio and/or cable television station and any other such station deemed necessary by the Township:

[a] Cablevision of New Jersey.

[4] Additionally, all newspaper articles, announcements and requests for applications for low- and moderate-income housing will appear in at least the following and any other such newspapers deemed necessary by the Township:

[a] The Record.

[b] Community Life.

[5] Applications will be mailed to prospective applicants upon request.

[6] The following is the location of applications, brochure(s), sign(s), and/or poster(s) currently used as part of the affirmative marketing program:

[a] The county administrative building and/or the county library for each county within the housing region;

[b] The municipal administrative building(s) and the municipal library;

[c] The developer's sales/rental office.

[7] The following is a current list of community and regional organizations that will aid in soliciting low- and moderate-income applicants:

[a] Religious groups.

[b] Tenant organizations.

[c] Civic organizations.

[8] The following is a description of the random selection method that will be used to select occupants of low- and moderate-income housing:

[a] Each applicant upon submission of an application will be designated a number. Two categories will be created: one for low-income households and one for moderate-income households. A blind drawing will be undertaken: one each for low- and moderate-income households who are eligible for the specific affordable units.

[b] A waiting list of all eligible candidates will be maintained in accordance with the provisions contained in N.J.A.C. 5:80-26 et seq.

[c] Households who live or work in Housing Region 1 shall be given preference for sales and rental units constructed within this housing region. Applicants living outside this housing region will have an equal opportunity for units after regional applicants have been initially serviced.

(2) Age-restricted multifamily affordable housing development use and occupancy restrictions.

(a) All age-restricted multifamily affordable residential units within the AH-1 Zone shall be specifically designed and intended for and limited to occupancy by households composed of at least one permanent resident 62 years of age or older and with children under the age of 19 being expressly prohibited.

(b) Through its corporation, association or owners, the land and buildings for the affordable housing development shall be restricted, by bylaws, rules, regulations and restrictions of record, to permanent use and occupancy by persons of 62 years of age or older, subject to the following exceptions, consistent with the requirements of the Federal Fair Housing Act, as amended; all units shall meet the age requirements herein.

(c) A spouse or other person under the age of 62 years who is residing with a person who is 62 years of age or over and qualified to reside in the unit may reside in the age-restricted housing unit.

(d) An adult under 62 years of age may reside in a unit in the age-restricted housing if it is established that the presence of such person is essential to the physical care of one or more of the occupants of the same unit who are qualified to reside in the unit. A certified letter from a licensed medical doctor must be provided indicating the necessity of such care.

(e) Children over the age of 19 shall be permitted to reside in the same unit with a parent if the parent is 62 years of age or over and qualified to reside in the age-restricted housing unit.

(f) The age-restricted housing shall comply with all applicable requirements of the Federal Fair Housing Act and all amendments thereto, except as noted above, and all applicable rules and regulations of the United States Department of Housing and Urban Development (HUD) regarding such use, ownership and occupancy and shall further comply with all applicable HUD rules and regulations for self-certification of compliance with the Act and with HUD's rules and regulations. The residency restriction applicable to the development may be reviewed by the Township Attorney for compliance with the Federal Fair Housing Act.

E. Age-restricted multifamily affordable housing development area and density requirements. The following requirements shall apply to any affordable housing development proposed for the AH-1 Zone:

(1) Minimum tract area. There shall be a minimum tract area of three acres.

(2) Maximum density and number of units. There shall be no more than 15 dwelling units per gross lot acre within the AH-1 Zone.

[Amended 9-24-2012 by Ord. No. 263-2012]

(3) Maximum building coverage: 10% of gross lot area, including any road widening or utility easements.

(4) Maximum impervious coverage: 30% of gross lot area, including any road widening or utility easements.

F. Age-restricted multifamily affordable housing development setback and height requirements. The following setback and height requirements shall apply to any affordable housing development proposed for the AH-1 Zone:

(1) Limiting schedule.

