Borough of Watchung, NJ ZONING DISTRICT REGULATIONS

28-401 GENERAL ZONING DISTRICT REGULATIONS.

[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]

The following zoning provisions shall apply in all instances; inconsistencies or conflicting interpretations shall be resolved in accord with the provisions of this chapter.

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.

[1]

Editor's Note: See Chapter 22 for Flood Damage Prevention.

Accessory Buildings and Structures.

Regulations Applicable in all Zoning Districts.

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.

The minimum requirements specified in this chapter for accessory structures shall not apply to air conditioners, underground sprinkler systems or similar appurtenances.

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.

Any accessory structure located within the principal building envelope shall not exceed the building height of the principal building.

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.

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.

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.

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.

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.

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.

Accessory Structures — Special Provisions in the R-R, R-A, and R-B Single-Family Residential Districts.

There shall be no minimum separation requirement between a swimming pool and a single-family detached dwelling unit.

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.

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.

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.

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.

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.

Height Limits.

The height of a building shall be measured as stipulated in the definition of building height in § 28-203.

Chimneys on a residential dwelling unit are not bound by the height restrictions of this chapter.

Silos and barns on farms are not bound by the height restrictions of this chapter.

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.

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.

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.

Skylights, spires, cupolas, flagpoles, chimneys and similar structures associated with the building.

The parapets used to screen the roof-mounted structures and equipment.

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.

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.

Maximum Lot Coverage on Steep Slopes.

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

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.

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.

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

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.

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:

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.

(Reserved)

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.

Maximum Percent of Lot Coverage. No lot shall exceed the permitted percent of coverage by impervious surfaces as defined and specified in this chapter.

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.

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.

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.

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.

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.

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.

Public Utilities.

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.

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.

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.

Community Residences and Community Shelters, Family Day Care Homes and Child Care Centers.

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.

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.

Applicability to Municipal Development and Parks and Open Space Uses.

Any existing or proposed Borough-owned, operated, or controlled building, structure, facility, or use shall be permitted in any zoning district.

Public playgrounds, conservation areas, parks, open space uses shall be permitted principal uses in any zoning district.

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.

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.

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.

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.

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.

Odor. Odors due to nonagricultural and nonresidential uses shall not be discernible at the lot line or beyond.

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:

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.

Comply with all applicable regulations of the Department of Environmental Protection.

Permit no accumulation on the property of any solid waste, junk or refuse.

Comply with all provisions of the State Sanitary Code, Chapter VIII, Refuse, Disposal, Public Health Council of the NJ Department of Health.

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.

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.

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.

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.

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:

All flag lots shall have a lot area of at least three (3) acres.

Required setbacks for flag lots, whether front, side or rear, shall be fifty (50) feet.

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.

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.

The "flag" portion of any flag lot shall contain a principal building envelope that is at least fifty (50) feet in every direction.

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.

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.

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.

Residential Driveway and Parking Area Requirements.

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.

Construction and Location of Driveway Entrances and Residential Driveways.

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.

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.

Construction and Location of Residential Parking Areas.

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.

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.

Residential Driveway And Parking Area Lighting General Regulations.

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.

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.

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.

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).

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.

(Reserved)[2]

[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]

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.

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:

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.

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.

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.

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.

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.

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.

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.

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.

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).

Off-street parking shall be provided for the occupants of the affordable accessory apartment.

There shall be no more than one (1) accessory apartment located on any one (1) lot.

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 plot plan (survey) indicating the location of the proposed construction and demonstrating conformity to the applicable bulk requirements of the zone.

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.

Elevations showing the modification of any exterior building facade to which changes are proposed.

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.

Administration. The following designations are made to administer various components of the accessory apartment program:

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.

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.

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]

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.

Mandatory Affordable Housing Set-Aside Requirements:

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.

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.

(1)

A property shall not be permitted to be subdivided to avoid compliance with this § 28-401AB requirements.

AC.

Route 22 Affordable Housing Overlay District.

Route 22 Affordable Housing Overlay District is established as follows:

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.

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.

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.

Permitted Accessory Uses.

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.

Subsection 28-401B shall apply except as modified in this Subsection 28-401AC .

All accessory uses except permitted fences, signs, bus shelters shall be located at least twenty (20) feet from the property line.

Fences and walls, in accordance with § 28-502.

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.

All accessory uses except permitted fences, signs, bus shelters shall be located at least twenty-five (25) feet from the property line.

Maximum Gross Density.

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.

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.

Affordable Housing Requirements.

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.

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.

The low- and moderate-income units shall be distributed throughout the development, not concentrated in any one building.

The § 28-1000 Affordable Housing Ordinance provisions shall apply.

Area, Yard and Other Bulk Requirements.

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.

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.

The maximum building length shall be two hundred (200) feet.

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.

The maximum building coverage shall be thirty percent (30%).

The maximum lot impervious coverage shall be seventy percent (70%).

Maximum Building Height.

No building shall exceed thirty-eight (38) feet in height and three (3) stories.

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.

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.

Roadways, Off-street Parking and Private Residential Garages.

On-street parking shall be permitted within the development tract.

Off-street parking may be permitted under or within a building structure, provided that the building shall not exceed the maximum building height.

The number of required parking spaces shall be in accordance with the New Jersey Residential Site Improvement Standards (RSIS).

No parking area or driveway shall be located within twenty (20) feet of any property line, excluding intersecting driveways with US Route 22.

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.

Section 28-505A, Recreation Required for Multi-Family Development standards shall apply and include:

(1)

A minimum of five percent (5%) of the lot shall be developed as open space and recreation areas, including both active and passive recreation facilities.

(2)

Recreation facilities shall include play areas for children of all ages.

Section 28-600 Development Requirements and Standards shall apply unless overridden by provisions in this subsection.

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]

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.

Definitions. The following definitions shall apply to this subsection:

BUSINESS PREMISES

The real property or portion of real property upon which a food establishment is being operated.

FOOD ESTABLISHMENT

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.

OUTDOOR DINING

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.

PRIVATE SIDEWALK

A sidewalk or walkway wholly on private property which is located adjacent to the business premises.

PUBLIC SIDEWALK

A sidewalk on the locally or county owned public right-of-way, which is adjacent to the business premises.

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.

No outdoor cooking of any kind shall be permitted.

Outdoor dining operation shall comply with Chapter 20 entitled Noise of the Borough Code.

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.

Outdoor dining shall not be permitted in fire lanes.

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.

All proposed tents, canopies, umbrellas, tables, chairs, and other fixtures shall be properly secured at the site.

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.

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.

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.

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.

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.

28-402 SINGLE-FAMILY DETACHED DWELLING UNITS IN NONRESIDENTIAL ZONES.

[Ord. No. OR:09/01 § 28-402; Ord. No. OR:08/03 § 1; New]

Any single-family detached dwelling unit located in the B-A, B-B, B-C, O-C, H-D or QU Zoning Districts and existing as of the date of adoption of this chapter shall be permitted to construct additions to the detached dwelling unit and/or construct accessory buildings without an appeal for variance relief provided that:

The existing lot and improvements thereon conform in all respects to the minimum requirements of this chapter for detached dwelling units in the R-R District.

The addition(s) to the detached dwelling unit and/or the construction of any accessory building(s) do not violate any of the requirements of this chapter for development in the R-R District.

28-403 NONCONFORMING STRUCTURES, USES AND LOTS.

[Ord. No. OR:10/03 § 2]

Continuance. Any existing nonconforming structure or nonconforming use existing at the time of the passage of this chapter may be continued upon the lot or in the structure so occupied, and any such structure may be restored or repaired in the event of partial destruction thereof, in accordance with the following requirements.

No nonconforming use shall be expanded, increased or extended to occupy a greater area of land.

No structure containing a nonconforming use shall be enlarged, extended, constructed, reconstructed or structurally altered in any manner without an appeal for variance relief. The addition or subtraction of lands associated with a structure containing a nonconforming use shall require variance approval pursuant to N.J.S.A. 40:55D-70d.

Structural alterations, internal rearrangements, renovations and/or structural additions may be made to a nonconforming structure provided the structure does not contain a nonconforming use and provided such alterations, rearrangements, renovations and/or additions do not exacerbate the nonconforming condition and otherwise fully comply with the requirements of this chapter.

Repairs and maintenance work required to keep a structure in sound condition may be made to a nonconforming structure or to a structure containing a nonconforming use provided no such repairs or maintenance work shall increase the nonconformity in any manner and shall otherwise fully comply with the requirements of this chapter.

Should any nonconforming structure, except for a detached single-family dwelling unit, or any structure containing a nonconforming use be destroyed by any means by at least fifty percent (50%) as determined by the Construction Official, it shall not be reconstructed except in conformity with the provisions of this chapter. Any nonconforming single-family detached dwelling unit which was destroyed more than fifty percent (50%) may be rebuilt or restored provided the following conditions are met:

The reconstruction commences within one (1) year after the destruction of the single-family dwelling unit and is completed within two (2) years after the destruction. If the reconstruction is not completed within two (2) years, then the reconstruction must be in conformity with the provisions of this chapter;

The footprint and the height remain unchanged or are smaller than the original structure;

The building setbacks remain unchanged or are greater than the original structure.

Reconstruction of a nonconforming structure or structure containing a nonconforming use that is destroyed less than fifty percent (50%) may be restored to its prior condition provided that it may not enlarge the previously existing nonconformance.

Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any condition which has been declared unsafe by the Code Enforcement Officer.

Nonconforming Lots. No lot that is nonconforming with regard to the minimum lot area or dimensional requirements shall be further reduced in size or modified so as to increase the nonconforming dimensional condition.

Abandonment. A nonconforming use shall be considered abandoned if such nonconforming use is terminated by the owner. If the owner fails to use the property for a period of twelve (12) consecutive months, it shall be determined to be abandoned; thereafter, such building, structure and/or land shall not be used in a nonconforming manner.

Reversion. No nonconforming use shall, if once changed into a conforming use, be changed back again into a nonconforming use.

Residential Driveway Entrances, Driveways and Parking Areas. Any existing nonconforming residential driveway entrance, driveway or parking area may be continued upon the lot, and any such nonconforming residential driveway entrance, driveway or parking may be repaired or maintained unless the existing primary residence is demolished or the building impervious coverage is increased in size by more than one thousand (1,000) square feet. However, no repair or maintenance work shall expand the nonconformity in any manner.

