Township of Rochelle Park, NJ Supplementary Regulations Governing Certain Zone Districts

Any obscene or pornographic books, videos or entertainment which depicts or describes in a patently offensive way sexual conduct specifically defined in N.J.S.A. 2C:34-2.

Any activity which exposes specified anatomical areas or sexual activity as defined in N.J.S.A. 2C:34-2.

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

No person shall operate a sexually oriented business within 1,000 feet of any other sexually oriented business or other structures or uses as set forth in N.J.S.A. 2C:34-2.

No business described herein shall allow any person (female) to appear with either or both breasts exposed and no person (male or female) may appear with the lower part of the torso uncovered or so thinly covered or draped as to appear uncovered.

As applied to restaurants, catering or fast-food establishments, there shall not be permitted within these establishments any dancers, entertainers, performers or other employees whose specified anatomical parts are exposed or are less than completely or opaquely covered.

This section is not intended to preempt the Township's regulations for alcoholic beverages, but is intended to supplement them.

Sexually oriented businesses are permitted only in the Business Overlay BA 1 District and shall comply with the following requirements:

No sexually explicit business shall be conducted within 175 feet of a residential district or use.

Vehicular access to premises containing a sexually oriented business shall be limited to Route 17.

Sexually oriented businesses shall not operate prior to 9:00 a.m. nor after 11:00 p.m.

Any signage permitted for a sexually oriented business shall be directed toward Route 17.

It is the intent of this subsection to include within the Business Overlay Zone off-track wagering facilities and Off-Track wagering licensees. The regulations relating to the filing and licensing of said facilities shall be as set forth in the statue known as "Off-Track and Account Wagering Act," N.J.S.A. 5:5-127 et seq.

[Added 10-17-2001 by Ord. No. 841-01]

§ 185-109.1 Historic Home Overlay (HH-O).

[Added 10-23-2019 by Ord. No. 1150-19]

The purpose of the Historic Home Overlay District is to ensure the preservation of the Tyson House or Italianate mansion dating to the mid 19th century. The Tyson House is a historically significant local site.

Any development in the HH-O Zone shall be required to maintain the historic integrity of the Tyson House. Under no circumstances shall the demolition of the Tyson House or any significant feature thereof be permitted. Any modifications to the structure that are necessary to conduct a permitted use shall be performed in a manner consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties.

Permitted uses in the HH-O Zone are as follows:

Single-family residence.

Bed-and-breakfast: an establishment providing overnight accommodations and a morning meal in a dwelling unit provided to transients for compensation. The owner/operator may or may not reside on the premises.

Professional office.

Business services.

Restaurants, excluding drive-through or drive-in restaurants.

Art studio/gallery.

(7)

Banquet/event facility: an establishment that provides a setting for occasions such as weddings, corporate events, charitable benefits and similar special events.

The bulk standards for the HH-O Zone are as follows:

Minimum lot area: 40,000 square feet.

Minimum lot width: 50 feet.

Minimum lot depth: 100 feet.

Minimum front yard: 25 feet.

Minimum side yard: five feet (one)/15 feet (both).

Minimum rear yard: 30 feet.

(7)

Maximum building coverage: 15%.

(8)

Maximum improved coverage: 50%.

(9)

Maximum building height: three stories.

Parking for all uses in the zone shall adhere to the standards in § 185-76 with the following additions/exceptions:

Required number of parking spaces.

Bed-and-breakfast: one per room, plus one per employee.

Art studio/gallery: one per 300 square feet of gross floor area.

Banquet/event facility: one per every two occupants, including employees.

Valet parking shall be a permitted accessory use for restaurants, banquet and event facilities, and art studios and galleries.

§ 185-110 AH Affordable Housing District. [1]

[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No. 1038-11; 7-24-2019 by Ord. No. 1144-19; 3-25-2020 by Ord. No. 1156-20]

Dwelling units.

Residential density. The maximum permitted residential density shall be 20 units per acre, exclusive of areas designated as flood hazard areas, wetlands, wetland buffer areas, and steep sloping lands.

Mandatory set-aside. A 20% affordable set-aside is required for developments that result in for-sale units. A 15% affordable set-aside is required for developments that result in for-rent units.

Tract location. Affordable housing units shall be situated on the development tract in locations no less desirable than market-priced dwelling units within the development and shall be equally accessible to common open space, community facilities and shopping facilities.

Additional provisions. See Article XVI for further provisions regarding the development of affordable housing.

Distances between buildings; length of buildings; maximum number of dwelling units per building. In the Affordable Housing Zone where dwelling units are not being subdivided into individual lots, the following shall apply:

The minimum distance between buildings:

Front to front: 75 feet.

Front to side: 50 feet.

Front to rear: 60 feet.

(d)

Side to rear: 40 feet.

