[Amended 3-9-2005 by Ord. No. 1309; 6-16-2009 by Ord. No. 1449; 4-15-2010 by Ord. No. 1475; 9-20-2012 by Ord. No. 1556; 3-19-2013 by Ord. No. 1562]
A landscape buffer shall be provided in any nonresidential zone and for any nonresidential use where a development abuts a residential zone or residentially developed property. The buffer shall provide a year-round visual screen to minimize adverse impacts from the site on adjacent properties. The following buffer area and landscaping requirements shall apply, unless a different requirement is set forth elsewhere in this chapter:
A. 
A minimum fifteen-foot buffer shall be provided for all uses in the RB and LB Districts, along all property lines, provided that a minimum thirty-foot buffer is required between any business district and residential district.
B. 
A minimum twenty-five-foot buffer shall be provided for all uses in all I Districts, along all property lines, provided that a minimum thirty-foot buffer is required between any industrial district and any residential district.
C. 
A minimum one-hundred-foot buffer shall be provided for all uses in the OB-RL and HOB-RL Districts along all property lines that abut residential uses; except that in the OB-RL District, Parsons Pond Road shall be permitted within this buffer area.
[Amended 10-20-2015 by Ord. No. 1645]
D. 
Buffer areas will be contiguous with residential property lines and shall be of uniform width.
E. 
An applicant may be required by the Planning Board, the Board of Adjustment or the Shade Tree Commission to provide a landscape buffer and a six-foot-high stockade fence within the buffer area parallel to the lot line of the abutting residential lot.
F. 
Buffer areas shall be maintained and kept clean of all debris, rubbish, weeds and tall grass. Any screen planting shall be maintained permanently by the property owner, and any plant material which does not live shall be replaced within one year or one growing season.
G. 
No structure, activity, storage of materials, driveways or parking of vehicles shall be permitted in the buffer area, except permitted signs and fencing as specified in the district regulations, and such signs and fencing shall be permitted in the buffer area only by a finding by the Planning Board that their location in the buffer is appropriate.
H. 
Requirements for planting in buffer area.
(1) 
A solid and continuous landscaped screen shall be planted and maintained around parking and loading areas, to eliminate glare of vehicle lights and enhance the building from the abutting residential areas. The landscaped screen shall consist of evergreen trees, such as hemlock, Douglas fir, Norway spruce, etc. Evergreen trees shall not be less than five feet high when planted, and the lowest branches shall be not more than one foot above the ground. In the event that the existing evergreen trees do not cover the required area from the ground, said landscaping screen shall be supplemented with evergreen shrubbery.
(2) 
In addition to the landscaped screen, shade trees shall be planted by the applicant at a distance of not less than 20 feet nor more than 40 feet from each other.
(3) 
If the buffer area includes existing growth of evergreen and deciduous trees and shrubbery, but not enough to provide a suitable screen as required above, existing trees and shrubbery may remain and shall be supplemented by additional evergreen plantings to provide the required landscaped screen. In the event the approving authority finds that further plantings of evergreens will not grow satisfactorily in said buffer areas, stockade fencing six feet high shall be erected in the buffer area.
I. 
The Planning Board or Zoning Board shall have the power to waive any of the requirements or details specified above if it determines an adequate buffer can be provided in less than the required width while maintaining the purposes of this section. The Planning Board or Zoning Board, when considering waiving any of the buffer requirements, shall review the proposed plat and the standards and purposes of this chapter and, to these ends, shall consider the location of buildings, parking areas, outdoor illumination and topographic features of the area and existing features, such as trees and streams; the efficiency, adequacy and safety of the proposed layout of driveways, streets, sidewalks and paths; the adequacy and location of screening and parking areas, structures and uses; and such other matters as may be found to have a material bearing on the above standards and objectives.
[1]
Editor's Note: Former § 300-125, Telecommunications towers and antennas, as amended, was repealed 11-23-2021 by Ord. No. 1854.
A. 
General application. All nonresidential uses shall be subject to the following standards.
B. 
Compliance with performance standards.
(1) 
Prior to commencement of construction and/or operation. Any application for a building permit or a certificate of occupancy for a use which shall be subject to performance standards shall be accompanied by a sworn statement by the owner of the subject property that said use shall be operated in accordance with the performance standards set forth herein. The applicant shall submit a certification from the appropriate professionally qualified person or firm that the proposed use will comply with the following standards.