Lots Not Conforming with Lot Depth, Lot Width and Lot Frontage Requirements. As of the effective date of this chapter, any pre-existing, developed lot shall not be subject to the newly created standards for lot depth and/or to the newly created standards for lot frontage and/or lot width applicable to corner lots herein set forth unless the owner or developer of such lot shall file a Deed of subdivision for conforming lots or apply for subdivision approval of such pre-existing lot.

28-404 "R-R" RURAL SINGLE-FAMILY RESIDENTIAL.

[Ord. No. OR:09/01 § 28-404; Ord. No. 2018-17 § 1]

Principal Permitted Uses on the Land and in Buildings.

Detached single-family dwelling units.

Farms, provided that said use shall have a minimum lot area of five (5) acres.

Public and private nonprofit schools.

Public playgrounds, conservation areas, parks, open space and public purpose uses.

Houses of worship.

Golf courses provided said use shall have a minimum of one hundred (100) acres.

Membership swim clubs as a conditional use.

Accessory Uses Permitted.

Accessory structures in accordance with § 28-401.

Private residential swimming pools, bathhouses, cabanas or other structures customarily incidental to a private swimming pool, provided that the pool is located in the rear yard only, is no closer than twenty (20) feet to any lot line and occupies no more than seventy-five percent (75%) of the rear yard area.

Private tennis courts and other usual recreational facilities and landscaping features, such as trellises and gazebos, customarily associated with residential dwelling units.

Residential tool sheds not exceeding twelve (12) feet in height and/or four hundred (400) square feet in total area used for only the storage of objects owned by the residents of the property.

Off-street parking and private residential garages, either attached or detached.

Fences and walls in accordance with § 28-502.

Signs in accordance with § 28-504.

(Reserved)

[Ord. No. 2018-17 § 1]

Professional resident home offices in accordance with § 28-401C.

Maximum Building Height.

No principal building shall exceed thirty-five (35) feet in height and two and one-half (2 1/2) stories.

Houses of worship shall not exceed thirty-five (35) feet and two and one-half (2 1/2) stories except as permitted in § 28-401D of this chapter.

Area and Yard Requirements for the R-R District.

	Detached Dwelling Units	Houses of Worship & Schools
Principal Building
Minimum
Lot Area	60,000 s.f.	10 ac.
Lot Frontage	100'	200'
Lot Width	150'	200'
Lot Depth	200'	300'
Front Yard	50'	75'
Side Yard - one (both)	15'(50')	50'
Rear Yard	35'	100'
Accessory Building
Minimum
Distance to Side Line	10'	50'
Distance to Rear Line	10'	50'
Distance to Other Building	20'	20'
Maximum
Building Coverage	15%	15%
Lot Coverage	25%	25%
Minimum Net Habitable Floor Area	2,000 s.f.	N.A.

Off-Street Parking.

See § 28-503 for parking requirements.

28-405 "R-A" SINGLE-FAMILY RESIDENTIAL AND "R-B" SINGLE-FAMILY RESIDENTIAL.

[Ord. No. OR:09/01 § 28-405]

Principal Permitted Uses on the Land and in Buildings.

Detached single-family dwelling units.

Public and private nonprofit schools.

Public playgrounds, conservation areas, parks, open space and public purpose uses.

Houses of worship.

Accessory Uses Permitted.

Accessory structures in accordance with § 28-401.

Private tennis courts and other usual recreational facilities and landscaping features, such as trellises and gazebos, customarily associated with residential dwelling units.

Residential tool sheds for the storage of objects owned by the residents of the property, each not exceeding four hundred (400) square feet in area and twelve (12) feet in height.

Off-street parking and private residential garages, either attached or detached.

Fences and walls in accordance with § 28-502.

Signs in accordance with § 28-504.

Professional resident home offices in accordance with § 28-401C.

Maximum Building Height.

No principal building shall exceed thirty-five (35) feet in height and two and one-half (2 1/2) stories.

Houses of worship shall not exceed thirty-five (35) feet in height and two and one-half (2 1/2) stories except further as permitted in § 28-401D of this chapter.

Area and Yard Requirements for the R-A and R-B Districts.

	Detached Dwelling Units
	R-A	R-B	Houses of Worship	Schools
Principal Building
Minimum
Lot Area	20,000 s.f.	15,000 s.f.	10ac.	10ac.
Lot Frontage	100'	75'	200'	300'
Lot Width	100'	75'	200'	300'
Lot Depth	150'	150'	300'	600'
Front Yard	50'	35'	100'	100'
Side Yard - one (both)	12'(36')	8'(18')	50'	100'
Accessory Building
Rear Yard	35'	35'	100'	100'
Accessory Building Minimum
Distance to Side Line	10'	10'	50'	50'
Distance to Rear Line	10'	10'	50'	50'
Distance to Other Building	20'	20'	20'	50'
Maximum
Building Coverage	15%	20%	15%	8%
Lot Coverage	25%	30%	25%	25%
Minimum Net Habitable Floor Area	1,500 s.f.	1,500 s.f.	1,500 s.f.	N.A.

Off-Street Parking

See § 28-503 for parking requirements.

28-406 "B-A" NEIGHBORHOOD BUSINESS.

[Ord. No. OR:09/01 § 28-406]

Principal Permitted Uses on the Land and in Buildings.

Retail business activities of the following type:

Groceries, foodstuffs and dry goods.

Package liquors.

Drugs and pharmaceuticals.

Confectionery and bakery.

Funeral parlor.

Florist and gardening supplies.

Stationery.

Hardware and paints.

Radio and television sales and repair services.

Books and tobacco.

Periodicals and newspapers.

Antiques.

Barber and beauty shops.

Tailoring and dressmaking.

Dry-cleaning collection, but not processing.

Shoe repair.

Computers and telecommunications accessory sales and repairs.

Banks.

Professional offices, photographic studios and real estate offices.

Restaurants and cafes, provided that no food is consumed out of doors.

Accessory Uses Permitted.

Off-street loading and parking and private nonresidential garages, either attached or detached.

Storage buildings not exceeding two hundred (200) square feet in size and fifteen (15) feet in height.

Fences and walls in accordance with § 28-502.

Signs in accordance with § 28-504.

Maximum Building Height.

No principal building shall exceed thirty-five (35) feet in height and two and one-half (2 1/2) stories.

No accessory building located within the principal building envelope shall exceed twenty-five (25) feet in height and two (2) stories.

No accessory building located outside the principal building envelope shall exceed fifteen (15) feet in height and one (1) story.

Area and Yard Requirements for the B-A District.

	Individual Uses
Principal Building
Minimum
Lot Area	10,000 s.f.
Lot Frontage	100'
Lot Width	100'
Lot Depth	75'
Front Yard	30'
Side Yard - one (both)	5'(15')
Rear Yard	25'
Accessory Building
Minimum
Distance to Side Line	5'
Distance to Rear Line	10'
Distance to Other Building	20'
Maximum
Building Coverage	30%
Lot Coverage	70%
Minimum Net Habitable Floor Area	1,000 s.f.

General Requirements.

One (1) building may contain more than one (1) use provided that the total building coverage and lot coverage of the combined uses does not exceed the maximums specified for the district and, further, that each use occupies a minimum gross floor area of five hundred (500) square feet.

Unless otherwise specifically approved by the Board as part of a site plan application, no merchandise, product, equipment or similar material or objects shall be displayed or stored outside. Where merchandise, products, equipment or similar material or objects are approved by the Board to be displayed or stored outside, the materials shall be suitably screened to be obscured from view from adjacent residential uses and must be situated within the property lines of the principal use.

All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or plantings and maintained in good condition.

All buildings shall be compatibly designed whether constructed all at one (1) time or in stages over a period of time. All building walls facing any street or residential use or district shall be suitably finished for aesthetic purposes and shall be compatible in design and scale to the surrounding residential areas.

The minimum setback area shall include a landscaped buffer strip of twenty (20) feet in width along any common property line with a residential district or use. Where topography, tree growth or other natural or man-made features exist to provide adequate year-round separation of residential and business uses, the Board may waive the buffer screening requirement.

At least the first five (5) feet adjacent to any lot line shall not be used for parking and loading and shall be planted and maintained in lawn areas or ground cover and landscaped with evergreen shrubbery.

Off-Street Parking and Loading. Parking spaces and loading areas shall be provided for each use in accordance with the requirements of § 28-503 and the design standards in Article 28-600.

28-407 "B-B" PROFESSIONAL AND OFFICE.

[Ord. No. OR:09/01 § 28-407]

Principal Permitted Uses on the Land and in Buildings.

Offices of professional occupations, including but not limited to, the offices of a physician, bookkeeper, surgeon, dentist, minister, architect, engineer, lawyer and accountant.

Photography studios.

Offices of an insurance agent, real estate broker, travel agent and stockbroker.

Funeral parlor.

Accessory Uses Permitted.

Off-street loading and parking and private nonresidential garages, either attached or detached.

A storage building not exceeding two hundred (200) square feet in size and fifteen (15) feet in height.

Fences and walls in accordance with § 28-502.

Signs in accordance with § 28-504.

Maximum Building Height.

No principal building shall exceed thirty-five (35) feet in height and two and one-half (2 1/2) stories.

No accessory building located within the principal building envelope shall exceed twenty-five (25) feet in height and two (2) stories.

No accessory building located outside the principal building envelope shall exceed fifteen (15) feet in height and one (1) story.

Area and Yard Requirements for the B-B District.

	Individual Uses
Principal Building
Minimum
Lot Area	30,000 s.f.
Lot Frontage	150'
Lot Width	150'
Lot Depth	100'
Front Yard	25'
Side Yard - one (both)	5'(20')
Rear Yard	25'
Accessory Building
Minimum
Distance to Side Line	5'
Distance to Rear Line	10'
Distance to Other Building	20'
Maximum
Building Coverage	30%
Lot Coverage	70%
Minimum Net Habitable Floor Area	1,000 s.f.

General Requirements.

All buildings shall be compatibly designed whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes and shall be compatible in design and scale to the surrounding residential areas. All buildings shall have a gable, hip, gambrel or mansard roof (or other dual pitched, single ridge roof).

