Article 26-500 District Regulations

Accessory apartments are permitted accessory uses, provided the units are affordable to moderate-, low- and very-low-income households, for those properties that are located in Residential Zone A or Residential Zone E and:

Have frontage on Schraalenburgh Road or Hardenburgh Avenue.

Accessory apartments shall comply with all applicable statutes and regulations of the State of New Jersey in addition to all building codes.

Accessory apartments shall be subject to Uniform Housing Affordability Control (U.H.A.C.) requirements, including marketing and rental prices, but are exempt from the bedroom mix requirements. Accessory apartments shall be affordable to moderate-, low- or very-low-income households as per U.H.A.C. requirements.

At the time of initial occupancy of the unit and for at least 10 years thereafter, the accessory apartment shall be rented only to a household that is either a low- or moderate-income household. There shall be a recorded deed or declaration of covenants and restrictions running with the land for 10 years that is applied to the property upon which the accessory apartment is located. This deed restriction shall limit its subsequent rental or sale of the unit and the accessory apartment.

At the conclusion of the ten-year time period, the deed restriction may be extended to maintain the affordable accessory apartment. If the deed restriction is not extended, the homeowner shall apply for the requisite municipal approvals to maintain the accessory apartment.

The Borough shall provide the following subsidy levels per unit for the creation of each accessory apartment unit: $30,000 for a moderate-income accessory apartment unit; $40,000 for a low-income accessory apartment unit; $50,000 for a very-low-income accessory apartment unit. The accessory apartment program shall provide a minimum of two very-low-income and three low-income units, and a maximum of five moderate-income units.

(g)

The appropriate utility authority must certify that there is water and sewer infrastructure with sufficient capacity to serve the proposed accessory apartment.

(h)

There is no bedroom distribution requirement for accessory apartments.

(i)

The maximum permitted square footage for an accessory apartment shall be 1,200 square feet.

(j)

Property owners wishing to apply to create an accessory apartment shall submit to the Construction Code Official and the Zoning Officer the following:

A floor plan(s) showing the location, size and relationship of both the accessory apartment and the primary dwelling within the building. Said plan shall be prepared by a professional licensed in the State of New Jersey, such as a licensed architect, surveyor, engineer or planner.

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

§ 26-502.2 Zone B Watershed/Recreation.

A plan showing the location of the existing dwelling and other existing buildings; all property lines; proposed addition, if any, along with the minimum building setback lines; the required parking spaces for both dwelling units; and any man-made conditions which might affect construction. The plan should confirm that the dwelling unit with the accessory apartment meets all required bulk regulations and setbacks for the zone district in which it is located.

Conditional Uses.

House of worship.

Community residence and/or shelter pursuant to N.J.S.A. 40:55D-66.1 and 40:55D-66.2 that houses more than six residents exclusive of resident staff.

Public and private nonprofit day schools of elementary or high school grade accredited by the State Department of Education.

Satellite dish antennas.

Towers and antennas in accordance with subsection 26-502.8h.

[Ord. No. 779 § 16.502.2; Ord. No. 2013-02 § 26-502.2]

The purpose of the Watershed/Recreation District is to protect the environment and valuable natural resources, and to permit open space and recreation uses (either public or private) that are compatible with the unique environmental characteristics of the district. These very low intensity uses will serve to protect and conserve these lands that are integral to Haworth's community character and the public health, safety and welfare of the entire Hackensack River watershed region.

Permitted Uses.

Parks, playgrounds, forest preserves, botanical gardens, arboreta, conservatories, public swim clubs and similar open space.

Private golf courses and related accessory uses such as pro shop, tennis courts, club house, parking and maintenance structures.

Reservoir, watershed and/or storm water management.

Water treatment plants and related accessory uses to the plant such as laboratories, parking, and retention ponds. Only accessory garages and maintenance structures directly related to the plant are permitted.

Child care center pursuant to N.J.S.A. 40:55D-66.6.

Accessory Uses. Only as permitted in subsection 26-502.2a of this chapter.

Conditional Uses. Satellite dish antennas.

§ 26-502.3 Residential Zone C.

[Ord. No. 779 § 16.502.3; Ord. No. 2013-02 § 26-502.3]

The purpose of the C Residential Zone District is to recognize the existing residential land use development pattern and provide reasonable regulation of existing and future land use.

Permitted Principal Uses. Same as Zone A.

Accessory Uses. Same as Zone A.

Conditional Uses. Same as Zone A.

§ 26-502.4 Business Zone D.

[Ord. No. 779 § 16.502.4; Ord. No. 838 § IV; Ord. No. 2012-03 § 2; Ord. No. 2013-02 § 26-502.4]

The purpose of the D Business Zone District is to recognize the existing neighborhood commercial land use development pattern and provide reasonable regulation of existing and future land use.

Principal Permitted Uses.

Public restaurant housed in a permanent structure and provided that all patrons are served indoors. This excludes drive-ins, drive-thrus, fast food establishments, and other such eating places, all of which are expressly prohibited in the Borough.

Retail stores.

Business and professional offices, such as but not limited to agents' and brokers' offices, banks and trust companies, medical offices for doctors, dentists, and health therapists; professional offices and studios for accountants, attorneys, architects, engineers, and artists; and studios for the teaching of dance, drama, fine arts, language, music, photography; educational or charitable institutions, organizations, groups or individual.

Veterans' club, civic or community club.

Service establishments excluding motor vehicle storage, repair or service.

The shop of a tradesman, including but not limited to electrician, plumber, radio or television repair, bicycle sale and repair, printer, carpenter or cabinet maker.

Municipal structure, library, fire house or similar public structure or use operated by or for the Borough.

Public park or recreation ground maintained and operated by the Borough.

Post office operated by the U.S. Postal Service.

Child care center.

