The purpose of this subsection is to provide a method of developing land in the R-1 District which will encourage the provision and or protection of park and recreation areas, open space, common areas, conservation areas, and floodplains within a tract as new residential developments are being built and occupied by new residents, while minimizing site disturbance, retaining as much existing vegetation as practical, and reducing the amount of impervious cover throughout the total tract, thereby minimizing potential stormwater runoff from the project area after development. The generation of these areas is brought about by permitting a reduction in lot sizes.

(2)

Alternative developments may be approved at the discretion of the Board in accordance with the following standards:

(a)

The minimum tract size for an alternative development shall be 40 acres contained in one or more contiguous tracts of land.

(b)

The maximum density of residential building lots for alternative development shall be 1.6 units per acre calculated on a gross-acreage basis, where gross acreage is the entire area of the tract prior to development.

(c)

The minimum open space shall be 30% of the gross tract area.

(d)

Lots fronting upon an existing collector road shall contain area and width equal to or greater than the R-1 bulk requirements. All remaining lots shall, at minimum, meet all the R-2 bulk requirements.

(e)

All dwelling units shall be connected to approved and functioning central water and sanitary sewage treatment systems.

(3)

All open space lands shall meet the following requirements:

(a)

The minimum size of any parcel shall be two acres.

(b)

It shall be an integral part of the development and shall be located to best suit the purpose(s) for which it is intended.

(c)

Every parcel offered to and accepted by the Borough shall be conveyed by deed at the time final plat approval is granted, and such acceptance is subject to any conditions the Borough may impose. The deeds shall contain restrictions stating to what use(s) such land(s) shall be restricted.

(d)

Any lands offered to the Borough shall be subject to approval by the governing body after review and recommendation by the Planning Board. The Planning Board shall be guided by the Master Plan, the ability to assemble and relate such lands to an overall plan, and the accessibility and potential utility of such lands, and such existing features may enhance or detract from the intended use of the lands. The Planning Board may request an opinion from other agencies or individuals as to the advisability of accepting any lands to be offered.

(e)

Any lands dedicated for open space purposes shall contain appropriate covenants and deed restrictions approved by the Planning Board, which ensure that:

[1]

The open space area will not be further subdivided in the future.

[2]

The use of the open space areas will continue in perpetuity for the purpose specified.

[3]

Appropriate provisions are made for the maintenance of the open space area.

[4]

All open space shall be clearly indicated on the final plat by metes and bounds.

(f)

All lands set aside for open space shall be developed with active and/or passive recreational facilities to service the needs of the future resident population. The Planning Board shall have completed a final determination as to the adequacy, usefulness and functionalism of the lands set aside for open spaces. Active and passive recreational facilities may include the following: ball fields, multipurpose fields, tennis courts, multipurpose court areas, children's playground equipment, passive picnic or sitting areas, swimming pools, bicycle paths and jogging trails.

(g)

Land so dedicated for open spaces shall include, wherever feasible, natural features, such as streams, brooks, wooded areas, steep slopes and other natural features of scenic and conservation value. The developer may be required to plant trees or make other similar landscaping improvements.

(h)

Development of open space and recreational facilities shall proceed at the same rate as development of the dwelling units. To assure compliance with this subsection, the Building Inspector shall from time to time, following the approval of the alternative development, review building permits and shall make an inspection of open space and recreational facilities to examine the work taking place on the site. If he shall determine that open space and recreational facilities are not being developed at the same rate as dwelling units, he shall report back to the Borough Council, which may take such action as it may deem appropriate, including the issuance of a stop-work notice or revocation of a building permit, until such time as parity in development has been reached.

(i)

The Board shall require a developer to make certain site preparation improvements to the open spaces. The Board shall provide that the site preparation improvements are made a part of the plan and are noted therein. The same may include the following:

[1]

Removal of dead trees or diseased trees.

[2]

Thinning of trees or other growth to encourage more desirable growth.

[3]

Removal of trees in areas planned for ponds, lakes or active recreational facilities. The Board may require the assistance of experts to determine the foregoing.

[4]

Grading and seeding.

[5]

Improvement or protection of the natural drainage system by the use of protective structures, stabilization measures and similar improvements.

§ 207-106 R-2 Medium-Low-Density Residential District.

Permitted principal uses. Permitted principal uses shall be all uses permitted in the R-1 Residential District, except § 207-105A(5), Alternative residential development option, which is not allowed in the R-2 District.

Permitted accessory uses. Permitted accessory uses shall be all uses permitted in the R-1 Residential District.

Permitted conditional uses. Permitted conditional uses shall be all conditional uses permitted in the R-1 Residential District.

Off-street parking. See Article IX.

Signs. See Article XII.

Lot area and yard requirements. See the Schedule of Bulk Requirements.[1]

[1]

Editor's Note: The Schedule of Bulk Requirements is included at the end of this chapter.

§ 207-107 R-3 Medium-Density Residential District.

Permitted accessory uses. Permitted accessory uses shall be all uses permitted in the R-1 District.

Permitted conditional uses. Permitted conditional uses shall be all conditional uses permitted in the R-1 Residential District.

Off-street parking. See Article IX.

Signs. See Article XII.

Lot area and yard requirements. See the Schedule of Bulk Requirements.[1]

[1]

Editor's Note: The Schedule of Bulk Requirements is included at the end of this chapter.

§ 207-108 R-4 Medium-High-Density Residential District.

Permitted accessory uses. Permitted accessory uses shall be all uses permitted in the R-1 Residential District.

Permitted conditional uses.

(1)

Permitted conditional uses shall be all conditional uses permitted in the R-1 Residential District.

(2)

Professional offices, limited to properties with frontage on Somerset Street.

Off-street parking. See Article IX.

Signs. See Article XII.

Lot area and yard requirements. See the Schedule of Bulk Requirements.[1]

[1]

Editor's Note: The Schedule of Bulk Requirements is included at the end of this chapter.

§ 207-109 R-5 Townhouse/Garden Apartment Density District.

Permitted principal uses. Permitted principal uses, as part of an inclusionary development, shall be:

(1)

Multifamily (garden apartments) residences.

(2)

Attached single-family (townhouse) residences.

(3)

Public or private parks, playgrounds, recreation buildings and facilities.

(4)

Public and private utilities.

Permitted accessory uses and structures. Permitted accessory uses and structures shall be as follows:

(1)

Private garages and off-street parking facilities.

(2)

Storage and maintenance buildings.

(3)

Customary accessory structures approved as part of the site plan for the development, including fences, walls, lampposts, trellises and other similar structures.

(4)

Private swimming pools, pool clubhouses, tennis courts and other recreational facilities for resident use.

(5)

Signs.

(6)

Detention basins and pump stations.

(7)

Patio areas.

Permitted conditional uses. Permitted conditional uses shall be all conditional uses permitted in the R-1 Residential District.

Off-street parking. Per RSIS.

Signs. See Article XII.

Density. The gross density may not exceed seven units per acre.

Bulk requirements.

(1)

There shall be the following minimum distances between buildings:

Part of Building			Minimum Distance (feet)
Windowless wall to windowless wall			20
Window wall to windowless wall			25
Window wall to window wall:
	Front to front:
		Building height of up to 30 feet	50
		Building height of 30 feet or more	75
	Rear to rear		50
	End to end or end to rear		30
Any building face to collector street curb			40
Any front building face to noncollector curb face or edge of pavement			22
Any side or rear building face to any noncollector street curb			18
Any building face to common parking area, except garage			12
Garage face to common parking area			5

(2)

Minimum distance reduction. The Planning Board may reduce the above distances by not more than 1/3 if there is an angle of 20° or more between buildings and if extensive landscaping or buffers are placed between buildings.

(3)

Coverage. The maximum coverage by buildings shall not exceed 22%. The maximum coverage by all impervious surfaces, including buildings and public and private roads, shall not exceed 50%.

(4)

Buffer areas. No building, deck, patio or part thereof, driveway or parking area shall be located within 50 feet of any property boundary line abutting a single-family residential use or a single-family residential zone.

(5)

Building height. No building shall contain more than three stories, nor shall any building exceed 35 feet in height.

Design standards for garden apartments and townhouses.

(1)

No building or group of attached buildings shall contain more than 18 garden apartment dwelling units or more than 10 townhouse units.

(2)

Townhouses shall have a minimum width of 18 feet per unit and shall have an offset of four feet between every 2 units.

(3)

No garden apartment building shall exceed a length of 200 feet.

(4)

No room within a dwelling unit intended for human habitation shall be located in a cellar, basement or attic, except that a cellar or basement in a townhouse dwelling unit may contain a family room or recreation room.

(5)

Townhouses and garden apartments within each cluster should be consistent in terms of architectural style and major design elements such as materials, windows, rooflines, roof designs, etc.

(6)

Accessory buildings shall meet the property line setbacks of the principal buildings.

(7)

Accessory buildings may have a maximum height of 16 feet, except that recreational buildings and facilities shall be governed by the height limitations for principal buildings.

(8)

Garages may be built into the principal structure or separately constructed to the following standards:

(a)

Each garage space shall be at least 10 feet in width and 20 feet in depth.

(b)

Each group of attached garages shall have a joint capacity of not more than 12 automobiles arranged in a row, and there shall be a minimum distance of 10 feet end to end between structures.

(9)

Exterior television antennas shall be limited to one master antenna per building.

Common open space and common elements.

(1)

A minimum of 25% of the land in the R-5 District shall be designated for common open space and/or recreation. Up to 25% of the designated common open space may consist of natural or man-made water bodies. The common open space area shall include all common recreational facilities, landscaped open areas and buffer areas as required in Subsection G(4) above. The common open space shall exclude all private patios and yard areas.

(2)

All property owners and tenants in the development shall have the right to use the common open space and any recreational facilities located on the site.

(3)

Common open space may be deeded to the Borough, if accepted by the governing body.

(4)

All common open space not accepted by the Borough and all common elements in the development shall be deeded to an open space organization established to own and maintain the common elements as provided by N.J.S.A. 40:55D-43. The open space organization documents shall be submitted to the Borough Attorney for review and approval.

§ 207-110 R-1/IRD-1 Inclusionary Residential Overlay District.

