Borough of Wanaque, NJ Article III District Regulations

§ 114-5 Compliance required.

A. No building or land shall hereafter be used or occupied, and no building or part thereof shall be erected, moved or altered, unless in conformance with the regulations herein specified for the district in which it is located.

B. No building shall hereafter be erected or altered to exceed the height as prescribed in the accompanying schedule entitled "Zoning Area and Bulk Schedule for Wanaque, New Jersey,"[1] to accommodate or house a greater number of families, to occupy a greater percentage of lot area or to have narrower or smaller rear yards, front yards or side yards than are specified herein for the district in which such building is located.

[1] Editor's Note: The Zoning Area and Bulk  Schedule is included at the end of this chapter.

C. Prohibited uses in all districts.

[Added 8-9-2021 by Ord. No. 9-0-2021]

(1) Pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P. L. 2021, c. 16), the following cannabis class license businesses are hereby prohibited from operating anywhere in the Borough of Wanaque:

(a) Class 1 Cannabis Cultivator license, for facilities involved in growing and cultivating cannabis; indoor farming;

(b) Class 2 Cannabis Manufacturer license, for facilities involved in the manufacturing, preparation, and packaging of cannabis items;

(c) Class 3 Cannabis Wholesaler license, for facilities involved in obtaining and selling cannabis items for later resale by other licensees;

(d) Class 4 Cannabis Distributor license, for businesses involved in transporting cannabis plants in bulk from one licensed cultivator to another licensed cultivator, or cannabis items in bulk from any type of licensed cannabis business to another;

(e) Class 5 Cannabis Retailer license for locations at which cannabis items and related supplies are sold to consumers; and

(f) Class 6 Cannabis Delivery license, for businesses providing courier services for consumer purchases that are fulfilled by a licensed cannabis retailer in order to make deliveries of the purchased items to a consumer, and which service would include the ability of a consumer to make a purchase directly through the cannabis delivery service which would be presented by the delivery service for fulfillment by a retailer and then delivered to a consumer.

§ 114-6 One principal building per lot; exceptions.

No lot shall contain more than one principal building or structure, except as permitted and regulated in the IR-1 Industrial/Research District or the RA-C Cluster Single-Family Residence District.

§ 114-7 Minimum finished livable principal floor area.

A. Each dwelling shall contain a minimum number of square feet of finished livable principal floor area in such dwelling as follows:

(1) In R-15, R-30 and R-40 Districts: 1,050 square feet.

(2) In an R-10 District: 950 square feet for a one-family dwelling. In the case of a multiple-family dwelling in said district, there shall be a minimum of 950 square feet of finished livable principal floor area for each unit.

B. Such finished livable principal floor areas shall not include cellars, basements, porches, breezeways, garages or areas in accessory buildings. For the purpose of this chapter, the finished livable principal floor areas are those floor areas on which there are located finished dining rooms, kitchens, the principal living room in the dwelling unit, bedrooms and bathrooms. Finished livable principal floor areas, in order to qualify as such, as the areas of such floors within a dwelling which are finished and in which their related elements, such as walls and ceilings, are finished, and which are within said rooms in which the electrical wiring has been finished and the permanent heating system has been installed therein by means of radiators, convectors, basement elements, ducts and grills or any other permanent heating fixtures. For the purpose of determining the square footage of such finished principal floor areas, the areas of finished halls connecting such rooms and closets within said rooms, if finished, may be included.

§ 114-7.1 Fourth Avenue Residential Redevelopment Plan.

[Added 5-16-2005 by Ord. No. 10-0-05; amended 6-11-2012 by Ord. No. 12-0-12]

A. Designation of the Adult Housing Redevelopment Project. The Adult Housing Redevelopment Project, encompassed within a portion of Fourth Avenue, more specifically described as Lots 36 and 38 in Block 432 as shown on the Tax Map of the Borough of Wanaque, is hereby declared and determined to be located within an area in need of redevelopment in accordance with the provisions of N.J.S.A. 40A:12A-3.

B. Designation of redevelopment agency. Pursuant to the authority granted by N.J.S.A. 40A:12A-4(c), the Borough Council of the Borough of Wanaque is hereby designated to act as the redevelopment entity and to exercise the powers thereof for the Fourth Avenue Adult Housing Redevelopment Project.

C. Redevelopment plan.

(1) Purpose.

(a) The purpose of the Fourth Avenue Residential (FAR) District is to provide additional housing opportunities for current and future Wanaque residents in the form of a high-quality residential community.

(b) A purpose of this section is to establish rules, regulations, standards, and procedures designed to promote the integrated and logical development of the area designated as Lots 36 and 38 in Block 432 on the official Tax Map of the Borough of Wanaque.

(c) This section also authorizes the financial agreement(s) necessary to fulfill the redevelopment project, including but not limited to long-term financing allowed under the New Jersey Long Term Tax Exemption Law, N.J.S.A. 40A:20-1 et seq.

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

ADULT COMMUNITY

A residential community provided for permanent residents in accordance with the occupancy restrictions listed in Subsection C(6) in which the residential property and the residential related open space, recreational facilities and property all are owned by a mutual nonprofit corporation, or corporations, established pursuant to the laws of the State of New Jersey or by individuals, condominium associations or other entities, all of which shall have rules and regulations controlling the development in accordance with this chapter.

AGE-QUALIFIED PERSON

A person who is 55 years of age or older.

BUFFER

A continuous area of open spaces, landscaped areas, fences, walls, berms, or any combination thereof used to physically separate one use or property from another.

FAIR HOUSING ACT

The Fair Housing Act Amendments Act of 1988, P.L. 100 430 (September 13, 1988) and amendments thereto, including, but not limited to, the Housing for Older Persons Act of 1995, P.L. 104 76 (December 1995), and any judicial or administrative interpretations or decisions affecting said legislation.

FRONT OF BUILDING

For residential buildings where there is direct entrance from the exterior to each dwelling unit therein, the building front shall mean all the exterior walls that face a public or private road. Such buildings may have two fronts and no rear. For residential buildings where there is a common entrance from the exterior to all dwelling units therein, the building front shall mean all exterior walls in which such common entrance is located.

INTERNAL ROADWAY

A driveway providing access from an exterior public street to parking areas and/or private driveways.

PATIO

An area adjacent to a dwelling unit improved by concrete, bricks or other construction material for outdoor dining or other purposes accessory to the residential use of a dwelling unit.

PRIVATE DRIVEWAY

A driveway providing access from an internal roadway to a private garage.

SCREENING

A method of visually shielding one abutting or nearby structure or use from another by fencing, walls, berms, or reasonably sized plantings.

ZONE

The Adult Housing Zoning District authorized herein.

(3) Permitted uses.

(a) The permitted principal use permitted in the redevelopment area is an adult community comprised of multifamily dwellings, such as apartments and townhouses as regulated herein. These dwellings are to be occupied in accordance with Subsection C(4), (5) and (6) herein.

(b) A permitted secondary use is authorized which is limited to passive open space recreation to form a buffer between Route I-287 and the neighboring existing and proposed neighborhoods.

(4) Accessory uses.

(a) Signs.

[1] One sign is permitted identifying the development located at each entrance to the development. Signs shall have a maximum of two sign faces each not to exceed 25 square feet per side.

[2] Other signs may be erected as otherwise provided in Borough of Wanaque ordinances.

(b) Recreational uses, such as, but not limited to, common open spaces, walking paths, gazebos, swimming pools, putting greens, and tennis, shuffleboard and bocci courts.

(c) Clubhouse buildings, which may include athletic and recreational facilities, meetings rooms, club rooms and other facilities for social activities, homeowners' association offices, mailboxes, maintenance and equipment storage and ancillary kitchen facilities.

(d) Private and shared garages and off-street parking for private vehicles.

(e) Fences and walls.

(f) Administration, maintenance, storage, and utility buildings.

(g) Storage facilities. Each dwelling unit shall provide a minimum of 32 square feet of internal storage space, which space shall not be included in any garage.

(5) Bulk regulations. The following are the bulk (density and coverage) requirements of the AAH-2 District herein established:

(a) Minimum lot area: 7.75 acres.

(b) Maximum density: 12 dwelling units per acre. Maximum density in the FAR Zone within the redevelopment area, as set forth in the redevelopment plan and zone (amending Ordinance No. 10-0-05), shall be no greater than 88 total residential units.

(c) Minimum lot frontage along a county or municipal road: 50 feet.

(d) Minimum setbacks from public roadways: 25 feet.

(e) Minimum setbacks from other abutting property lines: 20 feet.

(f) Maximum building coverage: 35% of total site area.

(g) Maximum total impervious coverage: 60% of total site area.

(h) Residential building requirements:

[1] Minimum distance between buildings:

	Building Point	Distance (feet)
	Front to front	40
	Front to side	30
	Front to rear	40
	Side to side	8
	Side to rear	20
	Rear to rear	40
	Any point to internal roadway	8

[2] Minimum distance from buildings to internal roadway: 10 feet.

[3] Three stories, not to exceed 40 feet. The number of stories shall exclude the required basement(s). The maximum building height shall be measured to the highest point of the building, exclusive of chimneys, decorative facia, and HVAC or other mechanical appurtances, and shall be calculated at the final average grade of the front of the building foundation measured at ground level (foundation grade), and calculated within five feet of the front entry door, running parallel with the front of the building. (If there shall be more than two front entrance doors in a building, then the calculation shall be made from the middle unit entrance.) Any foundation, or portion thereof, protruding above the ground level (grade) shall be included in the height calculation. (The calculation of the building height shall be certified by the Township Engineer or Township Planner.) Further, no finished living space shall be included in any attic, loft or storage area above the third story.

[4] Maximum building length: 250 feet.

[5] Minimum horizontal breaks in building facade: one break that varies the setback by a minimum of four feet for every 50 feet of building length.

[6] Extensions into the required separations between buildings and setbacks from buildings to streets, parking areas and external lines shall be permitted as follows:

[a] By eaves with an overhang of not more than two feet.

[b] By rainwater leaders, window sills, chimneys and other such fixtures.

[c] By bay windows not more than 12 feet wide and for a depth not to exceed two feet.

[d] By an open porch or steps leading into the building, which shall not have any sidewall or other enclosure and may have a fixed roof, canopy, or other covering, limited to the dimensions of said porch.

[e] By a patio, provided that the surface shall be not more than 18 inches above the ground level and that the improved area shall be without walls and railings, and shall be without a roof, canopy, or other fixed covering.

(i) Accessory use standards.

[1] Accessory buildings shall meet the street and property line setbacks of principal buildings (excluding clubhouses).

[2] Minimum accessory building setback to/from residential buildings: 25 feet (excluding clubhouses).

[3] Minimum accessory building setback to/from another accessory building: 15 feet.

[4] Minimum setback of swimming pools, tennis courts, and other surfaced recreation facilities to external property lines: 20 feet.

[5] Clubhouse buildings:

[a] Minimum setback to external property lines: 20 feet.

[b] Minimum setback to internal roadway: 10 feet.

[c] Maximum building height: 2.5 stories or 35 feet.

[d] Maximum building floor area: 5,000 square feet.

[6] Accessory buildings (other than clubhouses):

[a] Maximum building height: 20 feet.

[b] Maximum building floor area: 2,500 square feet.

(6) The designated redeveloper shall build the project (and the respective units) in a high-quality manner. The construction of any project undertaken pursuant to this redevelopment plan shall conform to the Fourth Avenue Residential Zone (FAR Zone) Redevelopment Project Residential Building Specifications, attached hereto as Exhibit A, and made part of this redevelopment plan.[1] The Planning Board shall review the building design, materials, and anticipated workmanship of any redevelopment project undertaken in the FAR Zone.

(a) There shall be no occupancy restrictions regarding age of the occupants within the AAH-2 Zone of the Borough of Wanaque; therefore the new redevelopment zone shall be known as the Fourth Avenue Residential Zone, replacing the Active Adult Housing-2 Zone.

(b) No housing (“residential unit(s)” within the FAR Zone (replacing the former AAH-2 Zone), shall be subject to a housing restriction whereby a minimum number of units in the zone shall be occupied by a person at least 55 years of age or older.

(c) Notwithstanding any provision of this section or the redevelopment plan to the contrary, no age restriction shall apply within the FAR Redevelopment Zone.

[1] Editor’s Note: Said specifications are included as an attachment to this chapter.

(7) Common open space implementation requirements.

(a) A minimum of 0.1 acre of active or passive recreation space shall be provided for each 1.0 acre of bulk (gross) site area.

(b) Buffer areas, wetlands, and conservation easements shall be considered as open space as required by this subsection.

(c) Active recreation space shall be improved with facilities, buildings, and structures for indoor and outdoor recreational activities consistent with the residential character of the development and the lifestyle needs of the residents therein.

(d) All active open space shall be connected to residential areas with walkways or other reasonable means of access.

(8) Circulation and parking standards.

(a) All public streets, internal roadways, and private driveways shall be in accordance with the requirements of the New Jersey Residential Site Improvement Standards.

(b) A gatehouse may be located at the entrance to a development in the AAH-2 Zone.

(c) All developments in this district shall provide two points of ingress and egress. One of these access points may be for emergency use only.

(d) Off-street parking shall be provided at a ratio of 2.32 parking spaces for each dwelling unit.

(e) Required off-street parking may be provided in private driveways and garages, common garages under residential buildings and exterior on-site parking lots.

(f) Said parking shall be landscaped, screened, lighted and conveniently located within 150 feet of the housing to be served, with the exception of guest parking.

(9) Ownership and maintenance. The ownership and maintenance requirements of the AAH-2 Zone shall be the same as those generally required in this chapter.

(10) With respect to the proposed land uses and building requirements, this Adult Housing Redevelopment Plan is in conformity with the Master Plan of the Borough of Wanaque, which has as one of its primary goals the continued provision of housing opportunities to its residents. Furthermore, the Master Plan of the Borough of Wanaque is consistent with the Master Plans of adjoining municipalities.

D. Powers of Redevelopment Agency: Subject to the approval of the Borough Council, the Borough of Wanaque may proceed with the rehabilitation, planning, renewal, and redevelopment of the Adult Housing Redevelopment Project, located in the Fourth Avenue Adult Housing Renewal Area. So as to carry out and effectuate said purposes, the Borough of Wanaque may:

(1) Lease, exchange, or convey property or improvements to any other party pursuant to this section, without public bidding and at such prices and upon such terms as it deems reasonable, provided that the lease, exchange, or conveyance is made in conjunction with this redevelopment plan, notwithstanding the provisions of any law, rule, or regulation to the contrary.

(2) Request the Planning Board to recommend pursuant to existing law the designation of additional areas in need of redevelopment or rehabilitation and to make recommendations for such redevelopment; or rehabilitation of such areas.

(3) Publish and disseminate information.

(4) Prepare or arrange by contract for the provision of professional services and the preparation of plans by registered architects or licensed professional engineers, planners, financial analysts, or other consultants for the carrying out of redevelopment projects.

(5) Contract with public agencies, including an urban renewal entity (URE), or redevelopers, including private companies, for the planning, replanning, construction, or undertaking of any project or redevelopment work, or any part thereof, to provide as part of any such arrangement or contract for extension of credit or making of loans to redevelopers to finance any project or redevelopment work, and to arrange or contract with public agencies for the opening, grading or closing of streets, roads, roadways, alleys, or other places or for the furnishing of facilities or for the acquisition by such agency of property options or property rights or for the furnishing of property or services in connection with a redevelopment area.

(6) Arrange or contract with a public agency, to the extent that it is within the scope of that agency's functions, to cause the services customarily provided by such other agency to be rendered for the benefit of the occupants of any development area, and to have such other agency provide and maintain parks, recreation centers, schools, sewerage, transportation, water and other municipal facilities adjacent to or in connection with redevelopment areas.

(7) Conduct examinations and investigations, hear testimony and make proof, under oath at public or private hearings of any material matter, require the attendance of witnesses and the production of books and papers and issue commissions for the examination of witnesses who are out-of-state, unable to attend, or excused from attendance.

(8) Authorize a committee designated by it consisting of one or more members, or counsel, or any officer or employee to conduct any such investigation or examination, in which case such committee, counsel, officer or employee shall have power to administer oaths, take affidavits and issue subpoenas.

(9) Do all things necessary or convenient to carry out its powers.

(10) Negotiate with a duly organized urban renewal entity (URE) or potential redevelopers for the provisions of a financial agreement pursuant to both the New Jersey Redevelopment and Housing Law and the New Jersey Long Term Tax Exemption Law so as to provide the Borough of Wanaque with the appropriate financial return as solely determined by the Borough Council.

(11) Enter into a financial agreement with a redeveloper or URE which may include the provision of a service charge paid by the redeveloper in the form of payment in lieu of taxes upon the private sale of improved real property within the renewal area hereinbefore set forth in this Redevelopment Plan Ordinance pursuant to the New Jersey Long Term Tax Exemption Law.

(12) Perform all powers authorized by law to carry out the foregoing purposes not otherwise specifically listed herein.

E. The designated developer shall be required to comply with the affordable housing regulations as promulgated by the Council on Affordable Housing.

F. The Mayor of the Borough of Wanaque or the Borough Administrator is hereby designated to execute, and the Borough Clerk to attest, any and all documents necessary to carry out any of the purposes set forth in this section, including the aforesaid financial agreement.

§ 114-8 R-10 District.

A. Permitted primary uses shall be as follows:

(1) One-family dwellings.

(2) Churches, similar places of worship, parish houses, convents and church schools.

(3) Public schools, municipal parks, public recreational facilities, public libraries, museums and other similar public uses.

B. Permitted accessory uses shall be as follows:

(1) Private garages.

(2) Normal residential storage structures not in excess of 100 square feet of floor area.

(3) Animal shelters for domestic pets not in excess of 50 square feet of floor area.

(4) Other normal residential structures, such as swimming pools, fireplaces, etc.

(5) Customary home occupations.

C. Other provisions and requirements.

(1) Off-street parking facilities shall be as regulated in Article V.

(2) Signs shall be as regulated in § 114-17.

(3) Area and bulk requirements shall be as regulated in the accompanying schedule entitled "Zoning Area and Bulk Schedule for Wanaque, New Jersey."[1]

[1] Editor's Note: Said schedule is included at the end of this chapter.

(4) Two-family dwellings, by conditional use permit, subject to the requirements of §§ 114-5 through 114-7 and Article VII.

(5) Dormers; cantilevers; soffits and gutters.

[Added 12-11-2017 by Ord. No. 15-0-17]

(a) A full or partial dormer design which does not extend beyond the outer walls of the existing structure, except as per Subsection C(5)(b) below, shall be permitted in this zone.

(b) A second floor cantilever extending no more than two feet front to back or side to side, but not both, shall be permitted.

(c) A soffit and gutter may not extend more than 18 inches beyond the limits set forth in Subsection C(5)(a) and (b) above.

(6) Porches shall be permitted on the front side of a residential building, which shall not be greater than six feet extending from the dwelling outward and no wider than the length of the front wall. The porch may be covered by a roof, but shall not be enclosed on any side except for the dwelling wall. A soffit or gutter may not extend more than one foot from the covered roof.

[Added 12-11-2017 by Ord. No. 15-0-17]

(7) Where a garage exists, no portion of said garage may be converted to living space.

[Added 12-11-2017 by Ord. No. 15-0-17]

§ 114-9 R-15 District.

A. Permitted primary uses shall be as follows:

(1) One-family dwellings.

(2) Churches, similar places of worship, parish houses, convents and church schools.

(3) Public schools, municipal parks, public recreational facilities, public libraries, museums and other similar public uses.

B. Permitted accessory uses shall be as follows:

(1) Private garages.

(2) Normal residential storage structures not in excess of 100 square feet of floor area.

(3) Animal shelters for domestic pets not in excess of 50 square feet of floor area.

(4) Other normal residential structures, such as swimming pools, fireplaces, etc.

(5) Customary home occupations.

C. Other provisions and requirements.

(1) Off-street parking facilities shall be as regulated in Article V.

