Borough of Morris Plains, NJ Article 5 Zoning Regulations

§ 13-5.1 Zone districts and enforcement.

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.

§ 13-5.2 General and special use provisions.

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]

(a) Dumpsters are permitted within any yard, provided that:

(i) Where located in a side or rear yard, the dumpster shall meet the setback requirements for accessory structures.

(ii) Where located in a front yard, the dumpster shall be located within the driveway area and setback at least 25 feet from the curbline.

(b) Dumpsters shall be permitted for a duration not exceeding 45 days, or during the course of active construction.

(c) Dumpster containers shall be covered when not in use and shall be promptly removed and emptied upon filling.

(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]

(a) Townhouse complexes in the R-4 Zone.

(b) Public or institutional building complexes.

(c) Shopping center development.

(d) Office building complexes.

(e) Research, industrial or manufacturing building complexes.

(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.

(5) (Reserved)[4]

[4] Editor's Note: Former Subsection B(5), Adult-care centers, was repealed 10-5-2023 by Ord. No. 14-2023.

(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]

(6.8) Deer fencing shall be permitted in any yard and subject to the following requirements:

[Added 5-15-2008 by Ord. No. 12-2008]

(a) Fence shall be of an open web or grid material and shall be black or green in color;

(b) Fencing shall be permitted up to a height of eight feet.

(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]

§ 13-5.3 Nonconforming buildings, structures and uses.

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.

§ 13-5.4 Conditional uses.

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.

§ 13-5.5 Hotel and Specified Use Overlay Zone applicable to portions of B-3 Business Zone.

[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]

(1) Research, design, and testing laboratories.

(2) Executive conference and training centers.

(3) Hotels, including accessory restaurant, banquet and recreational facilities.

(4) Any combination of the above.

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.

K. Signs. The sign provision of Section 13-5.8 applicable to the I Zone shall be complied with.

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.

§ 13-5.5.1 L-2 Mixed-Use Commercial Use Overlay Zone.

[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:

(1) Helistops existing in the Overlay Zone on the date that this section is enacted may continue to operate in accordance with the terms and conditions of its license and any other applicable permits and approvals and shall not be subject to the terms of Section 13-5.4A.

(2) Wireless telecommunications antenna and facilities subject to the conditions of Section 13-5.4E.

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.

(4.1) The minimum setback of any building from any lot line of a residentially zoned property shall be 55 feet.

(4.2) The minimum setback of any parking area or interior roadway from any lot line of a residentially zoned property shall be 25 feet.

(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.

(3.3) The following are preferred building materials for facades:

(a) Brick.

(b) Cast/cultivated stone and/or other masonry facing.

(c) Fiber cement siding or backboard.

(d) Metal panels.

(e) Metal and glass.

(f) Synthetic stucco.

(g) Wood siding.

(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.

(7) Other site signage. All other site signage aside from the signage permitted according to the requirements of § 13-5.5L(1) through (6) shall conform with § 13-5.8A.

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:

(2.1) Setback at least 10 feet from the property line

(2.2) Be buffered by landscaping and/or other screening.

(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.

§ 13-5.6 Townhouse development in R-4 Zone.

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.

§ 13-5.6.1 Multifamily development in R-5 District.

[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).

(2) Affordable housing units shall meet the requirements as set forth in Section 13-5.2C4.[1]

[1] Editor's Note: Section 13-5.2C, Requirements for developments increasing the Borough of Morris Plains' growth share obligation for affordable housing, was repealed 9-6-2018 by Ord. No. 17-2018. See now Section 13-5.13.

§ 13-5.6.2 R-6 Multifamily residential development.

[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:

(1) Private swimming pools.

(2) Administrative offices.

(3) Recreation facilities.

(4) Multi-purpose and social activity rooms.

(5) Uses customarily incidental to multifamily development.

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.

E. Minimum setbacks. All principal buildings shall meet the following setbacks:

(1) Front yard: 50 feet.

(2) Rear yard: 20 feet.

(3) Side yard: 40 feet.

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:

(1) Individual dwelling units shall meet the following minimum floor area sizes:

Two-bedroom units: 1,400 square feet.

Three-bedroom units: 1,700 square feet.

(2) A maximum of 50% of the entire development, not to exceed 35 units, shall be three-bedroom dwelling units.

L. Landscaping requirements. All development within the district shall comply with the following minimum landscaping requirements:

(1) Provide minimum width of landscaped buffers within the following yards:

(1.1) Front yard: 35 feet.