An Inclusionary Residential Overlay District (R-1/IRD) is hereby created in the vicinity of Vones Lane (Block 1, Lots 4 and 6) and may be used by a developer to provide for the construction of low- and moderate-income housing as part of an inclusionary housing project. The single-family overlay option shall create no more than 119 housing units, including the requisite 24 affordable housing units in duplex units for sale to low- and moderate-income households.

Rehabilitation funding. Exercise of this overlay district concept requires the payment of $100,000 to assist the Borough in its rehabilitation of eligible low- and moderate-income housing. Fees for rehabilitation of housing shall be deposited in a separate interest-bearing housing trust fund. In establishing the housing trust fund, the Borough shall provide whatever express written authorization that may be required by the bank to permit COAH to direct the disbursement of fees. The timings of the payment from the developer shall be as follows:

(1)

Ten thousand dollars upon developer completion and closing on the first five market units in the R-1/IRD District.

(2)

Ten thousand dollars (second five market units).

(3)

Ten thousand dollars (third five market units).

(4)

Ten thousand dollars (fourth five market units).

(5)

Ten thousand dollars (fifth five market units).

(6)

Ten thousand dollars (sixth five market units).

(7)

Ten thousand dollars (seventh five market units).

(8)

Ten thousand dollars (eighth five market units).

(9)

Ten thousand dollars (ninth five market units).

(10)

Ten thousand dollars (tenth five market units).

Permitted uses. Permitted principal uses shall be:

(1)

Single-family detached residences.

(2)

Attached single-family (duplex) two- and three-bedroom residences, provided that such residences are part of an inclusionary development.

(3)

Public or private parks, playgrounds, recreation buildings and facilities.

Permitted accessory uses and structures. Permitted accessory uses and structures shall be as follows:

(1)

Private garages and off-street parking facilities.

(2)

Customary accessory uses and structures.

(3)

Private swimming pools.

(4)

Signs.

(5)

Detention basins and pump stations.

Permitted conditional uses. Permitted conditional uses shall be as follows:

(1)

Home occupations.

(2)

Public utility facilities.

Bulk requirements. Bulk requirements shall be as follows:

(1)

Single-family detached residences (minimum required unless otherwise indicated):

(a)

Lot size:

[1]

Corner lots: 10,000 square feet.

[2]

Interior lots: 7,000 square feet.

(b)

Lot width:

[1]

Corner lots: 90 feet.

[2]

Interior lots: 70 feet.

(c)

Front setback: 25 feet.

Side yard:

One side: five feet.

Both sides: 15 feet.

Rear yard: 35 feet.

Impervious coverage: 35% (maximum).

(g)

Height: 35 feet or 2 1/2 stories (maximum).

(2)

Attached single-family (duplex) residences (minimum required unless otherwise indicated):

(a)

Lot size:

[1]

Corner lots: 4,900 square feet.

[2]

Interior lots: 4,000 square feet.

(b)

Lot width:

[1]

Corner lots: 55 feet.

[2]

Interior lots: 40 feet.

(c)

Front setback: 25 feet.

(d)

Side yard: 10 feet.

(e)

Rear yard: 20 feet.

(f)

Impervious coverage: 40% (maximum).

(g)

Height: 35 feet or 2 1/2 stories (maximum).

Design standards for single-family attached duplex residences.

(1)

All duplex units shall front on streets internal to the new development.

(2)

One of the duplex units shall be located on a corner lot.

(3)

All duplex units shall have compatible exteriors with adjacent single-family detached residences and shall be designed to appear (from each street frontage) as one large single-family detached residence.

(4)

Each unit shall have at least a one-car attached garage.

(5)

Duplex units shall provide the following bedroom mix:

(a)

Two-bedroom units: 50%.

(b)

Three-bedroom units: 50%.

§ 207-111 IRD-2 Inclusionary Residential District.

[Amended 3-1-2022 by Ord. No. 2022-05]

An Inclusionary Residential District (IRD-2) is hereby created in the vicinity of the Raritan Extended Care Facility [Block 2, Lot 12.01 (12.62 acres)]. The IRD-2 Zone will permit new inclusionary multifamily and attached townhouses and stacked townhouse residences at a base gross density of 10 units per acre requiring an affordable housing set-aside of 15%. The zone will also permit a gross density of 20 units per acre requiring an affordable housing set-aside of 20% for those additional units realized from the difference between a gross density of 20 units per acre and the base density of 10 units per acre. The district shall be developed pursuant to the standards set forth below.

Permitted uses. Permitted principal uses shall be:

(1)

Nursing homes, rehabilitation centers and skilled nursing facilities existing as of the date of adoption of this section.

(2)

Multifamily residences.

(3)

Townhouses and stacked townhouse residences.

(4)

Public or private parks, playgrounds, recreation buildings and facilities.

(5)

Public and private utilities.

Permitted accessory uses and structures. Permitted accessory uses and structures shall be as follows:

(1)

Private garages and off-street parking facilities.

(2)

Customary accessory uses and structures approved as part of the site plan for the development, including refuse enclosures, fences, walls, lampposts, trellises and other similar structures.

(3)

Private swimming pools, clubhouses, tennis courts and other recreational facilities for resident use.

(4)

Signs.

(5)

Detention basins and pump stations.

(6)

Storage and maintenance buildings.

(7)

Patio areas.

(8)

Electric vehicle charging infrastructure and electric vehicle charging stations.

Permitted conditional uses. Permitted conditional uses shall be as follows:

(1)

Home occupations.

(2)

Public utility facilities.

Density. The gross density may not exceed 10 units per acre with the requirement that 15% of new units constructed be set aside and deed-restricted for low- and moderate-income households. Additional density equaling 10 units per acre shall be permitted provided that any additional units constructed shall include a 20% set-aside of units that shall be deed-restricted for low- and moderate-income households. The maximum gross density shall not exceed 20 units per acre, and the site shall be developed pursuant to the requirements of Articles XVII and XVIII.

Bulk requirements.

(1)

There shall be the following minimum distances between buildings:

Part of Building	Minimum Distance (feet)
Windowless wall to windowless wall	20
Window wall to windowless wall	25
Window wall to window wall:
Front to front:	50
Rear to rear	50
End to end or end to rear	30
Any building face to collector street curb	40
Any front or rear building face to noncollector curb face or edge of pavement	20
Any side building face to any noncollector street curb	15
Any building face to common parking area, except garage	10
Garage face to common parking area	5

(2)

Coverage. The maximum coverage by buildings shall not exceed 40%. The maximum coverage by all impervious surfaces, including buildings and public and private roads, shall not exceed 75%.

(3)

Yard and buffer areas. No building, deck, patio or part thereof, driveway or parking area shall be located within 25 feet of any property boundary line.

(4)

Building height. No building shall contain more than three stories, nor shall any building exceed 40 feet in height.

Design standards for garden apartments, townhouses and stacked townhouses.

(1)

No building or group of attached buildings shall contain more than 28 garden apartment dwelling units or more than 12 individual townhouse units. Where stacked townhouse units are proposed, no building shall contain more than 18 individual units.

(2)

Townhouses shall have a minimum width of 20 feet per unit and shall have an offset of two feet between every two units.

(3)

No garden apartment building shall exceed a length of 200 feet.

(4)

(5)

Townhouses and garden apartments within each cluster should be consistent in terms of architectural style and major design elements such as materials, windows, rooflines, roof designs, etc.

(6)

Accessory buildings shall meet the property line setbacks of the principal buildings.

(7)

Accessory buildings may have a maximum height of 16 feet, except that recreational buildings and facilities shall be governed by the height limitations for principal buildings.

(8)

Garages may be built into the principal structure or separately constructed to the following standards:

(a)

Each garage space shall be at least 10 feet in width and 20 feet in depth.

(b)

Each group of attached garages shall have a joint capacity of not more than 12 automobiles arranged in a row, and there shall be a minimum distance of 10 feet end to end between structures.

(9)

Exterior television antennas shall be limited to one master antenna per building.

Affordable housing requirements.

(1)

All affordable housing units constructed shall comply with Chapter 207, Land Use and Development, Part 6, Zoning, Article XVII, titled "Affordable Housing Requirements."

§ 207-111.1 IRD-4 Inclusionary Residential District.

[Added 3-1-2022 by Ord. 2022-04]

An Inclusionary Residential District (IRD-4) is hereby created for Block 2, Lot 11. The IRD-4 Zone will permit new inclusionary multifamily and attached townhouses and stacked townhouse residences at a base gross density of 10 units per acre requiring an affordable housing set-aside of 15%. The zone will also permit a gross density of 20 units per acre requiring an affordable housing set-aside of 20% for those additional units realized from the difference between a gross density of 20 units per acre and the base density of 10 units per acre. The district shall be developed pursuant to the standards set forth below.

Permitted uses. Permitted principal uses shall be:

(1)

Multifamily residences.

(2)

Townhouses and stacked townhouse residences.

(3)

Public or private parks, playgrounds, recreation buildings and facilities.

(4)

Public and private utilities.

Permitted accessory uses and structures. Permitted accessory uses and structures shall be as follows:

(1)

Private garages and off-street parking facilities.

(2)

Customary accessory uses and structures approved as part of the site plan for the development, including refuse enclosures, fences, walls, lampposts, trellises and other similar structures.

(3)

Private swimming pools, clubhouses, tennis courts and other recreational facilities for resident use.

(4)

Signs.

(5)

Detention basins and pump stations.

(6)

Storage and maintenance buildings.

(7)

Patio areas.

(8)

Electric vehicle charging infrastructure and electric vehicle charging stations.

Permitted conditional uses. Permitted conditional uses shall be as follows:

(1)

Home occupations.

(2)

Public utility facilities.

Bulk requirements.

(1)

There shall be the following minimum distances between buildings:

Part of Building	Minimum Distance (feet)
Windowless wall to windowless wall	20
Window wall to windowless wall	25
Window wall to window wall:
Front to front	50
Rear to rear	50
End to end or end to rear	30
Any building face to collector street curb	40
Any front or rear building face to noncollector curb face or edge of pavement	20
Any side building face to any noncollector street curb	15
Any building face to common parking area, except garage	10
Garage face to common parking area	5

(2)

Coverage. The maximum coverage by buildings shall not exceed 40%. The maximum coverage by all impervious surfaces, including buildings and public and private roads, shall not exceed 75%.

(3)

Buffer areas. No building, deck, patio or part thereof, driveway or parking area shall be located within 25 feet of any property boundary line.

