Borough of Tenafly, NJ Article VIII Zoning Regulations

§ 35-801 ZONE DISTRICTS AND ENFORCEMENT.

§ 35-801.1 Zone Districts.

[Ord. No. 97-29 § 801A; Ord. No. 98-27 § 1; Ord. No. 99-37 § 1; Ord. No. 02-01 § 1; Ord. No. 02-09 § 1; Ord. No. 02-17; Ord. No. 02-18; Ord. No. 03-11 § 2; Ord. No. 04-26 § 1; Ord. No. 10-24 § 12; Ord. No. 13-20 § 1; Ord. No. 2018-27 § 1; Ord. No. 2018-28 § 1; amended 11-20-2023 by Ord. No. 23-25; 11-20-2023 by Ord. No. 23-26]

For the purpose of this chapter, the Borough of Tenafly is hereby subdivided into the following zone districts known as:

R-40	Residence District
R-20	Residence District
R-10	Residence District
R-9	Residence District
R-7.5	Residence District
R-MF	Residence District
R-RMF	Residence District
B-1	Business District
B-2	Business District
C	Commercial District
M-I	Industrial District
P	Public District
SR/B	Senior Residence/Business District
CA-C	Commercial Antenna Compost District
MF-C	Multi-Family Contributory Housing District
MF-I	Multi-Family Inclusionary Housing District
MF-I-3	Multi-Family Inclusionary Housing District 3 (35-810B)
MF-A-1	Multi-Family 100 Percent Affordable Housing District 1 (35-810D)

Overlay Districts:

AHO-1/R and AHO-1/C.1 and C.2 Affordable Housing/Commercial Overlay Zone District, No. 1. See Section 35-811 for applicable development standards.

AHO-2 Affordable Housing Overlay Zone District, No. 2. See Section 35-812 for applicable development standards.

AHO-3 Affordable Housing Overlay Zone District, No. 3 (Section 35-812A)

AHO-5 Affordable Housing Overlay Zone District, No. 5 (Section 35-812C)

AHO-6 Affordable Housing Overlay Zone District, No. 6 (Section 35-812D)

AHO-7 Affordable Housing Overlay Zone District, No. 7 (Section 35-812E)

AHO-8 Affordable Housing Overlay Zone District, No. 8 (Section 35-812F)

See Section 35-809 for development regulations applicable to the MF-C Zone District.

See Section 35-810 for development regulations applicable to the MF-I Zone District.

See Schedule "B" for development regulations applicable to each remaining zone district.

§ 35-801.2 Historic Overlay District and Historic Sites.

[Ord. No. 97-29 § 801B; Ord. No. 10-24 § 13; Ord. No. 2016-18 § 1]

In addition to the above zone districts, there is also established an HOD (Historic Overlay District) which is superimposed over and includes portions of certain of the above districts. Also located in one or more of the above zone districts are historic sites or landmarks which are identified in the Historic Preservation Plan Element of the Master Plan and which are subject to certain regulations contained in subsection 35-802.16 and Section 35-807. Any property located in an Historic Overlay District shall be regulated in accordance with the area, yard and building requirements otherwise applicable in the zone district wherein the property is located, and shall additionally be subject to the specific requirements of Section 35-807. In the event the provisions of this chapter and Ordinance 88-2 shall conflict, the more restrictive provisions shall apply.[1]

[1] Editor's Note: The Historic Overlay District and Sites is included as an attachment to this chapter. Ordinance No. 88-2 codified Section 2-57, Historic Preservation Commission.

§ 35-801.3 Zoning Map.

[Ord. No. 2016-03; Ord. No. 2017-01; Ord. No. 2017-17 § 1; amended 11-20-2023 by Ord. No. 23-25; 11-20-2023 by Ord. No. 23-26]

The map entitled, "Zoning Map, Borough of Tenafly, Bergen County, New Jersey," dated July 28, 2015, is hereby declared to be part hereof. The zone boundary lines, shown on the said Zoning Map, generally are intended to coincide with property lines, the centerlines of streets, easements, railroads or drainage courses as they existed at the time of adoption of this chapter, or as they are designated on the Zoning Map by figures or dimensions. In case of uncertainty as to the location of any zone boundary line, the Official Tax Map shall be used.[1]

a. Amendments.

1. Pursuant to Ordinance No. 2017-17 the Zoning Map[2] of the Borough of Tenafly is hereby amended to designate the following block and lot as specifically described hereunder as "Historic Sites:"[3]

Block #	Lot #	Commonly Known As:
1602	13	The Sisson House - 89 Highwood Avenue
1602	14	The Sisson House - 93 Highwood Avenue

[2] Editor's Note: A new Zoning Map was adopted by Ord. No. 2016-03, dated July 28, 2015. Prior Zoning Map history includes Ord. Nos. 00-14; 02-10; 07-14; 08-28; 10-02; 10-24; and 12-10.

[3] Editor's Note: The Historic Overlay District and Sites is included as an attachment to this chapter.

2. Pursuant to Ordinance No. 23-25, the Zoning Map of the Borough of Tenafly is hereby amended to change the underlying zoning of Block 715 Lots 11, 23, 13, and 14 to the MF-A-1 Multi-Family 100 Percent Affordable Housing District 1.

3. Pursuant to Ordinance No. 23-26, the Zoning Map of the Borough of Tenafly is hereby amended to:

(a) Change the underlying zoning designation of Block 906 Lots 2, 3, and 4 from the MF-I-2 District to the B-2 Business District;

(b) Change the underlying zoning designation of Block 1006 Lots 1, 2, and 3 from the MF-I-4 District to the B-2 Business District; and

(c) Eliminate the AHO-4 Affordable Housing Overlay Zone District, No. 4.

[1] Editor's Note: The Zoning Map is on file in the Borough offices.

§ 35-801.4 Schedule of Permitted Uses; Schedule of Area and Bulk Regulations. [1]

[Ord. No. 97-29 § 801 D, E; Ord. No. 04-26 §§ 3, 4, 8; Ord. No. 05-09 §§ 1, 2; Ord. No. 05-24 § 1; Ord. No. 10-24; Ord. No. 11-08 § 5; Ord. No. 13-20 §§ 1, 2]

a. The schedule entitled, "Schedule A, Permitted Uses, Borough of Tenafly, New Jersey," is hereby declared to be part hereof.

b. The schedule entitled, "Schedule B, Zoning Requirements, Schedule of Area and Bulk Regulations" is hereby declared to be part hereof.

[1] Editor's Note: The schedules may be found as attachments to this Chapter.

§ 35-801.5 Interpretation.

[Ord. No. 97-29 § 801F; Ord. No. 10-24 § 15]

The provisions of this Article shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, prosperity, and general welfare.

§ 35-801.6 Covenants, Easements and Restrictions.

[Ord. No. 97-29 § 801G]

It is not intended by this Article to repeal, abrogate, annul or in any way to impair or interfere with covenants, easements or restrictions between persons, nor to rescind a Construction Permit heretofore issued by the Zoning Officer of the Borough of Tenafly. Any existing deed restrictions or contracts which prescribe within any districts a building setback, front yard or open space greater than is specified herein, shall remain in full force and effect.

§ 35-801.7 Enforcement.

[Ord. No. 97-29 § 801H]

The provisions of this Article shall be enforced by the Zoning Officer. It shall be the duty of the Zoning Officer to file and safely keep a record of all applications for permits and certificates and a record of all permits and certificates issued with a notation of any special conditions involved; also he shall file and safely keep copies of all plans and plot plan surveys submitted; and the same shall form a part of the records of his office and shall be available for the use of the Mayor and Council and of other officials of the Borough. The Zoning Officer shall pay over the fees received by him to the Borough Treasurer. It shall also be the duty of the members of the Fire and Police Departments to report any violations of the provisions of this Article to the Zoning Officer, and at the same time to send a copy of such report to the Borough Clerk.

Nothing herein contained shall be deemed to preclude any resident of the Borough from enforcing this chapter by any available legal means.

§ 35-801.8 Zoning Permits.

[Ord. No. 97-29 § 801I; Ord. No. 10-24 § 16]

Zoning Permits shall hereafter be obtained from the Zoning Office:

a. Prior to construction, erection or alteration of any building or structure or part thereof or any site development provided that such permit is approved by the Zoning Officer as being in conformity with all pertinent provisions of this chapter.

b. To record the status of a nonconforming use.

c. To certify the conformity of a conditional use.

d. The applicant will make application on forms provided by the Zoning Officer.

§ 35-801.9 Conditional Use Permits.

[Ord. No. 97-29 § 801J; Ord. No. 10-24 § 17]

The Zoning Officer shall issue conditional use permits upon specific authorization of the Planning Board and in accordance with Section 35-805.

§ 35-801.10 Changes in Occupancy and Ownership; Zoning Permit Required.

[Ord. No. 97-29 § 801K; Ord. No. 10-24 § 18]

With the exception of residential use in one-family homes, two-family homes, garden apartments, townhouses, or in apartments permitted previously in joint occupancy buildings, any time the tenancy or ownership of a property changes it shall require re-application by the new tenant or the owner of the building to the Zoning Officer of the Borough of Tenafly for the reissuance of a new Zoning Permit. The purpose of this procedure is to determine the existence of any code violations and to guarantee the correction of such violations in order to protect the health and welfare of the general public.

§ 35-801.11 Prior Approval; Lapse of Permits and Variances.

[Ord. No. 97-29 § 801L]

a. Lapse of Variances. After the approval of a variance from the provisions of this chapter, the variance so granted shall lapse after the expiration of one year if no substantial construction has taken place in accordance with the plans for which such variance was granted, and a new variance and permit shall be obtained before the construction is started. Variances granted with subdivision and site plan approval shall be consistent with the Municipal Land Use Law which presently is two years.

b. Extension. Within 10 days after or before the lapse of a variance, as provided hereinabove, the owner may apply in writing to the Planning Board or Board of Adjustment for an extension of such variance. If at a public meeting the Board finds that the delay is due to reasonable cause, the Board may grant one extension not to exceed six months.

§ 35-802 GENERAL PROVISIONS.

§ 35-802.1 Applicability of Regulations.

[Ord. No. 97-29 § 802A]

No land or premises shall be used and no building or structure shall be erected, raised, moved, extended, enlarged, altered or used for any purpose other than a purpose permitted herein, for the zone district in which it is located, and all construction shall be in conformity with the regulations provided for the zone district in which such building or premises is located.

§ 35-802.2 Provisions Applicable to All Zones.

[Ord. No. 97-29 § 802B]

Each of the sections and provisions of this Article shall apply to all zone districts unless otherwise stated.

§ 35-802.3 Existing Platted Lots.

[Ord. No. 97-29 § 802C; Ord. No. 07-09 § 2; Ord. No. 08-24 § 1; Ord. No. 10-24 § 19]

Any lot or plot as recorded at the time of passage of this Article that fails to comply with the minimum lot requirements of this Article VIII may be used for any use not otherwise prohibited in such district in which it lies.

§ 35-802.4 Subdivision of Lot.

[Ord. No. 97-29 § 802D; Ord. No. 07-09 § 1]

When a new lot or lots are formed from part of a parcel of land, the separation shall be effected in such a manner as not to impair any of the provisions of Article VIII. Subdivision shall be effected in accordance with Article VIII.

a. The width of any proposed lot shall not be less than set forth in Schedule B[1] or the average width of the lots on each side of the street the lot is located, within 500 feet of the exact midpoint of the lot, measured from the midpoint of the lot along the centerline of the street upon which the lot fronts on, whichever is greater. When computing the average width of the surrounding lots, the following lots shall be excluded from the computation: the lot to be subdivided, lots which have been vacant more than five years and lots containing conforming nonresidential or multi-family uses.

[1] Editor's Note: Schedule B, referred to herein, may be found as an attachment to this chapter.

§ 35-802.5 Prohibited Uses.

[Ord. No. 97-29 § 802E; amended 8-9-2021 by Ord. No. 21-13]

a. Prohibited uses generally. Where a use is not specifically permitted in a zone district, it is prohibited.

b. Cannabis establishments prohibited. All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16 ("New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act"[1]) shall be prohibited in all zones in the Borough, but the delivery of cannabis items and related supplies by a delivery service is permissible.

[1] Editor's Note: See N.J.S.A. 24:6I-31 et seq.

§ 35-802.6 Requirements to be Met on Lot and Within Zone District.

[Ord. No. 97-29 § 802F; Ord. No. 10-24 § 20]

Unless otherwise provided herein, all yards, open spaces, vehicular access and off-street parking shall be contained on the lot and comply within the zone district requirements in which the use is located.

§ 35-802.7 Required Area or Space.

[Ord. No. 97-29 § 802G]

No lot, yard, parking area or other space shall be so reduced in area or dimension as to make the area or dimension less than the minimum required under this Article VIII. If already less than the minimum required under this part, the area or dimension shall not be further reduced.

§ 35-802.8 Principal Building.

[Ord. No. 97-29 § 802H; Ord. No. 10-24 § 21]

Only one principal building may be erected on a lot except for related buildings forming one principal use and limited to the following:

a. Public or institutional building complexes.

b. Research, industrial, manufacturing, office or retail shopping complexes.

c. Multi-family dwelling complexes.

d. Unless otherwise regulated in this Article, no principal building shall be located closer to another building than the height of the taller building.

e. HVAC units and other utility elements shall be considered part of the principal building and shall meet the requirements of principal buildings.

§ 35-802.9 Accessory Buildings and Uses.

[Ord. No. 97-29 § 802I; Ord. No. 04-13; Ord. No. 05-06 § 1; Ord. No. 10-24 §§ 22 — 24; Ord. No. 10-27 § 3; Ord. No. 11-08 §§ 2, 3; Ord. No. 13-20 § 1]

Except as otherwise provided in this Article, buildings and uses which are accessory to a principal use or building are permitted in all zones as follows:

a. An accessory use shall be operated and maintained under the same ownership or by lessees thereof and on the same lot as the principal permitted use to which it is accessory.

b. Such accessory use does not involve nor include any building structure or structural feature inconsistent with the principal permitted use.

c. No accessory use shall be operated and no accessory building or structure shall be erected on any lot prior to the time of operation of the principal use or of the construction of the main building to which it is accessory as the case may be.

d. No accessory building in any district shall be used for residence purposes.

e. Any accessory use or accessory building or structure shall be located on the same lot with principal building to which it is accessory.

f. Except as exempted herein, an accessory building or structure shall be located only in the rear yard provided that in residence districts:

1. In the case of a corner lot, no accessory building or structure shall be located within 1/2 of the lot depth nearest the fronting street and it shall be set back from the other street lines at least as far as the principal building is required to set back from such other street line. See Sketch 17 attached to this chapter.

2. In the case of an interior lot, no accessory building or structure shall be located within that 1/2 of the lot depth nearest the fronting street;

3. In the case of a through lot, no accessory building or structure shall be located within 1/4 of the lot depth nearest each and every street;

4. Provided further that the foregoing regulations shall not require an accessory building or structure to be set back more than 75 feet from a street; and

5. Provided further, that the foregoing regulations on location of accessory building or structure shall not apply to an accessory use which occupies any part of the main building to which it is accessory.

g. In the various zone districts, the coverage of all accessory buildings and structures, including paved parking areas and other impervious surfaces, shall not exceed the percentage of the rear yard area according to zone district as provided in the schedule below:

Zone	Rear Yard Impervious Coverage
R-RMF	50%
B-1	75%
B-2	75%
C	65%
M-1	65%
P	25%

h. Patios and open decks are subject to the height, yard and setback requirements of the zone district for permitted principal uses. No patio, ground level deck, sidewalk, driveway, paved parking area or other impervious surface structure shall be located closer to a side or rear property line than 15 feet in the R-40 zone, 10 feet in the R-20 zone, five feet in the R-10 zone and three feet in the R-9 and R-7.5 zones.

i. (Reserved)

j. Basketball Hoops. In all one- and two-family residential zones, one basketball hoop, as defined in Section 35-201, shall be permitted to be placed directly upon or immediately adjacent to any existing driveway on a lot, provided that in front yards it shall not be situated closer to a front lot line than 1/2 the distance required for front yards for principal structures for the zone in which it is located, and shall not be situated closer to a side or rear lot line than the required driveway setback for the zone in which it is located, as provided under subsection 35-804.4a2.

§ 35-802.10 Special Restrictions.

[Ord. No. 97-29 § 802J]

Nothing in this chapter shall be construed to permit any use, process or occupancy which constitutes or will create an unusual hazard whether by fire, explosion, chemical or otherwise or which by reason of noise, odor, dust, gas, smoke or other conditions constitutes or will create a nuisance to or inflict demonstrable damage upon neighboring property.

§ 35-802.11 Merger of Lots.

[Ord. No. 97-29 § 802K]

If two or more lots or combinations of lots and portions of lots, developed or undeveloped, with continuous frontage or contiguous rear yards in single ownership do not meet the requirements for lot width and area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of the parcel shall be used or sold which does not meet lot width and area requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this chapter.

Where adjacent or contiguous properties are owned, one by one spouse and the other by the other spouse or both spouses jointly, or one by a partner and the other by a partnership or copartner, or one by a corporation and the other by an officer or principal thereof, or one by any person or legal entity and the other by another person or entity related to or in private thereto, then neither parcel shall be deemed to be in "single or separate ownership" but instead both tracts shall be considered as merged for purposes of enforcing minimum lot size or area, the purpose of the aforesaid definition being to achieve the aims of maintaining the higher standards of lot and bulk requirements.

§ 35-802.12 General Yard and Setback Regulations.

[Ord. No. 97-29 § 802L; Ord. No. 10-24 §§ 25 — 28]

a. Minimum Yards. Every lot must provide front, side and rear yards, or front and side yards as required by its zone district. All front yards shall face upon a dedicated public street right-of-way or a private street right-of-way approved by the Planning Board. On streets less than 50 feet in width, the required front yard shall be increased by 1/2 the difference between the width of the street and 50 feet. If a street width greater than 50 feet is shown on an adopted Master Plan or Official Map, the required front yard shall be increased by 1/2 the difference between 50 feet and said street-width.

b. Front Yard Exceptions.

1. Where a lot is situated between two lots, each of which is developed with a principal building having a setback greater than the minimum required by this chapter, the front yard requirement of such lot shall conform to the setback of the dwelling closest to the street.

2. Where a lot adjoins one lot developed as described above and either a lot with a principal building constructed at the minimum required setback line or a vacant lot, the minimum front yard requirement of such lot shall be the average of the front yard of said developed lot and the required front yard.

3. Where in a given block and on the same side of the street there is a pronounced uniformity in the alignment of existing buildings in which the front yard depths are greater than required, any new building or addition thereto shall conform with the established alignment.

c. Yards Adjacent to Residence District. Whenever the side or rear line of a lot in a business, commercial or industrial district abuts upon a residence district, the larger side or rear yard regulations applicable to the respective districts on the boundary line between districts shall apply on both sides of the line.

d. Projections. The following projections into minimum required yards or courts may be permitted provided that the maximum projection specified as follows shall not be exceeded:

1. Cornices and eaves - two feet.

2. Belt courses, sills, stormwater leaders and similar ornamental or structural features - one foot.

3. Awnings or roofs over doors or windows - three feet and shall be not more than four feet in width.

4. A chimney or vent into a side yard or rear yard - two feet provided that the width shall not exceed five feet.

5. An open fireproof fire escape stairway into a side or rear yard - four feet.

6. Uncovered steps, including platforms at the top and bottom of such steps - three feet.

e. (Reserved)

f. Drainage Rights-of-Way Bridges and Culverts. Except where Federal, State or local standards apply no building or structure or any part thereof of any fence, or other structure or obstruction shall be located near to the centerline (including the centerline of a piped area, where one exists) of the following drainage canals, brooks, or other rights-of-way.

1. Tenakill Drainage Canal.

(a) For that section of the canal extending from the most northerly projection of the Borough line between the Boroughs of Tenafly and Cresskill as it intersects the centerline of the Tenakill Drainage Canal southerly to the intersection of the centerline of the extension of Davenport Avenue and the canal — 37.5 feet.

(b) For that section of the canal from Davenport Avenue southerly to West Clinton Avenue — 32.5 feet.

(c) For that section of the canal from West Clinton Avenue southerly to Ivy Lane — 25 feet.

2. East Brook.

(a) For that section of the East Brook from the Englewood City line northerly to East Clinton Avenue — 20 feet.

(b) For that section of the East Brook from East Clinton Avenue northerly to the Alpine Borough line — 15 feet.

3. East Brook Tributary. For that section of the East Brook Tributary from Old Smith Road easterly to Highwood Avenue — 10 feet.

4. Other Drainage Rights-of-Way. For any other drainage right-of-way shown upon the Borough tax assessment map or Master Plan — 10 feet.

5. Bridges and Culverts. All bridges, culverts, viaducts and other watershed or drainage structures shall be designed by a licensed professional engineer of the State of New Jersey, reviewed by the Borough Engineer and be approved by the Mayor and Council and the State of New Jersey, where required.

§ 35-802.13 Height Exceptions.

[Ord. No. 97-29 § 802M]

The height limitations of this chapter shall not apply to:

a. The erection of church spires, belfries, towers designed exclusively for ornamental purposes, chimneys or vents, or to elevator enclosures, stairway heads, cooling towers, or water tanks occupying in the aggregate less than 10% of the area of the roof on which they are located.

b. A parapet wall or cornice may extend above the height limit not more than five feet.

c. Usual home radio and television antennae except for amateur radio transmission.

§ 35-802.14 Temporary Uses.

[Ord. No. 06-29 § 1; Ord. No. 10-24 § 29]

a. Temporary Use Permits. It is recognized that it may be in accordance with the purpose of this chapter to permit temporary activities, and temporary structures as defined by the New Jersey Uniform Construction Code, for a limited period of time, which activities may be prohibited by other provisions of this chapter. Except for the temporary use permits that may be approved directly by the Zoning Officer as set forth in paragraph e, the Governing Body may, upon receipt of an application, direct the Zoning Officer to issue a permit for such a use for a period not to exceed six months, if such uses are of such a nature and are so located that at the time of the petition, they will:

1. In no way exert a detrimental effect upon the uses of land and activities normally permitted in the zone.

2. Contribute to the welfare of the Borough, particularly in a state of emergency, under conditions peculiar to the time and place involved.

b. Temporary Uses, All Zones. In all zones, temporary use permits shall be required for:

1. Temporary office, incidental and necessary for the sale or rental of real property and located on the property offered for sale or rent.

2. A charity bazaar or carnival conducted by members of a religious organization, nonprofit corporation or club located in the Borough on property owned by said organization or at such other location approved by the Mayor and Council; provided that each permit shall be valid for a period not exceeding six consecutive days and provided further that 90 consecutive days shall intervene between the termination date of one permit and the issuance of another permit for the same location.

c. Temporary Use, C and M-1 Zones. In the C and M-1 zones, a temporary use permit shall be required for a commercial bazaar or open air carnival, provided the activity is under sponsorship of an established organization located in the Borough; the same time limitations as set forth in paragraph b above hereof shall apply.

d. Temporary Use, Nonresidential Zones. In zones except for the Residential zones, a temporary use permit shall be required for open-air sale at retail of Christmas trees and greens; provided that no permit shall be effective prior to the 15th day of November in each calendar year and no permit shall be valid for a period exceeding 45 days.

e. Temporary Use, Storage Containers. Temporary Use Permits for on-site placement of commercially leased, prefabricated, fully-enclosed temporary storage containers ("containers") may be obtained as follows:

[Amended 3-10-2020 by Ord. No. 20-02]

1. A temporary use permit shall be required for the temporary placement of a container at any site within the Borough of Tenafly.

2. Temporary use permits may only be issued for containers not exceeding overall dimensions of eight feet in width, 16 feet in length and eight feet in height.

3. All containers shall be placed in the rear yard to the extent practicable and, if not in the rear yard, then only in the driveway, front yard, or side yard. Containers placed in the front or side yard must be placed at least 10 feet from the front and side yard lot lines. Containers must be placed on existing site grades or on existing paved surfaces, without additions or modifications. Containers shall not impede traffic visibility or interfere with the site triangle of the property and shall not impede the right-of-way. Containers shall not abut the public sidewalk or impede the access of emergency services to the property.

4. Containers shall only be used by the owner or occupant of the property on which the containers are placed. Containers shall be used only to store household items and shall not be used for any commercial purpose whatsoever, nor for the storage of any items used for business purposes by any owner/occupant. Containers shall not be used for the storage of any hazardous substance, including but not limited to chemical, flammable or explosive materials. Containers shall also not be used for the storage of trash. Utility connections to containers are not permitted.

