[Amended 5-14-1984; 12-30-1985 by Ord. No. 50-85; 3-10-1986 by Ord. No. 7-86; 5-14-1986; 7-14-1986; 7-28-1986; 9-14-1987; 8-9-1993 by Ord. No. 27-93; 7-11-1994 by Ord. No. 21-94; 12-12-1994 by Ord. No.
40-94; 10-16-1996 by Ord. No. 19-96; 3-9-1998 by Ord. No. 4-98; 3-27-2000 by Ord. No. 3-2000; 4-23-2001 by Ord. No. 14-2001; 2-11-2002 by Ord. No. 1-2002]
[Amended 4-13-2009 by Ord. No. 11-2009]
For the purposes of this article, the Borough is hereby divided
into 18 zones as follows:
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R-1
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Single-Family Residence Zone
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R-2
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Single-Family Residence Zone
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R-3
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Single-Family Residence Zone
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R-4
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Two-Family Residence Zone
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R-5
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Multiple-Family Residential Zone
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R-5A
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Multifamily Residential Zone
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R-6
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Single-Family Attached and Patio Homes Residence Zone
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RC
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Single-Family Residential Cluster Zone
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P
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Professional Office Zone/Residential
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CBD-1
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Central Business District Zone
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CBD-2
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Central Business District Zone
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CC
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Community Commercial Zone
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U
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University Zone
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OR
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Office-Research Zone
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PCD-O
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Planned Commercial Development-Office Zone
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R-SH
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Senior Citizen Housing Zone
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OSGU
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Open Space/Government Use Zone
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POR
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Private Outdoor Recreation Zone
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R-PH
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Residential-Public Housing
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R-9
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Multifamily Residential Zone
[Added 6-28-2021 by Ord. No. 28-2021] |
The location and boundaries of the above districts are hereby
established on the Zoning Map of the Borough of Madison in Morris
County which is filed in the office of the Borough Clerk. Said map
or maps and all notations, references and designations shown thereon
shall be part of this article as if the same were all fully described
and set forth therein.
Whenever an uncertainty or ambiguity exists as to the true location
of any boundary line of any zone shown on the map, the following rules
shall apply:
A.
The zone boundary lines are intended generally to follow street center
lines, existing lot lines, center lines of railroad rights-of-way,
waterways, sewer and utility easements or as otherwise indicated on
the Zoning Map. Where a zone boundary line does not coincide with
any such line as above set forth, its location or relation to another
boundary line shall be as designated on said Zoning Map by means of
figures or dimensions expressing distance in feet from a street side
line or other boundary line. In cases of uncertainty or disagreement
as to the true location of any zone boundary line, the determination
thereof shall be with the Board of Adjustment.
B.
In the event that a zone boundary line divides one or more lots,
then the zone boundary line shall be considered the lot limit for
computing all area, bulk, yard buffer and any other dimension requirements
specified in this article.
The Schedule of Area, Yard and Building Requirements is contained
in Schedule I at the end of this chapter and is hereby made part of
this chapter.
This zoning article shall be viewed as permissive. After the
adoption of this chapter, no uses or structure shall be permitted
in the Borough which is not listed as a permitted, accessory or conditional
use or unless permitted by the Zoning Board of Adjustment.
Notwithstanding compliance with specific conditional use standards
hereinafter set forth, conditional uses shall require site plan approval
by the appropriate board.
A.
No building or structure shall be erected and no existing building
or structure shall be moved, altered, added to or enlarged, nor shall
any land or building be designed, used or intended to be used for
any purpose or in any manner other than as specified among the uses
listed as permitted, accessory or conditional in the district in which
such building or land is located.
B.
No building or structure shall be erected, restructured, or structurally
altered to exceed in height the limit designated in the district in
which such building or structure is located.
[Amended 5-30-2018 by Ord. No. 26-2018]
C.
No building or structure shall be erected, no existing buildings
or structures shall be altered, enlarged or rebuilt, nor shall any
open space surrounding any building be encroached upon or reduced
in any manner, except in conformity with the yard, lot area and building
location regulations hereinafter designated for the district in which
such building or open space is located.
D.
The area or dimension of any lot, yard, parking area or other space
shall not be reduced to less than the minimum required by this article;
and if already less than the minimum required by this chapter, said
area or dimension shall not be further reduced.
E.
Upon issuance of any demolition permit, the site grading, particularly
open foundation areas, shall be filled, stabilized and regraded within
one week after initiating said demolition work, weather permitting,
in such a manner as to prevent the collection of water, increase of
erosion, damage to shade tree root systems, or any slope-related hazards
associated with open excavation in residential areas. Alternatively,
demolition permits are not encouraged to be sought until all related
applications for permits under the local development regulations (zoning,
site, environmental or special regulated features) are submitted as
complete and approved.
[Added 10-23-2006 by Ord. No. 50-2006[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection
E as Subsection F.
F.
The provisions and restrictions contained in this article shall not
apply to or be binding upon the Borough of Madison.
(Note: Where applicable below, the regulations for off-street parking improvements in Article IV, § 195-25.15 are hereby incorporated by reference.)
A.
Required yards.
(1)
Every lot shall include front, side and rear yards having the
areas and dimensions required within the particular zone in which
said lot is located.
(2)
No yard or other open space provided for any building for the
purpose of complying with the provisions of this article shall be
considered as providing a yard or other open space for any other building
on any other lot.
(3)
No land in a residential zone shall be used to fulfill open
space, minimum areas, minimum yard and setback requirements, parking
or other similar requirements for uses in nonresidential zones.
B.
Front yards.
(1)
Yards fronting on streets less than 50 feet wide. Where any
lot abuts a street right-of-way which is less than 50 feet in width,
the front yard setback required for such lot shall be increased in
depth by 1/2 the difference between the width of the street and 50
feet.
(2)
Yards fronting on streets 50 feet or more in width, as shown
on the Master Plan. Where any lot abuts a street with a proposed right-of-way
50 feet or more in width, as shown on the Borough Master Plan, the
building setback distance shall be measured from the nearest line
of the proposed street right-of-way on said Master Plan.
C.
Front yards on corner lots. Every yard of a corner lot which abuts
a street shall be considered a front yard, and the front yard setback
requirements for the zone in which the lot is situated shall be complied
with on every street frontage, except in the Community Commercial
Zone, where the side yard shall be 1/2 of the corner front yard setback.
D.
Front yards of through lots. In the case of a lot running through
from one street to another, the frontage of such a lot, for the purpose
of this article, shall be considered that frontage upon which the
majority of the buildings in the same block front, but in case there
has been no clearly defined frontage established, the front lot line
shall be the line upon which the primary entrance of the principal
building faces, or will face when constructed.
E.
Front yards in the R-2, R-3 and R-4 Zones. In the R-2, R-3 and R-4
Zones, the front yard requirement shall be as set forth in Schedule
I,[1] except that where the existing principal buildings on
the same side of the street and within 200 feet of any subject lot
create an established setback, new buildings shall conform to such
established setback or, if none is established, to the average of
the setbacks of the principal buildings within 200 feet, provided
that no new building may be situated nearer than 25 feet to the front
property line nor be required to set back more than 60 feet from said
front property line. The foregoing established front setbacks shall
also apply to existing buildings for the purpose of determining whether
front setback variance relief is required for proposed additions.
[Amended 10-16-2013 by Ord. No. 41-2013]
[1]
Editor's Note: Schedule I is included at the end of this chapter.
F.
Projections and encroachments. Yards and courts required by this
article shall be free of buildings, structures or parts thereof, and
no building or structure shall project into any front, side or rear
yard required by this article, nor shall use be made of such yard,
except as follows:
(1)
Unenclosed porches, including steps extending not more than
72 inches from the building line and not exceeding more than 20 square
feet in size.
(2)
Window wells affording light and air to basement and cellar
areas.
(3)
Cornices and eaves may project not more than two feet into any
required yard.
(4)
Chimneys may project not more than two feet into any required
yard.
(5)
Driveways providing access to permitted garages or parking areas;
provided, however, that in residential zones, driveways used to provide
access to private garages shall not be wider than 20 feet.
(6)
Sills, leaders and similar ornamental or structural features
may project not more than six inches into any required yard.
(7)
Fences and retaining walls, where specifically permitted in
this chapter.
(8)
Freestanding flagpoles, television antennas and radio aerial
masts, children's playground equipment, outdoor fireplaces and yard
clothes lines and posts, but they must be set back at least five feet
from any property line. Except for freestanding flagpoles, such structures
shall not be located in the front yard.
(9)
Accessory buildings and uses, including swimming pools, where
specifically permitted in this chapter.
(10)
Residential heating and cooling units, if located in the side
yard, shall be buffered from adjacent neighbors with evergreen plantings
to help mitigate visual appearance, noise and vibration.
(11)
Front entry roofs with a maximum depth of 5 1/2 feet and
a maximum width of eight feet shall be exempt from front yard setback
requirements in residential zones, provided that the distance between
the proposed front entry roof and the front property line is at least
75% of the required applicable front yard setback.
[Added 10-15-2008 by Ord. No. 65-2008]
G.
Lots abutting municipal parking lots. Any nonresidential lot abutting
a municipal parking lot shall be required to meet only 1/2 of the
minimum yard requirements for the zone in which located for the yard
abutting the municipal parking lot.
H.
Side
and rear yards in residential zones. In all residential zones, the
area within five feet of all side and rear lot lines shall be free
of all driveways, parking areas, walkways, decks, patios and other
paved surfaces.
[Added 10-16-2013 by Ord. No. 41-2013]
Every principal building shall be built upon a lot with the
minimum required frontage upon an approved street which shall be improved
in accordance with the street standards established by the Borough
of Madison or the residential site improvement standards (RSIS), as
applicable.
A.
Only one principal building may be erected in the R-1 through the
R-4 Zones. In all other zones, related compatible buildings under
one management may be erected, used or occupied, provided that all
other open space, setback and coverage requirements of this article
are met.
B.
No new building shall be constructed on or any existing building
altered or moved onto any lot for use as a dwelling when there exists
on said lot a building which is being used for dwelling purposes.
No building other than a structure permitted in and by this article
shall be constructed in front of or moved to the front of a principal
building situated on the same lot.
A.
Appurtenances attached to principal structures. Church spires, belfries,
domes or antennas attached to buildings, penthouses (not for human
occupancy), chimneys, ventilators, skylights, water tanks, bulkheads
and necessary mechanical appurtenances usually carried above roof
level shall not be considered when determining the height of the building,
and are not subject to height limitations, except that such features
shall not exceed 20% of total roof area and shall not exceed a height
such as is necessary to accomplish the purpose for which they are
intended to serve.
B.
Freestanding noncommercial accessory structures. Water towers and
radio and television antennas which are erected as freestanding structures
may be erected to a height which can be demonstrated to the Board
as necessary to accomplish their intended function. Federally licensed
amateur radio facilities shall be subject to Federal Communications
Commission (FCC) rules which govern the height of licensed amateur
operator radio antennas. The height of the tower or antennas shall
conform with U.S. Federal Communications Commission Regulations governing
licensed amateur radio operators and, if required, Federal Aviation
Administration (FAA) notification and FCC approval. All freestanding
noncommercial accessory structures shall not be located within any
required front, side or rear yard setback areas and shall be subject
to the structural provisions of the New Jersey Uniform Construction
Code.
(Note: Where applicable below, the fence regulations in Article IV, § 195-25.5 are hereby incorporated by reference.)
A.
General requirements.
(1)
No accessory building shall be constructed on any lot on which
there is not a principal building structure.
(2)
Any accessory structure attached to the principal building shall
be considered part of the principal building.
(3)
On through lots, no accessory structure erected in the rear
yard shall be nearer to the "rear" street line than the minimum front
yard setback for the zone in which such lot is located.
B.
The following requirements shall be complied with in all residential
zones:
(1)
No accessory building shall be used for human habitation.
(2)
No accessory building shall have floor or ground area in excess
of 500 square feet or 1/3 of the floor or ground area of the principal
building, whichever is less.
[Amended 4-8-2019 by Ord.
No. 10-2019]
(3)
Except as specifically permitted elsewhere in this article,
no accessory building or structure shall exceed 15 feet in height.
(4)
No accessory building or structure shall be permitted in any
front yard.
(5)
Accessory buildings built in a rear yard shall be no closer
than five feet to any side or rear property line of the lot containing
said accessory building; provided, however, that no accessory building
shall be located closer than 10 feet to said line on any lot which
has a rear lot line that serves as a side line of an adjoining property.
(6)
No accessory building shall be erected on any corner lot closer
to any of the lines of the streets abutting said lot than the front
yard setback lines from said streets.
C.
The following requirements shall be complied with in all nonresidential
zones:
(1)
Except as specifically permitted elsewhere in this article,
no accessory building or structure shall exceed 15 feet or be more
than one story in height.
(2)
No accessory building or structure shall be permitted in any
front yard.
(3)
Accessory buildings may be built within the side yard if the
distance from any such accessory building to the side line of the
lot on which it is constructed is equal to or greater than the width
of the side yard required from the principal building on said lot.
D.
Requirements for specific accessory structures and uses.
(1)
Home occupations.
(a)
Home occupations shall be permitted as accessory uses in all
residential zones and shall be exempt from approval by the Planning
Board or Zoning Board of Adjustment if the following standards are
satisfied:
[1]
The practitioner must be the owner or lessee of
the residence in which the home occupation is contained.
[2]
The practitioner must reside in the home.
[3]
There are no nonresidential employees working on
the premises.
[4]
There is no external evidence of the home occupation.
[5]
There are no retail sales conducted on the site.
[6]
No clients will visit the site.
[7]
There is no sign identifying the home occupation,
and there is no identification of such home occupation upon any mailbox.
[8]
There are no delivery vehicles other than those
associated with the residential use on site.
[9]
The home occupation is clearly incidental and subordinate
to the principal use of the dwelling for residential purposes. The
maximum area devoted to the home occupation shall be limited to not
more than 25% of the total area of the floor where located, excluding
space used for a private garage, or 400 square feet, whichever is
smaller.
[10]
No equipment or process shall be used in such
home occupation which creates noise, glare, fumes, odors, electrical
interference, medical waste or other nuisance factors detectable to
the normal sense or to radio, telephone or television equipment off
the lot.
(b)
Home occupations shall be permitted as accessory uses in all
residential zones and shall require a zoning permit if the following
standards are satisfied:
[1]
The practitioner must be the owner or lessee of
the residence in which the home occupation is contained.
[2]
The practitioner must reside in the home.
[3]
The practitioner shall not engage the services
of more than one office employee. Use of the office by groups of other
persons shall not be permitted.
[4]
The home occupation shall occupy less than 50%
of the total area of the floor where located, excluding space used
for a private garage, or 900 square feet, whichever is smaller.
[5]
No clients shall, in such relationship, remain
on the premises overnight.
[6]
The residential character of the neighborhood and
the premises shall not be subordinated to the home occupation use.
[7]
Adequate parking spaces shall be provided in accordance
with the parking standards of this chapter so that no parking related
to the home occupation shall occur on the street.
[8]
No retail sales shall be conducted on the site.
[9]
No more than one business visitor shall be permitted
at any one time.
[10]
No sign identifying the home occupation shall
be permitted, and there shall be no identification of such home occupation
upon any mailbox.
[11]
No equipment or process shall be used in such
home occupation which creates noise, glare, fumes, odors, electrical
interference, medical waste or other nuisance factors detectable to
the normal senses or to radio, telephone or television equipment off
the lot.
(2)
Amusement machines.
(a)
Such machines shall be permitted in the CBD, CC and U Zones
as accessory uses to establishments where the primary use is a recreational/entertainment
use, such as bowling alleys, theaters, the YMCA or similar establishments
and establishments licensed to sell alcoholic beverages for on-site
consumption only in accordance with the following limitations:
[1]
There shall be 60 square feet of operating area
for each machine. The calculations of the operating areas shall exclude
any area of the premises which is used for other purposes, but shall
include access and walkways primarily serving the machine.
[2]
Not more than five such machines as accessory uses
shall be permitted in any single establishment.
[3]
The maximum area devoted to such machines (60 square
feet x number of licensed machines) shall not constitute more than
30% of the gross floor area of the establishment.
(3)
Boarders and roomers. In any residential structure, as an accessory
use, not more than three persons shall be permitted to occupy any
dwelling unit as boarders or roomers in accordance with the following
requirements:
(4)
Satellite earth stations.
(a)
Permitted districts.
[1]
A satellite earth station shall be permitted as
an accessory use in all zone districts. Satellite earth stations shall
require site plan approval from the Planning Board, except where accessory
to a one- or two-family residential use. In the case of a one- or
two-family residential use, the application shall be determined by
the Zoning Officer, or by the Zoning Board of Adjustment whenever
a request for interpretation is necessary or variance is requested
by the applicant.
[2]
Whenever an antenna is accessory to a one- or two-family
dwelling; whenever an applicant claims that any general regulation
standard must be modified because of inability to obtain a reasonably
satisfactory signal, impracticability, under hardship or other criteria
for modification or whenever the adequacy of and/or reasonableness
of screening is in issue, such application shall be referred to the
Board of Adjustment for interpretation pursuant to N.J.S.A. 40:55D-70b.
(b)
Application. The plans of such antenna shall be submitted with
each application for a building permit, which shall include:
[1]
A site plan drawn at a scale of no smaller than
one inch equals 20 feet indicating the diameter, location, setbacks,
and screening (if ground-mounted) and a mounting detail drawn at a
scale no smaller than 1/2 inch equals one foot zero inches indicating
height, color, style or type and method of installation. The plans
must be prepared by a New Jersey professional engineer or other qualified
expert with a statement that the proposed installation complies with
the requirements of the Uniform Construction Code.
[2]
The name and address of the applicant and owner
of the property on which the satellite earth station is to be located.
[3]
The tax lot and block numbers and the property
lines of the property.
[4]
All existing buildings and structures and all accessory
buildings and structures on the property.
[6]
Applications for the installation of satellite
earth stations capable of transmitting and receiving signals will
additionally be required to submit a report prepared by a radio frequency
engineer. The minimum requirements of this report are as follows:
[a]
The calculated levels of electromagnetic field
intensities (EMP-power densities) compared to allowable residential
environment continuous exposure to levels as per accepted industry
standards.
[b]
An analysis of the findings and conclusion.
[c]
Copies of data, sketches and specifications which
are the basis for the calculations and analysis. The conclusions shall
include an assessment of relative health risk to people living or
working near the proposed facility.
[7]
If a ground-mounted transmit/receive-type antenna
is proposed, the site plan shall additionally include the proposed
location of a protective fence surrounding the antenna on all sides
necessary to address all health and safety issues.
(c)
Performance standards.
[1]
No satellite earth station may be placed in the
front yard of any lot in the Borough. A corner lot shall be deemed
to have a front yard facing each street.
[2]
Receive-only satellite earth stations 36 inches
in diameter or less shall be located on the roof. Receive-only satellite
earth stations greater than 36 inches in diameter shall be placed
on a lot only in the rear yard; provided, however, that on a clear
and convincing showing by an applicant that a reasonably satisfactory
signal cannot be obtained from a rear yard location, the Board may
permit the antenna to be located in the side yard, and if such signal
cannot be obtained in either rear or side yard, the Board may permit
the antenna to be located on the roof of any principal or accessory
building on the lot.
[3]
A transmit/receive satellite earth station shall be placed on the roof of the principal building of the lot; provided, however, that on a clear and convincing showing by an applicant that this requirement is impracticable or would cause undue hardship or that installation elsewhere would substantially further the purposes and objectives of this subsection without substantial adverse impact on adjoining properties, the Board may permit the antenna to be located in the rear yard of the lot. If a ground-mounted transmit/receive-type antenna is proposed, the site plan shall include the proposed location of a protective fence, a minimum of four feet in height, surrounding the antenna on all sides. The proposed fence shall be constructed in accordance with Article IV of this chapter.
[4]
No satellite earth stations shall be closer to
the side property line than a distance equal to the diameter of said
antenna or side yard setback requirement for the principal structure
on the lot, whichever results in the greatest setback.
[5]
No satellite earth stations shall be closer to
the rear property line than a distance equal to the diameter of said
antenna or rear yard setback requirement for the principal structure
on the lot, whichever results in the greatest setback.
[6]
When mounted on the ground, the overall height
from the surrounding ground level to the lowest point of the antenna
shall not exceed two feet, except in instances where additional clearance
is needed to satisfactorily receive and/or transmit signals. No ground-mounted
satellite earth station shall exceed 12 feet in height, as measured
from the average grade of the base of the antenna to the highest point
of the antenna.
[7]
Roof-mounted antennas.
[a]
Flat roofs and mansard-style roofs. No roof-mounted
satellite earth station may extend above the roofline more than nine
feet six inches when mounted on a flat roof or mansard-style roof.
However, upon a showing that such a roof-mounted antenna will not
receive adequate reception under the restrictions of this subsection,
the minimum height necessary for reasonable satisfactory reception
my be allowed. Roof-mounted antennas on a flat roof shall be located
in the center of the roof structure to reduce visibility.
[b]
All other style roofs. No roof-mounted satellite
earth stations may extend above the highest point of the roof more
than three feet when mounted on all other style roofs, and the roof-mounted
satellite earth station must be located on the portion of the roof
facing the rear yard or, if this would unreasonable limit signal reception,
the side yard. However, upon a showing that such a roof-mounted antenna
will not receive adequate reception under the restrictions of this
subsection, the minimum height necessary for reasonably satisfactory
reception may be allowed.
[8]
The diameter of satellite earth stations shall not exceed 12 feet for C-band technology for receiving and shall not exceed eight feet in diameter for Ku-band V Sat technology for transmitting, subject to Subsection D(4)(c)[7]. All satellite earth stations shall be of the mesh-type only, with not more than 85% of the surface being solid.
[9]
All satellite earth stations shall be painted a
solid, dark, nonmetallic, non-glossy color if ground-mounted. Roof-mounted
antennas mounted on a flat roof or mansard-style roof shall be painted
a solid, dark, nonmetallic, non-glossy light to medium gray. When
mounted on all other style roofs, the satellite antenna shall be painted
the color of the surface to which it is attached.
[10]
The ability of the applicant to install a satellite
earth station in an unobtrusive location and to minimize the visual
and health impacts on neighboring properties shall be a major factor
in determining whether or not a permit is issued.
[11]
The number of allowable satellite earth stations
is as follows:
[a]
For single-family and two-family dwellings: one
per building.
[b]
For attached dwellings, patio homes and duplex,
townhouse and multifamily dwellings: one per building.
[c]
For all other uses permitted in residential zones
not specifically provided for otherwise (e.g., schools, churches,
nursing, homes, etc.): one per building.
[12]
The satellite earth station may only be used for
occupants of the building located on the property.
[13]
When the use of a satellite earth station is abandoned
it shall be removed.
[14]
Satellite earth stations may not be mounted on
a portable or movable structure, such as a trailer.
[15]
To the extent permitted by law, no satellite earth
station shall be located on or abutting any property which is located
in the National or State Register of Historic Places.
[16]
No satellite earth station shall be erected on
a public utility easement without the consent of the easement holder.
[17]
The proposed earth satellite station shall be
the smallest commercially available equipment based on the current
technology so as to minimize the visual impact on the surrounding
areas.
[18]
The satellite earth station may not be used as
a sign.
[19]
All wiring or connecting cables between the satellite
earth station and the principal building on the site shall be buried
underground.
[20]
Screening. Ground-mounted antennas shall be screened
as to minimize visibility from public streets and adjoining properties.
Screening shall be accompanied by the installation of landscaping
and/or fencing or in the form of a wall or structure enclosing the
antenna. The species, quantity, size and spacing of plant materials
shall be specified on the site plan. In order to reduce the height
of plant materials, soil berms may be used in conjunction with the
proposed landscaping. Any walls or structure shall be constructed
of plastic, fiberglass, or other approved materials which will not
impede the function and operation of the antenna. Any walls or structures
shall be constructed to be consistent with the surrounding site characteristics.
The requirements of this subsection shall not impose unreasonable
limitations on, or prevent, reception of satellite-delivered signals
by satellite and receiving/transmitting antennas or impose costs on
the users of such antennas that are excessive in light of the purchase
and installation cost of the equipment.
(d)
Such satellite earth stations, appurtenances, landscaping and
fencing shall be kept and maintained in good condition.
(5)
Outdoor storage.
(a)
Outdoor storage of any kind is prohibited within the front yard.
(b)
The outdoor storage of any items, materials and equipment, other
than those customarily placed in courtyards and yards, incidental
to authorized residential use and occupancy, is prohibited in all
residential zones.
(c)
No outdoor vertical stacking of vehicles shall be permitted.
(d)
Outdoor storage of garbage trucks in any zone is specifically
prohibited.
(e)
No flammable or explosive liquids, solids or gases shall be
stored above ground unless as otherwise required by applicable federal,
state or local regulations. Tanks or drums of fuel directly connecting
with heating devices or appliances located on the same premises as
the tanks or drums of fuel are excluded from this provision.
(f)
All outdoor storage facilities shall be enclosed by a fence
or wall adequate to conceal such facilities and the contents thereof
from adjacent property and shall meet all required accessory building
setbacks for the zone in which located. This provision shall not apply
to outdoor storage of new cars or other vehicles on the premises of
a dealer.
(g)
No materials or wastes shall be stored on any premises in such
form or manner that they may be transferred off such premises by natural
causes or forces such as wind or water.
(h)
All materials or wastes which might cause fumes or dust or which
constitute a fire hazard, or which may be edible by or otherwise attractive
to rodents or insects, shall be stored outdoors only in closed containers.
(6)
Decks, patios and terraces over two feet in height must meet
the required yard setbacks for principal buildings.
(7)
Swimming pools.
(a)
No pool shall be closer than 15 feet to any side or rear lot
line.
(b)
On any corner lot, no part of any private swimming pool shall
be constructed within the front yard area required to be provided
on either street.
(c)
Artificial lights used or maintained in connection with a private
swimming pool shall be so located and shielded that the illumination
therefrom is not directed upon any adjacent property.
(d)
No private swimming pool shall be used other than as an accessory
use of the premises whereon it is located.
(e)
The fence requirement set forth in this section shall be complied
with.
(f)
Any buildings or structures erected in conjunction with a swimming
pool shall comply with the provisions of accessory structures.
(8)
Commercial trailers, tractors and mechanized equipment in residential
zones. Except as permitted in this section, commercial and industrial
trailers, tractors, construction machinery and equipment, commercial
trucks and vehicles greater than 6,000 pounds, or any open trailer,
shall not be kept, placed or stored in any residence zone, except
in the following instances:
(a)
Equipment and machinery used in connection with the construction,
alteration, removal, or demolition of any buildings or structure or
the excavation of any land may be permitted to stand upon the premises
where such work is being undertaken while the same is in progress.
(b)
The equipment is stored in the garage.
(9)
Mobile dwelling, trailer and recreational equipment. No mobile
dwelling, trailer or any recreational equipment shall be stored or
parked on any premises in any residential zone district within the
limits of the Borough of Madison, except as hereinafter provided.