Off-Street Parking and Loading.

Parking spaces and loading areas shall be provided for each use in accordance with the requirements of § 28-503 and the design standards in Article 28-600.

28-408 "B-C" HIGHWAY COMMERCIAL.

[Ord. No. OR:09/01 § 28-408]

Principal Permitted Uses on the Land and in Buildings.

Retail business activities of the following type:

Groceries, foodstuffs and dry goods.

Package liquors.

Drugs and pharmaceuticals.

Confectionery and bakery.

Funeral parlor.

Florist and gardening supplies.

Stationery.

Hardware and paints.

Radio and television sales or repair services.

Books and tobacco.

Periodicals and newspapers.

Antiques.

Barber and beauty shops.

Tailoring and dressmaking.

Dry-cleaning collection, but not processing.

Shoe repair.

Computers and telecommunications accessories, sales and services.

Banks.

Professional offices, real estate and travel agent offices and general business offices of similar professional and service occupations.

Photographic studios.

Restaurants and cafes, provided that no food is consumed out of doors.

General service businesses, except that no sales, storage, or rental of goods or material shall be permitted.

Funeral parlors.

Service stations as a conditional use.

Accessory Uses Permitted.

Off-street loading and parking and private nonresidential garages, either attached or detached.

Storage buildings not exceeding two hundred (200) square feet in size and fifteen (15) feet in height.

Fences and walls in accordance with § 28-502.

Signs in accordance with § 28-504.

Maximum Building Height.

No principal building shall exceed thirty-five (35) feet in height and two and one-half (2 1/2) stories.

No accessory building located within the principal building envelope shall exceed twenty-five (25) feet in height and two (2) stories.

No accessory building located outside the principal building envelope shall exceed fifteen (15) feet in height and one (1) story.

Area and Yard Requirements for the B-C District.

	Individual Uses
Principal Building
Minimum
Lot Area	30,000 s.f.
Lot Frontage	150'
Lot Width	150'
Lot Depth	100'
Front Yard	30'
Side Yard - one (both)	5'(20')
Rear Yard	25'
Accessory Building
Minimum
Distance to Side Line	5'
Distance to Rear Line	10'
Distance to Other Building	20'
Maximum
Building Coverage	30%
Lot Coverage	80%
Minimum Net Habitable Floor Area	2,000 s.f.

General Requirements.

Off-Street Parking and Loading. Parking spaces and loading areas shall be provided for each use in accordance with the requirements of § 28-503 and the design standards in Article 28-600.

28-409 "H-D" HIGHWAY DEVELOPMENT.

[Ord. No. OR:09/01 § 28-409]

Permitted Principal Uses on the Land and in Buildings.

Retail business activities.

Offices and office buildings.

Banks.

General service businesses, except that no sales, storage or rental of goods or material shall be permitted.

Restaurants and cafes, provided that no food is consumed out of doors.

Indoor theaters.

Indoor recreational uses, such as bowling alleys.

Shopping centers comprised of the preceding uses.

Regional retail shopping complexes on tracts of land at least seventy (70) acres in area in accordance with the applicable provisions of § 28-203 and of this section.

10.

Funeral parlors.

11.

Photographic studios.

12.

Hotels and motels with a minimum of forty (40) units and with at least three (3) stories.

13.

Public utility uses as a conditional use.

Accessory Uses Permitted.

Off-street loading and parking and private nonresidential garages, either attached or detached.

Storage buildings not exceeding four hundred (400) square feet in size and fifteen (15) feet in height.

Fences and walls in accordance with § 28-502.

Signs in accordance with § 28-504.

Employee cafeterias limited in services to the employees of the principal use designated on the site plan as approved by the Board.

Business offices accessory to a permitted principal use.

Usual or customary ancillary uses associated with hotels and motels such as restaurants, cocktail lounges, meeting rooms and recreation uses, provided that all such accessory uses, except for recreation uses, are located within the principal building.

Drive-through windows for restaurants as a conditional use.

Maximum Building Height.

No principal building shall exceed thirty-five (35) feet in height and three (3) stories.

No accessory building located within the principal building envelope shall exceed twenty-five (25) feet in height and two (2) stories.

No accessory building located outside the principal building envelope shall exceed fifteen (15) feet in height and one (1) story.

Area and Yard Requirements for the H-D District.

	Individual Uses	Shopping Centers¹	Hotels and Motels¹
Principal Building
Minimum
Lot Area	100,000 s.f.	10 ac.	4 ac.
Lot Frontage	300'	500'	300'
Lot Width	300'	500'	300'
Lot Depth	200'	500'	300'
Front Yard	75'²	100'	100'
Side Yard one (both)	15'(50')²	100'	100'
Rear Yard	25'²	100'	100'
Accessory Building
Minimum
Distance to Side Line	15'²	100'	40'²
Distance to Rear Line	25'²	100'	50'²
Distance to Other Building	20'	20'	20'
Maximum
Building Coverage	40%	40%	40%
Lot Coverage	80%	75%	80%
Minimum Net Habitable Floor Area	5,000 s.f.	5,000 s.f.	10,000 s.f.³

Notes:
¹	More than one (1) principal building shall be permitted. All buildings shall be separated by a minimum of twenty (20) feet, provided such separation is to be used solely for pedestrian circulation. All buildings shall be separated by a minimum of fifty (50) feet where any part of such separation is to be used for parking or vehicular circulation. However, the separation requirements should not be construed to prohibit covered pedestrian walkways when the roof or covering of such walkway extends between the buildings.
²	Or not less than one hundred (100) feet from any side where a lot abuts a residential district.
³	Exclusive of hallways and common areas.

General Requirements.

All buildings shall be compatibly designed whether constructed all at one (1) time or in stages over a period of time. All building walls facing any street or residential use or district line shall be suitably finished for aesthetic purposes, which shall not include unpainted or painted cinder block or concrete block walls.

No hotel or motel shall contain less than forty (40) units of accommodations. A permanent on-site superintendent's apartment of living quarters shall be permitted within a hotel or motel and shall not be included in the calculation of the number of units.

Each hotel and motel unit of accommodation shall provide a minimum of two (2) rooms; a bedroom and a separate bathroom. Each unit of accommodation shall contain a minimum floor area of two hundred fifty (250) square feet. No hotel or motel unit, except for the on-site superintendent's apartment, shall provide cooking facilities of any kind, excluding a microwave oven and coffee maker. There shall be a residency limitation on all guests of thirty (30) days maximum, provided that the residency limitation shall not apply to an employee living on the premises.

Where a use in the H-D District abuts a residential use or district, the minimum setback for any use, structure, parking or loading area, driveway or roadway shall be one hundred (100) feet, except that existing access roads are exempt if the roads are hundred (100) feet, except that existing access roads are exempt if the roads are utilized at the time of the adoption of this chapter to serve an existing permitted use. The minimum setback area shall include a landscaped buffer strip of sixty (60) feet in width along any common property line with a residential district or use.

At least the first twenty-five (25) feet adjacent to any street line and fifteen (15) feet adjacent to any lot line shall not be used for parking or loading and shall be planted and maintained in lawn area or ground cover and landscaped with evergreen shrubbery. A landscaped screening shall be required along the side and rear property lines to reduce the noise beyond the lot and to obscure headlights and site lighting and vision of the business activity.

Off-Street Parking and Loading. Parking spaces and loading areas shall be provided for each use in accordance with the requirements of § 28-503 and the design standards in Article 28-600.

Regional Retail Shopping Complex.

The minimum tract size shall be seventy (70) acres, with at least one thousand (1,000) feet of frontage along United States Highway Route 22.

Adjacent vacant land in the R-R Rural Single-Family Residential Zoning District which is under the same ownership as the land within the H-D Highway Development Zoning District proposed for the regional retail shopping complex may be consolidated with the lands in the H-D Zoning District for the purposes of floor area ratio and lot coverage calculations only, subject to the following:

No development shall be permitted upon any lands within the R-R Zoning District except for regrading and/or the installation of any utility infrastructure as may be approved by the Board having jurisdiction during its review of the submitted site plan; and

Any removal of existing vegetation upon any lands within the R-R Zoning District as a result of any approved regrading and/or utility infrastructure installation shall require that the applicant submit a restoration landscaping plan for review and approval by the Board having jurisdiction.

Except for allowances for emergency vehicular access as may be required by the Board having jurisdiction during its review of the submitted site plan, vehicular access to the site shall be restricted to United States Highway Route 22.

A regional retail shopping complex may include any combination of the following individual uses: any use engaged in the retail sale of goods and/or services; banks, including drive-in facilities; offices; restaurants; theaters; and any use of the land or buildings by the Borough of Watchung or any officially created authority or agency thereof.

The maximum floor area ratio shall be 0.30 and the maximum aggregate lot coverage of the lot by buildings, structures, parking areas, walkways and driveways shall be seventy percent (70%).

The minimum front yard building setback shall be seventy-five (75) feet, provided that the front yard building setback may be reduced to fifteen (15) feet where the Blue Star Drive conservation easement owned by the State of New Jersey separates the subject tract and the developable portion of the Route 22 right-of-way by a distance of at least seventy-five (75) feet and where adequate emergency vehicular access is provided.

The minimum front yard parking setback shall be twenty-five (25) feet, provided that the front yard parking setback may be reduced to five (5) feet where the Blue Star Drive conservation easement owned by the State of New Jersey separates the subject tract and the developable portion of the Route 22 right-of-way by a distance of at least twenty-five (25) feet.

The minimum rear yard building and parking setback shall be twenty-five (25) feet, provided that the rear yard building and parking setback may be reduced to zero (0) feet where the lands to be developed in the H-D Zoning District abut vacant lands under the same ownership in the R-R Zoning District which shall remain under the same ownership, which are at least twenty-five (25) feet deep and which have been consolidated for the purposes of floor area ratio and lot coverage calculations in accordance with this chapter.

More than one (1) principal building shall be permitted, provided that all buildings are separated by a minimum of twenty (20) feet when the separation area is to be used solely for pedestrian circulation or by a minimum of fifty (50) feet when any portion of the separation area is to be used for parking and/or vehicular circulation.

10.