(4)

Building height. No building shall contain more than three stories, nor shall any building exceed 40 feet in height.

Design standards for garden apartments, townhouses and stacked townhouses.

(1)

(2)

Townhouses shall have a minimum width of 20 feet per unit and shall have an offset of two feet between every two units.

(3)

No garden apartment building shall exceed a length of 200 feet.

(4)

(5)

Townhouses and garden apartments within each cluster should be consistent in terms of architectural style and major design elements such as materials, windows, rooflines, roof designs, etc.

(6)

Accessory buildings shall meet the property line setbacks of the principal buildings.

(7)

Accessory buildings may have a maximum height of 16 feet, except that recreational buildings and facilities shall be governed by the height limitations for principal buildings.

(8)

Garages may be built into the principal structure or separately constructed to the following standards:

(a)

Each garage space shall be at least 10 feet in width and 20 feet in depth.

(b)

Each group of attached garages shall have a joint capacity of not more than 12 automobiles arranged in a row, and there shall be a minimum distance of 10 feet end to end between structures.

(9)

Exterior television antennas shall be limited to one master antenna per building.

Affordable housing requirements.

(1)

All affordable housing units constructed shall comply with Chapter 207, Land Use and Development, Part 6, Zoning, Article XVII, titled "Affordable Housing Requirements."

§ 207-112 PACD Planned Adult Community Overlay District.

Permitted principal uses. The Planned Adult Community Overlay District allows, as an alternative use, an age-restricted adult/senior housing option within limited areas of the M-3 and P-2 Districts between the railroad and Route 202, in accordance with the Borough Master Plan.

(1)

Housing for age-restricted senior households in accordance with the definitions in Addendum A of the Federal Fair Housing Act, which may be designed as single-family detached dwellings, zero-lot-line dwellings, townhouses or apartments.

(2)

Recreation facilities for the exclusive use of the residents and their guests.

Permitted accessory uses. The following accessory uses shall be permitted in the Planned Adult Community Overlay District:

(1)

Off-street parking and private garage structures for the exclusive use of the residents and their guests.

(2)

Storage and maintenance facilities.

(3)

Customary accessory structures approved as part of the site plan for development, including fences, walls, light fixtures, sound barriers and other similar structures.

(4)

Management office, not to exceed 1,000 square feet.

(5)

Convenience retail and service uses, for the exclusive use of the residents, located within either a residential building or community building, not to be freestanding and not to exceed 3,000 square feet.

(6)

Signs. Signs shall comply with the general requirements of Article XII. Within the PACD, the following signs shall be allowed:

(a)

Signs permitted in § 207-97.

(b)

A freestanding sign not to exceed 30 square feet and a height of six feet measured from the ground line, located a minimum of 25 feet from the property line and limited to one per any street frontage. Such sign may be internally illuminated with nonglare lights or illuminated by shielded floodlights or spotlights.

(c)

Building identification signs not to exceed four square feet each and limited to one per building face for faces fronting on either a street or parking lot.

Permitted conditional uses. Permitted conditional uses shall be as follows:

(1)

Home occupations.

(2)

Public utility facilities.

Density, bulk and design requirements.

(1)

Tract size. The minimum tract size for a PAC shall be 20 acres.

(2)

Density. The gross density shall not exceed 20 dwelling units per acre, including a ten-percent set-aside of units affordable to low- and moderate-income, age-qualified households.

(3)

Lot coverage. Maximum lot coverage by residential buildings shall not exceed 50%, excluding common facilities such as clubhouses, gazebos, maintenance sheds, and similar structures. A minimum of 15% of the total site shall be landscaped, recreation and open space area.

(4)

Building height. No building shall exceed a height of four stories, excluding garage parking level(s).

(5)

Setbacks.

(a)

Minimum setback from property boundary: 50 feet from Route 202 and 25 feet or height of adjacent residential structure in PACD, whichever is the lesser.

(b)

Minimum distance between buildings: 20 feet between principal multifamily buildings, 15 feet between single-family detached principal buildings, and five feet between any principal building and detached garage.

(6)

Roads and off-street parking. All interior roads and off-street parking spaces shall be provided in accordance with applicable Residential Site Improvement Standards (RSIS), N.J.A.C. 5:21.

(a)

Parking spaces over a minimum of 1.5 spaces per unit may be banked, that is, shown on the site plan but not constructed, unless subsequent use indicates a need for the additional spaces.

(b)

No parking shall be permitted in the required twenty-five-foot setback area when adjacent to a residential zone.

(c)

A system of contiguous walkways shall be provided throughout the development, including its common areas, for safe pedestrian movement. Walkways need not be parallel to local streets.

(7)

Required housing mix.

(a)

No more than 20% of all dwellings shall be freestanding detached dwellings. These dwellings shall be designed and located on the tract in a manner as to provide a transition from the PACD to the adjacent R-4 Residential Zone.

(b)

At least 10% of the units shall be affordable to low- and moderate-income households, in conformance with the rules and requirements of this chapter and the Council on Affordable Housing. Affordable households must also meet the age requirements for housing within the PACD.

(8)

Recreation facilities.

(a)

The areas within the common open space shall provide recreation facilities appropriate for the size of the development.

(b)

The recreation facilities may include a central recreation complex, including such facilities as a clubhouse, swimming pool, tennis courts, and picnic areas.

(c)

The recreation facilities may include a meandering open space and walkway system linking residential clusters.

(9)

Buffers.

(a)

Buffering shall provide a year-round visual screen in order to minimize adverse impacts between the site and adjacent areas. Buffering shall also ensure privacy for dwelling units and minimize adverse impacts from traffic, noise and glaring light.

(b)

Buffering may consist of a combination of either fencing or evergreens, or combinations of materials, to achieve the stated buffering objectives.

(10)

Establishment of owners association. The developer shall provide for an organization for the ownership and maintenance of any common facilities and recreation facilities, landscaped areas and internal roadways for the benefit of owners and residents of the development.

§ 207-113 PDRD Planned Downtown Residential Development District.

The Planned Downtown Residential Development District (PDRD) is intended to promote redevelopment of brownfield and former manufacturing sites, to create a catalyst for further redevelopment of adjacent structures and sites, to support the Borough's retail businesses, and to contribute public amenities and economic vitality to the surrounding neighborhoods. The PDRD District requires the remediation of existing brownfields and/or the reclamation of former manufacturing sites.

Properties within PDRD Overlay District. The PDRD Overlay District requirements apply to the following identified properties within the Borough:

	Lot	Block
	12	116
	12.01	116.02

Permitted uses:

(1)

Multifamily dwellings.

(2)

Public or private parks, playgrounds, recreation buildings and facilities.

Permitted accessory uses. The following accessory uses shall be permitted as follows:

(1)

Off-street parking and private garage structures for the exclusive use of the residents and their guests.

(2)

Storage and maintenance facilities.

(3)

Customary accessory structures approved as part of the site plan for development, including fences, walls, light fixtures, sound barriers and other similar structures.

(4)

Management office, not to exceed 1,000 square feet.

(5)

(6)

Signs. Signs shall comply with the general requirements of Article XII. Within the PDRD, the following signs shall be allowed:

(a)

Signs permitted in § 207-97.

(b)

(c)

Building identification signs, not to exceed 10 square feet each, and limited to one per building face for faces fronting on either a street or parking lot.

Density bulk and design standards. A PDRD will be governed by the following density, bulk and design standards:

(1)

A minimum site area of 2.75 acres. For purposes of determining total parcel acreage, public streets located between properties under control of the PDRD do not constitute a break in parcel continuity.

(2)

Maximum density: 13.5 market-rate dwelling units per gross acre, exclusive of manager's apartment. Land dedicated to public use (whether contiguous or not) should be included in the calculation of maximum density and maximum impervious lot coverage. Notwithstanding any other provisions of the Code of the Borough of Raritan as to the required number of affordable units to be provided in an inclusionary development zone, the number of required affordable units to be constructed within the PDRD shall be as determined by the Council on Affordable Housing.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(3)

Maximum building height: four stories over one level of parking or 60 feet above grade, whichever is greater; the total number of stories in a building and the vertical distance measured from the average elevation of the finished lot grade at the front of the building to the highest point of the roof adjacent to the street wall for flat roofs, to the deckline of mansard roofs, and to the mean height between eaves and ridges for gable or hip or gambrel or pent roofs. The front of a building shall be that portion of the structure nearest a public street.

(4)

Maximum impervious coverage: 80%.

(5)

Building setback to tract boundaries: to be determined and established by the Planning Board within site plan review and approval, but to be, at a minimum, no closer than 10 feet.

(6)

Parking setback from any building: to be determined by the Planning Board during site plan review and approval, but to be, at a minimum, no closer than five feet.

(7)

Parking setback to tract boundaries: to be determined and established by the Planning Board within site plan review and approval, but to be, at a minimum, no closer than five feet.

(8)

Provision of a public amenity, park or recreation facility involving an area of 10% or more of the total PDRD site area.

(9)

Contribution or implementation of off-tract streetscape improvements consistent with the Borough's adopted Somerset Street streetscape program, with the intention that adjoining streets to Somerset Street which have a rational nexus to the subject property are to have compatible streetscape improvements with frontages and street trees and extensive landscaping. The extent and requirements of contribution and implementation shall be determined by the Planning Board.

(10)

Dwelling unit and site features.

(a)

All structures with four floors are to be served by elevators.

(b)

All dwelling units must be handicapped accessible.

(c)

Provisions for private recreation facilities.

(d)

Building arrangements. In a grouping of more than one residentially occupied building on a tract, the following distances shall be maintained between structures: to be determined and established by the Planning Board within site plan review and approval.

(11)

Minimum off-street parking. Parking shall be provided in accordance with RSIS standards and may be reduced to no less than the following:

(a)

One and eight-tenths spaces per one-bedroom unit.

(b)

Two-tenths spaces per two-bedroom unit.

(c)

A portion of the required parking may be provided along public streets.

(12)

Landscaping. See § 207-67. Any buffer requirements where development abuts existing residential properties or zones to help mitigate negative impact associated with variations in density and use shall be determined by the Planning Board at the time of site plan review.

(13)

Trash disposal. The owner of the property shall be responsible for making arrangements for pickup and disposal of trash for any development within this site, including the cost of same. The schedule of pickup and disposal, as well as the method, shall be subject to approval of the Board of Health and/or Sanitation Department of the Borough of Raritan.

