[Ord. No. OR:09/01 § 28-401; amended Ord. No. OR:10/04 §§ 1, 2; Ord. No. OR:12/03; Ord. No. 2018-17 § 3; Ord. No. 2018-18; Ord. No. 2018-19; Ord. No. 19/04; Ord. No. 19/11; 5-18-2023 by Ord. No. 23/05; 12-5-2024 by Ord. No. 24/17]
The following zoning provisions shall apply in all instances; inconsistencies or conflicting interpretations shall be resolved in accord with the provisions of this chapter.
A.
Floodplain Development Restrictions. No structure or use shall be moved, added to, enlarged and/or established, nor shall any fill be placed nor shall the elevation of any land be substantially changed, in the floodplain hazard area except in accordance with the Floodplain-Flood Hazard Ordinance[1] of the Borough of Watchung or other applicable statute or regulation.
B.
Accessory Buildings and Structures.
1.
Regulations Applicable in all Zoning Districts.
a.
Except as otherwise permitted in this chapter, an accessory building attached to a principal building shall comply in all respects with the requirements of this chapter applicable to the principal building and shall be deemed a part thereof.
b.
The minimum requirements specified in this chapter for accessory structures shall not apply to air conditioners, underground sprinkler systems or similar appurtenances.
c.
Any accessory building located outside of the principal building envelope shall not exceed twelve (12) feet in height, nor shall it exceed four hundred (400) square feet in area.
d.
Any accessory structure located within the principal building envelope shall not exceed the building height of the principal building.
e.
The construction of a permitted accessory building or accessory structure, other than the construction of permitted construction trailers, storage sheds, or accessory buildings for farms, shall not proceed faster nor be completed before than the construction of the principal building on the same lot.
f.
No detached accessory structure or building shall be located in the front yard area for the principal building, or within that area between the front lot line and the front yard setback line.
g.
All accessory buildings and accessory structures on a corner lot shall be set back from all street lines as required by this chapter for the principal building on the lot.
h.
Whenever any accessory building is located nearer to the rear or side lot lines than that which would be permitted for the principal building or structure, said accessory building shall be screened from view from the adjoining properties and/or street by plantings.
i.
Whenever any residential driveway or residential parking area is permitted by variance to be located nearer to the rear or side lot lines than that which would be permitted for the principal building or structure, said residential driveway or parking area shall be screened from view from the adjoining properties by plantings.
j.
In connection with a subdivision or site plan and as may be approved by the Board, temporary construction trailers and one (1) sign not exceeding thirty-two (32) square feet, advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction beginning with the issuance of a construction permit and concluding with the issuance of a certificate of occupancy or one (1) year, whichever is less, provided said trailer(s) and sign are on the site where the construction is taking place, are not on any existing or proposed street or easement, and are set back at least thirty (30) feet from all street lines and lot lines. Additional signs subject to the same dimensions may be erected as permitted by the Board having jurisdiction upon review of an application.
2.
Accessory Structures — Special Provisions in the R-R, R-A, and R-B Single-Family Residential Districts.
a.
There shall be no minimum separation requirement between a swimming pool and a single-family detached dwelling unit.
b.
Any accessory building or structure that is attached to the principal building or structure by any means other than an unenclosed structure shall be deemed part of the principal building or structure and shall comply in all respects with the requirements of this chapter applicable to the principal building or structure.
c.
Any accessory building or structure that is connected to the principal building or structure solely by an unenclosed structure shall be considered detached for the purposes of this chapter and subject to the requirements for accessory structures.
3.
Accessory Structure Restrictions Pertaining to Parking Areas, Driveways and Stormwater Detention Facilities. Any parking area, driveway or stormwater detention facility serving a use shall be deemed to be an accessory structure, and no said parking area, driveway or stormwater detention facility that is accessory to a business or industrial use shall hereafter be established in any residential district. Notwithstanding the provisions of this chapter governing permitted uses and/or permitted accessory uses, driveway(s) and stormwater detention facilities serving a development containing low- and moderate-income housing units may be provided on a lot in a different zone adjoining R-M-L VI Zoning District subject to approval by the Board having jurisdiction and further provided that the area of any such lot designated for such use and adjoining the R-M-L VI Zoning District will not be included in the land area calculation for density purposes.
4.
Residential Driveway Entrances. No person shall construct or alter any portion of a driveway entrance within the limits of any municipal or private street within the Borough, without first obtaining a street and right-of-way opening permit issued by the office of the Borough Engineer, whose duty it shall be to grant such permit only when all the requirements and specifications of this chapter have been fulfilled. For driveway entrances constructed within County or State roadway rights-of-way, permits must be obtained from the County or State as appropriate and filed with the office of the Borough Engineer.
C.
Professional Resident Home Offices. Where permitted, professional resident home offices as defined in this chapter, shall be an accessory use provided that no more than twenty-five percent (25%) of the total floor area, not to exceed nine hundred (900) square feet, is used for said purpose.
D.
Height Limits.
1.
The height of a building shall be measured as stipulated in the definition of building height in § 28-203.
2.
Chimneys on a residential dwelling unit are not bound by the height restrictions of this chapter.
3.
Silos and barns on farms are not bound by the height restrictions of this chapter.
4.
Noncommercial radio and television antennas are not bound by the height restrictions of this chapter provided: such features do not exceed in total coverage fifteen percent (15%) of the total roof area; provided that the height is not increased by more than fifteen percent (15%) than the maximum height otherwise permitted and provided further that no antenna shall exceed fifty (50) feet in height.
5.