The maximum height of all buildings shall be thirty-five (35) feet, provided that, subject to review and approval by the Board having jurisdiction, skylights, cupolas, decorative towers, flagpoles, and penthouses or parapets for the housing and/or screening of stairways, ventilating fans, air conditioning equipment or other similar equipment required for the operation and maintenance of the building, may be erected above the thirty-five (35) foot maximum building height, but in no case more than seven (7) feet above the thirty-five (35) foot maximum building height.

11.

Restaurants and theaters shall be provided parking at the ratio of one (1) space per every three (3) seats; all other uses shall be provided parking at the ratio of four and one-half (4 1/2) parking spaces per one thousand (1,000) square feet of net habitable floor area.

12.

No merchandise, products, waste, equipment or similar material or objects shall be displayed or stored outside, except that up to twenty percent (20%) of the gross floor area of a building occupied by a single tenant may be unroofed if used for the storage of material offered for sale within the building or for the sales area for plants and garden supplies, provided that the unroofed area shall be completely walled and appear from the outside to be part of the roofed portion of the building.

13.

All parking areas and walkways thereto and appurtenant passageways and driveways shall be adequately illuminated for security and safety purposes according to the following:

Lighting shall be provided by sodium vapor fixtures with a mounting height not more than twenty-five (25) feet.

The lighting fixtures shall include non-glare, recessed lens lights focused downward in order to mitigate against adverse impacts upon adjacent and nearby residential properties, the safety of the traffic along adjacent roadways, and overhead sky glow.

Except for lighting determined by the Board having jurisdiction to be necessary and/or advisable for security purposes, all other lighting shall be on circuit timers and shall be automatically turned off after business hours.

A lighting plan shall be submitted indicating the location, direction of illumination, hours of operation, power and isolux curves for each fixture, including details of the lighting poles and the luminaires.

14.

The development fees provided herein to be imposed upon developers of a Regional Retail Shopping Complex in the H-D Highway Development Zoning District shall be collectable from said developers only upon receipt by the Borough of Substantive Certification from COAH for the Borough's Housing Plan Element and Fair Share Plan. All development applications submitted or approvals granted prior to the receipt by the Borough of Substantive Certification from COAH shall be conditioned upon the developer or its successors and assigns paying said development fees in accordance with the provisions of this chapter. In accordance with the Substantive Rules of COAH, the development of a Regional Retail Shopping Complex shall be assessed a development fee equal to two percent (2%) of the equalized assessed value of the development, provided the following:

The total development fee collected from any one site plan application for development approved by the Planning Board shall not exceed four hundred fifty thousand ($450,000.00) dollars.

Fifty percent (50%) of the estimated fee for the specific development shall be collected prior to and as a condition of the issuance of each building permit in the Regional Retail Shopping Complex; the remaining fifty percent (50%) of the development fee shall be collected prior to and as a condition of the issuance of a certificate of occupancy of each such building.

Within one (1) month after the issuance of a certificate of occupancy for each building in the Regional Retail Shopping Complex, the final equalized assessed value of the subject building shall be determined by the Tax Assessor of the Borough.

If the final equalized assessed value is greater than the estimated equalized assessed value, the developer shall, within ten (10) business days from receipt of notification, pay the difference between the development fees required to be paid and the estimated development fees actually paid.

If the final equalized assessed value is less than the estimated assessed value, the developer shall promptly be refunded the difference between the estimated development fees actually paid and the development fees required to be paid.

Any developer who has obtained a building permit and/or a certificate of occupancy prior to the granting of Substantive Certification shall pay the development fees due under this chapter within five (5) days after the developer has received written notice from the Borough that Substantive Certification has been received.

15.

All of the other requirements of this chapter governing development within the H-D Highway Development Zoning District which are not contrary to the provisions specified in this section shall be met.

28-410 (RESERVED)"O-C" OFFICE BUSINESS/CONFERENCE CENTER OVERLAY DISTRICT. [1]

[1]

Editor's Note: Former § 28-410, "O-C" Office Business/Conference Center Overlay District, Ord. No. OR:09/01, was repealed 5-16-2019 by Ord. No. 19/10.

28-411 "QU" QUARRY.

[Ord. No. OR:09/01 § 28-411; Ord. No. 2016-06 § 4]

Permitted Principal Uses on the Land and in Buildings.

Quarrying, handling and processing of stone, sand and gravel, including transportation and storage, crushing, grinding, pulverizing and processing of raw materials and is limited to:

All buildings, machinery and other facilities necessary to conduct permitted uses.

Mixing or batching plant for concrete.

Manufacture of pre-stressed concrete, bituminous concrete, dry concrete mixes and other concrete products.

Buildings and facilities for the repair and storage of motor vehicles and equipment used in permitted operations.

The recycling of concrete and asphalt materials.

Accessory Uses Permitted.

Uses and structures customary and incidental to the principal use; including but not limited to storage buildings, garages and toolhouses.

Fences and walls in accordance with § 28-502. Notwithstanding § 28-502M, fences shall be permitted within required buffers pursuant to § 28-609M.

Signs in accordance with § 28-504.

Maximum Building Height.

No principal building shall exceed thirty-five (35) feet in height.

No accessory building located within the principal building envelope shall exceed thirty-five (35) feet in height.

No accessory building located outside the principal building envelope shall exceed fifteen (15) feet in height.

Area and Yard Requirements for the QU District.

	Individual Uses
Minimum
Lot Area	100,000 s.f.
Lot Frontage	200'
Lot Width	200'
Lot Depth	300'
Maximum
Building Coverage	20%
Lot Coverage	40%
Minimum New Habitable Floor Area	5,000 s.f.

Other Requirements and Regulations.

Buffer Area and Building Setback Requirement. Buffer areas shall be provided around the perimeter of the quarry as depicted on Figure 5, Required Minimum Width of Buffers in QU Zone, which depicts the following minimum required buffers measured from the nearest edge of pavement of the adjoining roadway: 130 feet along Bonnie Burn Road (except along lot 6 where the buffer shall be 250 feet); 100 feet along Valley Road and 30 feet along New Providence Road. Such area shall not be quarried and shall contain no development, principal or accessory building or use. A maintenance roadway shall be permitted in the buffer area along Bonnie Burn Road but shall be located no less than 100 feet from the edge of the of pavement of Bonnie Burn Road, which shall be increased to no less than 220 feet along lot 6. The screening indicated in § 28-609M shall also be permitted within the buffer. Also permitted within the buffer shall be an access road, which shall be as nearly as perpendicular as practicable to the adjoining roadway and approved by the Board having jurisdiction, which shall give due consideration to the design of the road, its effect on existing Borough roads and residential areas, suitable traffic safety conditions and the type and burden of traffic that will result. All interior roads shall be maintained at all times so as to be kept free of dust. No quarrying shall be permitted on lots in Block 78.01.

Landscaping Requirement. In order to protect the well-being of adjacent properties and districts and to minimize the effects of the district upon the neighborhood and the Borough, the required buffer shall comply with the quarry design standards of § 28-609M, Buffer Design Standards in Quarry Zone.

Parking Setback. Existing off-street parking on Lot 4 located within the required buffer area indicated in Subsection 28-411E1 shall be permitted to remain. However, no new or expanded off-street parking area shall be constructed in the zone unless in compliance with Subsection 28-411E1.

Site Plan Approval Required. Site plan approval shall be obtained prior to the commencement of any new quarry activity that extends within 100 feet of the buffer areas required in Subsection 28-411E1 and prior to the commencement of any quarry activity on lot 6. The site plan submittal shall contain all information necessary for the Board having jurisdiction to determine compliance with this section and § 28-609M, Buffer Design Standards in Quarry Zone. Specifically, the application shall include the information required by § 28-609B, Landscape Plan Required, and shall include all information required for Preliminary and Final Major Site Plans including but not limited to items 32, 33 and 39 in the Preliminary Major Application Checklist. The Board having jurisdiction may waive submittal of information deemed not relevant to the application. The landscape plan shall be prepared by a landscape architect certified by the New Jersey State Board of Landscape Architects.

Off-Street Parking and Loading. Off-street parking and loading shall be provided in accordance with the requirements of § 28-503. All parking and loading areas shall be designed in accordance with and the design standards in Article 28-600.

Enforcement. Enforcement shall be addressed by Article 28-1200. In order to ensure compliance with this ordinance including ensuring no quarrying within the required buffer areas, the Borough retains the right to conduct inspection by Borough staff and/or to require certification by the operator of the quarry.

28-412 "R-M-L I" MULTI-FAMILY AFFORDABLE HOUSING.

[Ord. No. OR:09/01 § 28-412]

Principal Permitted Uses on the Land and in Buildings. Multi-family residential attached and/or detached dwelling units including congregate care units. A congregate care unit shall be deemed a residential unit for the purposes of determining the permitted density. This zone shall allow two hundred eighty (280) residential rental units which are based upon fourteen (14) units per acre, on condition that at least forty (40) units shall be low and moderate income rental units.

Accessory Uses Permitted.

Uses and structures customary and incidental to the principal permitted use including, but not limited to private residential garages, swimming pools, tennis courts, greenhouses, cabanas, bathhouses, or other structures incidental to a swimming pool and/or tennis courts.

Fences and walls in accordance with § 28-502.

Signs in accordance with § 28-504.

Maximum Building Height. No building shall exceed thirty-five (35) feet in height and three (3) stories.

Maximum Number of Dwelling Units Permitted. This maximum number of units permitted shall be three hundred (280) residential units which is based upon fourteen (14) units per acre, provided that at least forty (40) units shall be reserved for occupancy by low and moderate income households, all of which shall be made available as rental units.

Area, Yard and Other Requirements for the R-M-L I District.

No building or structure shall be located closer than fifty (50) feet from the right-of-way line of any existing street or twenty (20) feet from any sideline.

The minimum number of dwelling units in a building shall be four (4) and the maximum number of dwelling units in a building shall be twenty-four (24), except that the number of units in a congregate care building may exceed twenty-four (24).

The minimum net habitable floor area per dwelling unit shall be six hundred fifty (650) square feet, except that congregate care units shall comply with New Jersey Housing and Mortgage Finance Agency (NJHMFA) standards.

The maximum building coverage: thirty percent (30%).

All portions of the tract not utilized by buildings or paved surfaces shall be landscaped, utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage, and the planting of conifers and/or deciduous trees native to the area in order to either maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas.