Conditional Uses.

Satellite dish antennas.

Towers and antennas in accordance with subsection 26-502.8h.

Outdoor cafes, in accordance with, and subject to the restrictions contained in, Section 4-21 of the Revised General Ordinances.

A mixed-use development with a permitted "D"/Business Zone use on the ground level and residential uses on the second level. Such mixed-use developments would require site plan and conditional use approvals. The residential component of the mixed use will include an affordable component in an effort to meet the Borough's unmet need obligation. Mixed-use developments in the D Zone shall be subject to the conditional use requirements contained in Subsection 26-503.2e and f.

[Added 11-26-2019 by Ord. No. 19-17]

Affordability, Mixed-Use Developments.

[Added 11-26-2019 by Ord. No. 19-17]

All affordable housing units shall be subject to the all applicable municipal and New Jersey State review processes and approvals and the Borough's May 2019 Settlement Agreement.

All affordable units shall be subject to all the provisions of the Uniform Housing Affordability Controls (U.H.A.C.), including but not limited to bedroom distribution, ownership and rental unit administration.

The fair share obligation shall be divided equally between low- and moderate-income units, except that where there is an odd number of affordable housing units, the extra unit shall be a low-income unit.

In each affordable development, at least 50% of the restricted units within each bedroom distribution shall be low-income units.

Within mixed-use developments, of the total number of affordable units, at least 13% shall be affordable to very-low-income households.

§ 26-502.7 A/OZ Residential/Overlay Zone District.

The affordable units shall comply with the Borough's Affordable Housing Ordinance contained in Chapter 30.

§ 26-502.5 Residential Zone E.

[Ord. No. 2013-02 § 26-502.5]

The purpose of the E Residential Zone District is to recognize the existing residential land use development pattern and provide reasonable regulation of existing and future land use.

Permitted Principal Uses. Same as Zone A.

Accessory Uses. Same as Zone A.

Conditional Uses. Same as Zone A.

§ 26-502.6 Municipal Use Zone.

[Ord. No. 2013-02 § 26-502.6]

The purpose of the MU Municipal Use Zone District is to recognize the permanence of public municipal uses that provide valuable services to the community, and to create a building zone for them that reflects the community's vision for these sites. Their previous zoning categories for these sites generally mimicked the building zones that surround them and did not represent the community's long term land use intent. The purpose also includes provisions for reasonable regulations to govern them.

Permitted Principal Uses.

Municipal structures and sites such as Borough Hall, police station, library, fire house, ambulance corps structure, Department of Public Works structures and yards, public schools, manmade parks, public plazas, and vacant land intended for similar potential future uses.

Accessory Uses.

Garage or other accessory structure customarily incidental to any use permitted by this subsection, provided that the accessory structure shall be on the same plot with the structure to which it is accessory and also provided that the accessory structure shall not be used for residence purposes.

Plaza or passive outdoor space, the purpose of which is to conduct any of the conventional functions of the permitted uses by this subsection when weather permits them to be conducted outdoors.

Outdoor storage of materials that are incidental to any use permitted by this subsection. It is the objective of Haworth Borough to discourage outdoor storage of materials. Nevertheless, it is recognized as necessary in municipal use cases where indoor storage is impractical, and/or when rapid access to these materials might be required in emergency situations. Any outdoor storage of materials must be screened from the public right-of-way and from residential uses or property to the degree required by subsection 26-903.5.a of the Haworth code.

Conditional Uses.

Same as Zone A

Municipally sponsored affordable housing complex

[Ord. No. 854 § 2; Ord. No. 2013-02 § 26-502.7]

Intent; Description. The Mayor and Council of the Borough of Haworth desire to establish an overlay zone district that will provide realistic opportunities for the construction of moderate-, low- and very-low-income housing to implement the Borough's Housing Plan Element and Fair Share Plan that received substantive certification from the New Jersey Council on Affordable Housing (C.O.A.H) in 1999. Further, this chapter has been revised to conform to the Borough's May 2019 Settlement Agreement with the Fair Share Housing Center. The overlay zone is confined to that portion of the White Beeches Golf and Country Club known as Block 1008, Lot 1, which has previously been identified and continues to be identified as appropriate for an overlay zone for the provision of affordable housing. This parcel is bounded by Ivy Avenue, Haworth Drive and Sunset Avenue.

[Amended 11-26-2019 by Ord. No. 19-16]

Permitted Uses. Lot 1 in Block 100 is rezoned A/OZ Residential/Overlay Zone District wherein the following uses are permitted:

All uses permitted in Residence Zone A.

Townhouses.

Permitted accessory uses in the townhouse use are: private garage or other accessory use customarily incidental to townhouse use, including common open space and recreation facilities, provided that the accessory structure/use shall not be used for residential purposes.

Area, height and bulk regulations for townhouse use:

Minimum lot area: 10.0 acres.

Maximum Density: eight dwelling units per acre.

[Amended 11-26-2019 by Ord. No. 19-16]

Minimum Setbacks:

Front yard 50 feet

Side yard 35 feet

Minimum yard to a public street right-of-way 50 feet

Minimum distances between structures:

Side to side: 1.5 times structure height

Rear to rear: 2.0 times structure height

Front to rear or front to front: 2.5 times structure height

All other structures to structure distances: 1.5 times structure height

Maximum height of structure: 35 feet

(Reserved)[1]

§ 26-502.8 Regulations Pertaining to All Districts.

Editor's Note: Former Subsection b4(f), Parking space requirements, was repealed 11-26-2019 by Ord. No. 19-16.

(g)

Each dwelling unit shall have at least one garage.

(h)

Affordable Set-Aside: The required affordable set-aside shall be 20% in the event that the development consists of for-sale units. The required affordable set-aside shall be 15% in the event that the development consists of rental units.