(e)

Side to side: 40 feet.

(f)

Rear to rear: 60 feet.

Maximum building length (townhouse, duplex, flats or apartments): 200 feet.

Maximum number of dwelling units per townhouse building: eight.

Maximum number of dwelling units per building (duplexes or flats): 24.

Street requirements. The right-of-way and pavement widths shall be adequate in size, loading and design to accommodate the maximum traffic, parking and loading needs and access for fire-fighting and police vehicles.

All private internal residential roads and streets shall contain a minimum pavement width of 24 feet for two-way streets and 20 feet for one-way streets. Collector roadways shall minimally contain a pavement width of 30 feet. All public streets shall minimally meet the Township of Rochelle Park design standards for streets.

All streets and roads, either dedicated public streets or privately owned and maintained, or any combination thereof, shall be subject to the laws of the Township of Rochelle Park as to the construction of the same. Where an Official Map or Master Plan, or both, have been adopted, the proposed street system shall conform to the proposals and conditions shown thereon, except as may be modified by the Planning Board or governing body, as provided by law.

Utility improvements.

The Affordable Housing Zone shall be served by a centralized water and sanitary sewerage system, as defined herein.

All utility improvements, including storm drainage systems, sanitary sewage collection and disposal and water supply systems, shall be in accordance with standards and procedures as established by local, county and state regulations. Said improvements shall be subject to review and approval by the New Jersey Department of Environmental Protection, as well as appropriate county and state agencies, where applicable. Water supply facilities shall be subject to review and approval by the Township Engineer, Fire Department and United Water Resources.

Electric, gas, telephone and cable television service shall be provided by the developer in concert with the appropriate public utilities providing such service. Said service shall be provided as part of an underground system.

If such underground facilities cannot reasonably be provided due to topographic or geological conditions of the land due to technical circumstances and if the landowner shall adequately demonstrate the lack of feasibility of such an undertaking to the satisfaction of the Board of Public Utilities, a waiver of this requirement may be granted by the Planning Board.

Off-street parking requirements.

Within the Affordable Housing Zone, all parking shall comply with the Residential Site Improvement Standards of the State of New Jersey.

Each single-family dwelling, townhouse, duplex, triplex, quadruplex or patio house or apartment shall minimally provide one enclosed parking space for each two dwelling units. Said enclosed parking spaces may include parking spaces within the apartment, as a part of separate garage space, parking garage space beneath the building or as a part of a parking deck.

Each parking space shall be provided at a width of nine feet and a length of 18 feet, except as provided for handicapped persons.

Parking for handicapped persons shall be provided with a minimum width of 12 feet and a length of 20 feet.

Aisle width for all ninety-degree parking shall be 24 feet wide.

Off-street parking shall be suitably landscaped, screened, lighted and conveniently located to the housing to be served. Parking will also be suitably graded and improved and provided with adequate drainage facilities.

(7)

Parking shall be no closer than five feet to a residential building.

Emergency facilities and access.

All housing developed in the Affordable Housing Zone shall be suitably designed for emergency assistance.

No housing unit shall be inaccessible to emergency services.

Buffer.

A minimum fifteen-foot buffer shall be maintained along all external lot lines, except that portion fronting on an existing street. The buffer shall be maintained in its natural state. Where natural vegetation is sparse or nonexistent, the landowner shall be required to provide a year-round visual screen.

No use or structure, including parking or loading, sewer easements or retention or detention drainage facilities, shall be permitted within the required buffer area.

Driveway access or subsurface utilities may be permitted through a mandatory buffer only when they extend perpendicular to the mandatory buffer.

[1]

Editor's Note: Ordinance No. 832-01, adopted 8-15-2001, changed the dwelling unit distribution and district designation for certain lots within this district. A full copy of this ordinance is on file in the Township offices.

§ 185-110.1 Affordable Housing Overlay-1 Zone.

[Added 7-24-2019 by Ord. No. 1144-19; amended 3-25-2020 by Ord. No. 1156-20]

Purpose. The Affordable Housing Overlay-1 Zone (AHO-1) is to establish an area for capturing the Township's unmet need from its Third Round Fair Share Affordable Housing obligations, in conformance with the requirements of the New Jersey Fair Housing Act of 1985.

Applicability.

The AHO-1 shall be applied to the lands on the Rochelle Park Tax Map known as:

Block	Lot(s)
80.01	1
87	32, 37, 39, 53, 1.01, 1.02, 1.03
88	1, 1.02, 5, 15
89	22, 28
90	1, 2, 3, 4, 5
91.01	3, 4, 5, 6, 7
91.02	1, 2, 3, 4, 5, 6, 7
94	1, 4, 7, 8, 9, 10
95	6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18

The Official Zoning Map of the Township of Rochelle Park is hereby amended in accordance with the foregoing and is further incorporated by reference.