5. Application forms for a temporary use permit may be obtained from the Zoning Official or his/her designee. A "completed application" shall consist of a completed application form accompanied by a current survey of the property marked to indicate the proposed location of the container and payment of a $25 administrative fee. The Zoning Official shall grant or deny the temporary use permit within one business day after receipt of the completed application. Failure of the Zoning Officer to act on a completed application shall be deemed a denial. It shall be the applicant's obligation to contact the Building Department to obtain the Zoning Officer's decision on any application for a temporary use permit under this subsection.

6. The Zoning Officer's denial of a temporary use permit under this subsection may be appealed in writing to the Mayor and Council within 15 days after the application has been denied.

7. The Zoning Official may issue a temporary use permit to allow the placement of a container on a site located in the one- and two-family residential zones, and only for an initial period of 30 days. Once properly issued, a temporary use permit may be renewed by the Zoning Official for no more than two additional consecutive thirty-day periods upon the applicant's payment of an additional administrative fee of $10 for each such renewal.

8. All requests for temporary use permits for containers in zone districts other than one- and two-family residential zones, or for locations on a property other than as required above, or for placement durations longer than the ninety-day period mentioned above, and up to a maximum total of six months, may be approved by the Mayor and Council upon receipt of written requests substantiating the need for deviations from the requirements of this subsection.

f. Termination of Use. Upon termination of any use permitted under this subsection, any temporary building or structure erected in connection therewith shall be removed from the premises at the end of the period specified in such special permit or renewal thereof and the premises shall be restored to the condition existing at the time of the issuance of the Temporary Use Permit.

§ 35-802.15 Child Care Centers.

[Ord. No. 97-29 § 802O; Ord. No. 2017-05]

Other regulations of this chapter to the contrary notwithstanding, child care centers for which, upon completion, a license is required from the Department of Children and Families pursuant to N.J.S.A. 30:5B-1 et seq. shall be permitted in all nonresidential zones subject to the following requirements:

a. Time of Operation. Child care centers, except child care centers operated by an industry during work hours as a service to its employees, shall be limited to daytime operations between the hours of 7:00 a.m. to 7:00 p.m.

b. Setbacks. Any building containing a child care center shall meet the yard requirements of the zone district, provided that no such building shall be located within 35 feet of a residential property.

c. Outdoor Play Areas. Outdoor play areas shall be located in side and rear yards only, shall be enclosed by a fence and shall be located at least 35 feet from a residential property line and at least 20 feet from a nonresidential property line.

d. Parking. Off-street parking shall be provided in accordance with Section 35-804. Off-street parking need not be provided in connection with child care center when operated by an industry as a service to employees if such parking would duplicate available, existing parking. Pickup and delivery of children shall take place on the site with safe means of ingress and egress as approved by the Planning Board.

e. Screening. All parking areas and play areas that adjoin residential properties shall be effectively screened by appropriate landscaping as approved by the Planning Board.

f. Site Plan Approval. Any child care center shall be subject to site plan approval by the Planning Board in accordance with Article VII.

§ 35-802.16 Standards for Historic District and Historic Sites.

[Ord. No. 97-29 § 802P]

All properties located within HOD (Historic Overlay Districts) and all historic sites reflected in the Historic Preservation Element of the Master Plan are subject to the provisions of Section 35-807. Any application for development over which the Planning Board or the Board of Adjustment has jurisdiction and which involves an historic site shall be referred to the Historic Preservation Commission by the Board of jurisdiction for report and recommendation. Within 45 days of receipt of an application, the Historic Preservation Review Commission shall review the application and shall issue a written report to the Board of jurisdiction recommending approval, approval with conditions or denial of the application, based upon the standards hereinafter set forth. The Board of jurisdiction shall review the report of the Commission and shall make a final determination as to the disposition of the application, namely, to approve, approve with conditions or deny the application. Failure of the Historic Preservation Commission to report to the Board of jurisdiction within 45 days of this referral shall be deemed to constitute a report in favor of issuance of the permit and without the recommendation of conditions to the permit. In making its determination, the Board of jurisdiction shall be guided by the same standards and principles applicable to the Historic Preservation Commission as contained in Section 35-807.

§ 35-802.17 Lot Grading.

[Ord. No. 97-24 § 802Q]

a. Prior to the issuance of a construction permit, including a construction permit for an in-ground swimming pool or outdoor tennis courts, and prior to the alteration of any site elevations in excess of one foot where a construction permit is not required, a lot grading plan shall be submitted to the Construction Official and approved by the Borough Engineer.

The lot grading plan shall be in duplicate, shall be prepared by a licensed professional engineer and shall show all information required in paragraph b below. Upon receipt of the site plan, the Borough Engineer shall review the plan and determine whether or not it meets the standards set forth in this chapter. Upon making such a determination, the Engineer shall retain one copy and forward one copy of the site plan to the Construction Official.

b. The lot grading plan shall include the following information:

1. Existing and proposed grades represented by contours at two foot intervals when grades are below 20%, at five foot intervals when grades are above 20% and by spot elevations when flatness of the plot makes the use of contours impractical. Existing contours shall be shown for a distance of 50 feet beyond the plot limits. This distance may be reduced if approved by the Borough Engineer.

2. Existing and proposed elevations at all plot corners, building corners, centers of swales, tops and bases of walls, disposal bed corners and at the locations of all changes in direction of stormwater flow.

3. Proposed elevations at changes in grade of driveways and walks, as well as the proposed and existing curb, sidewalk and road elevations at the plot corners.

4. Swales and other means for the disposition of all stormwater runoff originating within the plot and of stormwater originating outside the plot and which will flow into the plot.

5. Proposed buildings, including all overhangs, the number of stories and the proposed elevation of all floors, basements and cellars and the front and side setback distances.

6. All proposed walls, walks, driveways, sidewalks and curbs, with widths shown.

7. Type and width of existing pavement and width of the right-of-way on the road on which the plot fronts.

8. Metes and bounds of all property lines, monumentation at all property corners and location of any existing fences, hedges, etc., along the property lines.

9. Any proposed changes in grade shall not exceed a slope of three to one (3:1).

10. Provide a diagram and calculations for the determination of building height. The calculations must include the grade elevations adjacent to the perimeter of the building foundation for the existing and proposed grade elevations and the highest point of the building.

[Added 2-26-2019 by Ord. No. 19-01]

§ 35-802.18 Fences, Walls and Hedges and Clear View at Intersections.

[Ord. No. 97-29 § 802R; Ord. No. 10-24 § 30]

a. Fences, Walls, Hedges and Clear Views at Intersections in Residential and Open Zones.

1. Interior Lots. On interior lots within the required front yard setback area listed on Schedule B, fences constructed 75% or more open may be erected up to a height of four feet and fences constructed less than 75% open, may be erected up to a height of 2.5 feet. On all other areas of an interior lot, fences constructed 75% or more open may be erected up to a height of eight feet and fences constructed less than 75% open may be erected up to a height of six feet. See Sketch 3. (Sketches may be found in the office of the Borough Clerk.)

2. Through Lots. On through lots within the required front yard setback area listed on Schedule B, for the front yard, opposite the front of the residence, fences constructed 75% or more open may be erected within a lot up to a height of four feet and fences constructed less than 75% open, may be erected up to a height of 2.5 feet. Within the first 10 feet measured from the street line of the front yard opposite the rear of the residence, the same restrictions apply. In the area between the front yards, fences constructed 75% or more open may be erected up to a height of eight feet and fences constructed less than 75% open may be erected up to a height of six feet. See Sketch 4. (Sketches may be found in the office of the Borough Clerk.)

3. Corner Lots. Within the required front yard setback area listed on Schedule B for both front yards of a corner lot, fences constructed 75% or more open may be erected up to a height of four feet and fences constructed less than 75% open, may be erected up to a height of 2.5 feet; except for the sole purpose of erecting a fence, in the front yard located between the rear building line and the rear lot line, the front yard setback listed on Schedule B may be reduced by 10 feet. In all of the remaining area of a corner lot, fences constructed 75% or more open may be erected up to a height of eight feet and fences constructed less than 75% open may be erected up to a height of six feet. See Sketch 5. (Sketches may be found in the office of the Borough Clerk.)

[Amended 2-23-2021 by Ord. No. 21-01]

4. Clear Views at Intersections. No fence or hedge exceeding 2.5 feet in height, measured from the top of the curb, may be erected within the sight triangle. Each of the sides of the sight triangle measured along the street line shall measure 25 feet. Any tree or shrubbery within the sight distance triangle must be either less than 2.5 feet in height, measured along its main trunk or branch, or if in excess of 2.5 feet, no branches shall be nearer than nine feet to the ground. See Sketch 12. (Sketches may be found in the office of the Borough Clerk.)

[Amended 2-23-2021 by Ord. No. 21-01]

5. Regardless of which yard a fence is proposed in, the finished side of all fences shall face outward toward surrounding properties or adjacent public rights-of-way. For the purpose of this section, for fences to be considered "open," they must be open in a uniform and unobstructed way.

6. Except where otherwise provided, the permitted height of all fences shall be measured from finished grade and all fences, shall be constructed within the subject lot and not within any portion of a public street.

[Amended 2-23-2021 by Ord. No. 21-01]

b. Fences, Walls and Hedges in Nonresidential Zones. In all nonresidential zones the same restrictions shall apply as described in paragraphs a1 through a6 above except that the maximum height of 2.5 feet will be extended to allow a maximum height of four feet for fences constructed less than 75% open on areas of the lot other than within the sight triangle areas described in paragraph a4 above.

c. Retaining Walls. The provisions of this section shall not be deemed to prohibit any necessary retaining wall. Where any portion of the retaining structure for the residence is more than three feet above the elevation of the ground measured at the nearest point of the property line of the lot on which the residence is located, the retaining structure and the ground intervening between it and the property line shall be terraced and landscaped in a manner approved by the Borough Engineer. In reviewing a plan, the Borough Engineer shall consider proper drainage of the site and shall minimize the impact of the retaining wall on adjoining property owners of the installation of landscaping and, if necessary, the reduction in the elevation of the retaining wall.

d. Maintenance. All fences, walls and hedges subject to the provisions of this section shall be continually maintained.

e. Enforcement. The Zoning Officer of the Borough of Tenafly is hereby designated as the Public Officer charged with the enforcement of the terms of this section. All complaints which allege violation of any of the terms of this section shall be submitted in writing to the Zoning Officer. Upon receiving such written complaint, the Zoning Officer shall investigate the facts alleged and where, in his judgment, it appears that a violation of the terms of this section exist, the Zoning Officer shall issue a complaint returnable before the Judge of the Municipal Court of the Borough of Tenafly, provided, however, that when any complaint is received alleging a violation of the terms of this section for the triangular area described by paragraph a4 or a6 or paragraph b, the Zoning Officer shall forthwith transmit a copy of the alleged violation to the Chief of Police who shall in such circumstances investigate the situation and report in writing to the Zoning Officer whether in his opinion a violation exists and recommending that a complaint be issued by the Zoning Officer.

The Chief of Police is hereby authorized to conduct such investigation himself or delegate such authority to a member of the Police Department.

The Police Department shall make diligent effort in performing its normal police duties to observe the condition of property at all intersections and to initiate a report in writing directly to the Zoning Officer without having previously received a citizen's complaint concerning this violation.

Before a complaint is issued, the Zoning Officer shall give notification thereof of his intent to issue a complaint stating the alleged violation so that the person responsible for the condition shall have an opportunity to abate this condition within the period prescribed by this subsection.

f. Nonconforming Conditions. Where plant life, fences, retaining walls or hedges exist in violation of the terms of this subsection, or where the existence of certain fences or hedges shall have created or tend to create a hazard when considered alone or in connection with other fences or hedges, the person responsible for the condition shall correct the condition within 30 days of mailing of a written notice by the Zoning Officer sent by certified or registered mail, return receipt requested, to the last known address of such persons and describing the violation. In the event that such corrective action is not taken, the Zoning Officer is authorized to take independent action to see that such violation is corrected, shall certify the cost thereof to the Mayor and Council who shall examine the certification and, if found to be correct, shall cause the cost as shown thereon to be charged against such lands to become a lien thereon and to be added to and become a part of the taxes next to be assessed and levied upon such lands.

g. Preexisting Conditions. Any fence, hedge or retaining wall existing at the time of the passage of this chapter which complied with the requirements of the fence, hedge and wall regulations in effect on August 13, 1981 and which is contrary to the provisions of this section henceforth shall be deemed a nonconforming appurtenance and shall be treated as are nonconforming uses under the current Zoning Regulations of the Borough of Tenafly; provided, however, that any fence, hedge or retaining wall which exists at the time of the passage of this chapter and contrary to it in that the fence, hedge or retaining wall violates more particularly the provisions of paragraph a, a6 or a7 of this subsection pertaining to the triangular area at road and railway intersections, shall be modified and corrected so as to remove the nonconformity, the modification or correction to be accomplished no later than 90 days from the effective date of this chapter, the correction of this type of nonconformity being necessary for the general safety and welfare of the citizens of Tenafly and to preserve and protect human lives from injury.

h. Registration. Any person, firm or corporation erecting a fence or retaining wall (which is regulated by this chapter) after the effective date of this chapter[1] shall register the existence of the fence or retaining wall by notifying the Zoning Officer of the Borough of Tenafly in writing on a form which the Borough of Tenafly shall supply. Such registration shall include the full name of the record owner of the property, the address of the property (including the lot and block), a brief description of the fence or wall including its size, type and construction material, and the approximate location of said fence or retaining wall in relationship to the property lines and if required by the Zoning Officer, its relationship to existing structures.

The Zoning Officer, upon receiving said registration as described aforesaid, shall maintain an appropriate log or other records and shall notify the Assessor of the Borough of Tenafly so that the information can be recorded on the permanent record card for the particular tract or parcel upon which the fence or retaining wall has been erected.[2]

[1] Editor's Note: This chapter was adopted by Ord. No. 97-29 on December 22, 1997.

[2] Editor's Note: Original language included reference to Ordinance No. 909, which was subsequently repealed by Ordinance No. 1207.

i. Permits. Persons, firms or corporations which must file an application to the Board of Adjustment of the Borough of Tenafly shall, upon receiving approval from that Board, obtain a Building Permit upon the payment of a fee of $1.

§ 35-802.19 Commercial Antennas.

[Ord. No. 96-29 § 1; Ord. No. 97-29 § 802S; Ord. No. 98-02 §§ 1 — 7; Ord. No. 10-24 § 31]

a. Commercial antennas are prohibited throughout the Borough of Tenafly except in the CA-C Commercial Antenna Compost District (Block 1210, Lot 2 and Block 1303, Lot 2).

b. Any entity or person seeking to co-locate antennas and other ancillary equipment on or around an existing mounting device shall first seek approval of the lessor of the mounting device and the Planning Board prior to the installation of said antenna and other ancillary equipment.

c. Any individual, partnership, corporation or other entity desiring to construct, erect or install a commercial antenna is hereby required to obtain site plan approval by the Tenafly Planning Board in accordance with Article VII, Subdivision and Site Plan Review.

d. Any commercial antenna erected pursuant to this Article shall be subject to the following:

1. The height of the antenna from ground level inclusive of its mounting device commonly known as a tower or monopole shall be no greater than 160 feet.

2. Only one tower or monopole shall be erected in the CA-C Commercial Antenna Compost District. However, such a tower or monopole shall be a multiple-use tower or monopole and must be made available for multiple commercial uses.

3. Such a tower or monopole shall be adequately screened so as to prevent same from interfering with the general character of the surrounding lands. The screening is required only to the extent that it will not interfere with the operation of the antenna. The tower and the antenna shall be properly screened to blend into the surrounding area and skyline. Screening methods shall include but not be limited to painting, landscaping, selection of antenna materials and design.

4. Security fencing shall be placed around the base of the antenna and its mounting device.

§ 35-802.20 Flagpoles.

[Ord. No. 97-29 § 802T]

Notwithstanding any other provisions of this chapter, flagpoles are permitted in any yard in any zone up to a maximum height of 25 feet provided that any such pole shall not be closer to a property line or street right-of-way line than the height of the pole or 20 feet, whichever is greater. No such flagpole shall be erected unless approved by the Building Inspector as to its structural stability and its ability to withstand maximum anticipated wind forces.

§ 35-802.21 Home Office Use.

[Ord. No. 00-05]

Home office use, meaning an office activity carried on for gain by a resident in a dwelling unit, shall be a permitted accessory use in residential zone districts, provided:

a. The use is limited solely to office use.

b. The use is operated by or employs in the residence only a resident or residents who are permanent full-time residents of the dwelling unit, and no other persons.

c. No nonresident employees, customers, or business invitees or guests shall visit the dwelling unit for business purposes.

d. The use shall be located in only one room of the dwelling unit, which shall not be served by an entrance separate from the household.

e. Interior storage of materials shall only consist of office supplies.

f. There shall be no change to the exterior of buildings or structure because of the use, and no outside appearance of a business use including, but not limited to, parking, storage, signs or lights.

g. The use operates no equipment or process that creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with telephone, radio or television reception, detectable by neighboring residents.

h. The use does not require any increased or enhanced electrical or water supply.

i. The quantity and type of solid waste disposal is the same as other residential uses in the zone district.

j. The capacity and quality of effluent is typical of normal residential use, and creates no potential or actual detriment to the sanitary sewer system or its components.

k. Delivery trucks shall be limited to U.S. Postal Service, United Parcel Service, Federal Express and other delivery services providing regular service to residential uses in the zone district.

l. All vehicular traffic to and from the home office use shall be limited in volume, type and frequency to what is normally associated with other residential uses in the zone district.

§ 35-802.22 Self-Storage Facility.

[Ord. No. 04-26 § 5]

Self-storage facilities shall adhere to the minimum area, yard and building requirements of the particular district where permitted and to the following:

a. No part of the parking lot is permitted within the required front yard area or within 25 feet of any adjoining residential lot and/or residential zone.

b. A minimum landscape buffer area of 10 feet along the property lines shall be provided. Such buffer shall consist of a landscaped planted area with shrubs, evergreen trees not less than six feet high when planted, and shade trees at a maximum spacing of 30 feet from each other.

c. Facades of all structures facing public streets or visible from public streets and residential uses within 500 feet shall be constructed of materials which will be compatible with the uses in the area.

d. All outdoor lighting shall be shielded to direct light and glare only onto the premises and shall be of sufficient intensity to discourage vandalism and theft.

e. No self-storage unit doors shall be constructed to open to a public street.

f. Trash receptacles and dumpsters shall be screened from public streets and adjacent residential uses utilizing masonry material similar to the facade of the building. Screening walls shall be of a masonry material that is compatible with the character of the building material facade.

§ 35-802.23 Garages with Residential Uses.

[Ord. No. 10-24 § 33]

An enclosed garage to accommodate at least one automobile shall be provided for each single-family dwelling unit, and two automobiles shall be provided for each two-family dwelling unit.

§ 35-803 NONCONFORMING BUILDINGS, STRUCTURES AND USES.

§ 35-803.1 Continuance of Nonconforming Buildings, Structures and Uses.

[Ord. No. 97-29 § 803A; Ord. No. 10-24 § 34]

a. Any lawful nonconforming uses, buildings or structures existing at the time of the passage of this chapter may be continued upon the lot or in the building or structure so occupied and any building or structure may be restored or repaired in the event of partial destruction thereof.

b. Nonconforming buildings or structures, which comply with the use requirements of this chapter and are nonconforming because of height, area or yard regulations may be enlarged provided that any enlargement meets all the requirements of this chapter.

§ 35-803.2 Nonconforming Use.

[Ord. No. 97-29 § 803B]

A nonconforming use on the premises in existence at the time of the passage of this chapter[1] shall not be expanded, increased or enlarged and shall not be permitted to be changed to any use other than a conforming use.

[1] Editor's Note: This chapter was adopted by Ord. No. 97-29 on December 22, 1997.

§ 35-803.3 Abandonment.

[Ord. No. 97-29 § 803C]

In the event that there is a cessation of operation of any nonconforming use for a period of one year, or an intent to terminate a use is manifested, the same shall be deemed to be an abandonment of such nonconforming use. Any subsequent exercise of such abandoned nonconforming use shall be deemed a violation of the terms of this chapter.

§ 35-803.4 (Reserved)

§ 35-803.5 Building Permit.

[Ord. No. 97-29 § 803E; Ord. No. 10-24 § 35]

A Building Permit for the reconstruction of any nonconforming use must be applied for within one year from the time of partial destruction.

§ 35-803.6 Maintenance of Nonconforming Building or Structure.

[Ord. No. 97-29 § 803F]

Normal maintenance of a nonconforming building or structure, or of a building or structure containing a nonconforming use is permitted, including necessary repairs and incidental alterations, provided that such repairs and alterations shall not increase the degree of nonconformity of the building nor extend the nonconforming use.

§ 35-804 OFF-STREET PARKING AND LOADING.

§ 35-804.1 Off-Street Facilities Required.

[Ord. No. 97-29 § 804A; Ord. No. 99-10 § 1; Ord. No. 00-15 § 1; Ord. No. 04-26 § 9; Ord. No. 05-24 §§ 4, 5; Ord. No. 08-16 § 1; Ord. No. 10-14 § 1; Ord. No. 10-24]

In all districts in which the types of buildings and uses specified hereunder are permitted by this chapter, off-street parking and off-street loading facilities in connection with uses or buildings shall be provided in an amount not less than hereinafter specified in Schedule C,[1] provided that nothing in this section shall prevent the reconstruction or repair without enlargement of any lawful nonconforming building existing at the effective date of this chapter,[2] except that the floor area of any lawful building may be increased within the said building a maximum of 400 square feet without any increase in parking area.

Notwithstanding the above, the parking requirements for restaurants specified in Schedule C shall not be deemed to apply to a change of permitted use in any existing building or to any new building replacing an existing building and having a gross floor area equal to or smaller than the former building located in the Retail Business Zone B-1 or Retail Business Zone B-2.

a. Open air parking, storage or keeping of commercial vehicles in any residential district shall be prohibited; however, that not more than one commercial vehicle of not more than two tons capacity and owned by persons residing on the premises may be parked, stored or kept in a private garage that is an accessory to the main building in such residential district.

b. The parking of unregistered motor vehicles in the open is prohibited, except as an adjunct to new car sales establishments where these are permitted. For the purpose of this section, the storage or deposit on a lot of two or more wrecked or broken down vehicles or parts of two or more such vehicles shall be construed to be the maintenance and establishment of a junk yard, which use is prohibited in all zoning districts.

c. Nothing contained in this section shall be read to prohibit the temporary parking of commercial vehicles in residential driveways as follows:

1. For emergency work or service at any time during the day or night;

2. For delivery of goods during daylight hours from such commercial vehicle to the premises on which it is parked; or

3. During the performance of work or delivery of services during daylight hours when such commercial vehicle is reasonably necessary for such work or service.

d. Open air parking, storage or keeping of commercial vehicles overnight within any business district shall be prohibited, except as follows:

1. Commercially licensed vans which satisfy all of the following conditions will be permitted to park overnight in a business district:

(a) Fully enclosed, single chassis, nonsegmented body with driver's seating area not physically separated from other passenger or cargo area, four wheels, and not more than 20 feet long.

(b) No equipment, ladders or other accessories that are not an integral part of the vehicle shall be permitted.

(c) Vehicle must be parked in the rear of any building on the property. No vehicle shall be parked in the front yard or side yard of any lot.

(d) Only one commercially licensed van per business, meeting all of the above criteria, shall be permitted to park overnight within any business district.

[1] Editor's Note: See Schedule C as an attachment to this Chapter.

[2] Editor's Note: This chapter was adopted by Ord. No. 97-29 on December 22, 1997.

§ 35-804.2 Off-Street Loading Required.