[Amended 11-26-2019 by Ord. No. 19-16]

(i)

Buffering. Buffering or landscaping shall be provided between the overlay zone parcel and adjoining residential uses or zones consisting of fencing, landscaping or other suitable buffering and screening to shield the townhouse structures and uses as determined by the Haworth Planning Board.

The development of the parcel shall conform to all other specifications, regulations and requirements of Chapter 26, Land Use Regulations, and Chapter 30, Affordable Housing.

[Amended 11-26-2019 by Ord. No. 19-16]

Affirmative Marketing. The applicant shall market the affordable units in conformance with the Borough's adopted affirmative marketing plan.

[Ord. No. 779 § 16-502.5; Ord. No. 838 § 1; Ord. No. 878 §§ 3, 4; Ord. No. 2013-02 § 26-502.8; Ord. No. 2017-12 § 2]

Nuisance Uses. In addition to the provisions of subsection 26-202.4 of this chapter, any use or activity constituting or creating a nuisance is prohibited.

Accessory Structures and Uses. No accessory structure or use shall be constructed except in conformance with the following:

No permit shall be issued for the erection or alteration of a residence structure unless the arrangement of the structure on the lot makes ample provision for either a garage, a prospective garage or a paved parking space with necessary driveway, adequate in size or width.

The total ground cover area of all accessory structures except swimming pools added to the main structure area shall not exceed the maximum building coverage permitted by the Limiting Schedule.[1]

Editor's Note: The Limiting Schedule may be found with Section 26-501.

An accessory structure at a distance of five feet from a property line shall not have a height in excess of eight feet, but may have an additional eight inches in height for each additional foot from the nearest property line; provided, however, that the height shall not exceed one and one-half (1-1/2) stories or 18 feet.

All accessory structures and uses shall be located on the same lot as the principal use they are intended to serve unless otherwise permitted by this chapter.

No construction permit shall be issued for any accessory structure prior to the issuance of a construction permit for the principal structure to be located on the same lot.

No accessory structure shall be located in a front yard, and all such structures shall be located at least five feet from a rear property line and five feet from a side property line.

No accessory structure shall be located within 10 feet of any other structure.

No more than two accessory structures shall be permitted on any lot in the Residence A and C zones.

The limitations imposed by this subsection upon the location of an accessory structure shall not apply when the accessory structure is incorporated as an integral part of the structure to which it is accessory. In such case, the location shall be governed by the Limiting Schedule and other sections of this chapter.

For the purpose of this section, swimming pools shall be considered as accessory structures and subject to all the requirements therefor, except that swimming pools shall be located a minimum of 10 feet from any property line.

11.

No more than three vehicles shall be stored or parked in a private garage.

Critical Environmental Area (CEA). For definition, see Article 26-300 Definitions and Descriptions.

No principal or accessory structure shall be located in whole or part in any CEA land.

All single-family residential lots created after the adoption date of this chapter, shall contain at least 10,000 square feet in the Residential A Zone and 30,000 square feet in the Residential C Zone of contiguous non-CEA land with direct access to an existing or public street,

No development shall occur within 250 feet of the 100 year flood level of the Oradell Reservoir except accessory equipment, piping and similar apparatus essential to the operation of the water treatment plant.

Inasmuch as all surface waters within the Borough of Haworth ultimately drain into the Oradell Reservoir, which is the primary source of potable water for the Bergen, Rockland and Hudson Counties region, and since NJDEP promulgated extensive regulations guarding and protecting all Category One (C-1) anti-degradation waters within the State of New Jersey, the Borough of Haworth adopts those regulations in their current form and as they may be amended in the future. These regulations shall govern all Surface Waters within the Borough whether or not the State has categorized them as C-1 waters.

Swimming Pools.

A swimming pool and appurtenances thereto shall not be constructed, installed, enlarged or altered until plans have been submitted and a permit has been obtained from the Construction Official.

The location of any private swimming pool shall be subject to the same requirements as an accessory structure, except that a pool shall be located a minimum of 10 feet from any property line.

Every person owning land on which there is situated a swimming pool that contains 24 inches or more of water in depth at any point, shall erect and maintain thereon an adequate enclosure either surrounding the property or pool area, sufficient to make such body of water inaccessible to small children. Such enclosure, including gates therein, must be not less than four feet above the underlying ground. All gates must be self-latching with latches placed four feet above the underlying ground and otherwise made inaccessible from the outside to small children.

Outdoor Storage of Materials, Goods, Supplies and Vehicles.

The storage of materials, goods and supplies outside of a structure where permitted as an accessory use to a permitted use shall not be located within the front yard nor within 25 feet of a side or rear lot line, and no such outside storage shall be for the primary purpose of displaying merchandise for sale unless such outdoor display for sale is specifically permitted by this chapter in conjunction with the principal use.

In any residential district, not more than one commercial vehicle, limited to a one and one-half (1-1/2) ton capacity, may be stored on any lot, and then only in a private garage, provided the vehicle is used by the residents of the property on which it is stored. This truck storage shall be considered a permitted accessory use.

Vans and pick-up trucks not altered for commercial use under 8,000 pounds per maximum gross weight with or without commercial plates provided that any identification on the vehicle is limited to lettering on the door panel not to exceed three inches in height are permitted.

Location of Residential Structure.

Every dwelling erected shall have one entire wall, without any intervening obstruction, face upon a public street.

No structure to be used as a dwelling shall be constructed or altered to the rear of a structure situated on the same lot. No structure shall be constructed in front of, or moved to the front of, a dwelling situated on the same lot.

Additional Lot Regulations (formerly known as "Corner Lot Sight Distance").

