A.
Existing zone lots of record. In any residential zone,
only a one-family dwelling may be erected on a nonconforming lot of
official record at the effective date of this chapter, irrespective
of its area or width; provided, however, that no adjacent or adjoining
vacant land exists or existed at the time of the effective date of
this chapter which would create a conforming lot if all or part of
said vacant land were combined with the subject lot. No lot or lots
in single ownership hereafter shall be reduced so as to create one
or more nonconforming lots.
B.
Lot width.
(1)
The minimum lot width shall be measured either at
the required front yard setback line or at the front lot line as required
for the district in which it is located. In cases of irregularly shaped
lots whose sides are not parallel, where the lot width is measured
at the required front yard setback line, the minimum street frontage
shall not be less than 75% of the minimum lot width required, provided
the lot width measured at the front yard setback line shall be no
less than the minimum lot width specified in the zoning schedule for
the district in which the lot is contained.
(2)
In case of irregularly shaped lots whose sides are
not parallel, where the lot width is measured at the front lot line,
the width of the lot measured at the required front yard setback line
shall not be less than 85% of the required lot width measured at the
front lot line.
C.
Corner lots and sight triangles. At all street intersections,
no obstruction exceeding 30 inches in height above the established
grade of the street at the property line, other than an existing building,
post, column, hedge or tree, shall be erected or maintained on any
lot within the area bounded by the line drawn between points along
such street lot lines 25 feet distant from their intersection.
D.
Through lots. A through lot shall be considered as
having two street frontages, both of which shall be subject to the
required front yard requirements of the Zoning Schedule of this chapter.[1]
[1]
Editor's Note: See Schedule 4 at the end of this chapter.
E.
Required area or space cannot be reduced. The area
or dimension of any zone lot, yard, parking area or other space shall
not be reduced to less than the minimum required by this chapter,
and if already existing as less than the minimum required by this
chapter, said area or dimension may be continued and shall not be
further reduced.
F.
Frontage upon a street.
(1)
Every lot or parcel created by subdivision and every
principal building built upon a lot shall provide frontage upon an
improved and approved street in accordance with the street standards
established by the Village.
(2)
Any property which contains access to one or more
approved and improved streets at its property line but does not contain
sufficient street frontage as required herein shall not be construed
to be landlocked. Where such conditions do exist or are created by
virtue of a subdivision, no building permit or occupancy permit shall
be granted unless and until said property contains the required amount
of street frontage as required herein.
(3)
This provision is not to be construed to provide any
building or zone lot which contains less street frontage than required
herein or to create a building or zone lot, with an existing structure
or structures located thereon, with less street frontage than as required.
G.
Lot located in more than one zone. For any zone lot
which is located in more than one zone district, which districts differ
in character by permitting residential, commercial, office or industrial
uses, all yard, bulk and other requirements shall be measured form
the zone boundary line and not the true lot line.
H.
Nonconforming lots existing as of October 22, 1968.
Any nonconforming lot existing on or before October 22, 1968, for
use as a single-family dwelling, may have a building permit issued
without an appeal for a variance, provided the new structure or addition
does not violate the building coverage requirements, any height or
setback requirements and the parking requirements, as are forth in
this chapter.
[Added 7-12-2005 by Ord. No. 05-07]
[Amended 7-12-2005 by Ord. No. 05-07]
A.
General application.
(1)
No building or structure shall have a greater number
of stories or greater number of feet than are permitted in the district
where such building is located.
(2)
All rooftop appurtenances shall be appropriately screened
from all adjoining properties with architectural screening, the material,
color and composition of which shall be approved by the Planning Board.
B.
Permitted exceptions. Height limitations stipulated
elsewhere in this chapter shall not apply to church spires, belfries,
cupolas and domes, monuments, chimneys, flagpoles, fire towers, water
towers or to necessary mechanical appurtenances or to parapet walls,
except that no parapet wall may extend more than four feet above the
limiting height.
C.
Building height in the OP-1 Zone. There shall be no
limitation on building height in the OP-1 Zone District.
D.
Building height in the PD-1 Zone. Please refer to § 96-5.10.
[Amended 10-25-2011 by Ord. No. 2011-12]
E.
