Borough of Old Tappan, NJ Planned Residential Development

The purpose of this district is to encourage the production of low- and moderate-income housing in conformance with the latest procedural and substantive rules for affordable housing as determined by the courts or other applicable authority, by permitting inclusionary townhouse and multifamily development subject to the PRD-2 regulations enumerated herein. This article is created in fulfillment of a settlement agreement by and between the Borough of Old Tappan, New Jersey, and the Fair Share Housing Center in connection with the Borough of Old Tappan's declaratory judgment action captioned "In the Matter of the Application of the Borough of Old Tappan" bearing docket number BER-L-6086-15 pursuant to In re the Adoption of N.J.A.C. 5:96 and 5:97 by the Council on Affordable Housing, 221 N.J. 1 (2015).

§ 255-109 Relationship to other Old Tappan land development ordinances.

Development within the PRD-2 District shall be governed by the Old Tappan Code, except where the provisions of the Residential Site Improvement Standards supersede or as specified in this Article XXII, §§ 255-108 through 255-121. Where the standards set forth herein in Article XXII, §§ 255-108 through 255-121 conflict with any applicable provisions of Chapters 205, 213, 218, and 255, the standards of this Article XXII, §§ 255-108 through 255-121 shall apply.

§ 255-110 Definitions.

The definitions provided by § 255-4 shall apply within the PRD-2 District, except as indicated herein. The following definitions shall apply only within the PRD-2 District, shall supplement any nonconflicting definitions within § 255-4, and shall supersede any conflicting definitions within § 255-4.

APARTMENT

A dwelling unit in a building containing three or more family or household units.

EXTERNAL TRACT LOT LINE

The boundary between the tract and any parcel outside the PRD-2 District.

INTERNAL TRACT LOT LINE

The boundary between any two or more lots created by subdivision and located entirely in the PRD-2 District.

MIXED-USE LOT

Refers to a subdivided portion of the tract, constituting a lot, on which mixed-use development as permitted by § 255-111C is or is to be located.

MULTIFAMILY DWELLING

A building exclusively for apartments with a flat roof.

MULTIFAMILY DWELLING HEIGHT

The vertical distance of exposed wall measured from the lowest finished grade at each given point at the building wall to the elevation of the roof deck at that same given point. Any parapet, structure, apparatus, utilities, and/or equipment located on the roof may extend no more than four feet above the permitted multifamily dwelling height, with the exception of elevator overrides, which may extend no more than six feet above the permitted multifamily dwelling height.

MULTIFAMILY DWELLING LOT

Refers to a subdivided portion of the tract, constituting a lot, on which multifamily dwelling(s) are or are to be located.

PARKING SPACE

A space available for the parking of a motor vehicle.

TOWNHOUSE

A portion of a building or structure designed for, or occupied by, no more than one family or household, having its own private entrance, and attached to one or more townhouses within the same building or structure by one or more party walls. Portions of townhouses may be located above another townhouse (i.e., a stacked townhouse).

TOWNHOUSE BUILDING HEIGHT

The vertical distance of any exposed building wall measured from the lowest finished grade at the building wall to the peak of a sloped roof. Any parapet, structure, apparatus, utilities, and/or equipment located on the roof may extend no more than four feet above the permitted townhouse building height.

TOWNHOUSE LOT

A subdivided portion of the tract, constituting a lot, on which townhouses are or are to be located.

TRACT

The entirety of land within the PRD-2 District.

§ 255-111 Principal permitted uses.

Permitted uses shall be limited to the following:

Townhouses may have a maximum of three bedrooms.

Apartments, either within a multifamily dwelling or on the upper levels of a building with nonresidential development on the first floor. Market-rate apartments throughout the tract shall have a maximum of up to 20% three-bedroom units, a minimum of 20% one-bedroom units, and a maximum of 80% two-bedroom units.

Mixed-use development consisting of ground floor nonresidential development as permitted within the B-1, Local Business District, and apartment lobby, with apartments above, located within only that portion of the property with direct frontage on Old Tappan Road, subject to the minimum area and bulk requirements of the PRD-2 Zone. Drive-throughs shall be permitted for any permitted nonresidential use component of mixed-use development, with the exception of restaurant or refreshment stands.

Multiple principal permitted uses are permitted on a single lot or tract within the PRD-2 District.

§ 255-112 Permitted accessory uses.

Any use which is ordinarily subordinate and customarily incidental to the principal permitted uses allowed in the PRD-2 Zone, including but not limited to the following:

(1)

Generators.