On a nonresidential principal building, the following may be erected above the maximum height specified in this chapter for the subject building provided: such features do not exceed in total coverage fifteen percent (15%) of the total roof area; that the height is not increased by more than fifteen percent (15%) than the maximum height otherwise permitted; and provided further that no said appurtenance shall exceed fifty (50) feet.
a.
Penthouses or other roof structures for the housing of stairways, tanks, bulkheads ventilating fans, air conditioning equipment and similar equipment required to operate and maintain the building.
b.
Skylights, spires, cupolas, flagpoles, chimneys and similar structures associated with the building.
c.
The parapets used to screen the roof-mounted structures and equipment.
E.
Open Space in Relation to Yard Requirements. No open space provided around any principal building for the purpose of complying with the required front, side or rear setback requirements of this chapter shall be considered as providing the setback requirements for any other principal building. Moreover, no yard or other open space on a lot shall be considered as providing a required setback or other open space on another lot or for any other building.
F.
One Principal Structure per Single-Family Residential Lot. All lots in the R-R, R-A, R-B, R-M-L II, R-M-L III, and R-M-L IV Residential Districts shall have no more than one (1) principal structure erected upon them.
G.
Maximum Lot Coverage on Steep Slopes.
1.
The maximum lot coverage (i.e., the coverage of impervious surfaces) permitted on steep slopes on existing and newly created lots shall be based on the percentage of slope as follows:
Slope Category | Maximum Permitted Lot Coverage on Slope Area |
|---|---|
1 (Slopes zero to less than or equal to 10%) | As permitted in the zone |
2 (Slopes greater than 10% but less than or equal to 20%) | 83% of that permitted in the zone |
3 (Slopes greater than 20% but less than or equal to 30%) | 63% of that permitted in the zone |
4 (Slopes greater than 30%) | 50% of that permitted in the zone |
2.
The maximum total permitted lot coverage for lots containing one (1) or more categories of steep slopes shall be computed as follows:
That part of the lot area containing slope category 4 slope x 50% x (maximum permitted lot coverage in the zone)
+ that part of the lot area containing slope category 3 slope x 63% x (maximum permitted lot coverage in the zone)
+ that part of the lot area containing slope category 2 slope x 83% x (maximum permitted lot coverage in the zone)
+ that part of the lot area containing slope category 1 slope x 100% x (maximum permitted lot coverage in the zone) = Total permitted lot coverage allowed on a lot.
H.
Density Computations for Lots with Steep Slopes. Minimum lot sizes for newly created lots shall be increased and density of development shall be decreased in areas containing slopes greater than ten percent (10%), except that no lot need be larger than five (5) acres.
1.
The modification shall be determined by multiplying the total land area in various slope categories by the following factors:
Slope Category | Factor |
|---|---|
4 (Slopes greater than 30%) | 0.0 |
3 (Slopes greater than 20% but less than or equal to 30%) | 0.5 |
2 (Slopes greater than 10% but less than or equal to 20%) | 0.67 |
1 (Slopes zero to less than or equal to 10%) | 1.0 |
2.
The maximum number of dwelling units allowed on any tract shall be computed as follows:
Area of land with category 4 slopes x 0
+ Area of land with category 3 slopes x 0.5
+ Area of land with category 2 slopes x 0.67
+ Area of land with category 1 slopes x 1.0
= Total Land Available for Development (TLD)
TLD | ||
____________________ | = | Total number of dwelling units on tract |
Minimum Lot Area required/d.u. |
I.
Parking of Commercial, Inoperable or Unregistered Vehicles in Single-Family Residential Zones. The following restrictions shall apply to the parking of commercial, inoperable or unregistered vehicles in the R-R, R-A, R-B, R-M-L I, R-M-L II, R-M-L III and R-M-L IV Residential Zoning Districts:
1.
Parking of Commercial Vehicles. Not more than one (1) commercial vehicle of a rated capacity not exceeding one and one-half (1 1/2) tons with two (2) axles not exceeding a front and rear axle, owned or used by a resident of the premises, shall be permitted to be regularly parked or garaged on any residential lot, provided that said vehicle is kept in a private garage and shall not be permitted to be regularly parked or stored on or in the vicinity of any such premises in the open air. No commercial vehicle of a rated capacity of more than one and one-half (1 1/2) tons, whether owned or used by the resident of the premises or not, shall be regularly parked, stored or garaged on any premises in a residence zone district. For purposes of this chapter, a commercial vehicle is a bus and/or vehicle containing advertising matter intending to promote the interest of any business, whether or not said vehicle is registered as a "commercial" vehicle in the State of New Jersey or elsewhere, except that this provision shall not be deemed to limit the number of commercial trucks or cars used on a farm or construction equipment which is used on the site for construction purposes.
2.
(Reserved)
3.
Parking of Inoperable or Unregistered Vehicles. No motor vehicle which is incapable of being operated or which lacks proper motor vehicle registration plates affixed to such vehicle or which is not currently registered in the State of New Jersey or elsewhere shall be kept, stored, parked or maintained on a lot in any such zone other than in a garage or other building on the premises.
J.
Maximum Percent of Lot Coverage. No lot shall exceed the permitted percent of coverage by impervious surfaces as defined and specified in this chapter.
K.
Subdivision of Lots. When a lot is to be subdivided from a lot which already is occupied by an existing building, any subdivision of the lot shall not lessen any of the requirements of this chapter pertaining to the existing building.
L.
Outdoor Display. Business structures or uses shall not display goods for sale purposes outside of the structures or area in which such activity is carried on without having obtained a special permit from the Board of Adjustment to display such goods. The Board of Adjustment shall not issue such a permit unless it is established by the applicant that the property upon which such display is to be placed is not in a public easement and until a determination by the Board of Adjustment that the display does not create a hazard for motor vehicle traffic or pedestrians, that it does not substantially affect the value of adjoining properties and that it is not injurious to the health and welfare of the general public.
