Recognizing that under certain circumstances
various activities and structures are needed within the Borough, and
at the same time recognizing that such uses may be or become inimical
to the public health, safety and general welfare if located without
proper consideration being given to existing conditions and character
of the surrounding area, such uses are designated as conditional uses.
In addition to other powers conferred by this chapter and applicable
statutes, the Board of Adjustment shall have original jurisdiction
and power to grant a permit for a conditional use under the terms
and conditions established by this chapter, and under the following
guiding principles:
A.
The use for which application is being made is specifically
designated as a conditional use within applicable sections of the
Zoning Ordinance.
B.
The design, arrangement and nature of the use is such
that the public health, safety and welfare will be protected and reasonable
consideration is afforded to the:
(1)
Character of the neighborhood and zone district.
(2)
Conservation of property values.
(3)
Health and safety of residents or workers on adjacent
properties and in the surrounding neighborhood.
(4)
Provisions for adequate water supply, waste disposal,
fire and police protection and other public facilities.
(5)
Potential congestion of vehicular traffic or creation
of undue hazard.
(6)
Principles and objectives of this chapter.
The following procedural requirements shall
apply to conditional uses:
B.
Referral of the application to the Secretary of the
Board of Adjustment.
C.
Acceptance of the application by the Board of Adjustment
at a regularly scheduled meeting with the applicant in attendance.
D.
Upon approval, the application and other required
building plans and specifications shall be submitted to the Construction
Code Official for issuance of a building permit.
[Amended 12-16-1985 by Ord. No. 10-0-85; 5-19-1986 by Ord. No. 1-0-86; 4-18-1988 by Ord. No. 3-86-88]
A.
Legislative authority. This section is adopted pursuant
to the authority of the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq. and the amendments thereof and supplements thereto, together
with the authority of the Municipal Planned Unit Development Act (1967),
P.L. 1967, c.61, N.J.S.A. 40:55-54 et seq., and the amendments thereof
and supplements thereto.
B.
Purposes. 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
40:55-30 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. 40:55-30 et seq. nor 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 the growth area of the Borough of Wanaque as delineated on the
Zoning Map of the said Borough; to provide a realistic opportunity
for the construction of lower-income housing in the growth area of
the Borough as delineated on the S.D.G.D. State Development Guide
Plan Map; and in general to promote the public health, safety, morals
and general welfare of the citizens of the Borough of Wanaque. This
section is enacted pursuant to the authority granted by the Municipal
Planned Unit Development Act (1967), N.J.S.A. 40:55-54 et seq., and
the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
C.
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 growth areas of the Borough as contemplated
by the State Development Guide Plan Map.
(2)
In order to effectuate the foregoing and to locate
such planned unit development multifamily housing as a special permitted
use as and by a single entity upon the most suitable land, 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.
D.
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 as 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 or 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 vehicular 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, 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 measured perpendicular
to the axis of the length with adequate provision for ingress and
egress, except as further provided herein.
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.
E.
Special uses permitted. Under special conditions set
forth below, the Planning Board of the Borough of Wanaque may authorize
the issuance of a permit for any of the following buildings and uses
in presently existing R-30 and R-40 Residential Districts in the aforementioned
S.D.E.P. growth area delineated on the Zoning Map.[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:
(1)
Townhouse dwelling units and detached, semidetached
or attached roofs.
(2)
Garden apartment dwelling units.
(3)
Utilities and essential services.
[1]
Editor's Note: The Zoning Map is included
at the end of this volume.
F.
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.
G.
Accessory uses. Any use which is subordinate, but
related and customarily incidental to the principal permitted use:
H.
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.
I.
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 feet
(9)
Minimum building setback from internal public or private
main roads (within the site): 30 feet.
(10)
Minimum building setbacks from internal driveways:
20 feet.
M.
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
(units per acre)
| |
|---|---|---|
|
0 to 9
|
8
| |
|
10 to 15
|
6
| |
|
15 and over
|
3
|
N.
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).
|
Apartments: two parking spaces per dwelling.
|
(2)
Off-street parking spaces for visitors: 0.5 spaces
per unit (in close proximity to dwellings).
(6)
There shall be no parking of any vehicle along roadways
and driveways.
O.
P.
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 ordinances.
Q.
