a.
The intent of this Article is to establish a precise and detailed
plan for the use of land and buildings in the Borough of Mount Arlington,
based upon the Borough Master Plan, and any amendments thereto, enacted
in order to promote and protect the public health, safety, morals,
comfort, convenience and the general welfare of the people.
b.
The Zoning Ordinances, codified as Article VIII of Chapter 17, for the Borough of Mount Arlington shall be viewed as a permissive ordinance. In no instance after the adoption of this Chapter shall any use be permitted in the Borough which is not listed as a permitted, accessory or conditional use as specified herein.
[Ord. No. 1999-9, Ord. No. 2000-02A, Ord.
No. 2000-10, Ord. No. 2000-12, Ord. No. 06-2014, Amended
by Ord. No. 12-2015]
For the purpose of this Article, the Borough of Mount Arlington
in the County of Morris is hereby divided into the following zones,
differentiated according to use, area and bulk regulations, to be
designated as follows:
|
RA-7.5
|
Single Family Residence
|
|
RA-15
|
Single Family Residence
|
|
RA-30
|
Single Family Residence
|
|
RA-40
|
Single Family Residence
|
|
RG-5
|
Multifamily Residence
|
|
OSGU
|
Open Space Government Use
|
|
B-1
|
Business
|
|
R-C
|
Resort Commercial
|
|
R-PRD
|
Planned Residential Development
|
|
HMC
|
Hotel/Motel/Conference Center
|
|
PUD
|
Planned Unit Development
|
|
OB
|
Office Building District
|
|
SRC
|
Special Residential Cluster
|
|
SRC-B
|
Special Residential Cluster — B
|
|
CTA
|
Cellular Telecommunications Antenna
|
[Ord. No. 1999-9 § 4, Ord. No. 2000-2A § 4, Ord. No. 2000-10 § 3, Ord. No. 2000-12 § 4, Ord. No. 2005-15, Reso 2005-132, Ord. No. 2009-13, Ord.
No. 06-2014, Block 8 Lot 3, Landfill Redevelopment
Area, adopted by Ord. No. 11-2015, Ord. No. 12-2015; 3-2-2021 by Ord. No. 02-2021]
The location and boundaries of said zones or district are hereby
established on the Zoning Map of the Borough of Mount Arlington in
Morris County dated August 20, 2015 prepared by CP Professional Services,
which is attached hereto and hereby made a part of this Chapter. Said
map and all notations, references and designations shown thereon shall
be, as such, a part of this Chapter as if the same were all fully
described and set forth herein, and shall supersede all prior maps
and ordinances.
See Landfill Redevelopment Plan adopted by Ord. No. 11-2015
on file at the Borough Offices.
Zoning Map Amendments:
1.
Ordinance No. 1999-9: § 17-27.2, Zoning Map, is amended to add the following language:
"Said map is amended to delete the "I Industrial" from the list
of zones and add the OB Office Building Zone to the list and to redesignate
the zone of the area south of Route 80 known as Block 70.01 Lot 1
Block 71, Lot 1 and Block 71, Lot 5 on the Official Tax Map from I
Industrial to OB Office Building."
2.
Ordinance No. 2000-2A: The Zoning Map is amended to rezone an area
shown on the map attached to Special Residential Cluster (SRC) from
RA-40.
3.
Ordinance No. 2000-10: The Zoning Map is amended to rezone an area
shown on the map attached to Special Residential Cluster (SRC) from
RA-40.
4.
Ordinance No. 2000-12: § 17-27.2, Zoning Map, is amended by identifying the following Block and Lot designations from the tax map of the Borough of Mt. Arlington as the Cellular Telecommunications Tower Overlay Zone: Block 36, Lot 1 and Block 8, Lot 3.
5.
Ordinance No. 2005-15: § 17-27.2, Zoning Map, is amended to establish the Zoning Map dated May 6, 2005.
6.
Ordinance No. 2009-13: § 17-27.2, Zoning Map, is amended to establish the Zoning Map dated April 2009.
7.
Ordinance No. 06-2014: § 17-27.2, Zoning Map, is amended to establish the Zoning Map prepared by J. Caldwell Associates LLC bearing a date of March 11, 2014. (Map dated March 14, 2014 was attached.)
8.
Ordinance No. 11-2015 adopts the Redevelopment Plan Map for Block
8, Lot 3 and can be found on file at the Borough Offices attached
to Ordinance No. 11-2015 as the Mount Arlington Landfill Redevelopment
Plan prepared by J. Caldwell and Associates dated September 1, 2015.
9.
Ordinance No. 12-2015: § 17-27.2, Zoning Map, is amended to establish the Zoning Map dated August 20, 2015 prepared by CP Professional Services.
10.
Ordinance
No. 02-2021 adopts the "111 & 181 Howard Boulevard Redevelopment
Plan" and amends the zoning map to incorporate the plan. The plan
is on file in the Borough offices.
[1]
Editor's Note: See map which is included as an attachment to this chapter.
a.
Designation of Zone Boundaries.
(1)
The zone boundary lines are intended generally to follow the
centerlines of streets; the centerlines of railroad rights-of-way;
existing lot lines; the centerlines of rivers, streams and other waterways;
and municipal boundary lines.
(2)
Where a district boundary line does not follow such a line,
its position shall be shown on the Zoning Map by a specific dimension
expressing its distance in feet from a street line or other boundary
line as indicated.
b.
Determination of Doubtful Lines. Except as provided in paragraph
c below, in cases of uncertainty or disagreement as to the true location
of any zone boundary line, the determination thereof shall be with
the Planning Board under the provisions of the Land Development Chapter.
c.
Boundary line to coincide with lot line.
(1)
If a zone boundary line falls within 20 feet of a lot line existing
at the time of passage of this Chapter, then the lot line shall be
considered the zone boundary line.
(2)
In the event a zone boundary line divides one or more lots,
other than as provided in paragraph (1) above, then all area, bulk,
yard, buffer and any other dimension requirements specified in this
Chapter for that particular zone shall be met only within that zone.
a.
General. The restrictions and controls intended to regulate development
in each zone are set forth in Schedule 1, Area, Yard and Bulk Requirements,
at the end of this Chapter. These restrictions and controls are supplemented
by other sections of this Land Development Chapter.
b.
Application of Regulations. Except as hereinafter otherwise provided:
(1)
No building or structure shall be erected and no existing building
or structure shall be moved, altered, added to or enlarged, nor shall
any land or building be designated, used or intended to be used, for
any purpose or in any manner other than as specified among the uses
hereinafter listed as permitted in the zone in which such building
or land is located.
(2)
No building or structure shall be erected, reconstructed or
structurally altered to exceed in height the limit hereinafter designated
for the zone in which such building or structure is located.
(3)
No building or structure shall be erected, no existing buildings
or structures shall be altered, enlarged or rebuilt, nor shall any
open space surrounding any building be encroached upon or reduced
in any manner, except in conformity with the area, bulk and yard requirements
and other regulations hereinafter designated for the zone in which
such building or open space is located.
(4)
No yard or other open space provided about any building for
the purpose of complying with the provisions of this Article shall
be considered as providing a yard or other open space on one lot shall
be considered as providing a yard or open space for a building on
any other lot.
(5)
No minimum off-street parking area, loading or unloading area
shall be considered as providing off-street parking, loading or unloading
area for a use or structure of any other lot, except as provided herein.
(6)
No land in a residential zone shall be used to fulfill open
space, minimum area, minimum yard and setback requirements, parking
or other similar requirements for uses in nonresidential zones. Vehicle
access for nonresidential uses shall not traverse a single or two-family
residential zone and shall be directly from a street specified as
a primary, secondary or collector road category as shown in the duly
adopted Master Plan of the Borough of Mount Arlington.
c.
All classes
of cannabis establishments, cannabis distributors, or cannabis delivery
services (as said terms are defined in Section 3 of P. L. 2021, c.
16) are prohibited uses in all of the Borough's zoning districts,
but not the delivery of cannabis items and related supplies by a delivery
service.
[Added 8-3-2021 by Ord. No. 10-2021]
The use regulations applicable to each zone within the Borough
of Mount Arlington are as follows:
[RA-40A, Single Family Residence Zone-Utility as Conditional
Use, deleted by Ord. No. 12-2015]
b.
Permitted Accessory Uses.
[Ord. No. 2008-16 § 6]
b.
Permitted Accessory Uses.
(3)
Accessory storage, within a wholly enclosed permanent structure,
of materials, goods and supplies intended for use on the premises.
[Ord. No. 99-16]
d.
Development Standards.
(1)
Minimum Tract Size: 5 acres. However, all contiguous acreage
within the R-PRD Zone shall be included as part of any development
proposal. Property in the same ownership but divided by a public street
or right-of-way is contiguous acreage.
(2)
The maximum number of dwelling units shall not exceed Eighty
units or Six (6.0) units per gross area, whichever is less.
(3)
Minimum Open Space and Impervious Surface. A minimum of 30%
of the R-PRD site, exclusive of Lake Hopatcong water area, shall be
landscaped common open space. A maximum of 50% of the site may be
in impervious surface. Common open space, for purposes of this section,
shall mean an open space area within or related to a site designated
as a PRD, and designed and intended for the use or enjoyment of residents
and owners of the development. It shall not include land adjacent
to dwelling units conveyed in fee simple to the owners of the unit,
parking areas, or parts of the site in impervious surface unless occupied
by common recreational facilities.
(4)
Maximum Height. No structure shall exceed 40 feet and three
stories. No living accommodations of any type shall be permitted above
the third floor.
(5)
Minimum distance between buildings shall not be less than 25
feet.
(6)
Minimum Building Setbacks.
(a)
The minimum building setback (including balconies and raised
patios) from exterior tract property lines excluding waterline: 50
feet. At least 25 feet shall be attractively landscaped, or other
suitable method as determined as part of site plan approval.
(b)
The minimum building setback from a residential zone district
and a building greater than 2-1/2 stories and/or 35 feet in height
shall be 75 feet. At least 25 feet of which shall be buffered using
landscaping, berms, fences or other suitable methods as determined
as part of site plan approval.
(7)
Minimum Building Setback from the Waterline: 40 feet, except
that any attached structures such as balconies and elevated decks
may be included in the setback area, provided such attached structures
shall not exceed 130 square feet in area and further provided that
they may not be located within 30 feet of the lake. On-grade patios
may not be located within 25 feet of the lake.
(8)
Off-Street Parking as Determined by the Residential Site Improvement
Standards (RSIS).
(a)
All spaces shall be minimum of 9' × 18'.
(b)
The minimum parking area set back from all tract property lines
shall be 25 feet. The minimum parking area setback to a public right-of-way
may be reduced to 15 feet with intervening landscaping, fencing or
berms.
(c)
One garage space per dwelling shall be provided.
(d)
A minimum 10% off-street parking shall be designated for visitor
parking.
(9)
Solid Waste, Boat and Recreational Storage, Utilities, Recreational
Facilities and Details.
(a)
Solid waste collection shall be provided for the development
either:
[i]
Curbside, or
[ii]
Through solid waste/refuse storage areas conveniently
scattered throughout the development designed and screened so as to
minimize any detrimental effect on the character of the development
or surrounding properties. They shall be kept a minimum distance of
50 feet from the lake and all exterior property lines.
(b)
There shall be no boat or recreational vehicle storage on site
or inside structures.
(c)
All utility transmission systems and connections to the individual
dwelling units shall be underground. Such transmission systems and
connections shall include but shall not be limited to electrical,
telephone, water, sewage, gas, oil, steam, and condensate utilities.
(d)
Common recreational facilities shall be provided as necessary
to serve the residents of the development and shall be shown on the
site plan.
(e)
A lighting and landscaping plan for the entire development and
individual clusters of dwelling units shall be submitted which shall
include details of fences, berms, walls, and street furniture as well
as landscaping and lighting.
(10)
Building Design and Construction.
(a)
No dwelling unit shall have a width of less than 18 feet.
(b)
Each dwelling unit shall have not less than two exterior exposures.
(c)
The maximum number of units in a single structure shall not
exceed eight.
(d)
A front and rear wall setback of not less than four feet shall
be provided at least every 54 feet of building facade.
(e)
Common accessory buildings and facilities shall be designed
to harmonize with the overall character of the development and shall
meet the building setback requirements set forth in this section.