Height of a principal structure which exceeds the
maximum building height in the zone district. The height of any principal
structure that exceeds the maximum building height within the zone
district in which it is located by 10 feet or 10% of the maximum height
shall constitute a "d(6)" variance under N.J.S.A. 40:55D-70. Under
these conditions, the Board of Adjustment shall have exclusive jurisdiction
over the application.
A.
General.
(1)
Required yards shall be open to the sky, unobstructed
except for the ordinary projection of parapets, windowsills, doorposts,
rainwater leaders and other similar ornamental or structural fixtures
which may not project more than six inches into such yards.
(2)
Cornices, canopies, eaves, bay windows, balconies,
fireplaces, uncovered stairways and necessary landings and chimneys
and other similar architectural features may project a distance not
to exceed two feet.
(3)
Patios may be located in any side or rear yard, provided
that they are not closer than five feet to any property line.
(4)
Chimneys and flues may be erected within any yard,
provided they do not exceed 10 square feet in aggregate external area.
(5)
Self-supporting walls and fences may project into any required yard, provided that any accessory retaining wall or fence is not higher than six feet in height and shall not obstruct automobile vision. The requirements of § 96-5.1C shall also apply where applicable. In commercial and industrial districts, fences may be 10 feet high, subject to § 96-5.1C.
B.
Front yard requirements affected by the Official Map.
Where any lot shall front on a street right-of-way which is proposed
to be widened as indicated on the Official Map of the Village, the
front yard and the front or side yard of a corner lot in such district
shall be measured from such proposed right-of-way line.
C.
Side yard exceptions. Any corner lot delineated by subdivision after the adoption of this chapter shall provide a side street setback line which shall not be less than the minimum front yard required on any adjoining lot fronting on a side street, as provided in the schedule identified in § 96-4.
The maximum lot coverage for any lot shall not
be greater than is permitted in the district where such buildings
and structures are located and shall include all porches, decks, chimneys,
extensions and accessory buildings.
The maximum improved lot coverage shall not
exceed the percentage indicated in the Schedule of District Area,
Yard and Bulk Requirements herein for each zone district designated.[1]
[1]
Editor's Note: See Schedule 4 included as an attachment to this chapter.
[Amended 10-25-2011 by Ord. No. 2011-12]
The maximum floor area ratio for the Office
Park Zone OP-1 shall be 2.5, except that the floor area ratio may
be increased in accordance with the appropriate schedule, provided
that no other violations of this chapter are created in the process.
[Amended 10-25-2011 by Ord. No. 2011-12]
There shall be no more than one principal building
on each zone lot in any district, except as may be permitted for townhouses,
apartments and in the OP-1 and PD-1 Zone Districts and industrial/office
complexes when permitted in accordance with an approved site plan.
A.
Within the R-1, R-2, R-3 and R-4 Zones, single-family
and two-family residences, where established as a principal permitted
use, shall maintain a maximum improved lot coverage within the required
front yard setback area of no greater than 40%. No off-street parking
within the required front yard shall exceed this standard.
B.
Within the R-1, R-2, R-3 and R-4 Zones, for single-family
and two-family residences, where established as a principal permitted
use, on any lot where the majority of the front yard setbacks along
a given street in the same block is greater than the minimum setback
required by this chapter, the minimum front yard setback shall be
increased to be equal to the average of the existing front yard setbacks
fronting the same side of the street as the new building will front.
The minimum setback for the side of the building
on a corner lot or a lot fronting more than two streets shall be equal
to the minimum front yard requirements of this chapter.
C.
Height regulations in the R-1, R-2, R-3, C-2 and C-3
Zones for single-family, two-family and four-family houses.
[Added 12-13-2005 by Ord. No. 05-12]
(1)
The permitted building height is limited to 28 feet.
The maximum permitted height from the finished first floor to the
grade plane shall be limited to the existing grade plane.
(2)
The maximum permitted height from the roof eave to
the grade plane shall be limited to 21 feet above the existing grade
plane.
(3)
All measurements for purposes of height shall be to
the peak of the proposed roof. All roofs shall have a minimum pitch
of four inches vertical distance for each 12 inches of horizontal
distance.
D.