(2) 
Continued compliance. Continued compliance with performance standards shall be required and enforcement of continued compliance with these performance standards shall be enforced by the Construction Official, Borough Engineer, Health Officer and Fire Prevention Bureau.
C. 
Determination where performance standards are to be measured. The location, where determinations are to be made for measurement of performance standards, shall be made as follows:
(1) 
At property lines of the use creating such element for vibration, glare, air pollution, odor, dust, water pollution or noise.
(2) 
At the point of emission for smoke.
D. 
Dust, fumes, vibration, glare and smoke.
(1) 
Dissemination of smoke, dust, fumes, and other noxious gases shall be required to be within the limits of the industrial tolerance standards of the State Department of Health, Bureau of Adult and Industrial Health, and within the provisions of the Air Pollution Control Act of the State, as set forth in N.J.R.S. 26:2C-1 to 26:2C-23, inclusive, and the following provisions, whichever is more restrictive:
(2) 
Vibration. No vibration shall be permitted which is detectable without instruments at points of measurement specified in Subsection C above.
(3) 
Glare. No direct or sky-reflected glare shall be visible at the points of measurement specified in Subsection C above.
(4) 
Smoke.
(a) 
The emission standard of this chapter or as promulgated by the New Jersey Department of Environmental Protection, whichever is more restrictive, shall apply.
(b) 
No emission shall be permitted, from any chimney or otherwise, of visible gray smoke at a shade equal to or darker than No. 1 on the Power's Micro-Ringelmann Chart, published by McGraw Hill Publishing Company, Inc., copyright 1954, being a direct facsimile reduction of a standard Ringelmann Chart as issued by the United States Bureau of Mines.
(c) 
The provision of this subsection shall not apply to:
[1] 
Visible gray smoke of a shade not darker than No. 2 of said chart which may be emitted for not more than four minutes in any thirty-minute period.
[2] 
Smoke resulting from any fire ignited solely for the purpose of training or research in fire prevention or protection.
[3] 
Household fireplaces.
(5) 
Odors. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive as measured as set forth in Subsection C above.
(6) 
Fly ash and dust. No emission of any fly ash or dust shall be permitted to be discharged from any stack, chimney or by other means into the open air in excess of the quantity set forth in regulations promulgated by the New Jersey Department of Environmental Protection, nor shall any emission be permitted which can cause any damage to health, to animals or vegetation, or other forms of property, or to any excessive soiling.
(7) 
Noise.
(a) 
There shall be no noise from any source, other than as provided herein, which exceeds the values given in the following table in any octave band or frequency. Test equipment methods and procedures shall conform to standards as published by the New Jersey Department of Environmental Protection or its approved equivalent.
(b) 
No person shall cause, allow or permit sound from any nonresidential use which, when measured at any residential property line, shall be in excess of the following:
[1] 
Continuous airborne sound which has a sound level in excess of 65 dBA shall be prohibited between the hours of 7:00 a.m. and 10:00 p.m., and 55 dBA between the hours of 10:00 p.m. and 7:00 a.m.
[2] 
Continuous airborne sound which has an octave-band sound pressure level in decibels which exceed the values listed in the table below in one or more octave bands shall be prohibited.
[3] 
Impulsive airborne sound which has an impulsive sound level in excess of 80 decibels shall be prohibited.
(c) 
No person shall cause, allow or permit sound from any nonresidential use which, when measured at the property line of any other nonresidential use property, is in excess of the following:
[1] 
Continuous airborne sound level in excess of 65 dBA.
[2] 
Continuous airborne sound which has an octave-band sound pressure level in decibels which exceed the values listed in Column 1 in the table below in one or more octave bands.
[3] 
Impulsive airborne sound which has an impulsive sound level in excess of 80 decibels.
Octave-Band Center Frequency (Hz)
Column 1 Octave-Band Sound Pressure Level (Db) From 7:00 a.m. to 10:00 p.m.
Column 2 Octave-Band Sound Pressure Level (Db) From 10:00 p.m. to 7:00 a.m.
31,5
96
89
63
82
75
125
74
65
250
67
58
500
63
53
1,000
60
50
2,000
57
47
4,000
55
45
8,000
53
43
(d) 
Testing of only the electro-mechanical functioning of a stationary emergency signaling device shall occur at the same time each day that a test is performed, between 8:00 a.m. and 8:00 p.m. Any such testing shall only use the minimum cycle test time, but in no event shall exceed 10 seconds
(e) 
Testing of the complete emergency signaling system shall not occur more than once a month, and shall occur between the hours of 8:00 a.m. and 8:00 p.m.
