Article XXII District Regulations

Institutional uses, churches and similar places of worship, parish houses, convents, cemeteries and, other such facilities of recognized religious groups as conditional uses in accordance with the procedures and requirements of § 300-101C.

Senior housing in the R-1E District only, subject to the procedures and requirements of § 300-101E.

Permitted accessory uses.

Private garages.

Normal residential storage structures.

Other normal residential structures such as private swimming pools, fireplaces, trellises, lampposts and the like.

Off-street parking areas in accordance with Article XX and applicable provisions of Part 3 of this chapter.

Signs, in accordance with the Boonton Sign Ordinances.[2]

Editor's Note: See Ch. 233, Signs.

The office of a member of a recognized profession who is in residence on the lot, provided that not more than 50% of the floor area of one story or the basement is devoted to such use; and further provided that not more than one person other than a resident of the premises shall be employed by such professional person.

No more than two roomers or boarders per dwelling.

Requirements for townhouses.

Area and density requirements.

Lot area. There shall be a minimum lot area of 120,000 square feet.

Density. There shall be no more than 10 townhouse dwelling units per acre nor more than 25 bedrooms per acre. For the purpose of this section, a bedroom shall be construed to be any habitable room other than a living room, dining room, kitchen or bath.

Building coverage. The total ground floor area of all buildings shall not exceed 20% of the lot area.

Setback requirements.

No building shall be located within 36 feet of a public street or property line.

No townhouse dwelling structure shall have more than three continuous attached townhouse dwelling units with the same setback, and variations shall be at least four feet.

Distance between buildings. There shall be a minimum distance between townhouse dwelling structures of 50 feet, except that where a side wall of one townhouse dwelling structure faces a side wall of another dwelling structure, there shall be a minimum distance of 25 feet; provided, however, that if an access drive is located between principal structures, the minimum distance shall be 50 feet.

Building requirements.

Height. No building shall exceed a height of 2 1/2 stories or 36 feet, whichever is the lesser.

Units per building. No townhouse dwelling structure shall contain more than eight townhouse dwelling units.

Building plans and elevations shall show a variation in design of units and structures to be achieved by types of roof, heights of eaves and peaks, building materials and architectural treatment of the building facade.

Each townhouse dwelling unit shall be separated from adjoining units by a fire wall constructed in accordance with the Town Building Code.[3]

Editor's Note: See Ch. 87, Building and Housing.

Townhouse dwelling unit requirements.

Each townhouse dwelling unit shall contain as a minimum a separate living room, a separate bedroom, a separate bath, a basement or cellar for storage and utilities, an enclosed garage and a separate kitchen, which kitchen facility shall be located separate and apart from other rooms in the unit with the exception of the dining room.

Minimum floor area. Each townhouse dwelling unit shall have a minimum floor area exclusive of attic, basement and cellar floors of 600 square feet plus 200 square feet for each habitable room, exclusive of living rooms, dining rooms or dinettes, kitchens and bathrooms.

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

Each townhouse dwelling unit shall have individual private outside front and rear entrances.

Each townhouse dwelling unit shall contain its own heating plant and system and shall constitute a separate, independent unit for metering and all other purposes with respect to all required utilities and similar conveniences. No central or common laundry or similar facilities intended for two or more dwelling units shall be permitted in a townhouse development.

Each townhouse dwelling unit shall have an individual private yard area or open patio or court adjoining the unit of at least 15 feet in depth. Steps, roof overhangs, bay windows and similar features shall not project into such area more than three feet. Each private yard area, patio or court shall be effectively screened from adjoining units by a fence, wall, or natural screening in order to provide a reasonable degree of privacy.

Accessory buildings.

Setbacks. Accessory buildings shall meet the street setback of the principal building and shall be at least 25 feet from a principal building and 15 feet from a property line or other accessory building. Clubhouses, swimming pools and recreation facilities shall be at least 50 feet from a principal building or property line.

Height. The maximum height of an accessory building shall be 16 feet.

Design. Architectural design and materials used in the construction of accessory buildings shall conform to those used in the construction of principal buildings.

Off-street parking. Off-street parking shall conform to the provisions of Part 3 and Article XX of this chapter. Garages may be included in calculating the number of parking spaces. All parking areas shall be designed in accordance with applicable provisions of Article III.

Landscaping and open space. Exclusive of internal roadways and parking areas, there shall be provided a minimum of 20% of the entire tract for common open space and facilities.

§ 300-103 R-2 Residence Districts A and B.

Editor's Note: In the R-1E District, one-family dwellings are a permitted primary principal use, according to the Zoning Schedule of Requirements included as an attachment to this chapter.

[Amended 9-16-2024 by Ord. No. 19-24]

Permitted principal uses.

One-family dwellings.

Municipal parks, playgrounds and buildings.

Townhouses as regulated in § 300-102C in the R-2 B District only.

Conditional uses.

Permitted accessory uses.

Private garages.

Normal residential storage structures.

Other normal residential structures such as private swimming pools, fireplaces, trellises, lampposts and the like.

Off-street parking areas in accordance with Article XX and applicable provisions of Part 3 of this chapter.

Signs, in accordance with the Boonton Sign Ordinance.[1]

Editor's Note: See Ch. 233, Signs.

§ 300-104 R-3 Residence Districts A and B.

No more than two roomers or boarders per dwelling.

Permitted principal uses.

[Amended 9-16-2024 by Ord. No. 19-24]

One-family dwellings.

Municipal parks, playgrounds and buildings.

Two-family dwellings, in the R-3 B district only.

In the R-3 B District only, multifamily dwellings as regulated in § 300-104D, provided that the provisions for residential clusters in Part 3 of this chapter are met, and townhouses as regulated in § 300-102D.

Conditional uses.

[Added 9-16-2024 by Ord. No. 19-24[1]

Two-family dwellings, in the R-3 A District only.

Minimum lot size 9,000 square feet.

Editor's Note: This ordinance also redesignated former Subsections B and C as Subsections D and E.

Permitted accessory uses.

[Added 9-16-2024 by Ord. No. 19-24]

Private garages.

Normal residential storage structures.

Other normal residential structures such as private swimming pools, fireplaces, trellises, lampposts and the like.

Off-street parking areas in accordance with Article XX and applicable provisions of Part 3 of this chapter.

Signs, in accordance with the Boonton Sign Ordinance.[2]

Editor's Note: See Ch. 233, Signs.

No more than two roomers or boarders per dwelling.

Requirements for multifamily dwellings.

Height, yard, area and density requirements.

Height. No building shall exceed a height of 2 1/2 stories or 35 feet, whichever is the lesser.

Yards.

Front yard. There shall be a front yard of not less than 25 feet.

Side yard. There shall be two side yards and no side yard shall be less than 15 feet. On a corner lot the side yard shall meet the front yard setback on the side street.

Rear yard. There shall be a rear yard of at least 35 feet.

Minimum lot area. There shall be a minimum lot area of 40,000 square feet which shall be measured within 250 feet of the front property line.

Density. There shall be a maximum density of 12 dwelling units per acre. In addition, there shall be a maximum density of 18 habitable rooms per acre, exclusive of living rooms, dining rooms or dinettes, kitchens and bathrooms.

Building requirements.

Length of building. No building or group of buildings structurally joined end to end shall exceed 150 feet in length; provided, however, that not more than three such buildings or groups of structurally joined buildings may be structurally joined at 90°.

Units per building. No building shall contain more than 12 dwelling units and no dwelling unit shall be located in an attic, basement or cellar.

Distance between buildings. There shall be a minimum distance of 30 feet between principal structures. If an access drive is located between principal structures, the minimum distance between the structures shall be 50 feet. In addition, the following requirements shall be met:

Buildings which are parallel to one another or approximately so but which overlap one another, shall be at least 30 feet apart at the closest point; provided, however, that for every foot or part thereof of overlap in excess of 30 feet, the building shall be an additional 60 inches apart.

Buildings which are parallel to one another or approximately so but which overlap by 10 feet or less may abut one another, except that there shall be no more than three buildings so joined in a group.

Construction. The outside walls of all building shall be of fire resistant material, such as brick, stone or masonry, as approved by the Planning Board. Interior walls separating dwelling units shall also be constructed with fire-resistant material.

Maximum building coverage. The total ground floor area of all principal and accessory buildings shall not exceed 30% of the lot area.

Dwelling unit requirements.

Minimum floor area. Each dwelling unit shall have a minimum floor area of 500 square feet plus 150 square feet for each habitable room exclusive of living room, dining room or dinette, kitchen and bathrooms.

Each dwelling unit shall have at least two exterior exposures with at least one window in each exposure.

Floors and ceilings and partitions between dwelling units shall be constructed so as to have a minimum airborne sound transmission loss classification of 50 decibels. The Planning Board shall ascertain that reasonable measures are taken in floor and ceiling construction to avoid disturbing levels of impact sound.

Basement storage space of 500 cubic feet shall be provided for each dwelling unit.

Garages and accessory buildings. Garages may be built into the apartment structure or separately constructed as hereinafter provided.

Size. Each garage space shall be at least 10 feet in width and 20 feet in depth. Each group of attached garages shall have a joint capacity of not more than 10 automobiles arranged in a row, and there shall be a minimum distance of 10 feet between structures.

