[Amended 1-19-2005 by Ord. No. 26-2004; 5-1-2006 by Ord. No. 9-2006]
A.
Permitted principal uses.
(1)
One-family dwellings.
(2)
Institutional uses, churches and similar places of worship, parish houses, convents, cemeteries and, other such facilities of recognized religious groups as conditional uses in accordance with the procedures and requirements of Article XXI.
(3)
Municipal parks, playgrounds and buildings.
(5)
Community residences for the developmentally disabled and community shelters for victims of domestic violence shall be a permitted use in all residential districts of a municipality and the requirements therefor shall be the same as for single family dwelling units located within such districts; provided, however, that in the case of community residences for the developmentally disabled or community shelter for victims of domestic violence housing more than six persons, excluding resident staff, zoning requirements of § 300-101B shall apply.
B.
Permitted accessory uses.
(1)
Private garages.
(2)
Normal residential storage structures.
(3)
Other normal residential structures such as private
swimming pools, fireplaces, trellises, lampposts and the like.
(6)
The office of a member of a recognized profession
who is in residence on the lot, provided that not more than 50% of
the floor area of one story or the basement is devoted to such use;
and further provided that not more than one person other than a resident
of the premises shall be employed by such professional person.
(7)
No more than two roomers or boarders per dwelling.
C.
Requirements for townhouses.
(1)
Area and density requirements.
(a)
Lot area. There shall be a minimum lot area
of 120,000 square feet.
(b)
Density. There shall be no more than 10 townhouse
dwelling units per acre nor more than 25 bedrooms per acre. For the
purpose of this section, a bedroom shall be construed to be any habitable
room other than a living room, dining room, kitchen or bath.
(c)
Building coverage. The total ground floor area
of all buildings shall not exceed 20% of the lot area.
(3)
Distance between buildings. There shall be a minimum
distance between townhouse dwelling structures of 50 feet, except
that where a side wall of one townhouse dwelling structure faces a
side wall of another dwelling structure, there shall be a minimum
distance of 25 feet; provided, however, that if an access drive is
located between principal structures, the minimum distance shall be
50 feet.
(4)
Building requirements.
(a)
Height. No building shall exceed a height of
2 1/2 stories or 36 feet, whichever is the lesser.
(b)
Units per building. No townhouse dwelling structure
shall contain more than eight townhouse dwelling units.
(c)
Building plans and elevations shall show a variation
in design of units and structures to be achieved by types of roof,
heights of eaves and peaks, building materials and architectural treatment
of the building facade.
(5)
Townhouse dwelling unit requirements.
(a)
Each townhouse dwelling unit shall contain as
a minimum a separate living room, a separate bedroom, a separate bath,
a basement or cellar for storage and utilities, an enclosed garage
and a separate kitchen, which kitchen facility shall be located separate
and apart from other rooms in the unit with the exception of the dining
room.
(b)
Minimum floor area. Each townhouse dwelling
unit shall have a minimum floor area exclusive of attic, basement
and cellar floors of 600 square feet plus 200 square feet for each
habitable room, exclusive of living rooms, dining rooms or dinettes,
kitchens and bathrooms.
(c)
No room within the townhouse dwelling unit intended
for human habitation shall be located in a cellar, basement or attic
except that a cellar or basement may contain a family room or recreation
room.
(d)
Each townhouse dwelling unit shall have individual
private outside front and rear entrances.
(e)
Each townhouse dwelling unit shall contain its
own heating plant and system and shall constitute a separate, independent
unit for metering and all other purposes with respect to all required
utilities and similar conveniences. No central or common laundry or
similar facilities intended for two or more dwelling units shall be
permitted in a townhouse development.
(f)
Each townhouse dwelling unit shall have an individual
private yard area or open patio or court adjoining the unit of at
least 15 feet in depth. Steps, roof overhangs, bay windows and similar
features shall not project into such area more than three feet. Each
private yard area, patio or court shall be effectively screened from
adjoining units by a fence, wall, or natural screening in order to
provide a reasonable degree of privacy.
(6)
Accessory buildings.
(a)
Setbacks. Accessory buildings shall meet the
street setback of the principal building and shall be at least 25
feet from a principal building and 15 feet from a property line or
other accessory building. Clubhouses, swimming pools and recreation
facilities shall be at least 50 feet from a principal building or
property line.
(b)
Height. The maximum height of an accessory building
shall be 16 feet.
(c)
Design. Architectural design and materials used
in the construction of accessory buildings shall conform to those
used in the construction of principal buildings.
(8)
Landscaping and open space. Exclusive of internal
roadways and parking areas, there shall be provided a minimum of 20%
of the entire tract for common open space and facilities.
[1]
Editor's Note: In the R-1E District, one-family dwellings are a permitted primary principal use, according to the Zoning Schedule of Requirements included as an attachment to this chapter.
A.
Permitted principal uses.
B.
Requirements for multifamily dwellings.
(1)
Height, yard, area and density requirements.
(a)
Height. No building shall exceed a height of
2 1/2 stories or 35 feet, whichever is the lesser.
(b)
Yards.
[1]
Front yard. There shall be a front yard of not
less than 25 feet.
[2]
Side yard. There shall be two side yards and
no side yard shall be less than 15 feet. On a corner lot the side
yard shall meet the front yard setback on the side street.
[3]
Rear yard. There shall be a rear yard of at
least 35 feet.
(c)
Minimum lot area. There shall be a minimum lot
area of 40,000 square feet which shall be measured within 250 feet
of the front property line.
(d)
Density. There shall be a maximum density of
12 dwelling units per acre. In addition, there shall be a maximum
density of 18 habitable rooms per acre, exclusive of living rooms,
dining rooms or dinettes, kitchens and bathrooms.
(2)
Building requirements.
(a)
Length of building. No building or group of
buildings structurally joined end to end shall exceed 150 feet in
length; provided, however, that not more than three such buildings
or groups of structurally joined buildings may be structurally joined
at 90°.
(b)
Units per building. No building shall contain
more than 12 dwelling units and no dwelling unit shall be located
in an attic, basement or cellar.
(c)
Distance between buildings. There shall be a
minimum distance of 30 feet between principal structures. If an access
drive is located between principal structures, the minimum distance
between the structures shall be 50 feet. In addition, the following
requirements shall be met:
[1]
Buildings which are parallel to one another
or approximately so but which overlap one another, shall be at least
30 feet apart at the closest point; provided, however, that for every
foot or part thereof of overlap in excess of 30 feet, the building
shall be an additional 60 inches apart.
[2]
Buildings which are parallel to one another
or approximately so but which overlap by 10 feet or less may abut
one another, except that there shall be no more than three buildings
so joined in a group.
(d)
Construction. The outside walls of all building
shall be of fire resistant material, such as brick, stone or masonry,
as approved by the Planning Board. Interior walls separating dwelling
units shall also be constructed with fire-resistant material.
(e)
Maximum building coverage. The total ground
floor area of all principal and accessory buildings shall not exceed
30% of the lot area.
(3)
Dwelling unit requirements.
(a)
Minimum floor area. Each dwelling unit shall
have a minimum floor area of 500 square feet plus 150 square feet
for each habitable room exclusive of living room, dining room or dinette,
kitchen and bathrooms.
(b)
Each dwelling unit shall have at least two exterior
exposures with at least one window in each exposure.
(c)
Floors and ceilings and partitions between dwelling
units shall be constructed so as to have a minimum airborne sound
transmission loss classification of 50 decibels. The Planning Board
shall ascertain that reasonable measures are taken in floor and ceiling
construction to avoid disturbing levels of impact sound.
(d)
Basement storage space of 500 cubic feet shall
be provided for each dwelling unit.
(4)
Garages and accessory buildings. Garages may be built
into the apartment structure or separately constructed as hereinafter
provided.
(a)
Size. Each garage space shall be at least 10
feet in width and 20 feet in depth. Each group of attached garages
shall have a joint capacity of not more than 10 automobiles arranged
in a row, and there shall be a minimum distance of 10 feet between
structures.
(b)
Height. The maximum height of any garage or
accessory structure shall be 15 feet.
(c)
Yards. Garages or other accessory structures
may be built in the side and rear yards only. No such structure shall
be closer than 10 feet to any property line nor 10 feet to any other
buildings. No garage or accessory structure shall be located in the
side yard adjoining a street.
(d)
Design. Architectural design and materials used
in the construction of garages and other accessory structures shall
conform to the design and materials used in the construction of the
principal buildings.
(6)
Landscaping and open space. At least 15% of the gross
site area shall be devoted to common open space suitable for use by
the residents for recreation.
(7)
Miscellaneous.
(a)
Television antennas shall be limited to one
master antenna per building.
(b)
Air conditioning units shall not extend more
than 18 inches from the exterior wall.
(c)
Basement laundry facilities may be provided
in each building. Outside clothes drying is prohibited.
(d)
There shall be no incinerators on the premises
or in the buildings. All trash and garbage shall be stored at all
times in airtight covered containers which shall be kept in a centrally
located, concealed area outside the building.
(e)
Swimming pools, restricted to the use of tenants,
are permitted subject to all applicable local and state requirements.
(f)
Except for laundry machines, there shall be
no coin-operated machines.
C.
Low- and moderate-income housing and nonprofit housing
for the elderly.
[Amended by Ord. No. 5-94]
(2)
Setback requirements. No building shall be located
within 35 feet of a public street or residential zone, property line
nor within 15 feet of a nonresidential zone property line.
