[Amended 11-1-2011 by Ord. No. 1530; 2-21-2012 by Ord. No. 1536; 7-21-2015 by Ord. No. 1635; 6-1-2021 by Ord. No. 1836; 4-1-2025 by Ord. No. 1980]
A. 
The principal permitted uses allowed in the A-130, A-40, A-40C, A-22.5, and A-5 Districts are limited to the following:
(1) 
Detached single-family dwellings;
(2) 
Municipal buildings and uses;
(3) 
Farms, subject to §§ 300-120A and 300-121H;
B. 
The accessory uses allowed in the A-130, A-40, A-40C, A-22.5, A-5 and R-R Districts include the following:
(1) 
Accessory uses and structures customarily incidental to permitted uses, provided they do not include any activity customarily conducted for gain, subject to § 300-121A.
(2) 
Private garages, subject to § 300-121C.
(3) 
Hothouses, nurseries or greenhouses, subject to § 300-121D and H.
(4) 
Swimming Pools and tennis courts, subject to § 300-121E.
(5) 
Fences and walls, subject to § 300-121F.
(6) 
Cabanas, gazebos, tool sheds and garden sheds, subject to § 300-121G.
(7) 
Horses, stables and boarding of horses, subject to § 300-121H.
(8) 
Signs, subject to § 300-128.
(9) 
Off-street parking, subject to §§ 300-71 and 300-72.
(10) 
Incidental home occupations, subject to § 300-121J.
(11) 
In the A-130 and A-40 Zones, accessory apartments, subject to § 135-5.
C. 
The conditional uses allowed in the A-130, A-40, A-40C, A-22.5, and A-5 Districts include the following:
(1) 
Places of worship, subject to § 300-122A.
(2) 
Public and private elementary and secondary schools, subject to § 300-122B.
(3) 
Golf course, subject to § 300-122C.
(4) 
Nature sanctuary, owned and operated by nonprofit organizations, including at least 10 acres, and buildings accessory thereto used in connection with this use, subject to the area and bulk regulations of the zone in which the site is situated, except that structures existing on the property at the time of the adoption of the ordinance amending this section shall be deemed in conformance with all set back and bulk requirements.
(5) 
Water utility uses are permitted subject to the conditions in § 300-122D and E.
D. 
Cluster residential development. Cluster residential development shall be permitted in the A-130 and A-40C Districts, subject to the regulations set forth in § 300-120C.
E. 
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements set forth at the end of this chapter.
[Added 12-12-2001 by Ord. No. 1209; amended 10-19-2010 by Ord. No. 1498]
A. 
The purpose of this zone district is to provide for the construction of multifamily dwellings and to create a realistic opportunity for the construction of a portion of the low- and moderate-income housing obligation of the Borough of Franklin Lakes under New Jersey's Fair Housing Act, N.J.S.A. 52:27D-301 et seq., the rules of the New Jersey Council on Affordable Housing, N.J.A.C. 5:93, and the Mount Laurel doctrine.
B. 
The principal permitted uses allowed in the MF-AH1 District include the following:
(1) 
Multifamily residential, in buildings with three or more dwelling units, in which units may be located one over one other and on more than one floor, including rental apartments.
C. 
The accessory permitted uses allowed in the MF-AH1 District include the following:
(1) 
Off-street parking, subject to § 300-71 and 300-72.
(2) 
Fences and walls, subject to § 300-121F.
(3) 
Signs, subject to § 300-128.
(4) 
Recreation facilities and buildings, clubhouse, leasing-management office, maintenance building, mail kiosks and other street furniture, home occupations, fences and walls, signs, and other customary accessory uses which are clearly incidental to the principal use and buildings.
D. 
The conditional uses allowed in the MF-AH1 District include the following: none.
E. 
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements.
F. 
The maximum gross residential density shall be 8.06 dwelling units per acre, provided that the maximum number of dwellings permitted in the district shall not exceed 100 dwellings. In computing the number of units permitted, any portion of a unit less than 0.50 shall not be considered.
G. 
Maximum residential development of the district: 100 dwelling units.
H. 
The following area and bulk standards shall be applicable to the MF-AH1 District:
Schedule of Area and Bulk Requirements
MF-AH1 District
Requirement
Standard
Minimum lot area
10 acres
Minimum lot width
300 feet
Minimum lot depth
300 feet
Minimum setback from public street
50 feet
Minimum side yard
25 feet
Minimum rear yard
50 feet
Minimum distance between buildings
Front to front
45 feet
Back to back
30 feet
Front to side
40 feet
Side to side
30 feet
Side to back
30 feet
Maximum building height
40 feet*/2 1/2 stories
Maximum building coverage
20%
Maximum total coverage
40%
Maximum building length
120 feet
*NOTE:
Maximum building height shall be measured from the average finished perimeter grade to the highest roof ridge.
I. 
A minimum twenty-five-foot-wide setback from the lot perimeter shall be a landscaped buffer of preserved existing vegetation and, as necessary in sparsely wooded areas, new landscaping of evergreen shrubs or trees at least six feet high. The perimeter buffer may be included within any required setback. Stormwater management basins, easements for utilities, and driveways or internal roads to ensure access to and from a public street may be included within the perimeter buffer.
J. 
A minimum of 50% of the tract area shall be reserved for conservation, recreation, and other common open space uses. The common open space may include wetlands, wetlands transition areas, required buffer areas, and landscaped stormwater management facilities. Portions of the common open space shall be developed for both passive and active recreation, and may include active recreation facilities such as a swimming pool and nature paths.
K. 
Streets, parking, water supply, sanitary sewers, and stormwater management standards: New Jersey Department of Community Affairs, Residential Site Improvement Standards (RSIS), N.J.A.C. 5:2 1.
L. 
Fifteen percent of the total units developed on the tract shall be rented to low- and moderate-income households, as defined by the New Jersey Council on Affordable Housing (COAH).
M. 
The required affordable housing shall be developed and rented in accordance with the current applicable rules of COAH, as may be amended from time to time (currently codified at N.J.A.C. 5:93), including requirements on split between low- and moderate-income housing, bedroom distribution, range of affordability, rents of units, affirmative marketing, affordability controls, and construction phasing with the market-rate units developed on the tract.
N. 
The facade of a building with affordable housing units shall be indistinguishable from the facade of a building with market-rate units of the same housing type developed on the tract.
O. 
Affordable housing units shall be dispersed, to the greatest extent feasible, among market-rate units of the same housing type.
P. 
All exterior lighting shall be arranged so as to reflect away from all adjoining premises.
Q. 
The development of multifamily buildings in the MF-AH1 Zone shall include building foundation plantings, clusters of plantings in strategic areas, shade trees along roadways and pedestrian paths, and preservation of existing vegetation, where feasible.
R. 
Prior to the issuance of any construction permit for buildings in the MF-AH1 Zone, the Planning Board shall review and approve a site plan for the entire project, in accordance with the land subdivision and site plan provisions of this chapter.
A. 
The purpose of the PRD Planned Residential District is to provide standards and criteria that will encourage development resulting in a more efficient use of land and provision for public services to housing; encourage innovations in residential development so that the growing demands of the population may be met by a greater variety and flexibility of housing density, design and type; foster conservation and more efficient use of open space ancillary to residential development so that greater opportunities for better housing and conveniently located recreation may extend to all residents of this municipality; and reflect changes in the technology of land development and land use.
B. 
The principal permitted uses allowed in the PRD District include the following:
[Amended 11-1-2011 by Ord. No. 1530]
(1) 
Townhouse residential dwelling units, subject to § 300-120B.
(2) 
Municipal buildings and uses.
C. 
The accessory permitted uses allowed in the PRD District include the following:
[Amended 11-1-2011 by Ord. No. 1530]
(1) 
Off-street parking, subject to §§ 300-71 and 300-72.
(2) 
Fences and walls, subject to § 300-121F.
(3) 
Signs, subject to § 300-128.
(4) 
Recreational open space areas such as parks, preserves, recreation areas or facilities, tennis courts, lakes, ponds, bikeways, playgrounds and swimming facilities, along with structures and necessary features appurtenant thereto, subject to § 300-120B.
(5) 
Accessory uses and structures customarily incidental to permitted uses, provided they do not include any activity customarily conducted for gain, subject to §§ 300-120B and 300-121A.
D. 
The conditional uses allowed in the PRD District include the following: none.
[Amended 11-1-2011 by Ord. No. 1530]
E. 
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements set forth at the end of this chapter, and as regulated in § 300-120B.
[Amended 11-1-2011 by Ord. No. 1530]
[Added 12-17-2013 by Ord. No. 1579]
A. 
Purpose.
(1) 
The purpose of the PRD-2 Planned Residence District-2 is to provide standards that will support the Borough's growing demand for a variety of housing types in a manner that is sensitive to the environmental features in the district. Additionally, development in this district is intended to assist the Borough to meet its affordable housing obligation and to implement the Affordable Housing/COAH Mediation Agreement for lands within the district.
(2) 
This section has been adopted, in part, pursuant to said Affordable Housing/COAH Mediation Agreement, dated December 4, 2013, executed by and among the Galenkamp Brothers Partnership, The Mountain Club, Inc., Toll Bros., Inc., the Borough of Franklin Lakes and the Planning Board of the Borough of Franklin Lakes (collectively, the "Parties") with regard to the zoning of the lands commonly known as "High Mountain Golf Club" (the "Property") and, with regard to any application or development of the Property, the Parties intend and it is hereby resolved that the terms and conditions of the Affordable Housing/COAH Mediation Agreement shall be deemed included herein and made a part hereof and shall be applicable to any such application or development.
(3) 
Notwithstanding anything to the contrary, the Planning Board shall have the right to make appropriate adjustments to the concept plan incorporated into said Affordable Housing/COAH Mediation Agreement to account for health and safety concerns and to require compliance with the Borough's site plan ordinance. Such an adjustment may include, but shall not be limited to, revisions to the road layout to ensure safe site access to Vee Drive, Franklin Lakes Road or Ewing Avenue.
B. 
The principal permitted uses allowed in the PRD-2 District include the following:
(1) 
Detached single-family dwellings.
(2) 
Townhouse dwelling units.
(3) 
Multifamily affordable dwelling units.
(4) 
Municipal buildings and uses.
(5) 
Recreational uses and buildings associated with a residential development in the same district.
(6) 
Pump station/lift stations/utility structures and all customary appurtenances associated with a development in the same district.
(7) 
Stormwater management facilities, including detention/retention ponds, conveyance systems, and all other structures required for sound stormwater management control associated with a development in the same district.
C. 
The accessory permitted uses allowed in the PRD-2 District include the following:
(1) 
Accessory uses and structures customarily incidental to permitted uses, provided they do not include any activity customarily conducted for gain, subject to § 300-121A.
(2) 
Private garages, subject to § 300-121C.
(3) 
Fences and walls, subject to § 300-121F.
(4) 
Cabanas, gazebos, tool sheds and garden sheds, subject to § 300-121G.
(5) 
Signs, subject to §§ 300-110.1M and 300-128.
(6) 
Off-street parking, subject to the Residential Site Improvement Standards, New Jersey Administration Code, Title 5, Chapter 21.
(7) 
Incidental home occupations, subject to § 300-121J.
(8) 
Recreational open space areas such as parks, preserves, recreation areas or facilities, tennis courts, lakes, ponds, bikeways, playgrounds and swimming facilities, along with structures and necessary features appurtenant thereto.
(9) 
Single-family detached lots only:
(a) 
Hothouses or greenhouses, subject to § 300-121D.
(b) 
Swimming pools and tennis courts, subject to § 300-121E, except as follows:
[1] 
The minimum setback from the property line to the pool decking or walkway shall be 15 feet.
[2] 
The minimum setback from the property line to the water surface shall be 15 feet.
D. 
The conditional uses allowed in the PRD-2 District include the following:
(1) 
None.
E. 
Maximum number of units.
(1) 
The total market-rate residential units in the PRD-2 District shall not exceed 220 units as set forth below.
(a) 
The total townhouse dwellings shall not exceed 160 units.
(2) 
The total affordable units shall meet the set-aside specified in § 300-110.1Q.
F. 
Area and bulk standards for detached single-family dwellings.
(1) 
Minimum lot area: 20,250 square feet.
(2) 
Minimum lot width: 135 feet. The minimum lot width shall be measured at the front yard setback.
(3) 
Minimum front yard: 40 feet.
(4) 
Minimum side yard: 15 feet one side and 50 feet combined.
(5) 
Minimum rear yard: 25 feet.
(6) 
Maximum building coverage:
(a) 
Lots 20,250 square feet to 22,000 square feet: 25%.
(b) 
Lots 22,001 square feet to 30,000 square feet: 25%.
(c) 
Lots 30,001 square feet to 40,000 square feet: 20%.
(d) 
Lots greater than 40,000 square feet: 15%.
(7) 
Maximum lot cover:
(a) 
Lots 20,250 square feet to 22,000 square feet: 32.5%.
(b) 
Lots 22,001 square feet to 30,000 square feet: 30%.
(c) 
Lots 30,001 square feet to 40,000 square feet: 27.5%.
(d) 
Lots greater than 40,000 square feet: 25%.
(8) 
Maximum building height: 2 1/2 stories/40 feet.
(9) 
Minimum distance from driveway to side property line: five feet.
(10) 
Minimum distance between driveways: 16 feet.
G. 
Area and bulk standards for townhouse dwellings.
(1) 
Minimum tract area: 10 acres.
(2) 
Building setbacks:
(a) 
Minimum setback to townhouse tract boundary: 25 feet.
(b) 
Minimum setback to public road: 30 feet.
(c) 
Minimum setback from front of building to private road cartway: 28 feet.
(d) 
Minimum setback of side or rear of building to private road cartway: 20 feet.
(3) 
Distance between buildings:
(a) 
Rear to rear: 40 feet.
(b) 
Side to side: 25 feet.
(c) 
Side to rear: 40 feet.
(4) 
Maximum building coverage: 25% of the townhouse tract.
(5) 
Maximum lot coverage: 40% of the townhouse tract.
(6) 
Maximum building height: 2 1/2 stories/40 feet.
(7) 
Maximum units per building: five.
(8) 
Maximum building length: 200 feet.
(9) 
Minimum distance between townhouse dwelling and off-street parking space: 20 feet.
(10) 
Maximum distance between off-street parking space and the unit served: 200 feet.
H. 
Area and bulk standards for multifamily affordable dwellings.
(1) 
Minimum tract area: not less than one acre per 25 dwelling units.
(2) 
Minimum lot width: 150 feet.
(3) 
Minimum lot depth: 200 feet.
(4) 
Minimum setback to public right-of-way or private road: 50 feet.
(5) 
Minimum distance between buildings:
(a) 
Front to any building: 60 feet.
(b) 
Rear to any building: 60 feet.
(c) 
Side to any building: 40 feet.
(6) 
Maximum building coverage: 40% of multifamily affordable tract.
(7) 
Maximum lot coverage: 65% of multifamily affordable tract.
(8) 
Maximum building height: three stories/42.5 feet.
(9) 
Maximum units per building: 30.
(10) 
Maximum building length: 150 feet.
(11) 
Minimum distance to off-street parking space: 10 feet.
(12) 
Maximum distance between off-street parking space and the unit served: 200 feet.
I. 
Recreation and amenities.
(1) 
A recreation/amenities area shall be provided and shall include, at a minimum, a clubhouse and pool. Other amenities may include but shall not be limited to tennis court, bocce court and walking trails.
J. 
Area and bulk standards for recreation and amenity uses.
(1) 
Minimum lot area: none.
(2) 
Minimum front yard: 50 feet.
(3) 
Minimum side yard: 50 feet.
(4) 
Minimum rear yard: 50 feet.
(5) 
Maximum building coverage: 40%.
(6) 
Maximum lot coverage: 65%.
(7) 
Maximum building height: 2 1/2 stories/40 feet.
(8) 
Minimum distance to off-street parking space: 10 feet.
K. 
Calculation of lot sizes, building area, building coverage and lot coverage.
(1) 
For the purpose of calculating lot area of any lot or tract, wetlands, wetland transition areas, riparian buffers and the like shall be included as long as the applicant can demonstrate that a reasonable building envelope is provided.
(2) 
For the purpose of calculating building coverage and lot coverage of any lot or tract, wetlands, wetlands transition areas and riparian buffers and the like shall be included for determining the overall tract or lot area.
L. 
Building design.
(1) 
Building height shall be calculated as the difference between the elevation of the highest point on the roof, excluding chimneys, antennas and similar structures, and the elevation of the lowest point on the surface of the ground abutting the building anywhere along the perimeter of the foundation.
(2) 
The finished floor elevation of any basement must be a minimum of two feet above the seasonal high-water table unless an engineered solution is provided that employs gravity or mechanical devices to remove water from below grade areas.
(3) 
An overall theme of design and architectural mode shall be utilized within the development for the purpose of presenting an aesthetically desirable effect, and shall be such that they provide varied building elevations, design and structural appearance within the context of the overall theme.
(4) 
The front facade of a row of attached units shall not continue on the same plane for a linear distance of more than the width of two units. Minimum two-foot offsets shall be required at breaks in the facade planes.