(14)

Any site plan review shall include a fiscal impact analysis of the new development proposed.

(15)

Traffic circulation.

(a)

Primary vehicular access to any site is to be provided from Orlando Drive/Mill Street and also must include pedestrian access to both Orlando Drive/Mill Street and to the Somerset Street business area. All entrances and exits to the site shall be at locations approved by the Board to ensure maximum traffic and pedestrian safety.

(b)

Direct ingress to or egress from the site shall be prohibited within 150 feet of any street intersection.

(16)

State approval of cleanup or approach to the closure of site. No conditional use will be approved by the Planning Board without evidence from the applicant that the New Jersey Department of Environmental Protection (NJDEP) has inspected the site of the industrial operation which may have stored, treated, handled and/or transported hazardous materials or toxic waste. As evidence that the site's closure and cleanup has been evaluated and/or an approach to its cleanup has been developed, the applicant must submit one of the following documents issued by the NJDEP:

(a)

Letter of nonapplicability.

(b)

Negative declaration.

(c)

Administrative consent order.

(d)

Evidence of other agreements reached between the owner and NJDEP.

§ 207-114 B-1 Central Business District.

The B-1 Zone encompasses the Borough's traditional downtown business district. The district contains a mix of uses, occupying relatively small spaces. Often, several different businesses are contained within a single building or residential apartments may be located above first-floor commercial uses. Uses reflect the everyday needs of the local residents, mixed with specialty and one-of-a-kind shops and services, owner-operated small businesses, and restaurants. Buildings are located directly abutting the sidewalk and generally present a continuous street facade, with occasional breaks to access parking and services to the rear. On-site parking is limited by the extent of building improvements, and customer parking is generally found on the street or in common parking lots. The buildings, signage and streetscape are pedestrian oriented.

Permitted principal uses. Permitted principal uses shall be:

(1)

Commercial, general business and other retail stores, limited to:

(a)

Grocery stores, dairy stores and retail bakeries.

(b)

Book, stationery and novelty stores.

(c)

Department, apparel and accessories stores.

(d)

Florist shops.

(e)

Furniture, home furnishings and equipment stores.

(f)

Paint and hardware stores.

(g)

Jewelry stores.

(h)

Home appliance sales and repair stores.

(i)

Sporting goods, bicycles and hobby stores.

(j)

Eating and drinking places, not including drive-in restaurants.

(k)

Optical goods stores.

(l)

Liquor stores.

(m)

Antique stores, gift, novelty and souvenir stores.

(n)

Camera, photographic supply and art supply stores.

(o)

Luggage and leather goods stores.

(p)

Drugstores.

(2)

Offices for professional or business uses, including executive, engineering, accounting, scientific, research and development, and statistical and financial purposes.

(3)

Personal service establishments, such as but not limited to:

(a)

Banks and fiduciary institutions.

(b)

Credit agencies.

(c)

Security and commodity brokers.

(d)

Real estate, insurance and title offices.

(e)

Holding and investment company offices.

(f)

Laundry and dry-cleaning self-service and pickup stores.

(g)

Photographic studios.

(h)

Barbers, beauty shops and day spas.

(i)

Shoe repair shops.

(j)

Garment pressing, alteration and repair shops.

(k)

Miscellaneous repair services, other than automotive.

(l)

Indoor theaters, clubs or assembly halls.

(m)

Commercial schools.

[Amended 10-12-2010 by Ord. No. 10-12]

(n)

Medical and health services, excluding veterinarian services.

(o)

Legal services.

(p)

Engineering and architectural offices.

(q)

Accounting and bookkeeping services.

(r)

Travel agencies.

(4)

Residential uses, only above the ground floor. The ground floor shall only be utilized for nonresidential uses allowed in the zone. Residential density shall not exceed 15 units per acre, and each unit shall have a minimum net floor area of 900 square feet.

(5)

Public parking lots and public parking garages.

(6)

Libraries and other governmental and quasi-governmental offices.

(7)

Public or private parks, playgrounds, recreation buildings and facilities.

Permitted accessory uses. Permitted accessory uses shall be:

(1)

Private garages, including garages for apartment dwellers.

(2)

Any accessory use on the same lot with and customarily incidental to any use permitted in this district.

Permitted conditional uses. Permitted conditional uses shall be as follows:

(1)

Public, private and vocational schools.

[Amended 10-12-2010 by Ord. No. 10-12]

(2)

Public utility facilities.

(3)

Places of worship.

(4)

Nonprofit chartered membership organizations.

Lot area and yard requirements. See the Schedule of Bulk Requirements.[1]

(1)

Lots with existing widths of 40 feet or greater shall not require a lot width variance; however, no lot shall be subdivided if the lot width of each of the resulting lots shall be less than 60 feet.

(2)

The rear yard setback shall be used to provide a buffer to abutting residential zones in accordance with Subsection J below.

[1]

Editor's Note: The Schedule of Bulk Requirements is included at the end of this chapter.

Off-street parking.

(1)

Off-street parking for new or expanded uses shall be provided in accordance with the requirements of Article IX. Where the Board determines that parking cannot be provided on site, the applicant may provide the required off-street parking at an off-site facility which he either owns or controls. Such parking shall be for that designated use unless otherwise approved by the Board as part of a joint parking arrangement.

(2)

Where parking currently exists on site, it shall not be discontinued, changed or dispensed with without establishing alternate off-street parking arrangements, to be approved by the Board.

(3)

Applicants shall undertake joint parking improvements with adjacent uses, in accordance with § 207-63D, where such improvements will increase the number of parking spaces that would be available and/or improve access and circulation to parking lots located at the rear of buildings.

Signs. See Article XII.

Outdoor display and sidewalk use. The area in front of a commercial use in a business zone may be used for the occasional display of seasonal and sale items or temporary signs, not to be left out overnight, provided that a minimum of four feet of open sidewalk is maintained for pedestrian use. For longer-term (greater than 14 days) use of the sidewalk area for sidewalk displays, kiosks and such activities as outdoor sitting and dining areas shall require minor site plan approval from the Planning Board. Such approval shall include the following requirements:

(1)

No food or foodstuffs shall be displayed or offered for sale for either takeaway or consumption within outdoor dining areas except by a merchant whose normal business includes the sale of such items. Such business shall be located within 25 feet of the outdoor use area.

(2)

All required food-handling permits shall be current.

(3)

A trash receptacle of at least 25 gallons' capacity shall be provided within five feet of the service area, unless wait service is provided for the service of food and the clearing and cleaning of tables.

(4)

The outdoor use area shall not block pedestrian or motor vehicle traffic, including handicapped pedestrian access, or visually or physically obstruct vehicular traffic.

(5)

The outdoor use area shall be owned or leased by the user, and such user shall provide documentation of his right to use the space.

Awnings and canopies.

(1)

Definitions. As used in this section, the following terms shall have the meanings indicated:

AWNING

A structure made of cloth, canvas, or vinyl, with a frame attached to a building or other structure, which is so erected as to permit it to be raised to a position against the building or structure when not in use.

AWNING, WINDOW

A structure made of cloth, plastic, metal, or other architectural material which provides a permanent roof-like shelter over an upper-story window, either installed to be retractable or in a fixed position.

CANOPY

A structure, in a fixed position, made of cloth, plastic, metal, or other architectural material, which provides a permanent roof-like shelter over a public or quasi-public right-of-way. In the case of a gasoline service station, a canopy is a roof-like cover that is supported by one or more columns or stanchions, does not have any sidewalls and is used primarily to shield the pumps from the elements.

(2)

Design standards. The ground level of a building in a business district may have awnings or canopies, where appropriate, to complement the architectural style of a building. Awnings and canopies may also be used on the upper levels of a building, where appropriate. The design of awnings and canopies shall be architecturally compatible with the style, materials, colors, and details of such buildings and should not conceal significant architectural features, such as cornices, columns, pilasters, or other trim details. Internally illuminated or backlit awnings and canopies are not appropriate. The following standards for ground-level awnings and canopies shall be adhered to:

(a)

The maximum height from the ground level to the uppermost portion of an awing or canopy shall not exceed the height of the sill or bottom of any second-story window or 15 feet, whichever is less. In the case of single-story buildings, the maximum height shall not exceed 12 feet or the top of the wall, whichever is less.

(b)

The minimum height from the ground level to the lowermost portion of canopy shall be eight feet.

(c)

The maximum horizontal projection dimension of an awning from the building wall, including any appurtenances, shall not exceed six feet from the building face. Awnings may project over a public sidewalk but shall not be closer than two feet to the vertical plane of the curb edge or the edge of any other public right-of-way. No awning shall project over a public sidewalk when the business it relates to is not open for business.

(d)

No canopy with a projection of greater than nine inches from the building wall face shall project over a public right-of-way, unless approved by the Borough Council.

(e)

The maximum total vertical dimension of an awning shall not exceed the total horizontal projection dimension.

(f)

An awning's surfacing material shall be constructed of canvas only.

(g)

No awning shall contain more than two colors, plus white. The color of any sign messages or other graphic features shall be included in the number of colors. The colors must be compatible with the architectural color scheme of the entire building.

(h)

On buildings with multiple storefronts, compatible awning and canopy frame styles shall be used as a means of unifying the structure.

(i)

All signage on awnings shall conform to Article XII, Signs.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(j)

All signage mounted, affixed, or displayed directly on a canopy shall be regulated as wall-mounted signs in accordance with Article XII, Signs. No canopy used as an internally illuminated wall-mounted sign shall project more than nine inches from the building face to which the canopy is attached.

(3)

Permit required for awnings and canopies.

(a)

An application must be made to the Zoning Officer for the issuance of a zoning permit by any person wishing to erect, alter, modify or expand any awning or canopy.

(b)

A construction permit and any other permits that may be required for the erection or modification of an awning or canopy may only be issued subsequent to the issuance of a zoning permit by the Zoning Officer.

(c)

This subsection regulates design standards, composition, color, fabric, placement and dimensions for all awnings and canopies in the Borough. If the Zoning Officer determines that the proposed awning and/or canopy does not conform to the requirements contained herein, the applicant shall be informed that Planning Board approval of an application for development is required.