(1.2) Side yard: 25 feet.

(1.3) Rear yard: 10 feet.

(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.

(2.1) Fences, freestanding walls and retaining walls.

(2.2) Driveway and other access improvements providing direct access to the tract from an exterior roadway.

(2.3) Detention, retention and similar drainage facilities and utility structures.

(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.

§ 13-5.6.3 AF-1 Affordable Housing Residential District.

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]

(1) Occupancy limitations for household size and household age criteria of affordable units shall be in accordance with Section 13-5.13.

(2) Affordable units shall be affirmatively marketed in accordance with Section 13-5.13.

M. Landscaping requirements. All development within the district shall comply with the following minimum landscaping requirements:

(1) Provide minimum width of landscaped buffers within the following yards:

(1.1) Front yard: 15 feet.

(1.2) Side yard (building): 15 feet.

(1.3) Rear yard: 15 feet.

(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.

(2.1) Fences, freestanding walls and retaining walls.

(2.2) Driveway and other access improvements providing direct access to the tract from an exterior roadway.

(2.3) Detention, retention and similar drainage facilities and utility structures.

(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.

§ 13-5.6.4 AF-2 Affordable Housing Residential District.

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]

(1) Occupancy limitations for household size and household age criteria of affordable units shall be in accordance with Section 3-5.13.

(2) Affordable units shall be affirmatively marketed in accordance with Section 13-5.13.

M. Landscaping requirements. All development within the district shall comply with the following minimum landscaping requirements:

(1) Provide minimum width of landscaped buffers within the following yards:

(1.1) Front yard: 15 feet.

(1.2) Side yard (building): 15 feet.

(1.3) Rear yard: 15 feet.

(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.

(2.1) Fences, freestanding walls and retaining walls.

(2.2) Driveway and other access improvements providing direct access to the tract from an exterior roadway.

(2.3) Detention, retention and similar drainage facilities and utility structures.

(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.

§ 13-5.6.5 R-7 Apartment/Multifamily residential.

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:

(1) Private swimming pools.

(2) Administrative offices.

(3) Recreation and social activity rooms.

(4) Multi-purpose rooms.

(5) Uses customarily incidental to multifamily development.

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.

E. Minimum setbacks. All principal buildings shall meet the following setbacks:

(1) Front yard: 60 feet.

(2) Rear yard: 40 feet.

(3) Side yard: 50 feet.

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).

(4) Internal directory signs shall be permitted, provided that they meet the following standards:

(4.1) Minimum setback from street right-of-way: 20 feet.

(4.2) Maximum area: six square feet.

(4.3) Maximum height: four feet.

(4.4) Maximum number of directional signs: 10 units.

(5) Building-mounted signs shall be permitted, provided that they meet the following standards:

(5.1) Maximum number of signs per building: one.

(5.2) Maximum area: 10 square feet.

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:

(1) Provide minimum width of landscaped buffers within the following yards:

(1.1) Front yard: 35 feet.

(1.2) Side yard: 20 feet.

(1.3) Rear yard: 25 feet.

(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.

(2.1) Fences, freestanding walls, retaining walls, signs and trails.

(2.2) Driveway and other access improvements providing direct access to the tract from an exterior roadway.

(2.3) Detention, retention and similar drainage facilities and utility structures.

(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.).

§ 13-5.7 Off-street parking and loading.

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).

§ 13-5.8 Signs.

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:

(i) Change of sign area, dimension, height or location;

(ii) Change of sign letters, logos, symbols or other design or construction;

(iii) Change of any aspect of sign illumination; and

(iv) Change of sign material or color.

(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:

(i) Letters and elements painted on the background in a contrasting color.

(ii) Letters and elements carved into the signboard and painted in a contrasting color.

(iii) Raised letters and elements attached or applied to the breakboard or building frieze.

(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:

(i) The total area of all such signs shall not exceed the maximum sign area permitted for the building wall.

(ii) The total width of all such signs shall not exceed the maximum sign width permitted for the building wall.

(iii) All such signs shall be placed at the same height on the building wall.

(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:

(2.1) Signs attached to the canopy or marquee shall not extend above, below or to the sides of the canopy or marquee.

(2.2) The front line of said canopy or marquee shall be construed as being the face of the building.

(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:

(a) Establishment logo or emblem.