(2) Signs shall be as regulated in § 114-17.

(3) Area and bulk requirements shall be as regulated in the accompanying schedule entitled "Zoning Area and Bulk Schedule for Wanaque, New Jersey." [1]

[1] Editor's Note: Said schedule is included at the end of this chapter.

(4) Dormers; cantilevers; soffits and gutters.

[Added 12-11-2017 by Ord. No. 15-0-17]

(a) A full or partial dormer design which does not extend beyond the outer walls of the existing structure, except as per Subsection C(4)(b) below, shall be permitted in this zone.

(b) A second floor cantilever extending no more than two feet front to back or side to side, but not both, shall be permitted.

(c) A soffit and gutter may not extend more than 18 inches beyond the limits set forth in Subsection C(4)(a) and (b) above.

(5) Porches shall be permitted on the front side of a residential building, which shall not be greater than six feet extending from the dwelling outward and no wider than the length of the front wall. The porch may be covered by a roof, but shall not be enclosed on any side except for the dwelling wall. A soffit or gutter may not extend more than one foot from the covered roof.

[Added 12-11-2017 by Ord. No. 15-0-17]

(6) Where a garage exists, no portion of said garage may be converted to living space.

[Added 12-11-2017 by Ord. No. 15-0-17]

§ 114-10 R-30 District.

A. Permitted primary uses shall be as follows:

(1) One-family dwellings.

(2) Churches, similar places of worship, parish houses, convents and church schools.

(3) Public schools, municipal parks, public recreational facilities, public libraries, museums and other similar public uses.

(4) Cluster single-family residential dwellings, as regulated by § 114-48.

B. Permitted accessory uses shall be as follows:

(1) Private garages.

(2) Normal residential storage structures not in excess of 100 square feet of floor area.

(3) Animal shelters for domestic pets not in excess of 50 square feet of floor area.

(4) Other normal residential structures, such as swimming pools, fireplaces, etc.

(5) Customary home occupations.

C. Other provisions and requirements.

(1) Off-street parking facilities shall be as regulated in Article V.

(2) Signs shall be as regulated in § 114-17.

(3) Area and bulk requirements shall be as regulated in the accompanying schedule entitled "Zoning Area and Bulk Schedule for Wanaque, New Jersey."[1]

[1] Editor's Note: Said schedule is included at the end of this chapter.

§ 114-11 R-40 District.

A. Permitted primary uses shall be as follows:

(1) One-family dwellings.

(2) Churches, similar places of worship, parish houses, convents and church schools.

(3) Public schools, municipal parks, public recreational facilities, public libraries, museums and other similar public uses.

(4) Cluster single-family residential dwellings, as regulated by § 114-48.

B. Permitted accessory uses shall be as follows:

(1) Private garages.

(2) Normal residential storage structures not in excess of 100 square feet of floor area.

(3) Animal shelters for domestic pets not in excess of 50 square feet of floor area.

(4) Other normal residential structures, such as swimming pools, fireplaces, etc.

(5) Customary home occupations.

C. Other provisions and requirements.

(1) Off-street parking facilities shall be as regulated in Article V.

(2) Signs shall be as regulated in § 114-17.

(3) Area and bulk requirements shall be as regulated in the accompanying schedule entitled "Zoning Area and Bulk Schedule for Wanaque, New Jersey."[1]

[1] Editor's Note: Said schedule is included at the end of this chapter.

§ 114-11.1 Service Business District.

[Added 2-13-2006 by Ord. No. 2-0-06]

A. Designation of the Ringwood Avenue Mixed Use Redevelopment Project. The Ringwood Avenue Mixed Use Redevelopment Project, encompassed within a portion of Ringwood Avenue northwest of Doty Road, more specifically described as Lots 1 through 8 and 12.01 in Block 430 as shown on the Tax Map of the Borough of Wanaque, is hereby declared and determined to be located within an area in need of redevelopment in accordance with the provisions of N.J.S.A. 40A:12A-3.

[Amended 8-14-2006 by Ord. No. 19-0-06]

B. Designation of redevelopment agency. Pursuant to the authority granted by N.J.S.A. 40A:12A-4(c), the Borough Council of the Borough of Wanaque is hereby designated to act as the redevelopment entity and to exercise the powers thereof for the Ringwood Avenue Mixed Use Redevelopment Project.

C. Redevelopment plan.

(1) Purpose.

(a) The purpose of the Ringwood Avenue Service Business District (SBD) is to provide additional economic and retail opportunities for Wanaque residents in the form of a high-quality retail office (mixed-use) area. The SBD Zoning District herein authorized shall have a public space component for the enjoyment of residents and visitors to the proposed area.

(b) A purpose of this section is to establish rules, regulations, standards, and procedures designed to promote the integrated and logical development of the area designated as Lots 1.01, 1.02, 1.03, 9, 10, 11, 12 and 13 in Block 430 on the official Tax Map of the Borough of Wanaque.

(c) This section also authorizes the financial agreement(s) necessary to fulfill the redevelopment project, including but not limited to long-term financing allowed under the New Jersey Long Term Tax Exemption Law, N.J.S.A. 40A:20-1 et seq.

(d) A purpose of this plan is to promote market housing in concert with retail and other nonresidential uses.

[Added 7-9-2012 by Ord. No. 18-0-12]

(2) Permitted uses.

(a) The specific intent of the Service Business District Zone is to allow for the mix of retail stores, including banks and restaurants, and professional, commercial and general office uses. As such, this is a mixed-use zone allowing for both retail stores and professional offices.

(b) The principal uses permitted in this redevelopment area are mixed-use service businesses comprised of retail and professional, general, commercial and general offices. These dwellings are to be built and occupied in accordance with Subsection C(3), (4), (5) and (6).

(c) An additional intent and requirement of this section is to have and incorporate high-quality uses in this redevelopment area. Accordingly, only one fast-food restaurant is permitted in the SBD Zone. “Fast food” is hereby defined as food that is premade and wrapped or packaged to take off premises and where there is no table service where individual food orders are taken. Dry cleaners are allowed, provided that there are no coin-operated clothes washing or drying machines on the premises. Professional office space is allowed to exist on the ground floor, but not in excess of 4,000 total square feet.

(d) Residential uses as a conditional use, provided that for every square foot of residential area (living space) there shall be an equivalent amount of nonresidential space. (This is a 1:1 ratio of residential to nonresidential use(s).)

[Added 7-9-2012 by Ord. No. 18-0-12]

(3) Accessory uses.

(a) Signs.

[1] One sign is permitted, identifying the development located at each entrance to the development. Exterior freestanding signs shall have a maximum of two sign faces, each not to exceed 25 square feet per side.

[2] Other signs may be erected as otherwise provided in Borough of Wanaque Code (Business District sign regulations, §114-17C) or as included on the project site plan, provided that there is no more than one building-mounted sign above each individual tenant's establishment and no more than two such signs on the corner establishment(s).

(b) Passive recreational uses, such as, but not limited to, common open spaces, walking paths, and gazebos. This shall include an area located near the intersection of Ringwood Avenue and Doty Road that currently has a gazebo erected thereon.

(c) Maintenance and equipment storage and kitchen facilities that are either common or ancillary to a restaurant use. A kitchen facility is allowed in all other permitted uses, provided that such kitchens are not used for retail or wholesale food sales activity and first receive a permit or other letter of consent from the Borough of Wanaque Administrator.

(d) Fences and walls that are shown and approved on the project site plan.

(e) Administration, maintenance, external storage, and utility buildings not exceeding 1,000 square feet in total area.

(f) Storage facilities. Each retail and office space shall provide a minimum of 32 square feet of internal storage space.

(4) Bulk regulations. The following are the bulk requirements (building density and coverage) of the SBD Zone herein established:

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

(b) Minimum lot frontage along a county or municipal road: 100 feet.

(c) Minimum building setbacks from public roadways: 30 feet, excluding parking areas.

(d) Minimum building setbacks from other abutting property lines: 10 feet.

(e) Maximum building coverage: 40% of total site area.

(f) Maximum impervious lot coverage: 95%.

(g) Maximum building height: three stories or 39 feet, excluding chimneys, steeples, or other decorative features that may rise above the functional roofline. (The building height shall be measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs and to the mean height between the eaves and ridge for gable, hip and gambrel roofs.)

(h) Accessory use standards:

[1] Accessory buildings shall meet the street and property line setbacks of principal buildings. The minimum accessory building setback to/from other accessory buildings is five feet.

[2] Accessory buildings:

[a] Maximum building height: 13 feet.

[b] Maximum building floor area: 200 square feet.

(i) Liquor establishments are a permitted use. Liquor establishments shall be licensed as provided by law. Within the mixed-use Service Business District (SBD) no limitation shall exist as to the number of such establishments, and liquor establishments may exist within 500 feet of any other establishment in or out of the SBD.

(5) Circulation and parking standards. It is the intent of this section to provide for shared parking where practical.

(a) All public streets, internal roadways, and private driveways shall be in accordance with the site plan requirements of the Borough of Wanaque and the State of New Jersey if applicable. All parking spaces shall have a minimum area of 160 square feet, and shall have the proper turning area as included on the approved project site plan. This specifically shall include sufficient area to provide for ninety-degree parking where applicable.

(b) This mixed-use SBD District shall provide two points of ingress and egress into the project site. Off-site parking may be provided by the redeveloper of the project as part of a community parking program. This off-site parking may be counted toward the minimum parking requirements of the project. The Wanaque Borough Administrator shall determine the effectiveness of such a parking program and submit a written report to the Wanaque Planning Board for its consideration when determining the number of such parking spaces that may be counted toward the project requirements.

(c) On-site parking, including off-site parking that may be counted towards the project parking, shall be provided as follows:

[1] Retail establishments, including banks but excluding restaurants: three parking spaces per 1,000 square feet of gross building area.

[2] Office establishments, including ground-floor offices: two parking spaces per 1,000 square feet of gross building area.

[3] Restaurants, excluding fast-food establishments: one parking space per four seats in the dining area.

[4] Fast-food restaurants: one parking space per two seats.

(d) Required off-street parking may be provided in private driveways as shown on the approved site plan.

(e) Said parking shall include handicapped spaces as required by general law.

(6) Ownership, maintenance, and landscaping.

(a) The ownership and maintenance requirements of the SBD Zone shall be the same as those generally required in this chapter.

(b) Shade trees shall be planted upon the project site and replaced as needed. It is the intent of this section to require an attractive project site with plantings and other landscaping treatments, as may be approved by the Planning Board.

(7) Loading and unloading areas shall be provided and included on the site plan. There shall be a minimum of two loading areas.

(8) With respect to the proposed land uses and building requirements, this mixed-use redevelopment plan is in conformity with the Master Plan of the Borough of Wanaque. Furthermore, the Master Plan of the Borough of Wanaque is consistent with the Master Plans of adjoining municipalities.

(9) The plan prohibits the use of any property as a storage facility, including but not limited to, vehicle, tool, equipment, or garden supply storage or warehousing whether in interior or exterior space; except in garages built for storage purposes.

[Added 7-9-2012 by Ord. No. 18-0-12]

(10) The plan requires all new construction, whether by building a new project, renovating an existing structure, or property rehabilitation of any sort to have a fire sprinkler and suppression system built into the entire property as approved by the Borough of Wanaque Fire Official. This provision is necessary so as to avoid the spread of fire.

[Added 7-9-2012 by Ord. No. 18-0-12]

D. Powers of redevelopment agency. Subject to the approval of the Borough Council, the Borough of Wanaque may proceed with the rehabilitation, planning, renewal, and redevelopment of the Ringwood Avenue Mixed Use Redevelopment Project, located in the Ringwood Avenue Renewal Area. So as to carry out and effectuate said purposes, the Borough of Wanaque may:

(1) Lease, exchange, or convey property or improvements to any other party pursuant to this section, without public bidding and at such prices and upon such terms as it deems reasonable, provided that the lease, exchange, or conveyance is made in conjunction with this redevelopment plan, notwithstanding the provisions of any law, rule, or regulation to the contrary;

(2) Request the Planning Board to recommend, pursuant to existing law, the designation of additional areas in need of redevelopment or rehabilitation and to make recommendations for such redevelopment; or rehabilitation of such areas;

(3) Publish and disseminate information;

(4) Prepare or arrange by contract for the provision of professional services and the preparation of plans by registered architects or licensed professional engineers, planners, financial analysts, or other consultants for the carrying out of redevelopment projects;

(5) Contract with public agencies, including an urban renewal entity (URE), or redevelopers, including private companies, for the planning, replanning, construction, or undertaking of any project or redevelopment work, or any part thereof, to provide as part of any such arrangement or contract for extension of credit or making of loans to redevelopers to finance any project or redevelopment work, and to arrange or contract with public agencies for the opening, grading or closing of streets, roads, roadways, alleys, or other places or for the furnishing of facilities or for the acquisition by such agency of property options or property rights or for the furnishing of property or services in connection with a redevelopment area;

(6) Arrange or contract with a public agency, to the extent that it is within the scope of that agency's functions, to cause the services customarily provided by such other agency to be rendered for the benefit of the occupants of any development area, and to have such other agency provide and maintain parks, recreation centers, schools, sewerage, transportation, water and other municipal facilities adjacent to or in connection with redevelopment areas;

(7) Conduct examinations and investigations, hear testimony and make proof, under oath at public or private hearings of any material matter, require the attendance of witnesses and the production of books and papers and issue commissions for the examination of witnesses who are out of state, unable to attend, or excused from attendance;

(8) Authorize a committee designated by it consisting of one or more members, or counsel, or any officer or employee to conduct any such investigation or examination, in which case such committee, counsel, officer or employee shall have power to administer oaths, take affidavits and issue subpoenas;

(9) Do all things necessary or convenient to carry out its powers;

(10) Negotiate with a duly organized urban renewal entity (URE) or potential redevelopers for the provisions of a financial agreement pursuant to both the New Jersey Redevelopment and Housing Law and the New Jersey Long Term Tax Exemption Law so as to provide the Borough of Wanaque with the appropriate financial return as solely determined by the Borough Council;

(11) Enter into a financial agreement with a redeveloper or URE, which may include the provision of a service charge paid by the redeveloper in the form of payment in lieu of taxes upon the private sale of improved real property within the renewal area hereinbefore set forth in this section pursuant to the New Jersey Long Term Tax Exemption Law; and

(12) Perform all powers authorized by law to carry out the foregoing purposes not otherwise specifically listed herein.

E. The Mayor of the Borough of Wanaque or the Borough Administrator is hereby designated to execute, and the Borough Clerk to attest, any and all documents necessary to carry out any of the purposes set forth in this section, including the aforesaid financial agreement.

§ 114-12 B District.

[Amended 7-20-1993 by Ord. No. 14-0-93]

A. Permitted primary uses shall be as follows:

(1) Retail sales, service and eating establishments customarily found in and associated with contemporary centers of shopping and general business.

(2) Theaters, bowling alleys and other similar places of indoor recreation.

(3) Meeting rooms, convention halls, exhibition areas and other assembly halls situated entirely within an enclosed building.

(4) Professional, commercial and general offices and businesses located on all floors of a building.

[Amended 8-11-2003 by Ord. No. 16-0-03]

(5) Churches and similar places of worship, parish houses, convents and church schools.

(6) Public schools, municipal parks, public recreational facilities, public libraries, museums and other similar public uses.

(7) Apartments over stores, subject to the following requirements:

(a) A maximum of two dwelling units may be provided. Each such dwelling unit shall have a minimum floor area of at least 750 square feet.

(b) Any business structure wherein provision is made for apartments shall comply with the side and rear yard requirements as established in the R-10 Residence District.

(c) Apartments shall be permitted on all floors only on properties fronting on streets other than Ringwood Avenue and Union Avenue. Each apartment shall have a minimum floor area of at least 750 square feet. Each property utilized for apartments shall comply with the side and rear yard requirements of the R-10 District. Not more than 2 apartments shall be located on the first floor of any structure containing apartments.

[Added 4-8-2002 by Ord. No. 8-0-02]

(8) Garages, filling stations and motor vehicle service stations subject to Articles IV through VIII and the following:

(a) No entrance or exit drives shall be located within 500 feet of a public entrance to a church, school, parish house, public library, firehouse, municipal building, post office, public park, playground or recreation structure.

(b) The total number of garages or filling stations shall not exceed the total number of such uses in existence as of April 23, 1958.

B. Permitted accessory uses shall be as follows:

(1) Uses and activities which are customarily associated with and necessary to the operation and maintenance of the uses which are permitted above, including:

[Amended 7-12-2021 by Ord. No. 5-0-2021]

(a) One deck (and, for clarity, one patio area) per principal structure having no greater than 450 square feet of area and provided said accessory use(s) comply with all yard setback standards;

(b) One shed per structure consistent with § 114-8B(2); and

(c) Aboveground pools not inconsistent with § 114-8B(4).

(2) (Reserved)[1]

[1] Editor's Note: Former Subsection B(2), dealing with townhouses and garden apartments, was repealed 8-4-1986 by Ord. No. 5-83-86.

C. Other provisions and requirements.

(1) Off-street parking facilities shall be as regulated in Article V.

(2) Signs shall be as regulated in § 114-17.

(3) Area and bulk requirements shall be as regulated in the accompanying schedule entitled "Zoning Area and Bulk Schedule for Wanaque, New Jersey."[2]

[2] Editor's Note: Said schedule is included at the end of this chapter.

D. The following uses shall be prohibited in the B-1 Business District:

[Added 5-13-1996 by Ord. No. 3-94-96]

(1) Junkyards or premises maintained for the storage of junked or inoperable vehicles, either privately or vehicles towed a a result of an accident or at the request of police or fire authorities of the Borough of Wanaque.

(2) Premises wherein motor vehicles are stored for reprocessing, recycling, utilization of parts or dismantling for sale or reuse of parts.

(3) The collection and/or storage of recyclable goods and materials on premises of such materials as tires, batteries, white goods, construction materials, paper, cardboard, rags, tree stumps, tree limbs, compost materials, grass, leaves, twigs, brush or any such other recyclable materials a may be from time to time designated as recyclable materials by the Borough of Wanaque.

§ 114-13 WRC District.

A. Purpose. The purpose and intent of this district is to preserve and perpetuate, in an open state, certain areas, such as lakes and waterways, wetlands and marshes, floodplains and streambeds, slopes and other areas of aesthetic value, which, because of their unique physical features, are deemed desirable and functional as natural drainageways and water retention areas, natural habitat for plant and animal life, green space and other uses beneficial to the health and safety of the community. The regulations of this section are designed not only to preserve certain natural features as stated, but also to protect the Borough from costs incurred in compensation for problems created by unsuitable development. Erosion control, flood control, control of defoliation of the land and protection of acquirer recharge areas are all legitimate concerns affecting the health and safety of the citizens of the Borough of Wanaque, and as such are subject to control under this chapter.

B. Regulation of critical areas.

(1) Lakes and waterways (including wetlands, marshes, floodplains, streambeds and all other naturally existing water bodies). All land within areas designated as natural drainage areas shall be a protected zone. The following activities are prohibited within such zone:

(a) Removal of natural vegetation, including the cutting of trees and ground cover required as absorption areas to minimize runoff and reduce flood hazard.

(b) Dumping of any liquid or solid wastes which endanger surface or ground water quality.

(c) Excavation and removal of topsoil required to maintain ground cover and reduce runoff.

(d) The construction of buildings or structures of any kind, except as permitted under Subsection C of this section or as approved on a case-by-case basis by the Planning Board. This Subsection B(1)(d) shall not take effect until the Borough Planning Board, with the advice of the Engineer, shall provide a comprehensive plan delineating the specific areas to be affected.

(e) Dredging, draining, filling or other alteration of the natural watercourse which will substantially change the pattern or volume of runoff during periods of heavy precipitation to the detriment of community health and safety.

(2) Slopes, bedrock and critical soils.

