A.
Zone districts. For the purpose of this chapter, the Borough is hereby
subdivided into zone districts as follows:
[Amended 5-17-2001 by Ord. No. 7-2001; 12-18-2003 by Ord. No. 26-2003; 8-18-2005 by Ord. No. 11-2005, 5-1-2014 by Ord. No. 7-2014; 9-6-2018 by Ord. No.
15-2018; 9-20-2018 by Ord. No. 16-2018; 5-5-2022 by Ord. No. 5-2022; 8-18-2022 by Ord. No. 9-2022]
(1)
Basic districts.
R-1 Residence District
|
R-2 Residence District
|
R-3 Residence District
|
R-4 Residence District
|
R-5 Residence District
|
R-6 Residence District
|
R-7 Residence District
|
R-8 Residence District
|
AF-1 Affordable Residential District
|
AF-2 Affordable Residential District
|
B-1 Business District
|
B-2 Business District
|
B-3 Business District
|
B-4 Business District
|
C-1 Highway Commercial District
|
OB Office Building District
|
L-1 Research Laboratory District
|
L-2 Research Laboratory District
|
I Limited Industrial District
|
TRPUD Tabor Road Planned Unit Development District
|
(2)
Hotel and Specified Use Overlay Zone. In addition to the above
zone districts, there is also established a Hotel and Specified Use
Overlay Zone, which is superimposed over and includes portions of
the B-3 and L-2 Districts.
(3)
L-2
Mixed-Use Commercial Use Overlay Zone. In addition to the above zone
districts, there is also established a L-2 Mixed-Use Commercial Use
Overlay Zone, which is located on certain properties in the L-2 Research
Laboratory District in the Borough.
B.
Zoning Map. The Zoning Map[1] of the Borough of Morris Plains, as heretofore amended,
delineating the above zone districts is hereby declared to be a part
hereof.
[Amended 5-5-2022 by Ord. No. 5-2022]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
C.
Schedule of permitted uses. The schedule entitled "Schedule C, Permitted
Uses, Borough of Morris Plains, New Jersey," which accompanies this
article, is hereby declared to be part hereof.[2]
[2]
Editor's Note: The schedule is included as an attachment to this chapter.
D.
Schedule of zoning requirements. The schedule entitled "Schedule
D, Zoning Requirements, Borough of Morris Plains, New Jersey," which
accompanies this article, is hereby declared to be part hereof.[3]
[3]
Editor's Note: The schedule is included as an attachment to this chapter.
E.
Enforcement.
(1)
The provisions of this article shall be enforced by the Zoning
Officer of the Borough of Morris Plains. The Zoning Officer shall:
(1.1)
Advise the Construction Code Official as to whether the proposed
use or the proposed erection, construction, reconstruction, alteration,
conversion or installation of a structure or building conforms to
all the requirements of this article prior to the issuance of a building
permit; provided, however, that if the proposed use, structure or
building does not conform to the requirements of this article, it
shall be the further duty of the Zoning Officer to specify what sections
of this article have not been satisfied and what variances would be
required before the issuance of a building permit.
(1.2)
Inspect the properties in the Borough for violations of this
article. If a violation is found to exist, or upon being advised of
the existence of a violation, he shall serve notice upon the owner,
agent and/or any appropriate person or corporation to cease and desist
from such violation or, where other means fail, upon notice to the
Borough Council, prosecute a complaint in the municipal court to terminate
said violation.
(1.3)
Issue nonconforming use and structure certifications pursuant
to the provisions of N.J.S.A. 40:55D-68.
(2)
The Zoning Officer shall revoke any authorization of use if
he finds that actual conditions or construction does not adhere either
to the plans or specifications submitted to him or to any other applicable
municipal or state regulations.
(3)
The zoning permit shall specify the use of land or building
and any circumstances or conditions imposed by any public agency,
code, or regulations. Any change in use, including a change from one
permitted use to another kind of permitted use in the same zone, or
any additional use, will be treated as a new use, and a new zoning
permit shall be required. Prior to the issuance of a zoning permit
for said change in use all provisions of this chapter shall be complied
with the same as if the new use were a new structure or a new use
of land.
(4)
A record of all zoning permits shall be kept on file in the
office of the Zoning Officer and copies shall be furnished upon request
to any person having a proprietary or leasehold interest in the building
or land affected.
A.
General provisions.
(1)
Effects of zoning. No land or premises shall be used and no
building shall be emplaced, erected, razed, moved, extended, enlarged,
altered or used in a manner or state, or for any purpose other than
as permitted herein, for the zone in which it is located, and all
construction and alterations shall be in conformity with the regulations
provided for the zone in which it is located.
(2)
Building permits and building plans.
(2.1)
No building or part thereof shall be emplaced, erected, razed,
moved, extended, enlarged, altered or demolished until a permit has
been granted by the Construction Code Official. Application thereof
shall be filed in duplicate by the owner or his agent and it shall
state the intended use of the building and of the land. The application
shall be accompanied by detailed plans and specifications and a plot
plan showing open spaces, required setbacks, the established building
lines within the block and such other, information as may be necessary
or desirable to provide for the enforcement of this Article 5. Plans
shall be drawn to scale and show actual dimensions in figures. All
building plans, specifications and plot plans shall be signed by an
architect or professional engineer licensed by the State of New Jersey.
The owner may sign the building plans as to single-family dwellings
or as to buildings accessory to said dwellings in the event said owner
has prepared the building plans, provided said owner files an affidavit
to that effect in accordance with law. Notwithstanding any other provisions
of this section, only a land surveyor licensed by the State of New
Jersey may prepare and certify said required plat plan.
(2.2)
No building permit shall be issued for the emplacement, erection,
construction, reconstruction, alteration, razing or moving of any
building or part thereof, unless the plans and intended use indicate
that such building is designed to conform in all respects to the provisions
of this article.
(3)
Certificates of occupancy; fee.
(3.1)
No land shall be occupied or used and no buildings hereafter
placed, erected or altered shall be occupied or used in whole or in
part for any purpose whatsoever until a certificate of occupancy shall
have been issued by the Construction Code Official stating that the
use and building therein specified, or either of them as the case
may be, complies with all the provisions of this article. Such certificates
of occupancy shall be granted or denied within 10 days after the date
written application therefor has been received by the Construction
Code Official; provided, however, that no certificate of occupancy
shall be issued prior to the grant of any required site plan approval
by the Planning Board. In addition, a new certificate of occupancy
shall be required for any change in occupancy or change in tenancy
of any nonresidential building or part thereof, even though there
be no change in use, as provided in Section 13-4.2A(2).
(3.2)
A record of all certificates of occupancy shall be kept on file
in the office of the Construction Code Official and copies shall be
furnished upon request to any person having a proprietary or leasehold
interest in the building or land affected.
(4)
Nature and extent of uses of land. The control and regulations
of the uses of buildings as herein provided shall equally apply to
the nature and extent of the use of land.
(5)
Requirements to be met on lot and within zone district. Unless
otherwise provided herein, all yards, open spaces, vehicular access
and off-street parking must be contained on the lot and within the
zone district in which the use is located.
(6)
Subdivision of lot. When a new lot or lots are formed from part
of a parcel of land, the separation must be effected in such a manner
as not to impair any of the provisions of Article 4. Subdivision shall
be effected in accordance with Article 4.
(7)
Existing platted lots. Any lot or plot as recorded at the time
of passage of this chapter that fails to comply with the minimum requirements
of this article may be used for any use not otherwise prohibited in
such district in which it lies, provided that all of the following
requirements are complied with:
(7.1)
Said lot is in single ownership, as defined in this article.
(7.2)
All yard requirements are complied with; provided, however,
that if the width of an existing platted lot measured at the minimum
required setback line is less than required by the zone, the required
minimum side yard shall be the same percentage that the lot width
bears to the zone district requirement; provided, however, that no
side yard shall be less than eight feet.
(8)
Yard requirements. Every lot must provide front, rear and side
yards as required by its zone district. All front yards must face
upon a dedicated public street or a private street approved by the
Planning Board. On streets less than 50 feet in width, the required
front yard shall be increased by 1/2 the difference between the width
of the street and 50 feet. If a width greater than 50 feet is shown
on an adopted Master Plan or Official Map, the required front yard
shall be increased by 1/2 the difference between the width of the
street and said greater width.
(9)
Corner lot. Where a lot is a corner lot or is bounded by more
than one street, the front yard setback requirement shall be met as
to each abutting street. In the B-1, B-2, B-4, and B-5 Zones; the
front yard setback along the side street shall not be less than the
greater of the minimum front yard requirement in the business zone
or 1/2 the established setback along the side street in the residential
zone. The required width of a corner lot measured at the front yard
setback line shall be increased over the width specified in the schedule
shown on the Zoning Map by the difference in feet between the required
front yard setback and the required side yard setback.
[Amended 5-5-2022 by Ord. No. 5-2022]
(10)
Accessory buildings. No accessory building may be built or placed
upon any lot on which there is no principal building. In the R-1,
R-2, R-3 and R-4 single-family residential zones:
[Amended 6-12-2003 by Ord. No. 8-2003]
(10.1)
No accessory building shall exceed 13 feet in
height, 36 feet in width, and 24 feet in depth. However, accessory
buildings over 12 feet in width may be increased in height at a rate
of three inches per foot over 12 feet up to a maximum of 16 feet in
height. "Accessory building height" shall mean the vertical distance
from the average ground elevation to the highest point thereof.
(10.2)
Accessory buildings shall be at least 10 feet
from any principal building situated on the same lot and shall be
at least six feet from any other accessory building.
(10.3)
Accessory buildings may not be erected nearer
to any street than the required front yard setback.
(10.4)
No accessory building wall shall be located
within five feet of any property line in the rear yard.
(10.5)
Accessory buildings built within the side yard
shall meet the side yard setback requirements for the principal building.
(10.6)
For the purposes of this section only, fences,
vertical poles of all lawful kinds, lamp post lights, nameplate signs,
dirt retaining walls or similar structures shall not be deemed accessory
buildings.
(10.7)
Permitted accessory buildings within the B-1,
B-2, B-4, B-5, OB, C-1, L and I Districts shall be permitted in the
side and rear yards only, and shall conform to the minimum required
setbacks for the principal building.
[Added 6-12-2003 by Ord.
No. 8-2003; amended 5-5-2022 by Ord. No. 5-2022]
(10.8)
Portable garage structures and temporary structures
are permitted in single-family residential zones and uses only. One
portable garage structure or temporary structure per principal residential
building shall be permitted and subject to the following provisions:
[Added 5-15-2008 by Ord.
No. 12-2008]
(a)
Portable garage structures and temporary structures
are permitted for a maximum of six consecutive months in any one-year
period; provided, however, that commercial storage containers such
as PODs are permitted for a period of one year. A permit is required
from the Construction Department/Zoning Office for all portable garage
structures, temporary structures and commercial storage containers.
[Amended 6-19-2008 by Ord. No. 13-2008]
(b)
Portable garage structures shall be used for the
cover and protection of automobiles, motorcycles and other similar
passenger vehicles which are legally registered and licensed for use
within public rights-of-way, boats and similar other recreational
vehicles.
(c)
Use of portable garage structures or other temporary
structures for material storage (except associated with approved construction),
storage of motorized outdoor lawn and garden equipment, and such similar
types of materials and equipment shall be strictly prohibited.
(d)
Location: Portable garage structures and temporary
structures shall be permitted within the side and rear yards only,
provided that the structure shall meet the minimum required setback
for accessory structures.
(e)
Maximum size: Portable garage structures and temporary
structures shall not exceed 10 feet wide by 20 feet long (200 square
feet) by eight feet in height.
(10.9)
Dumpsters. Within all residential districts,
dumpsters and/or other similar solid waste storage and removal containers
are permitted during the course of construction, renovations and/or
dwelling/property clean-up and subject to the following additional
requirements:
[Added 5-15-2008 by Ord.
No. 12-2008]
(11)
Principal buildings.
(11.1)
No building to be used as a residence shall
be placed, constructed, altered or moved to the rear of another building
situated on the same lot; nor shall any such building be placed, constructed,
altered or moved to the front of another residence situated on the
same lot.
(11.2)
No use shall be permitted on any lot on which
there is no principal buildings.
(11.3)
Within all zone districts except the L-1 District,
only one principal building may be erected on a lot except for related,
compatible buildings constituting one basic use or operation, under
one management and limited to the following:
[Amended 12-6-2007 by Ord. No. 25-2007]
(11.4)
Within the L-1 Zone District, multiple buildings
with related or unrelated occupants or tenants, may be erected on
a lot, provided that such buildings are part of an integrated complex,
sharing either management, condominium association, and/or ownership
and consisting of one or a combination of permitted uses in the L-1
Zone District.
[Added 12-6-2007 by Ord.
No. 25-2007; amended 9-7-2017 by Ord. No. 11-2017]
(11.5)
Unless otherwise regulated in this chapter,
a principal building as permitted shall be located at least 40 feet
from another principal building situated on the same lot and no principal
building shall be located closer to the front, side or rear lot lines
than the minimum distance required by the zone in which it is situated.
[Amended 12-6-2007 by Ord. No. 25-2007]
(12)
Prohibited uses. Any use not specifically permitted in this
subsection, or by state or federal law, is prohibited. In addition,
the following uses are expressly prohibited in all zoning districts
throughout the Borough.
[Amended 5-16-2002 by Ord. No. 13-2002; 6-12-2003 by Ord. No. 8-2003; 12-18-2003 by Ord. No. 26-2003; Ord.
No. 03-2013; Ord. No. 8-2014; 9-7-2017 by Ord. No.
12-2017; 9-7-2017 by Ord. No. 14-2017; 9-6-2018 by Ord. No. 18-2018; 8-19-2021 by Ord. No. 10-2021; 8-19-2021 by Ord. No. 11-2021; 5-5-2022 by Ord. No. 5-2022; 10-5-2023 by Ord. No. 14-2023]
(12.1)
Massage services, tattoo shops, steam/Turkish baths and saunas.
(12.2)
Sexually oriented businesses.
(12.3)
All classes of cannabis licenses pursuant to the New Jersey Cannabis
Regulatory, Enforcement Assistance, and Marketplace Modernization
Act (P.L. 2021, c. 16),[1] including, but not limited to, all cannabis establishments,
cannabis distributors and/or cannabis delivery services, are hereby
prohibited from operating anywhere in the Borough of Morris Plains,
except for the delivery of cannabis items and related supplies by
a delivery service.
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
(13)
Traffic visibility across corner lots. On any corner lot, no
fence, wall, building or planting over 30 inches in height above the
curb or edge of roadway shall be erected or maintained within a triangle,
two sides of which shall be measured 25 feet from the point of intersection
of street right-of-way lines so as to interfere with traffic visibility
across the corner.
(14)
Outdoor storage. No article or material shall be kept, stored
or displayed outside the confines of a building except in accordance
with the following regulations:
(14.1)
In the residential zones, outdoor storage is
prohibited. This shall not be deemed to include the normal outdoor
storage of trash, garbage, and similar wastes temporarily stored in
suitable containers awaiting scavenger collection.
(14.2)
In the B, C-1 and OB Zones, outdoor storage
is prohibited except for the temporary storage of trash and garbage
in containers and in locations as approved by the Planning Board.
In addition, there shall be no outdoor storage or parking of trucks
or trailers.
[Amended 6-12-2003 by Ord. No. 8-2003]
(14.3)
In the I, L-1 and L-2 Zones, outdoor storage
is permitted, and trash and garbage may be temporarily stored outdoors
pending its collection. All such uses shall be screened by special
planting or a fence of such reasonable height as may be required by
the Planning Board, so that said materials cannot be visible from
any abutting street or property. Outdoor storage as permitted by this
section is only permitted in the side and rear yards, but under no
circumstances shall the storage or display of any article or material
be permitted in the front yard of any zone except trash and garbage
during the waste collection periods on the assigned day for the respective
zones. Outdoor storage or parking of trucks and/or trailers shall
be limited to a period of not more than 30 days.
[Amended 6-12-2003 by Ord. No. 8-2003; 12-18-2003 by Ord. No. 26-2003]
(15)
Municipal uses. In any zone, local municipal uses and local
municipal buildings and any accessory buildings thereto are hereby
permitted.
(16)
Orientation of buildings.
[Amended 6-12-2003 by Ord. No. 8-2003]
(16.1)
In the B-1, B-2, B-3, B-4, B-5, and C-1 Districts,
every building hereafter constructed, erected or placed for a use
as permitted by this chapter shall face or front said building upon
a main street. For the purposes of this chapter, the following streets
are hereby designated as main streets: State Highway Route No. 10,
Speedwell Avenue, Hanover Avenue and U.S. Route 202
[Amended 5-5-2022 by Ord. No. 5-2022]
(16.2)
In the R-1, R-2, R-3 and R-4 single-family districts,
every building hereafter constructed, erected or placed for a use
as permitted by this chapter shall face or front said building upon
an approved public or private street.
(17)
Minimum floor areas. Every dwelling house hereafter erected
or placed on a lot shall have a minimum floor area of 1,200 square
feet. Dwellings having more than one story shall have square unit
contents within the foundation walls equal to or exceeding 900 square
feet.
(18)
Parking in nonresidential zones. No vehicle containing or having
displayed upon it any advertising matter intended to promote the interest
of any business located upon the premises shall be parked or stored
in a parking area serving said business unless it is parked in a side
or rear yard of the lot not fronting on a street or in a wholly enclosed
garage; provided, however, that parking said vehicles in a front yard
for purposes of loading and unloading shall be permitted for a time
limit not to exceed four hours.
(19)
Flood hazard areas.
(19.1)
Flood losses resulting from periodic inundation.
Within the Borough of Morris Plains, there exist certain flood hazard
areas subject to periodic inundation which may result in loss of life
and property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood
protection and relief and impairment of the tax base, all of which
adversely affect the public health, safety and general welfare. These
flood losses are caused by the cumulative effect of obstructions in
areas of special flood hazards which increase flood heights and velocities,
and when inadequately anchored, damage uses in other areas. Uses that
are inadequately floodproofed, elevated or otherwise protected from
flood damage also contribute to the flood loss.
(19.2)
Permitted uses in flood hazard areas. The use permitted within any Flood Hazard Area, as identified in a scientific and engineering report entitled "The Flood Insurance Study of the Borough of Morris Plains, New Jersey" dated June 1, 1981, are those uses permitted and regulated by this chapter for the zone district in which the area may be located, as said zone districts are set forth and delineated on the Borough of Morris Plains Zoning Map, subject to further limitations and regulations set forth in Chapter 11A of the Revised Ordinances of the Borough of Morris Plains, New Jersey, which chapter is adopted herein by reference.
(20)
Temporary permits for temporary structures. No transportable
or wheel-based structure or other temporary structures used as an
office, storage shed or other use incidental to and in connection
with a permitted construction project or building shall be placed
on the site unless the Construction Official shall first have issued
a temporary permit therefor. Such structure shall not be located so
as to be detrimental to any adjoining property and shall be removed
from the site prior to the issuance of a certificate of occupancy
for the permitted construction project or building.
(21)
Extensions into yards. No part of any building shall extend
more than six inches beyond the foundation into any required yard
except the following, which shall not extend more than 18 inches beyond
the foundation into any required yard:
(21.1)
Roof overhangs.
(21.2)
Bay or bow windows.
(21.3)
Unroofed porches, steps, decks and platforms,
except that front steps shall not be construed as part of the building
unless enclosed or unless roofed, but nothing in this provision shall
be read to restrict the right to provide ramps and other reasonable
means of access for the handicapped consistent with the Federal Fair
Housing Act, 42 U.S.C. § 3601 et seq.
(21.4)
Chimneys.
(22)
Exceptions to height requirements.
[Amended 12-18-2003 by Ord. No. 26-2003]
(22.1)
The height provisions of this chapter shall
not apply to the erection of church spires, belfries, towers designed
exclusively for ornamental purposes, chimneys, flues or similar appurtenances
not exceeding the height limit by more than 10 feet.
(22.2)
Height limitations shall not apply to uses for
which special height limitations are provided, such as, radio and
television antennas and cellular telecommunications antennas.
(22.3)
Within all zone districts, except for the L-1
and L-2 Districts, the height provisions of this chapter shall, moreover,
not apply to bulkheads, elevator enclosures, water tanks or similar
accessory structures occupying an aggregate of 10% or less of the
area of the roof on which they are located, and further provided that
such structures do not exceed the height limit by more than 10 feet.
(22.4)
Nothing in Part 4 of this chapter shall prevent
the erection above the height limitation of a parapet wall or cornice
extending above such height limit not more than three feet within
the B Business Districts or C1 Commercial District, four feet within
the OB Office Building District, L-1 Research Laboratory District,
or L-2 Research Laboratory District, or 4.5 feet within the I Limited
Industrial District.
[Amended 4-21-2016 by Ord. No. 7-2016]
(22.5)
Subject to site plan review by the Planning
Board as it pertains to Section 13-5.2A(22), within the I, OB, L-1
and L-2 Zone Districts, special height consideration shall be given
to design heights which may exceed the maximum permitted height which
may be required to conform to standards of the NJDEP and/or other
state and federal agencies.
(23)
Maximum coverage in residence districts.
(23.1)
Unless otherwise provided in this chapter, the
total building coverage on a residential lot shall not exceed an amount
determined by formula as follows:
[Amended 12-19-2019 by Ord. No. 12-2019]
Total Lot Area
(square feet)
|
Maximum Building Coverage
|
---|---|
7,500 and under
|
1,750 square feet, less 0.05 square foot per square foot of
area less than 7,500 square feet
|
7,500 to 15,000
|
1,750 square feet, plus 0.08 square foot per square foot of
lot area greater than 7,500 square feet
|
15,000 to 25,000
|
2,350 square feet, plus 0.07 square foot per square foot of
lot area greater than 15,000 square feet
|
25,000 to 50,000
|
3,050 square feet, plus 0.06 square foot per square foot of
lot area greater than 25,000 square feet
|
50,000 and greater
|
4,550 square feet, plus 0.05 square foot per square foot of
lot area greater than 50,000 square feet
|
(23.2)
Unless otherwise provided in this chapter, the
total lot coverage shall not exceed 200% of the maximum permitted
building coverage. The water surface area of a swimming pool shall
be excluded when calculating lot coverage.
[Amended 6-12-2003 by Ord. No. 8-2003; 10-21-2004 by Ord. No. 18-2004; 12-19-2019 by Ord. No. 12-2019]
(24)
Performance standards.
[Amended 3-21-2019 by Ord. No. 4-2019]
(24.1)
General.
(a)
Prior to or as a condition of the approval of any
application for development, building permit, certificate of occupancy,
continuance of any use, occupancy of any structure and operation of
any process or equipment, the applicant shall supply evidence satisfactory
to the approving board that the proposed use will conform fully with
all the applicable performance standards stated herein. As evidence
of compliance the approving board may require acceptance of tests
by appropriate government agencies or by recognized testing laboratories,
and cost thereof shall be borne by the applicant. The approving board
or Borough Official (i.e., Construction Code Official, Zoning Official)
may require that specific improvements be installed and that operating
procedures be followed if government agencies or testing laboratories
determine that the use requires such in order to ensure compliance
with performance standards.
(b)
The regulations contained in this section shall
apply to all uses in the Borough except for one- and two-family dwellings.
(c)
The standards set forth in this section shall be
considered minimum standards. If standards established by the State
of New Jersey or other federal, state, county or local agencies having
jurisdiction over the nuisance elements require a higher standard,
then the higher standard shall apply.
(d)
All of the requirements of this section shall be
items covered in the developer's agreement, in instances where a developer's
agreement is part of the project.
(e)
All of the requirements of this section shall be
in conformance with N.J.A.C. 5:23, the Uniform Construction Code.
(24.2)
Procedures.
(a)
An application for a building permit or certificate
of occupancy/approval shall be submitted to the Construction Code
Official in triplicate on forms obtained from the Official.
(b)
An applicant for a building permit or certificate
of occupancy/approval shall submit in triplicate all plans of the
proposed construction and development, including a general description
of the proposed machinery operation and products as well as an affidavit
by the applicant acknowledging his understanding of any applicable
regulations and agreement to conform with same at all times.
(24.3)
Temporary certificate of occupancy.
(a)
In the event that a determination cannot be made
at the time of application that a proposed use, process or equipment
will meet the standards established in this section, the Construction
Code Official, with advice of and counsel with the Board, may recommend
issuance of a temporary certificate of occupancy. The temporary certificate
of occupancy shall be based on submission of guarantee (e.g., bond)
that the proposed use, process or equipment will meet the standards
established herein after completion or installation and operation.
(b)
Within 30 days after a temporary certificate of
occupancy is granted, satisfactory evidence shall be submitted to
the Construction Official that all standards established by this section
have been met. Upon such submission, a final certificate of occupancy
shall be issued. Up to two extensions of 30 days each may be granted
at the sole discretion of the Construction Official. If, at the end
of any extension granted by the Construction Official, the performance
standards are not met, the Construction Official has the right to
revoke the temporary certificate of occupancy.
(24.4)
Regulation of Nuisance Elements.
(a)
Definition of nuisance elements. A "nuisance element"
is any smoke, air pollution or dust, odor, liquid or solid waste,
noise, vibration, glare, or temperature change as described below.
(b)
The determination of the existence of nuisance
elements shall be made to the following locations:
Nuisance Characteristic
|
Location of Tests
| |
---|---|---|
Smoke
|
Mouth of vent or smokestack
| |
Air pollution, including solid particles or fly ash
|
Mouth of vent or smokestack
| |
Odors
|
Property line
| |
Liquid waste
|
Property line
| |
Solid waste
|
Property line
| |
Noise
|
Property line
| |
Vibration
|
Exterior face of building envelope (wall, roof, or slab and
foundation)
| |
Glare
|
Property line
| |
Temperature change:
| ||
Gas
|
Property line
| |
Liquid or solid
|
Property line
| |
Storage
|
Tank, drum, shipping container
|
(c)
Continued compliance with the performance standards
stated herein shall be a requirement for the continued occupancy of
any structure or the operation of any process or equipment.
(24.5)
Standard requirements.
(a)
Air pollution.
(i)
General. No substance shall be emitted into the
atmosphere in quantities which are injurious to human, plant or animal
life or to property or which interfere unreasonably with the comfortable
enjoyment of life and property anywhere in the Borough. All provisions
of the New Jersey Air Pollution Control Act (N.J.A.C. 7:27, N.J.A.C.
7:27A, N.J.A.C. 7:27B), as amended, or the regulations contained in
this section, whichever shall be more stringent, shall be complied
with.
(ii)
Smoke. No smoke shall be emitted from any chimney
or other source as visible gray greater than permitted by the most
current standards enforced by NJDEP and/or the New Jersey Air Pollution
Control Act (N.J.A.C. 7:27, N.J.A.C. 7:27A, N.J.A.C. 7:27B)., as amended.
(iii)
No open burning shall be permitted in any area.
(iv)
Odors. There shall be no emission of odorous matter
in such quantities as to be readily detectable without instruments,
at the property line from which they are emitted.
(b)
Wastes.
(i)
Liquid wastes. No liquid waste shall be discharged
into the ground or any watercourse in the Borough without all necessary
permits from the New Jersey Department of Environmental Protection
(NJDEP). No liquid waste shall be discharged into the public sewage
collection and disposal system unless the appropriate official shall
have first investigated the character and volume of such wastes and
shall have certified that the discharge of such waste material will
be accepted into the system. The applicant shall comply with any requirements
of said officials, including the pretreating of such wastes, the installation
of processing methods, separation or screening of wastes, control
of pH and other methods of improving such wastes prior to discharge,
as a condition of approval of such facilities.
(ii)
Solid waste. Each
property owner shall be responsible for:
[a]
Adequate and regular collection and removal of
all refuse, including recyclable materials, except where the Borough
assumes such responsibility.
[b]
Compliance with all applicable provisions of the
NJDEP.
[c]
Compliance with all provisions of N.J.A.C. 7-26
and N.J.A.C. 7-26A.
[d]
No accumulation on the property of any junk or
other objectionable materials except in designated trash receptacles.
(c)
Noise. All applications shall comply with the provisions
of N.J.A.C. 7:29.
(d)
Glare. No single standard for glare is promulgated
in this chapter due to the impracticality of establishing such standards.
It is the intent of these performance standards to ensure that both
direct and indirect glare, to the extent possible, are eliminated
or that activities producing such glare are carried on within a structure
or behind a solid fence in such a manner as to be completely imperceptible
from any point beyond the lot line. Potentially glare-producing devices
such as parking, roadway and walkway lighting shall be designed, constructed
and maintained in such a manner as not to be a nuisance to surrounding
uses.
(e)
Vibration. Vibrations discernible without instruments
at the measuring location shall not be permitted.
(f)
Temperature change. No use or process shall produce
a temperature change greater than 3º C. at the measuring location.
(g)
Fire and explosive hazards. If it appears that
any proposed use, structure, process or resulting product or material
may constitute a fire or explosion hazard, the Board may require the
applicant to supply proof of:
(i)
Approval of the use, structure, process or resulting
product or material from the appropriate state agency or indicating
that adequate safeguards against fire and explosion have been taken
or installed.
(ii)
Approval from the Borough Fire Official that the
applicant has complied with all applicable Borough fire prevention
regulations.
(24.6)
Violations.
(a)
The Zoning Officer shall investigate any alleged
violation of the regulations, and if there are reasonable grounds
to believe that a violation exists, shall notify the Borough Council.
The Borough Council shall investigate the alleged violation and for
such investigation may employ qualified experts. If the experts find
such a violation exists, the cost of the experts' services shall be
paid by the violator. If there was no violation, the Borough shall
pay said costs.
(25)
Stream buffer setbacks. In recognition of the fact that natural
features contribute to the welfare of residents, the following regulations
have been enacted to provide reasonable controls governing the conservation
and disturbance for all perennial and intermittent streams and all
ponds and similar water bodies found within the Borough.
[Added 12-19-2002 by Ord.
No. 24-2002]
(25.1)
No principal and/or accessory buildings or structures
shall be located within 25 feet from each defined edge of an identified
watercourse or surface water body.
(25.2)
Within 25 feet of each defined edge of an identified
watercourse or surface water body, the following activities and facilities
are specifically prohibited:
(a)
Clear-cutting of trees and other vegetation or
the removal or disturbance of vegetation in a manner that is inconsistent
with erosion control and buffer protection.
(b)
Removal of trees in excess of selective cutting,
except where such removal is necessary as a means to eliminate dead,
diseased or hazardous tree stands that jeopardize public safety or
as part of a reforestation project.
(c)
Storage of any hazardous or noxious materials.
(d)
Use of fertilizers, pesticides, herbicides, and/or
other chemicals in excess of prescribed industry standards or the
recommendations of the Morris County Conservation District.
(e)
Roads or driveways, including motor or wheeled
vehicle traffic in any area not designed to accommodate the type and
volume.
(f)
Parking lots.
(g)
Any type of temporary or permanent structure, except
fences.
(h)
Subsurface sewage disposal.
(26)
Uses permitted in all single-family residence districts.
[Added 5-15-2008 by Ord.
No. 12-2008; repealed 2-18-2016 by Ord. No. 1-2016]
(27)
Multifamily housing recycling. The purpose of this paragraph
is to establish facilities for the collection or storage of source-separated
recyclable material in new multifamily housing developments.
[Added 5-15-2008 by Ord.
No. 12-2008]
(27.1)
Definitions. As used in this paragraph, the
following terms shall have the meanings indicated:
(a)
"Multifamily housing development" means a building
containing three or more dwelling units occupied or intended to be
occupied by persons living independently of each other, or a group
of such buildings.
(b)
"Recycling area" means space allocated for collection
and storage of source-separated recyclable materials.
(27.2)
In any new multifamily housing development that
requires subdivision or site plan approval, there shall be included
an indoor and/or outdoor recycling areas for the collection and storage
of residentially generated recyclable materials. The number of sites
and dimensions of the recycling areas shall be sufficient to accommodate
recycling bins or containers which are of adequate size and number,
and which are consistent with anticipated usage and with current methods
of collection in the area in which the project is located. The number
of sites and dimensions of the recycling areas and the bins or containers
shall be determined in consultation with the municipal recycling coordinator,
and shall be consistent with the district recycling plan adopted pursuant
to Section 3 of P.L. 1987, c.102 (N.J.S.A. 13:1E-99.13) and any applicable
requirements of the municipal master plan, adopted pursuant to Section
26 of P.L. 1987, c. 102,[2] as may be amended from time to time.
[2]
Editor's Note: See N.J.S.A. 40:55D-28.
(27.3)
The recycling areas shall be conveniently located
for the residential disposition of source-separated recyclable materials,
preferably near, but clearly separated from, a refuse dumpster.
(27.4)
The recycling areas shall be well lit, and shall
be safely and easily accessible by recycling personnel and vehicles.
Collection vehicles shall be able to access the recycling areas without
interference from parked cars or other obstacles. Reasonable measures
shall be taken to protect the recycling areas, and the bins or containers.
(27.5)
The recycling areas or the bins containers placed
therein shall be designed so as to provide protection against adverse
environmental conditions which might render the collected materials
unmarketable. Any bins or containers which are used for the collection
of recyclable paper or cardboard, and which are located in an outdoor
recycling area, shall be equipped with a lid, or otherwise covered,
so as to keep the paper or cardboard dry.
(27.6)
Signs clearly identifying the recycling areas
and the materials accepted therein shall be posted adjacent to all
points of access to the recycling areas. Individual bins or containers
shall be equipped with signs indicating the materials to be placed
therein.
(27.7)
Landscaping and/or fencing shall be provided
around any outdoor recycling areas and shall be developed in an aesthetically
pleasing manner.
B.
Special use provisions.
(1)
Awnings. Awnings, as defined in Section 13-2.1, may be attached to buildings in all zone districts subject to the following limitations:
(1.1)
Awnings attached to a structure shall not extend more than three
feet into any required yard setback when fully extended.
(1.2)
The bottom edge of an awning attached to a nonresidential structure
shall be at least eight feet above the ground below when fully extended.
(1.3)
In the B-1 and B-5 Zone, an awning attached to a building wall
facing a street may extend up to two feet into an adjoining street
right-of-way when fully extended.
[Amended 5-5-2022 by Ord. No. 5-2022]
(2)
Boat storage. Notwithstanding any other provisions of this chapter,
the parking of boats in any residential district is prohibited, except
that the prohibition should not extend to one boat not to exceed 30
feet in length if kept on a trailer or other support and owned by
the property owner, when placed within the yard setback requirements
of the zone in which it is parked.
(3)
Central air conditioners. The following regulations shall apply
to the installation of central air conditioners:
(3.1)
For the purposes hereof, a central air conditioner shall mean
a power operated, water or air-cooled device connected to a duct system,
designed for human comfort cooling, but shall exclude a fixed or movable
type air conditioner installed in a room or a window or through a
wall, intended to cool an individual room.
(3.2)
No central air conditioner shall be installed in any dwelling
erected on a lot located in any residence district delineated on the
Official Zoning Map of the Borough, unless a permit, as required under
the Uniform Construction Code, is first obtained from the Building
Inspector. Where the condensing unit or water tower of such central
air conditioning unit is to be placed outside the confines of such
dwelling, it shall be so placed as to meet all yard setback provisions
of the zone district in which the lot is located; provided, however,
that no condensing unit shall be located in a front yard.
(3.3)
The condensing unit or water tower of a central air conditioning
system hereafter installed to serve a building or structure erected
or to be erected in any zoning district other than a residence district,
if not located upon the roof of such building or structure, shall
be so placed as to comply with the setback provisions of the zoning
district in which the lot is located.
(3.4)
Every application for the installation of a central sir conditioning
system to serve an existing dwelling, building or other structure,
shall be accompanied by the fees required by the Uniform Construction
Code. No application or fee shall be required in the case of new construction
where the building plans, submitted in connection with the application
for a building permit, show that a central air conditioning system
is to be installed. If not shown on such building plans, and such
plans are later changed or modified to include the installation of
a central air conditioning system, then the provisions of this section
shall apply, and the application and fees required by the Uniform
Construction Code shall be required.