[Ord. No. 97-29 § 804B; Ord. No. 10-24 § 36]

a. For any building or premises used for business, commercial, industrial or storage purposes, or for an institution, funeral home, mortuary, or similar purposes, and which has a gross floor area aggregating 5,000 square feet or more devoted to such use, indoor or outdoor berths for the off-street loading and unloading of goods and materials shall be provided on the premises in accordance with the following schedule:

Land Use	Floor Area at Which First Berth is Required (Square Feet)	Floor Area at Which Second Berth is Required (Square Feet)
Industrial, manufacturing	5,000	40,000
Laboratory, research or Commercial	5,000	40,000
Retail	15,000	40,000
Personal Service establishments	15,000	40,000
Commercial recreation	15,000	100,000
Restaurant	15,000	25,000
Office buildings	15,000	100,000
Funeral home	20,000	100,000
Institutional, public schools	20,000	100,000
Nursing homes	10,000	100,000

b. Except for required buffer areas, each such loading space may occupy any required side or rear yard but shall not be located in any required front yard. When adjoining a residential use, institutional use or place of general assembly, a screened or landscaped buffer shall be provided.

c. Off-street loading spaces shall not be located within any fire prevention zone, within 25 feet of any fire hydrant or within 10 feet of any stairway, doorway, elevator or other general means of entry to and from a building for the general public, nor shall it block, or in any way interfere, with the free flow of pedestrians from any means of ingress or egress nor shall it interfere with the free flow of pedestrians or vehicles. All such loading spaces shall be appropriately indicated by a sign or other visual communication as to said location.

d. All loading and unloading shall be conducted entirely within the boundaries of the lot concerned, and no vehicle or conveyance shall, in any manner, use public streets, sidewalks or rights-of-way for loading or unloading operations other than ingress or egress to the lot.

§ 35-804.3 Performance of Facilities.

[Ord. No. 97-29 § 804C]

No required open space in any off-street parking or off-street loading facility shall be encroached upon by buildings, storage or any other use; nor shall the required number of parking spaces or loading berths be reduced, except upon formal approval of the Planning Board and then only after proof that by reason of diminution in the floor area, seating capacity, or change in other factors controlling the regulations of the number of parking spaces or loading berths, the proposed reduction is reasonable and consistent with the public convenience and safety.

§ 35-804.4 Location and Improvement of Required Parking and Loading Facilities.

[Ord. No. 97-29 § 804D; Ord. No. 99-11 § 1; Ord. No. 05-06 §§ 2, 3, 4; Ord. No. 10-24 § 37; Ord. No. 11-08 § 4]

a. Parking.

1. The off-street parking facilities required for the uses mentioned in Schedule C[1] and for other similar uses, shall be on the same lot or parcel of land as the building or use they are intended to serve unless adequate nearby facilities have been approved by the Planning Board pursuant to subsection 35-804.5.

[1] Editor's Note: Schedule C may be found as an attachment to this Chapter.

2. Required off-street parking facilities shall not be located in any front yard, except that in residence districts, the off-street parking space required for single- and two-family dwellings may be located in a private driveway or accessory garage. Parking areas and driveways accessory to single- and two-family dwellings shall not occupy more than 30% of the front yard area and shall not be located closer to a side or rear property line than 15 feet in the R-40 zone, 10 feet in the R-20 zone, five feet in the R-10 zone and three feet in the R-9 and R-7.5 zones. There shall be only one driveway opening to a street, which shall have a minimum width of 10 feet and a maximum width of 20 feet, unless the lot has a frontage of at least 120 feet, in which case there may be no more than two such openings. There shall be a minimum distance between driveway openings on the same lot of 75 feet. A two-family attached dwelling (side-by-side) may have one driveway opening per unit, not exceeding 12 feet in width with a minimum distance of 20 feet between driveway openings.

3. In the R-MF and R-RMF Residence Districts, off-street parking shall be for the sole use of tenants and guests; 25% more spaces than is required by this section may be constructed, provided that in any case, except in the R-RMF district, not less than one space per dwelling unit shall be located in an accessory garage or within the basement of the dwellings and the remaining spaces shall be located in parking areas on the same lot.

4. For all other types of uses and buildings in all districts the required space shall be provided in parking garages or parking areas or in a combination of both types of facility.

5. Garages constructed below grade level will not be permitted unless provided with a positive gravity drainage system and sloped away from the house for a minimum distance of 15 feet or provided with a drainage system designed by a professional engineer to collect the contributing area runoff for a 100-year storm event or the volume of runoff from a three-inch rainfall, whichever is greater. Soil tests must be conducted to substantiate the design of the system. The use of mechanical pumps will not be permitted for the draining of storm water from a below grade garage without the installation of a backup power source for the pumps.

b. The off-street loading facilities required for the uses mentioned in Schedule C, and for other similar uses, shall be on the same lot or parcel of land as the building or use they are intended to serve. In no case shall the required off-street loading space be part of the area used to satisfy the off-street requirements of this chapter.

c. All off-street parking facilities, except for one- and two-family dwellings, and loading facilities not within a building and required by this section shall be paved, marked, drained, lighted, landscaped and maintained by the owner or lessee in accordance with specifications of the Borough, and such facilities shall be arranged for convenient access and safety of pedestrians and vehicles. Such facilities shall have adequate means of access to and egress from a public street. Lighting installations shall be arranged so as to avoid reflection and glare into an abutting or opposite residence district.

d. In all multi-family and nonresidential zones, the paved surface of a driveway, aisle or parking space in a parking area shall not extend nearer than three feet to any property line unless waived by the Planning Board.

e. Shared Parking. Adjacent lots in all commercial zoning districts may, in conjunction with securing site plan approval, enter into shared parking arrangements. Such shared parking shall be considered a permitted, accessory use in all commercial, industrial, or office zones. The integration of traffic flow for such shared parking shall be reviewed and approved by the relevant land use board and shall be memorialized in a permanent easement, which instrument shall be recorded with the relevant recording agency.

The appropriate Board shall apply the standards set forth herein for site plans and shall ensure that the shared parking arrangement makes adequate provision for ingress, egress, emergency access and circulation of traffic, as well as for adequate and safe pedestrian access and use. All uses on each site shall be considered when assessing the adequacy of such proposed parking arrangements. Any change in any such use shall require either site plan approval, or a waiver thereof.

When two such adjacent lots employ such shared parking arrangements, the yard, buffer and setback provisions of this chapter otherwise applicable to such parking arrangements shall not apply to the common property line.

§ 35-804.5 Location of Off-Street Parking; Exception.

[Ord. No. 97-29 § 804E]

When practical difficulties prevent the establishment of off-street parking facilities upon the same lot with the use of the building to be served, as required by this section, the Planning Board may, after public hearing and notice and subject to appropriate conditions, permit the following exception:

a. Location on Another Lot. Required off-street parking facilities, except for dwellings, may be established on another lot in a business, commercial, industrial or open district provided such facilities shall be situated no more than 400 feet in a business district or more than 500 feet in any other district from the building or premises to which such facilities are appurtenant; and provided that such off-street parking facilities and access ways shall be reserved for such use by deed covenants or agreements which subject their control to the Borough under conditions approved by the Planning Board and the Borough Attorney. Conditions and safeguards may include, among others, the installation and regulation of lighting and the prevention of glare to abutting property, determination of the location and adequacy of entrances and exits to a street, provision of planting and fencing and operating arrangements.

§ 35-804.6 Permitted Use of Recreational Vehicles.

[Ord. No. 97-29 § 804F; Ord. No. 10-24 § 38]

It shall be unlawful for any person to park or store any recreational vehicle as defined in this chapter on any property in the Borough of Tenafly except as follows:

a. In certain specified places in a residential zone or on nonconforming residential premises as follows:

1. Within an enclosed building conforming with all provisions, restrictions and regulations of Article VIII, Zoning Regulations.

2. In the rear yard only, provided the recreational vehicle shall:

(a) Be located no closer than three feet to the principal structure on the lot.

(b) Be screened from adjacent lots and streets by a solid fence, wall, door, gate, shrubbery or hedge, not to exceed six feet in height and in conformance with the fence regulations of Article VIII, Zoning Regulations. Any door, gate or other enclosure to a garage or parking space which enclosure provides screening from adjacent lots or streets for any vehicle or equipment parked therein shall be kept closed except when opening such enclosure is necessary to obtain access on the parking area. Any fence or wall shall have the least objectionable side facing the adjacent property or the street. A fence shall be 65% solid. Shrubbery shall be at least six feet high and planted at sufficiently close intervals to provide immediate effective screening throughout the year (evergreen).

(c) Not exceed 31 feet in length and nine feet six inches in height except an additional 12 inches permitted for vents and air conditioning units.

(d) In a side yard only in cases where a variance pursuant to N.J.S.A. 40:55D-70(d) is granted by the Board of Adjustment; provided, however, that if parked in a side yard the limitations set forth in paragraph 2a, b and c above concerning rear yards shall also apply; provided further, however, that in the case of a corner lot no portion of the recreational vehicle or the screening provided therefor shall be closer to the street than the setback requirements of this chapter for principal buildings.

b. In a commercial or industrial zone as follows:

1. The owner of the property or his authorized agent shall submit a plan to the Secretary of the Planning Board for site review showing the location and use of all buildings or structures on the lot and indicating the area where the recreational vehicle shall be parked or stored. The plan must comply with all requirements of Article VIII, Zoning Regulations. The fee shall be $5 per vehicle for such approval in lieu of the normal site plan application fee.

2. In reviewing the plan the Planning Board shall give due consideration to the location of existing buildings and structures, the proposed location of the recreational vehicles, the provision of adequate light, air, access and egress, the appropriate fire protection and adequate safety conditions.

3. The Planning Board shall render a decision within 45 days after receipt by the Board's Secretary.

c. Prohibited Uses. Notwithstanding the locations set forth in paragraph a of this subsection, the following uses are prohibited:

1. No parked or stored recreational vehicle as defined herein shall be occupied or used for human habitation including but not limited to sleeping, eating, resting or conducting business.

2. No parked or stored recreational vehicle as defined herein which does not carry a valid current year's license and/or registration or which is in a state of external, visible disrepair or partial construction shall be parked or stored in any zone unless it is stored within a completely enclosed building which conforms with all the regulations of Article VIII, Zoning Regulations.

3. No recreational vehicle shall have fixed connections to electricity, water, gas or sanitary sewer facilities.

4. No more than one recreational vehicle shall be stored on a single lot in a residential zone outside a completely enclosed building which conforms with all the regulations of Article VIII, Zoning Regulations.

d. Permit Procedure. No recreational vehicles shall be parked or stored on any property under the provisions of this chapter unless the owner of the property shall have received in advance a written permit from the Zoning Officer of the Borough. The written permit shall be renewable annually upon submission of proof of the current year's license or registration. Every permit shall expire on the next succeeding May 30 after issuance. An application for a renewal permit shall be made within 60 days of the expiration of the prior permit.

e. If relief is required from any restriction imposed by virtue of this section, application may be made to the Board of Adjustment for a variance which when granted shall not run in perpetuity with the land but shall lapse if:

1. The owner shall fail for a period of one year to maintain a permit for a vehicle located at that site, or

2. The ownership of the property shall be transferred, leased or released to a different tenant.

§ 35-804.7 Mobile Homes Prohibited.

[Ord. No. 10-24 § 39]

No mobile home shall be permitted in the Borough of Tenafly.

§ 35-805 CONDITIONAL USES.

§ 35-805.1 Application Procedures.

[Ord. No. 97-29 § 805A]

Pursuant to P.L. 1975, c. 291, the Planning Board may grant conditional uses wherever permitted in this chapter unless a variance from a conditional use requirement is needed, in which case the Board of Adjustment shall have jurisdiction. Application for a conditional use shall be made in accordance with the procedures set forth in Article VII, Subdivision and Site Plan Review, for preliminary subdivision plat approval, and the Planning Board shall act on the application in accordance with the procedures for preliminary subdivision plat approval. Application for a conditional use shall be granted if the same will not be detrimental to the health, safety and general welfare of the community, is not likely to involve unusual risks of traffic safety or traffic congestion, and is reasonably necessary for the convenience of the community. Requirements for conditional uses provided for in this chapter shall be as follows.

§ 35-805.2 Places of Worship.

[Ord. No. 97-29 § 805B; Ord. No. 10-24 § 40]

a. Such uses shall be located on a minimum lot area of two acres.

b. Accessory uses permitted include a related school, office, social hall, parish house, convent, monastery or similar related facility.

c. No building shall be located within 50 feet of a property line.

d. Maximum building coverage shall not exceed 20% of the lot.

e. Maximum impervious coverage shall not exceed 50% of the lot.

f. Except as provided in subsection 35-802.13, no building shall exceed a height of 2 1/2 stories and 35 feet.

g. No parking shall be located in a front yard. Parking shall otherwise be located at least 25 feet from a side or rear property line.

h. A minimum buffer width of 25 feet shall be established and maintained to all lot lines.

i. All vehicular entrances and exits shall be clearly visible from the street, and pedestrian crossing shall be clearly marked.

j. All passenger loading and unloading areas shall be located to avoid safety hazards from vehicular traffic, and adequate walkways shall be provided.

k. Shall be required to have one parking space for each 10 seats in the Chapel, plus one for each 100 square feet of gross floor area.

§ 35-805.3 Private Recreation Clubhouse.

[Ord. No. 97-29 § 805C]

a. Such use may include dining facilities and related indoor and outdoor recreational facilities, such as tennis courts, swimming pools, golf courses and the like.

b. No building shall be located within 100 feet of a property line. If a property contains both a clubhouse and a golf course, there shall be a minimum lot area of 75 acres and no building shall be located within 30 feet of a property line.

c. Building shall not cover more than 12 1/2% of the lot.

d. No building shall exceed a height of 2 1/2 stories and 35 feet.

e. No parking shall be located in a front yard. Parking shall otherwise be located at least 25 feet from a property line.

§ 35-805.4 Community Residences for the Developmentally Disabled and Community Shelters for Victims of Domestic Violence Housing More Than Six Persons Excluding Resident Staff.

[Ord. No. 97-29 § 805D]

a. A community residence or shelter shall be located at a distance of no less than 1,500 feet from any other existing community residence or shelter.

b. The maximum number of persons resident in existing community residence or shelters exclusive of residential staff within the Borough shall be no more than 50 or 5/10 of 1% of the population of the Borough, whichever is greater.

c. One on-site parking space shall be provided for every staff member and one additional parking space shall be provided for every four persons living in the community residence or shelter.

d. All required parking shall be located to the rear of the front setback line of the lot on which the community residence or shelter is located.

e. The residence or shelter shall comply with all lot area, lot width, lot coverage, front yard, side yard, rear yard, and height limitations for the zone district in which it is located.

f. No more than 15 persons, exclusive of the resident staff, shall be housed in a single residence or shelter located in any residence zone.

g. All required State licenses and certifications shall be renewed annually and evidence of such renewals shall be filed with the Borough Clerk.

§ 35-805.5 Automobile/Vehicle Service Station, Public Garages and Car Wash Facilities.

[Ord. No. 97-29 § 805E; Ord. No. 10-24 § 41]

a. No building, accessory use or structure, nor appurtenances for any such use shall be erected or located within 100 feet of any boundary line of a residence district, of a school, place of worship, funeral home, theater, library or any place of public assembly.

b. Vehicular access to or exit from an automobile/vehicle service station shall not be closer to the intersection of any two streets than 50 feet, nor shall any such access drive be located within 300 feet of any boundary line of any residence district or residential use, school, place of worship, funeral home, theater, library or any place of public assembly.

c. No gasoline pump shall be erected or located within 25 feet of any property line; no oil pump, oiling or greasing mechanism nor other service appliance shall be located within 15 feet of any street line.

d. A five foot landscaping strip shall be provided along the front property line.

e. No such use shall be conducted except with provision for rendering all services on the premises. Only temporary parking incidental to the business of an automobile/vehicle service station shall be permitted on the premises. The retail sale of gasoline and oil for motor vehicles, including minor services commonly incidental thereto, may be conducted outside a building on the same lot.

f. No outdoor hydraulic or mechanical lifts shall be permitted. All vehicle repair and service work, inclusive of lubricants and washing but exclusive of incidental repair, and all vehicle storage shall be done within completely enclosed buildings.

g. A solid wall of not more than 25% unobstructed and open, at least six feet, but no more than six feet, six inches in height above the grade of the land shall be required for any abutting residence district. Such wall or fence shall be on the nonresidential side. In the case of off-street parking areas, however, such wall or fence may be located within the buffer strip but shall be at least five feet from the abutting residence district. In addition the buffer strip planting required shall be located in the buffer strip on the residential side of such wall or fence.

§ 35-805.6 Nursing Home.

[Ord. No. 97-29 § 805G; Ord. No. 10-24 § 42]

a. There shall be a minimum lot area of 40,000 square feet.

b. There shall be a minimum front yard of 35 feet, minimum side yards, each side 35 feet and a minimum rear yard of 35 feet. No parking shall be allowed in any front yard areas.

c. The applicant shall show approval by the New Jersey Department of Institutions and Agencies having jurisdiction for the State of New Jersey over such facility and establish compliance with the minimum standards of the Department of Housing and Urban Development or the New Jersey Department of Institutions and Agencies whichever is the greater.

d. The applicant shall demonstrate compliance with all Federal, State and municipal laws and ordinances.

e. Density for nursing homes shall not exceed 60 beds per acre.

f. Permitted accessory uses for nursing homes shall include those uses which are customarily associated with elderly housing facilities, such as personal services and small gift and necessity shops solely for use of the nursing home residents or their visitors.

§ 35-805.7 Cemetery.

[Ord. No. 97-29 § 805H]

a. Mausoleums shall not exceed 35 feet in height and shall meet the following minimum setbacks:

1. One hundred fifty feet from a street right-of-way.

2. Two hundred feet from a residential district.

3. One hundred feet from a nonresidential district.

b. Office and maintenance buildings shall not exceed 20 feet in height and shall be located at least 100 feet from a property line.

c. Family mausoleums shall not exceed 15 feet in height and shall be located at least 50 feet from a property line.

d. Tombstones and monuments shall not exceed four feet in height and shall be located at least 10 feet from a property line.

e. Mausoleums and other buildings shall not cover more than 10% of the lot area.

§ 35-805.8 Dwelling for Watchman or Caretaker.

[Ord. No. 97-29 § 805I; Ord. No. 13-20 § 1]

A dwelling for a watchman or caretaker, including the family of that person, is permitted in connection with a P District use provided all setback requirements of the R-10 District are met.

§ 35-805.9 Drive-Up Banks.

[Ord. No. 05-24 § 2]

Drive-up banks shall be permitted in the C zone after the following requirements are met:

a. Minimum lot area: one acre.

b. Minimum lot frontage: 150 feet for each street frontage.

c. Maximum building height: one story and 28 feet.

d. Maximum lot coverage: 15%.

e. Maximum impervious coverage: 75%.

f. Minimum front yard setback: 35 feet.

g. Minimum side yard setback: 20 feet.

h. Minimum rear yard setback: 20 feet.

i. Drive-up locations shall be limited to no more than three lanes, each designed to serve one customer at a time.

j. No part of the parking lot is permitted within 15 feet any lot line or within 25 feet of any adjoining residential lot and/or residential zone.

k. A minimum landscape buffer area of 10 feet along the property lines shall be provided. Such buffer shall consist of a landscaped planted area with shrubs, evergreen trees not less than six feet high when planted, and shade trees at a maximum spacing of 30 feet from each other.

§ 35-805.10 Automobile Repair Facility.

[Ord. No. 04-26 § 6]

a. Automobile repair facilities, including automobile body collision repair and automobile painting, may be permitted as a conditional use in the zoning districts specified, provided that the lot, use and structures shall adhere to the minimum area, yard and building requirements of the particular district and subject to the following additional conditions:

1. No outdoor drainage pits or hydraulic lifts shall be permitted.

2. All repairs shall be performed in a fully enclosed building.

3. No part of the parking lot is permitted within the required front yard area or within 25 feet of any adjoining residential lot and/or residential zone.

4. A minimum landscape buffer area of 10 feet along the property lines shall be provided. Such buffer shall consist of a landscaped planted area with shrubs, evergreen trees not less than six feet high when planted, and shade trees at a maximum spacing of 30 feet from each other.

5. If gas pumps or a car wash are proposed to serve as an accessory use to the automobile repair facility but not to be available to serve the public, subsection 35-805.5, referring to Gasoline Service Stations, Public Garages and Car Wash Facilities, shall be applicable to automobile repair facilities.

6. The storage of junked or dilapidated vehicles on the site shall not be permitted.

§ 35-805.11 Retail Firearm Sales.

[Added 11-9-2021 by Ord. No. 21-21]

a. Retail firearms sale may be permitted as a conditional use in the C, Commercial District, B-1, Business District, B-2, Business District, M-I, Industrial District, or SR/B, Senior Residence/Business District, provided the standards of Subsection 35-802.6, Requirements to Be Met on Lot and Within Zone District, are met within the coordinating zone requested and subject to the following conditions:

1. The subject, conditionally zoned premise is not within a 1,000-foot radius of any building housing one or more of the following:

(a) Nursery schools or preschools;

(b) Public or private elementary, middle and high schools;

(c) Child, adult or special needs day-care centers;

(d) Assisted-living facilities and/or nursing homes;

(e) Community housing for developmentally disabled and/or differently abled residents;

(f) Shelters for victims of domestic violence and/or sexual abuse;

(g) Funeral homes;

(h) Municipal passive and active open space facilities;

(i) Other gun and firearm dealers; or

(j) Establishments in which alcoholic beverage are sold for consumption on the premises.

2. That the applicant possesses, in current form, all of the firearm dealer licenses required by federal and state law;

3. That the applicant has been informed that, in addition to a conditional use permit, the applicant is required to obtain a firearms dealer license issued by the State of New Jersey before any sale activity can commence, and that information regarding how such license may be obtained has been provided to the applicant;

4. That the subject premises is in full compliance with the requirements of the Borough of Tenafly applicable building codes, fire code, and other technical codes and regulations which govern the use, occupancy, maintenance, safety, construction, and/or design of the building or structure; and

5. That the applicant has provided sufficient detail regarding the intended compliance with the relevant federal and New Jersey laws and rules for building security and for the safe storage and handling of firearms and ammunition to be stored, sold, traded, promulgated, advertised, and/or disposed of at the subject place of business.

b. Retail firearms sale may be permitted as a conditional use in the CA-C Commercial Antenna Compost District, provided the standards of Subsection 35-802.6, Requirements to Be Met on Lot and Within Zone District, are met within the coordinating zone requested and subject to the following conditions:

1. The subject, conditionally zoned premise shall be surrounded by a perimeter buffer consisting of plantings, fence, or other physical divider along the outside of the perimeter sufficient to impede the view of the interior of the premises in which the business is located;

2. That the applicant possesses, in current form, all of the firearm dealer licenses required by federal and state law;

3. That the applicant has been informed that, in addition to a conditional use permit, the applicant is required to obtain a firearms dealer license issued by the State of New Jersey before any sale activity can commence, and that information regarding how such license may be obtained has been provided to the applicant;

4. That the subject premises is in full compliance with the requirements of the Borough of Tenafly applicable building codes, fire code, and other technical codes and regulations which govern the use, occupancy, maintenance, safety, construction, and/or design of the building or structure; and

5. That the applicant has provided sufficient detail regarding the intended compliance with the relevant federal and New Jersey laws and rules for building security and for the safe storage and handling of firearms and ammunition to be stored, sold, traded, promulgated, advertised, and/or disposed of at the subject place of business.

§ 35-806 R-MF AND R-RMF DISTRICTS; ADDITIONAL PROVISIONS APPLICABLE TO GARDEN APARTMENTS AND TOWNHOUSES.

[Ord. No. 97-29 § 806]

In addition to the requirements contained in Schedule B, Area and Bulk Regulations[1] the provisions below shall apply to garden apartments and townhouses in the R-MF and R-RMF Districts.

a. Projects including more than one principal building are permitted subject to a minimum distance between fronts of buildings of 30 feet and a minimum distance between ends of buildings of 15 feet.

b. Maximum density for garden apartments shall be 10 units per acre of site area and for townhouses six units per acre of site area.

c. No court shall be enclosed on more than three sides or shall be less than 50 feet in width.

d. No portion of an attic or basement in a garden apartment or townhouse shall be used or occupied for dwelling purposes, except that not more than one dwelling unit in a garden apartment project may be provided in a basement for the building superintendent and his family or for other employees of the owner, only when employed on the premises.

e. There shall be no more than six dwelling units in an unbroken building line for garden apartments, or four for townhouses, with a setback of at least four feet deemed to be a satisfactory break in the building line.

f. Usable open space shall be provided on the site developed with active or passive recreation facilities for the use in common of the residents of the site, equal to at least 10% of the site area.

g. Whenever the side or rear line abuts another residence district, a buffer strip shall be provided at least 10 feet in depth in addition to the yards otherwise required, planted and maintained with evergreen shrubbery at least four feet in height or other suitable planting approved by the Planning Board to provide an effective visual screen.

h. No parking is permitted within the required front yard or within the required buffer strip, although access driveways are permitted to go through a buffer strip. Parking spaces and driveways shall be separated from buildings by a minimum of five feet, except where parking is under a building.

i. In the R-RMF District, projections from existing buildings to permit architectural embellishments, ramps, terraces or balconies may be allowed as part of the site plan approval provided that substantial changes to the facade shall not be permitted.