(a) All areas with slopes in excess of 15% are protected due to their unsuitability for development. No buildings or structures of any kind are allowed in such areas, except as allowed under Subsection C. All areas with slopes of 10% to 15% are, likewise, protected from development. Development of such areas shall be subject to strict review by the Planning Board under the site plan provisions of the Zoning Ordinance of the Borough of Wanaque.

(b) All areas where bedrock is found within six feet of the surface are protected due to their unsuitability for development. No buildings or structures are allowed in such areas, except as described under Subsection C.

(c) All areas with soils that are determined to be unsuitable for development, as defined in the United States Department of Agriculture - Soil Conservation Service Soil Survey for Passaic County, are protected from development. No buildings or structures are allowed in such areas, except as described in Subsection C. All areas with soils that are determined to be marginally developable are likewise protected from development. Development proposals involving such areas shall be subject to review by the Planning Board under the site plan provisions of the Zoning Ordinance of the Borough of Wanaque.

C. Use regulations. Within critical areas designated under Subsection B above, only the following are permitted:

(1) Forestry and other conservation techniques involving maintenance of the natural vegetative cover.

(2) Agriculture, horticulture and nurseries.

(3) Noncommercial recreation areas.

(4) Parks and playgrounds.

(5) Necessary public utility structures.

§ 114-14 IR-1 District.

A. Permitted primary uses shall be as follows:

(1) Research and development laboratories.

(2) Wholesaling, warehousing and distribution activities.

(3) The following uses, which may include manufacturing, fabricating, processing, converting, assembling or testing: textiles, automotive parts and components, machined components customarily associated with tool and die operations, furniture, cabinets and other similar wood products, electroplating, food processing, footwear, boats, glassware and other glass products, wood construction components, such as window frames, doors, etc., modular housing components, aluminum products, lighting fixtures, books and other printed products, sporting goods, electronic components, typewriters, data-processing equipment and components, plastic products, swimming pool components and accessories, office machine products and other similarly related manufacturing, fabricating, processing, converting, altering, assembling or testing activities. These permitted activities shall be subject to the application of accepted contemporary performance standards, which shall be applied at the discretion of the Planning Board at the time of site plan application under Article VI of this chapter. It is the intent of such a requirement to ensure that such uses will not be noxious, offensive or dangerous to the public health and safety by reason of the emission of odor, dust, smoke, gas or noise.

B. Prohibited uses. Within any IR-1 District, no lot, premises, building, structure or any part thereof shall be built, altered, modified, arranged, intended or designed for the following specified trades, industries or uses:

(1) Acetylene gas manufacture and bulk storage.

(2) Acid manufacture.

(3) Alcohol manufacture and/or bulk storage.

(4) Ammonia, chlorine or bleaching powder manufacture.

(5) Ammunition manufacture and storage, not including normal stocks for sale at retail and not including handloading for private use.

(6) Animal black, lampblack or bone black manufacture.

(7) Arsenal.

(8) Asphalt manufacturing, packaging or refining.

(9) Auto wrecking or storage yards.

(10) Blast furnace.

(11) Boiler or tank works.

(12) Brick, tile or terra cotta manufacture.

(13) Storage or baling of scrap, paper, rags, old iron or junk.

(14) Carbon manufacture.

(15) Carting, express handling or storage yard.

(16) Celluloid manufacture.

(17) Central mixing plant for cement, concrete, mortar, plaster or paving materials.

(18) Coke oven.

(19) Crematory.

(20) Creosote treatment or manufacture.

(21) Disinfectant, insecticide or poison manufacture.

(22) Distillation of tar.

(23) Distillation of coal, wood or bones.

(24) Dye manufacture.

(25) Fat rendering or refining.

(26) Fertilizer manufacture.

(27) Fish smoking or curing.

(28) Gas manufacture.

(29) Glue, size or gelatin manufacture.

(30) Grain, drying or feed manufacture from refuse mash or grain.

(31) Hog farm.

(32) Hydrocarbon material distilling, manufacture, reclaiming or refining.

(33) Incineration reduction of offal, garbage or refuse, except when controlled by the municipality. Included herein, by definition and intention, is reduction by composting or storing of vegetative materials, including but not limited to leaves, grass, clippings, branches, limbs, shrubs, trees and plants.

[Amended 11-29-1994 by Ord. No. 16-0-94]

(34) Iron, steel, brass or copper foundry work.

(35) Junkyards, auto salvage yards or the storage of junk automobiles or parts.

(36) Lampblack manufacture.

(37) Lime, cement or plaster of paris manufacture.

(38) Oilcloth or linoleum manufacture.

(39) Oiled or rubber goods manufacture.

(40) Ore reduction.

(41) Oil, paint, oil varnish, turpentine, shellac or enamel manufacture.

(42) Paper or pulp manufacture.

(43) Petroleum refining or the storage of petroleum products, except as regulated by the Fire Prevention Ordinance.[1]

[1] Editor's Note: See Ch. 73, Fire Prevention.

(44) Power forge (riveting, hammering, punching, chipping, drawing, rolling or tumbling of iron, steel, brass or copper, except as necessary or incidental to manufacture for which these procedures are a minor part and which are carried on without objectionable noise outside the plant).

(45) Printing ink manufacture.

(46) Pyroxylin plastic manufacture or the manufacture of articles therefrom.

(47) Raw hides or skins storage, curing, tanning, dressing or coloring.

(48) Reduction, canning, processing or treatment of fish or animal products.

(49) Rubber manufacture from crude material.

(50) Sandpaper and emery cloth manufacture.

(51) Smelting of iron, copper, tin, zinc or lead.

(52) Sauerkraut manufacture.

(53) Sausage manufacture and processing of cold meats.

(54) Sewerage disposal plant, except when controlled by the municipality.

(55) Soap manufacture.

(56) Starch, glucose or dextrin manufacture.

(57) Storage and dumping of refuse, garbage, fats, dead animals or offal. Included herein by definition and intention is the storage or composting of vegetative materials, including but not limited to leaves, grass, clippings, branches, limbs, shrubs, trees and plants.

[Amended 11-29-1994 by Ord. No. 16-0-94]

(58) Stone crusher.

(59) Storage and dumping of refuse, garbage, fats, dead animals or offal except when controlled by the municipality.

(60) Steel furnace, blooming or rolling mills.

(61) Shoe blacking or stove polish manufacture.

(62) Sulphurous, sulphuric, nitric or hydrochloric acid manufacture.

(63) Tallow, grease or lard manufacture and refining.

(64) Tar distillation or manufacture.

(65) Tar roofing or tar waterproofing manufacture.

(66) Sugar refining.

(67) Vinegar manufacture.

(68) Wool pulling and scouring.

(69) Yeast manufacture.

(70) Electroplating shops, except those having artificial ventilating systems constructed and operated in accordance with the rules of the State Department of Labor.

(71) Mining of sand, gravel, soil, stone, clay, rock or mineral ore.

(72) Storage, sale, stepping or processing of old, abandoned automobiles and other vehicles, and any other activities forming a part of the business generally classified as the automobile junkyard business, which business is hereby prohibited.

(73) The grinding of any material, the primary purpose of which is to reduce the same to powder form.

(74) Magnesium manufacturing.

(75) Composting facilities, whether for grass, leaves, brush, clippings, branches, limbs, shrubs, trees or plants or vegetative materials of any source, or for the storage of any of said vegetative materials, be it for temporary storage, composting or for processing of vegetative materials, including vegetative materials and composting for the creation or production of topsoil, mulch or decorative vegetative materials or for any other materials. Also precluded is the storage or reduction by composting of vegetative materials, including but not limited to vegetative materials set forth herein.

[Added 11-29-1994 by Ord. No. 16-0-94]

§ 114-14.1 M-H District.

[Added 12-19-1983 by Ord. No. 140-83]

A. Principal permitted uses shall be as follows:

(1) Nursing homes and similar extended care facilities.

(2) Medical arts/professional offices.

(3) Medical or dental clinics and laboratories.

B. Accessory permitted uses shall be as follows:

(1) Off-street parking.

(2) Fences and walls.

(3) Garages, storage buildings and other customary structures incidental to the principal use.

(4) Employee cafeterias as part of a principal use, provided that use of the cafeteria is limited to employees of the principal use or registered visitors. Such limitation shall be designated on the approved site plan.

(5) Temporary construction facilities for uses incidental to the construction activity and to be removed upon completion of the required activities.

(6) Signs as regulated in § 114-17 of this chapter.

C. Uses permitted in this district shall be served by public water and sewer utilities.

D. Any proposals for uses permitted in this district shall comply with the requirements of Articles IV through VIII of this chapter.

E. Parking, loading and access.

(1) Minimum off-street parking requirements. Existing parking standards of the Zoning Ordinance shall apply as follows:

(a) Nursing homes: in accordance with § 114-28A(7).

(b) Office, professional, medical arts and medical/dental laboratories: in accordance with § 114-28A(2).

(2) Minimum off-street loading requirements. Existing loading requirements contained in § 114-29 shall apply to all permitted uses in this district.

§ 114-14.2 Regional Commercial District. [1]

[Added 7-20-1993 by Ord. No. 14-0-93]

A. Permitted principal uses. The following uses only are permitted:

(1) Retail stores used for the sale of merchandise in the store building, but not including the display, sale or lease of merchandise or property stored on a lot not within the confines of any building.

(2) Business or professional office, office building.

(3) Restaurants, but not including drive-in/fast-food restaurants.

(4) Banks and other financial institutions.

(5) Gymnasium or athletic establishments.

(6) Personal service establishment such as a tailor, shoe repair shop, barbershop, beauty parlor or "instant print" shop, but not including a job printing plant beyond the scale of a service shop.

(7) Shop for custom work, including only within said term business premises used for the making of clothing, millinery, shoes or other personal articles to individual order and measure for sale at retail on the premises only.

(8) Insurance, real estate and investment offices.

(9) Multi-use structures containing a mix of permitted office and commercial uses.

(10) Garden centers.

(11) Veterinarian or animal hospitals without kennel facilities for boarding animals.

(12) Public utility or structure other than electricity generating plant, gas manufacturing plant or gasometer.

(13) Shopping centers consisting of uses permitted in this district.

B. Permitted accessory uses shall be as follows:

(1) Off-street parking as regulated by this chapter.

(2) Signs as regulated by this chapter.

(3) Temporary facilities for incidental use to construction, to be removed upon the completion or abandonment of construction work.

(4) Trash containers and recycling areas.

C. Prohibited uses.

(1) Prohibited uses shall be as follows:

(a) Outside overnight parking of trucks, trailers or other business or commercial vehicles and outside storage of any vehicles.

(b) Residential development of any type.

(2) Lawful prior nonconforming uses or structures may be continued only to the extent required by state law, but not otherwise.

D. Lot size, dimensions, bulk and setbacks shall be as follows:

(1) Minimum lot area: 10 acres.

(2) Minimum lot width: 200 feet.

(3) Minimum lot depth: 300 feet.

(4) Minimum lot frontage: 200 feet.

(5) Maximum coverages:

(a) Building(s): 25%.

(b) Impervious surface (total): 75%.

(6) Minimum setbacks:

(a) Front yard:

[1] Contiguous to local street: 50 feet.

[2] Contiguous to highway: 100 feet.

(b) Side yard: 50 feet.

(c) Rear yard: 50 feet.

(7) Minimum distance of building from residential zone lines: 100 feet.

(8) Maximum building height: 35 feet.

(9) Maximum number of stories: two.

E. Landscaped area and planted buffer area requirements.

(1) Purpose. Landscaping shall be provided as part of a site plan and subdivision design. It shall integrate all elements of site design, preserving and enhancing the particular identity of the site. Landscaping may include plant material such as trees, shrubs, ground cover, perennials and annuals and other materials such as rocks, water, sculpture, art, walls, fences, paving materials and street furniture.

(2) Landscape plan.

(a) A landscape plan prepared by a certified landscape architect shall be submitted with each site plan application.

(b) The plan shall:

[1] Identify existing and proposed trees, shrubs and ground cover; natural features such as rock outcroppings; and other landscaping elements.

[2] Show where all landscape elements are or will be located.

(c) Where existing plantings are to be retained, plans for the proposed method of protecting them during construction shall be submitted.

(d) The retention of existing vegetation rather than the provision of new plantings is encouraged, where this is determined by the Planning Board to be appropriate.

(3) A planted area and a buffer planted area, where required, of 25% of the total lot area is required. If a buffer planted area is not required, then the planted area requirement shall be 25%.

(4) Relationship of landscaped area requirements with other provisions of this chapter.

(a) The landscaped area required above is in addition to any required interior parking area landscape requirements.

(b) Buffer areas required by ordinance shall be included in determining the amount of area devoted to meeting the landscaped area requirements set forth above.

(c) On any lot that requires a planted buffer area, the total of the required planted buffer area, the required planted area and the required interior parking landscaped area shall not exceed 30%.

(5) Required planted buffer areas.

(a) Required planted buffer areas shall be as follows:

[1] A planted buffer area not less than 50 feet in width for lots contiguous with all nonresidential districts either within Riverdale or adjacent municipalities.

[2] A planted buffer area not less than 75 feet in width for lots contiguous to any residential zone either within Riverdale or an adjacent municipality.

(b) The continued existence of any such planted buffer area shall be considered as a condition for the continued existence of any certificate of occupancy issued for the property.

(6) Reduction in required buffer area. In the event that the buffer area required pursuant to this chapter would result in a buffer area that exceeds 12% of the existing total lot area of the lot, then in such event, the buffer area for the lot may be reduced in width uniformly so that the same is not less than 12% of the total lot area or a width of 35 feet, whichever is greater.

(7) General landscaped area and planted buffer area requirements.

(a) The criteria to be considered in determining the location, shape and content of any required buffer area shall include the following:

[1] Drainage control.

[2] Traffic and pedestrian safety.

[3] Conservation of the economic values of the property and adjacent property.

[4] Proper vehicular and traffic sight lines.

[5] Shade and pollution control.

[6] Screening and privacy of adjacent residential areas.

[7] The preservation of healthy, substantial trees wherever it is reasonable to do so, consistent with the criteria set forth herein.

(b) The Planning Board shall have the right to determine the proper areas for the required landscaped area consistent with the criteria set forth above.

(8) Minimum standards for landscaped areas and planted buffer areas.

(a) The required planted area (other than planted buffer areas) is not required to be in one area of the lot.

(b) Planted areas that are less than 200 square feet shall not be included in any computation of the required area.

(c) The planted buffer area shall be located along the entire front, side or sides of the lot or rear of the lot that abuts or is contiguous to or is across the street, but within 100 feet from any property zoned residential either within Riverdale or adjacent municipalities.

(9) Design criteria for planted areas and planted buffer areas.

(a) The planted area and required planted buffer area shall be so designed to provide proper drainage of the soil.

(b) The planted area or required planted buffer area shall be protected by cement concrete or Belgian block curbing on all sides except on the planted buffer area curbing is required only on the inside perimeter of the buffer area.

(c) The planted area or required planted buffer area shall be planted with approved plant material with sufficient organic sanitary material, topsoil, peat moss and the like, so that the same shall be likely to survive.

(d) No owner, developer or occupant of an undeveloped lot shall remove any trees in excess of six inches in diameter one foot above the base from any required planted area or any required planted buffer area or from the lot, except by the express direction or approval contained in a subdivision approval, soil permit or site plan approval by the Planning Board of the Borough of Riverdale.

(e) Existing healthy trees in excess of six inches in diameter one foot from ground level that are located in any approved planted buffer area or approved planted area shall be preserved unless otherwise ordered by the Planning Board in connection with site plan approval.

(f) The planted area shall be designed to provide for the planting of plant material that is hardy and of a variety which requires a minimum amount of maintenance.

(g) Where a planted buffer area is required and in areas where there are to be required planted areas, the Planning Board may require on-site plan approval that changes in topography or elevation of the planted buffer area or planted areas be made where such changes would better serve the criteria set forth in this chapter.

(h) In connection with any site plan approval granted, the developer of the property shall protect against damage to trees that are located in the approved planted area and approved planted buffer area and shall also protect these areas by temporary fencing until the certificate of occupancy has been issued and all outside construction has been completed.

(10) Parking area interior landscaping.

(a) Off-street parking areas shall have at least 10 square feet of interior landscaping for each parking space excluding all parking spaces which are directly served by an aisle abutting and running parallel to a perimeter which is part of the planted area or buffer planted area.

(b) Each interior landscaped area shall contain a minimum of 50 square feet and shall have a minimum dimension of at least five feet and shall include at least one tree having a clear trunk of at least five feet, with the remaining area adequately landscaped with shrubs or ground cover not to exceed three feet in height.

(c) Interior landscaped areas shall be dispersed so as to define aisles and limit unbroken rows of parking to a maximum of 20 parking spaces.

(d) The total number of trees shall not be less than one for each 100 square feet or fraction thereof of required interior landscaped area.

(e) The front of the vehicle may encroach upon any interior landscaped area when said area is at least 3.5 feet in depth per abutting parking space and protected by wheel stops or curbing.

(11) Guidelines for selection of types of plants and placement within and required planted area and any required planted buffer area.

(a) The following types of evergreen plants in the upright varieties are recommended for buffer areas to establish screening of nonresidential use and residential use:

[1] Pines of all upright varieties.

[2] Junipers of all upright varieties.

[3] Spruces of all upright varieties.

[4] Firs of all upright varieties.

[5] Tsuga of all upright varieties.

[6] Arborvitaes of all upright varieties.

(b) The planted areas that are at the end of aisle parking or very close to entrances and exits to other property or streets or highways shall be planted with ground cover not to exceed 30 inches in height at maturity. The ground cover shall be planted in such a manner as to present a finished appearance and provide reasonably complete coverage within two growing seasons after planting.

(c) Grass areas shall be planted with hardy grass species normally grown as permanent lawns in commercial environments. Grass areas shall be sodded.

(d) Shrubs shall be a minimum of two feet in height when measured immediately after planting. Hedges, where provided, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen within a maximum of two growing seasons after time of planting.

(e) Shade trees and ornamental trees are recommended for planted areas and buffer planted areas. Shade trees when planted shall have a minimum branch height of seven feet. If shade trees are planted in any area on the lot where they will be close to automobiles or at the end of any parking aisle or near the corner of any intersection of any aisle on any other driveway or aisle or in any location in parking aisles, the tree shall be pruned to remove all limbs at the trunk if at that point the limbs are lower than 10 feet from the ground.

(f) All new shade and ornamental trees shall be staked in accordance with the American Nurseryman's standards.

(g) All landscaping shall be completed in a good and workmanlike manner, and all planted areas and planted buffer areas are subject to the inspection and approval of the Borough Planner prior to the issuance of any permanent certificate of occupancy.

(12) Submission of landscape plan.

(a) A proposed landscape plan shall be submitted to the Planning Board for its consideration by:

[1] All applicants for site plan approval.

[2] All applicants for subdivision approval where any of the lots to be created would require a planted area or planted buffer area.

[3] All applicants for subdivisions requiring planting of public dedicated land.

(13) Contents of landscape plan.

(a) A landscape plan shall be prepared at a scale shown on the plan by a landscape architect, architect or professional engineer. The name of the preparer of the plan, his address, telephone number and license number shall be indicated on the plan. The scale of the plan shall also be indicated. The name of the applicant and any authorized agents shall also appear on the plan.

(b) The plans shall specify all planted areas and planted buffer areas, if required, and the dimensions of each of said areas. The plan shall specify the total number of square feet of any planted area, the total number of square feet of any planted buffer area, the combined total area in square feet, if applicable, and the percentage figures of planted areas and planted buffer areas of the sum of the two and of the total site area.

[1] Editor's Note: Former § 114-14.2, MXD Zone, added 7-9-1990 by Ord. No. 66-0-8 9/90, was repealed 12-17-1991 by Ord. No. 29-0-91.

§ 114-14.3 Townhouse District.