(4)
Child-care centers. Other regulations of this chapter to the
contrary notwithstanding, child-care centers for which, upon completion,
a license is required from the Department of Human Services pursuant
to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.) shall be permitted
in all nonresidential zones. Child-care centers are also permitted
as secondary uses in conjunction with institutional uses located in
the B-4 Zone and as a secondary use in conjunction with office, research
and manufacturing facilities in the L-1; L-2 and I Zones when operated
by those facilities in as a service to employees. Child-care centers
in all nonresidential zones, whether permitted as principal uses and
or secondary uses as noted herein, shall be subject to the following
requirements:
[Amended 12-18-2003 by Ord. No. 26-2003]
(4.1)
Minimum lot size. Unless a greater area is required by the zone
district in which the use is located, there shall be a minimum lot
area of 18,000 square feet for the first 15 children for which the
facility is licensed to accommodate at any one time plus 600 square
feet for each additional child for which the facility is so licensed.
(4.2)
Time of operation. Child-care centers, except child-care centers
operated by an industry during work hours a service to its employees,
shall be limited to daytime operations between the hours of 7:00 a.m.
to 7:00 p.m.
(4.3)
Setbacks. Any building containing a child-care center shall
meet the yard requirements of the zone district, provided that no
such building shall be located within 35 feet of a residential property.
(4.4)
Outdoor play areas. Outdoor play areas shall be located in side
and rear yards only, shall be enclosed by a fence and shall be located
at least 35 feet from a residential property line and at least 20
feet from a nonresidential property line.
(4.5)
Parking. Off-street parking shall be provided in accordance with Section 13-5.7. Off-street parking need not be provided in connection with child-care center operated as secondary use in conjunction with an institutional use or when operated by an industry as a service to employees if such parking would duplicate available, existing parking. All off-street parking shall be subject to the location requirements of Schedule A.[3]
[3]
Editor's Note: The Schedule is included as an attachment to this chapter.
(4.6)
Pickup and delivery of children shall take place on the site
with safe means of ingress and egress as approved by the Planning
Board.
(4.7)
Screening. All parking areas and play areas that adjoin residential
properties shall be effectively screened by appropriate landscaping
as approved by the Planning Board.
(4.8)
Site plan approval. Any child-care center shall be subject to
site plan approval by the Planning Board in accordance with Article
4.
(6)
Fences and walls. Subject to the requirements imposed by Section
13-5.2A(12) hereof regarding traffic visibility across corner lots,
no fence, wall, hedge or shrubbery higher than four feet shall extend
into any front yard. No fence or wall within the side or rear yard
shall exceed six feet in height. All fences and walls are subject
to the following additional provisions:
[Amended 12-2-2004 by Ord. No. 25-2004]
(6.1)
Within the R Districts, a fence used to enclose tennis courts
may be erected to a height of not more than 12 feet above ground level,
and further provided that said fence is located at least 10 feet from
a property line. Upon discontinuance of tennis court use, any such
fence shall either be reduced to a height of six feet or removed.
(6.2)
For purpose of applying height limits, multiple, staggered or
tiered walls, and/or wall/fence combinations shall be considered single
units unless the minimum horizontal distance between the top of any
section or tier shall be 10 feet.
(6.3)
All retaining walls greater than four feet in height shall require
certification by a professional engineer that the wall was constructed
in accordance with approved plans and/or guidelines.
(6.4)
Fences shall be constructed of non-rusting wire or chain link,
metal, plastic or wood. Metal fences shall be maintained to prevent
rusting and/or oxidation. The use of barbed wire or wire on which
barbs or points are strung or fastened is prohibited.
(6.5)
Any fence shall have the front (finished) face exposed to said
adjacent street or property line. Use of wire or chain link fence
in the front yard facing a public street or front property line is
prohibited except when required by ordinance to enclose a swimming
pool and related accessory pool deck and patio areas.
(6.6)
Special fences, to heights allowed as prescribed by the Planning
Board or Board of Adjustment in its site plan review, shall be permitted
around public utility installations or around buildings housing institutional
uses or adjacent to commercial or industrial buildings which abut
residential uses, as may be reasonably required for the safety of
the public, for the protection of the buildings themselves or for
screening of commercial or industrial uses from nearby residences.
(6.7)
Fences and walls as permitted within this section shall be installed
a minimum of six inches from the property line.
[Added 5-15-2008 by Ord.
No. 12-2008]
(7)
Garages in residential zones. No building permit shall be granted
for the erection of a dwelling unless a private garage shall be provided
for at least one, but not more than three motor vehicles, together
with an adequately surfaced driveway (blacktop, concrete, paver block
or the like) connecting same with the adjacent street. The required
garage space shall have minimum dimensions of 10 feet in width and
20 feet in depth. No commercial vehicle shall be permitted to be kept
on a lot in a residence zone, except that one commercial vehicle of
a rated capacity not exceeding one ton, owned and used by a resident
of the premises, shall be permitted if regularly garaged. The provisions
of this section must be met on the same lot with the principal building.
This section shall not be deemed limiting of the number of commercial
trucks or cars used upon a farm. No garage may be demolished, or converted
to another use unless at least one stall thereof remains usable as
a garage, or another garage shall be provided on the lot to comply
herewith.
(8)
Motor homes and travel trailers. Notwithstanding any other provisions
of this chapter, the parking of motor homes and travel trailers in
any zone is prohibited, except that the prohibition should not extend
to one unoccupied motor home or travel trailer, not exceeding 30 feet
in length, owned by the property owner or one such vehicle occupied
by nonpaying quests of the property owner for a period not longer
than two weeks in any calendar year, if parked within the yard setback
requirements of the zone in which it is parked.
(9)
Private swimming pools. Private swimming pools are permitted
as accessory uses in all residential zones, provided a permit is issued
by the Building Inspector and signed by the Borough Engineer, and
further provided all of the following regulations are complied with:
(9.1)
The area of the private swimming pool shall not exceed 20% of
the rear yard area.
(9.2)
The pool shall be equipped with a filtration, circulation, clarification
and chlorination system adequate to maintain the water in a clean
and healthful condition in accordance with the health requirements
of the Borough and state.
(9.3)
The discharge pipe or conductor leading from any private swimming
pool shall not exceed two inches in diameter, and shall be composed
of galvanized iron, or such other standard and durable material as
may be approved by the Borough Engineer. No private swimming pool
shall be wholly or partially emptied in any manner that will cause
water to flow upon the premises of another and no private swimming
pool shall be wholly or partially emptied upon any land if a stormwater
drain is readily accessible to the premises on which the pool is located.
No private swimming pool shall be wholly or partially emptied into
any sanitary sewer system, cesspool or septic tank.
(9.4)
No public water shall be used in connection with the operation
of any private swimming pool during any time when restrictions are
imposed on the use of public water.
(9.5)
Every private swimming pool shall be completely enclosed with
a permanent substantial fence at least four feet from the edge of
the pool, no less than four feet in height above the ground level
with gate or gates. Any opening in such fence and any gate shall be
designed, constructed and maintained so as to prevent access to the
pool at any time except when the pool is in use under the supervision
of the possessor of the pool or by his permission.
(9.6)
The swimming pool shall not be closer than 10 feet to any building
nor 15 feet to any side or rear lot lines of the premises, provided
on corner lots no part of any pool shall be constructed within the
front yard of either street.
(9.7)
All lighting in connection with a swimming pool shall be so
arranged and shielded as to reflect the light downward away from all
adjoining and nearby residences and streets.
(10)
Radio and television antennas. Radio and television antennas,
including satellite dish antennas, but not including cellular telecommunications
antennas which are regulated in Section 13-5.2B(10) below, may be
installed, erected and maintained as accessory uses on a lot which
contains a principal structure within all zone districts, but only
in accordance with the provisions of this section. The term "antenna,"
as used herein, shall include any system of wires, poles, rods, reflecting
discs or similar devices, which system is external to or attached
to the exterior of any building. Antennas shall include devices having
active elements extending in any direction and directional beam-type
arrays having elements carried by and disposed from a generally horizontal
boom that may be mounted upon and rotated through a vertical mast
or tower inter-connecting the boom and antenna support, all of which
elements are deemed to be a part of the antenna. The height of an
antenna shall be the total maximum to which it is capable of being
raised and shall be measured from the highest point of the finished
grade adjacent to the structure if ground-mounted or from the peak
of the roof if roof-mounted.
It is the purpose of this section, in particular, to regulate
the construction, erection and use of satellite dishes consistent
with an applicant's desire to receive and utilize satellite signals.
The size, shape and location of satellite dish antennas present health,
safety and aesthetic concerns to the community, and it is the purpose
of this section to locate the satellite dish antennas in the rear
yard whenever and wherever possible. It is further the purpose of
this section to locate the satellite dish antennas on the ground.
Finally, except as otherwise permitted in the L and I Zones,
it is the purpose of this section to limit rooftop locations of satellite
dish antennas to those applicants who are unable to receive satellite
signals from other reasonable locations on the property.
All antennas shall be subject to the following:
(10.1)
Development standards. All antennas shall be
located, designed, constructed, treated and maintained in compliance
with the requirements of the BOCA Basic Building Code and the requirements
set forth below. Unless otherwise provided herein, and except for
the number of antennas permitted on a lot, the regulations below shall
not apply to satellite dish antennas of one meter or less in diameter
anywhere in the Borough or to satellite dish antennas of two meters
or less in diameter located in nonresidential zones. The requirements
below have been designed with the intent of advancing and achieving
health, safety and aesthetic interests and objectives and are further
intended to operate so as not to impose unreasonable limitations on,
or prevent, reception of satellite-delivered signals or to impose
costs on the users which are excessive in light of the cost of purchase
and installation.
(10.2)
Antennas in residential districts.
(a)
No lot shall contain more than two antennas, not
more than one of which may be a satellite dish antenna.
(b)
No antenna shall be located in a front yard.
(c)
Roof-mounted antennas of any type shall not extend
higher than 15 feet above the highest point of the roof. Satellite
dish antennas shall not be permitted on the roof unless the requirements
set forth in this section cannot be satisfied as determined by the
Board of Adjustment in accordance with Section 13-5.2B(10.7) below.
In such instances, no roof-mounted satellite dish antenna shall exceed
eight feet in diameter nor extend higher than 10 feet above the highest
point of the roof. A roof-mounted satellite dish antenna shall be
of mesh construction.
(d)
Ground-mounted, accessory antennas of any type
shall not extend higher than 60 feet above adjacent ground level,
except that ground-mounted, satellite dish antennas shall not exceed
10 feet in diameter nor 12 feet in height.
(e)
Antennas located in a side yard shall meet the
side yard setback requirement for principal buildings.
(f)
Antennas located in a rear yard shall meet the
property line setback requirement applicable to accessory buildings
established in Section 13-5.2A(10), but in no event shall same be
located closer to a property line than 1/2 the height of the antenna.
(10.3)
Antennas in multifamily housing developments.
Antennas located in multifamily housing developments shall meet the
requirements of Paragraph (10.2) above, except that there may be one
satellite dish antenna for each 50 dwelling units up to a maximum
of three such antennas.
(10.4)
Antennas in Business and Commercial Districts.
Antennas in the B-1, B-2, B-3, B-4 and C-1 Zones shall meet the requirements
of Paragraph (10.2) above.
(10.5)
Antennas in Research Laboratory and Limited
Industrial Districts. Antennas in the OB, L-1, L-2 and I Zones shall
meet the following requirements:
[Amended 12-18-2003 by Ord. No. 26-2003]
(a)
No antenna shall be located in a front yard.
(b)
An antenna may be erected on the roof of a building,
provided that the building, including the antenna, falls within the
height limits established for the zone district. Dish antennas exceeding
12 feet in diameter or 14 feet in height shall not be permitted on
the roof. Ground-mounted antennas shall not exceed 70 feet in height,
provided that no ground-mounted dish antenna shall exceed a diameter
of 16 feet nor extend above the ground more than 18 feet.
(c)
Within the L-1 Zone, an antenna located in a side
yard or a rear yard shall be located at least 100 feet from a residential
zone, but in all cases, not less than the height of the antenna.
(d)
Within the L-2 Zone, an antenna located in a side
yard or a rear yard shall be located at least 40 feet from a property
line, but not less than the height of the antenna.
(10.6)
General regulations.
(a)
No portion of an antenna array shall extend beyond
the property lines or into any front yard area. Guy wires shall not
be anchored within any front yard area but may be attached to the
building.
(b)
Ground-mounted antennas shall be any antenna with
its base mounted directly in the ground, even if such antenna is supported
or attached to the wall of a building. Fixed- guyed antenna towers
shall be fascia-mounted or guyed. Wire antennas that are not self-supporting
shall be supported by objects within the property lines but not within
any front yard areas.
(c)
The antenna, including guy wires, supporting structures
and accessory equipment, shall be located and designed so as to minimize
to the greatest extent possible the visual impact on surrounding properties
and from public streets. Antennas should be screened from view through
the addition of appropriate fencing or evergreen landscaping that
harmonize with the elements and characteristics of the property; provided,
however, that if the Board of Adjustment determines that either (a)
natural terrain, existing structures and landscaping provide adequate
screening; or (b) required screening would inhibit adequate reception
of satellite signals, then screening by fencing or plantings may be
waived. The materials used in constructing the antenna shall not be
unnecessarily bright, shiny, garnish or reflective, and all antennas
shall blend with the surrounding environment.
(d)
Power control and signal cables to or from the
antenna shall be by underground conduit.
(10.7)
Approval of antennas. All antennas shall be
subject to the review and approval of the Zoning Official. Each application
shall be accompanied by a report prepared by the installer of the
antenna explaining why the proposed location was selected.
(a)
An application which seeks to deviate from the
requirements of this section in terms of location, size, height, screening
or materials of construction shall be referred to the Board of Adjustment
pursuant to N.J.S.A. 40:55D-70b for a determination as to whether
the deviation is required in order to permit reception of satellite
signals consistent with the purposes and objectives of this section.
(b)
When it deems it necessary, the Board of Adjustment may, at the applicant's expense, consult with an expert in the field of antenna installations for guidance in evaluating an applicant's report when a deviation from the requirements of this section is requested. The applicant may be required to supplement the technical review deposit required by Section 13-3.4 if the Board determines that the amount deposited is not sufficient to pay said expert for his services.
(10.8)
Prohibitions. No antenna or antenna structure
located in the Borough, regardless of when it was erected, shall be
used as a sign or a supporting structure for any sign or lettering.
(10.9)
Enforcement.
(a)
All antennas shall be maintained in good condition
and in accordance with all requirements of this section.
(b)
All antennas shall be subject to periodic reinspection.
No additions, changes or modifications shall be made to an antenna,
unless the addition, change or modification is in conformity with
the BOCA Basic Building Code.
(11)
Cellular telecommunications antennas.
[Repealed 10-21-2004 by Ord. No. 18-2004]
(12)
Residential cluster development in the R-1 Zone. In a residential
subdivision in the R-1 Residence Zone the minimum lot area may be
reduced to not less than that specified in Schedule D[5] for a clustered lot, provided that all of the following
requirements are met:
(12.1)
The subdivision development plan will not result
in a greater dwelling unit density than of the property in question
were developed without residential clustering. In order to demonstrate
compliance with this provision, the applicant shall submit a qualifying
plan showing a conventional subdivision plan which will satisfy all
zoning and development standards.
(12.2)
The open space area shall be equal to or greater
than the same percentage of the total subdivision tract area that
the lot areas have been reduced from the area requirements.
(12.3)
Any area reserved as permanent open space shall
be suitable for its intended purpose and shall be at a location and
of a shape as approved by the Planning Board.
(12.4)
The open space area shall be reserved in perpetuity
either by dedication for public use or for use by the residents of
the development by private covenant or deed restriction for one of
the following purposes:
(a)
Undeveloped open space.
(b)
Public or private recreation facilities.
(c)
School grounds, including but not limited to the
following purposes: undeveloped open space, recreational areas, environmental
study areas and areas to improve access to a school site; provided,
however, that the area dedicated shall not be utilized for the purpose
of school construction.
(d)
Conservation of environmentally sensitive features,
including but not limited to steep slopes, wetlands, floodplains and
wooded areas.
(12.5)
Provision shall be made to ensure suitable maintenance
of any area to be reserved by private covenant or deed restriction
by the establishment of a property owner's association or other appropriate
organization.
(12.6)
No single area to be dedicated for public purposes
shall be less than eight acres, unless the area is to be joined to
an existing parcel of public property or unless a smaller area is
shown on the Master Plan or unless, due to unusual circumstances,
the area would serve an important public function, the general welfare
of the Borough or otherwise promote the sound planning objective of
the Borough as reflected in the Master Plan.
(12.7)
Nothing contained herein shall be construed
to require the Planning Board to approve any subdivision employing
clustering if said subdivision is in conflict with any provision of
the Morris Plains Master Plan or if said subdivision will in any way
result in a land use pattern that will adversely affect that portion
of the Borough in which it falls.
(12.8)
Residential clustering is optional with the
subdivider, and the foregoing requirements apply only if such option
is exercised.
(12.9)
The deed for any lot created under residential
cluster development shall reflect that fact and shall reference the
recorded final plat under which the lot was established.
[5]
Editor's Note: The Schedule is included as an attachment to this chapter.
(13)
Flagpoles. Flagpoles shall not exceed a height of 25 feet where
located within the B-1 District, or any R Residential District. Flagpoles
not exceeding 40 feet in height are permitted within the C-1, B-2
and B-4 Zones. Flagpoles not exceeding 60 feet in height are permitted
within the OB, B-3, I, L-1 and L-2 Zone Districts.
[Amended 12-18-2003 by Ord. No. 26-2003]
(14)
Vehicle storage. The parking and/or storage of registered motor
vehicles shall be limited to paved and/or graveled on-site surfaces
only. The parking and/or storage of unregistered motor vehicles is
specifically prohibited within any zone, unless stored in a garage.
[Added 6-19-2008 by Ord.
No. 13-2008]
(15)
Shelters, supportive and special needs housing, supportive shared
living housing, transitional housing and permanent supportive housing.
Wherever permitted in this chapter, shelters, supportive and special
needs housing, supportive shared living housing, transitional housing
and permanent supportive housing uses shall meet the following requirements:
(15.1)
The minimum lot area for the zone district in
which the use is located shall be met; provided, however, that no
lot shall contain less than two acres.
(15.2)
All yard and setback requirements of the zone
district shall be met; provided, however, that no yard shall be less
than the height of the facility.
(15.3)
Adequate off-street parking shall be provided.
Parking areas and driveways shall meet parking setback requirements
of the use.
(15.4)
Fencing or screening shall be provided as required
by the Planning Board.
(15.5)
Building design shall be consistent with the
character of the neighborhood in which the use is to be located.
(15.6)
All applicable provisions of Article 5 of this
chapter relating to site plan approval shall be complied with.
(15.7)
This section shall not apply to any use or building
expressly or by implication permitted by right in any zone.
C.
Requirements for developments increasing the Borough of Morris Plains'
growth share obligation for affordable housing.
[Added 10-19-2006 by Ord.
No. 13-2006; repealed 9-6-2018 by Ord. No. 17-2018]
A.
Continuance of nonconforming use or structure. Any nonconforming use or structure which existed lawfully on December 18, 1958 may be continued upon its lot, and any such existing structure devoted to a nonconforming use may be reconstructed or structurally altered, subject to Section 13-5.3B and 13-5.3C hereof, and the following regulations:
(1)
A structure or nonconforming use shall not be enlarged unless
the use is changed to a conforming use.
(2)
No nonconforming use shall be extended at the expense of a conforming
use.
(3)
A nonconforming use changed to a conforming use may not thereafter
be changed back to a nonconforming use.
(4)
A nonconforming use in lawful existence at the time of the passage
of this chapter shall not be permitted to be changed to another nonconforming
use.
B.
Completion of existing buildings. Nothing in this chapter shall require
any change in plans, construction or designated use of a building
for which a building permit has been heretofore issued and when construction
has been diligently prosecuted within six months of the date of such
permit.
C.
Restoration of existing buildings and structures. Nothing in this
chapter shall prevent the restoration of a nonconforming building
or structure partially destroyed by fire, explosion, act of God or
act of public enemy, provided that any nonconforming structure that
is partially destroyed in the manner aforesaid may be reconstructed
and thereafter used only in such manner as not further to violate
the reasons for nonconformity. Any structure that is nonconforming
because of use that is totally destroyed in the manner aforesaid may
be rebuilt only as a conforming use. Any structure that is nonconforming
because of height, yard or area requirements that is totally destroyed
may be rebuilt only if the height, yard and area requirements of this
chapter are met.
The owner of any nonconforming structure which has been partially
destroyed, as mentioned above, must apply for a building permit to
rebuild same within 12 months after the timer of destruction. If the
application to rebuild is filed after the above-mentioned twelve-month
period, a building permit will be issued for a conforming use only.
Nothing in this chapter shall prevent the restoration of a wall declared
unsafe by the Building Official.
D.
Unlawful use not authorized. Nothing in this chapter shall be interpreted
as authorization for, or approval of the continuance of the use of
a structure or land which is in violation of zoning regulations in
effect at the time of the effective date of this chapter.
E.
Nonconforming due to reclassification. The foregoing provisions of
this article shall also apply to buildings, structures, land or uses
which hereafter become nonconforming due to any reclassification of
zones under this chapter, or any subsequent change in the regulations
of this chapter.
Pursuant P.L. 1975, c. 291, the Planning Board may grant conditional
uses wherever permitted in this chapter. Application for a conditional
use shall be made in accordance with the procedures set forth in Article
4 of this chapter for preliminary approval, and the Planning Board
shall act on the application in accordance with said procedures for
preliminary approval. Requirements for conditional uses provided for
in this chapter shall be as follows:
A.
Helistops. Notwithstanding any other, provisions of this chapter,
a private helistop shall be permitted as an accessory use in the L-1
and L-2 Research Laboratory Zone and the I Limited Industrial Zone,
but not in any portion of an overlay zone intended for hotels and
other specified uses, subject to the determination by the Planning
Board that all of the following conditions have been met in addition
to all other applicable codes and ordinances.
[Amended 12-18-2003 by Ord. No. 26-2003]
(1)
An application for the use of a property for a helistop shall
be considered and approved by the Planning Board prior to any approval
by the New Jersey Department of Transportation Division of Aeronautics
regulating such use.
[Ord. No. 03-2013]
(2)
A site plan shall be submitted to the Planning Board pursuant
to Article 5, showing such additional information as may be reasonably
necessary for the Planning Board to make a determination that all
conditions set forth in this section will be met, including, but not
limited to:
(2.1)
Approach and departure paths.
(2.2)
Obstructions, together with distances to and heights of such
obstructions.
(2.3)
A statement setting forth the type of helicopters to be used
and the frequency and hours of operation.
(2.4)
Documentation that will demonstrate that all reasonable measures
will be taken to minimize the noise level of craft using the facilities.
(2.5)
Such other maps and documents as may be needed to determine
compliance with all requirements herein.
(3)
It shall be determined by the Planning Board that the particular
helistop is reasonably necessary and its operation will not result
in a significant adverse effect on the character of the neighborhood
in terms of noise, wind (downdraft), fumes and safety.
[Ord. No. 03-2013]
(4)
The landing and takeoff area shall comply with the requirements
of the New Jersey Department of Transportation Division of Aeronautics.
[Ord. No. 03-2013]
(5)
Only one helistop shall be permitted per lot.
[Ord. No. 03-2013]
(6)
Area and bulk requirements.
(6.1)
Any property containing a helistop shall satisfy the minimum
lot size requirements of the L-1 and L-2 Research Laboratory Zone
and the I Limited Industrial Zone.
[Amended 12-18-2003 by Ord. No. 26-2003; Ord. No. 03-2013]
(6.2)
No helistop shall be located within 225 feet of a property line,
nor within 500 feet of a residential zone boundary. These setback
requirements shall apply to property lines and zone boundary lines
located in adjoining municipalities as well as in the Borough of Morris
Plains.
(6.3)
The site center shall be at least 100 feet from any buildings.
[Ord. No. 03-2013]
(6.4)
The helistop shall be located on the same lot as the principal
use.
(7)
The number of helicopter flights shall not exceed four round
trip flights per day, shall be restricted to Monday through Saturday
during daylight hours (defined as 1/2 hour before sunrise until 1/2
hour after sunset) and are expressly prohibited on Sundays and legal
holidays.
(8)
The landing and takeoff area shall be suitably improved or constructed
as determined by the New Jersey Department of Transportation Division
of Aeronautics. The landing and takeoff area shall be level, smooth
and free of dirt and debris.
(9)
The helistop shall be a ground-level site. Rooftop sites are
prohibited.
(10)
Fuel storage, fuel transfer, hanger and repair facilities are
prohibited. Adequate tie-down facilities shall be provided.
(11)
Suitable landscaping for the helistop based upon relation to
adjoining streets, residence districts and surround buildings or uses
may be required by the Planning Board. Buffer materials shall be installed
to screen aircraft from any adjoining roadways and residential areas.
(12)
Adequate safety and fire equipment and personnel as determined
by the appropriate federal and state agencies, shall be provided.
(13)
Provision shall be made for adequate storm drainage so that
surface water is drained away from the landing and takeoff area and,
such drainage shall not adversely affect adjoining properties.
(14)
Provision shall be made for approach and departure paths as
approved by the New Jersey Department of Transportation Division of
Aeronautics. Such approach and departure paths shall be so located
as to provide maximum safety to the aircraft using the facility, and
to minimize the impact on surrounding development. Under normal operations,
these routes shall be adhered to any only when the safety of the aircraft
would otherwise be comprised shall there be any deviation from the
approved approach and departure paths.
(15)
Provision shall be made for lighting conforming to design guides,
if any, established by the Federal Aviation Administration.
(16)
Any change in the frequency of use or changes to the site features
as originally approved shall require prior approval of the Planning
Board.
(17)
Without limitation of the foregoing, and as a minimal requirement,
the helistop shall in all respects conform to all design guides or
construction and location standards, if any, established by the New
Jersey Department of Transportation Division of Aeronautics regulating
such use or by the Federal Aviation Administration.
B.
Gasoline service stations. Wherever permitted in this chapter, gasoline
service stations shall meet the following requirements:
[Amended 10-5-2023 by Ord. No. 14-2023]
(1)
The lot or parcel shall meet the minimum lot size requirements
for its zone district; provided, however, that no lot shall be less
than 25,000 square feet.
(2)
The lot or parcel of land so to be used shall have a street
frontage of at least 150 feet and an average depth of at least 150
feet.
(3)
The walls of the building or structure are set back at least
25 feet from every property line at least 40 feet from a street line;
provided, however, that all yard requirements of the zone in which
the use is located are met.
(4)
The fascia of any canopy erected over pump islands and pump
lanes shall be at least 10 feet from a street right-of-way line, at
least 25 feet from the intersection of street rights-of-way and at
least 25 feet from any property line.
(5)
Entrance and exit driveways shall be at least 30 feet in width
with a three-foot radius at the curbline. There shall be a safety
zone between driveways of at least 30 feet in width with a three-foot
radius at the curbline and driveways shall be at least 10 feet from
adjoining property lines.
(6)
Corner lots shall have a curb radius of at least 25 feet and
driveway entrances shall start at least 20 feet from the radius tangent
points.
(7)
Every gasoline or oil tank, pump, lift, filling, greasing or
other device, appliance or apparatus is located at least 25 feet from
any street line and at least five feet from the side and rear lines
of the premises.
(8)
No floor drains shall be connected to the sanitary sewer system.
(9)
The nearest boundary line of the lot or parcel of land so to
be used is at least 500 feet from any boundary line of property which
is used as, or upon which is erected:
(9.1) A public or private school.
|
(9.2) A church or other place of worship.
|
(9.3) A hospital.
|
(9.4) A public library, a public art museum or other public
building.
|
(9.5) A theater or other building used or intended to be used
for motion picture, theatrical or operatic productions, or for public
entertainment.
|
(9.6) A public playground or civic center.
|
(9.7) A firehouse or fire station.
|
(9.8) An existing service station.
|
(10)
The nearest boundary line of the lot or parcel of land so to
be used is at least 300 feet on either the same or opposite site of
the street from any residential district boundary line.
(11)
No part of any gasoline service station operation or paved area
shall be conducted within 25 feet of a residential zone boundary.
A six-foot-high unpierced fence shall be installed along any residential
zone boundary.
(12)
All paved areas within the property shall be at least 10 feet
from a property line or a street right-of-way line and bounded by
concrete or granite block curbing at least six inches above the surface.
(13)
Curbing shall be installed in the street right-of-way in accordance
with Borough specifications.
(14)
A gasoline service station may include a convenience food store
not exceeding a floor area of 2,500 square feet and provision for
additional parking for that use in accordance with Schedule E.[1]
[1]
Editor's Note: Schedule E is included as an attachment to this chapter.
(15)
Adequate parking for automobiles of employees and patrons shall
be provided and shall be limited to those vehicles of employees, those
which are involved in gasoline servicing at the station and those
commercial vehicles accessory and necessary to the operation of the
service station. No other parking shall be permitted. No parking shall
be permitted on unpaved areas. Parking shall be provided in accordance
with Schedule E.
(16)
There shall be no outdoor storage of supplies, materials or
automobile parts whether for sale, storage or waste. The sale of used
cars for the customers is permitted as an accessory use only, provided
that not more than two such vehicles are parked on the premises at
any time.
(17)
Repair work other than incidental minor repair shall take place
within the building and all repair or service apparatus shall be located
within the building.
C.
Public utilities. Wherever permitted in this chapter, public utilities
shall meet the following requirements:
[Amended 10-5-2023 by Ord. No. 14-2023]
(1)
The minimum lot area for the zone district in which the use
is located shall be met; provided, however, that no lot shall contain
less than two acres.
(2)
All yard and setback requirements of the zone district shall
be met; provided, however, that no yard shall be less than the height
of the facility nor shall any facility be located within 100 feet
of a residential zone boundary line.
(3)
Adequate off-street parking shall be provided. Parking areas
and driveways shall meet parking setback requirements of the zone
district.
(4)
Fencing or screening shall be provided as required by the Planning
Board.
(5)
Building design shall be consistent with the character of the
neighborhood in which the use is to be located.
(6)
All applicable provisions of Article 5 of this chapter relating
to site plan approval shall be complied with.
(7)
This section shall not apply to any use or building expressly
or by implication permitted by right in any zone.
D.
Child-care centers. The Planning Board, after a public hearing, may
authorize, as a conditional use, a child-care center subject to the
following conditions and limitations:
(1)
Where permitted. A child-care center is permitted as a secondary
use in conjunction with an institutional use in the R-2 and R-3 Zones.
(2)
Minimum lot size. Unless a greater area is permitted as a secondary
use in conjunction with an institutional use in the R-2 and R-3 Zones.
(3)
Road access. A property containing a child-care center shall
front on and have access to an arterial or collector street as shown
on the Master Plan. There shall be a minimum distance of 1,000 feet
between properties containing child-care centers located on the same
arterial or collector street.
(4)
Time of operation. Child-care centers shall be limited to daytime
operations between the hours of 7:00 a.m. and 7:00 p.m.
(5)
Setbacks. Any building containing a child-care center shall
meet the yard requirements of the zone district, provided that no
such building shall be located within 35 feet of a residential property.
(6)
Outdoor play areas. Outdoor play areas shall be located in side
and rear yards only, shall be enclosed by a fence and shall be located
at least 35 feet from a residential property line and at least 20
feet from a nonresidential property line.
(7)
Parking. Off-street parking shall be provided in accordance
with Schedule E.[2] Parking areas shall be located in side and rear yards
only and shall be at least 20 feet from a property line. Pickup and
delivery of children shall take place on the site with safe means
of ingress and egress as approved by the Planning Board.
[2]
Editor's Note: The Schedule is included as an attachment to this chapter.
(8)
Screening. All parking areas and play areas that adjoin residential
properties shall be effectively screened by appropriate landscaping
as approved by the Planning Board.
(9)
Other conditions. Any child-care center shall be subject to
site plan approval by the Planning Board in accordance with Article
5. Unless waived by the Planning Board pursuant to N.J.S.A. 40:55D-51,
a traffic study, performed by a professional traffic expert, shall
accompany any conditional use application for child-care center.
E.
Wireless telecommunications antennas and facilities. Wireless telecommunications
antennas and facilities are permitted only in such zones and locations
identified below and only upon a showing that all applicable requirements
are satisfied as follows:
[Added 10-21-2004 by Ord.
No. 18-2004]
(1)
Permitted location; type of structure. Freestanding wireless
telecommunications antennas and facilities are permitted in the I,
L-1 and L-2 Zones and on public properties in all zones under conditions
set forth below. Wireless communications antennas, when mounted on
the roofs of certain buildings and on other utility structures, as
set forth below, are also permitted in all zones under conditions
set forth below.
(2)
Proof of need and minimum impact. The applicant shall be required
to demonstrate that the development is the minimal necessary to provide
adequate communications as may be authorized by the Federal Communications
Commission. Included as part of this requirement, the applicant shall
demonstrate at least, but not necessarily limited to, the following:
(2.1)
That the technology proposed is the least visually intrusive
of various suitable technologies;
(2.2)
That the height of the antennas is the minimum necessary;
(2.3)
That collocation of the antenna on other existing antenna structures,
or that location at a less visible location, or that the use of micro-cells,
providing more numerous antennas at lower heights, either within or
outside the Borough of Morris Plains, is either not practical in order
to provide adequate communication or that the visual impact to the
community from the proposed site is less than would exist at such
alternative locations; and
(2.4)
That the use of digital technology for other existing and pending
antennas in the area would not eliminate the need for the proposed
antenna.
(3)
Requirements for freestanding antennas. Freestanding antennas
shall be subject to certain locations and height limitations as follows:
(3.1)
The height of any freestanding wireless telecommunications antenna,
including any supporting mast, monopole, tower or other supporting
structure, shall not exceed 125 feet.
(3.2)
Any such antennas shall be located in a side or rear yard only
and to the rear of any existing principal building.
(3.3)
Any such antenna, supporting mast, monopole, tower or other
supporting structures, and equipment compound areas shall be set back
a minimum of 250 feet, or two times the height of the structure, whichever
is greater, to any residentially zoned property line.
(3.4)
Freestanding antennas, including any related equipment buildings
and structures, shall be enclosed by fencing of six feet in height
which provides adequate screening of equipment area.
(4)
Antennas on roofs of nonresidential buildings. A wireless telecommunications
antenna may be located on the roof of a nonresidential building, provided
the antenna, including its supporting structure, shall not exceed
a height of 12 feet above the roof surface to which it is attached,
nor shall the building, including the antenna and its supporting structure,
exceed the height limit of the I and L-2 Zones by more than 25%, and
not more than 10% in the L-1 Zone. All roof-top-mounted antennas and
equipment shall be located and screened from ground locations so as
to limit visibility. Where antennas are located on the face of a wall
or building facade, antennas shall be painted to match the existing
background color.
(5)
Antennas mounted on other utility structures. Wireless telecommunications
antennas may be located on water tanks and water towers and on other
types of communication towers and structures not otherwise prohibited
by law or ordinance. In such instances, the tank, tower or other structure
shall serve as the supporting structure for the wireless telecommunications
antennas. No such antennas shall extend above the height of said tank,
tower or structure by more than six feet.
(6)
Mitigation of visual impact. The base of any antenna support
structure and any related structures and equipment shall be screened
from the street and adjacent properties in a manner acceptable to
the Planning Board. If deemed necessary by the Board to mitigate the
visual impact of the antenna and related structures and equipment,
the color, materials and design of the entire antenna and related
structures and equipment shall be required to be modified in appearance
so as to blend in with the surrounding environment, as determined
by the Board to be appropriate in the particular situation. The foregoing
may include, but shall not necessarily be limited to, such modifications
as special paint treatment, concealment through such architectural
means as a bell tower, steeple, flagpoles, etc., or the use of camouflage
through simulated foliage so as to appear as a tree.
(7)
May be additional principal use on lot. Notwithstanding any
provisions of this chapter to the contrary, a wireless telecommunications
antenna or antennas are permitted on the same lot as any other permitted
principal use or structure; provided, however, that no wireless telecommunications
antenna and facility shall be permitted on the same lot as any residential
structure.