(5) 
The front facade of a multifamily building shall not continue on the same plane for a linear distance of more than 75 feet. Minimum two-foot offsets shall be required at breaks in the facade planes.
(6) 
The street-facing garage wall of single-family homes shall not have vehicle garage doors (no vehicle access), except on corner lots.
(7) 
Single-family homes must vary in at least three of the following manners from each neighboring home, as hereinafter defined:
(a) 
Number of windows and/or the location of windows and doors visible from a front street elevation;
(b) 
Roofline design (for example: hip vs. gable);
(c) 
Roof pitch variation;
(d) 
Facade treatment on front elevation (for example: brick vs. stone);
(e) 
Landings, porches, bay windows, porticos or other prominent ornamentation on the street facade;
(f) 
Color of street facade; and
(g) 
The term "neighboring home" shall include the single-family home(s) to the immediate left or the right of the subject home facing the same side of the street upon which the subject home will front and the two closest single-family homes which are across and facing the street upon which the subject home will front.
M. 
Signs.
(1) 
Freestanding signs shall be permitted to the following. All other signs shall be permitted pursuant to § 300-128.
(a) 
Development identification signs.
[1] 
Two signs shall be permitted at each intersection of an existing and proposed road.
[2] 
Signs may only bear the name of the development and the name of the developer.
[3] 
The maximum sign area of each sign shall be 25 square feet.
[4] 
The maximum height shall be six feet.
[5] 
The minimum setback to all rights-of-way, lot lines and buildings shall be 10 feet.
[6] 
Signs may be illuminated with ground-light fixtures designed and placed such as to illuminate, to the extent possible, only the sign. Internal illumination is prohibited.
(b) 
Development subarea identification signs.
[1] 
Development subareas shall include concentrations of contiguous permitted uses, such as a concentration of single-family homes, concentration of townhouses or concentration of recreation facilities.
[2] 
One sign per subarea entrance shall be permitted to identify each development subarea.
[3] 
Signs shall only bear the name of the development subarea or the recreation facility, as applicable.
[4] 
The maximum sign area of each sign shall be 10 square feet.
[5] 
The maximum height shall be six feet.
[6] 
The minimum setback to all rights-of-way, lot lines and buildings shall be 10 feet.
[7] 
To the extent reasonable and practical, development subarea identification signs shall not be visible from beyond the district boundaries.
[8] 
Signs may be illuminated with ground-light fixtures designed and placed such as to illuminate, to the extent possible, only the sign. Internal illumination is prohibited.
N. 
Plantings, buffers, tree removal and steep slopes.
(1) 
A minimum fifteen-foot perimeter landscape buffer free of any utilities shall be provided between the townhouse development and single-family tracts, as well as the perimeter of the tract boundary. In locations where utilities must cross said buffer, perpendicular crossings will be permitted. The fifteen-foot perimeter landscaping buffer shall be permitted within any required yard setback and may count toward required lot area.
(2) 
Required buffers may be entirely or partially satisfied with existing growth of evergreen and deciduous trees and shrubbery. Buffers which do not provide a suitable screen as required above 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.
(3) 
All required buffers shall be free of underground and aboveground linear utilities which are more than five feet in length, but may include any utilities which are required to cross said buffer at 90°.
(4) 
All townhouse and multifamily buildings shall be provided with an aesthetically pleasing and functional landscape component. Building foundation plantings, planting clusters located in strategic areas, shade trees along roadways and sidewalks shall be incorporated into an overall landscape plan.
(5) 
Street trees shall be provided along all public and private roads consistent with § 300-66, Shade trees and landscaping, and Chapter 453, Trees.
(6) 
Article XX, Tree Removal and Replacement, shall only apply to any disturbance in excess of the approved final grading and tree removal plans.
(7) 
Article XVII, Protection of Critical Slope Areas, shall not apply to the development.
O. 
Street design.
(1) 
The right-of-way for public internal streets shall be not less than 50 feet, and the cartway shall be not less than 30 feet, unless otherwise specified.
(a) 
A public or private road serving six or fewer single-family homes may have a reduced cartway width of 28 feet and a right-of-way width of 50 feet.
(b) 
A private road serving townhouse units from both sides of the road may have a reduced cartway width of 24 feet and may utilize ninety-degree parking.
(2) 
Parking shall be provided on both sides of all streets which have a cartway of 30 feet or more. Parking shall be provided on one side of all streets which have a cartway of less than 30 feet.
P. 
Sidewalks shall be provided on one side of all streets. Construction shall be consistent with the specifications in the Residential Site Improvement Standards, New Jersey Administrative Code, Title 5, Chapter 21, Open space.
(1) 
A minimum of 20% of the townhouse tract shall be retained as common open space. The required open space shall not include areas designated as sidewalks, roads, drives, parking areas (unless otherwise noted herein). However, it shall include, but not be limited to, stormwater management basins, swales, infiltration areas, wetlands, streams, ponds, riparian buffers and the lake.
(2) 
A homeowners' association shall be established for the purposes of owning and maintaining common facilities. The association shall comply with the provisions set forth in this chapter regulating such association.
(3) 
Waterfront access and parking: The development shall not be required to provide public parking or public access to the waterfront. In lieu thereof and of any obligation to provide additional open space and recreational amenities other than as explicitly set forth herein, the developer shall pay a fee in the amount of $150,000, as set forth in the Affordable Housing/COAH Mediation Agreement.
Q. 
Affordable housing.
(1) 
Affordable housing shall be provided in accordance with the following:
(a) 
The affordable housing may be provided on site or as a payment in lieu of construction at the discretion of the Borough.
(b) 
Where affordable housing is provided on site, the number of affordable units shall be in an amount equal to 20% of the total units approved for the tract.
(c) 
Where a payment in lieu is provided, the applicant shall provide a payment in lieu of construction to the Borough's affordable housing trust fund in the amount of $165,000 per affordable unit. The affordable housing obligation shall be based on the number of affordable units which would have been provided based upon 15% of the units approved for the tract.
(d) 
Affordable housing units provided on site shall be for sale. If affordable units are provided as a payment in lieu of construction, the affordable housing obligation of the applicant shall be limited to the payment in lieu of construction to the Borough's affordable housing trust fund in the amount of $165,000 per affordable unit. Payment of any such financial contribution shall be deemed, per se, the construction of an affordable unit in the calculation of affordable units provided for purposes of the phasing of such units in relation to the phasing schedule for the development of market-rate units as specified in COAH's regulations.
R. 
Application procedures.
(1) 
Application for a planned development in the PRD-2 District: Development in the PRD-2 District may be by application for subdivision or site plan approval and/or by application for a planned development pursuant to the New Jersey Municipal Land Use Law (the "MLUL") and, specifically, N.J.S.A. 40:55D-45 et seq.
(2) 
Any GDP application shall indicate the location of affordable units and shall assume, in the absence of clear direction from the Borough, that the affordable units shall be located on site. However, upon the determination of the Borough as to the ultimate location of affordable units, on tract or by a payment in lieu, the GDP shall not be required to be amended in order to effectuate the Borough's intent. If an in-lieu payment is provided and lands approved as the location for on-tract affordable units are used for the development of additional single-family detached units over that previously approved, there shall be a reduction of 1:1 in townhouse units for each additional single-family detached unit such that no greater than the maximum number of on-tract market-rate units, as set forth in this section and as set forth in the Affordable Housing/COAH Mediation Agreement, shall be approved.
(3) 
Applications for development shall be fast-tracked by the reviewing board, consistent with COAH regulations and the Affordable Housing/COAH Mediation Agreement. In order to allow the applicant to expedite the approval process, the applicant, in its discretion, may apply for GDP and/or first phase preliminary and/or final site plan and/or subdivision approval simultaneously.
A. 
The purpose of the SR Senior Citizen District is to provide adequate housing at an affordable cost for senior citizens of the community, and address the unique needs of seniors in regard to the design of such housing and its placement in proximity to open space, recreation and shopping areas.
B. 
The principal permitted uses allowed in the SR District include the following:
[Amended 2-12-2003 by Ord. No. 1240; 11-1-2011 by Ord. No. 1530]
(1) 
Multifamily residential dwellings for senior citizen occupancy. Senior citizen occupancy as utilized herein shall include such units which are restricted to occupancy by families with one person or more who are 55 years of age or greater. In addition to occupancy by a family with at least one senior citizen, there shall be prohibited from permanent residency in said units an individual younger than 19 years of age. Said multifamily residential dwellings shall also be subject to all of the requirements and restrictions described in § 300-120D.
(2) 
Congregate-care facilities subject to § 300-120D.
(3) 
Municipal buildings and uses.
(4) 
Two-family homes on lots located in this zone subject to all of the regulations and restrictions applicable to single-family residences located in the A-22.5 Zoning District.
C. 
The accessory permitted uses allowed in the SR District include the following:
[Amended 11-1-2011 by Ord. No. 1530]
(1) 
Off-street parking, subject to §§ 300-71 and 300-72.
(2) 
Fences and walls, subject to § 300-121F.
(3) 
Signs, subject to § 300-128.
(4) 
Recreational open space areas such as parks, preserves, recreation areas or facilities, tennis courts, lakes, ponds, bikeways, playgrounds and swimming facilities, along with structures and necessary features appurtenant thereto.
(5) 
Accessory uses and structures customarily incidental to permitted uses, provided they do not include any activity customarily conducted for gain, subject to §§ 300-121A and 300-120D.
D. 
The conditional uses allowed in the SR District include the following: none.
[Amended 11-1-2011 by Ord. No. 1530]
E. 
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements set forth at the end of this chapter and as regulated by § 300-120D.
[Amended 11-1-2011 by Ord. No. 1530]
[Added 12-12-2001 by Ord. No. 1208; amended 7-9-2003 by Ord. No. 1258; 10-19-2010 by Ord. No. 1498; 11-1-2011 by Ord. No. 1530; 12-21-2021 by Ord. No. 1859]
A. 
The purpose of this zone district is to provide for the construction of senior citizen multifamily dwellings and to create a realistic opportunity for the construction of a portion of the low- and moderate-income housing obligation of the Borough of Franklin Lakes under New Jersey's Fair Housing Act, N.J.S.A. 52:27D-301 et seq., the rules of the New Jersey Council on Affordable Housing, N.J.A.C. 5:93, and the Mount Laurel doctrine.
B. 
The principal permitted uses allowed in the MF-AH2 District shall include the following:
(1) 
Senior citizen multifamily residential, in buildings with three or more dwelling units, in which units may be located one over the other and on more than one floor, including rental apartments.
C. 
The accessory permitted uses allowed in the MF-AH2 District include the following:
(1) 
Off-street parking, subject to §§ 300-71 and 300-72.
(2) 
Fences and walls, subject to § 300-121F.
(3) 
Signs, subject to § 300-128.
(4) 
Recreation facilities and buildings, clubhouse, leasing-management office, maintenance building, mail kiosks and other street furniture, home occupations, fences and walls, signs, and other customary accessory uses which are clearly incidental to the principal use and buildings.
D. 
The conditional uses allowed in the MF-AH2 District include the following: None.
E. 
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements.
F. 
The maximum gross residential density shall be 6.1 dwelling units per acre, provided that the maximum number of dwellings permitted in the district shall not exceed 84 dwellings. In computing the number of units permitted, any portion of a unit less than 0.50 shall not be considered.
G. 
Maximum residential development of the district: 84 dwelling units. All such units shall be age restricted to persons 55 years of age and over, shall offer facilities and services specifically designed to meet the needs of older persons, and shall satisfy the rental bonus criteria for age restricted units established, from time to time, by COAH.
H. 
The following area and bulk standards shall be applicable to the MF-AH2 District:
Schedule of Area and Bulk Requirements
MF-AH2 District
Requirement
Standard
Minimum lot area
13 acres
Minimum lot width
200 feet
Minimum front yard
28 feet
Minimum side yards
25 feet
Minimum rear yard
50 feet
Minimum distance between buildings
50 feet
Minimum internal road setback
20 feet
Minimum perimeter buffer
30 feet
Maximum density
6.1 du/ac, not to exceed 84 units
Maximum building height**
3 residential stories/46 feet
Maximum building coverage
25%
Maximum total coverage
50%
Maximum building length
300
Parking permitted beneath buildings
Yes*
NOTES:
* Buildings shall be terraced into grade, so as conceal parking on at least three sides. Parking may only be exposed in rear of site, at which point building height may be a maximum of 56 feet.
** A maximum building height, measured for the front and sides of buildings, shall be measured from the finished ground elevation (adjacent to the building) to the highest roof ridge, and shall not exceed 46 feet of building height and/or exposure. The maximum building height for the rear of the building shall be 56 feet, as measured from the finished ground elevation (adjacent to the building) to the highest roof ridge of the proposed building. Buildings shall be terraced into the grade, so as to conceal parking on at least three sides. Parking may only be exposed in rear of site except the parking garage access will be permissible from the front or side of the building.
I. 
A minimum thirty-foot-wide setback from the lot perimeter shall be a landscaped buffer of preserved existing vegetation and, as necessary in sparsely wooded areas, new landscaping of evergreen shrubs or trees at least six feet high. The perimeter buffer may be included within any required setback.
J. 
A minimum of 50% of the tract area shall be reserved for conservation, recreation, and other common open space uses. The common open space may include wetlands, wetlands transition areas, required buffer areas, and landscaped stormwater management facilities. Portions of the common open space shall be developed for both passive and active recreation, provided that no structures are to be calculated as part of the fifty-percent open space acreage.
K. 
See New Jersey Department of Community Affairs, Residential Site Improvement Standards (RSIS), N.J.A.C. 5:21, for regulations governing streets, parking, water supply, sanitary sewers, and stormwater management standards.
L. 
Fifteen percent of the total units developed on the tract shall be rented to low- and moderate-income households, as defined by the New Jersey Council on Affordable Housing (COAH).
M. 
The required affordable housing shall be developed and rented in accordance with the current applicable rules of COAH, as may be amended from time to time (currently codified at N.J.A.C. 5:93), including requirements on split between low- and moderate-income housing, bedroom distribution, range of affordability, rents of units, affirmative marketing, affordability controls, and construction phasing with the market-rate units developed on the tract.
N. 
The facade of a building with affordable housing units shall be indistinguishable from the facade of a building with market-rate units of the same housing type developed on the tract.
O. 
Affordable housing units shall be dispersed, to the greatest extent feasible, among market-rate units of the same housing type.
P. 
All exterior lighting shall be arranged so as to reflect away from all adjoining premises.
Q. 
The development of multifamily buildings in the MF-AH2 District shall include building foundation plantings, clusters of plantings in strategic areas, shade trees along roadways and pedestrian paths, and preservation of existing vegetation, where feasible.
R. 
Prior to the issuance of any construction permit for buildings in the MF-AH2 District, the Planning Board shall review and approve a site plan for the entire project, in accordance this chapter.
[Added 3-19-2019 by Ord. No. 1772]
A. 
Purpose.
(1) 
The purpose of the MF-AH3 Multifamily - Affordable Housing District 3 district is to provide for the construction of multifamily dwellings and to create a realistic opportunity for the construction of a portion of the Borough's affordable housing obligation.
(2) 
This section has been adopted, in part, pursuant to a settlement agreement, dated November 20, 2018, executed by and among Franklin Manor Properties, LLC and the Borough of Franklin Lakes with regard to the zoning of the lands commonly referred to as "Franklin Manor." The parties intend and it is hereby resolved that the terms and conditions of the settlement agreement shall be deemed included herein and made part hereof and shall be applicable to any such application or development.
B. 
The principal permitted uses allowed in the MF-AH3 District include the following:
(1) 
Multifamily dwellings.
C. 
The accessory permitted uses allowed in the MF-AH3 District include the following:
(1) 
Accessory uses and structures customarily incidental to permitted uses, provided they do not include any activity customarily conducted for gain, subject to § 300-121A.
(2) 
Private garages, subject to § 300-121C.
(3) 
Fences and walls, subject to § 300-121F.
(4) 
Cabanas, gazebos, toolsheds and garden sheds, subject to § 300-121G.
(5) 
Signs, subject to §§ 300-110.1M and 300-128.
(6) 
Off-street parking, including structured parking, subject to the Residential Site Improvement Standards, New Jersey Administrative Code, Title 5, Chapter 21.
(7) 
Incidental home occupations, subject to § 300-121J.
(8) 
Pump station/lift stations/utility structures and all customary appurtenances associated with a development in the same district.
(9) 
Stormwater management facilities, including detention/retention ponds, conveyance systems, and all other structures required for sound stormwater management control associated with a development in the same district.
(10) 
Recreational open space areas such as parks, preserves, recreation areas or facilities, tennis courts, lakes, ponds, bikeways, playgrounds and swimming facilities, along with structures and necessary features appurtenant thereto.
D. 
The conditional permitted uses allowed in the MF-AH3 District include the following:
(1) 
None.
E. 
Area and bulk standards for multifamily dwellings:
(1) 
Minimum lot area: 75,000 square feet.
(2) 
Minimum lot width: 100 feet.
(3) 
Minimum lot depth: 200 feet.
(4) 
Minimum front yard setback (Tice Road): 20 feet.
(5) 
Minimum side or rear yard setback: 15 feet.
(6) 
Minimum parking setback: six feet.
(7) 
Maximum total coverage: 75%.