(f)
All roads shall meet Borough or RSIS Standards. The Planning
Board, in conjunction with the applicant, shall determine which roads
shall be public and which shall remain private. Lighting on roads,
fire hydrants, and similar improvements shall be considered as part
of site plan review. A nonbinding advisory report shall be sought
from the Borough Police Department and Fire Companies.
(11)
(Reserved)
(13)
The stormwater runoff system shall be designed in accordance
with the RSIS.
(14)
Applicant shall use topographic features of site and landscaping
to minimize the off-site visual impact of parking areas.
(15)
Lighting shall be designed to minimize glare on adjacent properties.
(16)
All exterior walls of each building shall be attractively finished
with a suitable and durable materials.
(17)
The site plan shall be reviewed by the Borough's Landscape Architect.
(18)
Common Elements. Ownership and maintenance of all common elements
shall be as regulated in N.J.S.A. 40:50D-43 (Standards for the Establishments
of Open Space Organizations) of the Municipal Land Use Law. Common
elements shall include all facilities, land, utilities, roads, sewers,
storm water facilities, and similar elements not conveyed to the Borough
or owned in fee simple by any resident of the development. Applicant
shall submit for information to the Planning Board Attorney and Borough
Attorney all master deeds, maintenance agreements and homeowners and/or
condominium association regulations as they affect the control, maintenance
and use of all common elements not deeded to the Borough. Maintenance
procedures for all common element facilities not conveyed to the Borough,
shall also be subject to the requirements of all applicable Borough
ordinances presently in existence or hereafter adopted relative to
the maintenance of such facilities.
d.
Inclusionary residential affordable low- and moderate-income housing.
[Added 12-4-2018 by Ord.
No. 20-18]
(1)
Howard Boulevard Inclusionary Zone.
(a)
Purpose. The purpose of the inclusionary zone is to create a
realistic opportunity for the construction of low- and moderate-income
housing in Mount Arlington on land that is available for development,
thereby addressing the Borough's fair share housing obligation under
the New Jersey Fair Housing Act[1] and constitutional obligations to provide affordable housing.
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
(b)
Location. The location of the inclusionary zone applies to Block
61.02, Lot 23.08.
(c)
Use. Residential units in the zone are subject to inclusionary
affordable housing standards pursuant to "low- and moderate-income
housing requirements" below and shall be permitted uses in the inclusionary
zone district in addition to those uses already permitted by the underlying
zone district. To permit residential development over retail, service
and office uses for sites not directly fronting on Howard Boulevard
as a standalone town center type of development. To require a maximum
density of 15 apartment dwelling units per acre. Other residential,
retail, service and office uses would follow the current zone standards.
(d)
Inclusionary residential development standards.
[i]
The property specified in the location above may
be proposed for subdivision and/or site plan for residential development
over retail and service or office uses.
[ii]
The maximum density permitted would be 15 units
per acre with a 15% set aside for rentals and 20% set aside for owner-occupied
units.
[iv]
All other regulations and requirements of the
zone shall remain in effect.
(2)
Valley Road Inclusionary Zone.
(a)
Purpose. The purpose of the inclusionary zone is to create a
realistic opportunity for the construction of low- and moderate-income
housing in Mount Arlington on land that is available for development,
thereby addressing the Borough's fair share housing obligation under
the New Jersey Fair Housing Act[2] and constitutional obligations to provide affordable housing.
[2]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
(b)
Location. The location of the inclusionary zone applies to Block
61, Lots 23.03, 23.05 and 23.06. Other properties may be added to
this zone in the future.
(c)
Use. Residential units in the zone are subject to inclusionary
affordable housing standards pursuant to "low- and moderate-income
housing requirements" below and shall be permitted uses in the inclusionary
zone district in addition to those uses already permitted by the underlying
zone district. To permit residential development on the ground floor
of retail, service and office uses. To require a maximum density of
13 apartment dwelling units per acre. To require a maximum density
of 9.75 townhouse units per acre. Other residential, retail, service
and office uses would follow the current PUD Zone standards.
(d)
Low- and moderate-income housing requirements.
[i]
The properties specified in the location above
may be proposed for subdivision and/or site plan for townhouse residential
development on the ground floor of retail and service and office uses.
[ii]
With the exception to the density and the bulk requirements specified below, all townhouse developments shall follow regulations set in § 17-28.12, Planned Unit Development Zone (PUD).
[iii]
With the exception to the density, the bulk requirements specified below, and permitted apartments on the on the ground floor of retail, service and office uses, all residential apartment development shall follow regulations set in § 17-28.12, Planned Unit Development Zone (PUD).
[iv]
The maximum density for residential development
shall not exceed 13 dwelling units per acre for rental apartments
with a minimum 15% set aside for affordable rental units and 9.75
units per acre for townhouses or owner-occupied condominium units
with a minimum 20% set aside for affordable owner-occupied units.
[v]
The minimum lot frontage or width, bulk and setback
requirements shall apply to townhouse and residential mixed-use development
in the inclusionary zone:
[a]
Minimum lot size: 217,800 square feet.
[b]
Minimum lot width: 200 feet.
[c]
Maximum building height: four stories/50 feet.
[d]
Minimum front yard: 100 feet, no maximum.
[e]
Minimum side yard: one side yard 50 feet, both
side yards a total of 100 feet, no maximum.
[f]
Minimum rear yard: 100 feet, no maximum.
[g]
Maximum lot coverage: 50%.
[vi]
All other regulations and requirements of the
PUD zone shall remain in effect.
[Ord. No. 99-9 § 6]
[Ord. No. 00-02A]
d.
Minimum Tract Area, Yard and Bulk Requirements.
(1)
Minimum contiguous tract area. The entire tract will be developed
comprehensively on not less than 30 acres.
(2)
Minimum tract lot width as measured at the narrowest point on
the tract: Three hundred feet.
(3)
Maximum tract density: Four (4.0) d.u./acre rounded to the nearest
whole number. The maximum number of units shall not exceed 144 units.
(4)
Setbacks.
(a)
All structures including buildings, recreation facilities, solid
waste facilities and parking lots: Fifty feet from any tract perimeter
property line, except as provided in paragraphs (b) and (c) below.
(b)
All drainage facilities such as retention and detention facilities:
Twenty-five feet from any tract perimeter property line. The facility
shall be attractively landscaped. If adjacent to a single family residential
use, buffering shall be provided to mitigate its view.
(c)
All buildings over 35 feet in height: One hundred feet from
any tract perimeter property line abutting a single-family residential
use or zone district. At least 50 feet of the 100 feet setback shall
contain natural foliage, landscaping, berms, fences or other suitable
methods as determined to be necessary as part of site plan review
to buffer the adjacent uses or districts. The minimum setback of a
building 35 feet or less in height from a single family use or zone
shall be 50 feet.
(5)
Maximum building tract coverage: 10%.
(6)
Maximum impervious tract coverage: 25%.
(7)
Open space areas. It shall be the goal of the development plan
to maximize the preservation of permanent undisturbed open space and
to minimize clearing and regarding on the tract especially in areas
of steep slopes and areas adjacent to existing residential neighborhoods
in accordance with the following:
(a)
Minimum open space areas. A minimum of 51% of the tract area
shall be set aside from development and preserved as permanent open
space. To the extent feasible, the maximum amount of such areas shall
remain undisturbed. Lands dedicated to the municipality and/or developed
for municipal use, shall be calculated towards meeting this requirement.
(b)
Temporary disturbed areas. Up to 15% of the tract may be temporarily
disturbed and set aside as open space provided such areas are restored
as specified below.
(c)
Restored areas. Open space areas permitted to be temporarily
cleared and regarded shall be restored to meet one or more of the
following standards:
[i]
Buffer areas. Areas adjacent to existing residential
use shall be planted to provide a dense planting of evergreen trees
so that within 10 years it will effectively screen the development
from view from the existing neighborhood.
[ii]
Re-forested areas. Areas replanted with trees
of a size and density of plantings sufficient to achieve a complete
tree canopy within 10 years.
[iii]
Landscaped areas. Areas replanted with landscape
materials other than grass, of a size and density of plantings sufficient
to achieve a complete landscaped ground cover within 10 years.
[iv]
The Planning Board may retain the services of
a landscape architect to assist in the review of a restoration plan.
e.
Recreation Area. At least 10% of the site shall be developed with
recreational facilities appropriate for the occupants. Recreation
facilities include municipal use, and active and passive recreation
uses.
f.
Multifamily Requirements.
(1)
Maximum number of units per building is 30.
(2)
Minimum building to building separation: 50 feet.
(3)
Minimum distance building to street (public or private): 20
feet.
(4)
Minimum distance building to parking: 15 feet.
(6)
Off-street parking. A minimum of two spaces per unit shall be
provided.
(a)
All spaces shall be minimum of 9' × 18'.
(b)
The minimum parking area setback shall be 25 feet. The minimum
parking area setback from a single family use or zone shall be 50
feet. This 50 foot setback shall contain landscaping to visually screen
vehicles and the parking area.
(c)
One garage space per dwelling shall be provided.
(d)
Ten percent of required parking shall be set aside for visitor
parking.
g.
Municipal Use. In addition to any proposed recreation and/or common
use buildings and lands for the SRC residents, the site plan shall
contain a community resource facility, as determined at site plan
review, not to exceed three and one-half (3.5) acres in land area
which shall be available for dedication for municipal use.
h.
Solid Waste, Boat and Recreational Storage, Utilities, Recreational
Facilities and Details.
(1)
Solid waste collection shall be provided for the development
either:
(a)
Curbside, or
(b)
Through solid waste/refuse storage areas conveniently scattered
throughout the development designed, and screened so as to minimize
any detrimental effect on the character of the development or surrounding
properties. They shall be kept a minimum distance of 50 feet from
all exterior property lines.
(c)
There shall be no boat or recreational vehicle storage on site
or inside structures.
(d)
All utility transmission systems and connections to the individual
dwelling units shall be underground. Such transmission systems and
connections shall include but shall not be limited to electrical,
telephone, water, sewage, gas, oil, steam, and condensate utilities.
(e)
Common recreational facilities shall be provided as necessary
to serve the residents of the development and shall be shown on the
site plan.
(f)
A lightning and landscaping plan for the entire development
and individual clusters of dwelling units shall be submitted which
shall include details of fences, berms, walls, and street furniture
as well as landscaping and lightning.
i.
Building Design and Site Improvement Standards.
(1)
Common accessory buildings and facilities shall be designed
to harmonize with the overall character of the development and shall
meet the building setback requirements set forth in this section.
(2)
All roads shall meet RSIS standards. The Planning Board, in
conjunction with the applicant, shall determine which roads shall
be public and which shall remain private. Lighting on roads fire hydrants,
and similar improvements shall be considered as part of site plan
review. A nonbinding advisory report shall be sought from the Borough
Police Department and Fire Companies.
(3)
The stormwater runoff system shall be designed in accordance
with the RSIS.
(4)
Applicant shall use topographic features of the site and landscaping
to minimize the off-site visual impact of buildings and parking areas.
(5)
Lighting shall be designed to minimize glare on adjacent properties.
(6)
All exterior walls of each building shall be attractively finished
with suitable and durable materials.
j.
Common Elements. Ownership and maintenance of all common elements
shall be as regulated in N.J.S.A. 40:55D-43 (Standards for the Establishments
of Open Space Organizations) of the Municipal Land Use Law. Common
elements shall include all facilities, land, utilities, roads, sewers,
storm water facilities, and similar elements not conveyed to the Borough
or owned in fee simple by any resident of the development. Applicant
shall submit for information to the Planning Board Attorney and Borough
Attorney all master deeds, maintenance agreements and homeowners and/or
condominium association regulations as they affect the control, maintenance
and use of all common elements not deeded to the Borough. Maintenance
procedures for all common element facilities not conveyed to the Borough,
shall also be subject to the requirements of all applicable Borough
ordinances presently in existence or hereafter adopted relative to
the maintenance of such facilities.
[Ord. No. 00-10 § 1]
a.
Purpose. It shall be the goal of the development plan to maximize
the preservation of permanent undisturbed open space and to minimize
clearing and regarding on the tract specially in areas of steep slopes,
critical areas and areas adjacent to existing residential neighborhoods.
e.
Minimum Tract Area, Yard and Bulk Requirements.