(8)
Design for future collocation. Any proposed wireless telecommunications
antenna and related structures shall be designed structurally, electrically
and in all respects to accommodate both the applicant's antennas and
comparable antennas for at least two additional users if the antenna
is 80 feet or more in height, or for at least one additional user
if the antenna is 60 feet or more in height. The antennas and related
structures shall be designed for future rearrangement of antennas
and to accept antennas mounted at varying heights. If the foregoing
design for collocation requires additional antenna height beyond that
necessary for a single-user installation, or beyond that permitted
above, the Board, in determining the acceptable design, shall balance
the benefits and probability of collocation against any detriments
resulting from such additional antenna height.
The foregoing requirement shall also include a letter of commitment
by the applicant, submitted prior to any approval by the Board, to
lease excess space on the facility to other potential users at reasonable
rental rates and on reasonable terms. The letter shall commit the
owner of the antenna and related structures and equipment, as well
as any successors in interest. In addition, at the time of application,
the property owner shall provide a similar letter confirming a commitment
to lease ground space to additional users.
(9)
Compliance with radiation emission standards. The applicant
shall demonstrate that the proposed antenna and related structures
and equipment complies with all applicable state and federal regulations
of electromagnetic radiation levels. Thereafter, at least every two
years after issuance of the initial certificate of occupancy, the
applicant shall demonstrate that the antenna and related structures
and equipment continues to comply with such applicable regulations.
(10)
Abandonment; removal. All wireless telecommunications antennas
and related structures and equipment shall be removed when same are
unused or abandoned. Such removal shall occur within six months of
such lack of use or abandonment. A copy of the relevant portions of
a signed lease which requires the removal of the antenna and related
structures shall be provided as part of any approval granted. In the
event the antennas and equipment are not removed as required, such
structures and equipment may be removed by the Borough of Morris Plains
and the costs of same shall be assessed against the property.
[Amended 8-18-2022 by Ord. No. 9-2022]
Hotels and other specified uses listed below are permitted in
portions of the B-3 Zone as designated for such use on the Zoning
Map, provided all of the following requirements are met:
A.
Permitted uses. Uses permitted under this section are limited to
the following:
[Amended 10-5-2023 by Ord. No. 14-2023]
B.
Minimum lot area. Each lot shall have a minimum area of 7.5 acres.
C.
Frontage. Each lot shall front on and be capable of being served
from State Highway Route 10.
D.
Setback. No building shall be located within 150 feet of a street
nor within 100 feet of a property line.
E.
Height. No building shall exceed a height of 35 feet; provided, however,
that no building shall exceed a height of 40 feet measured from any
point at grade along the foundation. Elevator enclosures, water towers,
air conditioning units and similar mechanical equipment and roof appurtenances
may extend above the height limit by not more than 10 feet, provided
they occupy an aggregate of not more than 10% of the surface area
of the roof. All such equipment and appurtenances shall be screened
or otherwise enclosed in such a manner as to aesthetically coordinate
with the overall appearance of the building.
F.
Minimum floor area. The total floor area constructed on the site
shall not be less than 75,000 square feet.
G.
Maximum building coverage. The total ground floor area of all buildings
shall not exceed 15% of the total lot area.
H.
Maximum impervious coverage. The total ground floor area of all buildings
and the total area of all paved surfaces combined shall not exceed
65% of the total lot area.
I.
Minimum distance between buildings. There shall be a minimum distance
between buildings of 100 feet.
J.
Parking. Off-street parking shall be provided in accordance with Section 13-5.7. No off-street parking area or access drive or aisle shall be closer than 25 feet to any property line, or closer than 75 feet to any street right-of-way.
L.
Landscaping. All portions of all front, rear and side yards that
are not used for off-street parking shall be attractively planted
with trees, shrubs, plants and grass lawns as required by the Planning
Board. Special plan fence shall be provided along the front, side
and rear property lines as required by the Planning Board so that
the parking area is not visible from the abutting streets and properties.
M.
Storage. All materials and equipment shall be stored in completely
enclosed buildings, or shall be otherwise screened by such walls,
fences and landscaping as may from time to time be determined by the
Planning Board to be adequate to appropriately screen such material
and equipment from the abutting residential properties.
N.
Performance standards. All requirements of Section 13-5.2A(24) shall
be complied with.
[Added 8-18-2022 by Ord.
No. 9-2022]
A.
Permitted uses. Uses permitted under this section are limited to
the following:
(1)
Bar/tavern.
(2)
Child-care center.
(3)
Craft distillery.
(4)
Finance, insurance, and real estate office.
(5)
Gas station with convenience store with frontage on Route 10.
(6)
Health or fitness center.
(7)
Indoor commercial recreation facility.
(8)
Instructional schools and studio.
(9)
Medical office.
(10)
Microbrewery.
(11)
Office.
(12)
Restaurant.
(13)
Restaurant, drive-in.
(14)
Restaurant, drive-through.
(15)
Retail food establishments.
(16)
Retail service.
(17)
Retail store.
(18)
Self-storage facility.
(19)
Supermarket.
(20)
Urgent medical care facility.
B.
Conditional uses. Conditional uses permitted under this section are
limited to the following:
C.
Accessory uses. Accessory uses permitted under this section are limited
to the following:
(1)
Drive-through windows, provided the Planning Board determines
that there is adequate stacking for vehicles.
(2)
Electric vehicle supply/service equipment (EVSE).
(3)
Fences and/or decorative walls.
(4)
Off-street parking and loading facilities.
(5)
Outdoor amenities such as outdoor dining areas, plazas and planters.
(6)
Outdoor workout/fitness area.
(7)
Permanent mounted generators.
(8)
Signage.
(9)
Any other use which is subordinate and customarily incidental
to a permitted principal use.
D.
Site plan applications. Application shall be made initially for preliminary
site plan approval for an entire L-2 Mixed-Use Commercial Use Overlay
Zone tract, or simultaneously, for preliminary site plan approval
for an entire L-2 Mixed-Use Commercial Use Overlay Zone tract and
final site plan approval for a portion or portions of the tract.
E.
Minimum tract size; future subdivision. Minimum tract size and future
subdivision shall be limited to the following:
(1)
The minimum tract area shall be 20 acres, which may include
multiple tax lots. If multiple tax lots are assembled to meet the
minimum tract size requirement, the lots shall be merged and consolidated
into a single lot if the application is only for preliminary or preliminary
and final site plan approval. If the application is for preliminary
and/or final site plan approval and simultaneously for subdivision
approval under the standards set forth below, the lots shall not be
required to be merged or consolidated but will be resubdivided as
part of the application in accordance with the standards set forth
below.
(2)
If the application is for preliminary and/or final site plan
approval and simultaneously for subdivision approval under the standards
set forth below, the provisions of this section regarding minimum
tract size and maximum floor area ratio for the L-2 Mixed-Use Commercial
Use Overlay Zone tract shall not apply to subdivided lots created
from the tract; provided, however, that minimum tract size and maximum
floor area ratio shall continue to apply to the entire tract, together
with setback requirements from public roads, internal roads and internal
lot lines. Any subdivision of the tract shall conform to the following
standards:
(2.1)
No building may be located on more than one lot.
(2.2)
Internal lots are to be provided with appropriate
cross-easements for access, parking and utility purposes among the
various lots simultaneously with the perfection of the subdivision
and the filing of the subdivision plats, in a form reasonably acceptable
to the Planning Board attorney, and shall be recorded against the
L-2 Mixed-Use Commercial Use Overlay Zone tract providing for the
construction, maintenance, access and use of all shared facilities
by the owners of each of the subdivided lots, as appropriate. There
shall be a single entity that will be solely responsible for the operation,
maintenance, upkeep, improvement, repair and replacement of all areas
affected by the cross easements for access, parking and utility purposes
in order to ensure uniform and consistent operation, maintenance,
upkeep, improvement, repair and replacement for said areas affected
by the referenced cross easements.
(2.3)
The minimum principal building setback to an
internal lot line shall be 25 feet. This requirement shall not apply
to the helipad or accessory structures.
(2.4)
Parking spaces, parking aisles, sidewalks and
driveways may extend across internal lot lines and shall have no setback
requirements to such internal lot lines.
(2.5)
Internal lots are not required to front on a
public street.
(2.6)
There shall be at least one principal building
on each subdivided lot created from the tract. There may be more than
one principal building on any subdivided lot created from the tract;
provided, however, that there shall be no more than an aggregate of
seven subdivided lots created from the tract and no more than an aggregate
of eight principal buildings constructed on the tract inclusive of
existing buildings on the tract.
F.
Floor area ratio. The maximum floor area ratio for the tract shall
be 0.40. Canopies over gas pumps shall not be included in the calculation
of floor area ratio.
G.
Maximum building height.
(1)
The maximum building height as defined in Section 13-2.1 shall be three stories or 45 feet. However, no multistory building shall be located within 65 feet of Johnson Road.
(1.1)
Mechanical equipment may extend above the maximum
building height by not more than 15 feet; shall not occupy more than
20% of the surface area of the roof; and shall be stepped back at
least 10 feet from the roof edge.
(1.2)
Building height shall not include parapet walls,
provided that the parapet walls do not exceed a height of four feet
over the maximum building height.
H.
Minimum and maximum square footage of buildings. Buildings shall
be a minimum of 2,000 square feet but no building shall exceed 200,000
square feet in size.
I.
Setbacks.
(1)
Minimum setback from the Route 10 right-of-way.
(1.1)
The minimum setback of any building from the
Route 10 right-of-way shall be 60 feet exclusive of gas station canopies.
(1.2)
The minimum setback of any parking area or interior
roadway from the Route 10 right-of-way shall be 20 feet.
(1.3)
The minimum setback of any canopy over gas pumps
shall be 30 feet.
(2)
Minimum setback from the Johnson Road right-of-way.
(2.1)
The minimum setback of any one-story building
from the Johnson Road right-of-way shall be 40 feet.
(2.2)
The minimum setback of any multistory building
from the Johnson Road right-of-way shall be 65 feet.
(2.3)
The minimum setback of any parking area or interior
roadway from the Johnson Road right-of-way shall be 15 feet.
(3)
Minimum setback from abutting commercial properties.
(3.1)
Setbacks do not apply to internal lot lines within
the overall development tract.
(3.2)
The minimum setback of any building from any
lot line shared with a commercially zoned property shall be 30 feet.
(3.3)
The minimum setback of any parking area or interior
roadway from any lot line shared with a commercially zoned property
shall be five feet.
(4)
Minimum setback from abutting residential properties.
(5)
Principal building or principal use in building setback area.
No principal building or principal use shall be permitted in the building
setback area.
(6)
Minimum setbacks between buildings. The minimum setback of any
building to another building in the overlay district shall be 70 feet.
This does not include separation between a canopy and a building.
(7)
Maximum setbacks related to gas stations with convenience stores.
The maximum setback of the front facade of any convenience store from
the Route 10 right-of-way shall be 250 feet. The maximum setback of
any portion of the canopy from the Route 10 right-of-way shall be
150 feet.
J.
Development standards in the L-2 Mixed-Use Commercial Use Overlay
Zone. The intent of these regulations is to encourage creative and
innovative design and provide flexibility in terms of how proposed
buildings shall visually relate to each other as well as the general
landscape and streetscape. As such, the following development standards
shall apply:
(1)
Multiple principal buildings on a lot. If the minimum tract
area is developed as a single lot, multiple principal buildings on
the single lot shall be permitted, and there shall be no minimum lot
area, depth, width or yard requirements or maximum floor area ratio
governing development other than as established herein.
(2)
Sidewalks.
(2.1)
Sidewalks shall be provided along all frontages
on Route 10, Route 202, and Johnson Road, unless the applicant demonstrates
to the satisfaction of the approving entity that an alternative pedestrian
system provides safe and convenient circulation.
(2.2)
Sidewalks shall be provided within parking areas
and in front of individual buildings to create pedestrian connections
between these areas as well as to provide connections to sidewalks
on Johnson Road, Route 202 and Route 10.
(2.3)
All sidewalks shall have a minimum width of five
feet.
(3)
Vehicular access points.
(3.1)
One vehicular access driveway is permitted along
Route 10.
(3.2)
Two vehicular access driveways are permitted
along Johnson Road.
(3.3)
The existing shared access driveway on Route
202 which is located off-tract will remain and be incorporated into
the proposed development of the subject tract.
(4)
Street/driveway design. All streets and driveways shall comply with the Borough standards as set forth in Section 13-4.14 of the Borough Ordinance.
(5)
Electric vehicle charging stations. Electric vehicle charging
stations shall be provided throughout the overlay zone in accordance
with P.L. 2021, c. 171.
(6)
Permanent mounted generators for any gas station with convenience
store. Permanent mounted generators with adequate capacity shall be
provided for any gas station with convenience store.
K.
Building design standards in the L-2 Mixed-Use Commercial Use Overlay
Zone.
(1)
Building articulation and massing.
(1.1)
The base of all buildings should be highlighted
with a contrasting material, texture or color that is heavier in appearance
than the main facade cladding, such as a stone base below a brick
facade. The base may also project outwards from the building by at
least several inches. The top of the base cladding may also be capped
with a sill or water table or other dimensional transition. Low planters
and base planting may be placed around the base for further emphasis.
(1.2)
The top of buildings encompasses the roof and/or
roofline. Using features such as distinct and multiple architectural
roof forms, clearly pronounced eaves, and distinct parapet designs
and cornice treatments may achieve a well-defined building top. Building
roof mass may also be broken up by towers, steeples, gables, shed
dormers, and similar elements.
(1.3)
A change in plane and variation in materials
and/or detailing should be provided for any windowless wall area in
excess of 40 feet in length.
(1.4)
These standards would not apply to the existing
office building located at 225 Littleton Road and any expansion(s)
of this office building.
(2)
Building transparency.
(2.1)
Pedestrian building entries should be clearly
visible and highlighted within the front facade through projections,
recessions, material changes, canopies, overhangs and/or lighting,
not merely punched into the facade.
(2.2)
Retail storefront glass windows shall be transparent,
nontinted glazing.
(2.3)
Drive-through window elements should be architecturally
integrated into the building, rather than appearing to be applied
or "stuck on" to the building.
(3)
Building materials.
(3.1)
The selected building materials should also incorporate
variations in color, textures and/or patterns to be employed to create
further distinctions.
(3.2)
The level of materials, detailing and articulation
should form a coherent design theme. Materials should be extended
around corners and extensions in order to avoid a "pasted on" appearance.
(4)
Screening of mechanical equipment.
(4.1)
All roof-mounted and ground-mounted mechanical
equipment (e.g., air conditioning, heating, ventilation ducts and
exhaust vents, elevator overruns, transformers and generators, and
similar equipment, but excluding solar collectors and related equipment)
shall be screened.
(4.2)
Screening should be compatible with the architectural
style, materials, and color of the building.
(5)
Screening of trash and recycling containers. Outdoor trash and
recycling containers shall be screened from view by means of a masonry
enclosure compatible with the architectural style, materials, and
color of the building to which it is associated and landscaping as
approved by the Planning Board.
L.
Signage standards in the L-2 Mixed-Use Commercial Use Overlay Zone. In addition to the requirements below, signage shall conform to the general sign provisions of Section 13-5.8A.
(1)
Freestanding signs.
(1.1)
One freestanding sign shall be permitted at the
proposed access drive from the Route 10 right-of-way.
(1.2)
One freestanding sign shall be permitted at the
existing access drive from Route 202 ("Littleton Road") right-of-way
within the existing sign easement area on an adjacent, contiguous
lot, currently designated as Lot 46, Block 171.
(1.3)
Freestanding signs shall not exceed 200 square
feet in size.
(1.4)
Freestanding signs shall not exceed 25 feet in
height fronting Route 10 right-of-way or 20 feet in height fronting
Route 202 right-of-way.
(1.5)
Freestanding signs shall be set back a minimum
of five feet from Route 10 right-of-way and a minimum of 10 feet from
Route 202 right-of-way.
(1.6)
Exposed light-emitting diode (LED) lighting is
not permitted on freestanding signs except for displaying gas prices.
(1.7)
Light-emitting diode (LED) lighting is permitted
for internally illuminated signs or backlighting of individual letters
comprising a sign legend all where it is not directly visible to motorists.
(2)
Monument signs.
(2.1)
One monument shall be permitted at each driveway
entrance from Route 10 and Johnson Road.
(2.2)
Monument signs shall not exceed 125 square feet
or 15 feet in height except any monument sign fronting Johnson Road
and within 200 feet of Block 171 Lot 1 shall be no greater than 75
square feet in size and 12 feet in height.
(2.3)
A monument sign fronting on Route 10 displaying
gas prices for an associated fueling station may utilize light-emitting
diode (LED) lighting for the gas price display. Such LED lighting
shall not move, blink or flash and shall be turned off when the gas
station is closed. No exposed LED lighting is permitted on monument
signs fronting on Johnson Road or Route 202.
(2.4)
Light-emitting diode (LED) lighting is permitted
for internally illuminated signs or backlighting of individual letters
comprising a sign legend all where it is not directly visible to motorists.
(3)
Wall signs.
(3.1)
Each tenant may have one wall sign per facade
that faces a driveway, parking area or external roadway, not to exceed
two wall signs per building per tenant. However, no wall sign shall
be located on a facade facing an abutting residentially zoned lot
if said facade is within 150 feet of the lot line shared with the
residential zone.
(3.2)
The total area of a single wall sign shall not
exceed 2.5% of the area of the facade to which it is affixed or 100
square feet, whichever is less.
(3.3)
The total area of all wall signs on any one facade
shall not exceed 5% of the area of the facade to which the signs are
affixed or 150 square feet, whichever is less.
(3.4)
Wall signage shall not exceed a maximum sign
height of 10 feet.
(3.5)
Wall signs shall be placed a minimum of eight
feet above finished grade of the facade to which it is affixed.
(3.6)
The sign shall not extend above the facade of
the building, which includes the parapet.
(3.7)
The sign shall not extend further than 12 inches
from the facade.
(3.8)
The location of signs shall be limited to the
first story facade on buildings containing more than one story, except
for office buildings.
(3.9)
Wall-mounted signs may be individual channel-cut
letters with internal LED illumination, or through LED backlighting
of letters.
(4)
Canopy signs.
(4.1)
For the gas station and convenience store, two
canopy signs and logos shall be permitted.
(4.2)
Canopy signs shall not face interior roadways
but may face exterior roadways.
(4.3)
A canopy sign and logo together shall not exceed
one square foot per foot of length of such canopy to which the sign
is attached or a total area of 25 square feet, whichever is less.
(4.4)
Canopy signs shall not extend beyond the ends
or extremities of the canopy to which they are attached.
(5)
Preordering and ordering menu board signs.
(5.1)
One preordering menu board sign which does not
advertise the name of the business is permitted for each drive-through
lane associated with a drive-through restaurant.
(5.2)
One ordering menu board sign which does not advertise
the name of the business is permitted for each drive-through lane
associated with a drive-through restaurant.
(5.3)
The maximum sign area of an ordering menu board
sign shall not exceed 30 square feet.
(5.4)
The maximum sign area for a preordering menu
board sign shall not exceed 20 square feet.
(5.5)
The maximum height for each preordering menu
board and ordering menu board sign shall not exceed six-feet.
(5.6)
Preordering and ordering menu board signs may
be digital LED signs or illuminated box signs.
(6)
Directional signs in off-street parking areas.
(6.1)
Entrance, exit, identification, directional and
conditions-of-use signs are permitted in conjunction with off-street
parking facilities and are not to exceed six square feet in size.
(6.2)
No directional sign shall be so located that
it will interfere with the safe operation of vehicles within the off-street
parking facility or while entering or leaving the facility.
M.
Off-street parking and loading requirements.
(1)
Off-street parking. Off-street shall be provided as follows:
(1.1)
Finance, insurance, and real estate offices.
One parking space shall be provided per 200 square feet of gross floor
area.
(1.2)
Child-care centers. One parking space shall be
provided per 250 square feet of gross floor area or as permissible
under the Municipal Land Use Law.
(1.3)
Gas station with convenience store. One parking
space shall be provided per 200 square feet of gross floor area of
the convenience store.
(1.4)
Instructional schools and studios, indoor commercial
recreation, and health or fitness centers. One parking space shall
be provided per 200 square feet of gross floor area.
(1.5)
Medical office. One parking space shall be provided
per 250 square feet of gross floor area.
(1.6)
Office. Parking shall be provided according to
the following schedule:
(a)
Less than 10,000 square feet gross floor area:
one for each 150 square feet gross floor area.
(b)
10,000 to 24,999 square feet gross floor area:
one for each 200 square feet gross floor area.
(c)
25,000 to 74,999 square feet gross floor area:
one for each 250 square feet gross floor area.
(d)
75,000 to 99,999 square feet gross floor area:
one for each 350 square feet gross floor area.
(e)
100,000 to 299,999 square feet gross floor area:
one for each 400 square feet gross floor area.
(f)
300,000 square feet gross floor area or more: one
for each 450 square feet gross floor area.
(1.7)
Restaurants and restaurants, drive-through. One parking space shall
be provided per 2.5 seats within the building or one parking space
for every 75 square feet of gross floor area, whichever is greater.
Outdoor seating is excluded from calculating parking requirements.
(1.8)
Retail food establishments. One parking space shall be provided per
200 square feet of gross floor area.
(1.9)
Retail service and retail store. One parking space shall be provided
per 200 square feet of gross floor area.
(1.10)
Self-storage facilities. One parking space for each 4,000 square
feet of gross floor area plus two additional spaces for the manager/administrative
offices.
(1.11)
Supermarket. One parking space shall be provided per 200 square
feet of gross floor area.
(1.12)
Urgent care center. One parking space shall be provided per
200 square feet of gross floor area.
(2)
Shared parking. Shared parking is permitted and encouraged as
a means to reduce the total parking supply that would otherwise be
required based on the above parking ratios as calculated as a summation
of the individual uses. If a shared parking approach is followed,
the developer shall provide a shared parking study for review and
approval by the Planning Board. If shared parking is followed, the
developer shall submit a shared parking study employing the methodologies
established by the Urban Land Institute or other commonly accepted
source which demonstrates that: (1) the particular combination of
uses and the peak periods of demand for parking and/or loading spaces,
as applicable, are such that a lesser number of spaces are necessary
to meet the total parking and/or loading needs for the development
at all times; and (2) parking shall be located to be reasonably convenient,
safe and suitable for the various uses, buildings and/or lots involved
in the shared parking program.
(3)
Required loading. A minimum of one loading space shall be provided
for each building with a gross floor area of 10,000 square feet or
more or gas station with convenience store.
N.
Landscaping, buffer areas and fencing.
(1)
All areas not devoted to principal, conditional or accessory
uses shall be landscaped as deemed appropriate by the Planning Board.
Specifically:
(1.1)
Landscaping and/or buffer areas shall be required
in setback areas not devoted to permitted principal, conditional or
accessory uses along Route 10 and Johnson Road, maintaining appropriate
sight triangles as required by the agency having jurisdiction.
(1.2)
Landscaping, fencing and/or buffer areas shall
be required along all property lines of adjacent uses as approved
by the Planning Board.
O.
Outdoor lighting requirements.
(1)
Site lighting shall be in compliance with Section 13-4.14C(2)(2.2)(g)
except as noted below.
(2)
Site lighting and street lighting shall incorporate decorative
fixtures and poles within pedestrian areas, along interior driveways
and, as appropriate, along public streets. Standard fixtures and pole
details shall be permitted within interior portions of parking fields
and areas that area removed from public visibility.
(3)
Driveways, parking areas, loading areas and walkways shall provide
adequate lighting with fixtures not exceeding an overall height of
25 feet above grade in the case of streets, driveways and parking
areas and 15 feet in the case of walkways and other pedestrian areas,
except that any lighting fixtures located within 75 feet of the southern
property shall not exceed an overall height of 15 feet. Such fixtures
shall minimize adverse visual impacts, such as glare and overhead
sky glow, on adjacent properties and on any public right-of-way. Light
cutoff shields shall be provided where fixtures abut a residential
use and in other locations as directed by the Planning Board Engineer.
(4)
Use of low wattage metal halide, color-corrected sodium or light-emitting
diode (LED) light sources is required. Non-color-corrected low-pressure
sodium and mercury vapor light sources are prohibited.
(5)
Building facade lights shall be incorporated into the overall
lighting plan design; all fixtures shall be of compatible design and
detail with site and streetlights.
(6)
Lighting levels at exterior tract boundary lines shall not exceed
0.5 footcandles, except where driveways/streets intersect with a public
street and where lighting levels along external roadways must meet
NJDOT criteria. Lighting levels at exterior tract boundary lines abutting
residential zones shall not exceed 0.1 footcandles.
(7)
Strings of lights would be permitted in outdoor dining and/or
plaza areas within of 700 feet of Route 10 which shall be extinguished
at the close of the business.
P.
Utility and drainage improvements.
(1)
All buildings shall be served by public water and public sanitary
sewerage systems.
(2)
All utility improvements shall be located underground. This
excludes water meter/valve enclosures ("hot box"), transformers and
other utility boxes as may be required by the various utility companies.
Any such structures shall be:
(3)
All utility improvements, including, but not necessarily limited
to, storm drainage collection and conveyance systems, stormwater management
systems/facilities, sanitary sewerage collection and disposal systems,
water supply, gas, electric, telephone and cable television utilities
shall be subject to review and approval by the Planning Board in accordance
with the standards and procedures established in the Borough ordinances,
the New Jersey Department of Environmental Protection, and appropriate
county and other state agencies and utility companies having jurisdiction
where applicable.
Q.
Emergency facilities. Any development shall be suitably designed
to facilitate emergency access by police, fire and first-aid service
vehicles and personnel.
R.
Accessibility for the handicapped. Any development shall be designed
in accordance with the applicable standards for accessibility and/or
occupancy by handicapped persons promulgated by the federal government
and/or the State of New Jersey or through their respective departments
or agencies having jurisdiction in such matters.
Townhouse developments in the R-4 Zone shall comply with all
the following standards and requirements:
A.
Minimum tract size. The minimum tract of land to be developed on
a comprehensively designed residential neighborhood basis in the R-4
Residential Zone shall be at least 15 acres.
B.
Gross residential density. The gross residential density within any
designed residential neighborhood development in the R-4 Residential
Zone shall not exceed five dwelling units per gross acre.
C.
Setbacks on existing roads. A minimum setback distance or front yard
of 50 feet shall be provided on all existing Borough, county or state
roads.
D.
Boundary line setback. No building or structure shall be erected
closer than 50 feet to the zone boundary line within the R-4 Zone
and a buffer area of at least 25 feet in width shall be maintained
along said zone boundary. This buffer area shall be kept in its natural
state where wooded and when natural vegetation is sparse or nonexistent,
the Planning Board may require the provision of a natural vision screen.
Within the buffer area, no principal or accessory structure, nor any
off-street parking or loading areas or other uses shall be permitted.
Utility easements and streets may be permitted by the Planning Board
within the buffer area to insure continuity of development with adjoining
properties. Said buffer area may be included for purposes of computing
required open space within the R-4 Zone. The buffer area may be reduced
or eliminated by the Planning Board where the development within the
R-4 Zone is consistent or compatible with adjoining uses.
E.
Street setback on interior roads. No building or structure shall
be erected within 25 feet of the right-of-way of any interior public
or private street or road.
F.
Street access. Every single-family detached dwelling shall have access
to a street or court dedicated to public use or subject to an easement
for access. The boundaries and extent of the lot upon which any single-family
detached dwelling is located shall be clearly defined and monumented
pursuant to Land Development Ordinance procedure.
G.
Streets. The right-of-way and pavement widths of interior roads serving
developments in the R-4 Zone shall be determined from sound planning
and engineering standards in conformity to the estimated needs of
the full development proposed and the traffic to be generated thereby
and shall be adequate and sufficient in size, location and design
to accommodate the maximum traffic needs, including access for fire
fighting, police and other emergency vehicles. All streets shall conform
to the requirements of the Residential, Site Improvements Standards.
H.
Distance between structures. No single-family detached dwelling,
no addition to any single-family detached dwelling and no other structure
shall be erected closer than 30 feet to any single-family detached
dwelling. No townhouse structure, apartment structure, attached dwelling,
no additions thereto nor any structures accessory thereto shall be
erected closer than twice the height of such structures to the wall
in another such structure which has window openings for living or
sleeping rooms, except that in no event shall the distance between
such structures be less than 40 feet.
I.
Townhouse structures. A townhouse dwelling structure shall contain
not more than eight townhouse dwelling units; provided, however, that
the average for the entire townhouse development shall not exceed
six units per structure. No townhouse dwelling structure shall have
more than three continuous attached townhouse dwelling units with
the same setback, and variations in setback shall be at least four
feet. Variations shall also be achieved by the type of roof, including
the height of eaves and peaks and by architectural treatment of the
building facade. Building plans and elevations shall accompany the
application and shall show a variation in design of units and structures
sufficient to satisfy the intent of this provision.
J.
Location of units within building. No dwelling unit or portion thereof
shall be located in the basement or attic of any structure.
K.
Rooms. Each dwelling unit shall contain as a minimum a separate bedroom,
a separate living room, a separate bath and a separate kitchen, which
kitchen facility shall be located separate and apart from the other
rooms in the dwelling unit.
L.
Ventilation. Each dwelling unit shall be designed to provide not
less than two exterior exposures with windows so as to provide either
through ventilation or cross ventilation for each dwelling unit.
M.
Storage. Within each structure a storage space of not less than 1,000
cubic feet, exclusive of the living area or garage space, shall be
provided for each dwelling unit. Said storage space shall be in addition
to the normal closet space provided within the dwelling unit.
N.
Laundry facilities. Each dwelling unit shall contain a separate clothes
washer and dryer.
O.
Garbage and trash disposal. Each dwelling unit shall be provided
with adequate garbage and trash disposal facilities which shall be
placed within the confines of a building enclosed on all sides. Garbage
and trash disposal receptacles may be permitted to be buried in the
ground outside the confines of a building in such a manner that receptacles
are easily removable, provided the covers for such receptacles are
flush with the surface of the ground.
P.
Air conditioning units. No air conditioning unit shall project more
than six inches from the face of the wall of an apartment structure
to which it is attached.
Q.
Television antenna. All television antenna equipment shall be built
into the structure to preclude the need for individual roof-mounted
antennas, provided this shall not be construed to exclude a common
antenna tower if it meets all the ordinance requirements of the Borough.
R.
Minimum floor area. Each dwelling unit shall meet the following minimum
floor requirements:
One bedroom
|
800 square feet
|
Two bedrooms
|
1,000 square feet
|
Three bedrooms
|
1,200 square feet
|
S.
Height. No building shall exceed a maximum of 2 1/2 stories
or 35 feet in height, whichever is less.
T.
Number of bedrooms. The maximum number of bedrooms in any designed
residential neighborhood development in the R-4 Zone shall not exceed
11 bedrooms per gross acre.
U.
Construction. All buildings shall be constructed in accordance with
the Building Code and in addition:
(1)
The Building Inspector shall verify that the following soundproof
fire wall/floor/ceiling specifications are met. Between dwelling units
on the same floor level, the soundproof fire wall shall have a sound
transmission classification (STC) of not less than 52 based on the
American Society of Testing Materials (ASTM) recommended practice
No. E-90-66T. Between dwelling units on different floor levels, a
fireproof floor/ceiling shall also have a STC of not less than 52
as for walls above, as well as an Impact Noise Rating of "O" as specified
in I.S.O. recommendation R-140 (Field and Laboratory Measurements
of Airborn and Impact Sound Transmission - First Edition, January
1960) for measuring impact transmission with a standard tapping machine.
(2)
The exterior of all accessory structures shall be in harmony
architecturally with and be constructed of materials of a like character
to those used in the principal structures.
V.
Utilities and services. The developer shall furnish as a condition
precedent to action by the Planning Board, an acceptable public water
supply and sanitary sewer facilities based upon written agreements
and written approval of appropriate Borough and state authorities.
The developer shall provide for all necessary storm drainage facilities,
road access, paved service streets, off-street parking facilities
and lighting, making reasonable provision for service connections
with adjoining properties in other ownership.
W.
Off-street parking requirements. Within any development in the R-4
Zone, there shall be provided conveniently located off-street parking
facilities for all buildings and uses. All off-street parking areas
shall be designed and constructed in accordance with applicable provisions
of the Residential Site Improvement Standards (RSIS).
X.
Lighting. Reasonable yard lighting as approved by the Planning Board
shall be provided to illuminate the, premises at night. The wiring
shall be laid underground and the lighting fixtures so arranged that
the direct source of light is not visible from any adjojning area.
Y.
Common open space requirements. At least 35% of the total land area
of a development for townhouses, apartments or attached units within
the R-4 Zone shall be devoted to common open space as herein defined.
Said open space may be developed with active and passive recreational
facilities or may remain undeveloped. These common open spaces, where
not developed as provided herein, shall be kept in their natural state
where wooded, and where natural vegetation is sparse or nonexistent,
the Planning Board may require the provision for reasonable landscaping
of these areas.
Z.
Recreation. At least 10% of the total area of the tract shall be
improved for recreational purposes for the use of the owners or occupants
of the development in accordance with a plan specifying the types
of improvements, which plan shall be furnished by the developer, at
the time of application and approved by the Planning Board. Such recreational
improvements may include, but are not limited to, such things as tot
lots, intermediate play areas and swimming pools.
AA.
Ownership and maintenance of common open space. The landowner may
provide for and establish an organization for the ownership and maintenance
of any common open space and such organization shall not be dissolved
nor shall it dispose of any common open space, by sale or otherwise,
except to an organization conceived and established to own and maintain
the common open space, or by dedicating the same to the Borough, only
if the Borough agrees to accept such dedication.
BB.
Protection of open spaces. All open spaces between structures shall
be protected where necessary by fully recorded covenants running with
the land, conveyances or dedications.
CC.
Lot designation. Pursuant to all required subdivision regulations,
every structure or group of structures and uses and every designed
lot area or cluster of units having services, facilities or utilities
in common private usage and in common ownership or control by its
occupants or which functions as an independent corporate property
owner or agent of management shall be located upon and within a lot
or plat of land which shall be fully dimensioned and designated as
representing the area of responsibility and extent of such individual
or group ownership or management as may be established by ownership
in full or partial fee or for lease under deed covenant, lease, contract,
or such other conditions of usage or occupancy legally established
and recorded therefor; and a description of each such lot shall be
filed.
[Added 5-17-2001 by Ord.
No. 7-2001]
Multifamily developments in the R-5 District shall comply with
all of the following requirements:
A.
Permitted principal uses. The R-5 District is intended for apartment
buildings and townhouse dwelling units, provided that not more than
5% of the total number of dwelling units shall be townhouses.
B.
Minimum lot area. There shall be a minimum lot area of 217,800 square
feet.
C.
Maximum density. The residential density shall not exceed 22 units
per acre, nor shall the total number of dwelling units exceed 116.
At least 15% of the total number of dwelling units shall be limited
to occupancy by low- and moderate-income households satisfying the
age restrictions herein provided.
D.
Minimum boundary line setback. No principal building shall be located
closer than 30 feet to a tract boundary line, nor within 50 feet of
another residential zone. Within said fifty-foot setback and adjoining
the residential zone there shall be established a thirty-foot planted
buffer, which buffer shall be protected by a conservation easement.
In addition, a twenty-foot-wide, landscaped buffer, also protected
by a conservation easement, shall be established along the right-of-way
of any adjoining local or minor street (as identified in the Borough
Master Plan) which serves properties in another residential zone.
No vehicular access shall be permitted across these conservation easements.
[Amended 9-6-2001 by Ord.
No. 15-2001]
E.
Maximum building coverage. The total lot coverage by all buildings,
excluding parking decks, shall not exceed 30% of the lot area.
[Amended 9-6-2001 by Ord.
No. 15-2001]
F.
Maximum impervious coverage. The total lot coverage by all impervious
surfaces, including buildings, shall not exceed 60% of the lot area.
G.
Maximum building height. No principal building shall exceed a height
of three stories and 42 feet; provided, however, that no principal
building located within 100 feet of another residential zone, with
the exception of a residential zone boundary that is located within
a street right-of-way exceeding 60 feet in width, shall exceed a height
of 2 1/2 stories and 35 feet. A loft shall not be construed as
representing a story, provided there are no windows in the loft area.
[Amended 9-6-2001 by Ord.
No. 15-2001]
H.
Minimum distance between buildings. No building shall be located
closer than 30 feet to another building. Parking decks shall be excluded
from this provision.