Architectural building elevations and floor plans for each typical building shall be submitted as part of the site plan application.

Roadways, Off-Street Parking and Private Residential Garages.

No on-street parking shall be permitted.

Off-street parking may be permitted under or within a building structure provided that the building shall not exceed the maximum building height.

Number of Required Parking Spaces per Unit: Two (2) spaces; except congregate care units: one and five-tenths (1.5) spaces. A garage space shall be deemed one (1) parking space, and a driveway having a minimum paved area of one hundred eighty (180) square feet shall also be deemed a parking space.

No parking area or driveway shall be located within ten (10) feet of any side property line.

Off-Street Loading/Solid Waste Disposal. Adequate trash, recycling, and garbage pickup containers shall be provided within a totally enclosed area(s) and located in a manner so as to be obscured from view from parking areas, streets and adjacent residential uses by a fence, wall, planting or combination of the three (3).

28-413 "R-M-L II" ONE-FAMILY RESIDENTIAL.

[Ord. No. OR:09/01 § 28-413; Ord. No. OR:11/13 §§ 2—4]

Principal Permitted Uses on the Land and in Buildings.

Detached single-family dwelling units, provided that a maximum of twenty-one (21) dwelling units may be permitted.

Accessory Uses Permitted.

Fences and walls in accordance with § 28-502.

Signs in accordance with § 28-504.

Professional resident home offices in accordance with § 28-401C.

Maximum Building Height. No principal building shall exceed thirty-five (35) feet in height.

Area and Yard Requirements for the R-M-L II District.

	Detached Dwelling Units
Principal Building
Minimum
Lot Area	40,000 s.f.
Lot Frontage	100'
Lot Width	150'
Front Yard	50'
Side Yard - one (both)	17' (34')
Rear Yard	65'
Accessory Building
Minimum
Distance to Side Line - one (both)	17' (34')
Distance to Rear Line	35'
Maximum Building Coverage	17.5%
Minimum Net Habitable Floor Area	2,000 s.f.
Maximum Lot Coverage	25%

General Requirements.

A conservation easement not less than thirty-five (35) feet in width along the entire perimeter of the R-M-L II zoning district, except along the southerly border of the tract, wherein the width of the conservation easement shall be thirty-five (35) feet, or the distance between the southerly border of the district and the stream which traverses the district, whichever distance is greater. Said conservation easement and permitted uses as herein described shall be part of a deed restriction to be recorded in the Somerset County Clerk's office, and shall be considered as a condition of any developmental approval of the lands that are the subject matter of this zoning district. Said deed restriction and restrictive covenant shall run with the land and be enforceable by the Borough as well as the owners of property within two hundred (200) feet of said district. No construction, soil disturbance, or tree removal shall be permitted within the confines of the easements, subject to the right of the jurisdiction to set forth standards as proceeding for developmental approval to:

Allow for a sight easement at the intersection of Bonnie Burn Road and the access road servicing any lands to be developed;

Allow for the installation of a water retention and/or detention facility within that part of the conservation easement that is adjacent and parallel to Bonnie Burn Road; and

Allow any property owner through whose lands the conservation easement traverses to maintain the easement area and permit the removal of dead trees, always bearing in mind that the purpose of the conservation easement is to provide a natural buffer area between the development of this district and adjoining property owners. The standards and conditions set forth herein governing the development of this district shall deem to be restrictive covenants, and same shall be a condition of any developmental approval that said restrictive covenant shall be incorporated by reference in any deed of conveyance of the property, or any part thereof. Any application to the Planning Board and/or Board of Adjustment of the Borough for relief from the restrictions herein set forth must be upon notice to property owners within two hundred (200) feet of the perimeter lines of the zone district.

All residential dwellings shall be connected to and serviced by a public sewer system.

No street or cul-de-sac, right-of-way, or any part thereof shall be located less than thirty-five (35) feet from the perimeter property line of the tract except as permitted by § 28-413E1a above.

All other provisions and standards required under paragraph B of the "Developers Mount Laurel Agreement" dated the 25th day of August, 1988, which Developers Agreement has been recorded in the office of the Clerk of Somerset County, same having been approved by the Borough Council of the Borough of Watchung and the New Jersey Council on Affordable Housing, shall be considered as additional standards and conditions of the within designated zone.

Off-Street Parking.

See § 28-503 for parking requirements.

28-414 "R-M-L III" ONE-FAMILY RESIDENTIAL.

[Ord. No. OR:09/01 § 28-414]

Principal Permitted Uses on the Land and in Buildings.

Detached single-family dwelling units, provided that a maximum of twelve (12) dwellings may be permitted.

Accessory Uses Permitted.

Fences and walls in accordance with § 28-502.

Signs in accordance with § 28-504.

Professional resident home offices in accordance with § 28-401C.

Maximum Building Height. No principal building shall exceed thirty-five (35) feet in height.

Area and Yard Requirements for the R-M-L III District.

	Detached Dwelling Units
Principal Building
Minimum
Lot Area	40,000 s.f.
Lot Frontage	100'
Lot Width	125'
Front Yard	50'
Side Yard - one (both)	15' (30')
Rear Yard	35'
Accessory Building
Minimum
Distance to Side Line - one (both)	15' (30')
Distance to Rear Line	35'
Maximum Building Coverage	17.5%
Minimum Net Habitable Floor Area	2,000 s.f.

General Requirements.

No structure, appurtenance, pavement or any other disturbance of natural conditions shall be permitted within thirty-five (35) feet of the side or rear property lines of each subdivided lot resulting from any developmental approval of the lands in the within district, where such a side or rear property line borders on a single-family lot in existence before August 25, 1988. Said thirty-five (35) foot buffer shall be in the form of a dedicated conservation easement along the perimeter lines of the tract. Said conservation easement and permitted uses as provided for in this zone district, and as above set forth, shall be part of a deed restriction to be recorded in the Somerset County Clerk's office, and shall be considered as a condition of any developmental approval of the lands that are the subject matter of this zone district. Said deed restriction and restrictive covenant shall run with the land and be enforceable by the Borough as well as owners of properties listed on Schedule 1 annexed to the "Developers Mount Laurel Agreement" hereinafter referred to. It is the intended purpose of said conservation easement that no structure, appurtenance, pavement or any other disturbance of natural conditions may be placed or permitted within said easement, subject only to the approved exceptions by the Board having jurisdiction wherein a lot owner through which the easement traverses shall have the right to maintain the easement, remove dead trees, bearing in mind that the intent and purpose of the conservation easement is to maintain a natural buffer between the subdivided lots on the lands which are the subject matter of the within zoning district and adjoining property owners.

All residential dwellings shall be connected to and serviced by a public sewer system.

No street, cul-de-sac, right-of-way, or any part thereof shall be located less than fifty (50) feet from the perimeter property line of the zone district.

All other provisions and standards required under paragraph C of the "Developers Mount Laurel Agreement" dated the 25th day of August, 1988, which Developers Agreement has been recorded in the office of the clerk of Somerset County, same having been approved by the Borough Council of the Borough of Watchung and the New Jersey Council on Affordable Housing, shall be considered as additional standards and conditions of the within designated zone.

Off-Street Parking.

See § 28-503 for parking requirements.

28-415 "R-M-L IV" ONE-FAMILY RESIDENTIAL.

[Ord. No. OR:09/01 § 28-415]

Principal Permitted Uses on the Land and in Buildings. Detached single-family dwelling units, provided that a maximum of twenty-six (26) dwelling units may be permitted.

Accessory Uses Permitted.

Fences and walls in accordance with § 28-502.

Signs in accordance with § 28-504.

Professional resident home offices in accordance with § 28-401C.

Maximum Building Height. No principal building shall exceed thirty-five (35) feet in height.

Area and Yard Requirements for the R-M-L IV District.

	Detached Dwelling Units
Principal Building
Minimum
Lot Area	40,000 s.f.
Lot Frontage	100'
Lot Width	150'
Lot Depth	200'
Front Yard	50'
Side Yard - one (both)	15' (50')
Rear Yard	35'
Accessory Building
Minimum
Distance to Side Line - one (both)	10' (20')
Distance to Rear Line	10'
Maximum Building Coverage	17.5%
Minimum Net Habitable Floor Area	2,000 s.f.

General Requirements. All other provisions and standards required under paragraph D of the "Developers Mount Laurel Agreement" dated the 25th day of August, 1988, which Developers Agreement has been recorded in the office of the Clerk of Somerset County, same having been approved by the Borough Council of the Borough of Watchung and the New Jersey Council on Affordable Housing, shall be considered as additional standards and conditions of the within designated zones.

Off-Street Parking.

See § 28-503 for parking requirements.

28-416 "R-M-L V" MULTI-FAMILY HOUSING.

[Ord. No. OR:09/01 § 28-416]

Principal Permitted Uses on the Land and in Buildings. Multi-family residential attached and/or detached dwelling units. This zone is intended to confirm by rezoning this district to conform to the variance granted by the Board of Adjustment or the Borough of Watchung Resolution BA-86-22 dated December 4, 1986.

Accessory Uses Permitted.

Uses and structures customary and incidental to the principal permitted use including, but not limited to, private garages, swimming pools, tennis courts, greenhouses, cabanas, bathhouses or other structures incidental to swimming pools and/or tennis courts.

Off-street parking and private residential garages, either attached or detached.

Fences and walls in accordance with § 28-502.

Signs in accordance with § 28-504.

Maximum Building Height. Thirty-five (35) feet in height or three (3) stories.

Maximum Number of Dwelling Units Permitted. The maximum number of dwelling units permitted shall be computed on the basis of six (6) dwelling units per gross acre of land area within the tract.

Area and Yard Requirements for the R-M-L V District. The height, area, yard, and other standards for this zone are:

Minimum setback distance of any structure from existing street: fifty (50) feet.

Minimum building setback from any property line: twelve (12) feet.

Minimum setback of parking from any property line: twenty-five (25) feet.

Minimum floor area per unit: nine hundred (900) square feet.

Maximum building height: thirty-five (35) feet or three (3) stories.

Minimum number of units per structure: four (4).

Maximum number of units per structure: ten (10).

Minimum distance between structures: twenty (20) feet.

Maximum percent building coverage: thirty percent (30%).

General Requirements.