(a) Minimum front setback: 60 feet.

(b) Minimum side yard setback: 25 feet.

(c) Minimum rear yard setback: 40 feet.

(d) Maximum building height: 2 1/2 stories or 35 feet within 150 feet of front lot line; 3 1/2 stories or 45 feet for balance of lot.

[Amended 9-24-2012 by Ord. No. 263-2012]

(2) Lot depth. The minimum lot depth shall be 200 feet taken parallel to the side lot lines.

(3) Lot width and frontage: 100 feet.

G. Single-family dwelling. Area, bulk, setback and yard requirements: same as the A Residential Zone, except that a minimum lot width and frontage of 100 feet shall be permitted.

H. Age-restricted multifamily affordable housing development amenities.

(1) Age-restricted multifamily affordable housing development in the AH-1 Zone may include indoor and outdoor common areas, recreational areas and community facilities provided for the exclusive use of its residents.

(2) Areas intended for recreational purposes shall include facilities for active and passive recreation particularly suitable for residents.

(3) Any multipurpose facility shall be designed and equipped to meet the social and recreational needs of the anticipated residents of the AH-1 Zone. This may include exercise rooms, hobby and craft rooms, lounge areas, meeting rooms, card rooms, rooms providing support facilities for outdoor recreational facilities or other similar facilities, all as required meeting the needs of the residents.

(4) Elevators shall be provided as required by the Uniform Construction Code.

I. Age-restricted multifamily affordable housing development roadways and parking standards.

(1) All requirements of the River Vale Land Development Ordinance relating to parking lot design shall be applicable to an age-restricted multifamily affordable housing development in the AH-1 Zone.

(2) No parking of recreational or commercially registered or used vehicles, mobile homes, trailers or boats shall be permitted on the site.

(3) There shall be a minimum of one parking space for every two residential units for the entire affordable housing development.

[Amended 9-24-2012 by Ord. No. 263-2012]

(4) Landscaping in parking areas shall be provided as follows:

(a) Landscaped strips of a minimum four feet in width shall be provided between all parking lots and property lines, and a minimum ten-foot landscaped strip shall be provided between all buildings and property lines.

(b) Landscaped areas should be located in protected areas, such as along walkways, in center islands, or at the end of parking bays, and shall be distributed throughout the parking area to mitigate the view of the parked vehicles without interfering with adequate sight distance for vehicles or pedestrians. The landscaping shall consist of hardy, low maintenance varieties of trees, and shrub plantings, as well as trees of a minimum eight feet in height.

(c) One shade tree with a minimum diameter of three inches measured three feet above the ground shall be provided for every five parking spaces. Trees shall be staggered and/or spaced so as not to interfere with driver vision and shall have branches no lower than six feet.

(d) All landscaping and plantings shall be maintained continually in accordance with provisions of the site plan approval for the development. Plantings which do not live shall be replaced within six months, but no longer than the next growing season. Notwithstanding this provision, all applicants must continually meet the provisions of site plan approval with respect to the maintenance of landscape plans.

J. Age-restricted multifamily affordable housing development utilities. All utilities within the affordable housing development shall be placed underground from the service point locations surrounding the site.

K. Age-restricted multifamily affordable housing development other improvements and design standards.

(1) The development plan for the site, its developed facilities and the interior of residential units in the AH-1 Zone must be specifically designed in accordance with all applicable building codes of the State of New Jersey.

(2) Lighting plans for the entire development shall be submitted with the site application. Artificial lighting shall be provided along all walks and interior roads and driveways and in all off-street parking areas, depending upon anticipated nighttime use, with sufficient illumination for the safety and convenience of the residents. The source of lighting shall be directed downward, away from buildings and adjoining streets and property lines. Lighting fixtures shall be so arranged that the direct source of light is not visible from any adjacent residential area.