I.
Accessory buildings and structures. Accessory buildings and structures
shall be subject to the following requirements:
(1)
Maximum height. No accessory building, except for a parking
deck as hereinafter regulated, shall exceed a height of 25 feet.
(2)
Setbacks. Accessory buildings shall meet the boundary line setback
requirements applicable to principal buildings; provided, however,
that a parking deck may abut a railroad right-of-way.
(3)
Parking decks. Parking decks are permitted and shall be considered
accessory structures whether attached to or detached from a principal
building. A parking deck shall be limited to one level of parking
in addition to ground-level parking. The maximum height of a parking
deck measured from ground level to the parking surface of the deck
shall be 15 feet. Any parking deck shall be constructed with a parapet
wall having a height of at least three feet and not more than four
feet above the deck surface.
(4)
Signs. Not withstanding the provisions of Section 13-5.8B(2),
one freestanding identification sign shall be permitted on each street
on which the development fronts. Any such sign shall not exceed an
area of 50 square feet on each side when located on an arterial street
nor 20 square feet when located on a local street. Said sign shall
be located in the front yard, at least 10 feet from the street right-of-way
and at least 25 feet from an adjoining property line. Said sign shall
not extend more than eight feet above ground level and may be illuminated
as specified in Section 13-5.8A(5.3).
J.
Dwelling unit requirements. Individual dwelling units shall satisfy
the following requirements:
(1)
No dwelling unit shall contain no more than two bedrooms. Any
room in a dwelling unit other than a kitchen, living room or dining
room shall be considered a bedroom. A loft having a width greater
than four feet and an area greater than 100 square feet shall be considered
a bedroom.
(2)
Dwelling units shall satisfy the following minimum floor area
sizes exclusive of loft areas.
Efficiency/one-bedroom unit: 675 square feet
|
Two-bedroom unit: 1,000 square feet
|
(3)
Laundry facilities. Each dwelling unit shall contain a separate
clothes washer and dryer.
K.
Construction. All buildings shall be constructed in accordance with
the Building Code and, unless other standards are mandated by law,
in accordance with the following:
(1)
The standards for "Air-borne Noise and Structure-borne Sound
Control" as specified in the 1996 BOCA National Building Code, Section
1214.2 and 1214.3 respectively, shall be complied with.
(2)
The exterior of all accessory structures shall be in harmony
architecturally with and be constructed of materials of a like character
to those used in the principal structures.
L.
Noise. Sound levels from HVAC units shall comply with state industrial
limits at residential zone lines; i.e., 65 decibels during daytime
and 50 decibels at night.
M.
Low- and moderate-income units within the R-5 District.
[Amended 10-19-2006 by Ord. No. 13-2006]
(1)
Occupancy limitations. Low- and moderate-income housing units
shall be limited to occupancy by households satisfying the age criteria
for senior citizens established by the New Jersey Council on Affordable
Housing (COAH).
[Amended 10-7-2010 by Ord. No. 12-2010]
Multifamily development in the R-6 District shall comply with
all of the following requirements:
A.
Permitted principal uses. The R-6 District is intended to provide
for multifamily attached residential dwelling units comprised of interlocking
townhouses as defined herein.
B.
Permitted accessory uses. Multifamily developments, constructed in
accordance with this section, shall be permitted the following accessory
uses, to be used solely by the residents of the development and their
guests:
C.
Minimum lot area. There shall be a minimum lot area of 200,000 square
feet.
D.
Maximum density. The residential density shall not exceed 15 units
per acre, nor shall the total number of dwelling units exceed 70.
No more than 18 of all dwelling units within the development shall
be located within a single building.
F.
Maximum building coverage. The total lot coverage by all principal
and accessory buildings shall not exceed 30% of the lot area.
G.
Maximum impervious coverage. The total lot coverage by all impervious
surfaces shall not exceed 60% of the lot area.
H.
Maximum building height. No principal building shall exceed a height
of three stories and 42 feet.
I.
Minimum distance between buildings. No building shall be located
closer than 50 feet to another principal building on the same site.
J.
Accessory buildings and structures. Accessory buildings and structures
shall be subject to the following requirements:
(1)
Maximum height. No accessory building shall exceed a height
of 16 feet.
(2)
Setbacks. Accessory buildings shall meet the property line setback
requirements applicable to principal buildings.
(3)
Signs. Notwithstanding the provisions of Section 13-5.8B(2),
a total of two freestanding identification signs are permitted. Each
sign shall not exceed an area of 35 square feet on each side. Each
such sign shall be located in the front yard, at least 10 feet from
the street right-of-way and at least 25 feet from an adjoining property
line. Said signs shall not extend more than eight feet above ground
level and may be illuminated as specified in Section 13-5.8A(5.3).
K.
Dwelling unit requirements. Residential dwelling units shall satisfy
the following requirements:
L.
Landscaping requirements. All development within the district shall
comply with the following minimum landscaping requirements:
(2)
No use or structure shall be permitted within the required buffer
area, except for the following, and only when it is demonstrated by
the developer that such use and/or structures must be located within
the buffer area in order to reasonably accommodate the permitted development.
The Planning Board may in its review require supplemental planting
or screening methods within or outside of the required buffer area.
(3)
Within the landscape buffer areas, the developer shall maintain
a landscaped screen containing a mix of deciduous and coniferous trees
and shrubs of sufficient density, size and number to provide reasonable
year-round buffering. Landscape buffers within the front yard shall
also provide for berming where appropriate.
(4)
Except for existing preserved or transplanted vegetation, evergreen
trees shall be a minimum of six feet in height when installed. All
deciduous trees shall be 2 1/2 inches in caliper when installed.
At least 25% of all deciduous trees shall be of a species native and
indigenous to the area. Shrubs used as foundation and screen plantings
shall be at least two feet in height when installed.
M.
Construction. All buildings shall be constructed under the applicable
code at the time of application for building permit.
N.
Noise. Sound levels from HVAC units shall comply with state industrial
limits at residential zone lines, as may be amended from time to time,
which limits are presently 65 decibels during daytime and 50 decibels
at night.
O.
Emergency facilities. Any multifamily residential development shall
be suitably designed to facilitate emergency access by police, fire
and first-aid service vehicles and personnel.
P.
Accessibility for the handicapped. Any development shall be designed
in accordance with the applicable standards for accessibility and/or
occupancy by handicapped persons promulgated by the federal government
and/or the State of New Jersey or through their respective departments
or agencies having jurisdiction in such matters.
Q.
Utility and drainage improvements. Any multifamily residential development
shall be served by public water and public sanitary sewerage systems.
All utility improvements, including, but not necessarily limited to,
storm drainage collection and conveyance systems, stormwater management
systems/facilities, sanitary sewerage collection and disposal systems,
water supply, gas, electric, telephone and cable television utilities,
shall be subject to review and approval by the Planning Board in accordance
with the standards and procedures established at N.J.A.C. 5:21 et
seq. (Residential Site Improvement Standards), the New Jersey Department
of Environmental Protection and appropriate county and other state
agencies, where applicable.
R.
Affordable housing. Prior to, or as a condition of any approval of
a development application by the Planning Board or Board of Adjustment,
as applicable, the developer shall be required to comply with the
requirements of this section and to enter into an agreement with the
Borough Council, in order to address the effect of the development
Borough's or the developer's affordable housing obligation, in accordance
with the following requirements:
The minimum required affordable housing set-aside shall be 20%.
Fifty percent of the required affordable units shall be low-income
housing and 50% shall be for moderate-income housing.
(1)
Alternative means to on-site construction of affordable housing.
When approved by the Planning Board or Zoning Board, a developer may,
at its option, satisfy the on-site construction of affordable housing
by a payment in lieu of on-site construction as set forth in N.J.A.C.
5:97-8.4 and N.J.A.C. 5:97-6.4.[1]
[1]
Editor's Note: N.J.A.C. Title 5, Ch. 97, was repealed in 2014.
Multifamily affordable housing developments in the AF-1 District
shall comply with all of the following requirements:
A.
Permitted principal uses. The AF-1 District is intended for apartment dwelling units for low- and moderate-income households at affordable rates in accordance with Section 13-5.13.
[Amended 9-6-2018 by Ord.
No. 17-2018]
B.
Minimum lot area. There shall be a minimum lot area of 110,000 square
feet.
C.
Maximum density. The residential density shall not exceed 25 units
per acre. All dwelling units shall be limited to occupancy by low-
and moderate-income households and, where appropriate, also satisfying
the age restrictions herein provided.
D.
Minimum boundary line setback. No principal building shall be located
closer than 25 feet to a tract boundary line. Building extensions
extending three feet or less shall not be included within setback
limitations.
E.
Maximum building coverage. The total lot coverage by all buildings,
shall not exceed 20% of the lot area.
F.
Maximum impervious coverage. The total lot coverage by all impervious
surfaces, including buildings, shall not exceed 80% of the lot area.
G.
Maximum building height. No principal building shall exceed a height
of four stories or 58 feet.
H.
Accessory buildings and structures. Accessory buildings and structures
shall be subject to the following requirements:
(1)
Maximum height. No accessory building, except for a parking
deck as hereinafter regulated, shall exceed a height of 16 feet.
(2)
Setbacks. Accessory buildings shall meet the boundary line setback
requirements applicable to principal buildings.
(3)
Signs. Notwithstanding the provisions of Section 13-5.8B(2),
one freestanding identification sign shall be permitted on each street
on which the development fronts. Any such sign shall not exceed an
area of 24 square feet on each side. Said sign shall be located in
the front yard, at least five feet from the street right-of-way and
at least 25 feet from an adjoining property line. Said sign shall
not extend more than six feet above ground level and may be illuminated
as specified in Section 13-5.8A(5.3).
I.
Dwelling unit requirements. Individual dwelling units shall satisfy
the following requirements:
(1)
No dwelling unit shall contain more than three bedrooms. Any
room in a dwelling unit other than a kitchen, living room, bathroom,
or dining room shall be considered a bedroom.
(2)
Dwelling units shall satisfy the following minimum floor area
sizes, exclusive of loft areas:
One-bedroom unit: 550 square feet.
|
Two-bedroom unit: 825 square feet.
|
Three-bedroom unit: 1,100 square feet.
|
(3)
Laundry facilities. Each dwelling unit shall have access to
community clothes washer and dryer facilities.
J.
Construction. All buildings shall be constructed in accordance with
all applicable building codes and, unless other standards are mandated
by law, in accordance with the following:
(1)
The standards for "Air-borne Noise and Structure-borne Sound
Control," as specified in the current BOCA National Building Code,
shall be complied with.
(2)
The exterior of all accessory structures shall be in harmony
architecturally with and be constructed of materials of a like character
to those used in the principal structures.
K.
Noise. Sound levels from HVAC units shall comply with state industrial
limits at residential zone lines; i.e., 65 decibels during daytime
and 50 decibels at night.
L.
Low- and moderate-income units within the AF-1 District.
[Amended 9-6-2018 by Ord.
No. 17-2018]
M.
Landscaping requirements. All development within the district shall
comply with the following minimum landscaping requirements:
(2)
No use or structure shall be permitted within the required buffer
area, except for the following, and only when it is demonstrated by
the developer that such use and/or structures must be located within
the buffer area in order to reasonably accommodate the permitted development.
The Planning Board may in its review require supplemental planting
or screening methods within or outside of the required buffer area.
(3)
Within the landscape buffer areas, the developer shall maintain
landscaped screen containing a mix of deciduous and coniferous trees
and shrubs of sufficient density, size and number to provide reasonable
year-round buffering.
(4)
Except for existing preserved or transplanted vegetation, evergreen
trees shall be a minimum of six feet in height when installed. All
deciduous trees shall be 2 1/2 inches in caliper when installed.
At least 25% of all deciduous trees shall be of a species native and
indigenous to the area. Shrubs used as foundation and screen plantings
shall be at least two feet in height when installed.
N.
Emergency facilities. Any multifamily residential development shall
be suitably designed to facilitate emergency access by police, fire
and first-aid service vehicles and personnel.
O.
Accessibility for the handicapped. Any development shall be designed
in accordance with the applicable standards for accessibility and/or
occupancy by handicapped persons promulgated by the federal government
and/or the State of New Jersey or through their respective departments
or agencies having jurisdiction in such matters.
P.
Utility and drainage improvements. Any multifamily residential development
shall be served by public water and public sanitary sewerage systems.
All utility improvements, including, but not necessarily limited to,
storm drainage collection and conveyance systems, stormwater management
systems/facilities, sanitary sewerage collection and disposal systems,
water supply, gas, electric, telephone and cable television utilities,
shall be subject to review and approval by the Planning Board in accordance
with the standards and procedures established at N.J.A.C. 5:21 et
seq. (Residential Site Improvement Standards), the New Jersey Department
of Environmental Protection and appropriate county and other state
agencies, where applicable.
Multifamily affordable housing developments in the AF-2 District
shall comply with all of the following requirements:
A.
Permitted principal uses. The AF-2 District is intended for apartment dwelling units for low- and moderate-income households at affordable rates in accordance with Section 13-5.13.
[Amended 9-6-2018 by Ord.
No. 17-2018]
B.
Minimum lot area. There shall be a minimum lot area of 5.00 acres.
C.
Maximum density. The residential density shall not exceed 25 units
per acre. All dwelling units shall be limited to occupancy by low-
and moderate-income households and, where appropriate, also satisfying
the age restrictions herein provided.
D.
Minimum boundary line setback. No principal building shall be located
closer than 20 feet to a tract boundary line. Building extensions
extending three feet or less shall not be included within setback
limitations.
E.
Maximum building coverage. The total lot coverage by all buildings,
shall not exceed 25% of the lot area.
F.
Maximum impervious coverage. The total lot coverage by all impervious
surfaces, including buildings, shall not exceed 80% of the lot area.
G.
Maximum building height. No principal building shall exceed a height
of four stories or 58 feet.
H.
Accessory buildings and structures. Accessory buildings and structures
shall be subject to the following requirements:
(1)
Maximum height. No accessory building, except for a parking
deck as hereinafter regulated, shall exceed a height of 24 feet.
(2)
Setbacks. Accessory buildings shall meet the boundary line setback
requirements applicable to principal buildings.
(3)
Signs. Notwithstanding the provisions of Section 13-5.8B(2),
one freestanding identification sign shall be permitted on each street
on which the development fronts. Any such sign shall not exceed an
area of 24 square feet on each side. Said sign shall be located in
the front yard, at least five feet from the street right-of-way and
at least 25 feet from an adjoining property line. Said sign shall
not extend more than six feet above ground level and may be illuminated
as specified in Section 13-5.8A(5.3).
I.
Dwelling unit requirements. Individual dwelling units shall satisfy
the following requirements:
(1)
No dwelling unit shall contain no more than three bedrooms.
Any room in a dwelling unit other than a kitchen, living room, bathroom
or dining room shall be considered a bedroom.
(2)
Dwelling units shall satisfy the following minimum floor area
sizes, exclusive of loft areas:
One-bedroom unit: 550 square feet.
|
Two-bedroom unit: 825 square feet.
|
Three-bedroom unit: 1,100 square feet.
|
(3)
Laundry facilities. At a minimum, each dwelling unit shall have
access to community clothes washer and dryer facilities.
J.
Construction. All buildings shall be constructed in accordance with
all applicable building codes and, unless other standards are mandated
by law, in accordance with the following:
(1)
The standards for "Air-borne Noise and Structure-borne Sound
Control" as specified in the current BOCA National Building Code shall
be complied with.
(2)
The exterior of all accessory structures shall be in harmony
architecturally with and be constructed of materials of a like character
to those used in the principal structures.
K.
Noise. Sound levels from HVAC units shall comply with state industrial
limits at residential zone lines; i.e., 65 decibels during daytime
and 50 decibels at night.
L.
Low- and moderate-income units within the AF-2 District.
[Amended 9-6-2018 by Ord.
No. 17-2018]
M.
Landscaping requirements. All development within the district shall
comply with the following minimum landscaping requirements:
(2)
No use or structure shall be permitted within the required buffer
area, except for the following, and only when it is demonstrated by
the developer that such use and/or structures must be located within
the buffer area in order to reasonably accommodate the permitted development.
The Planning Board may in its review require supplemental planting
or screening methods within or outside of the required buffer area.
(3)
Within the landscape buffer areas, the developer shall maintain
a landscaped screen containing a mix of deciduous and coniferous trees
and shrubs of sufficient density, size and number to provide reasonable
year-round buffering.
(4)
Except for existing preserved or transplanted vegetation, evergreen
trees shall be a minimum of six feet in height when installed. All
deciduous trees shall be 2 1/2 inches in caliper when installed.
At least 25% of all deciduous trees shall be of a species native and
indigenous to the area. Shrubs used as foundation and screen plantings
shall be at least two feet in height when installed.
N.
Emergency facilities. Any multifamily residential development shall
be suitably designed to facilitate emergency access by police, fire
and first-aid service vehicles and personnel.
O.
Accessibility for the handicapped. Any development shall be designed
in accordance with the applicable standards for accessibility and/or
occupancy by handicapped persons promulgated by the federal government
and/or the State of New Jersey or through their respective departments
or agencies having jurisdiction in such matters.
P.
Utility and drainage improvements. Any multifamily residential development
shall be served by public water and public sanitary sewerage systems.
All utility improvements, including, but not necessarily limited to,
storm drainage collection and conveyance systems, stormwater management
systems/facilities, sanitary sewerage collection and disposal systems,
water supply, gas, electric, telephone and cable television utilities,
shall be subject to review and approval by the Planning Board in accordance
with the standards and procedures established at N.J.A.C. 5:21 et
seq. (Residential Site Improvement Standards), the New Jersey Department
of Environmental Protection and appropriate county and other state
agencies, where applicable.
Apartment/Multifamily development in the R-7 District is intended
to comply with the following requirements:
A.
Permitted principal uses. The R-7 District is intended to provide
for apartment/multifamily residential dwelling units.
B.
Permitted accessory uses. Apartment/Multifamily residential developments,
constructed in accordance with this section, shall be permitted the
following accessory uses to be used solely by the residents of the
development and their guests:
C.
Minimum lot area. There shall be a minimum lot area of 15 acres.
D.
Maximum density. The residential density shall not exceed 13 units
per acre, nor exceed 197 units. There shall be a minimum of 20 dwelling
units within a single building.
F.
Maximum building coverage. The total lot coverage by all principal
and accessory buildings shall not exceed 30% of the lot area. There
shall be a minimum of three buildings.
G.
Maximum impervious coverage. The total lot coverage by all impervious
surfaces shall not exceed 50% of the lot area.
H.
Maximum building height. No principal building shall exceed a height
of three stories and 45 feet.
I.
Minimum distance between buildings. No buildings shall be located
closer than 70 feet to another residential building on the same site.
J.
Accessory buildings and structures. Accessory buildings and structures
shall be subject to the following requirements:
(1)
Maximum height. No accessory building and structures shall exceed
a height of 16 feet except for parking decks in accordance with Paragraph
K below.
(2)
Setbacks. Accessory buildings and structures shall meet the
property line setback requirements applicable to principal buildings.
(3)
Freestanding signs. Notwithstanding the provisions of Section
13-5.8B(2), a total of two freestanding identification signs are permitted.
Each sign shall not exceed an area of 35 square feet on each side.
Each such sign shall be located in the front yard, at least five feet
from the street right-of-way and at least 25 feet from an adjoining
property line. Said signs shall not extend more than eight feet above
ground level and may be illuminated as specified in Section 13-5.8A(5.3).
K.
Parking decks. Parking decks are permitted and shall be considered
accessory structures or buildings, whether attached to or detached
from a principal building. A parking deck shall be limited to two
levels of parking in addition to ground-level parking. The maximum
height of a parking deck shall be 26 feet. Any parking deck shall
be constructed with a parapet wall having a height of at least three
feet and not more than four feet above the deck surface. A parking
deck shall be wrapped by a residential building on three sides such
that only one facade is exposed to the public viewshed. The exposed
parking facade shall be of similar or complementary type and quality
of materials as the residential building. The exposed parking deck
facade shall be articulated and screened through architectural detailing
using any or all of the following techniques:
(1)
The facade should be broken down vertically into a series of
bays. Bays should be defined through elements such as changes in facade
plane, changes in the size and rhythm of window openings, and/or variation
in material color and pattern.
(2)
The upper level of the facade should be distinguished from the
ground floor by either a shallow Juliet balcony, changes in material
or freestanding pattern; and/or other appropriate means.
(3)
The roof should be emphasized with a parapet wall and/or balustrade
or cornices.
(4)
Large areas of blank, solid walls are discouraged.
(5)
Glazing and/or decorative metal grilles are encouraged in window
openings. If used to screen any parking, glazing of window opening
areas should be translucent (allowing for shadows and silhouettes
behind the glass. Transparent, clear tinted, or reflective glazing
are discouraged within window openings. Decorative metal grilles may
take the form of an ornate pattern or may mimic the muntins of traditional
windows.
(6)
The size, spacing and framing of garage window openings should
be similar to those of any windows within the residential building
above the parking levels. Furthermore, the pattern of garage window
openings should generally align vertically with the pattern of non-parking
windows of the residential building.
(7)
Any garage doors should be compatible with the building facade
design, and should include decorative metal mesh, solid and/or glazed
panels.
L.
Surface off-street parking and loading requirements. Surface off-street
parking and loading facilities shall satisfy the following requirements:
Minimum distance from building: 10 feet.
|
Minimum distance from street right-of-way: 70 feet.
|
Minimum distance from property line: 25 feet.
|
M.
Dwelling unit requirements. Residential dwelling units shall satisfy
the following requirements:
(1)
No market dwelling unit shall contain more than two bedrooms,
and affordable units shall comply with COAH requirements. Any room
in a dwelling unit other than a kitchen, living room, bathroom, or
dining room shall be considered a bedroom. No den shall be permitted
in any two-bedroom market units.
(2)
Individual market dwelling units shall meet the following minimum
floor area sizes:
One-bedroom units: 800 square feet
|
Two-bedroom units: 1,100 square feet
|
(3)
Individual affordable dwelling units shall meet the following
minimum floor area sizes:
One-bedroom units: 600 square feet
|
Two-bedroom units: 850 square feet
|
Three-bedroom units: 1,150 square feet
|
N.
Building articulation and massing. Development shall comply with
the following building articulation and massing requirements:
(1)
Multifamily residential building facade bulk shall be broken
down vertically and differentiated horizontally to avoid monotonous
and repetitive facades through any or all of the following: vertical
changes in the facade plane; changes in material; color; pattern and/or
texture use of columns, pilasters, balustrades or similar ornamental
features; changes in the size and rhythm of fenestration; use of design
features such as balconies and terraces; changes in the roof line
via coping, parapet, cornice or similar ornamental features.
(2)
The top and roof of multifamily residential buildings shall
be defined and differentiated with multi-faceted roof shapes where
appropriate to break up the roof line.
O.
Building facade detailing: Development shall comply with the following
building facade requirements:
(1)
Windows should occupy at least 25% of the facade area.
(2)
A change of plane and variation in materials and/or detailing
should be provided for any windowless wall area in excess of 20 feet
in length.
(3)
Preferred materials for facade are brick, cultivated stone or
other masonry facing; fiber cement siding or backboard; metal panels;
metal, and glass. No more than three different materials should be
employed as primary materials on a building facade. Within the chosen
primary materials, variation in color, texture and/or pattern may
be employed to create further distinctions. The level of materials,
detailing and articulation should be consistent along all facades.
Material should be extended around corners and extensions in order
to avoid a "passed on" appearance.
(4)
All major mechanical equipment located on any roof of a building
should be screened from view from all vantage points with a material
harmonious to that used on the facade of the structure.
P.
Landscaping requirements. All development within the district shall
comply with the following minimum landscaping requirements:
(2)
No use or structure shall be permitted within the required buffer
area, except for the following, and only when it is demonstrated by
the developer that such use and/or structures must be located within
the buffer area in order to reasonably accommodate the permitted development.
The Planning Board/Board of Adjustment may in its review require supplemental
planting or screening methods within or outside of the required buffer
area.
(3)
Within the landscape buffer area, the developer shall maintain
a landscaped screen containing a mix of deciduous and coniferous trees
and shrubs of sufficient density to provide adequate year-round screening.
Landscape buffers within the front yard shall also provide for berming
where appropriate.
(4)
Except for existing preserved or transplanted vegetation, evergreen
trees shall be a minimum of eight feet in height above the root ball
when installed. All deciduous trees shall be 2 1/2 inches in
caliper when installed and at least 25% of all deciduous trees shall
be of a species native and indigenous to the area. Shrubs used as
foundation and screen plantings shall be at least two feet in height
above the root ball when installed.
Q.
Construction. All buildings shall be constructed in accordance with
the most recent version of the International Building Code, as amended
from time to time, unless other standards are mandated by law.
R.
Noise. At all property lines adjoining residential zones, sound levels
from HVAC units shall comply with the NJ Noise Code limits, as may
be amended from time to time, which limits are presently 65 decibels
during daytime and 50 decibels at night.
S.
Emergency facilities. Any apartment/multifamily residential development
shall be suitably designed to facilitate emergency access by police,
fire and first-aid service vehicles and personnel.
T.
Accessibility for the handicapped. Any development shall be designed
in accordance with the applicable standards for accessibility and/or
occupancy by handicapped persons promulgated by the federal government
and/or the State of New Jersey or through their respective departments
or agencies having jurisdiction in such matters.
U.
Utility and drainage improvements. Any apartment/multifamily residential
development shall be served by public water and public sanitary sewerage
systems. All utility improvements, including, but not necessarily
limited to, storm drainage collection and conveyance systems, stormwater
management systems/facilities, sanitary sewerage collection and disposal
systems, water supply, gas, electric, telephone and cable television
utilities, shall be subject to review and approval by the Planning
Board/Board of Adjustment in accordance with the standards and procedures
established at N.J.A.C. 5:21 et seq. (Residential Site Improvement
Standards), the New Jersey Department of Environmental Protection
and appropriate county and other state agencies, where applicable.
V.
Low- and moderate-affordable housing. Prior to, or as a condition
of any approval of a development application by the Planning Board
or Board of Adjustment, as applicable, the developer shall be required
to comply with the requirements of this section and to enter into
an agreement with the Borough Council, in order to address the effect
of the development upon the Borough's affordable housing obligation,
in accordance with the following requirements:
(1)
A minimum of 15% of the residential units constructed shall
be deemed for affordable housing. Fifty percent of the required affordable
housing units shall be low-income housing and 50% shall be moderate-income
housing.
(2)
Affordable units shall be integrated throughout the multifamily
buildings.
(3)
The provisions of low- and moderate-income housing shall be
subject to all other applicable regulations of the New Jersey Council
on Affordable Housing and the Uniform Housing Affordability Controls
(N.J.A.C. 5:80-26 et seq.).
A.
Off-street parking space requirements. For all new buildings and
uses and additions to existing buildings and uses, there shall be
provided the minimum number of off-street parking spaces specified
in Schedule E.[1] All off-street parking facilities shall be designed and constructed in accordance with Section 13-4.14C. Off-street parking areas shall be used solely for the parking of passenger automobiles, and no commercial repair work or service of any kind shall be conducted on the parking lot, nor shall such lots be used for the parking of disabled, dismantled, inoperable or unregistered vehicles. No signs other than entrance, exit or conditions of use signs shall be maintained. The amount of off-street parking areas to be paved may be reduced by the Planning Board if it can be clearly demonstrated by the applicant that such additional parking area is not necessary; however, the entire amount of unpaved parking area must at all times be made available for parking in the event that future conditions should so require.
[1]
Editor's Note: The Schedule is included as an attachment to this chapter.
B.
Off-street loading requirements. In all zones, for every building
or part thereof hereafter erected which is to be occupied by manufacturing,
storage, goods display, retail store, wholesale store or warehouse,
market, hospital, laundry, dry cleaning or other use similarly requiring
the receipt or distribution in vehicles of materials or merchandise,
there shall be provided and maintained on the same premises with such
building at least one off-street loading space independent of required
off-street parking area with access to a street:
(1)
Each loading space shall be at least 10 feet in width, 40 feet
in length and have a fourteen-foot clearance above grade.
(2)
Such space may occupy all or part of the required side or rear
yard only.
(3)
Trucks and other delivery and shipping vehicles shall not be
parked in loading spaces except during the course of loading and unloading
operations; provided, however, that overnight parking of such vehicles
is permitted, but only when loading and unloading operations are not
conducted during overnight hours.
(4)
All off-street loading shall be designed and constructed in
accordance with Section 13-4.14C(2.2).
C.
Off-street parking in residence zones. Off-street parking facilities
serving residential uses shall be governed by and meet the requirements
of the Residential Site Improvement Standards (RSIS).
D.
General requirements for nonresidential off-street parking.
(1)
No part of any off-street parking areas shall extend into any
required front yard more than the front yard setback requirement of
the zone in which it is situated unless specifically permitted in
the respective zone.
(2)
All off-street parking areas shall be used solely for the parking
of motor vehicles and no commercial repair work or service of any
kind shall be conducted on such parking lot. No sign, other than entrance,
exit, ownership, and condition-of-use signs, shall be maintained.
(3)
Off-street parking facilities as accessory to any nonresidential
use permitted in a residence zone shall be provided on the same lot
with the permitted principal building.
(4)
Off-street parking facilities as required by this article shall
be provided on the same lot with the permitted principal building
in the OB, L-2 and I Zones. In the L-1 Zone, parking facilities shall
be permitted on any lot, provided that the minimum number of required
spaces are met tract wide. In the B-1, B-2, B-4, B-5 and C-1 Zones,
off-street parking areas for nonresidential uses are permitted in
the residential zones which are contiguous to the above-mentioned
zones, provided all of the requirements of this section are complied
with and further provided:
[Amended 12-18-2003 by Ord. No. 26-2003; 5-5-2022 by Ord. No. 5-2022]
(4.1)
The parking area does not extend more than 300 feet from the
front street property line on the road on which the business fronts.
(4.2)
The parking area shall extend continuously from the nonresidential
zone.
(4.3)
The parking area is on the same side of the street and in the
same block as the principal use.
(4.4)
Driveway access between a parking area serving a use located
in any nonresidential zone and a street located in a residential zone
shall be prohibited.
(4.5)
The parking area within the residential zone shall be located
at least 25 feet from an adjoining residential property line except
for the property line separating the residential and nonresidential
zones.
(5)
In the B-3 Zone, required parking areas are permitted in abutting
residential zones, provided the parking area does not extend more
than 300 feet into the residential zone, and further provided the
parking area must extend continuously from the planned shopping center
zone boundary line. Any such parking extending into a residential
zone shall be located at least 50 feet from a nonresidential property
line and at least 150 feet from a residential property line.
(6)
Any owner or group of owners of a business building or buildings
may jointly sponsor off-street parking facilities, provided the area
of the parking facilities equals the total parking area requirements
of each owner participating therein, and further provided that such
jointly sponsored facilities comply with all the other requirements
of this chapter. In addition, all entrances and exits shall be recorded
as permanent easements or rights-of-way and deeded to the Borough.
(7)
In any parking lot designed to accommodate the public, designated
parking spaces for handicapped persons shall be required in accordance
with guidelines established by the Americans with Disabilities Act.
(8)
Aisle widths and location of parking. All parking spaces shall
be served by driveways or aisles of adequate widths and all parking
areas and driveways shall be located in accordance with the provisions
of Schedule A.[2]
[2]
Editor's Note: The Schedule is included as an attachment to this chapter.
(9)
No certificate of occupancy shall be issued under Section 13-5.2A(3)
hereof unless, at time of completion, the said off-street parking
area fully complies with all Planning Board's requirements, as certified
in writing by the Planning Board.
(10)
Parking decks within the L-1 Research Laboratory Zone.
[Added 12-18-2003 by Ord.
No. 26-2003, amended 3-2-2006 by Ord. No. 1-2006]
(10.1)
No parking deck or structure shall be located
closer than 175 feet to a residentially zoned property.
(10.2)
A maximum height of 45 feet and five levels
(including ground level) shall be permitted. Height shall be measured
to the top of the parapet wall of the uppermost level from the average
finished grade. Height limit is exclusive of stair and/or elevator
enclosures which are permitted to extend an additional 12 feet above
the height limit.
(10.3)
The minimum required parking space size shall
be nine feet wide by 18 feet deep.
(10.4)
Parking deck structures shall be constructed
with a parapet wall having a minimum height of four feet above the
deck level.
(10.5)
For all parking deck structures, the minimum
facade exposure (open area) shall be 25% of the particular facade
face.
(10.6)
Except for the uppermost parking level, all
interior lighting shall be recessed and shield to limit light glare
to adjacent properties. Lighting located on the uppermost level shall
conform to Section 13-4.14C(2.2)(g).
A.
General sign provisions.
(1)
Intent. The intent and purpose of these regulations is to establish
a reasonable framework for signage and to facilitate easy and agreeable
communication between people, at the same time recognizing the need
to protect the safety and welfare of the public, to maintain attractive
appearance in the community and allow adequate business identification
and advertising. It is the further intent of these regulations to
maintain a balance between the commercial needs of business enterprises
and their visual impact on residents and visitors of the Borough.
To these ends, the regulations seek to authorize signs visible to
the general public that:
(1.1)
Are compatible with their surroundings and consistent with the
objectives of proper design and zoning amenities.
(1.2)
Allow and promote optimum conditions for meeting sign user's
needs while at the same time promoting an attractive environment desired
by the general public.
(1.3)
Are designed, constructed, installed and maintained in such
a manner that they do not endanger public safety or traffic safety.
(1.4)
Are visible and legible in terms of the message they are intended
to convey.
(1.5)
Respect the reasonable rights of other neighboring advertisers.
(2)
Permits for signs. No sign shall be erected unless a permit
shall have first been issued by the Construction Official after approval
by the Zoning Officer, or as part of site plan approval from either
the Planning Board or Board of Adjustment.
[Amended 5-20-2021 by Ord. No. 5-2021]
(3)
Prohibited signs. The signs listed below are prohibited anywhere
in the Borough.
(3.1)
Moving, fluttering or rotating signs, as well as streamers,
pennants, balloons and similar displays unless authorized on a specified
temporary basis by the Borough Council.
(3.2)
Any illuminated tubing or strings of lights outlining roof lines,
doors, windows or wall edges of any building, except Christmas season
decorations.
(3.3)
Any sign that uses the words "stop" or "danger" or otherwise
presents or implies the need or requirement of stopping or caution
of the existence of danger, or which is likely to be confused with
any sign displayed by public authority.
(3.4)
Banner-type signs except where in celebration of public events
or to call attention to dates of holidays of public significance and,
in such cases, only when erected by the Borough itself or authorized
by the Borough Council.
(3.5)
Signs erected or located on, within, or over any public right-of-way
except when erected by the governmental agency having jurisdiction
or authorized by said governmental agency and except for signs or
awnings as hereinafter regulated.
(3.6)
Except as otherwise permitted in this Section 13-5.8, signs which are not accessory to a use located on the premises.
(3.7)
Temporary signs painted on or attached to a window except for
signs announcing the opening of a new business establishment, provided
the same are displayed for a period of not more than 30 days.
(3.8)
Signs painted on a building wall.
(3.9)
Signs attached to trees or utility poles except for warnings,
statements or language required or installed by the utility.
(3.10)
Signs located in sight triangle easements.
(3.11)
The use of people in any manner, whether carrying
signs, wearing costumes, or otherwise, for the purpose of advertising
or promoting the commercial interests of any service or product out
of doors in view of the general public except those specifically authorized
by ordinance or the Borough Council on a specified temporary basis.
(3.12)
Contractors' advertising signs except during
normal working hours.
(3.13)
Neon signs except as regulated in Section 13-5.8C(6).
(4)
Signs exempt from permit. The following exemptions shall apply
only to the requirements for a sign permit and shall not be construed
as relieving the owner of the sign from the responsibility for its
erection and maintenance in good and safe condition:
(4.1)
Memorial tablets or signs, names of buildings and date of erection
when cut into any masonry surface or when constructed of bronze or
similar material as an integral part of the building. The total area
of said signs shall not exceed four square feet.
(4.2)
Traffic signs, all governmental signs, legal notices, railroad
crossing signs, danger signs and such temporary emergency signs as
may be erected by governmental or public utility employees in carrying
out their official work.