In the residence zones, no fence, shrubs or other obstructions to visibility, exclusive of trimmed trees or existing structures, shall be built; planted or maintained upon a corner lot within 30 feet of any street intersection. Any existing obstruction of this character that, within the foregoing limits, curtails the view of drivers of vehicles approaching the intersection shall be removed by and at the expense of the owner of the corner lot.

Designation of Front Yard On Corner Lots. Any applicant for a permit to erect a new residence on a corner lot or to renovate an existing residence on a corner lot to the extent that such renovation would alter the exterior of the residence, shall, at the time of application for said permit, designate the street which the formal front entrance of the residence shall face ("designated front"). The designated front of a corner lot with an existing residence not subject to a permit application shall be deemed to be the street which the formal front of the residence faces. In the case of a corner lot fronting on two streets, the yard opposite the designated front shall be deemed the rear yard if applicable, and the remaining yard shall be deemed a side yard. In the case of a corner lot fronting on three streets, the lot shall have either a side yard or a rear yard depending on the designated front. If the yard opposite the designated front also fronts on a street, then the lot shall be deemed to have a side yard and no rear yard. If the yard opposite the designated front does not itself front on a street, then the lot shall be deemed to have a rear yard and no side yard. Notwithstanding the existence of a designated front, all yards fronting on a street will be required to meet minimum lot width and front yard setbacks and requirements.

A through lot shall have two side yards and two front yards but shall have no rear yard.

Communication Towers and Antennas.

Definitions.

ANTENNA - Shall mean any exterior transmitting or receiving device mounted on a tower or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

COMMUNICATION TOWER - Shall mean and include any and all antennas and towers, as defined in this section, together with other accessory structures and equipment associated therewith.

PREEXISTING TOWERS AND PRE-EXISTING ANTENNAS - Shall mean any tower or antenna for which a building permit has been properly issued, or for which a contract, lease or other agreement has been awarded or entered into by the Borough Council, prior to the effective date of this section, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

TOWER - Shall mean any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like: The term shall include the structure and any support thereof.

Applicability.

All towers and antennas within the Borough of Haworth shall be subject to these regulations, except as provided in paragraphs (b) and (c) below.

This section shall not govern any tower, or the installation of any antenna that is under 70 feet in height and is owned and operated by a Federally licensed amateur radio station operator or is used exclusively for receive-only antennas.

Lawful, preexisting nonconforming towers and antennas, as hereinabove described, shall be entitled to the protections and limitations available to lawful, preexisting non-conforming structures under Article 26-600, Exceptions and Modifications, of the Haworth, Land Use Regulations.

Towers and antennas shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities or private utilities.

Locations Permitted. A communication tower shall be a permitted conditional use in the Zones A, C and E Residence Districts and the Zone D Business District within the Borough of Haworth, subject to the following conditions:

Communication towers shall only be permitted on property owned, leased or otherwise controlled by the Borough of Haworth.

The Borough of Haworth must give its consent before its property may be used for a communication tower. This consent shall be in the form of a resolution of approval adopted, by the Haworth Borough Council.

No communication tower shall be erected or operated within the Borough except pursuant to a license issued by the Borough Council or a lease entered into between the operator of the facility and the Borough.

All communication towers shall meet the following requirements:

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the Federal Aviation Administration, be painted a neutral color so as to reduce visual obtrusiveness.

Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

No signs shall be allowed on an antenna or tower.

No tower or antenna shall be permitted in the Zone B Watershed/Recreation Districts.

Application Procedure.

All applications for the construction or modification of towers or antennas within the Borough of Haworth shall be made to the Borough Zoning Officer who shall transmit copies to the Borough Clerk and the Borough Engineer.

The Zoning Officer shall review the application to determine if the proposed tower or antenna meets all of the conditions contained in subsection 26-502.8h.3, Ord. No. 838. The Zoning Officer shall respond to each such application within 30 days of reviewing it.

If the Zoning Officer determines that the applicant has met all of the conditions of subsection 26-502.8h., he shall administratively approve the application.

If the Zoning Officer determines that the applicant has not met all of the conditions of subsection 26-502.8h., he shall deny the application, in which event the applicant may file a conditional use application with the Planning Board, in accordance with Section 26-503 of this chapter.

Maintenance and Abandonment.

All towers must meet or exceed current standards and regulations of the Federal Aviation Administration, the Federal Communications Commission, and any other agency of the State or Federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antennas at the owner's expense.

To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable State or local building codes. If, upon inspection, the Borough concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within 30 days shall constitute grounds for the removal of the tower or the owner's expense.

§ 26-502.9 Zone F - Residential/Inclusionary Multifamily (Block 1100, Lot 12).

In the event any communication tower shall be abandoned or not operated for a period of one year, the same may be removed, at the option of the Borough of Haworth, at the sole expense of the operator.

[Added 7-23-2019 by Ord. No. 19-09]

The following standards shall apply to development within the Residence Zone F. All other zoning and land use provisions including by way of example the provisions of Chapter 26, Land Use Regulations, of the Haworth Code shall apply to development in the Residence Zone F only where specifically indicated as applicable in Subsection 26-502.9. When the standards herein conflict with other provisions of Chapter 26, the standards herein shall apply.

Intent; Description. The Mayor and Council of the Borough of Haworth desire to establish a residence zone that will provide opportunities for the construction of low- and moderate-income housing in accordance with the prospective need obligation for New Jersey's Fair Housing Act Third Round (1999-2025). Lot 12 of Block 1100 of the Official Tax Maps of the Borough of Haworth has been identified as appropriate for an inclusionary multifamily housing development in which a portion of the dwelling units therein can be set aside for low- and moderate-income households.

Permitted Principal Uses [NOTE: Notwithstanding Subsection 26-202.5, more than one principal structure shall be permitted on one lot.]

Townhouses.

Stacked townhouses.

