Township of Fairfield, NJ Zones and Zone Regulations

Editor's Note: See § 45-16.

§ 45-22.4 Area, Yard and Building Requirements.

[1969 Code § 75-45]

Area, yard and building requirements are as specified in the Schedule of Area, Yard and Building Regulations. (See Article V.)

§ 45-22.5 Other Requirements.

[1969 Code § 75-46; Ord. No. 591; Ord. No. 738; Ord. No. 962; Ord. No. 2008-05 § 3]

Signs. As specified in Article X.

Off-Street Parking. As specified in Article VI.

Site Plan Requirements. When and as specified in Article IX.

Accessory Structures or Buildings. Accessory structures shall not be located closer than five feet from any side or rear lot line. Such setback shall be increased one foot for every one foot in height over a height of seven feet. Accessory buildings shall be one story only, and shall have a maximum height of 13 feet.

Floor Area Ratio. Irrespective of the definition of floor area ratio set forth in the definitional section of this chapter, for single-family residential dwelling units, the computation of residential floor area ratio shall be as set forth in the definition of floor area, residential in Article III, Subsection 45-7.1.

Second Story Building Massing.

The second story floor area of a detached single-family dwelling on a lot shall not exceed 75% of the building coverage permitted in the R-1 Zone.

The minimum side yard setback for the second story of a detached single-family dwelling shall not be closer to a side lot line than 15 feet, with the combined side yard setbacks for the second story no less than 40 feet; provided that the total of both side yard setbacks shall not be less than 40% of the lot width.

§ 45-23 R-2 RESIDENTIAL ZONE.

§ 45-23.1 Permitted Uses.

[1969 Code § 75-47; Ord. No. 591; Ord. No. 738]

No structure, building or premises shall be used and no building shall be erected or altered except for the following uses: same as specified for the R-1 Zone.

§ 45-23.2 Accessory Uses.

[1969 Code § 75-48; Ord. No. 591; Ord. No. 710; Ord. No. 738; Ord. No. 739]

Accessory uses in the R-2 Residential Zone are as follows: same as specified for the R-1 Zone.

Helistops and heliports are not permitted as a principal or accessory use in R-2 Zones.

§ 45-23.3 Permitted Modifications and Conditional Uses.

[1969 Code § 75-49; Ord. No. 591; Ord. No. 738]

Permitted modifications and conditional uses shall be as follows: same as specified in the R-1 Zone.

§ 45-23.4 Area, Yard and Building Requirements.

[1969 Code § 75-50; Ord. No. 591; Ord. No. 738]

Area, yard and building requirements are as specified in the Schedule of Area, Yard and Building Regulations (see Article V), except that in a major subdivision wherein lots will be created which abut the Route I-80 right-of-way, the lots abutting the right-of-way shall have a depth of 225 feet and a width of 100 feet. Further, no site improvement shall be permitted within 100 feet of the Route I-80 right-of-way line, except for necessary surface drainage facilities and where required by the Planning Board. Coniferous and deciduous trees shall be planted therein in the amount of one two-inch-caliper tree for each 200 square feet of area for purposes of providing a visual and acoustical barrier between homes and the highway, except that the Planning Board may waive a portion or all of the plantings if adequate trees or berms exist, to provide the barrier.

§ 45-23.5 Other Requirements.

[1969 Code § 75-51; Ord. No. 591; Ord. No. 738]

Other requirements are as follows: same as specified for the R-1 Zone.

§ 45-24 R-3 RESIDENTIAL MIXED TOWNHOUSE AND SINGLE-FAMILY ZONE.

§ 45-24.1 Permitted Uses.

[Ord. No. 99-15 § 3]

No structure, building or premises shall be used and no building shall be erected or altered except for the following uses: Mixed townhouse and detached dwellings, as regulated herein.

§ 45-24.2 Accessory Uses.

[Ord. No. 99-15 § 3]

Accessory uses in the R-3 Zone are as follows: Private garages, swimming pool, tennis courts, clubhouse, putting green, passive recreation amenities, gatehouse, identification signage, parking to serve the residents and their guests. A clubhouse may include one apartment. The accessory apartment shall be a maximum two bedroom unit, and shall comply with the minimum BOCA requirements for a two bedroom dwelling. In the event that an accessory apartment is provided, regardless of whether the unit is occupied by an employee of the condominium association or owner, which employee has responsibilities for the maintenance and upkeep of the common areas of the development, said unit shall count against the total number of units permitted on the site, and shall also count against the total number of units from which the affordable housing fee is derived.

§ 45-24.3 Area, Yard and Building Requirements.

[Ord. No. 99-15 § 3]

R-3 Residential Mixed Townhouse and Single-Family Zone:

Regulation	Standard
Minimum Tract Lot Area (acres/ft)	17 acres
Minimum Tract Depth (ft)	500
Minimum Dwelling Setback to Tract Lines (ft):
South Lot Line	50
East Lot Line	75
Other Property Lines	40
Minimum Setback betw. Townhouse Units (ft):
Front-to-front/rear-to-rear	30
Front/rear-to-side	25
Side-to-side	20
Minimum Setback, bldg to internal rd (ft):
Front of residential bldg to rd	20
Side of residential bldg to rd	18
Clubhouse to internal rd	12
Minimum Setbacks for Accessory Bldgs & Structures (ft):
To property lines	15
Between buildings/structures	30
Minimum Deck Requirements (ft):
Setback from off-site dwellings	40
Setback from golf course	65
Setback from other lot lines	30
Setback between decks	12
Maximum Building Coverage (%)	30
Maximum Impervious Coverage (%)	50
Maximum Building Height (st/ft)	2.5/35
Minimum Internal Road Width (ft)	20
Minimum Parking	See RSIS

§ 45-24.4 Additional Regulatory Controls.

[Ord. No. 99-15 § 3; Ord. No. 2012-07]

The maximum permitted density on-site shall not exceed 5.3 units per acre, provided that in no event shall more than 90 dwellings be permitted.

A minimum buffer shall be provided around the perimeter of the tract, as follows: A minimum seventy-five-foot wide buffer shall be provided along the site's east lot line (adjacent to the golf course), a minimum fifty-foot buffer shall be provided along the southerly portion of the property (adjacent to off-site detached dwellings), and a minimum forty-foot buffer shall be provided along all other lot lines, provided that the buffer requirement does not apply to the stem which enables access from Passaic Avenue; and further provided that decks may intrude a maximum 10 feet into the required buffer. The buffer area shall be designed to consist of multiple rows of staggered plant material to serve as a visual and physical separation between the site and adjoining property.

A minimum of eight and a maximum of 10 units shall be detached single-family dwellings. These units shall be incorporated into the overall planning of the tract. They shall be located in the southerly portion of the tract and designed to serve as a buffer to separate proposed townhouse units from the existing dwellings located to the south of the tract.

The detached dwellings need not be on their own individual lot, but may be designed as part of the overall tract, provided that if the detached dwellings are to be placed on their own individual lots, they shall meet the following requirements:

Minimum lot area (square feet): 7,000.

Minimum lot width (feet): 40 (measured at curbline).

Minimum lot depth (feet): 100 (measured from curbline).

Minimum front yard (feet): 20 (measured from curbline).

Minimum side yards (feet): 10.

Minimum rear yard (feet): 50.

Maximum building coverage (%): 35.

Maximum Imperv coverage (%): 65.

Maximum building height (st./ft.) 2.5/3.5.

A fee-simple lot arrangement shall be permitted to enable townhouse units on their own individual lots. In such case, a minimum lot area of 3,300 square feet shall be provided for each townhouse lot. All other regulations set forth above for townhouses shall apply.

§ 45-25 R-4 RESIDENTIAL AGE-RESTRICTED HOUSING ZONE.

§ 45-25.1 Permitted Uses.

[Ord. No. 99-17 § 3]

No structure, building or premises shall be used and no building shall be erected or altered except for the following uses: Age-restricted multifamily dwelling units, provided 13 dwelling units shall be reserved for income qualifying low-income households and 13 dwelling units shall be reserved for income qualifying moderate-income households. Non-age-restricted affordable units shall be permitted to the extent that a waiver from the age-restricted unit maximum is not granted by the court. In such an event, 1/2 of the permitted age-restricted units will be reserved for income qualifying low-income households and 1/2 shall be reserved for income qualifying moderate-income households. As to the non-age-restricted affordable units, at least 1/2 of the units will be reserved for income qualifying low-income households and the remainder shall be reserved for income qualifying moderate-income households.

§ 45-25.2 Accessory Uses.

[Ord. No. 99-17 § 3]

Accessory uses in the R-4 Zone are as follows: Clubhouse, passive recreation amenities, gatehouse, identification signage, and parking to serve the residents and their guests.

§ 45-25.3 Area, Yard and Building Requirements.

[Ord. No. 99-17 § 3]

R-4 Residential Age Restricted Zone:

Regulation	Standard
Minimum Lot Area (acres/ft)	9 acres
Minimum Lot Depth (ft)	500
Minimum Setback for Principal Buildings (ft):
Front	100
One Side	20
Both Sides	40
Rear	30
Minimum Setback Between Units (ft):
Front-to-front	50
Side-to-side	25
Minimum Setback, bldg to internal rd (ft)	10
Minimum Setbacks for Accessory Bldgs & Structures (ft):
To property lines	15
Between principal buildings and accessory structures	30
Maximum Building Coverage (%)	20
Maximum Impervious Coverage (%)	65
Maximum Building Height (st/ft)	3/50
Minimum Internal Road Width (ft)	24
Minimum Parking	See RSIS

§ 45-25.4 Additional Regulatory Controls.

[Ord. No. 99-17 § 3]

The maximum permitted density on-site shall not exceed 14 units per acre, provided that in no event shall more than 122 dwellings be permitted.

A minimum twenty-foot wide buffer shall be provided along the perimeter of the tract where the site abuts an industrial use.

Parking spaces in the R-4 Zone shall be at least nine feet in width and 18 feet in length.

Two parking spaces shall be provided for each dwelling unit.

§ 45-26 R-5 RESIDENTIAL ZONE.

§ 45-26.1 Permitted Uses.

[Ord. No. 2001-05 § 2]

The permitted principal uses for the R-5 District shall be the same as those permitted in the R-1 District.

§ 45-26.2 Permitted Accessory Uses.

[Ord. No. 2001-05 § 2]

The permitted accessory uses for the R-5 District shall be the same as those permitted in the R-1 District.

§ 45-26.3 Permitted Conditional Uses.

[Ord. No. 2001-05 § 2]

The permitted conditional uses for the R-5 District shall be the same as those permitted in the R-1 District.

§ 45-26.4 Area, Yard and Building Requirements.

[Ord. No. 2001-05 § 2]

The following area and bulk standards shall be applicable to the R-5 District:

Minimum Lot Area (square feet)	6,000
Minimum Lot Depth (feet)	80
Minimum Lot Width (feet)	75
Minimum Front Yard (feet)	20
Minimum Side Yard, one/both (feet)	10/20
Minimum Rear Yard (feet)	15
Maximum Lot Coverage (%)	35
Maximum Impervious Coverage (%)	65
Maximum Building Height (stories/feet)	2.5/35

§ 45-26.5 Other Requirements.

[Ord. No. 2001-05 § 2]

Other requirements are as follows: Same as specified for the R-1 Zone.

§ 45-27 R-6 RESIDENTIAL DISTRICT.

§ 45-27.1 Permitted Uses.

[Ord. No. 2002-03 § 3]

The principal permitted uses allowed in the R-6 District include the following:

Multifamily residential, in buildings with three or more dwelling units, in which units may be located one over one other and on more than one floor.

Assisted living facilities.

§ 45-27.2 Accessory Uses.

[Ord. No. 2002-03 § 3]

The accessory permitted uses allowed in the R-6 District include the following:

Off street parking, subject to Article VI;

Signs, subject to Article X;

Recreation facilities and buildings, clubhouse, maintenance building, mail kiosks, fences and walls, and other customary accessory uses which are clearly incidental to the principal use and buildings.

§ 45-27.3 Conditional Uses.

[Ord. No. 2002-03 § 3]

The conditional uses allowed in the R-6 District include the following: None.

§ 45-27.4 Area and Bulk Requirements.

[Ord. No. 2002-03 § 3]

The applicable area and bulk requirements are presented in the accompanying Schedule of Area and Bulk Requirements.

Schedule of Area and Bulk Requirements, R-6 District
Requirement	Standard for Multifamily	Standard for Assisted Living Facility
Minimum Lot Area (acres)	3.0	4.0
Minimum Lot Width (feet)	300	400
Minimum Front Yard (feet)	100	100
Minimum Side Yards (feet)	25	50
Minimum Rear Yard (feet)	50	50
Minimum Distance Between Buildings (feet)	50	NA
Minimum Internal Road Setback (feet)	20	NA
Minimum Perimeter Buffer (feet)	25	25
Maximum Density (du/ac)	6.75	18.75
Maximum Building Height (stories/feet)	2.5/35	2.5/35
Maximum Building Coverage (%)	25	25
Maximum Impervious Coverage (%)	55	55
Maximum Building Length (feet)	200	200

A minimum twenty-five-foot wide perimeter landscaped setback shall be provided. The perimeter buffer may be included within any required setback.

See New Jersey Department of Community Affairs, Residential Site Improvement Standards ("RSIS"), N.J.A.C. 5:21 for regulations governing streets, parking, water supply, sanitary sewers, stormwater management standards, and other provisions as set forth therein.

§ 45-28 MULTIFAMILY OVERLAY ZONE.

§ 45-28.1 Permitted Principal Uses.