(8) 
Maximum building height: four stories/58 feet.
(9) 
Maximum floor area ratio: 1.25.
(a) 
This shall exclude any portion of the building utilized for parking or vehicle circulation.
F. 
The maximum gross residential density shall be 30 dwelling units per acre, provided that the maximum number of dwellings permitted in the district shall not exceed 52 dwellings. In computing the number of units permitted, any portion of a unit less than 0.50 shall not be considered.
G. 
Planting and buffer requirements.
(1) 
Sections 300-71E 300-124 shall not apply.
(2) 
Building foundation plantings, clusters of plantings in strategic areas, shade trees along roadways and pedestrian paths shall be provided in order to enhance the appearance and function of the site.
(3) 
Vehicle parking, vehicle circulation areas and the building shall be screened from surrounding properties with a buffer of not less than five feet in width. The buffer may include plantings, fencing and/or a wall.
(4) 
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.
(5) 
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.
(6) 
Landscaping shall not cast excessive shade on adjacent properties, interfere with existing vegetation, interfere with light fixtures or interfere with adequate sight distance for vehicles or pedestrians.
H. 
Affordable housing.
(1) 
Not less than 15% of the total units developed on the tract shall be set aside for affordable housing.
(2) 
The required affordable housing shall be developed and rented in accordance with the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.), with the exception that 13% of the affordable units shall be restricted to very-low-income households. This shall include but not be limited to phasing, bedroom distribution, and affirmative marketing.
(3) 
The facade of a building or any portion of a building with affordable housing units shall be indistinguishable from the facade of a building with market-rate units of the same housing type developed on the tract.
(4) 
Affordable housing units shall be dispersed, to the greatest extent feasible, among market-rate units of the same housing type. This shall require not less than two affordable units on each building floor.
I. 
Loading shall not be required.
J. 
Exterior lighting shall meet § 300-59, including the lighting design standards for nonresidential uses.
A. 
The purpose of the RB-1 District is to encourage the development of a downtown commercial center containing a mixture of compatible land uses to be accommodated in a group of structures designed to enhance and promote the commercial center of the Borough. This area shall be planned pursuant to the recommendations of the Borough Master Plan. It shall be of integrated and compatible design with respect to the relationship and location of buildings, parking, circulation, walkways, landscape amenity, and buffer features.
B. 
Principal permitted uses.
[Amended 11-1-2011 by Ord. No. 1530; 11-12-2014 by Ord. No. 1607; 4-5-2016 by Ord. No. 1668; 10-3-2022 by Ord. No. 1884]
(1) 
The principal permitted uses allowed in the RB-1 District include the following:
(a) 
Professional offices, including, but not limited to, medical and dental offices, and surgical centers;
(b) 
Art and dance studios and art galleries, including photography;
(c) 
Retail sales, excluding sales of vehicles;
(d) 
Personal service establishments;
(e) 
Restaurants including, but not limited to, outdoor cafes, subject to § 300-127.1;
(f) 
Banks and similar financial institutions;
(g) 
Indoor theaters;
(h) 
Municipal buildings and uses;
(i) 
Gasoline service stations, subject to § 300-120G;
(j) 
Child-care facilities subject to § 300-120E;
(k) 
Dental laboratories;
(l) 
Any combination of two or more permitted uses.
(2) 
None of the foregoing permitted uses shall carry merchandise other than that to be sold at retail on the premises and provided that all services and sales are at retail and within enclosed buildings.
C. 
Accessory permitted uses allowed in the RB District include the following:
(1) 
Off-street parking, subject to §§ 300-71 and 300-72.
(2) 
Fences, subject to § 300-121F.
(3) 
Signs, subject to § 300-128.
(4) 
Child-care facilities, subject to § 300-121I.
D. 
Conditional permitted uses allowed in the RB District: none.
E. 
Prohibited uses. Any uses other than those permitted by this subsection shall be prohibited. Without in any way limiting the generality and prohibition of this subsection, nothing contained in this chapter shall be construed to permit any of the following uses in the RB or any other Business B District:
(1) 
Drive-in restaurants or refreshment stands, commonly called snack bars, dairy bars, hamburger stands, where customers and patrons thereof are served food, soft drinks, ice cream and similar confections which are prepared and served as to be intended for immediate consumption over a counter or bar to customers and patrons while seated or standing outside the confines of the building or structure in which the business is conducted, or served in cars by waiters or waitresses.
(2) 
Use of property for the open parking of any vehicle, unless clearly accessory to the use conducted on the premises.
(3) 
Residential uses.
(4) 
Automotive uses such as body and fender shops, auto glass shops, radiator repair shops, muffler shops, transmission repair shops, new and used car lots, unless clearly accessory to the use conducted on the premises.
(5) 
Junkyards and automobile wrecking yards.
(6) 
Discount stores and auction houses.
(7) 
Any process of manufacture, assembly or treatment which is not clearly incidental to a retail business conducted on the premises.
(8) 
Repair or machine shops, unless clearly accessory to a permitted use conducted on the premises.
(9) 
Self-operated and coin-operated dry-cleaning establishments and laundromats, and any other unattended self-operated establishment.
(10) 
Coal yards and commercial storage warehouses.
(11) 
Storage of crude oil or any of its volatile products or other flammable liquid in aboveground or underground tanks, unless clearly necessary to a permitted use.
(12) 
Commercial amusements other than movie theaters.
(13) 
Outdoor parking or storage of trailers, all types.
(14) 
Sales, processing, assembling, servicing or storage of materials, merchandise, supplies or displays shall be prohibited in any front, side or rear yard or any area of open space, including any aisle, sidewalk, walkway, driveway or accessway, except as herein provided.
(15) 
Storage of uncovered refuse or garbage.
(16) 
Accessory buildings, except well houses, pump houses and package septic systems.
(17) 
Motorcycle and motorbike sales and service establishments.
(18) 
Tattoo parlors if located within 1,000 feet of school or residential zone.
[Added 4-5-2016 by Ord. No. 1668]
(19) 
Retail stores principally devoted to sale of tobacco products or drug paraphernalia or products designed to facilitate tobacco use or drug paraphernalia if located within 1,000 feet of school or residential zone.
[Added 4-5-2016 by Ord. No. 1668]
(20) 
Drive-through facilities, including but not limited to those serving restaurants, banks, or pharmacies.
[Added 12-21-2021 by Ord. No. 1860]
F. 
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements set forth at the end of this chapter.
[1]
Editor's Note: The name of this district was changed from RB Retail Business District to RB-1 Retail Business 1 District 4-5-2016 by Ord. No. 1668.
[Added 4-5-2016 by Ord. No. 1668]
A. 
The purpose of the RB-2 District is to encourage the development and redevelopment of a compatible mixture of land uses that will complement the RB-1 District with special consideration of the locational significance of properties located at the intersection of Franklin Avenue and Colonial Road and the physical characteristics of those properties. The standards herein are intended to produce a walkable commercial district composed of small stores with high quality and distinctive architecture with a traditional style that is compatible with the character of the corridor and Franklin Lakes as a whole.
B. 
Principal permitted uses allowed in the RB-2 District shall include the following:
[Amended 10-3-2022 by Ord. No. 1884]
(1) 
Any principal permitted use allowed in the RB-1 District, as set forth in § 300-113, with the exception of childcare facilities and gasoline service stations.
C. 
Accessory permitted uses allowed in the RB-2 District shall include the following:
(1) 
All accessory uses permitted in the RB-1 District, excluding childcare facilities.
(2) 
Outdoor cafes, subject to § 300-127.1.
D. 
Conditional permitted uses allowed in the RB-2 District:
(1) 
None.
E. 
Prohibited uses in the RB-2 District: Any uses other than those permitted by this subsection shall be prohibited. Without in any way limiting the generality and prohibition of this subsection, nothing contained in this chapter shall be construed to permit any of the following uses in the RB-2 District: all uses prohibited in the RB-1 District.
[Amended 12-21-2021 by Ord. No. 1860]
F. 
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements set forth at the end of this chapter with the following exception:
(1) 
The maximum building height may be increased to two stories/40 feet if the following standards are met:
(a) 
First-floor facades which are visible from a public street shall be expressed as building modules that do not exceed 40 feet in width so as to eliminate blank walls, create more interesting architecture, and facilitate small-scale commercial opportunities. Architectural elements, including but not limited to piers, columns, insets, projections or other vertical elements, may be used to visually break up the plane of the first-floor facade.
(b) 
Where facing Franklin Avenue: a minimum of 60% of the ground-floor facade between three and 10 feet above grade and 30% of upper-floor facades shall be transparent and shall provide visual access to the street. Blanked-out windows, windows which display only signage, or look into unused or "dead" space do not meet this requirement.
(c) 
First-floor windows facing a public street shall be clear; tinted windows in this location are prohibited.
(d) 
Building facades shall be finished in stone veneer, stucco, brick, fiber cement panel and/or cast stone. Metal shall be used only for minor accentuation of other elements of the facade. Where facing Franklin Avenue, exterior insulation and finishing systems (EIFS) shall not be used on any portion of the building facade or column at a height of six feet or less.
(e) 
The upper-story facade setback shall vary where such facades face a public street. The maximum length of any continuous upper-story facade setback shall not exceed 75 feet. Facade segments should vary in setback by five feet or more.
(f) 
At least 50% of the front yard setback of the upper story shall be at least five feet greater than the front yard setback of the first floor.
(g) 
Awnings are required for not less than 40% of the first-floor building facade facing Franklin Avenue. Where provided, awnings shall be uniform in color and material.
G. 
Design standards.
(1) 
Retail and commercial uses (excluding medical and office uses) shall be oriented toward Franklin Avenue. Medical and office uses shall be located on the upper floor and may be oriented toward Colonial Road or other streets.
(2) 
Not less than 70% of first-floor facade facing Franklin Avenue shall consist of active retail and commercial uses, such as retail and restaurant space. Professional and medical offices are not active uses.
(3) 
Multiple principal buildings are prohibited on any lot for which the area is equal to or less than three acres.
(4) 
Buildings shall have a consistent architectural style.
(5) 
The maximum size of any individual commercial business (excluding office and medical use) should be limited to 20,000 square feet.
(6) 
Building entrances should be articulated to make it easily identifiable by visitors and to provide architectural interest. Examples of special features of entrances include, but are not limited to, awnings and architectural treatments.
(7) 
Awnings are encouraged. Where provided, awnings shall be uniform in color and material.
(8) 
When separate nonresidential tenants are housed in the ground floor of any building, separate entrances onto the sidewalk for each space should be provided, except when two stores share a vestibule.
(9) 
Upper-floor windows should be divided into individual units or groupings of individual units, rather than a continuous "ribbon."
(10) 
Consistent building materials shall be used on all sides of a building that is visible from a public street.
(11) 
Roof shape, color, and texture should be coordinated with the exterior materials of the building's facade.
(12) 
Roof design should minimize the negative impact of roof protrusions by grouping plumbing vents, ducts, and other utility structures together.
(13) 
Rooftop equipment such as mechanical units, vents, and flues should be located centrally on the building roof, to the extent practicable. Any equipment visible from a publicly accessible area, adjacent lots, and pedestrian corridors shall be screened using parapets, pitched roof forms, or penthouses. Screening shall be constructed of the same or complementary material as the building.
(14) 
Exterior lighting should be architecturally integrated with the building's style, material and color.
(15) 
Lighting focused downward should be used to reinforce pedestrian and vehicular circulation. Upward-focused lighting may be used to highlight architectural elements of the building facade.
(16) 
Sidewalks shall be provided along all road frontages. Sidewalks along Franklin Avenue shall continue the streetscape design, including sidewalk design, along adjacent properties.
(17) 
Sidewalks shall be provided along all building facades that include a building entrance. Sidewalks are encouraged to be a minimum of eight feet wide where located adjacent to retail or restaurant uses.
H. 
Bicycle parking shall be provided in the amount of 5% of provided vehicle spaces.
I. 
Shared driveways are encouraged for adjacent uses. Driveway setback standards shall not be applicable for properties served by the shared driveway.
J. 
Buffers and plantings shall meet the requirements of § 300-124 with the following exceptions which shall supersede any contradictory requirements:
(1) 
A minimum buffer of 10 feet shall be provided along all property lines. The Planning Board may reduce the buffer to a minimum of two feet where a ten-foot buffer would be impractical, where the reduced buffer area is not adjacent to a residential use or district, and where a row of evergreen shrubs is provided to screen parked vehicles.
(2) 
Shade trees shall not be required for properties east of Franklin Avenue.
A. 
The purpose of the LB-1 Limited Business District is to permit a limited and restrictive range of business uses at the perimeter of the Borough's central business district, due to the orientation of the lots in this zone, and their proximity to residential development.
B. 
The principal permitted uses allowed in the LB-1 District include the following:
(1) 
Business and professional offices.
(2) 
Gift shops, excluding novelty or discount stores.
(3) 
Antique shops.
(4) 
Nurseries or greenhouses.
(5) 
Municipal buildings and uses.
C. 
Accessory permitted uses allowed in the LB-1 District include the following:
(1) 
Off-street parking, subject to §§ 300-71 and 300-72.
(2) 
Fences, subject to §§ 300-121F.
(3) 
Signs, subject to § 300-128.
(4) 
Child-care facilities, subject to § 300-121I.
D. 
Conditional permitted uses allowed in the LB-1 District include the following: none.
E. 
Prohibited uses. Any uses other than those permitted by this section shall be prohibited. Without in any way limiting the generality and prohibition of this subsection, nothing contained in this chapter shall be construed to permit any of the following uses in the LB-1 District: all the prohibited uses set forth in §§ 300-113E; auction halls; gasoline service stations; novelty, discount or general retail stores; outdoor storage, display, processing, assembling, servicing or sales.
F. 
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements set forth at the end of this chapter.
A. 
The purpose of the LB-2 District is to acknowledge an existing small commercial area containing a number of allied uses.
B. 
The principal permitted uses allowed in the LB-2 District include the following:
(1) 
Business and professional offices.
(2) 
Banks and financial institutions.
(3) 
Municipal buildings and uses.
C. 
Accessory permitted uses allowed in the LB-2 District include the following:
(1) 
Off-street parking, subject to §§ 300-71 and 300-72.
(2) 
Fences, subject to § 300-121F
(3) 
Signs, subject to § 300-128.
(4) 
Child-care facilities, subject to § 300-121I.
D. 
Conditional permitted uses allowed in the LB-2 District include the following: none.
E. 
Prohibited uses. Any uses other than those permitted by this section shall be prohibited. Also see § 300-146E for additional provisions applicable herein.
F. 
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements set forth at the end of this chapter.
A. 
The purpose of the OB-RL District is to encourage integrated office research development which is harmonious and appropriate for its environment; and allocate space for large-scale administrative office, research office and laboratory uses utilizing open space and park-like surroundings, free from encroachment from residential uses, commercial establishments, industries or other office and research uses not able to conform to the herein provided restrictions.
B. 
The principal permitted uses allowed in the OB-RL District include the following:
(1) 
Office building for business, executive or administrative purposes, and scientific, engineering or research laboratories devoted to research design and/or experiments or processing and fabricating incidental thereto, provided that no materials or finished products shall be manufactured, processed or fabricated on the premises for sale, at wholesale, retail or otherwise, except such as are incidental to the laboratory research, design or experiments conducted on the premises.
(2) 
Professional, business or administrative offices.
(3) 
Premises for fraternal organizations restricted to member use only.
(4) 
Educational or philanthropic organizations.
(5) 
Municipal buildings and uses.
(6) 
Public utility office buildings.
(7) 
Child-care centers.
[Amended 5-3-2016 by Ord. No. 1675]
(8) 
Banks, savings banks, savings and loan associations.
(9) 
Retail sales and personal services for employees of other permitted uses and their guests as approved by the Planning Board.
(10) 
Museums, libraries, community cultural buildings and uses related thereto; provided, however, that such uses shall not be operated for fee or hire.
(11) 
Horticultural parks, together with related hothouses for the growing of plant life and the exhibitions thereof; provided, however, that the uses shall not be operated for fee or sale thereof.
(12) 
Outdoor recreational facilities and outbuildings related thereto, ponding areas, lakes and streams; provided, however, that the uses shall only be for the occupants of the building
(13) 
Parking areas for passenger and service vehicles necessary to or in connection with the above permitted uses
(14) 
Signs in accordance with the standards herein elsewhere established.
(15) 
Tennis courts and platform tennis courts; provided, however, that the uses shall not be operated for hire, provided further that any illuminating lights shall be located not less than 300 feet from any property lines and shall be erected in such a manner that they shall be properly shielded and not shine on any adjoining property.
C. 
Accessory permitted uses allowed in the OB-RL District include the following:
(1) 
Off-street parking, subject to §§ 300-71 and 300-72.
(2) 
Fences, subject to § 300-121F.
(3) 
Signs, subject to § 300-128.
(4) 
Child-care facilities, subject to § 300-121I.
(5) 
Employee educational programs as accessory to the principal use.
D. 
Conditional permitted uses allowed in the OB-RL District include the following: none.
E. 