(2)

Waste and recycling receptacles, storage areas and/or enclosure areas.

(3)

Any use customary and incidental to the residential component of a permitted principal use.

Signs.

Fences.

Retaining walls.

Temporary sales and construction trailers.

In addition to the above, the following accessory uses shall be permitted accessory uses to the multifamily dwelling:

(1)

Recreational facilities, clubhouses, lobbies, fitness facilities, outdoor barbecues, fire pits, gazebos, leasing and management offices, club rooms, lounges, libraries, business centers, game rooms, pool rooms, community gardens, rec rooms, children's play rooms, private theater rooms, community kitchens for tenant use, bath houses, locker rooms, mail rooms, package storage areas, valet spaces, or related mechanical equipment, and similar interior tenant amenities.

(2)

Sports facilities, including but not limited to fields, courts, putting greens and swimming pools.

(3)

Playground facilities.

(4)

Dog park or dog run.

(5)

Dog spa or grooming facility, not including boarding or veterinarian services, only for the pets of residents of the multifamily dwelling.

(6)

Storage spaces unattached to the units, but used by occupants of units, which are incorporated into the multifamily dwelling.

(7)

Parking structures incorporated into the multifamily dwelling for storage of vehicles and loading area spaces. Such parking structures shall not be subject to § 255-42A or § 255-43.

§ 255-113 Tract bulk requirements.

Minimum tract size: 19 acres.

Subdivision. The tract may be subdivided into up to three smaller lots. To the extent necessary, access, drainage, and utilities to subdivided lots shall be provided for via cross-easements. Each lot to be created via subdivision must provide parking sufficient to support the use thereon. The subdivided lots shall have the following minimum acreage as follows:

(1)

Mixed-use lot: 2.0 acres.

(2)

Multifamily dwelling lot: 4.5 acres.

(3)

Townhouse lot: 11.0 acres.

Maximum site building and impervious coverage. The maximum building coverage of all structures shall not exceed 65% of the tract. The total impervious coverage shall not exceed 80% for the total site development on the tract.

Minimum setbacks from external tract lot lines (feet)*:

(1)

Front yard (fronting on Old Tappan Road): 50.

(2)

Side yard: 25.

(3)

Rear yard: 25.

*Note: All setbacks shall be measured from the external tract lot lines and not from internal lot lines. Balconies and decks may extend into a required setback by no greater than six feet for balconies and 10 feet for decks. Retaining walls, sidewalks, public or private streets, walkways, railings, perimeter fences, freestanding signs, parking spaces, driveways, patios, pathways, appurtenances such as HVAC units, stationary generators, pedestrian structures such as stairs, pads, roof overhangs, trash enclosures, above- and below-ground stormwater detention basins and/or facilities, and underground utilities as needed, landscaping, and lighting shall be permitted within the setbacks and buffers.

Minimum setbacks from internal tract lot line (feet): 0. No internal setbacks or buffers shall apply to any structure, parking, public or private street, or driveway internal to the tract as a whole, regardless of subdivision, except as required by New Jersey building and/or New Jersey Fire Codes.

Minimum setback between front of residential building and internal roadways (feet): 10. Notwithstanding the foregoing, the access driveway into the parking garage or dropoff area of the multifamily building may be within this setback.

Minimum landscaped buffer area: a minimum planted landscape buffer equal to 10 feet maintained along external tract lot lines. No buffer area shall be required in the Front Yard or along internal tract lot lines. Such buffer shall be required to provide year-round visual screening as determined by the Planning Board. All buffers shall be measured from the external tract lot lines and not from internal lot lines. Retaining walls, perimeter fences, and underground utilities as needed, and landscaping, shall be permitted within the buffers.

Section 255-47 shall not apply in the PRD-2 District.

Section 255-54H shall apply in the PRD-2 District, with the exception that it shall not apply to multifamily dwellings and mixed-use development. Townhouses shall comply with § 255-54H(5) and (6) and the following standards:

(1)

Exterior stationary generators, air-conditioner compressors or units are permitted as accessory uses;

(2)

The footprint of stationary generators, air-conditioner compressors or units may not exceed 10 square feet. Stationary generators cannot be located within the required front yard setback and must be located a minimum of 10 feet from the property line.

(3)

Stationary generators, air-conditioner compressors or units may only be powered by natural gas, propane or diesel fuel.

(4)

Stationary generators, air-conditioner compressors or units are required to be screened.