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 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 master television antenna or one cable television connection
shall be provided for each building.
(5)
Street improvements, monuments, street names and other
traffic control devices, shade trees, street lights, 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 area
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, snowplowing 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.
R.
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.
S.
General regulations:
(1)
Low- and moderate-income housing requirements.
(a)
Five percent of the total number of units shall
be made affordable and sold or rented to low-income persons and 5%
shall be made affordable and sold or rented to moderate-income persons.
[1]
"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 prepared by the United States Department of Housing and Urban
Development (HUD) for the region which includes Wanaque (presently,
the Paterson/Passaic/Clifton S.M.S.A.) or, if HUD data is not available,
equivalent data from other sources acceptable to the Planning Board.
[2]
"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
Wanaque using the median income data for household size prepared by
HUD, or if HUD data is not available, equivalent data from other sources
acceptable to the Planning Board.
[3]
"Affordable" means that a household at the ceiling
income for each income group, for each household size, is not required
to pay more than a 28% of its gross household income for the total
of principal, interest, property taxes, insurance and homeowners'
association assessments, calculated on the basis of a ten-percent
downpayment and realistically available mortgage interest rates. In
the case of rental housing, such a household is not required to pay
more than 28% of income for rent, excluding utilities.
(b)
At least 80% of the low- and moderate-income
units shall be two-bedroom units.
(c)
The plan shall provide preference to certain
categories of qualified low- and moderate-income families in the following
order of priority:
(d)
The developer shall formulate and implement a written affirmative marketing plan acceptable to the Planning Board of the agency designated by it. 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, feel welcome to seek to buy or rent such housing and have the opportunity to buy or rent such housing. It shall include advertising and other outreach activities realistically designed to reach the low- and moderate-income families listed in Subsection S(1)(c) above. The plan shall include advertisement in newspapers, periodicals and other advertising media.
(e)
A developer shall submit a phasing schedule
for the construction of the low- and moderate-income units. The developer
may construct the first 20% of the development without constructing
any low- or moderate-income units. By the time 40% of the units in
the development are constructed, at least 20% of the low- and moderate-income
units shall be constructed and sold to lower-income purchasers. By
the time 60% of the units in the development are constructed, at least
45% of the low- and moderate-income units shall be constructed and
sold to lower-income persons. By the time 80% of the units in the
development are occupied, at least 70% of the low- and moderate-income
units shall be constructed and sold to lower-income persons. No certificate
of occupancy shall be issued for units other than units affordable
to low- and moderate-income households until all low- and moderate-income
units in the previous phase have been completed.
(f)
Resales of units.
[1]
A developer shall submit a plan for resale or
rental controls to ensure that the units remain affordable to low-
and moderate-income households for at least 30 years. The purchaser
shall be entitled to sell the units for:
[2]
The low-income units upon resale may be sold
only to low-income persons and the moderate-income units may be sold
to low- or moderate-income purchasers. If, however, no low-income
purchase is found within six months, the low-income unit may be sold
to a moderate-income purchaser, or, if none is available, to any interested
purchaser. If no moderate-income purchaser is found within six months,
the unit may be sold to any purchaser. Regardless of the income of
the purchaser, the resale controls shall remain in effect for subsequent
resales. The developer may create a nonprofit corporation, enter into
an agreement with a nonprofit corporation or a governmental agency
or choose to administer the resale controls himself, but in no event
may the resale controls be administered merely by a deed restriction.
(g)
Rentals. Where units are offered as rental units,
they shall continue to be offered as rental units for 15 years. After
15 years, they may be sold at prices affordable to moderate-income
households, subject to such resale price controls as may be necessary
to ensure that the units continue to be affordable to moderate-income
households for the remainder of the thirty-year period commencing
from the date of the initial rental.
T.
General design standards.
(1)
Buffer.
(a)
The developer shall provide and maintain a buffer
area of not less than 50 feet from all external lot lines of the development.
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 section.
(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 be hard maple or ash or similar tree 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 the 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 recommendations of the Borough Engineer.
(8)
Air-conditioning units in excess of 2,500 BTU's shall
be screened and insulated for aesthetic and acoustical purposes.
(9)
Every townhouse 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.
U.