[Ord. No. 2015-07 § 4]

Permitted principal uses authorized by the Multifamily Dwelling Overlay Zone are limited to multifamily dwellings. The existing permitted uses authorized by the underlying zone are not modified or affected by the establishment of this overlay zone. An applicant shall be permitted to develop property in the overlay zone for either a permitted use authorized pursuant to the underlying zone or in the alternative, a use authorized pursuant to the overlay zone, but not both.

§ 45-28.2 Permitted Accessory Uses.

[Ord. No. 2015-07 § 4]

The existing permitted accessory uses authorized by the underlying zone are not modified or affected by the establishment of this overlay zone. Permitted accessory uses authorized by the Multifamily Dwelling Overlay Zone are as follows: garages and off-street parking, clubhouse and recreational amenities limited to one or more of the following: swimming pool, tennis courts, paddleball courts or similar, bocce courts or putting green for the private use and enjoyment of residents and their guests.

§ 45-28.3 Area, Yard and Building Requirements.

[Ord. No. 2015-07 § 4; Ord. No. 2015-15; amended 11-25-2019 by Ord. No. 2019-27]

The underlying zone area, yard and building requirements are unaffected by this amendment as applied to uses permitted thereunder.

See the Schedule set forth below for the area, yard and building requirements applicable to multifamily dwellings in the Multifamily Dwelling Overlay Zone.

The Schedule of Area, Yard and Building Regulations is hereby amended by the insertion of the following requirements for the Multifamily Overlay Zone.

Min. Required Lot Size	80,000 square feet
Min. Required Lot Width	200 feet
Min. Required Lot Depth	200 feet
Min. Required Front Yard	45 feet
Min. Required Side Yard	20 feet
Min. Required Rear Yard	40 feet
Max. Building Height	35 feet
Max. Building Height	3 stories
Max. Building Coverage	25%
Max. Impervious Coverage	45%
Max. Building Length (feet) [Ord. No. 2015-15]	180
Max. Building Depth (feet) [Ord. No. 2015-15]	50

§ 45-28.4 Additional Regulatory Controls.

[Ord. No. 2015-07 § 4]

The maximum permitted multifamily residential density shall not exceed 13 dwelling units per acre.

A minimum planted buffer of not less than 15 feet shall be established and maintained around the perimeter of the tract developed pursuant to this section. This perimeter buffer shall be planted with a dense grouping of landscape materials which may include fencing, decorative walls and berms. Site driveways, with or without sidewalk(s) connecting the public street to the site, are permitted to pierce this required buffer, as are underground utility and drainage connections.

Residential Site Improvement Standards (RSIS) N.J.A.C. 5:21 shall be referenced to determine the number of required parking spaces, size of parking spaces, and construction details concerning project streets and drives, sidewalks, water supply and sanitary sewers. Barrier-free parking spaces shall be provided and signed in accordance with the standards of the New Jersey Barrier-free Code.

All rental developments shall be required to set aside a minimum of 15% of the total number of units that are proposed on site for low- and moderate-income households, while all for-sale developments shall be required to set aside a minimum of 20% of the total number of units that are proposed on site for low- and moderate-income households. All affordable units to be produced pursuant to this section shall comply with the Township's Affordable Housing Ordinance at Article XIV, Chapter 45, § 45-74A of the Township Code, the Uniform Housing Affordability Controls ("UHAC") (N.J.A.C. 5:80-26.1 et seq.), the Township's Housing Element and Fair Share Plan, as may be amended from time to time, and any applicable Order of the Court, including a Judgment of Compliance and Repose Order.

[Amended 7-22-2019 by Ord. No. 2019-16]

§ 45-29 NEW DUTCH LANE REDEVELOPMENT ZONE.

§ 45-29.1 Permitted Principal Uses.

[Ord. No. 2016-11 § 3; amended 12-28-2021 by Ord. No. 2021-19]

Multifamily dwellings and associated home occupations, provided that the residential appearance of the dwelling cannot be altered, and there shall be no outdoor storage, retail sales, assembly or manufacturing conducted on premises if the area is developed for multifamily residential use.

All uses permitted in the LI-3 Light Industrial-3 zone subject to the regulations of the LI-3 zone requirements.

§ 45-29.2 Permitted Accessory Uses.

[Ord. No. 2016-11 § 3]

The following permitted accessory uses shall be permitted:

On- and off-street parking areas and garages.

Signs.

Fences and walls.

Other customary accessory uses incidental to the principal uses permitted in this zone, such as on-site laundry, fitness room and other recreational amenities intended solely for the use of the on-site residents.

§ 45-29.3 Area and Bulk Regulations.

[Ord. No. 2016-11 § 3]

The following zoning controls shall apply to the New Dutch Lane Redevelopment Zone:

Principal Use Bulk Requirements.

Min. Redevelopment Tract Area	20 acres
Min. Building Setbacks
Front Yard	30 feet
All Other Yards	50 feet
Max. Building Coverage	15%
Max. Impervious Coverage	35%
Max. Building Height	5 sty/60 feet

Building Separation Requirements: None

Maximum Building Length: The maximum building length for any single wall facing parallel to the street frontage at the front set back line shall not exceed 70 feet. Walls perpendicular to the street frontage shall not exceed a maximum length of 400 feet.

Multiple Buildings on a Lot. Multiple buildings shall be permitted on property in the New Dutch Lane Redevelopment Zone.

Landscaped Perimeter. A minimum fifty-foot-wide landscaped buffer shall be provided along the site perimeter to the extent that such plantings are permitted by wetland protection and flood hazard area regulations. Areas not permitted to be planted under current State regulations or easement encumbrances shall be left in a natural state. This perimeter buffer shall be planted with a dense grouping of landscape materials which may include fencing, decorative walls and berms. Site driveways, with or without sidewalk(s) connecting to the public street to the site, are permitted to pierce this required buffer, as are underground utility and drainage connections.

Maximum Density. 185 dwelling units.

Residential Site Improvement Standards (RSIS) N.J.A.C. 5:21 shall be referenced to determine the number of required parking spaces, size of parking spaces, and construction details concerning project streets and drives, sidewalks, water supply and sanitary sewers. Barrier-free spaces shall be provided and signed in accordance with the standards of the New Jersey Barrier-free Code.

A minimum of 10% of the total number of units that are proposed on site shall be set aside for low- and moderate-income households, as regulated by COAH, the courts, or other entity designated to oversee the development of affordable housing in the State of New Jersey.

Any multifamily development in the New Dutch Lane Redevelopment Zone shall comply with the height restrictions and setback requirements imposed by the New Jersey Airport Safety and Zoning Act of 1983, P.L. 1983, c. 260 (Act) and § 45-42 of the Fairfield Township Airport Safety Overlay Zone (ASO) except that multi-family residential development shall be a permitted use within the redevelopment zone pursuant to this plan. Any approval granted by the Township of Fairfield Planning Board, pursuant to this plan, shall be conditioned upon subsequent approval by the Commissioner of Transportation as required by the Act.

§ 45-29.4 Signage.

[Ord. No. 2016-11 § 3]

In the New Dutch Lane Redevelopment Zone, one site identification sign is permitted at the entranceway. The sign shall be setback a minimum of 20 feet from the property line. The sign shall be a ground type design where the entire bottom of the sign is in contact with the ground. The maximum sign area, inclusive of sign supports, shall be 60 square feet per sign face. The maximum height of the sign from the ground, including base support, shall be six feet. The sign may be internally illuminated but shall not be permitted to incorporate messaging, scrolling, animation or flashing elements. The sign materials and design should complement the architecture of the residential development.

Directional signs not to exceed four square feet shall be permitted where it is determined that such signage promotes the safe circulation of vehicles on site.

§ 45-29.5 Parking and Circulation.

[Ord. No. 2016-11 § 3]

The amount of on-site parking shall comply with RSIS standards except requirements as recommended by RSIS may be reduced consistent with N.J.A.C. 5:21-4.14 (f) but shall not be less than 1.5 parking spaces per unit.

Roadway widths shall be at least 24 feet pursuant to Township standards or RSIS whichever shall apply to facilitate two-way traffic throughout the development.

To promote safety, the development shall provide sidewalks along all internal roadways.

§ 45-29.6 Landscaping.

[Ord. No. 2016-11 § 3]

Goals. The site landscaping design shall achieve the following land use goals:

To promote and increase design capability while ensuring attractive views from streets and adjacent properties.

To assist in delineating separations of spaces, structures, uses and activities on-site or between adjacent sites.

To shield adjacent properties from potentially adverse impacts of development.

To enhance the streetscape by separating pedestrians from motor vehicles, abate glare, moderate temperatures in impervious areas, provide shade, attenuate noise and reduce visual impacts.

To promote natural diversity and wildlife habitat.

Enhance air quality, reduce storm water runoff and erosion, and increase the capacity for groundwater recharge.

Enhance the appearance of properties.

Reduce energy use.

Improve quality of life.

Promote plans with non-invasive, indigenous species.

11.

Revegetate cleared areas.

12.

Maintain adequate buffers adjacent to existing properties.

13.

Locate deciduous trees where they can provide cooling in the summer and allow sunlight to warm buildings in the winter.

14.

Decrease areas where turf is used and incorporate low maintenance ground cover to absorb runoff.

15.

Maintain and frame desirable views while screening unattractive views.

16.

Where fences and walls are along a property line, shrubs and vegetation shall be provided between the fence or wall and the property line to add to the decorative screening effect.

General Landscape Design and Planting Requirements. The following guidelines shall apply to the site landscaping:

Landscaping shall be provided as an integrated element of the site plan and subdivision design. It shall be conceived as a total integrated plan for the entire site, integrating the various elements of the site design, preserving the particular identity of the site and creating an aesthetically appropriate site character, as determined by the Board, in accordance with the standards noted herein.

Landscaping shall include plant materials such as trees, shrubs, ground cover, perennials, annuals and other materials such as rocks, water, berms, walls, fences and paving materials.

Landscaping shall be provided in public areas, adjacent to buildings, in parking areas, and around the perimeter of sites.

Landscaping shall be provided to promote a desirable visual environment, to accentuate building design, define entranceways, screen parking and loading areas, mitigate adverse visual impacts and provide windbreaks for winter winds and provide summer cooling for buildings.

The impact of any proposed landscaping plan at various time intervals shall be considered.

Plants and other landscaping materials shall be selected in terms of aesthetic and functional considerations. The landscape design shall create visual diversity and contrast through variation in size, shape, texture and color. The selection of plants in terms of susceptibility to disease and insect damage, wind and ice damage, habitat (wet-site, drought, sun and shade tolerance), soil conditions, growth rate, longevity, root pattern, maintenance requirements, etc., shall be considered. Consideration shall be given to accenting site entrances and unique areas with special landscaping treatment. Flowerbed displays are encouraged.

Slope Plantings. Landscaping areas of cuts and fills and/or terraces shall be sufficient to prevent erosion, and all roadway slopes steeper than one foot vertically to three feet horizontally shall be planted with ground covers appropriate for the purpose and soil conditions, water availability and environment.

Landscaping within sight triangles shall not exceed a mature height of 30 inches. Shade trees shall be pruned up to an eight-foot branching height above grade.

In cases where natural features existing on-site duplicate the planting requirements of this section, the landscape requirements may be waived by the Board.

The use of indigenous/native plant material is to be encouraged to establish sustainable landscapes that blend with the natural environment, reduce the use of pesticides and reduced irrigation.

11.

All plant materials, planting practices and specifications shall be in accordance with the "American Standards for Nursery Stock" by the latest available American Association of Nurserymen Standards.

12.

The design standards are minimum requirements. The Board may request additional development features exceeding these standards if conditions warrant.

§ 45-29.7 Buffer Requirements.

[Ord. No. 2016-11 § 3]

The buffer provides visual separation between uses. Vegetation within the buffer should meet the following criteria:

The buffer shall be planted with masses and groupings of shade trees, ornamental trees, evergreen trees and shrubs. All plantings shall be installed according to accepted horticultural standards. At least 50% of the upper story trees and all understory trees shall be evergreens locally adaptable to the area. Such buffers shall be planted with evergreens and deciduous trees, subject to the approval or modification of the Planning Board.

All proposed deciduous trees in a buffer shall be of a two-and-one-half- to three-inch caliper, measured six inches from grade.

Upper story deciduous and evergreen trees should attain a height at maturity of minimum 60 feet. Upper story trees for high impact screens shall be spaced no closer than 30 feet on center.

Understory evergreen trees shall attain a height at maturity of 18 feet. Understory trees shall be spaced no wider than 10 feet on center.

No less than 75% of the plantings shall be evergreen trees with a minimum installed height of six feet. Evergreen shrubs shall reach a height at maturity of no less than three feet and shall be spaced no wider than five feet on center between plants. More than one type of evergreen species shall be used.

The buffer may be supplemented by a wall or fence for added privacy at the discretion of the Board. Said fence shall not exceed a six foot height. Where a fence is required, all plantings shall be placed along the outside perimeter of the fence but not closer than five feet from the outside property line, unless otherwise approved by the Board.

§ 45-29.8 Street Trees.

[Ord. No. 2016-11 § 3]

Street trees shall be installed within the right-of-way between the sidewalk and curb on both sides of all streets, or as directed by the respective board or municipal agency.

Where sidewalks are not required, street trees shall be located within the property line along a line five feet from and parallel to the street right-of-way line. The spacing of street trees shall be no farther than 50 feet on center. When trees are planted at predetermined intervals along streets, spacing shall depend on tree size, as directed by the designated municipal official.

The trees shall be planted so as not to interfere with utilities, roadways, sidewalks, sight easement or streetlights. Tree location, landscaping design and spacing plan shall be approved by the Board as part of the site plan or subdivision process. Furthermore, the planting of street trees shall also be subject to other such requirements pursuant to the requirements of the Airport Safety Zone which may preclude the planting of such trees along portions of the site's frontage.