Dwelling units.

Mandatory set-aside. A 20% affordable set-aside is required for developments that result in for-sale units. A 15% affordable set-aside is required for developments that result in for-rent units.

Compliance with other regulations and ordinances.

Nothing in this section shall be construed to prohibit any use permitted by the underlying zoning districts. The area and bulk standards of each underlying zone district shall remain in full force and effect unless in conflict with this section.

All affordable units constructed within the overlay shall also comply with Article XVI of the Township Code.

§ 185-110.2 Affordable Housing Overlay-2 Zone.

[Added 7-24-2019 by Ord. No. 1144-19; amended 3-25-2020 by Ord. No. 1156-20]

Purpose. The Affordable Housing Overlay- 2 Zone (AHO-2) seeks to provide an opportunity to develop affordable housing to meet the Township's low-and moderate-income housing needs. Nothing in this section shall be construed to prohibit any use permitted by the underlying zoning districts.

Applicability.

The AHO-2 shall be applied to the lands on the Rochelle Park Tax Map known as:

Block	Lot(s)
24.02	34, 39.03, 40.01, 40.02, 41.01
25.01	1, 2, 3, 4, 5, 6, 7.01, 8, 9, 10

The Official Zoning Map of the Township of Rochelle Park is hereby amended in accordance with the foregoing and is further incorporated by reference.

Dwelling units.

Mandatory set-aside. A 20% affordable set-aside is required for developments that result in for-sale units. A 15% affordable set-aside is required for developments that result in for-rent units.

Additional provisions. See Article XVI for further provisions regarding the development of affordable housing.

§ 185-111 Senior Citizen Accommodation District.

All housing in the Senior Citizen Accommodation District shall be developed in accordance with the following:

The maximum number of dwelling units shall be 90 units. Of these, a maximum of 25 units will be two-bedroom units.

A minimum of nine low- and moderate-income units (four low-income and five moderate-income) must be provided. The developer shall have the right to transfer via a regional contribution agreement, at its own expense, as many as six units (three low-income and three moderate-income) to a receiving municipality subject to approval of the court.

The construction of low- and moderate-income units shall be the responsibility of the developer.

Of the low- and moderate-income units, it shall be the developer's obligation to provide at least 4% of the housing units for occupancy by handicapped persons.

At least 60% of the development shall be open space. This can include buffer areas, dedicated parklands and conservation easements.

Open space shall be owned and maintained by the property owner in accordance with the provisions of N.J.S.A. 40:55D-43.

Street requirements; utilities; parking; environment. Street requirements in the Senior Citizen Accommodation District shall be in compliance with the following requirements:

The right-of-way and pavement widths of all internal streets, roads and vehicular traveled ways shall be determined from sound planning and engineering standards in conformity with the estimated needs of the full proposed development and the traffic to be generated thereby. They shall be adequate in size, location and design to accommodate the maximum traffic, parking and loading needs and access for fire-fighting, police vehicles and other emergency services.

Where an Official Map or Master Plan, or both, have been adopted, the proposed street system shall conform to the proposals and conditions shown thereon, except as may be modified by the Planning Board or governing body, as provided by law.

[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No. 1038-11]

Utility improvements.

The district shall be served by a centralized water and sanitary sewerage system, as defined herein.

If such underground facilities cannot reasonably be provided due to topographic or geological conditions of the land due to technical circumstances and if the landowners shall adequately demonstrate the lack of feasibility of such an undertaking to the satisfaction of the Board of Public Utilities, a waiver of this requirement may be granted by the Planning Board.

[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No. 1038-11]

Off-street parking requirements.

Within the Senior Citizen Accommodation Zone, there shall be a minimum of one parking space for every two dwelling units. In addition, there shall be a minimum of 10 spaces for visitor parking.

Parking shall be provided on-site or on a contiguous site, provided that an access agreement and license for such parking is granted. The agreement and license shall run in perpetuity for as long as the facility relies on such parking. The agreement and license shall be recorded. Access to contiguous sites for vehicular or pedestrian traffic may be provided via easements, provided that they run in perpetuity and remain in effect as long as the property is used for Senior Citizen Accommodation District purposes and further provided that such documents are in recordable form. Adjacent and contiguous properties may be used to satisfy parking, access and roadway requirements, provided that such agreements are in the form set forth above.

Except where parking is provided within the residential structure, no general parking area shall be located closer than five feet to a residential building.

Each parking space shall minimally be provided at a width of nine feet and a length of 18 feet.

Aisle width for all ninety-degree parking shall minimally be 24 feet wide.

Said parking will be suitably landscaped, screened, lighted and conveniently located to the housing to be served. Said parking will also be suitably graded and improved and provided with adequate drainage facilities.

Emergency facilities and access.

