Borough of Emerson, NJ Article IV Zone Regulations

§ 290-12 Designation of zones.

[Amended 1-30-1979 by Ord. No. 711; 2-17-1987 by Ord. No. 904; 6-4-1991 by Ord. No. 988; 12-29-1997 by Ord. No. 1091; 3-19-2002 by Ord. No. 1198; 5-21-2002 by Ord. No. 1203; 12-28-2004 by Ord. No. 1275; 7-11-2006 by Ord. No. 1305; 5-20-2014 by Ord. No. 1481; 2-2-2016 by Ord. No. 1516; 12-5-2017 by Ord. No. 1548-17]

For the purpose of this chapter, the Borough of Emerson is hereby divided into 16 zones, differentiated according to use and building regulations, and designated as follows:

R-22.5	Residential Single-Family
R-10	Residential Single-Family
R-7.5	Residential Single-Family
LB	Limited Business
RC	Retail Commercial
RB	Residential, Single-Family and Two-Family
IM	Industrial and Manufacturing
OSC	Open Space Conservation
MFRAH North	Multi-Family Residential Affordable Housing Overlay Zone District North
MFRAH South	Multi-Family Residential Affordable Housing Overlay Zone District South
ML-10	Single-Family
MS-AHO	Municipally-Sponsored Affordable Housing Overlay Zone-1
AHO	Affordable Housing Overlay Zone
R-2/ARC	Age Restricted Community Residence Zone
CBD-10	Central Business District - 10,000 Square Feet
CBD-15	Central Business District - 15,000 Square Feet

§ 290-13 General regulations.

A. (Reserved)[1]

[1] Editor's Note: Former Subsection A, regarding off-street parking, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See Subsection E(1).

B. Front, rear and side yard requirements may be greater than shown in this article if a lot abuts certain roads, waterways, side streets or if a lot abuts other zones. See other sections of this chapter for additional requirements, including but not limited to § 290-23.

C. For definitions of terms, see Article II.

D. AHO Affordable Housing Overlay set-aside requirements.

[Added 5-21-2002 by Ord. No. 1203; amended 8-14-2018 by Ord. No. 1561-18; 12-18-2018 by Ord. No. 1572-18]

(1) Purpose. The purpose of this set-aside requirement is to create a realistic opportunity for the construction of low- and moderate-income housing as land becomes available for development in the Borough of Emerson and thereby address the "unmet need" portion of the fair share housing obligation of the Borough of Emerson under the New Jersey Fair Housing Act of 1985,[2] N.J.A.C. 5:93-1 et seq., as amended and supplemented,[3] N.J.A.C. 5:80-26.1 et seq. as amended and supplemented, and the Mount Laurel Doctrine.

[2] Editor's Note: See N.J.S.A. 52:27D-301 et seq.

[3] Editor's Note: N.J.A.C. 5:93-1 et seq. expired 10-16-2016.

(2) Any property in the Borough of Emerson that is currently zoned for nonresidential uses and subsequently receives a zoning change or use variance or approval of a redevelopment or rehabilitation plan to permit multifamily residential development at a density of at least six units per acre, yielding at least five new dwelling units, or that is currently zoned for residential uses and receives a zoning change or density variance or approval of a redevelopment or rehabilitation plan to permit multifamily residential development, at a density of at least six units per acre, yielding at least five new dwelling units, shall provide an affordable housing set-aside of 15% if the affordable units will be for rent and 20% if the affordable units will be for sale. This provision does not affect residential development on sites that are zoned for inclusionary residential development as part of the Borough's Housing Element and Fair Share Plan, which are subject to the affordable housing set-aside requirements set forth in the applicable zoning. This requirement does not give any developer the right to any such rezoning, variance or other relief, or establish any obligation on the part of the Borough of Emerson to grant such rezoning, variance or other relief. A property shall not be permitted to be subdivided so as to avoid compliance with this requirement. All affordable units created pursuant to this subsection shall be governed by the provisions of Chapter 290, Article XII Affordable Housing Regulations.

E. Off-street parking, driveways, and garages in residential zones.

[Added 6-1-2004 by Ord. No. 1266]

(1) All uses must comply with the off-street parking requirements, as described in § 290-30.

(2) Newly constructed residential structures must contain at least one garage for every family unit (i.e., single-family structures must have one garage; two-family structures must have two garages, etc.). Existing residential structures which have a garage may not convert that garage to any other use without replacing it with another garage. Existing residential uses which do not have a garage shall not be considered nonconforming and are permitted to expand a structure without adding a garage.

(3) Vehicles may not be stored, parked, or maintained on any residential property, except in an enclosed garage or on an approved driveway. Driveways must be constructed of macadam, concrete, pavers, asphalt, or decorative stone. Driveways constructed of dirt, grass, crushed stones, or other materials not described herein are prohibited.[4]

[4] Editor’s Note: For information regarding the minimum fine for violation, see the Schedule of Minimum Fines, which is located in Ch. 1, General Provisions, Art. II, General Penalty.

(4) Driveways in residential zones shall have a maximum width of 22 feet within 40 feet of the curbline or, where there is no curb, within 40 feet of the front property line. Where there is a circular driveway or any other circumstance where there are two points at which the driveways access the street, the total combined width of both driveways shall not exceed 22 feet within 40 feet of the curbline.