(a)
No mobile dwelling, trailer or recreational equipment shall
be stored or parked within any residential district other than that
lot upon which the principal residence structure of the actual owner
of the recreational equipment is located.
(b)
No mobile dwelling, trailer or recreational equipment shall
be stored or parked at any time when said premises are not being occupied,
except for vacation absences.
(c)
All mobile dwellings, trailers or recreational equipment shall
be stored or parked to the rear of the rear building line of the principal
building and shall comply with accessory building setbacks.
(d)
All mobile dwellings, trailers or recreational equipment must
be kept clean and in good repair at all times and shall carry a current
year's license or registration as required by law.
(e)
All mobile dwellings, trailers or recreational equipment shall
be maintained in mobile condition.
(f)
No mobile dwelling, trailer or recreational equipment shall
be used for sleeping or dwelling purposes while on said premises,
and no mobile dwelling, trailer or recreational equipment shall not
be commercially stored or offered or displayed for sale. Such recreational
equipment shall not be connected with any electric, water, gas or
sanitary sewer facilities.
(g)
No mobile dwelling, trailer or recreational equipment shall
be stored, parked or maintained so as to create a dangerous or unsafe
condition on the premises where parked.
(10)
Family day-care homes. Family day-care homes are permitted as
accessory uses in all residential zones.
(11)
Automated teller machine (ATM). Outdoor ATM's are permitted
in association with on-site financial institutions, in accordance
with the bulk and design standards of this chapter. Measures to enhance
personal security at the ATM stations shall be provided. Other commercial
uses shall be permitted to contain indoor ATM's that may operate during
normal business hours and will be subject to the sign ordinance requirements
of this chapter, where applicable.
(12)
Certain nonresidential accessory uses.
(a)
Vending machines. In the CBD-1, CBD-2, CC and U Zone Districts
a nonresidential property is permitted to have two outdoor vending
machines in accordance with the following:
[1]
The machine(s) shall be appropriately located so
as not to interfere with sight triangles, required setbacks, on-site
circulation, landscaping and parking.
[2]
The machine(s) shall be accessory to an existing
nonresidential use.
[3]
A zoning permit for outdoor vending machines shall
be required. The permit shall be granted when it is determined by
the Zoning Officer that the most appropriate location for the machine(s)
has been achieved.
(b)
Used clothing bins. In the CC Zone District, a nonresidential
property is permitted to have up to four used clothing bins in accordance
with the following:
[1]
The bin(s) shall be appropriately located so as
not to interfere with sight triangles, and on-site circulation, required
setbacks, landscaping and parking.
[2]
The bin(s) shall be accessory to an existing nonresidential
use.
[3]
A zoning permit for used clothing bins shall be
required. The permit shall be granted when it is determined by the
Zoning Officer that the most appropriate location for the bin(s) has
been achieved.
(c)
Phone booths, mail and courier boxes and newspaper distribution boxes. These items may not be located in required sight triangles and should be located so as to not interfere with pedestrian or vehicular circulation and safety. These uses are recommended to be aesthetically pleasing as possible, and to incorporate a design theme where appropriate. Newspaper distribution boxes shall also comply with Chapter 128, Newspaper Distribution Boxes, of the Borough Code.
E.
Requirements
for temporary exterior storage units.
[Added 11-8-2010 by Ord. No. 55-2010]
(1)
CONSTRUCTION DUMPSTER
CONSTRUCTION TRAILER
MOBILE STORAGE TRAILER
PORTABLE HOME STORAGE UNIT
TEMPORARY EXTERIOR STORAGE UNIT
Definitions. For the purposes of this section, the following terms,
wherever used or referred to, shall have the respective meanings assigned
to them, unless a different meaning clearly appears from the context.
A roll off waste container transported to and from the place
of use by trucks or trailers and positioned at a construction site
for the collection and eventual disposal of construction waste.
A shipping container, or rolloff or mobile trailer at a construction
site utilized for storage, construction management or residential
sales offices purposes for the duration of the construction activities
associated with and in sole support of an approved development.
Any nonhabitable, portable enclosure without a permanent
foundation, designed to be hitched and/or attached to tucks, tractors
or other vehicles for movement from place to place with the purpose
to store tangible property and not for occupancy by persons. Mobile
storage structures shall only be allowed on commercial sites undergoing
active construction activities associated with and in sole support
of an approved development.
Portable sheds and/or enclosures that are designed, constructed
and commonly used for nonpermanent placement on property for the purpose
of temporary storage of personal property on a residential property
supporting the principal permitted use.
A construction dumpster, construction trailer, mobile storage
trailer, portable home storage unit or a portable sanitary restroom.
(2)
Placement, duration, maintenance. It shall be unlawful for any person
to park, place or suffer placement of a temporary exterior storage
unit which:
(a)
Is not secured or which is accessible to others not using the
unit.
(b)
Is not in a state of good repair.
(c)
Is in or upon any street, highway, roadway, designated fire
lane or sidewalk in the Borough.
(d)
Interferes with sight lines for motorists on adjoining streets
or the driveways of adjacent properties.
(e)
Obstructs safe means of access to or from any dwelling, use
or structure.
(f)
Creates, in the opinion of the Fire Subcode official, a fire
or safety hazard.
(g)
Displays advertising, other than the identification of the manufacturer
or operator of the unit.
(h)
Has not received a zoning permit.
(3)
Permitted temporary exterior storage units, commercial sites.
(a)
A single construction trailer utilized for storage may be allowed
upon a site wherein there is active construction of a nonresidential
building, provided that:
[1]
The location of the construction trailer is depicted
on a soil erosion and sediment control (SESC) plan approved by the
Morris County Soil Conservation District (MCSCD).
[2]
The trailer shall be used only in connection with
active construction and shall not remain upon the premises for longer
than two weeks past the substantial completion of said construction.
[3]
In no event will any trailer used in connection
with nonresidential development remain on said premises for more than
two years from the date of initial construction.
(b)
Mobile storage trailers shall be permitted, provided the following
conditions are satisfied:
[1]
A list of the types of goods and materials to be
stored shall be provided to the Bureau of Fire Safety.
[2]
The mobile storage trailer does not exceed eight
feet in height, 40 feet in length or 400 square feet.
[3]
No more than one mobile storage trailer shall be
permitted at any one time on a site.
[4]
Mobile storage trailers shall not be located within
any required parking space.
[5]
Mobile storage trailers shall not be located within
any required setback.
[6]
Mobile storage trailers shall be placed in the
least conspicuous location available to minimize disturbance and visibility
to any adjoining residential properties or uses.
[7]
The final location shall be determined by the Fire
Safety Official, Zoning Officer and Construction Code Official.
(c)
On the expiration of the two-year permitted duration, any temporary
exterior storage unit remaining on the site shall be removed or considered
a proposed accessory structure, subject to the zone district regulations
for accessory structures and will require an appearance before the
appropriate board of jurisdiction.
(4)
Permitted temporary exterior storage units, residential sites.
(a)
The use of construction dumpsters or alternatively portable home
storage units at residential construction sites for storage of materials
are permitted, provided that:
(b)
Portable home storage units shall be permitted in any residential
zone, provided the following conditions are satisfied:
[1]
No more than one portable home storage unit shall
be permitted on any property at one time.
[2]
Portable home storage units shall be no closer
than 10 feet to any lot line.
[3]
No portable home storage unit exceeds 130 square
feet in area, nor exceeds eight feet in height.
[4]
No portable home storage unit shall be erected
on any corner lot closer to any of the lines of the street abutting
said lot than the front yard setback lines from said streets.
[5]
Units must be kept on a paved or otherwise impervious
driveway at the furthest accessible point from the street.
(c)
In an emergency wherein use of a portable home storage unit is requested,
the Borough Zoning Officer, upon application, shall determine whether
approval is granted for this portable home storage unit. The Zoning
Officer's approval will be granted for a period of 30 days.
(d)
On the expiration of the six-month permitted duration, any temporary
exterior storage unit remaining on the site shall be removed or considered
a proposed accessory structure, subject to the zone district regulations
for accessory structures, and will require an appearance before the
appropriate board of jurisdiction.
(5)
Permits and fees.
(a)
No person shall park, place or suffer placement of a temporary
exterior storage unit without first obtaining a permit from the Zoning
Officer. The permit shall specify the time period during which the
unit may be kept on the property. The permit shall be obtained prior
to setting the unit on the property and shall be displayed in a weatherproof
manner on the unit.
(b)
For temporary exterior storage units on commercial sites not
shown on an approved MCSCD SESC plan, the permit application fee shall
be $50.
(c)
For temporary exterior storage units on residential sites, the
permit application fee shall be $50.
(d)
The permit application fee for emergency use of temporary exterior
storage units shall be waived for the first 30 days. Thereafter, the
normal permit application fee of $50 shall apply.
[Amended 11-13-2002 by Ord. No. 33-2002]
In the case of lots upon which an existing structure is located,
the side yard requirement may be reduced by six inches for each foot
by which a lot is less than a minimum width requirement for the zone
in which located. In any case, the side yard width for either side
yard shall not be reduced to less than 50% of the requirement of the
zone.
[Added 11-8-2010 by Ord. No. 56-2010]
A.
In the event that new public water supply wells are installed in
locations outside the boundaries of the WHPA, a new wellhead protection
area must be established for each new well. Subsequently, all of the
regulations detailed in this section e applied to the new wellhead
protection area.
B.
All major development, as defined in § 195-37, within the WHPA must demonstrate conformance with the Borough's enhanced stormwater management requirements pertaining to groundwater recharge and runoff water quality, as described in § 195-37.3F and G of the Borough Code, in order to eliminate the potential for degrading or contaminating the surface water and groundwater within the WHPA.
C.
A detailed hydrogeologic investigation shall be required for any
new major development or redevelopment within the WHPA. The hydrogeological
investigation should include site-specific discussions, including:
D.
The following high risk uses that are potential major sources of
groundwater contamination are prohibited in both of the designated
areas of the WHPA:
(1)
Building materials and contractor's yards.
(2)
Cemeteries.
(3)
Commercial fuel oil distributor.
(4)
Commercial livestock operations.
(5)
Dumps and open burning sites/pits.
(6)
Junk or salvage yards.
(7)
Land application of wastewater and/or sludge.
(8)
Machine shops.
(9)
Metal plating establishments.
(10)
Motor vehicle sales (new and used).
(11)
Motor vehicle service stations.
(12)
Bulk storage operations involving liquids, hazardous substances
or wastes, or petroleum products (excluding residential/commercial
heating oil storage) in excess of de minimis quantities as defined
by N.J.S.A. 13:1D-1 et seq., 13:1K-6, 58:10B-1 et seq., and 58:10-23.11a
et seq. (or most current), Industrial Site Recovery Act.
(13)
Recycling center.
(14)
Sanitary landfill or solid waste transfer facility.
(15)
Non-single-family sewage treatment/disposal pond.
(16)
Radioactive materials operations or disposal.
(17)
Quarries and mining operations.
(18)
Unenclosed road salt stockpiles.
(19)
(Reserved)
E.
Any high-risk use located within the WHPA in existence prior to the
date of enactment of this section shall be exempted from compliance
with the requirements of this section.
F.
Any material change or expansion of an existing high-risk use or
property that would, in the opinion of the Borough Engineer or other
applicable Borough official, result in a site plan or subdivision
application to the Planning or Zoning Board, or otherwise meet the
definition of a "major development," would require full compliance
with the contents of this section.
G.
The owner/operator of any new commercial and industrial uses within
the WHPA shall submit his/her spill prevention control and countermeasure
(SPCC) plans and any other written emergency procedures to the Borough,
upon request.
H.
The owner/operator of any new commercial and industrial uses within
the WHPA shall submit to the Board of Health and Borough Engineer
the following information and reports:
(1)
Copies of all federal, state and county operational applications,
approvals and permits; and reports and monitoring results that are
related to environmental, pollution control, hazardous substance,
hazardous waste and drinking water rules and regulations at the time
of submittal to the federal, state and county authorities.
(2)
Copies of all notices, reports and documents that are filed
with federal, state and county authorities, in the event of any release
of a hazardous substance or contamination, at the time of filing.
(3)
Copies of all notices, orders, rules, decisions, recommendations,
enforcement actions or similar documentation at the time of receipt
by or on behalf of the owner/operator from any federal, state of county
authorities in connection with enforcement of environmental, pollution
control, hazardous substance, hazardous waste and drinking water rules
and regulations.
I.
All garbage dumpsters for residential, commercial or industrial land
uses within the wellhead protection area shall be operated in an environmentally
safe manner, including but not limited to the use of watertight lids;
covered, regularly emptied dumpsters, no outdoor storage of solid
waste, etc.
J.
All new dumpster locations or relocations should be located as distant
from stormwater collection facilities as practicable. In no case shall
dumpster enclosures be located immediately upstream of any inlet,
catch basin or vegetated swale.
A.
B.
Essential services. Public utility lines for the transportation,
distribution and/or control of water, electricity, gas, oil, steam
and telegraph and telephone communications, and their supporting members,
other than buildings and structures, including pipes, shall not be
required to be located on a lot, nor shall this chapter be interpreted
to prohibit the use of a property in any zone for the above uses.
For purposes of this provision, wireless communications facilities
shall not be deemed an essential service.
C.
Amusement events. Notwithstanding any other provisions of this chapter,
the following uses may be permitted only by the Borough Council:
(1)
Temporary circuses; pony rides; animal acts; carnivals; bazaars;
and educational sports, music or theatrical enterprises and displays
when held out of doors in any zone, provided that the same are sponsored
by a recreational, religious, charitable, social or services organization
located within the Borough of Madison.
(2)
Cultural or athletic events which are part of a house of worship,
community house or school, college or university program and which
are held on the premises owned or leased by or otherwise under the
control of the institution conducting or sponsoring said program.
(3)
Bingo, raffles or other legalized games of chance, when properly
licensed in accordance with state and municipal requirements.
D.
Temporary offices. Trailers or mobile structures used as temporary
offices, workshops or for the storage of equipment and materials in
connection with permitted construction of new buildings or structures
may be temporarily permitted on the same site during the actual period
of construction.
E.
[1] Hours of business operations in certain areas. No retail
establishment located in any nonresidential zone, including CBD-1,
CBD-2 and CC Zones, that is located within 300 feet of any residential
zone shall conduct business between the hours of 11:00 p.m. of each
day and 6:00 a.m. of the following day. The distance shall be measured
from any property line of the retail establishment to the closest
residential zone line.[2]
[Added 6-14-2010 by Ord. No. 34-2010]
[1]
Editor's Note: Former Subsection E, Wireless telecommunications facilities, which immediately followed this subsection, was repealed 3-11-2002 by Ord. No. 9-2002. See now § 195-33B(10).
[2]
Editor's Note: Former Subsection F, regarding medical cannabis
dispensaries, which immediately followed, was repealed 1-23-2023 by
Ord. No. 2-2023.
A.
Purpose. The purpose of these zones is to preserve the integrity
of existing residential areas by preventing the intrusion of nonresidential
uses into residential neighborhoods and by maintaining existing development
intensity and population density consistent with residential neighborhood
patterns.
C.
Accessory uses.
(1)
Uses which are customarily incidental and accessory to the principal
use as permitted herein, including home occupations.
E.
Supplemental bulk and design regulations.
[Added 5-30-2018 by Ord.
No. 26-2018]
(1)
In no event shall the maximum height for detached single- or two-family
dwellings, as measured to the highest point of the ridgeline of a
roof, exceed 40 feet, measured from any point around the building.
(2)
In the R-1 and R-2 Districts, the minimum side yard setback shall
be 20 feet for one-story buildings up to 18 feet in height. The minimum
side yard setbacks for a second story, or any building component greater
than 18 feet in height, shall be increased by a combined five feet
across both side yards or at least 2.5 feet if an addition affects
one side yard.
(3)
Attached garages.
(a)
Attached garages facing and opening onto a public street shall
be prohibited in the R-1 and R-2 Residential Zone Districts with the
exception of corner lots. On corner lots, the primary front yard for
purposes of this section shall be that yard upon which the front door
faces; garages facing the secondary front yard shall be permitted.
[Amended 6-24-2019 by Ord. No. 23-2019]
(b)
Attached garages facing and/or opening onto a public street
shall be limited to 14 feet in width for single-family homes in the
R-3 and R-4 Districts.
(c)
Not more than three attached residential garage spaces shall
be permitted in the R-1 or R-2 Districts, and no more than two attached
garage spaces shall be permitted per lot in the R-3 and R-4 Districts.
(d)
Garages facing and opening onto a public street shall be set
back a minimum of an additional five feet from the front building
line for any garage greater than 12 feet in width, and a minimum of
three feet for any garage that is 12 feet in width or less, unless
an unenclosed front porch of at least five feet in depth is proposed
for the balance of the front facade.
(4)
Where more than one single- or two-family home is proposed, building
plans and elevations shall show a variation in design to be achieved
by types of roofs, heights of eaves and peaks, building materials,
and architectural treatment of the building facades.
F.
Optional R-4AH Overlay Zone for South Side Park Avenue from James
Park to Elm Street (Block 1402, Lots 1-8 and Block 1302, Lots 7-11).
[Added 9-14-2020 by Ord.
No. 26-2020]
(1)
Permitted uses: attached single-family homes, townhouses, two-family
homes, garden apartments, multiple-family dwellings, and patio homes.
(2)
Development standards:
(a)
Maximum units per structure: six.
(b)
Maximum height: 2.5 stories/38 feet.
(c)
Minimum lot width: 100 feet.
(d)
Minimum lot depth: 150 feet.
(e)
Minimum lot area: 15,000 square feet.
(f)
Maximum building coverage: 50%.
(g)
Maximum impervious coverage: 65%.
(h)
Maximum density: 14 units/acre.
(i)
Minimum setbacks: 30 feet rear yard; eight feet each side yard
for lots that meet the minimum required width, which may be reduced
by one foot for each five feet of lot width under the minimum required
but not resulting in less than a five-foot minimum side yard setback
on each side.
A.
Purpose. The purpose of this zone is to permit multifamily residential
use at appropriate densities in locations accessible to major roadways,
commercial services, and public facilities.
C.
Accessory uses.
(1)
Uses which are customarily incidental and accessory to the principal
use as permitted herein, including home occupations.
E.
Supplementary requirements.
(1)
Single- and two-family dwellings shall meet all area and bulk
controls set forth in the R-4 zone district in Schedule I[1] for single- and two-family dwellings, respectively.
[1]
Editor's Note: Schedule I is included at the end of this chapter.
(2)
Multifamily, attached single-family and patio houses shall meet
all area and bulk controls established in Schedule I[2] for such dwellings and the following additional requirements:
(d)
Storage areas: minimum of 1,000 cubic feet per dwelling unit,
exclusive of garages.
(e)
Minimum floor area.
[Amended 9-14-2020 by Ord. No. 26-2020]
|
Type of Unit
|
Minimum Floor Area
(square feet)
|
|---|---|
|
Studio/efficiency
|
500
|
|
1-bedroom
|
650
|
|
2-bedroom
|
800
|
|
3-bedroom
|
1,000
|
(f)
Minimum setbacks: No structure containing a dwelling unit shall
be located closer than 60 feet to any abutting public street or 40
feet from any private street or property line.
(g)
Minimum distance between buildings.
|
Location
|
Distance
|
Minimum
(feet)
|
|---|---|---|
|
End wall to end wall
|
1/2 height of highest wall
|
12
|
|
Any window wall to end wall
|
1 1/2 times height of highest wall
|
30
|
|
Window wall to window wall
|
3 times height of highest wall
|
75
|
(h)
Minimum common open space: 30%.
(i)
Other requirements:
[1]
No apartment shall be permitted in the basement
or cellar of multifamily structures.
[2]
A minimum four-foot building offset shall be provided
for each two attached single-family units and every 50 feet of multifamily
structures.
[3]
Accessory structures shall harmonize architecturally
with and be constructed of materials of like character to those used
in the principal structure.
[4]
Open space to be deeded to a condominium or homeowners'
association shall meet the requirements of N.J.S.A. 40:55D-43.
[2]
Editor's Note: Schedule I is included at the end of this chapter.
A.
Purposes. The purpose of this zone is to:
(1)
Encourage the continued use, maintenance and renovation of the
existing buildings and site improvements previously devoted to use
as Bayley Ellard High School.
[Amended 3-9-2009 by Ord. No. 6-2009]
(2)
In the alternative, provide an environmentally sensitive residential
development by preserving, to the maximum extent possible, the natural
features of the site.
(3)
Allow for greater flexibility and creativity in the design of
residential developments.
(4)
Provide for the preservation and maintenance of open land for
passive recreational use and for active public recreational use.
[Amended 12-12-2005 by Ord. No. 53-2005]
(5)
Maximize the preservation of historic resources.
[Added 12-12-2005 by Ord. No. 53-2005]
B.
C.
Accessory uses.
(1)
Uses which are customarily incidental and accessory to the principal
use as permitted herein, including home occupations.
E.
Supplementary requirements for high school. A Master Development
Plan shall be submitted to the Planning Board for an annual review
at the Board's third meeting of the year. The Master Development Plan
shall include the following:
(1)
Graphic and, where appropriate, text explanation of all existing
structures and facilities, including building and parking areas and
improved pedestrian and vehicular circulation areas of the high school.
(2)
All contemplated future construction on the property, as best
as can be determined.
(3)
Specific proposals to manage the internal circulation of pedestrian
and vehicular traffic within the site and parking adequacy and an
assessment of the impact on the surrounding area.
(4)
The status of any environmental issues affecting the high school
(e.g., preservation and management of critical areas).
F.
Supplementary requirements for cluster residential development.
[Amended 12-12-2005 by Ord. No. 53-2005]
(1)
Minimum tract size: 25 acres.
(2)
Open space requirement. The following open space requirement
shall apply to any proposed development for single-family detached
dwellings:
(a)
Amount. Except as provided for in § 195-32.2.F(5)(c) below, at least 50% of any residential development tract shall be set aside as permanently deed-restricted open space (as defined in § 195-5 of this chapter) for the benefit of the residents of the development and/or general public. The open space calculation shall not include any areas in individual residential lots and areas devoted to public streets or rights-of-way.
(b)
Location and suitability. The developer's open space proposal
shall be designed to preserve environmentally sensitive lands, scenic
features and existing outdoor recreational facilities and shall further
the purposes of this subsection. All open spaces shall be located
and sized in accordance with sound planning and design principles.
The Planning Board shall determine the suitability of the open space
proposal and in doing so shall consider, among other factors, the
relationship of the proposed open space to its surroundings both within
and outside of the proposed development.
(c)
The layout of the subdivision shall avoid and preserve historic
resources listed in the historic preservation element of the Master
Plan. The development shall incorporate creative development techniques
to conserve historic sites and resources. The visual pattern of the
historic resources on the property and on adjoining properties shall
be harmonized. New construction shall strengthen the historic design
features of the property by, for example, framing views, enclosing
open space or continuing design features or statements. Historic structures
and resources shall be maintained within the development and shall
be designed with adequate buffers and transition areas to preserve
the integrity of the historic structures.
(d)
Structures built in open space areas. Any structure(s) accessory
to conservation open space (e.g., paths) may be erected within the
dedicated open space. These accessory structures shall not exceed,
in the aggregate, 1% of the required open space area. A portion of
the open space may also be used for the construction of retention
or detention facilities. Easements shall be no larger than reasonably
necessary, and the Planning Board shall require reasonable assurances
and covenants that such facilities shall be maintained.
(e)
Access to open space. Open space intended for use by the public,
if any, shall be easily accessible to pedestrians.
(f)
Pedestrian walks. A portion of the open space may be used for
ways serving as pedestrian walks if such a use, in the opinion of
the Planning Board, enhances better site and community planning and
the general purpose of the RC Zone and if the Planning Board finds
that adequate assurances and covenants exist to ensure proper maintenance
of such walks.
(g)
Dedication of open space and historic resources. The developer
may dedicate any open space and historic resources as required by
this section to the Borough of Madison, and the Borough Council may
accept such a dedication in its discretion.
(h)
Restrictive covenant. The developer shall prepare a restrictive
covenant, which shall embody the open space and historic preservation
restrictions where such open space and historic resources are not
dedicated to the Borough of Madison. The restrictive covenant shall
be recorded simultaneously with the subdivision plat and shall be
referred to therein. The form and substance of the restrictive covenant
shall be appropriate to accomplish the purposes of this section and
shall be satisfactory to the Planning Board and Borough Attorney.
(i)
Homeowners' association. If the proposed open space and/or historic
resources are not dedicated to and accepted by the Borough, the developer
shall establish a homeowners' association for the purpose of owning
and maintaining the common open space and/or the historic resources
within the development for the benefit of its residents. Membership
in the homeowners' association shall be mandatory for the owners of
all lots within the development. The homeowners' association shall
not be dissolved and shall not dispose of any open space or historic
resources without first offering to dedicate such open space or historic
resources to the Borough. In the event that any homeowners' association
organized pursuant to this subsection fails to maintain its open space
or historic resources in reasonable order and condition, the Borough
shall have all rights and remedies provided by the Municipal Land
Use Law (N.J.S.A. 40:55D-43). The certification of incorporation or
other document creating the homeowners' association shall be prepared
by the developer and submitted to the Borough Attorney for review
and approval of form and substance.
(3)
Design standards.
(a)
Yards. Front and side yards may be staggered to provide a variety
in the size of such yards.
(b)
Common open space shall include irreplaceable natural features
located on the parcel, such as but not limited to stands of trees,
individual trees of significant size, steep slopes and wetlands.
(c)
Diversity and originality in lot layout and individual building
design shall be encouraged to achieve the best possible relationship
between development and the land.
(d)
The construction of all roadways, interior streets, sidewalks,
curbing, street trees, stormwater control and utilities shall be in
accordance with the standards specified in the subdivision regulations
of this chapter. The Planning Board shall consider allowing deviations
from those sections of the subdivision standards in the interest of
good design if it determines that adequate access will be provided
to all lots in the development by ways that will be safe and convenient
for travel. While each development proposal is unique, the Planning
Board shall consider allowing deviations from standards for cartway
width, curbing, right-of-way, cul-de-sac streets, street trees and
sidewalks and methods of stormwater removal, where the deviation significantly
minimizes or reduces land disturbance, tree removal, cut and/or filling
and impervious coverage or sensitive or scenic natural features of
the land, or otherwise furthers the purposes of this subsection and
is reasonable and consistent with the purposes of this subsection
without resulting in a detriment to the public good and surrounding
neighborhood.
(4)
Findings. The Planning Board shall not approve any residential
cluster development in the RC Zone unless the proposal meets all applicable
requirements for preliminary major subdivision approval and the Planning
Board makes all applicable findings and conclusions as set forth in
N.J.S.A. 40:55D-45.
(5)
Development standards for residential clustering.
(a)
The maximum number of residential lots in a cluster development
shall be determined by Planning Board approval of a conceptual subdivision
plan for conventional development of the tract under the standards
applicable to the R-1 Zone.
(b)
Residential lots produced by clustering shall comply with the
standards of the R-2 Zone, except that a minimum lot size of 12,700
square feet shall be required.