(3) Light fixtures shall not be greater in height than 15 feet and shall be aimed and shielded in a manner that shall not direct illumination on adjacent lands. Fixtures should be of the cut-off type to prevent glare from normal viewing angles and represent an architectural "period" or theme consistent with building exteriors. Maintained illumination levels shall average not more than one footcandle over the site, and at no point shall they exceed 3 1/2 footcandles. Lighting shall provide a minimum uniformity ratio of 20:1 (maximum:minimum) on all paved surfaces used for motor vehicles.

(4) Lighting plans shall include photometric data, color rendering index (CRI) of all lamps, and other descriptive information on the fixtures, and, if applicable or required, designation as Illuminating Engineering Society of North America (IESNA) "cut-off" fixtures.

(5) Computer-generated photometric grid showing footcandle readings every 10 feet within the property or site, and 10 feet beyond the property lines at a scale consistent with site plans. Iso-footcandle contour line style plans are also acceptable.

(6) Fixtures used to accent architectural features, materials, colors, style of buildings, or art shall be located, aimed and shielded so that light is directed only on those features. Such fixtures shall be aimed or shielded so as to minimize light spill into the dark night sky. The maximum illumination of any vertical surface or angular roof surface in dark surroundings shall not exceed three footcandles.

(7) Flags of the United States or New Jersey State may be illuminated from below, provided such lighting is focused primarily on the individual flag or flags so as to limit light trespass and spill into the dark night sky.

L. Age-restricted multifamily affordable housing development ownership and management of common areas, elements and open space. If any open space, easements or common areas on the tract are dedicated to and accepted by the Township, the area of such portions of the tract shall nonetheless be included in calculating the permitted density of the development.

M. Age-restricted multifamily affordable housing development conditions of preliminary approval. As a condition of preliminary approval of the plan, the Board may provide for final approval of the plan and construction of the project in whole or in one or more sections or stages.

§ 142-236.3 Downtown Inclusionary "Four Corners" Overlay Zone (OL).

[Added 12-9-2019 by Ord. No. 362-2019]

A. Purpose. The purpose of the Downtown Inclusionary Overlay Zone is to create an opportunity for the construction of low- and moderate-income housing in the Township of River Vale and thereby address the unmet need portion of the fair share housing obligation, in conformance with the latest fair share obligation promulgated by the courts and under the New Jersey Fair Housing Act.

B. Zone boundary. The boundary of this district is hereby established by the appended map[1] and shall be established at § 142-221 of the Township Code. The Downtown Inclusionary Overlay Zone is comprised of two subzones shown on the map in the appendix to this code. Subzone Overlay 1 (OL-1) includes generally the corner blocks and lots at the intersection of Westwood Avenue and River Vale Road. Subzone Overlay 2 (OL-2) includes the remainder block and lots.

[1] Editor's Note: Said map is on file in the Township offices.

C. Permitted principal uses. The following principal permitted uses and structures shall be permitted:

(1) All permitted uses in the underlying zone.

(2) Mixed use building - residential/retail.

(a) Residential uses restricted to the upper stories of a mixed-use building and where the ground-story use shall be a nonresidential use.

(b) Nonresidential uses - first floor only.

[1] Retail stores, markets and shops, excluding drive-ins.

[2] Personal service establishments.

[3] Restaurants, bar/tavern.

[4] Business, professional, and governmental offices.

[5] Banks, without drive-in facilities.

(3) Parks and plazas.

D. Permitted accessory uses. Accessory buildings, structures and uses shall be permitted when used in conjunction with a principal permitted use.

(1) Parking and loading in accordance with Article LIX, Off-Street Parking, and with the parking standards required within this Part 9.

(2) Signs in accordance with Article LIII, Signs.

(3) Fences in accordance with Article LIV, Fences.

(4) Outdoor seating.

E. Prohibited uses. All uses not explicitly permitted are prohibited, including, but not limited to:

(1) Check cashing businesses.

(2) Massage parlors.

(3) Kennels.