(f) 
The operational performance standards established herein shall not apply to any of the following noise sources: agriculture; bells, chimes or carillons while being used in conjunction with religious services; commercial motor vehicle operations; emergency energy release devices; emergency work to provide essential services when public health or safety is involved; community emergency warning devices; noise of aircraft operations; public celebrations; public roadways including rail; unamplified human voice; use of sanctioned explosive devices
(g) 
Objectionable noises due to intermittence, beat frequency or hammering, or, if the noise is not smooth and continuous, correction shall be made to the above table by subtracting five decibels from each of the decibel levels given.
(8) 
Radioactivity or electrical disturbance. No activities shall be permitted which emit dangerous radioactivity. No activities shall be permitted where electrical disturbances adversely affect the operation of any equipment. All applicable federal and state regulations shall be complied with.
(9) 
Fire and explosion hazard. All activities involving storage of flammable and explosive materials shall be carried on in structures which conform to the standards of the National Board of Fire Underwriters of the Borough Building Code or Fire Ordinance,[1] whichever is more restrictive. All operations shall be carried out, and all materials stored, in accordance with the standards of the Board of Fire Underwriters. Burning of waste materials in open fires is prohibited.
[1]
Editor's Note: See Ch. 220, Construction Codes, Uniform; and Ch. 259, Fire Prevention.
(10) 
Liquids or solid waste. No discharge is permitted into any disposal system, public or private, or stream or into the ground of any materials of such nature or temperature than can contaminate any water supply, including groundwater supply. Adequate sewage treatment shall be provided on the site in accordance with Borough and state health regulations. Sewage treatment facilities shall be free of odor, shall be screened from public view and shall not be located closer than 200 feet to any residential zone, except as may be permitted in accordance with this subsection, and further provided that sanitary sewage treatment facilities in the HOB-RL Zone shall not be closer than 300 feet to any residential zone. Where, however, another municipality which is contiguous to a site of more than 100 acres in Franklin Lakes is willing to accept sewage from the site, and where sewage lines can be run directly from the site in Franklin Lakes to the contiguous municipality without crossing over any other Franklin Lakes property, and where the landowner agrees to any and all additional requirements imposed by the Planning Board or the Mayor and Council of the Borough, when necessary, for the protection of the health, safety and welfare of Franklin Lakes residents, and where the landowner agrees to pay any fees or charges necessary to reimburse the Borough for any anticipated expenditures, then, and in such event, the requirement of the subsection for on-site sewage treatment shall be waived. All methods of sewage and industrial waste treatment and disposal shall be approved by the Borough and the New Jersey State Department of Environmental Protection.
(11) 
Glare. There shall be no direct or reflected glare exceeding 0.05 footcandles measurable beyond the property line of the lot occupied by such use. This regulation shall not apply to lights used at the entrance or exit of service drives.
A. 
Permitted structures in front yards include signs, security, or gatehouses. In the HOB-RL District, parking is prohibited in the front yard setback, except that either a parking structure or on-grade parking area shall be permitted, provided it is set back minimally 100 feet from Route 208 and is properly screened from the line of sight at the property line by planted buffer strips.
[Amended 2-15-2011 by Ord. No. 1512; 10-20-2015 by Ord. No. 1645]
B. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B, concerning front yards in the HOB-RL District, was repealed 2-15-2011 by Ord. No. 1512.
C. 
The maximum permitted building height:
(1) 
In the OB-RL District the maximum permitted height shall be 40 feet. All roofs shall be free of appurtenances, towers, equipment, shaft extensions and the like and shall have no accessory structures located thereon other than vents, cupolas, elevator towers, which shall be properly screened, it being the intention of this provision to prevent obstruction of view, light and air.
(2) 
In the HOB-RL District the maximum height shall be 65 feet, measured from the top ridge to the nearest point of adjacent finished grade with exception of below-grade loading areas with access to basement areas. Maximum height of eaves or parapet wall shall be 45 feet. Maximum height of parking structures and accessory buildings shall be 35 feet above nearest point of adjacent finished grade. All roofs shall be free of higher appurtenances, towers, equipment, shaft extensions and the like and shall have no accessory structures located thereon other than vents, stacks, cupolas, lanterns, or solar panels, properly screened, it being the intention of this provision to prevent the obstruction of view, light or air.
[Amended 2-15-2011 by Ord. No. 1512]
D. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D, concerning a building's maximum straight line length, was repealed 2-15-2011 by Ord. No. 1512.
E. 