Prohibited uses. Any uses other than those permitted herein shall be prohibited, including but not limited to the items listed in § 300-114E and the processing of garbage by the use of an incinerator or any other means designed to dispose of animal or vegetable matter, trash or ashes or other refuse matter, and including the use of land for the dumping of garbage for the purpose of using same as landfill in connection with a sanitary landfill plan; pilot plants; and research, testing or laboratory facilities devoted to chemical, biological, nuclear or radiological use except as incidental to a permitted use.
F. 
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements set forth at the end of this chapter. Also see § 300-127 for supplemental zone regulations.
A. 
The purpose of the HOB-RL Highway Office Building, Research and Laboratory District is to establish an area for large-scale administrative offices, research office and laboratory uses utilizing open space and park-like surroundings free from encroachment from residential uses, commercial establishments, industries or other offices and research uses not able to conform to the herein provided restrictions, and provide a transitional area between State Highway 208 and nearby residential developments or zones; and, to take advantage of the already existing State highway, thereby enabling office development at a location which will result in minimal traffic impact on secondary municipal streets.
B. 
The principal permitted uses allowed in the HOB-RL District include the following:
(1) 
Architecturally related office buildings for executive or administrative purposes, scientific engineering or research laboratories devoted to research, design and/or experiments and product development, marketing and quality testing, and for receiving, inspecting, culling defects and shipping back to warehouses of recalled for-sale products, or processing and fabricating incidental thereto, provided that no materials or finished products shall be manufactured, processed or fabricated on the premises for sale, at wholesale, retail or otherwise, except such as are incidental to said laboratory research, design or experiments and product development, marketing and quality testing, and for receiving, inspecting, culling defects and shipping back to warehouses of recalled for-sale products conducted on the premises. The entire lot may be divided into separate parcels or leasehold estates in connection with financing or development of office buildings and/or laboratories. In conjunction therewith, easements of enjoyment may be established for the benefit of the owners and occupants of individual parcels or leasehold estates with respect to common areas and other common improvements located on the remaining portion of the lot. In the event that any such parcel or leasehold estate is conveyed or otherwise acquired by reason of foreclosure or deed in lieu thereof under any mortgage or other security agreement, the acquiring party, and its successors in title, may occupy the land and building(s) affected thereby or lease the same to one or more tenants without restrictions as to the relationship of the owners and their tenants. Any parcel so conveyed or otherwise acquired shall be considered along with the remainder of the entire lot to determine compliance with the requirements of an HOB-RL District and the conditions of site plan approval which shall include the common areas and common improvements on the remainder of the entire lot. For the purposes of this subsection, common areas and common improvements shall include, but not be limited to, parking areas and parking structures, drainage facilities, buffer areas, roadways, access overpasses and sanitary facilities.
[Amended 2-15-2011 by Ord. No. 1512]
(2) 
Museums, libraries, community cultural buildings and uses related thereto; provided, however, that such uses shall not be operated for fee or hire.
(3) 
Horticultural parks, together with related hothouses, for the growing of plant life and the exhibition thereof; provided, however, that the uses shall not be operated for fee or hire or sale thereof.
(4) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B(4), concerning outdoor recreational facilities, ponding areas, lakes and streams, was repealed 2-15-2011 by Ord. No. 1512.
(5) 
Parking areas or structures for passenger and service vehicles necessary to or in connection with the above permitted uses designed in accordance with standards herein elsewhere established.
(6) 
Tennis courts and platform tennis courts; provided, however, that the uses shall not be operated for hire, and provided further that any illuminating lights shall be located not less than 300 feet from any property lines and shall be erected in such a manner that they shall be properly shielded and not visible on any adjoining property. The lighting of the tennis courts and/or platform tennis courts shall also comply with any and all requirements of tennis court lighting and any other ordinance enacted by the Borough.
(7) 
A preexisting residential structure of a fieldstone masonry construction may be used for any purpose consistent with the general provisions of the HOB-RL District or for residential use for an employee or contracted service employee.
[Amended 2-15-2011 by Ord. No. 1512]
C. 
Accessory permitted use allowed in the HOB-RL District include the following:
(1) 
Off-street parking, subject to §§ 300-71 and 300-72.
(2) 
Fences, subject to § 300-121F.
(3) 
Signs, subject to § 300-128.
(4) 
Child-care facilities, subject to § 300-121I.
(5) 
Employee educational programs as accessory to the principal use.
(6) 
Storage buildings.
[Added 2-15-2011 by Ord. No. 1512]
(7) 
Drop and storage areas for landscaping and construction materials.
[Added 2-15-2011 by Ord. No. 1512]
(8) 
Outdoor recreational facilities, and outbuildings related thereto, ponding areas, lakes and streams.
[Added 2-15-2011 by Ord. No. 1512]
D. 
Conditional permitted uses allowed in the HOB-RL District include the following: none.
E. 
Prohibited uses. Any uses other than those permitted by this section shall be prohibited, including but not limited to pilot plants, the items listed in § 300-114E and the processing of garbage by the use of an incinerator or any other means designed to dispose of animal or vegetable matter, trash or ashes or other refuse matter, and including the use of land for the dumping of garbage for the purpose of using same as landfill in connection with a sanitary landfill plan; and research, testing or laboratory facilities devoted to chemical, biological, nuclear or radiological use except as incidental to a permitted use.
F. 
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements set forth at the end of this chapter. Also see § 300-127 for supplemental zone regulations.
[Amended 7-9-2003 by Ord. No. 1257; 11-1-2011 by Ord. No. 1530]
A. 
The purpose of the I-1 Industrial District is to allow for a limited number of light industrial and related uses, which will be designed and integrated into the community to minimize any adverse impacts on the overall residential character of the Borough.
B. 
The principal permitted uses allowed in the I-1 Industrial District include the following:
(1) 
Book binderies.
(2) 
Bottling plants.
(3) 
Dairies and farms.
(4) 
Furniture manufacturing.
(5) 
Wholesale sales of hardware, appliance, plumbing and electrical supplies.
(6) 
Research and testing laboratories.
(7) 
Machine shops.
(8) 
Wholesale sales of office equipment and supplies.
(9) 
Optical and scientific instrument manufacture.
(10) 
Fabrication of musical instruments, paper products, sporting goods, toys, and wood products from previously prepared parts and basic materials.
(11) 
Printing establishments.
(12) 
Public utility substations.
(13) 
Sign manufacturing.
(14) 
Film processing and storage.
(15) 
Storage of construction equipment and commercial vehicles.
(16) 
Warehouses.
(17) 
Woodwork and millwork shops.
(18) 
Woven-label mills.
(19) 
Such other light industry in which the basic process involved is the fabrication or assembly of previously prepared materials, parts or components.
(20) 
Self-storage facilities, subject to § 300-120H.
(21) 
Automobile body shops, subject to § 300-120F.
(22) 
Indoor commercial recreation, including but not limited to gyms, fitness centers, health clubs, and health spas; permitted indoor commercial recreation facilities may include academic educational programs for those participating in the recreation activities where there are no more than 12 participants at any one time in the academic program and no more than 20% of the facility is utilized for academic programs.
[Amended 12-18-2018 by Ord. No. 1765]
(23) 
Offices, storage and/or workshops, including but not limited to facilities for artisans, carpenters, contractors, landscapers, pest control companies, and plumbers.
C. 
Accessory permitted use allowed in the I-1 District include the following:
(1) 
Off-street parking, subject to §§ 300-71 and 300-72.
(2) 
Fences, subject to § 300-121F.
(3) 
Signs, subject to § 300-128.
(4) 
Child-care facilities, subject to § 300-121I.
(5) 
Employee educational programs as accessory to the principal use.
(6) 
Dispensing gasoline to company vehicles, provided that the sale of gasoline to the public is prohibited.
(7) 
Offices, provided that the gross floor area of the office shall not exceed 50% of the total gross floor area of the permitted industrial use.
D. 
Conditional permitted uses allowed in the I-1 District include the following: none.
E. 
Prohibited uses. Any uses other than those permitted herein are prohibited, including but not limited to those items listed in § 300-114E, and the following:
(1) 
The slaughtering of animals or the manufacture, processing or conversion of any commodity of which the principal ingredient is refuse animal matter.
(2) 
The manufacture or mixing or compounding of acids or other corrosive chemicals; abrasives; ammonia; asphalt; caustic soda; cellulose; celluloid; cement; chlorine cleaning, bleaching or washing compounds; coaltar distillates; coke; cottonseed products; creosote or creosoted products; fertilizers; fireworks; acetylene gas, glue; gunpowder or other explosives; glucose; insecticides; lime; linoleum; matches; oilcloth, oils or petroleum products; paint; paper pulp; potash, shoeblack; soap; starch; stove polish; sulfur products; varnish; vinegar; wall plaster; wood distillates; and yeast.
(3) 
Incineration of animal or animals or animal matter by other than the Borough.
(4) 
Any trade, industry or purpose that is so noxious or offensive by reason of emission of odor, dust, smoke, gas or noise as to be dangerous to the public health, safety or general welfare.
(5) 
Any retail sales including the sale at retail of any item or product on or from the premises.
F. 
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements set forth at the end of this chapter.
[Amended 11-1-2011 by Ord. No. 1530]
A. 
The purpose of the I-2 Industrial District is to allow for a limited number of light industrial and related uses, which will be designed and integrated into the community to minimize any adverse impacts on the overall residential character of the Borough.
B. 
The principal permitted uses allowed in the I-2 District include the following:
(1) 
Any principal permitted use allowed in the I-1 District, as set forth in § 300-118B.
(2) 
Automobile body shops, subject to § 300-120G.
C. 
Accessory permitted use allowed in the 1-2 District include the following:
(1) 
Off-street parking, subject to §§ 300-71 and 300-72.
(2) 
Fences, subject to § 300-121F.
(3) 
Signs, subject to § 300-128.
(4) 
Child-care facilities, subject to § 300-121I.
(5) 
Employee educational programs as accessory to the principal use.
(6) 
Dispensing gasoline to company vehicles, provided that sale of gasoline to the public is prohibited.
D. 
Conditional permitted uses allowed in the I-2 District include the following: none.
E. 
Prohibited uses. The uses prohibited in the I-1 Industrial District, as set forth in § 300-118E, are also prohibited in the I-2 Industrial District.
F. 
The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements at the end of this chapter.
[Added 4-14-2004 by Ord. No. 1280]
The following permitted uses are the only uses permitted in the REC Zoning District:
A. 
Facilities devoted to active and passive recreational pursuits, including by way of example the following: swimming, boating, fishing, golf, tennis, paddle tennis, softball, jogging, walking and similar related recreational activities.
B. 
Commercial uses with a direct close relationship to the recreational uses, such as the sale of equipment utilized in the recreational activity.
C. 
Restaurant or tea room, provided that 75% of its eating capacity will be at tables; all window/counter service is prohibited except for members of Indian Trail Club and their guests utilizing the facilities.
D. 
Accessory uses and structures allowed in the REC District are limited to those uses which are related to and secondary to the principal recreation use and include the following:
(1) 
Clubhouse use and associated facilities, including restaurant, provided that all food prepared shall be for consumption on the property; all window/counter service is prohibited except for members of Indian Trail Club and their guests utilizing the facilities, and parties, receptions, meetings, banquets, swimming and picnicking for club members and their guests.
(2) 
Accessory uses and structures customarily incidental to the principal recreation uses, including recreational structures and equipment used to provide instruction to individuals utilizing the recreation facility.
(3) 
Garages and other structures utilized to house equipment customarily utilized to maintain the recreational facility. Sheds used for irrigation equipment, landscaping materials and supplies.
(4) 
Swimming pools, tennis courts, paddle tennis courts, softball or baseball fields, and all structures normally associated with those uses and facilities.
(5) 
Fences and walls subject to § 300-121F.
(6) 
Cabanas, gazebos, tool sheds, and garden sheds subject to § 300-121G.
(7) 
Signs subject to § 300-128.
(8) 
Outdoor storage of maintenance equipment and composting in areas presently used at the time of adoption of this section or approved by the Planning or Zoning Board.
(9) 
Outdoor storage of boats, docks and lake-related equipment and facilities.
[Added 4-14-2004 by Ord. No. 1280]
A. 
The applicable area, bulk requirements, and setback requirements of this Zone should be as follows:
(1) 
Minimum lot area: N/A.
(2) 
Minimum lot width: N/A.
(3) 
Minimum radius from center point: N/A.
(4) 
Minimum building setback (all lot lines): 150 feet.
(5) 
Maximum building coverage: see below.
(6) 
Maximum total coverage (lake and ponds not included in calculation): 30%.
[Amended 11-9-2005 by Ord No. 1331; 10-19-2010 by Ord. No. 1498]
(7) 
Maximum building height: 40 feet.
(8) 
Density/floor area ratio: N/A.
B. 
The off-street parking requirements for this Zone are as follows:
(1) 
Restaurant: one space per three seats.
(2) 
Clubhouse event: one space per three seats.
(3) 
Tennis courts: four spaces per court.
(4) 
Paddle tennis courts: four spaces per court.
(5) 
Picnic area: one space per table.
(6) 
Beach: 25 spaces.
(7) 
Employees per shift: one space/two employees.
C. 
Lot coverage. It is acknowledged that the principal purpose of this section is to retain and promote open space and recreation facilities. In view of this, any future decrease in the existing open space resulting from an expansion of building footprints shall require Planning Board approval and shall not be permitted unless it is demonstrated that the structures add to and promote the principal use of the property as a recreational facility. Planning Board approval shall not be required for the addition of facilities or structures where the use is limited to recreation, such as tennis facilities or structures, paddle tennis courts, docks, additional parking, pool, and shall also not apply to an addition to a present structure which does not increase the footprint of the present structure by more than 20%.
[Added 5-7-2019 by Ord. No. 1785]
A. 
Purpose.
(1) 
The purpose of the Affordable Housing Overlay 1 District (hereinafter AHO-1) is to provide for the construction of mixed-used development that includes a required affordable housing component to satisfy a portion of the Borough's affordable housing obligation pursuant to the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq., the rules of the New Jersey Council on Affordable Housing, and the 2018 settlement agreement between the Borough and Fair Share Housing Center.
B. 
The principal permitted uses allowed in the AHO-1 District include the following:
(1) 
All uses permitted in the RB-2 Zoning District, provided upper story uses equal to or greater in floor area consist of residential uses as permitted herein.
(2) 
Townhouse dwelling units.
(3) 
Multifamily dwelling units.
(4) 
Any combination of one or more permitted uses.
C. 
The accessory permitted uses allowed in the AHO-1 District include the following:
(1) 
Accessory uses and structures customarily incidental to permitted uses, subject to § 300-121A.
(2) 
Private garages, as part of an approved development plan.
(3) 
Signs, subject to § 300-128.
(4) 
Off-street parking, including structured parking.
(5) 
Incidental home occupations, subject to § 300-121J.
(6) 
Recreational open space areas such as parks, preserves, recreation areas or facilities, tennis courts, lakes, ponds, bikeways, playgrounds and swimming facilities, along with structures and necessary features appurtenant thereto.
D. 
The conditional uses allowed in the AHO-1 District include the following:
(1) 
None.
E. 
Affordable housing.
(1) 
The required affordable housing set-aside for any type of development is 15% where the affordable units shall be for rent, and 20% where the affordable units shall be for sale.
(2) 
Affordable housing units shall comply with the Borough's affordable housing regulations and the Uniform Housing Affordability Control Rules (N.J.A.C. 5:80-26.1 et seq.), which shall control in the case of any conflicts with this section, provided that a minimum of 13% of the total low- and moderate-income units shall be affordable to very-low-income households (i.e., 30% or less of median income).
F. 
Area and bulk standards.
(1) 
Residential density shall not exceed 12 units per acre.
(2) 
Minimum tract area: 12 acres.
(3) 
Minimum lot width: 200 feet.
(4) 
Building setbacks:
(a) 
Minimum front yard: 45 feet.
[1] 
May be reduced to 30 feet if no vehicular parking is provided; no lateral driveway is constructed; no paving is provided other than walkways or entrance and exit drives; and the front yard is suitably landscaped.
(b) 
Minimum side yard: 20 feet.
(c) 
Minimum rear yard: 20 feet.
(5) 
Maximum building coverage: 50%.
(6) 
Maximum lot coverage: 80%.
(7) 
Maximum building height: three stories/46 feet.
(a) 
Buildings or portions of buildings within 100 feet of a public street shall not exceed 2.5 stories/30 feet.
(8) 
Minimum setback to driveway, drive aisle or off-street parking: 10 feet.
(a) 
Excludes private garages and parking within driveways.
G. 
Building requirements.
(1) 
Buildings located along Franklin Avenue shall be oriented toward Franklin Avenue with all or a significant portion located parallel to the street. This shall not apply to any building located behind another building. Orientation shall include the provision of one or more primary building entrances.
(2) 
The first floor of any building(s), or portion of a building(s), oriented toward a public street shall consist of nonresidential uses.
(3) 
First-floor residential units shall not face Franklin Avenue.
(4) 
Multiple principal buildings shall be permitted on a lot.
(5) 
Minimum distance between buildings:
(a) 
Front to any facade: 60 feet.
(b) 
Rear to any facade: 50 feet.
(c) 
Side to any facade: 30 feet.
(d) 
Maximum units per building:
[1] 
Townhouses: eight units.