[Added 9-21-1993 by Ord. No. 16-0-93]

A. Purpose. The purposes of this section are as follows: in order that the public health, safety, morals and general welfare shall be furthered in an era of increasing urbanization and of growing demand for housing of all types and designs, to provide for necessary commercial and educational facilities conveniently located to such housing, to ensure that the provisions of the revised statutes, N.J.S.A. 40:55D-1 et seq., which direct the uniform treatment of dwelling type, bulk, density and open space within each zoning district, shall not be applied to the improvement of land by other than lot and lot development in a manner which would distort the objectives of the revised statutes, N.J.S.A. 40:55D-1 et seq.; to encourage innovations in residential development and renewal so that the growing demands of the population may be met by greater variety and type, design and layout of buildings and by the conservation and more efficient use of open space ancillary to said buildings so that greater opportunities for better housing and recreation conveniently located to each other may extend to all residents of this municipality; in order to encourage a more efficient use of land and of public services or private services in lieu thereof and to reflect changes in the technology of land development so that resulting economics may inure to the benefit of those who need homes; to lessen the burden of traffic on streets and highways; to conserve the value of land; and, in aid of these purposes, to provide a procedure which can relate the type, design and layout to the particular site and the particular demand for housing and other facilities, including the foregoing, at the time of development in a manner consistent with the preservation of the property values within established residential areas and to ensure that the increased flexibility of substantive regulations over land development authorized herein is subject to such administrative standards and procedures as shall encourage the disposition of proposals for land development without undue delay; to provide for the comprehensive, coordinated development of contiguous tracts of land for multiple-family townhouses and apartment dwellings in that they provide a realistic opportunity for the construction of lower-income housing in the Borough of Wanaque as delineated on the Zoning Map; and in general to promote the public health, safety, morals and general welfare of the citizens of the Borough of Wanaque.

B. Statement of objectives.

(1) The Borough recognizes that substantial residential, commercial and industrial growth has or will take place within its borders. This growth will provide the opportunity for satisfying the needs of the community, but because of the nature of the undeveloped land remaining in the Borough and of the previous development, problems involving such matters as traffic, flooding, drainage, recreation and services will be presented by further development; the Borough desires to take full advantage of such modern design, construction, technology and planning methods as will advance and promote the sound growth and general welfare of the municipality; strengthen and sustain its economic potential; provide adequate, safe, efficient, economical municipal services and utilities; and establish appropriate patterns for the distribution of population and commerce in a variety of accommodations which are free and compatible with a modern way of life, coordinated with the protection and enhancement of natural beauty and resources in harmony with their surroundings, both within and without the municipality, in order to provide for a variety of service activities, parks playgrounds; recreational areas, parking and other open space and orderly relationship to each other and in conformity to the development of the municipality as a whole and in order to provide an opportunity for construction of lower-income housing in areas of the Borough as designated on the Zoning Map.

(2) In order to effectuate the foregoing and to locate such Townhouse District multifamily housing, in view of the rapidly expanding population of the community and in order to ensure that sound planning goals are met for the potential use of the land and to prevent piecemeal and disorderly development of certain tracts of ground within the municipality and to protect existing uses, to preserve the physical characteristics of the land to the maximum extent possible and to assure provisions for light and air, the prevention of overcrowding of land or buildings, the creation of an adequate road network, to secure the health and morals and general welfare and for the better securing of adequate municipal utility and other necessary functions, the following criteria and procedures are hereby established.

C. Definitions. For the purpose of interpretation and implementation of this section, the following words and terms shall have the definitions provided. All other words and terms in this section shall have the definitions provided herein.

ACTIVE RECREATION AREA

A parcel of land dedicated and designed for the use and enjoyment of the owners and residents of the development, provided that said areas may be improved with buildings, structures and facilities incidental to the recreation use.

BASEMENT

An area of a building partly underground, but having at least 1/2 of its clear ceiling height above the average finished grade level at the exterior of the foundation. A "basement" shall be considered as a story if used for dwelling or business purposes.

BEDROOM

A room for sleeping. Each townhouse unit shall have at least one bedroom with a minimum area of 150 square feet, and the other bedroom shall contain a minimum area of 120 square feet.

BUILDER COVERAGE

The percentage of gross development site area that is occupied by a building's footprint or structure, including all roof areas.

CELLAR

An area of building partially underground, having more than 1/2 of its clear ceiling height below the average finished grade level at the exterior of the foundation.

COMMON OPEN SPACE

An area of unimproved land within the site designated for development; provided, however, that recreational facilities with attendant buildings, structures and facilities may be situated therein, as well as common building areas.

DRIVEWAY

The limited vehicle access road serving a cluster of buildings and/or parking areas in the multiple-family development.

GARDEN APARTMENT

Attached dwelling units stacked or side-by-side, each with an individual entrance which may be accessed by a common hallway.

GROSS DEVELOPMENT SITE AREA

The total gross acreage of a development within existing streets and/or property lines prior to development or subdivision, including streets, easements and common open space portions of the development.

MINIMUM HABITABLE FLOOR AREA

The finished and heated areas of a dwelling unit that is fully enclosed by the inside surfaces of walls and windows, excluding cellar, basements, attics, porches, garages, terraces, carports, heating rooms and any unheated area. The ceiling height must be at least seven feet six inches.

MULTIPLE-FAMILY DEVELOPMENT

An area with a specified minimum contiguous acreage to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate accessory or public or quasi-public uses all primarily for the benefit of the residential development.

PARKING STALL

An accommodation of the off-street parking of a motor vehicle of not less than 162 square feet per vehicle exclusive of access drives or aisles and shall be a minimum of nine feet in width by 20 feet in length.

ROADWAY

The common arterial vehicular access road serving a cluster of buildings and/or parking areas in the multiple-family development.

SETBACK

The setback of a building from a particular lot line to the part of the building nearest such lot line.

STORY

That part of a building between the surface of any floor and the next floor above it or, in its absence, then the finished ceiling or roof above it. A split-level "story" shall be considered a second "story" if its floor level is six feet or more above the level of the line of the finished floor next below it. Any floor under a sloping roof at the top of a building which is more than two feet below the top plate shall be counted as a "story," and, if less than two feet below the top plate, it shall be counted as a half-story.

TOTAL SITE COVERAGE

The percentage of gross development site area occupied by structures and all uncovered impervious surfaces, such as parking spaces, driveways and walkways.

TOWNHOUSES

A building containing two or more dwelling units, each dwelling unit separated by plane vertical party walls, separate and apart, each having direct access to the outside and the street without use of a common hall or passageway.

D. Principal permitted uses. No building or structure shall be erected and no existing building or structure shall be reconstructed, moved, altered, added to or enlarged, nor shall any land, building or structure be designed, used or intended to be used other than as follows:

(1) Townhouse dwelling units and detached, semidetached or attached roofs.

(2) Garden apartment dwelling units.

(3) Utilities and essential services.

E. The total number of units constructed pursuant to this chapter and under this section shall be in accordance with the provisions of this section and other applicable zoning ordinances and in accordance with accepted planning practices.

F. Accessory uses. Any use which is subordinate, but related and customarily incidental to the principal permitted use.

(1) Signs as otherwise regulated in the Borough ordinances.

(2) Noncommercial swimming pools, tennis courts and other outdoor recreational facilities.

(3) Private garages and off-street parking for private vehicles.

(4) Indoor and outdoor recreational facilities as required by this section.

G. Minimum site area requirements. No tract, parcel or lot shall be permitted for multiple-family development unless it contains a minimum 20 acres of adjoining and contiguous land to be developed as a single entity according to a plan or plans containing one or more residential clusters.

H. Residential units shall be designated in accordance with the following standards:

(1) Building or structure:

(a) Maximum length: 180 feet.

(2) Townhouse buildings.

(a) Maximum number of units in a single structure: six.

(3) Apartments.

(a) Buildings. Maximum number of units in a single structure: 12.

(4) Maximum building height: 35 feet.

(5) Maximum number of habitable stories: two.

(6) Maximum number of horizontal units before a horizontal break (front-to-rear townhouses only): two units.

(7) Minimum break in horizontal alignment: five.

(8) Minimum distance between buildings:

(a) Front to front: 85 feet.

(b) Front to rear: 100 feet.

(c) Front to side: 60 feet.

(d) Side to side: 30 feet.

(e) Side to rear: 50 feet.

(f) Rear to rear: 80 feet.

(9) Minimum building setback from internal public or private main access roads (within the site): 30 feet.

(10) Minimum building setbacks from internal driveways: 20 feet.

I. Minimum habitable floor area.

(1) Townhouses.

(a) One-bedroom unit: 800 square feet.

(b) Two-bedroom unit: 1,000 square feet.

(2) Apartments.

(a) One-bedroom unit: 750 square feet.

(b) Two-bedroom unit: 950 square feet.

J. Distribution of dwelling units.

(1) Townhouses: 80% to 100%.

(2) Apartments: zero percent to 20%.

K. Bedroom distribution.

(1) One-bedroom unit: zero percent to 20%.

(2) Multiple-bedroom units: 80% to 100%.

L. Land use density requirements.

(1) Maximum gross density: the maximum gross density of each site shall be determined by identifying topographically distinct areas of the site by reference to and in conformity with the following slope categories:

	Slope Category (percent)	Maximum Density Townhouses (units per acre)	Apartments (units per acre)
	0 to 9	8	12
	10 to 15	6	10
	15 to over	3	6

M. Off-street parking requirements per dwelling unit shall be as follows:

(1) Townhouse: 2.5 parking spaces per dwelling (gross including garages and visitor parking).

(2) Apartments: two parking spaces per dwelling.

(3) Off-street parking spaces for visitors: 0.5 spaces per unit (in close proximity to dwellings).

(4) Number of off-street parking spaces required to be enclosed (garages):

(a) Townhouse, per unit: one.

(b) Apartments: zero.

(5) Parking stall (for common areas):

(a) Size.

[1] Fifty percent, 10 feet by 20 feet, exclusive of access aisle.

[2] Fifty percent, nine feet by 18 feet, exclusive of access aisle.

(6) Access aisles. Pursuant to §§ 114-25 through 114-30 of this Zoning Code.

(7) There shall be no parking of any vehicle along roadways and driveways.

N. Area, bulk and yard regulations.

(1) Minimum lot area: 20 acres.

(2) Minimum lot frontage along a county or municipal road: 50 feet.

(3) Average minimum lot width: 300 feet.

(4) Average minimum lot depth: 700 feet.

(5) Setbacks from external lot lines.

(a) Front yard: 75 feet.

(b) Side yards.

[1] Side yard, one: 50 feet.

[2] Side yard, two: 100 feet.

(c) Rear yard: 50 feet.

(6) Coverage.

(a) Maximum building area coverage: 20%.

(b) Maximum total site coverage by impervious surfaces: 40%.

(c) Minimum required active open space: 10%.

(7) Grades.

(a) Maximum improved grade of buildable area for structures: 15%.

[Amended 3-15-1994 by Ord. No. 5-93-94[1]]

[1] Editor's Note: This ordinance also repealed former § 114-14.3N(7)(b), which immediately followed this subsection and established the original grade for roadways, driveways and parking areas.

(b) (Reserved)

(c) Maximum improved grade for driveways and roadways: 12%.

(d) Maximum improved grades for parking areas: 6%.

(8) Accessory buildings.

(a) Minimum distance setback from principal building: 40 feet.

(b) Minimum setback from any access roadway: 25 feet.

O. Circulation requirements.

(1) Any development or cluster within any development exceeding 100 units shall have two separate access and egress points.

(2) Roadway and driveway widths shall be determined as follows:

(a) Public: must conform to Borough standards.

(b) Private.

[1] Roadway, one-way (no parking permitted): 18 feet.

[2] Roadway, two-way (no parking permitted): 24 feet.

[3] Driveway, one-way: 12 feet.

[4] Driveway, two-way: 20 feet.

(3) Construction of pavement of all public roadways shall conform to the Borough standards for public roads.

(4) Construction of paving of all driveways shall conform to the Borough standards for paving as contained in the Borough ordinance.

P. Utility improvements and services.

(1) Water facilities.

(a) The site shall be connected to a municipal water system.

(b) All facilities shall be designed and installed in accordance with the standards of the applicable governmental bodies having jurisdiction thereof.

(c) All water mains shall be a minimum of eight inches in diameter and shall be designed with fire hydrants to provide adequate fire protection in accordance with the recommendations of the National Fire Underwriters Board. The location of fire hydrants shall be determined by the Municipal Fire Department.

(d) The water storage system shall conform to the recommendations of the National Fire Underwriters Board. A separate storage reservoir or tank shall be provided if tests indicate municipal facilities are inadequate due to low pressure or undersized mains or inadequate supply.

(2) Sanitary sewage system. The development shall be serviced by the Borough of Wanaque Municipal Sewerage Authority.[2]

[2] Editor's Note: The Borough Sewerage Authority was dissolved 9-14-2009 by Ord. No. 15-0-09.

(3) Drainage and stormwater management: any multiple family development will be required to provide a comprehensive drainage system for the entire property including a mandate that there will be zero runoff from the property. Moreover, the applicant will be required to ensure that there will be no significant impact from this development to the adjoining properties.

(4) Electric, gas, telephone and cable television services, if available, shall be provided by the developer in concert with the appropriate public utility providing such service and shall be installed underground, except high-voltage, electric primaries over 30,000 volts. One cable television connection shall be provided for each building.

(5) Street improvements, monuments, street names and other traffic control devices, shade trees, streetlights, sidewalks, curbs, fire hydrants and all aspects of street construction, as well as other improvements, shall be subject to local and state regulations and Borough Engineer approval.

(6) Refuse pickup areas shall be provided and shall be located for the convenience of townhouse residents. All such areas shall be screened with evergreens on at least three exposed sides and planted to a height of at least four feet with maximum growth of at least six feet in height.

(7) The residents of the multiple-family development shall be required to provide for the upkeep, maintenance and expense of sanitary sewer collection system, roads, drives, parking facilities, drainage facilities, streetlighting, refuse pickup, snow plowing and any other services as may be required by the Planning Board of the Borough of Wanaque. The Borough of Wanaque shall at no time be responsible for the cost of such items.

Q. Common open space implementation requirements.

(1) The area for detention basins and other drainage control devices shall not qualify as active recreation space as required by this section. Land having slopes in excess of 20% and chronically wet marshland shall not qualify as active recreation space as required by this section.

(2) Active recreation space may be improved with facilities, buildings and structures for indoor and outdoor recreational activities consistent with the residential character of the development.

(3) All improvements of the common open space area, as shown on the approved site plan, including recreational facilities, buildings and structures, shall be completed before a certificate of occupancy shall be granted to more than 75% of the proposed dwelling units.

(4) All owners and residents of the multiple family development shall have the right to use the common open space and active recreational facilities, subject to reasonable rules and regulations. In the event that the proposed development shall consist of a number of stages, the developer shall provide active recreational areas proportionate in size to the stage being considered for final approval.

(5) All open space shall be connected to residential areas with walkways or other reasonable means of access.

R. General design standards.

(1) Buffer.

(a) The developer shall provide and maintain a buffer area inclusive of the required yard, of not less than 50 feet from all external lot lines of the development. The said buffer area shall be kept in its natural state where wooded, and where natural vegetation is sparse or nonexistent the area shall be planted to provide a year-round natural screen.

(b) Only the following uses shall be permitted in a buffer area:

[1] Detention and recreational basins.

[2] Underground utilities.

[3] Walkways, trails, bicycle paths.

(c) The required buffer area shall be included for the purpose of computing compliance with the common open space requirements and yard setback requirements of this chapter.

(2) Each building and structure and each complex of the same shall have a compatible architectural theme with appropriate variations in design to provide attractiveness to the development. Such variation shall result from the use of landscaping and the location and orientation of buildings and structures to the natural features of the site.

(3) Landscaping.

(a) Landscaping shall be provided throughout the development site to provide a natural setting for building structures and recreational facilities. Shade trees shall be planted at the discretion of the Planning Board adjacent to public or private roadways. The trees shall shall be hard maple or ash or similar trees as approved by the Planning Board.

(b) All island or unpaved areas within a street shall be landscaped.

(c) Within any area of clearing not occupied by a building, structure, street, parking area or recreational facility, there shall be provided a minimum diameter of four inches as measured three feet above ground; existing trees meeting the aforesaid criteria shall be included in determining compliance therewith.

(4) Concrete walkways shall be provided between residential buildings and common parking areas. Walkways shall have a minimum width of four feet.

(5) No natural vegetation shall be disturbed except as approved by the Planning Board. The site plan shall indicate the maximum area of clearing.

(6) No building or structure shall be located within 35 feet of the high water mark of any stream or watercourse.

(7) Adequate lighting fixtures for walks, steps, parking areas, driveways, streets and other facilities shall be provided at locations to provide for the safe and convenient use of the same. Fixtures shall be situated and designated in keeping with the character of the development and shall be adequately shaded to screen windows of dwelling units, both off and on the development site, from direct and indirect light. No flashing, intermittent, moving light shall be permitted. All lighting, including illumination levels, shall conform to the recommendation of the Borough Engineer.

(8) Air-conditioning units in excess of 2,500 BTUs shall be screened and insulated for aesthetic and acoustical purposes.

(9) Every dwelling unit shall have two means of ingress and egress to the exterior without sharing a hallway, stairway or elevator with another unit.

(10) Adequate sound protection between dwelling units shall be provided and designed in accordance with sound engineering principles.

S. Ownership and maintenance.

(1) The developer shall have the right to offer the common open space for dedication to the municipality.

(2) In the event that the municipality shall not accept the dedication or the developer shall not offer the same, the following regulations shall apply:

(a) The developer shall establish an organization for the ownership and maintenance of any common open space and off-street parking space for the benefit of residents of the development. Such open space and other property shall be held in perpetuity by the organization subject to an open space easement. Structures and facilities in support of recreational activity may be constructed in accordance with site plan approval. 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 open space for the benefit of such development and to own and maintain any common open space and off-street parking for the benefit of the residents of the development. Thereafter such organization shall not be dissolved or dispose of any of its open space without obtaining the consent of the members of the organization as provided by law and also without offering to dedicate the same to the municipality. The developer shall be responsible for the maintenance of any such open space and provide for all services to the development until such time as the organization established for the ownership and maintenance shall be formed and functioning and shall be required to furnish a performance guaranty in the amount to be fixed by the Borough Engineer for such maintenance for a period of two years after the date of acceptance of all streets in the development.

(b) In the event that the organization shall fail to maintain the open space in reasonable order and condition, the governing body may serve written notice upon such organization or upon the residents and owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition and demanding that such deficiencies be remedied within 35 days of the date of service. The notice shall also state the date and place of a hearing thereon which shall be held within 15 days after the date of the notice. At such hearing, the governing body may modify the terms of the original notice as to deficiencies and may give an extension of time not to exceed 65 days within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension thereof, the governing body, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the governing body shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days written notice to such organization and to the residents, and the owners of the development shall show cause why such maintenance by the municipality shall not, at the discretion of the governing body, continue for a succeeding year. If the governing body shall determine that such organization is ready and able to maintain such open space in reasonable condition, the municipality shall cease to maintain said open space at the end of said year. If the governing body shall determine that such organization is not ready and able to maintain said open space in a reasonable condition, the municipality may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the governing body in any such case shall constitute a final administrative decision subject to judicial review.

(c) The cost of such maintenance by the municipality shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien and shall become a tax lien on said property and be added to and be part of the taxes to be levied and assessed thereon and shall be enforced and collected, with interest, by the same officers and in the same manner as other taxes.

(d) It shall be the responsibility of the owner of the common open space to maintain, in addition to the common open space, all off-street parking, loading and unloading areas, driveways, aisles, sidewalks and accessways in good condition, free of litter and refuse, potholes, cracked pavement, ice, snow or other seasonal hazards, etc. All lighting, bumpers, markings, signs, drainage and landscaping shall be in good condition. If the owner fails to undertake repairs after proper notification by the Construction Official, the governing body may authorize repairs to be made at the owner's expense if, in the governing body's opinion, conditions constitute a hazard to the safety and welfare of the municipality, residents and visitors.