(c)
Where open space suitable for active recreation at the discretion
of the Planning Board and amounting to at least 40% of the tract area
is dedicated to the Borough of Madison, the Planning Board may permit
the maximum number of clustered residential lots determined by way
of a conceptual R-1 conventional development to be increased by 15%,
the required amount of open space shall be minimum of 40%, including
dedications to the Borough of Madison, and the dimensional standards
of the R-2 Zone shall apply, except that the minimum lot area shall
be 12,000 square feet and the minimum lot width for interior lots
shall be 80 feet.
(6)
Supplemental development standards for conditional uses. Continuing
care retirement communities shall be subject to a maximum impervious
coverage limit of 15% with the following exceptions:
(a)
Where at least 50% of the tract is reserved as open space, an
impervious coverage for the remainder of the tract of up to 30% shall
be permitted.
(b)
Where at least 40% of the tract which is suitable for active
recreation is dedicated to the Borough of Madison, an impervious coverage
for the remainder of the tract of up to 40% shall be permitted.
A.
Purpose. The purpose of the CBD-1 Zone is to promote a vital, mixed-use,
walkable downtown core designed to encourage street-level pedestrian
activity through ground-level locally oriented retail uses and upper-floor
offices and residential uses. The purpose of the CBD-2 Zone is to
similarly promote a walkable and inviting streetscape with both mixed-use
development and multifamily inclusionary development proximate to
Main Street and transit service, supporting and complementing the
retail and service core. Preserving and maintaining a streetscape
consistent with downtown design principles, encouraging the reuse
and rehabilitation of historic structures, maintaining the character
and scale of buildings, sites, and uses to promote pedestrian accessibility
and safety, and encouraging locally oriented retail businesses and
services are central to the identity, health and vitality of the CBD
Zones.
[Amended 11-9-2009 by Ord. No. 54-2009; 9-14-2020 by Ord. No. 26-2020]
B.
Principal permitted uses.
(1)
Apartments over stores or offices.
(2)
Business, medical, professional, executive or administrative
offices.
(3)
Theaters.
(4)
Institutional uses.
(6)
Recreation facilities, commercial or private.
(7)
Restaurants, non-drive through.
(8)
Retail sales and service.
(9)
Financial institutions, non-drive-up window.
(10)
Two-family dwellings (only in CBD-2 Zone).
(11)
Single-family detached dwellings (only in CBD-2 Zone).
E.
Prohibited uses. Drive-through windows associated with any use, including,
but not limited to, retail sales and services, business services,
restaurants, and financial institutions.
[Added 9-22-2008 by Ord. No. 59-2008]
F.
Off-street
parking.
[Added 11-9-2009 by Ord. No. 54-2009]
(1)
Off-street parking requirements in the CBD-1 and CBD-2 Zones shall meet the nonresidential parking requirements set forth in the tables provided in Parking Schedule I in § 195-35, reduced by 20%, as well as the parking requirements for residential use as per the NJRSIS, except that on-street parking shall not be counted towards the parking requirement. In evaluation of parking requirements, the reviewing board may consider demand management approaches, such as provision of carsharing, ridesharing and shuttles, and may further reduce the required parking by up to 10% based on documentation provided by an applicant outlining proposed demand management techniques.
(2)
If there is a change in building occupancy (tenancy), but not use [as defined by § 195-20B(2)], and no physical expansion is proposed, additional parking above what is already provided (on site, off site, or through a shared parking agreement) is not required and no parking variance is necessary.
(3)
If there is a change in building occupancy and use (but not physical
expansion), then the parking requirements are computed based on the
difference between the parking required for the legally existing (prior)
use versus the parking required for the new (proposed) use, provided
there shall be no reduction in the amount of any existing on-site
or designated off-site parking; however, further provided that retail
uses with incidental accessory sales of food or beverage items (comprising
less than 5% of total establishment revenue or less than 15% of establishment
floor area), as well as specialty food establishments of less than
1,500 square feet that do not provide full meals for on-site or off-site
consumption, may include up to eight seats for on-site consumption
of such items without generating any additional off-street parking
requirements in the CBD Zones.
[Amended 6-13-2016 by Ord. No. 45-2016]
(4)
Parking requirements may be addressed in the CBD Zones through a
shared parking approach between compatible uses either on or off tract.
The off-tract parking shall be located within five blocks or 1,000
feet of the subject property. Documentation shall be provided to support
the feasibility of shared parking, including an analysis of the uses
sharing the parking and the peak usage periods for each, hours of
operation of uses sharing the parking, and lot capacity (number of
spaces) based on existing and proposed usage of the lot. A written
contractual arrangement should be secured for a minimum two-year period,
with a renewable option between parties.
(5)
There shall be no minimum required off-street parking in the
CBD-1 Zone for permitted ground-floor nonresidential uses with public
street frontage or frontage on a municipal alley or municipal parking
lot.
[Added 9-11-2017 by Ord.
No. 35-2017]
G.
Supplemental
requirements.
[Added 11-9-2009 by Ord. No. 54-2009]
(1)
Landscaped buffers.
(a)
Where a nonresidential or mixed-use development is contiguous to
a residential use or zone, there shall be a landscaped buffer strip
along the perimeter of the property where it is contiguous to such
residential property or zone. Such buffer strip shall be at least
10 feet in depth measured from the residential property line and shall
be used as a planting strip or developed as a planted berm, with plant
material (trees, shrubs, and plants, including a combination of coniferous
and deciduous varieties) a minimum of six feet in height at time of
planting. In addition, the reviewing body may also require a solid,
board-on-board fence in conjunction with the plantings of at least
five feet in height.
(2)
Residential units permitted over first floor commercial space, with
the exception of units owned and/or operated by the Madison Housing
Authority, shall conform with the following minimum floor area requirements:
[Added 5-10-2010 by Ord. No. 17-2010; amended 9-14-2020 by Ord. No. 26-2020]
H.
Inclusionary overlay zones shall provide for residential development
under CBD-2 standards as follows:
[Added 9-14-2020 by Ord.
No. 26-2020]
(1)
Block 1501, Lot 1: This lot shall have an overlay option for
inclusionary multifamily development under the CBD-2 standards for
inclusionary multifamily development, except that the maximum permitted
impervious coverage and maximum permitted height may be increased
by 10% and five feet, respectively, to allow for preservation of the
existing barn/barns at the corner of Ridgedale and Cook Avenues.
(2)
Block 2001, Lots 14 and 15: These lots shall have an overlay
option for multifamily development under the CBD-2 standards.
A.
Purpose. The purpose of this zone is to provide community commercial
uses which will primarily serve the residents of the Borough. This
zone is not intended for the development of large, regional retail
uses. The development of small-scale office buildings and multifamily
housing are permitted uses which complement the community retail uses.
The standards of this zone are intended to create a visually pleasing
streetscape which establishes a positive aesthetic relationship between
the public spaces (e.g., roads and sidewalks) and the building facades
and layout of the sites.
B.
Principal permitted uses.
(1)
Retail sales and service.
(2)
Business, medical, professional, executive or administrative
offices.
(3)
Restaurants, non-drive-through.
(4)
Institutional uses.
(5)
Theaters.
(6)
Apartments over retail and/or office uses. (Subject to § 195-32.5F.)
[Amended 6-13-2005 by Ord. No. 18-2005]
(7)
Financial institutions, non-drive-up window.
(9)
Recreational facilities, commercial or private.
D.
Conditional uses.
(1)
Assisted-living residences.
(2)
Long-term care facilities.
(3)
Restaurants, drive-through.
(4)
[2] Financial institutions, with drive-up window.
[2]
Editor's Note: Former Subsection D(4) and (6), regarding gasoline
service stations and public garages, respectively, were repealed 2-22-2021 by Ord. No. 10-2021. This ordinance also renumbered former Subsection D(5)
and (7) as Subsection D(4) and (5), respectively.
(5)
Outdoor dining.
[Added 7-12-2010 by Ord. No. 20-2010]
E.
Supplemental requirements; design standards. All uses in the CC Zone shall meet the following design standards and those applicable provisions of Article IV.
[Amended 5-10-2010 by Ord. No. 17-2010; 9-14-2020 by Ord. No. 26-2020]
(1)
Residential conversions. The conversion of an existing residential
structure to any nonresidential use shall maintain the character of
the existing structure and meet all off-street parking and other requirements
contained in this chapter. Any conversion of an existing residential
building shall be consistent with the existing architecture.
(2)
Access driveways for retail uses are permitted only from Main
Street unless there is no Main Street frontage or unless the Planning
Board determines that access from a local or collector road is safer
or results in a better circulation pattern.
(3)
Parking.
(a)
No parking shall be permitted in the required front yard nor
between any part of the front building facade and the street right-of-way
line.
(b)
In appropriate cases, access driveways shall be encouraged to
be located so as to allow for a future common drive with the adjacent
parcel at one side yard line. Cross easements to permit shared parking
areas in the CC Zone shall be encouraged in appropriate cases.
(c)
Parking areas shall be screened from view of adjacent residential
zones, existing residential uses and public roads by landscaping,
fencing or a combination of these to create a buffer at least four
feet in height. Landscaping shall contain a mix of deciduous and evergreen
plantings sufficient to screen the view of vehicles in all seasons.
(d)
Parking areas located beneath a building shall be fully screened
by a mix of deciduous and evergreen plantings and be physically enclosed
from view by extension of the front facade of the building to shield
all such parking.
(4)
Landscaping.
(a)
An eight-foot landscaped buffer shall be required along each
side yard, and a fifteen-foot landscaped buffer shall be required
along the rear property line. The pervious areas in the required front
yard and/or between the front building facade and the street right-of-way
shall be fully planted and maintained in lawn area or ground cover
or landscaped with a mix of deciduous and evergreen shrubbery and
trees. The landscape plan shall be prepared by a licensed landscape
architect.
(b)
Compliance with other regulations, specifically those for street
trees, shall be required.
(5)
Building design and requirements.
(a)
Large, horizontal buildings of limited height shall be broken
down into segments having vertical orientation, both architecturally
and structurally. One-story buildings are discouraged.
(b)
Roof forms such as gable, mansard and similar pitched roof lines
are required. Flat roofs are prohibited.
(c)
Rooftop mechanical equipment shall be screened from public view
by architecturally compatible materials. Ground-level mechanical equipment,
such as air conditioning equipment, utility boxes and meters, shall
be screened from public view by landscaping, walls or fencing.
(d)
A minimum of one building entrance shall face the arterial road
where there is frontage on an arterial. Sidewalks along an arterial
road shall be provided within the front yard area for access from
the existing sidewalk system along the arterial road and the entrance
facing the arterial road.
(e)
The visual character of buildings along street frontages and
entryways shall be "pedestrian friendly." Particular consideration
shall be given to shop fronts, including windows and doors.
(f)
Fire escapes are prohibited on the principal facade of a building.
(7)
Trash disposal.
(a)
An area for trash disposal and recycling shall be provided.
This area shall be screened from the parking areas and adjacent properties
with fencing and/or landscaping.
(b)
Trash disposal areas shall be located as far from residential
zone boundaries as possible, but in no case shall they be located
within seven feet of any residential zone or use.
(c)
Trash disposal areas are prohibited anywhere in the required
front yard and/or between the front facade and the street right-of-way.
F.
Supplemental dimensional requirements for apartments over retail
and/or offices uses. The floor areas of apartments above the first
floor of buildings in the CC Zone which satisfy the following dimensional
requirements shall be exempt from the calculation of the maximum permitted
floor area ratio and shall be subject to all of the following supplemental
dimensional provisions:
[Added 6-13-2005 by Ord. No. 18-2005]
(1)
Lot frontage shall be on Main Street and be at least 125 feet.
(2)
The lot size shall be at least two times the minimum required
lot size.
(3)
No more than 12 dwelling units shall be on any property/parcel
outside of the CC Inclusionary Overlay Zone.
[Amended 9-14-2020 by Ord. No. 26-2020]
(4)
Residential floors above the first floor shall be designed as
an extension of the front facade and in no case shall the residential
space extend beyond the limits of the first floor building footprint.
G.
CC Inclusionary Overlay Zone regulations.
[Added 9-14-2020 by Ord.
No. 26-2020]
(1)
Purpose: to allow well-designed inclusionary multifamily residential
development in key nodes along the Main Street corridor east of downtown.
(3)
Bulk regulations.
(a)
Height: three stories/38 feet.
(b)
Minimum front yard: minimum, 20 feet; maximum, 40 feet.
(c)
Minimum side yard: 15 feet.
(d)
Minimum rear yard: 25 feet.
(e)
Minimum lot area: 10,000 square feet.
(f)
Maximum distance from ROW for minimum lot area to be calculated:
150 feet.
(g)
Minimum lot depth: 100 feet.
(h)
Minimum lot width: 125 feet.
(i)
Maximum impervious coverage: 70%.
(k)
Maximum inclusionary multifamily density: 18 units per acre
for all lots under 100,000 square feet; 20 units per acre for lots
over 100,000 square feet.
(4)
The standards in §§ 195-32.5E and 195-32.13H shall apply.
(5)
Block and lots included in CC Overlay Zone:
|
BLOCK
|
LOT
|
|---|---|
|
1203
|
13
|
|
1105
|
28
|
|
1105
|
29.01
|
|
1106
|
1, 2
|
|
2001
|
17, 18, 19, 20 23, 24, 25
|
|
2502
|
1 to 6; 8 to 13
|
|
2402
|
1 to 4; 22, 20
|
|
2208
|
27
|
A.
Purpose. To acknowledge and permit the continued use of lands within
the Borough of Drew University and Fairleigh Dickinson University.
C.
Accessory uses.
(1)
Uses which are customarily incidental and accessory to the principal
use as permitted herein.
D.
Conditional uses.
(1)
Existing housing for faculty and employees of Drew University
and their families.
E.
Supplementary requirements.
(1)
Such uses shall provide housing and dining facilities for not
less than 200 students on a permanent basis throughout the school
year.
(2)
Such uses shall include the erection, construction, alteration
and maintenance of buildings containing classrooms, auditoriums, libraries,
laboratories, workshops for teaching arts and crafts, theaters (other
than as commercial ventures solely for profit), lecture rooms, museums,
art and civic centers, dormitories, residence halls, refectories,
infirmaries or buildings for housing and medical treatment of students,
faculty members and other college or university personnel who are
ill or injured, gymnasiums, swimming pools, athletic fields, tennis
courts, grandstands, stands and noncommercial parking areas for the
use of persons attending, visiting or connected with the college or
university where such are located; roads and drives, buildings and
structures for the housing of heat, power and refrigeration facilities
and equipment for the protection of life and property; noncommercial
laundries for the use of persons residents within said U Zone; and
a bookstore primarily for university use.
(3)
A minimum setback of 50 feet shall be maintained from any exterior
property line. Said 50 feet shall serve as a buffer between the resident
college and university and surrounding residences.
F.
Master development plan. A Master Development Plan shall be submitted
to the Planning Board for an annual review at the Board's third meeting
of the year. The Master Development Plan shall include the following:
(1)
Graphic and, where appropriate, text explanation of all existing
structures and facilities, including building and parking areas and
improved pedestrian and vehicular circulation areas of the University.
(2)
All contemplated future construction on the property, as best
as can be determined.
(3)
Specific proposals for the internal circulation of pedestrian
and vehicular traffic within the campus, and parking adequacy and
assessments of the impact on the surrounding area.
(4)
All existing and proposed off-campus University facilities (e.g.,
housing, offices, classrooms).
(5)
The status of any environmental issues affecting the University
(e.g., preservation and management of critical areas).
[Amended 7-12-2010 by Ord. No. 35-2010]
A.
Purpose. The purpose of this zone is to permit a wide range of office
and research and development uses in accordance with current best
practices of green building and sustainable site design to minimize
impacts on adjacent residential areas to the maximum extent possible.
This purpose encompasses the rehabilitation and reuse of existing
site improvements and infrastructure, as well as any future new construction
within the zone.
C.
Accessory uses.
(1)
Uses which are customarily incidental and accessory to the principal
uses as permitted herein.
E.
Supplemental
requirements.
(1)
All pervious areas in the required front yard and/or between
the front building facade and the street right-of-way shall be fully
planted and maintained in a combination of lawn area or ground cover
with a mix of native deciduous and evergreen shrubbery and trees.
Landscaping around any parking areas shall contain a mix of deciduous
and evergreen plantings sufficient to screen the view of vehicles
in all seasons from adjacent residential uses. The landscape plan
shall be prepared by a licensed landscape architect and reviewed by
the Madison Shade Tree Management Board.
(2)
No chain-link or vinyl fencing shall be permitted along any
public street frontage nor adjacent to any residential use.
(3)
The selection of building design elements, such as materials,
fenestration, color and texture, should balance the needs of the proposed
uses of the site with elements to achieve harmony with the neighborhood
and Borough.
(4)
Site lighting should be harmonious with the building style and design and shall use only downward-facing fixtures to minimize spillage and glare. Lighting intensities shall be the minimum required to adequately light the site and shall consider the proximity and nature of adjoining uses. See also § 195-25.6 for additional standards.
(5)
All building facades shall be treated as front facades in terms
of architectural detailing and treatments.
(6)
Buildings are required to incorporate vertical and horizontal
articulation through variations in build-to lines, incorporation of
entry treatments and pergolas, careful selection of materials, the
use of projections and fenestration, and/or similar architectural
treatments to improve the visual appearance of the buildings.
(7)
Applicants for development in the OR Zone shall submit photo
simulations showing the massing, scale, materials and finishes proposed
for the project from various viewpoints in context with surrounding
properties. These simulations shall be submitted at the time of the
initial application for site plan approval.
(8)
All proposals for development in this zone shall be required to prepare a traffic impact statement in accordance with § 195-20G that shall consider increases in cut-through traffic through neighboring local streets.
(9)
For the purpose of calculating impervious coverage and to encourage
the use of sustainable site design components that increase groundwater
recharge, all pervious pavement and engineered green roof systems
shall receive a credit towards the calculation of impervious coverage.
These areas, provided they are designed and maintained in accordance
with best engineering practices, shall receive deductions for purposes
of calculating impervious coverage in the OR Zone, as follows:
(a)
Green roof. Engineered green roofs may be considered for a reduction
in impervious coverage, provided they cover a minimum of 500 square
feet of contiguous roof area. Deductions shall be as follows:
[1]
A reduction of 20% in impervious coverage for systems
with unit weights of 10 to 25 pounds/square foot saturated and vegetated;
[2]
A reduction of 35% in impervious coverage for systems
with unit weights of 25 to 40 pounds/square foot saturated and vegetated;
[3]
A reduction of 50% in impervious coverage for systems
with unit weights of 40+ pounds/square foot saturated and vegetated;
[4]
Additional coverage reduction for system designed
to retain entire one-hundred-year design storm may be granted based
on review and determination by the Board Engineer.
(b)
Pervious paving systems. Pervious paving systems may be considered
for a reduction in impervious coverage, provided they cover a minimum
of 5% of all parking stalls or 2.5% of total paved area of the site
and provided they demonstrate compliance with design criteria of Chapter
9.7 of the New Jersey Department of Environmental Protection Best
Management Practices Manual, latest version, in order to qualify for
coverage credits. Deductions shall be as follows:
[1]
Twenty percent reduction in impervious coverage
for impervious concrete pavers without storage bed;
[2]
Forty percent reduction in impervious coverage
for impervious concrete pavers with stone storage bed;
[3]
Fifty percent reduction in impervious coverage
for porous paving systems;
[4]
Additional coverage reduction may be granted for
storage bed designed to retain the entire one-hundred-year design
storm based on review and determination by the Board Engineer.
(10)
Standards related to site design and layout, including, but not limited to, landscaping, stormwater management, lighting, parking, etc., outlined in other sections of Chapter 195, Land Development, shall apply. In the event of inconsistencies between standards elsewhere in Chapter 195 and in this section, the more restrictive standard shall apply.
(11)
Accessory uses, including shared conference rooms for use by
multiple tenants, cafeterias, fitness facilities, and similar amenities
designed for the sole use of building occupants shall not exceed 15%
of a building's gross floor area.
(12)
Laboratory floor area shall not exceed 25% of a building's gross
floor area.
[Amended 6-27-2016 by Ord. No. 49-2016]
A.
Purpose. The purpose of this zone is to:
(1)
Preserve existing natural resources and give proper consideration
to the physical constraints of the land.
(2)
Provide for safe and efficient vehicular and pedestrian circulation.
(3)
Provide for screening, landscaping, signing and lighting.
(4)
To continue to maximize the economic benefits of Giralda Farms
to the community and region by retaining and attracting high quality
jobs and innovative businesses that value the unique setting and environmental
character of the campus.
(5)
Provide for compliance with appropriate design standards to
ensure adequate light and air, proper building arrangements and minimum
adverse effects on surrounding property.
(6)
Develop proper safeguards to minimize the impact on the environment,
including, but not limited to, minimizing soil erosion and sedimentation,
air and water pollution and noise levels.
(7)
Ensure the provision of adequate water supply, drainage and
stormwater management, sanitary facilities and other utilities and
services.
(8)
Retain as much of the natural vegetative cover, particularly
in critical environmental areas, where it serves important functional
as well as aesthetic purposes.
(9)
Implement the adopted policies of the Borough of Madison Comprehensive
Master Plan, as amended, dealing with proper land development, site
design and conservation.
(10)
To recognize the unique environmental setting and design of
Giralda Farms and to continue to mitigate and balance the environmental
impacts of development with development opportunities through incorporation
of innovative, sustainable design and low impact development techniques
(11)
Advance and promote sound growth and the general welfare.
C.
Conditional
uses.
[Added 11-22-2021 by Ord.
No. 45-2021[1]]
(1)
Assisted-living residences, subject to the following conditions:
(a)
At least 10% of units shall be deed restricted under State Medicaid
requirements per the definition of "Medicaid waiver."
(b)
All assisted-living residences shall be licensed by the State
of New Jersey.
(c)
The maximum number of assisted-living units in an assisted-living
residence shall not exceed 150 units.
(d)
Assisted-living residences shall be located in existing structures.
(3)
Short-term, acute physical rehabilitation centers shall be permitted,
subject to the following conditions:
(4)
Continuing care retirement communities (CCRC), subject to the
following conditions:
(a)
At least 20% of the independent living units shall be affordable
to low- and moderate-income households and deed restricted for at
least 30 years.
(b)
The maximum number of independent living units in a continuing
care retirement community shall not exceed 150 units.
(c)
A minimum of 10% of all assisted and nursing care units or beds
shall be deed restricted as Medicaid units.
(d)
There shall be a maximum of one CCRC within the PCD-O District.
(e)
CCRCs shall be located in existing structures.
(5)
Culinary destination center:
(a)
Includes a restaurant with outdoor dining and two or more of
the following additional uses:
[1]
Cafe/bakery.
[3]
Licensed brewery, cidery, meadery, winery, or distillery,
subject to the following requirements:
[a]
Craft breweries, cideries, and meaderies shall
be limited in production to no more than 100,000 barrels of 31 fluid
gallons of capacity per year.
[b]
Wineries shall be limited in production to no more
than 100,000 gallons of distilled alcoholic beverages per year.
[c]
Distilleries shall be limited in production to
no more than 20,000 gallons of distilled alcoholic beverages per year.
[d]
Storage of production waste and solid waste shall
be in enclosed containers and stored inside or in a separately enclosed
structure that confines odors, and obstructs views.
[e]
A system to vent brewing or distilling and other
exhausts and odors shall be provided.
[f]
At least 90% of floor area dedicated to these uses
shall be within existing structures and buildings.
[4]
Farm, vineyard, garden, or apiary for the purposes
of supplying the restaurant and/or brewery, cidery, winery or distillery
with ingredients with total maximum acreage in production not to exceed
4.5 acres within the PCD-O District.
[5]
Private club with dining, fitness and other ancillary
uses.
(b)
Cooking, baking, brewing and winemaking classes may be offered.
(c)
Shall occupy no more than 50 acres within the PCD-O District
and 90% of floor area shall be located within existing structures
and buildings.
D.
Accessory uses.
(1)
Uses which are customarily incidental and accessory to the principal
uses, as permitted herein.
(2)
One residential conference center within a single PCD-O complex.
(3)
Indoor and outdoor recreational facilities for use by PCD-O
tenants, owners and their guests.
(4)
One hotel within the overall PCD-O Zoning District, in accordance with the standards in § 195-32.8E(5).
(5)
A full service, non-drive-through restaurant or private eating
club is permitted in existing (as of the date of adoption of this
amendment) accessory structures only.
E.
Supplementary requirements.
(1)
Size. No tract, parcel or lot to be used for a planned commercial
development-office shall contain less than 175 acres. Public or private
streets, roads or rights-of-way shall not be deemed to divide acreage
of a planned commercial development-office.
(2)
Boundary line setback and perimeter buffer zone.
(a)
Boundary line setback requirements. No building or structure
in a planned commercial development-office shall be erected within
200 feet of the right-of-way of Woodland Avenue, Madison Avenue or
Treadwell Avenue, and no building or structure in the PCD-O shall
be erected within 250 feet of the right-of-way of Loantaka Way.
(b)
Buffer zone requirements. The applicant shall be required to
maintain a buffer zone area of at least 200 feet along the perimeter
of any PCD-O, except that no buffer area shall be required along the
interior periphery of any PCD-O site to the extent that said boundary
line also adjoins the Borough of Madison and Township of Chatham municipal
boundary line. Said buffer zone shall be kept in its natural state
where wooded, and, when natural vegetation is sparse or nonexistent,
the Planning Board may require the applicant to supplement the existing
vegetation. Within said buffer zone, no structure or off-street parking
or loading areas shall be permitted, except utility easements, gatehouses,
fences and signs. Roads other than circumference roads may be permitted
to cross through the buffer area. Said buffer zone may be included
for the purpose of computing the planned commercial development-office
density requirements.
(c)
Reduction in buffer zone requirements. The buffer zone requirements
may be reduced by the Planning Board where existing or proposed vegetation
and topographic features accomplish the primary objective of preserving
the vista from adjoining and boundary streets.
(3)
Utilities. All PCD-O developments shall be served by public
water and public sewers. All utility wiring shall be underground.
(4)
Development standards.
[Amended 11-22-2021 by Ord. No. 45-2021]
(a)
Floor area ratio. The maximum floor area ratio shall be 0.30
to the tract, but in no event shall the gross floor area within any
PCD-O complex exceed 2,250,000 square feet.
(b)
Minimum lot size. There shall be a minimum lot size of 20 acres
for each office building operation.
(c)
Height. No building height or any part thereof or appurtenances
thereto shall exceed the lesser of 60 feet above ground level or 50
feet above the center line of the nearest point of Loantaka Way or
Madison Avenue.
(d)
Off-street parking. Every building shall be provided with off-street
parking at a maximum ratio of 30 parking spaces for each acre of PCD-O
area. Not more than 15% of all parking shall be surface, at-grade,
uncovered parking. Off-street parking shall be screened and integrated
with natural grade and environmental characteristics. Smaller footprint
parking structures that are not entirely subsurface are permitted
in accordance with the following design standards:
[1]
The siting of such structures should take advantage
of natural grades to minimize soil disturbance and visual impacts.