(1)
Minimum contiguous tract area: The entire tract shall be developed
comprehensively on not less than 70 acres.
(2)
Minimum tract lot width as measured at the narrowest point on
the tract: 1,000 feet.
(3)
Maximum tract density: 2.5 dwelling units/acre.
[Ord. No. 21-09]
(4)
Setbacks.
(a)
All structures including buildings, recreation facilities, solid
waste facilities and parking lots: Fifty feet from any tract perimeter
property line, except as provided in paragraphs (b) and (c) below.
(b)
All drainage facilities such as retention and detention facilities:
Twenty-five feet from any tract perimeter property line.
(c)
All buildings over 35 feet in height: 100 feet from any tract
perimeter property line abutting a single-family residential use or
zone district. At least 50 feet of the 100 feet setback shall contain
natural foliage, landscaping, berms, fences or other suitable methods
as determined to be necessary as part of site plan review to buffer
the adjacent uses or districts. The minimum setback of a building
35 feet or less in height from a single family use or zone shall be
50 feet.
(5)
Maximum tract building coverage: 10%.
(6)
Maximum tract impervious coverage: 25%.
(7)
Open space area shall be addressed pursuant to the purposes
of this article in accordance with the following:
(a)
Minimum open space areas. A minimum of 51% of the tract area
shall be set aside from development as permanent open space. To the
extent feasible, the maximum amount of such areas shall remain undisturbed.
Developed parts of recreation areas shall not be considered "open
space".
(b)
Temporary disturbed areas. Up to 15% of the tract may be temporarily
disturbed and set aside as open space provided such areas are restored
as specified below.
(c)
Restored areas. Open space areas permitted to be temporarily
cleared and regraded shall be restored to meet one or more of the
following standards:
[i]
Buffer areas. Areas adjacent to existing residential
use shall be planted to provide a dense planting of evergreen trees
so that within 10 years it will effectively screen the development
from view from the existing neighborhood.
[ii]
Re-forested areas. Areas replanted with trees
of a size and density of plantings sufficient to achieve a complete
tree canopy within 10 years.
[iii]
Landscaped areas. Areas replanted with landscape
materials other than grass, of a size and density of plantings sufficient
to achieve a complete landscaped ground cover within 10 years.
[iv]
The Planning Board may retain the services of
a landscape architect to assist in the review of a restoration plan.
f.
Recreation Areas. At least 10% of the site, shall be developed with
recreational facilities appropriate for the occupants. Recreation
facilities include active and passive recreation uses.
g.
Multifamily Requirements.
(1)
Maximum number of units per building is 24.
(2)
Minimum building to building separation: 35 feet.
(3)
Minimum distance building to street (public or private): 20
feet.
(4)
Minimum distance building to parking: 15 feet.
(6)
Maximum percent of multifamily units shall not exceed 65% of
the total dwelling units on the tract.
i.
Off-Street Parking. A minimum of two spaces per unit shall be provided.
(1)
All spaces shall be minimum of 9' × 18'.
(2)
The minimum parking area setback shall be 25 feet from the tract
perimeter. The minimum parking area setback from a single family use
or zone shall be 50 feet. This 50 foot setback shall contain landscaping
to visually screen vehicles and the parking area.
(3)
One garage space per dwelling shall be provided.
(4)
Ten percent of required parking shall be set aside for visitor
parking.
j.
Drainage facilities such as a detention or retention basin shall
be setback not less than 25 feet from a property line. The facility
shall be attractively landscaped. If adjacent to a single family residential
use, buffering shall be provided to mitigate its view.
k.
Solid Waste, Boat and Recreational Storage, Utilities, Recreational
Facilities and Details.
(1)
Solid waste collection shall be provided for the development
either:
(a)
Curbside, or
(b)
Through solid waste/refuse storage areas conveniently scattered
throughout the development designed, and screened so as to minimize
any detrimental effect on the character of the development or surrounding
properties. They shall be kept a minimum distance of 50 feet from
all exterior property lines.
(c)
There shall be no boat or recreational vehicle storage on site
or inside structures.
(d)
All utility transmission systems and connections to the individual
dwelling units shall be underground. Such transmission systems and
connections shall include but shall not be limited to electrical,
telephone, water, sewage, gas, oil, steam, and condensate utilities.
(e)
Common recreational facilities shall be provided as necessary
to serve the residents of the development and shall be shown on the
site plan.
(f)
A lighting and landscaping plan for the entire development and
individual clusters of dwelling units shall be submitted which shall
include details of fences, berms, walls, and street furniture as well
as landscaping and lighting.
l.
Building Design and Site Improvement Standards.
(1)
Common accessory buildings and facilities shall be designed
to harmonize with the overall character of the development and shall
meet the building setback requirements set forth in this section.
(2)
All roads shall meet RSIS standards. The Planning Board, in
conjunction with the applicant, shall determine which roads shall
be public and which shall remain private. Lighting on roads, fire
hydrants, and similar improvements shall be considered as part of
site plan review. A nonbonding advisory report shall be sought from
the Borough Police Department and Fire Companies.
(3)
The stormwater runoff system shall be designed in accordance
with the RSIS.
(4)
Applicant shall use topographic features of the site and landscaping
to minimize the off-site visual impact of buildings and parking areas.
(5)
Lighting shall be designed to minimize glare on adjacent properties.
(6)
All exterior walls of each building shall be attractively finished
with suitable and durable materials.
m.
Common Elements. Ownership and maintenance of all common elements
shall be as regulated in N.J.S.A. 40:55D-43 (Standards for the Establishments
of Open Space Organizations) of the Municipal Land Use Law. Common
elements shall include all facilities, land, utilities, roads, sewers,
storm water facilities, and similar elements not conveyed to the Borough
or owned in fee simple by any resident of the development. Applicant
shall submit for information to the Planning Board Attorney and Borough
Attorney all master deeds, maintenance agreements and homeowners and/or
condominium association regulations as they affect the control, maintenance
and use of all common elements not deeded to the Borough. Maintenance
procedures for all common element facilities not conveyed to the Borough,
shall also be subject to the requirements of all applicable Borough
ordinances presently in existence or hereafter adopted relative to
the maintenance of such facilities.
[Ord. No. 93-19 § 4, Ord. No. 99-9 § 5, Ord. No. 99-16 § 3, Ord.
No. 00-02A § 3, Ord. No.
06-09 § 3, Ord. No. 00-10 § 2, Ord. No. 08-08 § 20, Ord. No. 10-11 § 7, amended by Ord. No. 12-2015]
The Schedule of Area, Yard and Bulk Requirements is set forth in Schedule 1 and is included as an attachment to this chapter.
a.
Lot Width. On regularly shaped lots, the minimum lot width of any
lot shall be measured at the front property line and minimum front
yard setback line as required for the zone in which it is located
and shall be maintained for a distance of 40 feet to the rear of the
required setback line. In cases of lots fronting on culs-de-sac, which
are turnarounds at the end of streets with a single ingress and egress,
the lot frontage measured at the street right-of-way line shall not
be less than 50% of the required minimum lot width or 75 feet, whichever
is greater.
b.
Corner Lots. At all street intersections, no obstruction to vision exceeding 30 inches in height above the established grade of the street at the property line shall be erected or maintained on any lot within the area bounded by the line drawn between points along such street lot line or their extension thereof 30 feet distant from their intersection. Every yard of a corner lot which abuts a street shall be considered a front yard. The front yard setback requirements specified in § 17-29, Schedule 1, Area, Yard and Bulk Requirements, shall be complied with on every street frontage. The width requirements for corner lots specified in § 17-29, Schedule 1, Area, Yard and Bulk Requirements shall be the minimum lot width along the street the principal building faces; the minimum lot width along the other street shall comply with the Schedule 1 requirements for interior lots. The only exception to the width requirements of a corner lot shall be in the B-1 Business Zone, where the side yard shall be 1/2 of the corner front yard setback.
[Ord. No. 13-09]
c.
Yards of Lots Fronting on More Than One Street, Other Than Corner
Lots. Where a lot which is not a corner lot fronts on more than one
street, every yard which abuts a street shall be considered a front
yard, and the front yard setback requirements for the zone in which
the lot is situated shall be complied with on every street frontage.
In the case of a lot running through from one street to another, the
frontage of such lot, for the purposes of this Article, shall be considered
that frontage upon which the majority of the buildings in the same
block front, but in case there has been no clearly defined frontage
established, the owner may, when applying for a building permit, specify
on his permit application which lot line shall be considered the front
lot line.
d.
Required Area of Space Cannot Be Reduced. The area or dimension of
any lot, yard, parking area or other space shall not be reduced to
less than the minimum required by this Article; and, if already existing
as less than the minimum required by this Article, said area or dimension
may be continued and shall not be further reduced.
e.
Frontage Upon a Street. Every principal building shall be built upon
a lot with the minimum required frontage on an improved and approved
street in accordance with the street standards established by the
Borough of Mount Arlington.
a.
General Application. No building or structure shall have a greater
number of stories or greater number of feet than are permitted in
the zone where such building or structure is located.
b.
Permitted Exceptions.
(1)
Height limitations stipulated elsewhere in this Chapter shall
not apply to churches, spires, belfries, cupolas and domes, monuments,
historic edifices, chimneys, flagpoles, private radio and TV antennas,
fire towers, tanks, water towers and standpipes, all attached to the
principal structure, and essential services. All freestanding exceptions
shall be considered as accessory structures. Heights of radio and
television antennas shall be no higher than 10 feet above the highest
point of the structure.
(2)
Permitted exceptions listed under paragraph b(1) above, when
freestanding and not attached to the principal structure, shall be
limited to a height equal to the distance of the freestanding structure
to the closest lot line.
(3)
Mechanical appurtenances such as condensers, elevator penthouses,
exhaust fans, air-conditioning equipment and other similar equipment
are exempt from these height restrictions, provided they do not extend
more than 10 feet above the maximum height limitations, cover no more
than 10% of the roof area and are properly shielded by a parapet wall.
a.
General.
(1)
Required yards shall be open to the sky, unobstructed except
for the ordinary projection of parapets, windowsills, door posts,
rainwater leaders and similar ornamental or structural fixtures which
may not project more than one foot into such yards or as may otherwise
be permitted in this Article. Parking is permitted except where otherwise
prohibited by this Article.
(2)
Cornices, eaves, bay windows, balconies, and uncovered stairways
may project not more than two feet into any required yard.
(3)
Chimneys, flues, patios, or outdoor barbecues may not be erected
within any minimum required front or side yard. Patios shall not be
located closer than 15 feet to any rear property line.
b.
Front Yard Requirements Affected by Official Map or Master Plan.
Where any lot fronts on a street right-of-way which is proposed to
be widened as indicated on the Official Map or Master Plan of the
Borough of Mount Arlington, or Master Plan of Morris County, or by
the State of New Jersey, as adopted by the appropriate agency pursuant
to law, the front and rear yard of any interior lot or side yard of
a corner lot in such zone shall be measured from such proposed future
right-of-way line.
c.
Side Yard Exceptions.
(1)
Corner lot.
(a)
Any corner lot delineated by subdivision after adoption of this
Chapter shall provide a side street setback line which shall be the
same as the minimum front yard required on any adjoining lot fronting
on the side street. Parking may be permitted within this area not
closer than 10 feet to a right-of-way line.
(b)
A corner lot platted on the Borough's tax maps as the lot existed
at the time of adoption of this Chapter, or any corner lot shown on
any subdivision plat which received approval prior to the adoption
of this Chapter, in which the application of paragraph c(1)(b) above
would render said lot unbuildable, on approval of the Planning Board,
may be permitted to encroach into one or both of the required side
yard or front yard, as the case may be, in such a manner as the Planning
Board may decide is consistent with the objectives of good planning
and zoning, provided it can be done without any adverse effect on
any adjacent lots.
a.
Maximum Lot Coverage. The maximum lot coverage on each lot shall
not be greater than is permitted in the zone where such buildings
and structures are located and shall include all porches, chimneys,
extensions and accessory buildings and structures.
b.
Maximum Improved Lot Coverage. In all zones, in connection with every
industrial business, institutional, recreational, residential or other
use, the maximum permitted lot coverage of principal and accessory
buildings and structures and improved areas, including off-street
parking and loading areas, driveways and other impervious surfaces,
shall not exceed that percentage set forth in Schedule 1, Area, Yard
and Bulk Requirements, of this Article.