[Amended 7-26-2011 by Ord. No. 11-07[3]]

[3]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(d)

On properties in an application for site plan and review, all awnings and canopies shall be approved by the Board which has jurisdiction as part of the site plan application prior to the issuance of permits for signs.

Facade improvements.

(1)

Design elements. When a commercial storefront is proposed for restoration or alteration or a new storefront is proposed for construction in a downtown streetscape, the architecture and design of the building should be consistent and compatible with traditional downtown commercial design, with the original design of the buildings, and with the adjacent buildings and structures. The following design elements should be considered:

(a)

The relationship of the height to adjacent buildings.

(b)

The relationship of the width of the building to its height.

(c)

The relationship of the entrances to the street, including recessed entrances.

(d)

The relationship of the first-floor facade to the street, generally including large ground-level display windows and openings framed by vertical piers and a horizontal supporting beam, sometimes a transom over the storefront and a cornice which covers the horizontal beam and possibly a separate entrance to the upper floors.

(e)

The upper-floor facade of buildings generally characterized by evenly spaced windows that repeat on each floor.

(f)

Compatibility of materials, texture and color for the facade and roof.

(g)

Size and mass of buildings in relation to open spaces, windows and door openings.

(h)

Consistent setback and orientation of buildings.

(2)

Maintenance and repair.

(a)

Retain and repair all elements, materials, and features that are original to the storefront or are sensitive remodelings.

(b)

Consider restoring any original window opening that has been covered, filled in, or altered.

(c)

Remove any materials, elements, and sign panels that cover display windows, transoms, or bulkheads and that obscure original architectural elements such as windows, cornices, or decorative features.

(d)

Avoid adding incompatible elements or materials such as coach lanterns, overhanging roofs, small-paned windows, wood shakes, vertical siding, or shutters on windows where they never previously existed.

(e)

Avoid creating a false historic appearance by remodeling a building with elements from an earlier period of construction.

(3)

Construction guidelines.

(a)

If feasible, return a storefront to its original configuration by restoring as many original elements as possible, including windows, cornices, and decorative details. This work should be based on pictorial research and exploratory demolition that has determined the original storefront design and condition. If reconstruction is not possible, any new storefront design should respect the character, materials, and design of the building.

(b)

New storefronts on new buildings should be compatible with the character of original storefronts in the Somerset Street Business District.

(c)

Doors should be included in all storefronts to reinforce street-level vitality. Similarly, street-level facades should provide visual interest rather than having blank walls. Recessed entries should be encouraged for this purpose. A recessed entry also avoids the potential risk of pedestrian conflicts caused by doors swinging into the public sidewalk area.

(d)

A building on a corner lot should be considered a more significant structure from a design standpoint since it has two facades visibly exposed to a public street. A corner lot building should be designed to have additional architectural embellishment relating to its location along multiple streets.

(e)

Structures such as parking garages should have street-level storefronts or windows for businesses.

Buffers shall be provided along property lines directly abutting residential zones in accordance with § 207-67. In addition to these general provisions, the buffers shall be designed to shield headlight glare into residential properties and to prevent access by either vehicles or pedestrians between the two zones, except as specifically permitted by the Board, with the consent of the affected property owners.

Dumpsters shall be located to the greatest extent possible in the rear of the building and in any case shall be kept within an area screened from view from adjacent residential uses and from Somerset Street.

§ 207-115 B-2 Shopping Center District.

The B-2 Zone encompasses the Borough's large-lot highway-oriented business areas. The district contains a mix of larger retail uses, often designed as multi-use centers with shared access and parking, containing different businesses within one or several freestanding buildings. Sites are designed to function independently, providing sufficient parking and other appurtenances to service the on-site uses. Uses provide for the less frequent needs of both local residents and a wider regional market, and many of the stores are local branches of national or regional companies. The buildings, signage and streetscape are highway oriented.

Permitted principal uses. Permitted principal uses shall be:

(1)

Retail commercial establishments, limited to the following:

(a)

Uses allowed in § 207-114A(1) of the B-1 Zone.

(b)

Supermarkets.

(c)

Electronic and computer stores.

(d)

Commercial music recording studios.

[Added 7-24-2012 by Ord. No. 12-12]

(2)

Personal service establishments, limited to the following:

(a)

Uses allowed in § 207-114A(3) of the B-1 Zone.

(b)

Indoor recreation facilities, including bowling alleys, fitness centers.

(3)

Public or private parks, playgrounds, recreation buildings and facilities.

Permitted accessory uses. Permitted accessory uses shall include:

(1)

Garage spaces for the storage of commercial vehicles used in conjunction with a permitted principal use.

(2)

Any accessory use on the same lot with and customarily incidental to any use permitted in this district.

Permitted conditional uses.

(1)

Permitted conditional uses shall be all conditional uses permitted in the B-1 District.

(2)

Public garages or gasoline service stations.

Off-street parking. See Article IX.

Signs. See Article XII.

Lot area and yard requirements. See the Schedule of Bulk Requirements.[1]

[1]

Editor's Note: The Schedule of Bulk Requirements is included at the end of this chapter.

Buffers shall be provided along property lines directly abutting any residential zone in accordance with § 207-67. In addition to these general provisions, the buffers shall be designed to shield headlight glare into residential properties and to prevent access by either vehicles or pedestrians between the two zones.

Dumpsters shall be located to the greatest extent possible in the rear of the building and in any case shall be kept within an area screened from view.

§ 207-116 B-3 Highway Business District.

The B-3 Zone encompasses the Borough's older highway business development, generally running along Route 202 from Quick Avenue east to the circle and then south along Route 206. The district contains a mix of uses, occupying relatively small lots, containing one or more different businesses within a single building or complex and reflecting an earlier highway commercial development style. Businesses are generally small specialty and owner-operated one-of-a-kind shops and services, small offices, and restaurants. Buildings are generally set back from the highway to allow parking in front of the stores. On-site circulation and parking is constricted by the size and location of building improvements, and parking is generally limited and cramped. The buildings, signage and streetscape are highway oriented.

Permitted principal uses. Permitted principal uses shall be commercial, general business and retail stores, limited to:

(1)

Automobile showrooms for new vehicles.

(2)

Automobile parts and accessories stores.

(3)

Motor vehicle repair and upholstery shops, provided that all operations are conducted within a completely closed building.

(4)

Equipment sales and rental.

(5)

Funeral homes.

(6)

Garden supply centers.

(7)

Greenhouses for retail sales.

(8)

Plumbing and heating shops or contractors.

(9)

Tire shops, including recapping and retreading.

(10)

Wholesale stores and distributors in a completely enclosed building, but not involving the processing or treatment of goods as products.

(11)

Motels and hotels as regulated as conditional uses.

(12)

Eating and drinking establishments, not including drive-in restaurants.

(13)

Liquor stores.

(14)

Those uses as set forth in P-1 Office Building Districts, § 207-119A(1) and (2).

(15)

Adult day care.

(16)

Public or private parks, playgrounds, recreation buildings and facilities.

(17)

Commercial schools.

[Added 10-12-2010 by Ord. No. 10-12]

Permitted accessory uses. Permitted accessory uses shall be as follows:

(1)

Private garages necessary to store vehicles on the premises.

(2)

Any accessory use on the same lot with and customarily incidental to any use permitted in this district.

Permitted conditional uses. Permitted conditional uses shall be as follows:

(1)

All conditional uses permitted in the B-1 District.

(2)

Public garages or gasoline service stations.

(3)

Assisted living facilities and nursing homes.

(4)

Senior housing.

(5)

Hotels, motels and convention centers.

Off-street parking. See Article IX.

Signs. See Article XII.

Lot area and yard requirements. See the Schedule of Bulk Requirements.[1]

[1]

Editor's Note: The Schedule of Bulk Requirements is included at the end of this chapter.

Dumpsters shall be located to the greatest extent possible in the rear of the building and in any case shall be kept within an area screened from view.

§ 207-117 B-4 Neighborhood Business District.

The B-4 Zone includes scattered commercial sites, typically found intermixed in residential areas, which provide retail and personal services to their immediate neighborhood. The district contains a mix of uses, usually occupying individual isolated sites surrounded by residential zones and uses. Different businesses may be contained within a single building and include one-of-a-kind shops and services, owner-operated small businesses, and restaurants.

Permitted principal uses. Permitted principal uses shall be:

(1)

Commercial, general business and other retail stores, such as but not limited to:

(a)

Convenience stores, dairy stores and retail bakeries.

(b)

Book, stationery and novelty stores.

(c)

Florist shops.

(d)

Furniture, home furnishings and equipment stores.

(e)

Paint and hardware stores.

(f)

Jewelry stores.

(g)

Home appliance sales and repair stores.

(h)

Sporting goods, bicycle and hobby stores.

(i)

Eating and drinking places, not including drive-in restaurants.

(j)

Optical goods stores.

(k)

Liquor stores.

(l)

Antique stores, gift, novelty and souvenir stores.

(m)

Camera, photographic supply and art supply stores.

(n)

Luggage and leather goods stores.

(o)

Drugstores.

(2)

Offices for professional or business uses, including executive, engineering, accounting, scientific, research and development, and statistical and financial purposes.

(3)

Personal service establishments, such as but not limited to:

(a)

Banks and fiduciary institutions.

(b)

Credit agencies.

(c)

Security and commodity brokers.

(d)

Real estate, insurance and title offices.

(e)

Holding and investment company offices.

(f)

Laundry and dry-cleaning self-service and pickup stores.

(g)

Photographic studios.

(h)

Barbers, beauty shops and day spas.

(i)

Shoe repair shops.

(j)

Garment pressing, alteration and repair shops.

(k)

Miscellaneous repair services, other than automotive.

(l)

Indoor theaters, clubs or assembly halls.

(m)

Commercial schools.

[Amended 10-12-2010 by Ord. No. 10-12]

(n)

Medical and health services, excluding veterinarian services.

(o)

Legal services.

(p)

Engineering and architectural offices.

(q)

Accounting and bookkeeping services.

(r)

Travel agencies.

(4)

Libraries and other governmental and quasi-governmental offices.

(5)

Public or private parks, playgrounds, recreation buildings and facilities.

Permitted accessory uses. Permitted accessory uses shall be:

(1)

Any accessory use on the same lot with and customarily incidental to any use permitted in this district.