Coverage regulations in the R-1, R-2, R-3, C-2 and
C-3 Zones for one-family, two-family houses.
[Added 12-13-2005 by Ord. No. 05-12]
[Amended 7-12-2005 by Ord. No. 05-07]
A.
Maximum height in the OP-1 Zone. There shall be no
maximum building height.
B.
Area, yard and bulk regulations.
(1)
The minimum lot size shall be two acres, with an average
lot size of three acres, throughout the district.
(2)
The floor area ratio shall not exceed 2.5, except
the floor area ratio may be increased in accordance with the following
schedule, provided that no other violations of this chapter are created
in the process: For each 1,000 square feet of lot area that is landscaped,
as approved on the site plan, an additional 1,000 square feet of gross
floor area may be added to the building; for each lot that is larger
than three acres, the floor area ratio may be increased 0.05 of each
multiple of 40,000 square feet of lot area (fractional lot area are
not permitted). The floor area ratio shall not be increased by more
than 0.5 to a maximum of 4.0 through the application of these exceptions.
(3)
No structure shall be closer to any street right-of-way
line or to any property line than 30 feet for buildings not in excess
of 150 feet in height. For buildings in excess of 150 feet, the setback
requirement shall be increased by one foot for each additional foot
of building height.
(4)
The maximum building coverage shall be as follows:
|
Maximum Coverage
(percent)
|
Number of Stories
| |
|---|---|---|
|
40
|
1 to 5
| |
|
36
|
6 to 8
| |
|
32
|
9 to 11
| |
|
28
|
12 to 14
| |
|
24
|
15 to 17
| |
|
20
|
18 plus
|
(5)
The maximum impervious lot coverage (building plus
paving plus parking lots and parking garages and other impervious
surfaces) shall not exceed 75%. The remaining 25% shall be landscaping.
C.
Minimum off-street parking.
(1)
Offices: one space per 250 square feet of gross floor
area.
(2)
Hotels and extended stay facilities: one space per
room plus one space per employee on the maximum shift.
(3)
Utilities: one space per 1,500 square feet of gross
floor area.
(4)
Restaurants: one space for every three seats.
(5)
Research facilities and pilot plants: one space for
each 1,000 square feet of gross floor area but not less than one space
per employee.
(6)
Meeting rooms in convention centers: one space for
each 10 seats.
(7)
Where an overall complex is developed consisting of
a variety of uses, shared parking may be allowed, subject to Planning
Board approval, provided that there is no significant simultaneous
use; the total amount provided for users sharing parking is to be
calculated upon the use with the most restrictive requirements.
(8)
Theaters: one space per four seats.
(9)
In addition to the above, each use shall provide one
space for each vehicle owned or stored by the use.
(10)
Minimum off-street loading: same as the I-1
District.
[Amended 7-12-2005 by Ord. No. 05-07; 10-25-2011 by Ord. No. 2011-12]
A.
Objectives. These regulations are designed to achieve the following
objectives:
(1)
To allow flexible mixed-use development on a large tract of
land area as a planned development.
(2)
To promote the economical and efficient use of land and reduce
infrastructure costs through unified development.
(3)
To provide for a sustainable development that minimizes the
use of energy, reduces the development's "carbon footprint" on the
environment and uses principles of "LEEDS" construction techniques.
(4)
To permit the flexible spacing of buildings in order to encourage
the separation of pedestrian and vehicular circulation, provide open
space and public spaces and provide for functional and viable land
uses.
B.
Zone designation. This zone shall be designated as the "Planned Development
- 1 (PD-1) Zone."
C.
CONFERENCE CENTER
COMMERCIAL RECREATION
PROFESSIONAL HEALTH CARE FACILITIES
Definitions. For purposes of this section, the following specific
definitions shall be utilized:
A facility used for conferences and seminars, with accommodations
for food preparation, eating, recreation, entertainment, resource
facilities and meeting rooms.
A recreation facility operated as a business and open to
the public for a fee.
Facilities that provide health care services to the public,
including but not limited to intermediate and long-term care facilities,
nursing homes, and specialized care facilities (i.e., head injuries),
but excluding hospitals.
D.
Uses.
(1)
Permitted uses. The following uses shall be permitted in the
PD-1 Zone:
(a)
Retail uses.