Permitted Accessory Uses and Structures: private garages, off-street parking, sidewalks, walking paths, landscaping, buffering, fencing, walls, lighting, signage, stormwater detention facilities, common open space, outdoor recreational facilities or structures for the private use and enjoyment of residents and their guests, and other accessory structures and uses which are customary and incidental to the principal permitted uses.

Bulk Area and Other Dimensional Standards:

Minimum lot area: five acres.

Minimum lot depth: 300 feet.

Minimum setbacks [NOTE: For the purposes of setback requirements, the yards along Lake Shore Drive and Roden Way shall be considered front yards; the yards opposite such front yards shall be considered as rear yards; all other yards shall be considered as side yards.]:

For buildings [NOTE: Patios which are attached to the principal building may encroach up to five feet into the required rear or side yard setbacks and canopies and overhangs which are attached to the principal building may encroach up to five feet into the required front or rear yard setbacks. Patios that face the detention pond, in addition to encroaching five feet into the setback, may also be raised to match the first floor elevation.]:

Front yards: 20 feet.

Rear yards: 15 feet.

Side yards: 15 feet.

For parking and driveways:

Front yards: 10 feet.

Side yards: 0 feet.

Minimum distances between structures:

Side to side: 15 feet.

Rear to rear: 30 feet.

Front-to-side and rear-to-side: 30 feet.

Maximum height of structure: 40 feet. [NOTE: Building height shall be measured as defined in § 26-301, except that the calculation shall be: 1) confirmed by the Board Engineer; and 2) one building on the property located not less than: 280 feet from the southern property line, 270 feet from the northerly property line and 240 feet from the westerly property line may be permitted an additional six inches in building height, for a total of 40 feet six inches.]

Maximum building coverage: 20%.

Maximum impervious lot coverage: 50%.

Maximum number of dwelling units: 41 units.

Minimum number of affordable units: nine units.

Parking Requirements:

Parking shall be provided per RSIS standards.

For the townhouses, at least (1) parking space shall be provided in an enclosed garage; a second parking space may be provided in the driveway in front of the garage; parking for apartments and visitors may be provided in off-street spaces.

Signage. One double-sided ground-mounted sign shall be permitted, no taller than six feet in height, with a sign area no greater than 32 square feet and set back a minimum of 10 feet from the property line.

Fences, Patios and Walls:

No fence or wall within the development shall exceed a height of six feet.

Fences along lot lines shall be set back a minimum of 0.5 foot from all property lines. Deer netting at a height of eight feet shall be provided along the north and west property boundaries at the discretion of the Planning Board.

"Patio" shall be defined as a level area covered by a hard surface that is located at grade level, directly adjacent to a principal building, and not covered by a permanent roof.

Landscaping. The provisions of Subsection 26-904.1 of the Haworth Code entitled "Landscaping" shall apply to the development. Notwithstanding such provisions and except where current vegetation provides a landscape buffer along the property line where driveways are located along a property line, where no disturbance is proposed within 20 feet of a property line, at a minimum, a row of evergreen trees with a planting height of at least eight to 10 feet shall be planted along all rear and side yards. The spacing of such trees shall be such that, at maturity, such trees shall provide a continuous evergreen screen along such property lines.

Buffering. The provisions of Subsection 26-903.5 of the Haworth Code entitled "Required Buffering Areas and Setbacks" shall apply to the development.

Lighting. The provisions of § 26-905 entitled "Lighting" of the Haworth Code shall apply to the development.

Architectural Design Standards. The provisions of § 26-907 of the Haworth Code, entitled "Architectural Design Standards of Structures Requiring Site Plan Review and Approval" shall apply to the development.

Sidewalks. The provisions of Subsection 26-908.4 of the Haworth Code entitled "Sidewalks" shall apply to the development.

Utilities. The provisions of § 26-910 of the Haworth Code entitled "Utilities" shall apply to the development.

Stormwater. Development shall comply with the provisions of § 26-911 of the Haworth Code, entitled "Stormwater Control."

Affordable Housing.[1]

A minimum of nine dwelling units shall be set aside for occupancy by low- and moderate-income households, and all such units shall be family affordable units.

The bedroom and income mix and phasing shall comply with the requirements of the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.). At least 13% of the units shall be occupied by very-low-income households.

Such low- and moderate-income units shall be dispersed throughout the development and the exterior finishes and appearance shall be the same as that of the market-rate units.

Such units shall be restricted to low- and moderate-income households for a period of not less than 30 years. The developer shall be responsible for retaining a qualified administrative agent at the developer's sole cost and expense.

§ 26-502.10 Zone G - Massachusetts Ave. Residential/Inclusionary Multifamily (2.387 acre portion of Block 1800, Lot 1).

Editor's Note: See also Ch. 30, Affordable Housing and Affirmative Marketing.

[Added 11-28-2023 by Ord. No. 23-22]

The following standards shall apply to development within Zone District G. All other zoning and land use provisions including by way of example the provisions of Chapter 26, Land Use Regulations, of the Haworth Code shall apply to development in the Residence Zone G only where specifically indicated as applicable in § 26-502.10. When the standards herein conflict with other provisions of Chapter 26, the standards herein shall apply.

Intent; Description. The Borough of Haworth desires to establish a residential zone that will provide opportunities for the construction of very-low-, low- and moderate-income housing in accordance with the prospective need obligation for New Jersey's Fair Housing Act Third Round (1999-2025). A portion of existing Lot 1, consisting of approximately 2.387 acres and described via metes and bounds herein, in Block 1800 of the Official Tax Maps of the Borough of Haworth has been identified as appropriate for an inclusionary multifamily housing development in which a portion of the dwelling units therein can be set aside for low- and moderate-income households.