(4.3)
Names on mailboxes.
(4.4)
Signs used on property warning the public against hunting or
trespassing thereon. Any such sign shall not exceed one square foot
in area.
(4.5)
Temporary safety, traffic, directional and warning signs approved
by the governmental agency having jurisdiction, not exceeding four
square feet.
(4.6)
Signs required by any provision of law or signs deemed necessary
to the public welfare by the Borough Council.
(4.7)
Signs permitted in Section 13-5.8B(1.1) and (1.2).
(4.8)
Signs permitted in Section 13-5.8C(8.5).
(4.9)
Temporary campaign and political signs as regulated in Section
13-5.8B(3).
(4.10)
Display of the American Flag, flags of national
origin and/or flags of state or municipal origin, provided that such
use shall conform to any applicable state and/or federal laws, rules
and regulations.
(5)
General sign regulations.
(5.1)
Signs which are required by any provision of law may be located
in any zone.
(5.2)
No sign shall be placed as to interfere with or be mistaken
for a traffic light or similar safety device or interfere with traffic
visibility.
(5.3)
Illumination of any sign shall be of the diffused lighting type
or by indirect lighting and only the face of the sign shall be illuminated.
No sign shall be lighted by means of flashing or intermittent illumination.
The direct source of any light used for the illumination of any sign,
any building wall containing a sign or any display of merchandise
or products of business establishments shall be completely shielded
from the view of vehicular traffic using the roads or roads abutting
such business properties. Floodlights or spotlights used for the illumination
of such signs, building walls or displays, whether or not such lights
are attached to or separate from the building, shall not project light
beyond the sign, wall or display being illuminated.
(5.4)
The intensity of illumination of any sign shall be the minimum
necessary for clear and distinct legibility. The purpose of the illumination
shall be to identify the name and location of a particular premises
or use without creating offensive and unnecessary brightness. To this
end, the total quantity of light radiated through the surface of a
sign shall not exceed two footcandles when measured from a distance
of six feet from the face of the sign. The purpose of the illumination
shall be to identify the name and the location of a particular premises
or use without creating offensive and unnecessary brightness.
(5.5)
No sign, as permitted, shall extend or project above the highest
elevation of the wall to which it is attached, nor shall any sign
be erected on or attached to the roof of a building or to any roof-like,
sloping facade, such as the lower portion of a mansard style roof.
(5.6)
Freestanding traffic directional and traffic safety signs containing such wording as "one-way," "do not enter" and "stop" may be located on a property in any zone in accordance with the provisions of Section 13-5.8F below if approved by the Planning Board or the Board of Adjustment in connection with a site plan application.
(5.7)
Signs with two display surfaces arranged back-to-back shall
be permitted the maximum sign area on each surface.
(6)
Nonconforming signs. The following provisions shall apply to
any sign which was lawful prior to the adoption, revision or amendment
of this chapter, but which fails to conform to the requirements of
this chapter by reason of such adoption, revision or amendment.
(6.1)
Routine maintenance. Routine maintenance for any nonconforming
sign shall be permitted, provided that such maintenance shall comply
with the provisions of Paragraphs (6.3) and (6.4) below. The term
"routine maintenance" is intended to include such activities as cleaning,
replacement of light bulbs, removal of rust and corrosion, repainting,
and replacement or repair of broken or damaged elements.
(6.2)
Restoration or repair in the event of partial destruction. Any
nonconforming sign existing at the time of the passage of this chapter
or any amendment thereto may be continued upon the lot so occupied
any such sign may be restored or repaired in the event of partial
destruction thereof, provided that such restoration or repair shall
comply with the provisions of Paragraphs (6.3) and (6.4) below. For
purposes only of administering this provision, the term "partial destruction"
shall be defined as any condition affecting less than 50% of the area
or volume, whichever is more restrictive, of the sign message or structure
in such a manner that the appearance of structural characteristics
of the sign are substantially altered from the originally approved
and installed sign.
(6.3)
Effect of removal. The following provisions shall regulate removal
of nonconforming signs:
(a)
Nothing contained herein shall be construed to permit the removal
and subsequent replacement of a nonconforming sign structure for purposes
of maintenance, restoration, repair or alteration. Removal of a sign
structure for any purpose shall terminate the nonconforming rights
of said sign.
(b)
Sign messages may be removed only for purpose of routine maintenance,
restoration or repair as permitted herein.
(6.4)
Alterations. The following provisions shall regulate alterations
of nonconforming signs:
(a)
Alterations of nonconforming sign use. Any sign which is nonconforming
because of use, either because of the type of sign or because it is
unrelated to a use existing on the property, shall not be enlarged,
extended, relocated or altered in any manner.
(b)
Alteration of nonconforming sign structure or sign message.
A nonconforming sign structure or sign message may not be altered
unless the alteration will result in both the sign structure and the
message conforming in all respects with the provisions of this chapter.
Alterations covered by this provision include, but are not limited
to, the following:
(c)
Reversion to nonconforming sign prohibited. A sign which is
a nonconforming use and which is changed to a conforming use may not
thereafter be changed back to a nonconforming use. A nonconforming
sign structure and/or message which is changed to a conforming structure
and/or message may not be changed back to a nonconforming structure
and/or message.
(6.5)
Change of a use affecting same. No nonconforming sign structure
shall be maintained or continued upon any site if there occurs a change
in use for which the sign is an accessory structure.
(6.6)
Subdivisions involving same. No lot containing a nonconforming
sign structure shall be subdivided so as to increase the degree or
extent of the nonconforming sign condition.
(7)
Regulations of signs which falsely advertise or identify a use
or activity and regulations governing the removal of signs for change
of occupancy.
(7.1)
It shall be unlawful for any person to erect, locate, relocate
or maintain any sign which falsely identifies the premises or occupant
of any premises or building, or which falsely advertises for sale
on any premises or in any building any product or services not available
therein.
(7.2)
Whenever there is a change in occupancy of a building or premises,
including any vacancy of such building or premises, the message of
any sign or signs which identify or advertise an individual, business,
service, product or other item that is no longer present or available
in the building or on the premises shall be removed.
(7.3)
The provisions of this subsection shall not be construed to
require the removal of any sign structure, except as required by Paragraph
(7.4) below.
(7.4)
The manner of removal of sign messages shall include, but are
not limited to, the following:
(a)
In the case of a sign with a painted message, the sign message
shall be painted over to match the background.
(b)
In the case of a sign with projecting or movable letters or
symbols, the letters and/or symbols shall be removed.
(c)
In the case of a sign where the message is contained on a panel
that is inserted into the sign frame or structure, the message panel
shall be replaced with a blank panel.
(d)
In the case of a sign where the message cannot be removed without
also removing the sign structure, the structure shall be removed unless
the owner demonstrates that the sign message could reasonably apply
to the next occupant of the building or premises. If the sign message
does not accurately identify or advertise the next occupant of the
building or premises, or any product, service or other item available
at the premises, the sign structure shall be removed prior to the
issuance of a certificate of occupancy for the next succeeding occupant.
B.
Signs in residence districts.
(1)
Signs accessory to one- and two-family residences are permitted
as follows:
(1.1)
One nameplate sign not more than two square feet in area which
may be either a nonilluminated or an illuminated nonflashing sign,
provided the direct source of light is shielded in such a manner that
it is not visible from the street or any adjoining residential property
unless a porch light or lamp post light.
(1.2)
A nonilluminated, temporary real estate sign pertaining to the
lease or sale of the premises upon which it is placed, not exceeding
four square feet in total area, provided that it shall be removed
within seven days after the consummation of a lease or sale transaction,
and further provided said sign shall be placed in the front yard.
Such signs shall comply with the following restrictions:
(a)
The message on said sign shall be limited to the name of the
listing firm, the name of the agent, the telephone number and the
words "For Sale", "For Rent" or words of similar import.
(b)
The following additional supplemental real estate signs are
permitted: A maximum of two additional off-site directional real estate
signs, subject to the following additional restrictions:
(i)
Limited to "Open House" viewings.
(ii)
Permitted within the street right-of-way and shall
be limited to the nearest intersecting streets. Additional locations
shall require approval by the Zoning Office. No real estate sign shall
be permitted within traffic islands and provided, further, that sight
distance views are not obstructed by sign placement.
(iii)
Real estate signs not located on site shall be
limited to Saturday and Sunday only. Off-site signs proposed during
weekdays (Monday - Friday) shall require approval by the Zoning Office.
[Added 6-19-2008 by Ord.
No. 13-2008]
(1.3)
Subdivision developments involving six or more residential lots
may erect temporary signs as approved by the Planning Board, provided
all of the following requirements are complied with:
(a)
Every sign constructed shall be located at least one-half the
minimum front yard set back from a street and shall otherwise meet
the yard requirements of the zone in which it is located.
(b)
At each entrance of a development, one nonilluminated sign no
larger than 30 square feet is permitted pertaining to said development,
provided no more than two such signs per development are permitted.
(c)
All signs permitted under this section shall be removed within
seven days after the consummation of a lease or sale transaction of
the last house in the development.
(d)
All signs permitted under this section shall be continuously
maintained so that they remain legible and serve their intended purpose.
(2)
A multifamily housing development may display one freestanding
identification sign not exceeding eight square feet in area. Said
sign shall be placed at the entrance to the development and shall
be located no closer than eight feet from a property line or street
right-of-way line. Such sign may be illuminated as specified in Section
13-5.8A(5.3).
(3)
Campaign signs for public office, or other noncommercial political
signs may be posted on a premises, provided that the total area of
all such signs posted on the premises may not exceed 12 square feet,
and provided, further, that any campaign signs for public office shall
be removed within three days after the election shall have taken place.
Consistent with the intent of the sign ordinance to reduce sign clutter
in order to promote an attractive visual environment for all residents
of the Borough's residential neighborhoods, while leaving open adequate
channels of communication for Borough residents to freely express
their political and other noncommercial viewpoints, the Borough encourages,
but does not require, that residents limit the posting of campaign
signs for public office to a thirty-day period prior to the election.
[Amended 8-21-2008 by Ord. No. 19-2008]
(4)
Institutional uses may display one wall sign or one freestanding
or ground sign not exceeding 12 square feet in area and a height of
four feet identifying the name of the facility and pertinent information
relating to its activities. Such signs may be illuminated as specified
in Sections 13-5.8A(5.3) and (5.4).
(5)
None of the signs permitted in the residential zones, except
a sign as permitted and regulated in Section 13-5.8B(2) shall be erected
nearer any street or road than half the setback required for the principal
building to be erected on said plot, provided that a nameplate sign
not more than 72 square inches in area as regulated above may be placed
anywhere within the front yard; provided, however, that this section
shall not apply to temporary real estate signs, campaign signs for
public office or other political signs.
C.
Signs in the B-1, B-2, B-4, and B-5 and C-1 Zones. In the B-1, B-2, B-4, and B-5 and C-1 Zones, signs as applicable are permitted as regulated in§ 13-5.8B, except those referred to in § 13-5.8B(1) and (2); provided, however, that the temporary real estate signs may contain a total area not exceeding 20 square feet. In addition, other business signs as hereinafter regulated are permitted:
[Amended 12-21-2000 by Ord. No. 12-2000; 6-19-2008 by Ord. No. 13-2008; 12-16-2010 by Ord. No. 13-2010; 5-5-2022 by Ord. No. 5-2022]
(1)
Wall signs in connection with business establishments shall
be subject to the regulations set forth below:
(1.1)
Wall signs in the B-1, B-2, B-4 and B-5 Zones. A business establishment
shall be permitted wall signs on each building wall of the establishment
that faces on a street subject to the following conditions:
(a)
A business establishment shall be permitted only one wall sign
on each wall of the establishment that faces on a street; provided,
however, that on a building wall facing on Speedwell Avenue that is
broken into distinct sections by piers, columns, pilasters or similar
architectural elements, one wall sign may be erected on each section
subject to the following conditions and limitations:
(i)
All such signs shall be uniform in terms of style,
height design and materials.
(ii)
The total area of all such signs shall not exceed
the maximum sign area permitted for the building wall.
(iii)
The total width of all such signs shall not exceed
the maximum sign width permitted for the building wall.
(iv)
All such signs shall be placed at the same height
on the building wall.
(b)
All wall signs shall be consist of flat signboards mounted flush
to the building wall or raised letters mounted on a frieze or breakboard
which is an integral part of the building facade.
(c)
Wall signs shall be limited to the first story facade on buildings
containing more than one story.
(d)
All signboards shall be constructed of painted wood, wood-like
or wood-appearing material. Lettering and other sign message elements
shall consist of one of the following:
(e)
Signboards and friezes shall be uniformly painted in dull or
matte finish colors with contrasting colors for lettering and other
message elements, all compatible with the facade colors and materials.
All signs shall be limited to three colors, including background,
lettering and other design elements. Within the B-1 and B-5 Districts,
signboards and friezes shall be of a dark green background with gold
lettering. The use of awnings as permitted by this section shall also
be limited to the dark green color and shall be coordinated with the
overall design theme of the downtown business district.
(f)
No wall sign shall obscure significant architectural features
or details.
(g)
The total area of all wall signs on a single wall shall not
exceed one square foot of sign area for each linear foot of store
frontage, but not more than 40 square feet.
(h)
Except for individual letters applied to a frieze or breakboard,
no wall sign shall exceed a height of two feet. Individual letters
applied to a frieze or breakboard shall not exceed 12 inches in height.
(i)
The total width of all wall signs, including the width of individual
lettering applied to a frieze or breakboard, shall not exceed 50%
of the width of the wall of the establishment.
(j)
The lighting of signs shall be limited to indirect lighting,
spotlighting or backlighting. Internally lighted signs are prohibited.
There shall be no light spillage beyond the sign area.
(k)
Any business establishment having a rear customer/patron entrance
which faces on a parking lot may display one wall sign identifying
the rear customer/patron entrance to the establishment. Said sign
shall not exceed four square feet in area and may be illuminated only
by indirect lighting, spot lighting or backlighting. Said sign shall
be consistent with signage used on the front of the building in terms
of style, materials and colors.
(1.2)
Wall signs in the C-1 Zone.
(a)
A business establishment shall be permitted only one wall sign
on each wall of the establishment that faces on a street; provided,
however, that on a building wall facing on Route 10 that is broken
into distinct sections by piers, columns, pilasters or similar architectural
elements, one wall sign may be erected on each section subject to
the following conditions and limitations:
(b)
All wall signs shall be erected parallel to the face of the
building except where otherwise hereinafter provided.
(c)
No wall sign shall be located above the first floor of any building
unless that building contains a single use.
(d)
No sign shall extend farther than 12 inches from the face of
the building upon which it is attached. Where a sign extends more
than three inches from the face of a wall the bottom of said sign
shall not be closer than eight feet from the ground level below said
sign.
(e)
No wall sign shall exceed a height of three feet or 10% of the
height of the wall to which it is attached, whichever is the lesser.
(f)
The maximum width of any sign shall not exceed 50% of the width
of the wall of the establishment to which it is attached, but in no
event greater than 20 feet, except for an unlighted or indirectly
lighted wall sign consisting only of painted or raised lettering,
not more than 12 inches in height, and applied to a wall or flat wall
panel, which may extend to a width of 50% of the width of the wall
of the establishment.
(g)
The total area of any sign shall not exceed one square foot
of sign area for each linear foot of store frontage, but not more
than 40 square feet.
(h)
Any business establishment having a rear customer/patron entrance
which faces on a parking lot may display one wall sign identifying
the rear customer/patron entrance to the establishment. Said sign
shall not exceed four square feet in area and may be illuminated only
by indirect lighting, spot lighting or backlighting.
(2)
Where a business establishment has a canopy or marquee constructed
as an integral part of the building, a sign may be attached to the
canopy or marquee in place of a permitted wall sign, provided that:
(3)
Awning signs.
(3.1)
In the B-1 and B-5 Zones, only roll-up or retractable awnings
are permitted. All such awnings on a single building shall be uniform
in terms of style and colors. Signage on such awnings shall be limited
to lettering on the front, vertical flap. Said lettering shall not
exceed six inches in height or cover more than 50% of the width of
the awning.
(3.2)
In the B-2, B-4 and C-1 Zones, where the business establishment
has an awning attached to the building, a sign may be displayed on
the vertical face of the awning in place of a permitted wall sign,
provided that:
(a)
The message on the sign may include only the name of the business,
the street number, the principal product or service offered and the
business emblem or logo.
(b)
The width of the message on the awning shall not exceed 50%
of the width of the wall of establishment to which the awning is attached,
but in no event greater than 20 feet.
(c)
The height of the lettering shall not exceed 12 inches, including
any logo.
(4)
If a building in the B-1, B-2, B-4 or B-5 Zone contains more
than one establishment, the signs permitted in Paragraphs (1.1) and
(1.2) above shall be uniform in terms of design, colors, height of
background, style and height of lettering, and position on building
wall. In the case of a new sign for an individual establishment in
a preexisting multi-use building, the new sign shall be consistent
with the design of existing signs where a uniform pattern has been
established. If no uniform pattern has been established, the new sign
shall, to the greatest extent possible, follow the pattern of the
existing sign or signs which most closely fulfill the objectives of
these regulations. These provisions shall in no way be construed as
allowing a sign which violates applicable limitations as to size,
dimension or location. The owner, as well as individual tenants of
a multi-use building, shall be responsible for compliance with these
regulations.
(5)
In addition to wall signs, a business or commercial establishment
is permitted permanent window signs painted on the inside of the glass
area of the building which may consist only of the name of the establishment,
the proprietor's name, the telephone number of the establishment and
the days and hours of operation. The total area of all such signs
shall not exceed 5% of the glass area to which it is attached.
(6)
Neon signs located in a window, but inside the building, are
permitted subject to the following limitations:
(6.1)
There shall be no more than one neon sign per window and no
more than two neon signs per business establishment. For the purpose
of this section, a "window" is a pane of glass or multiple panels
of glass with a common structural frame.
(6.2)
A neon sign shall not exceed 5% of the area of the window in
which it is displayed nor more than six square feet.
(6.3)
A neon sign shall contain no more than two colors, including
white.
(6.4)
Neon signs shall not be operated with flashing or intermittent
illumination.
(6.5)
The message or wording of the sign shall be limited to one of
the following:
(7)
In addition, to the foregoing signs, any business property,
except a public garage and except in the B-1 and B-5 Zones, is permitted
one freestanding sign, subject to the following conditions:
(7.1)
In the B-2 and B-4 Zones, the illumination of any such sign
shall be by indirect lighting.
(7.2)
Said sign shall be located in the front yard and at least 20
feet from a property line, at least eight feet from a street right-of-way
line and at least 25 feet from the intersection of street right-of-way
lines.
(7.3)
The area of said sign shall not exceed one square foot for each
linear foot of front yard setback or 20 square feet, whichever is
the lesser.
(7.4)
The height of the sign structure, including its supporting members,
shall not exceed seven feet.
(7.5)
The bottom of the sign display area shall be at least two feet
above the ground surface and no vertical or horizontal dimension of
the sign surface shall exceed five feet.
(7.6)
Said sign shall be permitted two display surfaces arranged back-to-back
and shall display only the name and address of the property and the
use located on the site. If a site contains more than one establishment,
the sign may display only the name and address of the property and
the uses located on the site.
(7.7)
Said sign shall be constructed of painted wood, woodlike or
wood-appearing material and shall be painted in dull or matte finish
colors with contrasting colors for lettering and other message elements.
Lettering and other message elements shall be in contrasting colors
and shall consist of flat, raised or carved design.
(8)
Public garages and motor vehicle service stations may display
only the following signs which are deemed customary and necessary
to their respective business:
(8.1)
Wall signs as regulated in Paragraph (1.1) above.
(8.2)
One freestanding sign advertising the name of the garage, including
any special company or brand name, insignia or emblem, provided that
each such sign shall not exceed 30 square feet in area on a side and
shall be erected not less than 10 feet from the property line and
not more than 20 feet above ground. The bottom of the sign shall not
be less than 10 feet above the top of a curb of any adjoining intersection.
(8.3)
Customary lettering on or other insignia which are a structural
part of a gasoline pump, consisting only of the brand name of gasoline
sold, lead warning sign, a price indicator and any other such sign
required by law and not exceeding a total of three square feet of
each pump.
(8.4)
If a motor vehicle service station has a canopy over the pump
island, each face of the canopy which is visible from a street may
display a sign consisting only of the brand name and brand logo or
insignia. Said sign shall not extend above, below or beyond the edge
of the face of the canopy. The lettering of the sign shall not exceed
a height of one foot.
(8.5)
One portable sign, such as an "A" frame or wheelbased sign,
located inside the property line and specifically advertising special
seasonal servicing of automobiles, provided that said sign does not
exceed seven square feet in area. Said sign shall be displayed only
during the hours of operation.
D.
Signs in the B-3 Zone. No sign shall be permitted in the B-3 Zone
which is not necessary to the business conducted on the premises.
Signs are permitted, provided all of the following requirements are
complied with:
[Amended 6-19-2008 by Ord. No. 13-2008]
(2)
Wall signs in the B-3 Zone. A business establishment shall be
permitted only one wall sign on each wall of the establishment that
faces on a street; provided, however, that on a building wall facing
on Route 10 that is broken into distinct sections by piers, columns,
pilasters or similar architectural elements, one wall sign may be
erected on each section subject to the following conditions and limitations:
(2.1)
All such signs shall be uniform in terms of style, height, design
and materials. Within the B-3 District the primary theme colors shall
be limited to red, white and blue.
(2.2)
A maximum sign area of 15% or 50 square feet, whichever is lesser,
is permitted.
(2.3)
The total width of all such signs shall not exceed 2/3rds (66%)
of the width of the tenant space.
(2.4)
All such signs shall be placed at the same height on the building
wall.
(2.5)
All wall signs shall be erected parallel to the face of the
building except where otherwise hereinafter provided.
(2.6)
No wall sign shall be located above the first floor of any building
unless that building contains a single use.
(2.7)
No sign shall extend farther than 12 inches from the face of
the building upon which it is attached. Where a sign extends more
than three inches from the face of a wall, the bottom of said sign
shall not be closer than eight feet from the ground level below said
sign.
(2.8)
No wall sign or lettering height shall exceed a height of 42
inches.
(2.9)
Any business establishment having a rear customer/patron entrance
which faces on a parking lot may display one wall sign identifying
the rear customer/patron entrance to the establishment. Said sign
shall not exceed four square feet in area and may be illuminated only
by indirect lighting, spot lighting or backlighting.
E.
Signs in the OB, I, L-1 and L-2 Zones. In the OB, I, L-1 and L-2
Zones, signs are permitted, provided all of the following requirements
are complied with:
[Amended 12-21-2000 by Ord. No. 12-2000; 12-18-2003 by Ord. No. 26-2003]
(1)
Signs in the I and L-2 Zones shall be permitted the following:
(1.1)
One freestanding sign, provided said sign is not closer than
50 feet to any property line and is accessory to the business conducted
on the property.
(1.2)
The length of the permitted sign is not over 10% of the width
of the building that the sign will set in front of, but in no case
shall the length of the sign exceed 20 feet.
(1.3)
The height of said sign shall not exceed one-half the length
as permitted above, but in no case shall the height of the sign exceed
eight feet.
(1.4)
On any property located in either the I or L-2 Zone which has
two driveway openings separated by at least 300 feet, there shall
be permitted two freestanding signs, provided the same are located
at least 200 feet apart, and further provided that neither sign exceeds
50% of the maximum permitted area determined by multiplying the maximum
length as provided in Paragraph (1.2) above by the maximum height
as provided in Paragraph (1.3) above.
(2)
Signs in the L-1 Zones shall be permitted the following:
[Added 12-18-2003 by Ord.
No. 26-2003]
(2.1)
Freestanding sign(s) shall be permitted at each driveway opening,
provided said sign is not closer than 20 feet to any street right-of-way
and 150 feet to any property line and is accessory to the business
conducted on the property.
(2.2)
The length of the permitted sign shall not exceed 10% of the
width of the building that the sign shall be placed in front of, but
in no case shall the sign exceed 20 feet.
(2.3)
The height of said sign shall not exceed one-half the length
as permitted above, but in no case shall the height of the sign exceed
eight feet.
(3)
Signs in the OB Zone shall be permitted one freestanding sign
as permitted in Section 13-5.8C(7).
(4)
In the OB, I, L-1 and L-2 Zones, signs attached to a building
shall be permitted as found in Section 13-5.8C(1.2).
(5)
A freestanding, temporary real estate sign advertising the lease
or sale of the premises, not exceeding 20 square feet in area, which
shall be located at least 25 feet from any street or property line.
F.
Signs in off-street parking areas. In all nonresidential zones, entrance, exit, identification and condition-of-use signs are permitted in conjunction with off-street parking facilities as permitted in Section 13-5.7, provided all of the following requirements are complied with:
(1)
The number of such signs shall be limited to those deemed to
be essential to the safe operation of the off-street parking facility
by the Planning Board and as may be shown on a site plan approved
pursuant to Article 4.
(2)
The area of any such sign shall not exceed four square feet.
(3)
No sign shall be so located that it will interfere with the
safe operation of vehicles within the off-street parking facility
or while entering or leaving the facility.
(4)
All signs shall be continuously maintained so that they remain
legible and serve their intended purpose.
[Added 12-15-2011 by Ord.
No. 17-2011]
A.
Purpose. The purpose of this section is to regulate the intensity
of use in areas of steeply sloping terrain in order to limit soil
loss, erosion, excessive stormwater runoff, the degradation of surface
water and to maintain the natural topography and drainage patterns
of land.
B.
Background. Disturbance of steep slopes results in accelerated erosion
processes from stormwater runoff and the subsequent sedimentation
of water bodies with the associated degradation of water quality and
loss of aquatic life support. Related effects include soil loss, changes
in natural topography and drainage patterns, increased flooding potential,
further fragmentation of forest and habitat areas, and compromised
aesthetic values. It has become widely recognized that disturbance
of steep slopes should be restricted or prevented based on the impact
disturbance of steep slopes can have on water quality and quantity,
and the environmental integrity of landscapes.
C.
Applicability. This section shall be applicable to new development
or land disturbance on a steep slope within the Borough of Morris
Plains.
D.
DEVELOPMENT
DISTURBANCE
IMPERVIOUS SURFACE
REDEVELOPMENT
STEEP SLOPES
Definitions. Unless specifically defined below, words or phrases
used in this section shall be interpreted so as to give them the meaning
they have in common usage and to give this section its most reasonable
application. The definitions below are based upon or consistent with
the definitions found in the New Jersey Water Quality Management Planning
rules at N.J.A.C. 7:15.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any
building or other structure, or of any mining, excavation or landfill,
and any use or change in the use of any building or other structure,
or land or extension of use of land, for which permission may be required
pursuant to N.J.S.A. 40:55D-1 et seq.
The placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing, cutting, or removing of vegetation.
Any structure, surface, or improvement that reduces or prevents
absorption of stormwater into land, and includes porous paving, paver
blocks, gravel, crushed stone, decks, patios, elevated structures,
and other similar structures, surfaces, or improvements.
The construction of structures or improvements on areas which
previously contained structures or other improvements.
Any slope equal to or greater than 20%. Steep slopes are
determined based on contour intervals of two feet or less.
[Amended 11-9-2017 by Ord. No. 14-2017]
E.
Designation of areas. The percent of slope (rise in feet per horizontal
distance) shall be established by measurement of distance perpendicular
to the contour of the slope. The percent of slope shall be calculated
for each two-foot contour interval. For example, any location on the
site where there is a one-foot rise over a ten-foot horizontal run
constitutes a ten-percent slope; a 1.5-foot rise over a ten-foot horizontal
run constitutes a fifteen-percent slope; a two-foot rise over a ten-foot
horizontal run constitutes a twenty-percent slope.
F.
Steep slope limits.
[Amended 11-9-2017 by Ord. No. 14-2017]
(1)
The applicant shall demonstrate through site plans depicting
proposed development and topography that new disturbance is not located
in areas with a twenty-percent or greater slope.
(1.1)
For steep slopes, any disturbance shall be prohibited except
as provided below: development within the limits of existing impervious
surfaces; and
(1.2)
New disturbance necessary to protect health, safety or welfare,
such as necessary linear development with no feasible alternative;
to provide an environmental benefit, such as remediation of a contaminated
site; to prevent extraordinary hardship on the property owner peculiar
to the property; or to prevent extraordinary hardship, provided the
hardship was not created by the property owner, that would not permit
a minimum economically viable use of the property based upon reasonable
investment. For example, redevelopment, within the footprint of existing
impervious cover should be allowed to support efforts to revitalize
development that has fallen into disrepair.
G.
General standards.
(1)
Steep slope map details.
(1.1)
A plan shall be drawn by a licensed professional engineer at
a scale of not less than one inch equals 30 feet.
(1.2)
Existing and proposed grades represented by contours at two-foot
intervals.
(1.3)
Slope classification map indicating existing grade categories
as follows: 0% to 14.99%; 15% to 19.99%; 20% to 24.99%; 25% to 29.99%;
and slopes 30% or more. A table indicating the degree of slope disturbance
shall be provided.
(1.4)
Existing and proposed elevations at all plot corners, building
corners, centers of swales, disposal bed corners, and at the location
of all changes in direction of stormwater flow.
(1.5)
Proposed elevations at changes in grade of driveways and walks,
as well as the proposed and existing curb, sidewalk, and road elevations
at the plot corners and at changes in grade.
(1.6)
The location of the proposed dwelling, including the location
of the garage, all overhangs, the number of stories of the dwelling,
and the proposed elevation of all floors, cellar and garage and all
setback distances.
(1.7)
The location of proposed pedestrian and vehicular facilities,
including walks, roads, drives or parking areas with both vertical
and horizontal alignments properly dimensioned.
(1.8)
Drainage study as deemed applicable or required by the Planning
Board, Board of Adjustment and/or the Borough Engineer.
(1.9)
The proposed elevations of the levels of land above and below
retaining walls as well as top of wall elevations.
(1.10)
The disposition and extent of topsoil to be
removed or backfilled.
(1.11)
The disposition and extent of all other soil
to be removed and backfilled.
(1.12)
The plans and specifications for any proposed
retaining walls, steps, fences or other protective structures.
(2)
General conditions.
(2.1)
No soil shall be excavated, removed, deposited or disturbed
within an area of steep slopes except as a result of and in accordance
with the terms of this section.
(2.2)
Proposed disturbances of soil shall be for purposes consistent
with the intent of this section and it shall be controlled in a manner
that will not cause excessive erosion or other unstable conditions.
(2.3)
Provision shall be made for the proper disposition of surface
water runoff, both during and post construction, so that it will not
create unstable conditions. Appropriate storm drainage facilities
shall be constructed as deemed necessary and adequate protective measures
shall be provided for downstream properties. Any proposed building
or structure or attendant protective measures shall not impede the
flow of surface waters through any watercourse.
(2.4)
All structures shall be constructed in all instances on slopes
that do not exceed 20%.
(2.5)
All public and private streets and roadways shall follow, to
the extent possible, the existing natural terrain and slope. Such
improvements shall be constructed in all instances on slopes that
do not exceed 20%.
(2.6)
Any fill placed on the lot shall be properly stabilized and,
when found necessary depending upon existing slopes and soil types,
supported by retaining walls or other appropriate structures as approved
by the Borough Engineer.
(2.7)
All cuts/fills shall be supported by retaining walls or other
appropriate retaining structures, when depending upon the nature of
the soil characteristics, such structures are found necessary by the
Borough Engineer in order to prevent erosion and achieve greater soil
stabilization.
(3)
Borough Engineer technical review and deposit fee. In the case
of any land disturbance or application for a building permit that
does not require a Planning Board or Board of Adjustment application,
the applicant shall provide the information required by Paragraph
(1) and (2) of this section to the Borough Engineer for review and
approval prior to the issuance of a building permit or any land disturbance.
The applicant shall submit to the Borough a $500 technical review
escrow deposit fee to cover the cost of the Borough Engineer's review.
H.
Enforcement. A prompt investigation shall be made by the appropriate
personnel of the Borough of Morris Plains of any person or entity
believed to be in violation hereof. If, upon inspection, a condition
which is in violation of this section is discovered, a civil action
may be commenced in the Special Civil Part of the Superior Court,
or in the Superior Court, if the primary relief sought is injunctive
or if penalties may exceed the jurisdictional limit of the Special
Civil Part, by the filing and service of appropriate process. Nothing
in this section shall be construed to preclude the right of the Borough
of Morris Plains, pursuant to N.J.S.A. 26:3A2-25, to initiate legal
proceedings hereunder in the Municipal Court of the Borough of Morris
Plains. The violation of any section or subsection of this section
shall constitute a separate and distinct offense independent of the
violation of any other section or subsection, or of any order issued
pursuant to this section. Each day a violation continues shall be
considered a separate offense.
[Added 12-15-2011 by Ord.
No. 17-2011]
A.
Purpose and authority. The purpose of this section is to designate
riparian zones, and to provide for land use regulation therein in
order to protect the streams, lakes, and other surface water bodies
of the Borough of Morris Plains and to comply with N.J.A.C. 7:15-5.25(g)3,[1] which requires municipalities to adopt an ordinance that
prevents new disturbance for projects or activities in riparian zones
as described herein. Compliance with the riparian zone requirements
of this section does not constitute compliance with the riparian zone
or buffer requirements imposed under any other federal, state or local
statute, regulation or ordinance.
[1]
Editor's Note: N.J.A.C. 7:15-5.25 was repealed by R.2016d.149,
effective 11-7-2016.
B.
ACID-PRODUCTING SOILS
APPLICANT
CATEGORY ONE WATERS or C1 WATERS
DISTURBANCE
INTERMITTENT STREAM
LAKE, POND, or RESERVOIR
PERENNIAL STREAM
RIPARIAN ZONE
SPECIAL WATER RESOURCE PROTECTION AREA or SWRPA
SURFACE WATER BODY(IES)
THREATENED OR ENDANGERED SPECIES
TROUT MAINTENANCE WATER
TROUT PRODUCTION WATER
Definitions. Unless specifically defined below, words or phrases
used in this section shall be interpreted so as to give them the meaning
they have in common usage and to give this section its most reasonable
application. The definitions below are based upon or consistent with
definitions found in the New Jersey Water Quality Management Planning
rules at N.J.A.C. 7:15, the Stormwater Management rules at N.J.A.C.
7:8, and/or Flood Hazard Area Control Act rules at N.J.A.C. 7:13.
Soils that contain geologic deposits of iron sulfide minerals
(pyrite and marcasite) which, when exposed to oxygen from the air
or from surface waters, oxidize to produce sulfuric acid. Acid-producing
soils, upon excavation, generally have a pH of 4.0 or lower. After
exposure to oxygen, these soils generally have a pH of 3.0 or lower.
Information regarding the location of acid-producing soils in New
Jersey can be obtained from local Soil Conservation District offices.
A person, corporation, government body or other legal entity
applying to the Planning Board, Board of Adjustment or the Construction
Office proposing to engage in an activity that is regulated by the
provisions of this section, and that would be located in whole or
in part within a regulated Riparian Zone.
Shall have the meaning ascribed to this term by the Surface
Water Quality Standards, N.J.A.C. 7:9B, for purposes of implementing
the antidegradation policies set forth in those standards, for protection
from measurable changes in water quality characteristics because of
their clarity, color, scenic setting, and other characteristics of
aesthetic value, exceptional ecological significance, exceptional
recreational significance, exceptional water supply significance,
or exceptional fisheries resources.
The placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing, cutting, or removing of vegetation.
A surface water body with definite bed and banks in which
there is not a permanent flow of water and shown on the New Jersey
Department of Environmental Protection Geographic Information System
(GIS) hydrography coverages or, in the case of a Special Water Resource
Protection Area (SWRPA) pursuant to the Stormwater Management rules
at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle
map or in the County Soil Surveys.
Any surface water body shown on the New Jersey Department
of Environmental Protection Geographic Information System (GIS) hydrography
coverages or, in the case of a Special Water Resource Protection Area
(SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h),
C1 waters as shown on the USGS quadrangle map or in the County Soil
Surveys; that is an impoundment, whether naturally occurring or created
in whole or in part by the building of structures for the retention
of surface water. This excludes sedimentation control and stormwater
retention/detention basins and ponds designed for treatment of wastewater.