[2] 
Multifamily: 40 units.
(6) 
Maximum building length: 200 feet.
(7) 
An overall theme of design and architectural motif shall be utilized within the development for the purpose of presenting an aesthetically desirable effect and shall be such that they provide varied building elevations, design and structural appearance within the context of the unifying theme.
(8) 
The front facade of a residential building shall not continue on the same plane for a linear distance of more than 75 feet. Minimum two-foot offsets shall be required at breaks in the facade planes.
(9) 
All townhouse dwellings shall provide at least one off-street parking space within an enclosed garage located in the rear yard with access from a lane/alley. Front-loaded garages and side-loaded garages requiring access in the front of the townhouse buildings they are intended to serve are prohibited.
(10) 
Townhouse dwelling lots shall have their rear lot lines coinciding with an alley 24 feet wide containing a vehicular pavement width of at least 10 feet one-way and 16 feet two-way.
(11) 
First-floor facades containing nonresidential uses which are visible from a public street shall be expressed as building modules that do not exceed 40 feet in width so as to eliminate blank walls, create more interesting architecture, and facilitate small-scale commercial opportunities. Architectural elements, including but not limited to piers, columns, insets, projections or other vertical elements, may be used to visually break up the plane of the first-floor facade.
(12) 
Where facing Franklin Avenue, nonresidential uses shall have a minimum of 60% of the ground-floor facade between three and 10 feet above grade and 30% of upper-floor facades shall be transparent and shall provide visual access to the street. Blanked-out windows, windows which display only signage, or windows that look into unused or "dead" space do not meet this requirement.
(13) 
First-floor windows facing a public street shall be clear; tinted windows in this location are prohibited.
(14) 
Building facades shall be finished in stone veneer, stucco, brick, fiber cement panel and/or cast stone. Metal shall be used only for minor accentuation of other elements of the facade. Where facing a public street, exterior insulation and finishing systems (EIFS) shall not be used on any portion of the building facade or column at a height of six feet or less.
(15) 
The maximum size of any individual commercial business (excluding office and medical use) should be limited to 20,000 square feet.
(16) 
Building entrances should be articulated to make them easily identifiable by visitors and to provide architectural interest. Examples of special features of entrances include, but are not limited to, awnings and architectural treatments.
(17) 
Awnings are encouraged. Where provided, awnings shall be uniform in color and material.
(18) 
When separate nonresidential tenants are housed in the ground floor of any building, separate entrances onto the sidewalk for each space should be provided, except when two stores share a vestibule.
(19) 
Upper-floor windows should be divided into individual units or groupings of individual units, rather than a continuous "ribbon."
(20) 
Consistent building materials shall be used on all sides of a building that is visible from a public street.
(21) 
Structured parking facing a public street shall not exceed one story (parking level) and shall be screened by structural elements that are compatible with the materials and design of the front and side building facades.
(22) 
Roof design:
(a) 
Roof shape, color, and texture should be coordinated with the exterior materials of the building's facade.
(b) 
Roof design should minimize the negative impact of roof protrusions by grouping plumbing vents, ducts, and other utility structures together.
(c) 
Rooftop equipment such as mechanical units, vents, and flues should be located centrally on the building roof, to the extent practicable. Any equipment visible from a publicly accessible area, adjacent lots, and pedestrian corridors shall be screened using parapets, pitched roof forms, or penthouses. Screening shall be constructed of the same material as the building, or complementary material.
H. 
Buffer and planting requirements.
(1) 
Buffers and plantings shall be consistent with the requirements for the RB District in § 300-124.
(2) 
Required buffers may be entirely or partially satisfied with existing growth of evergreen and deciduous trees and shrubbery. Buffers which do not provide a suitable screen as required above 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.
(3) 
All townhouse, multifamily and mixed-use developments shall be provided with an aesthetically pleasing and functional landscape component. Building foundation plantings, planting clusters located in strategic areas, shade trees along roadways and sidewalks shall be incorporated into an overall landscape plan. Native landscaping shall be used to the greatest extent possible.
(4) 
Street trees shall be provided along all public and private roads consistent with § 300-66, Shade trees and landscaping, and Chapter 453, Trees.
(5) 
Article XX, Tree Removal and Replacement, shall only apply to any disturbance in excess of the approved final grading and tree removal plans.
I. 
Miscellaneous requirements.
(1) 
Not more than one row of vehicle parking shall be located between a building and a public street.
(2) 
Bicycle parking shall be provided at a rate of not less than 5% of the required parking spaces.
(3) 
Maximum distance between off-street parking space and the unit served: 200 feet.
(4) 
Exterior lighting should be architecturally integrated with the building's style, material and color.
(5) 
Lighting focused downward should be used to reinforce pedestrian and vehicular circulation. Upward-focused lighting may be used to highlight architectural elements of the building facade.
(6) 
Sidewalks shall be provided along all road frontages. Sidewalks along Franklin Avenue shall continue the streetscape design, including sidewalk design, along adjacent properties. Sidewalks shall also be provided along all building facades that include a building entrance. Sidewalks are encouraged to be a minimum of eight feet wide where located adjacent to retail or restaurant uses. Sidewalks shall be designed and constructed pursuant to the Borough Code as well as the New Jersey Residential Site Improvement Standards (R.S.I.S.), N.J.A.C. 5:21.
(7) 
The site and building shall meet applicable fire safety and code requirements.
[Added 5-7-2019 by Ord. No. 1785]
A. 
Purpose.
(1) 
The purpose of the Affordable Housing Overlay 2 District (hereinafter AHO-2) is to provide for the construction of mixed-used development that includes a required affordable housing component to satisfy a portion of the Borough's affordable housing obligation pursuant to the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq., the rules of the New Jersey Council on Affordable Housing, and the 2018 settlement agreement between the Borough and Fair Share Housing Center.
B. 
The principal permitted uses allowed in the AHO-2 District include the following:
(1) 
All uses permitted in the RB-2 Zoning District, provided upper-story uses equal to or greater in floor area consist of residential uses as permitted herein.
(2) 
Townhouse dwelling units.
(3) 
Multifamily dwelling units.
(4) 
Any combination of one or more permitted uses.
C. 
The accessory permitted uses allowed in the AHO-3 District include the following:
(1) 
Accessory uses and structures customarily incidental to permitted uses, subject to § 300-121A.
(2) 
Private garages, as part of an approved development plan.
(3) 
Signs, subject to § 300-128.
(4) 
Off-street parking, including structured parking.
(5) 
Incidental home occupations, subject to § 300-121J.
(6) 
Recreational open space areas such as parks, preserves, recreation areas or facilities, tennis courts, lakes, ponds, bikeways, playgrounds and swimming facilities, along with structures and necessary features appurtenant thereto.
D. 
The conditional uses allowed in the AHO-2 District include the following:
(1) 
None.
E. 
Affordable housing.
(1) 
The required affordable housing set-aside for any type of development is 15% where the affordable units shall be for rent, and 20% where the affordable units shall be for sale.
(2) 
Affordable housing units shall comply with the Borough's affordable housing regulations and the Uniform Housing Affordability Control Rules (N.J.A.C. 5:80-26.1 et seq.), which shall control in the case of any conflicts with this section, provided that a minimum of 13% of the total low- and moderate-income units shall be affordable to very-low-income households (i.e., 30% or less of median income).
F. 
Area and bulk standards.
(1) 
Residential density shall not exceed 14 units per acre.
(2) 
Minimum tract area: 2.5 acres.
(3) 
Minimum lot width: 150 feet.
(4) 
Building setbacks:
(a) 
Minimum front yard: 45 feet.
[1] 
May be reduced to 30 feet if no vehicular parking is provided; no lateral driveway is constructed; no paving is provided other than walkways or entrance and exit drives; and the front yard is suitably landscaped.
(b) 
Minimum side yard: 20 feet
(c) 
Minimum rear yard: 20 feet.
(5) 
Maximum building coverage: 50%
(6) 
Maximum lot coverage: 80%.
(7) 
Maximum building height: three stories/46 feet.
(a) 
Buildings or portions of buildings within 100 feet of a public street shall not exceed 2.5 stories/30 feet.
(8) 
Minimum setback to driveway, drive aisle or off-street parking: 10 feet.
(a) 
Excludes private garages and parking within driveways.
G. 
Building requirements.
(1) 
Buildings located along Franklin Avenue shall be oriented toward Franklin Avenue with all or a significant portion located parallel to the street. This shall not apply to any building located behind another building. Orientation shall include the provision of one or more primary building entrances.
(2) 
The first floor of any building(s), or portion of a building(s), oriented toward a public street shall consist of nonresidential uses.
(3) 
First-floor residential units shall not face Franklin Avenue.
(4) 
Multiple principal buildings shall be permitted on a lot.
(5) 
Minimum distance between buildings:
(a) 
Front to any facade: 60 feet.
(b) 
Rear to any facade: 50 feet.
(c) 
Side to any facade: 30 feet.
(d) 
Maximum units per building:
[1] 
Townhouses: eight units.
[2] 
Multifamily: 40 units.
(6) 
Maximum building length: 200 feet.
(7) 
An overall theme of design and architectural motif shall be utilized within the development for the purpose of presenting an aesthetically desirable effect and shall be such that they provide varied building elevations, design and structural appearance within the context of the unifying theme.
(8) 
The front facade of a residential building shall not continue on the same plane for a linear distance of more than 75 feet. Minimum two-foot offsets shall be required at breaks in the facade planes.
(9) 
All townhouse dwellings shall provide at least one off-street parking space within an enclosed garage located in the rear yard with access from a lane/alley. Front-loaded garages and side-loaded garages requiring access in the front of the townhouse buildings they are intended to serve are prohibited.
(10) 
Townhouse dwelling lots shall have their rear lot lines coinciding with an alley 24 feet wide containing a vehicular pavement width of at least 10 feet one-way and 16 feet two-way.
(11) 
First-floor facades containing nonresidential uses which are visible from a public street shall be expressed as building modules that do not exceed 40 feet in width so as to eliminate blank walls, create more interesting architecture, and facilitate small-scale commercial opportunities. Architectural elements, including but not limited to piers, columns, insets, projections or other vertical elements, may be used to visually break up the plane of the first-floor facade.
(12) 
Where facing Franklin Avenue, nonresidential uses shall have a minimum of 60% of the ground-floor facade between three and 10 feet above grade, and 30% of upper-floor facades shall be transparent and shall provide visual access to the street. Blanked-out windows, windows which display only signage, or windows that look into unused or "dead" space do not meet this requirement.
(13) 
First-floor windows facing a public street shall be clear; tinted windows in this location are prohibited.
(14) 
Building facades shall be finished in stone veneer, stucco, brick, fiber cement panel and/or cast stone. Metal shall be used only for minor accentuation of other elements of the facade. Where facing a public street, exterior insulation and finishing systems (EIFS) shall not be used on any portion of the building facade or column at a height of six feet or less.
(15) 
The maximum size of any individual commercial business (excluding office and medical use) should be limited to 20,000 square feet.
(16) 
Building entrances should be articulated to make them easily identifiable by visitors and to provide architectural interest. Examples of special features of entrances include, but are not limited to, awnings and architectural treatments.
(17) 
Awnings are encouraged. Where provided, awnings shall be uniform in color and material.
(18) 
When separate nonresidential tenants are housed in the ground floor of any building, separate entrances onto the sidewalk for each space should be provided, except when two stores share a vestibule.
(19) 
Upper-floor windows should be divided into individual units or groupings of individual units, rather than a continuous "ribbon."
(20) 
Consistent building materials shall be used on all sides of a building that is visible from a public street.
(21) 
Structured parking facing a public street shall not exceed one story (parking level) and shall be screened by structural elements that are compatible with the materials and design of the front and side building facades.
(22) 
Roof design:
(a) 
Roof shape, color, and texture should be coordinated with the exterior materials of the building's facade.
(b) 
Roof design should minimize the negative impact of roof protrusions by grouping plumbing vents, ducts, and other utility structures together.
(c) 
Rooftop equipment such as mechanical units, vents, and flues should be located centrally on the building roof, to the extent practicable. Any equipment visible from a publicly accessible area, adjacent lots, and pedestrian corridors shall be screened using parapets, pitched roof forms, or penthouses. Screening shall be constructed of the same material as the building, or complementary material.
H. 
Buffer and planting requirements.
(1) 
Buffers and plantings shall be consistent with the requirements for the RB District in § 300-124.
(2) 
Required buffers may be entirely or partially satisfied with existing growth of evergreen and deciduous trees and shrubbery. Buffers which do not provide a suitable screen as required above 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.
(3) 
All townhouse, multifamily and mixed-use developments shall be provided with an aesthetically pleasing and functional landscape component. Building foundation plantings, planting clusters located in strategic areas, shade trees along roadways and sidewalks shall be incorporated into an overall landscape plan. Native landscaping shall be used to the greatest extent possible.
(4) 
Street trees shall be provided along all public and private roads consistent with § 300-66, Shade trees and landscaping, and Chapter 453, Trees.
(5) 
Article XX, Tree Removal and Replacement, shall only apply to any disturbance in excess of the approved final grading and tree removal plans.
I. 
Miscellaneous requirements.
(1) 
Not more than one row of vehicle parking shall be located between a building and a public street.
(2) 
Bicycle parking shall be provided at a rate of not less than 5% of the required parking spaces.
(3) 
Maximum distance between off-street parking space and the unit served: 200 feet.
(4) 
Exterior lighting should be architecturally integrated with the building's style, material and color.
(5) 
Lighting focused downward should be used to reinforce pedestrian and vehicular circulation. Upward-focused lighting may be used to highlight architectural elements of the building facade.
(6) 
Sidewalks shall be provided along all road frontages. Sidewalks along Franklin Avenue shall continue the streetscape design, including sidewalk design, along adjacent properties. Sidewalks shall also be provided along all building facades that include a building entrance. Sidewalks are encouraged to be a minimum of eight feet wide where located adjacent to retail or restaurant uses. Sidewalks shall be designed and constructed pursuant to the Borough Code as well as the New Jersey Residential Site Improvement Standards (R.S.I.S.), N.J.A.C. 5:21.
(7) 
The site and building shall meet applicable fire safety and code requirements.
[Added 5-7-2019 by Ord. No. 1785]
A. 
Purpose.
(1) 
The purpose of the Affordable Housing Overlay 3 District (hereinafter AHO-3) is to provide for the construction of mixed-used development that includes a required affordable housing component to satisfy a portion of the Borough's affordable housing obligation pursuant to the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq., the rules of the New Jersey Council on Affordable Housing, and the 2018 settlement agreement between the Borough and Fair Share Housing Center.
B. 
The principal permitted uses allowed in the AHO-3 District include the following:
(1) 
All uses permitted in the RB-2 Zoning District, provided upper-story uses equal to or greater in floor area consist of residential uses as permitted herein.
(2) 
Townhouse dwelling units.
(3) 
Multifamily dwelling units.
(4) 
Any combination of one or more permitted uses.
C. 
The accessory permitted uses allowed in the AHO-3 District include the following:
(1) 
Accessory uses and structures customarily incidental to permitted uses, subject to § 300-121A.
(2) 
Private garages, as part of an approved development plan.
(3) 
Signs, subject to § 300-128.
(4) 
Off-street parking, including structured parking.
(5) 
Incidental home occupations, subject to § 300-121J.
(6) 
Recreational open space areas such as parks, preserves, recreation areas or facilities, tennis courts, lakes, ponds, bikeways, playgrounds and swimming facilities, along with structures and necessary features appurtenant thereto.
D. 
The conditional uses allowed in the AHO-3 District include the following:
(1) 
None.
E. 
Affordable housing.
(1) 
The required affordable housing set-aside for any type of development is 15% where the affordable units shall be for rent, and 20% where the affordable units shall be for sale.
(2) 
Affordable housing units shall comply with the Borough's affordable housing regulations and the Uniform Housing Affordability Control Rules (N.J.A.C. 5:80-26.1 et seq.), which shall control in the case of any conflicts with this section, provided that a minimum of 13% of the total low- and moderate-income units shall be affordable to very-low-income households (i.e., 30% or less of median income).
F. 
Area and bulk standards.
(1) 
Residential density shall not exceed 10 units per acre.
(2) 
Minimum tract area: nine acres.
(3) 
Minimum lot width: 200 feet.
(4) 
Building setbacks:
(a) 
Minimum front yard: 45 feet.
[1] 
May be reduced to 30 feet if no vehicular parking is provided; no lateral driveway is constructed; no paving is provided other than walkways or entrance and exit drives; and the front yard is suitably landscaped.
(b) 
Minimum side yard: 20 feet.
(c) 
Minimum rear yard: 20 feet.
(5) 
Maximum building coverage: 50%.
(6) 
Maximum lot coverage: 80%.
(7) 
Maximum building height: three stories/46 feet.
(a) 
Buildings or portions of buildings within 100 feet of a public street shall not exceed 2.5 stories/30 feet.
(8) 
Minimum setback to driveway, drive aisle or off-street parking: 10 feet.
(a) 
Excludes private garages and parking within driveways.
G. 
Building requirements.
(1) 
Buildings located along a public street shall be oriented toward said public street with all or a significant portion located parallel to the street. This shall not apply to any building located behind another building. Orientation shall include the provision of one or more primary building entrances.