[1] Editor's Note: Schedule B may be found as an attachment to this Chapter.

§ 35-807 PRESERVATION OF HISTORIC LANDMARKS.

§ 35-807.1 Findings.

[Ord. No. 97-29 § 807 Preamble]

This section is adopted to safeguard the heritage of Tenafly, preserving the elements of its cultural, social, economic and architectural history.

The character, lifestyle and quality of life in Tenafly depend in great measure on Tenafly's heritage and the ongoing presence of historic landmarks is an essential element of municipal character and identity.

Historic landmarks are a factor in the economy of the municipality and the property values therein, and such landmarks are a concern for the community and a source of civic pride.

Such landmarks are vital to the education and civic awareness of Tenafly's citizens.

Historic landmarks serve to unite past, present and future generations, and the welfare of Tenafly is dependent upon the preservation of its historic heritage.

§ 35-807.2 Historic Preservation Commission.

[Ord. No. 97-29 § 807A]

This section supplements Ordinance No. 88-2[1] which created an Historic Preservation Commission, and amends Ordinance No. 90-15 in its entirety.

[1] Editor's Note: See Section 2-57 Historic Preservation Commission, Ordinance No. 90-15 was amended in its entirety by Ordinance No. 97-29.

§ 35-807.3 Statutory Authority.

[Ord. No. 97-29 § 807B]

The Legislature of the State of New Jersey has in N.J.S.A. 40:55D-1 et seq. as amended, delegated the responsibility to local units of government to adopt regulations designed to promote the protection of certain architecturally, historically and archaeologically significant structures, sites or districts for the general welfare of its citizenry.

§ 35-807.4 Purpose and Objectives.

[Ord. No. 97-29 § 807C]

The Borough of Tenafly recognized that it has areas, places and structures of historic, archaeological and architectural significance. It is in the interest of the general welfare to preserve these areas, places and structures and to insure that new development is compatible and relevant with these areas, places and structures. This section will achieve these purposes and objectives and will promote the preservation of the environment, promote a desirable visual environment through creative development techniques and good civic design and arrangements, provide community education, prevent the degradation of the environment through improper use of land and promote the most appropriate use of land in the Borough.

§ 35-807.5 Definitions.

[Ord. No. 97-29 § 807D; Ord. No. 10-24 § 43]

For purposes of this section the following terms shall have the meaning ascribed to them below.

CERTIFICATE OF APPROPRIATENESS

Shall mean a document issued by the Historic Preservation Commission following a prescribed series of hearings and review procedures, certifying that the proposed actions by an applicant are found to be acceptable in terms of design criteria as set forth herein relating to the individual site, structure or building, or other historic landmark as a whole. See subsection 35-807.8.

MAJOR APPLICATION

Shall mean any application for the demolition or the removal of an historic site or any part thereof; or an addition thereto; or the construction of a new structure on an historic site; or will substantially affect those characteristics of the historic site listed on its historic site designation; or, in the case of a structure within an historic district, will substantially affect the characteristics of the district listed on the district's historic site designation.

MINOR APPLICATION

Shall mean any application for a Certificate of Appropriateness which is not a major application. Matters covered by a minor application shall be determined by the Historic Preservation Commission to the provision of this chapter.

UNDUE HARDSHIP

Shall mean as it pertains to applications for Certificates of Appropriateness for work done to structures or sites designated as having historic significance:

a. Commercial property (including a property rented for residential use): the inability of the applicant to realize a reasonable return on the property without the proposed work.

b. Charitable nonprofit property (exempt from local property taxes): the inability of the applicant to carry out such purpose without the proposed work.

c. Owner-occupied residential property: the inability of the applicant to continue owner-occupied residential use without the proposed work.

§ 35-807.6 Enforcement.

[Ord. No. 97-29 § 807E]

The Historic Preservation Commission established pursuant to Ordinance No. 88-2[1] shall enforce the provisions of this section.

[1] Editor's Note: See Section 2-57 Historic Preservation Commission. Ordinance No. 90-15 was amended in its entirety by Ordinance No. 97-29.

§ 35-807.7 Designation of Landmarks and Historic District.

[Ord. No. 97-29 § 807F]

a. Preparation of Survey. Based on the survey or upon recommendation of concerned citizens, the Historic Preservation Commission shall document the importance and historical significance to the Borough, State and Nation of each landmark designation in terms of the purpose and criteria set forth in this section. Thereafter, the Historic Preservation Commission, by certified mail, shall:

1. Notify each owner that his property has been nominated to be designated an historic landmark.

2. Advise each owner of the significance and consequences of such nomination and advise him of his opportunities and rights to challenge or contest such designation.

b. Public Hearings. The Historic Preservation Commission shall, as soon as practicable, make public a complete list and map of the nominated designated landmarks specifying the locations, boundaries and popular names thereof. In designating any landmark the Historic Preservation Committee may determine and so specifically designate certain buildings or structures as noncontributing to the landmark. The tentative list and map shall thereafter be submitted at a public hearing to the examination and criticism of the public. Interested persons shall be entitled to present their opinions, suggestions, and objections at this public hearing. A list and map showing proposed historic landmarks shall be published, together with a notice of the hearing on same, in the official newspaper not less than 10 days prior to such hearing.

c. Final Decision by Commission. After full consideration of the evidence brought forth at the special hearing, the Historic Preservation Commission shall make its final decisions on the designations and shall issue its final report to the public stating reasons in support of its actions with respect to each landmark designation.

d. Submission of List to Borough Clerk and Planning Board. The list of landmarks shall be submitted thereafter to the Secretary of the Planning Board and to the Borough Clerk. Prior to adoption of the ordinance adopting the designation list, the Governing Body shall refer same to the Planning Board for recommendations. The Governing Body shall then consider whether to adopt the designation list and zoning map by ordinance. Once adopted, the designation list and zoning map may be amended in the same manner in which it was initially adopted.

e. Distribution of Designation List and Zoning Map. Copies of the landmarks designation list and zoning map, as adopted, shall be made public and distributed to all municipal agencies reviewing development applications and all building and housing permits. A certificate of designation shall be served by certified mail upon the owner of each site included in the final list.

f. Placement of Plaques. Each designated landmark may be marked by an appropriate plaque which shall be in such form as the Historic Preservation Commission shall promulgate by regulation.

g. Criteria for Designation of a Landmark. In considering an individual site, building or structure or district that is of particular historical, archaeological, scenic or architectural significance to the Borough of Tenafly, the County of Bergen, the State of New Jersey or to the Nation which reflects or exemplifies the board cultural, political, scenic, economic or social history of the Nation, State or locality, the Historic Preservation Commission shall give consideration to the following criteria:

1. That it is associated with events that have made a significant contribution to the broad patterns of history and/or that it is associated with the lives of persons significant in our past; and/or

2. That it embodies the distinctive characteristics of a type, period, or method of construction or that it represents the work of a master; or that it possesses high artistic values; or that it represents a significant and distinguishable entity whose components may lack individual distinction; and/or

3. That it has yielded, or may be likely to yield, information important in pre-history or history.

4. Ordinarily cemeteries, birthplaces or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years shall not be considered eligible for designation as a landmark. However, such properties will qualify if they are integral parts of landmarks that do meet the criteria or if they fall within the following categories:

(a) A religious property deriving primary significance from architectural or artistic distinction or historical importance; or

(b) A building or structure removed from its original location but which is significant primarily for architectural value, or which is the surviving structure most importantly associated with a historic person or event; or

(c) A birthplace or grave of an historical figure of outstanding importance if there is no other appropriate site or building associated with his productive life; or

(d) A cemetery that derives its primary significance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events; or

(e) A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of the restoration master plan; and when no other building or structure with the same association has survived; or

(f) A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own historical significance; or

(g) A property achieving significance within the past 50 years if it is of exceptional importance.

§ 35-807.8 Certificate of Appropriateness.

[Ord. No. 97-29 § 807G]

a. Actions Requiring a Certificate of Appropriateness. A Certificate of Appropriateness issued by the Historic Preservation Commission shall be required before a permit is issued for any of the following, or, in the event no other type of permit is otherwise required, before any work can commence on any of the following activities on the property of any historic landmark:

1. Demolition of a landmark or of any improvement within any landmark district.

2. Relocation of any landmark or of any improvement within any landmark district.

3. Change in the exterior appearance of any existing landmark of any improvement within any landmark district by addition, alteration or replacement.

4. Any new construction, alteration, repair or remodeling of a principal or accessory structure of any landmark.

5. The subdivision or resubdivision of any landmark within any landmark district.

6. Changes in or addition of new signs or exterior lighting, except that no Certificate of Appropriateness shall be required for one unlit sign per premises if the surface area of such sign does not exceed 1 1/2 square feet.

b. Actions Not Requiring a Certificate of Appropriateness.

1. Any new construction, alteration, replacement or remodeling of the interior of a structure does not require a Certificate of Appropriateness, except:

(a) For any publicly-owned building; or

(b) When the interior arrangements would have an impact on the exterior of the building.

2. Minor applications for noncontributory structures do not require a Certificate of Appropriateness.

§ 35-807.9 Applications for Certificate of Appropriateness.

[Ord. No. 97-29 § 807H]

a. Application Procedure.

1. Application for a Certificate of Appropriateness shall be made on forms determined by the Historic Preservation Commission and available from the Zoning Officer of the Borough of Tenafly. Completed applications shall be delivered to the Zoning Officer at the Municipal Center, 100 Riveredge Road, Tenafly, New Jersey 07670.

2. The Zoning Official shall make a determination whether a Certificate of Appropriateness is required pursuant to the criteria established herein.

3. If the Zoning Official determines that a Certificate of Appropriateness is required, the Zoning Official shall make a determination whether the application is a minor application or a major application.

4. If the Zoning Official determines that the application is a minor application, the Zoning Official will notify the Chairman of the Historic Preservation Commission of the application and the determination that the application is a minor application, and the Zoning Official shall request that the notice and public hearing requirements be waived, and that the Certificate of Appropriateness be issued forthwith. If the Chairman of the Historic Preservation Commission agrees that the application is a minor application, the Chairman will advise the Construction Official within 10 days of the application, and the Zoning Official will issue the Certificate of Appropriateness forthwith. If the Chairman of the Historic Preservation Commission determines that the application is a major application, the Chairman shall so notify the Zoning Official of this determination in writing within 10 days. The applicant shall be notified in writing by the Zoning Official of the determination that the application has been deemed to be a major application within 10 days after the Zoning Official has been notified by the Chairman. The determination of the Chairman may not be appealed by the Zoning Official. The applicant may appeal the Chairman's determination by requesting a review of the determination by the Historic Preservation Commission at its next regularly scheduled meeting. A simple majority vote of the Commissioners present at the meeting will determine whether the application is a major or minor application, and the Zoning Official will be notified in writing by the Secretary of the Historic Preservation Commission of its determination within 10 days of the meeting. The Chairman of the Historic Preservation Commission will report to the Historic Preservation Commission all of the Certificates of Appropriateness granted for minor applications at the next meeting immediately following said grant of the Certificate of Appropriateness.

5. If the Zoning Official determines that the application is a major application, or if the Chairman of the Historic Preservation Commission or the Historic Preservation Commission determines that the application is a major application, the applicant shall apply for a Certificate of Appropriateness pursuant to subsection 35-807.9b of this Ordinance. The applicant may appeal the Zoning Official's determination to the Chairman of the Historic Preservation Commission, as per subsection 35-807.9a4.

b. Application Information and Supporting Documents. Applications for a Certificate of Appropriateness shall include the following:

1. All forms completed by the applicant.

2. A certificate that all property owners within 200 feet of the lot line of the landmark property in question have been sent legal notice of the application by certified mail with a return receipt requested not less than 10 days before it is to be heard.

3. Proof of publication of a notice of the application in the official newspaper not less than 10 days before it is to be heard.

4. Such exhibits as set forth in the application.

5. Applications for a Certificate of Appropriateness for a minor application shall include the following:

(a) All forms completed by the applicant.

(b) Such exhibits as set forth in the application.

c. Time Frame of Decision by Commission.

1. The Historic Preservation Commission which shall reach a decision on the application within 45 days after the Secretary has declared an application to be complete; otherwise the application shall be deemed to have been approved. Nothing herein shall prohibit an extension of time by mutual agreement of the applicant and the Historic Preservation Commission which may advise the applicant and make recommendations in regard to the appropriateness of proposed action, and may grant approval upon such conditions as it deems appropriate within the intent and purpose of this section.

2. If an application is approved, the Historic Preservation Commission shall forthwith issue a Certificate of Appropriateness. If the Historic Preservation Commission disapproves an application, the Historic Preservation Commission shall state its reasons in writing in resolution form within 10 days of such decision. In case of disapproval, the Historic Preservation Commission shall notify the applicant, in writing, of such resolution of disapproval, and reasons therefore, and provide the applicant with a certified copy thereof. A summary of the Historic Preservation Commission's action shall be published in the official newspaper within 10 days of such action.

3. The Secretary of the Historic Preservation Commission shall forward a copy of the Commission's written action on an application to the Zoning Officer, the Construction Code Official and the Borough Planning Board or Zoning Board of Adjustment (if either body is also reviewing the application) within 10 days of the Commission's decision.

d. Appeal to Commission of Hardship. In the event that the applicant alleges that compliance with the requirements of this section would be an unreasonable hardship and that the nature of his application is such that the change sought neither justifies the time and expense of the plenary proceeding nor will impact negatively on the public good nor specifically on the historic qualities sought to be preserved; the Historic Preservation Commission, by a 2/3 affirmative vote of its full authorized membership, may grant such relief from the requirements of this Section 35-807 as it deems consistent with the public good and the purpose of this chapter.

e. Request for Certificate of Appropriateness for Alteration Creating Negligible Impact. An applicant may allege that a Certificate of Appropriateness should be granted without his fulfilling all of the application requirements set forth herein because the addition or alteration contemplated will not be visible from any place to which the public normally has access and that the addition or alternation cannot adversely affect the public interest and cannot affect an architecturally significant elevation. In that event the Historic Preservation Commission, by a majority vote of its full authorized membership, upon finding that the applicant's claim is accurate, may forthwith grant a Certificate of Appropriateness on that basis.

§ 35-807.10 Standards of Consideration.

[Ord. No. 97-29 § 807I]

In making its determinations and recommendations, the Historic Preservation Commission shall take into consideration specific standards, as set forth below.

a. Demolitions. In regard to an application to demolish a landmark or any improvement within a landmark district, the following matters shall be considered:

1. Its historic, architectural, archeological, cultural and/or scenic significance;

2. Its use;

3. Its importance to the Borough and the extent to which its historical, architectural or archaeological value is such that its removal would be detrimental to the public interest;

4. The extent to which it is of such old, unusual or uncommon design, craftsmanship, texture or material that it could not be reproduced or could be reproduced only with great difficulty;

5. The extent to which its retention would promote the general welfare by maintaining real estate values, generating business, creating new jobs, attracting tourists, students, writer, historians, artists and artisans, attracting new residents, encouraging study and interest in American history, stimulating interest and study in architecture and design, educating citizens in American culture and heritage, or making the Borough a more attractive and desirable place in which to live;

6. If it is within a landmark district, the probable impact of its removal upon the ambience of the landmark district.

b. Removals Out of the Borough. In regard to an application to move an historic landmark to a location outside of the Borough, the following matters shall be considered:

1. The historic loss to the site of the original location;

2. The compelling reasons for not retaining the landmark at its present location;

3. The proximity of the proposed new location to the Borough, including the accessibility to the residents of the Borough and other citizens;

4. The probability of significant damage to the landmark itself, as a result of the move;

5. The applicable matters set forth in subsection 35-807.10a.

c. Removals Within the Borough. In regard to an application to move an historic landmark in a landmark district to a location within the Borough, the following matters shall be considered in addition to the matters set forth in subsection 35-807.10b.

1. The compatibility, nature and character of the current and of the proposed surrounding areas as they relate to the intent and purpose of this section;

2. If the proposed new location is within a landmark district, the visual compatibility factors as set forth in subsection 35-807.10g.

d. Visual Compatibility Considered for Additions or Removals. In regard to an application to move a landmark or structure within a landmark district, or a landmark, a visual compatibility of the proposed structure with the structures and surroundings to which it would be visually related shall be considered in terms of the visual compatibility factors as set forth in subsection 35-807.10g.

e. Considerations on Other Actions. In regard to an application for other approval of any proposed action, as set forth in subsection 35-807.8.

1. If a landmark or a structure in a landmark district is involved:

(a) The impact of the proposed change on its historic and architectural character;

(b) Its importance to the Borough and the extent to which its historic or architectural interest would be adversely affected to the detriment of the public interest; and

(c) The extent to which there would be involvement of textures and materials that could not be reproduced or could be reproduced only with great difficulty.

2. The use of any structure involved.

3. The extent to which the proposed action would adversely affect the public's view of a landmark or structure within a landmark district from a public street.

4. If the application deals with a structure within a landmark district, the impact of the proposed change would have on the character and ambience of the landmark district and the structure's visual compatibility with the buildings, places and structures to which it would be visually related in terms of the visual compatibility factors set forth in subsection 35-807.10g.

f. Additional Matters Considered. In regard to all applications, additional pertinent matters may be considered but in no instance shall interior arrangement be considered except in all publicly-owned buildings and when the interior arrangements would have an impact on the exterior of the building.

g. Visual Compatibility Factors. The following factors shall be used in determining the visual compatibility of a building, structure or appurtenance thereof with the buildings and places to which they are visually related and shall be known as "Visual Compatibility Factors."

1. Height. The height of the proposed building shall be visually compatible with existing or adjacent buildings.

2. Proportion of the Building's Front Facade. The relationship of the width of the building to the height of the front elevation shall be visually compatible with the buildings and places to which it is visually related.

3. Proportion of Openings Within the Facility. The relationship of the width of the windows to the height of the windows in a building shall be visually compatible with the buildings and places to which it is visually related.

4. Rhythm of Solids to Voids on Front Facade. The relationship of solids to voids in the front facade of a building shall be visually compatible with the buildings and places to which it is visually related.

5. Rhythm of Spacing of Buildings on Streets. The relationship of the building to the open space between it and the adjoining buildings shall be visually compatible with the buildings and places to which it is visually related.

6. Rhythm of Entrance and/or Porch Projections. The relationship of the entrance or entrances and the porch projections to the street shall be visually compatible with the buildings and places to which it is visually related.

7. Relationship of Materials, Texture and Color. The relationship of materials, texture and color of the facade and roof of a building shall be visually compatible with the predominant materials used in the buildings to which it is visually related.

8. Roof Shapes. The roof shapes of a building shall be visually compatible with the buildings to which it is visually related.

9. Walls of Continuity. Appurtenance of a building such as walls, open-type fencing, evergreen landscape masses, shall form cohesive walls of enclosure along a street, to the extent necessary to maintain visual compatibility of the building with the buildings and places to which it is visually related.

10. Scale of Building. The size of a building, the mass of a building in relation to open spaces, and to the existing windows, door openings, porches and balconies shall be visually compatible with the existing structure or structures and places to which it is visually related.

11. Directional Expression of Front Facade. A building shall be visually compatible with buildings and places to which it is visually related in its directional character, whether this be vertical character, horizontal character or nondirectional character.

§ 35-807.11 Effect of Certificate of Appropriateness Approval; Denial; Appeal.

[Ord. No. 97-29 § 807J]

a. Approved Certificate of Appropriateness Deemed Positive Recommendation.

1. If a Certificate of Appropriateness has been issued for an application that requires approval of the Planning Board or the Zoning Board of Adjustment, the Certificate of Appropriateness shall be deemed to be a positive recommendation to that body as to the historic preservation aspects of the matter before that body.

2. The Planning Board or Zoning Board of Adjustment may, nevertheless, affirm or deny the application based on the entire record before it, not withstanding the Certificate of Appropriateness as to the historic preservation aspects.

b. Denial of Certificate. If a Certificate of Appropriateness is denied by the Commission notwithstanding any approval by the Planning Board or Board of Adjustment, the Administrative Officer charged with issuing the permit for which the action or development application related shall deny issuance pursuant to N.J.S.A. 40:55D-111.

c. Appeals Relating to a Certificate of Appropriateness. An appeal of the grant or denial of a Certificate of Appropriateness may be had as follows:

1. If the Construction Official refuses to issue a permit based on denial of a Certificate of Appropriateness, written appeal shall be made with the Zoning Board of Adjustment within 20 days after such denial.

2. If the Planning Board or the Zoning Board of Adjustment denies or grants a development application in the course of which it accepts or rejects the recommendation of the Commission, as signified by the denial or issuance of a Certificate of Appropriateness, as the case may be, appeal would lie with the Governing Body of the Borough of Tenafly only in those cases where an appeal exists to the Governing Body from a decision of the Planning Board or the Zoning Board of Adjustment.

d. Right of Judicial Review. Nothing herein shall be deemed to limit the right of judicial review of the municipal action after an appeal is concluded by the Planning Board, the Board of Adjustment or the Governing Body of the Borough of Tenafly as the case may be.

§ 35-807.12 Penalties.

[Ord. No. 97-29 § 807K]

Any person who shall undertake any activity in relation to a landmark or improvement within a landmark district without first having obtained a Certificate of Appropriateness, shall be deemed to be in violation of this section.

a. Service of Notice of Violation. Upon learning of the violation, the Construction Code Official shall personally serve upon the owner of the lot whereon the violation is occurring a notice describing the violation in detail and giving the owner 10 days to abate the violation by restoring the landmark or improvement to its status quo ante. If the owner cannot be personally served within the Borough with the notice, a copy of the notice shall be posted on the site in question and a copy be sent by certified mail, return receipt requested, to the owner at his last known address as it appears on the Borough tax rolls.

b. Issuance of Summons and Complaint. In the event that the violation is not abated within the specified ten-day period following service and/or posting on the site in question whichever is earlier, the Construction Code Official shall cause to be issued a summons and complaint, returnable in the Municipal Court, charging violation of this chapter. Each separate day the violation exists shall be deemed to be a new separate violation of this chapter.

c. Penalties. Any person or persons who violate or who permit, take part or assist in any violation of this section shall for each and every violation thereof, and for each and every day that such violation thereof continues to be subject to a fine of not more than $1,000 or be subject to imprisonment in the municipal or County jail for a period not exceeding 90 days or both in the discretion of the Judge of the Municipal Court before whom such conviction shall be had.

d. Injunctive Relief. In the event that any action which would permanently and/or adversely change the landmark district, such as demolition or removal is about to occur without a Certificate of Appropriateness having been issued, the Construction Code Official is hereby authorized to apply to the Superior Court of New Jersey for such injunctive relief as is necessary to prevent the destruction of any landmark.

§ 35-807.13 Preventive Maintenance.

[Ord. No. 97-29 § 807L]

Recognizing the need for preventive maintenance to insure the continued useful life of landmarks and structures in landmark districts, the Governing Body of the Borough of Tenafly hereby declares that code enforcement in relation to landmarks and structures in landmark districts is a high municipal priority.

a. Deterioration and Service of Notice of Violation. In the event that any landmark or improvement in a landmark district deteriorates to the point that, in the best estimate of the municipal Construction Code Official, the cost of correcting the outstanding code violation equals more than 25% of the cost of replacing the entire improvement on which the violations occur, the Construction Code Official shall serve personally or by certified mail, return receipt requested, a notice on the owner of the landmark listing the violation, the estimate for their abatement, and the replacement cost of the improvement and stating if the owner does not take all necessary remedial action within 90 days, or such extensions of time as the Construction Code Official shall for good cause grant, the Borough may at the expiration of the ninety-day period, enter upon the property in question and abate the violations itself and cause the cost thereof to become a lien on the property.

b. Request for Hearing by Property Owners.

1. Upon receipt of such notice from the Construction Code Official, the owner may, within 10 days after such a receipt, notify the Construction Code Official of his wish to have a hearing as to the allegations and estimates set forth in the Construction Code Official notice. Such hearing shall be conducted by the Planning Board and shall, so far as possible, be a formal adversary proceeding in which the Planning Board shall establish the matters alleged in the notice by a preponderance of the evidence.