Height. The maximum height of any garage or accessory structure shall be 15 feet.

Yards. Garages or other accessory structures may be built in the side and rear yards only. No such structure shall be closer than 10 feet to any property line nor 10 feet to any other buildings. No garage or accessory structure shall be located in the side yard adjoining a street.

Design. Architectural design and materials used in the construction of garages and other accessory structures shall conform to the design and materials used in the construction of the principal buildings.

Off-street parking. Off-street parking facilities shall be provided in accordance with Article XX. Garages may be counted as parking space. All parking areas shall be designed in accordance with applicable provisions of Part 3 of this chapter.

Landscaping and open space. At least 15% of the gross site area shall be devoted to common open space suitable for use by the residents for recreation.

Miscellaneous.

Television antennas shall be limited to one master antenna per building.

Air conditioning units shall not extend more than 18 inches from the exterior wall.

Basement laundry facilities may be provided in each building. Outside clothes drying is prohibited.

Swimming pools, restricted to the use of tenants, are permitted subject to all applicable local and state requirements.

Except for laundry machines, there shall be no coin-operated machines.

Low- and moderate-income housing and nonprofit housing for the elderly.

[Amended by Ord. No. 5-94]

Area and density requirements.

Lot area. There shall be a minimum lot area of 100,000 square feet.

Density. There shall be no more than 26 dwelling units per acre.

Building coverage. The total ground floor area of all buildings shall not exceed 25% of the lot area.

Setback requirements. No building shall be located within 35 feet of a public street or residential zone, property line nor within 15 feet of a nonresidential zone property line.

Distance between buildings. There shall be a minimum distance between principal buildings of 40 feet.

Building height. No building shall exceed a height of 2 1/2 stories or 36 feet, whichever is the lesser.

Community space. No less than 10 square feet of floor area for each dwelling unit shall be devoted to community room or common recreational use in a housing development for the elderly.

Garages and accessory buildings. Garages may be built into the principal buildings or separately constructed as hereinafter provided.

Height. The maximum height of any garage accessory structure shall be 15 feet.

Yards. Garages or other accessory structures may be built in the side and rear yards only. No such structure shall be closer than 25 feet to any property line nor 10 feet to any other buildings. No garage or accessory structure shall be located in the side yard adjoining a street.

Landscaping and open space. At least 15% of the gross site area shall be devoted to common open space suitable for use by the residents for recreation.

Miscellaneous.

Television antennas shall be limited to one master antenna per building.

Air conditioning units shall not extend more than 18 inches from the exterior wall.

Basement laundry facilities may be provided in each building. Outside clothes drying is prohibited.

§ 300-104.1 AH-I Affordable Housing-Industrial District.

Swimming pools, restricted to the use of tenants, are permitted subject to all applicable local and state requirements.

[Added 8-20-2018 by Ord. No. 19-2018; amended 11-5-2018 by Ord. No. 23-2018]

Purpose. The purpose of the AH-I Zone is to allow the district to continue to be developed with a mix of uses that are consistent with those permitted in the I-1 Industrial Zone, while also allowing the option of development under an alternative development scheme for the construction of inclusionary townhouse development as set forth at § 300-104.1E. This alternative development scheme creates an opportunity for the construction of low- and moderate-income housing in the Town of Boonton, which can thereby help address the fair share housing obligation of the Town of Boonton under the New Jersey Fair Housing Act.[1] Any residential development in the AH-I Zone shall be additionally regulated by the Town of Boonton Affordable Housing Ordinance.[2]

Editor's Note: See N.J.S.A. 52:27D-301 et seq.

TOWNHOUSE DWELLING STRUCTURE

Editor's Note: See Ch. 70, Affordable Housing.

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

STACKED TOWNHOUSE

A townhome in which one unit is "stacked" on top of the other, up to two units total. Each of the units in a stacked townhome must have its own exterior entrance.

A series of adjoining one-family dwelling units that are separated from the adjacent dwelling unit by an approved wall extending from the foundation through the roof and structurally independent of the corresponding wall of the adjoining unit. They have a totally exposed front and rear wall to be used for access, light, and ventilation.

TOWNHOUSE DWELLING UNIT

One of a series of single-family dwelling units attached by a common wall between it and the adjacent unit or units together with individual front and rear entrances and yards designed as an integral part of each unit and having been constructed in conformity with an approved subdivision and site development plan.

Permitted uses. In the AH-I Zone, no lot, plot, parcel or tract of land shall be built on, altered, or have a structure erected and used for any purpose other than that of:

Any use permitted in the I-1 Industrial District, as set forth at § 300-111; or

Townhouse residential units, to be designed pursuant to § 300-104.1E.

Requirements for uses permitted in the I-1 Industrial District. Any use permitted in the I-1 Industrial District shall be subject to all standards applicable to the I-1 Industrial District as set forth elsewhere in this chapter, including, but not limited to the Schedule of Requirements at Chapter 300, Attachment 1, and the performance standards and procedures for building permits and certificates of occupancy at § 300-111.

Requirements for townhouses. Any development of townhouse residential units under the alternative development scheme shall be subject to the following requirements:

Permitted accessory uses. The following accessory uses are permitted:

Off-street parking in accordance with Article XX and applicable provisions of Part 3 of this chapter.

Private garages.

Fences and walls.

Ancillary recreation elements, such as a swimming pool, tennis courts and other similar uses to only serve the residents of the complex.

Clubhouses to serve only the residents of the complex.

Signs, in accordance with the Boonton Sign Ordinance, Chapter 233.

Prohibited uses. Any use other than townhouse residential units and the accessory uses expressly set forth above at § 300-104.1E(1) above are prohibited under the alternative development scheme. Industrial uses otherwise permitted in the AH-I Zone are expressly prohibited on the same lot as townhouse residential development.

Affordable housing.

All townhouse developments constructed in the AH-I District shall be required to set aside a minimum percentage of units for affordable housing. Where units will be for sale, the minimum set aside shall be 20%. Where units will be for rent, the minimum set aside shall be 15%. When calculating the required number of affordable units, any computation resulting in a fraction of a unit shall be rounded upwards to the next whole number.

All affordable units to be produced pursuant to this section shall comply with the Town's Affordable Housing Ordinance at Chapter 70 of the Town Code, as may be amended and supplemented, the Uniform Housing Affordability Controls ("UHAC") (N.J.A.C. 5:80-26.1 et seq.), or any successor regulation, and the Town's Housing Element and Fair Share Plan, as may be amended from time to time. This includes, but is not limited to, the following requirements for all affordable units:

Low/moderate income split: A maximum of 50% of the affordable units shall be moderate-income units and a minimum of 50% of the affordable units shall be low-income units. At least 13% of all restricted rental units shall be very-low-income units, which shall be counted as part of the required number of low-income units within the development.

Bedroom mix. If the development is not age-restricted, the following bedroom mix shall apply:

[a]

The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;

[b]

At least 30% of all low- and moderate-income units shall be two-bedroom units;

[c]

At least 20% of all low- and moderate-income units shall be three-bedroom units; and

[d]

The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.

Deed restriction and affordability control period. All affordable units shall be deed restricted for a minimum period of at least 30 years. The affordability control period on all restricted ownership and/or rental units shall commence on the date the initial certified household takes title to the unit, and shall continue to run for at least 30 years. At the conclusion of the thirty-year term, the deed restrictions and affordability controls shall continue to remain in effect until such time as the municipality elects to release the unit from the deed restrictions and affordability controls by formal adoption of an ordinance within a reasonable time after conclusion of the initial minimum thirty-year term (the "deed restriction period"). The affordability controls and deed restrictions shall not automatically expire. At the conclusion of the initial thirty-year term, the municipality may unilaterally extend the deed restrictions and affordability controls for an additional thirty-year consecutive term by formal adoption of a resolution in accordance with N.J.A.C. 5:80-26.25 of the Uniform Housing Affordability Controls ("UHAC"). During the deed restriction period, sale, use, and rental of each affordable unit shall be subject to the Uniform Housing Affordability Controls ("UHAC"), set forth at Title 5, Chapter 80, Subchapter 26 (N.J.A.C. 5:80-26.1 et seq.), as may be amended from time to time hereafter. All sales and rentals of affordable units shall be on approved uniform affordable housing deeds and/or leases as set forth in the appendices of the UHAC.

[Amended 12-16-2019 by Ord. No. 21-2019]

Administrative agent: All affordable units shall be administered by a qualified administrative agent paid for by the developer.

Other affordable housing unit requirements: Developers shall also comply with all of the other requirements of the Town's Affordable Housing Ordinance, including, but not limited to, affirmative marketing requirements, candidate qualification and screening requirements, integrating the affordable units amongst the market rate units, and unit phasing requirements. Developers shall ensure that the affordable units are dispersed between all of the buildings on its site, and shall identify the exact location of each affordable unit at the time of site plan application.

Height, yard, area, and density requirements.

Height. No building shall exceed a height of three stories or 42 feet, whichever is the lesser.

Yards.

Front yard. There shall be a front yard of not less than 25 feet.

Side yard. No side yard shall be less than 15 feet. On a lot that fronts two intersecting roadways, whether private or public streets, the side yard fronting on said roadway shall meet the front yard requirement.

Rear yard. There shall be a rear yard of at least 15 feet.