(2) 
The first floor of any building(s), or portion of a building(s), oriented toward a public street shall consist of nonresidential uses.
(3) 
First-floor residential units shall not face a public street.
(4) 
Multiple principal buildings shall be permitted on a lot.
(5) 
Minimum distance between buildings:
(a) 
Front to any facade: 60 feet.
(b) 
Rear to any facade: 50 feet.
(c) 
Side to any facade: 30 feet.
(d) 
Maximum units per building:
[1] 
Townhouses: eight units.
[2] 
Multifamily: 40 units.
(6) 
Maximum building length: 200 feet.
(7) 
An overall theme of design and architectural motif shall be utilized within the development for the purpose of presenting an aesthetically desirable effect and shall be such that they provide varied building elevations, design and structural appearance within the context of the unifying theme.
(8) 
The front facade of a residential building shall not continue on the same plane for a linear distance of more than 75 feet. Minimum two-foot offsets shall be required at breaks in the facade planes.
(9) 
All townhouse dwellings shall provide at least one off-street parking space within an enclosed garage located in the rear yard with access from a lane/alley. Front-loaded garages and side-loaded garages requiring access in the front of the townhouse buildings they are intended to serve are prohibited.
(10) 
Townhouse dwelling lots shall have their rear lot lines coinciding with an alley 24 feet wide containing a vehicular pavement width of at least 10 feet one-way and 16 feet two-way.
(11) 
First-floor facades containing nonresidential uses which are visible from a public street shall be expressed as building modules that do not exceed 40 feet in width so as to eliminate blank walls, create more interesting architecture, and facilitate small-scale commercial opportunities. Architectural elements, including but not limited to piers, columns, insets, projections or other vertical elements, may be used to visually break up the plane of the first-floor facade.
(12) 
Where facing a public street, nonresidential uses shall have a minimum of 60% of the ground-floor facade between three and 10 feet above grade, and 30% of upper-floor facades shall be transparent and shall provide visual access to the street. Blanked-out windows, windows which display only signage, or windows that look into unused or "dead" space do not meet this requirement.
(13) 
First-floor windows facing a public street shall be clear; tinted windows in this location are prohibited.
(14) 
Building facades shall be finished in stone veneer, stucco, brick, fiber cement panel and/or cast stone. Metal shall be used only for minor accentuation of other elements of the facade. Where facing a public street, exterior insulation and finishing systems (EIFS) shall not be used on any portion of the building facade or column at a height of six feet or less.
(15) 
The maximum size of any individual commercial business (excluding office and medical use) should be limited to 20,000 square feet.
(16) 
Building entrances should be articulated to make them easily identifiable by visitors and to provide architectural interest. Examples of special features of entrances include, but are not limited to, awnings and architectural treatments.
(17) 
Awnings are encouraged. Where provided, awnings shall be uniform in color and material.
(18) 
When separate nonresidential tenants are housed in the ground floor of any building, separate entrances onto the sidewalk for each space should be provided, except when two stores share a vestibule.
(19) 
Upper-floor windows should be divided into individual units or groupings of individual units, rather than a continuous "ribbon."
(20) 
Consistent building materials shall be used on all sides of a building that is visible from a public street.
(21) 
Structured parking facing a public street shall not exceed one story (parking level) and shall be screened by structural elements that are compatible with the materials and design of the front and side building facades.
(22) 
Roof design:
(a) 
Roof shape, color, and texture should be coordinated with the exterior materials of the building's facade.
(b) 
Roof design should minimize the negative impact of roof protrusions by grouping plumbing vents, ducts, and other utility structures together.
(c) 
Rooftop equipment such as mechanical units, vents, and flues should be located centrally on the building roof, to the extent practicable. Any equipment visible from a publicly accessible area, adjacent lots, and pedestrian corridors shall be screened using parapets, pitched roof forms, or penthouses. Screening shall be constructed of the same material as the building, or complementary material.
H. 
Buffer and planting requirements.
(1) 
Buffers and plantings shall be consistent with the requirements for the RB District in § 300-124.
(2) 
Required buffers may be entirely or partially satisfied with existing growth of evergreen and deciduous trees and shrubbery. Buffers which do not provide a suitable screen as required above 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.
(3) 
All townhouse, multifamily and mixed-use developments shall be provided with an aesthetically pleasing and functional landscape component. Building foundation plantings, planting clusters located in strategic areas, shade trees along roadways and sidewalks shall be incorporated into an overall landscape plan. Native landscaping shall be used to the greatest extent possible.
(4) 
Street trees shall be provided along all public and private roads consistent with § 300-66, Shade trees and landscaping, and Chapter 453, Trees.
(5) 
Article XX, Tree Removal and Replacement, shall only apply to any disturbance in excess of the approved final grading and tree removal plans.
I. 
Miscellaneous requirements.
(1) 
Not more than one row of vehicle parking shall be located between a building and a public street.
(2) 
Bicycle parking shall be provided at a rate of not less than 5% of the required parking spaces.
(3) 
Maximum distance between off-street parking space and the unit served: 200 feet.
(4) 
Exterior lighting should be architecturally integrated with the building's style, material and color.
(5) 
Lighting focused downward should be used to reinforce pedestrian and vehicular circulation. Upward-focused lighting may be used to highlight architectural elements of the building facade.
(6) 
Sidewalks shall be provided along all road frontages. Sidewalks along Franklin Avenue shall continue the streetscape design, including sidewalk design, along adjacent properties. Sidewalks shall also be provided along all building facades that include a building entrance. Sidewalks are encouraged to be a minimum of eight feet wide where located adjacent to retail or restaurant uses. Sidewalks shall be designed and constructed pursuant to the Borough Code as well as the New Jersey Residential Site Improvement Standards (R.S.I.S.), N.J.A.C. 5:21.
(7) 
The site and building shall meet applicable fire safety and code requirements.
[Added 5-7-2019 by Ord. No. 1785]
A. 
Purpose.
(1) 
The purpose of the Affordable Housing Overlay 4 District (hereinafter AHO-4) is to provide for the construction of residential development that includes a required affordable housing component to satisfy a portion of the Borough's affordable housing obligation pursuant to the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq., the rules of the New Jersey Council on Affordable Housing, and the 2018 settlement agreement between the Borough and Fair Share Housing Center.
B. 
The principal permitted uses allowed in the AHO-4 District include the following:
(1) 
Townhouse dwelling units.
(2) 
Multifamily dwelling units.
(3) 
Any combination of one or more permitted uses.
C. 
The accessory permitted uses allowed in the AHO-4 District include the following:
(1) 
Accessory uses and structures customarily incidental to permitted uses, subject to § 300-121A.
(2) 
Private garages, as part of an approved development plan.
(3) 
Signs, subject to § 300-128.
(4) 
Off-street parking, including structured parking.
(5) 
Incidental home occupations, subject to § 300-121J.
(6) 
Recreational open space areas such as parks, preserves, recreation areas or facilities, tennis courts, lakes, ponds, bikeways, playgrounds and swimming facilities, along with structures and necessary features appurtenant thereto.
D. 
The conditional uses allowed in the AHO-4 District include the following:
(1) 
None.
E. 
Affordable housing.
(1) 
The required affordable housing set-aside for any type of development is 15% where the affordable units shall be for rent, and 20% where the affordable units shall be for sale.
(2) 
Affordable housing units shall comply with the Borough's affordable housing regulations and the Uniform Housing Affordability Control Rules (N.J.A.C. 5:80-26.1 et seq.), which shall control in the case of any conflicts with this section, provided that a minimum of 13% of the total low- and moderate-income units shall be affordable to very-low-income households (i.e., 30% or less of median income).
F. 
Area and bulk standards.
(1) 
Residential density shall not exceed 13 units per acre.
(2) 
Minimum lot area: one acre.
(3) 
Minimum lot width: 200 feet.
(4) 
Building setbacks:
(a) 
Minimum front yard: 50 feet.
(b) 
Minimum side yard: 20 feet.
(c) 
Minimum rear yard: 50 feet.
(5) 
Maximum building coverage: 50%.
(6) 
Maximum lot coverage: 80%.
(7) 
Maximum building height: 2.5 stories/40 feet.
(8) 
Minimum setback to driveway, drive aisle or off-street parking: 10 feet.
(a) 
Excludes private garages and parking within driveways.
G. 
Building requirements.
(1) 
Buildings located along a public street shall be oriented toward said public street with all or a significant portion located parallel to the street. This shall not apply to any building located behind another building. Orientation shall include the provision of one or more primary building entrances.
(2) 
Multiple principal buildings shall be permitted on a lot.
(3) 
Minimum distance between buildings:
(a) 
Front to any facade: 60 feet.
(b) 
Rear to any facade: 50 feet.
(c) 
Side to any facade: 30 feet.
(d) 
Maximum units per building:
[1] 
Townhouses: eight units.
[2] 
Multifamily: 40 units.
(4) 
Maximum building length: 200 feet.
(5) 
An overall theme of design and architectural motif shall be utilized within the development for the purpose of presenting an aesthetically desirable effect and shall be such that they provide varied building elevations, design and structural appearance within the context of the unifying theme.
(6) 
The front facade of a residential building shall not continue on the same plane for a linear distance of more than 75 feet. Minimum two-foot offsets shall be required at breaks in the facade planes.
(7) 
All townhouse dwellings shall provide at least one off-street parking space within an enclosed garage located in the rear yard with access from a lane/alley. Front-loaded garages and side-loaded garages requiring access in the front of the townhouse buildings they are intended to serve are prohibited.
(8) 
Townhouse dwelling lots shall have their rear lot lines coinciding with an alley 24 feet wide containing a vehicular pavement width of at least 10 feet one-way and 16 feet two-way.
(9) 
Building facades shall be finished in stone veneer, stucco, brick, fiber cement panel and/or cast stone. Metal shall be used only for minor accentuation of other elements of the facade. Where facing a public street, exterior insulation and finishing systems (EIFS) shall not be used on any portion of the building facade or column at a height of six feet or less.
(10) 
Building entrances should be articulated to make them easily identifiable by visitors and to provide architectural interest. Examples of special features of entrances include, but are not limited to, awnings and architectural treatments.
(11) 
Awnings are encouraged. Where provided, awnings shall be uniform in color and material.
(12) 
Upper-floor windows should be divided into individual units or groupings of individual units, rather than a continuous "ribbon."
(13) 
Consistent building materials shall be used on all sides of a building that is visible from a public street.
(14) 
Structured parking facing a public street shall not exceed one story (parking level) and shall be screened by structural elements that are compatible with the materials and design of the front and side building facades.
(15) 
Roof design:
(a) 
Roof shape, color, and texture should be coordinated with the exterior materials of the building's facade.
(b) 
Roof design should minimize the negative impact of roof protrusions by grouping plumbing vents, ducts, and other utility structures together.
(c) 
Rooftop equipment such as mechanical units, vents, and flues should be located centrally on the building roof, to the extent practicable. Any equipment visible from a publicly accessible area, adjacent lots, and pedestrian corridors shall be screened using parapets, pitched roof forms, or penthouses. Screening shall be constructed of the same material as the building, or complementary material.
H. 
Buffer and planting requirements.
(1) 
Buffers and plantings shall be consistent with the requirements for the I District in § 300-124.
(2) 
Required buffers may be entirely or partially satisfied with existing growth of evergreen and deciduous trees and shrubbery. Buffers which do not provide a suitable screen as required above 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.
(3) 
All townhouse, multifamily and mixed-use developments shall be provided with an aesthetically pleasing and functional landscape component. Building foundation plantings, planting clusters located in strategic areas, shade trees along roadways and sidewalks shall be incorporated into an overall landscape plan. Native landscaping shall be used to the greatest extent possible.
(4) 
Street trees shall be provided along all public and private roads consistent with § 300-66, Shade trees and landscaping, and Chapter 453, Trees.
(5) 
Article XX, Tree Removal and Replacement, shall only apply to any disturbance in excess of the approved final grading and tree removal plans.
I. 
Miscellaneous requirements.
(1) 
Not more than one row of vehicle parking shall be located between a building and a public street.
(2) 
Bicycle parking shall be provided at a rate of not less than 5% of the required parking spaces. This may be provided within the building interior.
(3) 
Maximum distance between off-street parking space and the unit served: 200 feet.
(4) 
Exterior lighting should be architecturally integrated with the building's style, material and color.
(5) 
Lighting focused downward should be used to reinforce pedestrian and vehicular circulation. Upward-focused lighting may be used to highlight architectural elements of the building facade.
(6) 
Sidewalks shall be provided along all road frontages. Sidewalks along Franklin Avenue shall continue the streetscape design, including sidewalk design, along adjacent properties. Sidewalks shall also be provided along all building facades that include a building entrance. Sidewalks are encouraged to be a minimum of eight feet wide where located adjacent to retail or restaurant uses. Sidewalks shall be designed and constructed pursuant to the Borough Code as well as the New Jersey Residential Site Improvement Standards (R.S.I.S.), N.J.A.C. 5:21.
(7) 
The site and building shall meet applicable fire safety and code requirements.
[Added 5-7-2019 by Ord. No. 1785]
A. 
Purpose.
(1) 
The purpose of the Affordable Housing Overlay 5 District (hereinafter AHO-5) is to provide for the construction of residential development that includes a required affordable housing component to satisfy a portion of the Borough's affordable housing obligation pursuant to the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq., the rules of the New Jersey Council on Affordable Housing, and the 2018 settlement agreement between the Borough and Fair Share Housing Center.
B. 
The principal permitted uses allowed in the AHO-5 District include the following:
(1) 
Townhouse dwelling units.
(2) 
Multifamily dwelling units.
(3) 
Any combination of one or more permitted uses.
C. 
The accessory permitted uses allowed in the AHO-5 District include the following:
(1) 
Accessory uses and structures customarily incidental to permitted uses, subject to § 300-121A.
(2) 
Private garages, as part of an approved development plan.
(3) 
Signs, subject to § 300-128.
(4) 
Off-street parking, including structured parking.
(5) 
Incidental home occupations, subject to § 300-121J.
(6) 
Recreational open space areas such as parks, preserves, recreation areas or facilities, tennis courts, lakes, ponds, bikeways, playgrounds and swimming facilities, along with structures and necessary features appurtenant thereto.
D. 
The conditional uses allowed in the AHO-5 District include the following:
(1) 
None.
E. 
Affordable housing.
(1) 
The required affordable housing set-aside for any type of development is 15% where the affordable units shall be for rent, and 20% where the affordable units shall be for sale.
(2) 
Affordable housing units shall comply with the Borough's affordable housing regulations and the Uniform Housing Affordability Control Rules (N.J.A.C. 5:80-26.1 et seq.), which shall control in the case of any conflicts with this section, provided that a minimum of 13% of the total low- and moderate-income units shall be affordable to very-low-income households (i.e., 30% or less of median income).
F. 
Area and bulk standards.
(1) 
Residential density shall not exceed 18 units per acre.
(2) 
Minimum lot area: one acre.
(3) 
Minimum lot width: 150 feet.
(4) 
Building setbacks:
(a) 
Minimum front yard: 50 feet.
(b) 
Minimum side yard: 20 feet.
(c) 
Minimum rear yard: 50 feet.
(5) 
Maximum building coverage: 60%.
(6) 
Maximum lot coverage: 80%.
(7) 
Maximum building height: three stories/46 feet.
(a) 
Buildings or portions of buildings within 100 feet of Pulis Avenue or single-family residential uses shall not exceed 2.5 stories/30 feet.
(8) 
Minimum setback to driveway, drive aisle or off-street parking: 10 feet.
(a) 
Excludes private garages and parking within driveways.
G. 
Building requirements.
(1) 
Buildings located along a public street shall be oriented toward said public street with all or a significant portion located parallel to the street. This shall not apply to any building located behind another building. Orientation shall include the provision of one or more primary building entrances.
(2) 
Multiple principal buildings shall be permitted on a lot.
(3) 
Minimum distance between buildings:
(a) 
Front to any facade: 60 feet.
(b) 
Rear to any facade: 50 feet.
(c) 
Side to any facade: 30 feet.
(d) 
Maximum units per building:
[1] 
Townhouses: eight units.
[2] 
Multifamily: 40 units.
(4) 
Maximum building length: 200 feet.
(5) 
An overall theme of design and architectural motif shall be utilized within the development for the purpose of presenting an aesthetically desirable effect and shall be such that they provide varied building elevations, design and structural appearance within the context of the unifying theme.
(6) 
The front facade of a residential building shall not continue on the same plane for a linear distance of more than 75 feet. Minimum two-foot offsets shall be required at breaks in the facade planes.
(7) 
All townhouse dwellings shall provide at least one off-street parking space within an enclosed garage located in the rear yard with access from a lane/alley. Front-loaded garages and side-loaded garages requiring access in the front of the townhouse buildings they are intended to serve are prohibited.
(8) 
Townhouse dwelling lots shall have their rear lot lines coinciding with an alley 24 feet wide containing a vehicular pavement width of at least 10 feet one-way and 16 feet two-way.
(9) 
Building facades shall be finished in stone veneer, stucco, brick, fiber cement panel and/or cast stone. Metal shall be used only for minor accentuation of other elements of the facade. Where facing a public street, exterior insulation and finishing systems (EIFS) shall not be used on any portion of the building facade or column at a height of six feet or less.