M.
Intersection Visibility. At the intersection of two (2) or more streets, no hedge, fence or wall higher than two and one-half (2 1/2) feet above curb level, nor any obstruction to vision between the height of two and one-half (2 1/2) feet to seven (7) feet above the curb level, other than a post, tree or utility pole, shall be permitted with the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are twenty-five (25) feet distant from the point of intersection measured along said street line.
N.
Christmas Tree Sales. The annual sale of Christmas trees is permitted in the B-A Neighborhood Commercial, the B-C Highway Commercial and the H-D Highway Development Zoning Districts between the last Saturday in November and December 25, inclusive, provided that all trees shall be removed and the premises cleared no later than January 1.
O.
Poultry and Livestock Shelters. No animal poultry or livestock shelter, whether permanent or temporary, shall be located closer than fifty (50) feet to any property line or to any dwelling unit on the same lot.
P.
Public Election Voting Places. The temporary use of any property as a voting place in connection with a municipal or other public election is permitted throughout the Borough.
Q.
Public Utilities.
1.
Lines. Public utility lines for the transportation, distribution or control of water, electricity, gas, oil, steam, cable television and telephone or telegraph communications are permitted throughout the Borough and need not necessarily be located on a lot.
2.
Transformer and Junction Boxes. Public utility transformer and junction boxes are permitted throughout the Borough and need not necessarily be located on a lot, provided they are adequately screened with landscaping, fencing or a combination of the two (2) and do not exceed three (3) feet in height.
R.
Survey Plan for Foundations. A location survey plan drawn by a licensed land surveyor or civil engineer shall be furnished to the Construction Official no later than the time of completion of the foundation on any structure being erected as proof that the location of such structure conforms to the requirements of this chapter.
S.
Community Residences and Community Shelters, Family Day Care Homes and Child Care Centers.
1.
Community residences for the developmentally disabled, the terminally ill, or persons with head injuries and community shelters for victims of domestic violence, as such terms are defined in the MLUL, shall be a permitted use in any residential zoning district and shall be subject to the same standards and restrictions for single-family dwelling units located within the same district, provided that such residence or shelter houses no more than fifteen (15) persons excluding resident staff, in accordance with the provisions of N.J.S.A. 40:55D-66.1 and 66.2.
2.
Family day care homes and child care centers, as such terms are defined in the MLUL, shall be permitted in the Borough in accordance with the requirements of the MLUL.
T.
Applicability to Municipal Development and Parks and Open Space Uses.
U.
Performance Standards for all Uses. All use of land in the Borough shall comply with the following performance standards. These provisions shall not apply to any sewage treatment plant that has received approval by the Department of Environmental Protection.
1.
Electrical and/or Electronic Devices. All electric or electronic devices shall be subject to the standards, rules and regulations promulgated by the appropriate State and/or Federal agency.
2.
Glare. No use shall produce a strong, dazzling light or reflection of a strong, dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining units, adjoining zoning districts or streets. Unless required by law, no lighting shall be a rotating, pulsating or with other intermittent frequency.
3.
Heat. No use shall produce heat perceptible beyond its lot lines. Further, no use shall be permitted which could cause the temperature to rise or fall in any body of water, except that this provision shall not apply to any sewerage treatment plant that has received approval by the Department of Environmental Protection.
4.
Noise. Noise levels shall not exceed the standards set forth in the General Code of the Borough of Watchung nor those standards established by the Department of Environmental Protection as they may be adopted and amended.
5.
Odor. Odors due to nonagricultural and nonresidential uses shall not be discernible at the lot line or beyond.
6.
Storage and Waste Disposal. No provision shall be made for the depositing of materials or waste upon a lot where they may be transferred off the lot by natural causes or forces or where they can contaminate an underground aquifer or otherwise render such underground aquifer undesirable as a source of water supply or recreation, or where they will destroy aquatic life. Provision shall be made for all material or waste which might cause fumes or dust, which might constitute a fire hazard or which might be edible or otherwise attractive to rodents and insects to be enclosed in appropriate containers in order to eliminate such potential hazards. With respect to solid waste, each property owner shall:
a.
Assume full responsibility for adequate and regular collection and removal of all refuse, except to the extent such services are provided by the Borough, in which case the property owner shall assume full responsibility for compliance with all regulations governing the provision of those services.
b.
Comply with all applicable regulations of the Department of Environmental Protection.
c.
Permit no accumulation on the property of any solid waste, junk or refuse.
d.
Comply with all provisions of the State Sanitary Code, Chapter VIII, Refuse, Disposal, Public Health Council of the NJ Department of Health.
e.
Provide adequate, covered solid waste containers, except where provided by the Borough, which are not to be stored within the public view and which are to be secured from vandalism. Compactor units shall afford completely sealed operation and shall be provided efficient vehicular access by collection vehicles.
7.
Ventilation. No use shall obstruct the natural ventilation of adjacent uses nor contaminate the air with excessive heat or odor. Further, no air conditioners or exhaust fans shall be permitted to discharge exhausted air unless they comply with the minimum building setback requirements of this chapter and are equipped with baffles to deflect the discharged air away from the adjacent use.
8.
Vibration. There shall be no vibration that is discernible to the human senses of feeling beyond the immediate lot line or beyond, except for quarry operations which shall be subject to N.J.S.A. 21:1A-139.
9.
Dust. Dust due to nonagricultural and non-quarry operations shall not be permitted to escape beyond the immediate lot.
10.