There shall not be more than one principal structure on each
lot in any zone, except as permitted for development groups.
Notwithstanding any other provisions of this Chapter, no building
or structure shall hereinafter be erected, moved, altered, added to
or enlarged within a distance of 25 feet from the mean high-water
mark of a watercourse or other body of water. In addition, an easement
of not less than 15 feet along each side or edge of said watercourse
or other body of water shall be provided. Unless specifically permitted
elsewhere in this Chapter, no building, structure or other impervious
areas shall be permitted to be constructed within said easement or
restricted area.
a.
Notwithstanding any other provisions of this Chapter, a separate
lot of at least 7,500 square feet with a minimum width of 50 feet
existing in separate ownership at the time of passage of this Chapter
may have constructed thereupon a single-family dwelling provided that
all necessary approvals from the Board of Health for water and sewer
have been secured. The prevailing setback in the neighborhood shall
be maintained and a minimum side yard of 10 feet shall be maintained.
b.
Nonconformity Due to Setback. When an improved lot in a residential
zone exists as a separate, isolated lot under separate ownership and
does not adjoin any vacant land or vacant lot of the same owner and
which said improved lot is nonconforming due to setback the existing
residential building or structure on the lot may be further improved
provided that:
[Ord. No. 08-08 § 17]
(1)
The number of dwelling units shall not exceed the number allowed
in the district;
(2)
Any existing nonconforming setbacks from streets, side lot lines
or rear lot lines shall not be made more nonconforming by the improvement;
(3)
Any improvement constructed within an applicable setback shall
not exceed in footprint area 20% of the first floor of the building
or structure as it exists as of the date of adoption of this Chapter
and shall not be located or constructed within 50% of the applicable
setback.
[Ord. No. 10-11 § 8]
(4)
Any improvement shall not exceed any of the requirements set
forth on Schedule 1 of this Chapter (other than setback requirements).
c.
Nonconformity Due to Lot Area. When an improved lot in a residential
zone exists as a separate, isolated lot under separate ownership and
does not adjoin any vacant land or vacant lot of the same owner and
which said improved lot is nonconforming due to lot area the existing
residential building or structure on the lot may be further improved
provided that:
[Ord. No. 08-08 § 17]
(1)
The number of dwelling units shall not exceed the number allowed
in the district;
(2)
Any existing nonconforming setbacks from streets, side lot lines
or rear lot lines shall not be made more nonconforming by the improvement;
(3)
Any improvement shall not exceed any of the requirements set
forth on Schedule 1 of this Chapter.
[Ord. No. 00-21]
a.
Permit Required. No land shall be cleared, graded or otherwise permanently
disturbed in a manner which alters slopes and/or the flow of stormwater
runoff for any purpose, including but not limited to the construction
of single-family dwellings, multifamily dwellings or other buildings
or structures, the mining of minerals, the removal of other natural
resources, the development of golf courses and/or the construction
of streets by any person or entity other than the Borough of Mount
Arlington, County of Morris, State of New Jersey unless the Borough
Engineer has first approved a lot grading plan for the proposed activity
and has issued a grading permit allowing such activity to proceed.
[Ord. No. 10-11 § 9]
b.
Exemptions from Requirements.
[Ord. No. 10-11 § 9]
(1)
Any development which has received approval from the Planning
Board shall be exempt from the requirements of paragraph a of this
section. This exemption shall only apply to grading shown on the plan(s)
approved by the Planning Board. All other grading activities shall
not be exempted.
(2)
The Borough Engineer may at his discretion waive any requirement
of this section if an applicant can demonstrate to the satisfaction
of the Engineer that the requirement for which a waiver is sought
is not applicable and will not result in the detriment to the public
health, safety and general welfare.
c.
Grading Plan Preparation and Contents. The lot grading plan shall
be prepared by a professional engineer licensed by the State of New
Jersey. Two copies of the plan shall be submitted to the Borough Engineer
together with two copies of an application for grading permit (which
application form shall be available through the office of the Borough
Engineer) and the fee required by paragraph f of this section. The
lot grading plan shall contain the following information:
(1)
Date.
(2)
Layout of proposed buildings and structures.
(3)
North arrow, scale; block and lot number of the subject property
(or properties); name and address of record owner; name, address license
number and seal of the person preparing the plan.
(4)
Complete lot boundary line information based on a current survey
prepared by a New Jersey-licensed land surveyor.
(5)
Building setback lines, lines of existing streets, easements
affecting the property and any areas dedicated to public use.
(6)
Location of existing buildings and structures, if any, including
walls, fences, culverts and bridges. Spot elevations as to all such
structures shall be provided. Structures to be removed shall be indicated
by dashed lines.
(7)
Location of all existing and proposed storm drainage structures.
(8)
Existing contours at two-foot intervals where slopes are less
than 10%, five-foot intervals where slopes are 10% or greater. Existing
contours shall be shown by dashed lines.
(9)
Proposed contours with similar intervals. Proposed contours
shall be shown by solid lines.
(10)
Location of existing rock outcroppings, high points, watercourses,
depression, ponds, marshes, wooded areas and other significant natural
features.
(11)
Proposed use of land, buildings and other structures, including
driveways, roads, curbs, sidewalks and other paved areas.
(12)
Existing and proposed utility locations.
(13)
Landscaping plans showing existing vegetation to remain and
all areas to be seeded or planted. Size and type of proposed trees
and shrubs shall be indicated. All trees eight inches DBH or greater
shall be shown.
(14)
Disturbance fencing shall be provided around the limits of all
areas of disturbance.
(15)
Split fencing and/ or hay bales shall be provided downstream
of all areas for disturbance.
(16)
Such other information as may be required by the Borough Engineer
in order to determine that the requirements of this section have been
met.
d.
Vegetation. The preservation of natural vegetation shall be preserved
wherever practical. The regarding or stripping of vegetation on steep
slopes shall comply with the following standards:
(1)
On slopes less than 10% vegetation can be stripped from the
site necessary to build all buildings and ancillary paved areas as
well as that part of the site not to be improved but will be regarded
as approved by the Borough Engineer.
(2)
On slopes between 10% and 15%, vegetation shall not be stripped
from more than 40% of the slopes.
(3)
On slopes between 15% and 25%, vegetation shall not be stripped
from more than 30% of the slopes.
(4)
On slopes 25% or greater, vegetation shall not be stripped from
more than 15% of the slopes.
(5)
Irrespective of the above regulations, an applicant may regrade
a steep sloped area, provided that in no event shall the applicant
disturb or regrade more than 200 square feet of the lot to be developed.
e.
Time for Action. The Borough Engineer shall review and approve, conditionally
approve or deny the lot grading permit application within 30 days
of the date on which a complete application is submitted. Otherwise,
the application for grading permit shall be deemed to be approved.
f.
Review and Application Fees.
[Ord. No. 09-06, Ord. No. 10-11 § 9]
(1)
The applicant of a grading permit shall be responsible for the payment of engineering and legal review and inspection fees. Upon submission of a grading permit application the applicant shall submit an escrow fee payable to the Borough of Mount Arlington of no less than $500. Additional escrow fees may be required if deemed appropriate by the Borough Engineer; the amount of which shall not exceed $200 each time a request for additional escrow is made to the applicant. Escrow fees shall be administered in accordance with § 17-5.8.
(2)
Each application for a grading permit under this section shall
require the submission of a permit fee in the amount of $100, payable
to the Borough of Mount Arlington upon issuance of an approved grading
permit.
Agricultural uses, including customary farm occupations or lands
which qualify as farmland as defined herein, shall be permitted in
any residential zone subject to the following conditions:
a.
Buildings may be utilized for horticulture, nurseries, greenhouses
and for the growing, raising, harvesting and sale of agricultural
crops, provided that no building shall be nearer than 100 feet from
any lot line, except residential buildings which may be located in
conformity with the standards for residences within those districts
in which they are located.
b.
The keeping of domesticated animals shall be limited to lots of at least five acres in area except as regulated under home agriculture use requirements under § 17-32.6.
c.
The display for sale of products grown or raised by the owner, tenant,
or lessee shall only be permitted where:
(1)
The products sold are in their natural state.
(2)
The sale of such products are within the confines of the property
upon which they have been grown or raised.
(3)
The place of sale or storage of any such products, whether of
a permanent or temporary nature, shall not be closer than 100 feet
to any side or rear lot line. One farm stand not to exceed 150 square
feet shall be permitted on the property.
(4)
The sale of any such products shall not have a deleterious effect
on adjoining properties by reason of nuisance or health hazard or
other factors as specified herein.
(5)
The sale of any such products shall also require that a suitable
amount of off-street parking and loading space be required as provided
herein.
a.
In zones where permitted, no building or structure shall be located
within 15 feet of any property line or closer than permitted for principal
structures in the zone where located, whichever is greater.
b.
In zones where permitted, there may be included retail sales of food
and products accessible to the facility.
c.
Recreational facilities not entirely enclosed in any building shall
be located not less than 25 feet from any property line and shall
be effectively screened from adjoining residential uses.
d.
No public address or sound amplifier system shall be permitted except
where such system shall not be audible beyond any property line.
e.
Other factors, such as lighting, drainage, parking, surfacing and signs, shall be subject to site plan review as set forth in Article VII.
f.
Outdoor recreation facilities shall include golf courses, ice-skating
rinks, swimming pools, tennis courts, other court games, public beaches,
marinas, and other similar facilities.
[Ord. No. 2008-16 § 7]
Pursuant to the procedure hereinafter set forth, two or more
structures may be erected and maintained on the same lot where permitted
elsewhere herein. Additionally, in residential zones, where otherwise
permitted, several lots may be combined into one special plan covering
a development group. The procedure is intended to permit diversification
in the location of structures and to improve circulation facilities
and other site considerations while ensuring adequate standards relating
to public health, safety, welfare and convenience in the use and occupancy
of buildings and facilities in development groups.
a.
Nonresidential Development Design Standards.
(1)
Minimum Lot Area Required. In any nonresidential zone, planned
development groups may be permitted where two or more principal structures
are developed on a single zone lot, subject to all minimum area, bulk,
and yard requirements established in Schedule 1 of this Article and
other regulations of this Chapter and the additional requirements
herein.
(2)
Spacing and Orientation of Building Groups. Spacing between
buildings and orientation in commercial and industrial building groups
shall be as follows:
(a)
Exterior walls of opposing or adjacent buildings shall be located
no closer than 1.5 times the distance equal to the height of the taller
building.
(b)
A building group may not be so arranged that any permanently
or temporarily occupied building is inaccessible to emergency vehicles.
(c)
No structure shall exceed 35 feet in height.
b.
Apartment Development Design Standards.
(1)
Two or more apartment buildings or structures on one zone lot.
Under the provisions of this Chapter, apartment buildings or structures
are permitted on one lot, where otherwise permitted herein, subject
to all minimum area, bulk and yard requirements established in Schedule
1 and other regulations in this Chapter and the additional requirements
herein.
(2)
Distances between buildings. The minimum distance between any
two buildings shall not be less than as required under the following
formula:
|
Windowless wall to windowless wall
|
20 ft.
|
|
Window wall to windowless wall
|
30 ft.
|
|
Window wall to window wall
| |
|
Front to Front
|
75 ft.
|
|
Front to Rear
|
60 ft.
|
|
Rear to Rear
|
50 ft.
|
|
End to End
|
30 ft.
|
|
Any building face to private driveway
|
20 ft.
|
|
Any building face to collector street curb
|
50 ft.
|
|
Any building face to common parking area
|
17 ft.
|
(3)
Maximum Number of Dwelling Units per Grouping.
(a)
Each building shall be of fireproof construction and shall contain
not more than 24 dwelling units, with no portion of the building below
the first story used for dwelling purposes.
(b)
The maximum length of any apartment building shall not exceed
120 feet with an offset every 40 feet of at least 20% of the depth.
The building shall be designed so as to be accessible to all emergency
vehicles.
(4)
Courts. Where a court is provided, the minimum dimension of
the court shall be 40 feet or one and one-half (1-1/2) times the height
of the building, whichever is greater.
(5)
Recreation Space. There shall be provided on the site of each
development an area of not less than 100 square feet of recreation
space for each dwelling unit, but in no case shall there be less than
2,000 square feet devoted to the joint recreational use of the residents
thereof. Such recreation space shall be appropriately located in other
than a front yard and shall be required to be developed with passive
and/or active recreational facilities.