Minimum lot area. There shall be a minimum lot area of 290,000 square feet.

Density. There shall be a maximum density of 16 dwelling units per acre.

Building requirements.

Location of building. Dwelling units, buildings and their front facades shall be oriented towards the public and/or private roadway. Primary dwelling unit entrances shall be located on the front facade of any structure that is oriented towards the public and/or private roadway. Where the dwelling unit or building does not front a public and/or private roadway, they shall be oriented towards interior open spaces. All units and buildings shall be oriented away from parking lots.

Units per building. No building shall contain more than six dwelling units in a townhome configuration and 12 dwelling units in a stacked townhome configuration and no dwelling unit shall be located in an attic, basement, or cellar.

Distance between buildings. There shall be a minimum distance of 50 feet between principal structures. If an access drive is located between principal structures, the minimum distance between the structures shall be 50 feet. In addition, the following requirements shall be met:

Buildings which are parallel to one another or approximately so but which overlap one another, shall be at least 50 feet apart at the closest point; provided, however, that for every foot or part thereof of overlap in excess of 40 feet, the buildings shall be an additional 60 inches apart.

Construction. The outside walls of a building shall be of fire-resistant material, such as brick, stone or masonry, as approved by the Planning Board. Interior walls separating dwelling units shall also be constructed with fire-resistant material.

Maximum building coverage. The total ground floor area of all principal and accessory buildings shall not exceed 30% of the lot.

Design. In order to provide attractiveness, identity and individuality to dwelling units, buildings and complexes of buildings within the entire development and to avoid the monotonous repetition of design elements and its undesirable visual effects, the following design standards shall be utilized:

Varying dwelling unit widths, staggering dwelling unit setbacks and altering building heights and rooflines;

Varying architectural embellishments to roofs between dwelling units, buildings or complexes of buildings including roof elements such as dormers, belvederes, masonry chimneys and similar elements, provided that such are architecturally compatible with the style, materials, colors and details of the building;

Varying the front entrance definition and articulation between dwelling units, buildings or complexes of buildings, provided that such are architecturally compatible with the style, materials, colors and details of the building.

Dwelling unit requirements.

Dwelling unit size. Each dwelling unit shall meet the following criteria:

One-bedroom: minimum 800 square feet.

Two-bedroom: minimum 1,100 square feet.

Three-bedroom: minimum 1,250 square feet.

As it relates to any units with dens:

[a]

Dens must adjoin a living space.

[b]

Dens must be built without closets and at all times post-construction have no closets.

[c]

Dens must be accessed through a wider-than-usual opening.

[d]

The addition of a door, wall and a closet is at all times prohibited.

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

Each dwelling unit shall have at least two exterior exposures with at least one window in each exposure.

Each dwelling unit shall be provided with a completely enclosed, covered storage space. Such storage area shall be exclusive of normal interior closets and may either be contained within the dwelling unit or building, attached thereto or located separately.

Buildings with residential uses shall provide laundry facilities and central air conditioning for each dwelling unit. No central or common laundry or similar facilities intended for two or more dwelling units shall be permitted in a townhouse development. Window air conditioning units are not permitted. Outside clothes drying is prohibited.

Garages shall be built into the apartment structure. Each garage space shall be at least 10 feet in width and 20 feet in depth. Each townhouse dwelling structure shall have a joint capacity of not more than 10 automobiles.

Accessory structures.

All accessory structures shall be designed in accordance with applicable provisions of Part 4, § 300-77 of this chapter.

Height. The maximum height of any accessory structure shall be 15 feet; provided however, that the maximum height of a clubhouse shall be 25 feet and two stories.

Yards. Accessory structures may be built in the side and rear yards only. No such structure shall be closer than 15 feet to any property line nor 15 feet to any other buildings. No accessory structure shall be located in the side yard adjoining a street.

Design. Architectural design and materials used in the construction of accessory structures shall conform to the design and materials used in the construction of the principal buildings.

Community space. Any proposed townhome development may incorporate interior community space, such as a wellness/fitness center, business center, concierge services, recreation room, and library services. All these services should be for the use of building residents only.

Outdoor recreational facilities. Any proposed townhome development may incorporate exterior community space, such as swimming pools, playgrounds, walking paths, and patio or picnic areas. All these services should be for the use of building residents only.

Off-street parking.

Off-street parking facilities shall be provided in accordance with Article XX and townhouse standards in the Residential Site Improvement Standards (RSIS). All parking areas shall be designed in accordance with applicable provisions of Part 3 of this chapter.

All required parking must be provided on-site.

Garages may be counted as parking space.

Parking shall be located to the rear of the building and/or the interior of the site where its visual impact to adjacent properties and the public-right-of-way will be minimized. Parking is prohibited in the front yard.

Adequate fire and emergency access must be provided subject to the Town of Boonton Fire Department.

On-site parking shall not be provided for any use or to any party other than a resident or visitor of the site, nor shall parking areas be used for any purpose other than parking.

Signage shall be provided where parking spaces are to be reserved for residents. Visitor parking shall be signed and painted for each space designated for such a purpose.

Adequate parking facilities for accessibility to people with mobility impairments shall be provided as required by the Americans with Disabilities Act (ADA).

Landscaping and open space.

At least 20% of the gross site area shall be devoted to common open space suitable for use by the residents for recreation.

There shall be a comprehensive landscape plan prepared by a certified landscape architect which shall detail the location, type, size and any planting note for the proposed landscape materials. This plan shall be subject to the approval of the Planning Board.

A landscaped buffer with a minimum of at least 15 feet in width and eight feet in height at planting shall be provided for any residential development in the AH-I Zone which abuts a nonresidential use or zone. Said buffer shall be subject to approval by the Planning Board pursuant to site plan review.

No use or structure, including parking or loading areas, shall be permitted within the required buffer area, but the Planning Board may, upon a finding of reasons thereof, permit a portion of a buffer area to be used for utility easements, or streets to ensure access to or from adjacent property, and the Board may also permit a portion of a buffer area to be used for detention or retention basin, provided that the basin is designed as a landscaping feature, and further provided that the landscaping plan for the buffer area is determined by the Planning Board to meet the objective of the buffer area.

Active and passive recreational areas and other public and/or semipublic open space, such as courtyards, plazas, alleys and pedestrian walkways, shall be designed to promote use and enjoyment by residents of the development. Such areas shall be designed to utilize natural features of the site, including existing vegetation, where possible, and shall be extensively landscaped with a wide variety of plant materials.

Lighting.

Adequate lighting shall be provided for all common areas and pedestrian walkways.

All outdoor lighting, including street lamps and accent lighting, should comply with dark sky standards intended to reduce light pollution. Dark sky standards require that lighting is downcast, illuminates only the intended areas, and does not cause disabling glare that affects driver safety and reduces the visibility of starry night skies.

Lighting for the development must be contained on the property on which the development is located.

LED lighting shall be permitted in addition to all of the conditions of the land use ordinance standards for lighting.

(11)

Miscellaneous.

Television connections shall be provided for each unit. Television antennas shall be limited to one master antenna per building.

Through-wall air-conditioning units that project beyond the building wall are not permitted.

There shall be no incinerators on the premises or in the buildings. All trash and garbage shall be stored at all times in airtight covered containers which shall be kept in a centrally located, concealed area. They may be stored in private garages or outside of buildings. If the materials are stored outside, they must be kept in a permanent enclosure with a latching gate in a centrally located, concealed area approved by the Planning Board.

Buildings containing dwelling units located above the second story and requiring a second means of egress pursuant to the Uniform Construction Code shall not utilize an attached external fire escape as one of the required means of egress.

Amenities restricted to the use of the residents and their guests are permitted subject to all applicable local and state requirements.

Swimming pools, restricted to the use of tenants, are permitted subject to all applicable local and state requirements.

Internal walkways shall be provided to provide a pedestrian connection to any site development amenities, such as a clubhouse, recreational facilities, pools, etc.

Internal walkways shall be a minimum of four feet wide and shall be designed to comply with the requirements of the Americans with Disabilities Act (ADA).

Fences shall be permitted at a maximum height of six feet and shall be situated and designed in accordance with § 300-93.

Bicycle parking requirements.

A designated area within the development shall be provided for bicycle parking. The area can be permitted inside the buildings or outside in a protected area. Parking shall be provided in such a way that allows for a bicycle to be properly secured, via a bicycle rack or locker.

A minimum of two bike parking spaces per six units shall be required.

§ 300-104.2 R-4 Residence District.

[Added 10-21-2019 by Ord. No. 15-2019]

Purpose. The purpose of the R-4 Zone is to create an opportunity for the construction of low- and moderate-income housing in the Town of Boonton and thereby address the fair share housing obligation of the Town of Boonton under the New Jersey Fair Housing Act.[1] This R-4 Zone shall be additionally regulated by the Town of Boonton Affordable Housing Ordinance.[2]

Editor's Note: See N.J.S.A. 52:27D-301 et seq.

Editor's Note: See Ch. 70.

Permitted principal uses.

Townhouses.

Permitted accessory uses.

Off-street parking in accordance with Article XX and applicable provisions of Part 3 of this chapter.

Private garages.

Fences and walls.

Ancillary recreation elements, such as a swimming pool, tennis courts and other similar uses to only serve the residents of the complex.