A surface water body that flows continuously throughout the
year in most years and shown on the New Jersey Department of Environmental
Protection Geographic Information System (GIS) hydrography coverages
or, in the case of a Special Water Resource Protection Area (SWRPA)
pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h),
C1 waters as shown on the USGS quadrangle map or in the County Soil
Surveys.
The land and vegetation within and directly adjacent to all
surface water bodies, including, but not limited to lakes, ponds,
reservoirs, perennial and intermittent streams, up to and including
their point of origin, such as seeps and springs, as shown on the
New Jersey Department of Environmental Protection's GIS hydrography
coverages or, in the case of a Special Water Resource Protection Area
(SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h),
C1 waters as shown on the USGS quadrangle map or in the County Soil
Surveys. There is no riparian zone along the Atlantic Ocean or along
any man-made lagoon or oceanfront barrier island, spit or peninsula.
A 300-foot area provided on each side of a surface water
body designated as a C1 water or tributary to a C1 water that is a
perennial stream, intermittent stream, lake, pond, or reservoir, as
defined herein and shown on the USGS quadrangle map or in the County
Soil Surveys within the associated HUC 14 drainage, pursuant to the
Stormwater Management rules at N.J.A.C. 7:8-5.5(h).
Any perennial stream, intermittent stream, lake, pond, or
reservoir, as defined herein. In addition, any regulated water under
the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-2.2, or state
open waters identified in a Letter of Interpretation issued under
the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-3 by
the New Jersey Department of Environmental Protection Division of
Land Use Regulation shall also be considered surface water bodies.
A species identified pursuant to the Endangered and Nongame
Species Conservation Act, N.J.S.A. 23:2A-1 et seq., the Endangered
Species Act of 1973, 16 U.S.C. § 1531 et seq. or the Endangered
Plant Species List, N.J.A.C. 7:5C-5.1, and any subsequent amendments
thereto.
A section of water designated as trout maintenance in the
New Jersey Department of Environmental Protection's Surface Water
Quality Standards at N.J.A.C. 7:9B.
A section of water identified as trout production in the
New Jersey Department of Environmental Protection's Surface Water
Quality Standards at N.J.A.C. 7:9B.
C.
Establishment and protection of Riparian Zones.
(1)
Except as provided in Sections 13-5.10D and 13-5.10E below, riparian zones adjacent to all surface water bodies shall be protected from avoidable disturbance and shall be delineated as follows:
(1.1)
The riparian zone shall be 300 feet wide along both sides of
any Category One water (C1 water), and all upstream tributaries situated
within the same HUC 14 watershed.
(1.2)
The riparian zone shall be 150 feet wide along both sides of
the following waters not designated as C1 waters:
(a)
Any trout production water and all upstream waters
(including tributaries);
(b)
Any trout maintenance water and all upstream waters
(including tributaries) within one linear mile as measured along the
length of the regulated water;
(c)
Any segment of a water flowing through an area
that contains documented habitat for a threatened or endangered species
of plant or animal, which is critically dependent on the surface water
body for survival, and all upstream waters (including tributaries)
within one linear mile as measured along the length of the regulated
water; and
(d)
Any segment of a water flowing through an area
that contains acid-producing soils.
(2)
If a discernible bank is not present along a surface water body,
the portion of the riparian zone outside the surface water body is
measured landward as follows:
(2.1)
Along a linear fluvial or tidal water, such as a stream, the
riparian zone is measured landward of the feature's center line;
(2.2)
Along a non-linear fluvial water, such as a lake or pond, the
riparian zone is measured landward of the normal water surface limit;
(2.3)
Along a non-linear tidal water, such as a bay or inlet, the
riparian zone is measured landward of the mean high water line; and
(2.4)
Along an amorphously shaped feature such as a wetland complex,
through which water flows but which lacks a discernible channel, the
riparian zone is measured landward of the feature's center line.
(3)
The applicant or designated representative shall be responsible
for the initial determination of the presence of a riparian zone on
a site, and for identifying the area of the riparian zone on any plan
submitted to the Borough of Morris Plains in conjunction with an application
for a construction permit, subdivision, land development, or other
improvement that requires plan submissions or permits. This initial
determination shall be subject to review and approval by the Borough
Engineer, Borough Council or its appointed representative, and, where
required by state regulation, the New Jersey Department of Environmental
Protection. In the case of any land disturbance or application for
a building permit that does not require a Planning Board or Board
of Adjustment application, the applicant shall provide the information
required by this section to the Borough Engineer for review and approval
prior to the issuance of a building permit or any land disturbance.
The applicant shall submit to the Borough a $500 technical review
escrow deposit fee to cover the cost of the Borough Engineer's review.
D.
Variances. To the extent allowed by the Stormwater Management Rules
(N.J.A.C. 7:8), the Flood Hazard Area Control Act Rules (N.J.A.C.
7:13), and the Highlands Water Protection and Planning Act Rules (N.J.A.C.
7:38), new disturbances for projects or activities in the riparian
zone established by this section may be allowed through the Zoning
Board of Adjustment/Planning Board review and approval of a variance,
provided the disturbance is proposed to be located on a preexisting
lot (existing as of the effective date of this section) when there
is insufficient room outside the riparian zone for the proposed use
otherwise permitted by the underlying zoning; there is no other reasonable
or prudent alternative to placement in the riparian zone, including
obtaining variances from setback or other requirements that would
allow conformance with the riparian zone requirements; and upon proof
by virtue of submission of appropriate maps, drawings, reports and
testimony, that the disturbance is:
(1)
Necessary to protect public health, safety or welfare;
(2)
To protect an environmental benefit;
(3)
To prevent extraordinary hardship on the property owner peculiar
to the property; or
(4)
To prevent extraordinary hardship, provided the hardship was
not created by the property owner, by not allowing a minimum economically
viable use of the property based upon reasonable investment.
E.
Exceptions. To the extent allowed under the Stormwater Management
Rules (N.J.A.C. 7:8), the Flood Hazard Area Control Act Rules (N.J.A.C.
7:13), and the Highlands Water Protection and Planning Act Rules (N.J.A.C.
7:38), and subject to review and approval by the New Jersey Department
of Environmental Protection to the extent required by those rules,
the following disturbances for projects or activities in the riparian
zone established by this section are allowed:
(1)
Redevelopment within the limits of existing impervious surfaces;
(2)
Linear development with no feasible alternative route;
(3)
Disturbance that is in accordance with a stream corridor restoration
or stream bank stabilization plan or project approved by the New Jersey
Department of Environmental Protection;
(4)
Disturbance necessary to provide for public pedestrian access
or water-dependent recreation that meets the requirements of the Freshwater
Wetlands Protection Act rules, N.J.A.C. 7:7A, the Flood Hazard Area
Control Act rules, N.J.A.C. 7:13, or the Coastal Zone Management rules,
N.J.A.C. 7:7E;[2] or
[2]
Editor's Note: N.J.A.C. Title 7, Ch. 7E, has been repealed.
(5)
Disturbance with no feasible alternative required for the remediation
of hazardous substances performed with New Jersey Department of Environmental
Protection or Federal oversight pursuant to the Spill Compensation
and Control Act, N.J.S.A. 58:10-23.11 et seq., or the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, 42
U.S.C. § 9601 et seq.
F.
Appeals.
(1)
Any party aggrieved by the location of the riparian zone boundary
determination under this section may appeal to the Zoning Board of
Adjustment under the provisions of this section. The party contesting
the location of the riparian zone boundary shall have the burden of
proof in case of any such appeal.
(2)
Any party aggrieved by any determination or decision of the
Zoning Board of Adjustment under this section may appeal to the Borough
Council of the Borough of Morris Plains. The party contesting the
determination or decision shall have the burden of proof in case of
any such appeal.
G.
Enforcement. A prompt investigation shall be made by the appropriate
personnel of the Borough of Morris Plains of any person or entity
believed to be in violation hereof. If, upon inspection, a condition
which is in violation of this section is discovered a civil action
may be commenced in the Special Civil Part of the Superior Court,
or in the Superior Court, if the primary relief sought is injunctive
or if penalties may exceed the jurisdictional limit of the Special
Civil Part, by the filing and service of appropriate process. Nothing
in this section shall be construed to preclude the right of the Borough
of Morris Plains, pursuant to N.J.S.A. 26:3A2-25, to initiate legal
proceedings hereunder in the Municipal Court of the Borough of Morris
Plains. The violation of any section or subsection of this section
shall constitute a separate and distinct offense independent of the
violation of any other section or subsection, or of any order issued
pursuant to this section. Each day a violation continues shall be
considered a separate offense.
[Added 9-20-2018 by Ord.
No. 16-2018]
A.
Minimum required area of the Planned Unit Development (Planned Unit
Development). The minimum required land area for a Planned Unit Development
(Planned Unit Development) shall be 60 acres.
B.
Required components of the Planned Unit Development (Planned Unit
Development). A Planned Unit Development shall contain the following
components:
(1)
A townhouse component consisting of a minimum of ±10
acres with frontage along Tabor Road.
(2)
A multifamily apartment component consisting of a minimum of
±11 acres with frontage along Tabor Road.
(3)
An affordable housing component consisting of a minimum of ±1
acre.
(4)
A retail/service/restaurant component consisting of a minimum
of ±1.5 acres with frontage along Tabor Road.
(5)
A hotel component consisting of a minimum of ±2.75 acres
with frontage along Tabor Road.
(6)
An open space-north component consisting of a minimum of ±18
acres along Tabor Road.
(7)
An open space-west component consisting of a minimum of ±9.5
acres.
(8)
An open space-south component consisting of a minimum of ±5
acres with frontage along Tabor Road.
C.
General development plan (GDP) required. Any developer seeking approval of a planned unit development shall submit a general development plan to the Planning Board, and at the developer's option, simultaneously file an application for subdivision or site plain approval; provided, however, that the Planning Board shall have approved such general development plan prior to the hearing on an application seeking preliminary major subdivision or preliminary major site plan approval pursuant to Chapter 13, Article 4, Section 4.2 of the Land Development Ordinance of the Borough of Morris Plains. The general development plan submission shall be in accordance with Subsection T and the checklist for general development plan approval adopted pursuant to Section 13-4.2G(7) of the Borough ordinance. Notice of a hearing on a general development plan shall be given in the same manner as notice for preliminary major site plan approval under N.J.S.A. 40:55D-12. The hearing on a general development plan shall be governed by the provisions of N.J.S.A. 40:55D-10 and Section 13-3.3, in the same manner as a hearing on an application seeking preliminary major site plan approval.
[Amended 10-18-2018 by Ord. No. 23-2018]
D.
Maximum development yield in the Planned Unit Development (Planned
Unit Development). The maximum development yields within the Planned
Unit Development shall be as follows:
(1)
Notwithstanding any other provisions contained herein, the total
number of residential units shall not exceed 434, of which 73 shall
be affordable to very-low-, low- and moderate-income households.
(2)
Notwithstanding any other provisions contained herein, the total
gross floor area of retail/service/restaurant uses shall not exceed
15,000 square feet.
(3)
Notwithstanding any other provisions contained herein, the total
number of hotel rooms shall not be less than 135 nor more than 200.
E.
Permitted principal uses in the Planned Unit Development (Planned
Unit Development).
(1)
Townhouse component. The following principal uses shall be permitted:
(1.3)
Stacked townhouse dwelling structures, defined as a multifamily
dwelling of at least 12 units where each unit is contained on one
floor and each unit has building access via an individual ground-level
garage.
(2)
Multifamily apartment component. The following principal uses
shall be permitted:
(2.1)
Up to three multifamily apartment buildings, defined as buildings
with 13 or more dwelling units per structure and with each building
having its own common ground-level entrance(s). Any building connected
to another building via a level of parking shall be considered one
building for the purposes of this section.
(3)
Affordable housing component. The following principal uses shall
be permitted:
(3.1)
An affordable multifamily apartment building, defined as a building
with 34 dwelling units and with all of the units sharing a common
ground-level entrance(s).
(4)
Retail/service/restaurant component. The following principal
uses shall be permitted:
(6)
Open space-north component. The following principal uses shall
be permitted:
F.
Permitted accessory uses in the Planned Unit Development (Planned
Unit Development).
(1)
Townhouse component. The following accessory uses shall be permitted:
(1.1)
Off-street parking facilities.
(1.2)
Covered and uncovered patios and decks associated with individual
townhouse and interlocking townhouse units.
(1.3)
Active and passive outdoor recreation facilities.
(1.4)
Individual and common mailboxes, which shall be placed in convenient
locations accessible only from interior development drives and not
closer to any public street than a principal building.
(1.5)
Signage.
(1.6)
Clubhouse and outdoor amenities.
(1.7)
Any other use which is subordinate and customarily incidental
to a permitted principal use.
(2)
Multifamily apartment component. The following accessory uses
shall be permitted:
(2.1)
Off-street parking facilities. Parking shall be a combination
of ground-level/below-building parking and surface parking areas.
(2.2)
Service areas, defined as lobbies, mailrooms, ancillary rooms,
areas, or facilities associated with building service, providing such
features as mechanical facilities, transformers, laundry rooms or
service, and trash and recycling rooms.
(2.3)
Indoor amenities provided for the exclusive use of all building
occupants and guests, such as a fitness center, resident clubhouse
facilities, a cafe, a spa, a cyber cafe, a theater, resident meeting
rooms, a business center, or other lounge and recreation/fitness rooms,
and management and leasing offices.
(2.4)
Outdoor amenities such as swimming pools, tennis courts, gazebos,
barbecue, fireplace and fire pit areas, walking and bicycle trails,
seating areas, parks, playgrounds, plazas, gardens, and other recreational
open space, either private or open to the public, at grade or on rooftops
over ground-level/below-building parking.
(2.5)
Private outdoor terraces and balconies associated with an individual
dwelling unit.
(2.6)
Signage.
(2.7)
Any other use which is subordinate and customarily incidental
to a permitted principal use.
(3)
Affordable housing component. The following accessory uses shall
be permitted:
(3.1)
Off-street parking facilities.
(3.2)
Service areas, defined as lobbies, mailrooms, ancillary rooms,
areas, or facilities associated with building service, providing such
features as mechanical facilities, transformers, laundry rooms or
service, and trash and recycling rooms.
(3.3)
Outdoor amenities such as tot lots and other recreational space.
(3.4)
Signage.
(3.5)
Any other use which is subordinate and customarily incidental
to a permitted principal use.
(4)
Retail/service/restaurant component. The following accessory
uses shall be permitted:
(4.1)
Drive-through windows, provided the Planning Board determines
that there is adequate stacking for vehicles.
(4.2)
Off-street parking and loading facilities.
(4.3)
Outdoor amenities such as seating areas, dining areas, plazas
and planters.
(4.4)
Signage.
(4.5)
Any other use which is subordinate and customarily incidental
to a permitted principal use.
(5)
Hotel component. The following accessory uses shall be permitted:
(5.1)
Off-street parking and loading facilities.
(5.2)
Restaurants and bars, including rooftop facilities.
(5.3)
Fitness centers, including swimming pools.
(5.4)
Business center.
(5.5)
Banquet/ballroom facilities.
(5.6)
Meeting and conference room facilities.
(5.7)
Management offices.
(5.8)
Service areas, defined as ancillary rooms, areas, or facilities
associated with building service, providing such features as mechanical
facilities, transformers, laundry rooms or service, and trash and
recycling rooms.
(5.9)
Ancillary retail.
(5.10)
Signage.
(5.11)
Any other use which is subordinate and customarily
incidental to a permitted principal use.
G.
Development standards in the Planned Unit Development (Planned Unit Development). The intent of these regulations is to encourage creative and innovative design and provide flexibility in terms of how proposed buildings shall visually relate to each other as well as the general landscape and streetscape. As such, the following development standards shall apply. Development standards specific to each of the required components of the Planned Unit Development are provided in Subsections H through M:
(1)
Multiple principal buildings on a lot. Multiple principal buildings
on a lot are permitted, and there shall be no minimum lot area, depth,
width or yard requirements governing development other than as established
herein.
(2)
Subdivision. Nothing contained herein shall preclude the developer
of the Planned Unit Development tract from seeking subdivision approval
for individual components of the Planned Unit Development pursuant
to the terms herein at the time of application for site plan approval
or subsequent to obtaining site plan approval. A cross easement agreement,
in a form reasonably acceptable to the Planning Board attorney, shall
be recorded against the Planned Unit Development tract providing for
the construction, maintenance, access and use of all shared facilities
by the owners of each of the subdivided lots, as appropriate. If the
developer seeks a subdivision for an individual component, the bulk
standards set forth herein for the component for which the subdivision
is obtained shall apply.
(3)
Lots without frontage on public streets. A lot may be developed without frontage on a public street, so long as such lot is provided access to a public street by means of an improved driveway built in accordance with standards set forth in the New Jersey Residential Site Improvement Standards (RSIS) and Section 13-4.14 of the Borough ordinance and the right to such access is established by a perpetual easement recorded in the Morris County Clerk's office or otherwise as provided by law.
(4)
Impervious coverage. Impervious coverage calculations shall
include any lands set aside as open space, whether dedicated to public
use or not.
(5)
Bicycle and walking trail. A bicycle and walking trail of eight
feet in width shall be located along the Tabor Road frontage in all
components. Such trail is encouraged to be continued throughout the
development. In areas not fronting on Tabor Road the trail may be
four feet in width.
(6)
Sidewalks. All sidewalks shall have a minimum width of four
feet.
(7)
Street/Driveway design. All streets and driveways shall comply with the requirements of the New Jersey Residential Site Improvement Standards (RSIS) and Section 13-4.14 of the Borough ordinance.
(8)
Screening of mechanical equipment.
(8.1)
All roof-mounted and ground-mounted mechanical equipment (e.g.,
air conditioning, heating, ventilation ducts and exhaust vents, elevator
overruns, transformers and generators, and similar equipment, but
excluding solar collectors and related equipment) shall be screened.
(8.2)
For pitched-roof buildings, roof-top mechanical equipment shall
be screened in roof wells recessed below the roof line or by solid
and permanent roof-mounted screens. Screening shall be compatible
with the architectural style, materials, and color of the building.
(8.3)
For flat-roof buildings, the mechanical equipment may extend
above the maximum building height by not more than 15 feet; shall
not occupy more than 20% of the surface area of the roof; and shall
be stepped back at least 10 feet with respect to the facade plane
of the building level immediately below it.
(9)
Building materials. No more than three different materials should
be employed as primary materials on a building facade. Within the
chosen primary materials, variation in color, texture and/or pattern
should be employed to create further distinctions. The level of materials,
detailing and articulation should be compatible along all facades.
Materials should be extended around corners and extensions in order
to avoid a "pasted on" appearance. The following are preferred building
materials for facades:
(10)
Open space. Any common open space created as part of a Planned
Unit Development that is not dedicated to and accepted by the Borough
of Morris Plains shall be permanently deed restricted to open space
use. The developer shall establish an organization to own and maintain
any such open space not dedicated to and accepted by the Borough of
Morris Plains. This organization, and its responsibilities for maintenance
of open space, shall be subject to the provisions of N.J.S.A. 40:55D-43.
The provisions of N.J.S.A. 40:55D-43 shall be administered on behalf
of the Borough of Morris Plains by the governing body.
H.
Development standards for townhouse component.
(1)
Required unit distribution and yield. The development yield
shall be as follows:
(3)
Maximum building height. The maximum building height as defined in Section 13-2.1 shall be as follows:
(3.1)
Two-story townhouse dwellings shall be a maximum of 35 feet/two
stories.
(3.2)
Three-story townhouse dwellings shall be a maximum of 46 feet/three
stories.
(3.3)
Interlocking townhouse dwellings shall be a maximum of 46 feet/three
stories.
(3.4)
Stacked townhouse dwellings shall be a maximum of 52 feet/four
stories.
(4)
Maximum impervious coverage: 75%.
(5)
Minimum building setbacks.
(5.1)
Minimum setback from Tabor Road:
(a)
For townhouse or interlocking townhouse dwellings
fronting on Tabor Road the minimum setback shall be 75 feet and the
average setback for all such structures shall be 95 feet, exclusive
of any required right-of-way dedication. The average setback shall
be calculated by averaging the setbacks of each structure fronting
on Tabor Road as measured at the building corners of each facade facing
Tabor Road. Uncovered patios and decks may extend 10 feet into the
required setback.
(b)
For stacked townhouse dwellings the minimum setback
shall be 90 feet and the average setback shall be 95 feet.
(c)
Any setback area from Tabor Road shall be kept
in its natural state where wooded and when natural vegetation is sparse
or non-existent; the Planning Board may require the provision of landscaped
screening.
(d)
No principal or accessory structure, nor any off-street
parking area or other uses, are permitted within the setback area,
with the exception of a walking and bicycle trail.
(6)
Minimum distance between buildings (excluding patios and balconies
or stairs).
(7)
Number of dwelling units in any single building.
(9)
Building design requirements.
(9.1)
Each dwelling unit shall have not fewer than two exposures.
(9.2)
No more than three adjacent dwelling units should be constructed
without providing a front wall setback of not less than two feet.
Variations can be achieved by the type of roof, including the height
of eaves and peaks, and by architectural treatment of the building
facade.
(9.3)
Driveways shall be a minimum of 20 feet in paved width for a
two-car garage, and 10 feet in paved width for a one-car garage.
(9.4)
Common accessory buildings and facilities shall be designed
to harmonize with the overall character of the development and shall
meet the building setback requirements set forth herein.
(10)
Refuse containers. Individual refuse and recyclable storage
space shall be provided within the garages of each townhouse and interlocking
townhouse dwelling unit. There shall be a fully enclosed indoor location
for individual refuse and recyclable storage in the stacked townhouse
dwelling structures, which may be in the garage so long as it does
not impede the ability to park designated vehicles.
(11)
Minimum open space. A park shall be provided with a minimum
8,000 square feet, including areas used for perimeter pathways. All
walkways within and around the park shall have a minimum clear width
of four feet.
I.
Development standards for the multifamily apartment component.
(1)
Maximum development yield: 261 units.
(2)
Required bedroom distribution.
(2.1)
There shall be a minimum of 81 one-bedroom units; a total of
14 one-bedroom units shall be reserved for very-low-, low-, and moderate-income
households.
(2.2)
There shall be a maximum of 180 two-bedroom units; a total of
25 two-bedroom units shall be reserved for very-low-, low-, and moderate-income
households.
(3)
Maximum building height. The maximum building height as defined in Section 13-2.1 shall be four stories/48 feet. However, through landscaping and grading, all buildings fronting on Tabor Road should appear to be no more than three stories/36 feet in height as viewed from Tabor Road.
(4)
Maximum impervious coverage: 75%.
(5)
Minimum setbacks.
(5.1)
Minimum building setback from Tabor Road:
(a)
The minimum building setback from Tabor Road shall
be 87 feet.
(b)
Any setback area from Tabor Road shall be landscaped
with trees, plantings, walking paths, seating areas, as well as berms/hillocks/moundings
as described in Paragraph I(8)(c). Species of landscaping shall include
a variety of deciduous and evergreen types so that greenery and visual
interest is preserved in wintertime.
(c)
No principal building or principal use nor any
off-street parking area shall be permitted in the setback area.
(5.2)
The minimum building setback from internal roadways shall be
13 feet excluding columns, overhangs, balconies, and canopies.
(5.3)
The minimum building setback from parking areas shall be five
feet.
(6)
Minimum distance between buildings: 45 feet, excluding canopies
and balconies.
(8)
Building design requirements.
(8.1)
Building articulation and massing:
(a)
Multifamily apartment building facades shall be
divided vertically and differentiated horizontally to avoid monotonous
and repetitive facades. Any or all of the following strategies may
be used:
(i)
Vertical changes in the facade plane.
(ii)
Changes in materials, color, pattern and/or texture.
(iii)
Use of columns, colonnades, pilasters, balustrades
or similar ornamental features.
(iv)
Changes in the size and rhythm of fenestration/glazing.
(v)
Use of design features such as bay windows, balconies
and terraces.
(vi)
Changes in the roofline such as coping, parapet,
cornice or similar ornamental features.
(b)
The top and roof of multifamily apartment buildings
shall be defined and differentiated with multi-faceted roof shapes
where appropriate to break up the roof line.
(c)
Tower, cupola, and/or other architectural features
are encouraged at building corners where appropriate to accent entries
to the component. These architectural features may rise above the
required maximum building height, not to exceed 15 feet.
(8.2)
Building facade detailing:
(a)
Windows should occupy at least 25% of the facade
area.
(b)
Pedestrian building entries should be clearly visible
and highlighted within facades through projections, recessions and/or
material changes, as well as canopies, awnings, overhangs, and/or
lighting.
(c)
A change of plane and variation in materials and/or
detailing should be provided for any windowless wall area in excess
of 25 feet in length.
(8.3)
Ground-level/below-building parking:
(a)
Any ground-level/below-building parking facing
Tabor Road shall be screened with landscaping such as berms/hillocks/moundings
and plantings. Such berms, hillocks/moundings and plantings shall
be designed as an attractive amenity, with features such as stonework,
uplighting, and decorative plantings.
(b)
Any ground-level/below-building parking should
employ architectural features and materials of a similar or complementary
type and quality as the non-parking portions of the building above.
(c)
Large areas of blank, solid walls are discouraged.
(d)
The pattern of parking level openings should generally
align vertically with the pattern of windows of the building above.
(e)
Window sizing, placement, glazing and grilles/grates
should be designed to minimize headlight glare.
(f)
Any garage doors should be compatible with the
building facade design.
(g)
No parking shall be permitted above the first level
of a building.
(9)
Refuse containers. Refuse and recyclable storage space shall
be provided in a fully enclosed indoor location.
(10)
Affordable housing required.
(10.1)
Fifteen percent of the total number of units
(39 units) developed within the multifamily apartment component shall
be restricted for occupancy by very-low-, low- and moderate-income
households ("affordable units"). At least 50% of the affordable units
shall be available to very-low-income and low-income households and
the remainder of which shall be available to moderate-income households.
A minimum of 13% of the affordable units shall be made available to
very-low-income households, defined as households earning 30% or less
of the regional median income by household size. The affordable units
shall be integrated throughout the buildings in the multifamily apartment
component and shall be constructed to be indistinguishable from the
market-rate units from the exterior of the affordable units.
(10.2)
The affordable units provided in the multifamily
apartment component shall conform to the requirements of the New Jersey
Fair Housing Act, N.J.S.A. 52:27D-301 et seq. ("FHA"); applicable
regulations of the New Jersey Council on Affordable Housing ("COAH");
applicable requirements of the Courts of the State of New Jersey;
and the regulations of the New Jersey Housing and Mortgage Finance
Agency ("NJHMFA"), including, without limitation, the Uniform Housing
Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC").
(10.3)
Very-low-, low- and moderate-income households
of which a member of that household is a veteran shall be given a
preference for occupancy as permitted under N.J.S.A. 52:27D-311 for
up to 50% of the total housing units.
J.
Development standards for the affordable housing component.
(1)
Required development yield: 34 units.
(3)
Maximum building height. The maximum building height as defined in Section 13-2.1 shall be three stories/36 feet.
(4)
Maximum impervious coverage: 75%.
(6)
Minimum square footage of dwelling units. All affordable units
shall meet the minimum unit sizes for multifamily rental new construction
as indicated by the New Jersey Housing and Mortgage Finance Agency
(NJHMFA) as follows:
(7)
Building design requirements.
(7.1)
Building facades in the Affordable Housing Component shall be
of the same quality of construction and employ similar or compatible
materials, architectural treatments, and colors as the buildings in
the Multifamily Apartment Component.
(7.2)
Building articulation and massing:
(a)
The affordable multifamily apartment building facade
shall be divided vertically and differentiated horizontally to avoid
monotonous and repetitive facades. Any or all of the following strategies
may be used:
(i)
Vertical changes in the facade plane.
(ii)
Changes in materials, color, pattern and/or texture.
(iii)
Use of columns, colonnades, pilasters, balustrades
or similar ornamental features.
(iv)
Changes in the size and rhythm of fenestration/glazing.
(v)
Use of design features such as bay windows, balconies
and terraces.
(vi)
Changes in the roofline such as coping, parapet,
cornice or similar ornamental features.
(b)
The top and roof of the affordable multifamily
apartment building shall be defined and differentiated with multi-faceted
roof shapes where appropriate to break up the roof line.
(c)
Tower, cupola, and/or other architectural features
are encouraged at building corners where appropriate. These architectural
features may rise above the required maximum building height, not
to exceed 15 feet.
(7.3)
Building facade detailing:
(a)
Windows should occupy at least 25% of the facade
area.
(b)
Pedestrian building entries should be clearly visible
and highlighted within facades through projections, recessions and/or
material changes, as well as canopies, awnings, overhangs, and/or
lighting.
(c)
A change of plane and variation in materials and/or
detailing should be provided for any windowless wall area in excess
of 25 feet in length.
(8)
Refuse containers. Refuse and recyclable storage space shall
be provided in a fully enclosed indoor location.
(9)
Affordable housing required.
(9.1)
All units (34 units) developed within the affordable housing
component shall be restricted for occupancy by very-low-, low- and
moderate-income households. At least 50% of the units shall be available
to very-low- and low-income households and the remainder of which
shall be available to moderate-income households. A minimum of 13%
of the units shall be made available to very-low-income households,
defined as households earning 30% or less of the regional median income
by household size.
(9.2)
The affordable units provided in the multifamily apartment component
shall conform to the requirements of the New Jersey Fair Housing Act,
N.J.S.A. 52:27D-301 et seq. ("FHA"); applicable regulations of the
New Jersey Council on Affordable Housing ("COAH"); applicable requirements
of the Courts of the State of New Jersey; and the regulations of the
New Jersey Housing and Mortgage Finance Agency ("NJHMFA"), including,
without limitation, the Uniform Housing Affordability Controls, N.J.A.C.
5:80-26.1 et seq. ("UHAC").
(9.3)
Very-low-, low- and moderate-income households of which a member
of that household is a veteran shall be given a preference for occupancy
as permitted under N.J.S.A. 52:27D-311.
K.
Development standards for the retail/service/restaurant component.
(1)
Maximum building height. The maximum building height as defined in Section 13-2.1 shall be one story/30 feet.
(2)
Maximum impervious coverage: 95%.
(4)
Building design requirements.
(4.1)
Building articulation and massing:
(a)
The base of all retail/service/restaurant buildings
should be highlighted with a contrasting material, texture or color
that is heavier in appearance than the main facade cladding, such
as a stone base below a brick facade. The base may also project outwards
from the middle of the building by several inches. The top of the
base cladding may also be capped with a coping, cornice, or other
dimensional transition. Low planters and base planting may be placed
around the base for further emphasis.
(b)
The top of retail/service/restaurant buildings
encompasses the roof and/or roofline. Using features such as distinct
and multiple architectural roof forms, clearly pronounced eaves, and
distinct parapet designs and cornice treatments may achieve a well-defined
building top. Building roof mass may also be broken up by towers,
steeples, gables, shed dormers, and similar elements.
(4.2)
Building transparency:
(a)
Retail/service/restaurants businesses shall have
individual entries at-grade facing walkways. Internal mall-style entries
are prohibited for retail uses. Pedestrian entries for retail/service/restaurant
buildings should be clearly visible and highlighted within the front
facade through projections, recessions, material changes, canopies,
overhangs and/or lighting, not merely punched into the facade.
(b)
Retail/service/restaurant storefront glass windows
shall be transparent, non-tinted glazing. Drive-through window elements
should be architecturally integrated into the building, rather than
appearing to be applied or "stuck on" to the building.
L.
N.
Signage standards in the Planned Unit Development (Planned Unit Development). In addition to the requirements for the individual components as established below, signage shall conform to the general sign provisions of Section 13-5.8A.
(1)
Townhouse, multifamily apartment and affordable housing components.
(1.1)
Ground-mounted identification signs:
(a)
One ground-mounted identification sign shall be
permitted for each component.
(b)
Each sign shall not exceed an area of 35 square
feet on each side.
(c)
Signs shall not extend more than eight feet above
ground level and may be illuminated as specified in Section 13-5.8A(5.3).
(d)
Signs shall not be located closer than 15 feet
from the Tabor Road right-of-way.
(2)
Retail/service/restaurant and hotel components.
(2.1)
Ground-mounted identification signs:
(a)
One ground-mounted identification sign shall be
permitted per component.
(b)
The sign shall not exceed an area of 50 square
feet on each side.
(c)
The sign shall not exceed 12 feet in height.
(d)
The sign shall be set back a minimum of 15 feet
from the Tabor Road right-of-way within 25 feet of a signalized intersection,
and 10 feet from any other right-of-way location.
(2.2)
Wall signs:
(a)
Each establishment may have one wall sign facing
Tabor Road.
(b)
The maximum sign area shall be one square foot
of linear facade, up to a maximum sign area of 50 square feet.
(c)
The sign shall not exceed a height of 42 inches.
(d)
The sign shall be erected parallel to the facade
of the building.
(e)
The sign shall not extend above the facade of the
building.
(f)
The sign shall not extend further than 12 inches
from the facade.
(g)
If a building contains more than one establishment,
signs shall be uniform in terms of design, colors, height of background,
style and height of lettering and position on the building wall.
(2.3)
Awning signs:
(a)
The message on the sign shall include only the
name of the business, the street number, the principal product of
service offered and the business emblem or logo.
(b)
The width of the message on the awning shall not
exceed 50% of the width of the wall of the establishment to which
the awning is attached, but in no event greater than 15 feet.
(c)
The height of the lettering shall not exceed 12
inches, including any logo.
(3)
Alternatively, in order to provide a reasonable level of flexibility
and also to allow for appropriate identification and/or way finding
signage, the developer may prepare and submit a comprehensive sign
plan for the entire planned unit development. Any such comprehensive
sign plan shall be subject to Planning Board approval.
O.
Off-street parking and loading requirements in the Planned Unit Development
(Planned Unit Development).
(1)
Townhouse, multifamily apartment, affordable housing component.
All parking shall comply with the requirements of the New Jersey Residential
Site Improvement Standards (RSIS); including those provisions under
N.J.A.C. 5:21-4.14(e) regarding shared parking standards for mixed-use
developments.
(3)
Hotel component.
(3.1)
One space shall be provided for each guest room in a hotel.
(3.2)
One space for each four seats for restaurant uses.
(3.3)
One space for each 150 square feet of gross floor area shall
be provided for conference facilities.
(3.4)
One space for each 100 square feet of gross floor area shall
be provided for banquet/ballroom facilities.
(4)
Shared parking is permitted and encouraged as a means to reduce
the total parking supply that would otherwise be required based on
the above parking ratios. If a shared parking approach is followed,
the developer shall provide a shared parking study for review and
approval by the Planning Board.
(5)
A minimum of one loading space shall be provided in each of
the retail/service/restaurant and hotel components.
P.
Landscaping and fencing requirements in the Planned Unit Development
(Planned Unit Development).
(1)
An overall landscaping plan shall be submitted indicating the
type, size and spacing of all grasses, plants, shrubs, evergreen and
deciduous trees and shall include landscaping site details for any
other decorative features.
(2)
All areas not devoted to buildings or paved surfaces shall be
landscaped as deemed appropriate by the Planning Board, excluding
any deed-restricted open space lots.
(3)
Street trees which are tolerant of roadway and parking lot environments
shall be installed as part of the Planned Unit Development.
(4)
Except for existing preserved or transplanted vegetation, evergreen
trees shall be a minimum of eight feet in height above the root ball
when installed. All deciduous trees shall be a minimum of 2 1/2
inch caliper and at least 50% of all deciduous trees shall be of a
species native and indigenous to the area. Shrubs used as foundation
and screen planting shall be at least two feet in height above the
root ball when installed.
(5)
Fences, low walls and ornamental metalwork, each not exceeding
permitted height under Section 13-5.2B(6), and hedges are permitted
where appropriate to define parking areas, pedestrian walks and like
spaces. Masonry elements may include brick, stone or stucco. All fencing
shall have decorative caps, rails and posts. Chain-link fencing shall
not be used for decorative purposes.
(6)
Driveway crossings, walking and bicycle trails and stormwater
management facilities shall be permitted in landscaped areas.
Q.
Outdoor lighting requirements in the Planned Unit Development (Planned
Unit Development).