§ 255-114 Residential area and bulk requirements.

Maximum density. The total number of residential units on the tract shall not exceed 229 units.

Townhouse bulk requirements.

(1)

Minimum distance between buildings, measured building wall to building wall (feet): 20. Side entrances, and associated stoops, overhangs, covered stairs, and porches are permitted to be within this minimum distance.

(2)

Maximum number stories and townhouse building height: three stories/35 feet.

(a)

Notwithstanding the foregoing, a maximum of 15 townhouses along a rear or side yard may have a townhouse building height of 40 feet.

(3)

The minimum horizontal offset between market-rate townhouse unit fronts shall be no less than two feet for at least every two attached units.

(4)

The maximum number of market-rate townhouses permitted within a townhouse building shall be no greater than six; unless the townhouses are stacked, in which case 12 market-rate townhouses shall be permitted within a townhouse building. Notwithstanding the foregoing, no more than 12 affordable townhouses shall be permitted within a townhouse building.

Multifamily bulk requirements.

(1)

Maximum number stories and multifamily dwelling height (feet): three stories/35 feet, notwithstanding the foregoing:

(a)

The multifamily dwelling height may be no more than 40 feet in height along a maximum of 125 feet of the multifamily dwelling facade along a rear or side yard; and

(b)

The multifamily dwelling height at one garage entrance to the multifamily dwelling, extending 25 feet in both directions from the center line of the driveway, may not exceed 46 feet in height.

(2)

Maximum multifamily dwelling length for any single building wall, to be measured as the length of any one wall of a multifamily dwelling, shall not exceed 330 feet in length, provided there is a significant offset of at least 3.5 feet.

§ 255-115 Multifamily dwelling and mixed-use development architectural design requirements.

The following architectural design standards set forth in this § 255-115 shall apply to multifamily dwellings and mixed-use development in the PRD-2 Zone.

Facade design.

(1)

Horizontal articulation between floors. Each mixed-use facade facing a public right-of-way should be designed to have a delineated floor line between street level and upper floors. This delineation can be in the form of a masonry belt course, a concrete lintel or a cornice line delineated by detailing.

(2)

Vertical articulation. Each building facade facing a public right of way must have elements of vertical articulation comprised of columns, piers, recessed windows or entry designs, overhangs, ornamental projection of the molding, or recessed portions of the main surface of the wall itself. The vertical articulations shall be designed in accordance with the following:

(a)

Each vertical articulation must be a maximum of 40 feet apart.

(b)

Each vertical articulation must be a minimum of one foot deep.

(c)

Each projection, excluding projections of the main wall surface that are not designed as overhangs, may extend into the required front yard a maximum of two feet in depth.

(d)

Building walls with expansive blank walls are prohibited on any Non- residential and/or mixed-use building facade facing Old Tappan Road.

(3)

Fenestration.

(a)

At least 30% of the first floor primary building frontage used for retail or office shall be clear window glass permitting a view of the building(s) interior. This percentage shall be calculated within the area of the building facade that is located between three feet and 10 feet above sidewalk level.

(b)

Doors and windows in retail and office uses should cover a minimum of 40% of the building frontage on the street level.

(c)

A minimum of 40% of the front door in retail and office uses shall consist of glass in order to maximize the visibility of the store interior.

(d)

Recessed entries are encouraged to create additional pedestrian environs, provide shelter for sidewalk patrons and enlarged windows in the district.

Materials.

(1)

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

(a)

The primary material shall cover at least 50% of the facade of the building.

(b)

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

(c)

Accent materials may include door and window frames, lintels, cornices and other elements and may cover no more than 10% of the facade.

Roof lines/building height.

(1)

The provisions of this § 255-115C shall apply to all buildings that do not have a sloped roof. The top of such buildings must be capped by a cornice.

(2)

An additional four feet in height for ornamentation such as parapets and cornices is permitted. This additional height is only permitted along a maximum of 66% of the facade to encourage a varying roof line.

(3)

In addition to § 255-115C(2) above, for each portion of a building that provides cornices and similar appurtenances for ornamental purposes, such elements may not be more than 25 feet in length each.

(4)

All roof-mounted equipment shall be screened from public view by use of parapet walls.

Awnings and canopies.

(1)

Canopies and awnings are encouraged at the ground floor level.

(2)

In buildings with multiple storefronts, all awnings or canopies shall be designed of compatible materials.

(3)

Awnings and cornices shall be designed with a minimum vertical clearance of seven feet and shall not extend more than five feet from the face of the building.