Street tree type may vary depending on the overall effect desired. Depending upon the length of a street or frontage, more than one variety of street tree should be provided to create biodiversity and reduce the problems associated with a monoculture planting. Trees shall be planted in groupings of similar varieties. Trees of similar form, height and character along a roadway shall be used to promote uniformity and allow for a smooth visual transition between species.

Tree selection shall be based upon on-site conditions and tree suitability to those conditions.

Planting Specifications.

Shade trees shall have a minimum caliper of 2.5 to three inches measured six inches from grade at planting, and evergreen trees shall have a minimum height of seven to eight feet at planting (unless as specified for buffer areas). All plant materials, planting practices and specifications shall in accordance with standards established by the American Association of Nurserymen. Trees shall be nursery-grown, free of disease, substantially uniform in size and shape and have straight trunks. The minimum branch height at planting shall be six feet, except where planting is on a sight triangle, in which case no branches shall be below eight feet.

Trees shall be properly planted and firmly supported with two or three guyed wires attached to stakes. Pieces of rubber hose shall be used under the wires where they are attached to the trees. Wires and stakes shall be removed by the applicant after one year.

Where a natural growth of shade trees exists on a building lot, the Engineering Department may determine whether such natural growth satisfies the intent of this chapter and, if so, the owner may not be required to provide any additional street trees.

Landscape Plan Content. A landscape plan prepared by a Licensed Landscape Architect, licensed by the New Jersey State Board of Landscape Architects, or other qualified individual, shall be submitted with each application. The landscape plan shall include and identify the following information:

Existing and proposed underground and aboveground utilities such as site lighting, transformers, hydrants, manholes, valve boxes, etc. to determine if there are conflicts with these features.

Existing wooded areas, rock outcroppings and existing and proposed water bodies.

(3)

All existing vegetation to be saved or removed.

(4)

Existing and proposed topography and location of all landscaped berms.

(5)

Location, species and sizes of all proposed shade trees, ornamental trees, evergreen trees and shrubs and areas for turf or any other ground cover. The size of the symbol must be representative of the size of the plant shown to scale.

(6)

A plant schedule indicating botanical name, common name, size at time of planting (caliper, height and spread), quantity, root condition and any special remarks (spacing, substitutions, etc.) for all plant material proposed. Plants within the plant schedule shall be keyed to the landscape plan.

(7)

Planting and construction details and specifications.

(8)

Landscape water conservation irrigation measures. The plan should include the identification of the proposed landscape irrigation measures for the proposed landscaping. It shall include provisions for water conservation including, but not limited to, timers with rain or soil moisture sensors, drip irrigation for planting beds and areas of phased irrigation areas for initial plant establishment that can be zoned off following plant establishment.

§ 45-29.9 Trash Containment Areas.

[Ord. No. 2016-11 § 3]

All outdoor trash containment areas must be enclosed with an eight feet high enclosure to prevent windblown litter. The enclosure shall be opaque and complement the design and materials of the principal building.

Landscape plantings shall be located to blend the trash enclosure into the visual environment and obscure it from view.

§ 45-29.10 Mechanical and Utility Equipment.

[Ord. No. 2016-11 § 3]

Heating, ventilation and air conditioning located on, beside or adjacent to the building or development shall be fully screened from the street and adjacent property.

When on top of a roof structure the devices shall be screened from view by parapets or mechanical screen.

§ 45-29.11 Lighting.

[Ord. No. 2016-11 § 3]

On-site lighting shall protect and enhance the character and quality of the surrounding neighborhood. Glare trespass shall be minimized via fully shielded or full cutoff fixtures.

It is important that on-site lighting for the redevelopment area achieves the following:

Transmit accurate messages to the public about the low intensity residential nature of the development.

Serve as an integral part of the overall design. It should support visibility for pedestrians as well as for motorists.

Minimize glare by controlling the amount of light that tends to create glare. It should also minimize sky glow by controlling the amount of uplight and minimize the amount of off-site impacts or light trespass.

Light design should establish uniformity of lighting levels over an area, avoiding uplight, backlight and glare, thus reducing the contrast between shadows and illuminated areas, except when highlighting a specific area or feature.

All lighting fixtures and foot-candle standards for the site should be consistent with the standards outlined by the Illuminating Engineering Society of North America (IESNA) and regulations of the Township of Fairfield.

A lighting plan prepared by a qualified individual shall be provided with site plan applications.

The intensity, shielding, direction and reflecting of lighting shall be subject to site plan approval by the approving authority.

All parking areas, walkways, building entrances, and driveways shall be adequately illuminated after sunset. Any adjacent residential zone shall be shielded from the glare of illumination from site lighting and automobile headlights.

General Guidelines. The following general guidelines apply for lighting in the New Dutch Lane Redevelopment Area.

Site lighting shall be full cutoff or fully shielded.

Lights shall be aimed downward and away from the property line. Maximum light level at the property line of an adjoining residential property shall not be greater than 0.5 fc. There shall be no light trespass onto adjoining parcels.

All parking lot lighting shall have no light emitted above 90°.

Ornamental lighting in accordance with Township specifications may be exempted.

Recommended Illuminance:

Horizontal foot-candle measured at grade: Average 2.0.

Parking Lot and Site Lighting:

All illuminaires shall be a full cut off design, aimed downward and away from the property lines.

Maintained horizontal illuminance at grade should not exceed 2.5 fc.

Maximum light pole heights 25 feet.

Lighting Plan Details. The lighting plan shall provide the following information:

Plan identification symbol or abbreviation.

The location of all light fixtures.

Description of all fixtures including catalog cuts and illustrations by manufacturers, lamp types, wattages, lumen and foot-candle.

Photometric data showing angle of cutoff of light emission.

Candela distribution curve.

§ 45-29.12 Green Building Requirements and Standards.

[Ord. No. 2016-11 § 3]

To minimize environmental impacts, reduce storm water runoff and potential flooding associated with any proposed development, green building and site development standards shall be incorporated into the site development, where practical and feasible, in accordance with United States Green Building Council (USGBC) LEED Certification process. LEED certification is not a requirement for development but shall act as a development guide to reduce the environmental impacts where, in the view of the Planning Board, such standards may be incorporated into a particular project without detriment to the project itself.

§ 45-29.13 Submittal Requirements.

[Ord. No. 2016-11 § 3]

Preliminary and final site plan approval shall be required prior to any construction. Any site plan for the construction of improvements within the New Dutch Lane Redevelopment Area shall be prepared and submitted to the Planning Board in accordance with the Fairfield Township Land Use Regulations, Chapter 40 of the Township Code.

The submittal shall contain, in addition to the site plan submittal provisions, a report detailing the following:

A traffic and circulation plan regarding vehicular and pedestrian movements, shall be provided. Such report shall address existing and projected vehicular peak hour movements, turning movements, and the need for improvements to enhance traffic safety and convenience in the area.

A proposed timing schedule in the case where construction is contemplated over a period of years, including any terms or conditions which are intended to protect the interests of the public and of the residents who occupy any section of the development prior to the completion of the development in its entirety.

An environmental impact statement as required by Chapter 44 of the Fairfield Township Code.

§ 45-29.14 Waivers.

[Ord. No. 2016-11 § 3]

Variation from the requirements set forth in this redevelopment plan may be necessary in certain circumstances or to meet Federal, State or County permit requirements. In such an instance, the Planning Board may waive certain bulk, parking or design requirements if the designated redeveloper demonstrates that such waiver will not substantially impair the intent of the redevelopment plan, and will not present a substantial detriment to the public health, safety and welfare.

§ 45-30 C-1 COMMERCIAL-NEIGHBORHOOD ZONE.

§ 45-30.1 Permitted Uses.

[1969 Code § 75-52; Ord. No. 591; Ord. No. 738; Ord. No. 779; New]

No structure, building or premises shall be used, and no building shall be erected or altered, except for the following uses:

Offices: general, business, professional, banks, financial and government.

Retail sales and personal service establishments such as food, delicatessen, luncheonette, barbershop, beauty shop, variety-newspaper-stationery-smoke shop, drugstore, dry-cleaning, hardware, household appliance store, clothing store, household equipment and appliance repair service shops, video sales and rentals and computer sales and service.

Business schools.

Business services.

All categories of restaurants except drive-through.

Churches and Houses of Worship.

Public buildings and parks.

§ 45-30.2 Accessory Uses.

[1969 Code § 75-53; Ord. No. 591; Ord. No. 710; Ord. No. 738; Ord. No. 739; New]

Accessory uses in the C-1 Commercial-Neighborhood Zone are as follows: uses and buildings customary and incidental to the principal use and building.

Helistops and heliports are not permitted as a principal or accessory use in C-1 Zones.

Signs.

Satellite transmitting and receiving antennas as regulated in Subsection 45-12.4g.

§ 45-30.3 Permitted Modifications and Conditional Uses. [1]

[1969 Code § 75-54; Ord. No. 591; Ord. No. 738; Ord. No. 848]

Permitted modifications and conditional uses shall be as follows:

Public utilities and institutional uses.

Editor's Note: See § 45-16 for conditions.

§ 45-30.4 Area, Yard and Building Requirements.

[1969 Code § 75-55; Ord. No. 591; Ord. No. 783]

Area, yard and building requirements are as specified in the Schedule of Area, Yard and Building Regulations (see Article V), except for the following: a. Office buildings shall be permitted to be constructed to a height of 40 feet; plus an additional 10 feet for mechanical and elevator rooftop structures. However, the building shall not exceed a floor area ratio of three and 0.35. The maximum floor area ratio of three and 0.35 shall be permitted only if the proposed project is designed to accommodate all required off-street parking spaces.

§ 45-30.5 Other Requirements.

[1969 Code § 75-56; Ord. No. 591; Ord. No. 738]

Buffer Area Requirement. There shall be established a buffer area a minimum of 10 feet in depth, consisting of evergreen shrubbery planted along any boundary line of a lot in the C-1 Zone which abuts a residential district, except that no buffer area shall be required where the boundary line coincides with a street. A buffer area shall be required adjacent to a residence which existed prior to the adoption of this chapter. The plantings shall be at least four feet in height and shall be no less than five feet apart at the time of installation.

Signs. As specified in Article X.

Off-Street Parking. As specified in Article VI.

Site Plan Requirements. As specified in Article IX.

§ 45-31 C-2 COMMERCIAL ZONE-BLOOMFIELD AVENUE.

§ 45-31.1 Permitted Uses.

[1969 Code § 75-57; Ord. No. 591; Ord. No. 738; Ord. No. 739; Ord. No. 95-20 § 1; New]

No structure, building or premises shall be used and no building shall be erected or altered except for the following uses:

Same as specified for the C-1 Zone.

All categories of restaurants, except drive-through restaurants.

New-car franchised dealerships.

Indoor recreational facilities.

§ 45-31.2 Accessory Uses.

[1969 Code § 75-58; Ord. No. 591; Ord. No. 710; Ord. No. 738; Ord. No. 739; New]

Accessory uses in the C-2 Commercial Zone — Bloomfield Avenue are as follows: uses and structures customary and incidental to the principal use and buildings.

Satellite transmitting and receiving antennas as regulated in § 45-12.4g.

Signs.

Helistops and heliports are not permitted as a principal or accessory use in C-2 Zones.

§ 45-31.3 Permitted Modifications and Conditional Uses. [1]

[1969 Code § 75-59; Ord. No. 591; Ord. No. 738]

Permitted modifications and conditional uses shall be as follows:

Public utilities and institutional uses.

Editor's Note: See § 45-16 for conditions.

§ 45-31.4 Area, Yard and Building Requirements.

[1969 Code § 75-60; Ord. No. 591; Ord. No. 738; Ord. No. 848]

Area, yard and building requirements are as specified in Subsection 45-30.4 for the C-1 Commercial-Neighborhood Zone.

§ 45-31.5 Other Requirements.

[1969 Code § 75-61; Ord. No. 591; Ord. No. 738]

Other requirements are as follows: same as specified for the C-1 Zone.

§ 45-32 C-3 COMMERCIAL-INDUSTRIAL MIXED-USE ZONE.

§ 45-32.1 Permitted Uses.

[Ord. No. 2004-16 § 7]

No structure, building or premises shall be used, and no building shall be erected or altered, except for the following uses:

Fabrication and assembly of products.

Retail sales and personal services limited to those retail and personal service uses set forth in the H-D Zone in Subsection 45-35.1b1 In addition, retail use is restricted to those buildings existing as of the adoption date of this section,[1] except where a new building is located within 300 feet of the right-of-way of Route 46 or Bloomfield Avenue. Additionally, retail space is limited to a maximum of 30% of the total gross floor area of any individual building that is occupied with a retail sales use. The enumeration of retail uses is specifically designed to enable existing buildings to have limited retail occupancy, and is not meant to infer or enable the removal of existing buildings to facilitate the site's development as commercial shopping center.

Editor's Note: Ordinance No. 2004-16, codified herein, was adopted December 20, 2004.

Equipment repair and maintenance, including minor automobile repair services but not major automobile repair services, carried out entirely in an enclosed building.

Packaging, warehousing and distribution of products.

Offices, including general, business, and professional, and governmental.

Banks and financial institutions.

Planned industrial parks.

Interior self-storage facilities.

Research and product testing laboratories.

Business schools.

Business service.

Indoor recreational facilities.

Printing and publishing.

Public utilities.

Public buildings and parks.

Wholesale supply establishments.

Carpet stores and furniture stores.

Indoor storage/warehousing of vehicles.

Major automobile repair services carried out entirely in an enclosed building, provided such facilities are a minimum of 500 feet from Route 46 and Bloomfield Avenue rights-of-way.

Child care centers in accordance with N.J.S.A. 40:55D-66.6.

§ 45-32.2 Accessory Uses.

[Ord. No. 2004-16 § 7]

The accessory permitted uses in the C-3 Commercial-Industrial Mixed-Use District are as follows:

Uses and buildings customary and incidental to the principal use.