[2]
The height of such structures should not exceed
a maximum of 20 feet above pre-development grade to the highest point
of the roof or parapet of the parking structure.
[3]
Any above grade part of a parking structure visible
from a public right-of-way should be effectively screened with dense
plantings, berms, and other landscape elements.
[4]
Architectural elements should be incorporated to
ensure structure design compatibility with principal structures.
[5]
Such structures should not intrude into any required
setbacks, with the exception of interior yards that do not abut any
public right-of-way.
[6]
In cases where structures meet these standards,
the reviewing Board may exempt the parking provided in this manner
from the district's surface parking cap and overall parking cap.
(e)
Maximum impervious surface.
[1]
Not more than 17.5% of the tract shall be developed
with buildings, parking areas, walks, roads or other materials, including
detention/retention basins less porous than presently existing.
[2]
For purposes of calculating impervious coverage
only, subsurface garages with a minimum average soil depth of at least
1.5 feet shall not count toward the calculation of impervious coverage;
however, it should be noted that they may be considered impervious
for purposes of stormwater management.
[3]
The Planning Board may consider an increase in
the maximum impervious coverage, from 17.5 to 20%, provided that there
is no net increase in runoff volume and that low-impact development
techniques are incorporated to provide enhanced water quality and
groundwater recharge.
(f)
Open space organization. Open space shall be deeded to a corporation,
association or other legal entity consisting of one or more of the
property owners within the PCD-O for their use, control, management
and maintenance. Any agreement providing for such ownership shall
be reviewed and approved by the Borough Attorney to ensure that adequate
safeguards are included guaranteeing the continuance of the agreement
in perpetuity and protecting the Borough from harm. In any event,
the agreement shall give the Borough the right to perform maintenance
and assess the cost to the property owners in the event that the property
owners fail to maintain the property in accordance with the agreement.
All provisions of N.J.S.A. 40:55D-43 of the Municipal Land Use Law
shall govern the establishment of the open space organization.
(5)
Additional standards for a hotel:
(a)
A hotel in the PCD-O provides transient lodging accommodations
to the general public and contains at least 100 rooms and no more
than 200 rooms/suites, and may include additional facilities and services,
such as a full-service restaurant, meeting space/function areas, and
a fitness center/private club for use by hotel guests and the general
public on a membership basis.
[Amended 11-22-2021 by Ord. No. 45-2021]
(b)
One hotel may be permitted within the PCD-O District.
(c)
At least one access driveway shall be provided directly from
a public right-of-way, if approved by all governmental authorities
with permitting authority.
(d)
No more than one freestanding sign may be permitted for each
public street frontage abutting a hotel with a maximum of two such
signs in total. Each sign shall contain no more than 30 square feet
and be no more than five feet in height. Such signs shall be externally
illuminated and attractively landscaped along their base.
(e)
All building signs for any hotel shall be limited to no more
than a total of 45 square feet, and shall be externally illuminated.
F.
Findings for PCD-O. Prior to the preliminary approval of a PCD-O,
the Planning Board should find the following facts and conclusions:
(1)
That departures by the proposed development from zoning regulations
otherwise applicable to the subject property conform to the zoning
article standards and objectives pursuant to this section.
(2)
That the proposals for maintenance and conservation of open
space and buffers are reliable, and the amount, location and purpose
of the open space is adequate for the objectives set forth in this
article.
(3)
That provision 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.
(4)
That the proposed planned commercial development-office will
not have an unreasonably adverse impact upon the area in which it
is proposed to be established.
(5)
In the case of a proposed development which contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and of the occupants and owners
of the proposed development in the total completion of the development
are adequate.
(6)
That the proposed development will promote the PCD-O objectives.
G.
Infrastructure.
(1)
The Planning Board should not grant site plan approval and/or
should condition such approval upon finding that:
(a)
The proposed stormwater management system is adequate to meet
the expected stormwater flows.
(b)
The proposed sanitary sewage collection and treatment system
is adequate to meet the expected sanitary sewage demand.
(c)
The proposed potable water system is adequate to meet expected
water demands.
(d)
The proposed solid waste management plan can adequately handle
the proposed solid waste to be generated by the project.
(e)
The roadways and intersections surrounding the zone and leading
to and from the tract are capable of handling the expected traffic
demands generated by the proposed development. In determining the
capability of such roadways and intersections to handle the expected
traffic demands to be generated by the proposed development, the Planning
Board should endeavor to apply, whenever feasible and appropriate,
"Level of Service C," as defined in ASHTO.
(f)
The electric supply system is capable of handling the demand
required by the proposed development.
(g)
The proposed landscape management plan shall limit the use of
pesticides and chemical fertilizers by following the principles and
practices of integrated pest management.
(2)
In determining whether the systems are adequate, the Planning
Board should determine that the existing system and all proposed improvements
needed and necessary to accommodate the proposed development are either
in existence, being constructed, bonded or included under any developer's
agreement between the developer and municipality or other agency responsible
for the system.
(3)
Where appropriate, the Planning Board should make submission
of a developer's agreement to be approved by the Borough Council,
posting of bonds or actual installation of improvements to ensure
the adequacy of the systems a requirement for final approval.
(4)
As part of the application for site plan approval, Planning
Board may impose such reasonable and appropriate traffic controls
and/or monitoring of traffic conditions, including staggering of work
hours, staggering of ingress and egress or some use of mass transport
or van pooling, to the extent and for such reasonable time periods
as such controls may be required by the anticipated traffic to be
generated by the proposed development during peak hours. However,
where it appears that such controls or agreement involves a capital
contribution of public funds for any road, intersection or other off-site
improvements, then, to the extent of such expenditure or public funds,
the approval of the Borough Council shall also be obtained.
(5)
All developer's agreements required under this section shall
be in recordable form.
H.
Overlay
Zone for Block 3202, Lot 1.
[Added 11-22-2021 by Ord.
No. 45-2021]
(1)
Additional permitted uses for Block 3202, Lot 1.
(a)
In addition to the PCD-O permitted uses, the following uses may be permitted in new buildings in accordance with PCD-O bulk, dimensional and other applicable standards in § 195-28:
[1]
Licensed supportive housing not to exceed 100 beds.
[2]
Licensed assisted living not to exceed 100 units
with at least 10% of units deed restricted under state Medicaid requirements
per the definition of "Medicaid waiver."
[3]
Licensed continuing care retirement community with a maximum of 100
independent units and at least 20% of the independent living units
deed restricted as affordable to low- and moderate-income households
for at least 30 years and a minimum of 10% of all assisted-living
units deed restricted under state Medicaid requirements per the definition
of "Medicaid waiver."
B.
Principal permitted uses.
(1)
One-hundred-percent-affordable senior citizen housing.
[Amended 9-14-2020 by Ord. No. 26-2020]
C.
Accessory uses.
(1)
Uses which are customarily incidental and accessory to the principal
use as permitted herein.
C.
Supplementary requirements.
(1)
The maximum number of housing units permitted shall be 12 units.
(2)
The minimum parking requirements are two per unit.
(3)
The maximum height shall be two and one-half stories in 35 feet.
(4)
Setback: 50 feet from tract boundary.
(5)
Minimum common open space: 30%.
(6)
Maximum impervious ground coverage: 50%.
(7)
Concrete patios and privacy fences in side and rear yards are
permitted.
(8)
Window wall to window wall distance of 25 feet.
[Added 4-28-2008 by Ord. No. 20-2008]
A.
Purpose. The purpose of this zone is to provide reasonable opportunities
for inclusionary multifamily housing and commercial uses, through
development standards for properties strategically located at the
eastern gateway entrance to the Borough of Madison. The uses permitted
are those that complement and are supportive of existing commercial
uses in the remaining CC Community Commercial Zone and are compatible
with abutting residential uses. The standards of this zone are intended
to encourage superior building aesthetics and streetscape enhancement
at a scale appropriate to this unique area and the Borough.
[Amended 9-14-2020 by Ord. No. 26-2020]
B.
Principal permitted uses:
[Amended 9-14-2020 by Ord. No. 26-2020]
D.
Gateway I area, height and bulk requirements.
(1)
Area minimum: 50,000 square feet.
(6)
Maximum impervious cover for multifamily dwellings: 65%.
[Amended 9-14-2020 by Ord. No. 26-2020]
(7)
Maximum dwelling units per acre for age-restricted and senior
multifamily dwellings: 20 units per acre.
[Amended 9-14-2020 by Ord. No. 26-2020]
(8)
Facade length-to-frontage ratio: the aggregate length of all
building facades fronting a street shall not exceed 0.55 of the frontage
width at the street right-of-way.[3]
[3]
Editor's Note: Former Subsection D(8), regarding age-restricted
and senior citizen multifamily off-street parking, was repealed 9-14-2020
by Ord. No. 26-2020. This ordinance also renumbered former Subsection
D(9) as Subsection D(8).
E.
Gateway II area, height and bulk requirements.
(1)
Area minimum: 120,000 square feet.
(4)
Maximum impervious coverage for multifamily dwellings: 65%.
[Amended 9-14-2020 by Ord. No. 26-2020]
(6)
Maximum impervious cover for multifamily dwellings: 65%.
[Amended 9-14-2020 by Ord. No. 26-2020]
(7)
Maximum dwelling units per acre for age-restricted and senior
citizen multifamily dwellings: 20 units per acre.
[Amended 9-14-2020 by Ord. No. 26-2020]
(8)
Facade length-to-frontage ratio: The aggregate length of building
facades fronting a street shall not exceed 0.55 of the frontage width
at the street right-of-way.[4]
[4]
Editor's Note: Former Subsection D(8), regarding age-restricted
and senior citizen multifamily off-street parking, was repealed 9-14-2020
by Ord. No. 26-2020. This ordinance also renumbered former Subsection
D(9) as Subsection D(8).
F.
Business, medical, professional, executive or administrative offices,
institutional and public uses are governed by the following regulations
and requirements:
H.
Supplemental requirements; design standards for gateway uses.
(1)
Parking.
(a)
No parking shall be permitted in the required front yard, nor
between any parts of the building facade and the street right-of-way
line.
(b)
Parking areas shall be screened from view of adjacent residential
zones, existing residential uses and public roads by landscaping,
fencing or a combination of these to create a buffer at least four
feet in height. Landscaping shall contain a mix of deciduous and evergreen
plantings sufficient to screen the view of vehicles in all seasons.
(c)
Parking areas located beneath a building shall be fully screened
from public view by a mix of deciduous and evergreen plantings and
be physically enclosed from view by extension of the front facade
of the building to shield all such parking.
(d)
Parking areas should provide safe access to and from the vehicle
for the driver and passengers.
(e)
Access to parking beneath a building shall be by an elevator.
(2)
Landscaping.
(a)
An eight-foot landscaped buffer shall be required along each
side yard, and a fifteen-foot landscaped buffer shall be required
along the rear property line. All pervious areas in the required front
yard and/or between the front building facade and the street right-of-way
shall be fully planted and maintained in lawn area or ground cover
or landscaped with a mix of deciduous and evergreen shrubbery and
trees. The landscape plan shall be prepared by a licensed landscape
architect.
[Amended 9-14-2020 by Ord. No. 26-2020]
(3)
Vehicular access. Vehicular access to Main Street is limited
to one ingress-egress point.
(4)
Building arrangement and design:
(a)
When development consists of multiple structures, buildings
should be oriented around open space, courtyard or similar landscape
amenity.
(b)
The selection of building design elements, such as materials,
fenestration, color and texture, should be compatible with that in
the Borough and neighborhood.
(c)
Streetscape design should include landscaping, street trees,
pedestrian-scale streetlights, and similar features appropriate to
a gateway location.
(d)
Site lighting should be harmonious with the building style and
design.
(e)
The top third story, if any, shall be set back at least six
feet, at all facades facing a property line, a distance from the second
floor roof eave equal to its height above the second floor roof surface.
(f)
All building facades shall be treated as front facades.
(6)
Applicants for development in the Gateway Zones are encouraged
to pursue creative design, LEED certifications and visual and aesthetic
excellence.
(7)
Applicants for development in the Gateway Zones shall submit
a concept plan for Planning Board review prior to an application.
(8)
All residential units, with the exception of one-hundred-percent-affordable
housing developments, shall conform to the following minimum floor
area requirements:
[Added 5-10-2010 by Ord. No. 17-2010; amended 9-14-2020 by Ord. No. 26-2020]
[Added 4-13-2009 by Ord. No. 11-2009]
A.
Purpose. The purpose of this zone is to provide a range of housing
opportunities and appropriate development standards for properties
strategically located at the edge of the Central Business District
and adjacent to multifamily development. The uses permitted are those
that complement and are supportive of the downtown commercial core,
are compatible with abutting residential uses, and reflect the area's
accessibility to mass transit, public services and major roadways.
The standards of this zone are intended to encourage superior building
aesthetics, sustainable building practices, adaptive reuse of historic
resources, and streetscape enhancement at a scale appropriate to this
area and the Borough.
B.
Principal permitted uses.
(1)
Single-family detached dwellings in accordance with the standards
of the R-4 Zone.
(2)
Two-family dwellings, in accordance with the standards of the
R-4 Zone.
(3)
Attached single-family dwellings/townhouses and apartments,
whether attached to one another horizontally, vertically, or by some
combination of the two.
D.
Area, height and bulk requirements.
(1)
Minimum lot area: 65,000 square feet.
(2)
Maximum height/stories.
(a)
Three stories/35 feet along Ridgedale Avenue frontage as measured
from the top of the curb of Ridgedale Avenue to the highest point
of the roof surface exclusive of chimneys and mechanical penthouses.
(b)
For buildings located on Ridgedale Avenue that have the majority of their frontage on Ridgedale Avenue and extend along the Cook Avenue frontage, the height of the building along Cook Avenue for the first 70 feet of linear building frontage (measured from the Ridgedale Avenue front yard setback line) may exceed 35 feet up to a maximum of 40 feet, as measured from the top of the curb of Cook Avenue to the highest point of the roof surface, only to allow for a section of continuous roofline and enclosed parking level; otherwise, the height of any buildings fronting Cook Avenue shall be as noted in Subsection D(2)(c) below.
(c)
Three stories/35 feet along Cook Avenue frontage as measured
from the top of the curb of Cook Avenue to the highest point of the
roof surface exclusive of chimneys and mechanical penthouses.
(d)
An overall maximum building height in the zoning district of
three stories/35 feet, measured as the average vertical distance from
grade to the level of the highest point of the roof surface (exclusive
of chimneys and mechanical penthouses which cannot exceed five feet).
The reference grade plane for computing height shall be established
by the lowest points within the area between the structure and the
property line as determined by perpendicular offset from the structure
wall, or, where the property line is more than 10 perpendicular feet
from the structure, the lowest points between the structure and within
10 feet, or, where a public road exists within 50 feet of the structure,
the top of the curb of the public road shall be used. Ground levels
are to be averaged at no more than sixty-foot intervals and shall
include all building corners.
(e)
Enclosed parking shall not count as a story if the exposure
of the parking level at the setback line of any public street is less
than 3.5 feet as measured from the proposed or existing grade to the
underside of the structure of the floor above.
(4)
Setbacks for accessory buildings: 15 feet to any side or rear
yard; no accessory buildings allowed in any front yard.
(5)
Maximum impervious coverage: 55%.
(6)
Minimum number of buildings per tract or lot: two buildings
(exclusive of accessory structures); for lots greater than 85,000
square feet there shall be a minimum of three buildings exclusive
of accessory structures.
(7)
Maximum building coverage: 30%.
(8)
Maximum dwelling units per acre: 12 units per acre base density,
with bonuses as follows:
(a)
Incorporation of green building/design techniques to achieve
at least a Silver level LEED-certified project: bonus of 10% over
base density. (NOTE: The applicant shall demonstrate the ability to
achieve this standard prior to receiving preliminary approval and
shall commit to providing those systems, site improvements and design
features consistent with Silver LEED certification.)
(b)
Preservation, rehabilitation, and occupancy of one or more historically significant structures within a designated historic district on the site: bonus of 10% over base density and cannot be combined with Subsection D(8)(c) below.
(c)
Preservation and incorporation of one or more historic facades into proposed development: bonus of 5% over base density and cannot be combined with Subsection D(8)(b) above.
(d)
Maximum cumulative density bonuses shall not exceed 20% over
base density of 12 units per acre.
(9)
Off-street parking shall be as set forth in the RSIS; however,
the Board should encourage a waiver be requested from these standards
due to the location of any parcel within the zone relative to available
downtown parking resources and other opportunities for shared parking.
(10)
Facade length to frontage ratio: The aggregate length of all
building facades fronting a street shall not exceed 0.80 of the frontage
width at the street right-of-way.
F.
Supplemental requirements and design standards:
(1)
Parking.
(a)
At least 75% of the off-street parking shall be contained within
the principal structures. No parking garages shall be permitted in
the required front yard, nor between any parts of the building facade
and the street right-of-way line. No garage shall face a public street.
(b)
An area for bicycle storage shall be provided within all parking
garages or designated storage areas.
(2)
Landscaping and fencing.
(a)
A minimum ten-foot landscaped buffer shall be required along
each side yard and along the rear property line. All pervious areas
in the required front yard and/or between the front building facade
and the street right-of-way shall be fully planted and maintained
in a combination of lawn area or ground cover with a mix of native
deciduous and evergreen shrubbery and trees. The landscape plan shall
be prepared by a licensed landscape architect and reviewed by the
Madison Shade Tree Management Board.
(b)
Parking areas, solid waste storage areas, sheds and all other
accessory structures shall be screened from view of adjacent residential
zones, existing residential uses and public roads by landscaping,
fencing or a combination of these to create a buffer of at least six
feet in height. Landscaping shall contain a mix of deciduous and evergreen
plantings sufficient to screen the view of vehicles in all seasons.
(c)
No fences or gates across access drives shall be permitted in
the front yard setback. Fencing along the perimeter of rear and side
yards shall not exceed six feet in height. No chain link fencing shall
be permitted.
(3)
Vehicular access.
(a)
Vehicular access is limited to one ingress-egress point along
Cook Avenue which shall be at least 125 feet from the Ridgedale Avenue
intersection.
(b)
Curb cuts, circulation, and parking areas shall be located at
least five feet from the property line and shall be located only in
side and rear yards.
(4)
Building arrangement and design.
(a)
When development consists of multiple structures, buildings
shall be oriented around open space, courtyard or similar landscape
amenity with the overall design preserving existing trees and vegetation
to the maximum extent possible.
(b)
The selection of building design elements, such as materials,
fenestration, color and texture, should be compatible with that in
the Borough and neighborhood. Either clapboard siding or brick exterior
shall be the primary material to echo adjacent streetscape elements.
(c)
Streetscape design should include landscaping, street trees,
pedestrian-scale streetlights, and similar features appropriate to
the zone's context.
(d)
Site lighting should be harmonious with the building style and design and shall use only downward-facing fixtures to minimize spillage and glare. Lighting intensities shall be the minimum required to adequately light the site and shall consider the proximity and nature of adjoining uses. See also § 195-25.6 for additional standards.
(e)
All building facades shall be treated as front facades.
(f)
All buildings are required to incorporate frequent vertical
and horizontal articulation through slight variations in build-to
lines along all public street frontages, incorporation of front entries
and porches, variations in roof pitch, careful selection of materials,
the use of windowed projections, and similar architectural treatments
to improve the visual appearance of the buildings.
(g)
Vertical articulations shall be provided at least every 30 feet
along all public street frontages.
(6)
Applicants for development in the R-5A Zone shall submit a concept
plan and an existing conditions survey with elevation/slope information
and existing vegetation for Planning Board review prior to making
a site plan application.
(7)
Given the zone's location in an historic district, photo simulations
shall be provided showing the massing, scale, materials and finishes
proposed for the project from various viewpoints in context with surrounding
properties. These simulations shall be submitted at the time of the
initial application for site plan approval.
(8)
Given the zone's location in an area designated as an historic
streetscape, all site plan applications shall undergo advisory review
by the Madison Historic Preservation Commission. A member of the Madison
HPC shall participate in TCC meetings and recommendations by the HPC
shall be provided to the reviewing board throughout the review process.
(10)
Multifamily residential development, consisting of any building or
structures with attached housing with three or more units, with the
exception of units owned and/or operated by the Madison Housing Authority,
shall conform with the following minimum floor area requirements:
[Added 5-10-2010 by Ord. No. 17-2010]
G.
Standards related to site design and layout, including but not limited to landscaping, stormwater management, lighting, parking, etc., outlined in other sections of Chapter 195, Land Development, shall apply. In the event of inconsistencies between standards elsewhere in Chapter 195 and in this section, the more restrictive standard shall apply.
[Added 12-13-2010 by Ord. No. 57-2010]
A.
Purpose: to encourage development of the area, consistent with transit-oriented
design and sustainable design principles, in a manner that is context
sensitive and that strengthens the connection between this area of
the Borough and the core of the downtown. Future development should
balance site development opportunities and positive economic outcomes
with impacts on surrounding properties. The standards of this zone
are intended to encourage superior building aesthetics, sustainable
site design and building practices and cohesive overall design to
effectively address circulation, site access, parking and other shared
infrastructure.
B.
Sub-Zone I (See GVRSU District Map.).[1] Principal permitted uses:
(1)
Townhouse development in accordance with the standards of the
R-6 Zone.
(2)
Multifamily development, whether attached to one another horizontally,
vertically or by some combination of the two, in accordance with the
standards of this section.
[1]
Editor's Note: The Green Village Road Special Use District Map is included at the end of this chapter.
C.
Sub-Zone I. Permitted conditional uses:
(1)
Boutique hotel, with the following conditions:
(a)
Must be an extension of a boutique hotel primarily located in
Sub-Zone II and shall be part of a comprehensively designed plan for
a boutique hotel.
(c)
No surface parking shall be located within 25 feet of any property
line, with the exception of an interior lot line between Sub-Zones
I and II which shall have no required setback.
D.
Sub-Zone I. Accessory uses: uses that are customarily incidental
and accessory to the principal use.
E.
Sub-Zone I. Area, height and bulk requirements:
(1)
Minimum lot area: 80,000 square feet.
(2)
Maximum height/stories:
(a)
Maximum building heights shall be governed by a combination
of the sky exposure plane (as illustrated in Figure 1[2] and defined as the theoretical inclined plane connecting
a point five feet above grade plane elevation at the top of the curb
of the eastern side of Kings Road and traveling westward) and elevation
based on the Topographic Map of the Borough of Madison, prepared by
VEP Associates, dated April 13, 1993. Buildings shall not project
above the sky exposure plane as noted in Figure 1 nor shall they exceed
323.5 feet in elevation, based on the Topographic Map of the Borough
of Madison, prepared by VEP Associates, dated April 13, 1993. No building
shall contain more than four stories, without incentives.
[2]
Editor's Note: Figure 1 is included at the end of this chapter.
(b)
Up to one additional story of height may be permitted, but only
as provided for through incentives in § 195-32.15D(8), provided
that any fifth story shall not break the sky exposure plane by more
than 10 feet, nor shall any part of any fifth story exceed 342 feet
in elevation above sea level, based on the Topographic Map of the
Borough of Madison, prepared by VEP Associates, dated April 13, 1993
and as illustrated below.[3]
[3]
Editor's Note: Figure 2 is included at the end of this chapter.
(c)
Any story above the third story shall not occupy more than 80%
of the building footprint of the floor below.
(d)
Enclosed, fully or partially below grade parking shall not count
as a story if the exposure of the parking level (exclusive of any
entrance or exit) is less than four feet as measured from the proposed
or existing grade to the underside of the structure of the floor above.
(3)
Minimum setbacks for all buildings:
(4)
Setbacks for accessory buildings: 20 feet to any side or rear
yard; no accessory buildings allowed in any front yard.
(5)
Maximum impervious coverage: 50%.
(6)
Minimum number of buildings per tract or lot: two buildings
(exclusive of accessory structures).
(7)
Maximum building coverage: 30%.
(8)
Maximum density: 20 units per base acre with the option for
the reviewing board to grant density/height bonuses based on the following,
provided that the applicant meets at least two of the following standards:
(a)
Incorporation of green building/design techniques to achieve
at least a LEED certified project under the LEED-ND Program or provision
of an engineered green roof occupying at least 50% of rooftop area
or 6,000 square feet, whichever is greater: bonus of 20% density over
base density and 1/2 story of additional height.
(b)
Inclusion of an amenity or site design feature that clearly
benefits the public and/or the environment to an extent reasonably
related to the density incentive offered: up to 20% bonus.
(c)
Provision of all parking below grade: bonus of 20% of the base
density and 1/2 story of additional height.
(d)
Maximum cumulative incentives shall not exceed 40% over the
base density nor shall additional heights exceed one story.
(9)
Off-street parking shall be as set forth in the RSIS; however,
the Board should encourage a variance be requested from these standards
due to the location of any parcel within the zone relative to available
downtown parking resources and other opportunities for shared parking.
F.
Sub-Zone II. Principal permitted uses:
(1)
Permitted ground floor uses: retail sales and service, restaurants
(non-drive-through), boutique hotel, performing arts venue, museum,
theater, art galleries.
(2)
In addition to the above, business, medical, administrative
or professional offices shall be permitted on the ground floor as
part of any rehabilitation/reuse of existing structures in place at
time of adoption of this section.
(3)
Permitted upper floor uses: commercial, office, apartments,
live/work artist lofts, institutional/educational use not to exceed
15% of gross floor area, performing arts venue, boutique hotel, museum,
theater, art galleries.
G.
Sub-Zone II. Accessory uses: uses that are customarily incidental
and accessory to the principal use.
H.
Sub-Zone II. Area, height, bulk and parking requirements:
(1)
Minimum lot area: 40,000 square feet.
(2)
Minimum and maximum height/stories:
(a)
Maximum height: three stories/35 feet along Kings Road measured
from the top of curb to the highest part of the roof surface.
(b)
Based on incentives specified in § 195-32.15H(6), the reviewing board may allow a partial or full fourth story (four stories/45 feet as measured from the top of the curb of Kings Road).
(c)
Any story above the second story shall be set back an additional
eight feet from Kings Road.
(d)
Enclosed, below grade parking levels shall not count as a story
if the exposure of the parking level at the street line (exclusive
of any entrance or exit to the parking) is less than four feet as
measured from the proposed or existing grade to the underside of the
structure of the floor above.
(e)
Minimum height shall be two stories along the Kings Road frontage.
(4)
Maximum impervious coverage: 85%.
(5)
Minimum number of buildings per tract or lot: two buildings
(exclusive of accessory structures).
(6)
Incentives/height bonus: The reviewing board may grant height
bonuses of up to one additional story of the building's footprint
based on the following standards:
(a)
Incorporation of green building/design techniques to achieve
at least a LEED Silver-certified project or provision of an engineered
green roof occupying at least 50% of rooftop area or 6,000 square
feet, whichever is greater: bonus of 1/2 story (i.e., a full story
that occupies half of the building footprint) of additional height.