(5) Existing driveways shall be permitted to remain and may be repaired or resurfaced, providing there is no increase in size.

(6) Driveways may not be located closer than three feet from the property line. For the purposes of this section, property on a corner lot shall be considered as having two front yards, and the restrictions as described herein shall apply to both front yards.

F. Utility sheds. Utility sheds shall be permitted as accessory uses in residential zones, with the following limitations:

[Added 6-1-2004 by Ord. No. 1266]

(1) Only one utility shed shall be permitted on each residential lot.

(2) Maximum ground coverage: 144 square feet.

(3) Maximum height: 10 feet.

(4) Required setbacks: three feet from any side yard and 10 feet from any other structure.

G. Pools. All pools in residential zone districts shall comply with the following regulations:

[Added 5-20-2014 by Ord. No. 1478]

(1) Pools are not permitted in any front yard area or the required front yard of a corner lot.

(2) Pools must be located at least 10 feet from the side property line and five feet from the rear property line.

(3) Pool water surface shall not exceed 50% of the rear yard area.

(4) Water surface for in-ground pools shall not be higher than 12 inches above the existing property grade.

(5) Aboveground pools shall not exceed 24 feet in length, width or diameter.

(6) Pool equipment shall be set back a minimum of two feet from the side and rear property lines.

(7) The pool equipment enclosure shall not exceed eight feet in height.

(8) All fences which act as a pool barrier in accordance with the Building Code shall be a minimum of 48 inches in height.

H. Second interior kitchens.

[Added 1-21-2020 by Ord. No. 1604-20]

(1) The presence of a second interior kitchen having one or more appliances for cooking, including ovens, stoves or cooktops, shall disqualify a dwelling from being considered a one-family or housekeeping unit and shall be prohibited.

(2) Any second interior kitchen as described in Subsection H(1), and any other section of the Borough of Emerson Code existing prior to February 1, 2020, shall not be in violation of this subsection and deemed "grandfathered" and exempt from this subsection, provided it was installed in compliance with existing ordinances of the Borough of Emerson and the laws of the State of New Jersey in force and effect prior to January 31, 2020, and installed by obtaining all the proper necessary permits if so required by law in force and effect prior to January 31, 2020.

§ 290-14 R-22.5 Single-Family Zone.

The following regulations apply in the R-22.5 Single-Family Zone:

A. Principal permitted uses:

(1) Single-family detached dwellings.

B. Permitted accessory uses:

(1) Private garages and carports.

(2) Home occupations.

C. Conditional uses:

[Amended 1-30-1979 by Ord. No. 711; 9-25-1979 by Ord. No. 729]

(1) Clubs, lodges and fraternal organizations.

(2) Public and private schools.

(3) Religious uses.

(4) Public libraries, museums, art galleries and community center buildings.

(5) Essential services.

(6) Public or private gardens or parks.

§ 290-15 R-10 Single-Family Zone.

The following regulations apply in the R-10 Single-Family Zone:

A. Principal permitted uses:

(1) Single-family detached dwellings.

B. Permitted accessory uses:

(1) Private garages and carports.

(2) Home occupations.

C. Conditional uses:

[Amended 1-30-1979 by Ord. No. 711; 9-25-1979 by Ord. No. 729]

(1) All conditional uses permitted in the R-22.5 Zone.

§ 290-16 R-7.5 Single-Family Zone.

[Amended 1-30-1979 by Ord. No. 711; 9-25-1979 by Ord. No. 729; 11-21-2006 by Ord. No. 1313]

The following regulations apply in the R-7.5 Single-Family Zone.

A. Principal permitted uses.

(1) Single-family detached dwellings.

B. Permitted accessory uses.

(1) Private garages and carports.

(2) Home occupations.

C. Conditional uses.

(1) All conditional uses permitted in the R-22.5 Zone.

(2) Nursing homes are permitted as a conditional use where all of the following requirements are met:

(a) Minimum lot area: three acres;

(b) Minimum lot width: 500 feet;

(c) Maximum building height: the greater of 2 1/2 stories or 40 feet;

[Amended 8-21-2007 by Ord. No. 1327]

(d) Minimum front yard: 20 feet;

(e) Minimum side yards: 20% of the lot width, but not less than 40 feet for both sides, or 20 feet for one side;

(f) Maximum coverage for structures: 30% of the lot;

(g) Maximum floor area ratio: 50% (sum of the area of all floors of the buildings or structures compared to the total area of the site);

(h) Minimum open space ratio: 10% (open space to be only those planted areas);

[Amended 8-21-2007 by Ord. No. 1327]

(i) Off-street parking: one space for every three beds, plus one space for every two employees on major shift during the day.

§ 290-17 RB Single-Family and Two-Family Zone.

The following regulations apply in the RB Single-Family and Two-Family Zone:

A. Principal permitted uses:

(1) Single-family and two-family detached dwellings.

B. Permitted accessory uses:

(1) All accessory uses permitted in the R-7.5 Zone.

C. Conditional uses:

[Amended 1-30-1979 by Ord. No. 711; 9-25-1979 by Ord. No. 729]

(1) All conditional uses permitted in the R-7.5 Zone.

§ 290-17.1 ML-10 Single-Family Zone.

[Added 6-4-1991 by Ord. No. 988]

The following regulations apply in the ML-10 Single-Family Zone:

A. Development regulations. All of those regulations set forth in § 290-15, R-10 Single-Family Zone, of this chapter shall be applicable to the ML-10 Single-Family Zone, unless Subsection B applies.