(3)
Distance between buildings. There shall be a minimum
distance between principal buildings of 40 feet.
(4)
Building height. No building shall exceed a height
of 2 1/2 stories or 36 feet, whichever is the lesser.
(5)
Community space. No less than 10 square feet of floor
area for each dwelling unit shall be devoted to community room or
common recreational use in a housing development for the elderly.
(6)
Garages and accessory buildings. Garages may be built
into the principal buildings or separately constructed as hereinafter
provided.
(a)
Size. Each garage space shall be at least 10
feet in width and 20 feet in depth. Each group of attached garages
shall have a joint capacity of not more than 10 automobiles arranged
in a row, and there shall be a minimum distance of 10 feet between
structures.
(b)
Height. The maximum height of any garage accessory
structure shall be 15 feet.
(c)
Yards. Garages or other accessory structures
may be built in the side and rear yards only. No such structure shall
be closer than 25 feet to any property line nor 10 feet to any other
buildings. No garage or accessory structure shall be located in the
side yard adjoining a street.
(d)
Design. Architectural design and materials used
in the construction of garages and other accessory structures shall
conform to the design and materials used in the construction of the
principal buildings.
(8)
Landscaping and open space. At least 15% of the gross
site area shall be devoted to common open space suitable for use by
the residents for recreation.
(9)
Miscellaneous.
(a)
Television antennas shall be limited to one
master antenna per building.
(b)
Air conditioning units shall not extend more
than 18 inches from the exterior wall.
(c)
Basement laundry facilities may be provided
in each building. Outside clothes drying is prohibited.
(d)
There shall be no incinerators on the premises
or in the buildings. All trash and garbage shall be stored at all
times in airtight covered containers which shall be kept in a centrally
located, concealed area outside the building.
(e)
Swimming pools, restricted to the use of tenants,
are permitted subject to all applicable local and state requirements.
[Added 8-20-2018 by Ord.
No. 19-2018; amended 11-5-2018 by Ord. No. 23-2018]
A.
Purpose. The purpose of the AH-I Zone is to allow the district to continue to be developed with a mix of uses that are consistent with those permitted in the I-1 Industrial Zone, while also allowing the option of development under an alternative development scheme for the construction of inclusionary townhouse development as set forth at § 300-104.1E. This alternative development scheme creates an opportunity for the construction of low- and moderate-income housing in the Town of Boonton, which can thereby help address the fair share housing obligation of the Town of Boonton under the New Jersey Fair Housing Act.[1] Any residential development in the AH-I Zone shall be
additionally regulated by the Town of Boonton Affordable Housing Ordinance.[2]
B.
STACKED TOWNHOUSE
TOWNHOUSE DWELLING STRUCTURE
TOWNHOUSE DWELLING UNIT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A townhome in which one unit is "stacked" on top of the other,
up to two units total. Each of the units in a stacked townhome must
have its own exterior entrance.
A series of adjoining one-family dwelling units that are
separated from the adjacent dwelling unit by an approved wall extending
from the foundation through the roof and structurally independent
of the corresponding wall of the adjoining unit. They have a totally
exposed front and rear wall to be used for access, light, and ventilation.
One of a series of single-family dwelling units attached
by a common wall between it and the adjacent unit or units together
with individual front and rear entrances and yards designed as an
integral part of each unit and having been constructed in conformity
with an approved subdivision and site development plan.
C.
Permitted uses. In the AH-I Zone, no lot, plot, parcel or tract of
land shall be built on, altered, or have a structure erected and used
for any purpose other than that of:
(2)
Townhouse residential units, to be designed pursuant to § 300-104.1E.
D.
Requirements for uses permitted in the I-1 Industrial District. Any use permitted in the I-1 Industrial District shall be subject to all standards applicable to the I-1 Industrial District as set forth elsewhere in this chapter, including, but not limited to the Schedule of Requirements at Chapter 300, Attachment 1, and the performance standards and procedures for building permits and certificates of occupancy at § 300-111.
E.
Requirements for townhouses. Any development of townhouse residential
units under the alternative development scheme shall be subject to
the following requirements:
(1)
Permitted accessory uses. The following accessory uses are permitted:
(2)
Prohibited uses. Any use other than townhouse residential units and the accessory uses expressly set forth above at § 300-104.1E(1) above are prohibited under the alternative development scheme. Industrial uses otherwise permitted in the AH-I Zone are expressly prohibited on the same lot as townhouse residential development.
(3)
Affordable housing.
(a)
All townhouse developments constructed in the AH-I District
shall be required to set aside a minimum percentage of units for affordable
housing. Where units will be for sale, the minimum set aside shall
be 20%. Where units will be for rent, the minimum set aside shall
be 15%. When calculating the required number of affordable units,
any computation resulting in a fraction of a unit shall be rounded
upwards to the next whole number.
(b)
All affordable units to be produced pursuant to this section shall comply with the Town's Affordable Housing Ordinance at Chapter 70 of the Town Code, as may be amended and supplemented, the Uniform Housing Affordability Controls ("UHAC") (N.J.A.C. 5:80-26.1 et seq.), or any successor regulation, and the Town's Housing Element and Fair Share Plan, as may be amended from time to time. This includes, but is not limited to, the following requirements for all affordable units:
[1]
Low/moderate income split: A maximum of 50% of
the affordable units shall be moderate-income units and a minimum
of 50% of the affordable units shall be low-income units. At least
13% of all restricted rental units shall be very-low-income units,
which shall be counted as part of the required number of low-income
units within the development.
[2]
Bedroom mix. If the development is not age-restricted,
the following bedroom mix shall apply:
[a]
The combined number of efficiency and one-bedroom
units shall be no greater than 20% of the total low- and moderate-income
units;
[b]
At least 30% of all low- and moderate-income units
shall be two-bedroom units;
[c]
At least 20% of all low- and moderate-income units
shall be three-bedroom units; and
[d]
The remaining units may be allocated among two-
and three-bedroom units at the discretion of the developer.
(c)
Deed restriction and affordability control period. All affordable units shall be deed restricted for a minimum period of at least 30 years. The affordability control period on all restricted ownership and/or rental units shall commence on the date the initial certified household takes title to the unit, and shall continue to run for at least 30 years. At the conclusion of the thirty-year term, the deed restrictions and affordability controls shall continue to remain in effect until such time as the municipality elects to release the unit from the deed restrictions and affordability controls by formal adoption of an ordinance within a reasonable time after conclusion of the initial minimum thirty-year term (the "deed restriction period"). The affordability controls and deed restrictions shall not automatically expire. At the conclusion of the initial thirty-year term, the municipality may unilaterally extend the deed restrictions and affordability controls for an additional thirty-year consecutive term by formal adoption of a resolution in accordance with N.J.A.C. 5:80-26.25 of the Uniform Housing Affordability Controls ("UHAC"). During the deed restriction period, sale, use, and rental of each affordable unit shall be subject to the Uniform Housing Affordability Controls ("UHAC"), set forth at Title 5, Chapter 80, Subchapter 26 (N.J.A.C. 5:80-26.1 et seq.), as may be amended from time to time hereafter. All sales and rentals of affordable units shall be on approved uniform affordable housing deeds and/or leases as set forth in the appendices of the UHAC.
[Amended 12-16-2019 by Ord. No. 21-2019]
(d)
Administrative agent: All affordable units shall be administered
by a qualified administrative agent paid for by the developer.
(e)
Other affordable housing unit requirements: Developers shall
also comply with all of the other requirements of the Town's Affordable
Housing Ordinance, including, but not limited to, affirmative marketing
requirements, candidate qualification and screening requirements,
integrating the affordable units amongst the market rate units, and
unit phasing requirements. Developers shall ensure that the affordable
units are dispersed between all of the buildings on its site, and
shall identify the exact location of each affordable unit at the time
of site plan application.
(4)
Height, yard, area, and density requirements.
(a)
Height. No building shall exceed a height of three stories or
42 feet, whichever is the lesser.
(b)
Yards.
[1]
Front yard. There shall be a front yard of not
less than 25 feet.
[2]
Side yard. No side yard shall be less than 15 feet.
On a lot that fronts two intersecting roadways, whether private or
public streets, the side yard fronting on said roadway shall meet
the front yard requirement.
[3]
Rear yard. There shall be a rear yard of at least
15 feet.
(c)
Minimum lot area. There shall be a minimum lot area of 290,000
square feet.
(d)
Density. There shall be a maximum density of 16 dwelling units
per acre.
(5)
Building requirements.
(a)
Location of building. Dwelling units, buildings and their front
facades shall be oriented towards the public and/or private roadway.
Primary dwelling unit entrances shall be located on the front facade
of any structure that is oriented towards the public and/or private
roadway. Where the dwelling unit or building does not front a public
and/or private roadway, they shall be oriented towards interior open
spaces. All units and buildings shall be oriented away from parking
lots.
(b)
Units per building. No building shall contain more than six
dwelling units in a townhome configuration and 12 dwelling units in
a stacked townhome configuration and no dwelling unit shall be located
in an attic, basement, or cellar.
(c)
Distance between buildings. There shall be a minimum distance
of 50 feet between principal structures. If an access drive is located
between principal structures, the minimum distance between the structures
shall be 50 feet. In addition, the following requirements shall be
met:
[1]
Buildings which are parallel to one another or
approximately so but which overlap one another, shall be at least
50 feet apart at the closest point; provided, however, that for every
foot or part thereof of overlap in excess of 40 feet, the buildings
shall be an additional 60 inches apart.