T. Administrative and jurisdictional provisions.

(1) Application for a Townhouse District permitted use shall be made before the Borough of Wanaque Planning Board in accordance with its rules and provisions for such application except as modified herein. The fee for such application shall be $75 per proposed dwelling unit. At the time of application for final approval, an additional fee of $25 per proposed unit shall be paid. In addition to the information required by the Planning Board in its applications, the landowner or entity having recognizable interest in the land shall set forth the following:

(a) The name and address of landowner.

(b) The location and size of the site.

(c) The nature of the landowner's interest in the land proposed for development.

(d) The overall density of the project.

(e) The density of the land used to be allocated to parts of the site to be developed.

(f) The location and size of the common open space and the formation of organizations proposed to own and maintain any common open space.

(g) The use, approximate height, bulk and location of the buildings and other structures.

(h) The topography and location of any natural features found on the site.

(i) Environmental impact statement of the effect of the project on the environment. Such statement shall generally include, but not limited to:

[1] An inventory of the existing environmental conditions of the project site and of the surrounding regions which shall describe air quality, water quality, water supply, hydrology, geology, soils, topography, vegetation, wildlife, aquatic organisms, ecology, demography, land use, aesthetics, history and archaeology.

[2] A project description which shall specify what is to be done during construction and operation and how it is to be done.

[3] A listing of all licenses, permits or other approvals as required by law and the status of each.

[4] An assessment of the probable impact of the project on all topics discussed above in Subsection T(1)(i)[1] of this section.

[5] A listing of all adverse environmental impact which cannot be avoided.

[6] Steps to be taken to minimize adverse environmental impacts during construction and operation both at the project site and on the surrounding region.

[7] Alternatives to all or any part of the project with reasons for acceptability or nonacceptability.

(j) Feasibility of proposed provisions for distribution of sanitary waste and stormwater and the control of soil erosion and sedimentation.

(k) The substantive covenants, grants of easements or other restrictions proposed to be imposed upon the user of the land, buildings and structures, including proposed easements or grants for public utilities.

(l) Provisions for parking vehicles and the location of proposed streets and public ways.

(m) The required modifications from the Borough's land use regulations otherwise applicable to the subject property.

(n) The materials to be used on the exterior of all buildings and structures and landscape plans.

(o) In the case of plans which call for development over a period of years, a schedule showing the proposed times within which applications for a final approval of all sections of the development are intended to be filed.

(2) Any conditions or approvals granted by the Planning Board shall be further conditioned and subject to a developer's agreement to be negotiated between the developer and the Borough Council, concerning and relating to appropriate bond assurances for the construction and improvements, both on-site and off-site, together with any other matters that may be properly the subject of a developer's agreement as may be required by the Planning Board. The applicant shall pay and be responsible to pay reasonable attorney's fees of the Borough of Wanaque's Borough Council in preparing such developer's agreement.

(3) Except as specifically modified herein, any application for a Townhouse District shall be processed and reviewed pursuant to procedures and standards contained herein and as set forth in the Site Plan Ordinance and other zoning ordinances of the Borough of Wanaque and, where applicable, Chapter 98, Subdivision and Land Development, and the laws, rules and regulations of any other governmental entity having jurisdiction over the subject matter. The Planning Board may engage, at the cost and expense of applicant and/or developer all necessary experts to assist the Planning Board in a review of any aspects of this application.

(4) In addition to the other requirements set forth herein, the applicant for a Townhouse District shall submit a comprehensive, conceptual site plan of the entire area proposed to be developed. Said plan shall be in accordance with the terms of this section and with the terms of the zoning ordinances, site plan ordinances, subdivision ordinances, laws, rules and regulations of any other governmental entity having jurisdiction over the subject matter. The comprehensive plans required under this section and pursuant to this chapter shall be submitted as part of a preliminary site plan application.

U. Off-tract improvements shall be governed by the site plan review and subdivision of land ordinances of the Borough of Wanaque.

V. The applicant shall, at the time of his application, submit proof of payment of all taxes assessed with respect to the land forming the subject of the application, on a current status, together with all other assessments and sewerage charges.

W. Affordable housing regulations.

(1) At least 10% of the total number of units shall be made affordable and sold or rented to low-income persons, and at least 10% of the total number of units shall be made affordable and sold or rented to moderate-income persons.

(a) "Low income" is defined as having total gross household income equal to 50% or less of the median household income for households of the same size using the median income data for household size approved by the New Jersey Council on Affordable Housing for the region, which includes the Borough of Wanaque.

(b) "Moderate income" is defined as having total gross household income between 50% to 80% of the median household income for households of the same size for the region which includes Borough of Wanaque, using the median income data for household size approved by the New Jersey Council on Affordable Housing (COAH).

(c) "Affordable" means a sales price or rent within the means of a low- or moderate-income household as defined by the New Jersey Council on Affordable Housing in N.J.A.C. 5:92-12.12(b) and (d). An owner sale price shall be determined such that the initial price of a low and moderate owner-occupied single-family housing unit shall be established so that after a down payment of 10%, the monthly principal, interest, taxes, insurance, condominium fees and utilities do not exceed 28% of an eligible gross monthly income. Rental is computed at 30% of the gross monthly income, including utilities.

(2) In determining affordable rents and sale prices, the following criteria shall be used:

(a) Efficiency units shall be affordable to one-person households.

(b) One-bedroom units shall be affordable to two-person households.

(c) Two-bedroom units shall be affordable to three-person households.

(d) Three-bedroom units shall be affordable to five-person households; and

(e) Four-bedroom units shall be affordable to seven-person households.

(3) The following distribution of prices shall be provided for in the Borough, as best as practical, for the purchase using for every 20 low- and moderate-income unit:

(a) Low:

[1] One at 40: 42.5%.

[2] Three at 42.6: 47.5%.

[3] Six at 47.6: 50%.

(b) Moderate:

[1] One at 50.1: 57.5%.

[2] One at 57.6: 64.5%.

[3] One at 64.6: 68.5%.

[4] One at 68.6: 72.5%.

[5] Two at 72.6: 77.5%.

[6] Four at 77.6: 80%.

(c) However, for initial occupancy, priority shall be given to those low- and moderate-income households that fall within the median income categories delineated above.

(d) Average price of low- and moderate-income units within inclusionary development shall be, as best as practicable, affordable to households at 57.5% of the median income.

(4) At least 35% of all low- and moderate-income units shall be two-bedroom units; at least 15% of all low- and moderate-income units shall be three-bedroom units; and no more than 20% of all low- and moderate-income units may be efficiency units.

(5) At least 1/2 of all units devoted to low- and moderate-income households within inclusionary development shall be affordable to low-income households. At least 1/2 of all units in each bedroom distribution and 1/2 of all rental units shall be available for low-income households. To the best extent feasible, at least 1/2 of all rehabilitated units shall be for low-income households.

(6) Within the Borough of Wanaque, up to 25% of the calculated fair share obligation, less any units transferred by way of a regional contribution, may be dedicated to age-restricted housing units and/or alternative living arrangements. The unit credit for alternative living arrangements shall be the bedroom. Therefore, if two or more people share a bedroom, the municipality shall receive credit for one unit against its fair share obligation.

(7) Phasing.

(a) A developer shall submit a phasing schedule for the construction of low- and moderate-income housing units and shall be in accordance with the following schedule:

	Minimum Percentage of Low and Moderate Income Completed	Percentage of Market Housing Units Completed
	0	25
	10	25 + 1 unit
	50	50
	75	75
	100	90
	-9	100

(b) The developer may construct the first 25% of the market units without constructing any affordable housing units. No certificates of occupancy shall be issued for any of the second 25% of the market units until 10% of the affordable units (of which half must be very low income) shall have been issued certificates of occupancy. No certificates of occupancy shall be issued for any of the third 25% of the market units until at least 50% of the affordable units (of which half must be very low income) have been issued certificates of occupancy. No certificates of occupancy shall be issued for any of the final 25% of the market units until at least 75% of the affordable units (of which half must be very low income) have been issued certificates of occupancy. Before the last 10% of the market units have been issued certificates of occupancy, 100% of the required affordable units shall have been issued certificates of occupancy. The affordable dwelling units shall be designated on the preliminary site plan and shall have compatible exteriors to the market units.

(8) Covenants and controls on sales and rentals.

(a) All affordable dwelling units shall be covered by covenant, with the Borough as a party beneficiary, to ensure that, in all initial sales and rentals and in all subsequent resales and re-rentals, the units will continue to remain available and affordable to the low- and moderate-income households for which they were intended. The Council on Affordable Housing standard Affordable Housing Agreement and Second Repayment Mortgage, appended to this chapter,[3] shall be used as the standard agreement between the Borough and potential buyer or renter. All such covenants shall be approved by the Borough Attorney.

[3] Editor's Note: These documents are on file in the Borough offices.

(b) The application for the issuance of a certificate of occupancy for any new designated affordable housing unit shall include certification by the designated Borough Official documenting the eligibility of the unit and the qualification of the new purchaser and/or occupant as a lower-income household.

(c) Prior to any resale or transfer of ownership or change of occupancy of a designated affordable housing unit, application shall be made for a new certificate of occupancy. The application for a certificate of occupancy shall include certification by the designated Borough Official documenting the continued eligibility of the unit and the qualification of the new purchaser and/or occupant as a lower-income household.

(d) Affordable rental units may be leased for periods of up to, but not exceeding, one year. At least 60 days prior to the expiration of each lease which is subject to renewal, the owner of any affordable rental unit shall provide documentation to the designated Borough Official that the rental unit continues to be occupied by and remains affordable to a lower-income household. At such time as an owner of a rental unit is informed by the designated Borough Official that the occupying household no longer qualifies as lower income, the rental units shall, within 90 days, be made available for occupancy by a qualified household.

(e) All requests for certification shall be made by the seller or owner, in writing, and the designated Borough Official shall grant or deny such certification within 30 days of the receipt of the request.

(f) The Borough shall develop reasonable administrative procedures for qualifying the occupants of affordable housing. Procedures shall be directed and administered by the Mayor and Council and a designated Borough Official, appointed by the Mayor and Council. The Housing Officer may be a full- or part-time Borough employee or consultant, an outside agency or a housing authority.

(g) The restrictive covenant governing the deeds of low- and moderate-income units shall include an option permitting purchase of the affordable housing unit at the maximum allowable restricted sales price at the time of the first nonexempt sale after controls on affordability have been in effect on the unit for the period specified in N.J.A.C. 5:92-12.1. The option to buy shall be available to the municipality, the Department of Community Affairs, the Agency or a qualified nonprofit organization as determined by the Council.

(h) All restrictive covenants governing low- and moderate-income units shall require the owner to notify the authority and the Council by certified mail of any intent to sell the unit 90 days after controls have been in effect on the housing unit for the period specified in N.J.A.C. 5:92-12.1. Upon receipt of such notice, the option to buy the unit at the maximum allowable restricted sales price shall be available for 90 days. The authority shall notify the municipality, the Department of Community Affairs, the Agency and the Council that the unit is for sale. If the municipality exercises this option, it may enter into a contract of sale. If the municipality fails to exercise this option within 90 days, the first of the other entities giving notice to the seller of its intent to purchase during the 90 days shall be entitled to purchase the unit. If the option to purchase the unit at the maximum allowable restricted sales price is not exercised by a written offer to purchase the housing unit within 90 days of receipt of the intent to sell, the owner may proceed to sell the housing unit. If the owner does not sell the unit within one year of the date of the delivery of notice of intent to sell, the option to buy the unit shall be restored and the owner shall be required to submit a new notice of intent to sell 90 days prior to any future proposed date of sale.

(i) An eligible seller of a low- and moderate-income unit which has been controlled for the period established in N.J.A.C. 5:92-12.1, who has provided notice of an intent to sell, may proceed with the sale if no eligible entity as outlined in N.J.A.C. 5:92-12.3(c) and 5:92-12.6 exercises its option to purchase within 90 days.

(j) Subject to N.J.A.C. 5:92-12.8, the seller may elect to:

[1] Sell to a qualified low- and moderate-income household at the controlled unit sales price in accordance with existing council rules, provided that the unit is regulated by the restrictive covenant and lien adopted by the Council for a period of up to 20 years; or

[2] Exercise the repayment option and sell to any purchaser at market prices, provided that 95% of the price differential is paid to the authority as an instrument of the municipality at closing.

(k) If the sale will be to a qualified low- and moderate-income household, the authority shall certify the income qualifications of the purchaser and shall ensure that the housing unit is regulated by the restrictive covenant and lien required by the Council.

(l) The authority shall examine any control of sale containing a repayment option to determine if the proposed sales price bears a reasonable relationship to the housing unit's fair market value. In making this determination, the authority may rely on comparable sales data or an appraisal. The authority shall not approve a contract of sale where there is a determination that the sales price does not bear a reasonable relationship to fair market value. The authority shall make a determination within 20 days of receipt of the contract of sales and shall calculate the repayment option payment.

(m) The authority shall adopt an appeal procedure by which a seller may submit written documentation requesting the authority to recompute the repayment obligation if the seller believes an error has been made or to reconsider a determination that a sales price does not bear a reasonable relationship to fair market value. A repayment obligation determination made as a result of an owner's appeal shall be a final administrative determination of the authority.

(n) The repayment shall occur at the date of closing and transfer of title for the first nonexempt transaction after the expiration of controls of affordability.

(o) Repayment proceeds shall be deposited in a trust account devoted solely to the creation, rehabilitation or maintenance of low- and moderate-income housing. Money deposited in trust accounts may not be expended until the municipality submits and the Council approves a repayment housing plan. The Council may approve the repayment housing plan if it determines that it provides a realistic opportunity for the creation, rehabilitation or maintenance of low- and moderate-income housing.

(9) The developer, in conjunction with the Mayor and Council, shall formulate and implement a written affirmative marketing plan acceptable to the Mayor and Council and in accordance with COAH requirements. The Borough of Wanaque shall have the primary responsibility for developing and implementing an affirmative marketing program that addresses the occupancy preference requirement. The affirmative marketing plan shall be realistically designed to ensure that lower-income persons of all races and ethnic groups are informed of the housing opportunities in the development and feel welcome to seek to buy or rent such housing. It shall include advertising and other outreach activities realistically designed to reach the low- and moderate-income families. The plan shall include advertisement in newspapers, periodicals and other advertising media.

(10) The Borough Council shall, at its discretion, provide by ordinance an Affordable Housing Board established to enforce the foregoing provisions with respect to initial sales and resales controls contained in these general regulations.

(a) Where the number of applicants exceed the number of low- and moderate-income units available, the sale or rental of such units shall be in accordance with the date of application submitted, with earlier applicants being given preference over later applicants and in accordance with the affirmative marketing program provisions as discussed in Subsection W(9). The distribution of available units shall be consistent with the proportion of income categories as provided.

(b) All applicants for the purchase or rental of low- and moderate-income units shall meet the income qualifications established in this chapter at the time the application is filed and shall be qualified at the time of taking title or occupancy.

(11) In the event that a nonexempt sale of an owner affordable unit cannot be sold or rented, as applicable, within 90 days of notifying the designated Borough Official of the availability of the unit, the Borough may purchase the unit pursuant to N.J.A.C. 5:92-12.7. If the Borough does not purchase the unit, the seller may apply to the Mayor and Council for relief. The application shall provide evidence of the sellr's having undertaken an affirmative marketing effort, consistent with the affirmative marketing program approved by the Mayor and Council, to sell or rent the unit. Relief to the seller shall not include exempting the unit from the required low- (moderate-) or very-low- (low-) income sales price or rent level, nor shall relief include exempting the unit from restrictions on appreciation allowable upon resale or restrictions on escalation allowable upon rerental. However, the Council may allow the seller to sell or rent the subject unit to a household whose income exceeds that otherwise required, provided that in no event shall an affordable housing unit be sold or rented to a household earning in excess of 80% of the applicable median income.

(12) An action of foreclosure by a financial institution regulated by state and/or federal law shall extinguish controls on affordable housing units. Notice of foreclosure shall allow the Borough to purchase the affordable housing unit at a maximum permitted sales price.

(13) In the event of a foreclosure sale, the purchaser of the affordable housing unit shall be obligated to pay to the municipal Housing Fund the difference between the maximum price permitted at time of foreclosure and the amount necessary to redeem the debt to the financial institution, with foreclosure costs.

(14) Optional compliance provisions. The Mount Laurel or affordable housing requirement obligation attached to or required by each site within this district may be met, on a site-by-site basis, through means other than on-site set-aside. However, any Mount Laurel or affordable housing implementation technique, other than the standard set-aside, shall be at the discretion of the Mayor and Council. Such optional compliance program shall be in accordance with the following guideline requirements:

[Added 3-15-1994 by Ord. No. 5-93-94]

(a) At the request of the applicant, the Borough Council may, as part of the developer's agreement:

[1] Accept an optional compliance proposal for the off-site provision of the required number of low- and moderate-income housing units in the form of cash in lieu of on-site construction to support the rehabilitation of existing low and moderate rental housing units;

[2] Transfer such rehabilitation assistance funds to another community;

[3] Transfer to another community such funds or assistance in that community's provision of low- or moderate-income housing units;

[4] Retain the same in trust for the provision of such low- and moderate-income housing units by the Borough elsewhere in the Borough of Wanaque; or

[5] Any combinations of the above.

(b) In accordance with COAH's substantive regulations, the total number of transferred units shall not exceed 50% of the Borough of Wanaque's fair share obligation as provided in the Borough of Wanaque's housing plan.

X. Conflicts with other ordinances. Where there is any conflict between the provisions of this section and the provisions of the Site Plan Ordinance and/or the Land Subdivision Ordinance, the provision of this section shall prevail.

Y. Violations and penalties. Any person who violates any provisions of this section shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

§ 114-14.4 SBD-2 Zone.

[Added 9-14-1998 by Ord. No. 15-0-98; amended 11-12-2001 by Ord. No. 17-0-01; 12-14-2009 by Ord. No. 23-0-09[1]]

The RD-1 Zone is hereinafter to be referred to as the SBD-2 Zone.

A. This zone is designed to provide for service business uses generally situated in the vicinity of other business or retail/commercial uses and providing convenient access to the community.

(1) Service establishments. The specific intent of the Service Business District-2 Zone is to allow for the mix of retail stores, including banks and restaurants, and professional, commercial and general office uses. As such, this is a mixed-use zone allowing for both retail stores and professional offices. The principal uses permitted in this redevelopment area are mixed-use service businesses comprised of retail and professional, general, commercial and general offices. These dwellings are to be built and occupied in accordance with Subsection C(3), (4), (5) and (6).

(2) Banks and savings institutions are permitted.

(3) Restaurants with drive-through windows are permitted.

(4) Hotels and motels are permitted as a conditional use.

B. Accessory uses are any uses which are subordinate to, but related and customarily and incidental to, the principal uses, including the following:

(1) Signs as otherwise regulated in the Borough ordinances.

(2) Banquet facilities, restaurants, conference facilities, health facilities, swimming pools and retail shops in connection with a hotel.

C. Prohibited uses include the following:

(1) Outdoor storage.

(2) Overnight parking of vehicles, except in conjunction with the auto or truck rental use facility.

D. Area, bulk and yard requirements are hereby set forth:

(1) Retail stores, banks and saving institutions, restaurants and other service businesses as shall have the following bulk and area requirements and standards:

(a) Minimum lot area: one acre.

(b) Maximum building coverage: 50%.

(c) Maximum impervious surface coverage: 85%.

(d) Minimum open space: 10%. (Landscaped areas may account for 5% of the nonimpervious surface area.)

(e) Maximum building heights: 2 1/2 stories/44 feet.

(f) Minimum lot frontage: 100 feet.

(g) Minimum yard setbacks:

[1] Front yard: 50 feet.

[2] Side yard: 25 feet.

[3] Rear yard: 25 feet.

(2) Hotels as follows:

(a) Minimum lot area: 1.5 acres.

(b) Maximum building coverage: 25%.

(c) Maximum impervious surface coverage: 75%.