B. Alternate development regulations. In the event that a developer meets all of the requirements of the mandatory contribution to the Emerson Low- and Moderate-Income Housing Trust Fund as described in Subsection C, then all of those regulations set forth in §§ 290-13, 290-16, 290-22 and Schedule I of the Code of the Borough of Emerson applicable to R-7.5 Single-Family Zone shall be applicable to the ML-10 Single-Family Zone, except as follows:

(1) Minimum size of corner lot:

(a) Lot area: 7,500 square feet.

(b) Lot width: 75 feet.

(2) Minimum size of lot abutting existing developed single-family lot in Emerson:

(a) Lot area: 10,000 square feet.

(b) Lot width: 100 feet.

(3) Minimum size of a lot located on a road intersecting Congress Road and within 700 feet of Congress Road (this shall not apply to corner lots):

(a) Lot area: 8,500 square feet.

(b) Lot width: 85 feet.

(4) Maximum number of lots. Maximum number of lots permitted in this zone: 60 lots.

C. Mandatory contribution to Emerson Low- and Moderate-Income Housing Trust Fund. In consideration for the increased density permitted in the ML-10 Single-Family Zone, the owner of said lands wishing to develop the property is required to contribute to the need for low- and moderate-income housing in the Borough of Emerson as follows:

(1) The developer must pay to the Borough of Emerson Low- and Moderate-Income Housing Trust Fund an amount equal to $4,000 per approved building lot. Said sum shall be paid as follows:

(a) Two thousand dollars per lot for every lot approved for building at the time a building permit is issued for the construction of the first unit.

(b) Two thousand dollars per lot as each lot is issued a certificate of occupancy.

(2) As an alternative to the above-described contribution to the Emerson Low- and Moderate-Income Housing Trust Fund, the developer may enter into a binding agreement with the Borough of Emerson to set aside 20% of all of the units constructed in this zone for low- or moderate-income housing. Said housing must comply with all the requirements of the New Jersey Council On Affordable Housing and must be eligible as a credit to Emerson towards the Borough's overall obligation for low- and moderate-income housing.

(3) In the event that the requirements described herein for a contribution to the Emerson Low- and Moderate-Income Housing Trust Fund are determined to be unenforceable or the developer, for whatever reason, does not comply with said requirements, then and in such event, all of the requirements normally applicable to the R-10 Single-Family Zone shall be applicable to the ML-10 Single-Family Zone.

(4) The developer, prior to the final approval of the subdivision plans, shall post a bond to ensure the necessary contributions to the Emerson Low- and Moderate-Income Housing Trust Fund. Said bond is to be in a form acceptable to the municipality.

§ 290-17.2 (Reserved) [1]

[1] Editor's Note: Former § 290-17.2, R-TH Townhouse Zone, added 12-29-1997 by Ord. No. 1091, was repealed 3-19-2002 by Ord. No. 1198.

§ 290-17.2 MS-AHO Municipally-Sponsored Affordable Housing Overlay Zone.

[Added 5-21-2002 by Ord. No. 1203]

A. Purpose. The purpose of this overlay zone is to provide for the construction by the nonprofit or public sector of alternate living arrangement housing that is 100% affordable to low- and moderate-income persons in order to address a portion of the fair share obligation of the Borough of Emerson under the New Jersey Fair Housing Act, the COAH regulations, and the Mount Laurel Doctrine.

B. Principal permitted uses. Buildings may be erected or used and the lot may be used or occupied for alternate living arrangement housing as defined in the COAH regulations.

C. Accessory uses, structures and buildings: facility management office, common room, laundry room, maintenance and tool storage areas, off-street parking, recreation facilities, mail kiosks and other street furniture, home occupations, fences and walls, signs, satellite dishes, and other customary accessory uses which are clearly incidental to the principal use and buildings.

[Amended 6-11-2002 by Ord. No. 1205]

D. Density. The maximum gross residential density shall be 6.5 dwelling units per acre. In computing the number of units permitted, any portion of a unit less than 0.5 unit shall not be considered a dwelling unit.

[Amended 6-11-2002 by Ord. No. 1205]

E. Area and bulk standards. The following standards shall be applicable to this use:

[Amended 6-11-2002 by Ord. No. 1205]

Requirement	Standard
Minimum lot area	0.7 acres
Minimum lot width	100 feet
Minimum lot depth	150 feet
Minimum front yard	20 feet
Minimum side yard*	20 feet
Minimum rear yard*	30 feet
Minimum spacing between buildings	15 feet
Maximum building height	35 feet; 2 1/2 stories
Maximum building length	120 feet
Maximum impervious coverage (structures and paving)	50%
Maximum number of units per structure	5 units
Minimum building setback from parking area	10 feet
Minimum building setback from streets	10 feet
*NOTE: For purposes of these bulk regulations, a yard that abuts the rear yard of single-family residential lots shall be deemed to be a rear yard; a yard that abuts the side yard of single-family residential lots shall be deemed to be a side yard; and a yard abutting nonresidential property shall be deemed to be a side yard.