(d)
Construction. The outside walls of a building shall be of fire-resistant
material, such as brick, stone or masonry, as approved by the Planning
Board. Interior walls separating dwelling units shall also be constructed
with fire-resistant material.
(e)
Maximum building coverage. The total ground floor area of all
principal and accessory buildings shall not exceed 30% of the lot.
(f)
Design. In order to provide attractiveness, identity and individuality
to dwelling units, buildings and complexes of buildings within the
entire development and to avoid the monotonous repetition of design
elements and its undesirable visual effects, the following design
standards shall be utilized:
[1]
Varying dwelling unit widths, staggering dwelling
unit setbacks and altering building heights and rooflines;
[2]
Varying architectural embellishments to roofs between
dwelling units, buildings or complexes of buildings including roof
elements such as dormers, belvederes, masonry chimneys and similar
elements, provided that such are architecturally compatible with the
style, materials, colors and details of the building;
[3]
Varying the front entrance definition and articulation
between dwelling units, buildings or complexes of buildings, provided
that such are architecturally compatible with the style, materials,
colors and details of the building.
(6)
Dwelling unit requirements.
(a)
(b)
Each townhouse dwelling unit shall contain as a minimum a separate
living room, a separate bedroom, a separate bath, a basement or cellar
for storage and utilities, an enclosed garage and a separate kitchen,
which kitchen facility shall be located separate and apart from other
rooms in the unit with the exception of the dining room.
(c)
No room within the townhouse dwelling unit intended for human
habitation shall be located in a cellar, basement or attic except
that a cellar or basement may contain a family room or recreation
room.
(d)
Each dwelling unit shall have at least two exterior exposures
with at least one window in each exposure.
(e)
Floors and ceilings and partitions between dwelling units shall
be constructed so as to have a minimum airborne sound transmission
loss classification of 50 decibels. The Planning Board shall ascertain
that reasonable measures are taken in floor and ceiling construction
to avoid disturbing levels of sound impact.
(f)
Each dwelling unit shall be provided with a completely enclosed,
covered storage space. Such storage area shall be exclusive of normal
interior closets and may either be contained within the dwelling unit
or building, attached thereto or located separately.
(g)
Buildings with residential uses shall provide laundry facilities
and central air conditioning for each dwelling unit. No central or
common laundry or similar facilities intended for two or more dwelling
units shall be permitted in a townhouse development. Window air conditioning
units are not permitted. Outside clothes drying is prohibited.
(h)
Garages shall be built into the apartment structure. Each garage
space shall be at least 10 feet in width and 20 feet in depth. Each
townhouse dwelling structure shall have a joint capacity of not more
than 10 automobiles.
(i)
Each townhouse dwelling unit shall have an individual private
yard area or open patio or court adjoining the unit of at least 15
feet in depth. Steps, roof overhangs, bay windows and similar features
shall not project into such area more than three feet. Each private
yard area, patio or court shall be effectively screened from adjoining
units by a fence, wall, or natural screening in order to provide a
reasonable degree of privacy.
(7)
Accessory structures.
(b)
Height. The maximum height of any accessory structure shall
be 15 feet; provided however, that the maximum height of a clubhouse
shall be 25 feet and two stories.
(c)
Yards. Accessory structures may be built in the side and rear
yards only. No such structure shall be closer than 15 feet to any
property line nor 15 feet to any other buildings. No accessory structure
shall be located in the side yard adjoining a street.
(d)
Design. Architectural design and materials used in the construction
of accessory structures shall conform to the design and materials
used in the construction of the principal buildings.
(e)
Community space. Any proposed townhome development may incorporate
interior community space, such as a wellness/fitness center, business
center, concierge services, recreation room, and library services.
All these services should be for the use of building residents only.
(f)
Outdoor recreational facilities. Any proposed townhome development
may incorporate exterior community space, such as swimming pools,
playgrounds, walking paths, and patio or picnic areas. All these services
should be for the use of building residents only.
(8)
Off-street parking.
(b)
All required parking must be provided on-site.
(c)
Garages may be counted as parking space.
(d)
Parking shall be located to the rear of the building and/or
the interior of the site where its visual impact to adjacent properties
and the public-right-of-way will be minimized. Parking is prohibited
in the front yard.
(e)
Adequate fire and emergency access must be provided subject
to the Town of Boonton Fire Department.
(f)
On-site parking shall not be provided for any use or to any
party other than a resident or visitor of the site, nor shall parking
areas be used for any purpose other than parking.
(g)
Signage shall be provided where parking spaces are to be reserved
for residents. Visitor parking shall be signed and painted for each
space designated for such a purpose.
(h)
Adequate parking facilities for accessibility to people with
mobility impairments shall be provided as required by the Americans
with Disabilities Act (ADA).
(9)
Landscaping and open space.
(a)
At least 20% of the gross site area shall be devoted to common
open space suitable for use by the residents for recreation.
(b)
There shall be a comprehensive landscape plan prepared by a
certified landscape architect which shall detail the location, type,
size and any planting note for the proposed landscape materials. This
plan shall be subject to the approval of the Planning Board.
(c)
A landscaped buffer with a minimum of at least 15 feet in width
and eight feet in height at planting shall be provided for any residential
development in the AH-I Zone which abuts a nonresidential use or zone.
Said buffer shall be subject to approval by the Planning Board pursuant
to site plan review.
(d)
No use or structure, including parking or loading areas, shall
be permitted within the required buffer area, but the Planning Board
may, upon a finding of reasons thereof, permit a portion of a buffer
area to be used for utility easements, or streets to ensure access
to or from adjacent property, and the Board may also permit a portion
of a buffer area to be used for detention or retention basin, provided
that the basin is designed as a landscaping feature, and further provided
that the landscaping plan for the buffer area is determined by the
Planning Board to meet the objective of the buffer area.
(e)
Active and passive recreational areas and other public and/or
semipublic open space, such as courtyards, plazas, alleys and pedestrian
walkways, shall be designed to promote use and enjoyment by residents
of the development. Such areas shall be designed to utilize natural
features of the site, including existing vegetation, where possible,
and shall be extensively landscaped with a wide variety of plant materials.
(10)
Lighting.
(a)
Adequate lighting shall be provided for all common areas and
pedestrian walkways.
(b)
All outdoor lighting, including street lamps and accent lighting,
should comply with dark sky standards intended to reduce light pollution.
Dark sky standards require that lighting is downcast, illuminates
only the intended areas, and does not cause disabling glare that affects
driver safety and reduces the visibility of starry night skies.
(c)
Lighting for the development must be contained on the property
on which the development is located.
(d)
LED lighting shall be permitted in addition to all of the conditions
of the land use ordinance standards for lighting.
(11)
Miscellaneous.
(a)
Television connections shall be provided for each unit. Television
antennas shall be limited to one master antenna per building.
(b)
Through-wall air-conditioning units that project beyond the
building wall are not permitted.
(c)
There shall be no incinerators on the premises or in the buildings.
All trash and garbage shall be stored at all times in airtight covered
containers which shall be kept in a centrally located, concealed area.
They may be stored in private garages or outside of buildings. If
the materials are stored outside, they must be kept in a permanent
enclosure with a latching gate in a centrally located, concealed area
approved by the Planning Board.
(d)
Buildings containing dwelling units located above the second
story and requiring a second means of egress pursuant to the Uniform
Construction Code shall not utilize an attached external fire escape
as one of the required means of egress.
(e)
Amenities restricted to the use of the residents and their guests
are permitted subject to all applicable local and state requirements.
(f)
Swimming pools, restricted to the use of tenants, are permitted
subject to all applicable local and state requirements.
(g)
Internal walkways shall be provided to provide a pedestrian
connection to any site development amenities, such as a clubhouse,
recreational facilities, pools, etc.
(h)
Internal walkways shall be a minimum of four feet wide and shall
be designed to comply with the requirements of the Americans with
Disabilities Act (ADA).
(12)
Bicycle parking requirements.
(a)
A designated area within the development shall be provided for
bicycle parking. The area can be permitted inside the buildings or
outside in a protected area. Parking shall be provided in such a way
that allows for a bicycle to be properly secured, via a bicycle rack
or locker.
(b)
A minimum of two bike parking spaces per six units shall be
required.
[Added 10-21-2019 by Ord.
No. 15-2019]
A.
Purpose. The purpose of the R-4 Zone is to create an opportunity
for the construction of low- and moderate-income housing in the Town
of Boonton and thereby address the fair share housing obligation of
the Town of Boonton under the New Jersey Fair Housing Act.[1] This R-4 Zone shall be additionally regulated by the Town
of Boonton Affordable Housing Ordinance.[2]
C.
D.
Affordable housing.
(1)
All townhouse developments constructed in the R-4 Residence
District shall be required to set aside a minimum percentage of units
for affordable housing. Where units will be for sale, the minimum
set-aside shall be 20%. Where units will be for rent, the minimum
set-aside shall be 15%. When calculating the required number of affordable
units, any computation resulting in a fraction of a unit shall be
rounded upwards to the next whole number.
(2)
All affordable units to be produced pursuant to this section shall comply with the Town's Affordable Housing Ordinance at Chapter 70 of the Town Code, as may be amended and supplemented, the Uniform Housing Affordability Controls ("UHAC") (N.J.A.C. 5:80-26.1 et seq.), or any successor regulation, and the Town's Housing Element and Fair Share Plan, as may be amended from time to time. This includes, but is not limited to, the following requirements for all affordable units:
(a)
Low-/moderate-income split. A maximum of 50% of the affordable
units within each bedroom distribution shall be moderate-income units
and a minimum of 50% of the affordable units within each bedroom distribution
shall be low-income units. At least 13% of all restricted rental units
shall be very-low-income units, which shall be counted as part of
the required number of low-income units within the development.