(b)
Offices, professional and business.
(c)
Hotels.
(d)
Conference centers.
(e)
Restaurants, sit-down (no drive-through).
(f)
Residential.
(g)
Commercial recreation facilities, spas (no ice skating rinks
in separate buildings).
(h)
Professional health care facility (including intermediate and
long-term care facilities and nursing homes).
(i)
Parks, plazas, waterfront walkways.
(4)
Mix of uses. The following restrictions shall apply to mixed-use
development:
|
Land Use
|
Maximum Allowed
(Except Residential)
| |
|---|---|---|
|
Retail
|
2,500,000 square feet
| |
|
Offices
|
2,000,000 square feet (professional health care facilities are
calculated as office use)
| |
|
Hotel
|
500,000 square feet
| |
|
Conference
|
200,000 square feet
| |
|
Commercial recreation
|
100,000 square feet
| |
|
Residential
|
Minimum: 175 units Maximum: 375 units
|
E.
Lot, height and yard restrictions.
(1)
Lot size, minimum: 55 acres.
(2)
Building height, maximum: no limit.
(3)
Building coverage, maximum: 40% (not including parking structures).
(4)
Impervious coverage, maximum: 65% (including buildings, parking,
access driveways, roadways and any other hard surface areas; this
calculation shall not include major access roadways from the New Jersey
Turnpike and Route 46 into the site).
(5)
Open space, minimum: 35% (may include hard surface areas in
public spaces and open space areas).
F.
Miscellaneous restrictions.
(1)
Parking.
(a)
The following minimum parking requirements shall be required:
|
Use
|
Minimum Parking Requirement
| |
|---|---|---|
|
Offices
|
1 space per 250 square feet of gross floor area
| |
|
Retail
|
1 space per 200 square feet of gross floor area
| |
|
Hotels
|
1 space per room plus 1 space per employee on the maximum shift
| |
|
Restaurants
|
1 space for every 3 seats
| |
|
Conference centers
|
1 space per 400 square feet of floor area
| |
|
Professional health care
|
1 space per room plus 1 space per employee on the maximum shift
| |
|
Commercial recreation
|
1 space per 200 square feet of gross floor area
| |
|
Residential
|
in accordance with the New Jersey Residential Site Improvement
Standards
|
(b)
Where the development consists of a mix of uses, the total parking
required shall be the sum of the totals required for each individual
use. However, shared parking may be allowed, subject to Planning Board
approval, provided that there is no significant simultaneous use.
(c)
A total of 75% of the required parking for the development shall
be provided in parking structures.
(2)
Open space/buffer areas.
(a)
An open space/recreation area shall be provided along the area
adjacent to Overpeck Creek. This open space area shall provide walking,
gathering and sitting areas for the enjoyment of the residents and
employees of the development as well as guests. This area shall be
designed to interface with the project buildings, entrances and internal
pedestrian walks and mall areas. Gardens, landscape water features
and outdoor art shall be provided in this open space area. Provisions
shall be made to extend the waterfront walkway north of Route 46.
No roadways or driveways shall intersect this open space area.
(b)
Pedestrian walks and plazas shall be provided throughout the
development and shall interface with the waterfront open space areas.
(c)
Adequate buffer areas shall be provided adjacent to the environmentally
sensitive areas in accordance with New Jersey regulations or Planning
Board review.
(3)
Signs. Signs shall adhere to § 96-7.8 of this chapter, with the following exceptions:
(a)
Freestanding signs.
[1]
No billboards or electronic billboard message signs are permitted.
[2]
All freestanding signs shall only be used to identify the development
project. No freestanding sign shall be used to advertise any product
or one particular retail or office use. Any proposed hotel or conference
center use may have a secondary sign attached to the project development
identification sign.
[3]
One freestanding sign shall be permitted on each highway frontage
where vehicular access is provided. The freestanding identification
sign shall be no larger than 150 square feet. The proposed hotel or
conference center sign may have an additional sign area of no more
than 75 square feet.
[4]
Freestanding signs shall have a height of no more than 40 feet.
[5]
Freestanding signs shall have a minimum setback of 30 feet from
the street right-of-way line.
(b)
Wall signs.