(b)
Provision of a public plaza (park) that is accessible via a
pedestrian path from Kings Road and encompasses at least 15,000 square
feet: bonus of 1/2 story of additional height (i.e., a full story
that occupies half of the building footprint).
(c)
Provision of a community theater/performance space that accommodates
at least 150 people on the site: bonus of 1/2 story of additional
height.
(d)
Provision of at least 75% of the required parking below grade
and/or in a structure that is wrapped along public street frontages
with permitted ground floor uses: bonus of 1/2 story of additional
height.
(e)
Maximum cumulative incentives shall not exceed one full story
with total building height of no more than four stories/50 feet (and
corresponding square footage for one additional story based on the
building's footprint).
(7)
Off-street parking shall be as set forth in the RSIS for residential
uses; for nonresidential uses, the parking requirements of the CBD
shall apply; however, the Board should encourage a waiver be requested
from these standards due to the location of any parcel within the
zone relative to available downtown parking resources and other opportunities
for shared parking.
I.
The Zoning Map is amended as follows:[4]
(1)
GVRSU Zone I: Part of Block 3001, Lot 8. (See attached map.)
(2)
GVRSU Zone II: Block 3001, Lot 7 and the remainder of Lot 8.
(See attached map.).
[4]
Editor's Note: See the Green Village Road Special Use District
Map, included at the end of this chapter.
J.
Supplemental requirements and design standards for Sub-Zone I.
(1)
Parking.
(a)
At least 75% of the off-street parking shall be contained within
the principal structures. No parking garages shall be permitted in
the required front yard, nor face a public street. No single-story
accessory garages shall be permitted.
(b)
Areas for bicycle storage shall be provided within all parking
garages or designated storage areas, as well as in any public plaza
or along the primary internal access drive serving the site.
(2)
Landscaping and fencing.
(a)
A minimum twenty-five-foot landscaped buffer shall be required
along the western property line, and a ten-foot planted buffer shall
be required around the balance of the perimeter of the site. All pervious
areas in the required front yard and/or between the building facade
and the property line or any internal circulation road shall be fully
planted and maintained in a combination of lawn area or ground cover
with a mix of native deciduous and evergreen shrubbery and trees.
The landscape plan shall be prepared by a licensed landscape architect
and reviewed by the Madison Shade Tree Management Board.
(b)
Parking areas, solid waste storage areas, sheds and all other
accessory structures shall be screened from view of adjacent residential
zones, existing residential uses and public roads by landscaping,
fencing or a combination of these to create a buffer of at least six
feet in height. Landscaping shall contain a mix of deciduous and evergreen
plantings sufficient to screen the view of vehicles in all seasons.
(c)
No fences or gates across access drives shall be permitted.
Fencing along the perimeter of rear and side yards shall not exceed
six feet in height. No chain link fencing shall be permitted.
(3)
Vehicular access.
(a)
Curb cuts, circulation and parking areas shall be located at
least 50 feet from the westerly property line and a minimum of 10
feet from all other property lines.
(4)
Building arrangement and design.
(a)
When development consists of multiple structures, buildings
shall be oriented around open space, courtyard or similar landscape
amenity with the overall design preserving existing trees, vegetation
and grades to the maximum extent possible.
(b)
The selection of building design elements, such as materials,
fenestration, color and texture, should be compatible with that in
the Borough and neighborhood. Clapboard siding, cedar shingles, hardie
plank, stone or brick shall be the primary exterior material.
(c)
Internal circulation should provide pedestrian access interior
to the site connecting through Sub-Zone II to Kings Road and the CBD.
Design of this pedestrian accessway should include landscaping, street
trees, pedestrian-scale street lights and similar features appropriate
to the zone's context.
(d)
Site lighting should be harmonious with the building style and design and shall use only downward-facing fixtures to minimize spillage and glare. Lighting intensities shall be the minimum required to adequately light the site and shall consider the proximity and nature of adjoining uses. See also § 195-25.6 for additional standards.
(e)
All building facades shall be treated as front facades.
(f)
All buildings are required to incorporate frequent vertical
and horizontal articulation through slight variations in build-to
lines along, incorporation of front entries and porches, variations
in roof pitch, careful selection of materials, the use of windowed
projections and similar architectural treatments to improve the visual
appearance of the buildings.
(g)
Vertical articulations shall be provided at least every 30 feet
along all facades that exceed 60 feet in length or width.
(6)
Affordable housing requirement: Provisions shall be made to
meet the required affordable housing obligation of at least 10% low
and moderate-income housing or as required by COAH/state statute either
on site, off site or through a payment in lieu addressed in a developer's
agreement.
(7)
Applicants for development in the GVRSU Zone shall submit a
concept plan and an existing conditions survey with elevation/slope
information and existing vegetation both on site and within 50 feet
of the property boundary for Planning Board review prior to making
a site plan application.
(8)
Photo simulations shall be provided showing the massing, scale,
materials and finishes proposed for the project from various viewpoints
in context with surrounding properties. These simulations shall be
submitted at the time of the initial application for site plan approval.
K.
Supplemental requirements and design standards for Sub-Zone II.
(1)
See guidelines for development in § 195-24.2E, entitled guidelines for development in the GVRSU District, which shall apply to development in Sub-Zone II.
(2)
An area for bicycle storage shall be provided within all parking
garages or designated storage areas, as well as in any public plazas
and along the public street frontage.
(3)
No fences or gates across access drives shall be permitted.
Fencing along the perimeter of rear and side yards shall not exceed
six feet in height. No chain-link fencing shall be permitted.
(4)
Vehicular access is limited to two points of access along Kings
Road that minimize traffic conflicts.
(5)
Internal circulation should provide pedestrian access interior
to the site connecting through Sub-Zone I. Design of this pedestrian
accessway should include landscaping, street trees, pedestrian-scale
street lights and similar features appropriate to the zone's context.
(6)
Affordable housing requirement. Provisions shall be made to
meet the required affordable housing obligation of at least 10% low-
and moderate-income housing or as required by COAH/state statute either
on-site, off-site or through a payment in lieu addressed in a developer's
agreement.
(7)
Applicants for development in the GVRSU Zone shall submit a
concept plan and an existing conditions survey with elevation/slope
information and existing vegetation both on site and within 50 feet
of the property boundary for Planning Board review prior to making
a site plan application.
(8)
Photo simulations shall be provided showing the massing, scale,
materials and finishes proposed for the project from various viewpoints
in context with surrounding properties. These simulations shall be
submitted at the time of the initial application for site plan approval.
(10)
A master signage plan shall be submitted as part of the site
plan review process, and signage requirements for the CBD-1 Zone shall
apply.
L.
Standards related to site design and layout, including, but not limited to, landscaping, stormwater management, lighting, parking, etc., outlined in other sections of Chapter 195, Land Development, shall apply. In the event of inconsistencies between standards elsewhere in Chapter 195 and in this section, the more restrictive standard shall apply.
[Added 9-14-2020 by Ord.
No. 26-2020]
A.
Purpose: permit multifamily inclusionary residential development,
including the construction of new units along Main Street/Route 124,
to address part of the Borough's affordable housing obligation through
the addition of affordable housing units in both new and existing
residential buildings.
B.
Principal permitted uses: multiple-family dwellings; garden apartments.
C.
Permitted accessory uses: uses that are customarily incidental and
accessory to the principal use as permitted herein.
D.
Development standards:
(1)
Maximum units: A maximum of 40 additional units are permitted with a minimum inclusionary requirement equivalent to 25% of the total new units. This 25% requirement shall be met by the inclusion of affordable units in any new development, with at least two affordable, three-bedroom units included in any new residential building. The remainder of the required affordable units may be located in either new or existing buildings on the site/parcel. The affordable units shall comply with the requirements, including phasing requirements, in § 195-47. If the developer chooses to deed restrict units in an existing building as affordable, it shall be required to obtain a continuing certificate of occupancy or a certified statement from the Construction Official stating that the affordable units meet all code standards.
(2)
Maximum height (new buildings): Any new building shall be no
more than three stories/40 feet exposed facade height (from grade
to top of parapet) along Main Street and no more than four stories/50
feet (from grade to top of parapet) in all other locations to allow
for incorporation of structured parking afforded by the grade change
on the site.
(4)
Minimum lot width: 200 feet.
(5)
Minimum lot depth: 500 feet.
(6)
Minimum lot area: 120,000 square feet.
(7)
Maximum impervious coverage: 80%.
(8)
Maximum total residential units: 104 units.
(9)
Minimum setbacks: at least one foot for every two feet of building
height along Main Street and minimum thirty-five-foot setbacks from
side property lines.
E.
Supplemental standards for new buildings:
(1)
At least half of all required parking shall be located within
structures.
(2)
No off-street parking shall be permitted between any building
and any public street.
(3)
Accessory structures shall be in architectural harmony with
principal structures.
(4)
There shall be minimum four-foot building offsets every 40 linear
feet of any principal structure.
(5)
Landscaped buffers of at least 10 feet in width shall be planted
along Main Street and along the sides of any new building, including
a combination of native shade trees, shrubs and foundation plantings.
[Added 9-14-2020 by Ord.
No. 26-2020]
A.
Permitted uses: inclusionary development in attached single-family
homes, townhouses, two-family homes, garden apartments and patio homes.
B.
Development standards:
(1)
Maximum units per structure: six.
(2)
Maximum height: 2.5 stories/35 feet.
(3)
Minimum lot width: 150 feet.
(4)
Minimum lot depth: 300 feet.
(5)
Minimum lot area: 80,000 square feet.
(6)
Maximum principal building coverage: 40%.
(7)
Maximum impervious coverage: 60%.
(8)
Maximum density: 12 units/acre.
(9)
Minimum setbacks: 30 feet from any public street and all property
lines.
C.
Supplemental standards:
(1)
Minimum distance between buildings: 20 feet.
(2)
No off-street parking shall be permitted in any front yard or
between any building and any public street.
(3)
Accessory structures shall be in architectural harmony with
principal structures.
(4)
No dwelling units shall be located in any basement or cellar.
(5)
There shall be minimum four-foot building offsets every 30 linear
feet of any principal structure that abuts any public street.
[Added 6-28-2021 by Ord.
No. 28-2021]
A.
Purpose. The purpose of this zone is to permit a mix of townhouse
and multifamily residential uses at appropriate densities strategically
located adjacent to Drew University.
C.
Area, height, and bulk requirements:
(1)
Minimum tract size: five acres.
(2)
Minimum number of buildings per tract: five.
(3)
Maximum number of units in structure: 14.
(4)
Maximum density: nine units/acre.
(a)
For purposes of calculating density in this section, any fractional
unit over 0.5 may be rounded up to the nearest whole number.
(5)
Maximum floor area ratio (FAR): 0.25.
(6)
Maximum impervious coverage: 30%.
(7)
Minimum building separation: 25 feet.
(8)
Maximum height: three stories/35 feet.
(9)
Setbacks:
(a)
Minimum building setback from all property lines: 50 feet.
(b)
With the exception of the Loantaka Way property line [see Subsection D(3) below], all required setbacks shall be wooded and/or landscaped with existing trees preserved to the greatest extent possible.
(c)
Minimum building setback from Loantaka Way: 68 feet.
D.
Supplementary requirements:
(1)
A minimum five-foot building offset shall be provided along
building frontages for every two attached units and every 50 feet
of multifamily structures.
(2)
A minimum fifteen-foot vegetated buffer is required along the
Loantaka Way frontage. Averaging may be used in calculating the size
of this buffer to account for minor deviations.
(3)
Maximum number of driveways per tract: two.
A.
General. The Planning Board shall not approve a conditional use unless it finds that the use meets all the conditions identified herein. For conditional uses and associated standards within the PCD-O Zone, please see § 195-32.8.
[Amended 11-22-2021 by Ord. No. 45-2021]
B.
Requirements for specific uses.
(1)
Home occupations shall be permitted as accessory uses in all residential
zones and shall require site plan approval of the Planning Board if
the following standards are satisfied:
(a)
The practitioner must be the owner or lessee of the residence
in which the home occupation is contained.
(b)
Said practitioner must reside in the home.
(c)
Said practitioner shall not engage the services of more than
two office employees. Use of the office by groups of other persons
shall not be permitted.
(d)
The home occupation shall not occupy more than 50% of the total
area of the floor where located, excluding space used for a private
garage or 900 square feet, whichever is smaller.
(e)
No client shall, in such relationship, remain on the premises
overnight.
(f)
Adequate parking spaces shall be provided in accordance with
the parking standards of this chapter so that no parking related to
the home occupation shall occur on the street.
(g)
The residential character of the neighborhood and the premises
shall not be subordinated to the home occupation use.
(h)
No equipment or process shall be used in such home occupation
which creates noise, glare, fumes, odors, electrical interference,
medical waste or other nuisance factors detectable to the normal senses
or to radio, telephone or television equipment off the lot.
(i)
No retail sales shall be conducted on the site.
(2)
Public garages; gasoline service stations. No building, structure
or premises shall be used as a public garage or gasoline service station
unless in conformance with the following conditions:
(a)
Such use shall have a street frontage of at least 100 feet and
an average depth of at least 150 feet.
(b)
The walls of any building or structure, other than gasoline
or oil filling devices, shall be set back at least seven feet from
every adjoining property line and at least 25 feet from any street
right-of-way line, unless the public garage or gasoline service station
abuts a residential zone, then the minimum side or front yard setback
for the residential zone shall apply.
(c)
The entrance and exit driveway or driveways to and from any
public garage or gasoline service station shall be at least 18 feet
wide but not more than 25 feet wide, located at least 10 feet from
any adjoining property line and at least 20 feet from the corner of
any intersecting public streets. Driveways shall be designed so that
exiting vehicles do not have to back out onto any public sidewalk,
street or right-of-way.
(d)
A curbed landscaped area, at least five feet wide, shall be
installed and maintained and shall extend across the front and any
other street line abutting the public sidewalk, and no sign or other
object or device shall be parked or placed thereupon. A landscaped
buffer of at least five feet shall be required along all sides and
property lines.
(e)
All services or repairs to or for motor vehicles shall be conducted
within the confines of a building, except the sale and supply of oil
and gasoline and the filling of tires and batteries and other services
customarily incidental to the sale of gasoline, oil and automobile
supplies and accessories.
(f)
In any public garage or gasoline service station, storage facilities
for gasoline, oil or other flammable materials in bulk over 55 gallons
shall be located wholly underground unless otherwise required by law.
No gasoline pump shall be located or permitted within any enclosed
or semi-enclosed building.
(g)
Every gasoline or oil filling device shall be located at least
15 feet from any street right-of-way line. Side and rear line setbacks
of at least 10 feet are required when adjoining a nonresidential use
and at least 20 feet when adjoining a residential use or zone.
(h)
At any public garage or gasoline service station where motor
vehicles to be repaired will remain more than 24 hours, a solid fence,
at least six feet in height, made of a composition which will effectively
screen the property, shall be placed to effectively screen views from
the street.
(i)
Notwithstanding anything to the contrary contained in this subsection,
no motor vehicles or automobiles so in need of repair as not to be
readily operable under their own power or which require substantial
repair or which are not licensed or which cannot reasonably be used
for transportation shall be permitted on any lot containing or used
in connection with a gasoline service station for more than 30 days
from the date when such motor vehicle was first parked, left standing
or otherwise placed upon said property.
(k)
Gas station sign requirements.
[Added 4-22-2013 by Ord. No. 9-2013]
[1]
Freestanding signs shall be limited to one sign with both station
identification and price information. Such sign shall not exceed a
maximum height of 15 feet, or a maximum width of six feet, and shall
have a minimum setback of 10 feet for all new signs. The station identification
(brand) placard on the sign shall have a maximum area of 16 square
feet. In addition, the freestanding sign shall also be permitted to
contain up to four price points for various grades of motor fuel based
on the following standards: a maximum of two square feet of LED area
allowed per price point for pricing and a maximum of 4.25 square feet
of non-LED sign area for lettering corresponding to each grade of
motor fuel advertised.
[2]
Wall signs: one nonilluminated building sign is permitted per bay
or entrance door with a maximum area of six square feet per sign and
no more than two total such signs.
[3]
Canopy signs: shall be limited to 20% of the facade area with one
sign permitted per facade and no more than two canopy facades with
such signage.
[4]
LED gasoline price signs are prohibited in or adjacent to any historic
district.
[5]
LED gasoline price signs located on lots adjacent to any single-family
or two-family residential district shall be turned off after 10:00
p.m.
[6]
LED gasoline price signs shall not blink, actively move, flash, nor
be combined with video and audio enhanced components.
[7]
LED gasoline price point signs shall be limited to no more than two
colors per establishment, in accordance with industry standards, to
distinguish between grades of motor fuel.
[8]
Gasoline station signage for all pricing and lettering shall not
exceed 12 inches in height.
[9]
Any brightness or glare associated with LED gasoline price point
signs shall not impair the vision of drivers, nor contribute to driver
distraction, nor interfere with the effectiveness of an official traffic
sign, device, or signal.
[10]
LED price point signs shall have a dimmer control a photocell, capable
of being dimmed in accordance with ambient lighting conditions. Any
"nit" levels that are factory set for daytime and nighttime settings
should be the minimum levels required for visibility and clarity,
and to minimize glare, given site and ambient lighting conditions.
[11]
The difference between ambient lighting conditions with and without
any proposed LED signs shall not exceed 0.3 footcandle at night at
a distance calculated by taking the square root of the area of LED
price points (in square feet) times 100. All measurements taken to
determine the difference in illumination shall be taken perpendicular
to the face of the LED price points.
(3)
Institutional uses or structures. Institutional uses, buildings and
structures, as defined in this chapter, exclusive of long-term care
facilities or vacant lands used for the purpose of such institutions,
may be located, when approved as conditional uses, in any zone subject
to the following:
(a)
The property on which the structure or building is to be constructed
or the activities conducted must contain a minimum of one acre.
(b)
No building shall be closer than 50 feet to the side or rear
line of any adjacent property. These 50 feet shall be considered as
a buffer strip and shall be landscaped in accordance with the standards
set forth in this article.
(c)
No building or structure shall be closer than 60 feet to any
front street property line nor less than 50 feet from any other structure.
Except as permitted in this article, no building or structure shall
be higher than 40 feet above the ground level.
(d)
All buildings must be served by driveways to be approved as
part of the special exceptions as to size, curvature, grade and surface
to provide easy access for emergency vehicles, such as police and
fire equipment.
(e)
No parking shall be permitted between the front building line
and the street right-of-way.
(4)
Financial institutions with drive-up windows. No building, structure
or premises shall be used as a financial institution with drive-up
window facilities unless in conformance with the following conditions:
(a)
Such use shall be located on lots with street frontage of at
least 100 feet.
(b)
The minimum lot area shall be 15,000 square feet.
(c)
No transaction window or speaker system shall be located closer
than 50 feet to any property line of any residential use or any residential
zone line.
(e)
Any transaction window or station shall be set back a minimum
of 25 feet from any property line.
(f)
No drive-through window shall face any public right-of-way.
(5)
Restaurants with drive-through windows. No building, structure or
premises shall be used as a restaurant with drive-through window facilities
unless in conformance with the following conditions:
[Amended 5-28-2014 by Ord. No. 31-2014]
(a)
Such use shall be located on lots with street frontage of at
least 100 feet.
(b)
The minimum lot area shall be 20,000 square feet.
(c)
No transaction window or speaker system shall be located closer
than 60 feet to any property line of any residential use or any residential
zone line.
(e)
Any transaction window shall be set back a minimum of 40 feet
from any property line.
(f)
No drive-through window shall face any public right-of-way,
nor shall any drive-through window be located within 50 feet of the
street right-of-way line from which vehicles using the drive-through
window will enter or exit.
(g)
There shall be no more than two one-way access driveways serving
the site. The minimum distance between the center lines of such driveways
shall be 125 feet. Driveways shall be one-way.
(h)
Internal circulation shall be such that stacked vehicles for
the drive-through window(s) shall not interfere with general vehicular
circulation and parking or pedestrian circulation on the site. Drive-through
window stacking lanes shall not be located in parking aisles, nor
shall they, in any manner, interfere with vehicles entering or exiting
the site or pedestrian circulation.
(i)
The perimeter of the site shall be fenced and/or landscaped
in a manner that will prevent litter from being blown across property
lines and to effectively screen adjacent noncommercial properties
on a year-round basis. Such screening shall consist of both a board-on-board
fence and dense landscaping along any adjoining noncommercial property
lines.
(j)
Trash receptacles of an attractive design, consistent with Borough
standards and without any advertising or branding, shall be maintained
around outdoor eating areas, along pedestrian walkways and at points
of egress from the site.
(k)
Any outdoor eating areas shall be clearly delineated with curbing,
shall be attractively landscaped, and shall be so located that patrons
can walk directly from the building to the eating area without crossing
a driveway or parking lot. Outdoor seats shall count toward the parking
requirements for the establishment.
(l)
Odor reduction devices shall be employed to minimize the effect
of odor production from cooking and frying activities. The applicant
shall demonstrate that proposed techniques shall keep the odors on
site, to the maximum extent feasible.
(m)
Signage shall be limited to one, noninternally illuminated building
sign not exceeding 30 square feet and one, noninternally illuminated
monument sign, not exceeding six feet in height (including base plus
sign area) and 20 square feet in area.
(n)
Site lighting shall be the minimum necessary to adequately light
the building, outdoor seating area and parking lot with a fixture
height (pole plus base) not exceeding 15 feet; only downward-facing
fixtures are permitted. Timers shall be required to turn off all nonsecurity
lighting after business closing.
(o)
There shall be no parking in the front yard setback on any front
yard. All front yards, with the exception of pedestrian access and
other improvements, shall be fully planted with a mix of deciduous
and coniferous trees, shrubs and ground cover.
(p)
Any awning shall be canvas, with a maximum of six square feet
of signage area on awning valances.
(q)
No drive-through or fast-food restaurant shall be located within
500 feet of any elementary, middle, or high school.
(r)
On any lot adjoining within 250 feet of a residential use or
district or within 250 feet of the Central Business District, the
primary building material shall be masonry (stone or brick), wood,
hardie plank, or some combination thereof.
(6)
College housing. Housing for faculty and employees of Drew University
and their families and housing owned and/or operated by the Madison
Housing Authority in the U Zone shall meet the following requirements:
(a)
The principal objective of all such housing shall be to provide
affordable housing accommodations to eligible occupants.
(b)
The maximum number of housing units permitted under this section
shall be the existing 60 units to house the faculty and employees
of Drew University and their families, and not more than the existing
12 housing units shall be permitted to be owned and/or operated by
the Madison Housing Authority.
(c)
Permitted uses shall include single- and two-family detached
dwellings, attached dwellings and multifamily dwellings.
(d)
Accessory uses shall include those uses customarily accessory
to a principal permitted use.
(e)
Bulk standards.
[1]
Maximum height.
|
Type of Housing
|
Stories
|
Feet
|
|---|---|---|
|
Single- and two-family detached housing
|
2 1/2
|
35
|
|
Multifamily
|
3
|
40
|
[2]
Setback: 50 feet from tract boundary.
[3]
Maximum floor area ration (FAR): 0.3.
[4]
Minimum common open space: 30%.
[5]
Maximum impervious coverage: 50%.
[6]
Minimum parking.
|
Off-Street Parking Spaces Required
| |
|---|---|
|
Type of Unit
|
Number of Spaces Required
|
|
Efficiency
|
1.0
|
|
One-bedroom
|
1.0
|
|
Two-bedroom
|
2.0
|
|
More than two-bedroom
|
2.0
|
(f)
The bulk and sitting requirements set forth in the R-5 Zone
for multifamily shall apply to any multifamily housing in the U Zone.
(g)
Occupants of any housing to be owned and/or operated by the
Madison Housing Authority shall meet all applicable eligibility standards
for such housing. Occupants of all other housing created under this
section shall be faculty or employees or Drew University and their
families.
(h)
All vehicular access shall be provided for in a manner acceptable
to Planning Board.
(i)
Particular care shall be used in site location and site design
to minimize the impact of any proposed development on adjacent land
uses and any unique features of the University, including special
environmental features and/or any other unique features of the University
and, in that regard, adequate setback, buffers and landscaping shall
be provided. Particular care shall be used in the site location and
site design in order to preserve any environmentally sensitive areas
in the U Zone.
(j)
The area(s) of the U Zone proposed for housing to be constructed
under this section shall be subdivided as a separate parcel in accordance
with the subdivision requirements contained in this chapter. Housing
proposed to be owned and/or operated by the Madison Housing Authority
shall also be subdivided as a separate parcel.
(k)
Single- and two-family detached housing built under this section
shall meet R-4 lot and setback requirements.
(7)
Assisted-living residence (ALR).
[Amended 11-22-2021 by Ord. No. 45-2021]
(a)
Minimum lot area: five acres.
(b)
Minimum lot width: 300 feet.
(c)
Minimum lot depth: 400 feet.
(d)
The property shall have frontage on a secondary arterial road
or shall be located in an R-5 or R-6 Zone having frontage on a secondary
arterial or collector road, as defined in the Borough Master Plan.
(e)
Maximum height: 35 and 2 1/2 stories.
(f)
Maximum floor area ratio (FAR): 0.3.
(g)
Maximum impervious coverage: 40%.
(h)
Minimum setbacks:
[1]
Front yard: 100 feet.
[3]
A minimum of 50 feet of the setback area (except adjacent to
a nonresidential zone property line) shall be considered a buffer
strip. Buffers are fences, landscaping, berms and mounds used to minimize
any adverse impacts on the site or from adjacent areas. Within said
buffer zone, no structure or off-street parking or loading area shall
be permitted except utility easements, fences and signs. Driveways
may only cross the buffer strip. Said buffer shall be kept in its
natural state where wooded and, when natural vegetation is sparse
or nonexistent, the Board may require the applicant to supplement
the existing vegetation.
(i)
No parking shall be permitted in any required front yard setback
area.
(k)
Maximum number of units: 75.
(l)
Maximum number of occupants: 100.
(m)
No accessory structures shall be permitted.
(8)
Continuing care retirement community (CCRC).
(b)
The development shall include at least some level of each of
the following:
[1]
Health-care facilities and services.
[2]
Facilities and services for providing meals for residents who
will require residential health care and nursing care, with or without
common dining facilities.
[3]
Physical therapy facilities and services.
[4]
Meeting rooms.
[5]
Recreation facilities.
[6]
Health-care and physical therapy facilities may be in an existing
or new off-site location (subject to zoning requirements), if the
applicant shows adequate plans to provide residents of the development
with reasonable access.
(c)
The application for development shall include a statement generally
describing the health-care services, meal services for residents who
will require residential health care or nursing care, and physical
therapy services that will be provided. Such statement may be, but
is not required to be, the developer's disclosure statement (or a
portion of it) which is required by N.J.S.A. 52:27D-336 (P.L. 1986,
c. 103, § 7).
(d)
It shall be a condition of final subdivision approval or final
site plan approval that residency in the CCRC shall be age-restricted
to persons at least 62 years of age, with or without a spouse or other
members of such person's housekeeping unit in the event of the death
of such resident. This condition shall not be construed as requiring
the CCRC to permit surviving members below the age of 62 to remain
in residence following such death.