(b)
Bedroom mix. If the development is not age-restricted, the following
bedroom mix shall apply:
[1]
The combined number of efficiency and one-bedroom
units shall be no greater than 20% of the total low- and moderate-income
units;
[2]
At least 30% of all low- and moderate-income units
shall be two-bedroom units;
[3]
At least 20% of all low- and moderate-income units
shall be three-bedroom units; and
[4]
The remaining units may be allocated among two-
and three-bedroom units at the discretion of the developer.
(c)
Deed restriction and affordability control period. All affordable units shall be deed-restricted for a minimum period of at least 30 years. The affordability control period on all restricted ownership and/or rental units shall commence on the date the initial certified household takes title to the unit, and shall continue to run for at least 30 years. At the conclusion of the thirty-year term, the deed restrictions and affordability controls shall continue to remain in effect until such time as the municipality elects to release the unit from the deed restrictions and affordability controls by formal adoption of an ordinance within a reasonable time after conclusion of the initial minimum thirty-year term (the "deed restriction period"). The affordability controls and deed restrictions shall not automatically expire. At the conclusions of the initial thirty-year term, the municipality may unilaterally extend the deed restrictions and affordability controls for an additional thirty-year consecutive term by formal adoption of a resolution in accordance with N.J.A.C. 5:80-26.25 of the Uniform Housing Affordability Controls ("UHAC"). During the deed restriction period, sale, use, and rental of each affordable unit shall be subject to the Uniform Housing Affordability Controls ("UHAC"), set forth at Title 5, Chapter 80, Subchapter 26 (N.J.A.C. 5:80-26.1 et seq.) as may be amended from time to time hereafter. All sales and rentals of affordable units shall be on approved uniform affordable housing deeds and/or leases as set forth in the appendices of the UHAC.
(d)
Administrative agent. All affordable units shall be administered
by a qualified administrative agent paid for by the developer.
(e)
Other affordable housing unit requirements. Developers shall
also comply with all of the other requirements of the Town's Affordable
Housing Ordinance,[3] including, but not limited to, 1) affirmative marketing
requirements, 2) candidate qualification and screening requirements,
3) integrating the affordable units amongst the market rate units,
and 4) unit phasing requirements. Developers shall ensure that the
affordable units are dispersed between all of the buildings on its
site, and shall identify the exact location of each affordable unit
at the time of site plan application.
E.
Requirements for townhouses.
(3)
Distance between buildings. There shall be a minimum distance
between townhouse dwelling structures of 50 feet, except that where
a side wall of one townhouse dwelling structure faces a side wall
of another dwelling structure, there shall be a minimum distance of
25 feet; provided, however, that if an access drive is located between
principal structures, the minimum distance shall be 50 feet.
(4)
Building requirements.
(a)
Height. No building shall exceed a height of 2 1/2 stories
or 36 feet, whichever is the lesser.
(b)
Units per building. No townhouse dwelling structure shall contain
more than six townhouse dwelling units.
(c)
Building plans and elevations shall show a variation in design
of units and structures to be achieved by types of roof, heights of
eaves and peaks, building materials and architectural treatment of
the building facade.
(d)
Each townhouse dwelling unit shall be separated from adjoining
units by a firewall constructed in accordance with the Town Building
Code.
(5)
Townhouse dwelling unit requirements.
(a)
Each townhouse dwelling unit shall contain as a minimum a separate
living room, a separate bedroom, a separate bath, a basement or cellar
for storage and utilities, an enclosed garage and a separate kitchen,
which kitchen facility shall be located separate and apart from other
rooms in the unit with the exception of the dining room.
(b)
Minimum floor area. Each townhouse dwelling unit shall have
a minimum floor area exclusive of attic, basement and cellar floors
of 600 square feet plus 200 square feet for each habitable room, exclusive
of living rooms, dining rooms or dinettes, kitchens and bathrooms.
(c)
No room within the townhouse dwelling unit intended for human
habitation shall be located in a cellar, basement or attic except
that a cellar or basement may contain a family room or recreation
room.
(d)
Each townhouse dwelling unit shall have individual private outside
front and rear entrances.
(e)
Each townhouse dwelling unit shall contain its own heating plant
and system and shall constitute a separate, independent unit for metering
and all other purposes with respect to all required utilities and
similar conveniences. No central or common laundry or similar facilities
intended for two or more dwelling units shall be permitted in a townhouse
development.
(f)
Each townhouse dwelling unit shall have an individual private
yard area or open patio or court adjoining the unit of at least 15
feet in depth. Steps, roof overhangs, bay windows and similar features
shall not project into such area more than three feet. Each private
yard area, patio or court shall be effectively screened from adjoining
units by a fence, wall, or natural screening in order to provide a
reasonable degree of privacy.
(6)
Accessory buildings.
(a)
Setbacks. Accessory buildings shall meet the street setback
of the principal building and shall be at least 25 feet from a principal
building and 15 feet from a property line or other accessory building.
(b)
Height. The maximum height of an accessory building shall be
15 feet.
(c)
Design. Architectural design and materials used in the construction
of accessory buildings shall conform to those used in the construction
of principal buildings.
(7)
Off-street parking.
(b)
All required parking must be provided on-site.
(c)
Garages may be counted as parking space.
(d)
Parking is prohibited in the front yard.
(e)
Adequate fire and emergency access must be provided subject
to the Town of Boonton Fire Department.
(f)
On-site parking shall not be provided for any use or to any
party other than a resident or visitor of the site, nor shall parking
areas be used for any purpose other than parking.
(g)
Signage shall be provided where parking spaces are to be reserved
for residents. Visitor parking shall be signed and painted for each
space designated for such a purpose.
(8)
Open space, landscaping, and buffers.
(a)
At least 20% of the gross site area shall be devoted to common
open space for passive or active recreation, or conservation.
(b)
There shall be a comprehensive landscape plan prepared by a
certified landscape architect which shall detail the location, type,
size and any planting note for the proposed landscape materials. This
plan shall be subject to the approval of the Planning Board.
(c)
A landscape buffer shall be provided where a townhouse development
abuts a nonresidential use or zone. The buffer shall be a minimum
of 15 feet in width and eight feet in height at planting. The buffer
shall provide a year-round visual screen and minimize adverse impacts
from the site on adjacent properties.
(d)
No use or structure, including parking or loading areas, shall
be permitted within the required buffer area, but the Planning Board
may, upon a finding of reasons thereof, permit a portion of a buffer
area to be used for utility easements, or streets to ensure access
to or from adjacent property, and the Board may also permit a portion
of a buffer area to be used for a detention or retention basin, provided
that the basin is designed as a landscaping feature, and further provided
that the landscaping plan for the buffer area is determined by the
Planning Board to meet the objective of the buffer area.
(e)
Active and passive recreational areas and other public and/or
semipublic open space, such as courtyards, plazas, alleys and pedestrian
walkways, shall be designed to promote use and enjoyment by residents
of the development. Such areas shall be designed to utilize natural
features of the site, including existing vegetation, where possible,
and shall be extensively landscaped with a wide variety of plant materials.
(9)
Lighting.
(a)
Adequate lighting shall be provided for all common areas and
pedestrian walkways.
(b)
All outdoor lighting, including street lamps and accent lighting,
should comply with dark-sky standards intended to reduce light pollution.
Dark-sky standards require that lighting is downcast, illuminates
only the intended areas, and does not cause disabling glare that affects
driver safety and reduces the visibility of starry night skies.
(c)
Lighting for the development must be contained on the property
on which the development is located.
(d)
LED lighting shall be permitted in addition to all of the conditions
of the Land Use Ordinance standards for lighting.
(10)
Miscellaneous.
(a)
Television antennas or dishes shall be limited to one master
antenna. Multiple antennas or dishes may be installed on the rooftop,
provided they are not visible from the street level.
(b)
Through-wall air-conditioning units that project beyond the
building wall are not permitted.
(c)
All trash and recyclables shall be stored in covered containers.
They may be stored within private garages or outside of buildings.
If the materials are stored outside, they must be kept in a permanent
enclosure with a latching gate in a centrally located, concealed area
approved by the Planning Board.
(d)
Amenities restricted to the use of the residents and their guests
are permitted subject to all applicable local and state requirements.
(e)
Buildings containing dwelling units located above the second
story and requiring a second means of egress pursuant to the Uniform
Construction Code shall not utilize an attached external fire escape
as one of the required means of egress.
(f)
Internal walkways shall be provided to provide a pedestrian
connection to any site development amenities, such as a clubhouse,
recreational facilities, pools, etc.
A.
Permitted principal uses.
(1)
Retail stores and shops for retail business conducted
entirely within the confines of a building, provided that any process
of manufacture, assembly, treatment or conversion involves a product
or service intended to be sold or provided directly to the ultimate
consumer; and further provided that not more than five mechanics or
production workers are involved in any such process. This section
shall be deemed to exclude motels, tourist and trailer camps, junk
yards, warehouse storage buildings, coal or fuel storage yards, motor
vehicle service stations, public garages or industrial uses, and new
residential dwellings.
(2)
Banks and financial institutions.
(3)
Central telephone exchanges.
(4)
Offices for professional, business and executive purposes.