(1)
Site lighting and streetlighting shall incorporate decorative
fixtures and poles. Standard fixture and pole details shall be approved
by the Planning Board.
(2)
Streets, parking areas and walkways shall provide adequate lighting
with fixtures not exceeding an overall height of 15 feet above grade
in the case of streets and parking areas and 15 feet in the case of
walkways. Such fixtures shall minimize adverse visual impacts, such
as glare and overhead sky glow, on adjacent properties and on any
public right-of-way. Light cutoff shields shall be provided where
fixtures abut a residential use and in other locations as directed
by the Planning Board Engineer.
(3)
Use of low-wattage metal halide, color-corrected sodium or LED
light sources is required. Non-color-corrected low-pressure sodium
and mercury vapor light sources are prohibited.
(4)
Building facade lights shall be incorporated into the overall
lighting plan design; all fixtures shall be of compatible design and
detail with site and streetlights.
(5)
Lighting levels at all exterior tract boundary lines shall not
exceed 0.1 footcandle, except where driveways/streets intersect with
a public street and where lighting levels along Tabor Road must meet
NJDOT criteria.
R.
Utility and drainage improvements. All buildings in the Planned Unit
Development shall be served by public water and public sanitary sewerage
systems. All utility improvements shall be located underground. All
utility improvements, including, but not necessarily limited to, storm
drainage collection and conveyance systems, stormwater management
systems/facilities, sanitary sewerage collection and disposal systems,
water supply, gas, electric, telephone and cable television utilities,
shall be subject to review and approval by the Planning Board in accordance
with the standards and procedures established at N.J.A.C. 5:21 et
seq. (Residential Site Improvement Standards), the New Jersey Department
of Environmental Protection, and appropriate county and other state
agencies and utility companies having jurisdiction where applicable.
S.
Construction phasing schedule for the affordable units. The 73 affordable
housing units ("AHUs") shall be constructed pursuant to the following
construction phasing schedule. Prior to the issuance of a certificate
of occupancy for the 92nd market-rate residential unit (regardless
of whether the market-rate residential units are located in the townhouse
component or the multifamily apartment component), certificates of
occupancy must be issued for eight AHUs. Prior to the issuance of
a certificate of occupancy for the 181st market-rate residential unit
(regardless of whether the market-rate residential units are located
in the townhouse component or the multifamily apartment component),
certificates of occupancy must be issued for a total of 37 AHUs. Prior
to the issuance of a certificate of occupancy for the 271st market-rate
residential unit (regardless of whether the market-rate residential
units are located in the townhouse component or the multifamily apartment
component), certificates of occupancy must be issued for a total of
55 AHUs. Prior to the issuance of a certificate of occupancy for the
325th market-rate residential unit (regardless of whether the market-rate
residential units are located in the townhouse component or the multifamily
apartment component), certificates of occupancy must be issued for
a total of 73 AHUs.
T.
Findings for planned developments. Prior to approving a planned unit
development, the Planning Board shall render the following findings
and conclusions pursuant to N.J.S.A. 40:55D-45:
(1)
That departures by the proposed development from zoning regulations
otherwise applicable to the subject property conform to the zoning
ordinance standards pursuant to subsection 52c. of this act [40:55D-65];
(2)
That the proposals for maintenance and conservation of the common
open space are reliable, and the amount, location and purpose of the
common open space are adequate;
(3)
That provision through the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic,
and the amenities of light and air, recreation and visual enjoyment
are adequate;
(4)
That the proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established;
(5)
In the case of a proposed development which contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and of the residents, occupants
and owners of the proposed development in the total completion of
the development are adequate.
U.
General development plan requirements.
(1)
Required contents. The general development plan (exclusive of
required reports and other written documentation) shall be submitted
at a scale of approximately one inch equals 100 feet or such scale
permitting the entire tract to be shown on a single sheet not larger
than 42 inches by 60 inches. Enlargement of portions of the general
development plan may be submitted on separate sheets of the same size.
A general development plan shall include the following:
(1.1)
An existing conditions plan indicating all New Jersey Department
of Environmental Protection (NJDEP) regulated areas; all easements;
deed restrictions; protective covenants, etc. affecting the tract;
(1.2)
A general land use plan indicating the tract area and locations
of the land uses to be included in the planned unit development. The
total number of dwelling units permitted and proposed and amount of
nonresidential gross floor area to be provided and proposed land area
to be devoted to residential and nonresidential use shall be set forth.
In addition, the proposed types of nonresidential uses to be included
in the planned development shall be set forth, and the land area to
be occupied by each proposed use shall be estimated. The density and
intensity of use of the entire planned development shall be set forth
and a residential density and a nonresidential floor area ratio shall
be provided;
(1.3)
A circulation plan showing the general location and types of
transportation facilities, including facilities for pedestrian access,
within the planned unit development and any proposed improvements
to the existing transportation system outside the planned unit development;
(1.4)
An open space plan showing the proposed land area and location
of land areas to be set aside for conservation and recreational purposes
and a general description of improvements proposed to be made thereon,
including a plan for the operation and maintenance of such lands;
(1.5)
A utility plan indicating the need for and showing the proposed
location of sewage lines and waterlines and drainage facilities necessitated
by the physical characteristics of the site, proposed methods for
handling solid waste disposal, and a plan for the operation and maintenance
of proposed utilities;
(1.6)
A stormwater management plan setting forth the proposed method
of controlling and managing stormwater on the site;
(1.7)
An environmental inventory, including a general description
of the vegetation, soils, topography, geology, surface hydrology,
climate and cultural resources of the site, existing man-made structures
or features and the probable impact of the development on the environmental
attributes of the site;
(1.8)
A community facility plan indicating the scope and type of supporting
community facilities;
(1.9)
A housing plan outlining the number of housing units to be provided
and the extent to which any affordable housing obligation assigned
to the municipality pursuant to the New Jersey Fair Housing Act of
1985 (as amended) will be fulfilled by the development;
(1.10)
A local service plan indicating those public
services which the applicant proposes to provide and which may include,
but not be limited to, water, sewer, cable and solid waste disposal;
(1.11)
A fiscal report describing the anticipated demand
on municipal services and the school district to be generated by the
planned unit development. The fiscal report shall also include a detailed
projection of property tax revenues which will accrue to the county,
municipality and school district according to the timing schedule
provided under Subsection 1 below, and following the completion of
the development in its entirety;
(1.12)
A proposed timing schedule in the case of a
planned unit development whose construction is contemplated over a
period of years, including the number of dwelling units and amount
of nonresidential gross floor area to be included in each development
phase, and any terms or conditions which are intended to protect the
interests of the public and of the residents who occupy any section
of the planned development prior to the completion of the development
in its entirety; and
(1.13)
A municipal development agreement, which shall
mean a written agreement to be entered into, as a condition of general
development plan approval, between the developer and the Borough relating
to the planned unit development.
(2)
Effect and duration of approval.
(2.1)
The planned development shall be developed in accordance with
the general development plan approved by the Planning Board notwithstanding
any provision of N.J.S.A. 40:55D-1 et seq., or of any ordinance or
regulation adopted pursuant thereto after the effective date of the
approval. The general terms and conditions upon which the general
development plan was granted, including but not limited to on-site
or off-site requirements, shall not be changed, unless application
for modification is made by the developer and approved by the Planning
Board pursuant to the requirements of this section.
(2.2)
The term of the effect of the general development plan approval
shall be determined by the Planning Board, except that the term of
the effect of the approval shall not exceed 20 years from the date
upon which the developer received final approval of the first section
of the planned unit development.
(2.3)
In making its determination regarding the duration of the effect
of approval of the general development plan, the Planning Board shall
consider the number of dwelling units or amount of nonresidential
floor area to be constructed; prevailing economic conditions; the
timing schedule to be followed in completing the development and the
likelihood of its fulfillment; the developer's capability of completing
the proposed development; and the contents of the general development
plan and any conditions which the Planning Board attaches to the approval
thereof.
(3)
Modification of proposed schedule. In the event that the developer
seeks to modify the proposed timing schedule, such modification shall
require the approval of the Planning Board. The Planning Board shall,
in deciding whether or not to grant approval of the modification,
take into consideration prevailing economic and market conditions,
anticipated and actual needs for residential units and nonresidential
space within the Borough and the region, and the availability and
capacity of public facilities to accommodate the proposed development.
(4)
Variations in location of land uses or increase in density or
floor area ratio. The developer shall be required to gain the prior
approval of the Planning Board if, after approval of the general development
plan, the developer wishes to make any variation in the location of
land uses within the planned development or to increase the density
of residential development or the square footage of nonresidential
development in any section of the planned unit development.
(5)
Amendment or revision of general development plan; allowable
reductions within original approval.
(5.1)
Except as provided hereunder, once a general development plan
has been approved by the Planning Board, it may be amended or revised
only upon application by the developer and approval by the Planning
Board.
(5.2)
A developer, without violating the terms of the general development
plan approval, may, in undertaking any section of the planned unit
development, reduce the number of residential units or amounts of
nonresidential floor space by no more than 15% or reduce the residential
density or nonresidential floor area ratio by no more than 15%; provided,
however, that a developer may not reduce the number of residential
units to be provided pursuant to P.L. 1985, c. 222 (N.J.S.A. 52:27D-301
et seq.), without prior municipal approval.
(6)
Notice of completion of section of development; notice by municipality
of nonfulfillment; hearing; termination of approval; causes.
(6.1)
Upon completion of each section of the development as set forth
in the approved general development plan, the developer shall notify
the administrative officer, by certified mail, as evidence that the
developer is fulfilling his obligations under the approved plan. For
the purposes of this section, "completion" of any section of the development
shall mean that the developer has acquired a certificate of occupancy
for every residential unit or every nonresidential structure, as set
forth in the approved general development plan and pursuant to Section
15 of the State Uniform Construction Code Statute (N.J.S.A. 52:57D-133).
If the Borough does not receive such notification at the completion
of any section of the development, the Borough shall notify the developer,
by certified mail, in order to determine whether or not the terms
of the approved plan are being complied with.
(6.2)
If at any time the Borough has cause to believe that the developer
is not fulfilling his obligations pursuant to the approved plan, the
Borough shall notify the developer, by certified mail, and the developer
shall have 10 days within which to give evidence that he is fulfilling
his obligations pursuant to the approved plan. The Borough thereafter
shall conduct a hearing to determine whether or not the developer
is in violation of the approved plan. If, after such a hearing, the
Borough finds good cause to terminate the approval, it shall provide
written notice of the same to the developer, and the approval shall
be terminated 30 days thereafter.
(6.3)
In the event that a developer who has general development plan
approval does not apply for preliminary major site plan approval for
the planned development which is the subject of that general development
plan approval within five years of the date upon which the general
development plan has been approved by the Planning Board, the Borough
shall have cause to terminate the approval.
(7)
Termination of approval upon completion of development.
(7.1)
In the event that a development which is the subject of an approved
general development plan is completed before the end of the term of
the approval, the approval shall terminate with the completion of
the development. For the purposes of this section, a development shall
be considered complete on the date upon which a certificate of occupancy
has been issued for the final residential or nonresidential structure
in the last section of the development in accordance with the timing
schedule set forth in the approved general development plan and the
developer has fulfilled all of his obligations pursuant to the approval.
[Added 9-6-2018 by Ord.
No. 15-2018]
A.
Permitted principal uses. The following principal uses shall be permitted:
B.
Permitted accessory uses.
(1)
The following uses accessory to townhouses shall be permitted:
(1.1)
Off-street parking facilities.
(1.2)
Covered and uncovered patios, porches and decks associated with
individual townhouse units.
(1.3)
Active and passive recreation facilities.
(1.4)
Individual and common mailboxes, which shall be placed in convenient
locations accessible only from interior development drives and not
closer to any public street than a principal building.
(1.5)
Clubhouse, swimming pool and other outdoor amenities.
(1.6)
Any other use which is subordinate and customarily incidental
to townhouse use.
(2)
The following uses accessory to multifamily condominium buildings
or a multifamily apartment building shall be permitted:
(2.1)
Off-street parking facilities. Parking may be a combination
of below building parking and surface parking.
(2.2)
Service areas such as lobbies, mailrooms, ancillary rooms, mechanical
facilities, transformers, laundry rooms and trash/recycling rooms.
(2.3)
Indoor amenities provided for the exclusive use of building
occupants and guests, such as a fitness center, lounge, theater and
recreation room, and sales, management and leasing offices.
(2.4)
Outdoor amenities such as barbecue, fire place and fire pit
areas, seating areas, play areas, plazas, gardens and other recreational
spaces, either at grade or, in the case of a multifamily apartment
building, on a rooftop above parking.
(2.5)
Any other use which is subordinate and customarily incidental
to a multifamily condominium or multifamily apartment use.
C.
Maximum development yield. The maximum development yield shall be
as follows:
(1)
The total number of residential units shall not exceed 281 and
shall be distributed as follows:
(1.1)
A maximum of 96 age-restricted townhouse units.
(1.2)
A maximum of 60 age-restricted multifamily condominium units.
(1.3)
A maximum of 125 multifamily apartment units.
(a)
Fifty units in the multifamily apartment building
shall be affordable to very-low-, low- and moderate-income households.
(b)
Of the 50 total affordable units, 22 shall be age-restricted
and the remaining 28 shall be unrestricted units.
(c)
The remaining (up to 75) market-rate units in the
multifamily apartment building shall be unrestricted.
D.
Bulk standards. The following bulk standards shall apply:
(1)
Minimum tract size. The minimum tract size shall be 25 acres.
(2)
Minimum tract frontage. The minimum frontage of the tract shall
be 750 feet.
(3)
Minimum tract width. The minimum width of the tract shall be
900 feet.
(4)
Minimum tract depth. The minimum depth of the tract shall be
1,500 feet.
(5)
Minimum setback to The American Road. The minimum setback of
any building to The American Road shall be 30 feet. Patios, decks,
porches, stairs and fences shall be permitted within the setback.
(6)
Minimum setback to side line of tract. The minimum setback of
any building to a side line of the tract, inclusive of any conservation
easements, shall be 25 feet. Patios, decks, porches, stairs, and fences
shall be permitted within the setback.
(7)
Minimum setback to rear line of tract. The minimum setback of
any building to the rear line of the tract shall be 115 feet. Patios,
decks, porches, stairs and fences shall be permitted within the setback.
(8)
Minimum setback to a conservation easement. The minimum setback
of any building to a conservation easement shall be 15 feet.
(9)
Maximum building coverage. The maximum building coverage shall
be 25%.
(10)
Maximum impervious coverage. The maximum impervious coverage
shall be 50%.
E.
Development standards. The intent of these regulations is to encourage
creative and innovative design and provide flexibility in terms of
how proposed buildings visually relate to each other as well as the
general landscape and street scape. As such, the following development
standards shall apply.
(1)
Multiple principal buildings within the tract. Multiple principal
buildings shall be permitted within the tract.
(2)
Subdivision. Nothing contained herein shall preclude the developer from seeking subdivision approval for one or more principal permitted use components for financing or related purposes at the time of application for site plan approval or subsequent to obtaining site plan approval. In connection with same, there shall be no lot size, frontage, depth, width or setback requirements other than as established herein. A cross easement agreement in a form reasonably acceptable to the Planning Board attorney shall be recorded against the R-8 tract providing for the construction, maintenance, access and use of all shared facilities by the owners of each of the subdivided lots, as appropriate. A lot may be subdivided without having frontage on a public street so long as it is provided access to a public street by means of an improved street or driveway built in accordance with standards set forth in the New Jersey Residential Site Improvement Standards (RSIS) and Section 13-4.14 of the Borough Ordinance and the right to such access is established by a perpetual easement recorded in the Morris County Clerk's office or otherwise as provided by law.
(3)
Screening of mechanical equipment.
(3.1)
All roof-mounted and ground-mounted mechanical equipment (e.g.,
air conditioning, heating, ventilation ducts and exhaust vents, elevator
overruns, transformers and generators, and similar equipment, but
excluding solar collectors and related equipment) shall be screened.
(3.2)
For pitched-roof buildings, roof-top mechanical equipment shall
be screened in roof wells recessed below the roof line or by solid
and permanent roof-mounted screens. Screening shall be compatible
with the architectural style, material and color of the building.
(3.3)
For flat-roof buildings, the mechanical equipment may extend
above the maximum building height by not more than 15 feet; shall
not occupy more than 20% of the surface area of the roof; and shall
be stepped back at least 10 feet with respect to the facade plane
of the building level immediately below it.
(4)
Building materials. No more than three different materials should
be employed as primary materials on a building facade. Within the
chosen primary materials, variation in color, texture and/or pattern
should be employed to create further distinctions. The level of materials,
detailing and articulation should be compatible along all facades.
Materials should be extended around corners in order to avoid a "pasted
on" appearance. The following are preferred building materials for
facades:
F.
Open space, recreation trails and conservation areas.
(1)
Minimum conservation areas. An existing conservation easement
of a minimum of 100 feet in width along portions of the tract boundaries
shall be preserved.
(2)
Recreation trail. An existing fifteen-foot recreation trail
easement along the southern tract boundary shall be preserved.
(3)
Open space. Any common open space that is not dedicated to and
accepted by the Borough of Morris Plains shall be permanently deed
restricted to open space use. The developer shall establish an organization
to own and maintain any such open space not dedicated to and accepted
by the Borough of Morris Plains. This organization, and its responsibilities
for maintenance of open space, shall be subject to the provisions
of N.J.S.A. 40:55D-43. The provisions of N.J.S.A. 40:55D-43 shall
be administered on behalf of the Borough of Morris Plains by the governing
body.
G.
Internal roadways, sidewalks, and off-street parking requirements.
(1)
Sidewalks. All sidewalks shall have a minimum width of five
feet.
(2)
Street/driveway design. All streets and driveways shall comply with the requirements of the New Jersey Residential Site Improvement Standards (RSIS) and Section 13-4.14 of the Borough Ordinance.
(3)
Off-street parking requirements. All parking shall comply with
the requirements of the New Jersey Residential Site Improvement Standards
(RSIS) except for the following:
(4)
Parking stall size. All parking stalls shall be nine feet by
18 feet in size.
(5)
Minimum parking area setback from tract boundary lines. All
parking areas shall be set back a minimum of 30 feet from tract boundary
lines.
(6)
Minimum parking area setback from buildings. All parking areas
shall be set back a minimum of 15 feet from buildings.
(7)
Minimum building setback to internal roadways. The minimum setback
shall be 25 feet from the front of a building to a sidewalk and 15
feet from the side of a building to a sidewalk. The setback requirements
shall not apply to porches, stairs, decks and patios.
(8)
Minimum drive aisle width within surface parking areas. Drive
aisle widths within surface parking areas shall be a minimum of 24
feet.
H.
Development standards for townhouses and multifamily condominiums.
(2)
Age-restricted units. All of the townhouse and multifamily condominium
units shall be age-restricted to residents 55 years and older.
(3)
Building design requirements for townhouses.
(3.1)
Townhouse dwelling structures shall have a minimum of four units
and a maximum of eight units and no more than 45% of all units shall
be in eight-unit structures.
(3.2)
Each dwelling unit shall have no fewer than two exposures.
(3.3)
No more than three adjacent dwelling units should be constructed
without providing a front wall setback of not less than two feet.
Additional variations are encouraged via the type of roof, including
the height of eaves and peaks, and by architectural treatment of the
building facade.
(3.4)
Driveways shall be a minimum of 20 feet in paved width for a
two-car garage.
(3.5)
Townhouses shall be set back a minimum of 25 feet from an internal
roadway where there are no sidewalks and a minimum of 28 feet where
there are sidewalks.
(4)
Refuse containers. Individual refuse and recyclable storage
space shall be provided within the garages of each townhouse unit.
There shall be a fully enclosed indoor location for individual refuse
and recyclable storage in the multifamily condominium buildings.
I.
Development standards for the multifamily apartment building.
(1)
Required bedroom distribution.
(1.1)
There shall be a minimum of 38 market-rate one-bedroom units.
One-bedroom units may have a den, provided there is no door or closet,
and provided further there is a six-foot-wide entry.
(1.2)
There shall be a maximum of 37 market-rate two-bedroom units.
Two-bedroom units shall not have dens.
(1.3)
There shall be a minimum of 22 age-restricted one-bedroom units
reserved for very-low-, low-, and moderate-income households. These
units shall be on one floor and have access from a separate lobby
adjacent to surface parking designated for the age-restricted units.
(1.4)
There shall be a minimum of 28 unrestricted units reserved for
very-low-, low-, and moderate-income households. These affordable
units shall be distributed as follows:
(2)
Maximum building height. The maximum building height as defined in Section 13-2.1 shall be four stories/50 feet.
(3)
Minimum square footage of affordable housing units. All affordable
units shall meet the minimum unit sizes for multifamily rental new
construction as indicated by the New Jersey Housing and Mortgage Finance
Agency (NJHMFA) as follows:
(4)
Building design requirements.
(4.1)
Building articulation and massing:
(a)
The multifamily apartment building facades shall
be divided vertically and differentiated horizontally to avoid monotonous
and repetitive facades. Any or all of the following strategies may
be used:
(i)
Vertical changes in the facade plane.
(ii)
Changes in materials, color, pattern and/or texture.
(iii)
Use of columns, colonnades, pilasters, balustrades
or similar ornamental features.
(iv)
Changes in the size and rhythm of fenestration/glazing.
(v)
Use of design features such as bay windows, balconies
and terraces.
(vi)
Changes in the roofline such as coping, parapet,
cornice or similar ornamental features.
(b)
The top and roof of the multifamily apartment building
shall be defined and differentiated with multi-faceted roof shapes
where appropriate to break up the roof line.
(c)
Tower, cupola, and/or other architectural features
are encouraged at building corners where appropriate. These architectural
features may rise above the required maximum building height, not
to exceed 15 feet.
(4.2)
Building facade detailing:
(a)
Windows should occupy at least 25% of the facade
area.
(b)
Pedestrian building entries should be clearly visible
and highlighted within facades through projections, recessions and/or
material changes, as well as canopies, awnings, overhangs, and/or
lighting.
(c)
A change of plane and variation in materials and/or
detailing should be provided for any windowless wall area in excess
of 25 feet in length.
(4.3)
Below building parking:
(a)
Below-building parking facing The American Road
shall be screened with landscaping such as berms/hillocks/moundings
and plantings. Such berms, hillocks/moundings and plantings should
be designed as an attractive amenity, with features such as stonework,
uplighting, and decorative plantings.
(b)
Architectural features and materials of a similar
or complementary type and quality as the non-parking portions of the
building above should be employed for screening purposes.
(c)
Large areas of blank, solid walls are discouraged.
(d)
The pattern of parking level openings should generally
align vertically with the pattern of windows of the building above.
(e)
Window sizing, placement, glazing and grilles/grates
should be designed to minimize headlight glare.
(f)
Any garage doors should be compatible with the
building facade design.
(g)
No parking shall be permitted above the first level
of a building.
(5)
Refuse containers. Refuse and recyclable storage space shall
be provided in a fully enclosed indoor location.
(6)
Affordable housing required.
(6.1)
At least 50% of the affordable units shall be available to very-low-income
and low-income households and the remainder shall be available to
moderate-income households. A minimum of 13% of the affordable units
shall be made available to very-low-income households, defined as
households earning 30% less of the regional median income by household
size. The affordable units shall be integrated throughout the multifamily
apartment building and shall be constructed to be indistinguishable
from the market-rate units from the exterior.
(6.2)
The affordable units provided in the multifamily apartment building
shall conform to the requirements of the New Jersey Fair Housing Act,
N.J.S.A. 52:27D-301 et seq. ("FHA"); applicable regulations of the
New Jersey Council on Affordable Housing ("COAH"); applicable requirements
of the Courts of the State of New Jersey; and the regulations of the
New Jersey Housing and Mortgage Finance Agency ("NJHMFA"), including,
without limitation, the Uniform Housing Affordability Controls, N.J.A.C.
5:80-26.1 et seq. ("UHAC").
(6.3)
Very-low-; low- and moderate-income households of which a member
of that household is a veteran shall be given a preference for occupancy
as permitted under N.J.S.A. 52:27D-311 for up to 50% of the total
housing units.
J.
Signage standards. In addition to the requirements for signage established below, signage shall conform to the general sign provisions of Section 13-5.8A.
(1)
Ground-mounted identification signs:
(1.1)
One ground-mounted identification sign shall be permitted for
each entrance from The American Road.
(1.2)
Each sign shall not exceed an area of 35 square feet per side.
(1.3)
Signs shall not extend more than eight feet above ground level
and may be illuminated as specified in Section 13-5.8A(5.3).
(1.4)
Signs shall not be located closer than 15 feet from The American
Road right-of-way.
(1.5)
Way-finding signage shall be permitted subject to Planning Board
approval.
K.
Landscaping and fencing requirements.
(1)
All areas not devoted to buildings or paved surfaces shall be
landscaped as deemed appropriate by the Planning Board.
(2)
Street trees shall be installed which are tolerant of roadway
and parking lot environments.
(3)
Except for existing preserved or transplanted vegetation, evergreen
trees shall be a minimum of eight feet in height above the root ball
when installed. All deciduous trees shall be a minimum of 2 1/2
inch caliper and at least 50% of all deciduous trees shall be of a
species native and indigenous to the area. Shrubs used as foundation
and screen planting shall be at least two feet in height above the
root ball when installed.
(4)
Fences, low walls and ornamental metalwork, each not exceeding
permitted height under Section 13-5.2B(6), and hedges shall be permitted
where appropriate to define parking areas, pedestrian walks and like
spaces. Masonry elements may include brick, stone or stucco. All fencing
shall have decorative caps, rails and posts. Chain-link fencing shall
not be used for decorative purposes.
(5)
Driveway crossings, walking and bicycle trails and stormwater
management facilities shall be permitted in landscaped areas.
L.
Outdoor lighting requirements.
(1)
Site lighting and streetlighting shall incorporate decorative
fixtures and poles. Standard fixture and pole details shall be approved
by the Planning Board.
(2)
Streets, parking areas and walkways shall provide adequate lighting
with fixtures not exceeding an overall height of 15 feet above grade
in the case of streets and parking areas. Such fixtures shall minimize
adverse visual impacts, such as glare and overhead sky glow, on adjacent
properties and on any public right-of-way. Light cutoff shields shall
be provided where fixtures abut a residential use and in other locations
as directed by the Planning Board Engineer.
(3)
Use of low-wattage metal halide, color-corrected sodium or LED
light sources is required. Non-color-corrected low-pressure sodium
and mercury vapor light sources are prohibited.
(4)
Building facade lights shall be incorporated into the overall
lighting plan design; all fixtures shall be of compatible design and
detail with site and streetlights.
(5)
Lighting levels at all exterior tract boundary lines shall not
exceed 0.1 footcandle, except where driveways/streets intersect with
a public street.
M.
Utility and drainage improvements. All buildings shall be served
by public water and public sanitary sewerage systems. All utility
improvements shall be located underground. All utility improvements,
including, but not necessarily limited to, storm drainage collection
and conveyance systems, stormwater management systems/facilities,
sanitary sewerage collection and disposal systems, water supply, gas,
electric, telephone and cable television utilities, shall be subject
to review and approval by the Planning Board in accordance with the
standards and procedures established at N.J.A.C. 5:21 et seq. (Residential
Site Improvement Standards), the New Jersey Department of Environmental
Protection, and appropriate county and other state agencies and utility
companies having jurisdiction where applicable.
N.
Construction phasing schedule for the affordable units. The 50 affordable
housing units ("AHUs") shall be constructed pursuant to the following
construction phasing schedule:
[Added 9-6-2018 by Ord.
No. 17-2018]
A.
General program purposes; procedure.
(1)
Affordable housing obligation.
(1.1)
This section sets forth regulations addressing the Borough of
Morris Plains' constitutional obligation to provide for its fair share
of low- and moderate-income housing, as directed by the Superior Court
and consistent with the Uniform Housing Affordability Controls ("UHAC"),
N.J.A.C. 5:80-26.1 et seq., as amended and supplemented, the New Jersey
Fair Housing Act of 1985, including the requirements for very-low-income
housing established in P.L. 2008, c.46 (the "Roberts Bill") and the
now-expired Second Round Rules, previously set forth at N.J.A.C. 5:91
and N.J.A.C. 5:93 ("Second Round Rules").
(1.2)
This section is intended to assure that very-low-, low- and
moderate-income units ("affordable units") are created with controls
on affordability over time and that low- and moderate-income households
shall occupy these units. This section shall apply except where inconsistent
with applicable law.
(1.3)
The Morris Plains Planning Board has adopted a Housing Element
and Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A.
40:55D-1 et seq. The Fair Share Plan has been endorsed by the governing
body. The Fair Share Plan describes the ways Morris Plains shall address
its fair share for low- and moderate-income housing as determined
by the Superior Court and documented in the Housing Element.
(1.4)
This section implements and incorporates the Fair Share Plan
and addresses the requirements of the Second Round Rules.
(2)
Monitoring and reporting requirements. The Borough of Morris
Plains shall comply with the following monitoring and reporting requirements
regarding the status of the implementation of its Court-approved Housing
Element and Fair Share Plan and the Second Round Rules.
(2.1)
Beginning on May 29, 2019, and on every anniversary of that
date through May 29, 2025, the Borough agrees to provide annual reporting
of the status of all affordable housing activity within the municipality
through posting on the municipal website with a copy of such posting
provided to Fair Share Housing Center (FSHC), using forms previously
developed for this purpose by the Council on Affordable Housing or
any other forms endorsed by the Special Master and FSHC.
(2.2)
By July 1, 2020, as required, as required pursuant to N.J.S.A.
52:27D-313, the Borough will post on its municipal website, with a
copy provided to FSHC, a status report as to its implementation of
the Plan and an analysis of whether any unbuilt sites or unfulfilled
mechanisms continue to present a realistic opportunity and whether
any mechanisms to meet unmet need should be revised or supplemented.
Such posting shall invite any interested party to submit comments
to the municipality, with a copy to FSHC, regarding whether any unbuilt
sites no longer present a realistic opportunity and should be replaced
and whether any mechanisms to meet the remaining unmet need should
be revised or supplemented.
(2.3)
By May 29, 2021, and every third year thereafter, as required
by N.J.S.A. 52:27D-329.1, the Borough will post on its municipal website,
with a copy provided to FSHC, a status report as to its satisfaction
of its very-low-income requirements, including the family very-low-income
requirements. Such posting shall invite any interested party to submit
comments to the municipality and FSHC on the issue of whether the
municipality has complied with its very-low-income housing obligations.
(3)
ACCESSORY APARTMENT
ACT
ADAPTABLE
ADMINISTRATIVE AGENT
AFFIRMATIVE MARKETING
AFFORDABILITY AVERAGE
AFFORDABLE
AFFORDABLE DEVELOPMENT
AFFORDABLE HOUSING DEVELOPMENT
AFFORDABLE HOUSING PROGRAM(S)
AFFORDABLE UNIT
AGE-RESTRICTED UNIT
AGENCY
ALTERNATIVE LIVING ARRANGEMENT
ASSISTED-LIVING RESIDENCE
CERTIFIED HOUSEHOLD
COAH
DCA
DEFICIENT HOUSING UNIT
DEVELOPER
DEVELOPMENT
INCLUSIONARY DEVELOPMENT
LOW-INCOME HOUSEHOLD
LOW-INCOME UNIT
MAJOR SYSTEM
MARKET-RATE UNITS
MEDIAN INCOME
MODERATE-INCOME HOUSEHOLD
MODERATE-INCOME UNIT
NON-EXEMPT SALE
RANDOM SELECTION PROCESS
REGIONAL ASSET LIMIT
REHABILITATION
RENT
RESTRICTED UNIT
SPECIAL MASTER
UHAC
VERY-LOW-INCOME HOUSEHOLD
VERY-LOW-INCOME UNIT
WEATHERIZATION
Definitions. The following terms, when used in this section,
shall have the meanings given in this paragraph.
A self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters and a private entrance, which
is created within an existing home, or through the conversion of an
existing accessory structure on the same site, or by an addition to
an existing home or accessory building, or by the construction of
a new accessory structure on the same site.
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.)
Constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.
The entity responsible for the administration of affordable
units in accordance with this section, N.J.A.C. 5:80-26.1 et seq.
and the Second Round Rules.
A regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
The average percentage of median income at which restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
A sales price or rent within the means of a very-low-, low-
or moderate-income household as defined herein; in the case of an
ownership unit, that the sales price for the unit conforms to the
standards set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented,
and, in the case of a rental unit, that the rent for the unit conforms
to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended
and supplemented.
A housing development all or a portion of which consists
of restricted units.
A development included in the Housing Element and Fair Share
Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project or a one-hundred-percent-affordable
development.
Any mechanism in a municipal Fair Share Plan prepared or
implemented to address a municipality's fair share obligation.
A housing unit proposed or created pursuant to the Act, and
affordable.
A housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that: 1) all the residents of the development where the unit
is situated are 62 years or older; or 2) at least 80% of the units
are occupied by one person that is 55 years or older; or 3) the development
has been designated by the Secretary of the U.S. Department of Housing
and Urban Development as "housing for older persons" as defined in
Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
The New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
A structure in which households live in distinct bedrooms,
yet share kitchen and plumbing facilities, central heat and common
areas. Alternate living arrangements include, but are not limited
to: transitional facilities for the homeless, Class A, B, C, D, and
E boardinghomes, as regulated by the New Jersey Department of Community
Affairs; residential health care facilities as regulated by the New
Jersey Department of Health; group homes for the developmentally disabled
and mentally ill as licensed and/or regulated by the New Jersey Department
of Human Services; and congregate living arrangements.
A facility licensed by the New Jersey Department of Health
and Senior Services to provide apartment-style housing and congregate
dining and to assure that assisted-living services are available when
needed for four or more adult persons unrelated to the proprietor
and that offers units containing, at a minimum, one unfurnished room,
a private bathroom, a kitchenette and a lockable door on the unit
entrance.
A household that has been certified by an Administrative
Agent as a low-income household or moderate-income household.
The Council on Affordable Housing, which is in, but not of,
the Department of Community Affairs of the State of New Jersey, that
was established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301
et seq.).
The State of New Jersey Department of Community Affairs.
A housing unit with health and safety code violations that
require the repair or replacement of a major system. A major system
includes weatherization, roofing, plumbing (including wells), heating,
electricity, sanitary plumbing (including septic systems), lead paint
abatement and/or load-bearing structural systems.
Any person, partnership, association, company or corporation
that is the legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development, including the holder
of an option to contract or purchase, or other person having an enforceable
proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any
building or other structure, or of any mining, excavation or landfill,
and any use or change in the use of any building or other structure,
or land or extension of use of land, for which permission may be required
pursuant to N.J.S.A. 40:55D-1 et seq.
A development containing both affordable units and market-rate
units. This term includes, but is not necessarily limited to: new
construction, the conversion of a nonresidential structure to residential
and the creation of new affordable units through the reconstruction
of a vacant residential structure.
A household with a total gross annual household income equal
to 50% or less of the median household income.
A restricted unit that is affordable to a low-income household.
The primary structural, mechanical, plumbing, electrical,
fire protection, or occupant service components of a building which
include but are not limited to, weatherization, roofing, plumbing
(including wells), heating, electricity, sanitary plumbing (including
septic systems), lead paint abatement or load-bearing structural systems.
Housing not restricted to low- and moderate-income households
that may sell or rent at any price.
The median income by household size for the applicable county,
as adopted annually by COAH, or another agency of the State of New
Jersey, or approved by the New Jersey Superior Court.
A household with a total gross annual household income in
excess of 50% but less than 80% of the median household income.
A restricted unit that is affordable to a moderate-income
household.
Any sale or transfer of ownership other than the transfer
of ownership between husband and wife; the transfer of ownership between
former spouses ordered as a result of a judicial decree of divorce
or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a Class A
beneficiary and the transfer of ownership by court order.
A process by which currently income-eligible households are
selected for placement in affordable housing units such that no preference
is given to one applicant over another except for purposes of matching
household income and size with an appropriately priced and sized affordable
unit (e.g., by lottery).
The maximum housing value in each housing region affordable
to a four-person household with an income at 80% of the regional median
as defined by approved regional income limits.
The repair, renovation, alteration or reconstruction of any
building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C.
5:23-6.