The Metes and Bounds descriptions for existing Block 1800, Lot 1 and the approximately 2.387-acre portion of Block 1800, Lot 1 that is the subject of the ordinance, are contained in an undated document entitled, "Deed Description," prepared by MEGA Construction Management, Inc., and are described herein as follows:

Existing Block 1800, Lot 1.

All that certain lot, piece or parcel of tract of land, situate and lying in the Borough of Haworth, County of Bergen and State of New Jersey. Being known and designated as All those Lots and part of Lots in Block Nos. 192, 193, 194, 195, 196, 197 and 198, on map entitled "Amended Map #2 of Hollywood Park Haworth, NJ," filed in the Bergen County Clerk's Office, dated April 15, 1929, as Map No. 2516, as follows:

COMMENCING at a point formed by the tangent intersection of the easterly side line of Schraalenburgh Road (41.25 feet wide) and the northerly side line of Massachusetts Avenue (60 feet wide), said point being distant 152.00 feet easterly along said northerly side line of Massachusetts Avenue (60 feet wide), to the point and place of TRUE BEGINNING; and running; thence

North 2 degrees 41 minutes 45 seconds East, 158.21 feet, to a point, thence;

North 84 degrees 13 minutes 43 seconds East 556.26 feet, to a point, thence;

North 86 degrees 39 minutes 4 seconds East, 575.85 feet, to a point, thence;

(4)

South 1 degrees 57 minutes 59 seconds West, 286.44 feet, to a point on the northerly side of Massachusetts Avenue (60 feet wide), thence;

(5)

Along the said northerly side of Massachusetts Avenue (60 feet wide), North 88 degrees 2 minutes 1 second West, 824.78 feet, to a point, thence;

(6)

North 4 degrees 39 minutes 19 seconds East, 100.11 feet to a point, thence;

(7)

North 88 degrees 2 minutes 1 second West, 40.04 feet, to a point, thence;

(8)

South 4 degrees 39 minutes 19 seconds West, 100.11 feet, to a point on the northerly side of Massachusetts Avenue (60 feet wide), thence;

(9)

North 88 degrees 2 minutes 1 second West, 261.76 feet to the point or place of TRUE BEGINNING.

(10)

Said Parcel containing therein 252,940 Sq. Ft./5.807 acres more or less.

Subject Property - Portion of Lot 1 to be included in Zone G and described as follows:

All that certain lot, piece or parcel of tract of land, situate and lying in the Borough of Haworth, County of Bergen and State of New Jersey. Being known and designated as All those Lots and part of Lots in Block Nos. 192, 193, 194, 195, 196, 197 and 198, on map entitled "Amended Map #2 of Hollywood Park Haworth, NJ, filed in the Bergen County Clerk's Office, dated April 15, 1929, as Map No. 2516, as follows:

BEGINNING at a point formed by the intersection of the westerly side line of Grant Street (40.00 feet wide) and the northerly side line of Massachusetts Avenue (60 feet wide), and running; thence;

North 88 degrees 2 minutes 1 second West, 334.98 feet, to a point, thence;

North 1 degrees 57 minutes 59 seconds East, 286.44 feet, to a point, thence;

(4)

North 86 degrees 39 minutes 4 seconds East, 60.28 feet, to a point, thence;

(5)

North 86 degrees 39 minutes 50 seconds East, 293.80 feet, to a point, thence;

(6)

South 5 degrees 7 minutes 16 seconds West, 319.66 feet, to the point or place of BEGINNING.

(7)

Said Parcel containing therein 103,956 Sq. Ft/2.387 acres more or less.

Permitted Principal Uses.

Affordable housing development as defined in § 30-1.3.

As described in the Borough's Settlement Agreement with the Fair Share Housing Center and the Borough's 2019 Housing Element and Fair Share Plan, the affordable housing development in Zone G, may include multiple uses. Multiple uses are permitted both within individual buildings, as well as within the subject property.

Additionally, Zone G is exempt from § 26-202.5. Multiple permitted principal structures are permitted in G Zone and on the subject property.

Below are the permitted principal uses that may be included in an affordable housing development in Zone G.

Attached single-family dwellings - shall mean a single-family dwelling contained in a building with other residential units.

No unit shall be located above another unit, and each unit shall be separated from any other unit by one or more common fire-resistant fire walls.

Stacked townhouses, as defined in § 26-301.

Apartments - shall mean a dwelling unit containing one or more rooms with private bath and kitchen facilities constituting an independent, self-contained dwelling unit in a building containing other dwelling units.

Alternative living arrangements, including group home units and supportive housing units, as defined in subsection 30-1.3.

Age-restricted affordable units as defined in subsection 30-1.3, except that all units are available to individuals aged 55 and older.

(g)

Family affordable units - shall mean affordable units that are not restricted to any specific population group.

Permitted Accessory Uses and Structures. Indoor and outdoor community space, attached private garages, off-street parking, covered porches, patios sidewalks, walking paths, landscaping, buffering, fencing, walls, lighting, signage, stormwater detention facilities, common open space, outdoor recreational facilities or structures for the private use and enjoyment of residents and their guests, and other accessory structures and uses which are customary and incidental to the principal permitted uses.

Bulk Area and Other Dimensional Standards.

As defined in § 26-301, the subject property located in Zone G is a corner lot with frontages on both Massachusetts Avenue and Grant Street. Further as defined in § 26-301, the lot lines abutting both Massachusetts Avenue and Grant Street are front lot lines.

The subject property located in Zone G is exempt from the requirements of subsection 26-502.8.g.2, "Designation of Front Yard on Corner Lots." For purposes of this subsection, the Grant Street frontage and front lot line is considered the "designated" front lot line, and the lot line opposite the Grant Street front lot line is considered the rear lot line. The lot line opposite the Massachusetts Avenue front lot line is considered the side lot line.

Minimum lot area: 2.3 acres.

Minimum lot depth: 300 feet.