(4)

Awnings and canopies are permitted to encroach within the front yard setback.

§ 255-116 Parking requirements.

The number and dimensions of parking spaces required by the Residential Site Improvement Standards shall be provided for parking for the affordable and market townhouses.

A minimum of 1.8 parking spaces per affordable and market apartment shall be provided.

Parking for mixed-use development incorporating residential over nonresidential uses shall be in accordance with the following standards:

(1)

A minimum of one space for every 250 square feet of ground floor nonresidential building area.

(2)

A minimum of 1.8 parking spaces per apartment shall be required for the residential development component of mixed-use development permitted in the PRD-2 Zone.

To the extent any waiver, exemption, or exception is required from the Residential Site Improvement Standards due to an inconsistency with this zoning, the Borough Planning Board may liberally grant such waiver, exemption, or exception so as to refrain from imposing cost-generative requirements upon the application and/or development.

Required off-street parking for affordable townhouse units shall be provided per RSIS standards within 250 feet of said units. All exterior parking shall be landscaped, screened, and lighted, where appropriate.

The width of all aisles or driveways providing access to individual parking stalls servicing townhouse buildings and multifamily dwellings shall be in accordance with the Residential Site Improvement Standards.

The width of all aisles or driveways providing access to individual parking stalls servicing nonresidential and/or mixed-use buildings in the PRD-2 District shall be as follows:

Type of Parking	Width of Aisles or Driveways (feet)
Parallel parking	12
30° angle	12
45° angle	13
60° angle	18
Perpendicular parking	24

The dimensions of parking spaces servicing multifamily dwellings, nonresidential and mixed-use buildings in the PRD-2 District shall be nine feet by 18 feet.

Access shall be subject to § 218-24, except to the extent that such provisions are subject to the jurisdiction of another governmental entity.

On-site circulation shall be designed to provide for an interconnected emergency access circulation system throughout the site, so as to promote the ability for emergency services vehicles to circulate through the development site.

There shall be no charge for parking designated for affordable housing units within the development.

§ 255-117 Nonresidential and mixed-use area and bulk requirements.

Mixed-use development must front on Old Tappan Road.

Maximum commercial ground floor area of tract (square feet): 21,000.

Maximum number of stories and building height: two stories/35 feet.

§ 255-118 Signage.

Residential development. Signs in the PRD-2 District for exclusively residential development shall be restricted in the same manner as signs in other residential zones except that one sign for the main entrance shall be permitted for each development type (i.e., townhouse and multifamily), provided the number of monument signs shall not exceed two, or one per development type. Each main entrance sign shall be a ground sign, shall not exceed 30 square feet in area, shall not have a display height greater than two times the width or vice versa, and shall be erected so that the distance from the top of the sign to the ground shall not exceed eight feet, excluding any monument or structure to which the sign is affixed. Landscaping shall be provided at the base of such signage. Such signage may be internally or externally illuminated subject to the approval of the Planning Board.

One temporary wall sign shall be permitted on the multifamily dwelling, until such time as all townhouses are sold and all apartments are rented. Such wall sign shall not exceed a total of 30% of that building face upon which such wall sign is to be mounted, including the window area. Any building number signs required by the municipality shall not be subject to this limitation on the number of permitted wall signs.

Temporary banners, pennants, and bunting. Banners, streamers, pennants and/or bunting used for sales or marketing purposes of the residential units in the PRD-2 Zone shall be permitted, provided they do not exceed three feet in height, do not cross a public street, and shall be removed upon the sale of all townhouses and lease of all apartments.

Nonresidential and mixed-use development. Signage for nonresidential and mixed-use development shall be permitted in accordance with § 255-81C.

Entrance, exit and other directional signs. Entrance, exit, other signs directing the flow of traffic, wayfinding signs, building identification signs, parking restriction and other community restriction signs shall be permitted for residential, nonresidential, and mixed-use development, provided that such signs shall not exceed nine square feet in area, shall not have a display height greater than two times the width or vice versa, and the distance from the bottom of the sign to the ground shall not be more than five feet. Internal monument signs shall also be permitted, provided they do not exceed eight square feet in area. External and/or internal illumination shall be permitted for such directional and monument signs.

The area of a sign face shall be computed by drawing a square or rectangle that encompasses the extreme limits of the verbiage, logo, or emblem.

§ 255-119 Site design requirements.

Landscaping.