(5)
Restaurants and taverns, but not including drive-in
restaurants or refreshment stands where food, drink and confections
are served outside the buildings, or where food is intended to be
consumed in cars parked on the premises.
(6)
Theaters.
(7)
Hotels.
(8)
Funeral homes.
(9)
Vocational schools, or studios for the instruction
of the arts, dancing, music, languages, photography.
(10)
Public buildings and uses.
(11)
Nonprofit clubs, lodges and fraternal, civic,
service or charitable organizations.
(12)
Parking garages.
(13)
Institutional uses.
A.
Permitted principal uses. Designed shopping centers consisting of a building or group of buildings limited to those business uses permitted in § 300-105A(1) through (7).
C.
Required conditions. Shopping centers shall meet all
applicable requirements of this chapter and, in addition, shall comply
with the following:
(1)
Parking spaces shall be separated from buildings by
a concrete sidewalk located at least six inches above the paved surface.
The sidewalk shall be at least 10 feet in width along the front of
a building and six feet in width along the side and rear building
walls.
(2)
A concealed area for the orderly deposit and pickup
of trash shall be provided at the rear of each building.
(3)
A marginal access or service roadway to serve parking
areas shall be provided as required by the Planning Board.
A.
Permitted principal uses.
[Amended by Ord. No. 31-94]
(1)
Office buildings for business, professional and executive
purposes.
(2)
Banks and financial institutions.
(3)
Medical clinics with private dispensaries.
(4)
Shops for hairdressing and dressmaking, but not including
the retail sale of already manufactured goods except for accessory
articles incidental to the primary service.
(5)
Studios for artists and musicians including instruction
in art and music.
(6)
Institutional uses.
(7)
Any use permitted in the R-2 Residential District
as regulated in that District.
[Added by Ord. No. 15-99; amended by Ord. No. 16-99]
A.
B-5 Regional Shopping Center District. The new zone
created by way of this section shall be known as the "B-5 Regional
Shopping Center District."
B.
Permitted uses within the B-5 Regional Shopping Center District.
[Amended 6-20-2011 by Ord. No. 11-2011]
(1)
The B-5 Regional Shopping Center District is designed for a single
building or group of buildings to be utilized as a single economic
unit exclusively for retail sales and services or professional offices,
subject to the following enumeration of specifically permitted and
prohibited uses:
(a)
Retail stores and shops for retail businesses. Snacks such as
hot dogs, popcorn, coffee and soda may be sold as part of the retail
operation.
(b)
Banks and financial institutions.
(c)
Central telephone exchanges.
(d)
Restaurants and taverns, including drive-in restaurant.
(e)
Theaters.
(f)
Automotive service centers.
(g)
Supermarkets.
(2)
Within the B-5 Regional Shopping Center District, all retail operations
shall be conducted within the confines of the buildings with the exception
that in connection with a home improvement store or similar facility,
there may be conducted outside the confines of the building an outdoor
garden center and/or other exterior display and/or storage areas,
but said areas shall not encompass more than 25% of the area of the
building to which the outdoor garden center exterior display shall
be attached, and area shall be appropriately screened as required
by the Town Planning Board upon site plan review.
D.
Required conditions. The following requirements must
be complied with in the B-5 Regional Shopping Center District:
(1)
The maximum height of any building shall not exceed
40 feet inclusive of roof tanks and supports, chimneys or head houses
or similar enclosures for elevators or air-conditioning machinery
or other similar apparatus. All equipment placed on the roof shall
be properly screened.
(3)
Minimum lot area. The minimum lot area shall be 20
acres.
(5)
Off-street loading. Loading and unloading shall be
limited to the side and rear of the building and not in a yard adjoining
a street or residential zone unless screened from view.
E.
Site plan review. Any development in the B-5 Regional
Shopping Center District shall be subject to site plan review by the
Town Planning Board and in that connection the Planning Board shall
specifically consider the following items:
(1)
Site lighting including the establishment of limitations
on light intensity, spread of illumination and height of fixtures.
(2)
Signage.
(3)
Parking lot landscaping. The following minimum requirements
for landscaped areas within parking lots shall be required:
(a)
Within each parking area there shall be a landscaped
curbed island at least 10 feet in width at each end of every parking
bay. These islands shall be landscaped with grass lawns, shade and
specimen trees as required by the Planning Board.
(b)
All those portions of all front, rear and side
yards that are not used for off-street parking or other impervious
surfaces shall be attractively planted and maintained with trees,
shrubs, plants, and grass lawns as required by the Planning Board.
(4)
Adequate storm drainage facilities shall be provided
as directed by the Planning Board so that no downstream property is
adversely affected as the result of storm drainage flowing from the
tract.
(6)
Although an applicant for site plan approval within
the B-5 Zone is not required to obtain an environmental impact statement,
all development within the B-5 Zone shall not proceed until a remedial
action work plan has been approved by NJDEP to address all hazardous
substances in soils on the tract which is the subject of the development
application.
(7)
Any applicant for the site plan review within the
B-5 Zone shall be required to make reasonable traffic studies to identify
traffic and circulation problems and to correct or contribute to their
correction in accordance with law.
(8)
Any applicant for site plan review within the B-5
Zone shall obtain Morris County Soil Conversation District approval
in accordance with law.
A.
Permitted principal uses.
(1)
Business, commercial and industrial uses permitted
in all the business and industrial districts.
(2)
Operations involving the bulk storage of materials,
such as lumber yards, fuel storage yards, wholesale stores, plumbing
supplies and building construction supplies including the sale of
such materials.
(3)
Buildings for recreational activities, such as bowling,
tennis and similar indoor recreational uses, but not including outdoor
commercial amusements.
(4)
Public buildings and uses.
A.
Permitted principal uses. These zone districts are
intended for the following uses conducted entirely within the confines
of the buildings.
[Amended by Ord. No. 29-94]
(1)
Processes of manufacturing, fabrication, packaging,
treatment or conversion of products.
(2)
Scientific or research laboratories devoted to research,
design and/or experimentation and processing and fabricating incidental
thereto.
(3)
Office buildings for business, professional, executive
and administrative purposes.
(4)
Warehouses, trucking, terminals and wholesale distribution
centers.
(5)
Public buildings and uses.
(6)
Storage and maintenance of construction vehicles and
equipment.
(7)
Off-street parking in accordance with all applicable provisions of Part 3 of this chapter intended to serve an adjoining nonresidential use in an adjoining nonresidential zone, including an adjoining nonresidential zone in another municipality, provided that any access to such off-street parking shall be located at least 150 feet from an intersection. In addition, any street providing access to such parking that serves a nonresidential use in an adjoining municipality shall extend into the adjoining municipality.
B.
C.
Performance standards. Before the issuance of any
building certificate of occupancy, all of the following regulations
must be complied with:
(1)
Fire and explosion hazards. All activities shall be
carried on only in structures which conform to the standards of the
National Fire Protection Association or Factory Insurance Association
or Boonton Building Code or Fire Prevention Code, whichever is more
restrictive. All operations shall be carried on and combustible raw
materials, fuels, liquid and finished products shall be stored in
accordance with the standards of said National Fire Protection Association
or Factory Insurance Association.
(2)
Smoke, fumes, gases, dust, odors. There shall be no
emission of smoke, fumes, gases, dust, odors or other atmospheric
pollutant which shall exceed the limitations imposed by the Town Smoke
Ordinances,[2] other applicable ordinance of the Town or the Board of
Health, or applicable state pollution control laws, whichever is more
restrictive.
(3)
Liquid or solid waste. The discharge of any industrial
waste shall at all times conform to pertinent state or municipal health
and sanitary codes or any other applicable ordinance of the Town of
Boonton.
(4)
Vibration. There shall be no vibration which is discernible
to the human sense of feeling beyond the immediate site on which such
use is conducted.
(5)
Noise. There shall be no operational noise emanating
from any commercial or industrial establishment which, when measured
at the property line adjacent to a residential or another commercial
or industrial establishment, exceeds the requirements of Chapter 29,
Noise Control Regulations, N.J.A.C. 7:29, of the New Jersey State
Department of Environmental Protection.
(6)
Glare. There shall be no direct or sky reflected glare
exceeding 0.5 footcandles measured at the property line of the lot
occupied by such use. This regulation shall not apply to lights used
at the entrances or exits of service drives leading to a parking lot.
D.
Procedure for building permits and certificates of
occupancy.
(1)
Prior to the issuance of a building permit or certificate of occupancy, the applicant shall submit plans of the proposed use to the Planning Board in accordance with Part 3 of this chapter. The applicant shall also submit in duplicate all plans of the proposed construction and development, including a description of the proposed machinery, operation and products, as well as an affidavit by the applicant acknowledging his understanding of the applicable performance standards and agreement to conform with the same at all times.
(2)
If there is any reasonable doubt as to the intended
use conforming to the performance standards, the Planning Board shall
request a deposit of $1,000 to be submitted with the application which
will be used to defray the cost of the special reports required to
process it. The Planning Board shall refer the application for investigation
and report to one or more expert consultants selected by the Board
as qualified to advise on conformance to the required performance
standards. Such consultant or consultants shall make their report
within 45 days after his or their receipt of such application. A copy
of such report shall be promptly furnished to the applicant. At the
next regular meeting of the Board or within 30 days of receipt of
consultant's report, whichever comes sooner, the Board shall render
a decision in the form of a written report regarding the application.