Parking and loading facilities.

Fences.

Signs, subject to Article X.

§ 45-32.3 Conditional Uses.

[Ord. No. 2004-16 § 7; Ord. No. 2006-16 § 3; Ord. No. 2006-20 § 1; Ord. No. 2007-17 § 1; Ord. No. 2007-19 § 1]

Outdoor storage of contractor equipment, flatbed trailers for conveying contractor equipment, boats, trucks and recreational vehicles, but not the storage/parking of tractor-trailers and/or non-motorized box trailers, shall be permitted as a conditional use. Specific conditions that each outdoor storage use must satisfy include each of the following:

Outdoor storage shall only be allowed in that portion of this zone identified as Block 401 Lot 1.03 and Lot 17.01. No more than three acres shall be permitted to be devoted to outdoor storage in the portion of the site identified as Block 401 Lot 17.01 and 40,000 square feet on the portion of the site identified as Block 401 Lot 1.03.

A schematic layout of the area devoted to outdoor storage shall be required at the time any zoning permit is filed. The layout shall depict the dimensions of the outdoor storage area, fencing, screening, access into the area, and internal circulation within the area.

Property must be developed with a principal building.

To the extent that it is not inconsistent with Subsections a6(a) and a6(b), a buffer area shall be required with a minimum width of 50 feet from the centerline of the Passaic River but not less than 10 feet from the river's edge and any residential lot line.

All permitted outdoor storage shall be separated from on-site parking facilities and must be enclosed with an eight-foot high fence maintained in good condition. Fencing shall be slatted where it abuts or faces adjoining property.

Outdoor storage area must meet the following minimum setbacks:

For Block 401 Lot 1.03: A minimum setback of 200 feet and a maximum setback of 750 feet from the right-of-way of Route 46 shall be maintained. Outdoor storage shall be permitted a maximum of 200 feet from the westerly lot line of the property and no closer than 10 feet from the river's edge of the westerly lot line of the property.

For Block 401 Lot 17.01: A minimum setback of 750 feet from the right-of-way of Route 46 shall be maintained.

Tractor-trailers (but specifically exclusive of flatbed trailers) and non-motorized box trailers are not permitted to be stored on site.

All on-site vehicles must be licensed in the current year.

Retail food establishments and specialty food stores, but not including supermarkets. Specific conditions that each retail food establishment and specialty food store must satisfy include each of the following:

No retail food establishment and specialty food store shall exceed 20,000 square feet of gross floor area.

Floor space is limited to a maximum of 30% of the total gross floor area of any individual building that is occupied with any retail sales use.

Off-street parking dedicated to this use shall be located within 100 feet of the store.

Adult entertainment uses, including adult clubs, restaurants, drinking or catering establishments, novelty/gift shops, and video stores. Specific conditions that each adult entertainment use must satisfy include each of the following:

The applicant shall submit a complete statement identifying the manner in which the operation is to be conducted, including the following: proposed use, location of building wherein the use is to operate, square footage to be occupied, days and hours of operation, number of employees, amount of off-street parking spaces, sign details, landscaping/fencing and lighting details.

Advertisements, displays or other promotional materials shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks, walkways or from other public or semi-public areas. All building openings and windows, etc. shall be located, covered or screened in such a manner as to prevent a view into the interior from any public or semi-public area.

No business described herein shall allow persons under the age of 18 years old.

One exterior sign must be provided, at no more than 16 square feet, which gives notice that the premises are off limits to minors. A second exterior sign may be provided that identifies the adult entertainment uses located on site, but shall be no more than 20 square feet.

The area, yard, and building requirements of the C-3 Zone district shall be met. Off-street parking shall be provided in accordance with the Township of Fairfield standards for the proposed use.

Adult entertainment uses shall not operate prior to 9:00 a.m. nor after 11:00 p.m.

There shall be a minimum distance of 1,000 feet between any adult entertainment use and any other adult entertainment use or any place of worship, elementary or secondary school, child care center, school bus stop, municipal or County playground or residentially zoned area.

A buffer of at least 50 feet in width and six feet in height is required around the perimeter of a site developed with an adult entertainment use, provided that the buffer requirement does not apply to the area that contains the vehicular access into or out of the site. Landscaping, which shall include two double rows of evergreen plantings, and fencing shall be installed to impede the view of the interior of the premises in which the building is located.

No adult entertainment uses shall allow any persons to appear with either or both breasts exposed, and no person may appear with the lower part of the torso uncovered or so thinly covered or draped as to appear uncovered.

No business described herein shall permit the consumption of alcoholic beverages on the premises.

Tattoo Parlors. Specific conditions that each tattoo parlor must satisfy include each of the following:

No business described herein shall allow persons under the age of 18 years old.

One exterior sign must be provided, at no more than 16 square feet, which gives notice that the premises are off limits to minors. A second exterior sign may be provided that identifies the uses located on site, but shall be no more than 20 square feet.

The area, yard, and building requirements of the C-3 Zone district shall be met. Off-street parking shall be provided in accordance with the Township of Fairfield standards for the proposed use.

Tattoo parlors shall not operate prior to 9:00 a.m. nor after 9:30 p.m.

No business described herein shall permit the consumption of alcoholic beverages on the premises.

§ 45-32.4 Area, Yard and Building Requirements.

[Ord. No. 2004-16 § 7]

Area, yard and building requirements area are as specified for the L-1 District.

§ 45-32.5 Other Requirements.

[Ord. No. 2004-16 § 7; Ord. No. 2006-20 § 2]

Site Plan Requirements, subject to Article IX;

Signs, subject to Article X for the L-1 Zone, except that sign regulations for retail use shall be as set forth in Article X for the H-D Zone.

Off-Street Parking and Loading Requirements.

As specified in Article VI.

No off-street parking or loading area shall be located within 50 feet of a residential zone boundary line.

There shall be one primary site access drive located on Bloomfield Avenue to serve the district. This access point shall separate ingress movements from egress movements by use of a landscaped median. The design of such drive is to follow generally recognized traffic engineering standards and utilize appropriate signage. A second ingress-only drive may also be permitted onto Bloomfield Avenue. No other vehicular access ways linking this site with the local or County road network are permitted.

A buffer with minimum width of 25 feet shall also be required at the perimeters of the outdoor storage area where it abuts any other on-site activity, except where the approving authority determines there is existing adequate vegetation to serve the same purpose of the required buffer: said buffer is to screen such outdoor storage area from all other on-site activity. Buffers shall comply with the requirements outlined in Subsection 45-12.7 of the Township Zoning Ordinance.

§ 45-32.6 Prohibited Uses.

[Ord. No. 2004-16 § 7]

All uses not specifically listed are prohibited. In addition, movie theaters, supermarkets and/or any other type of food store containing more than 20,000 square feet of gross floor area, outdoor storage of contractor building supplies, and helistops and heliports are prohibited as a principal, accessory or conditional use in the C-3 Zone.

§ 45-33 COMMERCIAL OVERLAY ZONE.

§ 45-33.1 Permitted Principal Uses.

[Ord. No. 2015-07 § 5]

Permitted principal uses authorized by the Commercial Overlay Zone include the following: delicatessen, luncheonette, barbershop, beauty shop, variety/newspaper shop, stationery store, drugstore, dry-cleaning shop, hardware store, clothing store, appliance repair service shops, computer sales and service, electronics store, restaurants without drive-through service windows, day-care centers, adult day-care centers and municipal purposes. The existing permitted uses authorized by the underlying zone are retained and not modified or affected by the establishment of this overlay zone. An applicant shall be allowed to develop property in this designated zoned area for either a permitted use authorized pursuant to the underlying zone or in the alternative, a use authorized pursuant to the overlay zone, but not both.

§ 45-33.2 Permitted Accessory Uses.

[Ord. No. 2015-07 § 5]

The existing permitted accessory uses authorized by the underlying zone are not modified or affected by the establishment of this overlay zone. Permitted accessory uses authorized by the Commercial Overlay Zone are limited to the following: off-street parking, signs, recycling and trash enclosures, loading and unloading zones.

§ 45-33.3 Area, Yard and Building Requirements.

[Ord. No. 2015-07 § 5; amended 11-25-2019 by Ord. No. 2019-27]

The underlying zone area, yard and building requirements are unaffected by this amendment as applied to uses permitted thereunder.

See the Schedule set forth below for the area, yard and building requirements applicable to commercial uses in the Commercial Overlay Zone.

The Schedule of Area, Yard and Building Regulations is hereby amended by the insertion of the following requirements for the Commercial Overlay Zone.

Min. Required Lot Size	21,780 square feet
Min. Required Lot Width	100 feet
Min. Required Lot Depth	125 feet
Min. Required Front Yard	45 feet
Min. Required Side Yard (Each)	15 feet
Min. Required Rear Yard	40 feet
Max. Building Height	35 feet
Max. Building Height	2 stories
Max. Building Coverage	25%
Max. Impervious Coverage	55%
Min. Required Site Yard Setback for Accessory Buildings and Structures	5 feet
Min. Required Rear Yard Setback for Accessory Buildings and Structures	5 feet
Max. Accessory Building Height	15 feet
Min. Gross Floor Area	2,500 square feet
Max. Permitted Floor Area Ratio	0.35%
Minimum Parking	See S 45-19

§ 45-34 H-R HIGHWAY REDEVELOPMENT ZONE.

[Added 6-24-2019 by Ord. No. 2019-10]

§ 45-34.1 Permitted Principal Uses.

Permitted uses shall be limited to self-service storage facilities permitted only within multistory structures designed to emulate attractive office buildings subject to the following standards:

The only activities permitted in individual storage units shall be the rental of the unit and the pickup and deposit of goods and/or property in dead storage. Storage units shall not be used for activities such as:

Residences, offices, workshops, studios, or hobby or rehearsal areas.

Manufacturing, fabrication, or processing of goods, service or repair of vehicles, engines, appliances or other electrical equipment, or any other individual activity.

Conducting retail sales of any kind, including garage or estate sales or auctions, or to conduct any other commercial activity; provided that the operator of the self-service storage may conduct a sale or otherwise liquidate the contents of any storage unit to satisfy and settle an account of unpaid rent or other charges, through public or private sale, in a manner provided by law.

Storage of flammable, perishable or hazardous materials or the keeping of animals.

The rental of trucks, trailers or moving equipment and the installation of trailer hitches are prohibited.

Sale of boxes or packing materials is permitted but only if accessory to the self-service storage facility.

Self-service storage facilities shall not operate or allow tenant access between the hours of 12:00 midnight and 6:00 a.m.

All goods and property stored in a self-service storage facility shall be stored in an enclosed building. No outdoor storage of any kind, including but not limited to storage of boats, RVs, vehicles, trailers or similar vehicles, etc., or storage in outdoor storage pods or shipping containers is permitted.

All storage units above ground level and storage units visible from residential areas shall gain access from the interior of the building(s) or site; no unit doors, loading bays, or docks may face or be seen from any adjacent residential areas.

Electrical service to storage units shall be for lighting and climate control only. No electrical outlets are permitted inside individual storage units. Lighting fixtures and switches shall be of a secure design that will not allow tapping the fixtures for other purposes.

§ 45-34.2 Permitted Accessory Uses.

The following permitted accessory uses shall be permitted:

On-street parking areas.

Signs as permitted and regulated in the HD Zone.

Fences and walls.

Other customary accessory uses incidental to the principal uses permitted in this zone, such as the sale of items to consumers related to storage.

§ 45-34.3 Area and Bulk Regulations.

The following zoning controls shall apply to the Highway Redevelopment Zone:

Principal Use Area/Bulk Requirements
Minimum redevelopment tract area	5 acres
Minimum lot width	200 feet
Minimum lot depth	200 feet
Minimum building setbacks
Front yard	30 feet
All other yards	100 feet
Maximum building coverage	10%
Maximum impervious coverage	20%
Maximum building height	5 stories/60 feet

§ 45-34.4 Design Standards for Self-Storage Facilities.

Pursuant to N.J.S.A. 40A12A-13, all development applications for development in the redevelopment area shall be submitted to the Planning Board (or Board of Adjustment, if applicable) for review and approval. Site plan review shall be required to ensure the development has a high-quality design and is appropriate to the desired character of the zone in which it is located and the surrounding area.

Self-service storage facilities shall meet the requirements of Chapter 42, Land Subdivision, and the following additional requirements:

Parking. The number of off-street parking spaces required shall be one space per 5,000 square feet of gross floor area plus one space per employee on a maximum shift. If determination of the number of required parking spaces results in a fractional space, the fraction shall require one additional parking space.

Fences and walls, including entry gates, shall be constructed of high-quality materials and shall be compatible with the design and materials of the building(s) and site.

Decorative metal or wrought-iron fences are preferred.

Chain-link (or similar) fences, barbed- or razor-wire fences, and walls made of precast concrete blocks are prohibited.

Fences or walls between the main or front building on the site and the street shall be landscaped to buffer the fence or wall from view.

Ground- and upper-floor facades for self-service storage facility buildings shall meet the following requirements:

The ground floor on rear or side facades facing residential areas shall be visually screened from view from the street or nearby residential uses.

In order to promote visual compatibility, self-service storage facility buildings shall incorporate architectural and design features common to commercial and/or multifamily development. Examples of such architectural and design features include: massing; proportion; facade modulation; exterior building materials and detailing; varied roof line; pedestrian scale; fenestration; repetition; etc.

All exterior windows, doors and other architectural features shall be shaded or a selected color as determined by the Planning Board to:

Be compatible with the color of the building; and

Be of such color as to lessen the visibility of the door, window or other architectural feature.

The business office of self-service storage facilities shall have a pedestrian entrance facing the street. This entrance shall be considered the "main" or "principal" entrance to the building for purposes of this chapter, even if the majority of customers using the facility enter through loading docks, bays, doors or other side or rear entrances.