Clubhouses to serve only the residents of the complex.

Signs, in accordance with the Boonton Sign Ordinance, Chapter 233.

Affordable housing.

All townhouse developments constructed in the R-4 Residence District shall be required to set aside a minimum percentage of units for affordable housing. Where units will be for sale, the minimum set-aside shall be 20%. Where units will be for rent, the minimum set-aside shall be 15%. When calculating the required number of affordable units, any computation resulting in a fraction of a unit shall be rounded upwards to the next whole number.

Low-/moderate-income split. A maximum of 50% of the affordable units within each bedroom distribution shall be moderate-income units and a minimum of 50% of the affordable units within each bedroom distribution shall be low-income units. At least 13% of all restricted rental units shall be very-low-income units, which shall be counted as part of the required number of low-income units within the development.

Bedroom mix. If the development is not age-restricted, the following bedroom mix shall apply:

The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;

At least 30% of all low- and moderate-income units shall be two-bedroom units;

At least 20% of all low- and moderate-income units shall be three-bedroom units; and

The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.

Deed restriction and affordability control period. All affordable units shall be deed-restricted for a minimum period of at least 30 years. The affordability control period on all restricted ownership and/or rental units shall commence on the date the initial certified household takes title to the unit, and shall continue to run for at least 30 years. At the conclusion of the thirty-year term, the deed restrictions and affordability controls shall continue to remain in effect until such time as the municipality elects to release the unit from the deed restrictions and affordability controls by formal adoption of an ordinance within a reasonable time after conclusion of the initial minimum thirty-year term (the "deed restriction period"). The affordability controls and deed restrictions shall not automatically expire. At the conclusions of the initial thirty-year term, the municipality may unilaterally extend the deed restrictions and affordability controls for an additional thirty-year consecutive term by formal adoption of a resolution in accordance with N.J.A.C. 5:80-26.25 of the Uniform Housing Affordability Controls ("UHAC"). During the deed restriction period, sale, use, and rental of each affordable unit shall be subject to the Uniform Housing Affordability Controls ("UHAC"), set forth at Title 5, Chapter 80, Subchapter 26 (N.J.A.C. 5:80-26.1 et seq.) as may be amended from time to time hereafter. All sales and rentals of affordable units shall be on approved uniform affordable housing deeds and/or leases as set forth in the appendices of the UHAC.

Administrative agent. All affordable units shall be administered by a qualified administrative agent paid for by the developer.

Other affordable housing unit requirements. Developers shall also comply with all of the other requirements of the Town's Affordable Housing Ordinance,[3] including, but not limited to, 1) affirmative marketing requirements, 2) candidate qualification and screening requirements, 3) integrating the affordable units amongst the market rate units, and 4) unit phasing requirements. Developers shall ensure that the affordable units are dispersed between all of the buildings on its site, and shall identify the exact location of each affordable unit at the time of site plan application.

Editor's Note: See Ch. 70.

Requirements for townhouses.

Area and density requirements.

Lot area. There shall be a minimum lot area of 120,000 square feet.

Density. There shall be no more than 20 total units.

Building coverage. The total ground floor area of all buildings shall not exceed 30% of the lot area.

Setback requirements.

No building shall be located within 36 feet of a public street or property line.

No townhouse dwelling structure shall have more than three continuous attached townhouse dwelling units with the same setback, and variations shall be at least four feet.

Building requirements.

Height. No building shall exceed a height of 2 1/2 stories or 36 feet, whichever is the lesser.

Units per building. No townhouse dwelling structure shall contain more than six townhouse dwelling units.

Each townhouse dwelling unit shall be separated from adjoining units by a firewall constructed in accordance with the Town Building Code.

Townhouse dwelling unit requirements.

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

Each townhouse dwelling unit shall have individual private outside front and rear entrances.

Accessory buildings.

Height. The maximum height of an accessory building shall be 15 feet.

Design. Architectural design and materials used in the construction of accessory buildings shall conform to those used in the construction of principal buildings.

Off-street parking.

All required parking must be provided on-site.

Garages may be counted as parking space.

Parking is prohibited in the front yard.

Adequate fire and emergency access must be provided subject to the Town of Boonton Fire Department.

On-site parking shall not be provided for any use or to any party other than a resident or visitor of the site, nor shall parking areas be used for any purpose other than parking.

Signage shall be provided where parking spaces are to be reserved for residents. Visitor parking shall be signed and painted for each space designated for such a purpose.

Adequate parking facilities for accessibility to people with mobility impairments shall be provided as required by the Americans with Disabilities Act (ADA).[4]

Editor's Note: See 42 U.S.C. § 12101 et seq.

Open space, landscaping, and buffers.

At least 20% of the gross site area shall be devoted to common open space for passive or active recreation, or conservation.

A landscape buffer shall be provided where a townhouse development abuts a nonresidential use or zone. The buffer shall be a minimum of 15 feet in width and eight feet in height at planting. The buffer shall provide a year-round visual screen and minimize adverse impacts from the site on adjacent properties.

No use or structure, including parking or loading areas, shall be permitted within the required buffer area, but the Planning Board may, upon a finding of reasons thereof, permit a portion of a buffer area to be used for utility easements, or streets to ensure access to or from adjacent property, and the Board may also permit a portion of a buffer area to be used for a detention or retention basin, provided that the basin is designed as a landscaping feature, and further provided that the landscaping plan for the buffer area is determined by the Planning Board to meet the objective of the buffer area.

Lighting.

Adequate lighting shall be provided for all common areas and pedestrian walkways.

All outdoor lighting, including street lamps and accent lighting, should comply with dark-sky standards intended to reduce light pollution. Dark-sky standards require that lighting is downcast, illuminates only the intended areas, and does not cause disabling glare that affects driver safety and reduces the visibility of starry night skies.

Lighting for the development must be contained on the property on which the development is located.

LED lighting shall be permitted in addition to all of the conditions of the Land Use Ordinance standards for lighting.

Miscellaneous.

Television antennas or dishes shall be limited to one master antenna. Multiple antennas or dishes may be installed on the rooftop, provided they are not visible from the street level.

Through-wall air-conditioning units that project beyond the building wall are not permitted.

All trash and recyclables shall be stored in covered containers. They may be stored within private garages or outside of buildings. If the materials are stored outside, they must be kept in a permanent enclosure with a latching gate in a centrally located, concealed area approved by the Planning Board.

Amenities restricted to the use of the residents and their guests are permitted subject to all applicable local and state requirements.

Internal walkways shall be provided to provide a pedestrian connection to any site development amenities, such as a clubhouse, recreational facilities, pools, etc.

Internal walkways shall be a minimum of four feet wide and shall be designed to comply with the requirements of the Americans with Disabilities Act (ADA).[5]

[5]

Editor's Note: See 42 U.S.C. § 12101 et seq.

Fences shall be permitted at a maximum height of six feet and shall be situated and designed in accordance with § 300-93.

§ 300-105 B-1 Business District.

[Amended 9-16-2024 by Ord. No. 19-24]

Permitted principal uses.

Retail sales.

Retail services.

Banks and financial institutions.

Professional offices, on all floors except within 25 feet of the primary street facing facade of the ground floor.

Restaurants.

Commercial recreation facilities.

Breweries.

Craft distillery.

Hotels.

Funeral homes.

Vocational schools, or studios for the instruction of the arts, dancing, music, languages, photography.

Public buildings and uses, including public parking facilities.

(13)

Nonprofit clubs, lodges and fraternal, civic, service or charitable organizations.

(14)

Pet grooming.

(15)

Institutional uses, subject to the requirements of § 300-101C.

(16)

Residential dwellings, on all floors except within 25 feet of the primary street facing facade of the ground floor. However, lobbies or entries to residential dwelling units shall be permitted within 25 feet of the primary street facing facade of the ground floor.

(17)

Any combination of permitted principal uses.

Permitted accessory uses.

Off-street parking, including parking garages, in accordance with Part 3 and Article XX of this chapter.

Signs in accordance with the Boonton Sign Ordinance.[1]

Editor's Note: See Ch. 233, Signs.

Other accessory uses customarily incident to the above uses.

Supplementary bulk regulations.

Newly constructed facades or altered facades at the ground floor, fronting a primary street, must have a fenestration transparency of 50%.

Newly constructed buildings shall have a minimum rear yard setback of 10 feet. This rear yard setback may be reduced by up to 10 feet, provided the front yard setback is increased by one foot for every decrease of the rear yard setback by one foot.

Front yard parking shall not be permitted.

§ 300-106 B-2 Business District.

[Amended 9-16-2024 by Ord. No. 19-24]

Permitted principal uses.

Retail sales.

Retail services.

Banks and financial institutions.

Professional offices.

Restaurants.

Breweries.

Craft distillery.

Commercial recreation facilities.

Hotels.

Funeral homes.

(11)

Vocational schools, or studios for the instruction of the arts, dancing, music, languages, photography.

Public buildings and uses.

(13)

Nonprofit clubs, lodges and fraternal, civic, service or charitable organizations.

(14)

Pet grooming.

(15)

Public garages.

(16)

Any combination of permitted principal uses.

Conditional uses.

Motor vehicle service stations, as regulated in Article XXI.

Institutional uses, subject to the requirements of § 300-101C.

Permitted accessory uses.