Any permit authorized and issued shall be conditioned on, among other
things, the applicant's completed buildings and installations, in
operation, conforming to the applicable performance standards and
the applicant's paying fees in excess of $1,000, if needed, to cover
expert's above-mentioned reports. All moneys not used to pay for the
services of the expert consultant or consultants deemed reasonable
and necessary by the Board for advice shall be returned to the applicant
at the time the Board renders the written decision.
(3)
The designated Town official shall investigate any
alleged violation of the performance standards, and if there are reasonable
grounds to believe that a violation exists, shall notify the Board
of Aldermen. The Board of Aldermen shall investigate the alleged violation
and for such investigation may employ qualified experts. If the experts
find that such a violation exists, the cost of the expert's service
shall be paid by the violator. If there was no violation, the Town
shall pay the costs.
[Added 11-17-2007 by Ord.
No. 17-2007; amended 9-19-2016 by Ord. No. 13-2016]
D.
Requirements for multifamily dwellings in RH Zone.
(1)
Height, yard, area and density requirements.
(a)
Height. No building shall exceed a height of six stories or
85 feet, whichever is the lesser.
(b)
Minimum yard setbacks. All buildings shall be set back a minimum
of five feet from all property lines.
(c)
Minimum lot area. There shall be a minimum lot area of 3.5 acres
or 152,460 square feet.
(d)
Density. There shall be a maximum density of 45 dwelling units
per acre.
(e)
Maximum building coverage. The total ground floor area of all
principal and accessory buildings shall not exceed 60%.
(2)
Building requirements.
(a)
Facade length. No single facade of a building shall exceed 150
feet without a jog or offset of at least four feet.
(b)
Distance between buildings. There shall be a minimum distance
between principal buildings of 30 feet.
(c)
Construction. The outside walls of all buildings shall meet
the requirements of the applicable building codes and shall be of
durable materials such as brick, stone or masonry or other materials
approved by the Planning Board.
(3)
Dwelling unit requirements.
(a)
Bedroom distribution of affordable units, as per N.J.A.C. 5:93-7.3:
[1]
The combination of efficiency and one-bedroom units
is at least 10% and no greater than 20% of the total low- and moderate-income
units; and
[2]
At least 30% of all low- and moderate-income units
are two-bedroom units; and
[3]
At least 20% of all low- and moderate-income units
are three-bedroom units; and
[4]
Development shall conform to N.J.A.C. 5:93-7.3(a)
and (b).
(b)
Bedroom distribution of market units: no dwelling unit shall
have more than two bedrooms.
(c)
Rentals for affordable units, as per N.J.A.C. 5:93-7.4(a) through
(j):
(d)
Floors and ceilings and partitions between dwelling units shall
be constructed so as to have a minimum airborne sound transmission
loss classification of 50 decibels.
(e)
Storage space of 500 cubic feet shall be provided for each dwelling
unit.
(4)
Garages and accessory buildings. Garages may be provided in
structures below the building or within separate structures.
(a)
The maximum height of any separate garage structure shall be
two stories or 25 feet.
(b)
Accessory structures, excluding retaining walls, shall only
be built in the side and rear yards, except for retaining walls. No
accessory structure shall be closer than 10 feet to any property line
and 20 feet to any other building. No accessory structure shall be
located in the side yard adjacent to a street.
(c)
Architectural design and materials used in construction of garages
and other accessory structures shall be compatible with the design
and materials used in the construction of the principal buildings.
(5)
Off-street parking. Off-street parking facilities shall be provided in accordance with the New Jersey Residential Site Improvement Standards (RSIS) as modified and identified below. All parking areas shall be designed in accordance with applicable provisions of Part 4 of this chapter unless otherwise provided for in these sections.
(a)
The minimum number of parking spaces for an efficiency unit
in a high-rise, multifamily building is 0.8 spaces per unit.
(b)
The minimum number of parking spaces for one-bedroom units in
a high-rise, multifamily building is 1.3 spaces per unit.
(c)
The minimum number of parking spaces for two-bedroom units in
a high-rise, multifamily building is 1.8 spaces per unit.
(d)
The minimum number of parking spaces for three-bedroom units
in a high-rise, multifamily building is 2.0.
(e)
Each parking space shall be at least nine feet in width and
18 feet in depth.
(f)
All parking areas and driveways shall be located in a minimum
of five feet from property lines and buildings.
(6)
Landscaping and open space.
(a)
At least 15% of the gross site area shall be devoted to common
open space suitable for use by the residents for either passive or
active recreation.
(b)
There shall be a comprehensive landscape plan prepared by a
certified landscape architect which shall detail the location, type,
size and any planting note for the proposed landscape materials. This
plan shall be subject of the approval of the Planning Board.
(7)
Miscellaneous.
(a)
Television antennas or dishes shall be limited to one master
antenna per building and placed on the roof.
(b)
Through-wall air-conditioning units that project beyond the
building wall are not permitted.
(c)
Laundry facilities may be provided in each building. Outside
clothes drying is prohibited.
(d)
All trash and recyclables shall be stored in covered containers.
They may be stored within the building or garage area. If the materials
are stored outside, they must be kept in a permanent enclosure with
a latching gate in a convenient location approved by the Planning
Board.
(e)
Amenities restricted to the use of the residents and their guests
are permitted subject to all applicable local and state requirements.
(f)
Proposed developments shall attempt to preserve substantial
historic features and buildings. In addition, building facades shall
be treated in a manner compatible with the sites' historical features.
(g)
Proposed developments shall attempt to enhance and provide public
access and connectivity to adjacent green acres property and Main
Street via pedestrian paths and nodes.
(8)
Site plan review. Any development in the RH Residential High-Density District shall be subject to site plan review by the Planning Board as required by Article IX of this chapter. In addition, the Planning Board shall specifically consider the following items:
(a)
The Planning Board shall evaluate site lighting, including the establishment of limitations on light intensity, spread of illumination and height of fixtures, pursuant to the requirements in § 300-60.
(b)
Parking lot landscaping. The following minimum requirements
for landscaped areas within at-grade parking lots shall be required:
[1]
Within each parking area, there shall be landscaped
curbed islands at least five feet in width at each end of every parking
bay. These islands shall be landscaped with grass, lawns, shade and
specimen trees as required by the Planning Board.
[2]
All those portions of all front, rear and side
yards that are not used for off-street parking or other impervious
surfaces, such as sidewalks and driveways, shall be attractively planted
and maintained with trees, shrubs, plants and grass lawns as approved
by the Planning Board.
(c)
Adequate storm drainage facilities shall be provided in conformance
with all federal, state, county and local regulations with specific
concern so that no downstream property or open waters are adversely
affected as the result of storm drainage flowing from the tract.
(e)
Although an applicant for site plan approval within the RH Zone
is not required to obtain an environmental impact statement, all development
within the RH Zone shall not proceed until a remedial action work
plan has been approved by NJDEP to address all hazardous substances
in soils and on the tract which is the subject of the development
application.
(f)
Any applicant for site plan approval within the RH Zone shall
be required to make reasonable traffic studies to identify traffic
and circulation problems and to correct or contribute to the fair
share cost of his or her correction in accordance with law.
(g)
Any applicant for site plan review within the RH Zone shall
obtain Morris County Soil Conservation District approval in accordance
with law.
E.
Affordable obligations.
(1)
At least 20% of the residential units constructed shall be rental
units, reserved for occupancy by low- and moderate-income households.
The minimum number of affordable units shall be 18 rental units.
F.
Applicant shall submit a marketing program in conformance with Substantive
Rule 5:93-11.3 as part of site plan submissions.
G.
The Zoning or Land Use Map of the Town of Boonton is hereby amended
to provide that lots 1.01 and 1.02 in Block 34 are included in the
RH, Residential High-Density Zone.
H.
Homeowners' association documents. When units are condominium or
cooperatively owned, a homeowners' association document shall be submitted
to the Town of Boonton Planning Board for review and approval before
submission to the N.J.D.C.A.
[Added 7-17-2017 by Ord.
No. 13-2017]
A.
Goals of ARU Adaptive Re-Use District are as follows. It is the intent
of this zone to:
(1)
Provide regulations tailored to encourage and promote the rehabilitation/conservation
of older nonused and underutilized industrial and institutional buildings.
(2)
Provide for a mix of uses within said adaptive reuse developments
which promote the economic revitalization of the Town of Boonton.
(3)
Promote the retention of older buildings and lands which enhance
the image and preserve the heritage of the Town of Boonton.
(4)
Provide reasonable standards for the blending of new construction
with existing buildings, so as to allow quality development of older
structures within contemporary development and building standards.
(5)
Encourage bicycle and pedestrian accessibility to the Boonton
Train Station and the Main Street Commercial District, which are within
one-quarter-mile distance from the zone.
B.
Permitted principal uses.
(1)
Apartments or condominiums.
(2)
Live-work art studios.
(3)
Collaborative work spaces.
(4)
Technology and light manufacturing incubators.
(5)
Public buildings and use.
(6)
Vocational schools, or studios for the instruction of the arts,
dancing, music, languages, photography.
(7)
Processes of manufacturing, fabrication, treatment, warehousing,
or conversion of products.
D.
Requirements for developments in ARU Zone.
(1)
Height, yard, area and density requirements.
(a)
Height. No building shall exceed a height of five stories or
75 feet, whichever is the lesser.
(b)
Minimum yard setbacks. All buildings shall be set back a minimum
of five feet from all property lines.
(c)
Minimum lot area. There shall be a minimum lot area of 1.9 acres
or 82,764 square feet.
(d)
Density. There shall be a maximum density of 35 dwelling units
per acre nor more than 127 bedrooms.