Radiation. No use shall produce levels of radiation in excess of the level established by the Radiation Protection Act, L. 1958, c. 116 (N.J.S.A. 26:2D-l et seq.) and any standards promulgated pursuant thereto by the New Jersey Department of Environmental Protection.
11.
Air, Water, and Environmental Pollution. No use shall emit any pollutant into the ground, water or air that exceeds the most stringent applicable Federal, State or local statute, regulation and ordinance.
12.
Nuisance. No use shall produce any nuisance, any identifiable source of injury or sickness, foul or noxious waters, gases or vapors that may be hazardous or injurious to the public health, safety and welfare.
V.
Flag Lots in the R-R, R-A and R-B Districts. As a result of the Borough's concern with the impact of flag lots upon adjacent properties and upon the neighborhoods in which they are located, it is the intent of this section to prevent the creation of new flag lots, except within the R-R, R-A and R-B Districts and only if all of the following conditions are satisfied:
1.
All flag lots shall have a lot area of at least three (3) acres.
2.
Required setbacks for flag lots, whether front, side or rear, shall be fifty (50) feet.
3.
The access strip or "pole" shall constitute that portion of a flag lot which connects the main or "flag" portion of the lot to the street and which is lesser in width than the minimum required lot frontage of the zone. The access strip or "pole" portion of each flag lot shall be at least twenty-six (26) feet in width and shall be excluded from the calculation of minimum lot area. All impervious surface in the access strip or "pole" shall be counted towards the total permitted lot coverage of the lot.
4.
Residential driveways located within the access strip or "pole" portion of a flag lot shall be set back no less than seven (7) feet from lot lines, except that where the driveway exceeds twelve (12) feet in width, the setback shall increase one-half (0.5) foot on each side for each one (1) foot that the driveway exceeds twelve (12) feet in width. Upon entering the main portion of a flag lot, the setback of a residential driveway shall be increased such that the residential driveway complies with the setback requirement of § 28-401W2b(1) within the principal building envelope starting at the required front yard setback.
5.
The "flag" portion of any flag lot shall contain a principal building envelope that is at least fifty (50) feet in every direction.
6.
All non-flag lots that are part of a subdivision containing a flag lot shall comply fully with all applicable area, dimensional and setback standards.
7.
The total number of flag lots in any subdivision containing one (1) or more flag lots shall not exceed the number of lots that could have been permitted without variance, in the judgment of the Board having jurisdiction, if no flag lots were involved.
8.
Prior to the creation of any flag lot, the Board having jurisdiction shall first determine that: (a) it will serve to reduce potential disturbance to the natural environment in comparison to a compliant subdivision without a flag lot; and (b) it will result in the placement of the potential new home(s) in an appropriate relationship to neighboring homes and other uses on surrounding properties.
W.
Residential Driveway and Parking Area Requirements.
1.
General Provisions. The residential driveway and parking area requirements of this § 28-401W shall apply to and govern all present and future single-family residential uses including all grandfathered nonconforming uses and uses approved by variance.
2.
Construction and Location of Driveway Entrances and Residential Driveways.
a.
General Regulations (May be waived in accordance with § 28-401W5).
(1)
Driveway entrance(s), for properties fronting on County and Borough streets, shall access only the Borough street.
(2)
Driveway entrances for properties fronting on two (2) Borough streets shall access the lower order Borough street.
(3)
Driveway entrances shall not be located where visibility is limited due to horizontal and vertical curves, topography and other features which restrict adequate sight distance.
(4)
Only one (1) driveway entrance to the street is permitted for residential lots with less than one hundred fifty (150) feet of lot frontage.
(5)
No more than two (2) driveway entrances are permitted for residential lots with a lot frontage of one hundred fifty (150) feet and greater.
(6)
Multiple residential driveway entrances on any individual lot shall be separated a minimum of fifty (50) feet as measured along the street line from the edge of driveway to edge of driveway.
(7)
The edge of pavement for a residential driveway shall be located no closer than fifty (50) feet to the intersection of the street lines for the two (2) streets.
(8)
Driveway entrance construction shall conform to the existing street grade or to the proposed final street grades for subdivisions and site plans. All existing curb cuts not utilized for driveway purposes shall be removed and replaced with full height curbing.
(9)
Provision shall be made for adequate street drainage across the driveway entrance. Drainage culverts if required shall be constructed of reinforced concrete and shall be a minimum of fifteen (15) inches in diameter. Such culvert shall be installed at a sufficient depth to permit the unrestricted flow of stormwater.
(10)
No portion of a driveway entrance shall be closer than three (3) feet to any structure, public utility pole or fire hydrant.
(11)
Residential driveways shall have a minimum width of twelve (12) feet and a maximum width of twenty-four (24) feet.
(12)
Residential driveways shall be constructed of asphalt pavement, concrete paving, block or gravel. Curbing with granite block or other materials is optional.
(13)
A street and right-of-way opening permit pursuant to Chapter 17 of the Code of the Borough of Watchung, shall be required for the construction or alteration of any portion of a driveway entrance within the right-of-way of any public or private street. Application for such permit shall be made to the office of the Borough Engineer. For driveway entrances constructed within County or State roadway rights-of-way, permits must be obtained from the County or State as appropriate and filed with the office of the Borough Engineer prior to construction.
b.
Specific Requirements (Variance required for noncompliance).
(1)
Residential driveways shall be located in compliance with the principal building side yard and rear yard minimum setback requirements, except for shared driveways.
(2)
Shared driveways are not permitted except as approved as a variance by the Board having jurisdiction over the application. Private access cross easements are required to be recorded.