2. If the owner does not request a hearing, the procedure set forth in paragraph a of subsection 35-807.13 shall pertain. If a hearing is requested, the Construction Code Official will, within 10 days following the hearing, serve on the owner an opinion of the Planning Board, in writing, setting forth the conclusions and the reasons therefor. Such opinion shall be deemed to be a first notice pursuant to paragraph a of subsection 35-807.13.

c. Violation Abatement by Borough. Thereafter, if the owner of the property in question does not comply, the Construction Code Official may enter onto the premises and by use of municipal labor or outside contractors or both, perform such work as is necessary to abate all violations. All such work shall be in compliance with this section. The Construction Code Official shall then certify to the Governing Body of the Borough of Tenafly the cost of such work, plus all administrative, clerical and legal costs and overhead attributable thereto and shall present same to the Governing Body of the Borough of Tenafly.

The Governing Body may, by resolution, vote to cause the sum so certified to become a lien upon the landmark property in question, payable with the next quarter's property taxes and, if not paid, bearing interest at the same rate as delinquent taxes.

d. Emergent Situations. In the event of a fire, storm, act of God or other disaster which affects a landmark, the municipal official in charge shall contact the Chairman of the Historic Commission, if possible, under the circumstances prior to taking any action with regard to the landmark. Failure of the official to contact the Chairman shall not be considered a violation of this section.

§ 35-807.14 Permit Review.

[Ord. No. 97-29 § 807M]

It shall be the duty of all municipal officials reviewing all permit application involving real property or improvements thereon to determine whether such application involves any activity which should also be the subject of an application for a Certificate of Appropriateness, and if it should, to inform, in writing, both the Secretary of the Commission and the applicant in a timely fashion.

§ 35-808 SWIMMING POOLS AND TENNIS COURTS. [1]

[1] Editor's Note: Section 3 of Ord. No. 99-48 provides as follows: Notification: Prior to the issuance of a building permit for the construction of a water unit or tennis court, the Construction Official shall have received satisfactory evidence that the owners of properties contiguous to the subject premises have been notified in writing by the applicant of the pendency of the application for a building permit for construction of a water unit or tennis court. Any questions by the Construction Official or Borough Engineer (other than variances) regarding the construction, interpretation or enforcement of this section shall be referred to the Planning Board.

§ 35-808.1 Swimming Pools.

[Ord. No. 99-48 § 1; Ord. No. 05-06 §§ 5, 6]

a. Definitions. As used in this section:

FOOTCANDLE

Shall mean a one-foot candle is the amount of illumination provided by one lumen uniformly distributed on one square foot of surface.

JACUZZIS, WHIRLPOOLS, OR HOT TUBS

Shall mean water moving rapidly in an artificially constructed structure permanently or temporarily established or maintained upon any premises by any individual, which has a depth of 24 inches or more and a surface area up to and including 50 square feet. Units larger than 50 square feet shall be considered a swimming pool.

OWNER

Shall apply to any land owner, lessee, tenant or other person occupying or in possession of lands lying within the Borough of Tenafly.

SWIMMING POOLS

Shall mean artificially constructed swimming pools permanently or temporarily established or maintained upon any premises, which has a depth of 24 inches or more and a surface area of more than 50 square feet regardless of whether maintained above ground or below ground level.

WATER UNITS

Shall include swimming pools, Jacuzzis, whirlpools and hot tubs.

b. Procedure. Any owner shall, prior to the construction of any water unit as defined by this section, submit to the Construction Official a plan of the proposed water unit and such other information as may be required in paragraph c.

c. Plan Details. The plan shall be drawn on a map to scale not smaller than one inch equals 20 feet and not larger than one inch equals 10 feet and shall include and show the following information:

1. The name and address of the applicant and the owner and the name, address and title of the person preparing the plan, maps and accompanying data, the date of preparation, and the dates of each revision where applicable. All such plans shall be signed and sealed by a professional engineer or architect licensed to practice in the State of New Jersey.

2. The lot and block number or numbers of the lot or lots from the Borough tax maps; length and bearings of the lot lines of the proposed project.

3. Scale and north sign and key map.

4. The zone district in which the lot is located.

5. The location, names and pavement and right-of-way widths of all existing and proposed streets abutting the lot or lots in question, the property lines of all abutting properties together with the names and addresses of the owners as disclosed on the Borough tax map and tax rolls as of the date of the site plan application, and the location of pools adjacent to the sides and rear of the property in question.

6. All existing buildings and structures and all accessory buildings or structures on the lot, if any, with dimensions showing present and finished grade elevations at all corners.

7. Present and proposed topography based on New Jersey geodetic control survey datum at two feet contour intervals including sufficient distance outside the site to show the relationship to adjoining properties.

8. All existing and proposed setback dimensions, landscape areas, trees of six inch caliper on the site affected by the proposed swimming pool and fencing.

9. Existing and proposed plantings to provide screening for noise, light and glare.

10. Any and all other information and data necessary to meet any of the requirements of this section not listed above.

d. Design Standards. Each plan shall provide the following:

1. All water units shall be located only in the rear yard in all residential districts. The rear yard is determined as follows:

(a) In the case of a corner lot that 1/2 of the lot depth furthest from the fronting street and no nearer the side street line as required for the main building.

(b) In the case of an interior lot that 1/2 of the lot depth furthest from the fronting street.

(c) In the case of a through lot that 1/2 of the lot depth other than that 1/4 of the lot depth nearest each and every street.

2. No water unit shall be located within 15 feet of the rear property line and 20 feet of the side property line. No pool apron, deck, patio, waterfall or other similar associated structures shall be located closer to a side or rear property line than 15 feet in the R-40 zone, 10 feet in the R-20 zone, five feet in the R-10 zone, and three feet in the R-9 and R-7.5 zones.

3. A swimming pool shall be enclosed by a fence in accordance with the Uniform Construction Code as enacted in New Jersey.

4. No owner shall be permitted to construct more than one swimming pool on a single lot.

5. Where any portion of the retaining structure for the water unit is more than three feet above the elevation of the ground measured at the nearest point of the property line of the lot on which the water unit is located, the retaining structure and the ground area intervening between it and the property line shall be terraced and landscaped in a manner approved by the Borough Engineer for swimming pools; and by the Construction Official for all other water units. In reviewing a plan for a water unit, the Borough Engineer or Construction Official, as applicable, shall consider proper drainage of the site and shall minimize the noise level and visual impact of the water unit on adjoining property owners by the installation of landscaping and, if necessary, the reduction in the elevation of the water unit structure. The landscaping shall be approved by the Construction Official or his designee.

6. All filters and other equipment used in connection with the operation of any water units shall be located no closer than 20 feet to any side yard and 15 feet to any rear yard and shall be enclosed or screened to prevent visibility of equipment from any adjacent property and to minimize the amount of noise which may be heard on adjacent properties.

e. Lighting Standards. Each plan shall provide the following:

1. Light standards inclusive of fixtures shall not exceed 12 feet in height above ground level nor shall any light fixture be installed more than 12 feet above ground level.

2. "Glare" is the sensation produced by brightness within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort or loss in visual performance and visibility. "Direct glare" is a glare resulting from insufficiently shielded light sources in the field of view. No direct glare shall be permitted. The lights shall be shielded by louvers, baffles or visors not less than 12 inches to restrict the maximum apex angle of the cone of illumination to 135°. The upper apex of the apex angle shall not exceed 75° from the horizontal. Shielding on one side of the light may also be required.

3. On any adjoining property the total direct and indirect glare measured at a height of three feet above ground level shall not exceed 0.2 of a foot candle. The readings shall be made with a direct reading, portable light meter held towards the source of light which meter shall have been tested and calibrated by an independent commercial photometric laboratory or the manufacturer of the meter within one year prior to the date of use as attested by the laboratory or manufacturer.

4. Lights shall be turned off at 10:30 p.m.

f. Site Improvement. Each plan shall provide the following:

1. Adequate screening and landscaping, including shrubbery, bushes, trees and other plantings to provide protection from noise, light and glare.

2. Standards for grading, drainage and other improvements found necessary shall be provided and approved by the Borough Engineer where applicable. Any off-tract or drainage improvements required as a result of the improvement shall be paid for by the owners under standards described in Article VII, Subdivision and Site Plan Review, of the Land Development Regulations of the Borough of Tenafly. Drainage of all water units shall be permitted only into existing catch basins. A maximum retaining wall height of three feet shall be allowed. Where tiered walls are used, the minimum separation between walls shall be twice the wall height. Landscaping shall be required between the walls.

g. Escrow Deposit. The owner shall deposit $500 to cover the cost of review services provided by the Borough Engineer, which deposit shall be administered in accordance with Section 35-604, Technical Review Escrow Deposits, of the Land Development Regulations of the Borough of Tenafly.

§ 35-808.2 Tennis Courts.

[Ord. No. 99-48 § 2; Ord. No. 05-06 § 7; Ord. No. 10-27]

a. Definitions.

1. The word "court" shall be used to designate any tennis, basketball or sports court or sports platform constructed or to be constructed in any residential zone in the Borough of Tenafly.

2. The word "owner" shall apply to any land owner, lessee, tenant or other person occupying or in possession of lands lying within the Borough of Tenafly.

3. Footcandle - One foot candle is the amount of illumination provided by one lumen uniformly distributed on one square foot of surface.

b. Procedure. Any owner shall, prior to the construction of a court as defined in this section, submit to the Construction Official a plan of the proposed court and such other information required in subsection 35-808.2c below.

c. Plan Details. The plan shall be drawn on a map to scale not smaller than one inch equals 20 feet and not larger than one inch equals 10 feet and shall include and show the following information:

1. The name and address of the applicant and the owner and the name, address and title of the person preparing the plan, maps and accompanying data, the date of preparation, and the dates of each revision where applicable. All plans shall be prepared, signed and sealed by a professional engineer or architect licensed to practice in New Jersey.

2. The lot and block number or numbers of the lot or lots from the Borough tax maps; length and bearings of the lot lines of the lot.

3. Scale and north sign and key map.

4. The zone district in which the lot is located.

5. The location, names and pavement and right-of-way widths of all existing and proposed streets abutting the lot or lots in question, the property lines of all abutting properties together with the names and addresses of the owners as disclosed on the Borough tax map and tax rolls as of the date of the application, and the location of buildings adjacent to the sides and rear of the property in question.

6. All existing buildings and structures and all accessory buildings or structures on the lot, if any, with dimensions showing present and finished grade elevations at all corners.

7. Present and proposed topography based on New Jersey geodetic control survey datum at two feet contour intervals including sufficient distance outside the site to shown the relationship to adjoining properties.

8. All existing and proposed setback dimensions, landscape areas, trees of six inch caliper on the site affected by the proposed swimming pool and fencing.

9. Existing and proposed plantings to provide screening for noise, light and glare.

10. Any and all other information and data necessary to meet any of the requirements of this section not listed above.

d. Design Standards. Each plan shall provide for the following:

1. A court shall be located only in the rear yard in all residential districts. The rear yard is determined as follows:

(a) In the case of a corner lot that 1/2 of the lot depth furthest from the fronting street and no nearer the side street line as required for the main building.

(b) In the case of an interior lot that 1/2 of the lot depth furthest from the fronting street.

(c) In the case of a through lot that 1/2 of the lot depth other than that 1/4 of the lot depth nearest each and every street.

2. No court shall be located within 15 feet of the rear property line and 20 feet of the side property line.

3. The total height of a platform tennis court structure inclusive of screening shall not exceed 15 feet which shall be measured at available mean grade.

4. A tennis court shall be enclosed by a fence which may be erected to a height of 10 feet when said fence is not less than 75% open and unobstructed in a uniform manner.

5. All setbacks required for courts shall be measured from the fence enclosing the tennis court and from the base of fence enclosing a platform tennis court.

6. No owner shall be permitted to construct more than one paddle tennis court or one tennis court.

7. Where any portion of the retaining structure for the court is more than three feet above the elevation of the ground measured at the nearest point of the property line of the lot on which the court is located, the retaining structure and ground area intervening between it and the property line shall be terraced and landscaped in a manner approved by the Board after review and comment by the Borough Engineer. In reviewing the plan, the Construction Official and Borough Engineer shall consider proper drainage of the site and shall minimize the visual impact of the court on adjoining property owners by the installation of landscaping and, if necessary, the reduction in the elevation of the court.

e. Lighting Standards. Each plan shall provide the following:

1. Light standards inclusive of fixtures shall not exceed 25 feet in height above ground level nor shall any light fixture be installed more than 25 feet above ground level.

2. The court surface, nets, net standards, fences, wind screens and all other fixtures related to the court and the use thereof shall be a dark, light-absorbing color.

3. "Glare" is the sensation produced by brightness within the visual field that are sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort or loss in visual performance and visibility. "Direct glare" is a glare resulting from insufficiently shielded light sources in the field of view. "Reflected glare" results from spectral reflection of high brightness in polished or glossy surfaces in the field of view. No direct glare shall be permitted. The lights shall be shielded by louvres, baffles or visors not less than 12 inches to restrict the maximum apex angle of the cone of illumination to one 135°. The upper apex of the apex angle shall not exceed 75° from the horizontal shielding on one side of the light may also be required.

4. On any adjoining property the total direct and indirect glare measured at a height of three feet above ground level shall not exceed 0.2 of a foot candle. The readings shall be made with a direct reading portable light meter held towards the source of light which meter shall have an accuracy of plus or minus 5%. The meter shall have been tested and calibrated by an independent commercials, photometric laboratory or the manufacturer of the meter within one year prior to the date of use as attested by a certificate issued by the laboratory and manufacturer.

5. Lights shall be turned off at 10:30 p.m.

f. Site Improvement. Each plan shall provide the following:

1. Adequate screening and landscaping, including shrubbery, bushes, trees and other plantings to provide protection from noise, light and glare.

2. Standards for grading, drainage and other improvements found necessary shall be provided and approved by the Borough Engineer where applicable. Any off-tract or drainage improvements required as a result of the improvement shall be paid for by the owners under standards described in Article VII, Subdivision and Site Plan Review, of the Land Development Regulations of the Borough of Tenafly. A maximum retaining wall height of three feet shall be allowed. Where tiered walls are used, the minimum separation between walls shall be twice the wall height. Landscaping shall be required between the walls.

g. Escrow Agreement. The owner shall deposit $500 to cover the cost of reviewing services provided by the Borough Engineer which deposit shall be administered in accordance with Section 35-604, Technical Review Escrow Deposits, of the Land Development Regulations of the Borough of Tenafly.

§ 35-809 MULTI-FAMILY CONTRIBUTORY HOUSING DEVELOPMENT STANDARDS.

§ 35-809.1 Creation of a New Residential Zone.

[Ord. No. 02-01 § 2A]

Lot 14, Block 2902, is hereby designated as a multi-family contributory housing zone (MF-C Zone), the development of which shall consist of no more than 35 attached (townhouse) units.

§ 35-809.2 Development Standards.

[Ord. No. 02-01 § 2B]

The following development standards apply to the MF-C zone:

a. Maximum density: seven dwelling units per acre.

b. Minimum area: five acres.

c. Maximum FAR for all habitable gross area: 70% of total lot area.

d. Maximum impervious area: 70% of total lot area.

e. Maximum height: 45 feet from front finished floor.

§ 35-809.3 Buffer (Set Back) Requirements.

[Ord. No. 02-01 § 2C]

It is intended that the housing project be suitably buffered from its neighbors. The following buffer (set back) requirements apply:

a. The Northerly Buffer. There shall be a sixty-foot buffer between the properties on Nelson Place and the first building structure within the MF-C Zone. Within the northerly buffer area, there shall be a continuous fence placed approximately 20 feet from the northerly property line inside the MF-C Zone, running the entire length of the property line from east to west. Exact placement of the five foot high black chain-link fence shall depend on terrain and vegetation, but it is the intent of this section that there be a barrier in place to prevent any access to Nelson Place. This fence will be constructed prior to the issuance of any Certificate of Occupancy for any housing.

Between the fence and the first structure in the MF-C Zone, a berm of approximately three feet high, if feasible and appropriate, shall be created. On top of this berm shall be planted a double row of twelve-foot high evergreens, staggered, with the intent of creating a visual barrier between the development in the MF-C Zone and the Nelson Place neighbors.

The buffer areas are set back requirements. It is intended that the property can be used for passive recreation, including utility placement, walking, landscaping, and similar non-structural activities. No structures are permitted in the setback areas, including items such as swing sets, doll houses, tree houses, dog runs.

b. The Easterly and Westerly Property Lines.

1. There shall be a thirty-five-foot buffer along the westerly property line.

2. There shall be a twenty-five-foot buffer along the easterly property line.

c. Permitted Intrusions in the Northerly, Easterly and Westerly Buffers.

1. Tree Clearing and Maintenance. It is the intent of this section to protect major vegetation currently existing within the buffer areas; but it is recognized that dead, dying, or diseased trees may be removed without notifications. Further, underbrush may be cleared and more appropriate vegetation planted. In order to construct the fencing, the berms, and planting the double row of evergreens, it is recognized that the landscaping within the buffer zones will be modified.

2. Intrusions. Patios, first floor decks not to exceed 14 feet above ground level, utilities, HVAC equipment, and building overhangs of not more than three feet are permitted within the buffer zones, so long as the intrusion is no more than 10 feet from the foundation line. It is recognized that during the construction process, there will be disturbance of the buffer area; however, the buffer must be landscaped after construction.

Passive recreation uses are permitted.

d. The Southerly Buffer. All access to the site will be from East Clinton Avenue, and the southerly portion of the property shall contain the following permitted uses:

1. A detention basin/retention basin, either wet or dry, and with or without an irrigation system, as determined by good engineering practice.

2. A gate house and traffic control devices, should the property become a "gated community." Roadway and parking areas, including a boulevard-style main entrance, and an emergency exit.

3. A decorative fence or wall, no more than five feet in height.

4. Berming, landscaping, or other decorative features.

Aside from these facilities, there shall be no structures within the first 35 feet of the southerly property line, as measured from the East Clinton Avenue right-of-way.

e. Roadway Width, Parking. Internal design of the MF-C Zone, shall be within the residential site improvement standard. Roadway widths shall be no greater than 28 feet, provided however, that a boulevard entrance shall be permitted. The roads are anticipated to be private (non-dedicated) and exempt from the Borough's public improvement bonding. All other public improvements shall be bonded in accordance with the requirements set forth in N.J.S.A. 40:55D-53 et seq.

f. Exemptions. The Planning Board shall approve an overall site plan approval and such subdivision approvals as are required in order to develop the MF-C Zone. As part of that application, soil moving permits shall not be required, but an overall soil erosion/sediment control plan shall be part of subdivision/site plan approval for the project. If more than 1,000 cubic yards of soil are to be removed from the site or brought onto the site, traffic routing approval must be obtained from the Tenafly Borough Police Department.

Any development in the MF-C Zone shall be exempt from the requirements of Chapter 26, Trees, and Section 35-726, Critical Areas; Steep Sloped Areas. The development of the site shall comply with good engineering practice as approved by the Borough Engineer as part of subdivision/site plan approval.

g. Miscellaneous. Construction trailers shall be permitted on the site throughout the full development; a sales trailer shall be permitted on the site through the initial development of the site, defined as completion of all site work, and the construction of the first residential building on-site.

Retaining walls under four feet are permitted and do not have to be shown on the plans approved by the Planning Board, although are required to be placed on the final as-built plans. Retaining walls over four feet in height are required to be shown on plans to be approved by the Planning Board.

Two monument signs of no more than 50 square feet each shall be permitted for the housing development contemplated in the MF-C Zone.

h. Mt. Laurel Contributions. Thirty-five townhome units are anticipated to be built on the MF-C Zoned property. At the time of application for any Certificate of Occupancy for any housing unit within the MF-C Zone, a contribution of $5,000 shall be made to the Borough's Affordable Housing Trust Fund. No Certificate of Occupancy can be issued without such contribution.

The Borough may require appropriate financial guarantees; e.g., performance bonds, to secure the contribution of the Affordable Housing units within a reasonable time. Such guarantees shall be similar to all other public improvement performance guarantees and shall be in a form approved by the Borough Attorney.

§ 35-810 MULTI-FAMILY INCLUSIONARY HOUSING DEVELOPMENT STANDARDS.

§ 35-810.1 Creation of a New Residential Zone.

[Ord. No. 02-09 § 2A]

Lot 44 in Block 901 is hereby designated as the Multi-Family Inclusionary Housing Zone, or the MF-I Zone, and shall consist of one- and two-bedroom apartments.

§ 35-810.2 Development Standards.

[Ord. No. 02-09 § 2B]

The following development standards apply to the MF-I Zone:

Standard
Maximum density	23 units per acre
Minimum area	40,000 square feet
Maximum FAR for all habitable gross area	70% of total lot area
Maximum impervious area	75% of total lot area
Maximum number of two-bedroom units	60% of all units
Maximum height and number of habitable floors	35 feet from existing grade or 3 floors
Minimum front yard requirement	35 feet
Minimum rear yard requirement	30 feet
Side yards (each)	10 feet
Parking	As per the Residential Site Improvement Standards (RSIS) of New Jersey

§ 35-810.3 Parking Limitations.

[Ord. No. 02-09 § 2C]

The following parking limitations apply:

a. No parking shall be permitted in the front yard.

b. Underground parking is permitted.

c. Parking is subject to height and building codes.

§ 35-810.4 Nonapplicability of Certain Regulations.

[Ord. No. 02-09 § 2D]

The provisions of subsection 35-723.5 and Section 35-806 of this chapter shall not apply to the development of the property within the MF-I Zone.

§ 35-810.5 Inclusionary Housing Requirements.

[Ord. No. 02-09 § 2E]

a. 20% of the total number of approved units will be set aside for occupancy by low- and moderate-income households as defined by COAH.

b. All of the affordable housing will be constructed at the same time as the conventional housing.

c. The bedroom distribution of all the affordable housing units, as approved by the Superior Court of New Jersey, Law Division, shall be 50% two- bedroom and 50% one-bedroom.

d. The rental or price of the affordable housing units shall be determined in accordance with the requirements of Section 5:93-7 of the Substantive Rules of COAH as amended from time to time.

e. Properties within the MF-I Zone shall be made subject to appropriate title restrictions to ensure that the aforesaid affordability controls shall remain in effect for at least 30 years.

f. All matters affecting the control of the affordable housing units shall be in accordance with the Substantive Rules of COAH as amended from time to time.

g. The office of the Borough Administrator will provide the owner of properties developed for affordable housing with a list of Tenafly residents seeking affordable housing units in accordance with Section 5:93-11.7 of the Substantive Rules of COAH, as amended from time to time.

h. In the event that there are not enough qualified local residents for the affordable units available to the developer of the project within 60 days of the anticipated completion, then those units will be marketed in accordance with subsection 5:93-11 of the Substantive Rules of COAH, as amended from time to time.

§ 35-810A (RESERVED)

[Former § 35-810A, Multi-Family Inclusionary Housing District 2 Development Standards, was repealed 11-20-2023 by Ord. No. 23-26. Prior history includes Ord. No. 2018-27.]

§ 35-810B MULTI-FAMILY INCLUSIONARY HOUSING DISTRICT 3 DEVELOPMENT STANDARDS.

§ 35-810B.1 Purpose.

[Ord. No. 2018-27 § 3]

The purpose of the MF-I-3 District is to encourage the production of very-low, low- and moderate-income housing units in conformance with the latest procedural and substantive rules for affordable housing, as determined by the courts or other applicable authority, by permitting an inclusionary multifamily development subject to the following regulations.

§ 35-810B.2 Description.

[Ord. No. 2018-27 § 3]

The MF-I-3 Multi-Family Inclusionary Housing District three shall encompass Block 1304 Lot two on the Borough of Tenafly Tax Map.

§ 35-810B.3 Permitted Principal Uses.

[Ord. No. 2018-27 § 3]

The MF-I-3 District shall permit multifamily uses.

§ 35-810B.4 Permitted Accessory Uses.

[Ord. No. 2018-27 § 3]

Accessory uses and structures permitted in the MF-I-3 District are those uses and structures which are customarily incidental and subordinate to permitted multifamily use. Accessory uses and structures shall include, but not be limited to, the following:

a. Street furnishings, planters, street lights, and exterior, garden-type, shade structures;

b. Fences and walls, which shall complement the architectural style, type, and design of the buildings and the overall project design;

c. Clubhouses;

d. Recreational facilities such as swimming pools, tennis courts, jogging paths, dog runs, and play lots, and;

e. Parking lots serving the development.

§ 35-810B.5 Permitted Conditional Uses.

[Ord. No. 2018-27 § 3]

None.

§ 35-810B.6 Prohibited Uses.

[Ord. No. 2018-27 § 3]

Any use other than those uses specifically permitted above are prohibited.

§ 35-810B.7 Development Standards.