(1)

Landscaping shall be provided to promote a desirable visual environment, to accentuate building design, define entranceways, screen parking areas, mitigate adverse visual impacts and provide windbreaks for winter winds and summer cooling for buildings, and enhance buffer areas. The impact of any proposed landscaping plan at various time intervals shall be considered.

(2)

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.

(3)

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.

(4)

All areas that are not improved with buildings, structures and other man-made improvements shall be landscaped with trees, shrubs, ground cover, mulch, or lawn.

(5)

Shade trees should be a two-and-five-tenths- to three-inch caliper with a canopy height of at least the minimum American Nursery and Landscape Association Standards for this caliper.

(6)

Ornamental trees shall be installed at a minimum size of six feet in height.

(7)

Shrubs shall be planted at a minimum size of 18 inches to 24 inches.

(8)

All plant material shall meet the minimum latest American Nursery and Landscape Association Standards.

(9)

Pursuant to § 218-36(F), there shall be not less than one shade tree for every 10 parking spaces; however, such shade trees may be provided throughout the PRD-2 District tract and need not be limited to off-street parking areas.

(10)

Landscaping islands pursuant to § 218-54B and C shall not be required, provided the following design specifications shall apply to the landscaping of parking lots:

(a)

Shade trees shall be provided in all parking areas which provide parking for 20 or more vehicles. The shade trees can be placed in parking islands or along the perimeter of the parking area. There shall not be less than one shade tree for every 10 parking spaces.

(b)

Where parking lot islands are to be planted, they shall be a minimum width of six feet from the interior edge of curb to curb.

(c)

The minimum depth of acceptable backfill in parking island planters shall be two feet for shrubs and four feet for trees, unless poor drainage conditions exist, upon which modifications are permitted.

Buffer areas. Buffers shall comply with the following standards:

(1)

Buffer planting shall provide a year-round visual screen in order to minimize adverse impacts from a site on an adjacent property or from adjacent areas. It may consist of evergreen and deciduous trees and shrubs, berms, boulders, mounds, or combinations thereof to achieve the stated objectives as approved by the Planning Board. While fencing may be installed to delineate the property line, the use of fencing or walls shall not be relied upon as the primary source of screening.

(2)

Where required, buffers shall be measured from property lines and street rights-of-way. Compliance shall be determined by the Planning Board, and any approvals required pursuant to this section shall be obtained at the time of site plan and subdivision review. Buffer areas may overlap required setbacks.

(3)

The landscaping shall be designed to provide a visual screen along the majority of the buffer area. Planting shall be installed at a variety of sizes which conform to the following minimum sizes:

Type of Planting	Minimum Size
Shade trees	2 1/2- to 3-inch caliper
Evergreen trees	7 to 8 feet
Shrubs	18 to 24 inches

(4)

Existing vegetation within the required transition buffer shall be preserved, as determined appropriate. It shall be supplemented with shade-tolerant, naturalistic, massed plantings where necessary to provide screening of adjoining land uses.

(5)

Irrigation shall be provided for all buffer plantings and sodded lawn areas in a manner appropriate for the specific plant species. A growth guarantee of two growing seasons shall be provided, and all dead or dying plants shall be replaced by the applicant, as required, to maintain the integrity of the site plan.

Landscape plantings. A minimum of 30% of the plantings proposed shall be indigenous to the region.

Section 218-10I shall only apply to the street line along Old Tappan Road within the PRD-2 District.

Landscape plan content. A landscape plan shall be submitted with each major site plan or major subdivision application. In addition to the major site plan or subdivision submission requirements, the landscape plan shall include and identify the following information:

(1)

Existing and proposed underground and aboveground utilities such as site lighting, transformers, hydrants, manholes, valve boxes, etc., existing wooded areas, rock outcroppings and existing and proposed water bodies.

(2)

Individual existing trees to be preserved within the limits of disturbance shall be shown on the landscape plan. Indicate all existing vegetation to be saved or removed.

(3)

A plant schedule indicating botanical name, common name, size at time of planting (caliper, height and spread), quantity, root condition and any special remarks (spacing, substitutions, etc.) for all plant material proposed. Plants within the plant schedule shall be keyed to the landscape plan utilizing the first letter of the botanical plant name.

(4)

Planting and construction details and specifications.

Lighting.

(1)

All lighting fixtures and footcandle standards for parking areas and recreation facilities should be consistent with the standards outlined by the Illuminating Engineering Society of North America (IESNA) and regulations of the Borough of Old Tappan.