Floor plans and building elevation plans for each typical development shall be required.

Other standards established in the Borough of Watchung Ordinance for the development of land not inconsistent with the standards contained in the Board of Adjustment approval.

Paved interior roadway: twenty-four (24) feet wide.

All other provisions and standards required under paragraph E of the "Developers Mount Laurel Agreement" dated the 25th day of August, 1988, which Developers Agreement has been recorded in the office of the Clerk of Somerset County, same having been approved by the Borough Council of the Borough of Watchung and the New Jersey Council on Affordable Housing, shall be considered as additional standards and conditions of the within designated zone.

Off-Street Parking.

Minimum total overall parking requirement: two and one-quarter (2 1/4) spaces per unit.

Parking space sizes:

Residential: nine (9) feet by eighteen (18) feet.

Guest: ten (10) feet by twenty (20) feet.

Parking shall be permitted under the building structure.

28-417 "R-M-L VI" SENIOR CITIZEN AFFORDABLE HOUSING.

[Ord. No. OR:09/01 § 28-417; Ord. No. OR:09/12 § 2]

Principal Permitted Uses on the Land and in Buildings. Multi-family residential attached and/or detached dwelling units.

Accessory Uses Permitted.

Open space areas and recreational facilities as approved by the Board having jurisdiction as part of a site plan application for development, provided the following:

Land area equal to a minimum of twenty-five percent (25%) of the total tract of land shall be set aside for open space provided that:

(1)

The calculation of open space area shall not include any improved area, including driveways, sidewalks, structures or parking areas; and

(2)

The calculation of open space area may include the minimum yard area as set forth below to the extent that such area is unimproved; and

(3)

An unimproved area is defined as a portion of land not containing any structures, driveways, parking area or the like, but may include those areas that have been landscaped or provide open recreation areas.

The open space area shall include: existing natural areas, recreational facilities for resident senior citizen occupants and other open areas appropriately landscaped as determined by the Board having jurisdiction.

The developer shall establish a homeowner's association, subject to the approval of the Board having jurisdiction, for the purposes of owning and assuming the maintenance responsibilities for the set aside open space and any improvements thereon.

Off-street parking and private garages, provided the following:

Off-street parking spaces shall be provided as required by RSIS.

Each unit shall have at least one (1) garage.

Parking spaces shall be provided in areas designed specifically for parking and there shall be no parallel or diagonal parking along interior streets.

Fences and/or walls may be constructed as approved by the Board having jurisdiction as part of a site plan application for development.

Maximum Building Height. No building shall exceed thirty-five (35) feet and be more than three (3) stories in height.

Maximum Number of Dwelling Units Permitted. The maximum number of dwelling units permitted shall be computed on the basis of ten (10) dwelling units per gross acre of land area within the tract.

Area and Yard Requirements for the R-M-L VI District.

Minimum setback distance of any structure from existing street: fifty (50) feet.

Minimum building setback from any property line: thirty-five (35) feet.

Minimum setback of parking from any property line: twenty-five (25) feet.

Maximum number of units per structure: ten (10).

Minimum distance between structures shall be as follows:

Side to side distance: twenty (20) feet.

Front to back distance: thirty-five (35) feet.

Back to back distance: thirty-five (35) feet.

Maximum percent building coverage: thirty percent (30%).

Maximum lot coverage: forty-five percent (45%).

A buffer area shall be provided within a property or site, adjacent to and parallel with the property line. The buffer area shall either consist of natural existing vegetation or be landscaped with trees, shrubs and/or earth berms, and/or retaining walls designed to continuously limit the view of and/or sound from the site to adjacent properties. The use of existing vegetation or landscaping shall be subject to the review and approval of the Board having jurisdiction. A fence may also be required by the Board in specified locations. No roadway shall be permitted to cross the buffer area except as necessary to permit access to and from the development. The buffer area shall be a minimum of twenty-five (25) feet deep, generally adjacent to the perimeter lot line and situated within the thirty-five (35) foot setback from the property line.

General Requirements.

The use, ownership and occupancy of dwellings in the R-M-L VI Zoning Districts shall be by persons fifty-five (55) years of age or older only ("permissible occupant"), subject to the following exceptions consistent with the requirements of the Federal Fair Housing Act:

An occupant under fifty-five (55) years of age who is permanently residing with his or her spouse, domestic partner, parent or other family member who is a permissible occupant, provided that any such occupant is nineteen (19) years of age or older and is not enrolled in secondary school.

An individual under fifty-five (55) years of age, if it is established that the presence of such individual is essential to the physical care of one (1) or more of the permissible occupants of the same dwelling, provided that any such individual is nineteen (19) years of age or older and is not enrolled in secondary school.

A surviving spouse, child or other family member of a deceased permissible occupant who was permanently residing with the permissible occupant at the time of his or her death, provided that such person is nineteen (19) years of age or older and is not enrolled in secondary school.

Approval granted to an individual by the developer of property in the R-M-L VI Zoning Districts and/or the property owners' association in compliance with the applicable requirements of the Federal Fair Housing Act.

The R-M-L IV Zoning Districts shall comply with all applicable requirements of the Federal Fair Housing Act, and any amendments thereto, as well as all applicable rules and regulations of the United States Department of Housing and Urban Development ("HUD") regarding such use, ownership, and occupancy, and shall further comply with all applicable HUD rules and regulations for self-certification of compliance with the Federal Fair Housing Act.

Each building shall have an architectural theme designed to provide attractiveness to the development and compatibility with surrounding land uses. All buildings shall have single ridge roof lines and no flat roofs shall be permitted. Architectural elevations and typical floor plans shall be submitted to the Board for its review and approval as part of a submitted site plan application.

All dwelling units shall be connected to approved and functioning public water and sanitary sewer systems prior to the issuance of a certificate of occupancy.

All site improvements shall be constructed in accordance with RSIS.

Affordable Housing Requirements.

Inclusionary developments shall comply with all of the requirements of Article 28-1000.

All market rate units shall be for sale.

Within each inclusionary development, there shall be a set aside (either paragraph a or b below) of affordable housing for low and moderate income households as follows:

Twenty percent (20%) of the total number of units in the project shall be affordable to low- and moderate-income households if units are for sale.

Fifteen percent (15%) of the total number of units in the project shall be affordable to low- and moderate-income households if units are for rent.

28-418 CE CEMETERY.

[Ord. No. OR:09/01 § 28-418]

Principal Permitted Uses on the Land and in Buildings.

Cemeteries.

Accessory Uses Permitted.

Uses and structures customarily incidental to the principal permitted use including, but not limited to, mausoleums, columbaria, mortuary facilities, and chapel facilities.

Off-street parking, subject to the setback requirements for accessory buildings.

Fences and walls in accordance with § 28-502.

Signs in accordance with § 28-504 including one (1) freestanding identification sign in accordance with §§ 28-504F2 and 28-504F8.

Maximum Building Height. No principal building shall exceed thirty-five (35) feet in height and two and one-half (2 1/2) stories.

Area and Yard Requirements for the Cemetery District.

Minimum
Lot Area	60,000 s.f.
Lot Frontage	100'
Lot Width	150'
Front Yard	50'
Side Yard - one (both)	25'(50')
Rear Yard	35'
Maximum
Building Coverage	15%
Lot (Impervious Surface) Coverage	25%

Grave Sites. Grave sites shall be located no closer than forty (40) feet to a dwelling unit located on an adjoining property.

Lot Coverage. For the purpose of calculating the lot coverage, all surfaces and structures typically included in the calculation, per the Borough's applicable definitions, shall be included with the exception of graves stones and grave markers.

Buffer Requirement. A landscaped buffer shall be provided along all property lines that adjoin residentially-zoned properties with the exception of property lines abutting Interstate 78. The buffer shall consist of evergreen trees and other such plantings that serve to provide adequate year-round buffering of the cemetery from adjoining dwellings. The Board may modify or waive the buffer screening requirement where topography, tree growth or other natural or man-made features exist to provide adequate year-round buffering or where the site configuration does not allow for provision of such a buffer.

28-419 S-W SOMERSET STREET/WATCHUNG AVENUE AFFORDABLE HOUSING OVERLAY DISTRICT.

[Added 3-21-2019 by Ord. No. 19/05]

Purpose and Application.

Purpose. The purpose of the Somerset Street/Watchung Avenue Affordable Housing Overlay District is to create a realistic opportunity for the development of affordable housing in accordance with the June 7, 2018, Settlement Agreement between the Borough of Watchung and the Fair Share Housing Center, Inc., and the September 19, 2018, Order on Fairness and Preliminary Compliance Hearing by the Superior Court of New Jersey Law Division Somerset County, Docket No. SOM-L-902-15.

Application of Requirements. The Somerset Street/Watchung Avenue Affordable Housing Overlay District permits mixed-use redevelopment consisting of first-floor commercial uses and residential units above within the "Triangle" area bounded by Watchung Avenue, Somerset Street and Johnston Drive. Consistent with the purpose of the district, such mixed-use development shall only be permitted in conjunction with the provision of affordable housing pursuant to § 28-419D, Affordable Housing Requirements. The requirements of the underlying Neighborhood Business (B-A) Zoning District shall remain in full effect in the area encompassed by this overlay district unless an application is proposed consistent with the requirements of this overlay district. The requirements of this overlay district shall only be applicable to the lands involved in such a mixed-use development application. Lands not included in such a mixed-use development application shall continue to be subject to the requirements of the underlying zoning district.

Permitted Uses.

Principal Permitted Uses. Mixed-use development consisting of commercial development on the first floor and residential units above. Permitted commercial uses on the first floor shall consist of the permitted uses specified in § 28-406.A with respect to the B-A District.

Such mixed-use development shall only be permitted in conjunction with the provision of affordable housing pursuant to § 28-419D.

Accessory Uses Permitted.

Off-street loading and parking and private nonresidential garages, either attached or detached.

Storage buildings not exceeding 200 square feet in size and 15 feet in height.

Fences and walls in accordance with § 28-502.

Signs in accordance with § 28-504, generally, and the requirements of § 28-504G specifically with respect to sign height, sign area, setback and other such bulk and dimensional requirements.

Maximum Gross Density. Residential use is permitted at a maximum gross density of six units per acre for for-sale units and 10 units per acre for rental units.