[Ord. No. 2018-27 § 3]

The following development standards apply to the MF-I-3 District:

Standard
Minimum area	35,000 square feet
Maximum density	35 units per acre
Maximum stories/height	3 stories/35 feet
Minimum front yard	5 feet
Minimum side yard	5 feet
Minimum rear yard	5 feet
Minimum parking setback from property lines	5 feet
Minimum parking setback from buildings	10 feet
Minimum landscape buffer	5 feet
Maximum impervious coverage	80%
Maximum building coverage	35%
Minimum Accessory Building Setback	5 feet
Parking	Compliant with RSIS

§ 35-810B.8 Affordable Housing Standards.

[Ord. No. 2018-27 § 3]

a. A minimum of 20% of the total number of units shall be set-aside for very-low, low- and moderate-income units if they are for sale, or 15% of total number of units shall be set-aside for very-low, low- and moderate-income units if they are for rent. All affordable units are to be constructed on-site and integrated among buildings throughout the development so that such buildings contain a mix of affordable and market rate units.

b. All very-low, low- and moderate-income housing units shall be in conformance with the requirements of the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq. ("FHA"); applicable regulations of the New Jersey Council on Affordable Housing ("COAH"); applicable requirements of the Courts of the State of New Jersey; and all applicable regulations on affordability controls and other regulations of the New Jersey Housing and Mortgage Finance Agency ("NJHMFA") including, without limitation, the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC").

c. Bedroom distribution of very-low, low- and moderate-income housing units. The bedroom distribution of very-low, low- and moderate-income units for affordable units constructed in the MF-I-3 District shall be as follows:

1. No more than 20% of the very-low, low- and moderate-income units shall be one-bedroom units.

2. At least 20% of the very-low, low- and moderate-income units shall be three-bedroom units.

3. At least 30% of the very-low, low- and moderate-income units shall be two-bedroom units.

d. Very-low, Low- and moderate-income unit split. At least 50% of the affordable units will be available to very low income and low income households and the remainder of which will be available to moderate income households as defined in the FHA and UHAC and other applicable statutes and regulations. A minimum of 13% of the affordable units will be made available to very low income households, defined as households earning 30% or less of the regional median income by household size.

e. Procedures regarding affirmative marketing of very-low, low- and moderate-income units and other requirements of inclusionary development units are subject to and determined by UHAC and COAH rules or other rules determined appropriate by the court.

§ 35-810B.9 Design Standards.

[Ord. No. 2018-27 § 3]

The following design standards shall be utilized:

a. Facade design.

1. For every 60 feet of building length, there shall be a plane-break along the facade comprised of an offset of at least 12 inches in depth by at least 15 feet in length. The offset shall extend from grade to the highest story.

2. Buildings with expansive blank walls on any facade are discouraged. Side and rear elevations should receive architectural treatments comparable to front facades.

3. Varying decorative and architectural features at entrances, cornices, windows and articulation between dwelling units, buildings or complexes of buildings are encouraged, provided that such are architecturally compatible with the style, materials, colors and details of the building.

4. Complementary building colors and materials shall be consistent with the general theme of the development.

5. Horizontal articulation. Each facade should be designed to have a delineated floor line between street level and the upper floors. This delineation may be in the form of, but not limited to, a belt course, a lintel, a cornice line, or similar trim features and elements.

b. Materials. Exterior building materials shall be classified as either primary, secondary, or accent materials. The facade shall be designed in accordance with the following:

1. The primary material shall cover at least 60% of the facade of the building.

2. Secondary materials shall cover not more than 40% of the facade.

c. Exterior-mounted mechanical and electrical equipment exposed to the public view shall be architecturally screened. Roof-mounted equipment and projections should be painted the same color as the roof and, where possible, located to the rear of the building, away from the public view.

d. Varying architectural embellishments to roofs between dwelling units, buildings or complexes of buildings including roof elements such as dormers, belvederes, masonry chimneys and similar elements, provided that such are architecturally compatible with the style, materials, colors and details of the building.

e. Streetscape. Streetscape elements along all frontages shall be encouraged, and may include, but not be limited, to benches and sitting areas, trees, decorative lighting, landscaping, and paving patterns.

f. Landscaping standards.

1. A landscape plan prepared by a licensed Landscape Architect, licensed by the New Jersey State Board of Architects, or other qualified individual, shall be submitted with any plan for development.

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

3. Plants and other landscaping materials shall be selected in terms of aesthetic and functional considerations. The landscape design shall create visual diversity and contrast through variation in size, shape, texture, and color. The selection of plants in terms of susceptibility to disease and insect damage, wind and ice damage, habitat (wet-site, drought, sun and shade tolerance), soil conditions, growth rate, longevity, root pattern, maintenance requirements, etc. shall be considered. Consideration shall be given to accenting site entrances and unique areas with special landscaping treatment. Flowerbed displays are encouraged.

4. Landscaping shall be designed to achieve a thorough integration of the various elements of site design, including building and parking placement and natural features.

5. Landscaping within sight triangles shall not exceed a mature height of 30 inches. Shade trees shall be pruned up to an eight-foot branching height above grade.

6. The use of indigenous/native plant material is to be encouraged to establish sustainable landscapes that blend with the natural environment, reduce the use of pesticides, and reduce irrigation.

7. The use of passive systems such as raingardens to offset stormwater discharge shall be utilized to the extent feasible.

8. Water conservation measures such as drip irrigation and soil moisture-sensing irrigation systems shall be used where practicable.

§ 35-810C (RESERVED)

[Former § 35-810C, Multi-Family Inclusionary Housing District 4 Development Standards, was repealed 11-20-2023 by Ord. No. 23-26. Prior history includes Ord. No. 2018-27.]

§ 35-810D.1 Purpose.

[Added 11-20-2023 by Ord. No. 23-25]

The purpose of the MF-A-1 District is to encourage the production of very-low-, low- and moderate-income housing units in conformance with the latest procedural and substantive rules for affordable housing, as determined by the courts or other applicable authority, by permitting a 100% affordable housing development subject to the following regulations.

§ 35-810D.2 Description.

[Added 11-20-2023 by Ord. No. 23-25]

The MF-A-1 Multi-Family 100 Percent Affordable Housing District 1 shall encompass Block 715, Lots 11, 12, 13, and 14, on the Borough of Tenafly Tax Map.

§ 35-810D.3 Permitted Principal Uses.

[Added 11-20-2023 by Ord. No. 23-25]

The MF-A-1 District shall permit multi-family dwellings which shall consist entirely of affordable housing meeting all of the standards and requirements of: the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq. ("FHA"); applicable regulations of the New Jersey Council on Affordable Housing ("COAH"); applicable requirements of the Courts of the State of New Jersey; and all applicable regulations on affordability controls and other regulations of the New Jersey Housing and Mortgage Finance Agency ("NJHMFA"), including, without limitation, the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC").

§ 35-810D.4 Permitted Accessory Uses.

[Added 11-20-2023 by Ord. No. 23-25]

Accessory uses and structures permitted in the MF-A-1 District are those uses and structures which are customarily incidental and subordinate to permitted multi-family use. Accessory uses and structures shall include, but not be limited to, the following:

a. Street furnishings, planters, street lights, and exterior, garden-type, shade structures;

b. Fences and walls, which shall complement the architectural style, type, and design of the buildings and the overall project design;

c. Recreational facilities such as swimming pools, tennis courts, jogging paths, dog runs, and play lots; and

d. Parking lots serving the development.

§ 35-810D.5 Permitted Conditional Uses.

[Added 11-20-2023 by Ord. No. 23-25]

None.

§ 35-810D.6 Prohibited Uses.

[Added 11-20-2023 by Ord. No. 23-25]

Any use other than those uses specifically permitted above are prohibited.

§ 35-810D.7 Development Standards.

[Added 11-20-2023 by Ord. No. 23-25]

The following development standards apply to the MF-A-1 District:

Standard
Minimum area	Entirety of the MF-A-1 District
Maximum number of units	16 units
Maximum stories/height	3.5 stories/ 45 feet
Minimum front yard	10 feet
Minimum side and rear yard	10 feet
Minimum parking setback from property lines	3 feet
Minimum landscape buffer	5 feet
Maximum building coverage	65%
Maximum impervious coverage	85%
Parking	Compliance with RSIS

§ 35-810D.8 Affordable Housing Standards.

[Added 11-20-2023 by Ord. No. 23-25]

a. One hundred percent of the total number of units shall be set-aside for very low-, low- and moderate-income units. All affordable units are to be constructed on-site.

b. All very-low-, low- and moderate-income housing units shall be in conformance with the requirements of the New Jersey Fair Housing Act, N.J.S.A. 52:27D- 301 et seq. ("FHA"); applicable regulations of the New Jersey Council on Affordable Housing ("COAH"); applicable requirements of the Courts of the State of New Jersey; and all applicable regulations on affordability controls and other regulations of the New Jersey Housing and Mortgage Finance Agency ("NJHMFA"), including, without limitation, the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC").

c. Bedroom distribution of very-low-, low- and moderate-income housing units. The bedroom distribution of very-low, low- and moderate-income units for affordable units constructed in the MF-A-1 District shall be as follows:

1. No more than 20% of the very-low-, low- and moderate-income units shall be one-bedroom units.

2. At least 20% of the very-low-, low- and moderate-income units shall be three-bedroom units.

3. At least 30% of the very-low-, low- and moderate-income units shall be two-bedroom units.

d. Very-low, low- and moderate-income unit split. At least 50% of the affordable units will be available to very-low-income and low-income households and the remainder of which will be available to moderate income households as defined in the FHA and UHAC and other applicable statutes and regulations. A minimum of 13% of the affordable units will be made available to very-low-income households, defined as households earning 30% or less of the regional median income by household size.

e. Procedures regarding affirmative marketing of very-low-, low- and moderate-income units and other requirements of inclusionary development units are subject to and determined by UHAC and COAH rules or other rules determined appropriate by the court.

f. In accordance with N.J.S.A. 52:27D-311G), the Borough may enter into an agreement with the developer to provide a preference for affordable housing to low- and moderate-income veterans who served in time of war or other emergency, as defined in Section 1 of P.L.1963, c.171 (N.J.S.A.54:4-8.10), of up to 50% of the affordable units in that particular project. This preference shall be established in the applicant selection process for available affordable units so that applicants who are veterans who served in time of war or other emergency, as referenced in this subsection, and who apply within 90 days of the initial marketing period shall receive preference for the rental of the agreed upon percentage of affordable units. After the first 90 days of the initial 120-day marketing period, if any of those units subject to the preference remain available, then applicants from the general public shall be considered for occupancy. Following the initial 120-day marketing period, previously qualified applicants and future qualified applicants who are veterans who served in time of war or other emergency, as referenced in this subsection, shall be placed on a special waiting list as well as the general waiting list. The veterans on the special waiting list shall be given preference for affordable units, as the units become available, whenever the percentage of preference-occupied units falls below the agreed upon percentage. Any agreement to provide affordable housing preferences for veterans pursuant to this subsection shall not affect a municipality's ability to receive credit for the unit from the council, or its successor.

§ 35-810D.9 Design Standards.

[Added 11-20-2023 by Ord. No. 23-25]

a. Facade design.

1. Buildings with expansive blank walls on any facade are discouraged. Side and rear elevations should receive architectural treatments comparable to front facades.

2. Varying decorative and architectural features at entrances, cornices, windows and articulation between dwelling units are encouraged, provided that such are architecturally compatible with the style, materials, colors, and details of the building.

3. Complementary building colors and materials shall be consistent with the general theme of the development.

b. Exterior-mounted mechanical and electrical equipment exposed to the public view shall be architecturally screened. Roof-mounted equipment and projections should be painted the same color as the roof and, where possible, located to the rear of the building, away from the public view.

c. Streetscape. Streetscape elements along all frontages shall be encouraged, and may include, but not be limited, to benches and sitting areas, trees, decorative lighting, landscaping, and paving patterns.

d. Landscaping standards.

1. A landscape plan prepared by a licensed landscape architect, licensed by the New Jersey State Board of Architects, or other qualified individual, shall be submitted with any plan for development.

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

3. Plants and other landscaping materials shall be selected in terms of aesthetic and functional considerations. The landscape design shall create visual diversity and contrast through variation in size, shape, texture, and color. The selection of plants in terms of susceptibility to disease and insect damage, wind and ice damage, habitat (wet-site, drought, sun and shade tolerance), soil conditions, growth rate, longevity, root pattern, maintenance requirements, etc., shall be considered. Consideration shall be given to accenting site entrances and unique areas with special landscaping treatment. Flowerbed displays are encouraged.

4. Landscaping shall be designed to achieve a thorough integration of the various elements of site design, including building and parking placement and natural features.

5. Landscaping within sight triangles shall not exceed a mature height of 30 inches. Shade trees shall be pruned up to an eight-foot branching height above grade.

6. The use of indigenous/native plant material is to be encouraged to establish sustainable landscapes that blend with the natural environment, reduce the use of pesticides, and reduce irrigation.

7. The use of passive systems such as raingardens to offset stormwater discharge shall be utilized to the extent feasible.

§ 35-811 DEVELOPMENT STANDARDS FOR AHO-1/R, AHO-1/C.1, AHO-1/C.2.

§ 35-811.1 Affordable Housing Overlay, No. 1, Development Standards, AHO-1/R.

[Ord. No. 03-11 § 3-811.1]

a. Creation of New Zone. The southerly seven acres being a portion of property known and designated as Lots 1, 2, 9 and 10 in Block 1309, on the Borough of Tenafly tax map, are hereby designated as an overlay zone for the creation of low- and moderate-income housing, to be designated AHO-1/R.

b. Permitted Uses. The permitted principal use shall be multi-family residential, with low- and moderate-income housing. The permitted accessory uses and structures shall be limited to a recreational center building, swimming pool and recreational amenities, parking, driveways, walkways, lighting, utilities, storm water detention facilities, groundwater monitoring facilities, signage permitted by ordinance, and other usual and customary accessory structures.

c. Development Standards. The following development standards shall apply to the AHO-1/R Zone:

Standard
Maximum density	22 units per acre*
Minimum area	6 acres
Minimum frontage	200 feet
Maximum height	60 feet
Maximum stories	3.5 stories**
Maximum building coverage	25%
Maximum improved lot coverage	75%
Minimum setbacks
Front yard	35 feet
Side yard	20 feet
Rear yard	20 feet
Minimum parking setback from property line
Front yard	35 feet
Side and rear yard	5 feet
Minimum parking setback from building	5 feet***
Maximum building length	210 feet
Maximum lot coverage per building	20,000 square feet
Maximum floor area ratio	.72
Minimum building separation	35 feet

*	The number of units shall not exceed 148, plus 1 unit for a caretaker.
**	The half story shall be limited to floor space of no more than 65% of the floor below. As an alternative option, parking may be placed under the building on condition that the first floor elevation of residential units shall be no higher than 4 feet above the curbline of Prospect Terrace, no portion of the parking level is above grade except at a common garage entry, the garage entry is not located on any facade which faces directly on an adjacent street, and the maximum stories of residential units is reduced to 3 stories.
***	Except at garage locations, where it shall be zero.

d. Parking Provisions. The following parking provisions shall apply:

1. Parking shall be in compliance with the Residential Site Improvement Standards (RSIS) of New Jersey.

2. No parking shall be permitted in any minimum front yard setback.

3. Shared parking and driveway facilities shall be permitted with the property or properties in the AHO-1/C Zones, provided the total number of parking spaces required for all uses is provided.

e. Inclusionary Requirement. Inclusionary Housing Requirement:

1. 12% of the total number of approved units shall be set aside for occupancy by low- and moderate-income households as defined by COAH, with any fraction rounded downward.

2. All of the affordable housing shall be constructed in accordance with the phasing rules of COAH.

3. The bedroom distribution of all the affordable housing units shall be in accordance with the regulations of COAH, except three bedroom units shall be limited to no more than two units, with at least 1/3 of the balance of Units being one bedroom units. The remainder shall be two bedroom units.

4. The low and moderate income units shall be disbursed throughout the development, and not concentrated in any one area.

5. All matters affecting the control of the affordable housing units shall be in accordance with the regulations of COAH, and the affordable housing ordinances of the Borough of Tenafly.

§ 35-811.2 Commercial Overlay, No. 1, Development Standards, AHO-1/C.1.

[Ord. No. 03-11 § 3-811.2]

a. The northerly corner of the property at the intersection of Hudson Avenue and Piermont Road, consisting of a minimum of one acre of property, being a portion of property known and designated as Lots 1, 2, 9 and 10 in Block 1309 on the Borough of Tenafly tax map, is hereby designated as an overlay zone for the creation of a bank, and to be designated AHO-1/C.1. The entire commercial overlay zone consisting of AHO-1/C.1 and C.2 shall total 2.9 acres to be divided between two uses.

b. The permitted principal use shall be a bank with drive through teller locations limited to no more than four. The permitted accessory uses and structures shall be limited to parking, driveways, walkways, lighting, utilities, storm water detention facilities, ground water monitoring facilities, signs pursuant to ordinance, and other usual and customary accessory structures.

c. The following development standards shall apply to the AHO-1/C.1 Zone:

Standard
Minimum area	1.0 acres
Minimum frontage	200 feet
Maximum height	28 feet
Maximum stories	1
Maximum building coverage	10%
Maximum improved lot coverage	85%
Minimum setbacks
Front yard	35 feet
Side yard	20 feet
Rear yard	20 feet
Minimum parking setback from property line
Front yard	35 feet
Side and rear yard	5 feet
Minimum parking setback from building	10 feet
Maximum floor area ratio	0.15
Maximum floor area	4,000 square feet

d. Parking requirements shall be as provided in Section 35-804 of this chapter, except that the number of spaces shall be one for each 200 square feet of floor area. Shared parking and driveway facilities shall be permitted with other properties in the AHO-1/C Zones and/or the AHO-1/R Zone, provided the total number of parking spaces required for all uses is provided.

§ 35-811.3 Commercial Overlay, No. 2, Development Standards, AHO-1/C.2.

[Ord. No. 03-11 § 3-811.3; Ord. No. 10-15 § 1]

a. The northerly portion of the property located on the southerly side of Hudson Avenue, consisting of a minimum of one acre, known and designated at Lots 1, 2, 9 and 10 in Block 1309 on the Borough of Tenafly tax map, is hereby designated as an overlay zone for the creation of a day care or other uses, and to be designated AHO-1/C.2. The entire commercial overlay zone consisting of AHO-1/C.1 and C.2 shall total 2.9 acres to be divided between two uses.

b. The permitted principal use shall be any one of the following: day care, health and fitness, recreation, or professional office, including medical and dental offices. The permitted accessory uses and structures shall be limited to parking, driveways, walkways, lighting, utilities, storm water detention facilities, ground water monitoring facilities, recreational areas, fencing, signage permitted by ordinance, and other usual and customary accessory structures.

c. The following development standards shall apply to the AHO-1/C.2 Zone:

Standard
Minimum area	1.0 acres
Minimum frontage	200 feet
Maximum height	25 feet
Maximum stories	1
Maximum building coverage	22%
Maximum improved lot coverage	60%
Minimum setbacks
Front yard	35 feet
Side yard	20 feet
Rear yard	20 feet
Minimum parking setback from property line
Front yard	35 feet
Side and rear yard	5 feet
Minimum parking setback from building	10 feet
Maximum floor area ratio	.40
Maximum floor area	11,000 square feet

d. Parking requirements shall be as provided in Section 35-804 of this chapter, except that the number of spaces shall be one for each 200 square feet of floor area. Shared parking and driveway facilities shall be permitted with other properties in the AHO-1/C Zones and/or the AHO-1/R Zone, provided the total number of parking spaces required for all uses is provided.

§ 35-812 AFFORDABLE HOUSING OVERLAY, NO. 2, DEVELOPMENT STANDARDS.

§ 35-812.1 Creation of New Zone.

[Ord. No. 02-18 § 812A]

The properties designated as Block 1103, Lots 1-10, consisting of 2.22 acres, and Block 1104, Lots 1-8 and 10-14, consisting of 4.33 acres, on the Borough of Tenafly tax map, are hereby designated as an overlay zone for the creation of low- and moderate-income housing, to be designated AHO-2.

§ 35-812.2 Development Standards.

[Ord. No. 02-18 § 812B]

The following development standards shall apply to the AHO-2 Zone:

Standard
Maximum density	12 units per acre
Minimum area	2 acres
Minimum frontage	200 feet
Maximum height	35 feet
Maximum stories	2.5 stories
Maximum building coverage	20%
Maximum improved lot coverage	50%
Minimum open space	50%
Minimum setbacks
Front yard	35 feet
Side yard	15 feet
Rear yard	30 feet
Additional side or rear yard buffer to adjacent property used or zoned for residential use	10 feet
Minimum parking setback from building	10 feet
Minimum internal drive setback from building	25 feet
Minimum recreation area per unit	200 square feet
Minimum distance between buildings
Front to front	60 feet
Front to rear	60 feet
Rear to rear	60 feet
Side to front	45 feet
Side to rear	30 feet
Side to side	30 feet
Maximum building length	150 feet
Minimum break in facade every 50 feet	4 feet

§ 35-812.3 Parking.

[Ord. No. 02-18 § 812C]

The following parking provisions shall apply:

a. Parking shall be in compliance with the Residential Site Improvement Standards (RSIS) of New Jersey.

b. No parking shall be permitted in any front yard or buffer area.

§ 35-812.4 Inclusionary Requirements.

[Ord. No. 02-18 § 812D]

Inclusionary Housing Requirements:

a. 20% of the total number of approved units shall be set aside for occupancy by low- and moderate-income households as defined by COAH.

b. All of the affordable housing shall be constructed in accordance with the phasing rules of COAH.

c. The bedroom distribution of all the affordable housing units shall be in accordance with the regulations of COAH.

d. The low- and moderate-income units shall be dispersed throughout the development, and not concentrated in any one area.

e. All matters affecting the control of the affordable housing units shall be in accordance with the regulations of COAH, and the affordable housing ordinances of the Borough of Tenafly.

§ 35-812A AFFORDABLE HOUSING OVERLAY ZONE DISTRICT, NO. 3 DEVELOPMENT STANDARDS.

§ 35-812A.1 Purpose.

[Ord. No. 2018-28 § 2]

The purpose of the AHO-3 Overlay Zone District No. 3 is to encourage an additional opportunity for the production of very-low, low- and moderate-income housing units in conformance with the latest procedural and substantive rules for affordable housing, as determined by the courts or other applicable authority, by permitting an overlay inclusionary multifamily development subject to the following regulations.

§ 35-812A.2 Description.

[Ord. No. 2018-28 § 2]

The AHO-3 Overlay Zone District shall encompass Block 1105 Lots 21, 22, 23, 37, 38, 39, and 40 on the Borough of Tenafly Tax Map. It shall also include a portion of the Borough right-of-way contiguous with the lots noted herein, up to the southernmost property line of Block 1105 Lot 37 to the southerly lot line of Block 1105 Lot 21. This portion of the right-of-way would be required to be obtained by any developer from the Borough of Tenafly, and is subject to the consent of the Borough of Tenafly Mayor and Council. This portion of the right-of-way may only be vacated if the entirety of the AHO-3 Overlay Zone District tract was to be developed in a single comprehensive manner.

§ 35-812A.3 Permitted Uses.

[Ord. No. 2018-28 § 2]

The AHO-3 Overlay Zone District shall permit multifamily uses.

§ 35-812A.4 Accessory Uses.

[Ord. No. 2018-28 § 2]

Accessory uses and structures permitted in the AHO-3 Overlay Zone District are those uses and structures which are customarily incidental and subordinate to permitted multifamily use. Accessory uses and structures shall include, but not be limited to, the following:

a. Street furnishings, planters, street lights, and exterior, garden-type, shade structures;

b. Fences and walls, which shall complement the architectural style, type, and design of the buildings and the overall project design;

c. Clubhouses;

d. Recreational facilities such as swimming pools, tennis courts, jogging paths, dog runs, and play lots, and;

e. Parking lots serving the development.

§ 35-812A.5 Conditional Uses.

[Ord. No. 2018-28 § 2]

None.

§ 35-812A.6 Prohibited Uses.

[Ord. No. 2018-28 § 2]

Any use other than those uses specifically permitted above are prohibited.

§ 35-812A.7 Development Standards.

[Ord. No. 2018-28 § 2]

The following development standards shall apply to the AHO-3 Overlay Zone District.