Permitted conditional uses. Permitted conditional uses shall be as follows:

(1)

Public, private and vocational schools.

[Amended 10-12-2010 by Ord. No. 10-12]

(2)

Public utility facilities.

(3)

Places of worship.

(4)

Nonprofit chartered membership organizations.

Lot area and yard requirements. See Article XIV.

(1)

The rear yard setback shall be used to provide a buffer to abutting residential zones in accordance with § 207-119I below.

Off-street parking.

(1)

(2)

Where parking currently exists on site, it shall not be discontinued, changed or dispensed with without establishing alternate off-street parking arrangements, to be approved by the Board.

(3)

Signs. See Article XII.

§ 207-118 B-5 Transit Center Business District.

The B-5 Zone is designed to take advantage of its location in close proximity to the railroad station, providing for the everyday needs of commuters and people living and working in the immediate neighborhood. Any development of the site shall be required to provide for its share of COAH-required affordable units through either the creation of off-site affordable units or a payment in lieu. Buildings shall be located directly abutting a sidewalk along First Avenue and shall generally present a continuous street facade on this street.

Permitted principal uses. Permitted principal uses shall be:

(1)

Commercial, general business and other retail stores, such as, but not limited to:

(a)

Convenience stores, dairy stores and retail bakeries.

(b)

Book, stationery and novelty stores.

(c)

Eating and drinking places, not including drive-in restaurants.

(d)

Florist shops.

(e)

Drugstores.

(2)

Offices for professional or business uses, including executive, engineering, accounting, scientific, research and development, and statistical and financial purposes.

(3)

Personal service establishments, such as but not limited to:

(a)

Banks and fiduciary institutions.

(b)

Credit agencies.

(c)

Security and commodity brokers.

(d)

Real estate, insurance and title offices.

(e)

Holding and investment company offices.

(f)

Laundry and dry-cleaning self-service and pickup stores.

(g)

Dance, music, art and martial arts studios and schools.

(h)

Barbers, beauty shops and day spas.

(i)

Shoe repair shops.

(j)

Garment pressing, alteration and repair shops.

(k)

Miscellaneous repair services, other than automotive.

(l)

Medical and health services, excluding veterinarian services.

(m)

Health clubs, day spas.

(n)

Barbershops and beauty salons.

(o)

Legal services.

(p)

Engineering and architectural offices.

(q)

Accounting and bookkeeping services.

(r)

Travel agencies.

(4)

Off-site affordable housing, in accordance with Article XIII.

(5)

Public parking lots and public parking garages.

(6)

Libraries and other governmental and quasi-governmental offices.

(7)

Public or private parks, playgrounds, recreation buildings and facilities.

Permitted accessory uses. Permitted accessory uses shall be:

(1)

Any accessory use on the same lot with and customarily incidental to any use permitted in this district.

Permitted conditional uses. Permitted conditional uses shall be as follows:

(1)

Public utility facilities.

Lot area and yard requirements. See the Schedule of Bulk Requirements.[1]

[1]

Editor's Note: The Schedule of Bulk Requirements is included at the end of this chapter.

Off-street parking.

(1)

Off-street parking shall be provided in accordance with the requirements of Article IX.

(2)

Additional parking for commuters may be provided on a permit basis, and shared parking may be used to provide part or all of the commuter parking.

Signs. See Article XII.

Special design requirements.

(1)

Applicants for the redevelopment of this site should review the report and concept plans for this site found in the Borough planning document entitled "Transit Village Study for Raritan Borough," dated October 26, 2006.

(2)

Affordable housing. The provision of affordable housing shall be a mandatory requirement for the development of the site. The minimum number of affordable units shall be that required to meet the growth share generated by the redevelopment of the site. Affordable units shall be provided off site, through either the creation of new affordable units by rehabilitation, construction, buy-down or the payment in lieu of construction.

(3)

Railroad accessibility. The project shall include a continuous sidewalk from Third Street to the north end of Second Street. Provisions shall be made in the site design to facilitate the construction of pedestrian access along the northern boundary of the site from First Avenue to Second Avenue, including a pedestrian overpass across First Avenue.

(4)

Screening. A landscaped screen shall be provided along the rear and side property lines of the abutting residential uses on Third Street and between any proposed building and the railroad to provide a year-round buffer.

(5)

Noise attenuation. Any units constructed adjacent to the railroad shall contain noise-attenuation materials and construction techniques to ensure compliance with HUD noise standards.

(6)

Vehicular access to Second Street shall be restricted to emergency purposes only.

§ 207-119 P-1 Office Building District.

Permitted principal uses. This zone district is designed for larger scale uses that require or benefit from direct highway access and permits only the following principal uses:

(1)

Offices for professional or business uses, including executive, engineering, accounting, scientific, research and development, and statistical and financial purposes.

(2)

Laboratories devoted exclusively to research, product development and testing, engineering development and sales development.

Accessory uses. Accessory uses permitted in the P-1 Zone District shall be limited to and regulated as follows:

(1)

Private garages and other fully enclosed storage space necessary to store equipment, materials, or motor vehicles associated with the principal use on the premises.

(2)

Any accessory use on the same lot with and customarily incidental to any use permitted in this district.

Permitted conditional uses. Permitted conditional uses shall be as follows:

(1)

Public utility facilities.

(2)

Nonprofit chartered membership organizations.

(3)

Assisted living facilities and nursing homes.

Design standards. The following requirements shall apply to the P-1 Office Building District:

(1)

Traffic circulation.

(a)

Direct ingress to or egress from the site shall be prohibited within 150 feet of any intersection.

(b)

Each site shall be provided with marginal roads or access lanes to serve the required parking area as approved by the Planning Board. Such roads or lanes shall have a width between curbs of not less than 30 feet if raised curbs are installed; provided, however, that a width of 24 feet between curbs shall be permitted where flush curbing is installed. One-way roads or lanes properly designated as such may have a width of not less than 18 feet with raised curbs and 15 feet where flush curbs are installed. No direct access to any off-street parking space or stall shall be permitted from such roads or lanes.

(2)

Trash disposal. Each site shall be provided with an area or areas properly screened and concealed from any parking area or any adjacent property for orderly deposit and pickup of trash and garbage.

(3)

Temporary outdoor storage and structures. Temporary outdoor storage and structures shall be permitted on the site, provided that they are concealed from view of any adjacent property, and provided further that no such storage or structure shall remain on the premises more than 30 days. The display of any article or equipment placed on the exterior premises of any building is prohibited unless screened from view from adjoining properties in accordance with an approved plan.

Performance standards. All uses in this district shall comply with the performance standards in Article XIII.

Off-street parking. See Article IX.

Signs. See Article XII.

Lot and yard requirements. See the Schedule of Bulk Requirements.[1]

[1]

Editor's Note: The Schedule of Bulk Requirements is included at the end of this chapter.

Buffers shall be provided along property lines in accordance with § 207-67.

§ 207-120 P-2 Office Building District.

Permitted principal use. The P-2 Office Building District is designed for smaller scale uses in existing buildings, often conversions from residential uses, and permits only the following uses:

(1)

Offices for professional, administrative or business uses, including executive, engineering, accounting, scientific, research and development, and statistical and financial purposes.

Accessory uses permitted in the P-2 Zone District shall be limited to and regulated as follows:

(1)

Private garages and other fully enclosed storage space necessary to store equipment, materials, or motor vehicles associated with the principal use on the premises.

(2)

Any accessory use on the same lot with and customarily incidental to any use permitted in this district.

Permitted conditional uses. Permitted conditional uses shall be as follows:

(1)

Public utility facilities.

(2)

Nonprofit chartered membership organizations.

Performance standards. All uses in this district shall comply with the performance standards in Article XIII.

Off-street parking. See Article IX.

Signs. See Article XII.

Lot and yard requirements. See Article XIV.

Buffers shall be provided along property lines in accordance with § 207-67.

§ 207-121 OMR Office, Light Manufacturing and Recreation District.

Permitted principal uses. This district is for selected, nonnuisance uses compatible with the residential character of the area and the goals and intent of the Raritan River Greenway. Permitted principal uses shall be as follows:

(1)

Offices for professional or business uses, including executive, engineering, accounting, scientific, research and development, and statistical and financial purposes.

(2)

Scientific research laboratories or other experimental, testing or research establishments, such as product development, provided that no processing of raw materials shall be permitted and there is no commercial production of goods, products or materials except as would otherwise be permitted in Subsection A(3) below.

(3)

Any use of a light manufacturing nature which involves only the processing, assembly or packaging of previously prepared or refined materials. The following light manufacturing uses are indicative of those which are intended to be permitted:

(a)

Manufacture, assembly or packaging of products from previously prepared materials such as cloth, plastic, paper, leather, precious or semiprecious stones or metals, but not including any manufacturing uses involving primary production of wood, metal, chemical or other products from raw materials.

(b)

Manufacture of electric and electronic instruments and devices.

(c)

Manufacture and processing of pharmaceutical products, biological, diagnostic and medicinal products and cosmetic products, food products and the like, but not including the production of fish or meat products, sauerkraut, vinegar or other noxious foodstuffs or the rendering or refining of fats and oils.

(4)

History, natural history and art museums.

(5)

Commercial recreational activities, such as bicycle rental, boat rental, trail information and shuttles, associated with the Raritan River Greenway.

(6)

Restaurants, not including drive-through or takeout restaurants.

(7)

Public or private parks, playgrounds, recreation buildings and facilities.

Permitted accessory uses. Permitted accessory uses shall be as follows:

(1)

Private garages and other fully enclosed storage space necessary to store equipment, materials or motor vehicles associated with the principal use on the premises.

(2)

Sale of food, souvenirs, sports accessories and sundry items associated with the principal uses allowed in Subsection A(4) and (5) above.

(3)

Any accessory use on the same lot with and customarily incidental to any use permitted in this district, but only within a fully enclosed building.

Permitted conditional uses. Permitted conditional uses shall be as follows:

(1)

Public utility facilities.

(2)

Nonprofit chartered membership organizations.

Off-street parking. See Article IX.

Signs. See Article XII.

Lot area and yard requirements. See the Schedule of Bulk Requirements.[1]

[1]

Editor's Note: The Schedule of Bulk Requirements is included at the end of this chapter.

Buffers shall be provided along property lines in accordance with § 207-67.

Performance standards. All uses in this district shall comply with the performance standards in Article XIII.