F. Perimeter buffer. A minimum five-foot-wide setback from the lot perimeter shall be a landscaped buffer of preserved existing mature vegetation and, as necessary in sparsely wooded areas, new landscaping of evergreen shrubs or trees, or fencing, at least five feet high, or a combination of materials to create a reasonable visual screen. Any perimeter buffer along an active railroad line shall be fenced. The perimeter buffer may be included within any required setback. Stormwater management basins, easements for utilities, and driveways or internal roads to ensure access to and from a public street may be included within the perimeter buffer.

[Amended 6-11-2002 by Ord. No. 1205]

G. Recreation and open space. A minimum of 10% of the site area shall be reserved and developed for active and/or passive recreation, including community gardens and other common open space uses.

H. Site improvements. Streets, parking, water supply, sanitary sewers, stormwater management facilities and other site improvements shall be subject to the New Jersey Department of Community Affairs, Residential Site Improvement Standards ("RSIS"), as set forth in N.J.A.C. 5:21.

I. Affordable housing requirement. One hundred percent of the total number of dwelling units developed on the site shall be set aside and rented or sold to low- and moderate-income persons, as defined in the COAH regulations and in accordance with the affordable housing regulations in §§ 290-63 to 290-66.

J. Lighting. All exterior lighting on the site shall be arranged and designed so as to be directed away from all adjoining residential properties, including the use of cutoff fixtures as appropriate.

[Amended 6-11-2002 by Ord. No. 1205]

K. Landscaping. The development shall include building foundation plantings, clusters of plantings in strategic areas, ground cover, shade trees along roadways and pedestrian paths, and preservation of existing mature vegetation, where feasible.

L. Site plan review and approval. Prior to issuance of any construction permit for buildings pursuant to this overlay zone, the Land Use Board shall review and approve a site plan for the development in accordance with the Land Use Procedures Ordinance (Chapter 47 of the Borough of Emerson Code) and Site Plan Review Ordinance (Chapter 236 of the Borough of Emerson Code). The Land Use Board shall conduct its review of any development application in accordance with the fast-tracking requirements of N.J.A.C. 5:93-10.1. The developer shall be entitled in the development application review process to invoke any rights conferred by the COAH regulations, including the right to request relief from cost-generating development standards that are not essential to protect the public welfare.

[Amended 6-11-2002 by Ord. No. 1205]

M. Performance and maintenance guarantees. Performance and maintenance guarantees shall not be required.

[Amended 6-11-2002 by Ord. No. 1205]

N. Fee exemption. Applications for development pursuant to this overlay zone shall be exempt from application and technical review fees as authorized by N.J.S.A. 40:55D-8(c).

[Amended 6-11-2002 by Ord. No. 1205]

O. Length of approval. Any site plan approval issued by the Land Use Board shall be valid for the maximum term allowed by the Municipal Land Use Law, under N.J.S.A. 40:55D-49 and 40:55D-52.

§ 290-17.3 R-2/ARC Age Restricted Community Residence Zone.

[Added 12-28-2004 by Ord. No. 1275[1]]

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

AVERAGE GROUND ELEVATION

The average elevation of the existing ground surface, in its undeveloped state, measured adjacent to the location of the proposed building, around the perimeter of the foundation.

BASEMENT

That portion of a building or structure partially below the average ground elevation as defined herein. Dwelling units shall be permitted within basements.

BUILDING HEIGHT

The vertical distance from the average ground elevation as defined herein to the highest point of the roof surface if the roof is flat, exclusive of parapets, bulkheads, chimneys or similar extensions of the roof, or, in the case of sloping roofs, to a point one-half the distance between the rafter plate and the uppermost point of the roof.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

STORY

That portion of a building included between the surface of any floor and the surface of the floor above it or, if there is no floor above it, then the space between any floor and the ceiling or roof next above, excluding basements, cellars and crawl spaces.

STORY, ABOVE GRADE

Any story having its finished floor surface entirely above grade, except that a basement shall be considered as a story above grade where the finished surface of the floor above the basement is 1) more than six feet above grade plane; or 2) more than six feet above the finished ground level for more than 50% of the total building perimeter; or 3) more than 12 feet above the finished ground level at any point.

STORY, HALF

A space under a sloping roof which has the line of intersection of the roof and wall face not more than three feet above the floor level, and in which space the possible floor area with head room of five feet or less occupies at least 40% of the total floor area of the story directly beneath.

B. Uses. In the R-2/ARC Age Restricted Community Residence Zone, only the following uses are permitted:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(1) Any use permitted in the R-10 Residence Zone in accordance with all required conditions of that zone.

(2) Uses as defined in Subsection C below.

C. Requirements for age restricted communities (ARC).

(1) Use and occupancy restrictions:

(a) Principal permitted uses in an ARC 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, except as specifically provided in Subsection C(1)(b)[5] below, and with children under the age of 19 being expressly prohibited.

[Amended 12-18-2007 by Ord. No. 1343]

(b) Through its corporation, association or owners, the land and buildings in any ARC 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; except for the existence of a resident manager/superintendent and his/her family as set forth below, all units shall meet the age requirements herein.

[Amended 12-18-2007 by Ord. No. 1343]

[1] 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 ARC.

[2] An adult under 55 years of age may reside in a unit in the ARC 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.

[3] 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 ARC unit.

[4] Parents, stepparents or legal guardians of Emerson residents who are 55 years of age or older and qualified to reside in the ARC unit are permitted to purchase said units for the purpose of residing and living in them.