Minimum lot width: 300 feet.

Minimum setbacks:

For buildings [Note: Patios, covered porches and awnings that are attached to the principal building(s) are permitted to encroach up to seven feet into the required front, rear or side yard setbacks.]

Front yards: 20 feet.

Rear yards: 50 feet.

Side yards: 15 feet.

For accessory buildings and structures:

Front yards: Not permitted.

Side yards: 6 feet.

Rear yards: 6 feet.

For parking areas and drive aisles:

Front yard: 15 feet for parking areas and drive aisles.

Rear yard: 25 feet for parking areas and drive aisles.

Side yards: 5 feet for parking areas and drive aisles.

Minimum distances between buildings: 25 feet.

§ 26-503.1 General Conditions and Standards.

Maximum height of structure: 2.5 stories, 35 feet.

11.

Maximum building coverage: 35%.

12.

Maximum pavement coverage: 40%.

13.

Maximum impervious lot coverage: 70%.

14.

Maximum number of dwelling units: 35 units.

Minimum number of total affordable units: 14 units, which shall include:

Eight family units.

Two age-restricted units.

Four supportive housing units.

Parking Requirements.

Parking shall be provided per New Jersey Residential Site Improvement Standards (RSIS).

For the attached single family dwellings, at least one parking space shall be provided in an enclosed garage; a second parking space may be provided in the driveway in front of the garage; parking for stacked townhouses, apartments, group home and supportive housing units, age-restricted units, family affordable units, and visitors may be provided in off-street spaces.

Electric Vehicle (EV) parking spaces shall be provided in accordance with NJ P.L. 2021, c. 171 (N.J.S.A. 40:55D-66.20.3.a.(1)(a)).

Signage. One double-sided ground-mounted sign shall be permitted, no taller than six feet in height, with a sign area no greater than 32 square feet. Said sign shall be set back a minimum of 10 feet from the front yard property line along Massachusetts Avenue and shall not be located within any designated sight triangle.

Patios, Covered Porches, Fences and Walls:

No wall within the development shall exceed a height of six feet.

Fences shall conform to all requirements contained within subsection 26-902.1.

"Patio" and "Covered Porch" as used herein shall be defined as a level area covered by a hard surface that is located at grade level and attached to a principal building. Patios and covered porches may be covered by a permanent roof but shall not be enclosed.

Landscaping. The provisions of subsection 26-904.1 of the Haworth Code entitled "Landscaping" shall apply to the development. Notwithstanding such provisions, and except where current vegetation provides a landscape buffer along each property line, and where no disturbance is proposed within five feet of a property line, a minimum of a row of evergreen trees interspersed with deciduous shade trees with a planting height of at least eight to 10 feet shall be planted along all front, rear and side yards. The spacing of such trees shall be such that, at maturity, such trees shall provide a continuous evergreen screen along such property lines. The shade deciduous shade trees interspersed with the evergreen buffer plantings shall be provided at intervals of not more than 40 feet. No tree plantings shall be permitted within the clear sight triangle at Massachusetts Avenue and Grant Street, however landscaping plantings with a mature height of no more than 2.5 feet are permitted and shall be planted in this area. All proposed landscaping and tree plantings shall be subject to the review and approval of the Haworth Planning Board at the time of Site Plan approval.

Buffering. The provisions of subsection 26-903.5 of the Haworth Code entitled "Required Buffering Areas and Setbacks" shall apply to the development.

Lighting. The provisions of § 26-905 entitled "Lighting" of the Haworth Code shall apply to the development.

Utilities. The provisions of § 26-910 of the Haworth Code entitled "Utilities" shall apply to the development.

Stormwater. Development shall comply with the provisions of § 26-911 of the Haworth Code, entitled "Stormwater Control," along with any applicable New Jersey State requirements.

Affordable Housing.

Pursuant to the Settlement Agreement adopted May 14, 2019 between the Borough and Fair Share Housing Center, 14 affordable dwelling units shall be set aside for occupancy by low- and moderate-income households. As stipulated in the 2019 Settlement Agreement, the quantity and type of affordable units shall be provided as follows:

Eight family units.

Two age restricted units.

Four supportive housing units.

The bedroom and income mix and phasing shall comply with the requirements of the Uniform Housing Affordability Controls ((UHAC); N.J.A.C. 5:80-26.1 et seq.)) and the requirements of the May 14, 2019 Settlement Agreement between the Borough and Fair Share Housing Center. At least 13% of the units shall be occupied by very-low-income households. Such low- and moderate-income units shall be dispersed throughout the development to the extent possible. Additionally, the exterior finishes and appearance shall be the same as that of the market-rate units. Such units shall be restricted to low- and moderate-income households for a period of not less than 30 years. The developer shall be responsible for retaining a qualified administrative agent at the developer's sole cost and expense. The provisions of § 30-1, Affordable Housing, shall apply.

§ 26-503 CONDITIONAL USES.

[Ord. No. 779 § 16.503.1; Ord. No. 2013-02 § 26-503.1]

Before a construction permit or certificate of occupancy shall be issued for a use permitted as a conditional use by this chapter, application shall be made to the Planning Board. In making application to the Board, the developer shall follow the procedures outlined in Article 26-1000 of this chapter for site plan review.

The Planning Board shall approve or deny a conditional use with site plan review; following the procedures outlined in Article 26-1000 of this chapter. Unless otherwise stated in this section, all applications for conditional use approval shall include application for major site plan approval.

Unless otherwise permitted, every conditional use shall meet all bulk requirements for the zone in which it is located.

In reviewing all requests for approval of a conditional use the Board shall give due consideration to all reasonable elements that could affect the public health, welfare, safety, comfort and convenience such as, but not limited to, the following principles and standards:

Such use shall be specifically authorized as a conditional use in the district within which the site is located.