Self-service storage facility buildings shall be surfaced in high-quality materials. Prefabricated buildings, unfaced concrete block, painted masonry, and tilt-up and precast concrete panels are prohibited.

Areas for outdoor storage, trash collection or compaction, loading or other such uses shall not be located on a facade facing a public street or be located within 20 feet of any public street, public sidewalk, or internal pedestrian way, which setback area shall be planted with landscape material acceptable to the Planning Board (or Board of Adjustment, if applicable).

AFFORDABLE APARTMENTS TRACT AREA

Green building requirements and standards. To minimize environmental impacts, reduce stormwater runoff and potential flooding associated with any proposed development, green building and site development standards shall be incorporated into the site development, where practical and feasible, in accordance with United States Green Building Council (USGBC) LEED certification process. LEED certification is not a requirement for development but shall act as a development guide to reduce the environmental impacts where, in the view of the Planning Board, such standards may be incorporated into a particular project without detriment to the project itself.

§ 45-34.5 Submittal Requirements.

Preliminary and final site plan approval shall be required prior to any construction. Any site plan for the construction of improvements within the Redevelopment Area shall be prepared and submitted to the Planning Board in accordance with the Fairfield Township Land Use Regulations, Chapter 40 of the Township Code.

The submittal shall contain, in addition to the site plan submittal provisions, a report detailing the following:

A traffic and circulation plan regarding vehicular and pedestrian movements. Such report shall address existing and projected vehicular peak hour movements, turning movements, and the need for improvements to enhance traffic safety and convenience in the area.

An environmental impact statement as required by Chapter 44 of the Fairfield Township Code.

§ 45-34.6 Waivers.

Variation from the requirements set forth in this redevelopment plan may be necessary in certain circumstances or to meet federal, state or county permit requirements. In such an instance, the Planning Board may waive certain bulk, parking or design requirements if the designated redeveloper demonstrates that such waiver will not substantially impair the intent of the redevelopment plan, and will not present a substantial detriment to the public health, safety and welfare.

§ 45-34A IRO INCLUSIONARY RESIDENTIAL OVERLAY ZONE.

[Added 7-22-2019 by Ord. No. 2019-15]

§ 45-34A.1 Purpose and Planning Rationale.

The purpose of the IRO Inclusionary Residential Overlay Zone is to provide a realistic opportunity for the construction of affordable housing as part of a comprehensively planned inclusionary development, and thereby help to address the fair share housing obligation of the Township of Fairfield under the New Jersey Fair Housing Act ("FHA"), applicable Council on Affordable Housing ("COAH") regulations, the settlement agreement entered into between the Township and Fair Share Housing Center ("FSHC") on November 26, 2018, the Township's Housing Element and Fair Share Plan, which may be amended from time to time, and any applicable order of the Court, including a Judgment of Compliance and Repose Order.

§ 45-34A.2 Applicability.

The following standards shall apply to development within the IRO Inclusionary Residential Overlay Zone. All other provisions of Chapter 45, Zoning, of the Fairfield Township Code shall apply to development in the IRO Inclusionary Residential Overlay Zone only where specifically indicated as applicable in this § 45-34A of the Fairfield Code. No overlay zoning, other than the IRO Inclusionary Residential Overlay zoning, shall apply to the tract. Sections 10-2; 10-3; 16-1.8-16-1.16; 17-4.19-17-4.22; 17-4.24 through 17.4.28, 17-5; 18-1.7; 20; 21-1; 22-1; 42-5.1; and 42-10 of the Township Code shall not apply in the IRO Inclusionary Residential Overlay Zone. When development of a use permitted by the IRO Inclusionary Residential Overlay Zone is proposed, only the IRO Inclusionary Residential Overlay Zoning shall apply and the R-1 zoning shall be of no force or effect.

§ 45-34A.3 Definitions.

The Definitions provided in § 45-7.1, Chapter 45, Article XIV, and § 42-2 of the Township of Fairfield Code shall apply in the IRO Inclusionary Residential Overlay Zone, except as provided herein. The following definitions shall apply only within the IRO Inclusionary Residential Overlay Zone, shall supplement any nonconflicting definitions within Chapter 45 of the Township Code, and shall supersede any conflicting definitions in the Township Code.

The acreage of the tract to be developed with affordable apartments.

BUILDING HEIGHT

Shall be measured as follows: The vertical distance measured from the average final finished grade at the four corners of the building, to the highest roof beams on a flat roof, to the deck level on a mansard roof, and to the highest ridge line for gable, hip and gambrel roofs.

EXTERNAL TRACT LINE

The boundary between the tract and any parcel outside the IRO Inclusionary Residential Overlay Zone, excluding any municipal boundary line.

FRONT SINGLE-FAMILY LOT LINE

The line which separates the internal road or a publicly owned or controlled street right-of-way from the single-family lot which abuts upon that street or internal road, as distinct from a sidewalk line, curbline or edge-of-pavement line.

INTERNAL ROAD

A public or private road connecting any two or more lots created by subdivision and located entirely in the tract.

LOT WIDTH

The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight parallel line to the front lot line at the minimum required building setback line.

REAR SINGLE-FAMILY LOT LINE

The lot line opposite and most distant from the front single-family lot line.

SIDE SINGLE-FAMILY LOT LINE

Any lot line of a lot with a single-family dwelling unit, other than a front single-family lot line or a rear single-family lot line.

SINGLE-FAMILY LOT AREA

The total square footage of a lot to be developed with a single-family dwelling unit.

SINGLE-FAMILY TRACT AREA

The acreage of the tract to be developed with single-family homes.

STORY

That portion of a building included between the surface of any floor above the average elevation of ground at the foundation wall and the surface of the next floor above it or, if there is no floor above it, then the space between the floor and the ceiling next above it, but excludes any basement room, walkout-basement or cellar.

TRACT

The entirety of the parcels of land comprising the IRO Inclusionary Residential Overlay Zone, meaning the combination of Block 2003, Lot 1, Block 2101, Lot 8.03, and Block 1902, Lot 13.

§ 45-34A.4 Application Requirements.

Any application for development for any portion or the entirety of the IRO Inclusionary Residential Overlay Zone shall be submitted in accordance with the requirements of Chapters 40 and 42 of the Township of Fairfield Code, except as provided herein. Notwithstanding §§ 40-6 and 42-3, the maximum sheet size of site and subdivision plans submitted in connection with an application for development shall be 30 inches by 42 inches. Consistent with N.J.A.C. 5:93-10.1(b),[1] no unnecessary cost generative requirements shall apply to any development of permitted uses within the IRO Inclusionary Residential Overlay Zone, including but not limited to the requirements of § 42-3.7b and e; § 42-3.8d, e, and n; and Chapter 44 of the Township of Fairfield Code. Further to that end, notwithstanding §§ 40-6 and 42-3.8h, no application for development in the IRO Inclusionary Residential Overlay Zone shall be required to include floor plans for existing buildings; location and design of existing parking, loading, access and circulation improvements and dimensions of same; existing and proposed cable utility service; existing storm drainage design and improvements; existing site illumination; existing landscaping; existing signs; landscaping buffering of temporary contractor's construction structures and storage areas; a professional planning report; and location of all telephone, electric, gas, and cable television lines and easements. Applications for development in the IRO Inclusionary Residential Overlay Zone shall not be required to utilize the Township's datum. However, an application for development shall include an environmental impact statement for review by the Planning Board, which such environmental impact statement shall include the data required by §§ 44-3.1 and 44-3.2a through f and i and shall include floor plans of typical affordable apartment units.

Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.

Notwithstanding § 40-7, the application fee for preliminary and final major subdivision and site plan in the IRO Inclusionary Residential Overlay Zone shall be $1,500 and the initial escrow fee due at the time of initial filing of an application for development in the IRO Inclusionary Residential Overlay Zone shall be $15,000.

For the avoidance of doubt, development of principal permitted uses in the IRO Inclusionary Residential Overlay Zone shall constitute an affordable housing development and be exempt from payment of development fees pursuant to § 45-74 of the Township Code.

It is the intent of this section for the Planning Board to expedite its review of any application for development submitted for this overlay zone within the time frames established under N.J.S.A. 40:55D-1 et seq. No application or review by any Citizens' Advisory Committee or Environmental Commission shall be required in connection with any application for development. Application may be made simultaneously for preliminary and final subdivision and/or site plan approval. Application for development to the Planning Board shall be deemed to also serve as an application for an excavation and regrading permit, diversion permit, soil movement permit, tree removal permit, signs, and for fencing. The Planning Board has the sole authority to approve and issue excavation and regrading permits, diversion permit, soil movement permits, tree removal, signs, and fencing applications in connection with any development proposed via site plan application in the IRO Inclusionary Residential Overlay Zone. It is further the intent of this section to not require off-site or off-tract improvements for development, unless the need for such improvements arise from the development within the overlay zone nor shall the approving authority require items deemed as "cost-generating" as defined by N.J.A.C. 5:93-10.1 et seq.[2]

[2]

Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.

§ 45-34A.5 Permitted Principal Uses.

No building, structure, or premises in the IRO Inclusionary Residential Overlay Zone shall be used and no building shall be erected or altered except for the following uses:

Single-family dwelling units.

Affordable apartments.

§ 45-34A.6 Permitted Accessory Uses.

Accessory uses permitted in the IRO Inclusionary Residential Overlay Zone are as follows:

Private garages.

Signs.

Buildings and uses customary and incidental to the principal use.

Recreational facilities, clubhouse, lobbies, fitness facilities, outdoor barbecues, fire pits, gazebos, leasing and management offices, club rooms, lounges, libraries, business centers, game rooms, pool rooms, community gardens, rec rooms, children's play rooms, private theater rooms, community kitchens for tenant use, locker rooms, mail rooms, package storage areas, valet spaces, or related mechanical equipment, and similar interior tenant amenities, provided that such amenities serve only the residents of the development and their guests, and any residents or guests of residents of any portion of the approximately 99 acres comprising Block 1600, Lot 1 in the Borough of North Caldwell.

Sports facilities, including but not limited to fields, courts, putting greens and swimming pools.

Playground facilities.

Dog park or dog run.

Satellite dish antennas, subject to the requirements of § 45-22.2f.

Storage spaces unattached to affordable apartments, but used by occupants of affordable apartments, which are incorporated into the affordable apartments building.

Waste and recycling receptacles and dumpster enclosures.

Fences.

Surface parking.

Maintenance facilities.

§ 45-34A.7 Permitted Modifications and Conditional Uses.

Permitted modifications and conditional uses in the IRO Inclusionary Residential Overlay Zone are as follows:

Home offices.

Home-based business offices.

§ 45-34A.8 Area, Yard and Building Requirements.

The following area, yard and building requirements shall be applicable in the IRO Inclusionary Residential Overlay Zone:

Tract requirements.

The tract shall be subdivided such that no affordable apartments shall be located on the same lot as any single-family dwelling unit. To the extent necessary, access, drainage, and utilities to subdivided lots within the tract may be provided for via cross-easements.

Minimum setbacks from external tract lines: 25 feet. Balconies and decks may extend into a required external tract line setback by no greater than six feet for balconies and 10 feet for decks. Retaining walls, sidewalks, public or private streets, walkways, railings, perimeter fences, freestanding signs, parking spaces, driveways, patios, pathways, appurtenances such as HVAC units, stationary generators, pedestrian structures such as stairs, pads, roof overhangs, trash enclosures, above- and below-ground stormwater detention basins and/or facilities, and underground utilities as needed, landscaping, and lighting shall be permitted within the external tract line setbacks.

Tract design requirements. All buildings on the tract shall utilize similar building materials.

Single-family requirements.

Single-family dwelling unit design requirements. Single-family dwelling units in the IRO Inclusionary Residential Overlay Zone shall be market-rate units without age restriction, and shall include no more than three bedrooms. All single-family dwelling units shall have a first-floor master bedroom or an elevator. For those single-family dwelling units with an elevator, the second-floor master suites shall be at least 500 square feet, inclusive of bathroom and closet space.

Area, yard and bulk requirements. The area, yard and bulk requirements for the single-family lots are as follows:

Minimum single-family tract area	65 acres
Maximum single-family dwelling units per tract	150
Minimum single-family lot area	5,000 square feet
Minimum setbacks between single-family dwelling unit and:
Front single-family lot line	20 feet
Rear single-family lot line	20 feet
Side single-family lot line	7 feet
Maximum single-family dwelling unit building height	35 feet
Maximum single-family dwelling unit building height	2.5 stories
Minimum single-family lot width	50 feet

Encroachments. Balconies and decks may extend into a required front, rear, or side yard setback on a single-family lot by no greater than six feet for balconies and 10 feet for decks. Retaining walls, sidewalks, public or private streets, walkways, railings, perimeter fences measuring up to five feet in height, freestanding signs, parking spaces, driveways, patios, pathways, appurtenances such as HVAC units, stationary generators, pedestrian structures such as stairs, pads, roof overhangs, bay windows, trash enclosures, above- and below-ground stormwater detention basins and/or facilities, and underground utilities as needed, landscaping, and lighting shall be permitted within the required front, rear, and side yard setbacks on single-family lots.

Parking. The number and dimensions of parking spaces required by the Residential Site Improvement Standards shall be provided for parking for single-family dwelling units constructed in the IRO Inclusionary Residential Overlay Zone.

Trash. Curbside pickup shall be permitted for single-family dwelling units.

Affordable apartment requirements.

Affordable apartment design requirements. Affordable age-restricted dwelling unit apartments may be in a separate building from affordable apartments that are not age-restricted dwelling units.