The maximum gross floor area of buildings in the HOB-RL District: 10,000 square feet of gross floor space per acre of lot area, excluding public streets. Parking structures, roadways, on-grade parking areas, paved courtyards and patios and equipment slabs shall not be included in the computation of maximum gross floor area of building. The maximum gross floor area in the OB-RL District shall be 4,500 square feet of gross floor space per acre of lot area.
[Amended 2-15-2011 by Ord. No. 1512]
F. 
The maximum floor area of all retail sales and personal services in the OB-RL District shall not exceed 5% of the existing building site.
G. 
Side yards between buildings shall be minimally equivalent to the height of the highest of the buildings which the side yard shall separate, or 30 feet, whichever is greater. Where buildings are connected by a covered walkway, the buildings shall be considered as a single building for purposes of minimum side yard requirements.
H. 
In the OB-RL District, for purposes of determining the front yard, the front lot line shall be considered the frontage on Old Mill Road or Wyckoff Avenue, and not Parsons Pond Road.
[Added 10-20-2015 by Ord. No. 1645[3]]
[3]
Editor's Note: Former Subsection H, concerning the prohibition of wood-frame buildings, was repealed 2-15-2011 by Ord. No. 1512.
I. 
In the OB-RL Zone, a minimum of 15% of open-air parking area shall be used exclusively for landscaping.
[Amended 2-15-2011 by Ord. No. 1512]
J. 
The maximum area of any single parking area shall be 80,000 square feet. Adjacent parking areas shall be separated by a one-hundred-foot wide buffer strip.
K. 
Notwithstanding anything contained herein to the contrary, when, at the discretion of the Planning Board, it is deemed necessary and not detrimental to the public good, a structure of a maximum of 225 square feet with a maximum height of one story/18 feet may be permitted for the purpose of sheltering any security personnel employed by the applicant, or used as a shelter for bus passengers, located in any area in which it would otherwise be prohibited.
L. 
In the OB-RL District, maintenance buildings and structures shall be permitted provided the maintenance buildings and structures are located at least 150 feet from any lot line.
[Added 10-20-2015 by Ord. No. 1645]
[Added 11-20-2012 by Ord. No. 1557]
A. 
Purpose. The purpose of this section is to establish a procedure and adopt rules and regulations for the licensing of outdoor cafes in the RB-1 and RB-2 (Retail Business) Districts.
[Amended 4-5-2016 by Ord. No. 1668]
B. 
Definitions. For purposes of this section, the following phrases and words shall have the meanings indicated:
OUTDOOR CAFE
That part of an indoor restaurant or eating establishment which has interior seating and public restrooms where food and other refreshments are served outdoors. The tables for patrons at an outdoor café must be immediately next to the restaurant, cafe, cafeteria or place of business of which it is part. The outdoor cafe shall not be separated from the associated establishment by a parking area or other site feature, except for a sidewalk or other pedestrian walkway.
[Amended 4-5-2016 by Ord. No. 1668; 9-19-2017 by Ord. No. 1724]
SIDEWALK
The area of the public right-of-way reserved for pedestrian traffic from the curb to the front line of the building housing an eating establishment.
C. 
License required. It shall be unlawful for any person, firm, partnership, corporation, association or organization of any kind (hereinafter collectively referred to as "person") to create, establish, operate, maintain or otherwise be engaged in the business of conducting an outdoor cafe upon the sidewalks of the Borough of Franklin Lakes, or on private property, unless such person shall hold a currently valid license issued pursuant to the terms of this section.
D. 
Requirements. No license shall be issued hereunder unless the licensee shall demonstrate that a minimum of four feet of continuous, unobstructed paved surface will be available for pedestrian traffic around or through such outdoor cafe and that such outdoor cafe will be directly next to an eating establishment as hereinabove defined. The minimum requirement for continuous, unobstructed paved surface on a walkway within a shopping plaza shall be four feet. The term "directly next to" shall confine the cafe to the area represented by an extension of each side of the store occupied by the eating establishment projected directly to a curbline immediately in front thereof, with the exception that a sidewalk or other pedestrian walkway may separate the establishment and the cafe.
[Amended 4-5-2016 by Ord. No. 1668; 11-12-2019 by Ord. No. 1806]
E. 