River access. Where feasible, riverfront access should be provided by means of an easement for public access running parallel to the river at or near the top of bank. Where this is not feasible, a street front sidewalk should be provided along the south side of Orlando Drive, and views to the river should be created.

§ 207-122 OM-2 Industrial Park District.

Permitted principal uses. This district is for medium-scale nonresidential uses, sited singly or with other uses in an office/industrial park and designed to limit adverse impacts on adjoining residential neighborhoods. Permitted principal uses shall be as follows:

[Amended 7-24-2012 by Ord. No. 12-12]

(1)

Offices for professional or business uses, including executive, engineering, accounting, scientific, research and development, and statistical and financial purposes.

(2)

Scientific research laboratories or other experimental, testing or research establishments such as product development, provided that no processing of raw materials shall be permitted and there is not commercial production of goods, products or materials except as would otherwise be permitted in Subsection A(3) below.

(3)

(a)

(b)

Manufacture of electric and electronic instruments and devices.

(c)

(4)

Public or private parks, playgrounds, recreation buildings and facilities.

(5)

Commercial music recording studios.

Permitted accessory uses. Permitted accessory uses shall be as follows:

(1)

Private garages and other enclosed storage space necessary to store equipment or motor vehicles associated with the principal use on the premises.

(2)

Storage of material and finished products incidental to the permitted use, provided that such storage is in enclosed buildings, that the total gross floor area used for storage and distribution does not exceed 30% of the aggregate gross floor area of all buildings upon the premises and that the business of the principal uses of the premises not be that of transporting or storing goods, products and merchandise for others.

Permitted conditional uses. Permitted conditional uses shall be all conditional uses permitted in the OMR District.

Off-street parking. See Article IX.

Signs. See Article XII.

Lot area and yard requirements. See the Schedule of Bulk Requirements.[1]

[1]

Editor's Note: The Schedule of Bulk Requirements is included at the end of this chapter.

Buffers shall be provided along property lines in accordance with § 207-67.

Performance standards. All uses in this district shall comply with the performance standards in Article XIII.

§ 207-123 OM-3 Limited Industrial District.

Permitted principal uses. This district is for large-scale research or engineering development, general office and light manufacturing uses which provide attractive, large-lot, low-coverage, campus-style development in designated areas adjacent to Route 202. Permitted uses shall include the following:

(1)

Scientific research laboratory or other experimental, testing or research establishments, such as product development, provided that no processing of raw materials shall be permitted except as such processing is incidental to the basic research purpose, and there is no commercial production of goods, products or materials except as would otherwise be permitted in Subsection A(3) below.

(2)

Central or general office buildings or computer facilities occupied solely by a single company or affiliated members of a corporate entity which do not include separate offices for rent or lease.

(3)

(a)

Manufacture, assembly or packaging of products from previously prepared materials such as cloth, plastic, paper, leather, precious or semiprecious stones or metals, but not including such operations as saw and planing mills, or any manufacturing uses involving primary production of wood, metal or chemical products from raw materials.

(b)

Manufacture of electric and electronic instruments and devices.

(c)

Manufacturing and processing of pharmaceutical products, biological, diagnostic and medicinal products and cosmetic products, food products and the like, but not including the production of fish or meat products, sauerkraut, vinegar or other noxious foodstuffs or the rendering or refining of fats and oils.

(4)

Public or private parks, playgrounds, recreation buildings and facilities.

Permitted accessory uses. The following accessory uses shall be permitted:

(1)

Private garages and other enclosed storage space necessary to store equipment or motor vehicles associated with the principal use on the premises.

(2)

Storage of materials and finished products incident to the permitted uses, provided that such storage is in enclosed buildings.

(3)

Storage and distribution of goods, products and merchandise incident to the business of the principal user of the premises, provided that all storage and distribution be in and from enclosed buildings, and that the storage and distribution do not violate any of the standards set forth in this chapter, and that the business of the principal user of the premises is not that of transporting or storing goods, products and merchandise for others.

(4)

Other accessory uses customarily associated with the manufacturing, research and office uses permitted in the district, such as cafeterias, banks, ATMs, convenience shops and services, employee recreation areas, waiting station shelters for public transportation and other facilities solely for the use and convenience of employees and visitors.

Permitted conditional uses. Permitted conditional uses shall be all conditional uses permitted in the OMR District.

Off-street parking. Off-street parking and loading facilities shall be provided in accordance with the requirements of § 207-63, except as follows:

(1)

No parking area shall be nearer than 100 feet to the side and rear lot lines and 200 feet to the front lot line.

(2)

Delivery parking areas and loading areas shall not be permitted in the front yard.

(3)

Driveways for ingress and egress shall not exceed two for each 500 feet of frontage on Route 202. At least one access point shall be at a signalized intersection with the highway. No driveway shall be less than 20 or more than 30 feet in width, nor shall it be located within 100 feet of an existing driveway.

Signs. See Article XII.

Lot area and yard requirements. Lot area and yard requirements shall be in accordance with Article XIV, except as follows:

(1)

Not less than 30% of the area of the lot shall be devoted exclusively to seeding and landscaping.

(2)

All main and accessory buildings shall be constructed or located upon a lot abutting and having a minimum frontage of 500 feet on Route 202.

Buffers shall be provided along property lines in accordance with § 207-67.

Performance standards. All uses in this district shall comply with the performance standards in Article XIII.

§ 207-124 G-1 Governmental District.

G-1 Governmental uses shall be all municipal uses and/or facilities deemed necessary and appropriate by the Borough Council. The Board may require landscaping, buffer planting and other buffer construction where it deems the same appropriate.

§ 207-125 RR Railroad District.

This district includes railroad-owned property and shall allow trackage, sidings, stations, maintenance buildings and yards and other related uses and/or facilities necessary for the continued operation of rail service.

§ 207-126 RG Riverfront Greenway.

[Amended 7-24-2012 by Ord. No. 12-13; 8-26-2014 by Ord. No. 2014-07]

The Riverfront Greenway District is intended primarily for public recreational use including a greenway, and other public uses. This district can also accommodate compatible private uses on public lands such as boat clubs and small marinas, boat and bicycle rentals, festivals, outdoor markets, entertainment venues, and mobile vendors. All such uses shall be subject to applicable licensing and permit requirements either currently in place or developed for such purposes by the Borough. All such uses must be designed, located, and operated so as not to interrupt access to or enjoyment of the riverfront and surrounding green spaces. The following additional standards shall apply to all privately operated recreational facilities in the Riverfront Greenway District:

All facilities, buildings, structures and parking lots shall be kept in good repair and in conformance with the Borough's Property Maintenance Code.[1]

[1]

Editor's Note: See Ch. 262, Property Maintenance.

All vegetated areas, including lawns, shall be properly maintained.

Wherever restroom facilities are provided, they shall be made available for use by all park patrons.

All buildings and structures shall be designed to complement the park setting, including, where possible, emulating the Adirondack style of architecture.

All facilities shall be compatible with, and supportive of, the Somerset County Bikeway/Greenway and in no way interrupt the free flow of greenway users.

Where appropriate, trail amenities, such as bike racks, benches and interpretive and directional signs, shall be provided.

§ 207-126.1 RC Riverfront Commercial District.

[Added 7-24-2012 by Ord. No. 12-13]

Permitted principal uses. The Riverfront Commercial District is intended to accommodate a well-designed mix of hospitality, restaurant, interpretive, heritage, tourism, and recreation uses as well as complementary retail uses. All development in this district shall be compatible with and take advantage of its waterfront location and ensure the continuation of the riverfront greenway. More than one principal use is permitted on a given property. Permitted principal uses include the following and require site plan approval:

(1)

Greenway, open space, plazas, outdoor recreation facilities.

(2)

Interpretive displays and kiosks for the purposes of wayfinding or enhancing the heritage and recreational experience of the riverfront and greenway.

(3)

Outdoor recreation-oriented retail sales, service and rentals such as but not limited to bicycles, hiking, fishing, canoes/kayaks, ice-skating, and skiing.

(4)

Artisan studios for the on-site production of goods and the direct sale of those goods to consumers. The on-site production shall involve only the use of hand tools or domestic mechanical equipment that does not exceed two horsepower each or a single kiln not exceeding eight cubic feet in volume. Typical production includes: custom furniture, ceramics, glass blowing, candlemaking, custom jewelry, stained and leaded glass, woodworking, custom textile manufacturing and crafts production.

(5)

Art galleries.

(6)

Visitor center for the dissemination of information and retail sale of gifts, souvenirs and other sundry convenience items in support of a local or regional tourist, cultural or educational facility.

(7)

Restaurants and other establishments serving food and beverage but not including drive-through restaurants. Outdoor dining is permitted when conducted in concert with an indoor dining facility.

(8)

Museums and educational facilities related to local and regional heritage and/or river ecology and natural habitat restoration.

(9)

Hotels in accordance with the following standards:

(a)

The maximum number of guest rooms shall be 40.

(b)

Appurtenant restaurants, meeting rooms, and recreational facilities such as swimming pools shall be for the exclusive use of hotel guests. Large conference or banquet facilities are prohibited.

(c)

All guest rooms shall be accessed through a common lobby and interior hallways.

(10)

Governmental facilities.

Permitted accessory uses. Permitted accessory uses shall be any accessory use located on the same lot with and customarily incidental to any principal use permitted in this district.

Permitted conditional uses. Mixed use buildings containing apartments and retail uses are permitted as conditional uses in accordance with the following provisions:

[Amended 5-12-2015 by Ord. No. 2015-02]

(1)

More than one principal building is permitted on the given site as long as the buildings are under common ownership. At least one principal building shall be mixed use. Additional buildings on the site may be single-use multifamily buildings.

(2)

All apartments shall be accessed through a common lobby and interior hallways.

(3)

Retail uses are limited to the list of permitted uses found in § 207-126.1A; restricted to the ground floor; and shall face and have direct pedestrian access to a street.

(4)

The site design shall accommodate the extension of the County Greenway to the Nevius Street Bridge.

(5)

There shall be no blank or windowless walls facing Orlando Drive.

(6)

Vehicular access to the site is restricted to Orlando Drive and shall not exceed two access points. There shall be no direct vehicular access to the Middle Street stub other than for emergency vehicles.

(7)

Parking areas that are located under the building shall be screened from view with appropriate architectural treatments.