(d) Minimum open space: 25%.

(e) Maximum building height: four stories/40 feet.

(f) Minimum lot frontage: 200 feet.

(g) Minimum yard setbacks:

[1] Front yard: 50 feet.

[2] Side yard: 50 feet.

[3] Rear yard: 20 feet.

E. Parking and loading requirements are as follows:

(1) Parking requirements are as follows:

(a) Retail stores: one space/250 square feet.

(b) Banks and savings institutions: one space/400 square feet.

(c) Full-service restaurants: one space per four patrons, plus one space per two employees.

(d) Fast-food restaurants: one space/75 square feet.

(e) Hotels: one space/guest room; plus one space/employee; plus one space/300 square feet of gross conference floor area.

(2) Loading requirements are as follows:

(a) Retail stores, restaurants shall provide one loading space.

(b) Banking and financial institutions: two loading spaces for the first 200,000 square feet of gross floor area of a principal building, plus one loading space for each additional 150,000 square feet or a major fraction thereof; a minimum of two per building.

(c) Hotel and motels: one loading space for the hotel facility, plus one loading space for any restaurant facility.

F. Several supplemental regulations are incorporated to insure contemporary planning and development standards are utilized in developing this area:

(1) Parking lot landscaping requirements. Parking lots shall be designed to provide landscaping in the form of shrubs and shade trees in the amount of 20 square feet per parking space provided. The landscaping of the parking lot shall be exclusive of any landscaping provided in the required yard setbacks.

(2) Parking within the required side yard setback. Where an integrated parking lot and circulation plan are proposed between more than one use and/or lot, parking may be extended to the property line along the interior side yard between the properties.

(3) Street trees. Street trees at a size of 2 1/2 inches to three inches caliper shall be provided along all driveways, entrances, and streets at a rate of one tree for every 30 feet, exclusive of all sight triangle areas.

(4) Buffer requirements. A buffer, inclusive of the required yard setback, of not less than 25 feet shall be provided and maintained from all existing residential uses or zones. Said buffer area shall be kept in its natural state where wooded, and where natural vegetation is sparse or nonexistent, evergreens eight feet in height in two staggered rows, 10 feet on center, shall be planted in the area to provide a year-round natural screen.

[1] Editor's Note: This ordinance also provided that those properties located in the RD-1 Zone in the Borough of Wanaque, not included in the redevelopment plan creating the SBD-2 Zone and not otherwise included in a new zoning district, shall maintain their previous zoning.

§ 114-14.5 RD-2 Zone.

[Added 9-14-1998 by Ord. No. 15-0-98]

This zone is established to provide and promote suitable corporate development opportunities and promote improved land use which is compatible with the surrounding land uses while taking advantage of its strategic location to I-287. Various types of nonresidential land uses are to be developed and the utilization of a general development plan in accordance with N.J.S.A. 40:55D-45 is encouraged. Development in the park shall be planned with a comprehensive design to ensure compatibility between uses, the site's environmental constraints and the surrounding community. It is the intention of this zone to provide for integrated land use development that utilizes only one main access roadway to Union Avenue for the entire district in order to promote the safe and efficient movement of traffic.

A. General development plan is required and provides the following:

(1) Application for general development plan approval shall be made in accordance with N.J.S.A. 40:55D-45.3 and shall be at the option of the applicant in accordance with the regulations and procedures described in this section pertaining to a general development plan.

(2) Procedure for approval of a general development plan.

(a) Planning Board review. The Planning Board shall review an application for general development approval of a planned development within the RD-2 Zone in the following manner:

[1] Notice. Public notice of a hearing of an application for planned development shall be given as required by statute in accordance with N.J.S.A. 40:55D-12.

[2] Time if action. Upon submission to the administrative officer of a complete general development plan application for planned development, the Planning Board shall grant or deny the general development plan within 95 days of the date of submission of a complete application or within such further time as may be consented to by the applicant pursuant to N.J.S.A. 40:55D-45 et seq. Failure of the Board to act within the prescribed time shall constitute general development plan approval.

[3] Preliminary and final approval shall be required for each development section pursuant to the terms of this section.

(b) Required submission. A complete application in the form established by the Planning Board containing the following information:

[1] The name of the developer.

[2] Proof that the property taxes pertaining to the subject property have been paid to date.

[3] A corporate or partnership disclosure statement, where applicable, in accordance with the provision of N.J.S.A. 40:55D-48.1 and 40:55D-48.2.

[4] An overall development plan consisting of the following:

[a] A land use plan, at a scale of one inch to 100 feet, indicating the tract area and general location of land uses to be included in the planned development; the general location of land uses and buildings/structures for the entire planned development.

[b] A circulation plan indicating the general location and types of transportation facilities, including facilities for pedestrian access within the site and mass transit pickup and discharge facilities.

[c] A proposed sequence plan, establishing the order in which the various phases of the overall planned development will come before the Planning Board for preliminary and final site plan approval.

B. Standards for subdivision and site plan approval are as follows:

(1) In the event that the developer does not submit a general development plan application pursuant to Subsection A, an application for subdivision or site plan approval for the entire tract within the RD-2 Zone shall be deemed complete pursuant to the provisions of N.J.S.A. 40:55D-10.3 upon submission by the applicant of a site plan or subdivision plan and of the information required in Subsection A(2)(b)[4] to the extent the information is not provided on the site plan. In the event that the application is only for a section of the development, the information required in Subsection A(2)(b)[4] shall be provided for that section, together with sufficient conceptual information with respect to Subsection A(2)(b)[4] criteria for the remainder of the development.

C. Coordinated RD-2 Zone access is required as follows:

(1) There shall be only one main access roadway to the RD-2 Zone from Union Avenue which shall service all the proposed lots within the RD-2 Zone. Those lots having direct access to Union Avenue may provide the required access to Union Avenue in the form of independent entrance driveways. The main vehicular spine shall have a right-of-way width of 60 feet and shall be constructed to Borough standards, pursuant to the Borough's Code requirements, Engineer's review and Fire and Police Departments review. All lots shall access the main roadway in an acceptable traffic configuration.

D. Principal permitted uses are restricted to the following:

(1) No building or structure shall be erected and no existing building or structure shall be reconstructed, moved, altered, added to or enlarged, nor shall any land, building or structure be designed, used or intended to be used other than as follows:

(a) Corporate office and professional office.

(b) Research laboratories and offices.

(c) Educational campus.

(d) Hospital/medical facilities.

(e) Banking and financial institutions.

(f) Day-care for children and adults.

(g) Health and fitness facilities.

(h) Hotels and conference centers.

(i) Business park convenience centers in conjunction with a planned development which is located and accessed in a fashion as to serve the business park user and not the public in general. Convenience center uses include convenience stores, bank and fiduciary institutions, personal service establishments such as dry-cleaning and laundry collection shops, hairstyling shops, tailoring and dressmaking shops, shoe repair shops, florist shops, gift shops and pharmacies.

E. Accessory uses are any uses which are subordinate to but related and customarily and incidental to the principal uses, including the following:

(1) Signs as otherwise regulated in the Borough ordinances.

(2) Dining facilities as part of a permitted use.

(3) Banquet facilities, restaurants, health facilities, swimming pools, and retail shops in connection with a hotel.

(4) Employee day care and health fitness facilities.

F. Conditional uses are permitted within the RD-2 Zone provided that they meet the specified criteria as follows:

(1) Warehouses for on-premises establishments subject to the following requirements:

(a) The warehouse use shall not exceed 25% of the total floor area in a building.

(b) The warehouse use shall be located on the ground floor and shall not exceed 50% of the total gross ground floor area and shall be located at the rear of a building.

(c) Parking shall be provided at a ratio of one space for every two employees, but not less than one space for every 2,000 square feet of warehouse floor area.

G. Prohibited uses consists of the following:

(1) Outdoor storage of any kind.

(2) Overnight or storage or parking of vehicles.

H. Area, bulk and yard regulations are as follows:

(1) Minimum lot size: five acres.

(2) Maximum building coverage: 25%.

(3) Maximum impervious surface coverage: 50%.

(4) Minimum open space: 25%.

(5) Maximum building height: four stories per 60 feet.

(6) Minimum lot frontage: 250 feet.

(7) Minimum yard setbacks:

(a) Front yard: 50 feet.

(b) Side yard: 50 feet.

(c) Rear yard: 50 feet.

I. Parking and loading requirements are as follows:

(1) Parking requirements are as follows:

(a) Corporate office and professional office: one space per 250 square feet.

(b) Research laboratories and offices: one space per 250 square feet.

(c) Educational campus: one space per 50 square feet.

(d) Hospitals/medical facilities: one space for each three beds, plus one for each three employees on maximum shift, plus one for each doctor on staff.

(e) Banking and financial institutions: one space per 400 square feet.

(f) Day-care for children: one space per employee, plus one space per 10 children.

(g) Day-care for adults: one space per 175 square feet.

(h) Health and fitness facilities: one space per 400 square feet.

(i) Hotels and conference centers: one space per guest room, plus one space per employee, plus one space per 300 square of gross conference floor area.

(2) Loading requirements are as follows:

(a) Corporate office and professional office uses, research laboratories and offices, hospitals/medical facilities and banking and financial institutions: two loading spaces for the first 200,000 square feet of gross floor area of a principal building, plus one loading space for each additional 150,000 square feet or a major fraction thereof; a minimum of two per building.

(b) Educational campus: one loading space devoted to the educational facilities and one loading space devoted to the dining facilities.

(c) Day-care facilities: no loading space is required.

(d) Hotel and conference centers: one loading space for the hotel and conference facilities, plus one loading space for the restaurant facility.

J. Buffer requirements are necessary to provide appropriate screening and protection for adjacent uses. These requirements are as follows:

(1) A buffer, inclusive of the required yard setback, of not less than 100 feet shall be provided and maintained from all external lot lines of any development adjacent to any residential use or zone. Said buffer area shall be kept in its natural state where wooded, and where natural vegetation is sparse or nonexistent, evergreens eight feet in height in two staggered rows, 10 feet on center, shall be planted in the area to provide a year-round natural screen.

(2) In order to determine the adequacy of any buffer, a site plan showing the limits of disturbance and indicating the limits of existing vegetation shall be submitted with any application for development. In addition, this map shall indicate those trees of three inches caliper or greater that will be removed from the entire site.

K. Supplemental regulations pertaining to parking lot landscaping and shade trees are as follows:

(1) Parking lot landscaping requirements. Parking lots shall be designed to provide landscaping in the form of shrubs and shade trees at an amount of 20 square feet per parking space provided. The landscaping of the parking lot shall be exclusive of any landscaping provided in the required yard setbacks.

(2) Street trees. Street trees at a size of 2 1/2 inches to three inches caliper shall be provided along all driveways, entrances and streets at a rate of one tree for every 30 feet, exclusive of all sight triangle areas.

§ 114-14.6 RD-3 Zone.

[Added 9-14-1998 by Ord. No. 15-0-98]

A. This zone is located adjacent to a high density single-family residential community. This area will incorporate the Borough's existing Townhouse Zone as its zoning. The Townhouse Zone permits the development of townhouse and apartment-type residential construction. This concentration of housing will act as a land use buffer between the RD-2 Zone and the existing single-family residential neighborhood. In addition, it will provide a residential basis for the extension of municipal water into this area of the Bird Sanctuary.

B. The regulations that will govern the redevelopment of this subarea are found in Chapter 114, § 114-14.3, of the Borough of Wanaque's Zoning Code.

§ 114-14.7 Affordable Housing Overlay Zone.

[Added 11-12-2001 by Ord. No. 23-0-01]

A. Purpose. The purpose of this section is to establish an overlay district to provide a realistic opportunity for the Borough of Wanaque to meet its unmet low- and moderate-income housing need, as required by the Council on Affordable Housing.

B. Lands to be included. The following tracts of the Borough are hereby included in the RD-3 Affordable Housing Overlay District: Block 423, Lots 28, 30-45; Block 428, Lots 1-4, 6, 8, 10, 13, 13.01, 14.01 and 14.06; Block 444, Lots 1-25; Block 445, Lots 1-69 and Block 446, Lots 1-5.

C. Permitted principal uses.

(1) Townhouses.

(2) Multifamily housing.

D. Permitted accessory uses.

(1) Signs as permitted by the Borough Sign Ordinance.[1]

[1] Editor's Note: See § 114-17, Signs.

(2) Off-street parking and loading as required.

(3) Private recreation areas and open space.

(4) Fences and walls.

(5) Storage and utility buildings.

E. Area, bulk and yard requirements.

(1) Minimum lot area: five acres.

(2) Minimum lot frontage along a county or municipal road: 50 feet.

(3) Minimum building setbacks from external lot lines: 25 feet.

(4) Density: 10 units per acre.

(5) Residential building requirements.

(a) Minimum distance between buildings front to front: 50 feet.

(b) Minimum distance between buildings, other: 30 feet.

(c) Minimum distance from buildings to internal roadway: 40 feet.

(d) Minimum distance to common parking area: 15 feet.

(e) Maximum building height: three stories or 40 feet, whichever is less.

(f) Maximum building length: 150 feet.

(g) Minimum horizontal breaks in building facade that varies the setback by a minimum of four feet for every 50 feet or building length. A break may consist of a balcony, patio, porch, deck or overhang.

(6) Maximum building coverage: 35%.

(7) Maximum impervious surface coverage: 50%.

F. Extensions into the required separations between buildings and setbacks from buildings to streets, parking areas and external lot lines shall be permitted as follows:

(1) By eaves with an overhang of not more than two feet.

(2) By rainwater leaders, windowsills, chimneys and other such fixtures.

(3) By bay windows not more than 12 feet wide and for a depth not to exceed 2.5 feet.

(4) By an open porch or steps leading into the building, which shall not have any sidewall or other enclosure and may have a fixed roof, canopy or other covering, limited to the dimensions of said porch.

(5) By cantilevered balconies.

G. Accessory use requirements.

(1) Accessory buildings shall meet the property line setbacks of principal buildings.

(2) Minimum accessory building setback to residential building: 20 feet.

(3) Minimum accessory building setback to another accessory building: 15 feet.

(4) Minimum setback of swimming pools, tennis courts, and other surfaced recreational facilities to external property line: 25 feet.

(5) Minimum setback of swimming pools, tennis courts, and other surfaced recreational facilities to principal buildings: 50 feet.

(6) Maximum height: 12 feet.

H. Common open space implementation requirements. A minimum of 15% of the tract/tracts shall be devoted to passive recreation/common open space. All active recreational facilities and open space shall be connected with walkways or other reasonable means of access.

I. General design standards.

(1) Buffer requirements.

(a) The developer shall provide and maintain a buffer area inclusive of the required yard of not less than 15 feet from all external lot lines of the development. The buffer area shall be kept in its natural state where wooded, and where natural vegetation is sparse or nonexistent, the area shall be supplemented and planted to provide a year-round natural vegetative screen.

(b) Only the following uses shall be permitted in a buffer area:

[1] Detention and retention basins.

[2] Underground utilities.

[3] Walkways, trails, and bicycle paths.

(c) The required buffer area shall be included for the purposes of computing compliance with the common open space requirements and yard setback requirements of this chapter.

(2) Each building and structure and each complex of the same shall have a compatible architectural theme with appropriate variations in design to provide attractiveness to the development.

(3) Walkways shall be provided between residential buildings and common parking areas. Walkways shall have a minimum width of four feet and shall meet ADA grade requirements.

(4) Adequate lighting fixtures for walks, steps, parking areas, driveways, streets and other facilities shall be provided at locations to provide for the safe and convenient use of same. Fixtures shall be situated and designated in keeping with the character of the development and shall be adequately shaded to screen windows of dwelling units, both off and on the development site, from direct and indirect light. No flashing, intermittent or moving light shall be permitted.

(5) Air conditioning units in excess of 2,500 BTU's shall be screened and insulated for aesthetic and acoustical purposes, if they are less than 10 feet from the sidewalk.

(6) Adequate sound protection between dwelling units shall be provided and designed in accordance with sound engineering principles.

(7) Landscaping.

(a) Landscaping shall be provided throughout the development site to provide a natural setting for building structures. Shade trees shall be planted adjacent to public or private roadways at thirty-foot intervals.

(b) All island or unpaved areas within a street or parking area shall be landscaped.

(c) Existing vegetation shall be retained and maintained to the greatest extent possible.

(d) Indigenous vegetation shall be chosen for its weather-tolerant and decorative qualities, as well as its ability to support native wildlife.

(e) All areas not devoted to buildings, roadways or parking areas shall be appropriately landscaped.

(8) No natural vegetation shall be disturbed except as approved by the Planning Board pursuant to a site plan approval. The site plan shall indicate the maximum area of clearing and the natural areas to be maintained.

J. Circulation and parking standards.

(1) All public streets, internal roadways and private driveways shall be in accordance with the requirements of the New Jersey Residential Site Improvement Standards.

(2) Off-street parking shall be provided in accordance with the New Jersey Residential Site Improvement Standards.

(3) Required off-street parking may be provided in private driveways and garages and surface parking lots.

(4) Said parking shall be landscaped, screened, lighted and conveniently located within 150 feet of the housing to be served, with the exception of guest parking.

K. Ownership and maintenance. The ownership and maintenance requirements of developments in the AH District shall be in accordance with the regulations of the New Jersey Department of Community Affairs.

L. Inclusionary housing obligation; inclusionary housing obligation regulations. In accordance with the Housing Element and Fair Share Plan of the Borough of Wanaque, the AH-1, AH-2 and AH-3 have the obligation to provide affordable housing as detailed below:

(1) All development in this district shall include a twenty-percent set-aside of low- and moderate-income housing units based upon a density of 12 units per acre of the total developable area in each district. At least 10% of the total number of units shall be made affordable and sold or rented to low-income persons, and at least 10% of the total number of units shall be made affordable and sold or rented to moderate-income persons as defined in the Borough's Affordable Housing Provisions Ordinance.[2]

[2] Editor's Note: See Art. XI, Affordable Housing Provisions.

(2) This obligation shall be satisfied by constructing inclusionary units within this district or the funding of units through a regional contribution agreement (RCA). However, payment in lieu of construction of affordable housing units shall not exceed 50% of the Borough's affordable housing obligation.

(3) All development is subject to the Borough of Wanaque's Affordable Housing Provisions Ordinance.[3]

[3] Editor's Note: See Art. XI, Affordable Housing Provisions.

M. Required studies.

(1) Environmental impact statement.

(2) Fiscal impact analysis study.

(3) Traffic analysis study.

§ 114-14.8 AAH Active Adult Housing District.

[Added 3-13-2000 by Ord. No. 2-0-00]

A. Purpose. The purpose of the Active Adult Housing District is to provide an additional housing option, as well as a recreational amenity for the enjoyment of the development's residents and the community at large, in the Borough of Wanaque in the form of a high-quality active adult community; and to provide for supportive and special needs housing as defined at N.J.A.C. 5:97-1.4 (a part of the COAH regulations) so as to serve an underserved population.

[Amended 12-10-2012 by Ord. No. 23-0-12]

B. Lands to be included. The following tracts are hereby rezoned and included in the Active Adult Housing District: Block 313, Lots 1, 6 and 8.01; Supportive and Special Needs Housing Overlay Zone to be located upon Block 313, Lot 2 and any portion of Lot 1.

[Amended 12-10-2012 by Ord. No. 23-0-12]

C. Definitions. For the purpose of interpretation and implementation of this section, the following words and terms shall have the definitions provided. All other words and terms in this section shall have the definitions provided in §§ 114-3 and 114-14.3C.

ACTIVE ADULT COMMUNITY

A residential community provided for permanent residents, which includes, at a minimum, a public recreation facility to be utilized and controlled by the Borough of Wanaque, in accordance with the occupancy restrictions listed in § 114-14.7G in which the residential property and the residential - related open space, recreational facilities and property all are owned by a mutual nonprofit corporation, or corporations, established pursuant to the laws of the State of New Jersey or by individuals, condominium associations or other entities, all of which shall have rules and regulations controlling the development in accordance with this chapter. Nothing shall prohibit the leasing of the public recreation facility or other open space to the Borough of Wanaque.