[5] A maximum of one unit in any such development may be occupied by a resident manager or superintendent and family not meeting the above criteria.

(c) The ARC 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 Borough Attorney for compliance with the Federal Fair Housing Act.

(d) Permitted accessory uses in an ARC may include, but shall not be limited to, attached or detached individual and common garage structures, maintenance, equipment storage and utility buildings, and indoor and/or outdoor areas devoted to off-street parking and to active and passive recreation. In addition, one double-faced ground-type sign identifying the development may be located at each entrance to said development, provided such sign is limited to 18 square feet in area on each side and is mounted on a freestanding wall or structure not exceeding 10 feet in height above the ground level. The design, location and landscaping of such sign shall be as approved by the Land Use Board.

(2) Requirement for low- and moderate-income units. For every 10 units constructed within this zone, the property owner shall pay to the Borough’s Mount Laurel Trust Fund a total of $35,000 to be used by the Borough of Emerson in the future to satisfy its obligation to provide low- and moderate-income affordable housing.

[Amended 10-11-2005 by Ord. No. 1297]

(3) Contributions based on impact upon municipal infrastructure. Prior to the issuance of a building permit, the property owner in this zone shall pay to the Borough of Emerson the sum of $100,000 for every 30 units constructed in this zone. Said payment is made to offset costs to the municipality for necessary infrastructure improvements required as a result of the uses and improvements permitted under this section. This contribution is in addition to any infrastructure improvements that the developer may be required to make by the Land Use Board.

[Amended 10-11-2005 by Ord. No. 1297]

(4) Area and density requirements. The following requirements shall apply to any tract proposed for ARC development:

(a) Minimum tract area. There shall be a minimum tract area of 30,000 square feet having a minimum road frontage of 150 feet for the ARC.

(b) Maximum density and number of units. There shall be no more than 36 dwelling units per gross lot acre within the ARC.

(c) Maximum building coverage. The total ground floor area of all buildings, including accessory buildings and common garages, shall not exceed 50% of the gross tract area.

(d) Maximum impervious coverage. The total coverage of the tract by all buildings, paved or other hard surfaces and parking areas, but excluding drainage structures and detention and retention basins, shall not exceed 85% of the gross tract area.

(5) Setback and height requirements. The following setback and height requirements shall apply to the development of the ARC:

(a) No principal building shall be located within 10 feet of the site's property lines. The required front yard, rear yard and side yard shall be 10 feet. No accessory building shall be located within 10 feet of the site's property lines except that accessory structures encompassing less than 500 square feet may be located a minimum of five feet from the site's property lines.

(b) Height. No building shall exceed three stories, and no building shall exceed a height of 45 feet measured from the average finished grade to the midpoint of the roof. Where individual buildings are separated by fire walls, the height measurement shall be taken around the exposed building perimeter between fire walls. A walk-out or exposed basement level containing dwelling units or portions thereof shall not be counted in the number of stories.

(c) Lot depth: The minimum lot depth shall be 150 feet.

(d) Balcony projections into required yard. No balcony shall project greater than four feet into the minimum front yard, rear yard or side yard.

(6) Amenities.

(a) The ARC 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 adults aged 62 years or older.

(c) Any multipurpose facility shall be designed and equipped to meet the social and recreational needs of the anticipated residents of the ARC. 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 persons 62 years of age and older.

(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.

(7) Roadways and parking standards.

(a) The requirements of the residential site improvement standards (RSIS) shall apply to the development of the ARC, except as set forth below.

(b) Private streets and roadways shall be permitted within the ARC and shall be designed and constructed in accordance with this chapter and the RSIS, where applicable.

(c) All requirements of this chapter relating to parking lot design, except as otherwise regulated herein or superseded by the RSIS, shall be applicable to the ARC.

(d) No parking of recreational vehicles, including boats, shall be permitted on the site.

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

(f) Handicapped parking spaces and handicapped accessibility shall be provided as required by law.

(g) Parking spaces or driveways serving individual dwelling units shall not be entered directly from any street. This shall not preclude driveways and parking spaces being accessed from interior development streets within the ARC tract. Parallel parking along interior development streets within the ARC tract shall be permitted consistent with this chapter; if such is silent, then such shall be permitted consistent with the RSIS.

(h) There shall be 1.50 parking spaces for each residential unit.

(i) Driveway width. All driveways which give access to the subject site shall have a width of not less than 24 feet.

(8) Buffer and landscaping.

(a) Shade trees shall be provided in all site plans where deemed appropriate by the Land Use Board. All shade trees shall have a minimum diameter of 2.5 inches measured three feet above the ground and shall be of a species approved by the approving authority. Trees shall be planted 40 to 60 feet apart and parallel to, but no more than 20 feet from, the curbline and shall be balled and burlapped, nursery grown, free from insects and disease and true to species and variety. Stripping trees from a lot or filling around trees 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.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(b) A landscape plan prepared by a landscape architect licensed by the New Jersey Board of Architects or other qualified individual shall be submitted with each site plan application. 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.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(c) Landscaping in parking and loading areas shall be provided as follows:

[1] Loading areas shall be screened with landscaping and/or berms. The screening shall be sufficient to obscure the view of loading platforms and loading activities from any lot line or street line. Fences and walls shall be permitted to be used in combination with the landscaping and berms if a site constraint exists which would limit the amount of space for a sufficient buffer to fully screen said loading area. The minimum height of the fence and/or wall shall be six feet.