Off-street parking in accordance with Part 3 and Article XX of this chapter.

Signs in accordance with the Boonton Sign Ordinance.[1]

Editor's Note: See Ch. 233, Signs.

Other accessory uses customarily incident to the above uses.

§ 300-107 B-3 Business District.

Permitted principal uses. Designed shopping centers consisting of a building or group of buildings limited to the following uses:

[Amended 9-16-2024 by Ord. No. 19-24]

Retail sales.

Retail services.

Banks and financial institutions.

Professional offices.

Restaurants.

Commercial recreation facilities.

Pet grooming.

Hotels.

Any combination of permitted principal uses.

Permitted accessory uses.

Off-street parking in accordance with Part 3 and Article XX of this chapter.

Signs in accordance with the Boonton Sign Ordinance.[1]

Editor's Note: See Ch. 233, Signs.

Other accessory uses customarily incident to the above uses.

Required conditions. Shopping centers shall meet all applicable requirements of this chapter and, in addition, shall comply with the following:

Parking spaces shall be separated from buildings by a concrete sidewalk located at least six inches above the paved surface. The sidewalk shall be at least 10 feet in width along the front of a building and six feet in width along the side and rear building walls.

A concealed area for the orderly deposit and pickup of trash shall be provided at the rear of each building.

A marginal access or service roadway to serve parking areas shall be provided as required by the Planning Board.

§ 300-108 B-4 Business District.

Permitted principal uses.

[Amended by Ord. No. 31-94; 9-16-2024 by Ord. No. 19-24]

Professional offices.

Banks and financial institutions.

Medical offices.

Retail sales.

Retail services.

Vocational schools, or studios for the instruction of the arts, dancing, music, languages, photography.

Institutional uses, subject to the requirements of § 300-101C.

Pet grooming.

One-family dwellings, existing as of 2023, subject to the bulk regulations of the R-2 Residential District.

Any combination of permitted nonresidential principal uses.

Permitted accessory uses.

Off-street parking in accordance with Part 3 and Article XX of this chapter.

Signs in accordance with the Boonton Sign Ordinance.[1]

Editor's Note: See Ch. 233, Signs.

Other accessory uses customarily incident to the above uses.

§ 300-109 B-5 Business District.

[Added by Ord. No. 15-99; amended by Ord. No. 16-99]

B-5 Regional Shopping Center District. The new zone created by way of this section shall be known as the "B-5 Regional Shopping Center District."

Permitted uses within the B-5 Regional Shopping Center District.

[Amended 6-20-2011 by Ord. No. 11-2011]

The B-5 Regional Shopping Center District is designed for a single building or group of buildings to be utilized as a single economic unit exclusively for retail sales and services or professional offices, subject to the following enumeration of specifically permitted and prohibited uses:

Retail stores and shops for retail businesses. Snacks such as hot dogs, popcorn, coffee and soda may be sold as part of the retail operation.

Banks and financial institutions.[1]

Editor's Note: Former Subsection B(1)(c), Central telephone exchanges, which immediately followed this subsection, was repealed 9-16-2024 by Ord. No. 19-24. Former Subsection B(1)(d) through (g) was redesignated as Subsection B(1)(c) through (f).

Restaurants and taverns, including drive-in restaurant.

Theaters.

Automotive service centers.

Supermarkets.

Within the B-5 Regional Shopping Center District, all retail operations shall be conducted within the confines of the buildings with the exception that in connection with a home improvement store or similar facility, there may be conducted outside the confines of the building an outdoor garden center and/or other exterior display and/or storage areas, but said areas shall not encompass more than 25% of the area of the building to which the outdoor garden center exterior display shall be attached, and area shall be appropriately screened as required by the Town Planning Board upon site plan review.

Prohibited uses. The following uses are prohibited:

[Amended 6-20-2011 by Ord. No. 11-2011]

Any use other than those listed in Subsection B is prohibited.

Any type of residential construction or conversion.

Any type of industrial operation or use.

Any club warehouse.

Required conditions. The following requirements must be complied with in the B-5 Regional Shopping Center District:

The maximum height of any building shall not exceed 40 feet inclusive of roof tanks and supports, chimneys or head houses or similar enclosures for elevators or air-conditioning machinery or other similar apparatus. All equipment placed on the roof shall be properly screened.

Setbacks:

From the street: 50 feet.

From residential zones: 50 feet.

From property lines: 50 feet.

Minimum lot area. The minimum lot area shall be 20 acres.

Parking setbacks:

From building front: 15 feet.

From building side and rear: 10 feet.

From street: 25 feet.

From residential zone: 50 feet.

From property line: 15 feet.

Off-street loading. Loading and unloading shall be limited to the side and rear of the building and not in a yard adjoining a street or residential zone unless screened from view.

Lot coverage. The following maximum coverage limitations are established:

Building coverage: 25%.

Impervious surfaces: 80%.

Site plan review. Any development in the B-5 Regional Shopping Center District shall be subject to site plan review by the Town Planning Board and in that connection the Planning Board shall specifically consider the following items:

Site lighting including the establishment of limitations on light intensity, spread of illumination and height of fixtures.

Signage.

Parking lot landscaping. The following minimum requirements for landscaped areas within parking lots shall be required:

Within each parking area there shall be a landscaped curbed island at least 10 feet in width at each end of every parking bay. These islands shall be landscaped with grass lawns, shade and specimen trees as required by the Planning Board.

All those portions of all front, rear and side yards that are not used for off-street parking or other impervious surfaces shall be attractively planted and maintained with trees, shrubs, plants, and grass lawns as required by the Planning Board.

Adequate storm drainage facilities shall be provided as directed by the Planning Board so that no downstream property is adversely affected as the result of storm drainage flowing from the tract.

Any development within the zone shall be subject to the requirements for site plan approval set forth in §§ 300-44 and 300-47 of this chapter.

Although an applicant for site plan approval within the B-5 Zone is not required to obtain an environmental impact statement, all development within the B-5 Zone shall not proceed until a remedial action work plan has been approved by NJDEP to address all hazardous substances in soils on the tract which is the subject of the development application.

Any applicant for the site plan review within the B-5 Zone shall be required to make reasonable traffic studies to identify traffic and circulation problems and to correct or contribute to their correction in accordance with law.

§ 300-110 C-1 (Hybrid Commercial/Industrial) and C-2 (Gateway Commercial) Commercial Districts.

Any applicant for site plan review within the B-5 Zone shall obtain Morris County Soil Conversation District approval in accordance with law.

[Amended 9-16-2024 by Ord. No. 19-24]

Permitted principal uses.

Retail sales.

Retail services.

Banks and financial institutions.

Professional offices.

Medical offices.

Restaurants.

Breweries.

Craft distillery.

Commercial recreation facilities.

Hotels.

(11)

Funeral homes.

Vocational schools, or studios for the instruction of the arts, dancing, music, languages, photography.

(13)

Public buildings and uses.

(14)

Nonprofit clubs, lodges and fraternal, civic, service or charitable organizations.

Kennels

Pet grooming.

Public garages.

The following uses shall only be permitted in the C-1 Zone:

Operations involving the bulk storage of materials, such as lumber yards, fuel storage yards, wholesale stores, plumbing supplies and building construction supplies including the sale of such materials, except that such use shall not be located within any required front yard area.

Restaurant, drive-through.

Processes of manufacturing, fabrication, packaging, treatment, or conversion of products.

Self-storage facilities.

Scientific or research laboratories devoted to research, design and/or experimentation and processing and fabricating.

(19)

Any combination of permitted principal uses, as permitted within each Zone District.

Permitted accessory uses.

Off-street parking in accordance with Part 3 and Article XX of this chapter.

Signs in accordance with the Boonton Sign Ordinance.[1]

Editor's Note: See Ch. 233, Signs.

Other accessory uses customarily incident to the above uses.

Conditional Uses.

Motor vehicle service stations, as regulated in Article XXI.

Institutional uses, subject to the requirements of § 300-101C.

Performance standards. All uses shall comply with performance standards in § 300-111C and the procedures in § 300-111D.

§ 300-111 I-1 Industrial District.

[Amended by Ord. No. 29-94; 9-16-2024 by Ord. No. 19-24]

Permitted principal uses. These zone districts are intended for the following uses conducted entirely within the confines of the buildings.

Processes of manufacturing, fabrication, packaging, treatment or conversion of products.

Scientific or research laboratories devoted to research, design and/or experimentation and processing and fabricating incidental thereto.

Professional offices.

Warehouses, trucking, terminals and wholesale distribution centers.

Public buildings and uses.

Storage and maintenance of construction vehicles and equipment.

Off-street parking in accordance with all applicable provisions of Part 3 of this chapter intended to serve an adjoining nonresidential use in an adjoining nonresidential zone, including an adjoining nonresidential zone in another municipality, provided that any access to such off-street parking shall be located at least 150 feet from an intersection. In addition, any street providing access to such parking that serves a nonresidential use in an adjoining municipality shall extend into the adjoining municipality.

Kennels.

Any combination of permitted principal uses.

Permitted accessory uses.

Off-street parking in accordance with Part 3 and Article XX of this chapter.

Signs in accordance with the Boonton Sign Ordinance.[1]

Editor's Note: See Ch. 233, Signs.