[Amended 7-8-2002 by Ord. No. 13-0-02]

AGE-QUALIFIED PERSON

A person who is 55 years of age or older.

BUFFER

A continuous area of open spaces, landscaped areas, fences, walls, berms or any combination thereof used to physically separate one use or property from another.

FAIR HOUSING ACT

The Fair Housing Act,[1] Federal Fair Housing Amendments Act of 1988, P.L. 100-430 (September 13, 1988) and amendments thereto, including, but not limited to the Housing for Older Persons Act of 1995, P.L. 104-76 (December 1995), and any judicial or administrative interpretations or decisions affecting said legislation.

FRONT OF BUILDING

For residential buildings where there is direct entrance from the exterior to each dwelling unit therein, the "building front" shall mean all the exterior walls that face a public or private road or common open space. Such buildings may have two fronts and no rear. For residential buildings where there is a common entrance from the exterior to all dwelling units therein, the "building front" shall mean all exterior walls in which such common entrance is located.

INTERNAL ROADWAY

A driveway providing access from an exterior public street to parking areas and/or private driveways.

PATIO

An area adjacent to a dwelling unit improved by concrete, bricks or other construction material for outdoor dining or other purposes accessory to the residential use of a dwelling unit.

PRIVATE DRIVEWAY

A driveway providing access from an internal roadway to a private garage.

SCREENING

A method of visually shielding one abutting or nearby structure or use from another by fencing, walls, berms or reasonably sized plantings.

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

D. Permitted principal uses shall be as follows:

(1) Active adult community comprised of attached and multifamily dwellings as regulated herein. These dwellings shall be occupied in accordance with § 114-14.7G.

(2) Supportive and special needs housing, to be permitted and located in the overlay zone (SNH).

[Added 12-10-2012 by Ord. No. 23-0-12]

(3) Standards of supportive and special needs housing, to be permitted and located in the overlay zone (SNH). The following bulk and property standards shall apply:

[Added 12-10-2012 by Ord. No. 23-0-12]

(a) Any dwelling built in the SHN zone shall be limited to a maximum of one three-thousand-square-foot residential structure housing individuals with special needs.

(b) The number of residential units shall not exceed six such units and 10 bedrooms, located under one continuous roof.

(c) There shall be a private drive with a landscaped entrance.

(d) The height of the structure shall not exceed 20 feet from grade; excluding chimneys, HVAC and other rooftop service units, which shall not be constructed on more than 20% of the roof surface area.

(e) Any dwelling shall be set back a minimum of 15 feet from any lot line or roadway right-of-way.

(f) All other dwelling, design and lot standards pertaining to the SNH overlay zone, including parking, stormwater control, and other site and building issues shall be determined by the Borough of Wanaque Planning Board, consistent with Borough ordinances and general law, upon application by the property owner to the Board for a development which otherwise meets the standards of this chapter.

(g) No more than one residential structure is permitted in the SNH overlay zone.

(h) No more than 12 individuals shall be permitted to occupy the residential units in any continuous twenty-four-hour period.

(i) The bulk standards and/or regulations included in § 114-14.8 are not applicable to the Supportive and Special Needs Housing (SNH) Overlay Zone.

E. Permitted accessory uses shall be as follows:

(1) Signs.

(a) Two signs identifying the development located at the entrance to such development. These signs shall have a maximum of two sign faces, each not to exceed 52 square feet per side. In the case of monument signs, the sign area shall be defined as the message area of the sign, not including the basic monument structure.

(b) Other signs shall be provided as otherwise regulated in Borough ordinances.

(2) Recreational uses, such as, but not limited to, common open spaces, walking paths, gazebos, swimming pools, putting greens and tennis courts.

(3) Golf courses, including storage and maintenance buildings.

(4) Clubhouse buildings, which may include athletic and recreational facilities, meeting rooms, club rooms and other facilities for social activities, homeowners' association offices, a wellness center, mailboxes, maintenance and equipment storage and ancillary kitchen facilities.

(5) Restaurant, catering and banquet facilities.

(6) Private and shared garages and off-street parking for private vehicles.

(7) Fences and walls.

(8) Administration, maintenance, storage and utility buildings.

F. Area, bulk and yard requirements shall be as follows:

(1) Minimum lot area: 400 acres.

(2) Minimum lot frontage along a county or municipal road: 50 feet.

(3) Minimum building setbacks from external lot lines: 100 feet.

(4) Maximum density: four dwelling units per gross acre.

[Amended 11-12-2001 by Ord. No. 22-0-01]

	(4.1)	Minimum affordable housing set aside: 223 units. [Added 11-12-2001 by Ord. No. 22-0-01]
	(4.2)	Maximum market rate: 948 units. [Added 11-12-2001 by Ord. No. 22-0-01]

(5) Maximum building coverage: 10% of total site area.

(6) Maximum total impervious coverage: 30% of total site area.

(7) Residential building requirements.

(a) Minimum distance between buildings:

[1] Not less than 1 1/2 times the proposed maximum building height.

(b) Minimum distance from buildings to internal roadway: 25 feet.

(c) Minimum distance to common parking area: 10 feet (except where parking is provided beneath building).

(d) Maximum building height: eight stories or 85 feet.

(e) Maximum building length: 425 feet.

(f) Minimum horizontal breaks in building facade: one break that varies the setback by a minimum of four feet for every 75 feet of building length. A break may consist of a balcony, patio, porch, deck or overhang.

(g) Extensions into the required separations between buildings, and setbacks from buildings to streets, parking areas and external lines shall be permitted as follows:

[1] By eaves with an overhang of not more than two feet.

[2] By rainwater leaders, windowsills, chimneys and other such fixtures.

[3] By bay windows not more than 12 feet wide and for a depth not to exceed 2.5 feet.

[4] By an open porch or steps leading into the building, which shall not have any sidewall or other enclosure and may have a fixed roof, canopy or other covering, limited to the dimensions of said porch.

[5] By a patio, provided that the surface shall be not more than 18 inches above the ground level and that the improved area shall be without walls and railings, and shall be without a roof, canopy or other fixed covering.

[6] By cantilevered balconies.

(8) Accessory use requirements.

(a) Accessory buildings shall meet the property line setbacks of principal buildings.

(b) Minimum accessory building setback to residential buildings: 25 feet.

(c) Minimum accessory building setback to another accessory building: 15 feet.

(d) Minimum setback of swimming pools, tennis courts and other surfaced recreation facilities to external property lines: 50 feet.

(e) Clubhouse buildings.

[1] Minimum setback to internal roadway: 25 feet.

[2] Minimum setback to common parking areas: 10 feet.

[3] Maximum height: 45 feet.

(f) Accessory buildings (other than clubhouses).

[1] Maximum height: 20 feet.

G. Occupancy restrictions.

(1) Age restrictions.

(a) All housing with the AAH District is subject to an age restriction whereby at least 80% of occupied units in the district shall be occupied by at least one person 55 years of age or older.

(b) The individual or individuals over the age of 48, or residing with a spouse over the age of 48, provided that 80% of the units within the adult community project are occupied by persons age 55 years or over.

(c) In accordance with the exemption under the Fair Housing Act,[2] no permanent resident shall be under the age of 19.

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

(2) The foregoing occupancy restriction is intended to qualify all housing within the district as "55 or Over Housing" under the "Housing for Older Persons Act" exemption of the Fair Housing Act.

(3) This restriction shall not apply to resident employees such as a manager or superintendent.

(4) The foregoing occupancy restriction shall be set forth in a master deed or other recorded instrument applicable to all of the dwellings in the development. The master deed or other recorded instrument shall contain procedures governing the sale, transfer and rental of units within the district so that the developer and homeowners' association can enforce the occupancy restrictions set forth herein. The master deed or other recorded instrument may be recorded on a phased basis as long as the above occupancy restriction applies to every dwelling within the phase. The above occupancy restriction also shall be set forth or referred to in every deed conveyance to an individual dwelling unit in the development.

H. Common open space implementation requirements.

(1) A minimum of 1.0 acres of active or passive recreation space shall be provided for each 15 acres of gross site area.

(2) Active recreation space shall be improved with facilities, buildings and structures for indoor and outdoor recreational activities consistent with the residential character of the development and the lifestyle needs of the residents therein.

(3) All active open space shall be connected to residential areas with walkways or other reasonable means of access.

I. General design standards.

(1) Buffer.

(a) The developer shall provide and maintain a buffer area inclusive of the required yard of not less than 50 feet from all external lot lines of the development. The buffer area shall be kept in its natural state where wooded, and where natural vegetation is sparse or nonexistent the area shall be supplemented and planted to provide a year-round natural vegetative screen.

(b) Only the following uses shall be permitted in a buffer area:

[1] Detention and recreational basins.

[2] Underground utilities.

[3] Walkways, trails, bicycle paths, golf paths/cartways.

(c) The required buffer area shall be included for the purpose of computing compliance with the common open space requirements and yard setback requirements of this chapter.

(2) Each building and structure and each complex of the same shall have a compatible architectural theme with appropriate variations in design to provide attractiveness to the development.

(3) Landscaping.

(a) Landscaping shall be provided throughout the development site to provide a natural setting for building structures and recreational facilities.

(b) All island or unpaved areas within a street shall be landscaped.

(c) Existing vegetation will be retained and maintained to the greatest extent possible.

(d) Indigenous vegetation shall be chosen for its weather tolerant and decorative qualities, as well as its ability to support native wildlife.

(4) Walkways shall be provided between residential buildings and common parking areas. Walkways shall have a minimum width of four feet and shall meet ADA grade requirements.

(5) No natural vegetation shall be disturbed except as approved by the Planning Board pursuant to a site plan application. The site plan shall indicate the maximum area of clearing and the natural areas to be maintained.

(6) Adequate lighting fixtures for walks, steps, parking areas, driveways, streets and other facilities shall be provided at locations to provide for the safe and convenient use of the same. Fixtures shall be situated and designated in keeping with the character of the development and shall be adequately shaded to screen windows of dwelling units, both off and on the development site, from direct and indirect light. No flashing, intermittent, moving light shall be permitted.

(7) Air-conditioning units in excess of 2,500 Btu's shall be screened and insulated for aesthetic and acoustical purposes if they are less than 10 feet from sidewalks.

(8) Adequate sound protection between dwelling units shall be provided and designed in accordance with sound engineering principles.

J. Circulation and parking standards.

(1) All public streets, internal roadways and private driveways shall be in accordance with the requirements of the New Jersey Residential Site Improvement Standards.

(2) A gatehouse may be located at the entrance to a development in the AAH District.

(3) All developments in this district shall provide two points of ingress and egress. One of these access points may be for emergency use only.

(4) Off-street parking shall be provided in accordance with the New Jersey Residential Site Improvement Standards.

(5) Required off-street parking may be provided in private driveways and garages, common garages under residential buildings and surface parking lots.

(6) Said parking shall be landscaped, screened, lighted and conveniently located within 150 feet of the housing to be served with the exception of guest parking.

K. Ownership and maintenance. The ownership and maintenance requirements of developments in the AAH District shall be in accordance with the regulations of the New Jersey Department of Community Affairs.

L. In accordance with the Housing Element and Fair Share Plan of the Borough of Wanaque, the AAH has the obligation to provide affordable housing as detailed below:

[Amended 11-12-2001 by Ord. No. 22-0-01]

(1) All development in the AAH shall include a twenty-percent set-aside of low- and moderate-income housing units based upon a density of 12 units per acre of the total developable area in each district. At least 10% of the total number of units shall be made affordable and sold or rented to low-income persons, and at least 10% of the total number of units shall be made affordable and sold or rented to moderate-income persons as defined in the Borough's Affordable Housing Provisions Ordinance.[3]

[3] Editor's Note: See Art. XI, Affordable Housing Provisions.

(2) This obligation shall be satisfied by constructing inclusionary units within the AAH District or the funding of units through a regional contribution agreement (RCA). However, payment in lieu of construction of affordable housing units shall not exceed 50% of the Borough's affordable housing obligation.

(3) All development is subject to the Borough of Wanaque's Affordable Housing Provisions Ordinance.[4]

[4] Editor's Note: See Art. XI, Affordable Housing Provisions.

M. Developments subject to applicable ordinances. Any development in the Active Adult Housing District shall be subject to all applicable ordinances of the Borough of Wanaque. Where there is any conflict between the provisions of this section and the provisions of the Site Plan Ordinance and/or the Land Subdivision Ordinance,[5] the provision of this section shall prevail.

[5] Editor's Note: See Art. VI, Site Plans, of this chapter and Ch. 98, Subdivision and Land Development.

N. Date of effect. This section shall take effect upon final passage, approval and publication as required by law.

O. Required studies. Each major site plan application for uses permitted pursuant to this section shall include the following:

(1) Environmental impact statement.

(2) Fiscal impact analysis study.

(3) Traffic analysis study.

(4) Capacity analysis study.

P. Golf course requirements: to be considered by the Planning Board at a future date.

§ 114-14.9 R-87 District.

[Added 3-13-2000 by Ord. No. 2-0-00]

The R-87 District shall apply to Blocks 102, 103, 103.01, 103.02, 103.03, 104, 105 and 106.

A. Permitted primary uses shall be as follows:

(1) One-family dwellings.

(2) Municipal parks, public recreation facilities and other similar uses.

B. Permitted accessory uses shall be as follows:

(1) Private garages.

(2) Normal residential storage structures not in excess of 100 square feet.

(3) Animal shelters for domestic pets not in excess of 50 square feet of floor area.

(4) Other normal residential structures, such as swimming pools, greenhouses, tennis courts and uses customarily associated with the above uses, provided that such accessory uses are clearly subordinate to the principal use, do not change the character of the principal use and serve only the principal use. Habitable rooms shall not be permitted as part of any accessory use, building or structure.

(5) Home professional offices and home occupations which are limited to no more than 25% of the first floor gross floor area or 750 square feet, whichever is less. Such home occupation shall permit, as user, only the residents of the home. In addition, such use shall not require a demand for parking other than the vehicles for the permitted principal use.

(6) Parking areas and access driveways for nonresidential uses which are permitted in the zone.

C. Development standards.

(1) The maximum permitted density of development shall be one unit per two acres.

(2) The maximum infrastructure disturbance for major subdivision developments shall be 10% of the entire tract under consideration.

(3) The maximum lot disturbance shall be 30% or 25,000 square feet, whichever is less.

D. Other provisions and requirements.

(1) Off-street parking facilities shall be as regulated in Article V.

(2) Signs shall be as regulated in § 114-17.

(3) Area and bulk requirements shall be as regulated in the accompanying schedule entitled "Zoning Area and Bulk Schedule of Wanaque, New Jersey."[1]

[1] Editor's Note: The Zoning Area and Bulk Schedule is included at the end of this chapter.

§ 114-14.10 AH-1, AH-2 and AH-3 Affordable Housing Districts.

[Added 11-12-2001 by Ord. No. 24-0-01]

Lands to be included: AH-1 (Block 307, Lots 2, 5); AH-2 (Block 240, Lot 14) and AH-3 (Block 468, Lots, 1-3; Block 269, Lots 1 and 2; Block 470, Lots 1-10; Block 471, Lots 1-11; Block 472, Lots 1-7; and Block 473, Lots 1, 2,and 3).

A. Purpose. The purpose of this section is to establish those land use provisions necessary to satisfy the low- and moderate-income-housing obligation of the Borough of Wanaque.

B. Principal permitted uses. No building or structure shall be erected and no existing building or structure shall be reconstructed, moved, altered, added to or enlarged, nor shall any land, building or structure be designed, used or intended to be used other than as follows:

(1) Townhouse dwelling units.

(2) Multifamily dwelling structures.

C. Permitted accessory uses: any use which is subordinate, but related and customarily incidental to the principal permitted use.

(1) Signs as otherwise regulated in the Borough ordinances.

(2) Recreational uses, such as but not limited to swimming pools, tennis courts, common open spaces, walking paths, and other outdoor recreational facilities.

(3) Private and shared parking garages and off-street parking for private vehicles.

(4) Fences and walls as otherwise regulated in the Borough ordinances.

(5) Storage and utility buildings.

D. Area, bulk and yard requirements.

(1) Minimum lot size:

(a) AH-1: 2.59 acres.

(b) AH-2: 2.5 acres.

(c) AH-3: 24.5 acres.

(2) Maximum number of units/site:

(a) AH-1: 24 units, consisting of 19 market rate units and five affordable housing units.

(b) AH-2: 18 units, consisting of 14 market rate units and four affordable housing units.

(c) AH-3: 96 units, consisting of 77 market rate units and 19 affordable housing units.

(3) Minimum lot frontage along a county or municipal road: 50 feet.

(4) Minimum building setbacks from external lot line: 40 feet.

(5) Maximum building coverage: 35%.

(6) Maximum total impervious surface coverage: 50%.

(7) Residential building requirements:

(a) Minimum distance between buildings, front to front: 50 feet.

(b) Minimum distance between buildings, other: 30 feet.

(c) Minimum distance from buildings to internal roadway: 40 feet.

(d) Minimum distance to common parking area: 15 feet.

(e) Maximum building height: three stories or 40 feet, whichever is less.

(f) Maximum building length: 150 feet.

(g) Minimum horizontal breaks in building facade that varies the setback by a minimum of four feet for every 50 feet or building length. A break may consist of a balcony, patio, porch, deck or overhang.

E. Extensions into the required separations between buildings and setbacks from buildings to streets, parking areas and external lot lines shall be permitted as follows:

(1) By eaves with an overhang of not more than two feet.

(2) By rainwater leaders, windowsills, chimneys and other such fixtures.

(3) By bay windows not more than 12 feet wide and for a depth not to exceed 2.5 feet.

(4) By an open porch or steps leading into the building, which shall not have any sidewall or other enclosure and may have a fixed roof, canopy or other covering, limited to the dimensions of said porch.

(5) By cantilevered balconies.

F. Accessory use requirements.

(1) Accessory buildings shall meet the property line setbacks of principal buildings.

(2) Minimum accessory building setback to residential building: 20 feet.

(3) Minimum accessory building setback to another accessory building: 15 feet.

(4) Minimum setback of swimming pools, tennis courts, and other surfaced recreational facilities to external property line: 25 feet.

(5) Minimum setback of swimming pools, tennis courts, and other surfaced recreational facilities to principal buildings: 50 feet.

(6) Maximum height: 12 feet.

G. Common open space implementation requirements. A minimum of 15% of the tract/tracts shall be devoted to active/passive recreation/common open space. All active recreational facilities and open space shall be connected with walkways or other reasonable means of access.

H. General design standards.

(1) Buffer requirements.

(a) A buffer shall be provided and maintained inclusive of the required yard of not less than 15 feet from all external lot lines of the development. The buffer shall be kept in its natural state where wooded, and where natural vegetation is sparse or nonexistent, the area shall be supplemented and planted to provide a year-round vegetative screen.

(b) Only the following uses shall be permitted in a buffer area:

[1] Detention and retention basins.

[2] Underground utilities.

[3] Walkways, trails, bicycle paths.

(c) The required buffer shall be included for the purpose of computing compliance with the common open space requirement.

(2) Each building and structure shall have a compatible architectural theme with appropriate variations in design to provide attractiveness to the development.

(3) Walkways shall be provided between residential buildings and common parking areas. Walkways shall have a minimum width of four feet and shall meet ADA grade requirements.

(4) Adequate lighting fixtures for walks, steps, parking areas, driveways, streets and other facilities shall be provided at locations to provide for the safe and convenient use of same. Fixtures shall be situated and designated in keeping with the character of the development and shall be adequately shaded to screen windows of dwelling units, both off and on the development site, from direct and indirect light. No flashing, intermittent or moving light shall be permitted.

(5) Air conditioning units in excess of 2,500 BTU's shall be screened and insulated for aesthetic and acoustical purposes, if they are less than 10 feet from the sidewalk.