(8)

Bulk standards:

(a)

Minimum lot area: two acres.

(b)

Minimum lot width measured at front property line: 400 feet.

(c)

Minimum setbacks:

[1]

Front: 10 feet from building walls up to 80 feet in length; 15 feet for building walls greater than 80 feet in length.

[2]

Side and rear: 20 feet.

(d)

Maximum height: 3 1/2 stories/45 feet.

(e)

Maximum density: 22 units per acre.

(f)

Maximum impervious lot coverage: 60%.

Lot area, yard and bulk requirements.

(1)

Standards for Use Categories A(1), A(2) and A(10) shall be determined by the Land Use Board during the site plan review process.

(2)

Use Categories A(3), A(4), A(5), A(6), A(7) and A(8):

(a)

Minimum lot area: 40,000 square feet.

(b)

Minimum lot width at front property line: 200 feet.

(c)

Principal building:

[1]

Minimum front yard: 20 feet.

[2]

Minimum rear yard: 30 feet.

[3]

Minimum one side: 10 feet.

[4]

Minimum both sides: 20 feet.

[5]

Maximum height-stories/feet: 2/35.

(d)

Accessory building:

[1]

Minimum front yard: Prohibited in front yard.

[2]

Minimum rear yard: 20 feet.

[3]

Minimum side yard: 10 feet.

[4]

Maximum height: 16 feet.

(3)

Use Category A(9) - Hotels:

(a)

Minimum lot area: two acres.

(b)

Minimum lot width measured at front property line: 400 feet.

(c)

Minimum setback from all property lines: 20 feet.

(d)

Maximum height—stories/feet: 3/45.

(e)

Minimum height: two stories.

(4)

All uses:

(a)

Maximum impervious lot coverage: 60%.

Exemptions from area and yard requirements. Given the historic importance of the Duke Filter House on Block 117.01, Lot 2/9.01, and the Duke Power House on Block 116.02, Lot 2, and the Borough's desire to preserve their historic, architectural and cultural significance, the reuse of these buildings for a permitted use is exempt from the lot area and yard requirements in Subsection D, as long as the building is not enlarged in any way and the exterior is preserved in an historically accurate manner. The reuse of these buildings is, however, subject to site plan approval.

Green space and buffers.

(1)

Any portion of a development parcel that is not absolutely required for buildings, parking or loading shall be devoted to green space, including rain gardens and other natural stormwater management devices. The developer shall prepare a comprehensive green space plan for review by the appropriate board as part of the site plan review process. The green space plan shall demonstrate how each of the following objectives will be achieved:

(a)

Preservation or enhancement of existing natural features.

(b)

Protection of environmentally sensitive features including but not limited to the Raritan River.

(c)

Preservation of river views and other scenic vistas.

(d)

Providing opportunities for pedestrian and bicycle circulation and the continuation of the greenway.

(e)

Providing opportunities for public gathering places such as plazas.

(f)

Appropriate visual and noise buffers to protect sensitive receptors such as residential neighborhoods.

(2)

Fragmentation of the green areas into numerous small strips shall be avoided. Green spaces shall be reasonably contiguous and whenever possible abut existing or potential open space on adjacent parcels and maximize stormwater runoff infiltration.

Riparian buffer. A buffer area no less than 50 feet wide shall be provided along the Raritan River within which no new disturbances are permitted with the following exceptions:

(1)

Redevelopment within the limits of existing impervious surfaces;

(2)

Liner development with no feasible or more desirable alternative;

(3)

Disturbance necessary to provide for public access to the river or water-dependent recreation including structures associated with the greenway; or

(4)

Disturbance that is in accordance with a stream corridor restoration or stream bank stabilization plan or project.

Off-street parking. Off-street parking shall be provided in accordance with § 207-63 and the following:

(1)

Hotels shall provide parking at a rate of one space per guest room plus an adequate number of spaces for employees as determined by the reviewing board during the site plan process.

(2)

The total number of parking spaces on any given parcel shall not exceed 105% of the base requirement.

(3)

Shared access and parking arrangements between adjoining properties is encouraged. Whenever possible and practical, each parcel shall provide cross-access easements for parking and access driveways guaranteeing access to adjacent lots.

(4)

Surface lots are to be extensively landscaped in accordance with the comprehensive green space plan for the site. Tree islands are recommended at the ends of each aisle and interspersed within aisles to provide visual relief from long expanses of parking and to guide circulation. Whenever possible, surface parking should be screened from the street.

(5)

Safe provisions for pedestrian access to and through a parking lot are required, including paths or sidewalks along the edge of the parking area, striping, enhanced pavement markings, traffic-calming features and sufficient lighting.

Signs. All signs shall conform to Article XII. Commercial uses shall conform to the standards applicable to the B-4 Zone except that no free-standing signs are permitted other than directional, wayfinding, or interpretive signs. A mixed use or multifamily building may have one attached name display sign not exceeding 10 square feet in area; or one ground-based monument sign in accordance with the standards for a hotel monument sign. A hotel may have one ground-based monument sign containing the name and logo of the hotel that is designed to be consistent with the hotel's architecture. The hotel monument sign shall meet the standards for a freestanding sign in the B-4 Zone, except as follows:

[Amended 5-12-2015 by Ord. No. 2015-02]

(1)

The maximum monument sign area, including the structure, shall be 24 square feet; and the maximum monument sign height, including structure and sign area, shall be four feet above existing grade.

(2)

The monument sign shall be no closer than 10 feet to any property line.

(3)

No monument sign shall be eliminated in such a manner as to cast a glare on neighboring sites or in such a manner as to impede the safe movement of traffic. Internally illuminated monument signs shall be constructed with an opaque background and translucent letters and symbols, or with a colored background and lighter letters and symbols. Externally illuminated monument signs are permitted to be illuminated only with steady, stationary, down-directed and shielded light sources directed solely onto the sign. Lightbulbs or light tubes used for illuminating a sign shall not be visible from adjacent public rights-of-way or residential properties. Flash or strobe lighting, neon lighting, and programmable electronic signs are prohibited.

Awnings and canopies. Awnings and canopies shall conform to the requirements in § 207-114H.

Performance standards. All uses in this district shall comply with the performance standards in Article XIII.

Environmental impact statement required. An environmental impact statement shall be prepared and submitted to the Borough in accordance with § 207-69 for all development within the district.

§ 207-126.2 AH-1 Affordable Housing Overlay Zone.

[Added 3-1-2022 by Ord. No. 2022-03]

An Affordable Housing Overlay Zone (AH-1) is hereby created for Block 2, Lots 6.01, 7, 8, 9 and 10. The AH-1 Zone will permit the option for new inclusionary multifamily and attached townhouses and stacked townhouse residences at a base gross density of 16 units per acre requiring an affordable housing set-aside of 15% for rental affordable units and of 20% for for-sale affordable units.

Permitted uses. Permitted principal uses shall be:

(1)

Multifamily residences.

(2)

Townhouses and stacked townhouse residences.

Permitted accessory uses and structures. Permitted accessory uses and structures shall be as follows:

(1)

Private garages and off-street parking facilities.

(2)

Customary accessory uses and structures approved as part of the site plan for the development, including refuse enclosures, fences, walls, lampposts, trellises and other similar structures.

(3)

Private swimming pools, clubhouses, tennis courts and other recreational facilities for resident use.

(4)

Signs.

(5)

Detention basins and pump stations.

(6)

Storage and maintenance buildings.

(7)

Patio areas.

(8)

Electric vehicle charging infrastructure and electric vehicle charging stations.

Permitted conditional uses. Permitted conditional uses shall be as follows:

(1)

Home occupations.

(2)

Public utility facilities.

Density. The gross density shall not exceed 16 units per acre. The site shall be developed pursuant to the requirements of Articles XVII and XVIII.

Bulk requirements.

(1)

There shall be the following minimum distances between buildings:

Part of Building	Minimum Distance (feet)
Windowless wall to windowless wall	20
Window wall to windowless wall	25
Window wall to window wall:
Front to front	50
Rear to rear	50
End to end or end to rear	30
Any building face to collector street curb	40
Any front or rear building face to noncollector curb face or edge of pavement	20
Any side building face to any noncollector street curb	15
Any building face to common parking area, except garage	10
Garage face to common parking area	5

(2)

Coverage. The maximum coverage by buildings shall not exceed 30%. The maximum coverage by all impervious surfaces, including buildings and public and private roads, shall not exceed 60%.

(3)

Yard and buffer areas. No building, deck, patio or part thereof, driveway or parking area shall be located within 35 feet of any property boundary line.

(4)

Building height. No building shall contain more than three stories, nor shall any building exceed 40 feet in height.

Design standards for multifamily residences, townhouses and stacked townhouses.

(1)

No building or group of attached buildings shall contain more than 28 multifamily residence units or more than 12 individual townhouse units. Where stacked townhouse units are proposed, no building shall contain more than 18 individual units.

(2)

Townhouses shall have a minimum width of 20 feet per unit and shall have an offset of two feet between every two units.

(3)

No building containing multifamily units shall exceed a length of 200 feet.

(4)

(5)

Townhouses and multifamily residence units within each cluster should be consistent in terms of architectural style and major design elements such as materials, windows, rooflines, roof designs, etc.

(6)

Accessory buildings shall meet the property line setbacks of the principal buildings.

(7)

Accessory buildings may have a maximum height of 16 feet, except that recreational buildings and facilities shall be governed by the height limitations for principal buildings.

(8)

Garages may be built into the principal structure or separately constructed to the following standards:

(a)

Each garage space shall be at least 10 feet in width and 20 feet in depth.

(b)

Each group of attached garages shall have a joint capacity of not more than 12 automobiles arranged in a row, and there shall be a minimum distance of 10 feet end to end between structures.

(9)

Exterior television antennas shall be limited to one master antenna per building.

Affordable housing requirements.

(1)

All affordable housing units constructed shall comply with Chapter 207, Land Use and Development, Part 6, Zoning, Article XVII, titled "Affordable Housing Requirements."

(2)

Developments providing rental units shall provide a minimum set-aside of units affordable to low- and moderate-income households equal to 15% of the total number of units within the development.

(3)

Developments providing for-sale units shall provide a minimum set-aside of units affordable to low- and moderate-income households equal to 20% of the total number of units within the development.