Private garage and storage buildings which are necessary to store any vehicles, equipment or materials on the premises.

Accessory buildings and uses customarily incident to the above uses.

Child-care centers in conjunction with office, research and manufacturing facilities when operated by those facilities as a service to employees as conditional uses in accordance with the procedures and requirement of § 300-101D.

Performance standards. Before the issuance of any building certificate of occupancy, all of the following regulations must be complied with:

Fire and explosion hazards. All activities shall be carried on only in structures which conform to the standards of the National Fire Protection Association or Factory Insurance Association or Boonton Building Code or Fire Prevention Code, whichever is more restrictive. All operations shall be carried on and combustible raw materials, fuels, liquid and finished products shall be stored in accordance with the standards of said National Fire Protection Association or Factory Insurance Association.

Smoke, fumes, gases, dust, odors. There shall be no emission of smoke, fumes, gases, dust, odors or other atmospheric pollutant which shall exceed the limitations imposed by the Town Smoke Ordinances,[2] other applicable ordinance of the Town or the Board of Health, or applicable state pollution control laws, whichever is more restrictive.

Editor's Note: See Ch. 238, Smoke Control.

Liquid or solid waste. The discharge of any industrial waste shall at all times conform to pertinent state or municipal health and sanitary codes or any other applicable ordinance of the Town of Boonton.

Vibration. There shall be no vibration which is discernible to the human sense of feeling beyond the immediate site on which such use is conducted.

Noise. There shall be no operational noise emanating from any commercial or industrial establishment which, when measured at the property line adjacent to a residential or another commercial or industrial establishment, exceeds the requirements of Chapter 29, Noise Control Regulations, N.J.A.C. 7:29, of the New Jersey State Department of Environmental Protection.

Glare. There shall be no direct or sky reflected glare exceeding 0.5 footcandle measured at the property line of the lot occupied by such use. This regulation shall not apply to lights used at the entrances or exits of service drives leading to a parking lot.

Procedure for building permits and certificates of occupancy.

Prior to the issuance of a building permit or certificate of occupancy, the applicant shall submit plans of the proposed use to the Planning Board in accordance with Part 3 of this chapter. The applicant shall also submit in duplicate all plans of the proposed construction and development, including a description of the proposed machinery, operation and products, as well as an affidavit by the applicant acknowledging his understanding of the applicable performance standards and agreement to conform with the same at all times.

If there is any reasonable doubt as to the intended use conforming to the performance standards, the Planning Board shall request a deposit of $1,000 to be submitted with the application which will be used to defray the cost of the special reports required to process it. The Planning Board shall refer the application for investigation and report to one or more expert consultants selected by the Board as qualified to advise on conformance to the required performance standards. Such consultant or consultants shall make their report within 45 days after his or their receipt of such application. A copy of such report shall be promptly furnished to the applicant. At the next regular meeting of the Board or within 30 days of receipt of consultant's report, whichever comes sooner, the Board shall render a decision in the form of a written report regarding the application. Any permit authorized and issued shall be conditioned on, among other things, the applicant's completed buildings and installations, in operation, conforming to the applicable performance standards and the applicant's paying fees in excess of $1,000, if needed, to cover expert's above-mentioned reports. All moneys not used to pay for the services of the expert consultant or consultants deemed reasonable and necessary by the Board for advice shall be returned to the applicant at the time the Board renders the written decision.

§ 300-111.1 RH Residential High-Density Zone.

The designated Town official shall investigate any alleged violation of the performance standards, and if there are reasonable grounds to believe that a violation exists, shall notify the Board of Aldermen. The Board of Aldermen shall investigate the alleged violation and for such investigation may employ qualified experts. If the experts find that such a violation exists, the cost of the expert's service shall be paid by the violator. If there was no violation, the Town shall pay the costs.

[Added 11-17-2007 by Ord. No. 17-2007; amended 9-19-2016 by Ord. No. 13-2016]

Permitted principal uses.

Multifamily dwellings.

Municipal park, playgrounds and buildings.

Permitted accessory uses.

Parking garages for use by residents.

Other customary, incidental and subordinate residential structures such as a swimming pool, fitness center, clubhouse, library, media room, fireplaces, trellises, lampposts, outdoor recreation facilities, etc.

Prohibited uses.

Any use other than those listed under Subsection A.

Any industrial use.

Any supermarket or club warehouse selling food produce.

Requirements for multifamily dwellings in RH Zone.

Height, yard, area and density requirements.

Height. No building shall exceed a height of six stories or 85 feet, whichever is the lesser.

Minimum yard setbacks. All buildings shall be set back a minimum of five feet from all property lines.

Minimum lot area. There shall be a minimum lot area of 3.5 acres or 152,460 square feet.

Density. There shall be a maximum density of 45 dwelling units per acre.

Maximum building coverage. The total ground floor area of all principal and accessory buildings shall not exceed 60%.

Building requirements.

Facade length. No single facade of a building shall exceed 150 feet without a jog or offset of at least four feet.

Distance between buildings. There shall be a minimum distance between principal buildings of 30 feet.

Construction. The outside walls of all buildings shall meet the requirements of the applicable building codes and shall be of durable materials such as brick, stone or masonry or other materials approved by the Planning Board.

Dwelling unit requirements.

Bedroom distribution of affordable units, as per N.J.A.C. 5:93-7.3:

The combination of efficiency and one-bedroom units is at least 10% and no greater than 20% of the total low- and moderate-income units; and

At least 30% of all low- and moderate-income units are two-bedroom units; and

At least 20% of all low- and moderate-income units are three-bedroom units; and

Development shall conform to N.J.A.C. 5:93-7.3(a) and (b).

Bedroom distribution of market units: no dwelling unit shall have more than two bedrooms.

Rentals for affordable units, as per N.J.A.C. 5:93-7.4(a) through (j):

Efficiency units shall be affordable to one-person households;

One-bedroom units shall be affordable to 1.5-person households;

Two-bedroom units shall be affordable to three-person households; and

Three-bedroom units shall be affordable to 4.5-person households.

Floors and ceilings and partitions between dwelling units shall be constructed so as to have a minimum airborne sound transmission loss classification of 50 decibels.

Storage space of 500 cubic feet shall be provided for each dwelling unit.

Minimum floor areas:

Efficiency: 600 square feet.

One-bedroom: 800 square feet.

Two-bedroom: 1,100 square feet.

Three-bedroom: 1,300 square feet.

Garages and accessory buildings. Garages may be provided in structures below the building or within separate structures.

The maximum height of any separate garage structure shall be two stories or 25 feet.

Accessory structures, excluding retaining walls, shall only be built in the side and rear yards, except for retaining walls. No accessory structure shall be closer than 10 feet to any property line and 20 feet to any other building. No accessory structure shall be located in the side yard adjacent to a street.

Architectural design and materials used in construction of garages and other accessory structures shall be compatible with the design and materials used in the construction of the principal buildings.

Off-street parking. Off-street parking facilities shall be provided in accordance with the New Jersey Residential Site Improvement Standards (RSIS) as modified and identified below. All parking areas shall be designed in accordance with applicable provisions of Part 4 of this chapter unless otherwise provided for in these sections.

The minimum number of parking spaces for an efficiency unit in a high-rise, multifamily building is 0.8 spaces per unit.

The minimum number of parking spaces for one-bedroom units in a high-rise, multifamily building is 1.3 spaces per unit.

The minimum number of parking spaces for two-bedroom units in a high-rise, multifamily building is 1.8 spaces per unit.

The minimum number of parking spaces for three-bedroom units in a high-rise, multifamily building is 2.0.

Each parking space shall be at least nine feet in width and 18 feet in depth.

All parking areas and driveways shall be located in a minimum of five feet from property lines and buildings.

Landscaping and open space.

At least 15% of the gross site area shall be devoted to common open space suitable for use by the residents for either passive or active recreation.

Miscellaneous.

Television antennas or dishes shall be limited to one master antenna per building and placed on the roof.

Through-wall air-conditioning units that project beyond the building wall are not permitted.

Laundry facilities may be provided in each building. Outside clothes drying is prohibited.

All trash and recyclables shall be stored in covered containers. They may be stored within the building or garage area. If the materials are stored outside, they must be kept in a permanent enclosure with a latching gate in a convenient location approved by the Planning Board.

Amenities restricted to the use of the residents and their guests are permitted subject to all applicable local and state requirements.

Proposed developments shall attempt to preserve substantial historic features and buildings. In addition, building facades shall be treated in a manner compatible with the sites' historical features.

Proposed developments shall attempt to enhance and provide public access and connectivity to adjacent green acres property and Main Street via pedestrian paths and nodes.

Site plan review. Any development in the RH Residential High-Density District shall be subject to site plan review by the Planning Board as required by Article IX of this chapter. In addition, the Planning Board shall specifically consider the following items:

The Planning Board shall evaluate site lighting, including the establishment of limitations on light intensity, spread of illumination and height of fixtures, pursuant to the requirements in § 300-60.

Parking lot landscaping. The following minimum requirements for landscaped areas within at-grade parking lots shall be required:

Within each parking area, there shall be landscaped curbed islands at least five feet in width at each end of every parking bay. These islands shall be landscaped with grass, lawns, shade and specimen trees as required by the Planning Board.