Area, yard and bulk requirements. The area, yard and bulk requirements for the affordable apartments are as follows:

Minimum affordable apartments tract area	2 acres
Affordable non-age-restricted apartments required per tract	18
Affordable age-restricted dwelling unit apartments required per tract	17
Minimum setbacks from external lot lines	50 feet
Maximum affordable apartment building height	40 feet for flat roof; 45 feet for pitched roof
Maximum affordable apartment building height	3.5 stories*

*	Of the permitted 3.5 stories, one half-story shall be permitted to accommodate a pitched roof; such half-story shall not be utilized as living space.

Encroachments. Balconies and decks may extend into a required setback by no greater than six feet for balconies and 10 feet for decks. Retaining walls, sidewalks, public or private streets, walkways, railings, perimeter fences measuring up to five feet in height, freestanding signs, parking spaces, driveways, patios, pathways, appurtenances such as HVAC units, stationary generators, pedestrian structures such as stairs, pads, bay windows, roof overhangs, trash enclosures, above- and below-ground stormwater detention basins and/or facilities, and underground utilities as needed, landscaping, and lighting shall be permitted within the setbacks.

Parking. The number and dimensions of parking spaces required by the Residential Site Improvement Standards shall be provided for parking for affordable apartments constructed in the IRO Inclusionary Residential Overlay Zone.

Trash.

Trash produced by the affordable apartments may be stored inside the affordable apartment building(s) and/or in outdoor trash containment areas.

All outdoor trash containment areas must be enclosed within a six-foot-high enclosure to prevent windblown litter. The enclosure shall be opaque and complement the design and materials of the principal building.

Landscape plantings shall be located to blend the outdoor trash enclosure into the visual environment and obscure it from view.

The area, yard, and building regulations set forth for the IRO Inclusionary Residential Overlay Zone in this § 45-34A.8 shall be incorporated into the Schedule of Area, Yard and Building Regulations at § 45-18.1.

§ 45-34A.9 Other Requirements.

Utilities. Applicant(s) for development in the IRO Inclusionary Residential Overlay Zone shall be responsible for creating, extending or improving on and off site infrastructure necessary to provide adequate potable water, wastewater, and stormwater service to the lot which is the subject of an application for development.

Access. The primary ingress and egress to the tract shall be from Green Brook Road and/or the Borough of North Caldwell. Inwood Terrace shall not be used for access to the tract, with the exception of emergency access to be used exclusively by emergency vehicles, utilizing Tufftrack or an equivalent grassed fire lane. Block 1902, Lot 13 shall be used solely for said emergency access.

Affordable housing. In accordance with any applicable Judgment of Compliance and Repose Order entered by the Superior Court of New Jersey with regard to In the Matter of the Application of the Township of Fairfield, County of Essex, Docket No. ESX-L-4660-15 the following affordable housing requirements shall apply:

Except as provided herein, all affordable apartments within the IRO Inclusionary Residential Overlay Zone shall comply with the Township's Affordable Housing Ordinance at Article XIV, Chapter 45, § 45-74A of the Township Code, the Uniform Housing Affordability Controls ("UHAC")(N.J.A.C. 5:80-26.1 et seq.), the Township's Housing Element and Fair Share Plan, and any applicable Order of the Court, including a Judgment of Compliance and Repose Order. In the event of any conflict between the IRO Inclusionary Residential Overlay zoning and the Township's Affordable Housing Ordinance or UHAC, the zoning for the IRO Inclusionary Residential Overlay shall control. This includes, but is not limited to, the following requirements for all affordable units:

Deed restriction period. All affordable units shall be deed restricted as affordable to very-low-, low-, or moderate-income households for a period of at least 30 years from the date of the initial occupancy of each affordable unit (the "deed-restriction period"), until the Township takes action to release the controls on affordability, so that the Township may count each affordable unit against its obligation to provide affordable housing. Single-family homes in the IRO Inclusionary Residential Overlay Zone shall not be deed restricted as affordable. The affordability controls shall not expire until such time, after 30 years from the date of initial occupancy that the Township takes action to release the controls on affordability, and that, thereafter, the affordability controls shall continue in effect until the date on which the individual affordable apartment shall become vacant, provided that the occupant household continues to earn a gross annual income of less than 80% of the applicable median income. If, at any time after the release of the affordability controls by the Township, a rental household's income is found to exceed 80% of the regional median income, the rental rate restriction shall expire at the later of the next scheduled lease renewal of 60 days.

Income distribution. Of the affordable non-age-restricted apartments, nine shall be for moderate-income households, six shall be for low-income households, and three shall be for very-low-income households. Of the affordable age-restricted apartments, eight shall be for moderate-income households, six shall be for low-income households, three shall be for very-low-income households.

Bedroom distribution.

Affordable age-restricted dwelling unit apartments. The affordable age-restricted dwelling unit apartments may be efficiency, one- or two-bedroom units, or any combination thereof, provided that the number of bedrooms shall equal the number of affordable age-restricted dwelling unit apartments. This standard may be met by one-bedroom units or by including one two-bedroom unit for each efficiency unit provided.

Affordable non-age-restricted apartments. At least four of the non-age-restricted affordable apartments shall be three-bedroom units. At least six of the non-age-restricted affordable apartments shall be two-bedroom units. No more than three of the non-age-restricted affordable apartments shall be one-bedroom units. The remainder of the non-age-restricted affordable apartments may be two- or three-bedroom units, at the discretion of the developer.

(d)

Phasing requirements. Construction of the affordable apartments and the single-family dwelling units shall comply with N.J.A.C. 5:93-5.6(d),[1] with the certificates of occupancy for the market-rate single-family dwelling units being phased with the certificates of occupancy for the affordable apartments in accordance with that regulation.

Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.

(e)

Administrative agent. Administration of all affordable apartments shall be by a qualified and experienced third party administrative agent paid for by the developer, which may be the administrative agent for the Township of Fairfield.

(f)

Location requirements. Within the IRO Inclusionary Residential Overlay Zone, affordable units may be consolidated into a single building or buildings. Such a building need not contain any market-rate units.

(g)

Other affordable housing unit requirements. Developers shall also comply with all of the other requirements of the Township's Affordable Housing Ordinance, including, but not limited to, 1) affirmative marketing requirements; 2) candidate qualification and screening requirements; and 3) adaptability requirements.

Circulation.

Roadway widths shall comply with Residential Site Improvement Standards.

Sidewalks. Notwithstanding the Residential Site Improvement Standards, sidewalks shall be required on one side of the internal roads.

Residential site improvement standards. To the extent any waiver, exemption, or exception is required from the Residential Site Improvement Standards due to an inconsistency with this zoning or otherwise, the Township Planning Board may liberally grant such waiver, exemption, or exception so as to refrain from imposing cost-generative requirements upon the application and/or development.

Retaining walls.

No single retaining wall or retaining wall tier shall exceed a height of 15 feet. There shall be a minimum of four feet between retaining wall tiers. The use of retaining wall tiers to accommodate severe grade changes shall be permitted.

Ornamental walls utilizing loose laid stone may be provided throughout the site as appropriate, up to a height of four feet.

Shade trees. Shade trees shall be planted at a distance of not more than 60 feet from each other along all internal roads.

Stormwater management. Applications for development in the IRO Inclusionary Residential Overlay Zone shall comply with N.J.A.C. 7:8.

Lighting.

On-site lighting shall protect and enhance the character and quality of the surrounding neighborhood.

LED (light-emitting diode) light of the soft white category shall be incorporated into site, service and parking lot lighting.

All exterior lights shall be designed so as to reduce glare, lower energy usage and direct lights only to where they are needed.

Signage.

Ground signs. Ground signs shall be permitted at each entrance to the single-family tract and the affordable apartments tract from any internal road or public street, with the exception of the emergency access via Inwood Terrace.

The face of each such ground sign shall not exceed 60 square feet in area, exclusive of any monument or structure to which the sign is affixed. The maximum height of a ground sign from the ground, including base support, shall be six feet. The sign may be internally or external illuminated, provided the sign shall not incorporate scrolling, animation, or flashing elements. The sign materials and design should complement the architecture of the building(s).

Each such ground sign shall be set back a minimum distance from any internal road or public street so as to preserve sight triangles.

Wall signs. Wall signs for purposes of address and unit number identification shall be permitted. No other wall signs shall be permitted.

Directional signs not to exceed four square feet shall be permitted where it is determined that such signage promotes the safe circulation of vehicles onsite.

Temporary banners, pennants, and bunting. Banners, streamers, pennants and/or bunting used for sales or marketing purposes shall be permitted, provided they do not exceed four feet in height.

The area of a sign face shall be computed by drawing a square or rectangle that encompasses the extreme limits of the verbiage, logo or emblem.

Building height exceptions.

[Added 7-24-2023 by Ord. No. 2023-14]

In those instances where the calculation of average building height results in a single dwelling unit exceeding the required maximum building height for the zone due to natural topographic conditions, that portion of the building that exceeds the maximum building height may be permitted, provided the building height does not exceed the permitted height in the zone by more than seven feet

Where a lot slopes down from the primary street a minimum of 10 feet vertically, one additional story is allowed beyond the maximum number of stories. The additional story shall be limited to the rear building elevation only.

§ 45-35 H-D U.S. ROUTE 46 SPECIAL HIGHWAY DEVELOPMENT ZONE.

§ 45-35.1 Permitted Uses.

[1969 Code § 75-62; Ord. No. 591; Ord. No. 738; Ord. No. 779; Ord. No. 946; Ord. No. 953; New; Ord. No. 95-20 § 2; Ord. No. 97-10 §§ 2, 3; Ord. No. 2007-19 § 1; Ord. No. 2013-19 § 1]

No building, structure, premises or land in the H-D U.S. Route 46 Special Highway Development Zone shall be used, arranged, or designed for any use except the following:

Retail sales, including by way of example, stores selling apparel and clothing; stores, such as supermarkets, selling groceries, baked goods, meats and other such food items; electronic goods and equipment; household appliances, goods and supplies including furniture and carpet stores; hardware; liquor stores; music stores including instruments; pharmacies; shoe stores; and similar.

Personal services, including by way of example, barber shops and beauty shops; dressmaking and tailoring; dry cleaning and laundry establishments; and similar.

Business services.

Offices.

Banks and financial services.

Restaurants, all categories.

Business and vocational schools.

Studios for music, dance, sports or art instruction.

Indoor recreation, including health and fitness centers and athletic training centers.

Animal hospitals and veterinary clinics.

Garden center/nurseries.

Warehousing and wholesale supply establishments.

§ 45-35.2 Accessory Uses.

[1969 Code § 75-63; Ord. No. 591; Ord. No. 710; Ord. No. 738; Ord. No. 739; Ord. No. 779; New]

Accessory uses in the H-D U.S. Route 46 Special Highway Development Zone are as follows:

Uses and structures customary and incidental to the principal use and structure.

Helistops and heliports are not permitted as a principal or accessory use in the H-D U.S. Route 46 Special Highway Development Zone.

Cafeterias for employees.

Satellite transmitting and receiving antennas as regulated by Subsection 45-12.4g.

Signs.

§ 45-35.3 Conditional Uses.

[1969 Code § 75-64; Ord. No. 591; Ord. No. 738; Ord. No. 982 § 1; New]

The following conditional uses may be permitted subject to review and approval by the Township Planning Board, provided that the conditions specified herein are complied with:

Arcades.

Arcades, as defined herein, shall be permitted as a conditional use, subject to full compliance with the following conditional use criteria:

Minimum Space Requirements

Each machine: 77 square feet.

Administrative area: not less then 10% of total area.

Separate restroom facilities.

No arcade shall be located closer than 500 feet to any residential zone district. Such requirement is based upon the following planning rationale.

Arcades provide an entertainment function that is unique and generate a high concentration of adolescents. This use has the tendency to generate noise, outdoor loitering and littering.

Restriction of arcades from close proximity to established residential districts is necessary to preserve the integrity and character of these neighborhoods, by discouraging continuous pedestrian movement of adolescents from residential neighborhoods to commercial uses; while providing an appropriate location for this entertainment service.

It is the objective of this subsection to provide appropriate standards so that both the residential use and the arcade use remain mutually exclusive and do not cause any hardship for either use.

A minimum of one parking space shall be provided for every 2.5 machines, plus a minimum of two parking spaces for employees per establishment.

Public utilities and institutional uses as listed in Subsection 45-16.2, Specific Conditional Uses.

§ 45-35.4 Area, Yard and Building Requirements.

[1969 Code § 75-65; Ord. No. 591; Ord. No. 738; Ord. No. 848; Ord. No. 987 § 4; Ord. No. 97-08 § 2; Ord. No. 2013-19 § 3]

Area, yard and building requirements are as specified in the Schedule of Area, Yard and Building Regulations (see Article V), except for the following:

In order to provide for a variety of scale in industrial uses and establishments, a planned complex of such uses may be established in the H-D U.S. Route 46 Special Highway Development Zone as follows: The minimum area of individual lots within the planned industrial park shall be at least 40,000 square feet, and the average size of all lots shall be at least 1.5 acres at the time of subdivision approval.

Office buildings shall be permitted to be constructed to a height of 40 feet, plus an additional 10 feet for mechanical and elevator rooftop structures. However, the floor area ratio of 0.35 shall be permitted only if the proposed project is designed to accommodate all required off-street parking spaces.

Supermarkets shall be required to have a minimum lot area of 120,000 square feet. See the Schedule of Area, Yard and Building Regulations for all other yard and building requirements.

§ 45-35.5 Other Requirements.

[1969 Code § 75-66; Ord. No. 591; Ord. No. 609; Ord. No. 712; Ord. No. 738; Ord. No. 2000-19 § 1; Ord. No. 2013-19 §§ 4,5]

Site Plan Requirements. As specified in Article IX.

Sign Regulations. As specified in Article X.

Off-Street Parking and Loading Requirements:

As specified in Article VI.