Standard
Minimum area	20,000 square feet
Maximum density	18 units per acre
Maximum stories/height	2 stories/30 feet
Minimum front yard	20 feet
Minimum side yard	20 feet
Minimum rear yard	20 feet
Minimum distance between buildings	30 feet
Minimum parking setback from property lines
Front Yard	10 feet
Side and Rear Yard	15 feet
Minimum parking setback from buildings	10 feet
Minimum landscape buffer	10 feet
Maximum impervious coverage	70%
Maximum building coverage	40%
Minimum Accessory Building Setback	5 feet
Parking	Compliance with RSIS

§ 35-812A.8 Affordable Housing Standards.

[Ord. No. 2018-28 § 2]

a. A minimum of 20% of the total number of units shall be set-aside for very-low, low- and moderate-income units if they are for sale, or 15% of total number of units shall be set-aside for very-low, low- and moderate-income units if they are for rent. All affordable units are to be constructed on-site and integrated among buildings throughout the development so that such buildings contain a mix of affordable and market rate units.

b. All very-low, low- and moderate-income housing units shall be in conformance with the requirements of the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq. ("FHA"); applicable regulations of the New Jersey Council on Affordable Housing ("COAH"); applicable requirements of the Courts of the State of New Jersey; and all applicable regulations on affordability controls and other regulations of the New Jersey Housing and Mortgage Finance Agency ("NJHMFA") including, without limitation, the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC").

c. Bedroom distribution of very-low, low- and moderate-income housing units. The bedroom distribution of very-low, low- and moderate-income units for affordable units constructed in the AHO-3 District shall be as follows:

1. No more than 20% of the very-low, low- and moderate-income units shall be one-bedroom units.

2. At least 20% of the very-low, low- and moderate-income units shall be three-bedroom units.

3. At least 30% of the very-low, low- and moderate-income units shall be two-bedroom units.

d. Very-low, Low- and moderate-income unit split. At least 50% of the affordable units will be available to very low income and low income households and the remainder of which will be available to moderate income households as defined in the FHA and UHAC and other applicable statutes and regulations. A minimum of 13% of the affordable units will be made available to very low income households, defined as households earning 30% or less of the regional median income by household size.

e. Procedures regarding affirmative marketing of very-low, low- and moderate-income units and other requirements of inclusionary development units are subject to and determined by UHAC and COAH rules or other rules determined appropriate by the court.

§ 35-812A.9 Design Standards.

[Ord. No. 2018-28 § 2]

The following design standards shall be utilized:

a. Facade design.

1. For every 30 feet of building length, there shall be a plane-break along the facade comprised of at least 12 inches in depth by five feet in length. The offset shall extend from grade to the highest story.

2. Buildings with expansive blank walls on any facade are discouraged. Side and rear elevations should receive architectural treatments comparable to front facades.

3. Varying decorative and architectural features at entrances, cornices, windows and articulation between dwelling units, buildings or complexes of buildings are encouraged, provided that such are architecturally compatible with the style, materials, colors and details of the building.

4. Complementary building colors and materials shall be consistent with the general theme of the development.

5. Horizontal articulation. Each facade should be designed to have a delineated floor line between street level and the upper floors. This delineation may be in the form of, but not limited to, a belt course, a lintel, a cornice line, or similar trim features and elements.

b. Materials. Exterior building materials shall be classified as either primary, secondary, or accent materials. The facade shall be designed in accordance with the following:

1. The primary material shall cover at least 60% of the facade of the building.

2. Secondary materials shall cover not more than 40% of the facade.

c. Exterior-mounted mechanical and electrical equipment exposed to the public view shall be architecturally screened. Roof-mounted equipment and projections should be painted the same color as the roof and, where possible, located to the rear of the building, away from the public view.

d. Varying architectural embellishments to roofs between dwelling units, buildings or complexes of buildings including roof elements such as dormers, belvederes, masonry chimneys and similar elements, provided that such are architecturally compatible with the style, materials, colors and details of the building.

e. Streetscape. Streetscape elements along all frontages shall be encouraged, and may include, but not be limited, to benches and sitting areas, trees, decorative lighting, landscaping, and paving patterns.

f. Landscaping standards.

1. A landscape plan prepared by a licensed Landscape Architect, licensed by the New Jersey State Board of Architects, or other qualified individual, shall be submitted with any plan for development.

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

3. Plants and other landscaping materials shall be selected in terms of aesthetic and functional considerations. The landscape design shall create visual diversity and contrast through variation in size, shape, texture, and color. The selection of plants in terms of susceptibility to disease and insect damage, wind and ice damage, habitat (wet-site, drought, sun and shade tolerance), soil conditions, growth rate, longevity, root pattern, maintenance requirements, etc. shall be considered. Consideration shall be given to accenting site entrances and unique areas with special landscaping treatment. Flowerbed displays are encouraged.

4. Landscaping shall be designed to achieve a thorough integration of the various elements of site design, including building and parking placement and natural features.

5. Landscaping within sight triangles shall not exceed a mature height of 30 inches. Shade trees shall be pruned up to an eight-foot branching height above grade.

6. The use of indigenous/native plant material is to be encouraged to establish sustainable landscapes that blend with the natural environment, reduce the use of pesticides, and reduce irrigation.

7. The use of passive systems such as raingardens to offset stormwater discharge shall be utilized to the extent feasible.

8. Water conservation measures such as drip irrigation and soil moisture-sensing irrigation systems shall be used where practicable.

§ 35-812B (RESERVED)

[Former § 35-812B, Affordable Housing Overlay Zone District, No. 4 Development Standards, was repealed 11-20-2023 by Ord. No. 23-26. Prior history includes Ord. No. 2018-28.]

§ 35-812C AFFORDABLE HOUSING OVERLAY ZONE DISTRICT, NO. 5 DEVELOPMENT STANDARDS.

§ 35-812C.1 Purpose.

[Ord. No. 2018-28 § 4]

The purpose of the AHO-5 Overlay Zone District No. 5 is to encourage an additional opportunity for the production of very-low, low- and moderate-income housing units in conformance with the latest procedural and substantive rules for affordable housing, as determined by the courts or other applicable authority, by permitting an overlay inclusionary multifamily development subject to the following regulations.

§ 35-812C.2 Description.

[Ord. No. 2018-28 § 4]

The AHO-5 Overlay Zone District shall encompass Block 1009 Lots 1, 2, 3, 4, 5, and 11 on the Borough of Tenafly Tax Map.

§ 35-812C.3 Permitted Uses.

[Ord. No. 2018-28 § 4]

The AHO-5 Overlay Zone District shall permit multifamily uses.

§ 35-812C.4 Accessory Uses.

[Ord. No. 2018-28 § 4]

Accessory uses and structures permitted in the AHO-5 Overlay Zone District are those uses and structures which are customarily incidental and subordinate to permitted multifamily use. Accessory uses and structures shall include, but not be limited to, the following:

a. Street furnishings, planters, street lights, and exterior, garden-type, shade structures;

b. Fences and walls, which shall complement the architectural style, type, and design of the buildings and the overall project design;

c. Clubhouses;

d. Recreational facilities such as swimming pools, tennis courts, jogging paths, dog runs, and play lots, and;

e. Parking lots serving the development.

§ 35-812C.5 Conditional Uses.

[Ord. No. 2018-28 § 4]

None.

§ 35-812C.6 Prohibited Uses.

[Ord. No. 2018-28 § 4]

Any use other than those uses specifically permitted above are prohibited.

§ 35-812C.7 Development Standards.

[Ord. No. 2018-28 § 4]

The following development standards shall apply to the AHO-5 Overlay Zone District.

Standard
Minimum area	35,000 square feet
Maximum density	15 units per acre
Maximum stories/height	3 stories/35 feet
Minimum front yard	0 feet
Minimum side yard	0 feet; 13 feet if provided
Minimum rear yard	20 feet
Minimum distance between buildings	30 feet
Minimum parking setback from property lines
Front Yard	10 feet
Side and Rear Yard	15 feet
Minimum parking setback from buildings	10 feet
Minimum landscape buffer	5 feet along property lines of any adjoining lot not located in the Overlay District
Maximum impervious coverage	70%
Maximum building coverage	40%
Minimum Accessory Building Setback	5 feet
Parking	Compliance with RSIS

§ 35-812C.8 Affordable Housing Standards.

[Ord. No. 2018-28 § 4]

a. A minimum of 20% of the total number of units shall be set-aside for very-low, low- and moderate-income units if they are for sale, or 15% of total number of units shall be set-aside for very-low, low- and moderate-income units if they are for rent. All affordable units are to be constructed on-site and integrated among buildings throughout the development so that such buildings contain a mix of affordable and market rate units.

b. All very-low, low- and moderate-income housing units shall be in conformance with the requirements of the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq. ("FHA"); applicable regulations of the New Jersey Council on Affordable Housing ("COAH"); applicable requirements of the Courts of the State of New Jersey; and all applicable regulations on affordability controls and other regulations of the New Jersey Housing and Mortgage Finance Agency ("NJHMFA") including, without limitation, the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC").

c. Bedroom distribution of very-low, low- and moderate-income housing units. The bedroom distribution of very-low, low- and moderate-income units for affordable units constructed in the AHO-5 District shall be as follows:

1. No more than 20% of the very-low, low- and moderate-income units shall be one-bedroom units.

2. At least 20% of the very-low, low- and moderate-income units shall be three-bedroom units.

3. At least 30% of the very-low, low- and moderate-income units shall be two-bedroom units.

d. Very-low, Low- and moderate-income unit split. At least 50% of the affordable units will be available to very low income and low income households and the remainder of which will be available to moderate income households as defined in the FHA and UHAC and other applicable statutes and regulations. A minimum of 13% of the affordable units will be made available to very low income households, defined as households earning 30% or less of the regional median income by household size.

e. Procedures regarding affirmative marketing of very-low, low- and moderate-income units and other requirements of inclusionary development units are subject to and determined by UHAC and COAH rules or other rules determined appropriate by the court.

§ 35-812C.9 Design Standards.

[Ord. No. 2018-28 § 4]

The following design standards shall be utilized:

a. Facade design.

1. For every 30 feet of building length, there shall be a plane-break along the facade comprised of at least 12 inches in depth by five feet in length. The offset shall extend from grade to the highest story.

2. Buildings with expansive blank walls on any facade are discouraged. Side and rear elevations should receive architectural treatments comparable to front facades.

3. Varying decorative and architectural features at entrances, cornices, windows and articulation between dwelling units, buildings or complexes of buildings are encouraged, provided that such are architecturally compatible with the style, materials, colors and details of the building.

4. Complementary building colors and materials shall be consistent with the general theme of the development.

5. Horizontal articulation. Each facade should be designed to have a delineated floor line between street level and the upper floors. This delineation may be in the form of, but not limited to, a belt course, a lintel, a cornice line, or similar trim features and elements.

b. Materials. Exterior building materials shall be classified as either primary, secondary, or accent materials. The facade shall be designed in accordance with the following:

1. The primary material shall cover at least 60% of the facade of the building.

2. Secondary materials shall cover not more than 40% of the facade.

c. Exterior-mounted mechanical and electrical equipment exposed to the public view shall be architecturally screened. Roof-mounted equipment and projections should be painted the same color as the roof and, where possible, located to the rear of the building, away from the public view.

d. Varying architectural embellishments to roofs between dwelling units, buildings or complexes of buildings including roof elements such as dormers, belvederes, masonry chimneys and similar elements, provided that such are architecturally compatible with the style, materials, colors and details of the building.

e. Streetscape. Streetscape elements along all frontages shall be encouraged, and may include, but not be limited, to benches and sitting areas, trees, decorative lighting, landscaping, and paving patterns.

f. Landscaping standards.

1. A landscape plan prepared by a licensed Landscape Architect, licensed by the New Jersey State Board of Architects, or other qualified individual, shall be submitted with any plan for development.

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

3. Plants and other landscaping materials shall be selected in terms of aesthetic and functional considerations. The landscape design shall create visual diversity and contrast through variation in size, shape, texture, and color. The selection of plants in terms of susceptibility to disease and insect damage, wind and ice damage, habitat (wet-site, drought, sun and shade tolerance), soil conditions, growth rate, longevity, root pattern, maintenance requirements, etc. shall be considered. Consideration shall be given to accenting site entrances and unique areas with special landscaping treatment. Flowerbed displays are encouraged.

4. Landscaping shall be designed to achieve a thorough integration of the various elements of site design, including building and parking placement and natural features.

5. Landscaping within sight triangles shall not exceed a mature height of 30 inches. Shade trees shall be pruned up to an eight-foot branching height above grade.

6. The use of indigenous/native plant material is to be encouraged to establish sustainable landscapes that blend with the natural environment, reduce the use of pesticides, and reduce irrigation.

7. The use of passive systems such as raingardens to offset stormwater discharge shall be utilized to the extent feasible.

8. Water conservation measures such as drip irrigation and soil moisture- sensing irrigation systems shall be used where practicable.

§ 35-812D AFFORDABLE HOUSING OVERLAY ZONE DISTRICT, NO. 6 DEVELOPMENT STANDARDS.

§ 35-812D.1 Purpose.

[Ord. No. 2018-28 § 5]

The purpose of the AHO-6 Overlay Zone District No. 6 is to encourage an additional opportunity for the production of very-low, low- and moderate-income housing units in conformance with the latest procedural and substantive rules for affordable housing, as determined by the courts or other applicable authority, by permitting an overlay inclusionary multifamily development subject to the following regulations.

§ 35-812D.2 Description.

[Ord. No. 2018-28 § 5]

The AHO-6 Overlay Zone District shall encompass Block 1010 Lots 1 and 3 on the Borough of Tenafly Tax Map.

§ 35-812D.3 Permitted Uses.

[Ord. No. 2018-28 § 5]

The AHO-6 Overlay Zone District shall permit multifamily uses.

§ 35-812D.4 Accessory Uses.

[Ord. No. 2018-28 § 5]

Accessory uses and structures permitted in the AHO-6 Overlay Zone District are those uses and structures which are customarily incidental and subordinate to permitted multifamily use. Accessory uses and structures shall include, but not be limited to, the following:

a. Street furnishings, planters, street lights, and exterior, garden-type, shade structures;

b. Fences and walls, which shall complement the architectural style, type, and design of the buildings and the overall project design;

c. Clubhouses;

d. Recreational facilities such as swimming pools, tennis courts, jogging paths, dog runs, and play lots, and;

e. Parking lots serving the development.

§ 35-812D.5 Conditional Uses.

[Ord. No. 2018-28 § 5]

None.

§ 35-812D.6 Prohibited Uses.

[Ord. No. 2018-28 § 5]

Any use other than those uses specifically permitted above are prohibited.

§ 35-812D.7 Development Standards.

[Ord. No. 2018-28 § 5]

The following development standards shall apply to the AHO-6 Overlay Zone District.

Standard
Minimum area	10,000 square feet
Maximum density	18 units per acre
Maximum stories/height	3 stories/35 feet
Minimum front yard	0 feet
Minimum side yard	0 feet; 13 feet if provided
Minimum rear yard	0 feet; 13 feet if provided
Minimum parking setback from property lines
Front Yard	10 feet
Side and Rear Yard	3 feet
Minimum parking setback from buildings	10 feet
Minimum landscape buffer	None
Maximum impervious coverage	85%
Maximum building coverage	40%
Minimum Accessory Building Setback	5 feet
Parking	Compliance with RSIS

§ 35-812D.8 Affordable Housing Standards.

[Ord. No. 2018-28 § 5]

a. A minimum of 20% of the total number of units shall be set-aside for very-low, low- and moderate-income units if they are for sale, or 15% of total number of units shall be set-aside for very-low, low- and moderate-income units if they are for rent. All affordable units are to be constructed on-site and integrated among buildings throughout the development so that such buildings contain a mix of affordable and market rate units.

b. All very-low, low- and moderate-income housing units shall be in conformance with the requirements of the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq. ("FHA"); applicable regulations of the New Jersey Council on Affordable Housing ("COAH"); applicable requirements of the Courts of the State of New Jersey; and all applicable regulations on affordability controls and other regulations of the New Jersey Housing and Mortgage Finance Agency ("NJHMFA") including, without limitation, the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC").

c. Bedroom distribution of very-low, low- and moderate-income housing units. The bedroom distribution of very-low, low- and moderate-income units for affordable units constructed in the AHO-6 District shall be as follows:

1. No more than 20% of the very-low, low- and moderate-income units shall be one-bedroom units.

2. At least 20% of the very-low, low- and moderate-income units shall be three-bedroom units.

3. At least 30% of the very-low, low- and moderate-income units shall be two-bedroom units.

d. Very-low, Low- and moderate-income unit split. At least 50% of the affordable units will be available to very low income and low income households and the remainder of which will be available to moderate income households as defined in the FHA and UHAC and other applicable statutes and regulations. A minimum of 13% of the affordable units will be made available to very low income households, defined as households earning 30% or less of the regional median income by household size.

e. Procedures regarding affirmative marketing of very-low, low- and moderate-income units and other requirements of inclusionary development units are subject to and determined by UHAC and COAH rules or other rules determined appropriate by the court.

§ 35-812D.9 Design Standards.

[Ord. No. 2018-28 § 5]

The following design standards shall be utilized:

a. Facade design.

1. For every 30 feet of building length, there shall be a plane-break along the facade comprised of at least 12 inches in depth by five feet in length. The offset shall extend from grade to the highest story.

2. Buildings with expansive blank walls on any facade are discouraged. Side and rear elevations should receive architectural treatments comparable to front facades.

3. Varying decorative and architectural features at entrances, cornices, windows and articulation between dwelling units, buildings or complexes of buildings are encouraged, provided that such are architecturally compatible with the style, materials, colors and details of the building.

4. Complementary building colors and materials shall be consistent with the general theme of the development.

5. Horizontal articulation. Each facade should be designed to have a delineated floor line between street level and the upper floors. This delineation may be in the form of, but not limited to, a belt course, a lintel, a cornice line, or similar trim features and elements.

b. Materials. Exterior building materials shall be classified as either primary, secondary, or accent materials. The facade shall be designed in accordance with the following:

1. The primary material shall cover at least 60% of the facade of the building.

2. Secondary materials shall cover not more than 40% of the facade.

c. Exterior-mounted mechanical and electrical equipment exposed to the public view shall be architecturally screened. Roof-mounted equipment and projections should be painted the same color as the roof and, where possible, located to the rear of the building, away from the public view.

d. Varying architectural embellishments to roofs between dwelling units, buildings or complexes of buildings including roof elements such as dormers, belvederes, masonry chimneys and similar elements, provided that such are architecturally compatible with the style, materials, colors and details of the building.

e. Streetscape. Streetscape elements along all frontages shall be encouraged, and may include, but not be limited to, benches and sitting areas, trees, decorative lighting, landscaping, and paving patterns.

f. Landscaping standards.

1. A landscape plan prepared by a licensed Landscape Architect, licensed by the New Jersey State Board of Architects, or other qualified individual, shall be submitted with any plan for development.

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

3. Plants and other landscaping materials shall be selected in terms of aesthetic and functional considerations. The landscape design shall create visual diversity and contrast through variation in size, shape, texture, and color. The selection of plants in terms of susceptibility to disease and insect damage, wind and ice damage, habitat (wet-site, drought, sun and shade tolerance), soil conditions, growth rate, longevity, root pattern, maintenance requirements, etc. shall be considered. Consideration shall be given to accenting site entrances and unique areas with special landscaping treatment. Flowerbed displays are encouraged.

4. Landscaping shall be designed to achieve a thorough integration of the various elements of site design, including building and parking placement and natural features.

5. Landscaping within sight triangles shall not exceed a mature height of 30 inches. Shade trees shall be pruned up to an eight-foot branching height above grade.

6. The use of indigenous/native plant material is to be encouraged to establish sustainable landscapes that blend with the natural environment, reduce the use of pesticides, and reduce irrigation.

7. The use of passive systems such as raingardens to offset stormwater discharge shall be utilized to the extent feasible.

8. Water conservation measures such as drip irrigation and soil moisture-sensing irrigation systems shall be used where practicable.

§ 35-812E AFFORDABLE HOUSING OVERLAY ZONE DISTRICT, NO. 7 DEVELOPMENT STANDARDS.

§ 35-812E.1 Purpose.

[Ord. No. 2018-28 § 6]

The purpose of the AHO-7 Overlay Zone District No. 7 is to encourage an additional opportunity for the production of very-low, low- and moderate-income housing units in conformance with the latest procedural and substantive rules for affordable housing, as determined by the courts or other applicable authority, by permitting an overlay inclusionary multifamily development subject to the following regulations.

§ 35-812E.2 Description.

[Ord. No. 2018-28 § 6]

The AHO-7 Overlay Zone District shall encompass Block 1302 Lots 1 and 2; Block 1305 Lots 1, 2, 3, 4, and 5; and Block 1308 Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 on the Borough of Tenafly Tax Map.

§ 35-812E.3 Permitted Uses.

[Ord. No. 2018-28 § 6]

The AHO-7 Overlay Zone District shall permit multifamily uses.

§ 35-812E.4 Accessory Uses.

[Ord. No. 2018-28 § 6]

Accessory uses and structures permitted in the AHO-7 Overlay Zone District are those uses and structures which are customarily incidental and subordinate to permitted multifamily use. Accessory uses and structures shall include, but not be limited to, the following:

a. Street furnishings, planters, street lights, and exterior, garden-type, shade structures;

b. Fences and walls, which shall complement the architectural style, type, and design of the buildings and the overall project design;

c. Clubhouses;

d. Recreational facilities such as swimming pools, tennis courts, jogging paths, dog runs, and play lots, and;

e. Parking lots serving the development.

§ 35-812E.5 Conditional Uses.

[Ord. No. 2018-28 § 6]

None.

§ 35-812E.6 Prohibited Uses.

[Ord. No. 2018-28 § 6]

Any use other than those uses specifically permitted above are prohibited.

§ 35-812E.7 Development Standards.

[Ord. No. 2018-28 § 6]

The following development standards shall apply to the AHO-7 Overlay Zone District.

Standard
Minimum area	30,000 square feet
Maximum density	15 units per acre
Maximum stories/height	2 stories/30 feet
Minimum front yard	15 feet
Minimum side yard	15 feet
Minimum rear yard	15 feet
Minimum distance between buildings	30 feet
Minimum parking setback from property lines
Front Yard	10 feet
Side and Rear Yard	15 feet
Minimum parking setback from buildings	10 feet
Minimum landscape buffer	10 feet
Maximum impervious coverage	70%
Maximum building coverage	40%
Minimum Accessory Building Setback	5 feet
Parking	Compliance with RSIS

§ 35-812E.8 Affordable Housing Standards.

[Ord. No. 2018-28 § 6]

a. A minimum of 20% of the total number of units shall be set-aside for very-low, low- and moderate-income units if they are for sale, or 15% of total number of units shall be set-aside for very-low, low- and moderate-income units if they are for rent. All affordable units are to be constructed on-site and integrated among buildings throughout the development so that such buildings contain a mix of affordable and market rate units.

b. All very-low, low- and moderate-income housing units shall be in conformance with the requirements of the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq. ("FHA"); applicable regulations of the New Jersey Council on Affordable Housing ("COAH"); applicable requirements of the Courts of the State of New Jersey; and all applicable regulations on affordability controls and other regulations of the New Jersey Housing and Mortgage Finance Agency ("NJHMFA") including, without limitation, the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC").

c. Bedroom distribution of very-low, low- and moderate-income housing units. The bedroom distribution of very-low, low- and moderate-income units for affordable units constructed in the AHO-7 District shall be as follows:

1. No more than 20% of the very-low, low- and moderate-income units shall be one-bedroom units.

2. At least 20% of the very-low, low- and moderate-income units shall be three-bedroom units.

3. At least 30% of the very-low, low- and moderate-income units shall be two-bedroom units.

d. Very-low, Low- and moderate-income unit split. At least 50% of the affordable units will be available to very low income and low income households and the remainder of which will be available to moderate income households as defined in the FHA and UHAC and other applicable statutes and regulations. A minimum of 13% of the affordable units will be made available to very low income households, defined as households earning 30% or less of the regional median income by household size.

e. Procedures regarding affirmative marketing of very-low, low- and moderate-income units and other requirements of inclusionary development units are subject to and determined by UHAC and COAH rules or other rules determined appropriate by the court.

§ 35-812E.9 Design Standards.

[Ord. No. 2018-28 § 6]

The following design standards shall be utilized:

a. Facade design.

1. For every 60 feet of building length, there shall be a plane-break along the facade comprised of at least 12 inches in depth by 15 feet in length. The offset shall extend from grade to the highest story.

2. Buildings with expansive blank walls on any facade are discouraged. Side and rear elevations should receive architectural treatments comparable to front facades.