All those portions of all front, rear and side yards that are not used for off-street parking or other impervious surfaces, such as sidewalks and driveways, shall be attractively planted and maintained with trees, shrubs, plants and grass lawns as approved by the Planning Board.

Adequate storm drainage facilities shall be provided in conformance with all federal, state, county and local regulations with specific concern so that no downstream property or open waters are adversely affected as the result of storm drainage flowing from the tract.

Any development within the zone shall be subject to the requirements for site plan approval set forth in § 300-44 and § 300-47 of the Code of the Town of Boonton.

Although an applicant for site plan approval within the RH Zone is not required to obtain an environmental impact statement, all development within the RH Zone shall not proceed until a remedial action work plan has been approved by NJDEP to address all hazardous substances in soils and on the tract which is the subject of the development application.

Any applicant for site plan approval within the RH Zone shall be required to make reasonable traffic studies to identify traffic and circulation problems and to correct or contribute to the fair share cost of his or her correction in accordance with law.

Any applicant for site plan review within the RH Zone shall obtain Morris County Soil Conservation District approval in accordance with law.

Affordable obligations.

At least 20% of the residential units constructed shall be rental units, reserved for occupancy by low- and moderate-income households. The minimum number of affordable units shall be 18 rental units.

Applicant shall submit a marketing program in conformance with Substantive Rule 5:93-11.3 as part of site plan submissions.

The Zoning or Land Use Map of the Town of Boonton is hereby amended to provide that lots 1.01 and 1.02 in Block 34 are included in the RH, Residential High-Density Zone.

Homeowners' association documents. When units are condominium or cooperatively owned, a homeowners' association document shall be submitted to the Town of Boonton Planning Board for review and approval before submission to the N.J.D.C.A.

§ 300-111.2 ARU Adaptive Re-Use Zone.

[Added 7-17-2017 by Ord. No. 13-2017]

Goals of ARU Adaptive Re-Use District are as follows. It is the intent of this zone to:

Provide regulations tailored to encourage and promote the rehabilitation/conservation of older nonused and underutilized industrial and institutional buildings.

Provide for a mix of uses within said adaptive reuse developments which promote the economic revitalization of the Town of Boonton.

Promote the retention of older buildings and lands which enhance the image and preserve the heritage of the Town of Boonton.

Provide reasonable standards for the blending of new construction with existing buildings, so as to allow quality development of older structures within contemporary development and building standards.

Encourage bicycle and pedestrian accessibility to the Boonton Train Station and the Main Street Commercial District, which are within one-quarter-mile distance from the zone.

Permitted principal uses.

Apartments or condominiums.

Live-work art studios.

Collaborative work spaces.

Technology and light manufacturing incubators.

Public buildings and use.

Vocational schools, or studios for the instruction of the arts, dancing, music, languages, photography.

Processes of manufacturing, fabrication, treatment, warehousing, or conversion of products.

Permitted accessory uses.

Parking garages or structure for use by residents.

Off-street parking areas.

Private garage and storage buildings which are necessary to store any vehicles, equipment or material on the premises.

Requirements for developments in ARU Zone.

Height, yard, area and density requirements.

Height. No building shall exceed a height of five stories or 75 feet, whichever is the lesser.

Minimum yard setbacks. All buildings shall be set back a minimum of five feet from all property lines.

Minimum lot area. There shall be a minimum lot area of 1.9 acres or 82,764 square feet.

Density. There shall be a maximum density of 35 dwelling units per acre nor more than 127 bedrooms.

Building requirements.

Principal structures within the ARU Zone shall be maintained.

Distance between buildings. There shall be a minimum distance between principal buildings of 30 feet.

Setbacks. The following setbacks are established:

Front-yard: 15 feet.

Side-yard: 10 feet.

Rear-yard: zero feet.

Dwelling unit requirements.

Bedrooms. No dwelling unit shall have more than two bedrooms.

Minimum floor area. All dwelling units shall be a minimum of 750 square feet.

Floors and ceilings and partitions between dwelling units shall be constructed so as to have a minimum airborne sound transmission loss classification of 50 decibels.

Livable space. As it relates to any one-bedroom units with dens and/or two-bedroom units with dens:

The dens must adjoin a living space;

They must be built without closets and at all times after construction have no closets;

They must be accessed through a wider-than-usual opening;

The addition of a door, wall and a closet must be prohibited.

Parking structure and accessory buildings. Garages may be provided in structures below the building or within separate structures.

The maximum height of any garage structure shall be three stories or 25 feet, inclusive of ground floor parking.

Accessory structures shall only be built in the side and rear yards, except for retaining walls. No accessory structure other than an accessory parking structure shall be closer than 10 feet to any property line and 20 feet to any other building.

Architectural design and materials used in the construction of parking structures and other accessory structures shall be compatible with the design and materials used in the construction of the principal building. In addition, the facade of the parking structure facing a public street or an adjacent residential use or zone boundary shall have an architectural finish in keeping with the principal structure within the zone.

Internal lighting within the parking deck shall not glare onto adjacent properties or the right-of-way.

The proposed deck shall comply with all requirements of the Americans with Disabilities Act.

Off-street parking. For residential developments, off-street parking facilities shall be provided in accordance with Article XX and the New Jersey Residential Site Improvement Standards (RSIS) as identified below. All parking areas shall be designed in accordance with applicable provisions of Part 4 of this chapter. In accordance with those standards that state that alternate parking standards shall be accepted if the applicant demonstrates that these standards better reflect local conditions and factors such as household characteristics, mass transit options, urban versus suburban location, and off-street parking resources, the Planning Board may grant deviations and exceptions.

Parking ratio. The following parking ratios shall be applied:

Residential: 1.5 spaces per dwelling unit.

All other principal permitted uses: two spaces per 1,000 square feet.

Each parking space shall be at least nine feet in width and 18 feet in depth. Compact car parking spaces are permitted with dimensions of at least eight feet in width and 16 feet in depth. However, compact car spaces may not comprise more than 10% of the overall parking supply, and shall be signed indicating the spaces are for compact car parking only.

All parking areas and driveways shall be located a minimum of five feet from property lines and buildings.

Signage shall be provided where parking spaces are to be reserved for residents and/or for areas used for visitor parking.

Striped on-street parking may be provided adjacent to the site; however, such parking may not be used to meeting parking requirements of a site plan application.

Lighting, landscaping, and open space.

Adequate lighting shall be provided for all parking areas and pedestrian walkways. All outdoor lighting, including street lamps and accent lighting, should comply with "dark sky" standards intended to reduce light pollution. Dark sky standards require that lighting is downcast, illuminates only the intended areas, and does not cause disabling glare that affects driver safety and reduces the visibility of starry night skies. Lighting for a building must be contained on the property on which the building is located. LED lighting shall be permitted in addition to all of the conditions of the land use ordinance standards for lighting. This shall be the responsibility of the property owner.

At least 20% of the gross site area shall be devoted to open space for passive or active recreation, or conservation.

Miscellaneous.

Television antennas or master dishes shall be limited to one master antenna. Multiple antennas or dishes may be installed on the rooftop, provided they are not visible from the street level.

Through-wall air-conditioning units that project beyond the building wall are not permitted.

Laundry facilities may be provided in each building. Outside clothes drying is prohibited.

Amenities restricted to the use of the residents and their guests are permitted subject to all applicable local and state requirements.

Proposed developments shall attempt to preserve substantial historic features and buildings. In addition, building facades shall be treated in a manner compatible with the sites' historical features.

Internal walkways shall be a minimum of five feet wide and shall be designed to comply with the requirements of the Americans with Disabilities Act (ADA).

Bicycle parking shall be provided to make cycling a more convenient transportation option. A minimum of one bike rack space per eight units shall be required.

(j)

Flat section of the building roof may be utilized by building occupants for recreational purposes.

Site plan review. Any development in the ARU Adaptive Re-Use District shall be subject to site plan review by the Planning Board as required by Article IX of this chapter. In addition, the Planning Board shall specifically consider the following items:

Parking lot landscaping. The following minimum requirements for landscaped areas within at-grade parking lots shall be required:

Within each parking area, there shall be landscaped curbed islands at least five feet in width at each end of every parking bay. These islands shall be landscaped with grass lawns, shade and specimen trees as required by the Planning Board.

Any development within the zone shall be subject to the requirements for site plan approval set forth in § 300-44 and § 300-47 of the Code of the Town of Boonton.

Any applicant for site plan approval within the ARU Zone shall be required to make reasonable traffic studies to identify traffic and circulation problems and to correct or contribute to the fair share cost of his or her correction in accordance with law.

Any applicant for site plan review within the ARU Zone shall obtain Morris County Soil Conservation District approval in accordance with law.

§ 300-111.3 MAO Myrtle Avenue Multifamily Residential Overlay District.

Any site plan shall consider the section of any parcel fronting Lincoln Street as the front yard.

Performance standards. Any manufacturing or industrial use shall conform to the regulations listed in § 300-111C(1) through (6).

Affordable housing. Any residential project in any of the ARU Zone shall set aside 15% of the total number of rental units for the provision of affordable housing units. Developments that include units for sale shall provide a set-aside of affordable units of 20%. Affordable housing units shall be developed in accordance with the second round COAH rules and regulations.