[2] 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.

[3] 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.

[4] One shade tree with a minimum diameter of 2 1/2 inches measured three feet above the ground, shall be provided for every 10 parking spaces, with a minimum linear distance of 100 feet between trees in the same parking row. Trees shall be staggered and/or spaced so as not to interfere with driver vision and shall have branches no lower than six feet.

[5] Any plantings which do not live shall be replaced within one year or the next growing season. Notwithstanding this provision, all applicants must continually meet the provisions of site plan approval with respect to landscape plans.

[6] Landscaping shall not cast excessive shade on adjacent properties, interfere with existing vegetation, interfere with light fixtures or interfere with adequate sight distance for vehicles or pedestrians.

(9) Utilities.

(a) Water, sanitary sewer and storm drainage shall be in accordance with the residential site improvement standards and applicable NJDEP and utility provider regulations.

(b) All electric, telephone and cable television utilities within the development shall be placed underground.

(10) Fencing. Fencing shall be limited in height as set forth in this chapter.

(11) Other improvements and design standards. The development plan for the site, its developed facilities and the interior of residential units in the ARC must be specifically designed to meet the potential physical and social needs and visual, auditory, ambulatory and other impairments that may affect older persons, particularly as residents age in place.

(a) All site improvements, whether public or private, shall conform to the residential site improvement standards, or, where the residential site improvement standards do not regulate the type(s) of improvement(s), to the standards for such improvement(s) in this chapter.

(b) Each dwelling unit shall be equipped with central heating and air-conditioning systems with independent controls for each. This requirement may be waived by the Board for good cause.

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

(d) Smoke alarms shall be installed in each dwelling unit in the ARC in accordance with the requirements of the Uniform Construction Code (N.J.S.A. 52:27D-119 et seq.)

(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 ARC in accordance with applicable municipal codes. At least one solid waste pickup location shall be provided for each 50 units or, as an alternative, a minimum of two separate compactor locations shall be provided on the site. Such facilities shall either be located within a building or parking garage or, if located out of doors, be totally enclosed by a seven-foot-high masonry wall compatible with the architectural styling of the building(s), landscaped, and with a gate or entry on one side. Such enclosure(s) shall provide suitably sized containers approved by the Borough for the collection of solid waste and recyclables.

(f) A safe and convenient system of walkways accessible to all occupants shall be provided. The site plan shall show the locations of all pedestrian walkways and sidewalks.

(g) Lighting plans for the entire development shall be submitted for the Board's approval. 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 of the ARC. 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. Light fixtures shall not be greater in height than 20 feet.

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

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

(a) The landowner shall provide for and establish an organization for the ownership and maintenance or, if held under a condominium form of ownership, for the maintenance alone of 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 Borough of Emerson 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 Borough, 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 Land Use 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 Land Use 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 Land Use Board.

(13) 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.

[1] Editor's Note: Sec. IV of this ordinance reads:

"Discounted sales to Emerson residents. All units, when first placed on the market, will be offered to senior citizens of the Borough of Emerson for a period of six months prior to offering these units to others. When an individual unit becomes available for marketing, the developer shall advise the Borough of Emerson of such availability, and the Borough of Emerson shall arrange an appropriate method of notification for Borough residents. Developer to reimburse the Borough of Emerson for said publications. In the event units are purchased by senior citizens residing in the Borough of Emerson, those Emerson residents will be afforded an immediate 20% discount off of the market purchase price that has been established by the developer to advertise, market and sell the units at to non-Emerson residents. Upon sale of all units in the development, the average price of all market rate units which were not sold to Emerson resident seniors at the 20% discount shall be calculated, an amount equal to 20% off of the average price of said market rate units shall be calculated and any difference between this average purchase price and the purchase price that an Emerson resident senior citizen paid will be refunded to the Emerson resident senior citizen by the developer Emerson resident senior citizens shall be defined as any Emerson resident senior citizen who has resided in the Borough since the year 2001 or any time prior. The units referred to herein are the proposed 33 two-bedroom units, between 900 and 1,200 square feet. The purpose of this section is to address a problem for senior citizens residing in the Borough of Emerson. There are a substantial number of senior citizens who are unable, for financial and physical reasons, to continue to maintain their homes but wish to remain in the Borough of Emerson. This section recognizes that need, and provides a benefit to the senior citizens of the Borough of Emerson."

§ 290-17.4 Multifamily Residential Affordable Housing Overlay Zone.

[Added 12-5-2017 by Ord. No. 1548-17]

The following regulations apply to this overlay zone:

A. Purpose. The purpose of this overlay zone is to encourage the revitalization of the areas surrounding the Central Business District and to provide for the construction of affordable housing units for low- and moderate-income persons in order to address a portion of the fair share obligation of the Borough of Emerson under the New Jersey Fair Housing Act,[1] the COAH regulations, and the Mount Laurel Doctrine.

[1] Editor's Note: See N.J.S.A. 52:27D-301 et seq.

B. Principal permitted uses. Mixed-use buildings with any permitted use in the underlying district and multifamily residential or office on the upper floors, multifamily senior housing and age-restricted housing.

C. Minimum lot area. One and one-half acres of land is required for the construction of a use permitted only by virtue of these overlay districts.