All housing developed within the district shall be suitably designed for emergency assistance, if necessary.

No housing unit shall be inaccessible to emergency service facilities, notably police, fire-fighting and ambulance service.

§ 185-112 SCH Senior Citizen Housing District. [1]

Dwelling units; distribution.

The maximum permitted residential density shall be 30 units per acre, exclusive of areas designated as flood hazard areas, wetlands, wetland transition areas and steep sloping lands.

Single-family detached dwellings shall meet all of the area, yard and bulk requirements of the Residential District.

All business uses permitted in the Business A District shall comply with the area, yard and bulk regulations of that district.

Distribution of dwelling types.

The distribution of bedroom units within each building shall be governed by the requisite county, state or federal standards.

All senior citizen dwelling units within the SCH Senior Citizen Housing Zone shall be constructed as rental housing units.

Distances between buildings; length of buildings. In the Senior Citizen Housing Zone, where dwelling units are not being subdivided into individual lots, the following shall apply:

Minimum distance between buildings:

Front to front: 75 feet.

Front to side: 50 feet.

Front to rear: 60 feet.

(d)

Side to rear: 50 feet.

(e)

Side to side: 40 feet.

(f)

Rear to rear: 60 feet.

Maximum building length: 200 feet.

Open space. At least 20% of the total land area in a Senior Citizen Housing Zone shall be designed for and devoted to open space. In computing such twenty-percent requirement, common recreation areas accessory to the residential use and required buffer areas shall be included. Open space, as provided herein, shall be owned and maintained by the property owner in accordance with the provisions of N.J.S.A. 40:55D-43.

Street requirements in the Senior Citizen Housing Zone shall be in compliance with the following requirements:

The right-of-way and pavement widths of all internal streets, roads and vehicular traveled ways shall be determined from sound planning and engineering standards in conformity with the estimated needs of the full proposed development and the traffic to be generated thereby. They shall be adequate in size, loading and design to accommodate the maximum traffic, parking and loading needs and access for fire-fighting, police vehicles and other emergency services.

All streets and roads, either dedicated public streets or privately owned and maintained or any combination thereof, shall be subject to the laws of the Township of Rochelle Park as to the construction of the roadway.

[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No. 1038-11]

Utility improvements.

Senior citizen housing shall be served by a centralized water and sanitary sewerage system, as defined herein. All utility improvements, including storm drainage systems, sanitary sewage collection and disposal and water supply systems, shall be in accordance with standards and procedures as established by local, county and state regulations. Said improvements shall be subject to review and approval by the New Jersey Department of Environmental Protection, as well as appropriate county and state agencies, where applicable. Water supply facilities shall be subject to review and approval by the Township Engineer, Fire Department and United Water Resources.

Off-street parking requirements in the Senior Citizen Housing Zone.

Within the Senior Citizen Housing Zone, a minimum of one parking space shall be provided for each senior citizen dwelling unit unless the Planning Board finds that less than one space per unit is adequate.

[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No. 1038-11]

Each parking space shall be provided at a width of 10 feet and a length of 18 feet.

Parking for handicapped persons shall comply with ADA requirements.

Aisle width for all ninety-degree parking shall minimally be 24 feet wide.

Except where parking is provided within or beneath the residential structure or upon a deck facility, no general parking area shall be located closer than five feet to a residential building.

Emergency facilities and access in the Senior Citizen Housing Zone.

All senior citizen housing developed within the Senior Citizen Housing Zone shall be suitably designed for emergency assistance, if necessary.

No housing unit shall be inaccessible to emergency service facilities, notably police, fire-fighting and ambulance service.

Environmental standards in the Senior Citizen Housing Zone.

Buffer area.

The applicant shall provide and maintain a buffer zone, which shall be no less than 25 feet in width, from all external lot lines of the site, except for that portion which fronts upon an existing external street or roadway. Such buffer zone shall be kept in its natural state where wooded. When natural vegetation is sparse or nonexistent, the landowner shall be required to provide a year-round visual screen, as determined by the Planning Board.

[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No. 1038-11]

No use or structure, including parking or loading areas, sewer easements or retention or detention drainage facilities shall be permitted within the required buffer area.

Driveway access or subsurface utilities may be permitted through a mandatory buffer only where said driveway or underground utility extends perpendicular to the mandatory buffer.

Wetland areas. Except as permitted by the New Jersey Department of Environmental Protection, no development or soil disturbance shall be permitted within any area classified as a wetland area or a wetland buffer area.

Flood hazard designation.

Except as permitted by New Jersey Department of Environmental Protection regulations, no principal use of any site, including housing, shall be permitted within the flood hazard area. The flood hazard area shall be determined by the New Jersey Department of Environmental Protection or the Federal Emergency Management Agency (FEMA) map, where applicable.