(4) Uses requiring storage or display of goods outside a fully enclosed building.

(5) Lumber yards.

(6) Sexually oriented businesses.

(7) Tattoo, body piercing or branding establishments.

(8) Manufacturing and other commercial uses deemed to be hazardous in the building code.

(9) Auto-oriented businesses.

(10) Restaurants with exterior drive-up window service or drive-thrus.

(11) Pawn shops.

(12) Funeral homes.

(13) Self-storage facility.

F. Affordable housing; low- and moderate-income housing requirements.

(1) All developments constructed in the OL - Downtown Overlay Zone shall be required to set aside a minimum percentage of units for affordable housing. Where units will be for sale, the minimum set aside shall be 20%. Where units will be for rent, the minimum set aside shall be 15%. When calculating the required number of affordable units, any computation resulting in a fraction of a unit shall be rounded upwards to the next whole number.

(2) All affordable units to be produced pursuant to this section shall comply with the Township's Affordable Housing Ordinance in Chapter 43 of the Township Code, as may be amended and supplemented; the Uniform Housing Affordability Controls ("UHAC") (N.J.A.C. 5:80-26.1 et seq.), or any successor regulation; and the Township's Housing Element and Fair Share Plan, as may be amended from time to time. This includes, but is not limited to, the following requirements for all affordable units:

(a) Low-moderate-income split. A maximum of 50% of the affordable units shall be moderate-income units and a minimum of 50% of the affordable units shall be low-income units. At least 13% of all restricted rental units shall be very-low-income units, which shall be counted as part of the required number of low-income units within the development.

(b) Bedroom mix. If the development is not age restricted, the following bedroom mix shall apply:

[1] The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;

[2] At least 30% of all low- and moderate-income units shall be two-bedroom units;

[3] At least 20% of all low- and moderate-income units shall be three-bedroom units; and

[4] The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.

(3) Deed restriction period. All affordable units shall be deed restricted for a period of 30 years from the date of the initial occupancy of each affordable unit (the "deed-restriction period") and continue thereafter until the municipality in its sole discretion chooses to release the restriction in accordance with UHAC.

(4) Administrative agent. All affordable units shall be administered by a qualified administrative agent paid for by the developer.

(5) Other affordable housing unit requirements. Developers shall also comply with all of the other requirements of the Township's Affordable Housing Ordinance, including, but not limited to, affirmative marketing requirements; candidate qualification and screening requirements; integrating the affordable units amongst the market rate units; and unit phasing requirements. Developers shall ensure that the affordable units are dispersed between all of the buildings on its site and shall identify the exact location of each affordable unit at the time of site plan application.

G. Bulk standards. The applicable bulk standards are as follows and also appear on the Township of River Vale's bulk requirements schedule located at § 142-222:

(1) Maximum height of buildings shall be as follows:

(a) OL-1: three stories, 38 feet.

(b) OL-2: two stories, 35 feet.

(2) Minimum size of lots:

(a) Minimum lot area: 5,000 square feet.

(b) Minimum lot width: 50 feet.

(c) Minimum lot frontage: 50 feet.

(3) Maximum building coverage of lots shall be 60%.

(4) Maximum impervious coverage shall be 85%.

(5) Setbacks shall be as follows:

(a) Front yard.

[1] Where there is a corner lot, there shall be two front yards.

[2] Minimum setback distance: 10 feet.

(b) Side yards.

[1] Minimum width: zero feet when attached to adjacent structure.

[2] Where the property abuts a residential zone, in which case the minimum setback required shall be 15 feet or the same as the residential setbacks on the abutting residential zone, whichever is greater.

(c) Rear yard.

[1] Minimum: 50 feet.

H. Building and site requirements.

(1) Location of building. Buildings and their front facades shall be oriented towards the public and/or private roadway. Where the building does not front a public and/or private roadway, buildings shall be oriented towards interior open spaces. All units and buildings shall be oriented away from parking lots.