(b) Name of establishment.

(c) Name or identification or principal product or service provided.

(d) Words of information or direction such as, "open", "closed", "entrance", and the like.

(e) Any combination of the above.

(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]

(1) One freestanding or pylon sign is permitted and subject to the following requirements:

(1.1) The sign shall not exceed 75 square feet in area.

(1.2) The sign shall not exceed 20 feet in height.

(1.3) The sign shall not be closer than 20 feet to any street right-of-way line.

(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.

(2.4) Internal directory signs shall be permitted, provided that they meet the following standards:

(a) Minimum setback from street right-of-way: 20 feet.

(b) Minimum setback from any property line: 150 feet.

(c) Maximum height: six feet.

(d) Maximum length: 12 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.

§ 13-5.9 Steep slopes.

[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. 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.

DEVELOPMENT

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.

DISTURBANCE

The placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting, or removing of vegetation.

IMPERVIOUS SURFACE

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.

REDEVELOPMENT

The construction of structures or improvements on areas which previously contained structures or other improvements.

STEEP SLOPES

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.

§ 13-5.10 Riparian Zone.

[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. 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.

ACID-PRODUCTING SOILS

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.

APPLICANT

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.

CATEGORY ONE WATERS or C1 WATERS

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.

DISTURBANCE

The placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting, or removing of vegetation.

INTERMITTENT STREAM

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.

LAKE, POND, or RESERVOIR

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.

PERENNIAL STREAM

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.

RIPARIAN ZONE

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.

SPECIAL WATER RESOURCE PROTECTION AREA or SWRPA

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).

SURFACE WATER BODY(IES)

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.

THREATENED OR ENDANGERED SPECIES

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.

TROUT MAINTENANCE WATER

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.

TROUT PRODUCTION WATER

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.

§ 13-5.11 Tabor Road Planned Unit Development District.

[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:

(1.1) Townhouse dwelling structures as defined in Section 13-2.1.

(1.2) Interlocking townhouse dwelling structures as defined in Section 13-2.1.

(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:

(4.1) Restaurants.

(4.2) Retail sales and service uses with the exception of pharmacies, and all uses prohibited in the B-1 Zone per Section 13-5.2A(12.1), except for drive-up restaurants and exercise studios, which shall be permitted.

(4.3) Medical offices.

(5) Hotel component. The following principal uses shall be permitted:

(5.1) Hotel.

(6) Open space-north component. The following principal uses shall be permitted:

(6.1) Walking and bicycle trails.

(6.2) Lands to be deed restricted to prohibit any excavation or other disturbances, including vegetation removal, construction, placement of new buildings or structures, pavement or other impervious surfaces.

(7) Open space-west component. The following principal uses shall be permitted:

(7.1) Walking and bicycle trails.

(7.2) Picnic and seating areas.

(7.3) Active and passive outdoor recreation facilities.

(7.4) Utility access roads and services.

(8) Open space-south component. The following principal uses shall be permitted:

(8.1) Walking and bicycle trails.

(8.2) Stormwater management facilities.

(8.3) Active and passive outdoor recreation facilities.

(8.4) Utility access roads and services.

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:

(9.1) Brick.

(9.2) Cultivated stone and/or other masonry facing.

(9.3) Fiber cement siding or backboard.

(9.4) Metal panels.

(9.5) Metal and glass.

(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:

(1.1) There shall be 20 two-story townhouse dwellings.

(1.2) There shall be 67 three-story townhouse dwellings.

(1.3) There shall be 28 interlocking townhouse dwellings.

(1.4) There shall be 24 stacked townhouse dwellings.

(2) Required bedroom distribution. The required bedroom distribution shall be as follows:

(2.1) There shall be a minimum of 14 two-bedroom units.

(2.2) There shall be a maximum of 125 three-bedroom units.

(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.

(5.2) Minimum setback to any interior roadway shared with the multifamily apartment component:

(a) For townhouse or interlocking townhouse dwellings: 13 feet.

(b) For stacked townhouse dwellings: 20 feet.

(5.3) Minimum setback from any interior roadway in the townhouse component:

(a) Front of structures: 20 feet.

(b) End of structures: 9.5 feet.

(6) Minimum distance between buildings (excluding patios and balconies or stairs).

(6.1) Rear to rear of townhouse dwelling structures: 50 feet.

(6.2) End to end of townhouse dwelling structures: 35 feet.