(2)

A lighting plan prepared by a qualified individual shall be provided with site plan applications.

(3)

The intensity, shielding, direction and reflecting of lighting shall be subject to site plan approval by the approving authority.

(4)

All parking areas, walkways, building entrances, and driveways required for uses in this zone shall be adequately illuminated during the hours of operation that occur after sunset. Any adjacent residential zone or use shall be shielded from the glare of illumination from site lighting and automobile headlights.

Sidewalks. Notwithstanding the Residential Site Improvement Standards, sidewalks shall be required on one side of the internal private streets servicing residential development within the tract. To the extent any waiver, exemption, or exception is required from the Residential Site Improvement Standards due to an inconsistency with this zoning, the Borough Planning Board may liberally grant such waiver, exemption, or exception so as to refrain from imposing cost-generative requirements upon the application and/or development.

In public rights-of-way. Sidewalks shall be required along adjoining public rights-of-way, as required by RSIS standards or as deemed appropriate by the Board.

Fencing. Fences may be up to six feet in height above the finished grade elevation. There is no limit on length in any continuous direction that a fence may extend. Fencing shall not be located within the front yard.

Soil movement.

(1)

Soil removal. Notwithstanding § 218-10E, to the extent excess topsoil remains after redistribution so as to provide at least six inches of cover, such excess topsoil may be removed from the site or used as spoil. Topsoil that is redistributed within the tract shall be stabilized by seeding or planting to ensure that it will remain in place and free from erosion.

(2)

Soil importations. Any importation of soil in a quantity greater than 50 cubic yards or more (for the entire project) shall be subject to registration of a disclosure statement by an applicant including the following information:

(a)

Identity of the source property of the fill material to be imported;

(b)

Full name and address of the owner of the source property of the fill material to be imported;

(c)

Certification that the fill material complies with NJDEP residential standards and information and documentation to support the certification, including that the source of the material is a quarry or other source not previously developed; if fill material is from a previously developed source, appropriate soil sampling documentation shall be provided;

(d)

Basis and/or reasons the fill material became available;

(e)

Nature, kind and composition of the fill material to be imported, including any reports or sampling results conducted on the fill material or material located in the area from which the fill material is obtained;

(f)

Quantity of fill material to be imported;

(g)

Full name and address of the contract hauler of the fill material; and

(h)

Location of the property within the Borough on which the fill material is to be deposited, and the full name and address of the owner of said property.

(3)

Bonding for soil movement shall be governed by the Municipal Land Use Law.

Recycled materials. Recycled concrete aggregate (RCA) and millings from on-site pavement may be utilized on-site. Concrete from the existing buildings can be crushed and utilized on-site as RCA and asphalt millings can be used on-site underneath roadways and driveways.

Utilities. Electric telephone and other public utility lines may be installed underground in the public right-of-way or above ground.

Retaining walls. To the extent possible, the use of retaining walls should be used in the form of two tiers to accommodate severe grade changes, rather than single tall retaining walls. Each tier shall be separated by at least three feet, measured from the face of the wall to the face of the wall. With the exception of one garage entrance to the multifamily dwelling, extending 25 feet in both directions from the center line of the driveway, no single retaining wall tier shall exceed an exposed height of six feet. Retaining wall systems shall include no more than two retaining wall tiers. Any fencing on top of a wall for safety or other reasons shall not be included in the calculation of retaining wall height. Ornamental walls utilizing loose laid stone may be provided throughout the site as appropriate up to a height of four feet.

Trash. All trash/recycling storage areas shall be enclosed on all four sides and screened. Trash may be stored inside and/or outside the buildings. Curbside pickup shall be permitted for townhouses.

Miscellaneous site plan design standards. Sections 218-29, 218-32, 218-35, 218-38 and 218-39 shall apply in the PRD-2 District.

Relief from any required site design standard enumerated under this section shall be considered a design standard exception pursuant to N.J.S.A. 40:55D-51(b) and not a variance.

§ 255-120 Application requirements.

Requirements.

(1)

Any application for development for any portion or the entirety of the PRD-2 District shall be submitted in accordance with the requirements of Chapter 45 and §§ 218-1 through 218-8 of the Borough Code, except as provided herein. Any application for development shall be deemed a planned residential development for purposes of calculating application fees pursuant to § 45-23 and escrow fees pursuant to § 45-25. For the avoidance of doubt, an application for development shall not also be subject to fees pursuant to Chapter 205 of the Old Tappan Code.