The gross monthly cost of a rental unit to the tenant, including
the rent paid to the landlord, as well as an allowance for tenant-paid
utilities computed in accordance with allowances published by DCA
for its Section 8 program. In assisted-living residences, rent does
not include charges for food and services.
A dwelling unit, whether a rental unit or ownership unit,
that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as may be amended and supplemented, but does not include a market-rate
unit financed under the New Jersey Housing and Mortgage Finance Agency's
Urban Home Ownership Recovery Program ("UHORP") or the Market Oriented
Neighborhood Investment Program ("MONI").
An expert appointed by a judge to make sure that judicial
orders are followed. A master's function is essentially investigative,
compiling evidence or documents to inform some future action by the
court.
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26.1 et seq.
A household with a total gross annual household income equal
to 30% or less of the median household income.
A restricted unit that is affordable to a very-low-income
household.
Building insulation (for attic, exterior walls and crawl
space), siding to improve energy efficiency, replacement storm windows,
replacement storm doors, replacement windows and replacement doors,
and is considered a major system for rehabilitation.
(4)
Borough-wide mandatory set-aside.
(4.1)
A multifamily or single-family attached development providing
a minimum of five new housing units created through any future municipal
rezoning or Zoning Board action, use or density variance, redevelopment
plan, or rehabilitation plan that provide for densities at or above
six units per acre is required to include an affordable housing set-aside
of 20% if the affordable units will be for sale and 15% if the affordable
units will be for rent. This requirement does not give any developer
the right to any such rezoning, variance or other relief, or establish
any obligation on the part of Morris Plains to grant such rezoning,
variance or other relief. No subdivision shall be permitted or approved
for the purpose of avoiding compliance with this requirement.
(4.2)
This requirement shall not apply to any sites or specific zones
otherwise identified in the Borough's Settlement Agreement with Fair
Share Housing Center dated May 29, 2018, or in the Borough's Housing
Element and Fair Share Plan, adopted by the Borough Planning Board
and endorsed by the Borough Council, for which density and set-aside
standards shall be governed by the specific standards set forth therein.
(5)
New construction. The following general guidelines apply to
all newly constructed developments that contain low- and moderate-income
housing units, including any currently unanticipated future developments
that will provide low- and moderate-income housing units. In this
Paragraph A(5), very-low-income housing units are considered as part
of low-income housing units.
(5.1)
Phasing. Final site plan or subdivision approval shall be contingent
upon the affordable housing development meeting the following phasing
schedule for low- and moderate-income units.
Maximum Percentage of Market-Rate Units Completed
|
Minimum Percentage of Low- and Moderate-Income Units Completed
|
---|---|
25%
|
0%
|
25%+1
|
10%
|
50%
|
50%
|
75%
|
75%
|
90%
|
100%
|
(5.2)
Design. In inclusionary developments, to the extent possible,
low- and moderate-income units shall be integrated with the market
units.
(5.3)
Off-site construction. A developer may construct affordable
units off-site at the discretion of either the Planning or Zoning
Board, whichever is the applicable reviewing entity, in accordance
with the Second Round Rules.
(5.4)
Utilities. Affordable units shall utilize the same type of heating
source as market units within the affordable development.
(5.5)
Low/Moderate Split and Bedroom Distribution of Affordable Housing
Units:
(a)
The fair share obligation shall be divided equally
between low- and moderate-income units, except that where there is
an odd number of affordable housing units, the extra unit shall be
a low-income unit.
(b)
In each affordable development, at least 50% of
the restricted units within each bedroom distribution shall be low-income
units.
(c)
Within rental developments, of the total number
of affordable rental units, at least 13% shall be affordable to very-low-income
households. The very-low-income units shall be counted as part of
the required number of low-income units within the development.
(d)
Affordable developments that are not age-restricted
shall be structured in conjunction with realistic market demands such
that:
(i)
The combined number of efficiency and one-bedroom
units shall be no greater than 20% of the total low- and moderate-income
units;
(ii)
At least 30% of all low- and moderate-income units
shall be two-bedroom units;
(iii)
At least 20% of all low- and moderate-income
units shall be three-bedroom units; and
(iv)
The remaining units may be allocated among two-and
three-bedroom units at the discretion of the developer.
(e)
Affordable developments that are age-restricted
shall be structured such that the number of bedrooms shall equal the
number of age-restricted low- and moderate-income units within the
inclusionary development. The standard may be met by having all one-bedroom
units or by having a two-bedroom unit for each efficiency unit.
(5.6)
Accessibility requirements:
(a)
The first floor of all restricted townhouse dwelling
units and all restricted units in all other multistory buildings shall
be subject to the technical design standards of the Barrier Free Subcode,
N.J.A.C. 5:23-7.
(b)
All restricted townhouse dwelling units and all
restricted units in other multistory buildings in which a restricted
dwelling unit is attached to at least one other dwelling unit shall
have the following features:
(i)
An adaptable toilet and bathing facility on the
first floor;
(ii)
An adaptable kitchen on the first floor;
(iii)
An interior accessible route of travel on the
first floor;
(iv)
An interior accessible route of travel shall not
be required between stories within an individual unit;
(v)
An adaptable room that can be used as a bedroom,
with a door or the casing for the installation of a door, on the first
floor; and
(vi)
An accessible entranceway as set forth at P.L.
2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode,
N.J.A.C. 5:23-7.
(5.7)
Maximum rents and sales prices.
(a)
In establishing rents and sales prices of affordable
housing units, the administrative agent shall follow the procedures
set forth in UHAC and by the Superior Court, utilizing the regional
income limits established.
(b)
The maximum rent for restricted rental units within
each affordable development shall be affordable to households earning
no more than 60% of median income, and the average rent for restricted
very-low-, low- and moderate-income units shall be affordable to households
earning no more than 52% of median income.
(c)
The developers and/or municipal sponsors of restricted
rental units shall establish at least one rent for each bedroom type
for both low-income and moderate-income units. At least 13% of all
low- and moderate-income rental units shall be affordable to households
earning no more than 30% of median income. These very-low-income units
shall be part of the low-income requirement.
(d)
The maximum sales price of restricted ownership
units within each affordable development shall be affordable to households
earning no more than 70% of median income, and each affordable development
must achieve an affordability average of 55% for restricted ownership
units; in achieving this affordability average, moderate-income ownership
units must be available for at least three different prices for each
bedroom type, and low-income ownership units must be available for
at least two different prices for each bedroom type. At least 13%
of all low- and moderate-income rental units shall be affordable to
households earning no more than 30% of median income. These very-low-income
units shall be part of the low-income requirement.
(e)
In determining the initial sales prices and rents
for compliance with the affordability average requirements for restricted
units other than assisted-living facilities, the following standards
shall be used:
(i)
A studio shall be affordable to a one-person household;
(ii)
A one-bedroom unit shall be affordable to a one-and-one-half-person
household;
(iii)
A two-bedroom unit shall be affordable to a three-person
household;
(iv)
A three-bedroom unit shall be affordable to a
four-and-one-half-person household; and
(v)
A four-bedroom unit shall be affordable to a six-person
household.
(f)
In determining the initial sales prices and rents
for compliance with the affordability average requirements for restricted
units in assisted-living facilities, the following standards shall
be used:
(g)
The initial purchase price for all restricted ownership
units shall be calculated so that the monthly carrying cost of the
unit, including principal and interest (based on a mortgage loan equal
to 95% of the purchase price and the Federal Reserve H.15 rate of
interest), taxes, homeowner and private mortgage insurance and condominium
or homeowner association fees do not exceed 28% of the eligible monthly
income of the appropriate size household as determined under N.J.A.C.
5:80-26.4, as may be amended and supplemented; provided, however,
that the price shall be subject to the affordability average requirement
of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(h)
The initial rent for a restricted rental unit shall
be calculated so as not to exceed 30% of the eligible monthly income
of the appropriate household size as determined under N.J.A.C. 5:80-26.4,
as may be amended and supplemented; provided, however, that the rent
shall be subject to the affordability average requirement of N.J.A.C.
5:80-26.3, as may be amended and supplemented.
(i)
The price of owner-occupied very-low-, low- and
moderate-income units may increase annually based on the percentage
increase in the regional median income limit for each housing region.
In no event shall the maximum resale price established by the administrative
agent be lower than the last recorded purchase price.
(j)
The rent of very-low-, low- and moderate-income
units may be increased annually based on the percentage increase in
the Housing Consumer Price Index for the United States. This increase
shall not exceed 9% in any one year. Rents for units constructed pursuant
to low-income housing tax credit regulations shall be indexed pursuant
to the regulations governing low-income housing tax credits.
(k)
Tenant-paid utilities that are included in the
utility allowance shall be so stated in the lease and shall be consistent
with the utility allowance approved by DCA for its Section 8 program.
B.
Affordable unit controls and requirements. The following general
guidelines apply to all developments that contain low- and moderate-income
housing units, including any currently unanticipated future developments
that will provide low- and moderate-income housing units.
(1)
Affirmative marketing requirements.
(1.1)
Morris Plains shall adopt by resolution an Affirmative Marketing
Plan, subject to approval of the Superior Court, compliant with N.J.A.C.
5:80-26.15, as may be amended and supplemented.
(1.2)
The affirmative marketing plan is a regional marketing strategy
designed to attract buyers and/or renters of all majority and minority
groups, regardless of race, creed, color, national origin, ancestry,
marital or familial status, gender, affectional or sexual orientation,
disability, age or number of children to housing units which are being
marketed by a developer, sponsor or owner of affordable housing. The
affirmative marketing plan is also intended to target those potentially
eligible persons who are least likely to apply for affordable units
in that region. It is a continuing program that directs all marketing
activities toward COAH Housing Region 2 comprised of Essex, Morris,
Union and Warren Counties and covers the period of deed restriction.
(1.3)
The affirmative marketing plan shall provide a regional preference
for all households that live and/or work in COAH Housing Region 2
comprised of Essex, Morris, Union and Warren Counties.
(1.4)
The designated Administrative Agent shall assure the affirmative
marketing of all affordable units consistent with the Affirmative
Marketing Plan for the municipality.
(1.5)
In implementing the affirmative marketing plan, the Administrative
Agent shall provide a list of counseling services to low- and moderate-income
applicants on subjects such as budgeting, credit issues, mortgage
qualification, rental lease requirements, and landlord/tenant law.
(1.6)
The affirmative marketing process for available affordable units
shall begin at least four months prior to the expected date of occupancy.
(1.7)
The Affirmative Marketing Plan shall describe the media to be
used in advertising and publicizing the availability of housing. In
implementing the Affirmative Marketing Plan, the Administrative Agent
shall consider the use of language translations where appropriate.
(1.8)
Applications for affordable housing shall be available in several
locations, including, at a minimum, the county administrative building
and/or the county library for each county within the housing region;
the municipal administrative building(s) and the municipal library
in the municipality in which the units are located; and the developer's
sales office. Applications shall be mailed to prospective applicants
upon request.
(1.9)
In addition to other affirmative marketing strategies, the Administrative
Agent shall provide specific notice of the availability of affordable
housing units in Morris County, and copies of the application forms
to the following entities: Fair Share Housing Center, the New Jersey
State Conference of the NAACP, the Latino Action Network, East Orange
NAACP, Newark NAACP, Morris County NAACP, Elizabeth NAACP, Housing
Partnership for Morris County, Community Access Unlimited, Inc., Northwest
New Jersey Community Action Program, Inc. (NORWESCAP), Homeless Solutions
of Morristown, and Supportive Housing Association.
(1.10)
The costs of advertising and affirmative marketing
of the affordable units shall be the responsibility of the developer,
sponsor or owner, unless otherwise determined or agreed to by Morris
Plains.
(2)
Occupancy standards.
(2.1)
In referring certified households to specific restricted units,
to the extent feasible, and without causing an undue delay in occupying
the unit, the Administrative Agent shall strive to:
(2.2)
Additional provisions related to occupancy standards (if any)
shall be provided in the municipal operating manual.
(3)
Selection of occupants of affordable housing units.
[Amended 9-15-2022 by Ord. No. 14-2022]
(3.1)
The Administrative Agent shall use a random selection process
to select occupants of the very-low-, low-, and moderate-income housing.
(3.2)
A waiting list of all eligible candidates will be maintained
in accordance with provisions of N.J.A.C. 5:80-26 et seq.
(3.3)
The Borough may enter into an agreement with a developer or residential development owner to provide a preference for affordable housing to low- to moderate-income veterans who served in time of war or other emergencies, as defined in Section 13-2.1 herein, of up to 50% of the affordable housing units in that particular project. This percent preference shall be established in the applicant selection process for available affordable units so that applicants who are veterans who served in times of war or other emergency, as referenced in this section, and who apply within 90 days of the initial marketing period shall receive preference for the rental of the agreed-upon percentage of affordable units. After the first 90 days of the initial 120-day marketing period, if any of those units subject to the preference remain available, then applicants from the general public shall be considered for occupancy. Following the initial 120-day marketing period, previously qualified applicants and future qualified applicants who are veterans who served in times of war or other emergency, as referenced in this section, shall be placed on a special waiting list as well as the general waiting list. The veterans on the special waiting list shall be given preference for affordable units, as the units become available, whenever the percentage of preference-occupied units falls below the agreed upon percentage.
(4)
Control Periods for Restricted Ownership Units and Enforcement
Mechanisms.
(4.1)
Except as may be provided for any sites or specific zones identified
in the Borough's Settlement Agreement with Fair Share Housing Center,
dated May 29, 2018, or otherwise identified in any other site or zone
specific Affordable Housing Ordinance of the Borough of Morris Plains,
control periods for restricted ownership units shall be in accordance
with N.J.A.C. 5:80-26.5, as may be amended and supplemented, and each
restricted ownership unit shall remain subject to the requirements
of this section until Morris Plains elects to release the unit from
such requirements; however, and prior to such an election, a restricted
ownership unit must remain subject to the requirements of N.J.A.C.
5:80-26.1, as may be amended and supplemented, for at least 30 years.
(4.2)
The affordability control period for a restricted ownership
unit shall commence on the date the initial certified household takes
title to the unit.
(4.3)
Prior to the issuance of the initial certificate of occupancy
for a restricted ownership unit and upon each successive sale during
the period of restricted ownership, the administrative agent shall
determine the restricted price for the unit and shall also determine
the non-restricted, fair market value of the unit based on either
an appraisal or the unit's equalized assessed value.
(4.4)
At the time of the first sale of the unit, the purchaser shall
execute and deliver to the Administrative Agent a recapture note obligating
the purchaser (as well as the purchaser's heirs, successors and assigns)
to repay, upon the first non-exempt sale after the unit's release
from the requirements of this section, an amount equal to the difference
between the unit's non-restricted fair market value and its restricted
price, and the recapture note shall be secured by a recapture lien
evidenced by a duly recorded mortgage on the unit.
(4.5)
The affordability controls set forth in this section shall remain
in effect despite the entry and enforcement of any judgment of foreclosure
with respect to restricted ownership units.
(4.6)
A restricted ownership unit shall be required to obtain a continuing
certificate of occupancy or a certified statement from the Construction
official stating that the unit meets all code standards upon the first
transfer of title that follows the expiration of the applicable minimum
control period provided under N.J.A.C. 5:80-26.5(a), as may be amended
and supplemented.
(5)
Price restrictions for restricted ownership units, homeowner
association fees and resale prices. Price restrictions for restricted
ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as
may be amended and supplemented, including:
(5.1)
The initial purchase price for a restricted ownership unit shall
be approved by the Administrative Agent.
(5.2)
The Administrative Agent shall approve all resale prices, in
writing and in advance of the resale, to assure compliance with the
foregoing standards.
(5.3)
The method used to determine the condominium association fee
amounts and special assessments shall be indistinguishable between
the low- and moderate-income unit owners and the market unit owners.
(5.4)
The owners of restricted ownership units may apply to the Administrative
Agent to increase the maximum sales price for the unit on the basis
of capital improvements. Eligible capital improvements shall be those
that render the unit suitable for a larger household or the addition
of a bathroom.
(6)
Buyer income eligibility.
(6.1)
Buyer income eligibility for restricted ownership units shall
be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
such that very-low-income and low-income ownership units shall be
reserved for households with a gross household income less than or
equal to 50% of median income and moderate-income ownership units
shall be reserved for households with a gross household income less
than 80% of median income.
(6.2)
The Administrative Agent shall certify a household as eligible
for a restricted ownership unit when the household is a very-low-
income, low-income household or a moderate-income household, as applicable
to the unit, and the estimated monthly housing cost for the particular
unit (including principal, interest, taxes, homeowner and private
mortgage insurance and condominium or homeowner association fees,
as applicable) does not exceed 33% of the household's certified monthly
income.
(7)
Limitations on indebtedness secured by ownership unit; subordination.
(7.1)
Prior to incurring any indebtedness to be secured by a restricted
ownership unit, the Administrative Agent shall determine in writing
that the proposed indebtedness complies with the provisions of this
section.
(7.2)
With the exception of original purchase money mortgages, during
a control period neither an owner nor a lender shall at any time cause
or permit the total indebtedness secured by a restricted ownership
unit to exceed 95% of the maximum allowable resale price of that unit,
as such price is determined by the administrative agent in accordance
with N.J.A.C.5:80-26.6(b).
(8)
Control periods for restricted rental units.
(8.1)
Except as may be provided for any sites or specific zones identified
in the Borough's Settlement Agreement with Fair Share Housing Center,
dated May 29, 2018, or otherwise identified in any other site or zone
specific Affordable Housing Ordinance of the Borough of Morris Plains,
control periods for restricted rental units shall be in accordance
with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and
each restricted rental unit shall remain subject to the requirements
of this section until the Morris Plains Council elects to release
the unit from such requirements pursuant to action taken in compliance
with N.J.A.C. 5:80-26.1, as may be amended and supplemented, and prior
to such an election, a restricted rental unit must remain subject
to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented,
for at least 30 years.
(8.2)
Deeds of all real property that include restricted rental units
shall contain deed restriction language. The deed restriction shall
have priority over all mortgages on the property, and the deed restriction
shall be filed by the developer or seller with the records office
of the County of Morris. A copy of the filed document shall be provided
to the Administrative Agent within 30 days of the receipt of a certificate
of occupancy.
(8.3)
A restricted rental unit shall remain subject to the affordability
controls of this section, including but not limited to the occurrence
of any of the following events:
(9)
Price restrictions for rental units; leases.
(9.1)
A written lease shall be required for all restricted rental
units, except for units in an assisted-living residence, and tenants
shall be responsible for security deposits and the full amount of
the rent as stated on the lease. A copy of the current lease for each
restricted rental unit shall be provided to the Administrative Agent.
(9.2)
No additional fees or charges shall be added to the approved
rent (except, in the case of units in an assisted-living residence,
to cover the customary charges for food and services) without the
express written approval of the Administrative Agent.
(9.3)
Application fees (including the charge for any credit check)
shall not exceed 5% of the monthly rent of the applicable restricted
unit and shall be payable to the Administrative Agent to be applied
to the costs of administering the controls applicable to the unit
as set forth in this section.
(10)
Tenant income eligibility.
(10.1)
Tenant income eligibility shall be in accordance
with N.J.A.C. 5:80-26.13, as may be amended and supplemented, and
shall be determined as follows:
(a)
Very-low-income rental units shall be reserved
for households with a gross household income less than or equal to
30% of median income.
(b)
Low-income rental units shall be reserved for households
with a gross household income less than or equal to 50% of median
income.
(c)
Moderate-income rental units shall be reserved
for households with a gross household income less than 80% of median
income.
(10.2)
The Administrative Agent shall certify a household
as eligible for a restricted rental unit when the household is a very-low-income,
low-income household or a moderate-income household, as applicable
to the unit, and the rent proposed for the unit does not exceed 35%
(40% for age-restricted units) of the household's eligible monthly
income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended
and supplemented; provided, however, that this limit may be exceeded
if one or more of the following circumstances exists:
(a)
The household currently pays more than 35% (40%
for households eligible for age-restricted units) of its gross household
income for rent, and the proposed rent will reduce its housing costs;
(b)
The household has consistently paid more than 35%
(40% for households eligible for age-restricted units) of eligible
monthly income for rent in the past and has proven its ability to
pay;
(c)
The household is currently in substandard or overcrowded
living conditions;
(d)
The household documents the existence of assets
with which the household proposes to supplement the rent payments;
or
(e)
The household documents proposed third-party assistance
from an outside source such as a family member in a form acceptable
to the Administrative Agent and the owner of the unit.
(10.3)
The applicant shall file documentation sufficient
to establish the existence of the circumstances in Paragraph (10.2)(a)
through (e) above with the Administrative Agent, who shall counsel
the household on budgeting.
C.
Administration.
(1)
Municipal Housing Liaison.
(1.1)
The position of Municipal Housing Liaison (MHL) for Morris Plains
created by Ordinance No. 13-2017, adopted by the Borough Council on
October 19, 2017, is hereby ratified and incorporated by reference
in this section. The MHL shall be appointed by duly adopted resolution
of the Borough Council and be subject to the approval by the Superior
Court.
(1.2)
The MHL must be either a full-time or part-time employee of
Morris Plains.
(1.3)
The MHL must receive periodic training, when available.
(1.4)
The MHL shall be responsible for oversight and administration
of the affordable housing program for Morris Plains, including the
following responsibilities, which may not be contracted out to the
Administrative Agent:
(a)
Serving as the municipality's primary point of
contact for all inquiries from the state, affordable housing providers,
administrative agents and interested households;
(b)
The implementation of the Affirmative Marketing
Plan and affordability controls.
(c)
When applicable, supervising any contracting Administrative
Agent.
(d)
Monitoring the status of all restricted units in
the Morris Plains Fair Share Plan;
(e)
Compiling, verifying and submitting annual reports
as required by the Superior Court;
(f)
Coordinating meetings with affordable housing providers
and Administrative Agents, as applicable; and
(g)
Attending continuing education opportunities on
affordability controls, compliance monitoring and affirmative marketing
as offered or approved by the Superior Court.
(2)
Administrative Agent.
(2.1)
The Borough shall designate by resolution of Borough Council,
subject to the approval of the Superior Court, one or more Administrative
Agents to administer newly constructed affordable units in accordance
with N.J.A.C. 5:93[1] and UHAC.
[1]
Editor's Note: N.J.A.C. Title 5, Ch. 93, expired 10-16-2016.
(2.2)
An Operating Manual shall be provided by the Administrative
Agent(s) to be adopted by resolution of the governing body and subject
to approval of the Superior Court. The Operating Manual shall be available
for public inspection in the office of the Municipal Clerk and in
the office(s) of the Administrative Agent(s).
(2.3)
The Administrative Agent shall perform the duties and responsibilities
of an Administrative Agent as are set forth in UHAC, which include:
(a)
Attending continuing education opportunities on
affordability controls, compliance monitoring, and affirmative marketing
as offered or approved by the Superior Court;
(b)
Affirmative marketing;
(c)
Household certification;
(d)
Affordability controls;
(e)
Records retention;
(f)
Resale and re-rental;
(g)
Processing requests from unit owners; and
(h)
Enforcement, though the ultimate responsibility
for retaining controls on the units rests with the municipality.
(i)
The Administrative Agent shall have authority to
take all actions necessary and appropriate to carry out its responsibilities,
hereunder.
(3)
Enforcement of affordable housing regulations.
(3.1)
Upon the occurrence of a breach of any of the regulations governing
the affordable unit by an owner, developer or tenant, the municipality
shall have all remedies provided at law or equity, including but not
limited to foreclosure, tenant eviction, municipal fines, a requirement
for household recertification, acceleration of all sums due under
a mortgage, recoupment of any funds from a sale in the violation of
the regulations, injunctive relief to prevent further violation of
the regulations, entry on the premises, and specific performance.
(3.2)
After providing written notice of a violation to an owner, developer
or tenant of a low- or moderate-income unit and advising the owner,
developer or tenant of the penalties for such violations, the municipality
may take the following action against the owner, developer or tenant
for any violation that remains uncured for a period of 60 days after
service of the written notice:
(a)
The municipality may file a court action pursuant
to N.J.S.A. 2A:58-11 alleging a violation, or violations, of the regulations
governing the affordable housing unit. If the owner, developer or
tenant is found by the court to have violated any provision of the
regulations governing affordable housing units, the owner, developer
or tenant shall be subject to one or more of the following penalties,
at the discretion of the court:
(i)
A fine of not more than $500 or imprisonment for
a period not to exceed 90 days, or both. Each and every day that the
violation continues or exists shall be considered a separate and specific
violation of these provisions and not as a continuing offense;
(ii)
In the case of an owner who has rented his or
her very-low-, low- or moderate-income unit in violation of the regulations
governing affordable housing units, payment of the gross amount of
rent illegally collected as directed by the court into a designated
fund;
(iii)
In the case of an owner who has rented his or
her very-low-, low- or moderate-income unit in violation of the regulations
governing affordable housing units, payment of an innocent tenant's
reasonable relocation costs, as determined by the court.
(b)
The municipality may file a court action in the
Superior Court seeking a judgment, which would result in the termination
of the owner's equity or other interest in the unit, in the nature
of a mortgage foreclosure. Any judgment shall be enforceable as if
the same were a judgment of default of the first purchase money mortgage
and shall constitute a lien against the low- and moderate-income unit.
(3.3)
Such judgment shall be enforceable, at the option of the municipality,
by means of an execution sale by the Sheriff, at which time the very-low-,
low- and moderate-income unit of the violating owner shall be sold
at a sale price which is not less than the amount necessary to fully
satisfy and pay off any first purchase money mortgage and prior liens
and the costs of the enforcement proceedings incurred by the municipality,
including attorney's fees. The violating owner shall have the right
to possession terminated as well as the title conveyed pursuant to
the Sheriff's sale.
(3.4)
The proceeds of the Sheriff's sale shall first be applied to
satisfy the first purchase money mortgage lien and any prior liens
upon the very-low-, low- and moderate-income unit. The excess, if
any, shall be applied to reimburse the municipality for any and all
costs and expenses incurred in connection with either the court action
resulting in the judgment of violation or the Sheriff's sale. In the
event that the proceeds from the Sheriff's sale are insufficient to
reimburse the municipality in full as aforesaid, the violating owner
shall be personally responsible for and to the extent of such deficiency,
in addition to any and all costs incurred by the municipality in connection
with collecting such deficiency. In the event that a surplus remains
after satisfying all of the above, such surplus, if any, shall be
placed in escrow by the municipality for the owner and shall be held
in such escrow for a maximum period of two years or until such earlier
time as the owner shall make a claim with the municipality for such.
Failure of the owner to claim such balance within the two-year period
shall automatically result in a forfeiture of such balance to the
municipality. Any interest accrued or earned on such balance while
being held in escrow shall belong to and shall be paid to the municipality,
whether such balance shall be paid to the owner or forfeited to the
municipality.
(3.5)
Foreclosure by the municipality due to violation of the regulations
governing affordable housing units shall not extinguish the restrictions
of the regulations governing affordable housing units as the same
apply to the low- and moderate-income unit. Title shall be conveyed
to the purchaser at the Sheriff's sale, subject to the restrictions
and provisions of the regulations governing the affordable housing
unit. The owner determined to be in violation of the provisions of
this plan and from whom title and possession were taken by means of
the Sheriff's sale shall not be entitled to any right of redemption.
(3.6)
If there are no bidders at the Sheriff's sale, or if insufficient
amounts are bid to satisfy the first purchase money mortgage and any
prior liens, the municipality may acquire title to the low- and moderate-income
unit by satisfying the first purchase money mortgage and any prior
liens and crediting the violating owner with an amount equal to the
difference between the first purchase money mortgage and any prior
liens and costs of the enforcement proceedings, including legal fees
and the maximum resale price for which the low- and moderate-income
unit could have been sold under the terms of the regulations governing
affordable housing units. This excess shall be treated in the same
manner as the excess which would have been realized from an actual
sale as previously described.
(3.7)
Failure of the low- and moderate-income unit to be either sold
at the Sheriff's sale or acquired by the municipality shall obligate
the owner to accept an offer to purchase from any qualified purchaser
which may be referred to the owner by the municipality, with such
offer to purchase being equal to the maximum resale price of the low-
and moderate-income unit as permitted by the regulations governing
affordable housing units.
(3.8)
The owner shall remain fully obligated, responsible and liable
for complying with the terms and restrictions of governing affordable
housing units until such time as title is conveyed from the owner.
[Added 8-19-2021 by Ord. No. 11-2021]
A.
Outdoor dining is allowed as an accessory use only upon approval
of a permit, where establishments selling food and/or beverages are
permitted per Borough Code, subject to the requirements of this chapter.
Outdoor dining shall be permitted between April 1 to October 31 in
any calendar year.
B.
Outdoor dining shall comply with federal, state, county and/or local
distancing requirements imposed by any law and/or executive order
in effect at any particular time. To the extent that local requirements
are permitted to preempt such federal, state and county requirements,
such local requirements shall govern.
C.
Permit required. Outdoor dining shall be subject to the following
permitting requirements:
(1)
No person shall operate outdoor dining within the Borough without
having first obtained an outdoor dining permit in accordance with
the requirements of this section. The permit shall be issued by the
Borough Zoning Officer only if all requirements associated with outdoor
dining herein are or will be satisfied. The use of the permit shall,
however, be subject to other applicable federal, state, county and
Borough regulations, executive orders and states of emergency.
(2)
Applicants shall provide evidence of ownership or sufficient
control over the proposed outdoor dining area.
(3)
Permits shall be not transferable.
(4)
Permits shall be renewed annually, upon application and payment
of fee. Applications for renewal of (previously approved) outdoor
dining permits which have no changes from the initial application
may submit a license renewal form, updated insurance information and
annual fee only.
(5)
Any person or entity that has received approval of outdoor dining by resolution of the Borough Planning Board or Board of Adjustment is exempt from the above permitting requirement and fees set forth herein. All resolutions of the Planning Board or Board of Adjustment that include an approval for outdoor dining shall have as a condition of approval the agreement of the applicant to abide by the other provisions of Section 13-5.14.
(6)
The fee for an outdoor dining area permit shall be $50, payable
upon submission of the application.
D.
Application. Each applicant for an outdoor dining area permit shall
submit and file the appropriate application with the Zoning Officer,
together with three copies of an outdoor dining area plan, as defined
below, and the appropriate fee. The Zoning Officer, in consultation
with the appropriate Borough officials, as necessary, shall approve,
disapprove or modify the application and outdoor dining area plan
within ten (10) business days following its submission.
E.
Outdoor dining area plan. The "outdoor dining area plan" shall be
drawn to scale but does not require professional seals and may be
prepared by the applicant. The plan shall include the following information,
and such other additional information, if any, as may be deemed necessary
and subsequently requested by the Zoning Officer:
(1)
Identification of the principal building to which the outdoor
dining is connected.
(2)
The proposed design and location of: the outdoor dining area
with identified setbacks from curbs and buildings and setbacks to
property lines; all temporary structures, equipment and apparatus
to be used in connection with its operation, including any proposed
tables, chairs, tents, canopies, umbrellas, planters, awnings, lighting,
heat lamps and electrical outlets (if any); and the location of any
fire hydrant, plug or standpipe, utility pole, parking meter, or other
permanent fixture between the principal building and the curb, including
a clear indication of the presence of the required pedestrian passageway
and ADA clearance.
(3)
A plan for the control of litter, the removal and storage of
garbage and the cleaning of fixtures and public sidewalks.
F.
Additional rules, regulations and specifications. The establishment,
use and operation of the outdoor dining area shall comply with the
following additional rules, regulations and specifications:
(1)
The outdoor dining area shall be operated and maintained in
accordance with the outdoor dining area plan as finally approved,
and by the same person or entity who operates and maintains the principal
establishment selling food and/or beverages to which the outdoor dining
area is associated.
(2)
No furniture, apparatus, decoration or appurtenance used in
connection with the operation of the outdoor dining area shall be
located in such a way that will impede the safe and speedy ingress
and egress to or from any building or structure.
(3)
Outdoor dining areas, including associated furniture, apparatus,
decoration or other item used in connection with the outdoor dining,
shall not be located to project or protrude into a four-foot pedestrian
passageway and ADA clearance. A four-foot passageway shall be measured
from the curb where applicable and must be maintained on the public
sidewalk at all times so as to not obstruct pedestrian traffic.
(4)
The Borough reserves the right to order the temporary suspension
of outdoor dining and the removal of all fixtures from public sidewalks
due to road or utility construction, predicted high winds or severe
weather, predicted snow or ice storms, the need to remove snow or
ice from the sidewalks, or any other public emergency that may arise.
(5)
All associated furniture, apparatus, decoration or other items
used in connection with outdoor dining shall be removed from the outdoor
dining area by the permittee within one week of the termination of
the outdoor dining season.
(6)
Though not required, any table service provided at the outdoor
dining area shall be provided by persons engaged or employed for that
purpose and shall be furnished to seated patrons only.
(7)
The outdoor dining area shall be kept clean and free of litter
and shall be washed as required. The establishments shall provide
trash receptacles and are responsible for keeping the area clean and
orderly. If no table service is provided, the trash receptacles shall
also include those needed for recycling.
(8)
Noise shall be kept at such a level as to comply in all respects
with the provisions of applicable ordinances of the Borough.
(9)
Adequate lighting shall be provided for safety of outdoor dining
patrons.
(10)
The hours of operation of the outdoor dining area shall coincide
with the hours of operation of the principal use to which it is accessory.
All outdoor dining and seating areas can operate only between the
hours of 7:00 a.m. and 10:00 p.m.
(11)
Smoking and vaping of any kind are prohibited in outdoor dining
areas.
(12)
Outdoor seating is excluded from calculating parking requirements.
(13)
All other applicable ordinances of the Borough shall also be
complied with.
G.
Consumption of alcoholic beverages. The applicant may permit the
consumption of alcoholic beverages in the outdoor dining area as follows:
(1)
An applicant that does not possess a liquor license may permit
its patrons to consume alcoholic beverages brought to the premises
by its patrons to the extent permitted by Borough ordinance and the
Alcoholic Beverage Control Board.
(2)
An applicant that possesses a plenary retail consumption permit
must amend their liquor permit to include the outdoor dining area
in order to permit the consumption of alcoholic beverages therein
by its patrons, subject to applicable law and regulations, including
the Alcoholic Beverage Control Board.
H.
Indemnification. The applicant shall indemnify and save harmless
the Borough, its employees, agents or officers from all claims, losses,
liens, expenses, suits and attorney fees (liabilities) arising from
the placement, operation and maintenance of the applicant's outdoor
dining. No outdoor dining permit shall be issued unless the permitee
shall have first executed and filed with the Borough Zoning Officer
an indemnification agreement pursuant to which the permitee, in further
consideration of the issuance of the permit, shall agree to forever
defend, protect, indemnify and save harmless the Borough, its officers,
agents and employees, from and against any and all claims, causes
of action, injuries, losses, damages, expenses, fees and costs, including
attorneys' fees, arising out of or which may arise out of the permitee's
operation of such outdoor dining area.
I.
Insurance. Prior to issuing the permit, the applicant shall submit
evidence of naming the Borough as an additional insured under the
applicant's general liability insurance, with a minimum required limit
of $1,000,000, bodily injury, property damage and personal injury,
and maintain such insurance for such time as the outdoor dining exists.
The following wording must appear on the insurance certificate: "The
certificate holder (Borough of Morris Plains) is included as an additional
insured." A copy of the current policy shall be submitted to the Clerk's
office prior to expiration.
J.
Notice of violation; failure to comply. Upon a determination by the
appropriate Borough official that an applicant has violated one or
more of such provisions applicable to the use or operation of outdoor
dining, the appropriate Borough official shall give written notice
to the applicant to correct such violation within 24 hours of the
receipt of such notice. In the event that the applicant fails or refuses
to correct the violation within such period, the applicant's outdoor
dining area permit shall be automatically and immediately revoked
without the need for further action.
K.
Penalties. Any person convicted of a violation of any of the provisions
of this section shall be subject to a fine of at least $200 but not
exceeding $500 for each and every offense for each day in which the
violation has not been abated.
L.
Should any state, county or Borough law, rule, regulation, ordinance
or executive order permit outdoor dining more lenient than permitted
via this chapter, then the provisions of such law, regulation or executive
order shall apply upon adoption of such a resolution by the Borough
Council.