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 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 its ownership and maintenance shall be formed and
functioning and shall be required to furnish a performance guaranty
in an 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 owner 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
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 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 properties and be added to and be a 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 similarly kept in workable, safe and 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.
(e)
All documents pertaining to any neighborhood
association of common open space shall be subject to review by the
municipality's Attorney, shall be countersigned by the Chairman of
the Planning Board and the Mayor and shall be recorded as a covenant
running with the land when the final plat is recorded by the County
Clerk.
V.
Administrative and jurisdictional provisions.
(1)
Application for a planned unit development multiple-family
special 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. All planning, variance and subdivision matters relating to
the special permitted use and development of the planned unit development
and multiple-family special permitted use shall be determined and
established by the Planning Board. In addition to the information
required by the Planning Board in its applications, the landowner
or entity having a recognizable interest in the land shall set forth:
(a)
The name and address of landowner.
(b)
The location and site of the site.
(c)
The nature of the landowner's interest in the
land proposed to be developed.
(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 be limited to:
[1]
An inventory of the existing environmental conditions
at 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, esthetics, 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 described in Subsection V(1)(i)[1] immediately hereinabove.
[5]
A listing of adverse environmental impacts which
cannot be avoided.
[6]
Steps to be taken to minimize adverse environmental
impact during construction and operation both at the project site
and in 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
for 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 use of the land,
buildings and structures, including proposed easements or grants for
public utilities;
(l)
Provisions for parking of 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 planned
unit development are intended to be filed.
(p)
A written statement of why, in the applicant's
opinion, a planned unit development would be in the public interests
and would be consistent with the statement of objectives on planned
residential unit development, multiple-family special permitted use
contained in this section.
(2)
Any conditions or approvals granted by the Planning
Board should 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 planned residential development, multiple-family special permitted
use 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 as and where applicable,
the Land Subdivision Ordinance 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, any and all necessary experts to which
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 planned residential development, multiple-family
special permitted use 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.
W.
Off-tract improvements shall be governed by the site
plan review and subdivision of land ordinances of the Borough of Wanaque.
X.
The applicant shall, at the time of his application,
submit proof of payment of all taxes with respect to the land forming
the subject of the application, on a current status, together with
all other assessments and sewerage charges.
Z.
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.
A.
General guidelines. Motor vehicle service stations,
while necessary, may be inimical to the public safety and welfare
if located without due consideration of their impact upon the community,
need in direct relation to the number of motor vehicle service stations
serving the existing and projected population and conditions regarding
land use and traffic patterns surrounding a proposed site. Findings
of the Board of Adjustment regarding a special exception application
for a motor vehicle service station shall consider the above noted
relationships and, in addition, shall find that such application conforms
with the following specific requirements:
B.
Specific requirements.
[Amended 2-8-1999 by Ord. No. 3-0-99]
(1)
Gasoline filling stations, or service stations, shall
only be allowed and permitted in the Borough's Business District and
Residential District (RD-1) Zone. Minimum lot dimensions shall conform
to those required in Business Zones, that is, 40,000 square feet as
the minimum lot area, except that minimum lot width shall be 200 feet.
(2)
Minimum building setback from a front street line
shall be 100 feet; all pump islands shall be set back a minimum of
30 feet from any street line. Minimum width of each side yard shall
be 30 feet. On corner lots, the side street setback line shall conform
to that existing or required on each side street; minimum rear yard
depth for service stations or gasoline filling stations shall be 50
feet.
(3)
In the event that the property line of a proposed
gasoline filling station, or service station, abuts or adjoins any
residential zone, a buffer area should be provided in accordance with
at least the Business Zone buffer area required.
(4)
Landscaping strips of a minimum width of 10 feet shall
be provided along the front street line and along the sidelines; all
garbage receptacles or other outside appurtenances shall be screened
by means of adequate landscaping or fencing.
(5)
All landscaped areas shall be curbed with either concrete
or granite block curbing.
(6)
One customary freestanding advertising sign shall
be permitted for each street frontage. That sign shall be of the standard
size and shape for the particular gasoline company involved, except
that no sign shall exceed 50 square feet in area. Said sign shall
be set back a minimum of 25 feet from the street line. One promotional
sign, not larger than three feet wide by five feet high, shall be
permitted for each street frontage. Location of said sign shall be
established by the appropriate zoning board. The provisions of this
subsection shall not apply to signs required by the Motor Vehicle
Tax Bureau or other agency of the State of New Jersey.