(2) Surface parking lots and garages are not permitted in the front yard setback of any property; any proposed side yard shall be masked with architectural or landscape features.

(3) Common open space. Public and/or semipublic open space, such as courtyards, plazas, alleys and pedestrian walkways, shall be designed to promote use and enjoyment by all.

(4) Cable television utility. All dwelling units shall be provided with such facilities for potential linkage to the Township's cable television utility.

(5) Facades. In order to provide attractiveness, identity and individuality to buildings and complexes of buildings within the entire development and to avoid the monotonous repetition of design elements and its undesirable visual effects, the following design standards shall be utilized:

(a) Facades shall be expressed as building nodes to reduce the apparent size of larger buildings and to set up a rhythm in the facade that expresses the traditional scale of buildings. Architectural variety in building material, massing, cornice height, and window style/height/arrangement is encouraged.

(b) All buildings shall provide scale-defining architectural elements or details, such as windows, spandrels, awnings, porticos, pediments, cornices, pilasters, columns and balconies.

(c) All entrances to a building, except service and emergency egress doors, shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticoes, porches, overhangs, railings, balustrades and other elements, where appropriate. Any such element utilized shall be architecturally compatible with the style, materials, colors and details of the building as a whole, as shall the doors.

(d) Building exteriors shall have vertical and/or horizontal offsets to create visual breaks on the exterior. Monotonous, uninterrupted walls or roof planes shall be avoided. Building wall offsets, including projections such as balconies, canopies, awnings, and signs, recesses, and changes in floor level, shall be used in order to add architectural interest and variety and to relieve the visual effect of a simple, long wall. Similarly, roofline offsets, dormers, or gables shall be provided in order to provide architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof.

(e) The architectural treatment of the front facade shall be continued in its major features around all visibly exposed sides of a building. All sides of a building shall be architecturally designed to be consistent with regard to style, materials, colors and details.

(f) There shall be no blank facades and shall adhere to the standards listed above and in this document.

(g) Articulate the building entrance in the facade to make it easily identifiable by pedestrians and motorists and to provide architectural interest.

(h) Ground-floor facades of retail, restaurant, and related uses facing a street shall comprise a minimum of 50% clear window area, with windows providing views of display areas or the inside of the building. These ground-floor windows shall begin between 12 inches to 24 inches above ground level and shall end above 86 inches above ground level.

(i) Smoked, reflective, or black glass in windows in prohibited.

(6) Residential dwelling unit requirements.

(a) Dwelling unit size. Each dwelling unit shall meet the following criteria:

[1] One-bedroom: minimum 800 square feet; affordable units: minimum 650 square feet.

[2] Two-bedroom: minimum 1,200 square feet; affordable units: minimum 875 square feet.

[3] Three-bedroom: minimum 1,250 square feet; affordable units: minimum 1,100 square feet.

[4] As it relates to any units with dens:

[a] Dens must adjoin a living space.

[b] Dens must be built without closets and at all times postconstruction have no closets.

[c] Dens must be accessed through a wider-than-usual opening.

[d] The addition of a door, wall and a closet are at all times prohibited.

(b) No rooms intended for human habitation shall be located in a cellar, basement or attic, except that a cellar or basement may contain a family room or recreation room.

(c) Each dwelling unit shall have at least two exterior exposures with at least one window in each exposure.

(d) Buildings with residential uses shall provide laundry facilities and central air conditioning for each dwelling unit. No central or common laundry or similar facilities intended for two or more dwelling units shall be permitted. Window air-conditioning units are not permitted. Outside clothes drying is prohibited.

(7) Commercial space requirements.

(a) All commercial floor space provided on the ground floor of a mixed-use building shall have the following:

[1] A minimum floor-to-ceiling height of 11 feet.

[2] At least 800 square feet of leasable retail space.

(b) Outdoor dining areas shall not impede pedestrian traffic flow. Advertising or promotional features shall be limited to umbrellas, a menu board, and canopies.