Application. Application for the license required hereunder shall be made to the Construction Code Official and shall be signed by the applicant. The application shall contain the following information:
(1) 
The name, residence address and telephone number of each individual, owner, or partner; or, if a domestic corporation, the names, residence addresses and telephone numbers of the directors and officers owning a ten-percent or greater interest in the corporation and the chief operating executive of the corporation; or, if a nondomestic corporation, the name, residence address and telephone number of the managing officer for service of process within the State of New Jersey and a copy of the qualification of said nondomestic corporation to conduct business in the State of New Jersey.
(2) 
A copy of the trade, corporate, business or fictitious name upon which the applicant intends to do business pursuant to this section.
(3) 
The address and description of each place where the applicant intends to establish or operate an outdoor cafe.
(4) 
The name and address of the person owning the premises, if other than the applicant, and the consent of the owner of the premises to the application.
(5) 
A copy of a valid retail food establishment license issued by the Board of Health.
(6) 
Three sets of a proposed layout plan containing scaled drawings clearly illustrating the number, type of materials, color and location of all tables, chairs, umbrellas, or other furnishings or fixtures intended to be located in the outdoor cafe. The perimeter of the outdoor cafe shall be defined and set off by a portable-type enclosure, which may include live plantings. The enclosure shall define the perimeter of the area to be used as an outdoor cafe and shall separate it from the pedestrians traversing the adjacent sidewalk. The enclosure shall not contain doors or windows nor air-conditioning or heating equipment and shall be open at all times to the air from a height of not more than three feet. Awnings or outdoor umbrellas extending over the enclosure are permitted.
(7) 
The scaled drawings shall also illustrate the following:
[Amended 11-12-2019 by Ord. No. 1806]
(a) 
The location of any doors leading from the eating establishment to the outdoor cafe. No such doors may be obstructed in any manner.
(b) 
The number of feet and location of unobstructed space permitting free passage of pedestrian traffic around or through each outdoor cafe.
(c) 
An illustration of the enclosure or protective barrier separating the eating and serving area of each outdoor cafe from pedestrian traffic.
(d) 
The location of all fire hydrants, parking meters, utility poles, benches, handicap ramps, street furniture, trees, and any other fixtures permanently located on the sidewalk in front of the eating establishment or within 10 feet thereof on either or any side.
(e) 
The type and location of any proposed outdoor lighting and fixtures.
(8) 
An annual application fee of $50.
[Amended 11-12-2019 by Ord. No. 1806]
F. 
Review of application. The Construction Code Official will review the application for completeness and compliance with the terms of this section. If the application is complete, the Construction Code Official will act upon the same within 10 business days of the submittal of the application or within 10 business days after the application becomes complete. If the application is not complete, the Construction Code Official will so notify the applicant within 10 business days of the submission and specifically detail the areas in which the application lacks compliance with the requirements of this section.
G. 
Issuance of license. If the application complies with the section, the Construction Code Official shall issue a license strictly subject to the terms and conditions of this section.
H. 
Change of ownership. The license is personal to the applicant, and any change or transfer of ownership of the outdoor cafe shall terminate the license and shall require a new application and a new license in conformance with all of the requirements of this section.
I. 
Consent to inspections. Acceptance of the license by the applicant shall operate as a consent to the Health, Fire, Police and Building Officials of the Borough to inspect the outdoor cafe for continued compliance with the terms and conditions of this section and any federal, state, county or local law, ordinance or regulation affecting the same.
J. 
Revocation or suspension of license. Any license issued hereunder is issued solely as a revocable license, which shall be subject to revocation or suspension by the Construction Official for failure of any licensee to comply with this section or for violation of any other applicable federal, state, county or municipal law, regulation or ordinance. In addition, the license may also be suspended or revoked on 10 days' written notice in the event the Borough determines that it is necessary to utilize the area or any part thereof for the maintenance or installation of underground utilities. In the event of any emergency, which emergency is certified by the Borough Administrator, the license may be suspended or revoked without notice.
K. 
Cleanliness. Each licensee is responsible for keeping the area of the outdoor cafe and the adjacent walks and streets free and clear of any debris or litter occasioned by the cafe. Areas must be cleaned as needed and at the time that business is closed and at the beginning of each business day, but not later than 9:00 a.m. Trash receptacles shall be provided. Litter shall not be permitted on adjoining sidewalks or property. Sidewalks shall be washed as necessary.
L. 
Food preparation. All food preparation shall be in the regular kitchen area of the restaurant, and such food preparation shall not be permitted within the outdoor café area.
M. 
Vending machines prohibited. No vending machines of any kind are permitted on the exterior of any building operating an outdoor cafe.
N. 