(7)
Parking on the site shall be limited to those vehicles
of employees, those which are involved in repairs or servicing at
the station and those commercial vehicles accessory and necessary
for the operation of the service station. No other parking shall be
permitted. It is expressly forbidden for any service station or gasoline
filling station to store, or allow to be parked for purposes of sale,
any motor vehicle.
(8)
No gasoline filling station, or service station, having
repair facilities shall have an opening in the roof or walls less
than 50 feet from a property line or street line. No service station
or gasoline filling station shall have any public garage or private
garage or service area accommodating more than 5 cars, and no service
station or gasoline or filling station shall have an entrance closer
than 500 feet to an entrance to a public or private elementary or
secondary school, theater, church, public park, playground, nursing
home or fire station.
(9)
No service station or gasoline filling station shall
hereafter be erected at a distance of less than 1,000 feet from an
already existing service station or gasoline filling station to be
built, such distance to be measured from property line to property
line.
(10)
No paint shop or bodywork shop shall be permitted
or allowed.
(11)
All operations or any repairs shall be conducted
within an enclosed structure; provided, however, that storage of vehicles
waiting for repair may take place and be permitted outside the said
structure, but only within the confines of the proposed site.
(12)
Any applicant proposing to construct a gasoline
filling station or service station shall present to the appropriate
zoning board a traffic analysis, including but not limited to the
effect, if any, of ingress and egress, traffic diversion and traffic
into and from the site.
Senior citizen and/or multiple-family residential
developments shall be regulated as follows:
A.
C.
General site and development requirements.
(1)
Interior development roads, parking areas, dwelling
entranceways and pedestrian walks shall be provided with sufficient
illumination to minimize hazards to pedestrians and motor vehicles
utilizing the same and shall, where necessary, be shielded to avoid
glares disturbing to occupants of buildings. Lighting shall be arranged
as to reflect away from all adjoining properties.
(2)
In senior citizen multiple residential developments,
all exterior grade transitions requiring steps from walkways to parking
areas and buildings and all other use areas shall be ramped. Such
ramps may be constructed adjacent to steps.
(3)
Each development shall provide in the principal building
or as a separate centrally located structure a common meeting and
medical service facility for the exclusive use of the residents and
their guests. This facility shall contain, at a minimum, a small infirmary,
rooms for medical observation and minor treatment and an office or
appropriate space for a visiting doctor or dentist; and common indoor
recreation and meeting space at a scale commensurate with the size
of the project.
D.
Parking facilities. At least one parking space shall
be provided for every two senior citizen residential dwelling units.
E.
General design and location. The site for which a
senior citizen project is proposed and the arrangement and relationship
of buildings and activity areas shall be appropriate to senior citizens'
activities and limitations. Specifically, ease of access to all areas
of the project shall be maximized, and every design effort shall be
expended to create areas for both congregation and activity as wen
as privacy and quiet. The site shall be conveniently located to shopping
and other necessary facilities.
[Added 4-16-1991 by Ord. No. 8-90-91]
Quasi-public, recreational, health and rehabilitation
uses shall be permitted as a conditional use in the R-15, R-30 and
R-40 Residence Districts. Zone districts shall be subject to the following
requirements:
A.
Minimum lot area: 10 acres.
B.
Maximum open space: 60%.
C.
Access. Adequate vehicle access via publicly improved
municipal roads or private drives, capable of accommodating two-way
user and emergency vehicles shall be provided to the site.
D.
Maximum building coverage: 10% total lot area
E.
A minimum natural buffer from adjacent residential
zones or uses of 50 feet shall be provided.
A.
For all conditional uses, a proposed plan showing
the size and location of the lot, design and location of the proposed
facilities (including access driveways, screenings and streets) within
1,000 feet, and a detailed description thereof, must be submitted
in accordance with rules described by the Board.
B.
Before any conditional use permit is granted, the
applicant must secure approval of the proposed drainage by the Engineer.
The drainage criteria for conditional uses shall be the same as the
drainage criteria in the highway specifications in the Borough of
Wanaque and the Borough's Subdivision Regulations.[1]