Affordable Housing Requirements.

For-Sale Units. Where for-sale units are provided, a minimum of 20% of the total number of units shall be affordable to low-and moderate-income households, with at least 50% of the affordable units available for households earning 30% or less of the applicable median income limit and 13% of the affordable units available for households earning 30% or less of the applicable median income limit. For the purpose of this section, fractional results shall be rounded to the nearest whole number (e.g., 2.4 would equal a requirement for two affordable units, while 2.5 would result in a requirement for three affordable units).

For-Rent Units. Where rental units are provided, a minimum of 15% of the total number of units shall be affordable to low- and moderate-income households, with at least 50% of the affordable units available for households earning 30% or less of the applicable median income limit and 13% of the affordable units available for households earning 30% or less of the applicable median income limit. For the purpose of this section, fractional results shall be rounded to the nearest whole number (e.g., 2.4 would equal a requirement for two affordable units, while 2.5 would result in a requirement for three affordable units).

The low- and moderate-income units shall be distributed throughout the development, not concentrated in any one building.

Section 28-1000, Affordable Housing, shall apply.

Maximum Building Height.

No principal building shall exceed 35 feet in height and 2 1/2 stories.

No accessory building located within the principal building envelope shall exceed 25 feet in height and two stories.

No accessory building located outside the principal building envelope shall exceed 15 feet in height and one story.

Area and Yard Requirements for the S-W District.

Principal Building	Requirement
Minimum
Lot area	10,000 square feet
Lot frontage	100 feet
Lot width	100 feet
Principal Building
Lot depth	75 feet
Front yard	30 feet
Side yard - one (both)	5 feet (15 feet)
Rear yard	25 feet
Accessory Building
Minimum
Distance to side line	5 feet
Distance to rear line	10 feet
Distance to other building	20 feet
Maximum
Building coverage	30%
Lot coverage	70%

General Requirements.

All buildings shall be compatibly designed whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential use or district shall be suitably finished for aesthetic purposes and shall be compatible in design and scale to the surrounding residential areas.

At least the first five feet adjacent to any lot line shall not be used for parking and loading and shall be planted and maintained in lawn areas or ground cover and landscaped with evergreen shrubbery.

Off-Street Parking and Loading. Parking spaces and loading areas shall be provided for each use in accordance with the requirements of § 28-503 and the design standards in Article 28-600.

28-420 Bonnie Burn Road Redevelopment DIstrict.

[Added 12-17-2020 by Ord. No. 20/06[1]; amended 7-15-2021 by Ord. No. 21/08[2]]

Principal Permitted Uses.

Multifamily dwelling units (apartment units) in one or more buildings as an inclusionary housing development, but not to exceed a total of 230 dwelling units within the zone.

Twenty percent of the total number of dwelling units in the zone shall be reserved for rental occupancy as affordable housing units. The provision of affordable housing shall be consistent with all applicable rules of the Council on Affordable Housing (COAH) and the Uniform Housing Affordability Controls (UHAC), including requirements of phasing and bedroom distribution. There shall be no more three-bedroom affordable units than the minimum number of units required by COAH regulations. At least 13% of the affordable units shall be very-low-income housing as defined by the New Jersey Fair Housing Act. The low- and moderate-income units shall be distributed throughout the complex and not concentrated in any one building.

The market-rate units shall consist only of one-bedroom and two-bedroom units. A minimum of 20% of the market-rate units shall consist of one-bedroom units.

Permitted Accessory Uses.

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, clubhouses for residents, management offices, leasing offices, walking/jogging trails, recreation facilities, and dog runs.

All accessory structures except permitted fences, signs, retaining walls and bus shelters shall be located at least 100 feet from the zone boundary line.

Fences and walls in accordance with § 28-502 and as follows:

Section 28-502A2 shall apply to the boundary between a single-family residential district and this redevelopment area and permit a fence of six feet in height.

Section 28-502A1a shall permit opaque earth-tone fences more than 50% solid.

Signs may be provided in accordance with § 28-504 of the Borough LDO and as follows:

Permitted signs shall include one project identification sign, residential unit and residential building identification signs, traffic and pedestrian directional signs and other public safety signs.

A project identification monument sign shall be permitted at the driveway entrance to the project, not exceeding a sign panel area of 32 square feet in each face and not exceeding eight feet in total height, including the monument base.

A monument base constructed of stone or similar material and landscaped shall be provided.

Building-mounted identification signs or freestanding informational signs shall not exceed four square feet.

Signs shall be constructed of stone, wood or similar materials and shall not be internally illuminated.

An overall sign plan shall be submitted for review as part of the site plan application.

Maximum Building Heights, Number of Units, Building Length and Height Measurements.

The height of the buildings shall be consistent with that depicted on Map 6 and Map 7, Concept Height Sections, which includes cross sections of all building types. On Lots 19.01 and 19.02 in Block 7402, the maximum building height shall be 38 feet and shall not exceed two exposed stories on the upper side of the building nor exceed three exposed stories on the lower side of the buildings. On Lots 5 and 10 in Block 7403, the maximum building height shall be 48 feet and shall not exceed three exposed stories on the upper side of the building nor exceed four exposed stories on the lower side of the buildings.

Building height in feet shall be the vertical distance measured from the average finished grade at the perimeter of the foundation calculated at twenty-foot increments to the mean level between the eaves and the highest point of the roof in the case of pitched roofs.

On Lots 19.01 and 19.02 in Block 7402, no building shall contain more than 44 dwelling units or be greater than 300 feet in length. On Lots 5 and 10 in Block 7403, no building shall contain more than 64 dwelling units or be greater than three hundred (330) feet in length.

Area, Yard and Other Requirements.

The minimum required lot area shall be 39 acres. No subdivision of the site shall be permitted.

Residential buildings within the development shall be set back from the perimeter of the site the distances indicated on Map 4, Buffer Diagram and Concept Plan, except that in the review of the site plan application the Planning Board may permit the setback of one or more of the buildings to be reduced to a minimum of 100 feet from the site perimeter if such lesser setback is necessary to achieve the proposed site plan.

Residential buildings within the development shall be separated from one another a distance of no less than 60 feet.

No residential building shall be located closer than 15 feet to the cartway of a principal circulation drive within the development.

The maximum lot coverage (impervious coverage) shall be 40% of the site area. Any land area that may be dedicated for road right-of-way purposes or dedicated for preserved open space shall not be deducted from the calculation of the maximum permitted lot coverage.

The maximum building coverage shall be 20% of the site area. Any land area that may be dedicated for road right-of-way or dedicated for preserved space shall not be deducted from the calculation of the maximum permitted lot coverage.

Approximately 28% of the total site area, which includes delineated wetlands, wetlands buffer area, stream and stream riparian buffer area, shall be maintained in a natural state and undisturbed.

A minimum of 60% of the site shall be pervious surfaces. Any disturbed areas that are designed as pervious surfaces shall be replanted in accordance with the approved site plan.

Buffers.

An eighty-foot-wide buffer shall be established along the northwesterly property boundary of Lots 19.01 and 19.02 in Block 7402. All other tract boundaries shall have a minimum buffer width of 50 feet. Where driveways, parking areas, walkways and utility lines are needed to service the development, such as linear improvements, may cross required buffer areas, provided such instructions are minimized. Stormwater detention basins and other stormwater management features and facilities may be constructed within required buffer areas, provided that a minimum undisturbed buffer area of at least 40 feet is established along the exterior tract boundary as described in Map 4, Buffer Diagram and Concept Plan. Permitted within required buffer areas are retaining walls, fencing along property boundaries and associated safety fencing.

The buffer shall comply with landscape standards under § 28-609E, except as modified by this redevelopment plan as follows:

Existing healthy trees in the buffer area shall be retained to the greatest extent possible. During the review of the site plan application, the Planning Board may require a combination of evergreens, deciduous and conifer trees and landscape materials and/or earth-tone fencing in such locations, design and size as necessary to provide year-round screening to minimize off-site views into the site to the greatest degree practicable from adjoining residential properties.

The transition buffer requirements under § 28-609E2 shall be addressed except the dimensions are modified consistent with the buffer widths shown on Map 4, Buffer Diagram and Concept Plan and as indicated in Subsection E1.

Recreation Amenities and Security.

Permitted recreation amenities shall include, but not be limited to, a resident clubhouse, resident lounge, a fitness center, a private conference room, an outdoor swimming pool, complimentary Wi-Fi throughout the common areas, pet-friendly features, a smoke-free environment, and a recreation area serving children of various ages.

Required recreation amenities shall include a recreation facilities building/clubhouse with a minimum gross floor area of 5,000 square feet, a fitness center, an outdoor swimming pool, and a recreation area serving children of various ages.

The site plan submission shall include a proposed program for on-site security. The program shall include a permanent on-site resident superintendent and shall include consideration of some combination of the following: security camera system and a key-fob security system controlling entrances to buildings and individual apartments.

Section 28-505A, Recreation Required for Multifamily Development, shall apply, except that:

The placement of recreational amenities shall comply with the perimeter setback requirements at Subsection D2 above and the perimeter buffer requirements of Subsection E1 and 2 above except that walking trails shall not be subject to these requirements, provided such trails are reflected on the site plan approved by the Board after demonstration to the Board that the trails have been placed in a manner that minimizes tree removal.

Parking Requirements.

Parking shall be provided in accordance with the Residential Site Improvement Standards, N.J.A.C. 5:21-1 et seq. De minimis exceptions may be considered by the Planning Board to advance the purposes of this redevelopment plan in accordance with the de minimis exception standards authorized by the Residential Site Improvement Standards.

Parking spaces shall be located at least 10 feet from a residential building within the development; except where a parking space also provides access to an enclosed garage, no such setback shall be required.

Parking lot design shall comply with § 28-607 unless superseded by the redevelopment plan requirements.

Section 28-609G, Parking Lot, Loading and Utility Area Landscaping, shall be provided with the exception that parking under the buildings will require permitted modifications of the landscaping standards to accommodate the design.

Exemptions.