(6)
Off-Street Parking Requirements. Off-street parking facilities
shall be provided at the rate of two off-street spaces per dwelling
unit.
(7)
General Landscaping Requirements. Any unenclosed use or area
shall be landscaped as required by the Planning Board. Provision shall
also be made for landscaping as required elsewhere herein.
(8)
No structure shall exceed 35 feet in height.
(9)
Recycling. Any new multifamily housing development, single-family housing development of 50 or more units, or any commercial or industrial development proposal for the utilization of 1,000 square feet or more of land (except those exempt under § 144-3B of the Borough Code), the management or owner is responsible for setting up and maintaining the recycling system, including collection of recyclable materials, in accordance with guidelines or regulations established by the Borough Recycling Coordinator and § 17-24.9, Solid Waste and Recycling of the Borough of Mount Arlington's Code.
a.
Maximum Density. Not more than six dwelling units per acre, except as may be limited by the regulations applicable to any specific zone. Critical Area Development Control, Article XII shall apply in computing the maximum number of units.
b.
Building Requirements.
(1)
Design.
(a)
Each dwelling unit shall have not less than two exposures.
(b)
There shall be no more than eight dwelling units in any single
group of dwelling units.
(c)
No dwelling unit, or group of dwelling units, shall exceed 35
feet in height. No living space shall be permitted above the second
floor.
(d)
No more than two adjacent dwelling units may be constructed
without providing a front wall setback of not less than four feet.
(e)
Common accessory buildings and facilities shall be designed
to harmonize with the overall character of the development.
(2)
(3)
Construction. In addition to the specifications herein, construction
of all dwelling units shall conform to the State Uniform Construction
Code.
[Ord. No. 95-5 § 3]
c.
Parking Requirements. Two spaces for each dwelling unit.
d.
Common Open Space. Common open space resulting from the application
of standards for density, or intensity of land use shall be set aside
for the use and benefit of the residents in such development. At least
25% of the total area shall be set aside as open space of which 10%
shall be in formal recreation facilities. Common open space shall
be subject to N.J.S.A. 40:55D-43, Standards for the Establishment
of Open Space Organization. The applicant shall submit for approval
to the Planning Board Attorney and Borough Attorney all master deeds,
maintenance agreements and homeowners and/or condominium association
regulations as they affect the control, maintenance and use of all
common open space not deeded to the Borough.
e.
Utilities, Facilities, and Landscaping.
Prior to approval of planned developments which shall include
cluster residential and planned unit development, the Planning Board
shall find the following facts and conclusions:
That departures by the proposed development from zoning regulations
otherwise applicable to the subject property conform to the zoning
ordinance and site plan standards.
That the proposals for maintenance and conservation of the common
open space are reliable, and the amount, location, and purpose of
the common open space are adequate.
That provision through the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic,
and the amenities of light, air, recreation, quiet and visual enjoyment
are adequate.
a.
Planned Unit Development (PUD).
Purpose. It is in the intent of the PUD Zone regulations to
provide a realistic opportunity for the construction of a variety
of housing types and income levels in the Borough, including housing
for low- and moderate-income households; and to encourage the development
of such lower income housing and other housing by providing specific
land use regulations addressing those needs. These regulations are
designed to meet the mandate of Mt. Laurel II.
For purposes of this section, low-income households are those
with an income no greater than 50% of the median household income
of the Newark Primary Metropolitan Statistical Area (PMSA), adjusted
for household size, and the moderate-income households are those with
incomes no greater than 80% and no less than 50% of the median household
income of the Newark Primary Metropolitan Statistical Area, adjusted
for household size. These maximum household income levels for low-
and moderate-income households correspond to the very-low-income and
low levels designated by the U.S. Department of Housing and Urban
Development (HUD) for its Section 8 Rental Assistance Program for
Newark PMSA and available from its Newark Area Office.
The applicant and approving authority may mutually agree that
an applicant may contribute $10,000 for some of the low- and moderate-income
units the applicant is obligated to construct in lieu of constructing
the units, provided that the number of units in lieu of on-site construction
cannot be greater than the indigenous need of the Borough as established
by COAH.
(1)
Minimum tract size: 10 acres.
(2)
Minimum lot size: 5 acres.
(3)
Utilities Required. All such developments shall be served by
public sewer and public water. The Planning Board, however, may permit
nonresidential uses to be served by approved means of sewage treatment
providing provision is made to connect these uses into public sewers
when such sewers become available. The Planning Board may impose reasonable
requirements to implement this requirement such as the installation
of dry sewers.
(4)
Minimum Open Space and Buffers. A minimum of 25% of the site shall be in public open space. A minimum buffer strip as defined in Article VII of 75 feet shall be provided along all property lines.
(5)
Maximum Density and Number of Units. A PUD shall be developed
in such a manner so as to limit the maximum density to eight bedrooms
per gross tract acre. Gross acre shall include all areas within the
tract boundary lines except:
(6)
Design. A PUD shall be designed in accordance with the standards
and principles set forth in this Chapter.
(7)
Access. Principal access shall be from a collector road or higher
(wider) road.
(8)
Maximum Height. No structure shall exceed 35 feet.
(9)
Permitted Types of Housing - single-family attached, detached, as provided in Section 17-31.7A, Single-Family Detached-PUD Zone, garden apartments and multi-structure as provided in Section 17-31.3, multi-structure development, and townhouses as provided in Section 17-31.4, townhouses shall be permitted except that the percentage of garden apartment units shall not exceed 25% of the total number of units and the percentage of single-family detached units shall not exceed 10% of the total number of units. Careful attention shall be given to providing appropriate and compatible land uses to that permitted in adjacent zones.
[Ord. No. 93-19]
(10)
Commercial Facilities. No less than 35% of the gross tract area
shall be developed for commercial use, which is defined as any principal
or accessory use permitted in the B-1 Zone, and/or any conditional
use permitted in the RA-40 Zone.
(11)
Common Open Space. Ownership and maintenance of common open
space shall be regulated in N.J.S.A. 40:55D-43, Standards for the
Establishment of Open Space Organization, in the Municipal Land Use
Law. Applicant shall submit for approval to the Planning Board Attorney
and Borough Attorney all master deeds, maintenance agreements and
homeowners and/or condominium association regulations as they affect
the control, maintenance, and use of all common open space not deeded
to the Borough.
(12)
Attorney's Certification of Compliance with Regulations of New
Jersey Council on Affordable Housing. The applicant's attorney shall
certify that all master deeds, maintenance agreements and homeowners
and/or condominium association regulations are in compliance with
the regulations of the Council on Affordable Housing. The certification
shall specify the details of said compliance.
(13)
Timing. As part of preliminary site plan approval of the entire
PUD, the Planning Board shall consider and establish a timing and
phasing schedule including: (1) the number and type of dwelling units
to be constructed annually; (2) timing of the construction and installation
of improvements; and (3) when industrial, recreation, commercial and
service uses shall be completed.
The Planning Board shall consider, in its approval of the timing
and phasing schedule, the ability of the applicant to complete the
work within the schedule, adequacy of municipal and private facilities
needed to accommodate the residents of the PUD, and adequacy of design
of each phase to stand independently of other phases at any time.
As a guiding principle, nonresidential development shall proceed concurrently
with residential development.
Approvals may stipulate that before building permits are issued
for any subsequent phases or stages of a PUD, previously approved
phases shall be complete and/or that certain improvement or recreational
amenities shall be completed.
(14)
Approvals. Granting of preliminary approval shall convey to
the applicant all rights set forth in N.J.S.A. 40:55D-49. Applicant
shall be required to submit each phase to the Planning Board for final
approval.
(15)
Improvements. The Planning Board shall approve, in the same
manner as set forth in the Subdivision Section, all improvement plans.
(16)
Lower Income Housing Requirements.
(a)
Number and type of lower income dwelling units. The development
in the PUD zone shall be required to provide 10% of the total number
of on-site dwelling units to be affordable for lower income households,
unless the in-lieu payment option is selected for the indigenous need
portion. However, in no event shall the development be required to
provide more than 36 such units. A minimum of 15% of all such low-
and moderate-income units shall be three-bedroom units. At least 35%
of the low- and moderate-income units shall be two-bedroom units.
No more than 20% of all low- and moderate-income units may be efficiency
units.
(c)
Eligibility Standard. One half of all lower income units shall
meet HUD Section 8, or other assisted housing programs eligibility
requirements for very-low-income (Mt. Laurel II low income) and 1/2
shall meet HUD eligibility requirements for lower income (Mt. Laurel
II moderate income).
(e)
Maximum Monthly Housing Costs. The maximum monthly housing cost
shall be 28% of the gross annual household income based on HUD's Section
8 income limits adjusted for household size for sales units and 30%
for rental units. The average price of low- and moderate-income units
shall be, as best as practicable, affordable to households at 57.5%
of median income as contained in N.J.A.C. 5:92-12-4.
(f)
Subsidies. Government subsidies may be used at the discretion
of the said applicant to fulfill the requirements of the section.
The lack of subsidies shall in no way alter or diminish the lower
income requirements of this section.
(g)
Resale and Rental of Lower Income Housing.
[i]
All low- and moderate-income dwelling units within
the PUD zone shall be required to have covenants running with the
land to control the resale price or sublease of for-sale units or
to employ other legal mechanisms which shall be approved by the Borough
Attorney and will, in his opinion, ensure that such housing will remain
affordable to persons of low- and moderate-income for 30 years.
[ii]
The owner of all rental units shall provide legal
documentation, to be approved by the Borough Attorney, to assure that
rental units will remain affordable to persons of low and moderate
income.
[iii]
In the event that no low- or moderate-income
purchaser is found within 60 days after the unit is listed for sale
with a realtor and the Borough is notified in writing of such listing,
the low-income unit may be sold to a moderate-income purchaser or,
if none is available, the unit shall be placed on the rental market
at a rent consistent with low-income affordability. If no low income
tenant is available that unit may be rented at a rent consistent with
moderate-income affordability. If no tenant is found within 60 days
after the unit is listed for rent, the unit may be sold to any interested
purchaser. Proof of the attempt to sell and/or rent shall be submitted
to and shall be satisfactory to the Housing Administrator. Resale
controls shall remain in effect for any subsequent resales, leases,
and subleases.
[iv]
Initial occupancy of low- and moderate-income
housing units shall be such that no more than 50% of the units are
made available to income eligible households that reside in the municipality
or work in the municipality and reside elsewhere. Selection procedures
shall be directed and administered by a Borough official appointed
each year as the Housing Administrator by the Borough Council. The
Borough Council may establish reasonable qualifications for occupants
of low- and moderate-income housing and may arrange for third party
administration of resale and tenant selection of low- and moderate-income
housing.
[v]
The developer shall formulate and implement a written
affirmative marketing plan consistent with N.J.A.C. 5.92-15.2. The
affirmative marketing plan shall be realistically designed to ensure
that low- and moderate-income persons of all races and ethnic groups
are informed of the housing opportunities in the development, feel
welcome to seek or buy or rent such housing and have the opportunity
to buy or rent such housing. It shall include advertising and other
similar outreach activities.
[vi]
Sales prices and rents may be increased in accordance
with the annual Metropolitan New York Regional Consumer Price Index
for Housing of the Department of Labor. For sales housing, the sales
price may also be increased for documented monetary outlays for reasonable
improvements previously approved by the Housing Administrator and
reasonable costs incurred in selling the unit. After 30 years, all
such units may be sold or rented without restrictions.
[vii]
Rental units may be converted to condominium
units after 15 years, but any sale of condominium units shall be restricted
to persons meeting moderate-income eligibility standards. After 30
years from the date of the issuance of the initial certificate of
occupancy, including both rental and condominium occupancy, all such
units may be sold or rented without restriction.
(h)
Phasing of Lower Income Housing.