(3)
All residential driveway entrances for a minimum of twenty (20) feet in length from the cartway, shall be surfaced prior to the issuance of a temporary or final certificate of occupancy.
(4)
Grades of residential driveway entrance shall not exceed a maximum of six percent (6%).
(5)
Grades of residential driveway shall not exceed a maximum of six percent (6%) within twenty-five (25) feet of the street line and shall not exceed a maximum of twelve percent (12%) elsewhere.
3.
Construction and Location of Residential Parking Areas.
a.
General Regulations (May be waived in accordance with § 28-401W5).
(1)
The minimum number of parking spaces to be provided for any residential use shall be determined in compliance with RSIS. In determining the number of parking spaces to be provided, parking spaces on residential driveways shall not be counted, except that an area in front of each garage may be counted as one (1) parking space provided the driveway area provides a minimum of one hundred fifty (150) square feet in area and provides a minimum of eighteen (18) feet in length between the face of the garage door and the street right-of-way line.
(2)
Driveways and/or residential parking areas shall allow for vehicles to turn around on site.
(3)
Residential driveway turnaround areas located within the front yard shall not exceed twenty-four (24) feet in any direction.
(4)
Residential parking areas shall be constructed of asphalt pavement, concrete, paving block or gravel. Curbing with granite block or other materials is optional.
b.
Specific Requirements (Variance required for noncompliance).
(1)
Residential parking areas shall be located in compliance with the principal building "one (1) side" yard and rear yard minimum setback requirements.
(2)
Residential parking area and designated driveway parking space grades shall not exceed four percent (4%).
(3)
No residential parking area, except for residential driveway turnaround areas, shall be permitted in the front yard in any residential district (i.e., from the front of the house to the street line).
(4)
Residential parking areas that provide for an excess of six (6) residential parking spaces shall be buffered from any adjacent residential use with a continuous landscaped area at least four (4) feet in height.
4.
Residential Driveway And Parking Area Lighting General Regulations.
a.
All freestanding lighting for driveways and off-street parking areas shall be incandescent type lighting and shall be so shielded (i.e., concealed source non-glare lighting), arranged and focused so as to reflect the light downward and away from adjoining streets and adjoining residential properties.
b.
Lighting shall be provided by fixtures with a mounting height of not more than eight (8) feet at the street entrance and not more than two (2) feet along the driveway measured from the ground level to the top of the light fixture.
5.
Waiver. The provisions set forth within this § 28-401W are designed as minimum requirements for the safety and welfare of the general public. However, if an applicant can demonstrate that, with reference to the application, that strict enforcement of §§ 28-401W2a and 28-401W3a will exact an undue hardship, the Zoning Officer, upon a written finding that the waiver will not constitute a threat to the safety and welfare of the general public, may permit such waiver or waivers as may be reasonable and within said general purposes.
X.
Statewide Site Improvement Standards Act. To the extent required by law, the provisions of this chapter shall be superseded by the Residential Site Improvement Standards (RSIS).
Y.
Frontage Modifications. The minimum required lot frontage shall be the same as the minimum required lot width, except where a lesser frontage is permitted by this chapter (e.g., in the R-R District) and except where the lot frontage in its entirety is a curve with an outside radius of less than five hundred (500) feet, the minimum required frontage shall not be less than seventy-five percent (75%) of the required minimum lot width.
Z.
Temporary Accessory Structures.[2]
[Added 12-5-2024 by Ord. No. 24/17]
1.
Scope. Temporary accessory structures shall be subject to the regulations of this Section 28-401F, except where expressly regulated, otherwise, by this chapter.
2.
Permit Required. No temporary accessory structure shall be erected prior to the issuance of a Zoning Permit. Applications for a permit for a temporary accessory structure shall be administered by the Borough Zoning Department.
a.
Permit applications shall be made to the Borough Zoning Officer, on the forms established by the Borough Zoning Department, and shall include any and all information, documentation, surveys and/or plans as deemed necessary and required by the Zoning Department.
3.
Standards/Regulations for Temporary Accessory Structures.
a.
Temporary accessory structures are only allowed in residential zone districts where the use of the structure is permitted as an accessory use.
b.
A temporary accessory structures shall not exceed two hundred and forty (240) square feet in area (not including roof overhangs), and no roof overhangs shall exceed twelve (12") inches. The total square footage of all temporary storage structures on a lot shall not exceed four hundred (400) square feet.
c.
Temporary accessory structures shall not exceed ten (10') feet in height.
d.
Temporary accessory structures shall be set back a minimum distance of fifty (50') feet from the front lot line, and behind the front line of the principal structure; a minimum distance of five (5') feet from a side and rear lot lines; and shall comply with all other accessory building setbacks as specified in this chapter.
e.
Temporary accessory structures shall be adequately screened from adjacent properties and from the public right-of-way. Screening is to be provided to the extent necessary to safeguard the character of the residential zone district. Screening may consist of landscaping and/or hardscaping as may be appropriate for the particular site. All screening shall be maintained in good condition at all times when the temporary accessory structure is in place.
f.
No temporary accessory structure shall be erected for a period of longer than one hundred and eighty (180) days. The same or similar temporary accessory structure is not permitted on a property more than once in a two (2) year period.
g.
No more than two (2) temporary accessory structures shall be erected on a single lot.
h.
No temporary accessory structure shall be used or occupied as a dwelling except for tents utilized for temporary camping purposes.
i.
All temporary structures shall conform to the structural strength, fire safety, and means of egress, accessibility, light and ventilation, as established in all applicable building and fire codes to ensure the public health, safety and general welfare.
4.
Items Prohibited as a Temporary Accessory Structures: The following are prohibited as a temporary accessory structure:
5.