(e)
Permissible accessory uses shall include houses of worship and
religious facilities, garages, sheds, fences, swimming pools, recreational
facilities designed for use by residents, maintenance buildings, gatehouses,
employee living quarters, and retail and personal services restricted
to residents, guests and employees, and other uses customarily associated
with and ancillary to a CCRC, as long as such accessory uses are subordinate
to and serve only the conditional use.
(f)
Area and setback requirements shall be as follows:
[1]
Minimum lot area: 25 acres.
[2]
Minimum lot width: 200 feet.
[4]
Maximum impervious lot coverage: 40%.
[5]
Maximum building coverage: 20%.
[6]
Maximum building height: 35 feet, except that height may be
increased to a maximum of 40 feet, provided that for each additional
foot of building height above 35 feet, two additional feet of setback
shall be required from the exterior tract buffer. Building height
shall be measured from the average finished grade level surrounding
the building measured five feet from the building wall to the top
of the roof.
(g)
Maximum and minimum number of units.
[1]
The maximum number of independent living and assisted-living
residences shall be five units per acre.
[2]
A minimum of four independent-living units shall be provided
for each nursing unit.
[3]
Assisted-living residence units shall be counted as independent-living
units in meeting the 4 to 1 ratio requirement above.
[4]
The maximum number of detached single-family dwellings shall
not exceed 30% of the total permitted number of independent-living
units.
(h)
Parking requirements. Sufficient off-street parking shall be
required to meet the needs of the residents, employees and guests
in accordance with the following minimum requirements:
[1]
Independent-living units: 1.0 per dwelling unit.
[2]
Assisted-living residences: one for every three occupants.
[3]
Nursing beds: .3 per bed.
[4]
Staff: one off-street parking space per full-time staff, plus
one for every two part-time staff, on the maximum shift.
[5]
Visitors: an additional 10% above the total required parking.
(k)
Buffering and screening. All CCRC's shall be landscaped and
buffered. A landscaped buffer not less than 25 feet shall be planted
or installed around the perimeter of the developed area of any CCRC
site.
(9)
Long-term care facilities.
(a)
Minimum tract size: 2.5 acres.
(b)
Minimum tract width: 150 feet.
(d)
Minimum parking setback: five feet, but no parking shall be
allowed in the area, except required handicapped spaces between the
road and the facade of the building closest to the road, except required
handicapped spaces.
(e)
Maximum impervious coverage: 40%.
(f)
Perimeter screen buffers of 15 feet shall be installed.
(g)
Maximum height: 35 feet.
(10)
Wireless communications antennas.
[Added 3-11-2002 by Ord. No. 9-2002]
(a)
Purposes. It is the overall purpose of this subsection to provide
specific zoning conditions and standards for the location and operation
of wireless communications antennas within the Borough of Madison,
to recognize the need to safeguard the public good and preserve the
intent and the purposes of the Madison Borough Master Plan and Zone
Plan.
(b)
Overall objective. The overall objective of this subsection
is to enable the location within the Borough of Madison of those antennas
which are necessary to provide adequate wireless communications services
while, at the same time, limiting the number of supporting towers
to the fewest possible.
(c)
Specific goals. The specific goals are to:
[1]
Minimize the total number of wireless communications towers
within the Borough of Madison;
[2]
Limit the impact of wireless communications antennas, towers
and related facilities upon the residences and the streetscapes throughout
the Borough of Madison;
[3]
Safeguard the prevailing and historic character of development
throughout the Borough of Madison;
[4]
Encourage the location of antennas upon, or within, existing
structures, including existing wireless communications towers, existing
buildings, existing water towers or standpipes, and existing telephone
and electric poles and towers, especially those existing structures
situated on public property;
[5]
Encourage as many antennas as possible, of as many of the wireless
communications carriers as possible, to be collocated on the fewest
number of existing structures within the Borough of Madison;
[6]
Discourage the construction of new towers which do not have
the likelihood of being used by a number of wireless communications
carriers;
[7]
Encourage the communications carriers to configure their facilities
in a manner that minimizes and mitigates any adverse impacts upon
affected properties, streetscapes and vistas through careful design,
siting, landscape screening and innovative camouflaging techniques;
[8]
Formulate and maintain, for land use planning purposes, a complete
inventory of all wireless communications antennas, towers and related
facilities within the Borough of Madison, and others in the vicinity
of the Borough, which are capable of providing service within the
Borough;
[9]
Enhance the ability of the carriers of wireless communications
services who adhere to the letter and intent of this subsection to
provide such services quickly, effectively and efficiently; and
[10]
Comply with the mandate of the Federal Telecommunications
Act of 1996, 47 U.S.C. Section 332 (c)(7), which preserves local government
authority to enforce zoning requirements which protect public safety,
public and private property and community aesthetics.
(d)
Exemptions of applicability. These wireless communications antennas
provisions shall not apply to the following:
[1]
This subsection shall not govern any tower, or the installation
of any antenna, that is under 70 feet in height and is owned and operated
only by a federally licensed amateur radio station operator or is
used exclusively to receive transmissions; and
[2]
This subsection shall not govern any parabolic satellite antennas.
(e)
Overall Comprehensive Plan.
[1]
In order to effectuate the purposes, objective and goals of
this subsection as noted hereinabove, any applicant to the Borough
of Madison for approval to erect a wireless communications antenna,
in addition to all other information required by this subsection,
shall provide threshold evidence that the proposed location of the
proposed antenna(s), and any proposed supporting tower and/or ancillary
cabinets enclosing related electronic equipment, has been planned
to result in the fewest number of tower locations within the Borough
of Madison at the time full service is provided by the applicant throughout
the Borough. Therefore, the applicant shall provide an overall comprehensive
plan indicating how it intends to provide full service throughout
the Borough of Madison and, to the greatest extent reasonably possible,
shall indicate how its plan specifically relates to and is coordinated
with the needs of all other providers of wireless communications services
within and around the Borough.
[2]
More specifically, the overall comprehensive plan shall indicate
the following:
[a]
The mapped location and written description of
all existing antennas and existing and approved supporting structures
within the Borough;
[b]
The mapped or GIS database location and written
description of all existing or approved water towers or water standpipes
and existing telephone or electric poles or towers within the Borough;
[c]
How the proposed location of the proposed antenna(s)
specifically relates to the suitability or unsuitability of such existing
structures to be utilized to provide the intended wireless communication;
[d]
How the proposed location of the proposed antenna(s)
specifically relates to the anticipated need for additional antennas
and supporting structures within and near the Borough of Madison by
the applicant and by other providers of wireless communications services
within the Borough;
[e]
How the proposed location of the proposed antenna(s)
specifically relates to the objective of collocating the antennas
of many different providers of wireless communications services on
a single supporting structure; and
[f]
How the proposed location of the proposed antenna(s)
specifically relates to the overall objective of providing full wireless
communications services within the Borough of Madison while, at the
same time, limiting the number of towers to the fewest possible, including
alternate technologies which do not require the use of towers.
(f)
Location priorities.
[Amended 3-10-2003 by Ord. No. 2-2003]
[1]
Based upon the overall comprehensive plan submitted by the applicant in accordance with § 195-33B(10)(e) hereinabove, if the Borough of Madison determines the proposed antenna(s) to be needed for the provision of full wireless communication services within the Borough, utilizing the fewest number of towers as reasonably possible, wireless communication antennas shall be permitted within the Borough at the following prioritized locations:
[a]
The first priority location shall be an existing
or municipally approved wireless communication tower in any zone,
or an existing telephone or electric pole or tower in the nonresidential
zones listed in § 195-33B(10)(f)[1][b] hereof.
[b]
The second priority location shall be on lands
situated within the Borough of Madison zoned within the CBD-1, CBD-2,
CC, U, OSGU or OR Zoning Districts; or on lands within the Borough
of Madison situated in any zoning district, which land contains an
existing utility facility with an aboveground structure that contains
one or more existing ground buildings.
[2]
Notwithstanding any provision of this Land Development Ordinance
to the contrary, the location of antenna(s) on an existing municipally
approved structure shall not require a use variance in accordance
with N.J.S.A. 40:55D-70d.(1) of the Municipal Land Use Law.
(g)
Area and setback requirements.
[1]
If the proposed antenna(s) will be attached to an existing or
approved tower, an existing building, an existing or approved water
tower or water standpipe, or an existing telephone or electric pole
or tower, no land area shall be required in addition to the land area
upon which the existing structure is situated; or
[2]
If the proposed antenna(s) will be supported by a new tower
and will be situated on lands owned by the Borough of Madison, the
land area required shall be as approved by the Borough Council in
consideration of existing site conditions and surrounding land uses,
and shall be subject to a written lease agreement between the applicant
and the Borough of Madison; or
[3]
If the proposed antenna(s) will be supported by a new tower
and will be situated on lands within the Borough of Madison not owned
by the municipality, the following minimum area and setback requirements
shall be met:
[a]
The proposed antenna(s) and proposed supporting
tower and ancillary related electronic equipment shall be located
on a land area equal to in size or larger than the minimum lot area
specified in Schedule I of this chapter[1] for the applicable zoning district;
[1]
Editor's Note: Schedule I is included at the end of this chapter.
[b]
The minimum required land area pursuant Subsection
B(10)(g)[3][a] hereinabove shall either be a separate undeveloped
lot or a leased portion of an already developed lot;
[c]
The proposed antenna(s) and proposed supporting
tower and ancillary related electronic equipment, and any approved
building housing the electronic equipment and any approved camouflaging
of the tower, shall be the only land uses located on the subject land
area, whether a separate lot or a leased portion of a lot; and
[d]
Except for any access driveway into the property,
any required landscaping and any underground utility lines reviewed
and approved by the Planning Board as part of the site plan submission,
no building, structure and/or disturbance of land shall be permitted
within a one-hundred-foot setback distance from any street line, from
any other existing or proposed property line, and provided that if
a tower will exceed 100 feet in height, the tower shall be set back
from any street line and from any other existing or proposed property
line a distance equal to or greater than the height of the tower.
(h)
Maximum height. Notwithstanding any provisions of this subsection
to the contrary, the following height restrictions shall apply for
any wireless antenna and/or any new supporting tower:
[1]
The height of any proposed antenna extending above any existing
tower, any existing building or above any existing or proposed water
tower or water standpipe shall be demonstrated by the applicant, to
the satisfaction of the Planning Board or the Borough Council, as
the case may be, to be the minimum height necessary for the proposed
installation to satisfactorily operate; and
[2]
The height of any proposed new supporting tower shall not exceed
120 feet above ground level unless it can be demonstrated by the applicant,
to the satisfaction of the Planning Board or the Borough Council,
as the case may be, that a greater height is necessary for the proposed
installation of the antenna(s) to satisfactorily operate and for the
collocation of at least three other carriers on the tower.
(i)
Design details.
[1]
Any proposed new tower shall be a monopole, unless the applicant
can demonstrate, and the Planning Board agrees, that a different type
of pole is necessary for the collocation of additional antennas on
the tower.
[2]
To the greatest extent possible, no antenna and/or its supportive
tower shall be located to be visible from any historic district or
site as duly designated by Madison Borough, the State of New Jersey
or by the federal government.
[3]
To the greatest extent possible, no new tower shall be located
to be visible from any public street.
[4]
To the greatest extent possible, all cables shall be installed
within underground conduits.
[5]
Any new tower shall be located behind existing buildings and/or
natural topographic elevations in order to screen the tower's base
from being visible from adjacent properties and from any street right-of-way.
[6]
The color and any camouflaging of a proposed tower shall be
proposed by the applicant in the context of the visibility of the
tower from different vantage points throughout the Borough, and the
existing land uses and vegetation in the vicinity of the subject site.
[7]
No antenna shall be located on any tower in order to provide
to service provider personnel the equivalent of wireline telephone
service; such service shall be provided via existing telephone lines
if available to the site, or by the underground extension of telephone
lines to the site if necessary.
[8]
No lighting is permitted on a tower except lighting that specifically
is required by the Federal Aviation Administration (FAA), and any
such required lighting shall be focused and shielded to the greatest
extent possible so as not to project towards adjacent and nearby properties.
The applicant shall provide to the Planning Board all applicable FAA
standards regarding lighting that may apply to a proposed tower.
[9]
Individual cabinets for the required electronic equipment related
to the wireless communications antenna(s) shall be permitted in accordance
with the following design criteria:
[a]
Any proposed cabinet or combination of cabinets
enclosing required electronic equipment shall not be more than 12
feet in height nor more than 250 square feet in area, and only one
such area for the cabinet(s) shall be permitted for each provider
of wireless communications services located on the site;
[b]
No electronic equipment shall interfere with any
public safety communications;
[c]
All of the electronic equipment shall be monitored
and configured so that, to the greatest extent possible, the need
for on-site maintenance and the commensurate need for vehicular trips
to and from the site will be minimized;
[d]
All the required electronic equipment for all anticipated
communications carriers to be located on the subject site shall be
housed within a one-and-one-half-story building, which building shall
not exceed 250 square feet per service provider in area and shall
not exceed 1,250 square feet in gross area for the entire building
and 20 feet in height, and which shall be designed with a single-ridge,
pitched roof with a residential or office character of appearance;
and
[e]
The building may have one light per service provider
at the entrance to the building, provided that the light is attached
to the building, is focused downward and is switched so that the light
is turned on only when workers are at the building. The building may
have a separate entrance for each service provider.
[10]
No signage is permitted, unless "warning" and/or
equipment information signs are deemed necessary for safety purposes
and are specifically approved by the Planning Board.
[11]
Minimal off-street parking shall be permitted
as needed and as specifically approved by the Planning Board.
[12]
Between the location of the tower and the building
enclosing related electronic equipment and any public street or residential
dwelling unit or residential zoning district within view of the tower
and the building, landscaping shall be provided in accordance with
the following:
[a]
The landscaping shall consist of a combination
of existing and/or newly planted evergreen and deciduous trees and
shrubs of sufficient density to screen the view of the tower, particularly
at its base, to the maximum extent reasonably possible, and to enhance
the appearance of the building from the surrounding residential properties
and any public street;
[b]
The landscaping plan shall be prepared by a licensed
landscape architect who shall present testimony to the Planning Board
regarding the adequacy of the plan to completely screen the tower
from view and to enhance the appearance of the building; and
[c]
Any newly planted evergreen trees shall be at least
eight feet high at time of planting, and any newly planted deciduous
trees shall be a minimum caliper of two inches at time of planting.
(j)
Site plan submission and approval requirements.
[1]
The applicant shall provide to the Planning Board or the Borough Council, as the case may be, a specific written addressment of each of the design details enumerated in § 195-33 B(10)(i) hereinabove.
[2]
Wireless communications antennas, and any proposed supporting tower and related electronic equipment, shall require preliminary major site plan approval in accordance with the requirements specified in § 195-22 of this chapter and final major site plan approval in accordance with the requirements specified in § 195-22.1 of this chapter.
[3]
In addition to the applicable documentation and items of information
required for preliminary and final major site plans specified in this
chapter, the following additional documentation and items of information
specific to wireless communications antennas are required to be submitted
to the Planning Board for review and approval as part of the submission
of the preliminary site plan application:
[a]
Documentation by a qualified expert that any existing
structure proposed for the location of the antenna will have sufficient
structural integrity to support the proposed antennas, and that the
safety hazards resulting from ice falling from the structure and the
antennas have been adequately mitigated;
[b]
Documentation by a qualified expert that any proposed
tower will have sufficient structural integrity to support the proposed
antennas and the anticipated future collocated antennas and that the
structural standards developed for antennas by the Electronic Industries
Association (EIA) and/or the Telecommunication Industry Association
(TIA) have been met;
[c]
A letter of intent by the applicant, in a form
which is reviewed and approved by the Borough Attorney, indicating
that the applicant will share the use of any tower with other approved
wireless communications service providers at reasonable rates which
shall be economically viable; and
[d]
A visual sight distance analysis, including photographic
reproductions of a crane or balloon test, graphically simulating the
appearance of any proposed tower, with at least three antenna arrays
attached thereto, from at least 15 locations around and within one
mile of any proposed tower where the tower will be most visible. The
applicant shall schedule the time of the crane or balloon test with
the Borough Engineer in order to provide the members of the Planning
Board and the general public the opportunity to view the crane or
balloon.
[e]
Evidence from an independent expert that all equipment
will comply with the then-current Federal Communications Commission
(FCC) rules and regulations, including that radio frequency (RF) emissions
will be within the FCC guidelines. Any approval shall contain a condition
that the applicant shall provide a further report to the Borough Engineer
from an independent expert that the RF emissions are within the FCC
guidelines within 90 days after installation is complete and that,
upon any change in FCC guidelines or regulations governing same, the
applicant shall within 120 days of such change provide a report to
the Borough Engineer from an independent expert that the RF emissions
are within the revised FCC guidelines or regulations.
[4]
In addition to its normal professional staff, given the technical
and specialized nature of the testimony by the applicant's radio frequency
expert(s), the Planning Board shall hire its own radio frequency expert
to review and comment upon the testimony presented by the applicant.
Additionally, based upon other testimony presented by the applicant,
the Planning Board may hire other experts with specialized areas of
expertise if deemed necessary.
(k)
Restoration provisions. Except for proposals to locate antennas
on lands owned by Madison Borough, the applicant (and the landowner
in the instance of a leased property) shall provide a performance
bond and/or other assurances satisfactory to the Planning Board and
in a form approved by the Borough Attorney that will cause the antennas,
any supporting tower, the electric equipment cabinets, any building
enclosing the electronic equipment cabinets, and all other related
improvements to the land to be removed, at no cost to the Borough,
when the antennas are no longer operative. Any wireless communications
antenna facility not used for its intended and approved purpose for
a period of six months shall be considered no longer operative and
shall be removed by the responsible party within 60 days thereof.
(l)
Other requirements. All other applicable requirements of this Land Development Ordinance not contrary to the specific conditions and standards specified herein shall be met, but waivers and/or variances of such other applicable requirements of this chapter may be granted by the Planning Board. Additionally, based upon the site-specific information presented by the applicant during site plan review, the Planning Board may grant deviations from the literal requirements for wireless communications antennas specified in Subsection B(10)(g), (h) and (i) of this subsection hereinabove, provided that the purposes, overall objective and specific goals, respectively specified in Subsection B(1)(a), (b) and (c) of this subsection, are advanced by the deviations.
(11)
Outdoor dining:
[Added 7-12-2010 by Ord. No. 20-2010]
(a)
Outdoor dining refers only to the service of food and beverages, consistent with the definition of restaurant, but extended to include privately owned outdoor property on which a restaurant operates as the principal permitted use; outdoor dining on any public sidewalk or right-of-way shall continue to be governed by Borough Ordinance § 166-43 and associated permit requirements;
(b)
Outdoor dining does not include an outdoor bar or any other similar
outdoor accessory use that serves only beverages, nor does it include
any drive-through or take-out windows;
(c)
Public access shall be provided from within the principal restaurant
use with a secondary means of emergency egress in accordance with
applicable New Jersey building codes;
(d)
Outdoor dining areas shall be designed in accordance with barrier-free
requirements;
(e)
The calculation of off-street parking requirements shall include
outdoor seating occupancy;
(f)
The approval of any application for outdoor dining shall not be construed
as approval by the Borough Council for extension and/or renewal of
any license under ABC jurisdiction; such extensions and/or renewals
shall only be granted by the Borough Council;
(g)
All outdoor dining areas shall be clearly delineated by a solid decorative
fence, wall or other structure at least 4.5 feet in height but no
more than six feet in height;
(h)
Hours of operation of outdoor dining areas shall not extend later
than 10:00 p.m.;
(i)
All outdoor lighting shall be downward facing and shall be turned
off by 10:30 p.m.;
(j)
No amplified music shall be permitted in outdoor dining areas;
(k)
No outdoor dining area that serves alcoholic beverages shall be located
within 200 feet of a school or public park;
(l)
No outdoor dining area shall obstruct pedestrian access serving one
or more stores or businesses in addition to the property on which
outdoor dining is proposed.
(m)
There shall be no outdoor dining at any restaurant located in any
nonresidential zone, including CBD-1, CBD-2 and CC Zones, that is
located within 200 feet of any residential zone. The distance shall
be measured from any property line of the restaurant to the closest
residential zone line.
[Added 9-13-2010 by Ord. No. 45-2010]
A.
Sign permit exemptions. Exemptions shall not be construed as relieving
the owner of such signs from the responsibility of complying with
applicable provisions of this chapter. The exemption shall apply to
the requirement for a sign permit only. No sign permits shall be required
for the following signs:
(1)
Any public notice or warning required by a valid and applicable federal,
state, county or local law, regulation or ordinance.
(2)
Any sign which is inside a building, not attached to a window or
door, and is not readable from a distance of more than three feet
beyond the lot line of the lot or parcel nearest to where such sign
is located.
(3)
Holiday lights and decorations with no commercial message, excluding
holiday inflatable decorations, which shall require permission of
the Borough Council.
(4)
Any sign indicating the name of a building and/or date of construction
and/or other incidental information about its construction, which
sign is cut into a masonry surface or made of bronze or similar permanent
material, including historic tablets, cornerstones, memorial plaques
and emblems which do not exceed four square feet in area from a single
viewpoint.
(5)
Traffic control signs on private property, the face of which meets
the Department of Transportation standard, and which contain no commercial
message of any sort.
(6)
Flags of the United States, New Jersey, the Borough of Madison, foreign
nations having diplomatic relations with the United States, other
flags adopted or sanctioned by an elective legislative body of competent
jurisdiction and flags flown in conjunction with the flag of the United
States, provided that such a flag does not exceed 60 square feet in
area and is not flown from a pole in excess of 40 feet in height.
A flag's area shall be in reasonable proportion to the length of the
pole from which it is displayed. Not more than three flags may be
flown from any one pole. The statutory requirements associated with
flags and generally accepted standards of flag display etiquette shall
be observed.
(7)
Signs in the University Zone that are more than 100 feet from the
external boundary of a lot.
(8)
Signs or banners advertising public or quasi-public events that are
posted with the permission of the Borough Council or of any person
to whom the Borough Council has delegated this authority according
to guidelines set by the Borough Council.
(9)
Pump-mounted fuel price informational signs subject to the following:
(a)
Only one fuel price informational sign shall be permitted per
fuel pump.
(b)
Fuel price informational signs shall be limited in size to an
area of 216 square inches in accordance with state and federal regulations.
(c)
Each fuel price informational sign shall be affixed directly
and firmly to a fuel pump and shall be stationary.
(d)
Nothing herein shall be construed to prohibit the advertisement
of fuel prices on any other sign meeting the requirements of this
section.
(10)
U.S. Postal regulation mailboxes.
B.
Permit procedure.
(1)
No sign except those exempted by Subsection A above shall be placed, constructed, or erected or modified unless a sign permit shall have been obtained from the Zoning Officer and, where required by the New Jersey Uniform Construction Code, a building permit shall have been obtained from the Construction Official and, in the case of a commercial use, be referred to and reviewed the Sign and Facade Committee of the Downtown Development Commission and, if in the Historic District, be referred to and reviewed by the Historic Preservation Commission. Signs which are not specifically allowed by this subsection shall be prohibited.
(2)
Master Signage Plan.
(b)
The Master Signage Plan shall contain the following information
for each existing and proposed sign:
[1]
Size (i.e., length, height, area, thickness, number of faces).
[2]
Letter style and size.
[3]
Illumination.
[4]
Colors (i.e., letter, background, trim), including PMS color
samples.
[5]
Construction materials, structural integrity and installation
details.
[6]
Window size (if applicable).
[7]
Location (i.e., height above grade, distance from roofline,
building width, location from sides).
(c)
The Master Signage Plan graphically depicting the sign shall
be prepared by the applicant or a sign professional. The Master Sign
Plan application shall include a sketch or photograph showing the
dimensions of each facade, window and canopy of the building to which
a sign is to be attached, in sufficient detail to clearly indicate
the location, dimension and area of all existing and proposed permanent
signs affixed to the walls, windows and canopies of the building.
These dimensions shall either be shown on the sketch or photograph
or on an attached table. Samples of construction materials shall be
submitted.
(d)
In the case of a freestanding sign, a plot plan of the lot shall
be required as part of the Master Signage Plan, showing the location
of buildings, parking lots, driveways, landscaped areas and all other
existing and proposed signs.
(e)
Whenever a Master Signage Plan is filed with the Planning Board
or the Zoning Board of Adjustment, a plot plan as described in this
section shall be required for all applications, and all plans and
drawings which comprise a part of the Master Signage Plan shall be
prepared by a licensed architect, engineer and/or land surveyor, as
appropriate.
(f)
The applicant shall provide any additional information which
may be deemed necessary to determine whether the signage plan complies
with the purpose of the sign regulations.
(3)
When installation or modification of a sign has been approved by
the Planning Board or Zoning Board of Adjustment as part of a development
application, the Construction Official shall issue a sign permit only
if the proposed sign is consistent with the reviewing board's approval.
(4)
Site plan approval.
(a)
Any application for a sign permit requires site plan approval
by the Planning Board or the Zoning Board of Adjustment unless the
requirement is waived by the Zoning Officer pursuant to the provisions
of this chapter. When an application for a sign permit is received
by the Zoning Officer for a development that consists solely of the
erection or modification of signs for an existing use, he shall:
[1]
In the case of a commercial use, refer the Master Signage Plan
within three days to the Sign and Facade Committee of the Downtown
Development Commission for review and recommendation.
[2]
If located in the Historic District, refer the Master Signage
Plan within three days to the Historic Preservation Commission, which
shall review and make recommendations before a permit is issued.
(b)
The Zoning Officer may waive the requirement for site plan approval
only if he finds that the proposed sign meet the requirements of this
section and, in the case of any sign for a commercial use, if the
Sign and Facade Committee of the Downtown Development Commission or
the Historic Preservation Commission finds that the signage plan meets
all requirements of the sign regulations. The Zoning Officer shall
refer the signage plan to the Sign and Facade Committee within three
days of receipt. The Zoning Officer and the Sign and Facade Committee
shall review the Master Signage Plan and make recommendations within
10 days. If a request for waiver of site plan is denied by the Zoning
Officer, the applicant may apply for waiver of site plan or for site
plan approval from the Board having jurisdiction. In any case, if
located in the Historic District, the Zoning Officer shall refer the
signage plan to the Historic District, the Zoning Officer shall refer
the signage plan to the Historic Preservation Commission, which shall
review within 10 days and make recommendations before a permit is
issued.
(5)
The Sign and Facade Committee of the Downtown Development Commission, in reviewing applications for a sign permit, pursuant to Subsection B(4)(a), shall advise the Zoning Officer whether the Master Signage Plan, including the plans for the individual signs, is based on an integrated design, including all the elements listed in Subsection B(2)(b)[1] through [8] above, and whether the above elements are designed to be in harmony and are consistent with each other, the architecture and materials of the principal structure and the landscaping plan. The Committee may recommend that a waiver will better promote the purposes of this section.