[i]
Schedule for phasing. Low- and moderate-income
housing shall be phased in accordance with the following schedule:
|
Minimum Percentage of Low- and Moderate-Income Housing Unit
Certificates of Occupancy
|
Percentage of Total Market Housing Unit Certificates of Occupancy
|
|---|---|
|
0
|
25
|
|
10
|
25+1 Unit
|
|
50
|
50
|
|
75
|
75
|
|
100
|
90
|
|
--
|
100
|
[ii]
Any development in the PUD zone for which site plan approval has been approved shall be considered a single development for purposes of this § 17-31.5, regardless of whether parts or sections are sold or otherwise disposed of to persons or legal entities other than the one which received approval. All such approvals and conditions of approvals shall run with the land. Any tracts or parcels sold shall include documentation satisfactory to the Borough Attorney, setting forth the requirements for low- and moderate-income housing units.
(i)
Waiver of Fees. Notwithstanding any ordinance requirement of the
Borough of Mount Arlington, the applicable approving agency shall
waive the following municipal fees for every unit designated as low-
and moderate-income housing:
(j)
Maximum Number of Units. Upon the construction and/or rehabilitation of 36 affordable low- and moderate-income housing units, the Planning Board, in its discretion, may refuse to consider further applications for multifamily housing in the PUD Zone. Should the Planning Board consider further applications for multifamily housing in the PUD Zone after the construction and/or rehabilitation of 36 affordable units, the maximum density permitted shall be six bedrooms per gross tract area as defined in § 17-31.5a(5) of this Article.
b.
Planned Cluster Residential Development Groups.
(1)
In any residential zone, an applicant for a major subdivision
may apply to the Planning Board for a cluster subdivision. Such application,
as proposed in a letter, shall be accompanied by a sketch plat indicating
in general the plan and the area to be retained in open space or used
for other municipal purposes.
If in the opinion of the Planning Board, such a development
will assist in achieving the objectives of the Master Plan, Official
Map, or other codes and ordinances, the applicant may be permitted
to submit a cluster plan. The Planning Board shall have sole authority
as to whether cluster shall be permitted. If the applicant proposes
that the open space shall be dedicated to the Borough, then the Planning
Board, shall request approval from the Borough Council that the open
space or land resulting from the application of cluster development
will be accepted by the Borough. If approval is not granted within
60 days from the date of referral, and the Planning Board approves
submission of a cluster plan, the applicant may submit a cluster plan
providing only for ownership of common land in accordance with the
provisions of N.J.S.A. 40:55D-43 (Standards for the Establishment
of Open Space Organization) of the Municipal Land Use Law.
(2)
Maximum Number of Lots. The maximum number of lots shall be determined by design of a conventional subdivision with the following areas excluded from consideration and as modified by Article XII.
(4)
Location and Use of Dedicated Lands. The Planning Board shall
have full authority to approve or disapprove the locations and proposed
uses of lands required to be dedicated in accordance with the foregoing
and as guided in their decisions by this subsection and the following:
(a)
Lands required to be dedicated shall be so located so as to
meet the needs of open spaces, parks, playgrounds, rights-of-way protecting
major streams or open drainage way, buffer areas and other environmental
criteria, for agricultural purposes, or to provide additional neighborhood
area for recreational purposes or school purposes. The Planning Board
shall make certain that not only Borough requirements shall be satisfied,
but that dedicated area be so located as to meet any possible future
needs of the neighborhood or region.
(b)
The Planning Board shall have full discretion as to the location
and size of the various use need areas and their distribution. They
shall not generally approve areas of less than five acres except when
such a site is considered adequate for its specific use, and they
shall make certain that a reasonable portion of required dedicated
area shall be located so as to specifically serve the need of the
development where located.
(5)
Disposition of Areas Dedicated.
(a)
Areas dedicated to the Borough of Mount Arlington shall be free
and clear of all mortgages and encumbrances.
(b)
Areas dedicated by deed to a permanent property owners association,
cooperative or condominium corporation, for their use, control and
management for open space, recreational or agricultural use, shall
be free and clear of all mortgages and encumbrances, provide appropriate
restrictions to assure the effectuation of the purpose of this section
and provide for the maintenance and control of the area. All requirements
of N.J.S.A. 40:55D-43 of the Municipal Land Use Law shall apply.
c.
Planned Residential Development. It is the intent of the PRD-A Zone
regulations to encourage a comprehensive and appropriate development
of this zone to accommodate small lot single-family detached housing
of a variety of housing configurations which would provide an appropriate
transition from the higher intensity developed planned unit development
zone of mixed, commercial and residential components to the adjoining
larger lot area single-family development. The zone standards recognize
and accommodate the critical site development constraints of this
area.
(1)
Intent.
(a)
Minimum tract size: 50 acres.
(b)
Dwelling type permitted: single-family detached, patio homes,
zero lot line homes, semi-detached dwellings.
(c)
Utilities. Public utilities including but not limited to sewer
and water.
(e)
Lot area and bulk standards:
[i]
Minimum lot size: 7,500 square feet (interior lot).
[ii]
Minimum lot size: 10,000 square feet (corner lot).
[iii]
Minimum lot width: 65 feet (interior lot).
[iv]
Minimum front yard setback: 25 feet.
[v]
Minimum side yard setback:
One: 0 feet/20 feet.
Both: 20 feet.
[vi]
Minimum rear yard setback: 20 feet.
[vii]
Minimum common open space tract area: 50%.
[viii]
Maximum impervious lot coverage (individual
residential lot): 50%.
(f)
Location and Use of Dedicated Lands. The Planning Board shall
have full authority to approve or disapprove the locations and proposed
uses of lands required to be dedicated in accordance with the foregoing
and as guided in their decisions by this subsection and the following:
[i]
Lands required to be dedicated shall be so located so as to
meet the needs of open spaces, parks, playgrounds, rights-of-way protecting
major streams or open drainage way, buffer areas and other environmental
criteria, for agricultural purposes, or to provide additional neighborhood
area for recreational purposes or school purposes. The Planning Board
shall make certain that not only Borough requirements shall be satisfied,
but that dedicated area be so located as to meet any possible future
needs of the neighborhood or region.
[ii]
The Planning Board shall have full discretion
as to the location and size of the various use need areas and their
distribution. They shall not generally approve areas of less than
five acres except when such a site is considered adequate for its
specific use, and they shall make certain that a reasonable portion
or required dedicated area shall be located so as to specifically
serve the need of the development where located.
(g)
Disposition of Areas Dedicated.
[i]
Areas dedicated to the Borough of Mount Arlington shall be free
and clear of all mortgages and encumbrances.
[ii]
Areas dedicated by deed to a permanent property
owners association, cooperative or condominium corporation, for their
use, control and management for open space, recreational or agricultural
use, shall be free and clear of all mortgages and encumbrances, provide
appropriate restrictions to assure the effectuation of the purpose
of this section and provide for the maintenance and control of the
area. All requirements of N.J.S.A. 40:55D-43 of the Municipal Land
Use Law shall apply.
Such uses shall be permitted in the HMC Hotel/Motel Conference
Center Zone under the following terms and conditions:
a.
Any motel, hotel, or conference center shall have a minimum of 100
rentable rooms.
b.
Minimum area, yard, and bulk requirements:
(1)
Minimum lot size: 10 acres.
(2)
Minimum width: 200 feet.
(3)
Minimum setback from lot boundaries for all principal structures:
100 feet.
(4)
Minimum setback from lot boundaries for all accessory structures:
25 feet or twice the structure height, whichever is greater.
(5)
Maximum percent of impervious lot coverage: 50%.
(6)
Maximum height: 5 stories, or 60 feet.
c.
Accessory buildings shall have a setback from any principal building
of not less than 10 feet.
d.
Hotel/Motel Conference Center may include those uses normally accessory
to the principal permitted uses. These would include eating facilities,
restaurants, meeting rooms, and recreation facilities.
a.
No trailer shall be permanently used for dwelling purposes or as
sleeping quarters for one or more persons, nor shall any such trailer
be used for storage or space for the permanent conduct of any business,
profession, occupation or trade, except that such trailer facilities
may be used for temporary residency, as a temporary replacement for
a damaged dwelling unit, and for temporary use as a construction office
or for a sales office located on a site during construction, subject
to Planning Board approval.
b.
Temporary Uses of Trailers:
(1)
"Temporary" for purposes of residential occupancy shall mean
90 days with an option to extend for one additional 90 day period.
(2)
Temporary for use as a model home or construction office means
non-24-hour occupancy during the time of construction.
(3)
Temporary office shall be removed within 15 days of the issuance
of a certificate of occupancy for the last unit or 15 days after termination
of construction activity on the property.
[Ord. No. 93-19 § 3]
Single family detached housing in the PUD zone shall meet the
following standards:
a.
Minimum area, yard, and bulk requirements:
(1)
Minimum lot size - 5,000 square feet, but in the event that
single family detached housing is sold in condominium form of ownership,
this provision shall not apply.
(2)
Minimum lot width: 50 feet, but in the event that single family
detached housing is sold in condominium form of ownership, this provision
shall not apply.
(4)
Minimum front yard setback: 25 feet.
(5)
Minimum rear yard setback: 25 feet, but in the event that single-family
detached housing is sold in condominium form of ownership, this provision
shall not apply.
(6)
Maximum building coverage: 2,000 square feet.
b.
Access to single-family detached housing may be off private drives
of not less than 24 feet.
c.
Parking requirements. Two spaces for each dwelling of two bedrooms
or less and three spaces for each dwelling of more than two bedrooms,
shall be provided, which for purposes of this section shall include
any spaces provided in garages or on driveways but shall not include
any on-street parking.
[Ord. No. 97-8 § 3]
It is the intent of this section to permit the development of
an assisted care facility as part of a planned unit development to
provide a continuum of housing choices and to compliment the existing
single-family, townhouses and condominium flats and commercial development
on site. Assisted living facilities shall be permitted in the PUD
Zone under the following terms and conditions:
a.
The facility shall possess a current Certificate of Need from the
State of New Jersey.
b.
The facility shall possess a current license from the State of New
Jersey as an assisted living facility.
c.
Minimum Area, Yard and Bulk Requirements:
(1)
Minimum lot size: 5 acres.
(2)
Minimum lot width: 200 feet.
(3)
Maximum density: 20 dwelling units per acre.
(4)
Maximum height: 40 feet or 3 stories.
(5)
Front yard setback: 50 feet.
(6)
Rear yard setback: 50 feet.
(7)
Side yard setback (each): 25 feet.
(8)
Building coverage: 35%.
(9)
Impervious coverage: 55%.
d.
Parking. At least one off-street parking space for each two dwelling
units.
e.
Recreation Area. At least 10% of the site shall be developed with
recreational facilities appropriate for the occupants. The 10% may
include interior facilities.
f.
Transportation Services. The assisted living facility shall provide
as part of its basic services to residents of the assisted living
facility, routine non-emergent transportation services for all residents
of the assisted living facility. Such routine, non-emergent transportation
services shall include, but shall not be limited to, transportation
to medical care facilities, shopping, recreation, and transportation
to municipal facilities and municipally sponsored events and functions.
To effectuate the foregoing, the developer shall, as a condition of
preliminary site plan approval, have in effect a transportation services
plan subject to the review and approval of the Planning Board which
shall make a permanent transportation plan a condition of final site
plan approval.
g.
To maintain a balance and proper distribution of various housing
types, not more than 125 assisted care units shall be permitted in
the PUD Zone.
[Ord. No. 97-8 § 3]
It is the intent of this section to permit the development of
qualified senior citizen housing as part of a planned unit development
to provide a continuum of housing choices and to compliment the existing
single-family, townhouse and condo flats and commercial development
on site. Senior citizen housing shall be permitted in the PUD Zone
under the following terms and conditions:
a.
Senior citizen housing shall meet the requirements of the National
Housing Act and specifically 24 C.F.R. part 100 (Department of Housing
and Urban Development - Housing for Older Persons).
b.
The applicant shall submit adequate proof in specific detail to the
Planning Board's satisfaction that the proposed development meets
the provisions of 24 C.F.R. part 100.
c.
Minimum Area, Yard and Bulk Requirements:
(1)
Minimum lot size: 5 acres.
(2)
Minimum lot width: 200 feet.
(3)
Maximum density: 15 dwelling units per acre.
(4)
Maximum height: 35 feet or 3 stories.
(5)
Front yard setback: 50 feet.
(6)
Rear yard setback: 50 feet.
(7)
Side yard setback (each): 25 feet.
(8)
Building coverage: 35%.
(9)
Impervious coverage: 55%.
d.
Parking. At least one and one-half (1.5) off-street parking space
per dwelling unit.
e.