Signs. No signs shall be permitted in the area of the outdoor cafe except signs on the awnings complying with the sign ordinances of the Borough. Outdoor umbrellas located in the outdoor cafe shall be exempt from the sign ordinances of the Borough.
O. 
Liquor license. If the applicant is the holder of an alcoholic beverage control license pursuant to the laws of the State of New Jersey, it shall be the applicant’s responsibility to cause the alcoholic beverage control license to be amended to include the premises utilized for outdoor café purposes in order to serve alcoholic beverages therein.
P. 
Time period for outdoor cafes. Outdoor cafes shall be permitted to operate from March 1 to November 30 in any calendar year. The license, when issued, shall be valid for the calendar year in which it was issued.
[Amended 11-12-2019 by Ord. No. 1806]
Q. 
Other regulations. No tables, chairs or other equipment used in the outdoor cafe shall be attached, chained or in any manner affixed to any tree, post, sign, curb or sidewalk or property of the Borough within or near the licensed area.
R. 
Vacation of area. The licensee agrees at the end of the license period, or in the event that the license is temporarily or permanently suspended or revoked, that the licensee will, at his own cost and expense, vacate the sidewalk space and promptly remove any property placed thereon. Failure to do so on five days' written notice shall grant to the Borough the right to remove any property on the sidewalk, and the licensee agrees to reimburse the Borough for the cost of removing and storing the same.
S. 
Sound system prohibited. There shall not be any public-address systems, loudspeakers, sound systems, radios any other type of exterior sound system.
T. 
Hours of outdoor café. No outdoor cafe shall open for business prior to 7:00 a.m. nor remain open for business after 10:00 p.m. All persons occupying the outdoor cafe shall vacate the same no later than 10:30 p.m.
U. 
Alcohol permitted. Alcohol shall only be permitted at an outdoor cafe where patrons of the outdoor cafe are able to order a meal from a full-service indoor restaurant and only at tables which have table service. For purposes of this section, "full-service restaurant" shall mean a restaurant where patrons can order a full-course dinner from a broad range of menu items, a server or equivalent takes the order and brings food and drinks to be consumed at the table, meals are paid for after they are eaten, and guests are served throughout the duration of the meal. The outdoor area shall not contain a bar, and alcoholic drinks shall only be consumed with the meal.
[Amended 9-19-2017 by Ord. No. 1724; 11-12-2019 by Ord. No. 1806]
V. 
Enforcement. This section shall be enforced by the Construction Official, the Police Department, the Board of Health, as to the Sanitary Code, or any other Borough official as designated by the Mayor and Council.
[Added 4-16-2019 by Ord. No. 1780]
A. 
All multifamily residential development, including the residential portion of a mixed-use project, which consists of five or more new residential units, over and above that which is currently permitted, whether permitted by a zoning amendment, a use variance granted by the Zoning Board, or adoption of a redevelopment plan or amended redevelopment plan in areas in need of redevelopment or rehabilitation, shall require that an appropriate percentage of the residential units be set aside for very-low-, low-, and moderate-income households.
B. 
This requirement shall not apply to residential expansions, additions, renovations, replacement, or any other type of residential development that does not result in a net increase in the number of dwellings of five or more.
C. 
For inclusionary projects in which the affordable units are to be offered for sale, the set-aside percentage should be 20%; for projects in which the affordable units are to be offered for rent, the set-aside percentage should be 15%.
D. 
The developer shall provide that half of the affordable units constructed be reserved for low-income households and that the remaining half be reserved for moderate-income households. At least 13% of all restricted units shall be very-low-income units (affordable to a household earning 30% or less of median income). The very-low-income units shall be counted as part of the required number of low-income units within the development.
E. 
Subdivision and site plan approval shall be denied by the Board unless the developer complies with the requirements to provide very-low-, low-, and moderate-income housing pursuant to the provisions of this section. A property shall not be permitted to be subdivided so as to avoid meeting this requirement. The Board may impose any reasonable conditions to ensure such compliance.
F. 
This requirement does not create any entitlement for a property owner or applicant for a zoning amendment, variance, or adoption of a redevelopment plan or amended redevelopment plan in areas in need of redevelopment or rehabilitation, or for approval of any particular proposed project.
G. 
This requirement does not apply to any sites or specific zones otherwise identified in the Fair Share Plan, for which density and set-aside standards shall be governed by the specific standards set forth therein.
H. 
In the event that the inclusionary set-aside percentage (15% or 20%) of the total number of residential units does not result in a full integer, the developer shall round the set-aside upward to construct a whole additional affordable unit.