(8) Landscaping and open space.

(a) There shall be a comprehensive landscape plan prepared by a certified landscape architect which shall detail the location, type, size and any planting note for the proposed landscape materials. This plan shall be subject to the approval of the Joint Planning Board.

(b) Screening and buffering. Where properties in the OL Zone abut a residential zone, properties in the OL Zone shall at least partially obscure the view of parking areas, loading platforms and loading activities by screening such areas with fencing or landscaping or any combination thereof. Landscaping shall measure a minimum of eight feet in height at planting. Fencing shall not be less than six feet in height and shall conform to the fencing requirements at § 142-247, Requirements. Said screening shall be subject to review and approval by the Planning Board/Zoning Board, pursuant to site plan review.

(9) Lighting.

(a) Adequate lighting shall be provided for all common areas and pedestrian walkways.

(b) All outdoor lighting, including streetlamps and accent lighting, should comply with "dark sky" standards intended to reduce light pollution. Dark sky standards require that lighting is downcast, illuminates only the intended areas, and does not cause disabling glare that affects driver safety and reduces the visibility of starry night skies.

(c) Lighting shall be shielded to meet the following requirements:

[1] No light shall shine directly from a light source onto the ground, into the windows, or onto improvements of an abutting property, although incidental light may be permitted to fall on abutting property. Such incidental lighting shall not exceed 1/2 an ISO footcandle at ground level on the abutting property.

[2] No light, except streetlights, shall shine directly onto public roads.

(d) Where the abutting property is residentially zoned and used, lighting shall meet the following requirements:

[1] Light fixtures shall be directed towards the proposed development and away from the abutting property.

[2] The light source itself must not be visible from the abutting residential property.

(e) No parking lot lighting standard or building fixture designed to illuminate the ground shall exceed 18 feet in height from grade level, and no pedestrian lighting standard shall exceed 14 feet in height from grade level.

(10) Miscellaneous.

(a) Through-wall air-conditioning units that project beyond the building wall are not permitted.

(b) Refuse area design standards. The storage of refuse shall be provided inside the building(s) or within an outdoor area enclosed by either walls or opaque fencing at least six feet in height. Any refuse area outside of the building shall be designed to be architecturally compatible with the building(s) and shall not be located in the front of the building.

(c) Buildings containing dwelling units located above the second story and requiring a second means of egress pursuant to the Uniform Construction Code shall not utilize an attached external fire escape as one of the required means of egress.

(d) Fences shall be permitted at a maximum height of six feet and shall be situated and designed in accordance with Article LIV, Fences, of this chapter of the municipal Code.

(11) Bicycle parking requirements.

(a) A designated area within the development shall be provided for bicycle parking. The area can be permitted inside the buildings or outside in a protected area. Parking shall be provided in such a way that allows for a bicycle to be properly secured, via a bicycle rack or locker.

(b) A minimum of two bike parking space per eight units shall be required.

(12) Parking standards.

(a) All parking areas shall conform with § 142-274, Parking area design standards, of this chapter of the Township Code.

(b) Off-street parking is prohibited in any required front yard setback.

(c) Parking may not be located closer than 10 feet to any rear property line.

(d) Parking may not be located closer than five feet to any side property line. Where there is a shared parking arrangement in place between two or more adjacent properties, shared property lines need not comply with the required five-foot parking setback.

(e) The minimum setback from a building to a parking area or paved area shall be 10 feet.

(f) The minimum parking for:

[1] Residential units shall adhere to the standards in the Residential Site Improvement Standards (RSIS), as:

[a] Studio/efficiency and one-bedrooms: 1.8 spaces.

[b] Two-bedroom: 2.0 spaces.

[c] Three-bedroom: 2.1 spaces.

[2] Commercial parking shall conform to the requirements set forth in § 142-273, Minimum requirements, of this chapter of the Township Code.