(6)
Whenever acting on a development application for commercial uses
where installation or modification by any sign is proposed, the Planning
Board or Zoning Board of Adjustment, as the case may be, shall refer
the application to the Sign and Facade Committee of the Downtown Development
Commission for review and recommendation prior to approving or denying
any application for preliminary approval. If located in the Historic
District, the application shall also be referred to the Historic Preservation
Commission for review and recommendation. Upon receipt of any development
application for commercial use which proposes the installation or
modification of any sign, the Secretary of the Board hearing the application
shall forward one complete copy of the application to the Sign and
Facade Committee and, when appropriate, to the Historic Preservation
Commission. The Sign and Facade Committee and, when appropriate, the
Historic Preservation Commission shall review the applicant's Master
Signage Plan and submit recommendations to the reviewing board within
15 days after receipt of a copy of the application.
C.
Measurement of sign area.
(1)
Measurement of area of individual signs. The area of a sign face
(which is also the sign area of a wall sign or other sign with only
one face) shall be computed by means of the smallest square, circle,
rectangle, triangle or combination thereof that will encompass the
extreme limits of the writing, graphic illustration, picture, symbol
or other display, together with any material or color forming an integral
part of the background of the sign and used to differentiate the sign
from the backdrop or structure against which it is placed, but not
including any supporting framework, bracing or decorative fence or
wall when such fence or wall otherwise meets zoning regulations and
is clearly incidental to the sign itself. No sign shall have more
than two display faces. The sign area for a sign with two faces shall
be computed by adding together the area of all sign faces visible
from any one point. When a sign having two faces is such that both
faces cannot be viewed from any point at the same time, the sign area
shall be computed by the measurement of the larger of the two faces.
For purposes of calculating window signs, a window shall be considered
the glazed area. Signs which are required by county, state or federal
agencies are exempt from calculation of permanent and temporary signage
up to the minimum size required by such agencies. The area of the
sign in excess of the minimum shall be subject to the sign calculation.
In the event that no size requirement is imposed by such agency, the
sign shall not exceed one square foot. Neon signs and internally illuminated
signs shall be subject to modified area computations specified elsewhere
in this chapter.
[Amended 4-12-2004 by Ord. No. 8-2004]
(2)
Measurement of height. The height of a freestanding sign shall be
computed as the distance from the base of the sign at normal grade
to the top of the highest attached component of the sign. Normal grade
shall be construed to be the lower of existing grade prior to construction
or the newly established grade after construction, exclusive of any
filling, berming, mounding or excavation solely for the purpose of
locating the sign. In cases in which the normal grade cannot reasonably
be determined, sign height shall be computed on the assumption that
the elevation of the normal grade at the base of the sign is equal
to the elevation of the nearest point of the crown of a public road
or the grade of the land at the principal entrance to the principal
structure on the lot, whichever is lower.
D.
General regulations.
(1)
Signs shall be in harmony and consistent with the architecture of
the building and relate to the features of the building in terms of
location, scale, color, lettering, materials, texture and depth. Signs
shall not be dominant but shall be proportionate and shall complement
the building, existing signs and surroundings.
(2)
There shall be consistent sign design throughout a particular project.
The design elements include style of lettering, construction material,
size and illumination.
(3)
Freestanding signs shall be integrated with the landscaping on site.
(4)
Building signs shall not obscure, conflict with or cover any architectural
element and must be aligned with major building elements such as windows,
trim and structure lines.
(5)
No sign shall extend or project above the highest elevation of the
wall to which it is attached or above the lowest part of the roofline
of the building, whichever is less.
(6)
No electric wiring associated with a sign shall be visible to public
view.
(7)
Illuminated signs.
(a)
Internally illuminated signs shall have characters, letters,
figures and designs which are illuminated by electric lights as part
of the sign proper with dark or translucent background.
[Amended 4-12-2004 by Ord. No. 8-2004]
(b)
Signs lit by external sources shall be allowed but shall be
located in such a manner so as to avoid any glare on adjacent property.
Sources of sign illumination shall be completely shielded from the
view of vehicular traffic using the road or roads abutting the lot
on which the sign is located.
(c)
External lights used for the illumination of any sign on a building,
whether or not such light fixtures are attached to or separate from
the building, shall not extend above the highest elevation of the
front wall of the building or more than 18 feet above the street level
of the premises, whichever is less.
(d)
The sign area measurement for neon building signs shall be calculated
as 2.0 times the actual measured area.
[Amended 4-12-2004 by Ord. No. 8-2004]
(8)
One flag per business premises displaying only a generic logo or
design shall be allowed. Such flag shall be no larger than three by
five feet, and it must be hung from the ground floor facade at least
10 feet above ground level, and it shall project no more than three
feet from the building facade.
E.
Prohibited signs.
(1)
No off-site advertising sign shall be erected, used or maintained
with the Borough of Madison; provided, however, that this regulation
shall not apply to temporary signs, otherwise permitted by this subsection,
that advertise special events sponsored by nonprofit social, religious,
political or cultural organizations or institutions, or lawful sandwich
boards.
(2)
No signs shall be placed on fences, utility poles, trees, railway
or road bridges, bridge supports or abutments, retaining walls, or
water towers unless approved by the Borough Council.
(3)
No roof sign, known also as a "sky sign," shall be allowed.
(4)
No sign shall be placed on an accessory building.
(5)
No sign shall be lighted by means of a flashing light, nor shall
any sign be in whole or in part moving, mobile, revolving, electrically
or mechanically activated, or give the illusion of movement.
[Amended 3-28-2011 by Ord. No. 5-2011]
(6)
No sign shall be allowed with optical illusion of movement by means
of a design which presents a pattern capable of reverse perspective,
giving the illusion of motion or changing of copy.
(7)
No commercial sign shall be allowed in a window which serves a residential
use.
(8)
No signs shall be allowed on any street furniture.
(9)
No televised advertising in a window shall be allowed.
(10)
The use and display of temporary portable signs or windsocks,
banners or strings or streamers of flags, pennants or spinners or
similar objects and devices across, upon, over or along any premises
or building, whether as part of any sign or for advertising or public
attraction, or otherwise, is prohibited in any zone, except for:
(11)
No signs shall be allowed that are placed on or affixed to vehicles
and/or trailers which are parked on a public right-of-way, public
property or private property so as to be visible from a public right-of-way
where the apparent purpose is to advertise a product, service or activity
or direct people to a business or activity located on the same or
nearby property. This is not intended, however, to prohibit signs
placed on or affixed to vehicles or trailers where the sign is incidental
to the primary use of the vehicle or trailer.
(12)
No sign shall be allowed which obstructs any window or door
opening used as a means of egress, interferes with an opening required
for legal ventilation, or is attached to or obstructs any standpipe,
fire escape or fire hydrant.
(13)
No sign shall be allowed which obstructs the view of vehicle
operators or pedestrians entering a public roadway from any parking
area, service drive, public driveway, alley or other thoroughfare.
(14)
No trademarks or brand names on any sign (including umbrella
signs) shall be allowed when the commodity is not available in the
establishment.
(15)
No sign element shall be interpreted as part of the architectural
element of the building, with the exception of a marquee of a functioning
theater.
(16)
No inflatable signs and tethered balloons shall be allowed,
except decorative small balloons.
(17)
No neon or gas-filled decorations which outline facade elements
or windows are allowed, with the exception of a marquee of a functioning
theater.
(19)
LED (light-emitting diode) signs are prohibited with the exception of those standards provided in § 195-33B(2)(k) that apply to gas stations; however, the use of LED technology as an indirect light source for signs is permitted, provided the LED source is not visible or used to comprise any part of the sign lettering, logo or external display face.
[Added 3-28-2011 by Ord. No. 5-2011; amended 4-22-2013 by Ord. No.
9-2013]
F.
Nonconforming signs.
(1)
No nonconforming sign may be enlarged or altered in a way which would
increase its nonconformity. Existing nonconforming permanent signs
may continue to exist; however, when the sign is modified either in
shape, size, illumination or structure, the sign shall be altered
to conform to the provisions of this section. Notwithstanding the
above, all sandwich boards must receive a permit.
(2)
Should any nonconforming sign be damaged by any means to an extent
of more than 50% of its replacement cost at time of damage, it shall
not be reconstructed except in conformity with the provisions of this
section.
G.
Removal of certain signs.
(1)
In the event a business ceases operation for a period of time in
excess of 60 days, the sign owner or lessee, or the property owner,
shall immediately remove any sign identifying or advertising said
business or any product sold thereby. Upon failure of the sign owner
or lessee, or property owner to comply with this section, the Zoning
Officer shall issue a written notice to the sign owner or any lessee
and to the property owner, which notice shall state that such sign
shall be removed with the following time period:
(2)
If the sign owner or lessee, or property owner, fails to comply with
such written notice to remove, the Zoning Officer is hereby authorized
to cause removal of such sign, and any expenses incidental to such
removal shall be charged to the owner of the property upon which the
sign is located and shall constitute a lien upon the property. For
the purpose of this section, the word "remove" shall mean:
H.
Sign permit revocable. All rights and privileges acquired under the
provisions of this chapter or any amendment thereto are revocable
at any time by the Office of Code Enforcement if the applicant fails
to accurately depict the sign erected or to be erected or if the sign
which is erected fails to meet the details or the detailed drawing
submitted by the applicant. All such permits shall contain this provision.
I.
The following signs and the standards and conditions that govern
such signs are set forth in the Sign Matrix at the end of this chapter.
All other signs are expressly prohibited.
A.
Minimum required off-street parking schedule for nonresidential uses.
The number of off-street parking spaces required for any nonresidential
use shall be determined by reference to Parking Schedule 1 below.
These standards do not apply to the PCD-O District.
(1)
Unscheduled uses. Off-street parking requirements for uses not listed
in Parking Schedule I shall be established by the Board, based upon
accepted industry standards.
(2)
Combined uses. In the case of a combination of uses, the off-street
parking requirement shall consist of the sum of the spaces required
for each individual use unless it can be demonstrated to the satisfaction
of the approving authority that staggered hours of parking usage would
permit modification of the total parking required due to shared parking
principles and that adequate restrictions on the nature of the uses
are imposed which would assure the continuance of reduced parking
demands.
[Amended 6-13-2005 by Ord. No. 22-2005]
(3)
Fractional spaces. Whenever the application of Parking Schedule I
standards results in the requirements of a major fraction of a space
in excess of 50%, a full space shall be required.
|
Parking Schedule I
Parking Requirements for Nonresidential Uses
| ||
|---|---|---|
|
Use
|
Required Parking Spaces
| |
|
Automotive showroom/sales lot
|
1 per 300 square feet of showroom and sales office space
| |
|
Bar, nightclub
|
1 per 3 occupants at capacity
| |
|
Bowling establishment
|
2 per lane
| |
|
Car wash
|
3 per washing lane
| |
|
Financial institution
|
1 for each 200 square feet of building area or 5 spaces per
teller, whichever is greater
| |
|
Funeral home, mortuary
|
10 for each viewing room (minimum 30 spaces)
| |
|
Garden center
|
1 per each 1,500 square feet of property area
| |
|
Gasoline service station or repair garage
|
3 for each bay, plus 1 for each service vehicle
| |
|
Golf course
|
4 per hole
| |
|
Home occupation
|
1 per employee
| |
|
Hotel
|
1 per room, plus 1 for each 1,000 square feet of conference
or similar space
| |
|
Indoor recreation, including roller rink, ice rink, recreation
center and sports club
|
4.5 for each 1,000 square feet of building area
| |
|
Laboratory, research use
|
1 for each 300 square feet of net building area
| |
|
Long-term care facility
|
.3 per bed, plus one per full-time staff, plus one for every
2 part-time staff on the maximum shift
| |
|
Office, dental or medical
|
4 for each doctor, plus 1 per 250 square feet of building area
| |
|
Office, other
|
4 per 1,000 square feet of building area
| |
|
Outdoor recreation:
| ||
|
Court games
|
4 per court 1 per 150 square feet of assemblage space
| |
|
Other
| ||
|
Places of worship, community buildings, social halls and places
of indoor public assembly
|
1 for each 3 seats. Where the specific amount of seating is
undetermined, then 1 parking space shall be required for each 75 square
feet of assemblage area.
| |
|
Restaurant (including sit-down and take-out), catering hall,
delica- tessen, sandwich shop, coffee shop and similar food service
establish- ments
[Amended 6-13- 2005 by Ord. No. 22-2005] |
1 for each 2.5 seats or 1 for each 180 square feet of gross
floor area, whichever is greater
| |
|
Retail uses not separately listed[1]
[Amended 6-13- 2005 by Ord. No. 22-2005] |
5 per 1,000 square feet of gross floor area
| |
|
Educational facility:
| ||
|
Elementary and intermediate school1 per employee
| ||
|
Secondary school
|
1 per employee, plus 1 per each 5 students in Grades 11 and
12
| |
|
Post-secondary and other educational facility
|
2 per each 3 full-time students and 1 for each 5 part-time students
| |
|
Theater
|
1 for each 3 seats
| |
|
NOTES:
|
|---|
|
1 (Reserved)[2]
|
|
2 When housing is included in mixed-use
development, a shared parking approach to the provision of parking
shall be permitted, provided adequate restrictions on the nature of
the uses are imposed which would assure the continuance of reduced
parking demands due to shared parking.
[Amended 6-13-2005 by Ord. No. 22-2005] |
|
3 When, in the judgment of the Board,
on-street parking is available, then only that proportion of the parking
requirement which is not available on the street shall be provided
in off-street parking facilities. A length of 23 feet per on-street
parking space shall be used in calculating the number of available
on-street parking spaces.
|
|
4 For projects containing dwelling
units required by the New Jersey Uniform Construction Code's Barrier
Free Subcode (N.J.A.C. 5:23-7) to be accessible, parking spaces for
people with disabilities shall be provided in accordance with the
requirements of the Barrier Free Subcode and shall be considered part
of the total number of required spaces.
|
B.
Minimum required off-street parking schedule for residential uses.
The number of off-street parking spaces required for residential uses
shall be determined pursuant to N.J.A.C. 5:21, as amended, and by
reference to Parking Schedule II below. Alternative parking standards
to those shown in the schedule below shall be accepted if the applicant
demonstrates that these standards better reflect local conditions.
Factors affecting the minimum number of parking spaces include household
characteristics, availability of mass transit, urban versus suburban
location and available off-site parking sources.
|
Parking Schedule IIa,c
Parking Requirements for Residential Land Uses
| ||
|---|---|---|
|
Housing Unit Type/Sizeb
|
Parking Requirement
| |
|
Single-family detached
| ||
|
2-bedroom
|
1.5
| |
|
3-Bedroom
|
2.0
| |
|
4-Bedroom
|
2.5c
| |
|
5-Bedroom
|
3.0
| |
|
Garden apartmentb
| ||
|
1-bedroom
|
1.8
| |
|
2-bedroom
|
2.0c
| |
|
3-bedroom
|
2.1
| |
|
Townhouseb
| ||
|
1-bedroom
|
1.8
| |
|
2-bedroom
|
2.3c
| |
|
3-bedroom
|
2.4
| |
|
Retirement community
|
Values shall be commensurate with the most appropriate housing
type and size noted above that the retirement community resembles
| |
|
Assisted-living
|
.5d
| |
|
Notes:
| |
|---|---|
|
a
|
As amended from time to time.
|
|
b
|
Requirements for attached units (apartment/condominium/townhouse)
include provisions for guest parking.
|
|
c
|
A one-car garage and driveway combination shall count as two
off-street parking spaces, provided the driveway measures a minimum
of 18 feet in length between the face of the garage door and the right-of-way.
A two-car garage and driveway combination shall count as 3.5 off-street
parking spaces, provided a minimum parking area width of 20 feet is
provided for a minimum length of 18 feet as specified for a one-car
garage and driveway combination.
[Amended 6-13-2005 by Ord. No. 22-2005] |
|
d
|
The Board may grant waivers and exceptions where appropriate.
|
C.
Commercial vehicles in residential zones. In a residential zone,
only one commercial vehicle of a rated capacity of one ton or less
may be kept on the premises.
D.
Parking of recreational equipment.
(1)
Parking of recreational equipment. No mobile dwelling, trailer or
any other recreational equipment shall be stored or parked on any
premises in any residential zone district within the limits of the
Borough, except as hereinafter provided:
(a)
Recreational equipment may be stored or parked within a closed
building or garage on the premises.
(b)
Recreational equipment may be stored or parked outdoors on any
premises upon the following terms and conditions:
[1]
Not more than one piece of recreational equipment shall be stored
or parked on any premises in any residential zone district within
the limits of the Borough, except as hereinafter provided. For purposes
of this chapter, premises shall include adjoining lots in common ownership,
unless said adjoining lots otherwise conform to this chapter and other
provisions hereof.
[2]
No recreational equipment shall be stored or parked within any
residential district other than that lot upon which the principal
residence structure of the actual owner of the recreational equipment
is located.
[3]
No recreational equipment shall be stored or parked at any time
when said premises are not being occupied, except for vacation absences.
[4]
No recreational equipment shall be stored or parked in any district
as an accessory building or use, except as herein provided.
[5]
No recreational equipment shall exceed the following bulk requirements:
[a]
A maximum height of 12 feet as parked, including
trailer, cradle or mount, but excluding mast in the case of a boat.
[b]
A maximum body length of 30 feet, excluding trailer
hitch, tongue and bumper.
[c]
A maximum of eight feet in body width, excluding
hardware.
[d]
A maximum gross weight of 12,000 pounds, including
trailer and mount.
(c)
No recreational equipment shall be stored or parked within any
front yard or side yard required under this chapter. These requirements
shall apply to both frontages on a corner lot. In addition, all recreational
equipment shall be stored or parked to the rear of the rear building
line of the principal building.
(d)
All recreational equipment must be kept clean and in good repair
at all times and shall carry a current year's license or registration
as required by law.
(e)
The owner of the recreational equipment shall have and display
upon request to any authorized officials of the Borough satisfactory
proof of ownership of such recreational equipment.
(f)
All recreational equipment shall be maintained in mobile condition.
(g)
No recreational equipment shall be used for sleeping or dwelling
purposes while on said premises, and recreational equipment shall
not be commercially stored or offered or displayed for sale. Further,
such recreational equipment shall not be connected with any electric,
water, gas or sanitary sewer facilities.
(h)
No construction or repair of any such recreational equipment
shall be carried on outdoors in any residential district. For purposes
of this chapter, construction or repair shall not include essential
maintenance.
(i)
No recreational equipment shall be stored, parked or maintained
so as to create a dangerous or unsafe condition on the premises where
parked.
(j)
Loading and unloading of recreational equipment at any location
on the premises is permitted, provided that said vehicle is not stored
or parked for a period longer than 48 hours in any seven consecutive
days.
(2)
All recreational equipment shall be effectively screened with attractive
plantings, shrubs and trees or fencing so as not to be readily visible
from the street or from any adjoining or nearby properties.
[Added 11-8-2021 by Ord. No. 42-2021]
A.
Purpose. The purpose of this section is to promote and encourage
the use of electric vehicles by requiring the safe and efficient installation
of EVSE and Make-Ready parking spaces through municipal parking regulations
and other standards. EVSE and Make-Ready parking spaces will support
the state's and Borough's transition to an electric transportation
sector, reducing automobile air pollution, greenhouse gas emissions,
and stormwater runoff contaminants. The goals are to:
(1)
Provide adequate and convenient EVSE and Make-Ready parking
spaces to serve the needs of the traveling public.
(2)
Provide opportunities for residents to have safe and efficient
personal EVSE located at or near their place of residence.
(3)
Provide the opportunity for nonresidential uses to supply EVSE
to their customers and employees.
(4)
Create standard criteria to encourage and promote safe, efficient,
and cost-effective electric vehicle charging opportunities in all
zones and settings for convenience of service to those that use electric
vehicles.
B.
CERTIFICATE OF OCCUPANCY
CHARGING LEVEL
(1)
(2)
(3)
ELECTRIC VEHICLE
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or (EVSE)
MAKE-READY PARKING SPACE
PRIVATE EVSE
PUBLICLY ACCESSIBLE EVSE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The certificate provided for in N.J.A.C. 5:23-2, indicating
that the construction authorized by the construction permit has been
completed in accordance with the construction permit, the act and
the regulations. See State Uniform Construction Code Act, P.L. 1975,
c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant
thereto.
The amount of voltage provided to charge an electric vehicle
varies depending on the type of EVSE as follows:
Level One operates on a fifteen- to twenty-amp breaker on a
120-volt AC circuit.
Level Two operates on a forty- to 100-amp breaker on a 208-
or 240-volt AC circuit.
Direct-current fast charger (DCFC) operates on a sixty-amp or
higher breaker on a 480-volt or higher three-phase circuit with special
grounding equipment. DCFC stations can also be referred to as rapid
charging stations that are typically characterized by industrial grade
electrical outlets that allow for faster recharging of electric vehicles.
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets; and operates either
partially or exclusively using an electric motor powered by an externally
charged on-board battery.
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power outlets, power electronics,
transformer, switchgear, switches and controls, network interfaces,
point of sale equipment, and associated apparatus designed and used
for the purpose of transferring energy from the electric supply system
to a plug-in electric vehicle. EVSE may deliver either alternating
current or, consistent with fast-charging equipment standards, direct-current
electricity. "EVSE" is synonymous with "electric vehicle charging
station."
The pre-wiring of electrical infrastructure at a parking
space, or set of parking spaces, to facilitate easy and cost-efficient
future installation of electric vehicle supply equipment or electric
vehicle service equipment, including, but not limited to, Level Two
EVSE and direct-current fast chargers. Make-Ready includes expenses
related to service panels, junction boxes, conduit, wiring, and other
components necessary to make a particular location able to accommodate
electric vehicle supply equipment or electric vehicle service equipment
on a "plug and play" basis. "Make-Ready" is synonymous with the term
"charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et
seq.).
EVSE that has restricted access to specific users (e.g.,
single- and two-family homes, executive parking fleet parking with
no access to the general public).
EVSE that is publicly available (e.g., park and ride, public
parking lots and garages, on-street parking, shopping center parking,
nonreserved parking in multifamily parking lots, etc.).
C.
Approvals and permits.
(1)
An application for development submitted solely for the installation
of EVSE or Make-Ready parking spaces shall be considered a permitted
accessory use and permitted accessory structure in all zoning or use
districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
(3)
All EVSE and Make-Ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
(4)
The administrative officer shall enforce all signage and installation
requirements described in this section. Failure to meet the requirements
in this section shall be subject to the same enforcement and penalty
provisions as other violations of the Borough of Madison's land use
regulations.
(5)
An application for development for the installation of EVSE
or Make-Ready spaces at an existing gasoline service station, an existing
retail establishment, or any other existing building shall not be
subject to site plan or other land use board review, shall not require
variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other
law, rule, or regulation, and shall be approved through the issuance
of a zoning permit by the administrative officer, provided the application
meets the following requirements:
(a)
The proposed installation does not violate bulk requirements
applicable to the property or the conditions of the original final
approval of the site plan or subsequent approvals for the existing
gasoline service station, retail establishment, or other existing
building;
(b)
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met; and
(c)
The proposed installation complies with the construction codes
adopted in or promulgated pursuant to the State Uniform Construction
Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety
standards concerning the installation, and any state rule or regulation
concerning electric vehicle charging stations.
(6)
An application pursuant to Subsection C(5) above shall be deemed complete if:
(a)
The application, including the permit fee and all necessary
documentation, is determined to be complete;
(b)
A notice of incompleteness is not provided within 20 days after
the filing of the application; or
(c)
A one-time written correction notice is not issued by the administrative
officer within 20 days after filing of the application detailing all
deficiencies in the application and identifying any additional information
explicitly necessary to complete a review of the permit application.
(7)
EVSE and Make-Ready parking spaces installed at a gasoline service
station, an existing retail establishment, or any other existing building
shall be subject to applicable local and/or Department of Community
Affairs inspection requirements.
(8)
A permitting application solely for the installation of electric
vehicle supply equipment permitted as an accessory use shall not be
subject to review based on parking requirements.
D.
Requirements for new installation of EVSE and Make-Ready parking
spaces.
(1)
As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, the developer or owner, as applicable,
shall:
(a)
Prepare as Make-Ready parking spaces at least 15% of the required
off-street parking spaces, and install EVSE in at least 1/3 of the
15% of Make-Ready parking spaces;
(b)
Within three years following the date of the issuance of the
certificate of occupancy, install EVSE in an additional 1/3 of the
original 15% of Make-Ready parking spaces; and
(c)
Within six years following the date of the issuance of the certificate
of occupancy, install EVSE in the final 1/3 of the original 15% of
Make-Ready parking spaces.
(d)
Throughout the installation of EVSE in the Make-Ready parking
spaces, at least 5% of the electric vehicle supply equipment shall
be accessible for people with disabilities.
(e)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or Make-Ready
parking spaces at a faster or more expansive rate than as required
above.
(2)
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection D(1) above shall:
(a)
Install at least one Make-Ready parking space if there will
be 50 or fewer off-street parking spaces.
(b)
Install at least two Make-Ready parking spaces if there will
be 51 to 75 off-street parking spaces.
(c)
Install at least three Make-Ready parking spaces if there will
be 76 to 100 off-street parking spaces.
(d)
Install at least four Make-Ready parking spaces, at least one
of which shall be accessible for people with disabilities, if there
will be 101 to 150 off-street parking spaces.
(e)
Install at least 4% of the total parking spaces as Make-Ready
parking spaces, at least 5% of which shall be accessible for people
with disabilities, if there will be more than 150 off-street parking
spaces.
(f)
In lieu of installing Make-Ready parking spaces, a parking lot
or garage may install EVSE to satisfy the requirements of this subsection.
(g)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or Make-Ready
parking spaces at a faster or more expansive rate than as required
above.
(h)
Notwithstanding the provisions above, a retailer that provides
25 or fewer off-street parking spaces or the developer or owner of
a single-family home shall not be required to provide or install any
electric vehicle supply equipment or Make-Ready parking spaces.
E.
Minimum parking requirements.
(1)
All parking spaces with EVSE and Make-Ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to § 195-35, Off-street parking.
(2)
A parking space prepared with EVSE or Make-Ready equipment shall
count as two parking spaces for the purpose of complying with a minimum
parking space requirement. This shall result in a reduction of no
more than 10% of the total required parking.
(3)
Parking space calculations for EVSE and Make-Ready equipment
shall be rounded up to the next full parking space.
F.
Reasonable standards for all new EVSE and Make-Ready parking spaces.
(1)
Location and layout of EVSE and Make-Ready parking spaces is
expected to vary based on the design and use of the primary parking
area. It is expected flexibility will be required to provide the most
convenient and functional service to users. Standards and criteria
should be considered guidelines, and flexibility should be allowed
when alternatives can better achieve objectives for provision of this
service.
(2)
Installation:
(a)
EVSE and Make-Ready parking spaces shall be installed with EVSE
that allows Level Two or DCFC charging levels, which may be determined
at the owner's discretion.