D. Density.

(1) The maximum gross density shall be as follows:

(a) MFRAH North: 64 dwelling units per acre.

(b) MFRAH South: 43 dwelling units per acre.

(2) In computing the number of units permitted per acre, any portion of a unit less than 0.5 unit shall not be considered a dwelling unit.

E. Affordable housing set-aside. A minimum of 15% of the multifamily housing constructed for rental purposes and a minimum of 20% of the multifamily housing constructed for sale purposes shall be set a side for affordable housing deed-restricted units. All affordable units created under this section will be affordable to low- and moderate-income households in accordance with the rules at N.J.A.C. 5:93-1 et seq. ("COAH's Second Round rules"), the Borough's Affordable Housing Ordinance at Chapter 290, Article XII, of the Borough of Emerson Code, and the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq.

F. Maximum building height. The maximum permitted building height shall be as follows:

(1) MFRAH North: four stories and:

(a) Along public streets: 42 feet.*

(b) Along the railroad right-of-way: 50 feet.*

NOTES:
*	Additional height is permitted in accordance with § 290-70A(3) and shall only be permitted on development parcels which are two acres or greater.

(2) MFRAH South: three stories and 40 feet.

G. Area and bulk regulations. All area and bulk regulations that are set forth in § 290-69 shall apply to development proposed under this overlay district, except building height and density.

H. Design standards. All development proposed under this overlay district shall comply with all the design standards set forth in § 290-70 of the Borough of Emerson Code.

I. Parking requirements. The required number of parking spaces shall comply with § 290-71 of the Borough of Emerson Code.

§ 290-18 LB Limited Business Zone.

[Amended 1-30-1979 by Ord. No. 711; 9-25-1979 by Ord. No. 729; 5-20-2014 by Ord. No. 1481]

The following regulations apply in the LB Limited Business Zone:

A. Principal permitted uses:

(1) Professional business and governmental offices.

(2) Medical and dental clinics.

(3) Banks and other financial institutions.

(4) Funeral homes.

(5) Nursing homes.

(6) Hospitals and schools.

(7) Electric vehicle charging stations, as defined in § 290-6 of this chapter, are permitted at existing nursing homes or hospitals.

[Added 6-15-2021 by Ord. No. 1635-21]

(8) Private instructional uses, including, but not limited to, educational, exercise, dance, martial arts, artistic, cooking, and musical instructional lessons, classes and uses.

[Added 6-15-2021 by Ord. No. 1635-21]

(9) Adult day-care centers, as defined in § 290-6.

[Added 6-15-2021 by Ord. No. 1635-21]

(10) Essential services.

[Added 6-15-2021 by Ord. No. 1635-21]

(11) Clubs, lodges and fraternal organizations.

[Added 6-15-2021 by Ord. No. 1635-21]

B. Permitted accessory uses: none.[1]

[1] Editor's Note: Former Subsection C, Conditional uses, which immediately followed this subsection, was repealed 6-15-2021 by Ord. No. 1635-21.

§ 290-19 (Reserved) [1]

[1] Editor’s Note: Former § 290-19, LBE Limited Business East Zone, as amended, was removed from the Code pursuant to Ord. No. 1481, adopted 5-20-2014.

§ 290-20 RC Retail Commercial Zone.

The following regulations apply in the RC Retail Commercial Zone:

A. Principal permitted uses:

(1) Retail or personal service establishments, as defined in § 290-6, and including but not limited to the following:

[Amended 6-15-2021 by Ord. No. 1635-21]

(a) Appliance sales.

(b) Banks.

(c) Bakeries.

(d) Barbershops and beauty parlors.

(e) Book, card and stationery stores.

(f) Bowling alleys.

(g) Candy and cigar stores.

(h) Drug-, dry goods and variety stores.

(i) Dry cleaners, laundries and laundromats.

(j) Eating and drinking places (excluding drive-ins).

(k) Florists.

(l) Food stores.

(m) Garden supplies.

(n) Hardware stores.

(o) Locksmiths.

(p) Newsstands.

(q) Business and professional offices.

(r) Package liquor stores.

(s) Pet stores.

(t) Photographic supplies, services and equipment.

(u) Radio, television and appliance sales and service.

(v) Shoe sales and repair service.

(w) Soda fountains.

(x) Tailors and dressmakers.

(y) Wearing apparel stores.

(z) Automotive spare parts, provided that no repair, alteration, installation, fabrication or maintenance operations are conducted on the premises.

(aa) Gasoline service stations subject to the other provisions of this chapter.

(bb) Telephone exchange buildings, provided that such use does not include a service station or storage of trucks or construction building materials.

(cc) Medical offices, as defined in § 290-6.

(dd) Private instructional uses, including, but not limited to, educational, exercise, dance, martial arts, artistic, cooking, and musical instructional lessons, classes and uses.

B. Permitted accessory uses: none.

C. Conditional uses:

[Amended 1-30-1979 by Ord. No. 711; 9-25-1979 by Ord. No. 729]

(1) Shopping centers, when all of the following conditions are met:[1]

[Amended 6-15-2021 by Ord. No. 1635-21]

(a) Minimum lot area: six acres.

(b) Uses that are permitted in a shopping center are limited to all uses permitted in the RC/Retail Commercial Zone District; retail and personal service establishments; expanded pet care including veterinarian and medical care, pet day care, grooming and boarding services; offices and office structure; theaters, recreational and entertainment facilities including those that involve social outings, the arts, group activities and physical exercise; meeting and convention facilities; museums and cultural facilities; and electric vehicle charging stations.