(2)

The application shall contain, in addition to the site plan application checklist provisions, a report detailing the following:

(a)

The total number of dwelling units by bedroom count and housing type. The density and intensity of use of the entire tract shall be noted.

(b)

The manner in which the proposed development complies with affordable housing requirements as required under the Uniform Housing Affordability Controls (UHAC) under N.J.S.A. 5:80-26.1 and this article.

(3)

In lieu of the application information specified in §§ 205-4 and 205-6, the applicant shall only be required to submit reasonable justification as to the quantity of soil movement proposed by the applicant. The applicant shall endeavor to truck soil on county roads to the greatest extent possible, and to avoid routes traveling past Old Tappan schools.

(4)

Following final site plan approval, and prior to any building permit being issued, the applicant shall be required to submit materials:

(a)

Pursuant to § 218-8A(7)(f) for review by the Municipal Attorney and the Planning Board Attorney to conformity with the resolution of approval; and

(b)

Pursuant to § 218-8B(18), only to the extent such items are to be included in the calculation of performance guarantees pursuant to N.J.S.A. 40:55D-53.

(5)

Because any application for development of permitted uses within the PRD-2 District is part of an "inclusionary development" within the meaning of the Mount Laurel doctrine, requests for checklist waivers, design waivers, or bulk variances from any standards imposed by the Old Tappan Code, and any de minimis exceptions from the Residential Site Plan Standards shall be reasonably granted by the Planning Board so as to refrain from imposing cost-generative requirements upon the application and/or development.

Application process. It is the intent of this article for the Planning Board to expedite its review of any application for development submitted for this zone within the time frames established under N.J.S.A. 40:55D-1 et seq. Application may be made simultaneously for preliminary and final subdivision and/or site plan approval. Notwithstanding Chapter 205, Soil Removal, §§ 255-72, and 255-76 of the Old Tappan Code, application for development to the Planning Board shall be deemed to also serve as an application for a soil movement permit and for fencing. The Planning Board has the sole authority to approve and issue soil movement permits and fencing applications in connection with any development proposed via site plan application. Planning Board approval of a site plan application shall also serve as Planning Board approval of fencing and soil movement. Section 218-7B(2)(a) shall not apply to any proposed use permitted in the PRD-2 District. To facilitate expediting such review, Article VII of Chapter 218 of the Borough Ordinance shall not apply to any application for development of permitted uses within the PRD-2 District. It is further the intent of this article to not require off-site or off-tract improvements for development, unless the need for such improvements arise from the development within the zone nor shall the approving authority require items deemed as "cost-generating" as defined by N.J.A.C. 5:93-10.1 et seq.

§ 255-121 Low- and moderate-income (Mount Laurel) housing requirements.

In accordance with the settlement agreement between the Borough of Old Tappan, New Jersey, and the Fair Share Housing Center in connection with the Borough of Old Tappan's declaratory judgment action captioned "In the Matter of the Application of the Borough of Old Tappan" bearing docket number BER-L-6086-15 pursuant to In re the Adoption of N.J.A.C. 5:96 and 5:97 by the Council on Affordable Housing, 221 N.J. 1 (2015), the following requirements for low-and moderate-income dwelling units shall apply. To the extent the terms of this Article XXII, §§ 255-108 through 255-121, are inconsistent with any of the provisions of Ordinance No. 1144-19 ("the Borough Affordable Housing Ordinance"), the terms of this Article XXII, §§ 255-108 through 255-121 shall control.

Low- and moderate-income (Mount Laurel) housing requirements:

(1)

Market-rate and minimum low- and moderate-income housing set-aside: The total number of affordable housing units shall not be less than 15% for rental units and 20% for for-sale units.

(2)

All affordable housing units shall be deed restricted as affordable units for a minimum of 30 years.

(3)

Except to the extent specifically provided for herein, all low- and moderate-income housing units shall be in conformance with the latest applicable rules for affordable housing as determined by the Council on Affordable Housing, the Uniform Housing and Affordability Controls Act, N.J.A.C. 5:80-26.1 et seq. ("UHAC"), the courts or other applicable authority, as determined appropriate, including such issues as phasing of building low- and moderate-income units in concert with market-rate units.

(4)

Bedroom distribution of low- and moderate-income housing units. Subject to the most current applicable COAH or other rules, the bedroom distribution of low- and moderate-income units for affordable units constructed in the PRD-2 Zone shall be as follows:

(a)

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

(b)

At least 20% of the low- and moderate-income units shall be three-bedroom units, one of which shall be affordable for a very-low-income unit.

