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.
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.
A.
Each dwelling shall contain a minimum number of square
feet of finished livable principal floor area in such dwelling as
follows:
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.
[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)
ADULT COMMUNITY
AGE-QUALIFIED PERSON
BUFFER
FAIR HOUSING ACT
FRONT OF BUILDING
INTERNAL ROADWAY
PATIO
PRIVATE DRIVEWAY
SCREENING
ZONE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
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.
A person who is 55 years of age or older.
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.
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.
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.
A driveway providing access from an exterior public street
to parking areas and/or private driveways.
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.
A driveway providing access from an internal roadway to a
private garage.
A method of visually shielding one abutting or nearby structure
or use from another by fencing, walls, berms, or reasonably sized
plantings.
The Adult Housing Zoning District authorized herein.
(3)
(4)
Accessory uses.
(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.
(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.
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.
(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.
(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.
(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]
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.
(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.
(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]
A.
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.
(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.
A.
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.
(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.
[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.
(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:
(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.
[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;
C.
Other provisions and requirements.
(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.
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.
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.
(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]
[Added 12-19-1983 by Ord. No. 140-83]
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.
C.
Uses permitted in this district shall be served by
public water and sewer utilities.
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).
[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:
C.
D.
Lot size, dimensions, bulk and setbacks shall be as
follows:
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.
(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:
(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:
(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.
[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.
ACTIVE RECREATION AREA
BASEMENT
BEDROOM
BUILDER COVERAGE
CELLAR
COMMON OPEN SPACE
DRIVEWAY
GARDEN APARTMENT
GROSS DEVELOPMENT SITE AREA
MINIMUM HABITABLE FLOOR AREA
MULTIPLE-FAMILY DEVELOPMENT
PARKING STALL
ROADWAY
SETBACK
STORY
TOTAL SITE COVERAGE
TOWNHOUSES
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.
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.
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.
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.
The percentage of gross development site area that is occupied
by a building's footprint or structure, including all roof areas.
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.
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.
The limited vehicle access road serving a cluster of buildings
and/or parking areas in the multiple-family development.
Attached dwelling units stacked or side-by-side, each with
an individual entrance which may be accessed by a common hallway.
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.
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.
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.
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.
The common arterial vehicular access road serving a cluster
of buildings and/or parking areas in the multiple-family development.
The setback of a building from a particular lot line to the
part of the building nearest such lot line.
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.
The percentage of gross development site area occupied by
structures and all uncovered impervious surfaces, such as parking
spaces, driveways and walkways.
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:
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.
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:
(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.
(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.
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).
(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.
O.
Circulation requirements.
(1)
Any development or cluster within any development
exceeding 100 units shall have two separate access and egress points.
(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.
(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.
(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:
(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.
[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:
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.
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.
[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:
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.
H.
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.
[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.
[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.
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.
(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)
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.
[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.
ACTIVE ADULT COMMUNITY
AGE-QUALIFIED PERSON
BUFFER
FAIR HOUSING ACT
FRONT OF BUILDING
INTERNAL ROADWAY
PATIO
PRIVATE DRIVEWAY
SCREENING
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.
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]
A person who is 55 years of age or older.
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.
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.
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.
A driveway providing access from an exterior public street
to parking areas and/or private driveways.
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.
A driveway providing access from an internal roadway to a
private garage.
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.
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.
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.
(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.
(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]
(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.
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.
N.
Date of effect. This section shall take effect upon
final passage, approval and publication as required by law.
P.
Golf course requirements: to be considered by the
Planning Board at a future date.
[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.
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.
(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.
[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:
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.
(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.
(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]
(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.
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.
[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.
[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:
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.
(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.
(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.
(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.
[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.