Homeowners' association documents. Any condo or homeowners' association documents shall be submitted to the Town of Boonton Planning Board for review and approval before submission to the N.J.D.C.A.

[Added 8-20-2018 by Ord. No. 20-2018]

Purpose. The purpose of the MAO Myrtle Avenue Multifamily Residential Overlay District is to create a realistic opportunity for the construction of low- and moderate-income housing in a suitable portion of the Town of Boonton, and thereby help to address the fair share housing obligation of the Town of Boonton under the New Jersey Fair Housing Act (FHA),[1] applicable Council on Affordable Housing (COAH) regulations, the settlement agreement entered into between the Town and Fair Share Housing Center (FSHC) on March 22, 2018, and the Town's Housing Element and Fair Share Plan. The MAO Overlay District encourages the development of low- and moderate-income housing by allowing for inclusionary multifamily residential; however, developers shall also have the option of developing in accordance with the underlying C-1 Zone standards.

Editor's Note: See N.J.S.A. 52:27D-301 et seq.

Permitted principal uses. The uses set forth below shall be permitted as a development alternative to the underlying zoned uses allowed by this chapter, but shall not replace the underlying zoning district. The principal permitted uses in the MAO Overlay Zoning District are as follows:

Multifamily dwellings.

Permitted accessory uses. Permitted accessory uses shall include accessory uses permitted in the underlying zone, and any other accessory use that is customary and incidental to the permitted uses in the MAO Overlay Zoning District, including but not limited to:

Off-street parking in accordance with Article XX and applicable provisions of Part 3 of this chapter.

Private garages, subject to the dimensional requirements herein.

Fences and walls, subject to the dimensional requirements herein.

Ancillary recreation elements, such as a swimming pool, tennis courts and other similar uses to only serve the residents of the complex.

Community room to serve only the residents of the complex.

Signs, in accordance with the Boonton Sign Ordinance, Chapter 233.

Affordable housing.

All multifamily developments constructed in the MAO Overlay Zoning District shall be required to set aside a minimum percentage of units for affordable housing. Where units will be for sale, the minimum set-aside shall be 20%. Where units will be for rent, the minimum set-aside shall be 15%. When calculating the required number of affordable units, any computation resulting in a fraction of a unit shall be rounded upwards to the next whole number.

All affordable units to be produced pursuant to this section shall comply with the Town's Affordable Housing Ordinance at Chapter 70 of the Town Code, as may be amended and supplemented, the Uniform Housing Affordability Controls (UHAC) (N.J.A.C. 5:80-26.1 et seq.), or any successor regulation, and the Town's Housing Element and Fair Share Plan, as may be amended from time to time. This includes, but is not limited to, the following requirements for all affordable units:

Low-/moderate-income split. A maximum of 50% of the affordable units shall be moderate-income units and a minimum of 50% of the affordable units shall be low-income units. At least 13% of all restricted rental units shall be very-low-income units, which shall be counted as part of the required number of low-income units within the development.

Bedroom mix. If the development is not age-restricted, the following bedroom mix shall apply:

The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;

At least 30% of all low- and moderate-income units shall be two-bedroom units;

At least 20% of all low- and moderate-income units shall be three-bedroom units; and

The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.

Deed restriction and affordability control period. All affordable units shall be deed-restricted for a minimum period of at least 30 years. The affordability control period on all restricted ownership and/or rental units shall commence on the date the initial certified household takes title to the unit, and shall continue to run for at least 30 years. At the conclusion of the thirty-year term, the deed restrictions and affordability controls shall continue to remain in effect until such time as the municipality elects to release the unit from the deed restrictions and affordability controls by formal adoption of an ordinance within a reasonable time after conclusion of the initial minimum thirty-year term (the "deed restriction period"). The affordability controls and deed restrictions shall not automatically expire. At the conclusion of the initial thirty-year term, the municipality may unilaterally extend the deed restrictions and affordability controls for an additional thirty-year consecutive term by formal adoption of a resolution in accordance with N.J.A.C. 5:80-26.5 of the Uniform Housing Affordability Controls ("UHAC"). During the deed restriction period, sale, use, and rental of each affordable unit shall be subject to the Uniform Housing Affordability Controls ("UHAC"), set forth at Title 5, Chapter 80, Subchapter 26 (N.J.A.C. 5:80-26.1 et seq.) as may be amended from time to time hereafter. All sales and rentals of affordable units shall be on approved uniform affordable housing deeds and/or leases as set forth in the appendices of the UHAC.

[Amended 12-16-2019 by Ord. No. 19-2019]

Administrative agent. All affordable units shall be administered by a qualified administrative agent paid for by the developer.

Other affordable housing unit requirements. Developers shall also comply with all of the other requirements of the Town's Affordable Housing Ordinance, including, but not limited to, (1) affirmative marketing requirements, (2) candidate qualification and screening requirements, (3) integrating the affordable units amongst the market-rate units, and (4) unit phasing requirements. Developers shall ensure that the affordable units are dispersed between all of the buildings on its site, and shall identify the exact location of each affordable unit at the time of site plan application.

Requirements for multifamily dwellings.

Area, bulk and density requirements.

Height. No building shall exceed a height of 2 1/2 stories or 36 feet, whichever is the lesser.

Yards.

Front yard. There shall be a front yard of not less than 25 feet.

Side yard. There shall be two side yards and no side yard shall be less than 15 feet. On a corner lot, the side yard shall meet the front yard setback on the side street.

Rear yard. There shall be a rear yard of at least 35 feet.

Lot area. There shall be a minimum lot area of 40,000 square feet, which shall be measured within 265 feet of the front property line.

Density. There shall be a maximum density of 16 dwelling units per acre.

[Amended 10-21-2019 by Ord. No. 10-2019]

Lot coverage.

The total ground floor area of all principal and accessory buildings shall not exceed 30% of the lot area.

The total impervious coverage of all surfaces shall not exceed 75% of the lot area.

Building requirements.

Units per building. No building shall contain more than 12 dwelling units and no dwelling unit shall be located in an attic, basement or cellar.

Buildings which are parallel to one another or approximately so but which overlap one another shall be at least 30 feet apart at the closest point; provided, however, that for every foot or part thereof of overlap in excess of 30 feet, the building shall be an additional 60 inches apart.

Construction. The outside walls of all buildings shall be of fire-resistant material, such as brick, stone or masonry, as approved by the Planning Board. Interior walls separating dwelling units shall also be constructed with fire-resistant material.

Dwelling unit requirements.

Each dwelling unit shall have at least two exterior exposures with at least one window in each exposure.

Basement storage space of 500 cubic feet shall be provided for each dwelling unit.

Garages and accessory buildings. Garages may be built into the multifamily dwelling structure or separately constructed as hereinafter provided.

Height. The maximum height of any garage or accessory structure shall be 15 feet.

Off-street parking.

Off-street parking facilities shall be provided in accordance with Article XX and the Residential Site Improvement Standards (RSIS). All parking areas shall be designed in accordance with applicable provisions of Part 3 of this chapter.

All required parking must be provided on-site.

Garages may be counted as parking space.

Adequate fire and emergency access must be provided subject to the Town of Boonton Fire Department.

On-site parking shall not be provided for any use or to any party other than a resident or visitor of the site, nor shall parking areas be used for any purpose other than parking.

Signage shall be provided where parking spaces are to be reserved for residents. Visitor parking shall be signed and painted for each space designated for such a purpose.

Adequate parking facilities for accessibility to people with mobility impairments shall be provided as required by the Americans with Disabilities Act (ADA).

Open space, landscaping, and buffers.

At least 15% of the gross site area shall be devoted to open space for passive or active recreation, or conservation.

A landscape buffer shall be provided where a multifamily development abuts a nonresidential use. The buffer shall be a minimum of 10 feet in width. The buffer shall provide a year-round visual screen and minimize adverse impacts from the site on adjacent properties.

Lighting.

Adequate lighting shall be provided for all parking areas and pedestrian walkways.

All outdoor lighting, including street lamps and accent lighting, should comply with "dark sky" standards intended to reduce light pollution. Dark sky standards require that lighting is downcast, illuminates only the intended areas, and does not cause disabling glare that affects driver safety and reduces the visibility of starry night skies.

Lighting for a building must be contained on the property on which the building is located.

LED lighting shall be permitted in addition to all of the conditions of the land use ordinance standards for lighting.

Miscellaneous.

Television antennas or dishes shall be limited to one master antenna. Multiple antennas or dishes may be installed on the rooftop provided they are not visible from the street level.

Through-wall air-conditioning units that project beyond the building wall are not permitted.

Laundry facilities may be provided in each building. Outside clothes drying is prohibited.

All trash and recyclables shall be stored in covered containers. They may be stored within or outside the building. If the materials are stored outside, they must be kept in a permanent enclosure with a latching gate in a centrally located, concealed area approved by the Planning Board.

Amenities restricted to the use of the residents and their guests are permitted subject to all applicable local and state requirements.

Internal walkways shall be provided to provide a pedestrian connection to any site development amenities, such as a clubhouse, recreational facilities, pools, etc.

Internal walkways shall be a minimum of four feet wide and shall be designed to comply with the requirements of the Americans with Disabilities Act (ADA).

Fences shall be permitted at a maximum height of eight feet and shall be situated and designed in accordance with § 300-93.

Bicycle parking requirements.