(6) Adequate sound protection between dwelling units shall be provided and designed in accordance with sound engineering principles.

(7) Landscaping.

(a) Landscaping shall be provided throughout the development site to provide a natural setting for building structures. Shade trees shall be planted adjacent to public or private roadways at thirty-foot intervals.

(b) All island or unpaved areas within a street or parking area shall be landscaped.

(c) Existing vegetation shall be retained and maintained to the greatest extent possible.

(d) Indigenous vegetation shall be chosen for its weather-tolerant and decorative qualities, as well as its ability to support native wildlife.

(e) All areas not devoted to buildings, roadways or parking areas shall be appropriately landscaped.

(8) No natural vegetation shall be disturbed except as approved by the Planning Board pursuant to a site plan approval. The site plan shall indicate the maximum area of clearing and the natural areas to be maintained.

I. Circulation and parking standards.

(1) All public streets, internal roadways and private driveways shall be in accordance with the requirements of the New Jersey Residential Site Improvement Standards.

(2) Off-street parking shall be provided in accordance with the New Jersey Residential Site Improvement Standards.

(3) AH-1 and AH-3 Districts shall provide two points of ingress and egress. One of these access points may be for emergency use only. The AH-1 District shall provide at least two points of ingress and egress.

(4) Required off-street parking may be provided in private driveways and garages, common garages under residential buildings and surface parking.

(5) Said parking shall be landscaped, screened, lighted and conveniently located within 200 feet of the housing to be served, with the exception of visitor parking.

J. Ownership and maintenance. The ownership and maintenance requirements of development in the AH-1, AH-2 and AH-3 Districts shall be in accordance with the regulations of the New Jersey Department of Community Affairs.

K. Inclusionary housing obligation regulations. In accordance with the Housing Element and Fair Share Plan of the Borough of Wanaque, the AH-1, AH-2 and AH-3 Districts have the obligation to provide affordable housing as detailed below:

(1) All development in the AH-1, AH-2 and AH-3 Districts shall include a twenty-percent set-aside of low- and moderate-income housing units based upon a density of 12 units per acre of the total developable area in each district. At least 10% of the total number of units shall be made affordable and sold or rented to low-income persons, and at least 10% of the total number of units shall be made affordable and sold or rented to moderate-income persons as defined in the Borough's Affordable Housing Provisions Ordinance.[1]

[1] Editor's Note: See Art. XI, Affordable Housing Provisions.

(2) This obligation shall be satisfied by constructing inclusionary units within the AH-1, AH-2 and AH-3 Districts or the funding of units through a regional contribution agreement (RCA). However, payment in lieu of construction of affordable housing units shall not exceed 50% of the Borough's affordable housing obligation.

(3) All development is subject to the Borough of Wanaque's Affordable Housing Provisions Ordinance.[2]

[2] Editor's Note: See Art. XI, Affordable Housing Provisions.

L. Development subject to applicable ordinances. Any development in the AH-1, AH-2 or AH-3 District shall be subject to all applicable ordinances of the Borough of Wanaque. Where there is any conflict between the provisions of this section and the provisions of the Site Plan Ordinance and/or the Land Subdivision Ordinance,[3] the provision of this section shall prevail.

[3] Editor's Note: See Ch. 98, Subdivision and Land Development.

M. Required studies.

(1) Environmental impact statement.

(2) Fiscal impact analysis study.

(3) Traffic analysis study.

§ 114-14.11 MRA Zone.

[Added 4-20-2009 by Ord. No. 5-0-09]

A. The MRA Zone shall encompass and include the following parcels:

(1) Block 231, Lot 11; Lots 5, 5.01, 7, 8, 9, and 10 (this area is generally located along Ringwood Avenue in the Midvale section of the Borough and includes the former “Rheinsmith School” property).

(2) Block 232, Lots 6 and 8; Lots 11 and 13 (this area is generally located along Ringwood Avenue and includes the current municipal building and adjacent parking lot).

(3) Block 220, Lots 4, 11. This area is also generally located along Ringwood Avenue (Furnace Avenue and Stephens Avenues) and is also situated in the Midvale section of the Borough.

B. Permitted primary uses in the MRA Zone shall include the uses in the preexisting Business (B) Zone, as modified as follows:

(1) Retail sales, service and eating establishments customarily found in and associated with contemporary centers of shopping and general business.

(2) Theaters, bowling alleys and other similar places of indoor recreation.

(3) Meeting rooms, convention halls, exhibition areas and other assembly halls situated entirely within an enclosed building.

(4) Professional, commercial and general offices and businesses located on all floors of a building. Municipal offices may be located on all floors of a building and may include meeting space(s).

(5) Churches and similar places of worship, parish houses, convents and church schools.

(6) Public schools, municipal parks, public recreational facilities, public libraries, museums and other similar public uses.

(7) Residential units, subject to the following requirements:

(a) A minimum lot area of one acre, plus 1,000 square feet of property, shall be strictly applied to any residential development unless otherwise permitted in the preexisting B Zone. A maximum of 24 dwelling units per acre may be provided. Each such dwelling unit shall have a minimum floor area of 750 square feet. The Planning Board may not grant deviations from this subsection.

(b) Area, bulk and yard regulations shall be as follows:

[1] Minimum lot area: one acre plus 1,000 square feet.

[2] Minimum lot frontage along a county or municipal road: 50 feet.

[3] Average minimum lot width: 120 feet.

[4] Minimum lot depth: 125 feet, as measured from any point along the street line with a municipal/county road to the rear property line.

[5] Where adequate landscaping and planting of buffers exist, such as shrubs and ornamental trees, the following setbacks from external lot lines are established as follows:

[a] Front yard: 30 feet.

[b] Rear yard(s): 15 feet.

[c] Side yards: 15 feet.

[6] Coverage.

[a] Maximum building(s) area coverage: 50%.

[b] Maximum total site coverage by impervious surfaces: 85%.

[c] Minimum required open space/landscaped area: 10%.

[7] Grades.

[a] Maximum improved grade of buildable area for structures: 10%.

[b] (Reserved)

[c] Maximum improved grade for driveways and roadways: 5%.

[d] Maximum improved grades for parking areas: 5%.

[8] Accessory buildings, excludes air-conditioning/heating units.

[a] Minimum distance setback from principal building: 10 feet.

[b] Minimum setback from any access roadway: 10 feet.

[9] Not more than six residences shall be located on the first floor of any structure containing residences. A maximum building height of 36 feet, plus six feet for appurtenances such as chimneys, false dormers, etc. is permitted, provided that such appurtenances do not exceed 25% of the surface of the roof area.

(c) Residential site and circulation requirements.

[1] Any development of 20 or more residential units shall have two separate access and egress points to the site or development.

[2] Construction of paving of all driveways shall conform to the Borough standards for paving as contained in the Borough Code.

[3] Concrete walkways shall be provided between residential buildings and common parking areas. Walkways shall have a minimum width of four feet.

[4] No natural vegetation shall be disturbed except as approved by the Planning Board. The site plan shall indicate the maximum area of clearing.

[5] Adequate lighting fixtures for walks, steps, parking areas, driveways, streets and other facilities shall be provided at locations to provide for the safe and convenient use of the same. Fixtures shall be situated and designated in keeping with the character of the development and shall be adequately shaded to screen windows of dwelling units, both off and on the development site, from direct and indirect light. No flashing, intermittent, moving light shall be permitted. All lighting, including illumination levels, shall conform to the recommendation of the Borough Planner.

[6] Exterior air-conditioning/heating units shall be screened and insulated for aesthetic and acoustical purposes.

[7] Adequate sound protection between dwelling units shall be provided and designed in accordance with sound engineering principles.

(d) Residential off-street parking requirements per residential dwelling unit shall be as follows:

[1] Residences shall have two parking spaces per two-bedroom unit and 1.8 parking spaces per one-bedroom unit.

[2] Access aisles shall be constructed pursuant to §§ 114-25 through 114-30 of the Zoning Code.

C. Utility improvements and services to be utilized in the MRA Zone.

(1) Water facilities.

(a) The site/development shall be connected to a municipal water system.

(b) All facilities shall be designed and installed in accordance with the standards of the applicable governmental bodies having jurisdiction thereof.

(c) All water mains shall be a minimum of eight inches in diameter and shall be designed with fire hydrants to provide adequate fire protection in accordance with the recommendations of the National Fire Underwriters Board. The location of fire hydrants shall be determined by the Municipal Fire Department.

(2) Sanitary sewage system. The development shall be serviced by the Borough of Wanaque Municipal Sewerage Authority.[1]

[1] Editor's Note: The Borough Sewerage Authority was dissolved 9-14-2009 by Ord. No. 15-0-09.

(3) Drainage and stormwater management. Any multiple-family developments will be required to provide a comprehensive drainage system for the entire property, including a mandate that there will be zero runoff from the property. Moreover, the applicant will be required to ensure that there will be no significant impact from this development to the adjoining properties.

(4) Electric, gas, telephone and cable television services, if available, shall be provided by the developer in concert with the appropriate public utility providing such service and shall be installed underground, except high-voltage, electric primaries over 30,000 volts. One cable television connection shall be provided for each building.

(5) Street improvements, monuments, street names and other traffic control devices, shade trees, streetlights, sidewalks, curbs, fire hydrants and all aspects of street construction, as well as other improvements, shall be subject to local and state regulations, Planning Board and Borough Engineer approval.

(6) Refuse pickup areas shall be provided and shall be located for the convenience of the residents. All such areas shall be screened with evergreens on at least three exposed sides and planted to a height of at least four feet with maximum growth of at least six feet in height, unless otherwise determined by the Wanaque Planning Board.

(7) The residents of the multiple-family development shall be required to provide for the upkeep, maintenance and expense of sanitary sewer collection systems, roads, drives, parking facilities, drainage facilities, street lighting, refuse pickup, snow plowing and any other services as may be required by the Planning Board of the Borough of Wanaque. The Borough of Wanaque shall at no time be responsible for the cost of such items.

D. General design standards.

(1) Property buffer.

(a) The developer shall provide and maintain a buffer area, inclusive of the side yard, of not less than 10 feet from the external side yard lot lines of the development. The buffer area shall be kept in a natural or heavily landscaped state; and where natural vegetation is sparse or nonexistent, the area shall be planted to provide a year-round natural screen. The front and rear yards shall have a buffer of a minimum of five feet; however, said buffer shall not be required adjacent to a point of access to the property, such as a driveway, nor if a parking area or other impervious surface is appropriately constructed, based upon the discretion of the Wanaque Planning Board, as determined during its site plan review.

(b) Only the following uses shall be permitted in a front, rear, or side yard setback area:

[1] Detention ditches/basins.

[2] Underground utilities or preexisting utility poles/antennas.

[3] Landscaped property, or vacant property that is landscaped.

(2) Where there are more than two structures located on a property, each building (structure) shall have a compatible architectural theme with appropriate variations in design to provide attractiveness to the development. Such variation shall result from the use of landscaping and the location and orientation of buildings and structures to the natural features of the site.

(3) Landscaping.

(a) Landscaping shall be provided throughout the development site to provide a natural setting for building structures and recreational facilities. Shade trees shall be planted at the discretion of the Planning Board adjacent to public or private roadways. The trees shall be hard maple or ash or similar trees as approved by the Planning Board.

(b) All island or unpaved areas within a development shall be landscaped at a minimum with grass.

(c) Within any area of clearing not occupied by a building, structure, street, parking area or recreational facility, there shall be provided trees with a minimum diameter of four inches as measured three feet above ground; existing trees meeting the aforesaid criteria shall be included in determining compliance therewith.

(4) Concrete walkways shall be provided between residential buildings and common parking areas. Walkways shall have a minimum width of four feet.

(5) No natural vegetation shall be disturbed except as approved by the Planning Board. The site plan shall indicate the maximum area of clearing.

(6) Adequate lighting fixtures for walks, steps, parking areas, driveways, streets and other facilities shall be provided at locations to provide for the safe and convenient use of the same.

(a) Fixtures shall be situated and designated in keeping with the character of the development and shall be adequately shaded to screen windows of dwelling units, both off and on the development site, from direct and indirect light.

(b) No flashing, intermittent, moving light shall be permitted. All lighting, including illumination levels, shall conform to the recommendation of the Borough Engineer.

(7) All exterior air-conditioning/heating units shall be screened and insulated for aesthetic and acoustical purposes.

(8) Adequate sound protection between residential dwelling units shall be provided and designed in accordance with sound engineering principles.

E. Permitted accessory uses shall be as follows: uses and activities which are customarily associated with and necessary to the operation and maintenance of the uses which are permitted above.

F. Other provisions and requirements applicable to the MRA Zone.

(1) Parking for nonresidential development(s) shall be provided in off-street parking facilities and shall be as regulated in Article V.

(2) Signs shall be as regulated in § 114-17.

(3) Nonresidential area and bulk requirements shall be as regulated in the schedule entitled "Zoning Area and Bulk Schedule for Wanaque, New Jersey."[2]

[2] Editor's Note: The Zoning Area and Bulk Schedule is included at the end of this chapter.

G. The following uses shall be prohibited in the MRA Zoning District:

(1) Gas stations, service stations, auto repair establishments, junkyards or premises maintained for the storage of junked or inoperable vehicles, either privately or vehicles towed as a result of an accident or at the request of police or fire authorities of the Borough of Wanaque.

(2) Premises wherein motor vehicles are stored for reprocessing, recycling, utilization of parts or dismantling for sale or reuse of parts.

(3) The collection and/or storage of recyclable goods and materials on premises of such materials as tires, batteries, white goods, construction materials, paper, cardboard, rags, tree stumps, tree limbs, compost materials, grass, leaves, twigs, brush or any such other recyclable materials as may be from time to time designated as recyclable materials by the Borough of Wanaque.

§ 114-14.12 IMU Zone.

[Amended 3-10-2014 by Ord. No. 5-0-14[1]]

A. Block 435, Lot 5, shall continue to be zoned Industrial; however, there is hereby established the Fourth Avenue Residential (FAR) Overlay Zone and zoning district which shall encompass the entire land area of Block 435, Lot 5, and Block 435, Lot 5.01.

B. Bulk regulations applicable to any development or redevelopment to be undertaken in the FAR Overlay Zone, and proposed to be constructed upon Block 435, Lot 5 or 5.01, shall be as follows. Any deviation(s) to the building height not exceeding 10% of the height required in the underlying FAR Zone shall be granted as of right by the Wanaque Planning Board, provided there is testimony on the record by the Borough Planner that this deviation is appropriate. Further, the area of any detention or retention basin covered by grass or other appropriate vegetation in a minimum of 50% of the basin's surface area shall be included in any applicable boundary set back requirements.

[Amended 10-6-2014 by Ord. No. 15-0-14]

(1) Minimum lot area: 4.1 acres. This area shall be developed or redeveloped in one integrated project.

(2) Maximum residential units per acre: 18.

(3) Maximum number of residential units: 84, or, in the alternative, the total land area multiplied by the maximum number of permitted residential units.

(4) All bulk regulations as stipulated in § 114-7.1C(5)(c) through (h), inclusive, including all subparagraphs included in Subsection C(5)(h), of the revised general ordinances are included in the FAR Overlay Zone and shall be followed; however, the Wanaque Planning Board may grant deviations thereto.

(5) All approved signs shall be attractive and are permitted to designate entrance/exit points to the development and in a size and style as shall be determined by the Wanaque Planning Board.

(6) Concrete walkways shall be provided between residential buildings and common parking areas. Walkways shall have a minimum width of four feet.

(7) No natural vegetation along Boulevard Avenue or the properties located adjacent to the south of the subject location (Block 435, Lots 5 and 5.01) shall be disturbed except as approved by the Planning Board. The filed and completed site plan shall indicate the maximum area of cleared land. The developer shall provide and maintain a buffer area, inclusive of the side yard, of not less than 10 feet from the external side yard lot lines of the development. The said buffer area shall be kept in a natural or heavily landscaped state, and where natural vegetation is sparse or nonexistent the area shall be planted to provide a year-round natural screen. The front and rear yards shall have a buffer of a minimum of five feet.

(8) Adequate lighting fixtures for walks, steps, parking areas, driveways, streets and other facilities shall be provided at locations to provide for the safe and convenient use of same. Fixtures shall be situated and designated in keeping with the character of the development and shall be adequately shaded to screen windows of dwelling units, both off and on the development site, from direct and indirect light. No flashing, intermittent, moving light shall be permitted. All lighting, including illumination levels, shall conform to the recommendation of the Borough Planner.

(9) Exterior air-conditioning/heating units shall be screened and insulated for aesthetic and acoustical purposes.

(10) Adequate sound protection between dwelling units shall be provided and designed in accordance with sound engineering principles.

(11) Refuse disposal/ pickup areas shall be provided and shall be located for the convenience of the residents. All such areas shall be screened with evergreen trees or bushes on at least three exposed sides and planted to a height of at least four feet with maximum growth of at least six feet in height, unless these specifications are modified by the Wanaque Planning Board.

C. Parking regulations applicable to any development or redevelopment to be undertaken in the FAR Overlay Zone, and proposed to be constructed upon Block 435, Lot 5 and 5.01, shall be provided in accordance with § 114-7.1C(8)(a), (c), (d), (e) and (f) of the revised general ordinances.

D. In furtherance of the objectives of the Borough Council, the Board of Adjustment and/or Planning Board may not consider, grant or approve deviations (or variances) from the land use provisions (including permitted and conditional uses) of the Fourth Avenue Residential Overlay Zone (FAR), as specified and included in this ordinance or the Borough Code. However, when considering a site plan application, the Wanaque Planning Board may grant extensive deviations and broadly implement deviations (variances) to bulk regulations and other zone standards, conditions and factors as it deems appropriate, with the only specific exception being use. Notwithstanding the foregoing, the Wanaque Panning Board may not establish stricter bulk standards than provided herein. This redevelopment plan may only be effectuated upon approval of the NJDEP, or its agent LSRP, also known as site environmental officials, approving the building plan. As such, any environmental issues and the nature of the environmental remediation, being of great continued concern to the Borough of Wanaque Mayor and Council, shall be the continued province of the Borough Administrator to monitor, as has been the case for the past 10 years, and such diligence by the Borough has indeed resulted in this redevelopment plan and accordingly any environmental issues shall not be the subject of any preliminary or final site plan approval.

[Amended 10-6-2014 by Ord. No. 15-0-14]

E. Drainage and stormwater management. Any residential development will be required to provide a comprehensive drainage system for the entire property, including a mandate that there will be zero water runoff from the property. Moreover, the applicant will be required by the Wanaque Planning Board to ensure that there will be no significant impact from this development to the adjoining properties.

F. The residents of the multiple-family development constructed in the FAR Overlay Zone shall be required to provide for the upkeep, maintenance and expense of the sanitary sewer collection system, roads, drives, parking facilities, and drainage facilities. The Borough of Wanaque shall at no time be responsible for the cost of such items. Streetlighting (illumination), garbage/refuse pickup and snow plowing may be covered under the Municipal Services Act, N.J.S.A. 40:67-23.2 et seq. Under the Act, the Borough must provide a qualified private community with the following categories of services on its roads and streets, where such services are provided on a regular basis by the Borough, or reimburse the community association for its costs to obtain the services elsewhere: 1) removal of snow, ice and other obstructions, but not including street sweeping or cleaning; 2) the cost of electricity for streetlighting, but not including installation or maintenance of lamps and other equipment; and 3) collection of leaves, recyclable materials and garbage, all in a similar manner as the Borough of Wanaque in general. If the Borough chooses to perform the designated services, it must do so in the same fashion as it does on public streets. The Act does not require the Borough to provide additional services such as street cleaning or maintenance of fire hydrants. [Note: all such service issues shall be determined by the Wanaque Planning Board, at site plan review and approval, as it deems appropriate.]

[1] Editor's Note: This ordinance also stated that it would expire 12-31-2015 unless the Wanaque Planning Board had granted preliminary site plan approval for the redevelopment area.