(b)
Installation of EVSE and Make-Ready parking spaces shall meet
the electrical subcode of the Uniform Construction Code, N.J.A.C.
5:23-3.16.
(c)
Each EVSE or Make-Ready parking space that is not accessible
for people with disabilities shall be not less than nine feet wide
or 18 feet in length. Exceptions may be made for existing parking
spaces or parking spaces that were part of an application that received
prior site plan approval.
(d)
To the extent practical, the location of accessible parking
spaces for people with disabilities with EVSE and Make-Ready equipment
shall comply with the general accessibility requirements of the Uniform
Construction Code, N.J.A.C. 5:23, and other applicable accessibility
standards.
(e)
Each EVSE or Make-Ready parking space that is accessible for
people with disabilities shall comply with the sizing of accessible
parking space requirements in the Uniform Construction Code, N.J.A.C.
5:23, and other applicable accessibility standards.
(3)
EVSE parking:
(a)
Publicly accessible EVSE shall be reserved for parking and charging
electric vehicles only. Electric vehicles shall be connected to the
EVSE. The use of time limits is optional and shall be determined by
the owner.
(b)
Electric vehicles may be parked in any parking space designated
for parking, subject to the restrictions that would apply to any other
vehicle that would park in that space.
(c)
Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's Police Department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in an EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code or § 185-16. Signage indicating the penalties for violations shall comply with Subsection F(5) below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
[Amended 7-25-2022 by Ord. No. 27-2022]
(d)
Private parking. The use of EVSE shall be monitored by the property
owner or designee.
(4)
Safety.
(a)
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement, curb markings, and/or a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection F(5) below.
(b)
Where EVSE is installed, adequate site lighting and landscaping
shall be provided in accordance with the Borough of Madison's ordinances
and regulations.
(c)
Adequate EVSE protection such as concrete-filled steel bollards
shall be used for publicly accessible EVSE. Nonmountable curbing may
be used in lieu of bollards if the EVSE is set back a minimum of 24
inches from the face of the curb. Any stand-alone EVSE bollards should
be three to four feet high with concrete footings placed to protect
the EVSE from accidental impact and to prevent damage from equipment
used for snow removal.
(d)
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in Subsection F(4)(e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(e)
Each EVSE shall incorporate a cord management system or method
to minimize the potential for cable entanglement, user injury, or
connector damage. Cords shall be retractable or have a place to hang
the connector and cord a safe and sufficient distance above the ground
or pavement surface. Any cords connecting the charger to a vehicle
shall be configured so that they do not cross a driveway, sidewalk,
or passenger unloading area.
(f)
Where EVSE is provided within a pedestrian circulation area,
such as a sidewalk or other accessible route to a building entrance,
the EVSE shall be located so as not to interfere with accessibility
requirements of the Uniform Construction Code, N.J.A.C. 5:23, and
other applicable accessibility standards.
(g)
Publicly accessible EVSEs shall be maintained in all respects,
including the functioning of the equipment. A twenty-four-hour on-call
contact shall be provided on the equipment for reporting problems
with the equipment or access to it. To allow for maintenance and notification,
the Borough of Madison shall require the owners/designee of publicly
accessible EVSE to provide information on the EVSE's geographic location,
date of installation, equipment type and model, and owner contact
information.
(5)
Signs.
(a)
Publicly accessible EVSE shall have posted regulatory signs,
as identified in this section, allowing only charging electric vehicles
to park in such spaces. For purposes of this section, "charging" means
that an electric vehicle is parked at an EVSE and is connected to
the EVSE. If time limits or vehicle removal provisions are to be enforced,
regulatory signs including parking restrictions shall be installed
immediately adjacent to, and visible from, the EVSE. For private EVSEs,
installation of signs and sign text is at the discretion of the owner.
(b)
All regulatory signs shall comply with visibility, legibility,
size, shape, color, and reflectivity requirements contained within
the Federal Manual on Uniform Traffic Control Devices as published
by the Federal Highway Administration.
(c)
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection F(5)(b) above.
(d)
In addition to the signage described above, the following information
shall be available on the EVSE or posted at or adjacent to all publicly
accessible EVSE parking spaces:
[1]
Hours of operation and/or time limits if time limits
or tow-away provisions are to be enforced by the municipality or owner/designee;
[2]
Usage fees and parking fees, if applicable; and
[3]
Contact information (telephone number) for reporting
when the equipment is not operating or other problems.
(6)
Usage fees.
(a)
Private EVSE: Nothing in this section shall be deemed to preclude
a private owner/designee of an EVSE from collecting a fee for the
use of the EVSE, in accordance with applicable state and federal regulations.
Fees shall be available on the EVSE or posted at or adjacent to the
EVSE parking space.
A.
Continuance of existing nonconforming uses and structures. Any nonconforming
use or structure which lawfully existed at the time of the passage
of this article may be continued, and any existing legally nonconforming
building or structure may be reconstructed or structurally altered,
but only in accordance with the requirements of this article.
B.
Discontinuance of abandoned nonconforming uses. Any nonconfirming
use which has not been used for a continuous period of one year or
more shall not thereafter be revived.
C.
Alteration, extension or enlargement of nonconforming use or structure.
(1)
A nonconforming use of any building, structure or land shall not
be increased, enlarged, extended or changed in any manner whatsoever.
(2)
No building in which a nonconforming use exists shall be enlarged,
extended or structurally altered in any manner; provided, however,
that:
(a)
Nothing herein shall prevent the repair and maintenance of any
building wherein there exists a nonconforming use, provided that such
maintenance and repair does not in any way constitute or result in
a further extension of a nonconforming use.
(b)
Minor alterations and improvements which do not constitute or
require structural changes may be made in or to a building wherein
a nonconforming use exists, provided that such nonconforming use will
not be increased, extended or enlarged thereby.
(c)
Nothing herein shall prevent the strengthening or restoration
to a safe and lawful condition of any part of any building which is
nonconforming.
(3)
Structural alterations, internal rearrangements and renovations may
be made in a building or structure which is nonconforming because
it fails to comply with height, area, yard, off-street parking or
other like requirements of this article, other than use, so long as
the structural alteration or increase, internal rearrangement or renovation
does not extend or enlarge the nonconformance of said building or
structure.
(4)
A nonconforming use changed or altered to a conforming use may not
thereafter be changed back to a nonconforming use.
D.
Restoration of existing building or structures nonconforming because
of use. Whenever a building or structure is nonconforming by reason
of its use, such building or structure may be restored or repaired
in the event of partial destruction thereof.
E.
Restoration of existing buildings or structures nonconforming for
reasons other than use. Whenever a building is nonconforming because
it fails to comply with any height, area, yard, off-street parking
or requirements of this article, other than use, and such building
is partially destroyed, such building may be restored to its prior
condition; provided, however, that such restoration shall not enlarge
the previously existing nonconformance.
F.
Nonconforming improved lot. When an improved lot in a residential
zone exists as a separate isolated lot under separate ownership and
does not adjoin any vacant land or vacant lot of the same owner, and
said improved lot is nonconforming due to size, shape, area or setback,
any existing residential building or structure on the lot may be further
improved, provided that:
(1)
The number of dwelling units shall not be increased even if such
increased number of dwelling units are allowed in the zone, unless
approved by the Board of Adjustment.
(2)
Any existing nonconforming setbacks from streets, side lot lines
or rear lot lines shall not be made more nonconforming, including
any vertical additions of any type.
(3)
Any existing and proposed improvement on the nonconforming improved
lot shall not exceed the percentage of maximum impervious coverage
set forth in Schedule I.[1]
[1]
Editor's Note: Schedule I is included at the end of this chapter.
(4)
The Construction official of the Borough of Madison is hereby authorized
and empowered to issue any necessary construction permits in accordance
with the provisions of this subsection.
G.
Nonconforming unimproved lot. Notwithstanding any other provisions
of this article, any existing nonconforming lot in the R-1, R-2, R-3
and R-4 Zones not adjoining any vacant land and which is nonconforming
due to shape or area, may be improved with a new building or structure
in accordance with the use requirements of this article, provided
that the minimum setbacks shall be as required in Schedule I,[2] except required side street setbacks on corner lots may
be reduced one foot for each three feet the lot is under the minimum
width required in the zone district, but shall not be reduced below
1/2 the minimum required setback.
[2]
Editor's Note: Schedule I is included at the end of this chapter.
H.
Any nonconforming structure located in the CC Zone can be further
developed, provided that the degree of nonconformity is not further
increased.
[Added 3-9-2020 by Ord. No. 6-2020; amended 4-27-2020 by Ord. No. 9-2020]
A.
The purpose of this section is to:
(1)
Amend and supplement the Land Development Code of the Borough
of Madison to regulate solar photovoltaic energy facilities and structures
and balance the objective of providing reasonable opportunities for
on-site solar or photovoltaic electric generation for on-site electricity
consumption with protection of the natural and built environment.
(2)
Promote the conservation of energy through the use of planning
policies and practices designed to reduce energy consumption and to
provide for utilization of renewable energy sources accessory to and
directly supportive of a use permitted by the Madison Land Development
Ordinance.
B.
BUILDING-INTEGRATED SOLAR ENERGY SYSTEMS
COMMUNITY SOLAR SYSTEM
GROUND-MOUNTED SOLAR ENERGY SYSTEM
PUBLIC VIEW
ROOF-MOUNTED SOLAR ENERGY SYSTEM
SOLAR COLLECTOR
SOLAR COLLECTOR SURFACE
SOLAR MOUNTING DEVICE
SOLAR PHOTOVOLTAIC ENERGY SYSTEM, ACCESSORY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A solar energy system that is an integral part of a principal
or accessory building, rather than a separate mechanical device, replacing
or substituting for an architectural or structural component of the
building. Building-integrated systems shall include photovoltaic or
hot water solar energy systems that are contained within roofing materials,
windows, and skylights that do not visually differ from conventional
building materials.
Local solar facilities shared by multiple community subscribers
who receive credit on their electricity bills for their share of the
power produced.
Systems which are not mounted on existing structures. This
does not include parking canopy systems.
The view by the public of a building from any point on a
street or walkway which is used as a public thoroughfare, either vehicular
or pedestrian.
A solar energy system consisting of solar collectors that
are installed directly on the roof of a home, commercial building,
and/or a permitted accessory structure, such as a garage, pergola,
and/or shed.
A device, structure or a part of a device or structure for
which the primary purpose is to transform solar radiant energy into
thermal, mechanical or electrical energy.
Any part of a solar collector that absorbs solar energy for
use in the collector's energy transformation process. Collector surface
does not include frames, supports and mounting hardware.
Racking, frames or other devices that allow the mounting
of a solar collector onto a roof surface or the ground.
A system of solar photovoltaic modules, panels or arrays
for the collection, storage, and distribution of solar energy for
space heating or cooling, for water heating (including heat exchange
systems with exterior panels), or for electricity, that:
C.
Applicability. This section applies to solar energy systems to be
installed and constructed after the effective date of the section.
Solar energy systems constructed prior to the effective date of this
section shall not be required to meet the requirement of this section,
provided, however, that any upgrades, modifications, or changes that
alter the size or placement of existing solar energy systems shall
comply with the provisions of this section. Community solar systems
operated by the Borough of Madison or a third party contracted by
the Borough of Madison are not subject to this section.
D.
Permitted accessory use. Solar energy systems shall be allowed as
an accessory use, subject to the requirements set forth within this
section.
E.
General regulations.
(1)
In order to maintain a desirable visual environment throughout
Madison by preserving and promoting the small town and historical
characteristics of the Borough, it is the intention of this section
that the installation of solar photovoltaic energy systems be installed
in as inconspicuous and unobtrusive a manner as reasonably possible.
(2)
The design of solar systems shall conform to all applicable
local, state and national solar codes and standards. A building permit
review by department staff shall be obtained, and all design and installation
work shall comply with all applicable provisions in the National Electric
Code (NEC), the International Residential Code (IRC), International
Commercial Building Code, State Fire Code, and any additional requirements
set forth by the local utility for grid-connected systems.
(3)
Electrical wiring connecting solar panel arrays, system transformers,
inverters, and utility service shall be installed as flush as possible
on structures upon which panels are mounted or installed underground.
(4)
All connections from solar systems to the grid shall be underground
where existing electric service is underground.
(5)
Panels shall be darkish blue, grey or other neutral color and
may not include any integrated graphics.
(6)
A power disconnect and system shut-down device accessible to
emergency services personnel shall be installed and marked conspicuously
with a sign, which shall identify an emergency contact person and
an emergency contact telephone number. The property owner shall make
the property available to local emergency first responders for annual
training on power disconnect and system shut-down procedures that
may be required in the case of an emergency. System diagrams shall
be provided to local emergency first responders upon installation
and updated when alterations to the system are completed.
(7)
Installations proposed within the Bottle Hill Historic District
and Civic Commercial Historic District shall be subject to the following
provisions:
(a)
Solar panels shall not alter an historic site's character defining
features.
(b)
All modifications to an historic site must be entirely reversible,
allowing alterations to be removed or undone to reveal the original
appearance of the site.
(c)
Exposed solar energy equipment must be consistent with the color
scheme of the underlying structure.
(d)
Solar installations in these historic districts shall be subject
to review by the Historic Preservation Commission.
(8)
All solar photovoltaic equipment, except for roof-mounted solar
photovoltaic panels as permitted herein, shall be effectively screened
from public rights-of-way, with indigenous deer-resistant evergreen
plantings, and, to the greatest extent feasible, shall blend with
the immediately surrounding area.
(9)
Building integrated solar energy systems may be visible from
the public view and are subject only to the screening and setback
requirements for supporting equipment.
(10)
Solar collectors shall be oriented and/or screened so that any
glare is directed away from any adjoining properties and streets.
(11)
All supporting equipment shall not be located any closer than
20 feet to any other building or structure, except as permitted herein.
(12)
Solar energy systems shall not be used for displaying any advertising
except for reasonable identification of the manufacturer or operator
of the system. No such signs shall exceed one square foot in area.
In no case shall any identification be visible from the property line.
(13)
No solar energy system shall be lit. Parking lots under solar
canopy systems may be lighted in accordance with Borough lighting
regulations.
F.
Roof-mounted solar photovoltaic energy systems. Installation or construction
of roof-mounted solar photovoltaic energy systems shall be subject
to the following requirements:
(1)
A roof-mounted solar photovoltaic energy system may not be placed
on any lot which does not contain a permitted principal structure.
A roof-mounted system may be installed upon permitted principal and
accessory buildings.
(2)
A roof-mounted solar photovoltaic energy system shall serve
only the lot where it is located. All supporting ancillary equipment
not attached to the structure housing solar arrays shall be located
in the rear yard unless evidence is provided from a solar entity that
such equipment cannot be feasibly located in the rear yard location
(conforming to rear yard setback as noted herein). The applicant may
then place supporting equipment in alternative areas, as follows:
(3)
Roof-mounted solar photovoltaic energy system panels shall not
extend above the existing height of the roof: more than 12 inches
on structures with pitched roofs with 3% slope or greater; or from
24 inches to a maximum of 48 inches on structures with flat roofs
(Flat roof shall be defined as a roof pitch less than 3% slope.),
provided that a minimum four-foot perimeter setback is provided. Roof-mounted
solar energy systems shall not exceed the maximum permitted height
in the zone district for the structure or building on which they are
mounted. For roof-mounted solar energy systems installed on a sloped
roof, the system must be installed at the same angle as the roof on
which it is installed with a maximum distance, measured perpendicular
to the roof, of 12 inches between the roof and highest edge or surface
of the system. In no instance shall it extend above the ridge of a
peaked roof.
(4)
Panels shall not overhang or otherwise extend beyond any rooftop
structure.
(5)
Exterior piping associated with the roof-mounted solar energy
system shall be allowed to extend beyond the perimeter of the building
on any facade of an accessory structure. Where exterior cables or
piping are visible from any public right-of-way, they shall be treated
architecturally to blend in with the building color and materials.
(6)
No system shall cover more than 80% of the entire roof area.
(7)
No system shall be mounted to a fence.
(8)
Where parapets are in place and rooftop orientation allows,
solar collectors mounted on flat roofs shall be mounted behind a building
parapet, below the line of sight from the nearest edge of the right-of-way(s)
adjacent to front and street side yards. (See below illustration.)
 |
G.
Parking lot roof canopy-mounted solar photovoltaic energy systems.
Installation or construction of roof canopy-mounted solar photovoltaic
energy systems shall be subject to the following requirements:
(1)
Site plan approval is required
(2)
An applicant for a parking lot roof canopy-mounted solar photovoltaic
energy system shall obtain all permits required by the Uniform Construction
Code.
(3)
Parking lot roof canopy-mounted solar photovoltaic energy systems
shall be constructed above parking spaces and shall not be located
in a front yard or any area between the front façade of a principal
building and the street.
(4)
A minimum ten-foot wide buffer, consisting of plantings, fencing,
berming or some combination thereof, shall be required adjacent to
any residential property line to serve as a year-round buffer.
(5)
The maximum permitted height of the system shall be 22 feet,
as measured from the grade plane to the highest point of the mounting
equipment, structure and/or panels, whichever is greatest.
(6)
The parking lot roof canopy-mounted solar photovoltaic energy
system shall serve only the lot upon which it is located and may not
serve any other lot either in common ownership or otherwise. All supporting
equipment, such as transformers, inverters, power line interconnections,
etc. shall be installed only in the rear or side yard area of any
lot.
(7)
The proposed location for all supporting equipment shall conform
to the rear yard and side yard setback requirements for an accessory
building or the requirements for parking setback in the zone (whichever
is greater) in which the property is located (and in no case shall
be located in the front yard).
H.
Ground-mounted solar photovoltaic energy systems. Where permitted,
a ground-mounted solar photovoltaic energy system may be installed
subject to the following requirements:
(1)
Accessory to principal permitted use.
(2)
A ground-mounted solar photovoltaic energy system shall not
be constructed on any lot which does not contain a permitted principal
structure.
(3)
A ground-mounted solar photovoltaic energy system shall serve
only the permitted principal structure and permitted accessory buildings
located on the tax lot upon which the energy system is located.
(4)
Ground-mounted solar photovoltaic energy systems shall require
site plan approval.
(5)
Ground-mounted systems shall be designed to minimize impacts
on critical habitat areas, especially habitats of threatened and endangered
species.
(6)
Issuance of a construction permit. An applicant for a ground-mounted
solar or photovoltaic energy system permit shall obtain all permits
required by the Uniform Construction Code (UCC).
(7)
Access. No new driveway access shall be created. Access shall
be provided utilizing existing driveways. Any interior access road
required between and among ground-mounted solar photovoltaic energy
system arrays and components shall be designed as grassed roadways
to minimize the extent of soil disturbance, water runoff and soil
compaction.
(8)
Maximum height. The maximum height of solar panel arrays from
existing ground level shall not exceed eight feet. System components
shall not exceed the maximum permitted height for an accessory structure
in the zone in which located.
(9)
Ground-mounted systems shall not be counted in the calculation
of maximum impervious coverage unless the area under the panels, excluding
any footings, consists of an impervious material.
(10)
Ground-mounted systems shall not exceed 5% of the total land
area of the tract on which it is located. The area of the system shall
be measured by the aggregate of all land on which the system is located,
excluding transmission lines and subsurface elements.
(11)
Yard placement and visual buffering. All components of a ground-mounted
solar photovoltaic energy system (solar panel arrays, supporting equipment
including transformers, inverters, electric utility line connections,
etc.) shall be installed only in yards not facing public rights-of-way
and shall not be located closer to the side property line than the
existing side yard/perimeter setback (whichever is greater) of the
principal building upon the lot, subject to the following visual compatibility,
placement and design standards.
(a)
The ground-mounted system and its components shall be shielded
by a minimum ten-foot-wide landscaped buffer of plantings and/or plantings
and berming around the perimeter of the facility. The buffer shall
screen the system from view from adjoining residences, preserved open
space, the public traveled way, including public rights-of-way, roads
and publicly accessible trails.
(b)
Perimeter landscaped screen buffer. Landscaped screen buffer
plantings shall be indigenous evergreen species for year-round screening,
which shall grow to sufficient height within five years to completely
screen the system from off-site view. The landscaped screen buffer
plantings shall be continually maintained to provide a permanent visual
screen of the facility.
(c)
Where existing features may effectively serve to shield portions
of the installation and its components from view, such features may
be substituted for portions of the required perimeter landscaped buffer.
Such features include, but are not limited to:
[1]
Existing hedgerows or forested areas, which may
be supplemented with additional plantings to achieve year-round effective
visual screening of the installation and its components;
[2]
Existing buildings, such as barns, garages, greenhouses,
outbuildings, etc;
[3]
Existing topographic features or structures, such
as changes in elevation, ridgelines, retaining walls and similar features.
(d)
Where any of the above features may be substituted for the required
perimeter landscaped buffer, such features shall be maintained for
as long as the ground-mounted solar or photovoltaic energy system
remains on site. Where such features may be removed over time by will
or act of God, the required perimeter landscaped buffer shall be provided
within two months of the removal of such features.
(12)
Solar panel array ground mounting. To minimize land disturbance
and facilitate future site rehabilitation, solar panel arrays shall
be mounted to the ground through the use of earth screws, auger driven
piers or a similar system that does not require the use of bituminous
or concrete material.
(13)
Grading. The ground-mounted system and its components should
be designed to follow the natural topography to the greatest extent
possible to minimize the disturbance of soils.
(14)
Soil erosion control, soil stabilization. All ground areas occupied
by the ground-mounted solar photovoltaic energy system shall be planted
and maintained with shade tolerant grasses for the purpose of soil
stabilization. A seed mixture of native, noninvasive shade tolerant
grasses shall be utilized to promote biodiversity and natural habitat.
I.
Review process.
(1)
No installation of solar energy systems shall be permitted without
a zoning permit.
(2)
For site plans, the Zoning Officer shall issue a denial of zoning
permit and shall refer the application to the Planning Board for review.
(3)
In the event that an application is made pursuant to the terms
of this article for premises that are located in the Bottle Hill or
Civic Commercial Historic District, approval must be obtained from
the Madison Historic Preservation Commission (HPC). Applicants shall
submit plans to the Zoning Officer for review, and, if appropriate,
a zoning permit may be issued, conditioned upon HPC review and approval.
J.
Decommissioning, removal, restoration. All ground mount or parking
lot canopy solar photovoltaic energy systems shall be maintained in
continuous operation. A decommissioning plan shall accompany all applications
for ground-mounted or parking-canopy systems.
(1)
Solar photovoltaic energy facilities and structures (roof or
ground) which have not been in active and continuous service for a
period of 18 months shall be decommissioned and removed from the property
to a place of safe and legal disposal.
(2)
Upon cessation of activity and as part of decommissioning any
ground mount or parking lot canopy system, the applicant shall submit
a performance bond in a form and manner satisfactory to the Borough
Engineer to ensure availability of adequate funds to restore the site
to a useful condition. The applicant shall further:
(a)
Deactivate, disconnect and remove all structures, unless otherwise
noted herein.
(b)
Restore the surface grade and soil after removal of aboveground
structures and equipment, including but not limited to removal of
all components of the system, including footings.
(c)
Replace soil, as necessary, within the top 12 inches of the
soil profile, which shall be comprised of topsoil meeting the texture
of loam as described in the USDA soil classification system, and the
pH shall be in the range of 6.5 to seven. Tests shall be reviewed
and approved by the Borough.
(d)
Decompact land where necessary to promote healthy plant growth
prior to installation of topsoil and vegetation. Tests shall be reviewed
and approved by the Borough.
(e)
Restore soil areas with native grasses, agricultural crops or
plant species suitable to the area and which do not include any invasive
species.
(f)
Provide quantity takeoffs, unit prices and overall cost estimates
for decommissioning in current dollars.
(g)
Provide for the retention of buffers and plantings.
(h)
Restore parking areas and their surfaces for any parking under
decommissioned canopy solar installations.
(3)
If the property owner fails to remove the system and restore
the system in accordance with the decommissioning plan, the Borough
may perform the work in place of the owner. All costs incurred by
the Borough in connection with the same shall be a lien on the property
upon which the work is performed. In the event that the Borough incurs
any additional costs in enforcing the lien or collecting the money
owed, the owner shall be obligated to reimburse the Borough for the
additional costs and expenses, including reasonable attorneys' fees.
(4)
The Borough of Madison expressly reserves the right to require
the removal of any solar energy system, or portion thereof, which
is improperly constructed or maintained or which poses an imminent
safety hazard. In the event that the Borough incurs any additional
costs in enforcing the lien or collecting the money owed, the owner
shall be obligated to reimburse the Borough for the additional costs
and expenses, including reasonable attorneys' fees.
K.
Permitted accessory solar energy systems.
(1)
Building integrated systems are permitted as accessory uses
in all zoning districts.
(2)
Roof-mounted systems are permitted as accessory uses in all
zoning districts.
(4)
Ground-mounted systems shall be permitted as accessory uses
only in the PCD-O and OSGU Districts, upon finding by the reviewing
board that rooftop and/or parking lot canopy systems are not reasonably
feasible due to specific site/building conditions. Community solar
systems operated by the Borough of Madison or a third party contracted
by the Borough of Madison are not subject to the land area cap of
5%.
(5)
Additional submission requirements. In addition to the application
requirements in all applicable construction codes and the Borough
Land Use Ordinance, all applications for solar energy systems shall
be accompanied by a property survey showing the proposed location
or locations of the solar energy system and distance from property
lines. In addition, photographs showing the property from the public
view, and the location of the proposed solar energy system, must be
submitted so as to determine compliance with the visibility and other
provisions of this chapter.
L.
Abandonment.
(1)
Where a solar energy system is out of service for a continuous
eighteen-month period, there shall be a rebuttable presumption that
the system has been abandoned.
(2)
The Borough may issue a notice of abandonment to the owner of
a renewable energy system that is deemed to have been abandoned. The
notice shall be sent return receipt requested.
(3)
The owner shall have the right to respond to the notice of abandonment
within 30 days from notice receipt date.
(4)
If the owner provides information that demonstrates the renewable
energy system has not been abandoned, the Borough shall withdraw the
notice of abandonment and notify the owner that the notice has been
withdrawn.
(5)
If the Borough determines that the renewable energy system has
been abandoned, the owner of the renewable energy system shall remove
the renewable energy system and properly dispose of the components
at the owner's sole expense within six months after the owner receives
the notice of abandonment.
(6)
In the event that the owner fails to remove the renewable energy
system, the Borough or its employees or contractors may enter the
property to remove the renewable energy system (but shall not be obligated
to remove the same), and in the event that the Borough performs the
removal, all costs of such removal shall be reimbursed to the Borough
by the owner. In the event the owner fails to reimburse the Borough,
the Borough may place a lien on the property in the amount of the
costs of said removal. In the event that the Borough incurs any additional
costs in enforcing the lien or collecting the money owed, the owner
shall be obligated to reimburse the Borough for the additional costs
and expenses, including reasonable attorneys' fees.
[1]
Editor's Note: Former § 195-36.1, R-PH Scatter Site
Public Housing Zone, added 5-14-1984, as amended, was repealed 9-14-1987.