No off-street parking or loading area shall be located within 50 feet of a residential zone boundary line.

No parking or loading for warehousing and wholesale supply establishments shall be permitted in the front yard of the building.

Parking areas for all permitted and conditional uses, other than warehousing and wholesale supply establishments, may be located in any yard areas, except that no off-street parking area or drive aisles shall be permitted to be located within 30 feet of any street line, nor within 10 feet of other lot lines, and further provided that a minimum fifty-foot setback shall be required where a lot abuts a residential zone.

Performance Standards Requirements. As specified in § 45-65.

Irrespective of the requirements set forth in Subsection 45-35.5c4 above, shared access points linking parking areas on adjoining lots in the H-D Zone shall be permitted. Cross easements shall be provided to formalize this arrangement.

Green Design. New construction and redevelopment in the zone should incorporate environmental sustainability. This can be achieved through economic benefits generated by green design and promoting green building technology. Development in the U.S. Route 46 corridor is encouraged to incorporate the following, as determined appropriate:

Green Roof. A thin layer of planting installed on top of a waterproofing layer on the building roof. The green roof reduces stormwater runoff, mitigates the heat island effect, reduces sound reflection and enhances aesthetics.

Energy Conserving Tree Planting and Landscaping. A landscape plan can be provided that reduces the heat island effect, and is encouraged where feasible.

Pavement Materials. Paving materials that lower surface temperatures should be considered for parking lots. Pavements with a high solar reflectance and porous or permeable pavements that benefit from the cooling effect of evaporation are solutions to consider.

Landscape Requirements. The following design standards are recommended as supplemental landscape plan implementation regulations:

Function and Materials.

Landscape buffer features to visually enhance the character of a site shall be incorporated into a site plan.

Irrigation shall be provided for all plantings in a manner appropriate for the specific plant species.

A growth guarantee of two growing seasons shall be provided and all dead or dying plants shall be replaced by the applicant, as required, to maintain the integrity of the site plan. Buffer areas shall be maintained and kept free of weeds, debris and rubbish.

Frontage Landscaping.

Frontage landscape areas shall be provided for all uses. It shall be shown on the landscape plan and consist of a mixture of deciduous and evergreen trees, shrubs, grasses and perennials, and incorporated with berms, boulders, mounds or combinations thereof so as to enhance the appearance of the site. The design of landscaped berms shall be of sufficient height to screen parked cars from motorists on adjacent rights-of-way. In addition to required street trees, frontage buffers shall require a minimum of 10 shrubs for every 30 feet of frontage. If a landscaped berm is provided, the berm shall be at least 2.5 feet higher than the finished elevation of the parking lot, and then the planting requirements may be reduced to five shrubs for every 35 feet of frontage. Frontage buffer plantings may be waived where existing natural growth is found to be sufficient for this purpose.

Frontage landscaping may not interfere with traffic sight distances, and shall not block a driver's view of retail stores or signs on a commercial site where such view, as determined by the Planning Board, is either necessary to the legitimate economic functions of the site or where traffic safety factors are involved.

Transition Buffers.

Transition buffers shall be required when any proposed nonresidential use abuts or is across a street from a residential zone.

Design of transition buffers. Arrangement of plantings in buffers shall provide maximum protection to those residential lots as noted above. Possible arrangements include planting in parallel, serpentine or broken rows. If planted berms are used, the minimum top width shall be four feet, and the maximum side slope shall be 2:1.

Transition buffer planting specifications. Plant materials shall be sufficiently large and planted in such a fashion that a screen at least six feet in height shall be produced. All plantings shall be installed according to accepted horticultural standards. Such strips shall be planted with evergreens and deciduous trees as follows, subject to the approval or modification of the approving authority:

The transition buffer shall be planted with masses and groupings of shade trees, ornamental trees, evergreen trees and shrubs. No less than 75% of the plants shall be evergreen trees with a minimum installed height of six feet. A fence or wall may be required within the transition buffer at the discretion of the approving authority. Fences shall not exceed a six-foot height in the side or rear yard nor four-foot height in the front yard.

Unless otherwise approved, evergreens shall be spaced five feet from the outside lot line and eight feet apart in a row. A minimum of two parallel rows of staggered plants shall be required between any residential and nonresidential zone. More than one type of evergreen species shall be used. Where a fence is required, all plantings shall be placed on outside perimeter of the fence but not closer than five feet from the outside lot line.

(3)

At a minimum, one deciduous tree should be planted every 40 feet, in the center of the transition strip, or as approved. All deciduous trees shall be of a 2 1/2 to three inch caliper, measured six inches from grade.

(4)

Existing vegetation in the transition buffer shall be preserved, as determined appropriate. It shall be supplemented with shade tolerant naturalistic massed plantings where necessary to complete screening of adjoining land uses.

(5)

Transition buffer plantings may be waived by the Board where existing natural growth is found to be sufficient to provide a year-round screen of adjacent land uses.

General Landscape Design and Planting Requirements.

Slope plantings. Landscaping areas of cuts and fills and/or terraces shall be sufficient to prevent erosion, and all roadway slopes steeper than one-foot vertically to three feet horizontally shall be planted with ground covers appropriate for the purpose and soil conditions, water availability and environment.

Sight triangles. Landscaping within sight triangles shall not exceed a mature height of 30 inches. Shade trees shall be pruned up to an eight foot branching height above grade.

Topsoil preservation. No topsoil shall be removed from the site or used as fill. Topsoil moved during the course of construction shall be redistributed on all regraded surfaces so as to provide at least four inches of even cover to all disturbed areas of the development and shall be stabilized by seeding or planting. Additional topsoil shall be provided as directed by the Township Engineer. Surplus topsoil shall be removed only as directed by the Township Engineer. A soil erosion and sediment control plan shall be approved as part of the preliminary plat, pursuant to the Township Ordinance.

(d)

Removal of debris. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials, or other debris shall be removed from the site and disposed of pursuant to law.

(e)

Protection of existing plantings. Maximum effort should be made to save fine specimens (because of size or relative rarity). No building material, construction equipment or temporary soil deposits shall be placed within eight feet of shrubs or the drip line of trees designated to be retained. Protective barriers or tree wells shall be shown on plans, and installed around each plant and/or group of plants that are to remain. Barriers shall be a minimum of four feet high and constructed of a durable material that will last until construction is completed. Snow fences and silt fences are examples of acceptable barriers. Chain link fence may be required for tree protection if warranted by site conditions. The grade of the land located along the drip line shall not be raised or lowered more than six inches unless compensated by welling retaining walls, and in no event shall the welling or retaining walls be less than six feet from the trunk of a tree. Any clearing within the drip line or within six feet of the trunk of a remaining tree must be done by hand.

Street Trees.

Street trees shall be required for all development, including expansion of existing uses.

Street trees shall be installed within the right-of-way between the sidewalk and curb on both sides of all streets or as directed by the respective board or municipal agency. Where sidewalks are not required, street trees shall be located within the property line along a line five feet from and parallel to the street right-of-way line. The spacing of street trees shall be no farther than 40 feet on center. When trees are planted at predetermined intervals along streets, spacing shall depend on tree size, as follows:

Tree Size	Planting Interval (in feet)
Large trees	40
Medium-sized trees	30
Small trees	20

(d)

Street tree type. Tree type may vary depending on the overall effect desired. Depending upon the length of the street, more than one variety of street trees should be provided to create biodiversity and reduce the problems associated with a monoculture planting. Trees shall be planted in groups of similar varieties. Trees of similar form, height and character along a roadway shall be used to promote uniformity.

Buildings.

Large horizontal buildings, i.e. buildings with a linear dimension of more than 250 feet, should be broken into segments having vertical orientation. A visual and/or physical break should be provided minimally every 100 linear feet. Offsets consisting of a break in the linear plan of the building of a minimum 2 1/2 feet shall be required. Related architectural elements which preclude a continuous uninterrupted facade building length may also be utilized to achieve a break in the linear dimension of the building walls in place of an offset if determined by the approving authority to achieve the same purpose. All building foundations shall be appropriately landscaped.

Buildings with expansive blank walls are prohibited. Appropriate facade treatments should be imposed to ensure that such buildings are integrated with the rest of the development.

New buildings are encouraged to incorporate such building elements as entrance features, corners, graphic panels, display windows, etc. as a means to provide a visually attractive environment.

Cornices, awnings, canopies, flag poles, signage and other ornamental features should be encouraged to enhance the visual environment.

Exterior mounted mechanical and electrical equipment exposed to the public view shall be architecturally screened. Such equipment shall be painted to complement the building's color composition.

§ 45-36 O-P OFFICE PROFESSIONAL DISTRICT.

§ 45-36.1 Permitted Uses.

[1969 Code § 75-66.1; Ord. No. 848; New]

No structure, building or premises shall be used and no building shall be erected or altered, except for the following uses:

Offices: general, business, professional, banks, financial and government.

Business schools.

Business services.

Churches and Houses of Worship.

Public buildings and parks.

§ 45-36.2 Accessory Uses.

[1969 Code § 75-66.2; Ord. No. 848; New]

Accessory uses are as follows:

Cafeterias for employees.

Indoor health club facilities for the exclusive use of employees.

Satellite transmitting and receiving antennas as regulated by § 45-12.4g.

Signs.

§ 45-36.3 Prohibited Uses.

[1969 Code § 75-66.3; Ord. No. 848]

The following uses are prohibited:

Warehousing.

Outdoor above ground tanks.

§ 45-36.4 Conditional Uses.

[New]

Public utilities and institutional uses.[1]

Editor's Note: See § 45-16.

§ 45-36.5 Area, Yard and Building Requirements.

[1969 Code § 75-16.4; Ord. No. 848; Ord. No. 946; Ord. No. 953]

Area, yard and building requirements shall be specified in the Schedule of Area, Yard and Building Regulations, Article V, except for the following:

Office buildings shall be permitted to be constructed to a height of 50 feet plus an additional 10 feet for mechanical and elevator rooftop structures. However, the building shall not exceed a floor area ratio of three and 0.35. The maximum floor area ratio of three and 0.35 shall be permitted only if the proposed project is designed to accommodate all required off-street parking spaces.

§ 45-37 (RESERVED)

§ 45-38 C-4 LIMITED ADULT USE OVERLAY ZONE DISTRICT.

§ 45-38.1 Permitted Uses.

[Ord. No. 2007-06 § 3]

The C-4 Overlay Zone shall permit, in addition to the uses that are permitted as principal permitted, conditional and accessory uses for the underlying zone(s) to which the C-4 Zone applies, the uses set forth as follows: Adult novelty/giftshop/bookstore and adult video store.

§ 45-38.2 Area, Yard and Building Regulations.

[Ord. No. 2007-06 § 3]

Area, yard and building regulations for the Overlay Zone uses set forth in Subsection 45-38.1 shall be in accordance with the requirements for the C-1 Commercial-Neighborhood Zone, as set forth in § 45-18.

In all cases, setbacks shall be from the property lines. However, where only a portion of a property is within the Overlay Zone and the setback would fall within the 1,000-foot buffer required by Subsection 45-38.3h, the 1,000-foot buffer limit shall serve as the setback for that portion.

§ 45-38.3 Supplemental Regulations for C-4 Uses.

[Ord. No. 2007-06 § 3]

Where only a portion of a property is within the Overlay Zone, that portion shall constitute, for the purposes of this section, a conforming building lot that can be used without subdivision or variance, provided that all other requirements as stated herein are met.

The applicant shall submit a statement identifying the manner in which the operation is to be conducted, including the following: proposed use, location of building wherein the use is to operate, square footage to be occupied, days and hours of operation, number of employees, amount of off-street parking spaces, sign details, landscaping/fencing and lighting details.

Where only a portion of a property is within the Overlay Zone, an access drive, solely for the purposes of ingress and egress to the adult use, may be located within the 1,000-foot buffer required by Subsection 45-38.3h.

Advertisements, displays or other promotional materials shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks, walkways or from other public or semipublic areas. All building openings and windows, etc. shall be located, covered or screened in such a manner as to prevent a view into the interior from any public or semipublic area.

No business described herein shall allow persons under the age of 18 years old to patronize that establishment.

One exterior sign must be provided, at no more than 10 square feet, which gives notice that the premises are off limits to minors. A second exterior sign may be provided that identifies the adult use located on site, but shall be no more than 20 square feet.

Off-street parking shall be provided in accordance with the Township of Fairfield standards for the retail use.

There shall be a minimum distance of 1,000 feet between any adult use permitted herein and any other existing adult use or any place of public worship, elementary or secondary school, school bus stop, child care center, hospital, municipal or county playground or place of public resort and recreation, or area zoned for residential use.

Every adult business in the Overlay Zone shall be surrounded by a perimeter buffer of at least 50 feet in width with plantings, fence or other physical divider at a minimum six feet in height along the outside of the perimeter sufficient to impede the view of the interior of the premises in which the business is located. Such buffer may be located within the 1,000-foot buffer required by Subsection 45-38.3h where only a portion of a property is within the Overlay Zone.

§ 45-39 L-1 LIGHT INDUSTRIAL ZONE.

§ 45-39.1 Permitted Uses.

[1969 Code § 75-67; Ord. No. 591; Ord. No. 601; Ord. No. 738; Ord. No. 779; New; Ord. No. 2016-10 § 7; Ord. No. 2017-05 § 7]

No structure, building or premises shall be used and no building shall be erected or altered, except for the following uses:

The fabrication, assembly and production of products, provided that no raw animal waste, animal matter, chemical reduction or processing, steel rolling or explosives are involved.

The packaging, warehousing and distribution of products.

Offices: general, business, professional, banks, financial and government.

Planned industrial parks.

Research and product testing laboratories.

Business schools.

Business services.

(Reserved)

[Ord. No. 2016-10 § 7]

Printing and publishing.