For every conditional use, the Board shall make a specific finding, supported by evidence produced at a public hearing in the manner provided by law, that such use will not be detrimental to the character of the neighborhood.

For every conditional use, the Board shall determine that there is adequate and appropriate access for the estimated traffic from public streets and sidewalks to ensure public safety and to avoid traffic congestion.

For every conditional use, the Board shall determine that adequate parking and off street truck loading spaces will be provided, in conformity with this chapter, for the anticipated number of occupants, employees and patrons, and that the layout of the parking spaces, truck loading spaces and interior driveways is convenient and conducive to safe operation.

For every conditional use, the Board shall require suitable plantings and/or fencing along side and rear lot lines adjacent to residential uses or districts.

A conditional use shall be further subject to the applicable specific requirements set forth at subsection 26-503.2 herein.

§ 26-503.2 Specific Conditions and Standards.

[Ord. No. 779 § 16.503.2; Ord. No. 2013-02 § 26-503.2]

Conditional uses shall be permitted as provided in Section 26-502 provided that the following specific requirements are met for each use:

House of Worship.

Lot area shall be twice the minimum lot area of the zone district within which it is located.

Setbacks shall be twice those required in the zone district within which it is located.

Off-street parking shall be provided as per the off-street parking requirements contained in this chapter.

Such buffer area as required in subsection 26-503.1.d.5 above shall be adequately landscaped and/or fenced as to provide an attractive visual screen.

Community Residence and/or Shelter.

The total number of residents, exclusive of staff, residing in any such community residence/shelter shall not exceed six.

The location of the nearest existing such community residence and/or shelter shall be no less than 1,500 feet from the proposed facility.

Total floor space in the residence shall be no less than 2,000 square feet for the six residents and an additional 150 square feet for each additional occupant.

The total common congregating area, e.g. living rooms, within the residence shall be no less than 400 square feet.

There shall be a separate bedroom for each resident staff member or, in the case of married staff members, for each married couple on the staff; additional bedroom area shall be no less than 75 square feet for each resident exclusive of staff.

There shall be no less than one bathroom facility for each four occupants or part thereof.

The structure has no structural characteristic that might or could adversely affect the health or safety of its residents.

The home is in compliance with all applicable State and Federal laws.

Off-street parking shall be provided as per the off street-parking requirements contained in this chapter.

Public and Non-Profit Day School.

Lot area shall be twice the minimum lot area of the zone district within which it is located.

Setbacks shall be twice those required in the zone district within which it is located.

Off-street parking shall be provided as per the off-street parking requirements contained in this chapter. There shall be no off-street parking in the front yard. Off-street parking in the side or rear yards shall not be closer than 15 feet to an adjacent residential property line or 10 feet from a nonresidential property line.

Such buffer area as required in subsection 26-503.1.d.5 above shall be adequately landscaped and/or fenced to provide an attractive visual screen.

Satellite Dish Antennas.

No more than one such antenna is to be permitted per lot.

All satellite dish antennas located in residential zones shall be situated in rear or side yards and located not closer than 10 feet from any property line. All such antennas shall be suitably screened during all seasons of the year from neighboring properties and the public.

Nonresidential uses, shall be permitted to erect an antenna on the side or roof of a principal or accessory structure provided the antenna is suitably screened from public view. No antenna in a nonresidential zone shall be permitted in a front yard.

Ground mounted antennas shall not exceed 15 feet in height, and structure mounted antennas shall not exceed 12 feet in height above the main ridge of the roof of the structure. Pole mounted antennas shall not exceed the maximum structure height permitted for an accessory use in the zone in which it is located.

Mixed-Use Design Standards.

[Added 11-26-2019 by Ord. No. 19-17]

Dwelling units shall have a compatible architectural theme, with complementary variations in exterior design and color. This shall include varying building and/or facade orientation, modifying dwelling unit widths and heights, changing rooflines and altering color and fenestration patterns. All sides of a building facing a public street shall be architecturally designed to be consistent with regard to style, materials, colors and details.

The facades of apartment units in a group shall include variation in materials or design so that not more than two abutting apartments will have the same or essentially the same architectural treatment of facades and rooflines.

All building entrances shall include architectural elements, including but not limited to columns, porches, overhangs, etc.

It is the goal of this chapter to generate appropriately scaled development, promote buildings with architectural distinction and encourage environmental sustainability. Variations in design as well as establishing patterns of building widths and lots are encouraged. For the nonresidential component of the mixed use, conformity among signage and awnings is encouraged.

All rooftop mechanical equipment shall be located in the rear third of the roof area, except for corner lots in which case the mechanical equipment shall be located on the rear half of the roof area. This requirement shall be subject to the review of the Planning Board and the Borough Engineer as part of the site plan review process.

Mixed-use sites shall be designed to maximize available light, air and open space.

All applicable construction codes must be met.

Mixed-Use Bulk Requirements.

[Added 11-26-2019 by Ord. No. 19-17]

The ground-floor use shall be a business or commercial use that is permitted in Business District D, as provided in Subsection 26-502.4a.

The second-floor use shall be residential dwelling units.

Maximum residential density of 12 units per acre.

The bulk regulations for the Business Zone D, as contained in the Limiting Schedule A[1] of the Borough Zoning Ordinance, shall be met, with the exception of minimum lot area, maximum permitted building height (feet and stories), and rear yard setback which shall be as required herein.

Editor's Note: Schedule A is included as an attachment to this chapter.

Minimum lot area: 20,000 square feet.

Maximum permitted building height (feet): 35 feet.

Maximum permitted building height (stories): 2.5 stories.

Minimum rear yard setback: 10 feet.

All parking requirements shall conform to § 26-903 of the Code of the Borough of Haworth, as well as the New Jersey Residential Site Improvement Standards.