Recreation area. At least 15% of the site shall be developed with
recreational facilities appropriate for the occupants.
f.
To maintain a balance and proper distribution of various housing
types, not more than 125 senior citizen housing units shall be permitted
in the PUD Zone.
[Ord. No. 97-8 § 3]
a.
Project Coordination. Prior to granting preliminary site plan approval,
the Planning Board shall require the developer to schedule such meetings
as the Planning Board deems necessary, which meetings may or may not
be scheduled in conjunction with a Planning Board meeting in the discretion
of the Planning Board with representatives of the Governing Body,
the Police Department, the Fire Department, the First Aid Squad and
such other municipal agencies or officials as the Planning Board may
deem appropriate to review the proposed assisted living facility or
senior citizen housing so that all of the foregoing agencies may make
any recommendations they deem necessary to the Planning Board as it
relates to any appropriate condition of preliminary site plan approval.
[Ord. No. 08-08 § 18]
Accessory structures may be erected within the rear yard provided
that:
a.
No accessory structure shall be used for human habitation.
b.
When an accessory structure is attached to the principal building,
it shall be considered as a part of the principal building, and it
shall comply in all respects with the requirements of this chapter
applicable to the principal building.
c.
The maximum height of any accessory building or structure shall be
12 feet. Towers, spires, steeples, cupolas and other roof structures
shall be permitted an area of 3% of the overall roof area of the entire
structure and shall be permitted a height of no more than three feet
taller than the accessory structure to which it is attached.
[Ord. No. 08-08 § 19]
d.
The maximum square foot area of all accessory buildings on any single
residential lot shall not exceed five hundred twenty-eight (528) square
feet and shall not be larger than the principal building on the same
lot.
[Ord. No. 02-03 § 1]
e.
No accessory building or structure shall be permitted in any front
yard, with front yards being considered where any frontage is on a
street.
[Ord. No. 02-03 § 1]
f.
Accessory structures that are 100 square feet and less shall require
a minimum rear yard setback of 10 feet and a minimum side yard setback
of 10 feet.
[Ord. No. 02-03 § 1]
g.
Accessory structures over 100 square feet must meet the setback requirements
of the zone that the principal building is located in.
[Ord. No. 02-03 § 1]
h.
In the RA-15 and RA-7.5 Zones there shall be no more than one accessory
structure or accessory building per lot.
Except for portable swimming pools less than three feet in height
and less than 10 feet in length or diameter, the following regulations
shall apply to permanent and portable swimming pools, tennis courts
and similar recreational facilities accessory to a residential use.
a.
Said structure shall be erected on the same lot as the principal
structure and shall require a construction permit.
b.
Said structure may be erected in the rear yard of such lot and shall
be located no closer than 15 feet from any lot line or the setbacks
as specified in Schedule 1, whichever is greater.
c.
Said structure shall be appropriately screened, fenced and used so
as not to be a nuisance or adversely affect adjoining properties.
d.
On any corner lot, such use shall not be constructed within the front
yard area to be provided on either street.
e.
Artificial lights used or maintained in connection with such uses
shall be so located and shielded that the illumination there from
is not directed upon adjacent property.
f.
Said use shall meet all applicable codes and ordinances of the Borough
of Mount Arlington and any regulations of a county or state agency.
g.
Swimming pools shall be fenced with a four foot high fence. The fence
is to be used as protection against unsupervised entry of children
into the pool area.
a.
In any nonresidential zone, any accessory structure shall be no closer
than 15 feet to any residential zone line.
b.
In any nonresidential zone, no accessory structure shall be permitted
in the front yard.
c.
When an accessory structure is attached to the principal building
in all nonresidential zones, it should be considered as part of the
principal building and shall comply in all respects with the requirements
of this Chapter applicable to the principal building.
d.
No portion of an accessory structure in any nonresidential zone shall
be used for living quarters.
e.
No accessory building shall be erected on any corner lot closer to
any of the lines of the streets abutting said lot than the front yard
setback lines from said streets.
f.
No accessory building shall exceed 15 feet or more than one story
in height.
Fences or walls in excess of 24 inches in height shall be considered
as accessory uses to a principal permitted use and are permitted in
all zones in accordance with the standards set forth below and shall
require a building permit from the Zoning Officer.
b.
Maximum height and location.
[Ord. No. 02-03 § 2, Ord. No. 10-11 § 10]
(1)
A fence with a maximum height of four feet shall be permitted
anywhere on the property.
(2)
A fence with a maximum height of six feet shall be permitted
anywhere on the property except within a minimum required front yard
setback.
(3)
A transparent fence may be constructed anywhere on the property.
(4)
A solid fence may be constructed anywhere on the property except
within a minimum required front yard setback and between the established
front of a dwelling and public right-of-way.
c.
General Regulations on Fences and Walls.
[Ord. No. 02-03 § 2]
(1)
Landscaping is not defined as a fence for the purposes of this
section and, therefore, does not require a permit.
(2)
Corner Lots. On corner lots, no wall or fence shall be located
closer than the required front yard setback for that zone from any
street right-of-way line for that zone.
(3)
Obstruction to Vision. No fence, wall or landscaping shall be
so constructed or installed so as to constitute a hazard to traffic
or safety.
(4)
Notwithstanding any of the provisions set forth herein, a fence
up to four feet in height which is at least 50% transparent may be
constructed in the front yard of any residential zone.
(5)
The Planning Board may waive site plan approval for fences in
nonresidential zones.
(6)
No fence or wall shall be constructed with barbed wire, metal
spikes, or other dangerous material or constructed in such a manner
as to be dangerous to animals or humans.
(7)
In all instances, the most attractive side of the fence shall
face the adjoining property.
(8)
Notwithstanding the provisions set forth in paragraph b above,
fences shall have a minimum setback of 12 inches from any lot line
or public right-of-way line. An exemption to construct a fence up
to a lot line which is not a public right-of-way line may be granted
by the Zoning Officer, provided that a design of the fence and footings
illustrating that they will not encroach onto the neighboring property
is included with the required zoning permit application.
[Ord. No. 07-09, Ord. No. 10-11]
(9)
An as-built survey of any fence approved to be constructed closer
than 12 inches to a lot line shall be provided to the Zoning Officer
for review and approval following construction. If it is determined
that the fence is encroaching onto a neighboring property the applicant
shall be responsible to relocate or remove the fence within 14 days
after which the Zoning Office shall commence enforcement actions.
A revised as-built survey may be required following relocation to
the fence.
[Ord. No. 10-11]
[Ord. No. 02-03 § 3, Ord. No. 07-09]
Storage of recreational vehicles shall be in accordance with § 133-12, Outdoor Storage.
Home agriculture, including home animal agriculture, may be
conducted in all residential zones so long as the care and management
reasonably conforms to current recommended management practices established
in Recommended Guidelines for Home Animal Agriculture in Residential
Areas, published and revised by the New Jersey Cooperative Extension
Service, New Jersey Agricultural Experiment Station, dated January
1983, with subsequent revisions.
a.
Minimum Lot Size. The minimum lot size, including dwelling site,
shall be one acre. Not more than one animal unit shall be kept on
the first acre, and not more than one animal unit per acre, as follows:
|
Animals Per Unit
| |
|---|---|
|
Cattle
|
1
|
|
Horses
|
1
|
|
Sheep
|
5
|
|
Goats
|
5
|
|
Swine
|
2
|
|
The maximum number of poultry on a property shall be not more
than 32 bird units for each acre. The following poultry shall be regulated
according to poultry bird units, as follows:
|
|
"Bird Unit" Factor
| |
|---|---|
|
Chickens
|
1.0
|
|
Broilers & Fryers
|
0.3
|
|
Ducks
|
2.0
|
|
Turkeys
|
4.0
|
|
Geese
|
4.0
|
|
Rooster
|
1.0
|
|
The maximum number of pigeons shall be 25 pigeons per acre.
|
|
The maximum number of rabbits shall be 25 rabbits per acre.
|
b.
Adequate outdoor space shall be provided for all animals with appropriate
shelter.
c.
Poultry yard, pigeon yard and rabbit hutches shall be located no
closer than 25 feet from any property line.
[Ord. No. 06-09 § 3]
a.
Clothing bins shall be permitted as an accessory use in the B-1,
OB, R-C, and HMC Zones only. In all other zones, clothing bins shall
be prohibited.
b.
Clothing bins shall only be permitted in the rear yard and side yard
provided that they are behind the rear building line.
c.
The placement of clothing bins shall comply with a minimum setback
of 10 feet from any property line.
d.
Clothing bins shall be screened from neighboring properties by a
board on board fence or landscaping with a minimum height equal to
that of the bins.
e.
Clothing bins shall be placed in such locations as to provide adequate ingress/egress route in accordance with § 17-24.3.
f.
The minimum lightning intensity of 0.5 footcandle shall be provided
around clothing bins.
In reviewing any conditional use, the Planning Board shall consider
the following:
Impact of any additional noise, traffic, odors, air pollution
and similar factors on the immediate area and neighborhood.
Accessibility of the lot in terms of transportation and circulation
patterns.
Environmental factors.
Visual and aesthetic impacts.
Adequacy of existing and proposed utility and drainage systems.
The Planning Board shall not approve a conditional use unless
it finds that the use meets all the requirements of this Chapter,
does not substantially impair the use and enjoyment of surrounding
properties, and does not substantially impair the character of the
surrounding area.
The Planning Board may authorize conditional uses only after
determining that the proposed use meets the specifications and standards
set forth in this Chapter for the use and that it will comply, now
and in the future, with the conditions and standards both as to location
and operation for said use.
a.
Such uses shall be conducted on a lot with a minimum area of two
acres.
b.
Minimum front yard and rear yard setbacks required for principal
permitted structures in the OSCU Zone shall be maintained. Minimum
side yards required for principal permitted use in this zone shall
be doubled for churches and other places of worship.
c.
Each property shall be appropriately landscaped, screened, and buffered.
Careful consideration shall be given to developing effective screening
along property lines abutting residential uses The Planning Board
may require appropriate screening depending on site requirements.
d.
No parking shall be permitted in minimum required open spaces, including
side yards.
e.
Parking must be provided on the site as required by this Chapter.
Animal hospitals shall be located no closer than 200 feet to
any lot boundary line except 100 feet from any front yard lot line.
Such facilities shall be maintained in an enclosed structure and shall
be of soundproof construction and so operated as to produce no objectionable
odors at the lot boundary line.
All buildings shall be a minimum of 30 feet from any property
line, except where greater distances are otherwise required herein.
a.
Development Controls. Nursing homes, where permitted, shall be subject
to the area, bulk, and yard regulations of the zone as established
in Schedule 1 herein.
b.
Additional Design Controls.
(1)
Courts. Where a court is provided, is shall have a minimum dimension
of twice the height of the building, or 40 feet, whichever is less.
(2)
Recreation Space. There shall be provided on the site of such
development an area or areas of not less than 2,000 square feet, plus
50 square feet per patient bed, which shall be utilized for the recreational
use of the patients therein.
(3)
Access. There shall be no less than two means of ingress and
egress to any nursing home. Access to the building and circulation
within the building shall also include appropriate ramps and rails
for the infirmed.
(4)
Solid Waste Disposal. Solid waste disposal shall be subject
to all Borough, county, state or federal approval. No incinerator
on the premise shall be permitted.
(5)
Environmental Criteria. Nursing homes shall meet all of the
environmental criteria established in this Chapter.
a.
Essential Services, Enclosed or Permanent Structures. Such uses shall
include electric substations, transformers, switches and auxiliary
apparatus serving a distribution area, and water pumping stations,
water towers, sewage pumping stations, and package sewage treatment
plants. They shall be subject to the following regulations:
(1)
Such facility shall not be located on a residential street,
unless no other site is available and shall be so located as to draw
the minimum of vehicular traffic to and through such streets.
(2)
The location, design, and operation of such facility may not
adversely affect the character of the surrounding residential area.
(3)
Adequate fences, barriers, and other safety devices shall be
provided.
(4)
Buffers, landscaping, berms, and similar measures shall be required
by the Planning Board as part of site plan review.
b.