Churches and Houses of Worship.

Public buildings and parks.

Wholesale supply establishments.

Cannabis distributors.

[Added 6-28-2021 by Ord. No. 2021-08]

Cannabis manufacturers.

[Added 6-28-2021 by Ord. No. 2021-08]

Cannabis wholesalers.

[Added 6-28-2021 by Ord. No. 2021-08]

§ 45-39.2 Accessory Uses.

[1969 Code § 75-68; Ord. No. 591; Ord. No. 710; Ord. No. 738; Ord. No. 739; Ord. No. 779; New]

Accessory uses in the L-1 Light Industrial Zones are as follows:

Uses and buildings customary and incidental to the principal use and building.

Helistops and heliports are not permitted as a principal or accessory use in L-1 Zones.

Factory Retail Outlets. No more than 20% of the total floor area selling products primarily stored in the warehouse by the occupant.

Above ground tanks in accordance with the following regulations:

All tanks in excess of 2,000 gallons shall require site plan approval.

All setback requirements for a principal use shall apply.

No above ground tanks shall be located in any front yard.

All above ground tanks shall be buffered and screened to minimize their visual impact.

All installations shall meet Federal, State, county, and local regulations.

Cafeterias for employees.

Satellite transmitting and receiving antennas as regulated in § 45-12.4g.

Signs.

§ 45-39.3 Conditional Uses. [1]

[1969 Code § 75-69; Ord. No. 591; Ord. No. 738; Ord. No. 779; Ord. No. 848; Ord. No. 94-2 § I; New; Ord. No. 2009-03 § 15; Ord. No. 2009-09 § 3]

The following conditional uses may be permitted, provided that the conditions specified are complied with:

Conventional restaurants.

Public utilities and institutional uses.

Limousine services.

Supermarkets.

Editor's Note: See also § 45-16.1.

§ 45-39.4 Area, Yard and Building Requirements.

[1969 Code § 75-70; Ord. No. 591; Ord. No. 738; Ord. No. 848; Ord. No. 987 § 6]

Area, yard and building requirements are as specified in the Schedule of Area, Yard and Building Regulations (see Article V), except for the following:

For an industrial park development, which shall consist of a minimum of three lots, a lot may be reduced to 30,000 square feet, provided that the average lot size of all lots within the industrial park exceeds 40,000 square feet in size. In addition, the required lot frontage may be extended to 150 feet, provided that the average frontage of all lots within the industrial park is at least 200 feet.

Office buildings shall be permitted to be constructed to a height of 40 feet, plus an additional 10 feet for mechanical and elevated rooftop structures. However, the building shall not exceed a floor area ratio of 0.35. The maximum floor area ratio of 0.35 shall be permitted only if the proposed project is designed to accommodate all required off-street parking spaces.

§ 45-39.5 Other Requirements.

[1969 Code § 75-71; Ord. No. 591; Ord. No. 738; New]

Site Plan Requirements. As specified in Article IX.

Sign Regulations. As specified in Article X.

Off-Street Parking and Loading Requirements.

As specified in Article VI.

No off-street or loading areas shall be permitted in the front of the building.

No parking or loading areas shall be permitted in the front of the building.

Buffer Area Requirement. Same as specified for the H-D Zone (See Subsection 45-35.5d.).

Covenants, Cross Easements and Restrictions. Applicants for site plan approval for an industrial park shall include as part of the application, all covenants, cross easements and restrictions (CC&R) satisfactory to the Planning Board attorney, to assure that the owner shall maintain all landscaping, buffers, signs, and lighting in accordance with the approved site plan, and that all approved parking and on-site circulation shall be available to all tenants, where applicable, in perpetuity.

§ 45-40 L-2 LIGHT INDUSTRIAL ZONE.

§ 45-40.1 Permitted Uses.

[1969 Code § 75-72; Ord. No. 591; Ord. No. 738; Ord. No. 779]

No structures or premises shall be used and no building shall be erected or altered, except for the following uses: same as specified for the L-1 Zone.

§ 45-40.2 Accessory Uses.

[1969 Code § 75-13; Ord. No. 591; Ord. No. 710; Ord. No. 730; Ord. No. 739]

Accessory uses in the L-2 Light Industrial Zone are as follows: same as specified for the L-1 Zone.

Helistops and heliports are not permitted as a principal or accessory use in L-2 Zones.

Above ground tanks as regulated in the L-1 Zone.

§ 45-40.3 Conditional Uses.

[1969 Code § 75-74; Ord. No. 591; Ord. No. 738; Ord. No. 848]

Conditional uses shall be as specified in Subsection 45-39.3 for the L-1 Light Industrial Zone.

§ 45-40.4 Area, Yard and Building Requirements.

[1969 Code § 75-75; Ord. No. 591; Ord. No. 738; Ord. No. 987 § 7]

Area, yard and building requirements shall be as specified in the Schedule of Area, Yard and Building Regulations (Article V) except for the following:

Office buildings shall be permitted to be constructed to a height of 40 feet, plus an additional 10 feet for mechanical and elevator rooftop structures. However, the building shall not exceed a floor area ratio of 0.35. The maximum floor area ratio of 0.35 shall be permitted only if the proposed project is designed to accommodate all required off-street parking spaces.

§ 45-40.5 Other Requirements.

[1969 Code § 75-76; Ord. No. 591; Ord. No. 738]

Other requirements are as specified for the L-1 Zone.

§ 45-41 L-3 LIGHT INDUSTRIAL ZONE.

§ 45-41.1 Permitted Uses.

[1969 Code § 75-82; Ord. No. 591; Ord. No. 738; Ord. No. 779; Ord. No. 848; New; Ord. No. 2009-26 § 4]

In addition to those uses permitted in the L-1 Zone, the following uses shall be permitted: helistops, heliports and airports.

§ 45-41.2 Accessory Uses.

[1969 Code § 75-83; Ord. No. 591; Ord. No. 710; Ord. No. 738; Ord. No. 739; Ord. No. 779; Ord. No. 848; Ord. No. 92-42; New; Ord. No. 2009-26 § 4]

Accessory uses in the L-3 Light Industrial Zone are the same as L-1 Zone except as follows:

Full-service restaurants located in multistoried office buildings.

Indoor storage for aircraft and related materials and operations.

Outdoor storage facilities for aircraft.

Other customary accessory uses and buildings which are clearly incidental to the principal uses and buildings permitted in this zone.

§ 45-41.3 Conditional Uses. [1]

[New; Ord. No. 2009-26 § 4]

Conditional uses shall be as specified for the L-1 Zone.

Editor's Note: Former Subsection 45-41.3, Prohibited Uses, previously codified herein and containing portions of Ordinance No. 92-42, was repealed in its entirety by Ordinance No. 2009-26 § 4)

§ 45-41.4 Area, Yard and Building Requirements.

[1969 Code § 75-84; Ord. No. 591; Ord. No. 738; Ord. No. 848; Ord. No. 987 § 8; Ord. No. 2009-26 § 4]

Area, yard and building requirements are as specified in Article V except for the following:

For an industrial park development, which shall consist of a minimum of three lots, the lot size may be reduced to 1.5 acres, provided that the average lot size of all lots within the industrial park equals or is greater than three acres. In addition, the required lot frontage may be reduced to 200 feet, provided that the average frontage of all lots within the industrial park is at least 250 feet in length.

For that portion of the L-3 Light Industrial Zone which is bordered by Passaic Avenue on the east and extends westerly as far as Runway I-22 (running in a northeast to southwest direction), a maximum building height of 50 feet plus a maximum of 10 additional feet for mechanical and elevator rooftop structures shall be permitted, provided that adequate space is available to accommodate all parking spaces in accordance with Subsection 45-19.2 and further provided that access to the development is limited to Passaic Avenue and that a floor area ratio of 0.35 shall not be exceeded.

§ 45-41.5 Other Requirements.

[1969 Code § 75-85; Ord. No. 591; Ord. No. 738; Ord. No. 2009-26 § 4]

Other requirements are as specified for the L-1 Zone, § 45-39 of this chapter.

§ 45-42 ASO AIRPORT SAFETY OVERLAY ZONE DISTRICT.

§ 45-42.1 Purpose.

[Ord. No. 2009-26 § 5; Ord. No. 2017-11]

The Essex County Airport is within the Port Authority of New York and New Jersey District and, as a result, the immediately adjacent lands are not protected by any mandatory airport safety regulations. Therefore, the purpose of the Airport Safety Overlay Zone is to provide, in the interest of public safety, minimum standards for the control of vertical development on the lands adjacent to the Essex County Airport so as to minimize aeronautical hazards. The standards adopted in this section are in conformance with the vertical development limitations established by the Air Safety and Zoning Act of 1983 6:1-80 et seq. and N.J.A.C. 16:62-1.1 et seq.

§ 45-42.2 Delineation of Overlay Zone Boundaries.

The Airport Safety Overlay Zone shall consist of three subzones, including a Runway Subzone, Runway End Subzone, and Clear Zone, as delineated on the accompanying maps.

The boundaries of the Airport Safety Overlay Zone and Subzones shall be interpreted and applied in accordance with N.J.A.C. 16:62 et seq.

[Ord. No. 2009-26 § 5]

§ 45-42.3 Permitted Uses.

[Ord. No. 2009-26 § 5; Ord. No. 2017-11]

Permitted uses authorized in the Airport Safety Overlay Zone are the same as authorized in each respective underlying zone, subject to the vertical height limitations imposed in this section.

§ 45-42.4 Prohibited Uses.

[Ord. No. 2009-26 § 5; Ord. No. 2017-11]

All uses not specifically authorized in each respective underlying zone are prohibited.

§ 45-42.5 Vertical Development (Height) Standards for Permitted Uses.

[Ord. No. 2009-26 § 5; Ord. No. 2017-11]

Pursuant to N.J.A.C. 16:62-1.1 et seq., the following vertical (height) limits are established as maximum height limits for any vertical development, including any structure, road or tree or other object of natural growth, in the Airport Safety Overlay Zone, except where other sections of this chapter shall establish lesser height restrictions.

For purposes of this section, interstate highways shall be considered a seventeen-foot vertical development, other public roads shall be considered a fifteen-foot vertical development, private roads shall be considered a ten-foot vertical development, and railroads shall be considered a twenty-three-foot vertical development.

Vertical development standards are height standards measured in respect to elevations whose datum is the horizontal plane established by runway elevations. For example, if a point in an Airport Safety Overlay Zone permits at a specific point development up to "X" feet, that means "X" feet above the runway horizontal plane and not "X" feet above the natural grade of the land at that point in the Airport Safety Overlay Zone. This provision is further graphically depicted in Figure 1.[1]

Editor's Note: The figures referred to herein may be found on file in the office of the Township Clerk, attached to Ordinance No. 2009-26.

Runway Subzone.

The vertical standards within the Runway Subzone of the Airport Safety Overlay Zone are determined first by establishing the elevations at the runway centerlines at the ends of the Runway Subzone. From those elevations at the Runway Subzone ends, a line is run 90° outward from each side of the runway centerline for a distance of 125 feet. Within the area defined by these four points, no development is allowed above the natural grade of the soil except for runway and flight safety equipment.

[Ord. No. 2017-11]

The vertical standards within the remainder of the Runway Subzone are determined by establishing planes from the edges of the longitudinal zero-foot development restriction line established in Subsection c1 above, which slope upward and outward at a rate of seven feet horizontally to one foot vertically. This upward plane ceases when it reaches the outer longitudinal borders of the Runway Subzone at the elevation of 150 feet above its starting point at the longitudinal zero-foot development line.

The methodology used to establish the vertical standards within the Runway Subzone of an Airport Safety Overlay Zone is further graphically depicted in Figure 2.[2]

[2]

Editor's Note: The figures referred to herein may be found on file in the office of the Township Clerk, attached to Ordinance No. 2009-26.

Runway End Subzone.

The vertical standards within the Runway End Subzone of the Airport Safety Overlay Zone are determined first by establishing a plane with a rising slope of one foot upward to 20 feet outward from the end of the Runway Subzone to the outermost end of the Runway End Subzone. This plane is bisected by the extended runway centerline and is 250 feet in total width at its innermost dimension and widens uniformly along its 3,000 feet of length so as to have a total width of 850 feet at its outermost dimension where it intersects with the outermost portion of the Runway End Subzone at the elevation of 150 feet above its starting point at the zero-foot development line.

[Ord. No. 2017-11]

The vertical standards within the remainder of the Runway End Subzone are determined by establishing sloping planes from the outermost longitudinal edges of the plane established in Subsection d1 above. These planes rise upward at a rate of one foot upward to seven feet outward from the plane established in Subsection d1 above to where they meet the outermost longitudinal boundaries of the Runway End Subzone at the elevation of 150 feet.

The methodology used to establish the vertical standards within the Runway End Subzone of an Airport Safety Overlay Zone is further graphically depicted in Figure 3.[3]

[3]

Editor's Note: The figures referred to herein may be found on file in the office of the Township Clerk, attached to Ordinance No. 2009-26.

§ 45-42.6 Additional Requirements.

[Ord. No. 2009-26 § 5; Ord. No. 2017-11]

No person shall build, rebuild, create or cause to be built, rebuilt or created any object or structure, or plant, or cause to be planted or permit to grow any tree or vegetation, which will interfere with, diminish, change or obstruct the airspace or landing and take off area available for the landing and take off of aircraft at public use airports, except that this section shall not require the removal of or lowering of, or other change or alteration of any structure or tree not conforming to the rules when this section was adopted, or otherwise interfere with the continuance of any nonconforming use.

A preexisting structure or land use which is located within a Clear Zone and not in conformance with this section shall be classified as nonconforming.

(Reserved) (Reserved by Ord. No. 2017-11)

§ 45-42.7 (Reserved) [1]