(c)

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

(5)

Low- and moderate-income unit split. With regard to for-sale low-, and moderate-income units, 50% of all low- and moderate-income units shall be for moderate-income households, 37% shall be for low-income households, and 13% shall be for very-low-income households, at 30% of median income. With regard to rental low- and moderate-income units, at least 36% shall be for moderate-income households, at least 47% shall be for low-income households, and at least 15% shall be for very-low-income households, at 30% of median income.

(6)

Notwithstanding Article II and §§ 80-6D(7) and 80-9B of the Borough Affordable Housing Ordinance, initial rents and sale prices shall be established based on the income limits as most recently published by the Affordable Housing Professionals of New Jersey at the time such units are rented or sold. Income limits shall be updated by the Borough annually within 30 days of the publication of determinations of median income by HUD as follows:

(a)

Regional income limits shall be established for the region that the Borough is located within based on the median income by household size, which shall be established by a regional weighted average of the uncapped Section 8 income limits published by HUD. To compute this regional income limit, the HUD determination of median county income for a family of four is multiplied by the estimated households within the county according to the most recent decennial Census. The resulting product for each county within the housing region is summed. The sum is divided by the estimated total households from the most recent decennial Census in the Borough's housing region. This quotient represents the regional weighted average of median income for a household of four. The income limit for a moderate-income unit for a household of four shall be 80% of the regional weighted average median income for a family of four. The income limit for a low-income unit for a household of four shall be 50% of the HUD determination of the regional weighted average median income for a family of four. The income limit for a very-low-income unit for a household of four shall be 30% of the regional weighted average median income for a family of four. These income limits shall be adjusted by household size based on multipliers used by HUD to adjust median income by household size. In no event shall the income limits be less than those for the previous year.

(b)

The regional asset limit used in determining an applicant's eligibility for affordable housing pursuant to NJAC 5:80-26.16(b)(3) shall be calculated annually by taking the percentage increase of the income limits over the previous year's income limits, and applying the same percentage increase to the regional asset limit from the prior year. In no event shall the regional asset limit be less than that for the previous year.

(7)

Very-low-, low- and moderate-income consolidation permitted. Notwithstanding § 80-6C(1) of the Borough Affordable Housing Ordinance, within the PRD-2 District, very-low-, low- and moderate-income units may be consolidated into a single building or buildings. Such a building need not contain any market-rate units.

(8)

Mixed-use, very-low-, low- and moderate-income apartments may be located on the upper floors of buildings with nonresidential uses on the first floor. All such very-low-, low- and moderate-income apartments shall have access to the amenities of the multifamily dwelling.

(9)

Notwithstanding § 80-6B of the Borough Affordable Housing Ordinance, the first floor of all low- and moderate-income townhouses and all apartments shall be subject to the technical design standards of the Barrier Free Sub Code, N.J.A.C. 5:23-7. The technical design standards of the Barrier Free Sub Code, N.J.A.C. 5:23-7, shall exclusively control accessibility requirements in the PRD-2 District.

(10)

Notwithstanding § 80-8C of the Borough Affordable Housing Ordinance, the master deeds for inclusionary developments in the PRD-2 district may require differing sums as condominium or homeowner association fees and special assessments, provided the basis of calculating such sums is not the affordability of a unit or townhouse.

(11)

Construction of low- and moderate-income units associated with the townhouses shall be required to be undertaken in accordance with the phasing schedule established by N.J.A.C. 5:97-6.4(d). Construction of low- and moderate-income units associated with the apartments shall be required to be undertaken in accordance with the phasing schedule established by N.J.A.C. 5:97-6.4(d). The phasing schedule established by N.J.A.C. 5:97-6.4(d) shall not apply to the townhouses and apartments on a cumulative basis, but rather the phasing schedule for the townhouses shall be separate and distinct from the phasing schedule for the apartments.

(12)

Procedures regarding affirmative marketing of low- and moderate-income units and other requirements of inclusionary development units are subject to and determined by COAH rules or other rules determined appropriate by the court. Notwithstanding § 80-32 of the Borough Affordable Housing Ordinance, affirmative marketing plans shall be approved by the Borough Administrative Agent.

(13)

For the avoidance of doubt, development of the nonresidential component of a mixed-use development in the PRD-2 District shall not be exempt from payment of development fees pursuant to Article IV of Chapter 45 of the Borough Code.