Portable On-Demand Storage Structures.
a.
Portable on-demand storage structures are permitted in all residential zone districts without the need for a zoning permit for a temporary accessory structure, subject to compliance with the standards of this Section 28-401Z5.
b.
Standards/Regulations of Portable On-Demand Storage Structures.
1.
A portable on-demand storage structure cannot exceed the size of eight (8') feet by sixteen (16) feet by eight (8') feet high.
2.
All portable on-demand storage structures shall be placed on driveways adjacent to the principle structure on the property. If there are no driveways on the property, the portable on-demand storage structure shall be located as close to the principle structure as possible without creating a safety hazard, such as blocking means of egress or violating any fire codes; and shall be an exception from the regulations set forth in Section 14-14.7 and 14-14.8.
3.
A portable on-demand storage structure cannot be located on a property for longer than thirty (30) days, from time of delivery to time of removal. If a longer time is needed, then a temporary accessory structure zoning permit is required pursuant to Section 28-401Z2, and shall be subject to the standards and regulations of Section 28-401Z3.
4.
No portable on-demand storage structure shall contain flammable, combustible, toxic or hazardous materials.
[2]
Editor's Note: Former Subsection Z, regarding the affordable housing growth share, was repealed 5-16-2019 by Ord. No. 19/11.
AA.
Low and Moderate Income Accessory Apartments.
[Ord. No. 2018-17 § 3]
1.
Purpose. The purpose of this subsection is to address a portion of the Borough's Third Round affordable housing obligation consistent with the Order on Fairness and Preliminary Compliance Hearing and provides a realistic opportunity for the development of affordable housing units that will satisfy the Borough's affordable housing obligation under the New Jersey Supreme Court's Mount Laurel decisions.
2.
Requirements. Accessory apartments, as that term is described herein and meeting the requirements of this Subsection 28-401AA, shall be permitted in association with existing single-family residences as a permitted accessory use in all districts provided the following requirements are satisfied:
a.
The accessory apartment shall be a self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters, and a private entrance, which is created within an existing single-family home, or through the conversion of an existing attached accessory structure on the same site, or by an addition to an existing single-family home or accessory building on the same site.
b.
The property on which the accessory apartment is proposed abuts and has direct driveway access to a County of Somerset road or a United States highway.
c.
The property on which the accessory apartment is proposed is a conforming lot in terms of minimum required lot area, lot frontage, lot width and lot depth.
d.
The accessory apartment shall meet the following requirements with respect to affordability:
(1)
At the time of initial occupancy of the unit and for at least ten (10) years thereafter, the accessory apartment shall be rented only to a household which is either a low or a moderate income household.
(2)
Rents of accessory apartments shall be affordable to low or moderate income households as applicable income limits.
(3)
Prior to issuance of certificate of occupancy for the initial tenant of the accessory apartment, there shall be a recorded deed or declaration of covenants and restrictions applied to the property running with the land that maintains the affordability of the accessory apartment for the minimum 10-year period. After expiration of the 10-year period the accessory apartment may be converted to a market-rate unit unless the affordability restriction is extended by mutual agreement of the Borough and property owner.
e.
Accessory apartments shall have living/sleeping space, cooking facilities, a kitchen sink and complete sanitary facilities for the exclusive use of its occupants. It shall consist of no less than two (2) rooms, one (1) of which shall be a full bathroom.
f.
The potable water supply and sewage disposal system for the accessory apartment shall be adequate as evidenced by the approval of the Borough Board of Health.
g.
The net habitable floor area devoted to the accessory apartment shall not exceed twenty-five percent (25%) of the aggregate net habitable floor area within all buildings on the site, including both the principal single-family building on the site and all accessory buildings on the site.
h.
In the case of an accessory apartment created illegally or without proper permits which the property owner desires to legitimize as an accessory apartment under this Subsection 28-401AA, all of the requirements of this subsection shall apply.
i.
The creation of the accessory apartment shall not create a non-conforming condition on the site regarding applicable zoning requirements (e.g., applicable building setbacks, building coverage, impervious coverage).
j.
Off-street parking shall be provided for the occupants of the affordable accessory apartment.
k.
There shall be no more than one (1) accessory apartment located on any one (1) lot.
3.
Zoning Approval Procedure. Applicants for the creation of an accessory apartment shall submit for approval through the Borough's Zoning Permit approval process. The application shall include the forms required for a Borough Zoning Permit and all information necessary for the Zoning Officer to determine compliance with this subsection and other applicable zoning requirements (e.g., applicable building setbacks, building coverage, impervious coverage). Such information shall include, but may not be limited to, the following:
a.
A plot plan (survey) indicating the location of the proposed construction and demonstrating conformity to the applicable bulk requirements of the zone.
b.
A sketch of floor plan(s) showing the location, size and relationship of both the accessory apartment and the primary dwelling within the building or in another structure as to size and demonstrating compliance with the applicable requirements of this subsection.
c.
Elevations showing the modification of any exterior building facade to which changes are proposed.
d.
The Zoning Permit for an application for an accessory apartment shall only be denied if the property is not in conformance with this subsection and other applicable zoning requirements. All denials shall be in writing with the reasons clearly stated.
4.
Administration. The following designations are made to administer various components of the accessory apartment program:
a.
The designated Administrative Agent shall administer the following portions of the accessory apartment program: implementing the Affirmative Marketing Plan adopted by the Borough; accepting applications from interested households; determining eligibility of households; conducting random selection of applicants for rental of restricted units as necessary; creating and maintaining a waiting list of applicant households; ensuring compliance with permissible rents and annual rental increases; establishing and maintain effective communication with owners; sending out annual mailings about restrictions including allowable annual rent increases; and providing annual activity reports.
b.