[1]
Wall signs shall be permitted on exterior walls facing major
highways. One wall sign per wall identifying the project component
within (retail, office or hotel) shall be permitted on each such wall
facing the New Jersey Turnpike and Route 46. No wall sign shall exceed
10% of the facade of the wall or a total of 200 square feet, whichever
is less.
[2]
For individual retail uses, a sign plan and package shall be
designed to coordinate signage areas, design schemes and elements.
Signs along pedestrian areas may have awnings and canopies, with a
similar design that presents a uniform sign and canopy scheme.
(4)
Other design criteria and requirements. The applicant shall refer to Chapters 96 and 96A of the Village ordinances with respect to other requirements of the planned development. If any section of the Zoning or Site Plan Ordinance conflicts with the requirements of this planned development section, the requirements in this section shall prevail.
G.
Review process.
(1)
An application for the Planned Development - 1 Zone requires
a careful review from conceptual design to site plan review of the
entire project and each phase. This review process will be particularly
important because of the size of the potential project and the fact
that it must be "master planned" from a conceptual plan to preliminary
and final site plans. Since a great deal of flexibility is built into
the development of this zone, it is vital that the Planning Board
be able to have significant input in the design process and review
of the type and scale of proposed uses on the site.
(2)
It is also important for the Planning Board to have significant
input since development is likely to be phased, and the components
of each phase, and how the phases combine to form one comprehensive
development, are vital to achieving the objectives of this zoning
designation and zone plan.
(3)
Therefore, the following plan review procedures shall be followed:
(a)
Any application in the PD-1 Zone shall initially submit a concept
plan which shall include the following:
[1]
Land uses proposed, location, intensity, height and relationship
of uses.
[2]
Transportation concept plan and preliminary traffic analysis,
including access to the site and internal circulation patterns. Preliminary
parking analysis and locations shall also be presented.
[3]
Open space plan and pedestrian circulation plan.
[4]
Utility availability and local service plan to ensure public
safety.
(b)
Thereafter, a preliminary site plan application shall be submitted to the Planning Board conforming to § 96A-29 (Plat design standards for site plans) and which shall also include the following components:
[1]
Building and use plan as per § 96A-29C(2)(a) and also including:
[2]
Circulation plan as per § 96A-29C(2)(b) and also including:
[3]
Natural resources and landscaping plan as per § 96A-29C(2)(c) and also including:
[a]
Indoor and outdoor plazas, walks, viewing areas
and passive recreation areas.
[5]
Facilities plan as per § 96A-29C(2)(d) and also including:
[a]
A stormwater management plan.
[6]
Sustainable development implementation report or plan discussing
the use of clean building technology and energy conservation incorporated
into the proposed development.
[7]
Local service and fiscal impact analysis, including:
(4)
Required findings for planned development applications. The
Planning Board shall make the following findings relative to each
planned development:
(a)
The proposed development complies with the zoning regulations
otherwise applicable to the subject property. Any deviations from
the zoning regulations must meet the criteria for justification of
a variance in accordance with N.J.S.A. 40:55D-70.
(b)
The provisions through the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic,
and the amenities of light and air, recreation and visual enjoyment
are adequate.
(c)
The proposals for maintenance and conservation of the common
open space are reliable, and the amount, location and purpose of the
common open space are adequate.
(d)
The proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established.
(e)
In the case of a proposed development which contemplated construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and of the residents, occupants
and owners of the planned development in the total completion of the
development are adequate. The Planning Board may grant overall general
plan approval for a period not to exceed 20 years.
(5)
Final site plan approval.
(a)
The final site plan approvals for each phase of the development
shall follow preliminary site plan requirements and shall include
all changes required as a condition of the preliminary approval. Final
approval for each phase shall be in effect for two years. However,
the Planning Board may grant final approval for longer than two years
if it deems necessary. The developer may apply for a final approval
for such additional period of time longer than two years as shall
be determined by the Planning Board to be reasonable, taking into
consideration the comprehensiveness of the development, economic conditions
and the amount of commercial and residential development approved.
(b)
The Planning Board may grant an extension of final approval
for one-year increments based on the criteria outlined in N.J.S.A.
40:55D-52, but not to exceed three extensions.