(g) An applicant may participate in a shared parking arrangement, provided the following:

[1] Parking shall not be considered the principal use of the lot. In a shared parking arrangement, parking shall be considered an accessory use, in all instances.

[2] An applicant requesting use of an off-site shared parking arrangement must submit a study demonstrating:

[a] That the required parking cannot feasibly be provided on site without compromising the economic value of the proposed development.

[b] That the distance between the site and the shared parking is reasonable and the sites must be contiguous.

[c] That the proposed shared parking location can reasonably accommodate peak parking and traffic for all uses that will be sharing the parking.

[3] An applicant requesting to use shared parking must enter into an agreement with the owner of the shared parking site.

[a] The shared parking agreement shall be enforced through written agreement among all owners of record.

[b] The owner(s) of the shared parking shall enter into a written developer's agreement with the Township, with enforcement running to the Township, providing that the land comprising the shared parking area shall never be disposed of except in conjunction with the sale of the building(s) which the parking area serves, so long as the parking facilities are required.

[c] The owner(s) shall agree to bear the expense of recording the agreement and such agreement shall bind the heirs, successors, or assigns.

[d] A copy of such agreement shall be submitted to the administrative officer to record in a form established by the Township Attorney.

[e] Record of the agreement must take place before issuance of a certificate of occupancy or building permit, for any use to be served by the shared parking area.

[f] Such agreement may only be revoked if, at such time, all required off-street parking spaces can be provided on site in accordance with the off-street parking requirements of this section.

I. Streetscape standards.

(1) Sidewalks and crosswalks.

(a) Sidewalks are required along all street frontages, alleys, and internal driveways. Sidewalks along alleys may be waived if an applicant can demonstrate that these areas are not anticipated to have pedestrians. Sidewalks shall meet the following width requirements:

[1] In areas that predominantly consist of retail, restaurant, and related uses on the ground floor of buildings, sidewalks shall have a minimum unimpeded width of six feet.

(b) Sidewalks shall be constructed of durable, attractive materials like brick, stone, or high-quality concrete accented with pavers. Sidewalk materials shall be continued across curb cuts when possible.

(c) Sidewalks shall be required to connect the street frontage to all front building entrances, parking areas, plazas, other usable open space areas, and any other destination that generates pedestrian traffic. Sidewalks shall connect to existing sidewalks on abutting tracts and other nearby pedestrian destinations.

(d) All sidewalks shall have accessibility ramps and shall comply with the regulations of the Americans with Disabilities Act.

(e) Crosswalks shall be required at all street intersections and wherever necessary to provide safe pedestrian access and movement.

(f) Crosswalks shall be constructed of inlaid thermal plastic, patterned surface dressing, or stone/brick/concrete pavers that make them easy to view and distinguish from the rest of the roadway. Crosswalk borders shall be highlighted with white lines at least six inches in width. This shall be approved by the Township's Planning Board or Zoning Board.

(2) Street furniture and streetscape elements.

(a) Street furniture shall be provided and include (though not be limited to) benches, trash and recycling receptacles, planters, and bike racks. Street furniture shall be decorative, functional, and properly scaled to the space.

(b) Street furniture shall be provided to the Planning Board specifications on style and/or color, and shall be given final approval by the Planning Board.

(c) Street furniture shall be properly maintained by the property owner and be constructed of durable materials such as cast iron, aluminum, stainless steel, or similar materials.

(d) All furniture and streetscape items shall be offset from the curb by a minimum of 1.5 feet to avoid car door obstruction.

(e) Paired trash and recycling receptacles shall be placed along each block face and identified on the site plan.

(f) Sidewalk-mounted trash receptacles shall have at least two feet clear on all sides from any standing object including, but not limited to, parking meters, lights, and sign posts.

(g) Freestanding planters and protective devices, such as bollards, shall be installed between sidewalks and adjacent vehicular traffic to help shape the pedestrian environment. Street furniture, such as the above bike racks, adds a distinctive element to the streetscape. Care should be taken to choose appropriately styled furniture.