The Borough Administrator shall administer the following portions of the accessory apartment program: administering the subsidy set forth herein; insuring that certificates of occupancy are obtained before occupancy; filing of deed restrictions; serving as the custodian of all legal documents; and satisfying other administrative requirements of the program.
c.
In accordance with applicable affordable housing requirements, the Borough shall provide up to thirty thousand ($30,000.00) dollars to subsidize the creation of an accessory apartment conforming to the requirements of this Subsection 28-401AA and applicable affordable housing requirements. The said subsidy may be in the form of a grant provided that the property owner shall enter into a written agreement with the Borough insuring that (i) the subsidy shall be used to create the accessory apartment and (ii) the accessory apartment shall meet the requirements of this subsection and applicable regulations.
AB.
Mandatory Affordable Housing Set-Aside.
[Ord. No. 2018-19; amended 3-21-2019 by Ord. No. 19/04]
1.
Purpose: The purpose of the Mandatory Affordable Housing Set-Aside requirement is to provide for affordable housing within residential developments above a certain density, which are not zoned for inclusionary development.
2.
Mandatory Affordable Housing Set-Aside Requirements:
a.
All residential development of five or more units that occurs at a density above six units per acre arising as a result of a density or use variance or rezoning or approval of a redevelopment plan or rehabilitation plan shall be required to provide a minimum affordable housing set-aside of 20%, except that the minimum set-aside shall be 15% where affordable rental units are provided.
b.
Section 28-401AB2a does not affect residential development on sites that are zoned for inclusionary residential development as part of the Borough's Housing Element and Fair Share Plan, which are subject to the affordable housing set-aside requirements set forth in the applicable zoning.
AC.
Route 22 Affordable Housing Overlay District.
Route 22 Affordable Housing Overlay District is established as follows:
1.
Purpose. The purpose of the Route 22 Affordable Housing Overlay District is to create a realistic opportunity for the creation of low and moderate-income housing as land becomes available for development or redevelopment in the Borough.
2.
Area of the Borough to Be Included in the Overlay District. Block 64.02, Lot 3 and a portion of Block 64.02, Lot 5 as shown on the Route 22 Affordable Housing Overlay District Map.
3.
Principal Permitted Uses. Multifamily dwelling units in one or more buildings as an inclusionary affordable residential development, provided that the provisions of paragraphs 5 through 8 below are met.
4.
Permitted Accessory Uses.
a.
Uses and structures customary to the principal permitted use including, but not limited to private residential garages, parking areas, refuse and recycling areas, swimming pools, tennis courts, club houses for residents, management offices, leasing offices, walking/jogging trails, and dog runs.
c.
All accessory uses except permitted fences, signs, bus shelters shall be located at least twenty (20) feet from the property line.
e.
Signs may be provided in accordance with § 28-504, and further regulated as follows:
(1)
Permitted signs shall include one project identification sign per development, residential unit and residential building identification signs, traffic and pedestrian directional signs and other public safety signs.
(2)
A project identification monument sign shall be permitted at the driveway entrance to the project not exceeding thirty-two (32) square feet in area and eight (8) feet in height including the monument base.
(3)
A monument base constructed of stone or similar material and landscaped shall be provided.
(4)
Building mounted identification signs or free-standing informational signs shall not exceed four (4) square feet.
(5)
Signs shall be constructed of stone, wood or similar materials and shall not be internally illuminated.
(6)
An overall sign plan shall be submitted for review as part of the site plan application.
f.
All accessory uses except permitted fences, signs, bus shelters shall be located at least twenty-five (25) feet from the property line.
5.
Maximum Gross Density.
a.
For-sale units. Multifamily residential development with units for-sale shall be permitted to have a maximum gross density of fourteen (14) units per acre.
b.
For-rent units. Multifamily residential development with units for-rent shall be permitted to have a maximum gross density of eighteen (18) units per acre.
6.
Affordable Housing Requirements.
a.
For-sale units. Multi-family residential development with units for-sale shall include a minimum of 20 percent of the total number of units for low-and moderate- income households, with at least 13 percent of these affordable units available for households earning 30 percent or less of the median income limit for the Council on Affordable Housing Region 3 or as provided by Order of the Superior Court of New Jersey.
b.
For-rent units. Multi-family residential development with units for-rent shall include at least 15 percent of the total number of units for low- and moderate-income households, with at least 13 percent of these affordable units available for households earning 30 percent or less of the median income limit for the COAH Region 3 or as provided by Order of the Superior Court of New Jersey.
c.
The low- and moderate-income units shall be distributed throughout the development, not concentrated in any one building.
d.
The § 28-1000 Affordable Housing Ordinance provisions shall apply.
7.
Area, Yard and Other Bulk Requirements.
a.
No principal building or structure shall be located closer than one hundred (100) feet from the Route 22 right-of-way line or closer than twenty-five (25) feet from any side or rear lot line.
b.
The minimum distance between structures shall be one-half (1/2) the sum of the height of the adjacent structures, except that a minimum of fifteen (15) feet shall be maintained when structures abut end to end.
c.
The maximum building length shall be two hundred (200) feet.
d.
The minimum number of dwelling units in a building shall be four (4) units and the maximum number of dwelling units in a building shall be thirty-six (36) units.
e.
The maximum building coverage shall be thirty percent (30%).
f.
The maximum lot impervious coverage shall be seventy percent (70%).
8.
Maximum Building Height.
a.
No building shall exceed thirty-eight (38) feet in height and three (3) stories.
b.