(2)
Building requirements.
(a)
Principal structures within the ARU Zone shall be maintained.
(b)
Distance between buildings. There shall be a minimum distance
between principal buildings of 30 feet.
(d)
Construction. The outside walls of all buildings shall meet
the requirements of the applicable building codes and shall be of
durable materials such as brick, stone or masonry or other materials
approved by the Planning Board.
(3)
Dwelling unit requirements.
(a)
Bedrooms. No dwelling unit shall have more than two bedrooms.
(b)
Minimum floor area. All dwelling units shall be a minimum of
750 square feet.
(c)
Floors and ceilings and partitions between dwelling units shall
be constructed so as to have a minimum airborne sound transmission
loss classification of 50 decibels.
(d)
Livable space. As it relates to any one-bedroom units with dens
and/or two-bedroom units with dens:
(4)
Parking structure and accessory buildings. Garages may be provided
in structures below the building or within separate structures.
(a)
The maximum height of any garage structure shall be three stories
or 25 feet, inclusive of ground floor parking.
(b)
Accessory structures shall only be built in the side and rear
yards, except for retaining walls. No accessory structure other than
an accessory parking structure shall be closer than 10 feet to any
property line and 20 feet to any other building.
(c)
Architectural design and materials used in the construction
of parking structures and other accessory structures shall be compatible
with the design and materials used in the construction of the principal
building. In addition, the facade of the parking structure facing
a public street or an adjacent residential use or zone boundary shall
have an architectural finish in keeping with the principal structure
within the zone.
(d)
Internal lighting within the parking deck shall not glare onto
adjacent properties or the right-of-way.
(e)
The proposed deck shall comply with all requirements of the
Americans with Disabilities Act.
(5)
Off-street parking. For residential developments, off-street parking facilities shall be provided in accordance with Article XX and the New Jersey Residential Site Improvement Standards (RSIS) as identified below. All parking areas shall be designed in accordance with applicable provisions of Part 4 of this chapter. In accordance with those standards that state that alternate parking standards shall be accepted if the applicant demonstrates that these standards better reflect local conditions and factors such as household characteristics, mass transit options, urban versus suburban location, and off-street parking resources, the Planning Board may grant deviations and exceptions.
(b)
Each parking space shall be at least nine feet in width and
18 feet in depth. Compact car parking spaces are permitted with dimensions
of at least eight feet in width and 16 feet in depth. However, compact
car spaces may not comprise more than 10% of the overall parking supply,
and shall be signed indicating the spaces are for compact car parking
only.
(c)
All parking areas and driveways shall be located a minimum of
five feet from property lines and buildings.
(d)
Signage shall be provided where parking spaces are to be reserved
for residents and/or for areas used for visitor parking.
(e)
Striped on-street parking may be provided adjacent to the site;
however, such parking may not be used to meeting parking requirements
of a site plan application.
(6)
Lighting, landscaping, and open space.
(a)
Adequate lighting shall be provided for all parking areas and
pedestrian walkways. All outdoor lighting, including street lamps
and accent lighting, should comply with "dark sky" standards intended
to reduce light pollution. Dark sky standards require that lighting
is downcast, illuminates only the intended areas, and does not cause
disabling glare that affects driver safety and reduces the visibility
of starry night skies. Lighting for a building must be contained on
the property on which the building is located. LED lighting shall
be permitted in addition to all of the conditions of the land use
ordinance standards for lighting. This shall be the responsibility
of the property owner.
(b)
At least 20% of the gross site area shall be devoted to open
space for passive or active recreation, or conservation.
(c)
There shall be a comprehensive landscape plan prepared by a
certified landscape architect which shall detail the location, type,
size and any planting note for the proposed landscape materials. This
plan shall be subject to the approval of the Planning Board.
(7)
Miscellaneous.
(a)
Television antennas or master dishes shall be limited to one
master antenna. Multiple antennas or dishes may be installed on the
rooftop, provided they are not visible from the street level.
(b)
Through-wall air-conditioning units that project beyond the
building wall are not permitted.
(c)
Laundry facilities may be provided in each building. Outside
clothes drying is prohibited.
(d)
All trash and recyclables shall be stored in covered containers.
They may be stored within the building or garage area. If the materials
are stored outside, they must be kept in a permanent enclosure with
a latching gate in a convenient location approved by the Planning
Board.
(e)
Amenities restricted to the use of the residents and their guests
are permitted subject to all applicable local and state requirements.
(f)
Proposed developments shall attempt to preserve substantial
historic features and buildings. In addition, building facades shall
be treated in a manner compatible with the sites' historical features.
(g)
Buildings containing dwelling units located above the second
story and requiring a second means of egress pursuant to the Uniform
Construction Code shall not utilize an attached external fire escape
as one of the required means of egress.
(h)
Internal walkways shall be a minimum of five feet wide and shall
be designed to comply with the requirements of the Americans with
Disabilities Act (ADA).
(i)
Bicycle parking shall be provided to make cycling a more convenient
transportation option. A minimum of one bike rack space per eight
units shall be required.
(j)
Flat section of the building roof may be utilized by building
occupants for recreational purposes.
(8)
Site plan review. Any development in the ARU Adaptive Re-Use District shall be subject to site plan review by the Planning Board as required by Article IX of this chapter. In addition, the Planning Board shall specifically consider the following items:
(a)
The Planning Board shall evaluate site lighting, including the establishment of limitations on light intensity, spread of illumination and height of fixtures, pursuant to the requirements in § 300-60.
(b)
Parking lot landscaping. The following minimum requirements
for landscaped areas within at-grade parking lots shall be required:
[1]
Within each parking area, there shall be landscaped
curbed islands at least five feet in width at each end of every parking
bay. These islands shall be landscaped with grass lawns, shade and
specimen trees as required by the Planning Board.
[2]
All those portions of all front, rear and side
yards that are not used for off-street parking or other impervious
surfaces, such as sidewalks and driveways, shall be attractively planted
and maintained with trees, shrubs, plants and grass lawns as approved
by the Planning Board.
(c)
Adequate storm drainage facilities shall be provided in conformance
with all federal, state, county and local regulations with specific
concern so that no downstream property or open waters are adversely
affected as the result of storm drainage flowing from the tract.
(e)
Any applicant for site plan approval within the ARU Zone shall
be required to make reasonable traffic studies to identify traffic
and circulation problems and to correct or contribute to the fair
share cost of his or her correction in accordance with law.
(f)
Any applicant for site plan review within the ARU Zone shall
obtain Morris County Soil Conservation District approval in accordance
with law.
(g)
Any site plan shall consider the section of any parcel fronting
Lincoln Street as the front yard.
E.
Performance standards. Any manufacturing or industrial use shall conform to the regulations listed in § 300-111C(1) through (6).
F.
Affordable housing. Any residential project in any of the ARU Zone
shall set aside 15% of the total number of rental units for the provision
of affordable housing units. Developments that include units for sale
shall provide a set-aside of affordable units of 20%. Affordable housing
units shall be developed in accordance with the second round COAH
rules and regulations.
G.
Homeowners' association documents. Any condo or homeowners' association
documents shall be submitted to the Town of Boonton Planning Board
for review and approval before submission to the N.J.D.C.A.
[Added 8-20-2018 by Ord.
No. 20-2018]
A.
Purpose. The purpose of the MAO Myrtle Avenue Multifamily Residential
Overlay District is to create a realistic opportunity for the construction
of low- and moderate-income housing in a suitable portion of the Town
of Boonton, and thereby help to address the fair share housing obligation
of the Town of Boonton under the New Jersey Fair Housing Act (FHA),[1] applicable Council on Affordable Housing (COAH) regulations,
the settlement agreement entered into between the Town and Fair Share
Housing Center (FSHC) on March 22, 2018, and the Town's Housing Element
and Fair Share Plan. The MAO Overlay District encourages the development
of low- and moderate-income housing by allowing for inclusionary multifamily
residential; however, developers shall also have the option of developing
in accordance with the underlying C-1 Zone standards.
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
B.
Permitted principal uses. The uses set forth below shall be permitted
as a development alternative to the underlying zoned uses allowed
by this chapter, but shall not replace the underlying zoning district.
The principal permitted uses in the MAO Overlay Zoning District are
as follows:
(1)
Multifamily dwellings.
C.
Permitted accessory uses. Permitted accessory uses shall include
accessory uses permitted in the underlying zone, and any other accessory
use that is customary and incidental to the permitted uses in the
MAO Overlay Zoning District, including but not limited to:
(2)
Private garages, subject to the dimensional requirements herein.
(3)
Fences and walls, subject to the dimensional requirements herein.
(4)
Ancillary recreation elements, such as a swimming pool, tennis
courts and other similar uses to only serve the residents of the complex.
(5)
Community room to serve only the residents of the complex.
D.
Affordable housing.
(1)
All multifamily developments constructed in the MAO Overlay
Zoning District shall be required to set aside a minimum percentage
of units for affordable housing. Where units will be for sale, the
minimum set-aside shall be 20%. Where units will be for rent, the
minimum set-aside shall be 15%. When calculating the required number
of affordable units, any computation resulting in a fraction of a
unit shall be rounded upwards to the next whole number.