(10) 
Building entrances should be articulated to make them easily identifiable by visitors and to provide architectural interest. Examples of special features of entrances include, but are not limited to, awnings and architectural treatments.
(11) 
Awnings are encouraged. Where provided, awnings shall be uniform in color and material.
(12) 
Upper-floor windows should be divided into individual units or groupings of individual units, rather than a continuous "ribbon."
(13) 
Consistent building materials shall be used on all sides of a building that is visible from a public street.
(14) 
Structured parking facing a public street shall not exceed one story (parking level) and shall be screened by structural elements that are compatible with the materials and design of the front and side building facades.
(15) 
Roof design:
(a) 
Roof shape, color, and texture should be coordinated with the exterior materials of the building's facade.
(b) 
Roof design should minimize the negative impact of roof protrusions by grouping plumbing vents, ducts, and other utility structures together.
(c) 
Rooftop equipment such as mechanical units, vents, and flues should be located centrally on the building roof, to the extent practicable. Any equipment visible from a publicly accessible area, adjacent lots, and pedestrian corridors shall be screened using parapets, pitched roof forms, or penthouses. Screening shall be constructed of the same material as the building, or complementary material.
H. 
Buffer and planting requirements.
(1) 
Buffers and plantings shall be consistent with the requirements for the I District in § 300-124.
(2) 
Required buffers may be entirely or partially satisfied with existing growth of evergreen and deciduous trees and shrubbery. Buffers which do not provide a suitable screen as required above 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.
(3) 
All townhouse, multifamily and mixed-use developments shall be provided with an aesthetically pleasing and functional landscape component. Building foundation plantings, planting clusters located in strategic areas, shade trees along roadways and sidewalks shall be incorporated into an overall landscape plan. Native landscaping shall be used to the greatest extent possible.
(4) 
Street trees shall be provided along all public and private roads consistent with § 300-66, Shade trees and landscaping, and Chapter 453, Trees.
(5) 
Article XX, Tree Removal and Replacement, shall only apply to any disturbance in excess of the approved final grading and tree removal plans.
I. 
Miscellaneous requirements.
(1) 
Not more than one row of vehicle parking shall be located between a building and a public street.
(2) 
Bicycle parking shall be provided at a rate of not less than 5% of the required parking spaces. This may be provided within the building interior.
(3) 
Maximum distance between off-street parking space and the unit served: 200 feet.
(4) 
Exterior lighting should be architecturally integrated with the building's style, material and color.
(5) 
Lighting focused downward should be used to reinforce pedestrian and vehicular circulation. Upward-focused lighting may be used to highlight architectural elements of the building facade.
(6) 
Sidewalks shall be provided along all road frontages. Sidewalks along Franklin Avenue shall continue the streetscape design, including sidewalk design, along adjacent properties. Sidewalks shall also be provided along all building facades that include a building entrance. Sidewalks are encouraged to be a minimum of eight feet wide where located adjacent to retail or restaurant uses. Sidewalks shall be designed and constructed pursuant to the Borough Code as well as the New Jerseu Residential Site Improvement Standards (R.S.I.S.), N.J.A.C. 5:21.
(7) 
The site and building shall meet applicable fire safety and code requirements.
[Added 5-7-2019 by Ord. No. 1785]
A. 
Purpose.
(1) 
The purpose of the Affordable Housing Overlay 6 District (hereinafter AHO-6) is to provide for the construction of residential development that includes a required affordable housing component to satisfy a portion of the Borough's affordable housing obligation pursuant to New Jersey's Fair Housing Act, N.J.S.A. 52:27D-301 et seq., the rules of the New Jersey Council on Affordable Housing, and the 2018 settlement agreement between the Borough and Fair Share Housing Center.
B. 
The principal permitted uses allowed in the AHO-6 District include the following:
(1) 
Townhouse dwelling units.
(2) 
Multifamily dwelling units.
(3) 
Any combination of one or more permitted uses.
C. 
The accessory permitted uses allowed in the AHO-6 District include the following:
(1) 
Accessory uses and structures customarily incidental to permitted uses, subject to § 300-121A.
(2) 
Private garages, as part of an approved development plan.
(3) 
Signs, subject to § 300-128.
(4) 
Off-street parking, including structured parking.
(5) 
Incidental home occupations, subject to § 300-121J.
(6) 
Recreational open space areas such as parks, preserves, recreation areas or facilities, tennis courts, lakes, ponds, bikeways, playgrounds and swimming facilities, along with structures and necessary features appurtenant thereto.
D. 
The conditional uses allowed in the AHO-6 District include the following:
(1) 
None.
E. 
Affordable housing.
(1) 
The required affordable housing set-aside for any type of development is 15% where the affordable units shall be for rent, and 20% where the affordable units shall be for sale.
(2) 
Affordable housing units shall comply with the Borough's affordable housing regulations and the Uniform Housing Affordability Control Rules (N.J.A.C. 5:80-26.1 et seq.), which shall control in the case of any conflicts with this section, provided that a minimum of 13% of the total low- and moderate-income units shall be affordable to very-low-income households (i.e., 30% or less of median income).
F. 
Area and bulk standards.
(1) 
Residential density shall not exceed 16 units per acre.
(2) 
Minimum lot area: one acre.
(3) 
Minimum lot width: 200 feet.
(4) 
Building setbacks:
(a) 
Minimum front yard: 50 feet.
(b) 
Minimum side yard: 20 feet.
(c) 
Minimum rear yard: 30 feet.
(5) 
Maximum building coverage: 60%.
(6) 
Maximum lot coverage: 80%.
(7) 
Maximum building height: three stories/46 feet.
(a) 
Buildings or portions of buildings within 100 feet of Pulis Avenue or single-family residential uses shall not exceed 2.5 stories/30 feet.
(8) 
Minimum setback to driveway, drive aisle or off-street parking: 10 feet.
(a) 
Excludes private garages and parking within driveways.
G. 
Building requirements.
(1) 
Buildings located along a public street shall be oriented toward said public street with all or a significant portion located parallel to the street. This shall not apply to any building located behind another building. Orientation shall include the provision of one or more primary building entrances.
(2) 
Multiple principal buildings shall be permitted on a lot.
(3) 
Minimum distance between buildings:
(a) 
Front to any facade: 60 feet.
(b) 
Rear to any facade: 50 feet.
(c) 
Side to any facade: 30 feet.
(d) 
Maximum units per building:
[1] 
Townhouses: eight units.
[2] 
Multifamily: 40 units.
(4) 
Maximum building length: 200 feet.
(5) 
An overall theme of design and architectural motif shall be utilized within the development for the purpose of presenting an aesthetically desirable effect and shall be such that they provide varied building elevations, design and structural appearance within the context of the unifying theme.
(6) 
The front facade of a residential building shall not continue on the same plane for a linear distance of more than 75 feet. Minimum two-foot offsets shall be required at breaks in the facade planes.
(7) 
All townhouse dwellings shall provide at least one off-street parking space within an enclosed garage located in the rear yard with access from a lane/alley. Front-loaded garages and side-loaded garages requiring access in the front of the townhouse buildings they are intended to serve are prohibited.
(8) 
Townhouse dwelling lots shall have their rear lot lines coinciding with an alley 24 feet wide containing a vehicular pavement width of at least 10 feet one-way and 16 feet two-way.
(9) 
Building facades shall be finished in stone veneer, stucco, brick, fiber cement panel and/or cast stone. Metal shall be used only for minor accentuation of other elements of the facade. Where facing a public street, exterior insulation and finishing systems (EIFS) shall not be used on any portion of the building facade or column at a height of six feet or less.
(10) 
Building entrances should be articulated to make them easily identifiable by visitors and to provide architectural interest. Examples of special features of entrances include, but are not limited to, awnings and architectural treatments.
(11) 
Awnings are encouraged. Where provided, awnings shall be uniform in color and material.
(12) 
Upper-floor windows should be divided into individual units or groupings of individual units, rather than a continuous "ribbon."
(13) 
Consistent building materials shall be used on all sides of a building that is visible from a public street.
(14) 
Structured parking facing a public street shall not exceed one story (parking level) and shall be screened by structural elements that are compatible with the materials and design of the front and side building facades.
(15) 
Roof design:
(a) 
Roof shape, color, and texture should be coordinated with the exterior materials of the building's facade.
(b) 
Roof design should minimize the negative impact of roof protrusions by grouping plumbing vents, ducts, and other utility structures together.
(c) 
Rooftop equipment such as mechanical units, vents, and flues should be located centrally on the building roof, to the extent practicable. Any equipment visible from a publicly accessible area, adjacent lots, and pedestrian corridors shall be screened using parapets, pitched roof forms, or penthouses. Screening shall be constructed of the same material as the building, or complementary material.
H. 
Buffer and planting requirements.
(1) 
Buffers and plantings shall be consistent with the requirements for the I District in § 300-124.
(2) 
Required buffers may be entirely or partially satisfied with existing growth of evergreen and deciduous trees and shrubbery. Buffers which do not provide a suitable screen as required above 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.
(3) 
All townhouse, multifamily and mixed-use developments shall be provided with an aesthetically pleasing and functional landscape component. Building foundation plantings, planting clusters located in strategic areas, shade trees along roadways and sidewalks shall be incorporated into an overall landscape plan. Native landscaping shall be used to the greatest extent possible.
(4) 
Street trees shall be provided along all public and private roads consistent with § 300-66, Shade trees and landscaping, and Chapter 453, Trees.
(5) 
Article XX, Tree Removal and Replacement, shall only apply to any disturbance in excess of the approved final grading and tree removal plans.
I. 
Miscellaneous requirements.
(1) 
Not more than one row of vehicle parking shall be located between a building and a public street.
(2) 
Bicycle parking shall be provided at a rate of not less than 5% of the required parking spaces. This may be provided within the building interior.
(3) 
Maximum distance between off-street parking space and the unit served: 200 feet.
(4) 
Exterior lighting should be architecturally integrated with the building's style, material and color.
(5) 
Lighting focused downward should be used to reinforce pedestrian and vehicular circulation. Upward-focused lighting may be used to highlight architectural elements of the building facade.
(6) 
Sidewalks shall be provided along all road frontages. Sidewalks along Franklin Avenue shall continue the streetscape design, including sidewalk design, along adjacent properties. Sidewalks shall also be provided along all building facades that include a building entrance. Sidewalks are encouraged to be a minimum of eight feet wide where located adjacent to retail or restaurant uses. Sidewalks shall be designed and constructed pursuant to the Borough Code as well as the New Jersey Residential Site Improvement Standards (R.S.I.S.), N.J.A.C. 5:21.
(7) 
The site and building shall meet applicable fire safety and code requirements.
[Added 5-7-2019 by Ord. No. 1785]
A. 
Purpose.
(1) 
The purpose of the Affordable Housing Overlay 7 District (hereinafter AHO-7) is to provide for the construction of residential development that includes a required affordable housing component to satisfy a portion of the Borough's affordable housing obligation pursuant to the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq., the rules of the New Jersey Council on Affordable Housing, and the 2018 settlement agreement between the Borough and Fair Share Housing Center.
B. 
The principal permitted uses allowed in the AHO-7 District include the following:
(1) 
Townhouse dwelling units.
(2) 
Multifamily dwelling units.
(3) 
Any combination of one or more permitted uses.
C. 
The accessory permitted uses allowed in the AHO-7 District include the following:
(1) 
Accessory uses and structures customarily incidental to permitted uses, subject to § 300-121A.
(2) 
Private garages, as part of an approved development plan.
(3) 
Signs, subject to § 300-128.
(4) 
Off-street parking, including structured parking.
(5) 
Incidental home occupations, subject to § 300-121J.
(6) 
Recreational open space areas such as parks, preserves, recreation areas or facilities, tennis courts, lakes, ponds, bikeways, playgrounds and swimming facilities, along with structures and necessary features appurtenant thereto.
D. 
The conditional uses allowed in the AHO-7 District include the following:
(1) 
None.
E. 
Affordable housing.
(1) 
The required affordable housing set-aside for any type of development is 15% where the affordable units shall be for rent, and 20% where the affordable units shall be for sale.
(2) 
Affordable housing units shall comply with the Borough's affordable housing regulations and the Uniform Housing Affordability Control Rules (N.J.A.C. 5:80-26.1 et seq.), which shall control in the case of any conflicts with this section, provided that a minimum of 13% of the total low- and moderate-income units shall be affordable to very-low-income households (i.e., 30% or less of median income).
F. 
Area and bulk standards.
(1) 
Residential units shall not exceed 20.
(2) 
Minimum lot area: 1.6 acres.
(3) 
Minimum lot width: 300 feet.
(4) 
Building setbacks:
(a) 
Minimum front yard: 30 feet.
(b) 
Minimum side yard: 40 feet.
(c) 
Minimum rear yard: 50 feet.
(5) 
Maximum building coverage: 50%.
(6) 
Maximum lot coverage: 70%.
(7) 
Maximum building height: 2.5 stories/42 feet.
(8) 
Minimum setback to driveway, drive aisle or off-street parking: 10 feet.
(a) 
Excludes private garages and parking within driveways.
G. 
Building requirements.
(1) 
Buildings located along a public street shall be oriented toward said public street with all or a significant portion located parallel to the street. This shall not apply to any building located behind another building. Orientation shall include the provision of one or more primary building entrances.
(2) 
Multiple principal buildings shall be permitted on a lot.
(3) 
Minimum distance between buildings:
(a) 
Front to any facade: 60 feet.
(b) 
Rear to any facade: 50 feet.
(c) 
Side to any facade: 30 feet.
(d) 
Maximum units per building:
[1] 
Townhouses: eight units.
[2] 
Multifamily: 40 units.
(4) 
Maximum building length: 200 feet.
(5) 
An overall theme of design and architectural motif shall be utilized within the development for the purpose of presenting an aesthetically desirable effect and shall be such that they provide varied building elevations, design and structural appearance within the context of the unifying theme.
(6) 
The front facade of a residential building shall not continue on the same plane for a linear distance of more than 75 feet. Minimum two-foot offsets shall be required at breaks in the facade planes.
(7) 
All townhouse dwellings shall provide at least one off-street parking space within an enclosed garage located in the rear yard with access from a lane/alley. Front-loaded garages and side-loaded garages requiring access in the front of the townhouse buildings they are intended to serve are prohibited.
(8) 
Townhouse dwelling lots shall have their rear lot lines coinciding with an alley 24 feet wide containing a vehicular pavement width of at least 10 feet one-way and 16 feet two-way.
(9) 
Building facades shall be finished in stone veneer, stucco, brick, fiber cement panel and/or cast stone. Metal shall be used only for minor accentuation of other elements of the facade. Where facing a public street, exterior insulation and finishing systems (EIFS) shall not be used on any portion of the building facade or column at a height of six feet or less.
(10) 
Building entrances should be articulated to make them easily identifiable by visitors and to provide architectural interest. Examples of special features of entrances include, but are not limited to, awnings and architectural treatments.
(11) 
Awnings are encouraged. Where provided, awnings shall be uniform in color and material.
(12) 
Upper-floor windows should be divided into individual units or groupings of individual units, rather than a continuous "ribbon."
(13) 
Consistent building materials shall be used on all sides of a building that is visible from a public street.
(14) 
Structured parking facing a public street shall not exceed one story (parking level) and shall be screened by structural elements that are compatible with the materials and design of the front and side building facades.
(15) 
Roof design:
(a) 
Roof shape, color, and texture should be coordinated with the exterior materials of the building's facade.
(b) 
Roof design should minimize the negative impact of roof protrusions by grouping plumbing vents, ducts, and other utility structures together.
(c) 
Rooftop equipment such as mechanical units, vents, and flues should be located centrally on the building roof, to the extent practicable. Any equipment visible from a publicly accessible area, adjacent lots, and pedestrian corridors shall be screened using parapets, pitched roof forms, or penthouses. Screening shall be constructed of the same material as the building, or complementary material.
H. 
Buffer and planting requirements.
(1) 
Buffers and plantings shall be consistent with the requirements for the RB District in § 300-124.
(2) 
Required buffers may be entirely or partially satisfied with existing growth of evergreen and deciduous trees and shrubbery. Buffers which do not provide a suitable screen as required above 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.
(3) 
All townhouse, multifamily and mixed-use developments shall be provided with an aesthetically pleasing and functional landscape component. Building foundation plantings, planting clusters located in strategic areas, shade trees along roadways and sidewalks shall be incorporated into an overall landscape plan. Native landscaping shall be used to the greatest extent possible.
(4) 
Street trees shall be provided along all public and private roads consistent with § 300-66, Shade trees and landscaping, and Chapter 453, Trees.
(5) 
Article XX, Tree Removal and Replacement, shall only apply to any disturbance in excess of the approved final grading and tree removal plans.
I. 
Miscellaneous requirements.
(1) 
Vehicle parking shall not be located between a residential building and a public street.
(2) 
Bicycle parking shall be provided at a rate of not less than 5% of the required parking spaces. This may be provided within the building interior.
(3) 
Maximum distance between off-street parking space and the unit served: 200 feet.
(4) 
Exterior lighting should be architecturally integrated with the building's style, material and color.