(c) Uses that are prohibited in a shopping center include any use not contained in § 290-20A(3)(b);[2] vehicular repair and maintenance; dog kennels and puppy mills as defined in Borough ordinances; tattoo parlors; vape shops; marijuana and cannabis-related uses and establishments. If a use that is not permitted in shopping centers seeks to locate in an existing shopping center, a variance pursuant to N.J.S.A. 40:55D-70d et seq. is required.

[2] Editor's Note: So in original.

(d) When a permitted use as contained in § 290-20A(3)(b)[3] applies to the Borough to utilize existing space in an existing shopping center, site plan approval shall not be necessary unless the proposal includes outdoor improvements, outdoor storage, tree removal, an expansion to the existing shopping center's footprint, removal of or infringement into the existing parking spaces, parking lot, or sidewalk area, or a variance due to proposed signage.

[3] Editor's Note: So in original.

[1] Editor’s Note: Former Subsection C(2), regarding drive-through establishments, which immediately followed, was repealed 6-11-2019 by Ord. No. 1582-19.

§ 290-21 IM Industrial and Manufacturing Zone.

[Amended 1-30-1979 by Ord. No. 711; 9-25-1979 by Ord. No. 729; 12-5-2017 by Ord. No. 1548-17; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

The following regulations apply in the IM Industrial and Manufacturing Zone:

A. Principal permitted uses:

(1) Retail.

(2) Service commercial.

(3) Educational studios.

(4) Professional office.

(5) Automobile-related services.

(6) Printing and publishing.

(7) Electrical, plumbing and building services and sales.

(8) Wholesale sales.

(9) Warehousing.

(10) Industrial and manufacturing uses meeting the performance standards set forth in Article IX.

(11) Light manufacturing which is characterized by less capital-intensive and more labor-intensive operations. Products made by a light industrial facility tend to be targeted toward end consumers rather than other businesses.

(12) Assembly and distribution.

(13) Storage facilities.

B. Permitted accessory uses:

(1) Parking and loading associated with the principal use.

(2) Vehicles associated with the principal use may be parked and stored in delineated parking spaces.

C. Conditional uses: none.

§ 290-22 OSC Open Space Conservation Zone.

[Added 1-30-1979 by Ord. No. 711]

The following regulations apply in the OSC Open Space Conservation Zone:

A. Primary intended uses:

(1) Agriculture.

(2) Country clubs.

(3) Golf courses (not including driving ranges).

(4) Government offices.

(5) Reservoirs.

(6) Ice-skating rinks.

(7) Swimming pools.

(8) Tennis courts.

(9) Parks or passive recreation.

(10) Environmental centers.

(11) Public and private schools.

(12) Hospitals.

(13) Single-family detached dwellings.

B. Accessory uses: those uses incidental and accessory to the primary intended uses.

C. Minimum area and development requirements.

[Amended 8-21-1979 by Ord. No. 718]

(1) Minimum lot size.

(a) Residential: 60,000 square feet.

(b) All other uses: five acres.

(2) Lot width.

(a) Residential: 200 feet.

(b) All other uses: 50 feet.

(3) Maximum impervious lot coverage.

(a) Residential: 10%.

(b) All other uses: 10%.

(4) Maximum floor area ratio (total floor area to lot area).

(a) Residential: none.

(b) All other uses: 0.15 feet.

(5) Building height (principal building).

(a) Residential: 35 feet; 2 1/2 stories.

(b) All other uses: 20 feet.

(6) Building height (accessory).

(a) Residential: 15 feet; 1 1/2 stories.

(b) All other uses: same as principal.

(7) Yards.

(a) Front.

[1] Residential: 100 feet.

[2] All other uses: 250 feet.

(b) Side (one).

[1] Residential: 50 feet.

[2] All other uses: 100 feet.

(c) Side (both).

[1] Residential: 100 feet.

[2] All other uses: 200 feet.

(d) Rear.

[1] Residential: 100 feet.

[2] All other uses: 250 feet.

(8) Parking.

(a) Residential: three spaces per unit.

(b) All other uses: one per 250 square feet of floor area.

D. Other requirements.

(1) All uses except residential: see Subsection E below.

(2) (Reserved)[1]

[1] Editor's Note: Former Subsection D(2), regarding minimum area and development requirements for residential uses, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See § 290-22C.

E. Requirements for uses other than residential. It is the intent and purpose of this chapter and specifically this section to encourage the maintenance and preservation of the lands zoned Open Space Conservation in their present use or similar compatible uses. To permit maximum flexibility in achieving this objective and because of the wide diversity and nature of the uses permitted in this zone, no specific area, bulk and yard requirements are provided. The Land Use Board, in reviewing any site plan for uses proposed in this zone, shall use generally accepted planning standards to minimize the impact on surrounding development, ensure adequate circulation and provide for protection to the ecology and environment The Land Use Board shall approve only those plans designed to carry out the intent of these standards.

§ 290-23 Lot, height, yard and setback minimum requirements.

Minimum requirements for lot area, structure height and yard setback requirements for all zones in Emerson shall be as shown in Schedule I.[1]

[1] Editor's Note: Schedule I is included as an attachment to this chapter.