(h) Bicycle racks shall be located in highly visible, well-lit areas near building entrances; bicycle parking areas shall not obstruct walkways. Bicycle parking may be provided within a building, but the location must be easily accessible for bicyclists.

(3) Street trees.

(a) All trees shall be placed in a location that will allow for adequate space for growth without interfering with below-grade utilities, roadways, sidewalks, overhead wires, or streetlights and shall not be permitted within the sight triangle.

(b) All trees shall be planted a minimum of 20 feet from pedestrian or roadway lighting and should be spaced 20 feet to 30 feet on center.

(c) All branches are to be trimmed away to a height of at least eight feet above the curb level.

(d) Large street trees shall be planted at a minimum size of three inches in caliper, a minimum of 12 feet in height, all branches are to be trimmed away to a height of at least eight feet above the curb level and shall be planted according to accepted horticultural standards, including soil specifications.

(e) Medium street trees shall be planted at a minimum size of two inches to 2.5 inches in caliper, a minimum of eight feet in height, all branches are to be trimmed away to a height of at least five feet to six feet above the curb level and shall be planted according to accepted horticultural standards, including soil specifications.

(f) All street tree planting sites shall be indicated on the plans.

(g) On streets where existing shade trees are consistently located at a certain location so as to form a line parallel to the street, shade trees may be placed to continue this pattern.

J. Site plan review. All of the foregoing shall be subject to site plan review.

§ 142-236.4 Mandatory set-aside.

[Added 9-9-2019 by Ord. No. 357-2019]

A. If River Vale permits the construction of multifamily or single-family attached residential development that is "approvable" and "developable," as defined at N.J.A.C. 5:93-1.3,[1] at a gross residential density of five or more units per acre, the Township shall require that an appropriate percentage of the residential units be set aside for low- and moderate-income households, as defined by applicable state law or regulations. For inclusionary projects in which the low- and moderate-income units are to be offered for sale, the appropriate set-aside percentage is 20%; for projects in which the low- and moderate-income units are to be offered for rent, the appropriate set-aside percentage is 15%.

(1) All affordable housing controls and standards are subject to the rules of the Council on Affordable Housing ("COAH") or any subsequent state agency. The development, marketing and sale of the affordable units shall be pursuant to applicable state regulations and Chapter 43, Affordable Housing, and any subsequent amendments thereto.

(2) This requirement shall apply to any multifamily or single-family attached residential development, including the residential portion of a mixed-use project, in any zone within River Vale, and proposed at a density of five units per acre or greater, whether permitted by a zoning amendment, a variance granted by River Vale's Planning Board or Board of Adjustment, or adoption of a redevelopment plan or amended redevelopment plan in areas in need of redevelopment or rehabilitation.

(3) This requirement shall not impose any obligation on a development, or the nonresidential portion of a mixed-use development, that is subject to the State Nonresidential Development Fee Act, N.J.S.A. 40:55D-8.1 et seq.

[1] Editor's Note: The regulations in N.J.A.C. 5:93 expired October 16, 2016.

B. Nothing in this section precludes River Vale from imposing an affordable housing set-aside requirement on a development that is not required to have an affordable housing set-aside pursuant to this section, when such imposition is consistent with N.J.S.A. 52:27D-311(h) and other applicable law.

C. This affordable housing set-aside requirement shall not create any entitlement to a special dispensation or approval for a property owner or applicant for a zoning amendment, variance, or adoption of a redevelopment plan or amended redevelopment plan.

§ 142-236.5 Cannabis.

[Added 5-10-2021 by Ord. No. 377-2021]

The following uses of property in the Township of River Vale are prohibited: all classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in § 3 of P.L. 2021, c. 16,[1] but not the delivery of cannabis items and related supplies by a delivery service.

[1] Editor's Note: See N.J.S.A. 24:6I-31 et seq.