(5) 
Lighting focused downward should be used to reinforce pedestrian and vehicular circulation. Upward-focused lighting may be used to highlight architectural elements of the building facade.
(6) 
Sidewalks shall be provided along all road frontages. Sidewalks along Franklin Avenue shall continue the streetscape design, including sidewalk design, along adjacent properties. Sidewalks shall also be provided along all building facades that include a building entrance. Sidewalks are encouraged to be a minimum of eight feet wide where located adjacent to retail or restaurant uses. Sidewalks shall be designed and constructed pursuant to the Borough Code as well as the New Jersey Residential Site Improvement Standards (R.S.I.S.), N.J.A.C. 5:21.
(7) 
The site and building shall meet applicable fire safety and code requirements.
[Added 10-6-2020 by Ord. No. 1820]
A. 
Purpose.
(1) 
The purpose of the RB-3 District is to encourage the redevelopment and revitalization of lands in the District with a site design that is compatible with the lot configuration of the District, surrounding residential uses, and regional traffic along Franklin Avenue.
B. 
The principal permitted uses allowed in the RB-3 District include the following:
(1) 
A convenience store for the retail sale of small prepackaged products associated with this use. Food may not be cooked or prepared on site, except for microwave heating, and must be prepackaged and preprepared. In addition, the sale of gasoline is permitted but all other motor vehicle related products or services are prohibited, except for the sale of fluids in small containers usually available at a convenience store such as engine oil, windshield and cooling fluids.
C. 
The accessory permitted uses allowed in the RB-3 District include the following:
(1) 
Off-street parking, subject to §§ 300-71 and 300-72.
(2) 
Fences, subject to § 300-121F.
(3) 
Signs, subject to the standards herein.
D. 
The conditional uses allowed in the RB-3 District include the following:
(1) 
None.
E. 
Prohibited uses in the RB-3 District include the following:
(1) 
All uses not specifically permitted by this section.
(2) 
Vehicle repair shops and activities.
F. 
Design requirements.
(1) 
Development in the RB-3 District shall meet the design standards for subdivisions (Article VII) and design standards for site plans (Article VIII), with the exception of the following:
(f) 
§ 300-120G(2).
(g) 
§ 300-120G(3).
(h) 
§ 300-120G(5)(b).
(i) 
§ 300-120G(7).
(j) 
§ 300-120G(8).
(k) 
§ 300-120G(9).
(l) 
§ 300-120G(11).
(m) 
§ 300-120G(12).
(n) 
§ 300-120G(14).
(o) 
§ 300-120G(15).
(r) 
§ 300-124H(1)
(2) 
Development in the RB-3 District shall meet the applicable sign regulations for the RB-1 District, with the following exceptions:
(a) 
One nonilluminated canopy sign shall be permitted with a maximum area of 20 square feet.
(b) 
Wall signs shall be permitted as follows:
[1] 
A combined maximum of 60 square feet is permitted on all building facades with a maximum on any one facade of one 20-square-foot sign.
[2] 
All wall signs shall be made of natural materials and illuminated externally. Signs, whether the lighting is mounted above or below the sign face or panel, shall have lighting fixtures or luminaires that are fully shielded and shall produce no glare toward neighboring properties or passing motorists.
(c) 
Freestanding signs are prohibited.
(3) 
Parking shall have a minimum setback of five feet from any residential lot.
(4) 
Parking shall be provided at a ratio of one parking space per 300 square feet of gross floor area.
(5) 
The minimum aisle width where perpendicular parking is provided shall be 22 feet.
(6) 
Parking stalls may be reduced in size from 10 feet by 20 feet in dimension, to nine feet by 18 feet in dimension.
(7) 
Screening of parking from public streets shall be provided with plantings to the extent practical.
(8) 
A buffer of not less than five feet in width shall be provided along any property line shared with a residential use. Said buffer shall be composed of a single row of evergreen trees and a solid wooden fence at least six feet high with a natural or stained wood or painted dark green. 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. Failure to maintain the required buffer at any time shall be considered a zoning violation and render as nonpermitted any use of the site.
(9) 
Light spill from any light source on the site onto residential properties is prohibited such that there shall be zero footcandles on adjacent residential property lines as a result of development in this zone district. There shall be no light glare as viewed from adjacent residential properties.
(10) 
There shall be no outdoor display or storage of materials, merchandise, supplies or accessories.
(11) 
No illumination, other than security lighting, shall be permitted after business hours.
(12) 
No portion of a gasoline service station canopy shall exceed the height of the principal building on the property. The maximum size of a gasoline service station canopy shall be 750 square feet.
[Added 5-28-2022 by Ord. No. 1878]
A. 
Purpose. The purpose of the OB Office Building District is to establish an area for moderately scaled office and educational uses in a park-like setting within an area of the Borough that is characterized by areas of expansive open space as well as office development.
B. 
The principal permitted uses allowed in the OB District include the following:
(1) 
Professional, executive business or administrative offices.
(2) 
Child-care centers, subject to § 300-121I.
(3) 
Schools.
(4) 
Educational organizations.
(5) 
Municipal buildings and uses.
C. 
Accessory permitted uses allowed in the OL District include the following:
(1) 
Off-street parking, subject to §§ 300-71 and 300-72.
(2) 
Fences, subject to § 300-121F.
(3) 
Signs, subject to § 300-128.
D. 
Conditional permitted uses allowed in the OB District include the following: None.
E. 
Prohibited uses: Any uses other than those permitted herein shall be prohibited.
F. 
Minimum lot area: 3.25 acres.
G. 
Minimum lot width: not applicable.
H. 
Minimum radius from center point: not applicable.
I. 
Minimum front yard: not applicable.
J. 
Minimum western side yard: 100 feet.
K. 
Minimum eastern side yard: 70 feet.
L. 
Minimum northern side yard: 70 feet.
M. 
Minimum southern side yard: 160 feet.
N. 
Minimum rear yard: nor applicable.
O. 
Maximum building coverage: 0.23.
P. 
Maximum total coverage: 55%.
Q. 
Maximum building height: 40 feet.
R. 
Density/floor area ratio: 0.23.
[Added 11-9-2023 by Ord. No. 1927; amended 10-1-2024 by Ord. No. 1964]
A. 
Purpose.
(1) 
The purpose of the Mixed Use - 1 District (MU-1) is to provide standards that will permit a variety of housing types and nonresidential uses pursuant to the Borough's settlement agreement with SHG Franklin Lakes, LLC. Additionally, development in this district is intended to assist the Borough to meet its affordable housing obligation and to implement the settlement agreement with SHG Franklin Lakes, LLC.
(2) 
This section has been adopted, in part, pursuant to said amended and restated settlement agreement with SHG Franklin Lakes, LLC, dated amended August 28, 2023, executed between SHG Franklin Lakes, LLC and the Borough of Franklin Lakes (collectively, the "parties") with regard to the zoning of the lands located on Block 2607, Lot 1 (the "property") and, with regard to any application or development of the property, the parties intend and it is hereby resolved that the terms and conditions of the settlement agreement shall be deemed included herein and made a part hereof and shall be applicable to any such application or development.
B. 
The principal permitted uses allowed in the MU-1 include the following:
(1) 
Inclusionary multifamily and townhouse residential units.
(a) 
32 units of the required affordable housing units associated with the market rate residential units may be constructed above any retail, personal services or professional office use(s) without also including market rate residential units.
(2) 
100% affordable housing multifamily and townhouse residential units.
(3) 
Retail sales or personal services. This includes but is not limited to grocery stores, shops, convenience stores, restaurants, nail and hair salons, dry cleaners, fitness centers and gyms.
(a) 
The use of the property for a liquor store, bar, cannabis or smoke shop is prohibited except the property may be used by a bar/liquor store which is an accessory use to a related principal use. For example, a bar and/or liquor store would be permitted as an accessory use to restaurant, grocer or other principal use.
(4) 
Professional offices. This includes but is not limited to offices for a professional, dentist, physician, attorney, real estate agent, or co working space for professionals.
(5) 
Municipal buildings and uses.
C. 
The accessory permitted uses allowed in the MU-1 include the following:
(1) 
Off-street parking, subject to §§ 300-71 and 300-72, except as noted herein.
(2) 
Fences and walls, subject to § 300-121F.
(3) 
Signs: In addition to those sign types permitted by § 300-128, the following internally lit, externally lit and/or unlit signs shall be permitted:
(a) 
One sign for each exterior wall for each tenant of space involving retail sales, personal services and professional offices, subject to the following:
[1] 
A wall sign shall have a maximum letter height of 36 inches; a maximum sign width of 90% of the business unit front. For any tenant that occupies more than 25,000 square feet, the maximum letter height shall be increased to no more than 60 inches. A six inches clear band shall be provided along the top and bottom of each sign.
[2] 
In addition to the sign permitted in Subsection C(1)(a)[1] above, each tenant shall be permitted a projecting blade sign not to exceed five square feet in area.
(b) 
Signs for residential uses shall be subject to standards for residential developments in the AHO districts.
(c) 
Two primary perimeter monument signs are permitted subject to the following:
[1] 
One sign may be located at the intersection of Old Mill Road and Parsons Pond Road. The sign at this location may be no larger than 40 square feet and set back no less than five feet from the property line.
[2] 
One may be located at the intersection of Parsons Pond Road and the municipal boundary line shared with the Township of Mahwah, proximate to Wyckoff Avenue. This sign shall have a maximum sign area of 150 square feet, a maximum height of 10 feet, and a minimum setback of five feet.
(d) 
Three internal monument signs are permitted subject to the following:
[1] 
The sign shall be located at least 100 feet from Old Mill Road and Wyckoff Avenue and 15 feet from Parsons Pond Road.
[2] 
Each sign shall have a maximum sign area of 150 square feet, a maximum height of 10 feet.
(4) 
Recreational open space areas such as parks, preserves, recreation areas or facilities, pickleball courts, fitness centers, spas, dog runs/parks, tennis courts, lakes, ponds, bikeways, playgrounds and swimming facilities, along with structures and necessary features appurtenant thereto, subject to § 300-120B.
(5) 
Pump station/lift stations/utility structures and all customary appurtenances.
(6) 
Stormwater management facilities, including detention/retention ponds, conveyance systems, and all other structures required for sound stormwater management control associated with a development in the same district.
(7) 
Accessory uses and structures customarily incidental to permitted uses, provided they do not include any activity customarily conducted for gain, subject to §§ 300-120B and 300-121A.
(8) 
Structured parking including parking garages.
D. 
The conditional uses allowed in the MU-1 include the following:
(1) 
None.
E. 
Area and bulk standards are the following:
(1) 
Minimum tract area (prior to any permitted subdivisions): 80 acres.
(2) 
Maximum number of inclusionary residential multifamily and/or townhome units (including affordable housing units but excluding those units built as part of the 100% affordable housing project): 495 units.
(3) 
Number of affordable residential units in a 100% affordable project (which is in addition to the inclusionary units permitted): 71 affordable units. A manager's unit may also be provided.
(4) 
Maximum total gross floor area (not including leasing offices and amenities associated with and located in the inclusionary residential project) of retail sales or personal services and professional offices (combined): 70,000 s.f.
(5) 
Affordable housing.
(a) 
Inclusionary development set-aside: 12.5% of the units (excluding the 71 units to be constructed by the Borough) shall be affordable housing units to be located as permitted by this section.
(b) 
The affordable units shall comply with the Borough's affordable housing regulations set forth in Chapter 135, as well as the Round 2 regulations of the New Jersey Council on Affordable Housing ("COAH"), the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC"), and all other applicable law, including a requirement that 13% of all affordable units in each bedroom distribution are available to very-low-income households (as defined by the Fair Housing Act "FHA") and said inclusionary development shall be deed restricted for a period of not less than 30 years.
(6) 
Building height.
(a) 
Residential: A maximum of 52 feet and three stories plus one level dedicated to partially/fully exposed parking deck.
[1] 
Building height shall be measured from finished ground floor to the midpoint of the roof for sloped roof, and to the top of parapet for flat roofs excluding all roof top mechanicals, equipment, elevators or stair bulkheads and any and all other rooftop equipment or structures. A design goal of this project is to mitigate height by utilizing grading.
(b) 
Retail/Personal service/Professional Offices (including any combination of these uses and residential constructed above) height: 52 feet.
[1] 
Building height shall be measured from finished ground floor to the midpoint of the roof for sloped roof, and to the top of parapet for flat roofs excluding all roof top mechanicals, equipment, elevators or stair bulkheads and any and all other rooftop equipment or structures. A design goal of this project is to mitigate the appearance of height to elevations facing external property lines by encouraging the use of horizontal and/or vertical articulation. All mechanical equipment (but excluding elevator/stair bulkheads) that are located on the rooftop shall be no closer than 10 feet from the edge of rooftop. To the extent visible from grade, elevator and stair bulkheads shall be clad with materials that are compatible with the facade materials.
(7) 
Minimum building setback from all external property lines: 30 feet.
(8) 
Minimum setback to a building wall (excluding decks) from northerly property line: 65 feet.
Measuring from the northerly property line inward, the first 25 feet of the 65 feet setback shall be deemed a buffer area to be left in its natural state, except that the buffer area may be disturbed for utilities, retaining walls and grading. If the 25 feet buffer area is disturbed, the disturbed area shall be replanted with a double row of six feet to seven feet evergreens.
F. 
Miscellaneous standards.
(1) 
Any use permitted by this section shall be permitted to operate without restriction regarding the size or weight of trucks. The provisions of § 470-10 shall continue to apply to the portion of Old Mill Road from Parsons Pond Road to Pulis Avenue but shall not apply as set forth in Subsection G.
(2) 
All retail sales and personal services and professional office uses (notwithstanding any exception for diners and places serving alcoholic beverages) shall be subject to Chapter 186, Business Hours, with the exception that employees shall be permitted 24-hour access to the site and buildings.
(3) 
Off-street parking shall not be subject to § 300-71D4k[3].
(4) 
The minimum size of parking stalls shall be nine feet by 18 feet in dimension.
(5) 
Parking for the 100% affordable housing development:
(a) 
The maximum number of units is limited by providing off-street parking in an amount equal or greater than required by the RSIS.
(b) 
The development is permitted to landbank up to 25% of the off-street parking otherwise required by the RSIS after demonstrating the full RSIS parking requirement can be constructed on-site but is not required.
(c) 
If, at any time the parking associated with the 100% affordable housing project occurs on other than the affordable housing project site, the Borough or developer or its successor in interest may request and the owner of the affordable project shall immediately construct the previously land banked off-street parking.
(6) 
Street trees shall be provided along all public and private roads consistent with § 300-66, Shade trees and landscaping. At the discretion of the Board, the developer may install an evergreen screen within 50 feet of a public or private road in lieu of street trees.
(7) 
Sidewalks shall be provided along one side of all roads and drives serving the residential and retail portions of the development.
(8) 
Sidewalks shall be provided along one side of Parsons Pond Road which is the southerly property line.
(9) 
Loading areas shall not be subject to § 300-71E(1).
(a) 
Loading docks associated with the retail sales and personal service and professional office uses where facing a residential use (view uninterrupted by a building) shall be screened by a single row of evergreens with a planting height of not less than six feet, or a solid fence of not less than six feet and shrubs and/or other low plantings facing the residential use.
(b) 
Any loading area servicing the commercial uses on the property and located closer than 100 feet to a perimeter property line bordered by a residential use on a neighboring property shall be screened by a double row of Green Giant Arborvitae (or equivalent evergreen) planted at eight feet in height.
(c) 
Except for grocer type use(s), deliveries by tractor trailers to the commercial tenants on the property shall occur between 7:00 a.m. and 10:00 p.m. daily.
G. 
Rescission of § 470-10. The provision of § 470-10 and all other ordinance(s) which impose any limitation, including, by way of example and not limitation, weight restrictions, that would otherwise limit or prohibit the travel of any and all trucks (including tractor trailers) on Old Mill Road between the property and Summit Avenue and NJ Route 208 to travel to and from the property and NJ Route 208 are hereby rescinded as to the property and the use of the property.
H. 
If any section, part of any section, or clause or phrase of this ordinance[1] is for any reason held to be invalid or unconstitutional, such decision shall not affect the remaining provisions of this ordinance. The governing body of the Borough of Franklin Lakes declares that it would have passed the ordinance and each section and subsection thereof, irrespective of the fact that any one or more of the subsections, sentences, clauses or phrases may be declared unconstitutional or invalid. This ordinance shall supersede Ordinance 1927; however, notwithstanding anything to the contrary herein, if any part of this ordinance is successfully challenged, then Ordinance 1927 will remain applicable and replace this ordinance.
[1]
Editor's Note: "This ordinance" in Subsections H and I refers to Ord. No. 1964.
I. 
The parties agree that the terms of their settlement agreement shall control the development of the property and shall discharge, supersede and render void all prior agreements, contracts, terms, restrictions, easements, covenants or document of any kind, whether written or oral and/or whether recorded or unrecorded, which are inconsistent with the settlement agreement. This includes but is not limited to any ordinance of the Borough which is either inconsistent with the settlement agreement or not specifically incorporated by reference in this ordinance. Unless specifically included by the ordinance by reference, no other provision of Chapter 300 shall be applicable to development in the MU-1 Zoning District.