(6.3) End to end of interlocking townhouse dwelling structures: 40 feet.

(6.4) Stacked townhouse dwelling structures and any other building: 40 feet.

(7) Number of dwelling units in any single building.

(7.1) Townhouse dwelling structures shall have a minimum of four units and a maximum of five units.

(7.2) Interlocking townhouse dwelling structures shall have a minimum of 12 units and a maximum of 16 units.

(7.3) Stacked townhouse dwelling structures shall have a minimum and maximum of 12 units.

(8) Minimum square footage of dwelling units. Dwelling units shall meet the following minimum thresholds:

(8.1) Two-bedroom units: 1,000 square feet.

(8.2) Three-bedroom units: 1,200 square feet.

(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.

(7) Minimum square footage of dwelling units.

(7.1) A minimum of 80% of the market-rate units shall meet the following minimum thresholds, exclusive of loft areas:

(a) One-bedroom units: 750 square feet.

(b) Two-bedroom units: 1,000 square feet.

(7.2) A maximum of 20% of the market-rate units may meet the following minimum thresholds, exclusive of loft areas:

(a) One-bedroom units: 650 square feet.

(b) Two-bedroom units: 900 square feet.

(7.3) 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:

(a) One-bedroom units: 600 square feet.

(b) Two-bedroom units: 850 square feet.

(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.

(2) Required bedroom distribution.

(2.1) There shall be 19 two-bedroom units.

(2.2) There shall be 15 three-bedroom 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%.

(5) Minimum setbacks.

(5.1) The minimum building setback from Tabor Road shall be 250 feet.

(5.2) The minimum building setback from any parking area shall be 10 feet.

(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:

(6.1) One-bedroom units: 600 square feet.

(6.2) Two-bedroom units: 850 square feet.

(6.3) Three-bedroom units: 1,150 square feet.

(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%.

(3) Minimum setbacks.

(3.1) The minimum building setback from Tabor Road shall be 95 feet.

(3.2) The minimum parking setback from Tabor Road shall be 10 feet.

(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. Development standards for the hotel component.

(1) Maximum building height. The maximum building height as defined in Section 13-2.1 shall be five stories/86 feet.

(2) Maximum impervious coverage: 90%.

(3) Minimum setbacks.

(3.1) The minimum building setback from Tabor Road shall be 145 feet, exclusive of canopies and porte cocheres.

(3.2) The minimum parking area setback from Tabor Road shall be 10 feet.

(4) Building design requirements.

(4.1) Windows shall occupy at least 25% of the facade area.

(4.2) A change in plane and variation in materials and/or detailing should be provided for any windowless wall area in excess of 20 feet in length.

M. Development standards for the open space-south component.

(1) Stormwater management facilities.

(1.1) Stormwater management facilities shall be permitted.

(1.2) All surface detention basins and other aboveground stormwater management facilities shall be screened from adjoining streets and properties as required by the Planning Board to create and/or maintain an attractive natural environment.

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.

(2) Retail/service/restaurant component.

(2.1) One parking space shall be provided per 200 square feet of gross floor area for retail and service uses.

(2.2) One space for each 2.5 seats for restaurant uses.

(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.

§ 13-5.12 R-8 Residence District.

[Added 9-6-2018 by Ord. No. 15-2018]

A. Permitted principal uses. The following principal uses shall be permitted:

(1) Townhouse dwelling structures as defined in Section 13-2.1.

(2) Multifamily condominium buildings with a maximum of 12 dwelling units per building.

(3) A multifamily apartment building with a maximum of 125 dwelling units.

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%.

(11) Minimum setbacks between buildings. The minimum setbacks between buildings shall be as follows:

(11.1) Front to front: 80 feet.

(11.2) Front to side: 50 feet.

(11.3) Side to side: 30 feet.

(11.4) Rear to rear: 50 feet.

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:

(4.1) Brick.

(4.2) Cultivated stone and/or other masonry facing.

(4.3) Fiber cement siding or backboard.

(4.4) Metal panels.

(4.5) Metal and glass.

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:

(3.1) Affordable units in the multifamily apartment building shall provide 1.5 spaces per unit.

(3.2) Affordable age-restricted units in the multifamily apartment building shall provide one space per unit.

(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.

(1) Maximum building height. The maximum building height as defined in Section 13-2.1 shall be as follows:

(1.1) Townhouse dwelling structures: 36 feet/two stories.