Building height in feet shall be the vertical distance measured from the average finished grade at the perimeter of the foundation calculated at 20-foot increments to the highest point of the building in the case of flat roofs or to the mean level between the eaves and the highest point of the roof in the case of pitched roofs.
c.
Building height in stories shall be measured counting as a story the space between the upper surface of any floor and the upper surface of the next floor above it or, if there is no floor above it, then the surface between the floor and the ceiling next above it. Space under a sloped roof that is not habitable and space partially or fully below grade that is not habitable under the State Uniform Construction Code shall not be considered a story or part of a story.
9.
Roadways, Off-street Parking and Private Residential Garages.
a.
On-street parking shall be permitted within the development tract.
b.
Off-street parking may be permitted under or within a building structure, provided that the building shall not exceed the maximum building height.
c.
The number of required parking spaces shall be in accordance with the New Jersey Residential Site Improvement Standards (RSIS).
d.
No parking area or driveway shall be located within twenty (20) feet of any property line, excluding intersecting driveways with US Route 22.
e.
Parking spaces shall be located at least fifteen (15) feet from a residential building, except where a parking space also provides access to an enclosed garage, no such setback shall be required.
10.
Other Requirements.
a.
Section 28-505A, Recreation Required for Multi-Family Development standards shall apply and include:
b.
Section 28-600 Development Requirements and Standards shall apply unless overridden by provisions in this subsection.
c.
Building Design Standards.
(1)
All residential buildings shall have similar façade treatments so that they are compatible with one another. Additionally, all sides of any one residential building shall have similar facade treatments.
(2)
Long buildings shall be broken into façade segments. Any building with a length of over one hundred (100) feet shall have off-set facades at least every thirty (30) feet created with set-back or bump-out sections being one and one-half (1.5) feet or more in depth.
(3)
A variety of quality materials and architectural features are encouraged to, for example, distinguish the first floor from higher floors, to distinguish top floors from lower floors, and to highlight building entrances.
(4)
Rooftop HVAC units, if employed, shall be shielded by parapet walls or roof insets if a sloped roof is utilized.
(5)
Foundation plantings shall be utilized to soften the appearance of first floor and lower walls.
AD.
Outdoor Dining.
[Added 5-18-2023 by Ord. No. 23/05]
1.
Purpose. The purpose of this subsection is to allow for outdoor dining areas to be a permitted accessory use to all food establishments throughout the Borough.
2. BUSINESS PREMISES FOOD ESTABLISHMENT OUTDOOR DINING PRIVATE SIDEWALK PUBLIC SIDEWALK
Definitions. The following definitions shall apply to this subsection:
The real property or portion of real property upon which a food establishment is being operated.
The commercial business of cooking, preparing, selling and serving food and beverages for immediate consumption on the business premises, including, but not limited to, restaurants and bars.
A patio, deck, yard, or walkway, whether covered or uncovered, that is located on or adjacent to the business premises, which space is owned, leased or otherwise in the lawful control of the owner or operator of the business premises, that is being utilized in connection with a food establishment.
A sidewalk or walkway wholly on private property which is located adjacent to the business premises.
A sidewalk on the locally or county owned public right-of-way, which is adjacent to the business premises.
3.
Permitted Accessory Use. Uses and structures associated with food establishments may be expanded to allow for outdoor dining which is on or adjacent to the business premises, subject to the regulations and conditions set forth herein.
a.
No outdoor cooking of any kind shall be permitted.
c.
The site of outdoor dining shall not be permitted if located within one hundred (100) feet of a residential property, unless relief is granted by the appropriate land use board having shown that the outdoor dining will not constitute a nuisance or otherwise disturb the peace and quiet of the nearby residences. If an application for relief of this provision is sought from the land use board, public notice shall be required to all property owners within two hundred (200) feet of the subject property.
d.
Outdoor dining shall not be permitted in fire lanes.
e.
Outdoor dining shall be limited to be between the hours of 9:00 a.m. and 9:00 p.m., Sunday through Thursday, and the hours of 9:00 a.m. and 10:00 p.m. Friday and Saturday. When not in use during the permitted hours of operation all tables and chairs servicing the outdoor dining shall be secured as to not allow use by patrons or members of the public; and signage shall be provided to notify the public that the tables and chairs shall not be utilized beyond the permitted hours of operation.
f.
All proposed tents, canopies, umbrellas, tables, chairs, and other fixtures shall be properly secured at the site.
4.
Required Approvals. Any site modification required to provide for outdoor dining areas shall be subject to site plan approval from the appropriate land use board. Site plans shall include the design, dimensional boundaries of the proposed outdoor dining area, including any and all proposed tents, canopies, umbrellas, tables, chairs, barriers, and other fixtures.
5.
Use of Sidewalks. Unless otherwise permitted by State law, the use of the public sidewalk for outdoor dining shall not be permitted. Subject to land use board approval, outdoor dining may be permitted on a private sidewalk.
6.
Temporary outdoor heating sources. Temporary outdoor heating sources, such as heating lamps, electric or gas space heaters, gas fireplaces, chimineas or other like equipment, may be permitted within such outdoor dining areas subject to compliance with all applicable provisions of State laws and regulations and Borough ordinances.
7.
Temporary Lighting. Temporary lighting may be permitted provided such lighting is limited to the outdoor dining area, with no spillage onto neighboring/adjacent properties or businesses, unless lack of such lighting would create a safety hazard, and subject to compliance with all applicable provisions of State laws and regulations and Borough ordinances.
8.
Alcoholic Beverages. The sale/service of alcoholic beverages in outdoor dining areas is subject to compliance with any and all applicable rules, regulations, or special rulings of the Division of Alcoholic Beverage Control.