Essential Services Open. Such uses shall be limited to the erection,
construction, alteration or maintenance by public utilities or Borough
for other governmental agencies, or as approved by a Borough agency
as part of a development plan approval, of underground gas, oil, electrical,
telephone, steam, water or sewage transmission lines or systems and
underground and/or surface equipment, including but not limited to
poles, wires, mains, drains, sewers, pipes, conduits, cables, fire
alarm boxes, police call boxes, traffic signals, hydrants, and other
similar equipment and accessories. Such facility shall be reasonably
necessary for the furnishing of adequate service by such public utilities,
Borough, other governmental agencies or private or semi-private entities
if approved by a municipal agency as part of a development plan application,
in furtherance of the public health, safety or general welfare.
In addition to all other zoning standards including § 17-31.6 of this Article, the following additional standards shall be applicable:
a.
Minimum Habitable Room Area. Such uses shall have a minimum area
for each unit of occupancy of 200 square feet and shall include a
minimum of one bedroom with a shower or bath, a sink and a toilet.
b.
Occupancy. No unit of accommodation designated as a motel, hotel,
motor hotel or other similar use shall contain any permanent housekeeping
facilities except the one unit may so be used by the owner or agent
of the premises.
c.
Shops and Services. Shops and services accessory to motel, hotel,
or motor hotel operations shall be permitted on the ground level floor;
provided, however, that access to such shops and services shall be
only from the interior of the motel, hotel or motor hotel.
In addition to all other zoning standards the following additional
standards shall be applicable.
a.
Location. No automobile service station, gas station, automotive
repair service or garage or any vehicular access thereto shall be
located within 200 feet of schools, playgrounds, churches, hospitals,
public libraries and institutions for dependents or for children and
senior citizen housing.
b.
Vehicular access. Vehicular access to the above uses shall not be
closer to the intersection of any two street lot lines than 50 feet,
nor shall any such use be located within 25 feet of any boundary line
of any residential zone.
Such uses shall be permitted only in accordance with the following
standards.
a.
Where Permitted. In RC Zone only.
c.
Utilities. Each pad shall be furnished with public water and public
sewer and all electrical utilities.
d.
Buffers. A minimum of 25 feet of landscaped buffer area shall be
required around the perimeter of the mobile home park.
e.
Road and Amenities.
(1)
All internal roads shall be improved in accordance with Borough
standards.
(2)
A recreational area and facilities shall be provided in an area
equal to 10% of the total area of the mobile home park.
(3)
There shall be two parking spaces provided for each mobile home
site, one of which shall be provided on the mobile home site.
[Ord. No. 99-16 § 1]
A privately operated tertiary sewage treatment plant shall be
permitted in the R-PRD Zone subject to the following standards:
a.
Minimum lot size: 14 acres.
c.
The sewage treatment plant shall service a development in the R-PRD
Zone.
d.
The sewage treatment plant shall at a minimum be a tertiary treatment
plant with subsurface disposal of treated effluent. This use shall
not be interpreted to include community septic systems or sewage treatment
plants with spray irrigation or overland flow of treated effluent.
e.
Requirements, rules, and regulations, and terms and conditions of
approval by the N.J. Department of Environmental Protection approval.
f.
Approval by the Mount Arlington Board of Health.
g.
Approval by the Borough Engineer or at the option of the Borough
by the Borough Sewer Consulting Engineer.
h.
Site plan approval by the Planning Board.
i.
A natural undisturbed buffer of the following distances from the
sewage treatment plant structures and disposal field:
b.
In all nonresidential zones, unless expressly prohibited, outdoor
storage shall be permitted in side and rear yards only.
c.
No flammable or explosive liquids, solids or gases shall be stored
above-ground in residential zones, provided, however, that such storage
in nonresidential zones may be permitted but only in accordance with
a site plan. Tanks or drums of fuel directly connecting with heating
device or appliances located in any residential zone and on the same
premises as the tanks or drums of fuel are excluded from this provision.
d.
Outdoor storage shall be in accordance with Chapter 133, Property Maintenance, except that the requirements of § 133-12C shall not apply to a dealer of motor and recreational vehicles. Outdoor storage of motor and recreational vehicles by a dealer shall be located no less than 10 feet from a side or rear of line. No outdoor storage shall be permitted within 25 feet of a residential use or zone. Adequate screening shall be provided on any property that has outdoor storage as stipulated in § 133-12A and 133-12B.
[Ord. No. 07-07]
e.
Outdoor storage of any kind is prohibited in the front yard.
f.
Outdoor storage of garbage trucks in any zone is specifically prohibited.
a.
Satellite dish antennae shall be considered as accessory uses to
a principal permitted use and are permitted in all zones subject to
the following regulations:
(1)
No satellite dish antenna shall be permitted in the front yard.
(2)
Satellite dish antenna shall be set back at least 15 feet from the
side and rear lot lines.
(3)
A satellite dish antenna shall not exceed 12 feet in diameter and
shall be effectively screened to the greatest extent possible without
interfering with reception, with evergreen plant material to blend
into the surrounding area.
(4)
The maximum height of a ground mounted antenna shall be 15 feet.
(5)
The color of the antenna shall be a subdued or natural color to reduce
the visual impact of the antenna. Unless impractical, wire mesh type
antennae are required.
(6)
Roof-mounted antenna shall be suitably located to minimize a direct
view of the antenna from the street, unless no other location is available
for reception without interference. Height shall be no higher than
10 feet above the highest point on the structure.
(7)
No lot shall have more than one satellite dish antenna. Wires and
cables running between the ground-mounted antenna and any structure
shall be properly installed underground in accordance with applicable
building codes.
[Ord. No. 00-12 § 2]
Cellular telecommunications antennas are permitted as conditional
uses, subject to compliance with all other requirements in this Chapter
and provided that all of the following requirements are met. Where
located on municipal property, such facilities are subject to courtesy
site plan review only.
Freestanding telecommunications antennas are permitted in the
Cellular Telecommunications Antenna Overlay Zone subject to FAA requirements.
The applicant shall be required to demonstrate that the development
is the minimal necessary to provide adequate communications as may
be authorized by the Federal Communications Commission. Included as
part of this requirement, the applicant shall demonstrate at least,
but not necessarily limited to, the following:
a.
That the technology proposed is the least visually intrusive of various
suitable technologies;
b.
That the height of the antennas is the minimum necessary;
c.
That co-location of the antenna on other existing antenna structures,
or that location at a less visible location, or that the use of microcells,
providing more numerous antennas at lower heights, either within or
outside the Borough of Mount Arlington, is either not practical in
order to provide adequate communication or that the visual impact
to the community on the proposed site is less than would exist at
such alternative locations; and
d.
That the use of digital technology for other existing and pending
antennas in the area would not eliminate the need for the proposed
antenna.
Buildings shall be subject to the applicable height limit in
the zone district. The height of antennas and related structures and
equipment other than buildings, where permitted, shall be subject
to the following height restrictions:
a.
Freestanding antennas in the Cellular Telecommunications Antenna
Overlay Zone shall not exceed 160 feet in height. Related structures
and equipment shall comply with height requirements in the underlying
zone.
b.
Freestanding antennas and related structures and equipment, other
than buildings, when mounted on the roof of an existing building,
as permitted herein, shall not exceed the height of such roof by more
than 20 feet.
The following required locations and minimum setbacks shall
apply:
a.
Freestanding antennas shall not be located in the front yard.
b.
Antennas and related structures and equipment, when mounted on an
existing building roof as permitted herein, shall be located so as
to minimize any detrimental visual impact, as determined to be appropriate
by the Board in the particular situation.
The base of the antenna support structure and any related structures
and equipment shall be screened and secured from the street and adjacent
properties in a manner acceptable to the Board. If deemed necessary
by the Board to mitigate the visual impact of the antenna and related
structures and equipment, the color, materials, and design of the
entire antenna and related structures and equipment shall be required
to modified in appearance so as to blend in with the surrounding environment,
as determined by the Board to be appropriate in the particular situation.
The foregoing may include, but shall not necessarily be limited to,
such modifications as special paint treatment, concealment through
architectural means such as a bell tower, steeple, etc., or the use
of camouflage through simulated foliage so as to appear as a tree.
Notwithstanding any provisions of this Chapter to the contrary,
a cellular telecommunications antenna or antennas are permitted on
the same lot as any other permitted principal use or structure in
the permitted zones.
Any proposed cellular telecommunications antenna and related
structures shall be designed, structurally, electrically and in all
respects, to accommodate both, the applicant's antennas and comparable
antennas for at least two additional users if the antenna is over
100 feet high. The antennas and related structures shall be designed
for future rearrangement of antennas and to accept antennas mounted
at varying heights. If the foregoing design for collocation requires
additional antenna installation or beyond that permitted above, the
Board, in determining the acceptable design, shall balance the benefits
and probability of collocation against any detriments resulting from
such additional antenna height.
The foregoing requirements shall also include a letter of commitment
by the application, submitted prior to any approval by the Board,
to lease excess space on the facility to other potential users at
reasonable rental rates and on reasonable terms. The letter shall
commit the owner of the antenna and related structures and equipment,
as well as any successors in interest.
Wireless telecommunications towers and equipment which are not
operated for wireless telecommunications purposes for a continuous
period of six months shall be considered abandoned and shall be removed
by the owner, at the owner's expense. This removal shall occur within
90 days at the end of such six month period of inactivity. If such
wireless telecommunications tower is not removed within the 90 day
period, the municipality may remove the tower and its structures at
the owner's expense. If the facility is to be retained, its owner
shall provide proof that the facility will be reused within one year
of such discontinuation. If the facility is not used within one year,
a demolition permit shall be obtained and the facility removed. Upon
removal, the site shall be cleaned, cleared restored and revegetate
to pre-construction conditions. To insure the removal of abandoned
towers and related telecommunications facilities, the facility owner
shall be responsible to post a bond at the time a construction permit
is issued to cover the costs of tower removal and site restoration.
a.
Notwithstanding any other provisions in this chapter, the following
uses may be permitted only by the Borough Council.
(1)
Temporary circuses; pony rides; animal acts; carnivals; bazaars;
and educational sports, music or theatrical enterprises and displays
when held out of doors in any zone, provided that the same are sponsored
by a recreational, religious, charitable, social or service organization
located within the Borough of Mount Arlington.
(2)
Cultural or athletic events which are a part of a house of worship,
community house or school, college or university program and which
are held on the premises owned or leased by or otherwise under the
control of the institution conducting or sponsoring said program.
(3)
Bingo, raffles, or other legalized games of chance, when properly
licensed in accordance with state and municipal requirements.
A use, building or structure, lawfully in existence at the effective
day of this Chapter, which shall be made nonconforming at the passage
of this Chapter or any applicable amendment thereto, may be continued
except as otherwise provided in this section.
a.
No existing building or premises devoted to a nonconforming use shall
be enlarged, extended, reconstructed, substituted or structurally
altered except when changed to a conforming use, or when required
to do so by law and as follows:
(1)
Restoration. Any nonconforming use or structure damaged by fire,
casualty or act of God may be repaired, restored, reconstructed or
used as before, provided that the area of such use, building or structure
shall not exceed the area which existed prior to such damage. All
repairs shall be commenced within one year after damage occurs and
shall be completed within two years of such date, or such use shall
not be rebuilt except as a conforming use.
(2)
Repairs. Normal maintenance and repair of a structure containing
a nonconforming use is permitted, provided it does not extend the
area or volume of space occupied by the nonconforming use and does
not increase the number of dwelling units.
b.
Nothing in this Chapter shall prevent the strengthening or restoring
to a safe or lawful condition any part of any building or structure
declared unsafe or unlawful by the Construction Official or other
authorized State or Borough official.
a.
Termination. In the event that any significant changes are made to
a nonconforming use, which would be indicative of an intent to abandon
the nonconforming use; then the rights to the nonconforming use shall
be terminated.
b.
Nonconforming buildings lawfully under construction. Any nonconforming
structure or use lawfully under construction on the effective date
of this Chapter pursuant to plans filed with the Construction Official,
and approved by him and all other Borough boards and agencies as required
under law, may be completed and may be used for the nonconforming
use for which it was designed, to the same extent as if such building
has been completed and was in use on the effective date of this Chapter.
When a nonconforming structure or use is destroyed or damaged
by fire or other casualty or an act of God, beyond repair, the nonconforming
structure or use shall thereafter be terminated. Damage "beyond repair"
for purposes of this section, shall occur when the cost of replacement
exceeds 50% of the assessed value of the structure as adjusted by
the County's current equalization rate immediately prior to the damage.