(2)
All affordable units to be produced pursuant to this section shall comply with the Town's Affordable Housing Ordinance at Chapter 70 of the Town Code, as may be amended and supplemented, the Uniform Housing Affordability Controls (UHAC) (N.J.A.C. 5:80-26.1 et seq.), or any successor regulation, and the Town's Housing Element and Fair Share Plan, as may be amended from time to time. This includes, but is not limited to, the following requirements for all affordable units:
(a)
Low-/moderate-income split. A maximum of 50% of the affordable
units shall be moderate-income units and a minimum of 50% of the affordable
units shall be low-income units. At least 13% of all restricted rental
units shall be very-low-income units, which shall be counted as part
of the required number of low-income units within the development.
(b)
Bedroom mix. If the development is not age-restricted, the following
bedroom mix shall apply:
[1]
The combined number of efficiency and one-bedroom
units shall be no greater than 20% of the total low- and moderate-income
units;
[2]
At least 30% of all low- and moderate-income units
shall be two-bedroom units;
[3]
At least 20% of all low- and moderate-income units
shall be three-bedroom units; and
[4]
The remaining units may be allocated among two-
and three-bedroom units at the discretion of the developer.
(c)
Deed restriction and affordability control period. All affordable units shall be deed-restricted for a minimum period of at least 30 years. The affordability control period on all restricted ownership and/or rental units shall commence on the date the initial certified household takes title to the unit, and shall continue to run for at least 30 years. At the conclusion of the thirty-year term, the deed restrictions and affordability controls shall continue to remain in effect until such time as the municipality elects to release the unit from the deed restrictions and affordability controls by formal adoption of an ordinance within a reasonable time after conclusion of the initial minimum thirty-year term (the "deed restriction period"). The affordability controls and deed restrictions shall not automatically expire. At the conclusion of the initial thirty-year term, the municipality may unilaterally extend the deed restrictions and affordability controls for an additional thirty-year consecutive term by formal adoption of a resolution in accordance with N.J.A.C. 5:80-26.5 of the Uniform Housing Affordability Controls ("UHAC"). During the deed restriction period, sale, use, and rental of each affordable unit shall be subject to the Uniform Housing Affordability Controls ("UHAC"), set forth at Title 5, Chapter 80, Subchapter 26 (N.J.A.C. 5:80-26.1 et seq.) as may be amended from time to time hereafter. All sales and rentals of affordable units shall be on approved uniform affordable housing deeds and/or leases as set forth in the appendices of the UHAC.
[Amended 12-16-2019 by Ord. No. 19-2019]
(d)
Administrative agent. All affordable units shall be administered
by a qualified administrative agent paid for by the developer.
(e)
Other affordable housing unit requirements. Developers shall
also comply with all of the other requirements of the Town's Affordable
Housing Ordinance, including, but not limited to, (1) affirmative
marketing requirements, (2) candidate qualification and screening
requirements, (3) integrating the affordable units amongst the market-rate
units, and (4) unit phasing requirements. Developers shall ensure
that the affordable units are dispersed between all of the buildings
on its site, and shall identify the exact location of each affordable
unit at the time of site plan application.
E.
Requirements for multifamily dwellings.
(1)
Area, bulk and density requirements.
(a)
Height. No building shall exceed a height of 2 1/2 stories
or 36 feet, whichever is the lesser.
(b)
Yards.
[1]
Front yard. There shall be a front yard of not
less than 25 feet.
[2]
Side yard. There shall be two side yards and no
side yard shall be less than 15 feet. On a corner lot, the side yard
shall meet the front yard setback on the side street.
[3]
Rear yard. There shall be a rear yard of at least
35 feet.
(c)
Lot area. There shall be a minimum lot area of 40,000 square
feet, which shall be measured within 265 feet of the front property
line.
(d)
Density. There shall be a maximum density of 16 dwelling units
per acre.
[Amended 10-21-2019 by Ord. No. 10-2019]
(2)
Building requirements.
(a)
Length of building. No building or group of buildings structurally
joined end to end shall exceed 150 feet in length; provided, however,
that not more than three such buildings or groups of structurally
joined buildings may be structurally joined at 90°.
(b)
Units per building. No building shall contain more than 12 dwelling
units and no dwelling unit shall be located in an attic, basement
or cellar.
(c)
Distance between buildings. There shall be a minimum distance
of 30 feet between principal structures. If an access drive is located
between principal structures, the minimum distance between the structures
shall be 50 feet. In addition, the following requirements shall be
met:
[1]
Buildings which are parallel to one another or
approximately so but which overlap one another shall be at least 30
feet apart at the closest point; provided, however, that for every
foot or part thereof of overlap in excess of 30 feet, the building
shall be an additional 60 inches apart.
[2]
Buildings which are parallel to one another or
approximately so but which overlap by 10 feet or less may abut one
another, except that there shall be no more than three buildings so
joined in a group.
(d)
Construction. The outside walls of all buildings shall be of
fire-resistant material, such as brick, stone or masonry, as approved
by the Planning Board. Interior walls separating dwelling units shall
also be constructed with fire-resistant material.
(3)
Dwelling unit requirements.
(a)
Minimum floor area. Each dwelling unit shall have a minimum
floor area of 500 square feet plus 150 square feet for each habitable
room exclusive of living room, dining room or dinette, kitchen and
bathrooms.
(b)
Each dwelling unit shall have at least two exterior exposures
with at least one window in each exposure.
(c)
Floors and ceilings and partitions between dwelling units shall
be constructed so as to have a minimum airborne sound transmission
loss classification of 50 decibels. The Planning Board shall ascertain
that reasonable measures are taken in floor and ceiling construction
to avoid disturbing levels of impact sound.
(d)
Basement storage space of 500 cubic feet shall be provided for
each dwelling unit.
(4)
Garages and accessory buildings. Garages may be built into the
multifamily dwelling structure or separately constructed as hereinafter
provided.
(a)
Size. Each garage space shall be at least 10 feet in width and
20 feet in depth. Each group of attached garages shall have a joint
capacity of not more than 10 automobiles arranged in a row, and there
shall be a minimum distance of 10 feet between structures.
(b)
Height. The maximum height of any garage or accessory structure
shall be 15 feet.
(c)
Yards. Garages or other accessory structures may be built in
the side and rear yards only. No such structure shall be closer than
10 feet to any property line nor 10 feet to any other buildings. No
garage or accessory structure shall be located in the side yard adjoining
a street.
(d)
Design. Architectural design and materials used in the construction
of garages and other accessory structures shall conform to the design
and materials used in the construction of the principal buildings.
(5)
Off-street parking.
(b)
All required parking must be provided on-site.
(c)
Garages may be counted as parking space.
(d)
Adequate fire and emergency access must be provided subject
to the Town of Boonton Fire Department.
(e)
On-site parking shall not be provided for any use or to any
party other than a resident or visitor of the site, nor shall parking
areas be used for any purpose other than parking.
(f)
Signage shall be provided where parking spaces are to be reserved
for residents. Visitor parking shall be signed and painted for each
space designated for such a purpose.
(g)
Adequate parking facilities for accessibility to people with
mobility impairments shall be provided as required by the Americans
with Disabilities Act (ADA).
(6)
Open space, landscaping, and buffers.
(a)
At least 15% of the gross site area shall be devoted to open
space for passive or active recreation, or conservation.
(b)
There shall be a comprehensive landscape plan prepared by a
certified landscape architect which shall detail the location, type,
size and any planting note for the proposed landscape materials. This
plan shall be subject to the approval of the Planning Board.
(c)
A landscape buffer shall be provided where a multifamily development
abuts a nonresidential use. The buffer shall be a minimum of 10 feet
in width. The buffer shall provide a year-round visual screen and
minimize adverse impacts from the site on adjacent properties.
(7)
Lighting.
(a)
Adequate lighting shall be provided for all parking areas and
pedestrian walkways.
(b)
All outdoor lighting, including street lamps and accent lighting,
should comply with "dark sky" standards intended to reduce light pollution.
Dark sky standards require that lighting is downcast, illuminates
only the intended areas, and does not cause disabling glare that affects
driver safety and reduces the visibility of starry night skies.
(c)
Lighting for a building must be contained on the property on
which the building is located.
(d)
LED lighting shall be permitted in addition to all of the conditions
of the land use ordinance standards for lighting.
(8)
Miscellaneous.
(a)
Television antennas or dishes shall be limited to one master
antenna. Multiple antennas or dishes may be installed on the rooftop
provided they are not visible from the street level.
(b)
Through-wall air-conditioning units that project beyond the
building wall are not permitted.
(c)
Laundry facilities may be provided in each building. Outside
clothes drying is prohibited.
(d)
All trash and recyclables shall be stored in covered containers.
They may be stored within or outside the building. If the materials
are stored outside, they must be kept in a permanent enclosure with
a latching gate in a centrally located, concealed area approved by
the Planning Board.
(e)
Amenities restricted to the use of the residents and their guests
are permitted subject to all applicable local and state requirements.
(f)
Buildings containing dwelling units located above the second
story and requiring a second means of egress pursuant to the Uniform
Construction Code shall not utilize an attached external fire escape
as one of the required means of egress.
(g)
Internal walkways shall be provided to provide a pedestrian
connection to any site development amenities, such as a clubhouse,
recreational facilities, pools, etc.
(h)
Internal walkways shall be a minimum of four feet wide and shall
be designed to comply with the requirements of the Americans with
Disabilities Act (ADA).
(9)
Bicycle parking requirements.
(a)
A designated area within the development shall be provided for
bicycle parking. The area can be permitted inside the buildings or
outside in a protected area. Parking shall be provided in such a way
that allows for a bicycle to be properly secured, via a bicycle rack
or locker.
(b)
A minimum of one bike parking space per 10 units shall be required.