The provisions of Chapter 24 of the Revised General Ordinances of the Borough of Watchung concerning tree preservation shall not apply to development within this zone except for portions of the tract required to be in buffer areas along the perimeter of the tract. Where tree removal and replacement are in accordance with an approved site plan, an inventory of trees for the entire lot or tract and within undisturbed portions of the required buffer area shall not be required. Tree replacement shall only be required for trees removed in required buffer areas as authorized by an approved site plan. However, to address site tree removal outside of the required buffer areas, a minimum of one shade tree measuring a minimum of two-and-one-half- to three-inch caliper shall be provided for each dwelling unit. This provision includes trees required for street tree and parking area plantings, but excludes the trees required for landscape buffers.

Building Design Standards.

All residential buildings shall have similar facade treatments so that they are compatible with one another. Additionally, all sides of any one residential building shall have similar facade treatments.

Long buildings shall be broken into facade segments. Any building with a length of over 100 feet shall have offset facades at least every 30 feet created with setback or bump-out sections being 1.5 feet or more in depth.

A variety of 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.

The building design shall include a pitched roof design with a minimum pitch of 4:12.

Rooftop HVAC units, if employed, shall be aesthetically shielded by roof insets and appropriately buffered for noise.

Overall Building and Site Design Concept. While the development planned herein represents an important element of the Borough's affordable housing plan, it is critical that the development also be carefully designed in consideration of surrounding land uses, seek to minimize overall land disturbance and tree removal, and be attractively designed. The narrative statement below provides a written explanation of the planned building/architectural design and overall site design concept. This narrative describes how the buildings and site will be attractively and thoughtfully designed.

Narrative Statement.

The inclusionary housing development proposed to be implemented under the terms of this redevelopment plan is intended to follow the conceptual layout shown on Map 4, Buffer Diagram and Concept Plan. The concept plan shows six residential buildings positioned to avoid unnecessary intrusions on the environmentally sensitive portions of the site. Those environmentally sensitive areas include wetlands and associated transition areas as well as riparian zones associated with watercourses.

The concept plan envisions a total of 230 dwelling units intended for rental occupancy with 20% of the total reserved for low- and moderate-income households (for a total of 46 affordable units). The low- and moderate-income units will be distributed throughout the development and not concentrated in any one building. Toward the interior of the site, residential buildings with three stories exposed on one side and four stories on the opposite side are proposed. Further to the west, buildings with three stories on one side and two stories on the opposite side are proposed. The differing story heights are designed to accommodate the sloping nature of the site and to situate the tallest buildings furthest away from neighboring single-family homes.

Access to the site is proposed via a pair of driveways in a parkway format that lead to a clubhouse with recreational facilities. This accessory component serves as a focal point for residents and their guests approaching the residential buildings.

Architectural Design Standards. Map and Concept Stone Elevation and Map 9, Concept Brick Elevation, are shown as conceptual architectural designs. The final architectural design has not been prepared at this time, and changes in the architectural plans are likely to occur. Final plans will be submitted and reviewed by the Planning Board.

All materials, colors and details used on the exterior of a building shall be architecturally compatible with the style of such building, as well as with the other buildings, so as to create a cohesive relationship between the buildings. Buildings shall be designed so as to prevent exterior elevations from containing large expanses of blank or featureless walls.

The exterior treatment shall include quality materials, such as brick, stone, Hardie^® board, and/or composite materials, siding and materials of similar quality and duration as is characteristic of a luxury building. Among the architectural features proposed are stone countertops, tile backsplash and stainless steel kitchen appliances, washer-dryers within each unit, individual-unit-specific temperature control, nominal nine-foot ceilings within units, elevators, private balconies in selected units and private garages for a number of resident vehicles.

Additional Requirements.

Traffic Impact Study. The redeveloper shall prepare and submit a traffic impact study as part of the site plan application for review by the Board that addresses the inclusionary development's traffic impact which includes the following:

The existing road network available to serve the proposed development, as well as the proposed road network within the development itself and the surrounding road network which will be affected by the proposed development. This analysis shall include the capacity of the existing and proposed roadways; the anticipated traffic volumes as a result of the proposed development; the physical structure of road networks; and any problem areas in the area road network affected by this development and other planned development with impacts on the road network, including unsafe intersections and vertical or horizontal alignments.

The analysis shall evaluate current and planned development in the surroundings, including individual residences or businesses on Bonnie Burn Road, including Weldon Quarry.

The traffic analysis shall consider the County of Union traffic circulation and development in adjoining municipalities that may affect the traffic conditions in the redevelopment area.

The Planning Board, during its site plan review, may condition site plan approval consistent with Somerset and Union County Planning Board approvals, as applicable on:

(1)

Improvements to on-tract entrances and exits; and

(2)

Contributions to off-tract improvements made necessary by the on-tract development.

The redeveloper will be responsible for off-tract site improvements related to traffic such as a traffic light, acceleration and deceleration lane improvements to achieve sufficient sight distances and related improvements to individual driveway(s) serving the site fronting onto Bonnie Burn Road.

All off-tract improvements and entrances and exits along Bonnie Burn Road shall be subject to Somerset and Union County Planning Board approval.

Environmental Impact Statement and Site Assessment. The site plan submission shall include an Environmental Impact Statement (EIS) pursuant to § 28-804. The EIS shall be accompanied by a Phase I Environmental Site Assessment and a Phase II Environmental Site Assessment, if necessary. In this fashion, environmental remediation, if necessary, can be incorporated into the site plan approval.

The requirements of Article 28-600 shall apply unless specifically modified or waived by this redevelopment plan. This redevelopment plan explicitly excludes and does not incorporate the density reduction or steep slope management requirements in Chapter 23A, § 23A-4.2c of the Borough's Revised General Ordinances and § 28-401H of the Borough Land Development Ordinance. To the extent Article 28-600, § 28-603A2p of the LDO refers to the steep slopes requirements of Chapter 23A, such reference shall exclude the density reduction or steep slope management requirements in Chapter 23A, § 23A-4.2c and § 28-401H of the Borough Land Development Ordinance. Notwithstanding any requirements to the contrary, the following specific design requirements shall apply within the redevelopment area (to the degree other requirements in the Revised General Ordinances conflict), the following requirements shall apply to development on the site:

The development shall include sidewalks providing pedestrian access from the parking lots to the buildings and along the access drive to Bonnie Burn Road.

The site shall be designed to properly allow for emergency vehicle maneuverability and access.

All buildings shall be sprinklered.

Notwithstanding any requirements to the contrary, stormwater management facilities may be permitted within yard setbacks as shown on Map 4, Buffer Diagram and Concept Plan. Such facilities shall be attractively landscaped and/or screened consistent with applicable requirements of Article 28-600.

Construction Phasing. The site plan submission shall include a description of the construction phasing (e.g., relative timing of site clearing, grading, placement of utilities, building construction, etc.).

Weldon Quarry Lease Notice. A form of notice shall be included in all leases informing future development residents that Weldon Quarry is across Bonnie Burn Road and that it performs blasting on a regular basis. A draft shall be included with the site plan submission.

Sanitary Sewers and Other Utilities. The site plan approval shall be conditioned upon the redeveloper obtaining sewer capacity and lawfully extending the sewers to the development at its sole cost. All utilities are to be located underground.

The redeveloper is responsible for any cost incurred by the Borough to review the required one plan, and related traffic and environmental impact analysis.

Construction of the site shall comply with any and all applicable requirements and regulations related to blasting.

Development of the site shall be subject to the applicable requirements of the following Articles of the Borough LDO: 28-800, Development Application Review Procedures and Checklists; 28-900, Application Fees, Guarantees, Inspections and Off-Tract Improvements; and 28-1200, Administration, Penalties, Repealer, Validity.

10.

The following items in the Preliminary Major Application Checklist shall be modified as follows: No. 12 (Tree Removal/Tree Replacement Application) shall not be required; and No. 32 (individual tree locations) shall be provided only in required buffer areas in areas adjacent to the homes located on Oakwood Road East and Mareu Drive bordering the site.

11.

The development shall comply with all applicable requirements necessary for the Borough to address its affordable housing obligation, including but not necessarily limited to, recording of necessary deed restriction(s); affirmative marketing; bedroom distribution; low/moderate income split; and engagement of a qualified administrative agent.

12.

Upon site plan approval, portions of the site that are to remain undeveloped (e.g., wetlands, wetlands buffer areas, buffer areas, and open space areas) shall be placed within a duly recorded conservation easement.

13.

A deed restriction within that certain August 2, 1988, Developer's Mount Laurel Agreement is not consistent with the Order on Fairness and Preliminary Compliance Hearing, the Borough's Settlement Agreement with the Fair Share Housing Center, and this redevelopment plan. In cooperation with the Borough, the designated redeveloper shall file a motion to the Court issuing the Order on Fairness and Preliminary Compliance Hearing to remove that deed restriction. That certain Revised Final Plan for Oakwood Estates, filed on March 14, 2011, in the Somerset County Clerk's office as Map. No. 6408-1205, also conflicts with this redevelopment plan, and the Order on Fairness and Preliminary Compliance Hearing and the Borough's Settlement Agreement with the Fair Share Housing Center. This redevelopment plan supersedes any bulk requirements and density restrictions imposed by the plat for Oakwood Estates with regard to the redevelopment area. The redeveloper shall cause a corrective deed to be recorded memorializing this redevelopment plan's supersession of the bulk and density requirements imposed by the plat for Oakwood Estates.

14.

The site plan shall be provided to the Environmental Commission for its review and comment to the Planning Board.

Affordable Housing.

As stated above, the development will be a two-hundred-thirty-unit multifamily development. Forty-six of the units shall be low- and moderate-income ("affordable"), non-age-restricted rental housing units as defined by the New Jersey Fair Housing Act. No less than 13% of the 46 affordable units shall be low-income units as defined in the New Jersey Fair Housing Act. The development shall comply with the COAH and UHAC regulations and the Borough's LDO Article 28-1000, Affordable Housing Ordinance.

All units within the state will be deed-restricted for low and moderate family occupancy for a period of 30 years from the date of issuance of the certificate of occupancy. The controls will continue in accordance with UHAC after the first thirty-year period unless the Borough chooses to release the restrictions in accordance with UHAC. The redeveloper shall be responsible for all costs associated with the qualified Administrative Agent.

[1]

Editor's Note: A complete copy of Ord. No. 20/06 may be found in the Borough Offices.

[2]

Editor's Note: A complete copy of Ord. No. 21/08 may be found in the Borough Offices.