3. Varying decorative and architectural features at entrances, cornices, windows and articulation between dwelling units, buildings or complexes of buildings are encouraged, provided that such are architecturally compatible with the style, materials, colors and details of the building.

4. Complementary building colors and materials shall be consistent with the general theme of the development.

5. Horizontal articulation. Each facade should be designed to have a delineated floor line between street level and the upper floors. This delineation may be in the form of, but not limited to, a belt course, a lintel, a cornice line, or similar trim features and elements.

b. Materials. Exterior building materials shall be classified as either primary, secondary, or accent materials. The facade shall be designed in accordance with the following:

1. The primary material shall cover at least 60% of the facade of the building.

2. Secondary materials shall cover not more than 40% of the facade.

c. Exterior-mounted mechanical and electrical equipment exposed to the public view shall be architecturally screened. Roof-mounted equipment and projections should be painted the same color as the roof and, where possible, located to the rear of the building, away from the public view.

d. Varying architectural embellishments to roofs between dwelling units, buildings or complexes of buildings including roof elements such as dormers, belvederes, masonry chimneys and similar elements, provided that such are architecturally compatible with the style, materials, colors and details of the building.

e. Streetscape. Streetscape elements along all frontages shall be encouraged, and may include, but not be limited, to benches and sitting areas, trees, decorative lighting, landscaping, and paving patterns.

f. Landscaping standards.

1. A landscape plan prepared by a licensed Landscape Architect, licensed by the New Jersey State Board of Architects, or other qualified individual, shall be submitted with any plan for development.

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

3. Plants and other landscaping materials shall be selected in terms of aesthetic and functional considerations. The landscape design shall create visual diversity and contrast through variation in size, shape, texture, and color. The selection of plants in terms of susceptibility to disease and insect damage, wind and ice damage, habitat (wet-site, drought, sun and shade tolerance), soil conditions, growth rate, longevity, root pattern, maintenance requirements, etc. shall be considered. Consideration shall be given to accenting site entrances and unique areas with special landscaping treatment. Flowerbed displays are encouraged.

4. Landscaping shall be designed to achieve a thorough integration of the various elements of site design, including building and parking placement and natural features.

5. Landscaping within sight triangles shall not exceed a mature height of 30 inches. Shade trees shall be pruned up to an eight-foot branching height above grade.

6. The use of indigenous/native plant material is to be encouraged to establish sustainable landscapes that blend with the natural environment, reduce the use of pesticides, and reduce irrigation.

7. The use of passive systems such as raingardens to offset stormwater discharge shall be utilized to the extent feasible.

8. Water conservation measures such as drip irrigation and soil moisture-sensing irrigation systems shall be used where practicable.

§ 35-812F AFFORDABLE HOUSING OVERLAY ZONE DISTRICT, NO. 8 DEVELOPMENT STANDARDS.

§ 35-812F.1 Purpose.

[Ord. No. 2018-28 § 7]

The purpose of the AHO-8 Overlay Zone District No. 8 is to encourage an additional opportunity for the production of very-low, low- and moderate-income housing units in conformance with the latest procedural and substantive rules for affordable housing, as determined by the courts or other applicable authority, by permitting an overlay inclusionary multifamily development subject to the following regulations.

§ 35-812F.2 Description.

[Ord. No. 2018-28 § 7]

The AHO-8 Overlay Zone District shall encompass Block 1306 Lot 1.01 on the Borough of Tenafly Tax Map.

§ 35-812F.3 Permitted Uses.

[Ord. No. 2018-28 § 7]

The AHO-8 Overlay Zone District shall permit multifamily uses.

§ 35-812F.4 Accessory Uses.

[Ord. No. 2018-28 § 7]

Accessory uses and structures permitted in the AHO-7 Overlay Zone District are those uses and structures which are customarily incidental and subordinate to permitted multifamily use. Accessory uses and structures shall include, but not be limited to, the following:

a. Street furnishings, planters, street lights, and exterior, garden-type, shade structures;

b. Fences and walls, which shall complement the architectural style, type, and design of the buildings and the overall project design;

c. Clubhouses;

d. Recreational facilities such as swimming pools, tennis courts, jogging paths, dog runs, and play lots, and;

e. Parking lots serving the development.

§ 35-812F.5 Conditional Uses.

[Ord. No. 2018-28 § 7]

None.

§ 35-812F.6 Prohibited Uses.

[Ord. No. 2018-28 § 7]

Any use other than those uses specifically permitted above are prohibited.

§ 35-812F.7 Development Standards.

[Ord. No. 2018-28 § 7]

The following development standards shall apply to the AHO-8 Overlay Zone District.

Standard
Minimum area	22,000 square feet
Maximum density	15 units per acre
Maximum stories/height	2 stories/30 feet
Minimum front yard	15 feet
Minimum side yard	15 feet
Minimum rear yard	15 feet
Minimum distance between buildings	30 feet
Minimum parking setback from property lines
Front Yard	10 feet
Side and Rear Yard	15 feet
Minimum parking setback from buildings	10 feet
Minimum landscape buffer	10 feet
Maximum impervious coverage	70%
Maximum building coverage	40%
Maximum Accessory Building Setback	5 feet
Parking	Compliance with RSIS

§ 35-812F.8 Affordable Housing Standards.

[Ord. No. 2018-28 § 7]

a. A minimum of 20% of the total number of units shall be set-aside for very-low, low- and moderate-income units if they are for sale, or 15% of total number of units shall be set-aside for very-low, low- and moderate-income units if they are for rent. All affordable units are to be constructed on-site and integrated among buildings throughout the development so that such buildings contain a mix of affordable and market rate units.

b. All very-low, low- and moderate-income housing units shall be in conformance with the requirements of the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq. ("FHA"); applicable regulations of the New Jersey Council on Affordable Housing ("COAH"); applicable requirements of the Courts of the State of New Jersey; and all applicable regulations on affordability controls and other regulations of the New Jersey Housing and Mortgage Finance Agency ("NJHMFA") including, without limitation, the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC").

c. Bedroom distribution of very-low, low- and moderate-income housing units. The bedroom distribution of very-low, low- and moderate-income units for affordable units constructed in the AHO-8 District shall be as follows:

1. No more than 20% of the very-low, low- and moderate-income units shall be one-bedroom units.

2. At least 20% of the very-low, low- and moderate-income units shall be three-bedroom units.

3. At least 30% of the very-low, low- and moderate-income units shall be two-bedroom units.

d. Very-low, Low- and moderate-income unit split. At least 50% of the affordable units will be available to very low income and low income households and the remainder of which will be available to moderate income households as defined in the FHA and UHAC and other applicable statutes and regulations. A minimum of 13% of the affordable units will be made available to very low income households, defined as households earning 30% or less of the regional median income by household size.

e. Procedures regarding affirmative marketing of very-low, low- and moderate-income units and other requirements of inclusionary development units are subject to and determined by UHAC and COAH rules or other rules determined appropriate by the court.

§ 35-812F.9 Design Standards.

[Ord. No. 2018-28 § 7]

The following design standards shall be utilized:

a. Facade design.

1. For every 60 feet of building length, there shall be a plane-break along the facade comprised of at least 12 inches in depth by 15 feet in length. The offset shall extend from grade to the highest story.

2. Buildings with expansive blank walls on any facade are discouraged. Side and rear elevations should receive architectural treatments comparable to front facades.

3. Varying decorative and architectural features at entrances, cornices, windows and articulation between dwelling units, buildings or complexes of buildings are encouraged, provided that such are architecturally compatible with the style, materials, colors and details of the building.

4. Complementary building colors and materials shall be consistent with the general theme of the development.

5. Horizontal articulation. Each facade should be designed to have a delineated floor line between street level and the upper floors. This delineation may be in the form of, but not limited to, a belt course, a lintel, a cornice line, or similar trim features and elements.

b. Materials. Exterior building materials shall be classified as either primary, secondary, or accent materials. The facade shall be designed in accordance with the following:

1. The primary material shall cover at least 60% of the facade of the building.

2. Secondary materials shall cover not more than 40% of the facade.

c. Exterior-mounted mechanical and electrical equipment exposed to the public view shall be architecturally screened. Roof-mounted equipment and projections should be painted the same color as the roof and, where possible, located to the rear of the building, away from the public view.

d. Varying architectural embellishments to roofs between dwelling units, buildings or complexes of buildings including roof elements such as dormers, belvederes, masonry chimneys and similar elements, provided that such are architecturally compatible with the style, materials, colors and details of the building.

e. Streetscape. Streetscape elements along all frontages shall be encouraged, and may include, but not be limited, to benches and sitting areas, trees, decorative lighting, landscaping, and paving patterns.

f. Landscaping standards.

1. A landscape plan prepared by a licensed Landscape Architect, licensed by the New Jersey State Board of Architects, or other qualified individual, shall be submitted with any plan for development.

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

3. Plants and other landscaping materials shall be selected in terms of aesthetic and functional considerations. The landscape design shall create visual diversity and contrast through variation in size, shape, texture, and color. The selection of plants in terms of susceptibility to disease and insect damage, wind and ice damage, habitat (wet-site, drought, sun and shade tolerance), soil conditions, growth rate, longevity, root pattern, maintenance requirements, etc. shall be considered. Consideration shall be given to accenting site entrances and unique areas with special landscaping treatment. Flowerbed displays are encouraged.

4. Landscaping shall be designed to achieve a thorough integration of the various elements of site design, including building and parking placement and natural features.

5. Landscaping within sight triangles shall not exceed a mature height of 30 inches. Shade trees shall be pruned up to an eight-foot branching height above grade.

6. The use of indigenous/native plant material is to be encouraged to establish sustainable landscapes that blend with the natural environment, reduce the use of pesticides, and reduce irrigation.

7. The use of passive systems such as raingardens to offset stormwater discharge shall be utilized to the extent feasible.

8. Water conservation measures such as drip irrigation and soil moisture-sensing irrigation systems shall be used where practicable.

§ 35-813 (RESERVED)

§ 35-814 AFFORDABLE ACCESSORY APARTMENTS.

§ 35-814.1 Where Permitted.

[Ord. No. 02-20 § 814A]

Notwithstanding any provision of this "Land Development Ordinance" to the contrary, "Affordable Accessory Apartments" shall be permitted on a lot within the "R-10", "R-20" and "R-40" zoning districts which meets the following requirements:

a. The lot must fully conform to the "Minimum Lot Area" and the "Minimum Lot Width" requirements specified for the subject zoning district in the schedule entitled "Schedule B, Zoning Requirements"[1] as referenced within subsection 35-801.4b.

[1] Editor's Note: Schedule B, referred to herein, may be found as an attachment to this Chapter.

b. The lot must abut and have direct driveway access either to County Road, East Clinton Avenue, Engle Street, Hudson Avenue, Knickerbocker Road, Riveredge Road, West Clinton Avenue or Westervelt Avenue; and

c. The lot must have a single-family detached dwelling situated thereon.

§ 35-814.2 Definitions.

[Ord. No. 02-20 § 814B]

As used in this section.

AFFORDABLE ACCESSORY APARTMENT

Shall mean a self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance which is created to be occupied by a "low" or "moderate" income household in accordance with the applicable provisions of the "Substantive Rules" of the New Jersey Council On Affordable Housing (COAH) at N.J.A.C. 5:93-1, et seq. The "Affordable Accessory Apartment" may be created within an existing dwelling unit, may be created within an existing structure on the lot or be an addition to an existing home or accessory building.

§ 35-814.3 Requirements.

[Ord. No. 02-20 § 814C]

All "Affordable Accessory Apartments" shall meet the following requirements:

a. The "Minimum Yards" specified for the subject zoning district in the schedule entitled "Schedule B Zoning Requirements"[1] as referenced within subsection 35-801.4b, shall be adhered to, provided that any existing yard dimension that is less than a minimum required dimension shall be permitted to remain, but shall not be made less by providing the "Affordable Accessory Apartment."

[1] Editor's Note: Schedule B, referred to herein, may be found as an attachment to this Chapter.

b. All "Affordable Accessory Apartments" shall comply with all applicable statutes and regulations of the State of New Jersey in addition to all local building codes.

c. The "Affordable Accessory Apartment" shall be rented only to a household which is either a "low" or a "moderate" income household at the time of occupancy of the unit.

d. The "Affordable Accessory Apartment" shall, for a period of at least 10 years from the date of the issuance of a Certificate of Occupancy, be rented only to "low" or "moderate" income households.

e. Rents of "Affordable Accessory Apartments" shall be affordable to "low" or "moderate" income households in accordance with the applicable provisions at N.J.A.C. 5:93-7.4 of COAH's "Substantive Rules," and shall specifically include an allowance for utilities in accordance with N.J.A.C. 5:93-7.4(h).

f. No more than 10 "Affordable Accessory Apartments" shall be permitted within the Borough of Tenafly.

g. There shall be a recorded deed or declaration of covenants and restrictions applied to the property upon which the "Affordable Accessory Apartment" is located running with the land and limiting its subsequent rental to the requirements of paragraph d and e hereinabove.

h. Each "Affordable Accessory Apartment" shall have living/sleeping space, cooking facilities, a kitchen sink and complete sanitary facilities for the exclusive use of its occupants. It shall consist of no less than two rooms, one of which shall be a full bathroom.

i. The "Affordable Accessory Apartment" shall have a separate door with direct access to the outdoors.

j. The "Affordable Accessory Apartments" shall be affirmatively marketed as "low income housing" to households within the "Northeast Housing Region" consisting of Bergen, Hudson, Passaic and Sussex Counties, in accordance with COAH's "Substantive Rules" and the "Affirmative Marketing Plan" provisions in subsection 35-814.6.

k. In the case of an existing accessory apartment previously created illegally on the subject property, the owner is entitled to legitimize the accessory apartment as an "Affordable Accessory Apartment" under the terms of this chapter, provided that all of the requirements of this chapter and all related COAH criteria shall apply.

§ 35-814.4 Administration of the "Affordable Accessory Apartment" Program.

[Ord. No. 02-20 § 814D]

The Borough of Tenafly designates the Borough Administrator, or his substitute appointment by resolution, as the "administrative entity" to administer the "Affordable Accessory Apartment" program in accordance with the following:

a. The administrative entity shall administer the "Affordable Accessory Apartment" program including advertising, income qualifying prospective renters, setting rents and annual rental increases, maintaining a waiting list, distributing the subsidy, securing Certificates of Occupancy, qualifying properties, handling application forms, filing deed restrictions and monitoring reports, and affirmatively marketing the "Affordable Accessory Apartment" program; and

b. The administrative entity shall only deny an application for an accessory apartment if the project is not in conformance with COAH's requirements and/or the provisions of this chapter. All denials shall be in writing with the reasons clearly stated.

§ 35-814.5 Application Procedures.

[Ord. No. 02-20 § 814E]

Each application for the creation of an "Affordable Accessory Apartment" shall submit the following information to the administrative entity:

a. A sketch of floor plan(s) showing the location, size and relationship of both the "Affordable Accessory Apartment" and the primary dwelling within the building or in another structure;

b. Rough elevations showing the modification of any exterior building facade to which changes are proposed; and

c. A site development sketch 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 natural or man-made conditions which might affect construction.

§ 35-814.6 Affirmative Marketing Plan.

[Ord. No. 02-20 § 814F]

The administrative entity shall be responsible to prepare and execute an "Affordable Accessory Apartment" marketing plan which shall, at a minimum, consist of the following:

a. At least one well publicized public meeting to be held in the Borough of Tenafly Municipal Building to discuss and explain the "Affordable Accessory Apartment" program;

b. A large poster highlighting the main features of the "Affordable Accessory Apartment" program to be prepared and hung in the Borough of Tenafly Municipal Building at all times; and

c. The issuance of periodic press releases to the Bergen Record and to the official newspapers of the Borough of Tenafly regarding the "Affordable Accessory Apartment" program in order to further inform the public regarding the program.

§ 35-814.7 Progress Report to COAH.

[Ord. No. 02-20 § 814G]

In accordance with N.J.A.C. 5:93-5.9(f) of COAH's "Substantive Rules," the Borough Council shall submit a report to COAH two years from the date of the "Final Judgment of Compliance and Repose" documenting the municipality's progress in providing "Affordable Accessory Apartments" as permitted by this chapter in accordance with the Borough's "Fair Share Plan."

§ 35-815 SUPPLEMENTAL REGULATIONS GOVERNING AGE-RESTRICTED HOUSING; ASSISTED LIVING AND/OR CONGREGATE CARE HOUSING; AND NURSING HOMES.

[Ord. No. 04-26 § 7; Ord. No. 12-13]

In addition to the regulations set forth in Schedule B,[1] the following shall apply:

a. Age-restricted housing units shall be defined as dwelling units designed to meet the needs of persons 55 years of age and older.

b. Density for the above uses shall be as follows:

1. For age-restricted housing: 15 units per acre;

2. For assisted living housing and nursing homes: 60 beds per acre.

c. Occupancy for age-restricted housing shall be limited to residents who are minimally 55 years of age, provided that one spouse may be less than 55 years old if the other spouse is minimally 55 years of age, and further provided that someone visiting who is less than 55 years of age may stay for a period of time not to exceed three consecutive weeks.

d. Permitted accessory uses for assisted living, congregate care and nursing homes shall include those uses which are customarily associated with elderly housing facilities, such as personal and recreational services and small gift and necessity shops solely for use of the elderly community or their visitors.

[1] Editor's Note: Schedule B, referred to herein, may be found as an attachment to this Chapter.

§ 35-816 CRITICAL AREAS; STEEP SLOPED AREAS.

§ 35-816.1 Purposes.

[Ord. No. 10-24 § 32]

The purpose of regulating "steep sloped areas" as "critical areas" in the Borough of Tenafly is to prevent, or reduce, the problems resulting from the development of such "steep sloped areas" including, but not limited to, the following: increased soil erosion and storm water runoff; loss of existing vegetation, which stabilize the soils on "steep sloped areas;" increased costs for development, maintenance and remediation of problems; blasting of bedrock; removal of topsoil and other soil; and degradation to the visual aesthetics of ridges and hillsides.

§ 35-816.2 Specific Regulation.

[Ord. No. 10-24 § 32]

Development, including stripping of vegetation, grading or other soil disturbances, throughout the Borough of Tenafly shall occur only on those portions of a lot or tract outside the "steep sloped area," except as otherwise specifically permitted by ordinance, and except further as follows:

a. No area with topographic slopes 25% or greater in grade shall be disturbed or developed.

b. No area with topographic slopes from 15% to 25% may be disturbed or developed, except that, in specific situations and for good cause shown by the applicant, an area equivalent to no greater than 15% of the total lot or tract area may be developed, disturbed or re-graded, where the Borough Engineer, in consultation with the Planning Board if deemed necessary, determines the following:

1. Soil erosion, land disturbance and other environmental concerns have been adequately addressed by the applicant;

2. The "Performance Standards" in subsection 35-816.3 hereinbelow have been satisfied; and

3. The applicant has submitted "Grading," "Drainage" and "Landscaping" plans for the entire lot or tract of land to be developed each in accordance with the requirements specified in subsection 35-816.4 hereinbelow, which plans confirm conformance with the aforementioned "Performance Standards," and which further confirm that the rate and velocity of the surface water runoff from the entire site which will result following completion of the proposed development, shall not exceed that which currently exists in the predevelopment conditions.

c. An applicant may seek relief from these requirements by variance granted by the Planning Board or by the Zoning Board of Adjustment, as the case may be, provided that the applicant shall address paragraphs b1, b2 and b3 of this subsection hereinabove to the satisfaction of the Board.

§ 35-816.3 Performance Standards.

[Ord. No. 10-24 § 32]

The Borough Engineer, when reviewing an application to disturb slopes from 15% to 25% in accordance with paragraph b of subsection 35-816.2 hereinabove, or the Planning Board or the Zoning Board of Adjustment, as the case may be, when reviewing an application for variance relief from the requirements of this section pursuant to subsection 35-816.2c hereinabove, shall be guided by, but not limited to, the following performance standards:

a. The applicant shall demonstrate that the disturbance of the "steep sloped area" is necessary for the proposed development of the subject tractor lot, and that such development is otherwise in accordance with the applicable ordinance provisions of the Borough of Tenafly;

b. The applicant shall demonstrate that the proposed development has utilized the "non-critical areas" of the tract to the extent reasonably practicable and that an attempt has been made to minimize the disturbance of the "steep sloped areas" by limiting development to either isolated area(s) of steep slopes and/or to those slopes with relatively less of a steep grade;

c. The applicant shall demonstrate that appropriate revegetation and landscaping of the disturbed "steep sloped areas" has been provided to adequately stabilize the slopes and enhance the attractiveness of the site, all in accordance with accepted soil conservation and stormwater management techniques as promulgated by the Bergen County Soil Conservation District and the Borough Engineer;

d. The applicant shall demonstrate that the proposed disturbance of the "steep sloped area" minimizes the impairment of the visual quality of the site and protects the higher elevations along hillsides, ridges and mountain tops which create visual amenities;

e. The applicant shall demonstrate that the environmental impacts resulting from the proposed development will be satisfactorily controlled in a manner acceptable to the Borough Engineer, so that soil erosion, excess stormwater runoff, degradation of water quality, concentration of stormwater and water flow, and flooding do not occur; and

f. The applicant also shall demonstrate that:

1. Endangered or threatened plants and wildlife will not be harmed;

2. The geologic disturbance, including blasting, cutting or excavating, resulting from the development of any "steep sloped area" will be satisfactorily mitigated; and

3. The cost of providing and maintaining public facilities and services to those areas where "critical steep sloped areas" may be disturbed will not be substantially increased as a result of such disturbance.

§ 35-816.4 Submission of Grading, Drainage and Landscaping Plans for Steep Sloped Areas.

[Ord. No. 10-24 § 32]

Any applicant proposing to disturb topographic slopes equal to or exceeding a 15% grade in the Borough of Tenafly shall submit the following information to the Borough Engineer or to the Planning Board or the Zoning Board of Adjustment, as the case may be, and all submitted plans, details and calculations shall be prepared, signed, and sealed by a New Jersey licensed professional engineer:

a. A steep slope analysis, including the following and utilizing the best available topographic information, provided that the Borough Engineer may require additional information, including, but not limited to, an on-site topographic survey utilizing a five-foot contour interval or spot elevations on the site to document "steep sloped areas:"

1. Existing contours at two-foot intervals, with the following groups of slopes clearly delineated by shading: areas of slopes with grades from zero up to, but not including, 15%; areas of slopes 15% up to, but not including, 25%; and areas of slopes 25% and greater; and

2. The proposed grading plan superimposed on the existing contours, also shown at two-foot intervals, and also with the three groups of slopes noted in paragraph a1 above in this subsection appropriately shaded.

b. The grading plan, which shall be prepared at a minimum scale of one inch equals 50 feet, including the following information in addition to all other applicable requirements of the Land Development Regulation.

1. Plans showing the location of, and details for, all drainage devices, retaining walls, cribbing, dams or other protective devices to be constructed, and any existing or proposed swales, ditches, brooks or other drainage patterns;

2. Plans, profiles, cross-sections, and details of all retaining walls showing the height of each wall, the elevation at the top and bottom of each wall, the materials to be used, a profile and cross-section of each wall, any proposed plantings, any safety barriers, the calculations of anticipated earth and hydrostatic pressures and surcharges, and the calculations detailing the design of each wall; and

3. The limits of clearing and disturbance, which shall be held to be the maximum permitted on the site.

c. Drainage plans and supporting computations for any storm drainage system, including the following information as may be required by the Borough Engineer:

1. All existing or proposed storm sewer lines within or adjacent to the tract, showing the profile, size and slope of the lines, the direction of flow, and the location of each catch basin, inlet, manhole, culvert, headwall and utility line, including pipe sizes and grades;

2. A map, drawn to scale (minimum scale one inch equals 100 feet, showing the contributing area to each inlet or cross drain;

3. The weighted runoff coefficient for each drainage area that was utilized in the submitted computations; and

4. A report by the design engineer containing the design criteria used, the alternates considered, the reasons for the final selections and the design calculations.

d. Landscaping plans, indicating the following information:

1. The proposed limits of disturbance of the subject site;

2. All existing and proposed vegetation within the area to be disturbed; and

3. A specific identification within the area to be disturbed of all individual trees or groups of trees which have a caliper of six inches or more measured three feet above the ground level, with an indication of which trees are to remain and which are to be removed.

e. Any additional information that is deemed necessary by the Borough Engineer to evaluate the site conditions where the effects of the disturbance to the "steep sloped areas" may pose special problems for the tract and/or for the surrounding area.

§ 35-817 through § 35-820. (RESERVED)