(1.2) Multifamily condominium buildings: 50 feet/four stories.

(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:

(a) There shall be a maximum of six one-bedroom units.

(b) There shall be a minimum of 16 two-bedroom units.

(c) There shall be a minimum of six three-bedroom units.

(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:

(3.1) One-bedroom units: 600 square feet.

(3.2) Two-bedroom units: 850 square feet.

(3.3) Three-bedroom units: 1,150 square feet.

(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:

(1) Certificates of occupancy must be issued for 100% of the AHUs prior to issuance of certificates of occupancy for 55% of the market-rate units [which pace of AHU delivery exceeds the COAH phasing schedule at N.J.A.C. 5:93-5.6(d)];[1]

[1] Editor's Note: N.J.A.C. Title 5, Ch. 93, expired 10-16-2016.

(2) Under no circumstance shall any certificates of occupancy be issued for market-rate units within the multifamily apartment building until such time as certificates of occupancy are issued for all AHUs within the multifamily apartment building.

§ 13-5.13 Affordable housing ordinance.

[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) Definitions. The following terms, when used in this section, shall have the meanings given in this paragraph.

ACCESSORY APARTMENT

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.

ACT

The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.)

ADAPTABLE

Constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.

ADMINISTRATIVE AGENT

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.

AFFIRMATIVE MARKETING

A regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.

AFFORDABILITY AVERAGE

The average percentage of median income at which restricted units in an affordable housing development are affordable to low- and moderate-income households.

AFFORDABLE

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.

AFFORDABLE DEVELOPMENT

A housing development all or a portion of which consists of restricted units.

AFFORDABLE HOUSING DEVELOPMENT

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.

AFFORDABLE HOUSING PROGRAM(S)

Any mechanism in a municipal Fair Share Plan prepared or implemented to address a municipality's fair share obligation.

AFFORDABLE UNIT

A housing unit proposed or created pursuant to the Act, and affordable.

AGE-RESTRICTED UNIT

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.

AGENCY

The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).

ALTERNATIVE LIVING ARRANGEMENT

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.

ASSISTED-LIVING RESIDENCE

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.

CERTIFIED HOUSEHOLD

A household that has been certified by an Administrative Agent as a low-income household or moderate-income household.

COAH

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.).

DCA

The State of New Jersey Department of Community Affairs.

DEFICIENT HOUSING UNIT

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.

DEVELOPER

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.

DEVELOPMENT

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.

INCLUSIONARY DEVELOPMENT

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.

LOW-INCOME HOUSEHOLD

A household with a total gross annual household income equal to 50% or less of the median household income.

LOW-INCOME UNIT

A restricted unit that is affordable to a low-income household.

MAJOR SYSTEM

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.

MARKET-RATE UNITS

Housing not restricted to low- and moderate-income households that may sell or rent at any price.

MEDIAN INCOME

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.

MODERATE-INCOME HOUSEHOLD

A household with a total gross annual household income in excess of 50% but less than 80% of the median household income.

MODERATE-INCOME UNIT

A restricted unit that is affordable to a moderate-income household.

NON-EXEMPT SALE

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.

RANDOM SELECTION PROCESS

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).

REGIONAL ASSET LIMIT

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.

REHABILITATION

The repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.

RENT

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.

RESTRICTED UNIT

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").

SPECIAL MASTER

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.

UHAC

The Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et seq.

VERY-LOW-INCOME HOUSEHOLD

A household with a total gross annual household income equal to 30% or less of the median household income.

VERY-LOW-INCOME UNIT

A restricted unit that is affordable to a very-low-income household.

WEATHERIZATION

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:

(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; and

(iii) A two-bedroom unit shall be affordable to a two-person household or to two one-person households.

(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:

(a) Provide an occupant for each bedroom;

(b) Provide children of different sex with separate bedrooms;

(c) Provide separate bedrooms for parents and children; and

(d) Prevent more than two persons from occupying a single bedroom.

(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:

(a) Sublease or assignment of the lease of the unit;

(b) Sale or other voluntary transfer of the ownership of the unit; or

(c) The entry and enforcement of any judgment of foreclosure.

(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.

§ 13-5.14 Outdoor dining.

[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.

(7) Outdoor dining permits shall be valid unless or until there is a change of ownership or change of outdoor dining area plan, in which case a new application must be filed with the Zoning Officer per Section 13-5.14D.

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.